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Table of contents C.1 MEANING OF JURISDICTION OVER THE
SUBJECT MATTER ............................................... 17
CIVIL PROCEDURE C.2 JURISDICTION VERSUS THE EXERCISE OF
JURISDICTION ..................................................... 17
I. GENERAL CONCEPTS ..............................1
C.3 ERROR OF JURISDICTION AS
A. CONCEPTS OF REMEDIAL LAW .................. 2 DISTINGUISHED FROM ERROR OF JUDGMENT 17
B. SUBSTANTIVE LAW VIS-À-VIS REMEDIAL C.4 HOW JURISDICTION IS CONFERRED AND
LAW.................................................................... 2 DETERMINED ...................................................... 17

C. RULE MAKING POWER OF THE SUPREME C.5 DOCTRINE OF ADHERENCE OF


COURT ............................................................... 3 JURISDICTION ..................................................... 18

C.1. LIMITATIONS TO THE RULE-MAKING POWER C.6 OBJECTIONS TO JURISDICTION OVER THE
...............................................................................3 SUBJECT MATTER ............................................... 18

C.2. POWER OF SC TO AMEND AND SUSPEND C.7 EFFECT OF ESTOPPEL ON OBJECTIONS TO


PROCEDURAL RULES...........................................3 JURISDICTION ..................................................... 19

D. NATURE OF PHILIPPINE COURTS ............. 4 D. JURISDICTION OVER THE ISSUES ............. 19

D.1. MEANING OF A COURT ................................ 4 E. JURISDICTION OVER THE RES OR


PROPERTY IN LITIGATION .............................. 19
D.2. COURT AS DISTINGUISHED FROM A JUDGE
.............................................................................. 4 F. JURISDICTON OVER SMALL CLAIMS, CASES
COVERED BY THE RULES ON SUMMARY
D.3. CLASSIFICATION OF PHILIPPINE COURTS . 4
PROCEDURE, AND BARANGAY CONCILIATION
D.4. COURTS OF ORIGINAL AND APPELLATE ......................................................................... 20
JURISDICTION ...................................................... 4
F.1 JURISDICTION OVER SMALL CLAIMS .......... 20
D.5. COURTS OF GENERAL AND SPECIAL
JURISDICTION ...................................................... 5 F.2 CASES COVERED BY RULES ON SUMMARY
PROCEDURE ....................................................... 20
D.6. CONSTITUTIONAL AND STATUTORY
COURTS ................................................................ 5 F.3 CASES COVERED BY BARANGAY
CONCILIATION.................................................... 20
D.7. COURTS OF LAW AND EQUITY .................... 5
G. TOTALITY RULE ........................................... 21
D.8. PRINCIPLE OF JUDICIAL HIERARCHY ......... 5
III. CIVIL PROCEDURE ...............................21
D.9. DOCTRINE OF NON-INTERFERENCE OR
DOCTRINE OF JUDICIAL STABILITY .................... 6 A. ACTIONS ...................................................... 21
II. GENERAL PRINCIPLES ON A.1 MEANING OF ORDINARY CIVIL ACTIONS ... 22
JURISDICTION ........................................... 7 A.2 MEANING OF SPECIAL CIVIL ACTIONS ...... 22
A. JURISDICTION OF COURTS ......................... 7 A.3 MEANING OF CRIMINAL ACTIONS ............. 22
A.1 SUPREME COURT .......................................... 8 A.4 CIVIL ACTION VERSUS SPECIAL
A.2 COURT OF APPEALS ..................................... 9 PROCEEDINGS ................................................... 22

A.3 SANDIGANBAYAN [P.D. 1606, AS AMENDED A.5 PERSONAL ACTIONS AND REAL ACTIONS 23
BY R.A. 7975 AND R.A. 10660] ........................... 10 A.6 LOCAL AND TRANSITORY ACTIONS .......... 24
A.4 REGIONAL TRIAL COURTS ........................... 11 A.7 ACTIONS IN REM, IN PERSONAM, AND QUASI
A.5 FAMILY COURTS [RA 8369] ......................... 13 IN REM ................................................................ 24

A.6 METROPOLITAN TRIAL COURTS/ A.8 INDEPENDENT CIVIL ACTION ..................... 26


MUNICIPAL TRIAL COURTS ............................... 14 B. CAUSE OF ACTION ..................................... 26
A.7 SHARI’A COURTS .......................................... 14 B.1 MEANING OF CAUSE OF ACTION ................ 26
A.8 COURT OF TAX APPEALS ............................ 15 B.2 RIGHT OF ACTION VERSUS CAUSE OF
B. JURISDICTION OVER THE PARTIES ...........16 ACTION ............................................................... 26

B.1 JURISDICTION OVER THE PLAINTIFFS ........ 16 B.3 FAILURE OF THE COMPLAINT TO STATE A
CAUSE OF ACTION ............................................. 27
B.2 JURISDICTION OVER THE DEFENDANTS ... 16
B.4 TEST OF SUFFICIENCY OF CAUSE OF ACTION
C. JURISDICTION OVER THE SUBJECT MATTER ............................................................................. 27
..........................................................................16

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B.5 SPLITTING A SINGLE CAUSE OF ACTION; G.4. AMENDMENTS TO CONFORM TO OR
EFFECTS ............................................................. 28 AUTHORIZE PRESENTATION OF EVIDENCE .... 59
B.6 JOINDER AND MISJOINDER OF CAUSES OF G.5. SUPPLEMENTAL PLEADINGS .................... 59
ACTION ............................................................... 28
G.6. EFFECT OF AMENDED PLEADING ............. 60
C. PARTIES TO CIVIL ACTION ......................... 29
H. SUMMONS .................................................. 60
C.1 REAL PARTIES IN INTEREST; INDISPENSABLE
PARTIES; NECESSARY PARTIES; H.1 NATURE AND PURPOSE OF SUMMONS IN
REPRESENTATIVES AS PARTIES; INDIGENT RELATION TO ACTIONS IN PERSONAM, IN REM,
PARTIES; ALTERNATIVE DEFENDANTS ........... 30 AND QUASI IN REM............................................ 60

C.2 COMPULSORY AND PERMISSIVE JOINDER H.2. VOLUNTARY APPEARANCE........................ 61


OF PARTIES .........................................................32 H.3. PERSONAL SERVICE .................................. 62
C.3 MISJOINDER AND NON-JOINDER OF H.4. SUBSTITUTED SERVICE ............................. 62
PARTIES...............................................................33
H.5. CONSTRUCTIVE SERVICE (BY PUBLICATION)
C.4. CLASS SUITS ................................................33 ............................................................................. 63
C.6 EFFECT OF DEATH OF A PARTY-LITIGANT 34 H.6 EXTRATERRITORIAL SERVICE OF SUMMONS
C.7 DISTINCTION BETWEEN REAL PARTY-IN- ............................................................................. 63
INTEREST AND LOCUS STANDI ........................ 36 H.7. SERVICE UPON PRISONERS AND MINORS
............................................................................. 64
D. VENUE ......................................................... 36
H.8. RETURN AND PROOF OF SERVICE ........... 65
D.1 VENUE VERSUS JURISDICTION .................. 36
D.2 VENUE OF REAL ACTIONS........................... 37 I. MOTIONS ..................................................... 65

D.3 VENUE OF PERSONAL ACTIONS ................. 37 I.1. MOTIONS IN GENERAL................................. 65

D.4. VENUE OF ACTIONS AGAINST NON- I.2. MOTION FOR BILL OF PARTICULARS......... 67
RESIDENTS .......................................................... 37 I.3. MOTION TO DISMISS ................................... 68
D.5 WHEN THE RULES ON VENUE DO NOT J. DISMISSAL OF ACTIONS ............................ 74
APPLY .................................................................. 37
J.1. DISMISSAL UPON NOTICE BY PLAINTIFF;
D.6 EFFECTS ON STIPULATIONS ON VENUE... 38 TWO DISMISSAL RULE....................................... 74
E. RULES ON PLEADINGS .............................. 38 J.2. DISMISSAL UPON MOTION OF PLAINTIFF;
E.1 KINDS OF PLEADINGS ................................. 38 EFFECT ON COUNTERCLAIM ............................ 75

E.2. PLEADINGS ALLOWED IN SPECIAL RULES J.3. DISMISSAL DUE TO FAULT OF THE PLAINTIFF
............................................................................ 45 ............................................................................. 75

E.3. PARTS OF A PLEADING .............................. 45 J.4. DISMISSAL OF COUNTERCLAIM, CROSS-


CLAIM, OR THIRD-PARTY COMPLAINT ............ 76
E.4. ALLEGATIONS IN A PLEADING .................. 48
K. PRE-TRIAL .................................................. 76
E.5. EFFECT OF FAILURE TO PLEAD ................ 50
K.1 CONCEPT OF PRE-TRIAL ............................. 76
E.6. DEFAULT ...................................................... 51
K.2 NATURE AND PURPOSE OF PRE-TRIAL .....77
F. FILING AND SERVICE OF PLEADINGS ....... 54
K.3. NOTICE OF PRE-TRIAL ................................77
F.1 PAYMENT OF DOCKET FEES........................ 54
K.4. APPEARANCE OF PARTIES; EFFECT OF
F.2 FILING VERSUS SERVICE OF PLEADINGS .. 54 FAILURE TO APPEAR ..........................................77
F.3. PERIODS OF FILING OF PLEADINGS ......... 54 K.6. DISTINCTION BETWEEN PRE-TRIAL IN CIVIL
CASES AND PRE-TRIAL IN CRIMINAL CASES .. 79
F.4. MANNER OF FILING ................................... 55
K.7. PROCEEDINGS DURING AND AFTER PRE-
F.5. MODES OF SERVICE ................................... 56 TRIAL ................................................................... 80
G. AMENDMENT AND SUPPLEMENTAL L. INTERVENTION ............................................ 81
PLEADINGS ..................................................... 58
L.1 REQUISITES FOR INTERVENTION ............... 82
G.1. AMENDMENTS AS A MATTER OF RIGHT .. 58
L.2. TIME TO INTERVENE ................................... 82
G.2. AMENDMENTS BY LEAVE OF COURT ....... 58
L.3. REMEDY FOR THE DENIAL OF THE MOTION
G.3. FORMAL AMENDMENTS............................ 59 TO INTERVENE ................................................... 82
M. SUBPOENA ................................................ 83
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M.1. SUBPOENA DUCES TECUM ....................... 83 Q.6. RENDITION OF JUDGMENTS AND FINAL
ORDERS ............................................................ 104
M.2. SUBPOENA AD TESTIFICANDUM ............. 83
Q.7. ENTRY OF JUDGMENT AND FINAL ORDER
M.3. SERVICE OF SUBPOENA ........................... 83 ........................................................................... 105
M.4. COMPELLING ATTENDANCE OF
R. POST-JUDGMENT REMEDIES ..................105
WITNESSES; CONTEMPT................................... 84
R.1. MOTION FOR NEW TRIAL OR
M.5. QUASHING OF SUBPOENA ....................... 84
RECONSIDERATION......................................... 105
N. MODES OF DISCOVERY ............................. 84 R.2. APPEALS ................................................... 108
N.1. DEPOSITION PENDING ACTION; R.3. RELIEF FROM JUDGMENTS OR FINAL
DEPOSITION BEFORE ACTION OR PENDING ORDERS AND RESOLUTIONS .......................... 127
APPEAL ............................................................... 84
R.4. ANNULMENT OF JUDGMENTS OR FINAL
N.2. WRITTEN INTERROGATORIES OF ADVERSE ORDERS AND RESOLUTIONS .......................... 129
PARTIES.............................................................. 88
R.5. COLLATERAL ATTACK OF JUDGMENTS ..130
N.3 REQUEST FOR ADMISSION ........................ 89
S. EXECUTION, SATISFACTION, AND EFFECT
N.4 PRODUCTION OR INSPECTION OF
DOCUMENTS OR THINGS .................................. 91 OF JUDGMENTS.............................................. 131

N.5. PHYSICAL AND MENTAL EXAMINATION OF S.1. DIFFERENCE BETWEEN FINALITY OF


PERSONS............................................................. 91 JUDGMENT FOR PURPOSES OF APPEAL; FOR
PURPOSES OF EXECUTION .............................. 132
N.6. CONSEQUENCES OF REFUSAL TO COMPLY
WITH MODES OF DISCOVERY ........................... 92 S.2. WHEN EXECUTION SHALL ISSUE ............. 132
S.3. HOW JUDGMENT IS EXECUTED ................ 135
O. TRIAL ........................................................... 93
S.4. PROPERTIES EXEMPT FROM EXECUTION
O.1. ADJOURNMENT AND POSTPONEMENTS . 94
........................................................................... 140
O.2. REQUISITES OF MOTION TO POSTPONE
S.5. PROCEEDINGS WHERE PROPERTY CLAIMED
TRIAL .................................................................. 94
BY THIRD PERSONS......................................... 140
O.3. AGREED STATEMENT OF FACTS .............. 94
S.6. RULES ON REDEMPTION ..........................142
O.4. ORDER OF TRIAL; REVERSAL OF ORDER 94
S.7. EXAMINATION OF JUDGMENT OBLIGOR
O.5. CONSOLIDATION OR SEVERANCE OF WHEN JUDGMENT IS UNSATISFIED ................144
HEARING OR TRIAL ........................................... 95
S.8. EXAMINATION OF OBLIGOR OF JUDGMENT
O.6. DELEGATION OF RECEPTION OF EVIDENCE OBLIGOR ............................................................144
............................................................................ 96
S.9. EFFECT OF JUDGMENT OR FINAL ORDERS
O.7. TRIAL BY COMMISSIONERS ...................... 96 ............................................................................145
P. DEMURRER TO EVIDENCE ........................ 97 S.10. ENFORCEMENT AND EFFECT OF FOREIGN
JUDGMENT OR FINAL ORDERS ....................... 147
J.1. GROUND ....................................................... 98
T. PROVISIONAL REMEDIES .........................148
J.2. EFFECT OF DENIAL ..................................... 98
T.1. PRELIMINARY ATTACHMENT ....................148
J.3 EFFECT OF GRANT ....................................... 98
T.2 PRELIMINARY INJUNCTION ....................... 152
J.4. WAIVER OF RIGHT TO PRESENT EVIDENCE
............................................................................ 98 T.3. RECEIVERSHIP ........................................... 157
J.5. DEMURRER TO EVIDENCE IN A CIVIL CASE T.4. REPLEVIN ...................................................159
VS. DEMURRER TO EVIDENCE IN A CRIMINAL
T.5. NATURE OF PROVISIONAL REMEDIES .... 162
CASE ................................................................... 98
T.6. JURISDICTION OVER PROVISIONAL
Q. JUDGMENTS AND FINAL ORDERS ........... 99 REMEDIES.......................................................... 163
Q.1. JUDGMENT WITHOUT TRIAL ....................100
U. SPECIAL CIVIL ACTIONS ........................... 166
Q.2. CONTENTS OF A JUDGMENT ...................100
U.1. INTERPLEADER ..........................................166
Q.3. JUDGMENT ON THE PLEADINGS ............. 102
U.2 DECLARATORY RELIEFS AND SIMILAR
Q.4. SUMMARY JUDGMENTS........................... 102 REMEDIES.......................................................... 167
Q.5. JUDGMENT ON THE PLEADINGS V. U.3 REVIEW OF JUDGMENTS AND FINAL
SUMMARY JUDGMENT V. JUDGMENT BY ORDERS OR RESOLUTIONS OF THE COMELEC
DEFAULT ........................................................... 104 AND COA............................................................169

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U.4. CERTIORARI, PROHIBITION, MANDAMUS B.13 QUANTUM OF PROOF IN APPLICATION FOR
........................................................................... 170 ISSUANCE OF WRIT OF AMPARO ....................218
U.5 QUO WARRANTO ....................................... 176 C. WRIT OF HABEAS DATA [A.M. NO. 08-1-16-
U.6 EXPROPRIATION ........................................ 179 SC] .................................................................. 219

U.7. FORECLOSURE OF REAL ESTATE C.1 SCOPE OF THE WRIT ................................... 219
MORTGAGE ....................................................... 184 C.2 AVAILABILITY OF WRIT............................... 219
U.8 PARTITION .................................................. 187 C.3 DISTINGUISH FROM HABEAS CORPUS AND
U.9. FORCIBLE ENTRY AND UNLAWFUL AMPARO ........................................................... 220
DETAINER........................................................... 191 C.4 WHO MAY FILE THE PETITION .................. 220
U.10 CONTEMPT................................................ 196 C.5 CONTENTS OF THE PETITION ................... 220
U.11. NATURE OF SPECIAL CIVIL ACTIONS .... 200 C.6 CONTENTS OF THE RETURN .................... 220
U.12. ORDINARY CIVIL ACTIONS VERSUS C.7 INSTANCES WHEN DEFENSES MAY BE
SPECIAL CIVIL ACTIONS (SEE III.A.4) .............. 200 HEARD IN CHAMBERS ...................................... 221
U.13. JURISDICTION AND VENUE .................... 201 C.8 CONSOLIDATION ........................................ 221
C.9 EFFECT OF FILING CRIMINAL ACTION ...... 221

SPECIAL PROCEEDINGS C.10 INSTITUTION OF SEPARATE ACTION ...... 221


C.11 QUANTUM OF PROOF IN APPLICATION FOR
IV. SPECIAL PROCEEDINGS ................... 206 ISSUANCE OF WRIT OF HABEAS DATA ........... 221
A. WRIT OF HABEAS CORPUS .....................206
A.1 CONTENTS OF THE PETITION ................... 208
CRIMINAL PROCEDURE
A.2 CONTENTS OF THE RETURN .................... 208
A.3 DISTINGUISH PEREMPTORY WRIT FROM
V. CRIMINAL PROCEDURE .................... 232
PRELIMINARY CITATION ................................. 208 A. GENERAL MATTERS ................................ 232
A.4 WHEN NOT PROPER OR APPLICABLE .... 209 A.1. JURISDICTION OVER SUBJECT MATTER AND
A.5 WHEN WRIT DISALLOWED OR DISCHARGED JURISDICTION OVER PERSON OF THE ACCUSED
.......................................................................... 209 DISTINGUISHED; TERRITORIAL JURISDICTION
........................................................................... 232
A.6 DISTINGUISHED FROM WRIT OF AMPARO
AND HABEAS DATA ......................................... 209 A.2. REQUISITES FOR EXERCISE OF CRIMINAL
JURISDICTION .................................................. 233
A.7 RULES ON CUSTODY OF MINORS AND WRIT
OF HABEAS CORPUS IN RELATION TO CUSTODY A.3. JURISDICTION OF CRIMINAL COURTS .... 233
OF MINORS (A.M. NO. 03-04-04-SC) .............. 210 A.4. WHEN INJUNCTION MAY BE ISSUED TO
RESTRAIN CRIMINAL PROSECUTION ............ 235
B. WRIT OF AMPARO (A.M. 07-9-12-SC) ..... 214
B.1 COVERAGE................................................... 214 B. PROSECUTION OF OFFENSES ................ 235

B.2 DISTINGUISH FROM HABEAS CORPUS AND B.1. CRIMINAL ACTIONS; HOW INSTITUTED .. 235
HABEAS DATA................................................... 215 B.2. WHO MAY FILE; CRIMES THAT CANNOT BE
B.3 AMPARO VS SEARCH WARRANT .............. 215 PROSECUTED DE OFFICIO .............................. 236

B.4 PETITION ..................................................... 215 B.3. CRIMINAL ACTIONS, WHEN ENJOINED .. 238

B.5 CONTENTS OF THE RETURN ..................... 216 B.4. CONTROL OF PROSECUTION .................. 238

B.6 EFFECT OF FAILURE TO FILE RETURN ..... 217 B.5. SUFFICIENCY OF COMPLAINT OR
INFORMATION ................................................. 239
B.7 OMNIBUS WAIVER RULE ........................... 217
B.6. DESIGNATION OF OFFENSE ....................240
B.8 PROCEDURE FOR HEARING...................... 217
B.7. CAUSE OF THE ACCUSATION ...................241
B.9 INSTITUTION OF SEPARATE ACTION ....... 217
B.8. DUPLICITY OF THE OFFENSE; EXCEPTION
B.10 EFFECT OF FILING A CRIMINAL ACTION . 217 ............................................................................241
B.11 CONSOLIDATION ....................................... 217 B.9. AMENDMENT OR SUBSTITUTION OF
COMPLAINT OR INFORMATION...................... 242
B.12 INTERIM RELIEFS AVAILABLE TO
PETITIONER AND RESPONDENT..................... 217 B.10. VENUE OF CRIMINAL ACTIONS ............. 243

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B.11. INTERVENTION OF OFFENDED PARTY .. 244 F.7. INCREASE OR REDUCTION OF BAIL ........ 259
C. PROSECUTION OF CIVIL ACTION ............244 F.8. FORFEITURE AND CANCELLATION OF BAIL
........................................................................... 259
C.1 RULE ON IMPLIED INSTITUTION OF CIVIL
ACTION WITH CRIMINAL ACTION ................... 244 F.9. APPLICATION NOT A BAR TO OBJECTIONS
ON ILLEGAL ARREST, LACK OF OR IRREGULAR
C.2. WHEN CIVIL ACTION MAY PROCEED PRELIMINARY INVESTIGATION ....................... 260
INDEPENDENTLY ............................................. 245
F.10. HOLD/ALLOW DEPARTURE ORDER AND
C.3. WHEN SEPARATE CIVIL ACTION IS BUREAU OF IMMIGRATION WATCHLIST ........ 260
SUSPENDED..................................................... 245
G. ARRAIGNMENT AND PLEA ...................... 261
C.4. EFFECT OF DEATH OF THE ACCUSED OR
CONVICT ON CIVIL ACTION ............................. 245 G.1. ARRAIGNMENT AND PLEA; HOW MADE . 262
C.5. PREJUDICIAL QUESTION ......................... 245 G.2. WHEN A PLEA OF NOT GUILTY SHOULD BE
ENTERED .......................................................... 263
C.6. RULE ON FILING FEES IN CIVIL ACTION
DEEMED INSTITUTED WITH THE CRIMINAL G.3. WHEN ACCUSED MAY ENTER A PLEA OF
ACTION ............................................................. 246 GUILTY TO A LESSER OFFENSE ...................... 264
D. PRELIMINARY INVESTIGATION .............. 247 G.4. ACCUSED PLEADS GUILTY TO CAPITAL
OFFENSE; WHAT THE COURT SHOULD DO ... 264
D.1. NATURE OF RIGHT ................................... 247
G.5. SEARCHING INQUIRY ............................... 264
D.2. PURPOSES OF PRELIMINARY
INVESTIGATION ............................................... 247 G.6. IMPROVIDENT PLEA OF GUILTY TO A
CAPITAL OFFENSE ........................................... 265
D.3. WHO MAY CONDUCT DETERMINATION OF
EXISTENCE OF PROBABLE CAUSE ................. 248 G.7. GROUNDS FOR SUSPENSION OF
ARRAIGNMENT ................................................ 265
D.4. RESOLUTION OF THE INVESTIGATING
PROSECUTOR .................................................. 249 H. MOTION TO QUASH ................................. 266
D.5. REVIEW ..................................................... 249 H.1. GROUNDS .................................................. 266
D.6. WHEN WARRANT OF ARREST MAY ISSUE H.2. DISTINGUISH MOTION TO QUASH FROM
.......................................................................... 250 DEMURRER TO EVIDENCE .............................. 269
D.7. CASES NOT REQUIRING PRELIMINARY H.3. EFFECTS OF SUSTAINING THE MOTION TO
INVESTIGATION NOR COVERED BY THE RULE QUASH .............................................................. 270
ON SUMMARY PROCEDURE ........................... 250
H.4. EXCEPTION TO THE RULE THAT
D.8. REMEDIES OF ACCUSED IF THERE WAS NO SUSTAINING THE MOTION IS NOT A BAR TO
PRELIMINARY INVESTIGATION ....................... 251 ANOTHER PROSECUTION ................................ 271
D.9. INQUEST .................................................... 251 H.5. DOUBLE JEOPARDY .................................. 271
E. ARREST ..................................................... 252 H.6. PROVISIONAL DISMISSAL ....................... 272
E.1. ARREST, HOW MADE ................................ 252 I. PRE-TRIAL.................................................. 272
E.2. ARREST WITHOUT WARRANT, WHEN I.1. MATTERS TO BE CONSIDERED DURING PRE-
LAWFUL ............................................................ 252 TRIAL ................................................................. 273
E.3. METHOD OF ARREST ............................... 254 I.2. WHAT THE COURT SHOULD DO WHEN
PROSECUTION AND OFFENDED PARTY AGREE
E.4. REQUISITES OF A VALID WARRANT OF TO THE PLEA OFFERED BY THE ACCUSED .... 274
ARREST ............................................................ 255
I.3. PRE-TRIAL AGREEMENT ........................... 274
F. BAIL............................................................ 256
I.4. NON-APPEARANCE DURING PRE-TRIAL. 274
F.1. NATURE ..................................................... 256
I.5. PRE-TRIAL ORDER..................................... 274
F.2. WHEN A MATTER OF RIGHT; EXCEPTIONS
.......................................................................... 256 I.6. REFERRAL OF SOME CASES FOR COURT-
ANNEXED MEDIATION AND JUDICIAL DISPUTE
F.3. WHEN A MATTER OF DISCRETION .......... 257 RESOLUTION .................................................... 275
F.4. HEARING OF APPLICATION FOR BAIL IN J. TRIAL .......................................................... 275
CAPITAL OFFENSES ........................................ 258
J.1. INSTANCES WHEN PRESENCE OF ACCUSED
F.5. GUIDELINES IN FIXING AMOUNT OF BAIL IS REQUIRED BY LAW ...................................... 275
.......................................................................... 258
J.2. REQUISITES BEFORE TRIAL CAN BE
F.6. WHEN BAIL NOT REQUIRED .................... 259 SUSPENDED ON ACCOUNT OF ABSENCE OF
WITNESS ........................................................... 275
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J.3. TRIAL IN ABSENTIA ................................... 276 O. PROVISIONAL REMEDIES ....................... 300
J.4. REMEDY WHEN ACCUSED IS NOT BROUGHT O.1. NATURE .....................................................300
TO TRIAL WITHIN THE PRESCRIBED PERIOD 276
O.2. KINDS OF PROVISIONAL REMEDIES........301
J.5. REQUISITES FOR DISCHARGE OF ACCUSED
TO BECOME A STATE WITNESS ...................... 276
J.6. EFFECTS OF DISCHARGE OF ACCUSED AS
STATE WITNESS ................................................ 277
EVIDENCE
J.7. DEMURRER TO EVIDENCE......................... 277 VI. EVIDENCE .........................................304
K. JUDGMENT................................................ 278 A. GENERAL PRINCIPLES ............................ 304
K.1. REQUISITES OF A JUDGMENT.................. 278 A.1. CONCEPT OF EVIDENCE ........................... 304
K.2. CONTENTS OF JUDGMENT ...................... 279 A.2. SCOPE OF THE RULES OF EVIDENCE ..... 304
K.3. PROMULGATION OF JUDGMENT; A.3. EVIDENCE IN CIVIL CASES VERSUS
INSTANCES OF PROMULGATION OF JUDGMENT EVIDENCE IN CRIMINAL CASES ...................... 304
IN ABSENTIA ..................................................... 281
A.4. PROOF VERSUS EVIDENCE ..................... 305
K.4 FINALITY OF JUDGMENT (FOUR INSTANCES)
A.5. FACTUM PROBANS VERSUS FACTUM
.......................................................................... 282
PROBANDUM ................................................... 305
L. NEW TRIAL OR RECONSIDERATION ....... 282 A.6. ADMISSIBILITY OF EVIDENCE .................. 306
L.1 GROUNDS FOR NEW TRIAL ....................... 282 A.7. BURDEN OF PROOF AND BURDEN OF
L.2. GROUNDS FOR RECONSIDERATION ...... 282 EVIDENCE ......................................................... 308
L.3. REQUISITES BEFORE A NEW TRIAL MAY BE A.8. PRESUMPTIONS ....................................... 309
GRANTED ON GROUND OF NEWLY DISCOVERED A.9. LIBERAL CONSTRUCTION OF THE RULES OF
EVIDENCE ......................................................... 282 EVIDENCE .......................................................... 313
L.4. EFFECTS OF GRANTING NEW TRIAL OR A.10. QUANTUM OF EVIDENCE (WEIGHT AND
RECONSIDERATION ........................................ 283 SUFFICIENCY OF EVIDENCE)............................ 313
L.5. APPLICATION OF THE NEYPES DOCTRINE IN
B. JUDICIAL NOTICE AND JUDICIAL
CRIMINAL CASES ............................................. 283
ADMISSIONS .................................................. 314
M. APPEAL..................................................... 283
B.1. WHAT NEED NOT BE PROVED................... 314
M.1. EFFECT OF AN APPEAL............................ 284
B.2. MATTERS OF JUDICIAL NOTICE................ 314
M.2. WHERE TO APPEAL ................................. 284
B.3. JUDICIAL ADMISSIONS .............................. 316
M.3. HOW APPEAL TAKEN .............................. 284
B.4. JUDICIAL NOTICE OF FOREIGN LAWS, LAW
M.4. EFFECT OF APPEAL BY ANY OF SEVERAL OF NATIONS AND MUNICIPAL ORDINANCE... 318
ACCUSED.......................................................... 290
C. OBJECT (REAL) EVIDENCE....................... 320
M.5. GROUNDS FOR DISMISSAL OF APPEAL 290
C.1. MEANING OF OBJECT EVIDENCE ........ 320
N. SEARCH AND SEIZURE.............................291
C.2. REQUISITES FOR ADMISSIBILITY ........ 320
N.1. NATURE OF SEARCH WARRANT .............. 291
C.3. CATEGORIES OF OBJECT EVIDENCE ....... 320
N.2. DISTINGUISH FROM WARRANT OF ARREST
C.4. DEMONSTRATIVE EVIDENCE ................... 321
........................................................................... 291
C.5. VIEW OF AN OBJECT OR SCENE ............... 321
N.3. APPLICATION FOR SEARCH WARRANT;
WHERE FILED ................................................... 292 D. DOCUMENTARY EVIDENCE ..................... 321
N.4. PROBABLE CAUSE (IN SEARCH WARRANTS) D.1. MEANING OF DOCUMENTARY EVIDENCE321
.......................................................................... 294
D.2. REQUISITES FOR ADMISSIBILITY ............. 321
N.5. PERSONAL EXAMINATION BY JUDGE OF
THE APPLICANT AND WITNESSES ................. 294 D.3. BEST EVIDENCE RULE............................... 321
N.6. PARTICULARITY OF PLACE TO BE D.4. PAROL EVIDENCE RULE .......................... 323
SEARCHED AND THINGS TO BE SEIZED ........ 295 D.5. AUTHENTICATION AND PROOF OF
N.7. PERSONAL PROPERTY TO BE SEIZED.... 296 DOCUMENTS .................................................... 324
N.8. EXCEPTIONS TO THE SEARCH WARRANT E. TESTIMONIAL EVIDENCE ......................... 328
REQUIREMENT ................................................ 296
E.1. QUALIFICATIONS OF A WITNESS ............. 328
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E.2. COMPETENCY VERSUS CREDIBILITY OF A C. PRELIMINARY CONFERENCE AND
WITNESS........................................................... 328 APPEARANCES OF PARTIES ....................... 360
E.3. DISQUALIFICATIONS OF WITNESSES ..... 329 VIII. RULES OF PROCEDURE FOR SMALL
E.4. EXAMINATION OF A WITNESS ................. 336 CLAIMS CASES ........................................361
E.5. ADMISSIONS AND CONFESSIONS .......... 340 A. SCOPE AND APPLICABILITY OF THE RULE
A. RES INTER ALIOS ACTA RULE .................... 340 ........................................................................ 361
B. ADMISSION BY A PARTY ............................. 340 B. COMMENCEMENT OF SMALL CLAIMS
ACTION; RESPONSE...................................... 361
C. ADMISSION BY A THIRD PARTY .................. 341
C. PROHIBITED PLEADINGS AND MOTIONS
D. ADMISSION BY A CO-PARTNER OR AGENT
........................................................................... 341
....................................................................... 363

E. ADMISSION BY A CONSPIRATOR ............... 342 D. APPEARANCES ........................................ 363


F. ADMISSION BY PRIVIES............................... 342 E. HEARING; DUTY OF THE JUDGE ............. 363
G. ADMISSION BY SILENCE ............................. 343 F. FINALITY OF JUDGMENT ......................... 363
H. CONFESSIONS ............................................. 343 IX. RULES OF PROCEDURE FOR
I. SIMILAR ACTS AS EVIDENCE ....................... 344 ENVIRONMENTAL CASES ...................... 364
E.6 HEARSAY RULE ......................................... 344 A. SCOPE AND APPLICABILITY OF THE RULE
....................................................................... 364
A. MEANING OF HEARSAY .............................. 345
B. CIVIL PROCEDURE ................................... 364
B. REASON FOR EXCLUSION OF HEARSAY
EVIDENCE ......................................................... 345 B.1. JUDGMENT AND EXECUTION; RELIEFS IN A
CITIZEN SUIT .................................................... 366
C. EXCEPTIONS TO THE HEARSAY RULE ....... 345
B.2. PERMANENT ENVIRONMENTAL
E.7. OPINION RULE .......................................... 351
PROTECTION ORDER; WRIT OF CONTINUING
E.8. CHARACTER EVIDENCE .......................... 353 MANDAMUS ..................................................... 367
F. OFFER AND OBJECTION .......................... 354 B.3. STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION (SLAPP) ................................. 367
F.1. OFFER OF EVIDENCE ................................ 354
C. SPECIAL CIVIL ACTIONS .......................... 368
F.2. WHEN TO MAKE AN OFFER ..................... 355
C.1. WRIT OF KALIKASAN................................. 368
F.3. OBJECTION ................................................ 355
C.2. WRIT OF CONTINUING MANDAMUS ....... 369
F.4. REPETITION OF AN OBJECTION .............. 356
D. CRIMINAL PROCEDURE .......................... 370
F.5. RULING ...................................................... 356
D.1. STRATEGIC LAWSUIT AGAINST PUBLIC
F.6. STRIKING OUT AN ANSWER .....................357 PARTICIPATION [SLAPP] ................................. 370
D.2. PROCEDURE IN THE CUSTODY AND
DISPOSITION OF SEIZED ITEMS ...................... 371
SPECIAL LAWS
VII. REVISED RULES ON SUMMARY
PROCEDURE .......................................... 360
A. CASES COVERED BY THE RULE ..............360
B EFFECT OF FAILURE TO ANSWER ..........360

x
UP LAW BOC CIVIL PROCEDURE REMEDIAL LAW

REMEDIAL LAW
CIVIL PROCEDURE

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I. General Concepts EXCEPT: by analogy or in a suppletory character


and whenever practicable and convenient [Sec. 4,
A. CONCEPTS OF REMEDIAL LAW Rule 1]

Remedial law – traditional term given to the rules Prospectivity/ Retroactivity


which prescribe the procedure for the protection
and enforcement of all claims arising from the GENERAL RULE: Rules of procedure may be
rights and duties created by law [Riano] modified at any time to become effective at once,
so long as the change does not affect vested
That branch of law which prescribes the method rights. Moreover, it is equally axiomatic that there
of enforcing rights or obtaining redress for their are no vested rights to rules of procedure.
invasion [Bustos v. Lucero, G.R. No. L-2068 [Zulueta v. Asia Brewery, , G.R. No. 138137 (2001)]
(1948)].
EXCEPTIONS: as enumerated in Tan, Jr. v. CA
Source (G.R. No. 136368 (2002), citing Agpalo:
Remedial law is mostly in the Rules of Court. procedural rules do not apply to pending actions:
Circulars of the Supreme Court implementing the (1) where the statute itself or by necessary
Rules of Court (e.g. Rules on Summary implication provides that pending actions are
Procedure) are also sources of remedial law. excepted from its application;
(2) if applying the rule to pending actions would
The Rules of Court, do not originate from the impair vested rights;
legislature and cannot be called laws in the strict (3) when to do so would not be feasible or would
sense. However, since they are promulgated by work injustice;
authority of law, they have the force and effect of (4) if doing so would involve intricate problems of
law, if not in conflict with positive law. The rule is due process or impair the independence of the
subordinate to the statute, and in case of conflict, courts.
the statute will prevail. [Riano citing Alvero v. Dela
Rosa, G.R. No. L-286 (1946); Shioji v Harvey, G.R. B. SUBSTANTIVE LAW VIS-À-VIS
No. 18940 (1922)] REMEDIAL LAW

Applicability Substantive Law - creates, defines and regulates


The Rules of Court shall apply in all the courts, rights and duties regarding life, liberty or
except as otherwise provided by the SC. [Sec. 2, property which when violated gives rise to a cause
Rule 1] of action [Bustos v. Lucero, G.R. No. L-2068
(1948)]
It shall govern the procedure to be observed in
civil or criminal actions, and special proceedings. Substantive Law Remedial Law
[Sec. 3, Rule 1] Creates, defines, or Legislation providing
regulates rights, means or methods
It does not apply to the following cases:
concerning life, liberty whereby causes of
(1) Election cases,
or property or the action may be
(2) Land registration cases,
powers of agencies or effectuated, wrongs
(3) Cadastral cases
instrumentalities for redressed, and relief
(4) Naturalization cases,
the administration of obtained; also called
(5) Insolvency proceedings
public affairs Adjective Law
(6) Other cases not provided for in the Rules of
Vested rights are
Court It has no vested rights
possible

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Governs acts and and inexpensive process, and the speedy


Prospective in transactions which disposition of cases. [Neypes v. CA, G.R. No.
application took place 141524 (2005)]
(retroactive)
SC is expressly The constitutional faculty of the Court to
Cannot be enacted by empowered to promulgate rules necessarily carries with it the
the SC promulgate power to overturn judicial precedents on points of
procedural rules remedial law through the amendment of the
Rules of Court. [Pinga v. Heirs of Santiago, G.R.
C. RULE MAKING POWER OF THE No. 170354 (2006)]
SUPREME COURT
The Rules of Court shall be liberally construed in
Sec. 5(5), Art. VIII, of the 1987 CONST provides that order to promote their objective of securing a just,
that the Supreme Court shall have the power to speedy and inexpensive disposition of every
promulgate rules concerning: action and proceeding. [Sec. 6, Rule 1]
(1) the protection and enforcement of
The power of the Supreme Court to suspend its
constitutional rights,
own rules or to except a particular case from its
(2) pleading, practice, and procedure in all
operations whenever the purposes of justice
courts;
require it, cannot be questioned. [De Guzman v.
(3) admission to the practice of law;
Sandiganbayan, G.R. No. 103276(1996)]
(4) the Integrated Bar;
(5) legal assistance to the underprivileged
Compliance with the procedural rules is the
general rule, and abandonment thereof should
C.1. LIMITATIONS TO THE RULE-MAKING
only be done in the most exceptional
POWER
circumstances. [Pilapil v. Heirs of Briones, G.R. No.
The same section sets forth the limitations to the 150175 (2007)]
power:
(1) The rules shall provide a simplified and Litigation is not a game of technicalities, but
inexpensive procedure for speedy disposition every case must be prosecuted in accordance
of cases; with the prescribed rules of procedure to ensure
(2) The rules shall be uniform for courts of the an orderly and speedy administration of justice.
same grade; and Only for the most persuasive of reasons can such
(3) The rules shall not diminish, increase or rules be relaxed to relieve a litigant of an injustice
modify substantive rights. not commensurate with the degree of his
thoughtlessness in not complying with the
The 1987 Constitution, however, took away the procedure prescribed. [Novateknika v. PNB, G.R.
power of Congress to repeal, alter or supplement No. 194104 (2013)]
rules concerning pleading, practice and
procedure. The power to promulgate rules is no Where strong considerations of substantive
longer shared by the Court with Congress, more so justice are manifest in the petition, the strict
with the executive. [Echegaray v. Secretary of application of the rules of procedure may be
Justice, G.R. No. 132601 (1999)] relaxed, in the exercise of its equity jurisdiction. A
rigid application of the rules of procedure will not
C.2. POWER OF SC TO AMEND AND SUSPEND be entertained if it will obstruct rather than serve
PROCEDURAL RULES the broader interests of justice in the light of the
The SC has the sole prerogative to amend, repeal, prevailing circumstances in the case under
or even establish new rules for a more simplified consideration. [CMTC Int’l Marketing Corp. v.
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Bhagis Int’l Trading Corp., G.R. No. 170488 It is also the place where justice is administered.
(2012)] [Riano citing Black’s Law Dictionary, Am. Jur. and
C. J. S.]
Parties praying for the liberal interpretation of
the rules must be able to hurdle that heavy
burden of proving that they deserve an D.2. COURT AS DISTINGUISHED FROM A
exceptional treatment. It was never the Court’s JUDGE
intent “to forge a bastion for erring litigants to
violate the rules with impunity.” [Prieto v. Alpadi A court is an organ of government with a
Development Corp., G.R. No. 191025 (2013)] personality separate and distinct from the judge
who sits on it. [People v. Carlos, G.R. No. L-239
Concomitant to a procedure adopting a liberal (1947)]
application of the rules should be an effort on the
Court Judge
part of the party invoking liberality to explain his
Tribunal officially
failure to abide by the rules. [Duremdes v. Officer of such
assembled under
Duremdes, G.R. No. 138256 (2003)] tribunal
authority of law
Comparable to a A physical or natural
What constitutes good and sufficient cause that
corporation person
would merit suspension of the rules is
discretionary upon the courts. [CIR v. Mirant
Jurisdiction does not attach to the judge but to the
Pagbilao Corp., G.R. No. 159593 (2006)]
court. The continuity of a court and the efficacy of
The reasons which would warrant suspension of its proceedings are not affected by the death,
the Rules are: resignation, or cessation from the service of the
(1) The existence of special and compelling judge presiding over it. [ABC Davao Auto Supply v.
circumstances; CA, G.R. No. 113296 (1998)]
(2) The merits of the case;
(3) A cause not entirely attributable to the fault or
D.3. CLASSIFICATION OF PHILIPPINE COURTS
negligence of the party favored by the
suspension; (1) Courts of original and appellate
(4) A lack of any showing that the reviw sought is jurisdiction
(2) Courts of general and special jurisdiction
merely frivolous or dilatory; and
(3) Constitutional and statutory courts
(5) The rights of the other party will not be (4) Courts of Law and equity
unjustly prejudiced thereby. [Sarmiento v. (5) Others
Zaratan, G.R. No. 167471 (2007)] a. Superior and inferior courts
b. Courts of record and courts not of
D. NATURE OF PHILIPPINE COURTS record

D.1. MEANING OF A COURT D.4. COURTS OF ORIGINAL AND APPELLATE


JURISDICTION
Court – an organ of government belonging to the Original Appellate
judicial department, the function of which is the Actions or Have the power to
application of the laws to controversies brought proceedings may be review on appeal the
before it as well as the public administration of originally commenced decisions or orders of
justice. a lower court

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Appellate jurisdiction refers to a process which is


but a continuation of the original suit, not a Equity is available only in the absence of law and
commencement of a new action. [Morales v. CA, not as its replacement. [PTA of ST. Matthew
G.R. No. 126623 (1997)] Christian Academy v. Metropolitan Bank and Trust
Co., G.R. No. (2010)]
D.5. COURTS OF GENERAL AND SPECIAL
JURISDICTION NOTE. In Carceller v. CA [G.R. No. 124791 (1999)],
General Special the Supreme Court stated immediately preceding
Competent to decide the dispositive portion that: “Courts of law, being
their own jurisdiction also courts of equity, may not countenance such
No power to decide grossly unfair results without doing violence to its
and to take
their own jurisdiction solemn obligation to administer fair and equal
cognizance of all
and can only try cases justice for all.”
kinds of cases, unless
permitted by statute
otherwise provided by
the law or Rules OTHER CLASSIFICATIONS
Superior and Inferior Courts [Regalado]
D.6. CONSTITUTIONAL AND STATUTORY Superior Inferior
COURTS Are lower in rank, in
Have the power of relation to another
Constitutional Statutory
review or supervision court and subject to
Owe creation and
over another and review and
existence to the
lower court supervision by the
Constitution and
Created, organized latter
cannot be legislated
and with jurisdiction
out of existence or Courts of record and not of record [Riano]
exclusively
deprived by law of the
determined by law Of record Not of record
jurisdiction and
Proceedings are
powers unqualifiedly
enrolled and are
vested in them
bound to keep a
written record of all
D.7. COURTS OF LAW AND EQUITY trials and proceedings
handled by them Not required to keep a
Law Equity [Regalado] written record or
Settle cases transcript of
according to the There is a strong proceedings held
Settle cases principles of equity, presumption as to the therein
according to law referring to principles veracity of its records
of justice, fairness and that cannot be
fair play collaterally attacked
except in cases of
Philippine courts are basically courts of law, not fraud
courts of equity. Equity, which has been aptly
described as a “justice outside legality,” is All Philippine courts, including inferior courts, are
applied only in the absence of, and never against, now courts of record. [Riano]
statutory law. Aequetas nunquam contravenit
legis. [GF Equity, Inc. v. Valenzona, G.R. No. D.8. PRINCIPLE OF JUDICIAL HIERARCHY
156841 (2005)]
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Doctrine of hierarchy of courts: Where courts have D.9. DOCTRINE OF NON-INTERFERENCE OR


concurrent jurisdiction over a subject matter, a DOCTRINE OF JUDICIAL STABILITY
case must be filed before the lowest court
possible having the appropriate jurisdiction, Courts of equal and coordinate jurisdiction
except if one can advance a special reason which cannot interfere with each other’s orders [Lapu-
would allow direct recourse to a higher court. Lapu Dev’t and Housing Corp. v. Group
Management Corp., G.R. No. 141407 (2002)]
The principle of hierarchy of courts requires that
recourses should be made to the lower courts The principle also bars a court from reviewing or
before they are made to the higher courts. interfering with the judgment of a co-equal court
[Republic v. Caguioa, G.R. No. 174385 (2013)] over which it has no appellate jurisdiction or
power of review. [Villamor v. Salas, G.R. No.
Parties must observe the hierarchy of courts 101041 (1991)]
before they can seek relief directly from the SC –
the rationale is two-fold: The doctrine applies with equal force to
(1) It would be an imposition upon the limited administrative bodies. When the law provides for
time of the Court; and an appeal from the decision of an administrative
(2) It would inevitably result in a delay, in the body to the SC or CA, it means that such body is
adjudication of cases, which are remanded or co-equal with the RTC in terms of rank and
referred to the lower court as the proper forum, stature, and logically beyond the control of the
or a trier of facts. [People v Azarraga, G.R. No. latter [Phil. Sinter Corp. v. Cagayan Electric Power,
187117 (2011)] G.R. No. 127371 (2002)].

A disregard of the doctrine of hierarchy of courts The rationale for the rule is founded on the
warrants, as a rule, the outright dismissal of a concept of jurisdiction: a court that acquires
petition. [De Castro v. Carlos, G.R. No. 194994 jurisdiction over the case and renders judgment
(2013)] therein has jurisdiction over its judgment, to the
exclusion of all other coordinate courts, for its
The SC may disregard the doctrine if warranted execution and over all its incidents, and to control,
by the nature and importance of the issues raised in furtherance of justice, the conduct of
in the interest of speedy justice and to avoid ministerial officers acting in connection with this
future litigations. judgment. [Cabili v. Balindong, A.M. No. RTJ-10-
2225 (2011)]
Direct resort to the SC has been allowed in the
following cases: GENERAL RULE: No court has the authority to
(1) Where there are special and important interfere by injunction with the judgment of
reasons clearly stated in the petition; another court of coordinate jurisdiction or to pass
(2) When dictated by public welfare and the upon or scrutinize and much less declare as
advancement of public policy; unjust a judgment of another court
(3) When demanded by the broader interest of
justice; EXCEPTION: The doctrine of judicial stability does
(4) When the challenged orders were patent not apply where a third party claimant is involved
nullities; – this is in consonance with the well-established
(5) When analogous exceptional and compelling principle that no man shall be affected by any
circumstances called for and justified the proceeding to which he is a stranger. [Sps.
immediate and direct handling by the Court. Crisologo v. Omelio, A.M. No. RTJ-12-2321 (2012),
[Republic v. Caguioa, G.R. No. 174385 (2013)] citing Sec. 16, Rule 39, and quoting Naguit v. CA,
G.R. No. 137675 (2000)]
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II. General Principles on


Jurisdiction
Jurisdiction is the power and authority of the court
to hear, try, and decide a cause. It has also been
referred to as the power or capacity given by the
law to a court or tribunal to entertain, hear, and
determine certain controversies [Riano]

Judicial Power includes the duty of the courts of


justice:
(1) To settle actual controversies involving rights,
which are legally demandable and
enforceable; and
(2) To determine WON there has been grave abuse
of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of Government. [Sec. 1, Art.
VIII, 1987 Constitution]

Traditional vs expanded jurisdiction [Araullo v.


Aquino, G.R. No. 209287 (2015)]
Traditional Expanded
Addresses the
relationship of parties
to any branch or
Involves instrumentality of the
controversies government, and
brought about by allows direct but
rights – whether limited redress
public or private – against the
which are government –
demandable and available only when a
enforceable against grave abuse of
one another discretion on the part
of government is
alleged to have been
committed

Judicial review is the power of the Court to declare


a law, treaty, international or executive
agreement, presidential decree, proclamation,
order, instruction, ordinance, or regulation
unconstitutional.

A. JURISDICTION OF COURTS
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(1) With CA
A.1 SUPREME COURT (a) Petitions for certiorari, prohibition, and
mandamus against:
Exclusive Original Jurisdiction (i) Regional Trial Courts;
Petitions for certiorari, prohibition and (ii) Civil Service Commission;
mandamus against: (iii) Central Board of Assessment
(1) Court of Appeals Appeals;
(2) Commission on Elections (iv) NLRC and other Quasi-Judicial
(3) Commission on Audit Agencies
(4) Court of Tax Appeals En Banc NOTE: That, although there is
(5) Sandiganbayan concurrent jurisdiction as the 1987
(6) Ombudsman in criminal and non- Constitution grants this to the SC, SC
administrative disciplinary cases A.M. No. 07-7-12 issued on 4
[Ombudsman v. Heirs of Margarita Vda. De December 2007 provides that if the
Ventura, G.R. No. 151800 (2009), citing petition involves an act/omission of
Estrada v. Desierto, G. R. No. 156160 (2004)] a Quasi-Judicial Agency, the petition
shall only be cognizable by the CA
The certiorari jurisdiction of the Supreme Court and must be filed there.
has been rigorously streamlined, such that Rule (b) Petitions for writ of kalikasan
65 only admits cases based on the specific
grounds provided therein. The Rule applies if (2) With RTC in cases affecting ambassadors,
there is no appeal or any other plain, speedy, and public ministers and consuls.
adequate remedy in the ordinary course of law.
The independent action for certiorari will lie only (3) With CA and RTC
if grave abuse of discretion is alleged and proven (a) Petitions for certiorari, prohibition and
to exist. [Lagua v. CA, G.R. No. 173390 (2012)] mandamus against lower courts and
bodies;
NOTE: That in Araullo v. Aquino III, G.R. No. (b) Petitions for quo warranto;
209287 (2014), the SC held that petitions for (c) Petitions for writs of habeas corpus.
certiorari and prohibition are appropriate
(4) With CA, RTC and Sandiganbayan
remedies to raise constitutional issues and to
(a) Petitions for writ of amparo and habeas
review and/or prohibit or nullify the acts of
data.
legislative and executive officials. “With respect
to the Court, however, the remedies of certiorari
Appellate Jurisdiction
and prohibition are necessarily broader in scope
By way of petition for review on certiorari (appeal
and reach, and the writ of certiorari or prohibition
by certiorari under Rule 45) against:
may be issued to correct errors of jurisdiction
(1) CA
committed not only by a tribunal, corporation,
(2) Sandiganbayan
board or officer exercising judicial, quasi-judicial
(3) RTC on pure questions of law
or ministerial functions but also to set right, undo
(4) CTA in its decisions rendered en banc
and restrain any act of grave abuse of discretion
(5) MetC, MTC, MCTC in the exercise of their
amounting to lack or excess of jurisdiction by any
delegated jurisdiction, where the decision,
branch or instrumentality of the Government,
had it been rendered by RTC, would be
even if the latter does not exercise judicial, quasi-
appealable directly to the SC [Sec. 34, BP 129,
judicial or ministerial functions.”
as amended]
Concurrent Original Jurisdiction

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Only pure questions of law are involved when no considered, would justify a different
evidentiary matters are to be evaluated by the SC. conclusion;
If the only issue is whether or not the conclusions (10) The findings of the CA are beyond the
of the trial court are in consonance with law and issues of the case;
jurisprudence, then the issue is a pure question of (11) Such findings are contrary to the
law. [Urbano v. Chavez, G.R. No. 87977 (1990)] admissions of both parties.

This appellate jurisdiction applies: A.2 COURT OF APPEALS


(1) In cases involving the constitutionality or
validity of a law or treaty, international or Exclusive Original Jurisdiction
executive agreement, law, presidential decree, (1) Actions for annulment of judgments of the
proclamation, order, instruction, ordinance or RTC [see: Sec. 9(2), BP 129; Sec. 1, Rule 47]
regulation, legality of a tax, impost,
assessment, toll or penalty, jurisdiction of a Concurrent Original Jurisdiction
lower court; and (1) With SC
(2) All cases in which the jurisdiction of any court (a) Petitions for certiorari, prohibition, and
is in issue; mandamus against:
(3) All cases in which an error or question of law (i) Regional Trial Courts;
is involved (ii) Civil Service Commission;
(iii) Central Board of Assessment
Note that the SC has held that appeals from Appeals;
quasi-judicial agencies – even only on a question (iv) NLRC and other Quasi-Judicial
of law alone – may be brought to the CA, via Rule Agencies
43 of the Rules of Court. This constitutes an NOTE: That, although there is
exception to the general rule that appeals on concurrent jurisdiction as the 1987
pure questions of law are brought to the SC. Constitution grants this to the SC, SC
[Santos v. Committee on Claims Settlement, G.R. A.M. No. 07-7-12 issued on 4
No. 158071 (2009)] December 2007 provides that if the
petition involves an act/omission of
The SC may resolve factual issues in certain
a Quasi-Judicial Agency, the petition
exceptional circumstances [Josefa v. Zhandong,
shall only be cognizable by the CA.
G.R. No. 150903 (2003)]
(b) Petitions for writ of kalikasan
(1) The conclusion is grounded on speculations,
surmises or conjectures (2) With SC and RTC
(2) The inference is manifestly mistaken, absurd (a) Petitions for certiorari, prohibition and
or impossible; mandamus against lower courts and
(3) There is grave abuse of discretion; bodies;
(4) The judgment is based on a misapprehension (b) Petitions for quo warranto;
of facts; (c) Petitions for writs of habeas corpus.
(5) The findings of fact are conflicting;
(6) There is no citation of specific evidence on (3) With SC, RTC and Sandiganbayan
which the factual findings are based; (a) Petitions for writ of amparo and habeas
(7) The finding of absence of facts is contradicted data.
by the presence of evidence on record;
(8) The findings of the CA are contrary to those of Exclusive Appellate Jurisdiction
the trial court; (1) By ordinary appeal:
(9) The CA manifestly overlooked certain relevant (a) From the RTC and the Family Courts
and undisputed facts that, if properly
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(b) Over decisions of the MTCs in cadastral or panlalawigan, and provincial


land registration cases pursuant to its treasurers, assessors, engineers, and
delegated jurisdiction other provincial department heads
(ii) City mayors, vice-mayors, members
(2) By petition for review: of the sangguniang panlungsod, city
(a) From judgments of the RTC rendered in its treasurers, assessors, engineers, and
appellate jurisdiction. other city department heads
(b) From decisions, resolutions, orders or (iii) Officials of the diplomatic service
awards of the Civil Service Commission and occupying the position of consul and
other bodies mentioned in R43; and higher
NOTE: The SC has clarified that the (iv) Philippine army and air force colonels,
enumeration of the quasi-judicial agencies naval captains, and all officers of
under Sec. 1, Rule 43 is not exclusive – the higher rank;
said Rule is meant to be applied to any (v) Officers of the Philippine National
quasi-judicial agency and not just those to Police while occupying the position of
those quasi-judicial agencies listed. [Wong provincial director and those holding
v. Wong, G.R. No. 180364 (2014), quoting the rank of senior superintendent and
Cayao-Lasam v. Sps. Ramolete, G.R. No. higher
159132 (2008)] (vi) City and provincial prosecutors and
(c) From decisions of the Office of the their assistants, and officials and
Ombudsman in administrative disciplinary prosecutors in the Office of the
cases. Ombudsman and special prosecutor;
(vii) Presidents, directors or trustees, or
managers of government-owned or
A.3 SANDIGANBAYAN [P.D. 1606, AS
controlled corporations, state
AMENDED BY R.A. 7975 AND R.A. 10660]
universities or educational
institutions or foundations.
Original Jurisdiction: (b) Members of Congress and officials thereof
(1) Violations of RA 3019, or the Anti-Graft and
classified as G-27 and up under RA 6758
Corrupt Practices Act (c) Members of the Judiciary without prejudice
(2) Violations of RA 1379, or the Anti-Ill-Gotten
to the provisions of the Constitution
Wealth Act (d) Chairmen and Members of the
(3) Sequestration cases, under Executive Order
Constitutional Commissions without
Nos. 1, 2, 14, and 14-A prejudice to the provisions of the
(4) Bribery (Chapter II, Sec. 2, Title VII, Book II,
Constitution
RPC) where one or more of the principal (e) All other national and local officials
accused are occupying the following positions classified as Grade 27 and higher under RA
in the government, whether in permanent, 6758
acting or interim capacity, at the time of the (5) Other offenses or felonies whether simple or
commission of the offense: complexed with other crimes committed by
(a) Officials of the executive branch occupying
the public officials and employees mentioned
the positions of regional director and in subsection a. of section 4 (as amended) in
higher, otherwise classified as Grade 27 relation to their office.
and higher, of the Compensation and (6) Civil and criminal cases filed pursuant to and
Position Classification Act of 1989 (RA in connection with EO Nos. 1, 2, 14-A (Sec. 4,
6758), specifically including: RA 8249)
(i) Provincial governors, vice-governors,
members of the sangguniang
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(7) Petitions for mandamus, prohibition,


certiorari, habeas corpus, inunctions, and Exclusive Original Jurisdiction
other ancillary writs and processes in aid of its (1) The subject matter of the action is incapable
appellate jurisdiction, and petitions of similar of pecuniary estimation [Sec. 19(1), BP 129]
nature, including quo warranto, arising or that
may arise in cases filed or which may be filed Test (Principal Nature of an Action): If it is
under Executive Order Nos. 1, 2, 14 and 14-A, primarily for the recovery of a sum of money, the
issued in 1986. claim is considered capable of pecuniary
estimation. On the other hand, where the basic
NOTE: Without the office, the crime cannot be issue is something other than the right to recover
committed. a sum of money, and the money claim is purely
incidental to, or a consequence of, the principal
NOTE: The RTC shall have Exclusive Original relief sought, such actions are cases where the
jurisdiction where the information – subject of the litigation is incapable of pecuniary
(1) Does not allege any damage to the estimation. [Heirs of Padilla v. Magdua, G.R. No.
government or any bribery; or, 176858 (2010), quoting Singson v. Isabela Sawmill,
(2) Alleges damage to the government or bribery G.R. No. L-27343 (1979)]
arising from the same or closely related
transactions or acts in an amount not An action to nullify a Deed of Assignment and
exceeding P1,000,000. Conveyance is not one involving a subject matter
incapable of pecuniary estimation if the plaintiff
Subject to rules promulgated by the SC – the also seeks to the transfer of possession and
cases falling under the jurisdiction of the RTC control of properties: In Home Guaranty v. R-II
shall be tried in a judicial region other than where Builders [G.R. No. 192649 (2011)], an action that
the official holds office. sought the nullification of a Deed of Assignment
and Conveyance was characterized by the
NOTE: Exclusive Original jurisdiction shall be respondent on an MR before the SC as one
vested in the proper RTC, MeTC, MTC, and MCTC, involving a subject matter incapable of pecuniary
as the case may be – where none of the accused estimation. The SC disagreed and held that since
are occupying positions corresponding to Salary the action was not solely for the annulment of the
Grade 27 or higher, or military and PNP officers Deed of Assignment and Conveyance – indeed,
mentioned above. the respondent consistently sought the transfer
of possession and control of properties –
Appellate Jurisdiction over final judgments, following the its ruling in Ruby Shelter Builders
resolutions or orders of the RTC whether in the and Realty Development Corp. v. Formaran III, G.R.
exercise of their original or appellate jurisdiction No. 175914 (2009), the subject of the action was
as provided. not incapable of pecuniary estimation.

Concurrent Original Jurisdiction with SC, CA, and However, if the principal nature of an action to
RTC for petitions for writs of habeas data and cancel a contract to sell, where the defendant has
amparo already taken possession of the property, involves
a determination on whether a suspensive
NOTE: The requisites that the offender occupies
condition has been fulfilled – then the subject
salary Grade 27 and the offense must be
matter involved is one that is incapable of
intimately connected with the official function pecuniary estimation: In Olivarez Realty v. Castillo
must concur for the SB to have jurisdiction
[G.R. No. 196251 (2014)], the action instituted in
the trial court was one for the cancellation of a
A.4 REGIONAL TRIAL COURTS
contract to sell, and prior to the institution of the
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action the defendant had already proceeded to


occupy the property involved. In this instance, the (3) If the amount involved exceeds P300,000
SC held that the action involved a subject matter outside Metro Manila or exceeds P400,000 in
that was incapable of pecuniary estimation. The Metro Manila in the following cases [BP 129,
difference in the ruling of the SC here and in as amended by RA 7691]:
Home Guaranty lies in that fact that in Olivarez (a) Actions in admiralty and maritime
Realty, what the plaintiff had principally sought jurisdiction, where the amount refers to
was a determination that a suspensive condition the demand or claim [Sec. 19(3)]
for the perfection of the contract had not been (b) Matters of probate (testate or intestate),
fulfilled: “the trial court principally determined where the amount refers to the gross
whether Olivarez Realty Corporation failed to pay value of the estate [Sec. 19(4)]
installments of the property’s purchase price as (c) Other actions involving personal property,
the parties agreed upon in the deed of where the amount refers to the value of
conditional sale. The principal nature of Castillo’s the property
action, therefore, is incapable of pecuniary (d) Demand for money, where the amount
estimation.” refers to the demand exclusive of interest,
damages of whatever kind, attorney’s fees,
SEE ALSO: Heirs of Bautista v. Lindo [G.R. No. litigation expenses and costs [Sec. 19(8)].
208232 (2014)], where an action to redeem a land
subject of a free patent was characterized by the The exclusion of “damages of whatever kind”
SC as one whose subject matter was incapable of applies to cases where the damages are merely
pecuniary estimation since the reacquisition of incidental to or a consequence of the main cause
the land was merely incidental to and an offshoot of action. However, if the claim for damages is the
of the exercise of the right to redeem the land, main cause of action, or one of the causes of
pursuant to Sec. 119 of CA 141. action, the amount of such claim shall be
considered [Admin Circ. No. 09-94]
This also includes expropriation proceedings,
which are considered incapable of pecuniary (4) All actions involving the contract of marriage
estimation. [Barangay San Roque v. Heirs of and family relation [Sec. 19(5), BP 129], and all
Francisco Pastor, G.R. No. 138896 (2000)] civil actions falling within the exclusive
original jurisdiction of the Juvenile and
(2) Civil actions involving title to, or possession of
Domestic Relations Court and of the Court of
real property, or any interest therein, where
Agrarian Reform [Sec. 19(7), BP 129]
assessed value exceeds P20,000 outside
Metro Manila, or exceeds P50,000 in Metro See Jurisdiction of Family Courts, infra.
Manila [Sec. 19(2), BP 129]
In areas where there are no Family Courts, the
EXCEPTION: Forcible entry and unlawful cases within their jurisdiction shall be
detainer cases [Sec. 33(2), BP 129] adjudicated by the RTC [Sec. 17, RA 8369]

An action "involving title to real property" means (5) All cases not within the exclusive jurisdiction
that the plaintiff's cause of action is based on a of any court, tribunal, person, or body
claim that he owns such property or that he has exercising judicial or quasi-judicial functions
the legal rights to have exclusive control, (General Original Jurisdiction) [Sec. 19(6), BP
possession, enjoyment, or disposition of the same. 129]
Title is the "legal link between (1) a person who
owns property and (2) the property itself." [Heirs
of Sebe v. Heirs of Sevilla, G.R. No. 174497 (2009)]

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(6) Jurisdiction to Hear and Decide Intra- (a) Petitions for certiorari, prohibition and
Corporate Controversies [Sec. 52, Securities mandamus against lower courts and
and Regulations Code] bodies;
(a) Cases involving devises or schemes (b) Petitions for quo warranto;
employed by or any acts, of the board of (c) Petitions for writs of habeas corpus.
directors, business associates, its officers (3) With SC, CA and Sandiganbayan
or partnership, amounting to fraud and (a) Petitions for writ of amparo and habeas
misrepresentation which may be data.
detrimental to the interest of the public (4) With Insurance Commissioner for claims not
and/or of the stockholders, partners, exceeding P100,000
members of associations or organizations
registered with the SEC Appellate Jurisdiction over cases decided by lower
(b) Controversies arising out of intra-corporate courts in their respective territorial jurisdictions,
or partnership relations, between and except those made in the exercise of delegated
among stockholders, members or jurisdiction, which are appealable in the same
associates; between any or all of them and manner as decisions of the RTC [Sec. 34, BP 129,
the corporation, partnership or association as amended].
of which they are stockholders, members
or associates, respectively; and between Special Jurisdiction - SC may designate certain
such corporation , partnership or branches of RTC to try exclusively criminal cases,
association and the state insofar as it juvenile and domestic relations cases, agrarian
concerns their individual franchise or right cases, urban land reform cases not falling within
to exist as such entity the jurisdiction of any quasi-judicial body and
(c) Controversies in the election or other special cases in the interest of justice.
appointments of directors, trustees,
A.5 FAMILY COURTS [RA 8369]
officers or managers of such corporations,
partnerships or associations (1) Criminal cases where one or more of the
(d) Petitions of corporations, partnerships or accused is below 18 or one or more of the
associations to be declared in the state of victims was a minor;
suspension of payments in cases where the (2) Petitions for guardianship, custody of children
corporation, partnership of association and habeas corpus involving children;
possesses sufficient property to cover all its (3) Petitions for adoption of children and the
debts but foresees the impossibility of revocation thereof;
meeting them when they respectively fall (4) Complaints for annulment of marriage,
due or in cases where the corporation, declaration of nullity of marriage and those
partnership of association has no sufficient relating to status and property relations of
assets to cover its liabilities, but is under husband and wife or those living together
the management of a Rehabilitation under different status and agreements, and
Receiver or Management Committee. petitions for dissolution of conjugal
partnership of gains;
(7) Petitions for Declaratory Relief [Sec. 1, Rule (5) Petitions for support and/or
63] acknowledgment;
(6) Summary judicial proceedings brought under
Concurrent Original Jurisdiction the provisions of the Family Code;
(1) With SC in cases affecting ambassadors, (7) Petitions for declaration of status of children
public ministers and consuls. as abandoned, dependent or neglected
(2) With SC and CA children, petitions for voluntary or involuntary
commitment of children, the suspension,
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termination or restoration of parental


authority and other cases cognizable under Special Jurisdiction over petition for writ of
PD 603, EO 56, s. 1986, and other related habeas corpus OR application for bail in criminal
laws; cases in the absence of all RTC judges in the
(8) Petitions for the constitution of the family province or city
home;
(9) Cases against minors cognizable under the Delegated Jurisdiction to hear and decide
Dangerous Drugs Act, as amended; cadastral and land registration cases where:
(10) Violations of RA 7610, or the Special (1) There is no controversy over the land
Protection of Children Against Child Abuse, (2) In case of contested lands, the value does not
Exploitation and Discrimination Act; and exceed P100, 000:
(11) Cases of domestic violence against (a) The value is to be ascertained:
Women and Children (i) By the claimant’s affidavit
(ii) By agreement of the respective
A.6 METROPOLITAN TRIAL COURTS/ claimants, if there are more than one
MUNICIPAL TRIAL COURTS (iii) From the corresponding tax
declaration of the real property
Exclusive Original Jurisdiction
(1) If the amount involved does not exceed NOTE: MTC decisions in cadastral and land
P300,000 outside Metro Manila or does not registration cases are appealable in the same
exceed P400,000 in Metro Manila in the manner as RTC decisions
following cases:
1st level courts:
(a) Actions in admiralty and maritime
(a) Metropolitan Trial Court – Metro Manila;
jurisdiction;
(b) Municipal Trial Courts in Cities – situated in
(b) Matters of probate (testate or intestate);
cities
(c) Other actions involving personal property;
(c) Municipal Circuit Trial Court – composed of
(d) Demand for money;
multi-sala
(2) Actions involving title to, or possession of, real
(d) Municipal Trial Courts – in one municipality
property, or any interest therein where the
assessed value of the property or interest
A.7 SHARI’A COURTS
therein does not exceed P20,000 outside
Metro Manila or does not exceed P50,000 in
Metro Manila Exclusive Original Jurisdiction of Shari’a District
Courts
(3) Inclusion and exclusion of voters
(1) All cases involving custody, guardianship,
(4) Those governed by the Rules on Summary
legitimacy, paternity and filiation arising
Procedure
(5) Forcible entry and unlawful detainer (FEUD)
under the Code of Muslim Personal Laws;
(2) All cases involving disposition, distribution
(a) With jurisdiction to resolve issue of
and settlement of estate of deceased Muslims,
ownership to determine ONLY issue of
possession (provisional only) probate of wills, issuance of letters of
administration of appointment administrators
(b) Irrespective of the amount of damages or
or executors regardless of the nature or
unpaid rentals sought to be recover
(c) Where attorney’s fees are awarded, the
aggregate value of the property;
(3) Petitions for the declaration of absence and
same shall not exceed P20,000
(6) Other civil cases, except probate proceeding,
death for the cancellation and correction of
where the total amount of the plaintiff’s claim entries in the Muslim Registries;
does not exceed P200,000 in MM, exclusive of (4) All actions arising from the customary
interests and costs. contracts in which the parties are Muslims, if
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they have not specified which law shall govern Council to settle certain cases amicably and
their relations; and without formal trial. The Council is composed of
(5) All petitions for mandamus, prohibition, the Clerk of Court as Chairperson and a
representative of each of the conflicting parties
injunction, certiorari, habeas corpus and all
other auxiliary writs and processes in aid of its A.8 COURT OF TAX APPEALS
appellate jurisdiction
UNDER RA 9282 and RULE 5, AM 05-11-07 CTA
Concurrent Jurisdiction of Shari’a District Courts
The Shari’a courts shall have original jurisdiction Exclusive Appellate Jurisdiction:
concurrently with existing civil courts for: (1) Decisions of Commissioner of Internal
(1) Petitions of Muslim for the constitution of the Revenue in cases involving disputed
family home, change of name and assessments, refunds of internal revenue
commitment of an insane person to an taxes, fees or other charges, penalties in
asylum; relation thereto, or other matters arising
(2) All other personal and legal actions not under the NIRC or other laws administered by
mentioned in par. (d) of the immediately BIR;
preceding topic, wherein the parties involved (2) Inaction by CIR in the above-mentioned cases,
are Muslims where the NIRC or other applicable law
Exception: those for forcible entry and provides a specific period of action, in which
unlawful detainer, which shall fall under the case the inaction shall be deemed an implied
exclusive jurisdiction of the MTC. denial;
(3) All special civil actions for interpleader or (3) Decisions, orders or resolutions of the RTCs in
declaratory relief wherein the parties are local taxes originally decided or resolved by
Muslims or the property involved belongs them in the exercise of their original or
exclusively to Muslims appellate jurisdiction;
(4) Decisions of the Commissioner of Customs in
Appellate Jurisdiction of Shari’a District Courts cases involving liability for customs duties,
Such courts have appellate jurisdiction over all fees or other charges, seizure, detention or
cases tried in the Shari’a Circuit Courts within release of property affected, fines, forfeitures
their territorial jurisdiction. or other penalties in relation thereto, or other
matters arising under the Customs law or
Exclusive Original Jurisdiction of Shari’a Circuit other laws administered by BOC;
Courts (5) Decisions of the Central Board of Assessment
(1) Offenses defined and punished under PD 1083 Appeals in the exercise of its appellate
(2) Disputes relating to: jurisdiction over cases involving the
(a) Marriage; assessment and taxation of real property
(b) Divorce under PD 1083; originally decided by the provincial or city
(c) Betrothal or breach of contract to marry; board of assessment appeals;
(d) Customary dowry (mahr); (6) Decision of the Secretary of Finance on
(e) Disposition and distribution of property customs cases elevated to him automatically
upon divorce; for review from decisions of the Commissioner
(f) Maintenance and support and consolatory of Customs which are adverse to the
gifts (mut’a); and government under Sec. 2315 of the Tariff and
(g) Restitution of marital rights Customs Code;
(3) Disputes relative to communal properties (7) Decisions of Secretary of Trade and Industry in
the case of non-agricultural articles, and the
The Shari’a District Court or the Shari’a Circuit Secretary of Agriculture in the case of
Court may constitute an Agama Arbitration agricultural articles, involving dumping duties
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and countervailing duties under Secs. 301 and the MeTCs, MTCs and MCTCs in their
302, respectively, of the Tariff and Customs respective jurisdiction.
Code, and safeguard measures under RA
8800, where either party may appeal the B. JURISDICTION OVER THE PARTIES
decision to impose or not to impose said A Court must acquire jurisdiction over the
duties. persons of indispensable parties before it can
validly pronounce judgments personal to the
Exclusive Original Jurisdiction parties. [Regner v. Logarta, G.R. No. 168747
(1) In tax collection cases involving final and (2007)]
executory assessments for taxes, fees, charges
and penalties, where the principal amount of The manner by which the court acquires
taxes and fees claimed, exclusive of charges jurisdiction over the parties depends on whether
and penalties, at least P1M. the party is the plaintiff or the defendant.
(2) Over all criminal cases arising from violation
of the NIRC and the TCC and other laws, part B.1 JURISDICTION OVER THE PLAINTIFFS
of laws, or special laws administered by the Courts acquire jurisdiction over a party plaintiff
BIR or the BOC where the principal amount of upon the filing of the complaint. [Regner v.
taxes and fees, exclusive of charges and Logarta, G.R. No. 168747 (2007)]
penalties claimed is less than P1M or where
there is no specified amount claimed (the B.2 JURISDICTION OVER THE DEFENDANTS
offenses or penalties shall be tried by the
Jurisdiction over the person of the defendant is
regular courts and the jurisdiction of the CTA
acquired:
shall be appellate);
(1) By his voluntary appearance in court and his
submission to its authority; or
Exclusive Appellate Jurisdiction
(2) By service of summons. [Sec. 20, Rule 14;
(1) In criminal offenses
Macasaet v. Co, G.R. No. 156759 (2013)]
(a) Over appeals from the judgment,
resolutions or orders of the RTC in tax Jurisdiction over the person of the defendant is
cases originally decided by them, in their necessary for the court to validly try and decide a
respective territorial jurisdiction, and case only in an action in personam. It is not a
(b) Over petitions for review of the judgments, prerequisite in an action in rem or quasi in rem,
resolutions or orders of the RTC in the provided that the court acquires jurisdiction over
exercise of their appellate jurisdiction over the res. [Alba v. CA, G.R. No. 164041 (2005)]
tax cases originally decided by the MeTCs,
MTCs, and MCTCs in their respective An objection to jurisdiction over the person of the
jurisdiction. defendant may be raised as a ground in a Motion
(2) In tax collection cases to Dismiss [Sec. 1(a), Rule 16] or as an affirmative
(a) Over appeals from the judgments, defense in an Answer [Sec. 6, Rule 16].
resolutions or orders of the RTC in tax
collection cases originally decided by them However, if not raised in such Motion or Answer,
in their respective territorial jurisdiction; it is deemed waived. It is not one of those
and defenses not deemed waived under Section 1,
(b) Over petitions for review of the judgments, Rule 9. [Boston Equity Resources, Inc. v. CA, G.R.
resolutions or orders of the RTC in the No. 173946 (2013)]
exercise of their appellate jurisdiction over
tax collection cases originally decided by
C. JURISDICTION OVER THE SUBJECT
MATTER
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NOTE: Sec. 8, Rule 40


C.1 MEANING OF JURISDICTION OVER THE allows an RTC with
SUBJECT MATTER original jurisdiction
Jurisdiction over the subject matter is the power of over a case brought on
a particular court to hear the type of case that is appeal from a lower
then before it [Riano citing Black’s Law Dictionary] court to decide the
case on the merits.
It is the power to hear and determine cases of the Ground for reversal
general class to which the proceedings in Renders a judgment only if it is shown that
question belong. [Reyes v. Diaz, G.R. No. L-48754 void or voidable. prejudice has been
(1941)] caused.

C.2 JURISDICTION VERSUS THE EXERCISE OF C.4 HOW JURISDICTION IS CONFERRED AND
JURISDICTION DETERMINED
Jurisdiction refers to the power or authority of the [Medical Plaza Makati Condominium v. Cullen,
court. [Arranza v. BF Homes, G.R. No. 131683 G.R. No. 181416 (2013)]
(2000)] while the exercise of this power or Jurisdiction over the subject matter of a case is
authority is the exercise of jurisdiction. conferred by law and determined by the
allegations in the complaint which comprise a
Jurisdiction is not the same as the exercise of concise statement of the ultimate facts
jurisdiction. As distinguished from the exercise of constituting the plaintiff's cause of action. [City of
jurisdiction, jurisdiction is the authority to decide Dumaguete v. PPA, G.R. No. 168973 (2011)]
a cause, and not the decision rendered therein.
Where there is jurisdiction over the person and Jurisdiction over the subject matter is conferred
the subject matter, the decision on all other only by the Constitution or law, it cannot be:
questions arising in the case is but an exercise of (1) Fixed by the will of the parties;
the jurisdiction. And the errors which the court (2) Acquired, waived, enlarged, or diminished by
may commit in the exercise of jurisdiction are any act or omission of the parties; or
merely errors of judgment which are the proper (3) Conferred by the acquiescence of the courts.
subject of an appeal. [Tolentino v. Leviste, G.R. No. [De Jesus v. Garcia, G.R. No. L-26816 (1967)]
156118 (2004)] (4) Subject to compromise [Art. 2035(5), Civil
Code]
C.3 ERROR OF JURISDICTION AS
DISTINGUISHED FROM ERROR OF JUDGMENT Generally, the jurisdiction of a court is
determined by the statute in force at the
Error of jurisdiction Error of judgment
commencement of the action, unless such
One which the court
One where the act statute provides for its retroactive application.
may commit in the
complained of was (1) [Baritua v. Mercader, G.R. No. 136048 (2001)]
exercise of its
without jurisdiction, in
jurisdiction. It
excess of jurisdiction, Once vested by the allegations in the complaint,
includes errors of
or with grave abuse of jurisdiction also remains vested irrespective of
procedure or
discretion amounting whether or not the plaintiff is entitled to recover
mistakes in the
to lack of jurisdiction. upon all or some of the claims asserted therein.
court’s findings.
[City of Dumaguete v. PPA, G.R. No. 168973
Correctible only by the
(2011)]
extraordinary writ of Correctible by
certiorari. appeal. Jurisdiction is not affected by the pleas set up by
the defendant in his answer or in a motion to
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dismiss, otherwise, jurisdiction would be (6) Where judicial intervention is urgent;


dependent on his whims. [Sindico v. Diaz, G.R. No. (7) When its application may cause great
147444 (2004)] and irreparable damage;
(8) Where the controverted acts violate due
NOTE: The MTCC does not lost jurisdiction over process;
ejectment cases by mere allegation of a tenancy (9) When the issue of non-exhaustion of
relationship. However, if after hearing, tenancy administrative remedies has been
had in fact been shown to be the real issue, the rendered moot;
court should dismiss the case for lack of (10) When there is no other plain, speedy,
jurisdiction. [Hilado v. Chavez, G.R. No. 134742 adequate remedy;
(2004)] (11) When strong public interest is involved;
and
Doctrine of Primary Jurisdiction (12) In quo warranto proceedings. [Province of
The doctrine of primary jurisdiction holds that if a Aklan v. Jody King Construction and Dev’t
case is such that its determination requires the Corp., G.R. No. 197592 (2013)]
expertise, specialized training and knowledge of
the proper administrative bodies, relief must first C.5 DOCTRINE OF ADHERENCE OF
be obtained in an administrative proceeding JURISDICTION
before a remedy is supplied by the courts even if
Also known as doctrine of continuity of jurisdiction
the matter may well be within their proper
jurisdiction. [Province of Aklan v. Jody King Once the jurisdiction of a court attaches, it
Construction and Dev’t Corp., G.R. No. 197592 continues until the case is finally terminated. The
(2013)] trial court cannot be ousted therefrom by
subsequent happenings or events, although of a
The objective of the doctrine of primary
character that would have prevented jurisdiction
jurisdiction is to guide the court in determining
from attaching in the first instance. [Baritua v.
whether it should refrain from exercising its
Mercader, G.R. No. 136048 (2001)]
jurisdiction until after an administrative agency
has determined some question or some aspect of As a consequence, jurisdiction is not affected by a
some question arising in the proceeding before new law placing a proceeding under the
the court. [Province of Aklan v. Jody King jurisdiction of another tribunal, except:
Construction and Dev’t Corp., G.R. No. 197592 (1) Where there is an express provision in the
(2013)] statute
(2) The statute is clearly intended to apply to
Exceptions:
actions pending before its enactment. [People
(1) Where there is estoppel on the part of the
v. Cawaling, G.R. No. 117970 (1998)]
party invoking the doctrine;
(2) Where the challenged administrative act C.6 OBJECTIONS TO JURISDICTION OVER THE
is patently illegal, amounting to lack of SUBJECT MATTER
jurisdiction;
When it appears from the pleadings or evidence
(3) Where there is unreasonable delay or
on record that the court has no jurisdiction over
official inaction that will irretrievably
the subject matter, the court shall dismiss the
prejudice the complainant;
same. [Sec. 1, Rule 9]
(4) Where the amount involved is relatively
small; The Court ex mero motu may take cognizance of
(5) Where the question involved is purely lack of jurisdiction at any point in the case where
legal and will ultimately have to be the fact is developed. The court has a clearly
decided by the courts; recognized right to determine its own jurisdiction
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in any proceeding. [Fabian v. Desierto, G.R. No. to that in the aforementioned case. [Figueroa v.
129742 (1998)]. People, G.R. No. 147406 (2008)]

The earliest opportunity of a party to raise the D. JURISDICTION OVER THE ISSUES
issue of jurisdiction is in a motion to dismiss filed
An issue is a disputed point or question to which
before the filing or service of an answer. Lack of
parties to an action have narrowed down their
jurisdiction over subject matter is a ground for a
several allegations and upon which they are
motion to dismiss. [Sec. 1(b), Rule 16]
desirous of obtaining a decision.
If no motion is filed, the defense of lack of
The SC had occasion to note that in some
jurisdiction may be raised as an affirmative
instances it has been held that the court must
defense in the answer. [Sec. 16(6), Rule 16].
also have jurisdiction over the issues – that is, the
When the court dismisses the complaint for lack issue being tried and decided by the court be
of jurisdiction over subject matter, it is submitted within the issues raised in the pleadings [Reyes v.
that the court should not remand the case to Diaz, G.R. No. L-48754 (1941)]
another court with the proper jurisdiction. Its only
Generally, jurisdiction over the issues is conferred
has authority to dismiss and not to make any
and determined:
other order. [Riano]
(1) by the pleadings of the parties, which present
C.7 EFFECT OF ESTOPPEL ON OBJECTIONS TO the issues to be tried and determine whether
JURISDICTION or not the issues are of fact or law [Reyes v.
Diaz, G.R. No. L-48754 (1941)];
GENERAL RULE: Jurisdiction over the subject (2) by stipulation of the parties as when, in the
matter may be raised at any stage of the pre-trial, the parties enter into stipulations of
proceedings, even for the first time on appeal. facts or enter into agreement simplifying the
The reason for this is that jurisdiction is conferred issues of the case [Sec. 2, Rule 18];
by law, and lack of it affects the very authority of (3) by waiver or failure to object to evidence on a
the court to take cognizance of the action. matter not raised in the pleadings. Here the
[Asiatrust Development Bank v First Aikka parties try with their express or implied
Development, Inc., G.R. No. 179558 (2011)] consent or issues not raised by the pleadings.
[Sec. 5, Rule 10]
EXCEPTION: Tijam v. Sibonghanoy [G.R. No. L-
21450 (1968)] espoused the doctrine of estoppel E. JURISDICTION OVER THE RES OR
by laches, which held that a party may be barred PROPERTY IN LITIGATION
from questioning a court’s jurisdiction after “Res,” in civil law is a “thing” or “object.” It is
invoking the court’s authority in order to secure everything that may form an object of rights as
affirmative relief against its opponent, when opposed to a “persona,” which is the subject of
laches would prevent the issue of lack of rights. It includes object, subject matter or status.
jurisdiction from being raised for the first time on [Riano citing Black’s Law Dictionary]
appeal by a litigant whose purpose is to annul
everything done in a trial in which it has actively Jurisdiction over the res refers to the court’s
participated. [Francel Realty Corp. v. Sycip, G.R. jurisdiction over the thing or the property which is
No. 154684 (2005)] the subject of the action.

NOTE: Tijam must be construed as an exception Jurisdiction over the res may be acquired:
to the general rule and applied only in the most
exceptional cases whose factual milieu is similar
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(1) By seizure of the thing under legal process money claim covered by this Rule pursuant to
whereby, it is brought into actual custody of Sec. 417 of the LGC.
the law (custodia legis); or,
(2) From the institution of legal proceedings F.2 CASES COVERED BY RULES ON SUMMARY
wherein, under special provisions of law, the PROCEDURE
power of the court over the property is
recognized and made effective (potential Civil Cases subject to Summary Procedure
jurisdiction over the res). [Biaco v. Philippine (1) All cases of forcible entry and unlawful
Countryside Rural Bank, G.R. No. 161417 detainer (FEUD), irrespective of the amount of
(2007); El Banco Español-Filipino v. Palanca, damages or unpaid rentals sought to be
G.R. No. L-11390 (1918)] recovered; and
(2) All other cases, except probate proceedings
As early as Perkins v. Dizon [G.R. No. 46631 where the total amount of the plaintiff‘s claim
(1939)], the Court held: “In order that the court does not exceed P100,000 (outside Metro
may exercise power over the res, it is not Manila) or P200,000 (in Metro Manila),
necessary that the court should take actual exclusive of interest and costs.
custody of the property, potential custody thereof
being sufficient. There is potential custody when, Probate proceedings are not covered by the Rule
from the nature of the action brought, the power on Summary Procedure even if the gross value of
of the court over the property is impliedly the estate does not exceed the above-mentioned
recognized by law.” [Marcos, Jr. v. Republic, G.R. amounts.
No. 189434 (2014)]
Prohibited Pleadings
F. JURISDICTON OVER SMALL CLAIMS, [Sec. 19, 1991 Revised Rule on Summary
CASES COVERED BY THE RULES ON Procedure]
SUMMARY PROCEDURE, AND BARANGAY (1) Motion to dismiss the compliant except on the
CONCILIATION ground of
F.1 JURISDICTION OVER SMALL CLAIMS (a) Failure to comply with barangay
conciliation proceedings; or
MTCs, MeTCs and MCTCs shall have jurisdiction (b) Lack of jurisdiction over the subject matter
over actions for payment of money where the
(2) Motion for a bill of particulars;
value of the claim does not exceed P200,000
(3) Motion for new trial, or for reconsideration of
exclusive of interest and costs [Sec. 2, AM 08-8-
a judgment, or for reopening of trial;
7-SC, February 1, 2016].
(4) Petition for relief from judgment;
(5) Motion for extension of time to file pleadings,
Applicability [Sec. 2, AM 08-8-7-SC, February 1,
affidavits, or any other paper;
2016]: all actions which are purely civil in nature,
(6) Memoranda;
where the claim or relief prayed for by the plaintiff
(7) Petition for certiorari, mandamus, or
is solely for payment or reimbursement of sum of
prohibition against any interlocutory order
money.
issued by the court;
The claim or demand may be: (8) Motion to declare the defendant in default;
(1) For money owed under a contract of lease, (9) Dilatory motions for postponement;
loan, services, sale, or mortgage (10) Reply;
(2) For liquidated damages arising from (11) Third-party complaints; and
contracts; (12) Interventions.
(3) The enforcement of a barangay amicable
F.3 CASES COVERED BY BARANGAY
settlement or an arbitration award involving a CONCILIATION
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The Lupon of each barangay shall have the (d) Where the action may be barred by statute
authority to bring together the parties actually of limitation
residing in the same municipality or city for (10) Labor disputes or controversies arising
amicable settlement of all disputes. from employer-employee relationship
(11)Where the dispute arises from the CARL
EXCEPT: (12) Actions to annul judgment upon a
(1) Where one party is the government or any compromise which can be directly filed in
subdivision or instrumentality thereof court.
(2) Where one party is a public officer or employee,
and the dispute relates to the performance of NOTE: It is a condition precedent under Rule 16;
his official functions can be dismissed but without prejudice
(3) Offenses punishable by imprisonment
exceeding one (1) year or a fine exceeding G. TOTALITY RULE
P5,000 Where there are several claims or causes of
(4) Offenses where there is no private offended actions between the same or different parties,
party embodied in the same complaint, the amount of
(5) Where the dispute involves real properties the demand shall be the totality of the claims in
located in different cities or municipalities all the claims of action, irrespective of whether
unless the parties thereto agree to submit the causes of action arose out of the same or
their differences to amicable settlement by an different transactions [Sec. 33[1], BP 129].
appropriate lupon
(6) Disputes involving parties who actually reside
in barangays of different cities or III. CIVIL PROCEDURE
municipalities, except where such barangay A. ACTIONS
units adjoin each other and the parties thereto
Civil action
agree to submit their differences to amicable One by which a party sues another for the
settlement by an appropriate lupon enforcement or protection of a right or the
(7) Such other classes of disputes which the prevention or redress of a wrong [Sec. 3 (a), par.
President may determine in the interest of 1, Rule 1];
justice or upon the recommendation of the
Secretary of Justice A formal demand of one's right in a court of
justice in the manner prescribed by the court or
(8) Any complaint by or against corporations, by the law. It is the method of applying legal
partnerships, or juridical entities. The reason remedies according to definite established
is that only individuals shall be parties to rules. [Natcher vs Court of Appeals, G.R. No.
barangay conciliation proceedings either as 133000 (2001)]
complainants or respondents
(9) Disputes where urgent legal action is A legal and formal demand of one’s right from
another person made and insisted upon in a court
necessary to prevent injustice from being
of justice. The determinative operative act, which
committed or further continued, specifically: converts a claim into an action, is its filing with a
(a) A criminal case where the accused is under court of justice. [Riano]
police custody or detention
(b) A petition for habeas corpus by a person IN GENERAL: KINDS OF CIVIL ACTIONS
illegally detained or deprived of his liberty (1) As to place [See 3.1.6]
or one acting in his behalf (a) Transitory – action founded on privity of
(c) Actions coupled with provisional remedies, contract between parties; brought in the
such as preliminary injunction, attachment, place where the party resides
replevin and support pendente lite

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(b) Local - action founded on privity of estate


only and there is no privity of contract; Special civil action
brought in a particular place One which is subject to the specific rules
prescribed for a special civil action but also
(2) As to object [See 3.1.7] governed by the rules for ordinary civil actions
(a) Action in rem
[Sec. 3(a), par. 2, Rule 1]
(b) Action quasi in rem
(c) Action in personam
Rule 62 to Rule 71 provide for special civil actions.
(3) As to foundation [See 3.1.5] However, despite having particular rules which
(a) Real govern the special civil actions, the rules for
(b) Personal ordinary civil action still apply.

A.1 MEANING OF ORDINARY CIVIL ACTIONS There are 10 special civil actions: [Please refer to
3.21 of the Bar Syllabus]
Ordinary civil action (1) Interpleader - Rule 62
One which is governed by the rules for ordinary (2) Declaratory Relief and Similar Remedies -
civil actions [Sec. 3(a), par. 2, Rule 1] Rule 63
(3) Review of Judgments and Final Orders or
Resolutions of COMELEC and COA - Rule 64
Rules for Ordinary Civil Actions refer to Rule 2 (4) Certiorari, Prohibition and Mandamus - Rule
(Cause of Action) until Rule 61 (Provisional 65
Remedies). (5) Quo Warranto - Rule 66
(6) Expropriation - Rule 67
(7) Foreclosure of Real Estate Mortgage - Rule 68
• General Rules on Ordinary Civil Action - Rule 2
to Rule 5 (8) Partition - Rule 69
(9) Forcible Entry and Unlawful Detainer - Rule
• Procedure in Regional Trial Courts - Rule 6 to 70
Rule 39 (10) Contempt - Rule 71
• Appeals - Rule 40 to Rule 43
• Procedure in the Court of Appeals - Rule 44 to A.3 MEANING OF CRIMINAL ACTIONS
Rule 55
• Procedure in the Supreme Court - Rule 56 Criminal action
• Provisional Remedies - Rule 57 to Rule 61 One by which the State prosecutes a person for
an act or omission punishable by law [Sec. 3(b),
However, there are cases to which Rules on Rule 1]
Ordinary Civil Actions do not apply and these
include: A.4 CIVIL ACTION VERSUS SPECIAL
(1) Election Cases PROCEEDINGS
(2) Land Registration
(3) Cadastral Proceedings
(4) Naturalization Proceedings Civil Action
(5) Insolvency Proceedings One by which a party sues another for the
(6) and other cases not herein provided for enforcement or protection of a right, or the
prevention or redress of a wrong. [Sec. 3(a), par.
The Rules on Ordinary Civil Actions will only 1, Rule 1]
apply:
a. by analogy or in a suppletory character; and Special Proceeding
b. whenever practicable and convenient. [Sec. 4. Remedy by which a party seeks to establish a
Rule 1] status, a right, or a particular fact. [Sec. 3(c), Rule
1]
A.2 MEANING OF SPECIAL CIVIL ACTIONS
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United Coconut Planters Bank, G.R. No. 156187


Action (2004)]
Special Proceeding

As to Parties A real action is ‘local,’ i.e. its venue depends upon


the location of the property involved in the
Involves at
litigation. least
[Sec. 1, 1Rule
party4;or 2 or
BPI more
v. Hontanosas, G.R.
Involves at least 2 parties
parties in proper
No. 157163 (2014)] cases

As to cause of action
Not every action involving real property is a real
Involves a right and a violation of such right by the action
Does not involve the violation of a right, instead is
defendant, which causes some damage or prejudice Not concerned with the
every action establishment
involving of a right
real property (or of a
is a real
upon the plaintiff statusbecause
action or a particular fact)may only be incidental
the realty
to the subject matter of the suit.
As to formalities

Requires the application of legal remedies in InRequires the cases


noofsuch
Heirsformalities,
of Bautistaas vsitLindo, G.R. No.
accordance with the prescribed rules 208232
may be granted upon applicationvs Castillo, G.R.
(2014) and Olivarez Realty
No. 196251 (2014), SC held that the conveyance of
As to governing rules real property was only incidental to the
determination
Special rules ofof matters
procedure,incapable
but in ofthe
pecuniary
absence of
estimation. The cases were deemed personal
special provisions, the rules provided for in ordinary
Ordinary rules of procedure actions
actionsbecause
shall be,the principal
as far action or[Sec.
as practicable remedy
2, Rule
sought
72] does not involve title to or possession of
real property. The case of Heirs of Bautista
As to appeal from an Interlocutory Order involved a complaint to redeem a land subject of
a free patent and the case of Olivarez involved an
action for rescission of contract involving real
Cannot be directly and immediately appealed to the property.
Can be immediately and directly appealed to the
appellate court until after final judgment on the merits appellate court, when allowed b
Personal Action
It refers to all other actions which does not affect
title to or possession of real property or interest
A.5 PERSONAL ACTIONS AND REAL ACTIONS therein are personal action. [Sec. 2, Rule 4]

Why Distinction Is Important However, the Supreme Court in the case of Go vs


The distinction is important for purposes of United Coconut Planters Bank, G.R. No. 156187
determining venue: The question whether or not (2004), was more specific and enumerated cases
venue has been properly laid depends to a great which are considered personal actions:
extent on the kind of action (real or personal) (1) recovery of personal property
presented by the Complaint. [PICOP v. Samson, (2) enforcement of a contract
G.R. No. L-30175 (1975)] (3) recovery of damages for breach of contract
(4) recovery of damages for damage to person or
property
Real Action
It is an action affecting title to or possession of
A personal action is ‘transitory,’ i.e. its venue
real property, or interest therein. [See Sec. 1, Rule
depends upon the residence of the plaintiff or of
4]
the defendant, at the option of the plaintiff. [Sec.
Examples: partition or condemnation of, or
2, Rule 4; BPI v. Hontanosas, G.R. No. 157163
foreclosure of mortgage on, real property. [Go vs
(2014)]

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A.6 LOCAL AND TRANSITORY ACTIONS But if there is no privity of contract and the action
is founded on privity of estate only, such as a
covenant that runs with the land in the hands of
Local action Transitory action
remote grantees, then the action is local and
Transitory Action is must be brought in the place where the land lies.
Local Action is one one which may be [De la Cruz v. El Seminario de la Archidiocesis de
which has to be filed in filed in the residence Manila, G.R. No. L-5402 (1911)]
the place where the of the plaintiff or
property is located. defendant, at the A.7 ACTIONS IN REM, IN PERSONAM, AND
QUASI IN REM
[Sec.1, Rule 4] option of the plaintiff.
[Sec. 2, Rule 4]
Why Distinction Is Important
One that could be One that could be To determine the binding effect of a decision the
instituted in one prosecuted in any one court may render over a party, whether
specific place [Manila of several places impleaded or not. [Paderanga vs Buissan, GR. No.
Railroad v. Attorney- [Manila Railroad v. 49475 (1993)]
General, G.R. No. L- Attorney-General, G.R.
6287 (1911)] No. L-6287 (1911)] To determine whether or not jurisdiction over the
Real Action (ie. Action Personal Action (ie. person of the defendant is required, and the type
to recover real Action to recover sum of summons to be employed. [Riano]
property) of money)
Action in Rem
Founded on privity of Founded on privity of As to definition: it is an action against the thing or
estates contract res itself, instead of against the person.
[Hernandez v. Rural Bank of Lucena, Inc. G.R. No.
Its venue depends L-29791, (1978)]
Venue depends upon upon the residence of
the location of the the plaintiff or of the As to binding effect of decision: the decision is
property involved in defendant, at the binding as against the whole world. [Paderanga
the litigation [BPI v. option of the plaintiff vs Buissan, GR. No. 49475 (1993)]
Hontanosas, G.R. No. [BPI v. Hontanosas,
157163 (2014)] G.R. No. 157163 As to whether jurisdiction over the person is
(2014)] required: jurisdiction over the person of the
defendant is not a prerequisite to confer
jurisdiction on the court, provided that the latter
Why Distinction Is Important has jurisdiction over the res. [Lucas vs Lucas, G.R.
The determination of whether an action is local or No. 190710 (2011)]
transitory is necessary to determine the proper
venue of the action.[Sec.1, Rule 4 in relation to As to how jurisdiction is acquired: jurisdiction over
Sec. 2, Rule 4] the res is acquired either (a) by the seizure of the
property under legal process, whereby it is
Basis of Distinction brought into actual custody of the law, or (b) as a
If action is founded on privity of contract between result of the institution of legal proceedings, in
parties, then the action is transitory. [De la Cruz v. which the power of the court is recognized and
El Seminario de la Archidiocesis de Manila, G.R. made effective. [Lucas vs Lucas, G.R. No. 190710
No. L-5402 (1911)] (2011)]

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Examples: petition for adoption, annulment of result of the institution of legal proceedings, in
marriage, or correction of entries in the birth which the power of the court is recognized and
certificate [Lucas vs Lucas, G.R. No. 190710 (2011)] made effective. [Lucas vs Lucas, G.R. No. 190710
(2011)]
Action in Personam
As to definition: one which seeks to enforce Example: Quieting of Title
personal rights and obligations brought against
the person. Its purpose is to impose, through the ACTIONS IN REM, IN PERSONAM, AND QUASI IN
judgment of the court, some liability directly REM
upon the person of the defendant. [Paderanga vs
Buissan, GR. No. 49475 (1993)] Action in Action quasi in
Action in rem
personam rem
As to binding effect of the decision: any judgment
therein is binding only upon the parties properly Directed Directed
Directed
impleaded. [Paderanga vs Buissan, GR. No. against against
against the
49475 (1993)] particular particular
thing itself
persons persons
As to whether jurisdiction over the person is
Jurisdiction
required: jurisdiction over the person of the
over the
defendant is necessary for the court to validly try
Jurisdiction Jurisdiction person of
and decide the case which can be made through
over the person over the defendant is
service of summons. [Lucas vs Lucas, G.R. No.
of the person of not required
190710 (2011)]
defendant not defendant as long as
required required jurisdiction
As to how jurisdiction is acquired: jurisdiction is
over the res is
acquired through service of summons as
required
provided in the Rule 14.
Proceeding to
Examples: Action for damages, for specific subject the
performance Action to interest of a
Proceeding to impose a named
Action Quasi in Rem determine the responsibility defendant
As to definition: an action quasi in rem names a state or or liability over a
person as defendant, but its object is to subject condition of a upon a particular
that person's interest in a property to a
corresponding lien or obligation. [Lucas vs Lucas, thing person property to an
G.R. No. 190710 (2011)] directly obligation or
lien burdening
As to whether jurisdiction over the person is it
required: jurisdiction over the person of the
Judgment is
defendant is not a prerequisite to confer
jurisdiction on the court, provided that the latter binding only
has jurisdiction over the res. [Lucas vs Lucas, G.R. upon Judgment
Judgment is
No. 190710 (2011)] impleaded binging upon
binding on the
parties or particular
whole world
As to how jurisdiction is acquired: jurisdiction over their persons
the res is acquired either (a) by the seizure of the successors in
property under legal process, whereby it is interest
brought into actual custody of the law, or (b) as a
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E.g. Action for Every ordinary civil action must be based on a


E.g. Probate E.g. cause of action [Sec. 1, Rule 2]
partition;
proceeding, Collection
foreclosure of
cadastral suit, Action Bases of Cause of Action
real estate
proceeding for Damages A cause of action stems from the sources of
mortgage
obligations under Art. 1156 of the Civil Code:
(1) Law,
(2) Contract,
A.8 INDEPENDENT CIVIL ACTION (3) Quasi-contract,
[SEC. 3, RULE 111] (4) Acts and omissions punishable by law and
An independent civil action may be brought in the (5) Quasi-delict. [Sagrada Orden etc v. NACOCO,
G.R. No. L-3756 (1952)]
cases provided by:
(1) Art. 32, Civil Code (violation of Constitutional Elements of a Cause of Action:
rights by a public officer or employee, or a
(1) Plaintiff’s legal right;
private individual)
(2) Defendant’s correlative obligation to respect
(2) Art. 33 (defamation, fraud, or physical
plaintiff’s right;
injuries)
(3) Defendant’s act/omission in violation of
(3) Art. 34 (refusal or failure to render aid or
plaintiff’s right [Ma-ao Sugar Central v.
protection by a member of the police force);
Barrios, G.R. No. L-1539 (1947)]
and
(4) Art. 2176 (quasi-delict)
When Cause of Action Must Exist
A cause of action must exist at the time of the
The action may be brought by the offended party.
filing of the complaint – else, the case shall be
It shall proceed independently of the criminal
dismissible for being a groundless suit.
action and shall require only a preponderance of
[Swagman Hotels and Travel v. CA, G.R. No.
evidence. However, the offended party cannot
161135 (2005), reiterating Surigao Mine
recover damages twice for same act or omission
Exploration v. Harris, G.R. No. L-45543 (1939)]
charged in the criminal action. [Sec. 3, Rule 111]
B.2 RIGHT OF ACTION VERSUS CAUSE OF
“Physical injuries” under Art. 33 is used in the ACTION
generic sense, and not in reference to the
offenses defined in the Revised Penal Code. It Right of action Cause of action
also includes consummated, frustrated, and
The remedial right or
attempted homicide and death arising from The delict or wrongful
right to relief granted
delict. [Madeja v. Hon. Caro, G.R. No. L-51183 act or omission
by law to a party to
(1983)] committed by the
institute an action
defendant in violation
against a person who
of the primary rights
B. CAUSE OF ACTION has committed a delict
of the plaintiff
or wrong against him

B.1 MEANING OF CAUSE OF ACTION Right to sue as a


Act or omission by which a party violates a right consequence of the The delict or wrong
of another. [Sec. 2, Rule 2] delict

Determined by the
Delict or wrongful act or omission committed by Whether such acts give
averments in the
the defendant in violation of the primary right of him right of action is
pleading regarding
the plaintiff. [Danfoss Inc. vs Continental Cement determined by
the acts committed by
Corporation, G.R. No. 143788 (2005)] substantive law
the defendant
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Rules of Court. On the other hand, lack of cause


There can be no right of action without a cause of [of] action refers to a situation where the evidence
action being first established [Regalado citing does not prove the cause of action alleged in the
Español v. The Chairman of PVA, G.R. No. L-44616 pleading. [Macaslang v. Zamora, G.R. No. 156375
(1985)] (2011)]

For an instance where the right of action of a B.4 TEST OF SUFFICIENCY OF CAUSE OF
plaintiff was suspended, see again the Ma-ao ACTION
Sugar Central case [Ma-ao Sugar Central v. The test of sufficiency of a cause of action rests on
Barrios, G.R. No. L-1539 (1947)] where the SC had whether, hypothetically admitting the facts
occasion to hold that an EO providing for a debt alleged in the complaint to be true, the court can
moratorium not only suspended the execution of render a valid judgment upon the same, in
the judgment that the court could render so far as accordance with the prayer in the complaint.
it ordered the payment of debts and other [Heirs of Maramag v. Maramag, G.R. No. 181132
monetary obligations, but also suspended the (2009)]
filing of suit in the courts of justice for the
enforcement of the payment of debts and other However, there is no hypothetical admission of
monetary obligations. the veracity of the allegations if:
(1) The falsity of the allegations is subject to
B.3 FAILURE OF THE COMPLAINT TO STATE A judicial notice;
CAUSE OF ACTION (2) The allegations are legally impossible;
(3) The allegations refer to facts which are
inadmissible in evidence;
Ground for Dismissal (4) By the record or document in the pleading, the
Even if in reality, the plaintiff has a cause of action allegations appear unfounded; or
against the defendant, the complaint may be (5) There is evidence which has been presented to
dismissed if the complaint or pleading asserting the court by stipulation of the parties or in the
the claim “states no cause of action.” [Sec. 1(g), course of hearings related to the case [Heirs of
Rule 16] Maramag v. Maramag, G.R. No. 181132
(2009)].
The cause of action must unmistakably be stated
How To Determine Existence of Cause of Action
or alleged in the complaint. All the elements
GENERAL RULE: Determination shall be based
required by substantive law must clearly appear
only on facts alleged in the complaint and from no
from a mere reading of the complaint. [Riano]
other, and the court cannot consider other
matters aliunde. [Manaloto v. Veloso III, G.R. No.
The complaint must contain a concise statement
171635 (2010)]
of the ultimate or essential facts constituting the
EXCEPTION: Note, however, that there have been
plaintiff’s cause of action. The focus is on
instances when the SC considered matters aside
sufficiency, not veracity, of the material
from the facts alleged in the complaint, such as:
allegations. [Anchor Savings Bank v. Furigay, G.R.
(1) Documents attached to the complaint
No. 191178 (2013)]
[Agrarian Reform Beneficiaries Association v.
Nicolas, G.R. No. 168394 (2008)] – this case
Failure of the complaint to state a cause of action refers to actionable documents which by
versus lack of cause of action express provision of the Rules of Court are
Failure to state a cause of action and lack of deemed part of the pleading.
cause of action are really different from each (2) Appended annexes, other pleadings, and
other. On the one hand, failure to state a cause of admissions on record [Zepeda v. China
Banking Corp., G.R. No. 172175 (2006)] – the
action refers to the insufficiency of the pleading,
jurisprudence establishing this supposed
and is a ground for dismissal under Rule 16 of the exception ultimately points to dismissals
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based on a lack of a cause of action, opposed other actions – instead he should move to amend
to a failure of the complaint to state a cause of the complaint to include the omitted relief or
action. reliefs. [Bayang v. CA, G.R. No. L-53564 (1987)]

Dismissal as Effect of Splitting of Cause of Action


B.5 SPLITTING A SINGLE CAUSE OF ACTION;
The filing of one or a judgment upon the merits in
EFFECTS
any one is available as a ground for the dismissal
The act of instituting two or more suits on the of the others. [Sec. 4, Rule 2].
basis of the same cause of action. [Sec. 4, Rule 2]
Defendant’s Remedy
A party may not institute more than one suit for a The remedy is for the defendant to file a Motion
single cause of action. [Sec. 3, Rule 2] to Dismiss under Rule 16.
(1) Filing of the first complaint may be pleaded
Splitting a single cause of action is the act of in abatement of the second complaint, on the
dividing a single or indivisible cause of action into ground of litis pendentia [Sec. 1(e), Rule 16]; or
several parts or claims and instituting two or (2) A judgment upon the merits in any of the
more actions upon them. A single cause of action complaints is available as ground for
or entire claim or demand cannot be split up or dismissal of the others based on res judicata
divided in order to be made the subject of two or [Sec. 1(f), Rule 16]
more different actions. [Chu v. Sps. Cunanan, G.R.
No. 156185 (2011)] Rationale
(1) To prevent repeated litigation between the
Test to determine a “Single” Cause of Action same parties in regard to the same subject or
controversy;
The tests to ascertain whether two suits relate to
(2) To protect the defendant from unnecessary
a single or common cause of action are: vexation. Nemo debet vexare pro una et eadem
(1) Whether the same evidence would support causa (No man shall be twice vexed for one
and sustain both causes of action (Same and the same cause);
Evidence Test) (3) To avoid the costs and expenses incident to
(2) Whether the defenses in one case may be numerous suits. [City of Bacolod v. SM
used to substantiate the complaint in the Brewery, G.R. No. L-25134 (1969)]
other
(3) Whether the cause of action in the second B.6 JOINDER AND MISJOINDER OF CAUSES
case existed at the time of filing of the first OF ACTION
complaint [Umale v. Canoga Park
Development Corp., G.R. No. 167246 (2011)]
Joinder of Causes of Action
For a single cause of action or violation of a right, The assertion of as many causes of action as a
the plaintiff may be entitled to several reliefs. It is party may have against another in one pleading
the filing of separate complaints for these several alone. [Sec. 5, Rule 2]. It is also the process of
reliefs that constitutes splitting up of the cause of uniting two or more demands or rights of action
action which is proscribed by the rule against the in one action. [Riano]
splitting of a cause of action. [City of Bacolod v.
SM Brewery, G.R. No. L-25134 (1969)] Ratio
To avoid a multiplicity of suits and to expedite
Amendment as Remedy If Other Reliefs Not disposition of litigation at minimum cost [Ada v.
Included in the Complaint Baylon, G.R. No. G.R. No. 182435 (2012)]
In the event that a plaintiff has omitted to include
in the complaint one or several other reliefs to Rule Merely Permissive
which he may be entitled, the proper remedy of The rule however is purely permissive as there is
the plaintiff is not to institute another or several no positive provision of law or any rule of
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jurisprudence which compels a party to join all his If the court has no jurisdiction to try the misjoined
causes of action and bring them at one and the action, then it must be severed. Otherwise,
same time. [Nabus v. CA, G.R. No. 91670 (1991)] adjudication rendered by the court with respect
There is no sanction against non-joinder of to it would be a nullity. [Ada v. Baylon]
separate causes of action since a plaintiff needs
only a single cause of action to maintain an action C. PARTIES TO CIVIL ACTION
[Regalado].
Plainfiff
Requisites [Sec. 5, Rule 2] He/she is the claiming party, counter-claimant,
(1) The party joining the causes of action shall cross-claimant, or third-party plaintiff. [Sec. 1,
comply with the rules on joinder of parties;
Rule 3]
(2) The joinder shall not include special civil
actions or actions governed by special rules;
(3) Where causes of action are between the same Defendant
parties but pertain to different venues or Term may refer to the original defending party,
jurisdictions, the joinder may be allowed in the the defendant in a counterclaim, the cross-
RTC provided one of the causes of action are defendant, or the third (fourth, etc.)-party
within that court’s jurisdiction and venue lies defendant. [Sec. 1, Rule 3]
therein;
(4) Where the claims in all the causes of action are
It also includes an unwilling co-plaintiff, or one
principally for recovery of money, the
aggregate amount claimed shall be the test of who should be joined as plaintiff but refuses to
jurisdiction (“totality rule”) give its consent thereto. [Sec. 10, Rule 3]

Misjoinder of Causes of Action Who may be Parties [Sec. 1, Rule 3]


There is misjoinder of causes of action when (1) Natural persons;
conditions for joinder under Section 5, Rule 2 are (2) Juridical persons [Art. 44, Civil Code];
not met. [Perez vs Hermano, G.R. No. 147417 (a) The State and its political subdivisions;
(2005)] (b) Other corporations, institutions and
entities for public interest or public
purpose, created by law; and
Misjoinder Not Ground for Dismissal (c) Corporations, partnerships, and
Misjoinder is not a ground for dismissal of an associations for private interest or purpose
action [Sec. 6, Rule 2] to which the law grants a judicial
personality, separate and distinct from
Effect of Misjoinder that of each shareholder, partner, or
An erroneously joined cause of action may, on member.
motion of a party or on the initiative of the court, (3) Entities authorized by law. [Riano]
(a) A corporation by estoppel is precluded
be severed and proceeded with separately. [Sec.
from denying its existence, and the
6, Rule 2] members are liable as general partners
[Sec. 21, Corporation Code]
If there is no objection to the improper joinder or (b) A partnership with capital of at least
the court did not motu proprio direct a severance, P3,000 which fails to comply with the
then there exists no bar in the simultaneous registration requirements is liable as a
adjudication of all the erroneously joined causes partnership to third persons [Arts. 1768,
of action, as long as the court trying the case has 1772, Civil Code]
(c) The estate of a deceased person is a
jurisdiction over all of the causes of action therein
juridical entity that has a personality of its
notwithstanding the misjoinder. [Ada v. Baylon, own [Limjoco v. Intestate Estate of
G.R. No. G.R. No. 182435 (2012)] Fragrante, G.R. No. L-770 (1948)]
(d) The Roman Catholic Church may be a
party; as to its properties, the Archbishop
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or diocese to which they belong may be a Material interest or an interest in issue to be


party. [Ponce v. Roman Catholic] affected by the decree or judgment of the case, as
(e) A legitimate labor union may sue and be distinguished from mere curiosity about the
sued in its registered name [Art. 242(e), question involved. [Ang v. Sps. Ang, G.R. No.
Labor Code]
186993 (2012)]
Legal Capacity to Sue
Legal capacity to sue or be sued means that the Nature of Interest
The interest must be real, which a present and
party is free from general disability (e.g. minority
substantial interest as distinguished from a mere
or insanity) or, in case of juridical entities, that it
expectancy or a future, contingent, subordinate,
must be duly registered in accordance with law.
or consequential interest. [Rayo v. Metrobank,
Facts showing the capacity of a party to sue or be G.R. No. 165142]
sued, or the authority of a party to sue or be sued It should be material and direct, as distinguished
in a representative capacity, or the legal from a mere incidental interest. [Mayor Rhustam
existence of an organized association of persons Dagadag v. Tongnawa, G.R. No. 161166-67
that is made a party, must be averred. [Sec. 4, (2005)]
Rule 8]
Why Necessary to Determine the Real Party in
As distinguished from Legal Personality to Sue Interest
GENERAL RULE: Every action must be
prosecuted or defended in the name of the real
Legal personality to
Legal capacity to sue party in interest. [Sec. 2, Rule 3]
sue
EXCEPTION: Unless otherwise provided by law or
Plaintiff’s general the Rules [Sec. 2, Rule 3]
disability to sue, on
Plaintiff is not the real Spouses as Parties
account of minority,
party in interest GENERAL RULE: Husband and wife shall sue and
insanity,
incompetence, etc. be sued jointly
EXCEPTION: When otherwise provided by law.
Ground for a Motion to Ground is “failure of [Sec. 4, Rule 3]
Dismiss is “lack of complaint to state a Examples:
capacity to sue [Sec. cause of action.” [Sec. (1) Judicial separation of property
1(d), Rule 16] 1(g), Rule 16] (2) Abandonment of one spouse by the
other without just cause or failure to
comply with obligations to the family
[Art. 101, Family Code]
C.1 REAL PARTIES IN INTEREST; (3) Exclusive property of spouses [Art.
INDISPENSABLE PARTIES; NECESSARY 111, Family Code]
PARTIES; REPRESENTATIVES AS PARTIES; (4) Regime of separation of property
INDIGENT PARTIES; ALTERNATIVE governs property relations of
DEFENDANTS spouses [Art. 145, Family Code]
(5) Suits with respect to the practice of
C.1.1. Real Parties in Interest profession
The party who stands to be benefited or injured
Failure to Name a Real Party-in-Interest
by the judgment in the suit, or the party entitled
If the suit is not brought in the name of or against
to the avails of the suit. [Sec. 2, Rule 3]
the real party-in-interest, a Motion to Dismiss
may be filed on the ground that the complaint
Definition of Interest
“states no cause of action.” [Balagtas v. CA, G.R.
No. 109073 (1999)]]
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non for exercise of is separable from that of


Remedies
judicial power the indispensable party
(1) Amendment of pleadings [Alonso v. Villamor,
G.R. No. L-2352 (1910)]; or The case may be
(2) Complaint may be deemed amended to determined but the
include the real party-in-interest [Balquidra v. No valid judgment if
judgment will not
CFI Capiz, G.R. No. L-40490 (1977)] not joined.
resolve the entire
When Real Party-in-Interest Bound Despite not controversy
Being Formally Impleaded
As an exception, the real litigant may be held Interest in the Interests are so far
bound as a party even if not formally impleaded controversy such separable that a final
provided he had his day in court. [Albert v. that a final decree decree can be made in
University Publishing Co., G.R. No. L-9300 (1958)] would necessarily their absence without
affect their rights.. affecting them.
C.1.2. Indispensable Parties
A real party-in-interest without whom no final
determination can be had of an action. [Sec. 7, C.1.4. Representative as Parties
Rule 3] A representative is one acting in fiduciary
capacity, such as a trustee of an express trust, a
GENERAL RULE: joinder of parties is permissive guardian, an executor or administrator, or a party
[Sec. 6, Rule 3] authorized by law or the Rules of Court. [Sec. 3,
EXCEPTION: joinder of a party becomes Rule 3]
compulsory when the one involved is an
indispensable party. [Sec. 7, Rule 3] Beneficiary to be Included in the Title of the Case
Where the action is allowed to be prosecuted or
C.1.3. Necessary Parties defended by a representative party, the
Not an indispensable party but ought to be joined beneficiary shall be included in the title of the
as a party if complete relief is to be accorded as case and shall be deemed to be the real party in
to those already parties, or for a complete interest.
determination or settlement of the claim subject
Agent Acting on his Own Name and for Benefit of
of the action [Sec. 8, Rule 3]
Undisclosed Principal
GENERAL RULE: An agent acting in his own
A person is not an indispensable party if his
name and for the benefit of an undisclosed
interest in the controversy or subject matter is
principal may sue or be sued without joining the
separable from the interest of the other parties,
principal
so that it will not necessarily be directly or
EXCEPTION: If the contract involves things
injuriously affected by a decree which does not
belonging to the principal.
complete justice between them. [Riano]
Minor or Incompetent Person as Party
Indispensable A minor or a person alleged to be incompetent
Necessary parties
parties may sue or be sued, with the assistance of his
father, mother, guardian, or if he has none, a
Must be joined
Should be joined guardian ad litem. [Sec. 5, Rule 3]
under any and all
whenever possible
conditions Minors (represented by their parents) are real
Presence is a Action can proceed even parties in interest under the principle of
condition sine qua in their absence; interest

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intergenerational responsibility. [Oposa v. When Requirement Under Sec. 19, Rule 141 Not
Factoran, G.R. No. 101083 (1993)] Met
However, if the trial court finds that one or both
C.1.5. Indigent Parties requirements have not been met, then it would
set a hearing to enable the applicant to prove
Who are Indigent Parties; Benefits
that the applicant complies with Sec. 21, par. 1,
(1) One who has no money or property sufficient Rule 3. The adverse party may adduce
and available for food, shelter, and basic countervailing evidence. The trial court will then
necessities [Sec. 21, Rule 3] rule on the application.
(a) Include an exemption from payment of In addition, Section 21, Rule 3 also provides that
docket and other lawful fees, and of the adverse party may later still contest the grant
transcripts of stenographic notes which the of such authority at any time before judgment is
court may order to be furnished her/him. rendered by the trial court. If the court
(b) Amount of the docket and other lawful fees determines after hearing, that the party declared
which the indigent was exempted from as an indigent is in fact not, the proper docket and
paying shall be a lien on any judgment other lawful fees shall be assessed and collected
rendered in the case favorable to the by the clerk of court. If payment is not made
indigent, unless the court otherwise within the time fixed by the court, execution shall
provides. issue or the payment of prescribed fees shall be
(c) If the party is not actually indigent under made, without prejudice to such other sanctions
this Rule, the proper docket and other as the court may impose. [Sps. Algura v. City of
lawful fees shall be assessed and collected Naga]
by the clerk of court. If payment is not made
within the time fixed by the court, Summary of Rules for Indigent Litigants
execution shall issue or the payment If the applicant for exemption meets the salary
thereof, without prejudice to such other and property requirements under Section 19 of
sanctions as the court may impose. Rule 141, then the grant of the application is
(2) One whose gross income and that of their mandatory.
immediate family’s do not exceed an amount On the other hand, when the application does not
double the monthly minimum wage of an satisfy one or both requirements, then the
employee, and who does not own real application should not be denied outright;
property with a fair market value of more than instead, the court should apply the "indigency
PHP 300,000 [Sec. 19, Rule 141]. test" under Section 21 of Rule 3 and use its sound
(a) Legal fees shall be a lien on any judgment discretion in determining the merits of the prayer
rendered in the case favorable to the for exemption. [Sps. Algura v. City of Naga]
indigent litigant, unless the court
otherwise provides.
(b) Any falsity in the affidavits shall be 3.3.3.6. Alternative Defendants
sufficient cause to dismiss the complaint or Where the plaintiff is uncertain against whom of
action or to strike out the pleading of that
party, without prejudice to whatever several persons he is entitled to relief, he may join
criminal liability may have been incurred. any or all of them in the alternative, although a
right to relief against one may be inconsistent
When Authority to Litigate as Indigent Litigant a with a right to relief against the other. [Sec. 13,
Matter of Right Rule 3]
When an application to litigate as an indigent
litigant is filed, the court shall scrutinize the C.2 COMPULSORY AND PERMISSIVE JOINDER
affidavits and supporting documents to OF PARTIES
determine if the applicant complies with the
standards prescribed in Sec. 19, Rule 141. If so, the
authority to litigate as indigent litigant is C.2.1. Compulsory Joinder
automatically granted and the grant is a matter Parties in interest without whom no final
of right. [Sps. Algura v. City of Naga, G.R. No. determination can be had of an action (i.e.
150135 (2006)]

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indispensable parties) shall be joined either as


plaintiffs or defendants. [See Sec. 7, Rule 3] C.3 MISJOINDER AND NON-JOINDER OF
PARTIES
Effect of Non-Joinder of Indispensable Parties
The absence of an indispensable parties renders Misjoinder
all subsequent actions of the trial court null and When one is made a party to the action although
void for want of authority to act, not only as to the he should not be impleaded. [Riano]
absent parties but even as to those present.
[Moldes v. Villanueva, G.R. No. 161955 (2012)] Non-joinder
When one is not joined when he is supposed to be
Effect of Non-joinder of Necessary Parties joined but is not impleaded in the action. [Riano]
Non-joinder of a necessary party does not prevent
the court from proceeding in the action. The Effect of Misjoinder or Non-joinder of Parties
judgment rendered therein shall not prejudice Neither misjoinder nor non-joinder of parties is a
the rights of such necessary party [Sec. 9, par. 3, ground for dismissal of an action. [Sec. 11, Rule 3]
Rule 3]
Effect of Misjoinder or Non-joinder of Parties;
Remedy in Case of Non-Joinder of Necessary When Ordered by the Court
Parties [Sec. 9, Rule 3] Non-joinder of an indispensable party is not a
When a pleading asserting a claim omits to join a ground for outright dismissal of the action. If the
necessary party, the pleader must: plaintiff refused to implead an indispensable
(1) Set forth the name of the necessary party, if party despite order of the court, that court may
known, and dismiss the complaint for the plaintiff’s failure to
(2) State the reason why the necessary party is comply with the order. [Pamplona Plantation v.
omitted. [Sec. 9, par. 1, Rule 3] Tinghil, G.R. No. 159121 (2005)].

C.2.2. Permissive Joinder [Sec. 6, Rule 3] If the court finds the reason for the non-joinder of
Parties can be joined, as plaintiffs or defendants, a necessary party unmeritorious, it may order the
in one single complaint or may themselves inclusion of such necessary party, if jurisdiction
maintain or be sued in separate suits. over his person may be obtained. Failure to
comply with such order without justifiable cause
Requisites: is deemed a waiver of the claim against such
(1) Right to relief arises out of the same party. [Sec. 9, pars. 1-2, Rule 3]
transaction or series of transactions
Transaction – not only a stipulation or
Parties may be dropped or added by order of the
agreement but any event resulting in wrong,
court on motion of any party or on its own
whether the wrong was done by violence,
initiative at any stage of the action and on such
neglect, or breach of contract
terms as are just. [Sec. 11, Rule 3]
Series of transactions – transactions
connected with the same subject of the action Objections to defects in parties
(2) A question of law or fact common to all the Objections should be made at the earliest
plaintiffs or defendants
opportunity. At the moment such defect becomes
(3) Such joinder is not otherwise proscribed by
the rules on jurisdiction and venue apparent, a motion to strike the names of the
parties must be made. Thus, objections to
NOTE: Compare to Joinder of Causes of Action misjoinder cannot be raised for the first time on
[See 3.2.6], where it is enough if the causes of appeal [Lapanday Agricultural & Development
action arise out of the same contract, as there is Corporation v. Estita, G.R. No. 162109 (2005)]
no need for a common question of fact or law.
C.4. CLASS SUITS
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actually instituted it [Lim v. Lim Yu, G.R. No.


Requisites [Sec. 12, Rule 3] 138343 (2001)]
(1) Subject matter of the controversy is one of
common or general interest to many persons; There is no class suit in an action filed by
(2) The persons are so numerous that it is associations of sugar planters to recover
impracticable to join them all as parties, and damages in behalf of individual planters for an
to bring them all before the court;
allegedly libelous article in an international
(3) Parties actually before the court are
sufficiently numerous and representative of magazine. There is no common or general
the class as to fully protect the interests of all interest in reputation of a specific individual. Each
concerned; of the sugar planters has a separate and distinct
(4) The representative sues or defends for the reputation in the community not shared by the
benefit of all. others. [Newsweek, Inc. v. Intermediate Appellate
Court, G.R. No. 63559 (1986)]
Right to Intervene
In a class suit, any party in interest shall have the
Only General Interest in the Subject Matter of
right to intervene to protect his individual
Litigation Required
interest. [Sec. 12, Rule 3]
A class suit does not require a commonality of
interest in the questions involved in the suit. What
When Subject to Dismissal
If a class suit is improperly brought, the action is is required by the Rules is a common or general
subject to dismissal on the ground that plaintiff interest in the subject matter of the litigation.
has no legal capacity to sue regardless of the [Mathay v. Consolidated Bank & Trust Company,
cause of action. [Sec. 1(d), Rule 16] G.R. No. L-23136 (1974)]

C.5 SUITS AGAINST ENTITIES WITHOUT


No Dismissal Upon the Instance of Plaintiff or Due
to Compromise JURIDICAL PERSONALITY
However, no class suit may be dismissed upon
the instance of the plaintiff, or compromised, Requisites [Sec. 15, Rule 3]
without the approval of the court. [Sec. 2, Rule 17] (1) There are 2 or more persons not organized as
a juridical entity;
Taxpayer’s Suit or Derivative Suit is in the Nature (2) They enter into a transaction;
(3) A wrong is committed against a 3rd person in
of Class Suit
the course of such transaction.
A taxpayer's suit or a stockholder's derivative suit
is in the nature of a class suit, although subject to Persons associated in an entity without juridical
the other requisites of the corresponding personality may be sued under the name by
governing law especially on the issue of locus which they are generally or commonly known, but
standi. [Regalado] they cannot sue under such name. [Sec. 15, Rule
3]
Derivative Suit
A derivative suit is action brought by minority The service of summons may be effected upon all
shareholders in the name of the corporation to the defendants by serving upon any of them, or
redress wrongs committed against it, for which upon the person in charge of the office or place of
the directors refuse to sue. It is a remedy business maintained under such name. [Sec. 8,
designed by equity and has been the principal Rule 14]
defense of the minority shareholders against
abuses by the majority. [Campos] C.6 EFFECT OF DEATH OF A PARTY-LITIGANT

In a derivative action, the real party in interest is Duty of Counsel Upon Death of Client [Sec. 16,
the corporation itself, not the shareholders who Rule 3]
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(1) Inform court of such fact within 30 days after The substitute defendant need not be
the death; summoned. The order of substitution shall be
(2) Give the name and address of the legal served upon the parties substituted for the court
representatives. to acquire jurisdiction over the substitute party.
[Ferreria v Vda de Gonzales, G.R. No. L-11567
Effect of Failure to Comply [Sec. 16, Rule 3]
(1986)]
Failure to comply is a ground for disciplinary
action.
Rule in Case of Death or Separation of Party Who
is a Public Officer
Action of Court Upon Notice of Death [Sec. 16,
Requisites [Sec. 17, Rule 3]
Rule 3]
Upon receipt of notice, the Court shall determine (1) That the public officer is a party to an action in
his official capacity;
if claim is extinguished by such death. (2) That during the pendency of the action, he
(1) Claim does not survive: the proper action either dies/resigns or otherwise ceases to hold
would be to dismiss the case. Substitution office;
would not be required. (3) That any party shows to the satisfaction of the
(2) Claim survives: the court shall order the legal court, within 30 days after the successor takes
representative of the deceased to appear and office, that there is a substantial need to
be substituted for him within 30 days, or continue or maintain the action;
within such time as may be granted. (4) That the successor adopts or continues his
predecessor’s action, or threatens to do so;
Survival of Action and
Survival depends on the nature of the action and (5) The party or officer affected:
the damage sought. (a) Assented to the substitution, or
(1) Causes of Action that Survive: (b) Was given reasonable notice of the
(a) The wrong complained of affects primarily application, and opportunity to be heard
and principally property and property
rights Action on Contractual Money Claims
(b) Injuries to the person are merely incidental Requisites [Sec. 20, Rule 3]
(c) E.g. Actions to recover real and personal (1) The action must primarily be for recovery of
property or to enforce liens thereon money, debt or interest thereon;
(2) Causes of Action that do not Survive: (2) The claim arose from express or implied
(a) The injury complained of is personal to the contract;
person (3) Defendant dies before the entry of final
(b) Property and property rights affected are judgment in the court in which the action was
incidental pending.
(c) E.g. Action for specific performance (4) The defendant’s death will not result in the
against the deceased during his lifetime to dismissal of the action.
perform an act which the latter contracted
to do considering skills specific to him (ie. Effect
to paint a portrait; to sing his original There shall be substitution in the manner
single in a concert) provided under Sec. 16, Rule 3, and the action will
continue until the entry of final judgment.
Court may order the opposing party to procure
However, execution shall not issue in favor of the
the appointment of an administrator or executor
winning plaintiff. It should be filed as a claim
of the estate in the ff. cases:
against the decedent’s estate without need of
(1) No legal representative is named; or
(2) The one so named fails to appear within the proving the claim.
specified period. [Sec. 16, Rule 3]
Incompetency or Incapacity of Party During
Summon to the Substitute Not Necessary Pendency of Action

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The Court, upon motion with notice, may allow It is a procedural, not a jurisdictional matter.
the action to be continued by or against the [Phil. Banking v. Tensuan, G.R. No. 104649
incapacitated person, assisted by his legal (1994)]
guardian or guardian ad litem. [Sec. 18, Rule 3]
Choosing the venue of an action is not left entirely
Transfer of Interest During Pendency of Action to a plaintiff’s caprice; the matter is regulated by
GENERAL RULE: The rule does not consider the the Rules of Court. [Ang v. Sps. Ang, G.R. No.
transferee an indispensable party. Hence, the 186993 (2012)]
action may proceed without the need to implead
him.
EXCEPTION: When the substitution by or joinder On Dismissal; Motion to Dismiss Necessary;
Exception
of the transferee is ordered by court. [Sec. 19,
A motu propio dismissal based on improper
Rule 3]
venue is patently incorrect. [Sec. 1, Rule 9; Dolot
The case is dismissed if the plaintiff’s interest is v. Paje, G.R. No. 199199 (2013)]
transferred to defendant unless there are several
plaintiffs, in which case the remaining plaintiffs Unless and until the defendant objects to the
venue in a motion to dismiss, the venue cannot
can proceed with their own cause of action.
truly be said to have been improperly laid
C.7 DISTINCTION BETWEEN REAL PARTY-IN- because the venue, although technically wrong,
INTEREST AND LOCUS STANDI may be acceptable to the parties for whose
convenience the rules of venue had been laid.
Locus standi is defined as "a right of appearance [Dacuycoy v. IAC, G.R. No. 74854 (1991)]
in a court of justice on a given question." In
private suits, standing is governed by the "real- However, the court may effect a motu propio
parties-in interest" rule as contained in Section 2, dismissal for improper venue, inter alia, in actions
Rule 3, which provides that "every action must be covered by the Rules on Summary Procedure
prosecuted or defended in the name of the real [Sec. 4], Rule of Procedure for Small Claims cases
party in interest." Accordingly, the "real-party-in [Sec. 9], and in ejectment cases [Sec. 5, Rule 70].
interest" is "the party who stands to be benefited
or injured by the judgment in the suit or the party
entitled to the avails of the suit.” [David v. D.1 VENUE VERSUS JURISDICTION
Macapagal-Arroyo, (2006)] Venue Jurisdiction
In public suits in this jurisdiction, We have Place where the Power of the court to
adopted the “direct injury test” to determine action is instituted hear and decide a case
locus standi in public suits. [Planters Products v.
Fertiphil, G.R. No. 166006 (2008)] Jurisdiction over the
subject matter and over
May be waived the nature of the action
D. VENUE
is conferred by law and
cannot-be waived
Procedural Matter; Not Jurisdictional
Venue is related only to the place of trial or the Procedural Substantive
geographical location in which an action or
May be changed by Is fixed by law and
proceeding should be brought and does not
the written cannot be the subject
equate to the jurisdiction of the court. [Spouses
agreement of the of the agreement of the
Mendiola v. CA, G. R. No. 159746 (2012)]
parties parties

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Establishes a relation The plaintiff or the defendant must be residents


between plaintiff and Establishes a relation of the place where the action has been instituted
defendant, or between the court and at the time the action is commenced. [Ang v. Sps.
petitioner and the subject matter Ang, G.R. No. 186993 (2012)]
respondent
Definition of Residence
Not a ground for a The residence of a person is his personal, actual
motu propio dismissal Lack of jurisdiction over or physical habitation or his actual residence or
Exceptions: the subject matter is a place of abode, which may not necessarily be his
- cases on summary ground for a motu legal residence or domicile provided he resides
procedure proprio dismissal. [Sec therein with continuity and consistency. [Boleyley
- Small claims cases 1, Rule 9] v. Villanueva, G.R. No. 128734 (1999)]
- ejectment cases
A corporation cannot be allowed to file personal
D.2 VENUE OF REAL ACTIONS actions in a place other than its principal place of
business unless such place is also the residence
Real actions shall be commenced and tried in the of a co-plaintiff or defendant. [Davao Light v.
proper court which has jurisdiction over the area Court of Appeals, G.R. No. 111685 (2001)]
wherein the real property involved, or a portion
thereof is situated. [Sec. 1(1), Rule 4] D.4. VENUE OF ACTIONS AGAINST NON-
RESIDENTS
Forcible entry and detainer actions shall be
Non-resident found in the Philippines
commenced and tried in the municipal court of
(1) For personal actions
the municipality or city wherein the real property
(a) Where the plaintiff, or any of the principal
involved, or a portion thereof, is situated. [Sec. plaintiffs, resides; or
1(2), Rule 4] (b) Where the non-resident defendant may
be found [Sec. 2, Rule 4]
If the property is located at the boundaries of 2 (2) For real actions -- where the property is
places, file the case in either place (at the located [Sec. 1, Rule 4]
plaintiff’s option).
Non-resident not found in the Philippines
If the case involves 2 properties located in 2 (1) Involves personal status of plaintiff –where
different places: plaintiff resides
(1) objects of the same transaction – file it in any (2) Involves property of defendant in the
of the 2 places; Philippines – where the property, or any
portion thereof, is situated or found [Sec. 3,
(2) objects of distinct transactions – separate
Rule 4]
actions should be filed in each place unless
properly joined.
When there is more than one defendant or
D.3 VENUE OF PERSONAL ACTIONS plaintiff, the residences of the principal parties
should be the basis for determining proper venue
All other actions may be commenced and tried, at
[Herrera]
the plaintiff’s election,:
(1) Where the plaintiff or any of the principal D.5 WHEN THE RULES ON VENUE DO NOT
plaintiffs resides; APPLY
(2) Where the defendant or any of the principal
defendants resides; (1) If a specific rule or law provides otherwise (e.g.
(3) In case of a non-resident defendant, where he action for damages arising from libel);
may be found. [Sec. 2, Rule 4] (2) If there is a stipulation as to venue which is
permitted if the agreement:
(a) Is in writing;
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(b) Was made before the filing of the action; Pleadings are the written statements of the
and respective claims and defenses of the parties,
(c) Is the exclusive venue. [Sec. 4, Rule 4] submitted to the court for appropriate judgment
[Sec. 1, Rule 6]
D.6 EFFECTS ON STIPULATIONS ON VENUE
Every pleading shall contain in a methodical and
Types of Stipulations on Venue logical form, a plain, concise and direct
a) Restrictive: suit may be filed only in the place statement of the ultimate facts on which the
agreed upon; party pleading relies for his claim or defense, as
b) Permissive: parties may file their suit not only the case may be, omitting the statement of mere
in the place agreed upon but also in the
evidentiary facts. [Sec. 1, Rule 8]
places fixed by law. [Briones v. CA and Cash
Asia, G.R. No. 204444 (2015)]
Pleadings versus Motions
Requirement to be Binding Pleading Motion
To be binding, the parties must have agreed on
the exclusive nature of the venue of any Purpose is to submit a Purpose is to apply for
prospective action between them. The claim or defense for an order not included
agreement of parties must be restrictive and not appropriate judgment in the judgment
permissive. [Regalado]
Cannot be initiatory;
May be initiatory Always made in a case
In the absence of qualifying or restrictive words
already filed in court
(e.g. “only/solely/exclusively in such court”),
venue stipulation is merely permissive; that is, the Always filed before May be filed even after
stipulated venue is in addition to the venue judgment judgment
provided for in the rules. [Polytrade Corp. v.
Blanco, G.R. No. L-27033 (1969)] Only 9 kinds of Any application for
pleading are allowed relief not by a pleading
When Stipulation May Be Disregarded by the rules is a motion
The court may declare agreements on venue as
contrary to public policy if such stipulation May be oral when
unjustly denies a party a fair opportunity to file made in open court or
Must be written
suit in the place designated by the Rules in the course of a
[Regalado, citing Hoechst Philippines v Torres, hearing or trial
G.R. No. L-44351 (1978)].
E.1 KINDS OF PLEADINGS
A complaint directly assailing the validity of the Pleadings Allowed
written instrument itself should not be bound by (1) Complaint
the exclusive venue stipulation contained therein (2) Answer
and should be filed in accordance with the (3) Counterclaim
general rules on venue. To be sure, it would be (4) Cross-claim
inherently consistent for a complaint of this (5) Third (fourth, etc.)-party Complaint
nature to recognize the exclusive venue (6) Complaint-in-intervention
stipulation when it, in fact, precisely assails the (7) Reply [Sec. 2, Rule 6]
(8) Counter-counterclaims [Sec. 9, Rule 6]
validity of the instrument in which such
(9) Counter-crossclaims [Sec. 9, Rule 6]
stipulation is contained. [Briones v. CA and Cash
Asia, G.R. No. 204444 (2015)] E.1.1. Complaint
The pleading alleging the plaintiff’s cause/s of
E. RULES ON PLEADINGS action. [Sec. 3, Rule 6]
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A denial, pregnant with the admission of the


Function substantial facts in the pleading responded to
(1) To inform the defendant clearly and definitely which are not squarely denied. It is in effect an
of the claims made against him so that he may admission of the averment it is directed to.
be prepared to meet the issues at trial. [Philamgen v. Sweet Lines, G.R. No. 87434 (1993)]
(2) To inform the defendant of all material facts
on which the plaintiff relies to support his While it is a denial in form, its substance actually
demand. has the effect of an admission because of a too
(3) To state the theory of a cause of action which literal denial of the allegation sought to be
forms the bases of plaintiff’s claim of liability. denied. This arises when the pleader merely
[Tantuico v. Republic, G.R. No. 89114 (1991)] repeats the allegations in a negative form.
[Riano]
Ultimate Facts are essential facts constituting the
plaintiff’s cause of action. A fact is essential if it E.1.2.3. Affirmative Defenses
cannot be stricken out without leaving the Allegations of new matters which, while
statement of the cause of action insufficient. hypothetically admitting the material allegations
in the claimant’s pleading, would nevertheless
[Remitere v. Montinola, G.R. No. L-19751 (1966)] prevent or bar recovery, by way of confession and
avoidance.
Non-Ultimate Facts:
(1) Evidentiary or immaterial facts; Raising affirmative defenses does not amount to
(2) Legal conclusions, conclusions or inferences acceptance of the jurisdiction of the court, but
of facts from facts not stated, or incorrect praying for affirmative reliefs is considered
inferences or conclusions from facts stated; voluntary appearance and acquiescence to the
(3) Conclusions of law alleged in the complaint court’s jurisdiction. [NM Rothschild & Sons Ltd. v.
are not binding on the court. Lepanto Consolidate Mining Co., G.R. No. 175799
(4) The details of probative matter or particulars (2011)]
of evidence, statements of law, inferences
and arguments. E.1.3 Counterclaim
Any claim which a defending party may have
Facts alleged in the complaint are judicial against an opposing party. [Sec. 6, Rule 6]
admissions that bind the plaintiff and may be the
basis to dismiss the complaint. [Luzon
Kinds of Counterclaims
Development Bank v. Conquilla, G.R. No. 163338
(2005)] Compulsory Permissive
counterclaim counterclaim
E.1.2. Answer
The pleading where the defendant sets forth his Arises out of or is
affirmative and/or negative defenses. [Sec. 4, necessarily connected
Neither arises out of
Rule 6] with the transaction or
nor is necessarily
occurrence that is the
connected with such
It may be directed toward a complaint, a subject matter of the
subject matter
counterclaim, a cross-claim, or a third (fourth, opposing party's
etc.)-party complaint. claim.

E.1.2.1. Negative Defenses Does not require for its


May require the
Specific denials of the material facts alleged in adjudication the
presence of third
the pleading of the claimant essential to his presence of third
parties over whom the
cause of action. parties of whom the
court cannot acquire
court cannot acquire
jurisdiction.
E.1.2.2. Negative Pregnant jurisdiction.

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Barred if not set up in Not barred even if not • In an original action before the RTC, the
the action. set up in the action. counterclaim may be considered compulsory
regardless of the amount. [Sec. 7, Rule 6]
Must be answered, • If a counterclaim is filed in the MTC in excess
Need not be otherwise, the of its jurisdictional limits, the excess is
considered waived. [Agustin v. Bacalan, G.R.
answered; no default. defendant can be
No. L-46000 (1985)]
declared in default.
• However, in another case, the remedy where a
Not an initiatory counterclaim is beyond the jurisdictional
Initiatory pleading; amount of the MTC is to set off the claims and
pleading; does not
requires Certificate of file a separate action to collect the balance.
require Certificate of [Calo v. Ajax, G.R. No. L-22485 (1968)] Note,
Non-Forum Shopping
Non-Forum Shopping however, that the counterclaim in question
here was permissive.

E.1.3.1 Compulsory Counterclaim NOTE: Under OCA Circular No. 96-2009, citing
A.M. No. 04-2-04 SC, the payment of filing fees
Requisites: for compulsory counterclaims remains
(1) It arises out of, or is necessarily connected suspended effective September 21, 2004. It
with the transaction or occurrence, clarified that the portion of the decision in Korea
constituting the subject matter of the Technologies v. Lerma, G.R. No. 143581, which
opposing party's claim; stated that docket fees are required to be paid in
(2) It does not require for its adjudication the
compulsory counterclaims has been deleted in a
presence of third parties of whom the court
cannot acquire jurisdiction; revised issuance.
(3) It must be cognizable by the regular courts of
justice, and within the court’s jurisdiction E.1.3.2. Permissive Counterclaim
both as to the amount and the nature, except A counterclaim is permissive if it does not arise
that in an original action before the Regional out of, nor is necessarily connected with, the
Trial Court, the counter-claim may be subject matter of the opposing party’s claim This
considered compulsory regardless of the is not barred even if not set up in the action.
amount. [Sec. 7, Rule 6]
Permissive counterclaims must have an
A plaintiff who fails or chooses not to answer a
compulsory counterclaim may not be declared in independent jurisdictional ground [Herrera].
default, principally because the issues raised in Hence, the filing of a separate docket fee is
the counterclaim are deemed automatically required.
joined by the allegations in the complaint. [Gojo
v. Goyala, G.R. No. L-26768 (1970)] NOTE: If the counterclaim, even if it arises out of,
or is necessarily connected with, the subject
The filing of a motion to dismiss and the setting matter of the opposing party’s claim, matures or
up of a compulsory counterclaim are is acquired by a party after serving his pleading,
incompatible remedies. If he files a motion to i.e. the Answer, it is merely permissive. [Sec. 9,
dismiss, he will lose his counterclaim. But if he Rule 11]
opts to set up his counterclaim, he may still plead
his ground for dismissal as an affirmative defense Determining Whether a Counterclaim is
in his answer. [Financial Building Corp. v. Forbes Compulsory or Permissive
Park Association, G.R. No. 133119 (2000)] (Also known as “logical relationship test”)

On Amounts A positive answer on all four the following tests


would indicate that the counterclaim is
compulsory:
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(1) Are the issues of fact and law raised by the (ii) when justice requires [Sec. 10, Rule
claim and counterclaim largely the same? 11]
(2) Would res judicata bar a subsequent suit on (b) A counterclaim, which either matured or
defendant’s claims, absent the compulsory was acquired by a party after serving his
counterclaim rule? pleading, with permission of the court, may
(3) Will substantially the same evidence support be set up in a supplemental pleading
or refute plaintiff’s claim as well as the before judgment. [Sec. 9, Rule 11]
counterclaim?
(4) Is there any logical relation between the claim E.1.4. Cross-Claim
and counterclaim? [GSIS v. Heirs of Caballero, Any claim by one party against a co-party arising
G.R. No. 158090 (2010)] out of the transaction or occurrence that is the
subject matter either of the original action or of a
There is a logical relationship where conducting
counterclaim therein. Such cross-claim may
separate trials of the respective claims would
include a claim that the party against whom it is
entail substantial duplication of effort and time
asserted is or may be liable to the cross-claimant
and involves many of the same factual and legal
for all or part of a claim asserted in the action
issues. [Meliton v. CA, G.R. No. 101883 (1992)]
against the cross-claimant. [Sec. 8, Rule 6]
E.1.3.3. Effect on Counterclaim when Complaint is
A cross-claim is generally compulsory. A cross-
dismissed
claim not set up shall be barred. [Sec. 2, Rule 9]
The case may be dismissed, with a counterclaim
set up under any of the following circumstances:
Exceptions (“permissive cross-claims”) are when:
(1) Dismissal under Sec. 6, Rule 16 – where the
(1) The claim is outside the court’s jurisdiction;
defendant does not file motion to dismiss but
raises the ground as an affirmative defense (2) The court cannot acquire jurisdiction over 3rd
parties whose presence is necessary for the
(2) Dismissal under Sec. 2, Rule 17 – where the
adjudication of said cross-claim.
plaintiff files a motion to dismiss the case,
after the defendant had filed a responsive (3) The Cross-claim matured or was acquired
pleading after service of Answer
(3) Dismissal under Sec. 3, Rule 17 – where the
When a cross-claim is proper:
complaint is dismissed due to the fault of the
(1) It arises out of the subject matter of the
plaintiff
complaint.
(2) It is filed against a co-party.
In all these cases, the rules expressly provide that
(3) The cross-claimant stands to be prejudiced by
the dismissal shall be without prejudice to the the filing of the action against him. [Londres v CA,
right of the defendant to pursue his counterclaim G.R. No. 136427 (2002)]
in the same or in a separate action.
Improper Cross-Claims
How Raised (1) Where the cross-claim is improper, the
(1) By including it in the Answer remedy is certiorari [Malinao v. Luzon Surety
A compulsory counterclaim or a cross-claim (1964)]
that a defending party has at the time he files (2) The dismissal of a cross-claim is unappealable
his answer shall be contained therein. [Sec. 8, when the order dismissing the complaint
becomes final and executory [Ruiz, Jr. v. CA
Rule 11]
(1993)]
(2) By filing after the Answer (3) A cross-claim is not allowed after declaration
(a) A counterclaim may be set up, by leave of of default of cross-claimant [Tan v. Dimayuga,
court, by amendment before judgment, (1962)] It would be tantamount to setting
when: aside the order of default because then the
(i) it is not set up due to oversight, cross-claimant would re-obtain standing in
inadvertence, or excusable neglect, court as party litigant
or

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E.1.5 Third (Fourth, etc.)-Party Complaints


It is a claim that a defending party may, with
leave of court, file against a person not a party to Complaint in
3rd-party complaint
the action, for contribution, indemnity, intervention
subrogation, or any other relief, in respect of his
opponent's claim. [Sec. 11, Rule 6] Brings into the action a
3rd person who was Same
Requisites: not originally a party
(1) The party to be impleaded must not yet be a
party to the action; Initiative is with the Initiative is with a non-
(2) The claim against the third-party defendant person already a party party who seeks to join
must belong to the original defendant; to the action the action
(3) The claim of the original defendant against
the third-party defendant must be based upon
the plaintiffs claim against the original
defendant; and, 3rd-party complaint Counterclaim
(4) The defendant is attempting to transfer to the
third-party defendant the liability asserted Need not be within the Must be within the
against him by the original plaintiff. [Philtranco jurisdiction of the court jurisdiction of the
Service Enterprises, Inc. v. Paras, G.R. No. 161909 trying the main case court trying the main
(2012)] case

There could also be a 4th/etc.-party complaint Diminishes/defeats Need not


with the same purpose and function. the recovery sought by diminish/defeat the
the opposing party recovery sought by the
3rd Party opposing party
Cross-claim Counterclaim
complaint Cannot exceed the For compulsory
Against a amount stated in the counterclaims: may
Against a co- Against an person not a original complaint exceed in amount or
party opposing party party to the be different in kind
action from that sought in
the original complaint
May arise out of For permissive
or be necessarily counterclaims: the
Must arise
connected with Rules are not as
out of the
the transaction categorical as in the
transaction
or the subject Must be in case of compulsory
that is the
matter of the respect of the counterclaims.
subject
opposing party’s opponent’s
matter of the
claim (plaintiff’s)
original
(compulsory claim Under this Rule, a person not party to an action
action or of a
counterclaim), may be impleaded by the defendant either:
counterclaim
or it may not (1) On allegation of liability to the latter, covered
therein
(permissive by the phrase “contribution, indemnity, or
counterclaim) subrogation”
(2) On the ground of direct liability to the
No need for a Leave of plaintiff; or both, as covered by the phrase
No need for
leave of court is “any other relief”. [Samala v. Victor, G.R. No.
leave of court L-53969 (1989)]
court needed

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Tests to Determine Whether the 3rd-Party Intervention is never an independent action, but
Complaint is in Respect of Plaintiff’s Claim is ancillary and supplemental to an existing
(1) WON it arises out of the same transaction on litigation, and in subordination to the main
which the plaintiff's claim is based, or proceeding. [Saw v. CA, G.R. No. 90580 (1991)]
although arising out of another/different
transaction, is connected with the plaintiff’s Its purpose is "to settle in one action and by a
claim; single judgment the whole controversy (among)
(2) WON the 3rd-party defendant would be liable
the persons involved." [First Philippine Holdings v.
to the plaintiff or to the defendant for all/part
of the plaintiff’s claim against the original Sandiganbayan (1996), G.R. No. 88345; Rule 19]
defendant;
(3) WON the 3rd-party defendant may assert any When Allowed
defenses which the 3rd-party plaintiff has or Intervention shall be allowed when a person has:
may have to the plaintiff’s claim. [Capayas v. (1) A legal interest in the matter in litigation; or
CFI, G.R. No. L-475 (1946)] (2) A legal interest in the success of any of the
parties; or
Additional Rules (3) An interest against the parties; or
Leave of court to file a 3rd-party complaint may (4) When he is so situated as to be adversely
be obtained by motion filed under Rule 15. affected by a distribution or disposition of
property in the custody of the court or of an
Summons on third (fourth, etc.)-party defendants officer thereof.
must be served for the court to obtain jurisdiction Moreover, the court must take into consideration
over his person, since he is not an original party. whether or not the intervention will unduly delay
or prejudice the adjudication of the rights of the
Where the trial court has jurisdiction over the original parties, and whether or not the
main case, it also has jurisdiction over the third- intervenors right or interest can be adequately
party complaint, regardless of the amount pursued and protected in a separate proceeding.
involved as a 3rd-party complaint is merely [Sec. 1, Rule 19; Fernandez v. CA, A.M. OCA IPI No.
auxiliary to and is a continuation of the main 12-201-CA-J (2013)]
action. [Republic v. Central Surety, G.R. No. L-
27802 (1968)] No Independent Controversy Allowed To Be
Injected
In general, an independent controversy cannot be
A third-party complaint is not proper in an action
injected into a suit by intervention, hence, such
for declaratory relief. [Commissioner of Customs intervention will not be allowed where it would
v. Cloribel, G.R. No. L-21036 (1977)] enlarge the issues in the action and expand the
scope of the remedies. It is not proper where
E.1.6. Complaint-In-Intervention there are certain facts giving the intervenor’s case
Intervention is a remedy by which a third party, an aspect peculiar to himself and differentiating
not originally impleaded in a proceeding, it clearly from that of the original parties; the
becomes a litigant therein to enable him to proper course is for the would-be intervenor to
litigate his claim in a separate suit. Intervention is
protect or preserve a right or interest which may not intended to change the nature and character
be affected by such proceeding. of the action itself, or to stop or delay the placid
operation of the machinery of the trial. The
Pleadings-in-Intervention [Sec. 3, Rule 19] remedy of intervention is not proper where it will
(1) Complaint-in-intervention – If intervenor have the effect of retarding the principal suit or
asserts a claim against either or all of the delaying the trial of the action. [Mactan-Cebu
original parties. International Airport Authority v. Heirs of Minoza,
(2) Answer-in-intervention – If intervenor unites G.R. No. 186045 (2011)]
with the defending party in resisting a claim
against the latter. Allowance Discretionary

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The Court has full discretion in permitting or Time to Intervene [Sec. 2, Rule 19]
disallowing intervention, which must be GENERAL RULE: The motion to intervene must
exercised judiciously and only after consideration be filed at any time before the rendition of
of all the circumstances obtaining in the case. judgment by the trial court
[Mago v. CA, G.R. No. 115624 (1999)] EXCEPTIONS:
(1) With respect to indispensable parties,
It is not an absolute right as it can be secured only intervention may be allowed even on appeal
in accordance with the terms of applicable [Falcasantos v. Falcasantos (1952)]
statute or rule. [Office of Ombudsman v. (2) When the intervenor is the Republic [Lim v.
Samaniego (2010)] Pacquing (1995)]
(3) Intervention may be allowed after judgment
where necessary to protect some interest
Legal Interest
which cannot otherwise be protected, and for
Interest must be of a direct and immediate the purpose of preserving the intervenor’s
character so that the intervenor will either gain or right to appeal [Pinlac v. CA (2003)]
lose by the direct legal operation of the
judgment. The interest must be actual and Remedies for Denial of Motion for Intervention
material, a concern which is more than mere (1) The movant may file a motion for
curiosity, or academic or sentimental desire; it reconsideration since the denial of a motion
must not be indirect and contingent, indirect and for intervention is an interlocutory order.
(2) Alleging grave abuse of discretion, movant
remote, conjectural, consequential or collateral.
can also file a certiorari case.
[Virra Mall Tenants v. Virra Mall, G.R. No. 182902
(2011)] E.1.7 Reply
The plaintiff’s response to the defendant's
Requisites for a Valid Intervention answer, the function of which is to deny or allege
(1) There must be a motion for intervention filed facts in denial or in avoidance of new matters
before judgment is rendered by the trial court.
alleged by way of defense in the answer and
(2) Movant must show in his motion:
(a) That he has a legal interest: thereby join or make issue as to such new
(i) in the matter of litigation, matters. [Sec. 10, Rule 6]
(ii) in the success of either party in the
action, or Effect of Failure to Reply
(iii) against both parties. GENERAL RULE: Filing a reply is merely optional.
(b) That the movant is so situated as to be New facts that were alleged in the answer are
adversely affected by a distribution or other deemed controverted should a party fail to reply
disposition of property in the custody of thereto.
the court or an officer thereof
EXCEPTION: When a Reply is necessary
(c) That the intervention must not unduly
delay or prejudice the adjudication of the (a) To set up affirmative defenses on the
rights of the original parties; and counterclaim [Rosario v. Martinez (1952)]
(d) That the intervenor’s rights may not be (b) Where the answer alleges the defense of usury
fully protected in a separate proceeding. in which case a reply under oath should be
made; otherwise, the allegation of usurious
How to Intervene interest shall be deemed admitted [Rule 8,
Sec. 8; Sun Bros. v. Caluntad (1966)]
(1) With leave of court, the court shall consider
(c) Where the defense in the answer is based on
the 2 factors
an actionable document, a reply under oath
(2) Motion to intervene may be filed at any time
must be made; otherwise, the genuineness
before judgment is rendered by trial court
and due execution of the document shall be
(3) Copy of the pleadings-in-intervention shall deemed admitted. [Sec. 11, Rule 8; Toribio v.
be attached to the motion and served on the Bidin (1985)]
original parties

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Counter-counterclaim (c) Does not require for its adjudication the


A claim asserted against an original counter- joinder of third parties; and
claimant. (d) Is not the subject of another pending
action, the claim shall be filed as a
counterclaim in the Response; otherwise,
Counter-cross-claim
the defendant shall be barred from suit on
A claim filed against an original cross-claimant. the counterclaim.
E.2. PLEADINGS ALLOWED IN SPECIAL RULES The defendant may also elect to file a
E.2.1. Rule on Summary Procedure counterclaim against the plaintiff that does not
The only pleadings allowed to be filed are: arise out of the same transaction or occurrence,
(1) Complaints provided that the amount and nature thereof are
(2) Compulsory counterclaims pleaded in the within the coverage of this Rule and the
Answer prescribed docket and other legal fees are paid.
(3) Cross-claims pleaded in the Answer; and
(4) Answers thereto [Sec. 3[A], II] NOTE: Courts decision shall be contained in Form
13-SCC
Prohibited Pleadings, Motions, or Petitions [Sec.
19]
Prohibited Pleadings and Motions [Sec. 14]
(1) Motion to dismiss the complaint or to quash
(1) Motion to dismiss the complaint except on the
the complaint or information except on the
ground of lack of jurisdiction;
ground of lack of jurisdiction over the subject
(2) Motion for a bill of particulars;
matter, or failure to comply with required
(3) Motion for new trial, or for reconsideration of
barangay conciliation proceedings;
a judgment, or for reopening of trial;
(2) Motion for a bill of particulars;
(4) Petition for relief from judgment;
(3) Motion for new trial, or for reconsideration of
(5) Motion for extension of time to file pleadings,
a judgment, or for opening of trial;
affidavits, or any other paper;
(4) Petition for relief from judgment;
(6) Memoranda;
(5) Motion for extension of time to file pleadings,
(7) Petition for certiorari, mandamus, or
affidavits or any other paper;
prohibition against any interlocutory order
(6) Memoranda
issued by the court;
(7) Petition for certiorari, mandamus, or
(8) Motion to declare the defendant in default;
prohibition against any interlocutory order
(9) Dilatory motions for postponement;
issued by the court;
(10) Reply;
(8) Motion to declare the defendant in default;
(11)Third-party complaints; and
(9) Dilatory motions for postponement;
(12) Interventions.
(10) Reply;
(11)Third party complaints; and
E.3. PARTS OF A PLEADING
(12) Interventions.
E.3.1 Caption
E.2.2. Rule of Procedure for Small Claims Cases That part of the pleading which sets forth the:
Forms: (1) The name of the court;
(1) Instead of filing a Complaint, a Statement of (2) The title of the action (i.e. the names of the
Claim using Form 1-SCC shall be filed [Sec. 5] parties); and
(2) Answer shall be filed by way of a Response (3) The docket number, if assigned. [Sec. 1, Rule
using Form 3-SCC [Sec. 10] 7]
(3) Defendant may file counterclaim if he
possesses a claim against the plaintiff that Body – that part of the pleading which sets forth
(a) Is within the coverage of this Rule, its designation, the allegations of party's claims
exclusive of interest and costs; or defenses, the relief prayed for, and its date.
(b) Arises out of the same transaction or event
that is the subject matter of the plaintiff’s (1) Paragraphs must be numbered, and each
claim; paragraph number must contain a single set
of circumstances
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(2) Headings should be used if there is more than (11) Petition for certiorari against judgments,
one cause of action in the Complaint, and if final orders, or resolutions of constitutional
paragraphs in the Answer address one or commissions [Sec. 2, Rule 64]
more causes of action from the Complaint. (12) Petition for certiorari [Sec. 1, Rule 65]
(3) Should specify relief sought, but it may add a (13) Petition for prohibition [Sec. 2, Rule 65]
general prayer for such further or other relief (14) Petition for mandamus [Sec. 3, Rule 65]
as may be deemed just or equitable; also (15) Petition for quo warranto [Sec. 1, Rule 66]
called the “prayer” (16) Complaint for expropriation [Sec. 1, Rule
(4) Every pleading shall be dated. [Sec. 2, Rule 7] 67]
(17) Complaint for forcible entry or unlawful
E.3.2. Signature and Address detainer [Sec. 4, Rule 70]
Every pleading must be signed by the party or (18) Petition for indirect contempt [Sec. 4,
counsel representing him. The address must be Rule 71]
stated and such address must not be a post office (19) Petition for appointment of a general
box. [Sec. 3, Rule 7] guardian [Sec. 2, Rule 93]
(20) Petition for leave to sell or encumber
property of the ward by a guardian [Sec. 1,
Effect of Unsigned Pleading
Rule 95]
An unsigned pleading produces no legal effect.
(21) Petition for declaration of competency of
However, the court may allow such deficiency to a ward [Sec. 1, Rule 97]
be remedied if it appears that: (22) Petition for habeas corpus [Sec. 3, Rule
(1) It was due to mere inadvertence; and 102]
(2) It was not intended for delay [Sec. 3, Rule 7] (23) Petition for change of name [Sec. 2, Rule
103]
E.3.3. Verification and Certification Against Forum (24) Petition for voluntary judicial dissolution
Shopping of a corporation [Sec. 1, Rule 104]
(25) Petition for cancellation or correction of
Verification as a Rule Not Required entries in the civil registry [Sec. 1, Rule 108]
A pleading need not be under oath, verified or
How verified [Sec. 4, Rule 7]
accompanied by affidavit, unless otherwise
By an affidavit declaring that:
provided by law or rules. [Sec. 4, Rule 7]
(1) That the affiant has read the pleading; and
(2) That the allegations therein are true and
Verification is required in the following instances:
correct of his personal knowledge or based
(1) Pleadings filed in the inferior courts in cases on authentic documents.
covered by the Rules on Summary Procedure
[Sec. 3, B] Who Executes Verification
(2) Petition for relief from judgment or order [Sec.
3, Rule 38] Verification is deemed substantially complied
(3) Petition for review from RTC to the CA [Sec. 1, with when one who has ample knowledge to
Rule 42] swear to the truth of the allegations in the
(4) Petition for review from quasi-judicial complaint or petition signs the verification, and
agencies to the CA [Sec. 5, Rule 43] when matters alleged in the petition have been
(5) Appeal by certiorari from the CTA to the SC made in good faith or are true and correct. [Altres
[Sec. 12, RA 9282 amending Sec. 19, RA 1125] v. Empleo, G.R. No. 180986 (2008)]
(6) Appeal by certiorari from CA to the SC [Sec. 1,
Rule 45]
Effect of noncompliant or defective verification
(7) Petition for annulment of judgments or final
orders and resolutions [Sec. 1, Rule 47] Noncompliance therewith or a defect therein
(8) Complaint for injunction [Sec. 4, Rule 58] does not necessarily render the pleading fatally
(9) Application for appointment of receiver [Sec. defective. The court may order its submission or
1, Rule 59] correction or act on the pleading if the attending
(10) Application for support pendente lite circumstances are such that strict compliance
[Sec. 1, Rule 69]
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with the Rule may be dispensed with in order that


the ends of justice may be served thereby. [Altres Rationale: The plaintiff, not the counsel, is in the
v. Empleo, G.R. No. 180986 (2008)] best position to know whether he or it has
actually filed or caused the filing of a petition.
Forum Shopping Certification signed by counsel without proper
The repeated availment of several judicial authorization is defective, and a valid cause for
remedies in different courts, simultaneously or dismissal. [Anderson v. Ho, G.R. No. 172590
successively, all substantially founded on the (2013)]
same transactions and the same essential facts
and circumstances, and all raising substantially If, for justifiable reasons, the party-pleader is
the same issues, either pending in or already unable to sign, he must execute a Special Power
resolved adversely by some other court. [Asia of Attorney designating his counsel of record to
United Bank v. Goodland Company, Inc., G.R. No. sign on his behalf. [Vda. de Formoso v. PNB, G.R.
191388 (2011)] No. 154704 (2011)]

Test to determine existence of Forum Shopping E.3.3.1. Verification/CNFS for Corporation


Whether in the two or more cases pending, there The certification must be executed by an officer,
is identity of: or member of the board of directors, or by one
(1) Parties; who is duly authorized by a board resolution;
(2) Rights or causes of action; and otherwise, the complaint will have to be
(3) Relief sought [Huibonhoa v. Concepcion, G.R. dismissed. [Cosco Philippines Shipping, Inc. v.
No. 153785 (2005)] Kemper Insurance, Co., G.R. No. 179488 (2012)]

Certificate of Non-Forum Shopping (CNFS) However, the Court has ruled that a President of
A sworn statement in which the plaintiff or a corporation can sign the verification and CNFS,
principal party certifies in a complaint or initiatory without the benefit of a board resolution. It also
pleading: allowed the following persons to sign:
(1) That he has not commenced any action or filed (1) The Chairperson of the Board;
any claim involving the same issues in any (2) The General Manager or acting GM;
court or tribunal, and to the best of his (3) A personnel officer; and
knowledge, no such other action is pending; (4) An employment specialist in a labor case.
(2) That if there is such other pending action or
claim, a complete statement of the present However, the better procedure would be to
status thereof; and append a board resolution to obviate questions
(3) That if he should learn that the same or a
similar action has been filed or is pending, he regarding the authority of the signatory. [South
shall report such fact within 5 days to the court Cotabato Communications Corp. v. Sto. Tomas,
receiving his initiatory pleading. [Sec. 5, Rule G.R. No. 173326 (2010)]
7]
Belated submission of written authority has been
CNFS is not required in a compulsory found to be substantial compliance with the rule,
counterclaim, as this is not an initiatory pleading. especially when the acts were also ratified by the
[UST Hospital v. Surla, G.R. No. 129718 (1998)] Board. [Swedish Match Philippines v. Treasurer of
However, a certification is needed in permissive the City of Manila, G.R. No. 181277 (2013)]
counterclaims [Korea Exchange Bank v. Gonzales,
G.R. No. 142286 (2005)] Effect of noncompliant CNFS
Defect Effect
Who Executes the CNFS
It is the plaintiff or principal party who executes
the certification under oath. [Sec. 5, Rule 7]
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Not curable by mere


E.4.1. Manner of Making Allegations
amendment
Facts that must be averred particularly –
Cause for dismissal of Circumstances showing fraud or mistake [Sec. 5,
Failure to comply with
the case, without Rule 8]
the requirements
prejudice unless
otherwise provided, Facts that may be averred generally
upon motion and (1) Conditions precedent [Sec. 3, Rule 8]
after hearing (2) Capacity to sue or be sued;
(3) Capacity to sue or be sued in a representative
False certification Constitutes indirect capacity; [Sec. 4, Rule 8]
contempt, without (4) Legal existence of an organization [Sec. 4,
Noncompliance with prejudice to Rule 8]
any undertaking administrative and (5) Malice, intent, knowledge, or other condition
criminal actions of the mind; [Sec. 5, Rule 8]
(6) Judgments of domestic and foreign courts,
Ground for summary tribunals, boards or officers (without need to
dismissal, with show jurisdiction); [Sec. 6, Rule 8]
prejudice (7) Official documents/acts. [Sec. 9, Rule 8]

Willful and deliberate E.4.1.1. Condition Precedent


Direct contempt
forum shopping If the cause of action depends upon a condition
precedent, its fulfillment or legal excuse for non-
Cause for
fulfillment must be averred.
administrative
sanctions A general averment of the performance or
occurrence of all conditions precedent shall be
sufficient [Sec. 3, Rule 8]
E.3.4. Effect of Signature of Counsel
This constitutes a certificate by him that: All valid conditions precedent to the institution of
(4) He has read the pleading a particular action, whether prescribed by
(5) That to the best of his knowledge, statute, fixed by agreement of the parties, or
information, and belief there is good ground implied by law must be performed or complied
to support it; and
with before commencing the action. Such fact
(6) That it is not interposed for delay [Sec. 3, Rule
7] must be pleaded.

E.4. ALLEGATIONS IN A PLEADING Failure to comply with a condition precedent is a


ground for a motion to dismiss [Sec. 1(j), Rule 16]
Every pleading shall contain a statement of the
ultimate facts on which the party pleading relies
Examples of Conditions Precedent
for his claim or defense
(1) Exhaustion of administrative remedies;
(1) In a methodical and logical form (2) Investigation by a fiscal is a prerequisite to
(2) A plain, concise and direct statement annulment of marriage when defendant
(3) Statement of mere evidentiary facts omitted defaults [Tolentino v. Villanueva (1974)];
[Sec. 1, Rule 8] (3) No suit shall be filed or maintained between
members of the same family unless it should
If a defense relied on is based on law, state in a appear that earnest efforts at compromise
clear and concise manner: have been made but that the same have
(1) Pertinent provisions of the law failed. [Art. 222, Family Code; Versoza v.
(2) Applicability of the law to him [Sec. 1, Rule 8] Versoza (1968)];
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(4) Arbitration; and Sufficient to aver that the document was issued,
(5) Barangay Conciliation or the act done, in compliance with law. [Sec. 9,
Rule 8]
Capacity
The following must be averred: E.4.2. Pleading in an Actionable Document
(1) Facts showing the capacity of a party to sue or
be sued; or
Actionable Document
(2) The authority to sue or be sued in a
representative capacity; or An actionable document is the written instrument
(3) The legal existence of an organized upon which the action or defense is based. Where
association of persons that is made a party a pleader relies upon a document, its substance
[Sec. 4, Rule 8] must be set out in the pleading either by its terms
or by its legal effects [Sec. 7, Rule 8]
NOTE: A party desiring to raise an issue as to the
legal existence or capacity of any party to sue or A receipt is not an actionable document upon
be sued in a representative capacity shall do so by which an action or defence may be founded. It is
specific denial which shall include supporting a mere written and signed acknowledgment that
particulars within the pleader's knowledge. money was received. There are no terms and
conditions found therein from which a right or
obligation may be established. [Ogawa v.
E.4.1.2 Fraud, mistake, malice, intent, knowledge, Menigishi, G.R. No. 193089 (2012)]
and other condition of the mind, judgments,
official documents or acts Pleading the Document
(1) The substance of such document shall be set
Fraud, mistake, malice, intent, knowledge, and forth in the pleading; and the original or a copy
other condition of the mind shall be attached as an exhibit; or
In all averments of fraud or mistake, the (2) Said copy may with like effect be set forth in
circumstances constituting fraud or mistake mist the pleading [Sec. 7, Rule 8]
be stated with particularity. Malice, intent,
A variance in the substance of the document set
knowledge or other condition of the mind of a
forth in the pleading and the document annexed
person may be averred generally. [Sec. 5, Rule 8]
thereto does not warrant dismissal of the action
[Convets Inc. v. National Dev. Co., G.R. No. L-
These particulars would necessarily include the 10232 (1958)]
time, place and specific acts of fraud committed.
The reason for this rule is that an allegation of How to Contest an Actionable Document [Sec. 8,
fraud concerns the morality of the defendant’s Rule 8]
conduct and he is entitled to know fully the GENERAL RULE:
ground on which the allegations are made, so he (1) By specific denial under oath; and
may have every opportunity to prepare his case to (2) By setting forth what is claimed to be the facts
clear himself at the trial. [Guy v. Guy, G.R. No.
189486 (2012)] EXCEPTIONS: Denial need not be under oath
when:
Judgment (1) The adverse party does not appear to be a
In pleading a judgment or decision of a domestic party to the instrument, or
or foreign court, judicial or quasi-judicial tribunal, (2) Compliance with an order for inspection of the
document has been refused.
or of a board or officer, it is sufficient to aver the
judgment or decision without setting forth matter Effect of Failure to Deny Under Oath
showing jurisdiction to render it. [Sec. 6, Rule 8] (1) The genuineness and due execution is
deemed admitted
Official Documents or Acts
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(2) The document need not be formally offered in


evidence NOTE: Denial by disavowal of knowledge must be
availed of with sincerity and in good faith –
Due Execution and Genuineness certainly neither for the purpose of confusing the
That the party whose signature it bears admits adverse party as to what allegations of the
that he signed it or that it was signed by another complaint are really put in issue nor for the
for him with his authority; that it was in words and purpose of delay. [Barnes v. Reyes, G.R. No. L-
figures exactly as set out in the pleading of the 9531 (1958)]
party relying upon it; that the document was
delivered and that any formal requisites required E.4.3.1. Effect of Failure to Make Specific Denials
by law, such as a seal, an acknowledgment, or GENERAL RULE: Allegations not specifically
revenue stamp, which it lacks, are waived by him. denied are deemed admitted [Sec. 11, Rule 8]
[Hibberd v. Rohde and Mcmillian, G.R. No. 8418 EXCEPTIONS:
(1915)] (1) Allegations as to the amount of unliquidated
damages;
E.4.3 Specific Denials (2) Allegations immaterial to the cause of action
The purpose of requiring the defendant to make (3) Allegations of merely evidentiary or
a specific denial is to make him disclose the immaterial facts may be expunged from the
pleading or may be stricken out on motion.
matters alleged in the complaint which he
[Sec. 12, Rule 8]
succinctly intends to disprove at the trial, (4) Conclusions of law.
together with matters which he relied upon to
support the denial. The parties are compelled to Specific Denials Requiring an Oath
lay their cards on the table. [Philippine Bank of Specific denial under oath is required for the
Communications v. Go, G.R. No. 175514 (2011)] following:
(1) Denial of the genuineness and due execution
A denial does not become specific merely of an actionable document; [Sec. 8, Rule 8]
because it is qualified by that word. [Agton v. CA, and
G.R. No. L-37309 (1982)] (2) Denial of allegations of usury. [Sec. 11, Rule 8]

A general denial will be deemed an admission of NOTE: Under CB Circular No. 905 (1982), the
the material averments in the complaint. [Sec. 11, Usury Law is legally inexistent. [Medel v. CA, G.R.
Rule 8] No. 131622 (1998)]

Modes of Specific Denial E.5. EFFECT OF FAILURE TO PLEAD


(1) Specific Absolute Denial - Defendant must
specify each material allegation of fact the
truth of which he does not admit, and, E.5.1. Failure to Plead Defenses and Objections
whenever applicable, set forth the substance
of matters relied upon to support the denial GENERAL RULE: Defenses and objections not
(2) Partial Specific Denial - If pleader decides to pleaded in the answer or motion to dismiss are
deny only a part or a qualification of an deemed waived. [“Omnibus Motion Rule,” Sec. 1,
averment: Rule 9]
(a) He shall specify so much of it as is true and
material
(b) He shall deny the remainder EXCEPTIONS:
(3) Denial by Disavowal of Knowledge – The (1) Lack of jurisdiction over the subject matter;
defendant states that he is without knowledge (2) Litis pendentia
or information sufficient to form a belief as to (3) Res judicata
the truth of a material averment; has the (4) Action barred by statute of limitations. [Sec. 1,
effect of a denial Rule 9]

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NOTE: These exceptions also empower the courts There is only one instance when a party
to motu proprio dismiss an action where such defendant can properly be declared in default
grounds appear from the pleadings or the and that is when he fails to file his answer within
evidence on record [Sec. 1, Rule 9]. the reglementary period [Rule 11], or within such
extended time as he is allowed by the court. [Sec.
E.5.2 Failure to Plead Compulsory Counterclaims 11, Rule 11]
and Cross-Claims
Requisites before a Declaration of Default
GENERAL RULE: A compulsory counterclaim, or (1) The court must have validly acquired
a cross-claim, not set up shall be barred. [Sec. 2, jurisdiction over the person of the defendant
Rule 9] either by service of summons or voluntary
appearance
EXCEPTION: If due to oversight, inadvertence, (2) The defendant failed to file his answer within
the time allowed therefor
excusable neglect, etc. the compulsory
(3) There must be a motion by the plaintiff to
counterclaim or a cross-claim, with leave of court, declare the defendant in default with notice to
may be set up by amendment before judgment. the latter
[Sec. 10, Rule 11] (4) There must be notice to the defendant by
serving upon him a copy of such motion
E.6. DEFAULT (5) There must be proof of such failure to answer
(6) There must be a hearing to declare defendant
Failure of the defendant to answer within the
in default
proper period. [Sec. 3, Rule 9]
E.6.2 Effect of Order of Default
Dual stages of default (1) The party declared in default cannot take part
(1) Declaration of Order of Default – when in the trial. However, he may still participate
defendant fails to answer within the time as a witness [Cavili v. Florendo, G.R. No. 73039
specified in the rules, the court shall, upon (1987)] and is entitled to notices of subsequent
motion of the plaintiff and proof of such proceedings. [Sec. 3, Rule 9]
failure, declare defendant in default In all, the defendant should receive the
(2) Rendition of Judgment by Default – thereafter, following notices:
on the basis of the allegation of the complaint
(a) Motion to declare him in default;
or after receiving plaintiff’s evidence, the court
shall render judgment granting him such (b) Order declaring him in default;
relief as the complaint and the facts proven (c) Subsequent proceedings;
may warrant (d) Service of final orders and judgments.
(2) The court may either:
(a) Proceed to render judgment granting the
Order of default Judgment by default claimant such relief as his pleading may
warrant; or
Issued by the court on
Rendered by the court (b) Require the claimant to submit evidence,
plaintiff’s motion, for which need not be received by the court
following a default
failure of the personally but may be received by the clerk
order or after it
defendant to of court
received ex parte
seasonably file his A declaration of default is not tantamount to
plaintiff’s evidence
responsive pleading an admission of the truth or validity of the
plaintiff’s claims. [Monarch Insurance v. CA,
Interlocutory – G.R. No. 92735 (2000)]
Final – Appealable
Unappealable (3) A defending party declared in default retains
the right to appeal from the judgment by
default. However, the grounds that may be
E.6.1 When Declaration of Default is Proper raised in such an appeal are restricted to any
of the following:
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(a) The failure of the plaintiff to prove the Partial default takes place when the complaint
material allegations of the complaint; states a common cause of action against several
(b) The decision is contrary to law; and defendants, and only some of whom answer.
(c) The amount of judgment is excessive or
different in kind from that prayed for.
Effects:
[Otero v. Tan, G.R. No. 200134 (2012)]
(1) The court should declare defaulting
E.6.3 Relief from an Order of Default [Lina v. CA, defendants in default, and proceed to trial on
G.R. No. L-63397] answers of others
(1) After notice of the Order and before judgment (2) If the defense is personal to the one who
– file a motion under oath to set aside the answered, it will not benefit those who did not
Order; which: answer.
(a) must be made by motion under oath by one
who has knowledge of the facts; E.6.5. Extent of Relief to be Awarded
(b) it must be shown that the failure to file (1) A judgment rendered against a party in
answer was due to fraud, accident, mistake default shall not exceed the amount or be
or excusable negligence; different in kind from that prayed for nor
(c) there must be a proper showing of the award unliquidated damages
existence of meritorious defense, which (2) If the claim is not proved, it should be
means his motion must be accompanied by dismissed
a statement of the evidence which he
intends to present if the motion is granted On the other hand, in a judgment where an
and which is such as to warrant a answer was filed but defendant did not appear at
reasonable belief that the result of the case the hearing, the award may exceed the amount or
would probably be otherwise if a new trial be different in kind from that prayed for. [Datu
is granted. [Kilosbayan v. Janolo, G.R. No.
Samad Mangelen v. CA, G.R. No. 88954 (1992)]
180543 (2010)]
(2) After rendition of Judgment, before judgment Note that the defendant, having filed an answer,
becomes final and executory – may file: was not in default in this situation.
(a) a motion for new trial under Rule 37; or
(b) an appeal from the judgment for being E.6.6. Actions Where Default is Not Allowed
contrary to the evidence or law (1) Action for annulment or declaration of nullity
(3) After judgment becomes final and executory – of marriage
may file (2) Action for legal separation
(a) a petition for relief under Rule 38 (if (3) Special civil actions of certiorari, prohibition
judgment obtained through fraud, and mandamus where comment instead of an
accident, mistake, or excusable answer is required to be filed
negligence, within 60 days from notice of (4) Cases covered by Rules on Summary
the judgment, but within 6 months from Procedure
entry thereof); or (5) In expropriation proceedings, whether or not a
(b) annulment of judgment under Rule 47 (If defendant has previously appeared or
based on extrinsic fraud, within four (4) answered, he may present evidence as to the
years from its discovery; and if based on amount of compensation to be paid for his
lack of jurisdiction, before it is barred by property in the trial of the issue of just
laches or estoppel.) compensation. [Sec. 3, par. 3, Rule 67]

These remedies presuppose that there was a


valid order of default, but the defendant may also
file a petition for certiorari when he is improperly
declared in default. [Riano]

E.6.4. Effect of Partial Default

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DEFAULT IN ORDINARY
PROCEDURE

After the lapse of time If motion denied:


to file an answer, the Defendant allowed to
plaintiff may move to file an answer
declare the defendant
in default

If motion granted:
Court issues order of
default and renders
judgment or require
plaintiff to submit
evidence ex parte

Before judgment by
default is rendered,
defendant may:
(1) Move to set aside
order of default upon Court maintains order
showing of FAME and of default
that he has a
meritorious defense;
(2) Avail of Rule 65 in
proper cases

Court sets aside


order of default and
defendant is allowed
to file an answer

Presentation of
plaintiff’s evidence
ex-parte

Case set for pre-trial

If plaintiff proves his If plaintiff fails proves


allegations: his allegations:
Judgment by default Case is dismissed

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F. FILING AND SERVICE OF PLEADINGS claim left for determination by the court,
then the additional filing fee shall
F.1 PAYMENT OF DOCKET FEES constitute a lien on the judgment
GENERAL RULE: The court acquires jurisdiction (5) Limitation on the claims covered by fees as lien
over the case only upon payment of prescribed [Metrobank v. Perez, G.R. No. 181842 (2010)]
fees. Without payment, the case is considered not • Claims not specified or claims although
filed. Payment of docket fees is mandatory and specified are left for determination of the
court are limited only to any damages that
jurisdictional.
may arise after the filing of the complaint or
similar pleading for then it will not be
It is not simply the filing of the complaint or possible for the claimant to specify nor
appropriate initiatory pleading but the payment speculate as to the amount thereof
of the prescribed docket fee that vests a trial
court with jurisdiction over the subject matter or F.2 FILING VERSUS SERVICE OF PLEADINGS
nature of the action [Proton Pilipinas v. Banque
National de Paris, G.R. No. 151242 (2005)] Filing is the act of presenting the pleading or
other paper to the clerk of court. [Sec. 2, Rule 13]
Effect of Failure to Pay Docket Fees at Filing
(1) The Manchester Rule [Manchester v. CA, G.R. Service is the act of providing a party or his
No. 75919 (1987)] counsel with a copy of the pleading or paper
• Automatic Dismissal concerned. [Sec. 2, Rule 13]
• Any defect in the original pleading
resulting in underpayment of the docket Papers required to be filed and served [Sec. 4,
fees cannot be cured by amendment, such
Rule 13]
as by the reduction of the claim as, for all
legal purposes, there is no original (1) Pleading subsequent to the complaint;
complaint over which the court has (2) Appearance;
acquired jurisdiction (3) Written Motion;
(2) Relaxation of the Manchester Rule, [Sun (4) Notice;
Insurance v. Asuncion, G.R. No. 79937 (1989)] (5) Order;
• NOT automatic dismissal (6) Judgment;
• Court may allow payment of fees within a (7) Demand;
reasonable time, but in no case beyond the (8) Offer of Judgment;
expiration of the applicable prescriptive (9) Resolution;
period of the action filed. (10) Similar papers.
(3) Exception to the Sun Insurance doctrine
[Gochan v. Gochan, G.R. No. 146089 (2001)] F.3. PERIODS OF FILING OF PLEADINGS
• The Sun Insurance rule allowing payment
of deficiency does not apply where plaintiff Period Reckoning Point
never demonstrated any willingness to Answer to the Complaint
abide by the rules to pay the docket fee but
stubbornly insisted that the case filed was Service of summons,
one for specific performance and damages. General rule: Within 15 unless a different
(4) Further modification [Heirs of Hinog v. Melicor,
days period is fixed by the
G.R. No. 140954 (2005)]
• Docket fees as lien court [Sec. 1, Rule 11]
• Where the trial court acquires jurisdiction Foreign private
over a claim by the filing of the pleading
juridical entity
and the payment of the prescribed filing Receipt of summons
fee, but subsequently, the judgment defendant, summons
[Sec. 2, Rule 11]
awards a claim not specified in the through government
pleading, or cannot then be estimated, or a official: Within 30 days
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Non-resident
F.4. MANNER OF FILING
defendant, with
extraterritorial service Service of extrajudicial
of summon: summons [Sec. 15, Personal Filing [Sec. 3, Rule 13]
reasonable time not Rule 14] By personally presenting the original copy of the
less than 60 days set pleading, notice, appearance, motion, order, or
by court judgment to the clerk of court.

Answer to Amended Complaint Deemed filed upon the receipt of the same by the
clerk of court who shall endorse on it the date and
Amendment was hour of filing.
Service of a copy of the
matter of right: Within
amended complaint
15 days Filing by Registered Mail [Sec. 3, Rule 13]
Amendment not Notice of the order Filing by mail should be through the registry
matter of right: Within admitting the same service (i.e. by depositing the pleading in the post
10 days [Sec. 3, Rule 11] office).

Answer to Counterclaim or Cross-Claim Deemed filed on the date it was deposited with
the post office, as shown by the post office stamp
From service [Sec. 4, on the envelope or the registry receipt.
Within 10 days
Rule 11]
NOTE: Filing a pleading by facsimile is not
Answer to third (fourth, etc)-party complaint
sanctioned. But fax was allowed in an extradition
Same rule as answer case, where a request for provisional arrest, not a
Within 15 days to the complaint [Sec. pleading, was in issue [Cuevas v. Muoz, G.R. No.
5, Rule 11] 140520 (2000)]

Reply
Filing by Private Carrier
From service of the If a party avails of a private carrier, the date of the
Within 10 days pleading responded to court’s actual receipt of the pleading (not the
[Sec. 6, Rule 11] date of delivery to the private carrier) is deemed
to be the date of the filing of that pleading.
Answer to supplemental complaint [Benguet Electric Cooperative v. NLRC, G.R. No.
From notice of the 89070 (1992)]
order admitting the
Within 10 days same, unless a Completeness of
different period is fixed Filing
by the court [Sec. 3, Rule 13]

Filing by registered
Personal filing
mail
Extension of Time to Plead
Upon motion and on such terms as may be just, On the date the
the court may extend the time to plead provided Upon receipt by the pleading was
in these Rules. The court may also, upon like clerk of court deposited with the
terms, allow an answer or other pleading to be post office
filed after the time fixed by these Rules. [Sec. 11,
Rule 11]
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F.5. MODES OF SERVICE (2) Office and place of residence of the party or his
counsel being unknown
F.5.1. Personal Service
Service is complete at the time of such delivery.
[Sec. 6, Rule 13]
(1) Delivering personally a copy to the party, who F.5.4. Service of Judgments, Final Orders, or
is not represented by a counsel, or to his
Resolutions
counsel; or
(2) Leaving a copy in counsel’s office with his clerk Service is done either:
or with a person having charge thereof; or (1) Personally
(3) Leaving the copy between 8am and 6pm at (2) By registered mail
the party’s or counsel’s residence, if known, (3) By publication, if:
with a person of sufficient age and discretion (a) A party is summoned by publication; and
then residing thereon – if not person is found (b) Such party failed to appear in the action
in his office, or if his office is unknown, or if he
has no office NOTE: There is NO substituted service of
judgments and final orders.
F.5.2. Service by Mail
[Sec. 7, Rule 13] F.5.5. Priorities in Modes of Service and Filing
(1) Ordinary Mail - it does not constitute filing GENERAL RULE: Personal filing and service is
until the papers are actually delivered into the preferred. [Sec. 11, Rule 13]
custody of clerk or judge
(a) Service may be done by ordinary mail if no Resort to other modes of filing and service must
registry service is available in the locality of be accompanied by an explanation why the
either sender or addressee
service/filing was not done personally. If there is
(2) Registered Mail - The date of mailing is the
date of filing no written explanation, the paper is considered
(a) Date of filing is determinable from 2 not filed.
sources:
(i) From the post office stamp on the EXCEPTION: Papers emanating from the court.
envelope
(ii) From the registry receipt F.5.6. When service is deemed complete
(b) It is done by depositing in the post office:
(c) In a sealed envelope Completeness of service [Sec. 10, Rule 13]
(d) Plainly addressed to the party or his
counsel Personal service
(i) At his office if known
(ii) Otherwise, at his residence if known Upon actual delivery
(e) Postage fully pre-paid
(f) With instructions to the postmaster to Service by ordinary mail
return the mail to the sender after 10 days
10 days after mailing, unless otherwise
if undelivered
provided by the court
F.5.3. Substituted Service
Service by registered mail
[Sec. 8, Rule 13]
Done by delivery of the copy to the clerk of court Whichever is earlier of:
with proof of failure of both personal and service (1) Actual receipt by the addressee; or
by mail (2) 5 days after addressee received
postmaster's notice
Proper only when:
Substituted Service
(1) Service cannot be made personally or by mail

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At the time of delivery of the copy to the clerk of Service by ordinary mail
court together with proof of failure of both
Affidavit of person mailing of facts showing
personal service and service by mail
compliance with Sec. 7 of Rule 13.

F.5.7. Proof of Filing and Service Service by registered mail

GENERAL RULE: The filing of a pleading or paper (1) Affidavit of person mailing showing
is proved by its existence in the record of the case compliance as above; and
[Sec. 12, Rule 13] (2) Registry receipt issued by the post office

EXCEPTION: When the pleading or paper is not in Substituted Service


the record, its filing may be proved as shown
At the time of delivery of the copy to the clerk of
below
court together with proof of failure of both
personal service and service by mail
Proof of filing
[Sec. 12, Rule 13]
Duties of sender when service is effected by
Personal filing registered mail:
(1) The registry return card shall be filed
Written or stamped acknowledgment by the immediately upon its receipt by the sender; or
clerk of court (2) The unclaimed letter together with the
certified or sworn copy of the notice given by
Filing by registered mail the postmaster to the addressee shall likewise
be filed immediately. [Sec. 13, Rule 13]
(1) Registry receipt, and
(2) Affidavit of the person who did the mailing Service to the lawyer binds the party. But service
to the party does not bind the lawyer, unless
In the case of filing by registered mail, when the ordered by the court in the following
paper does not appear in the record, the affidavit circumstances:
of the person who did the mailing must contain: (1) When it is doubtful who the attorney for such
(1) A full statement of the date and place of party is; or
depositing the mail in the post office (2) When the lawyer cannot be located; or
(2) The fact that the paper was in a sealed (3) When the party is directed to do something
envelope addressed to the court personally, as when he is ordered to show
(3) The fact that postage was fully paid cause. [Retoni, Jr. v. CA, G.R. No. 96776 (1993)]
(4) The fact that there were instructions to the
postmaster to return the mail to the sender It is a general rule that notice to counsel is notice
after 10 days if undelivered to parties. This rule’s application to a given case,
however, should be looked into and adopted,
Proof of service according to the surrounding circumstances;
otherwise, in the court's desire to make a short
[Sec. 13, Rule 13]
cut of the proceedings, it might foster, wittingly
Personal service or unwittingly, dangerous collusions to the
detriment of justice. It would then be easy for one
(1) Written admission of the party served; or lawyer to sell one's rights down the river, by just
(2) Official return of the server; or alleging that he just forgot every process of the
(3) Affidavit of the party serving, with a full court affecting his clients, because he was so
statement of the date/place/manner of busy. Under this circumstance, one should not
service. insist that a notice to such irresponsible lawyer is

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also a notice to his clients. [Bayog v. Natino, G.R. (2) Amendment of answer is before a reply is filed,
No. 118691 (1996)] or before the period for filing a reply expires,
and
(3) Amendment of reply any time within 10 days
G. AMENDMENT AND SUPPLEMENTAL after it is served
PLEADINGS
A motion to dismiss is not a responsive pleading
How to Amend Pleadings [Sec. 1, Rule 10] and does not preclude the exercise of the
(1) Adding an allegation of a party; plaintiff’s right to amend his complaint.
(2) Adding the name of a party; [Remington Industrial Sales v. CA, G.R. No.
(3) Striking out an allegation of a party; 133657 (2002)]
(4) Striking out the name of a party;
(5) Correcting a mistake in the name of a party; G.2. AMENDMENTS BY LEAVE OF COURT
and
(6) Correcting a mistaken or inadequate Leave of court is necessary in the following
allegation or description in any other respect instances:
(1) Further amendments after the party has
A new copy of the entire pleading, incorporating already amended his pleading as a matter of
the amendments, which shall be indicated by right; and
appropriate marks, shall be filed. [Sec. 7, Rule 10] (2) When a responsive pleading has already been
served.
Purpose: That the actual merits of the controversy
Requisites
may speedily be determined, without regard to
(1) A motion for leave of court to amend
technicalities, and in the most expeditious and
pleading is filed
inexpensive manner. [Sec. 1, Rule 10] Amended pleading should be attached to the
motion [Sec. 9, Rule 15]
The courts should be liberal in allowing
(2) Notice is given to the adverse party
amendments to pleadings to avoid a multiplicity (3) Parties are given opportunity to be heard
of suits and in order that the real controversies
between the parties are presented, their rights When amendment may not be allowed
determined, and the case decided on the merits (1) If amendment is intended to confer
without unnecessary delay. [Tiu v. Phil. Bank of jurisdiction to the court.
Communication, G.R. No. 151932 (2009)] As a If the court has no jurisdiction in the subject
general policy, liberality in allowing amendments matter of the case, the amendment of the
is greatest in the early stages of a law suit, complaint cannot be allowed so as to confer
decreases as it progresses and changes at times jurisdiction on the court over the property.
to a strictness amounting to a prohibition. This is [PNB v. Florendo, G.R. No. L-62082 (1992)]
further restricted by the condition that the (2) If amendment is for curing a premature or
amendment should not prejudice the adverse inexistent cause of action.
party or place him at a disadvantage. [Barfel The cause of action must exist at the time the
Development v. CA, G.R. No. 98177 (1993)] action was begun, and the plaintiff will not be
allowed by an amendment to introduce a
G.1. AMENDMENTS AS A MATTER OF RIGHT cause of action which had no existence when
the action was commenced. [Surigao Mine
A party may amend his pleading once as a matter Exploration v. Harris et al, G.R. No. L-45543
of right, at any time before a responsive pleading (1939)]
is served, thus: (3) If amendment is for purposes of delay.
(1) Amendment of complaint is before an answer
is served.

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Interestingly, Section 3, Rule 10 of the 1997 Rules (b) In the event of an objection sustained by
of Civil Procedure amended the former rule in the court, by an amendment of the
such manner that the phrase "or that the cause of complaint with leave of court
action or defense is substantially altered" was (2) Also allows admission of evidence on a
defense not raised in a motion or answer:
stricken-off and not retained in the new rules. The
(a) if no objection is made thereto; or
clear import of such amendment in Section 3, (b) in the event of such objection, upon
Rule 10 is that under the new rules, "the amendment of the answer with leave of
amendment may (now) substantially alter the court
cause of action or defense." This should only be
true, however, when despite a substantial change However, where the plaintiff has no cause of
or alteration in the cause of action or defense, the action at the time of the filing of the complaint,
amendments sought to be made shall serve the this defect cannot be cured or remedied in this
higher interests of substantial justice, and manner by the acquisition or accrual of one while
prevent delay and equally promote the laudable the action is pending.
objective of the rules which is to secure a "just,
speedy and inexpensive disposition of every Two Scenarios
action and proceeding. [Valenzuela v. CA, G.R. (1) No objection to the evidence is raised
No. 131175 (2012)] • Issues not raised in pleadings are tried by
express or implied consent of the parties;
they are treated in all respects as if they
G.3. FORMAL AMENDMENTS had been raised.
• Such amendments as may be necessary to
Instances cause the pleadings to conform to the
(1) Mere defect in the designation of the parties; evidence may be made upon motion of any
(2) Other clearly clerical or typographical errors party at any time, even after judgment
• Failure to amend does not affect the result
The formal amendment must not cause prejudice of the trial of those issues
to the adverse party. (2) Objection to the evidence is raised
• Objection on the ground that it is not within
How formal amendments are effected the issues made by the pleadings
• Court may allow the pleadings to be
(1) May be summarily corrected by the court at
amended and shall do so freely when the
any stage of the action
presentation of the merits of the action will
(2) A party may, by motion, call for the formal
be subserved
amendment
• As safeguard, the court may grant a
G.4. AMENDMENTS TO CONFORM TO OR continuance to enable the objecting party
AUTHORIZE PRESENTATION OF EVIDENCE to meet such evidence

[Sec. 5, Rule 10] G.5. SUPPLEMENTAL PLEADINGS


This is an instance wherein the court acquires
A pleading which sets forth transactions,
jurisdiction over the issues even if the same are
occurrences or events which have happened since
not alleged in the original pleadings, where the
the date of the pleading sought to be
trial of said issues is with the express or implied
supplemented. [Sec. 6, Rule 10]
consent of the parties.
Purpose: To bring into the records new facts
What Sec. 5 contemplates
which will enlarge or change the kind of relief to
(1) Allows a complaint which failed to state a
cause of action to be cured either by: which the plaintiff is entitled [Ada v. Baylon, G.R.
(a) Evidence presented without objection or No. 182435 (2012)]

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How Made: Upon motion of a party, with The writ by which the defendant is notified of the
reasonable notice and upon terms as are just. action brought against him [Licaros v. Licaros,
G.R. No. 150656 (2003)]
The admission or non-admission of a
supplemental pleading is not a matter of right Upon the filing of the complaint and the payment
but is discretionary on the court. of legal fees, the clerk of court shall issue the
corresponding summons to the defendants. [Sec.
Amended versus Supplemental Pleadings 1, Rule 14]
Supplemental
Amended Pleadings Contents
Pleadings
(1) Summons shall be:
Grounds for (a) Directed to the defendant
Reason for
supplemental (b) Signed by clerk of court under seal
amendment is (2) Summons shall contain:
pleading arose after
available at time of the (a) The name of the court, and the names of
the filing of the first
first pleading the parties to the action;
pleading
(b) A direction that the defendant answer
Either as a matter of within the time fixed by the Rules; and
Always by leave of (c) A notice that unless the defendant so
right or by leave of
court answers, plaintiff will take judgment by
court
default and may be granted the relief
Merely supplements, applied for.
Supersedes the (3) The following shall be attached to the original
and exists side-by-side
original and each copy of the summons:
with the original (a) A copy of the complaint; and
A new copy of the Does not require a new (b) An order for appointment of guardian ad
litem (if any)
entire pleading must copy of the entire
be filed pleading Who may Serve Summons
(1) The sheriff
(2) His deputy
Supplemental pleadings are not allowed on (3) Other proper court officer
separate and distinct causes of action but a (4) Any suitable person authorized by the court,
supplemental pleading may raise a new cause of for justifiable reasons. [Sec. 3, Rule 14]
action as long as it has some relation to the
The enumeration of persons who may validly
original cause of action set forth in the original
serve summons is exclusive. [Herrera]
complaint. [Ada v. Baylon, G.R. No. 182435
(2012)] H.1 NATURE AND PURPOSE OF SUMMONS IN
RELATION TO ACTIONS IN PERSONAM, IN
G.6. EFFECT OF AMENDED PLEADING REM, AND QUASI IN REM
(1) An amended pleading supersedes the
pleading that it amends Action in personam
(2) Admissions in the superseded pleading can A proceeding to enforce personal rights and
still be received in evidence against the obligations brought against the person and is
pleader (as extrajudicial admissions)
based on the jurisdiction of the person, although
(3) Claims or defenses alleged therein but not
incorporated or reiterated in the amended it may involve his right to, or the exercise of
pleading are deemed waived [Sec. 8, Rule 10] ownership of, specific property, or seek to compel
him to control or dispose of it in accordance with
H. SUMMONS the mandate of the court. The purpose of a
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proceeding in personam is to impose, through the Purpose of Summons in Actions in rem and quasi
judgment of a court, some responsibility or in rem
liability directly upon the person of the • Not to acquire jurisdiction over the defendant
defendant. [Domagas v. Jensen, G.R. No. 158407 but mainly to satisfy the constitutional
(2005)] requirement of due process
• Jurisdiction over the defendant is not required
Purpose of Summons in an Action in personam and the court acquires jurisdiction over an
action as long as it acquires jurisdiction over
• To acquire jurisdiction over the person of the the res
defendant in a civil case;
• To give notice to the defendant that an action H.2. VOLUNTARY APPEARANCE
has been commenced against him.
Any form of appearance in court, by the
Where the action is in personam, that is, one defendant, by his agent authorized to do so, or by
brought against a person on the basis of his attorney, is equivalent to service except where
personal liability, jurisdiction over the person of such appearance is precisely to object the
the defendant is necessary for the court to validly jurisdiction of the court over the person of the
try and decide the case. [Velayo-Fong v. Velayo, defendant [Carballo v. Encarnacion, G.R. No. L-
G.R. No. 155488 (2006)] 5675 (1953)]

Action in rem GENERAL RULE: Defendant's voluntary


Actions against the thing itself. They are binding appearance in the action shall be equivalent to
upon the whole world. "Against the thing" means service of summons. [Sec. 20, Rule 14]
that resolution of the case affects interests of
others whether direct or indirect. It also assumes EXCEPTIONS: Conditional appearance to file a
that the interests — in the form of rights or duties motion to dismiss challenging the court’s
— attach to the thing which is the subject matter jurisdiction.
of litigation. [De Pedro v. Romasan Development (1) Special appearance operates as an exception
Corp., G.R. No. 194751 (2014)] to the general rule on voluntary appearance;
(2) Objections to the jurisdiction of the court over
the person of the defendant must be explicitly
Actions quasi in rem made, i.e., set forth in an unequivocal manner;
A proceeding brought against persons seeking to and
subject the property of such persons to the (3) Failure to do so constitutes voluntary
discharge of the claims assailed. In an submission to the jurisdiction of the court,
action quasi in rem, an individual is named as especially in instances where a pleading or
defendant and the purpose of the proceeding is motion seeking affirmative relief is filed and
submitted to the court for resolution. [Phil
to subject his interests therein to the obligation or
Commercial Intl Bank v. Spouses Dy, G.R. No.
loan burdening the property. Actions quasi in 171137 (2009)]
rem deal with the status, ownership or liability of
a particular property but which are intended to Inclusion in the motion to dismiss of grounds
operate on these questions only as between the other than lack of jurisdiction over the
particular parties to the proceedings and not to defendant’s person, is not deemed a voluntary
ascertain or cut off the rights or interests of all appearance. [Sec. 20, Rule 14]
possible claimants. The judgments therein are
binding only upon the parties who joined in the However, seeking affirmative relief other than
action. [Domagas v. Jensen, G.R. No. 158407 dismissal of the case is a manifestation of
(2005)] voluntary submission to the court’s jurisdiction.
The active participation of a party in the
proceedings is tantamount to an invocation of the
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court’s jurisdiction and a willingness to abide by at the party’s or


the resolution of the case, and will bar said party counsel’s residence
from later on impugning the court’s jurisdiction.
[Phil Commercial Intl Bank v. Spouses Dy, G.R. No.
171137 (2009)]

MODES OF SERVICE OF SUMMONS


(1) Personal Service [Sec. 6, Rule 14]
(2) Substituted Service [Sec. 7, Rule 14] H.4. SUBSTITUTED SERVICE
(3) Service by Publication [Sec. 14-16, Rule 14] It is only when the defendant cannot be served
personally within a reasonable time and for
NOTE: There is no service of summons solely by justifiable reasons that a substituted service may
registered mail except as an additional be made. [Sec. 7, Rule 14]
requirement to service by publication. Where
service is made by publication, a copy of the How Done
summons and order of the court shall be sent by (1) By leaving copies of the summons at the
registered mail to last known address of defendant’s residence with some person of
defendant. [Sec. 15, Rule 14] suitable age and discretion residing therein; or
(2) By leaving the copies at defendant’s office or
NOTE: Service to a foreign corporation is done regular place of business with some
through (a) its resident agent, or (b) the competent person in charge thereof
government agent designated in the absence of
Requisites
the former, or (c) on any of its officers or agents
It is necessary to establish the following:
within the Philippines. [Sec. 12, Rule 14]
(1) Indicate the impossibility of service of
summons within a reasonable time;
H.3. PERSONAL SERVICE (2) Specify the efforts exerted to locate the
defendant; and
How Done [Sec. 6, Rule 14] (3) State that the summons was served upon:
(1) By handing a copy of summons to him; or (a) a person of sufficient age and discretion
(2) If he refuses to receive it, by tendering it to who is residing in the address, or
him (b) a person in charge of the office or regular
place of business, of the defendant.
(4) It is likewise required that the pertinent facts
Personal Service of Personal Service of proving these circumstances be stated in the
Pleadings Summons proof of service or in the officer’s return. [Sps.
Tiu v. Villar, A.M. No. P-11-2986 (2012)]
Sec. 6, Rule 13 Sec. 6, Rule 14
Residence
Personal service
The place where the person named in the
includes:
summons is living at the time of when the service
1. Service on the party
or his counsel; or is made, even though he may be temporarily out
2. By leaving a copy Service is only made of the country at that time [Venturanza v. CA, G.R.
with the clerk or on defendant No. 77760 (1987)]
person having himself The residence of a person is his personal, actual
charge of his office; or physical habitation or his actual residence or
or place of abode, which may not necessarily be his
3. Leaving it with a
person of sufficient legal residence or domicile provided he resides
age and discretion therein with continuity and consistency. [Boleyley
v. Villanueva, G.R. No. 128734 (1999)]
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(1) Defendant is sued as an unknown


Office or Regular Place of Business owner/identity is unknown; or
The office or place of business of defendant at the (2) His whereabouts are unknown and cannot be
time of service ascertained with diligent inquiry

Person of Sufficient Age and Discretion Service of summons may be effected by


A person of suitable age and discretion is one publication in a newspaper of general circulation
who has attained the age of full legal capacity (18 and in such places and for such time as the court
years old) and is considered to have enough may order
discernment to understand the importance of a
summons. "Discretion" is defined as "the ability The Section applies to “any action,” making no
to make decisions which represent a responsible distinction between actions in rem, in personam
choice and for which an understanding of what is
and quasi in rem.
lawful, right or wise may be presupposed".

Thus, to be of sufficient discretion, such person H.5.2. Service upon a Resident Temporarily
must know how to read and understand English Outside the Philippines
to comprehend the import of the summons, and Summons may be effected to a resident
fully realize the need to deliver the summons and defendant, temporarily outside the Philippines,
complaint to the defendant at the earliest by:
possible time for the person to take appropriate (1) Substituted service [Sec. 7, Rule 14]; or
action. Thus, the person must have the "relation (2) Service by publication [Sec. 15, Rule 14]
of confidence" to the defendant, ensuring that
the latter would receive or at least be notified of Applicable in cases where:
the receipt of the summons. [Prudential Bank v. (1) Defendant is a resident of the Philippines; and
Magdamit, G.R. No. 183795 (2014)]
(2) Is temporarily out of the country
Person in Charge
Must be the one managing the office or business Summons may, by leave of court, be effected as
in the case of extraterritorial service but unlike in
of defendant, such as the president or manager; Sec. 15, Rule 14 it may be effected in this manner
and such individual must have sufficient for “any action,” not distinguishing between
knowledge to understand the obligation of the actions in rem, in personam, and quasi in rem.
defendant in the summons, its importance, and
the prejudicial effects arising from inaction on the Even without such Section, as the defendant has
summons. [Prudential Bank v. Magdamit, G.R. a residence in the Philippines, summons may also
be served through substituted service under Sec.
No. 183795 (2014)]
7, Rule 14.
H.5. CONSTRUCTIVE SERVICE (BY
H.6 EXTRATERRITORIAL SERVICE OF
PUBLICATION)
SUMMONS
(1) Service upon Unknown Defendant [Sec. 14,
[Sec. 15, Rule 14]
Rule 14]
(2) Service upon a Resident temporarily out of the Applicable in cases where:
Philippines [Sec. 16, Rule 14] (1) Defendant is a nonresident;
(3) Extraterritorial Service of Summons [Sec. 15, (2) He is not found in the Philippines; and
Rule 14] (3) The action is either in rem. or quasi in rem [Jose
v. Boyon, G.R. No. 147369 (2003)]
H.5.1. Service upon Unknown Defendant or
Defendant Whose Wherabouts are Unknown The actions in rem or quasi in rem, which would
[Sec. 14, Rule 14] justify extraterritorial service of summons are:
Applicable in cases where: (1) Those which affect the personal status of the
plaintiff,

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(2) Those which relate to, or the subject of which


is, property within the Philippines in which Service is effected upon all of them by:
defendant claims a lien or interest, actual or (1) Serving summons upon any of them; or
contingent; (2) Serving summons upon the person in charge
(3) Those in which the relief demanded consists, of their office or place of business
wholly or in part, in excluding the defendant
from any interest in property located in the
Philippines, or Upon Incompetents [Sec. 10, Rule 14]
(4) Those wherein property of defendant within Service upon incompetents is effected upon:
the Philippines has been attached (1) The defendant personally; and
(2) His legal guardian
Service of summons is effected, by leave of court,
If there be no legal guardian, the plaintiff shall
in the following modes: apply for the appointment of a guardian ad litem,
(1) By personal service, as under Sec. 6, Rule 14; whom he shall also serve upon.
(2) By publication in a newspaper of general
circulation in such places and for such time as Upon a Domestic Private Juridical Entity [Sec. 11]
court may order; in which case, a copy of the Service is effected upon:
summons and order of the court shall be sent
(1) The president,
by registered mail to the last known address of
(2) Managing partner,
defendant; or
(3) General manager,
(3) In any other manner the court may deem
(4) Corporate secretary,
sufficient.
(5) Treasurer, or
Any order granting such leave shall specify a (6) In- house counsel
reasonable time within which defendant must Upon a Foreign Private Juridical Entity [Sec. 12]
answer, which shall not be less than 60 days after Service is effected:
notice.
(1) When the defendant is transacting business in
the Philippines:
H.7. SERVICE UPON PRISONERS AND MINORS (a) Upon the resident agent; or
Upon Prisoners [Sec. 9, Rule 14] (b) Upon the government agent designated by
Where the defendant is a prisoner confined in a law; or
jail or institution, service shall be by the (c) Any officer or agent of the corporation.
Note that service in the cases of (b) and (c)
management of such institution, who is deemed
require that there is no resident agent
deputized as a special sheriff.
(2) When the defendant is not registered in the
Upon Minors [Sec. 9, Rule 14]
Philippines, or has no agent, with leave of
(1) The minor defendant; and court:
(2) His legal guardian, or any of his parents (a) By personal service coursed through the
If there be no legal guardian, the plaintiff shall appropriate foreign court, with the
apply for the appointment of a guardian ad litem, assistance of the DFA;
whom he shall also serve upon. [Sec. 10, Rule 14] (b) By publication in a newspaper of general
circulation in the country where the
Other Defendants defendant may be found; and by serving a
copy of the summons and court order by
Upon an Entity without Juridical Personality [Sec. registered mail at the defendant’s last
8, Rule 14] known address;
(c) By facsimile or any recognized electronic
Applicable in cases where:
means, which can generate proof of
(1) Persons are associated in an entity without service;
juridical personality; and (d) By such other means directed by the court.
(2) They are sued under the name by which they
are generally or commonly known Upon Public Corporations [Sec. 13]
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Service is effected: Proof of service shall be sworn to when made by


(1) Upon the Republic of the Philippines – to the a person, other than the sheriff or his deputy.
Solicitor General;
(2) Upon provinces, cities, municipalities, and like If effected by publication, proof of service shall be
public corporations – through the executive by:
head, or on such officers as law or the court (1) The affidavit of the printer, his foreman, or
may direct. principal clerk; or of the editor, business or
advertising manager
H.8. RETURN AND PROOF OF SERVICE
(2) A copy of the publication; and
Return [Sec. 4, Rule 14] (3) An affidavit showing the deposit in the post
When service has been completed, the server office, with postage prepaid, directed for
shall: registered mail to the last known address of
the defendant of:
(1) Serve a copy of the return to the plaintiff’s
counsel, personally or by registered mail, (a) A copy of the summons; and
within 5 days from service of summons; and (b) The order of publication.
(2) The server shall return the summons,
accompanied by proof of service, to the clerk Effect of Defect of Proof of Service
who issued it. (1) Where sheriff’s return is defective,
presumption of regularity in the performance
It is required to be given to the plaintiff’s counsel of official functions will not lie
in order to enable him: (2) Defective return is insufficient and
incompetent to prove that summons was
(1) To move for a default order should the
indeed served
defendant fail to answer on time, or
(3) Party alleging valid summons will now prove
(2) In case of non-service, so that alias summons
that summons was indeed served
may be sought
(4) If there is no valid summons, court did not
acquire jurisdiction which renders null and
In either of the 2 cases, server must serve a copy
void all subsequent proceedings and
of the return on plaintiff’s counsel within 5 days issuances
from completion or failure of service
I. MOTIONS
Alias Summons [Sec. 5, Rule 14]
Upon plaintiff’s demand, the clerk may issue an
I.1. MOTIONS IN GENERAL
alias summons if either:
(1) Summons is returned without being served on
any/all of the defendants. I.1.1. Definition of a motion
(2) Summons was lost. A motion is any application for relief other than by
a pleading
The server shall also serve a copy of the return on
the plaintiff's counsel within 5 days therefrom, I.1.2. Motions versus Pleadings
stating the reasons for the failure of service Motion Pleading

Proof of Service [Sec. 18, Rule 14] Contains allegations Contains allegations
Proof service shall be made in writing, and shall of facts of the ultimate facts
state
(1) the manner, place, date of service; Prays for a relief Prays for a relief
(2) any papers which served with the process; and Grant of the relief does
(3) the name of the person who received the Grant of relief
not extinguish the
same. extinguishes the
action (interlocutory
action (final relief)
relief)

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Generally in writing shall not be later than 10 days from the filing of
(with some Always in writing the motion. [Sec. 5, Rule 15]
exceptions)
Motion and notice of hearing must be served at
least 3 days before the date of hearing; [Sec. 4,
Rule 15]
GENERAL RULE: A motion does not pray for
judgment Purpose: To prevent surprise upon the adverse
party and to enable the latter to study and meet
EXCEPTIONS:
the arguments of the motion.
(1) Motion for judgment on the pleadings.
(2) Motion for summary judgment.
Notice must be addressed to the counsels. A
(3) Motion for judgment on demurrer to evidence.
notice of hearing addressed to the clerk of court,
I.1.3. Contents and form of motions and not to the parties, is no notice at all.
Accordingly, a motion that does not contain a
Contents [Sec. 3, Rule 15] notice of hearing to the adverse party is nothing
(1) Relief sought to be obtained but a mere scrap of paper, as if it were not filed.
(2) Grounds upon which it is based [Provident International Resources v. CA, G.R. No.
(3) With supporting affidavits and other papers if: 119328 (1996)]
(a) Required by the Rules, or
(b) Necessary to prove facts alleged therein Exceptions to the rule on Notice of Hearing:
(1) Ex parte motions;
Form [Sec. 2, Rule 15] (2) Urgent motions;
Generally, in writing, except: (3) Motions agreed upon by the parties to be
(1) Motions for continuance made in the presence heard on shorter notice, or jointly submitted
of the adverse party or those made in the by the parties;
course of the hearing or trial (4) Motions for summary judgment which must
(2) Those made in open court even in the absence be served at least 10 days before its hearing.
of the adverse party or those made in the
course of a hearing or trial Proof of Service [Sec. 6, Rule 15]
A written motion set for hearing will not be acted
I.1.4. Notice of Hearing and Hearing of Motions upon by the court if there is no proof of service
thereof.
Litigated written motions shall be set for hearing
by the movant or applicant. [Sec. 4, Rule 15] Exceptions:
(1) If the motion is one which the court can hear
GENERAL RULE: Motions shall be scheduled for ex parte.
hearing on Motion Day (2) If the court is satisfied that the rights of the
(1) On Friday afternoons; or adverse parties are not affected by the motion.
(2) Afternoon of the next working day, if Friday is
a non-working day. [Sec. 7, Rule 15] I.1.5. Omnibus Motion Rule
A motion attacking a pleading, order, judgment,
EXCEPTION: Motions which require immediate or proceeding must include all objections then
action available. All objections not included in the
motion are deemed waived. [Sec. 8, Rule 15]
Notice of Hearing
Notice shall be addressed to all parties, and shall Purpose: To require the movant to raise all
specify the time and date of the hearing which available exceptions for relief during a single

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opportunity so that multiple and piece-meal I.2.1. Purpose and When Applied For
objections may be avoided The purpose of the motion is to seek an order from
the court directing the pleader to submit a bill of
Exception: particulars, which avers matters with sufficient
(1) Lack of jurisdiction over subject matter definiteness or particularity to enable the movant
(2) Litis pendentia to prepare his responsive pleading.
(3) Res judicata
(4) Prescription [Sec. 8, Rule 15; icow Sec. 1, Rule It is not to enable the movant to prepare for trial.
9]
When this is the purpose, the appropriate remedy
I.1.6. Litigated and ex parte motions is to avail of Discovery Procedures under Rules 23
Litigated Motions to 29. [Riano]
One which requires the parties to be heard before
When Applied For
a ruling on the motion is made by the court;
(1) Before responding to a pleading
written motions are generally litigated motions
(2) If sought to clarify a reply, within 10 days from
service thereof
Ex Parte Motion
One which does not require such ruling, and upon Contents
which the court may act without prejudicing the The motion should point out:
rights of the other party (1) The defects complained of;
(2) The paragraph wherein they are contained;
Section 4 lays the general rule that all written
(3) The details desired. [Sec. 1, Rule 12]
motions shall be set for hearing by the movant,
except the non-litigated motions or those which
The only question to be resolved in such motion
may be acted upon by the court without
prejudicing the rights of the adverse party. is whether the allegations in the complaint are
These ex parte motions include a motion for averred with sufficient definiteness or
extension of time to file pleadings, motion for particularity to enable the movant to properly
extension of time to file an answer, and a motion prepare his responsive pleading and to prepare
for extension of time to file a record on for trial. [Tantuico, Jr. v. Republic, G.R. No. 89114
appeal. Nonetheless, a notice of time and place (1991)]
of hearing is mandatory for motions for new trial
or motion for reconsideration. [Spouses Rustia v.
What cannot be done in a Bill of Particulars
Rivera, G.R. No. 156903 (2006)]
(1) To supply material allegations necessary to
I.2. MOTION FOR BILL OF PARTICULARS the validity of a pleading
(2) To change a cause of action or defense stated
in the pleading
Bill of Particulars is a detailed explanation (3) To state a cause of action or defense other
respecting any matter which is not averred with than the one stated
sufficient definiteness or particularity in the (4) To set forth the pleader’s theory of his cause of
complaint as to enable a party to properly action or a rule of evidence on which he
prepare his responsive pleading [Sec. 1, Rule 12] intends to reply
(5) To furnish evidentiary information [Virata v.
An action cannot be dismissed on the ground that Sandiganbayan, G.R. No. 103527 (1993)]
the complaint is vague or indefinite. The remedy
I.2.2. Actions of The Court
of the defendant is to move for a Bill of
Upon filing of the motion, the clerk must
Particulars, or avail of the proper mode of
immediately bring it to the attention of the court.
discovery. [Galeon v. Galeon, G.R. No. L-30380
[Sec. 2, Rule 12]
(1973)]
The court may either:
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(1) Deny; Such period shall be reckoned from:


(2) Grant the motion outright; or (1) Service of the Bill of Particulars or more
(3) Allow the parties the opportunity to be heard definite pleading; or
(2) Notice of denial of his Motion for Bill of
I.2.3. Compliance with the Order Particulars.
If motion is granted, either in whole or in part, the
pleader must file a bill of particulars or a more I.3. MOTION TO DISMISS
definite statement, within 10 days from notice of A remedy of the defendant, which attacks the
order, unless the court fixes a different period. entire pleading and seeks its dismissal based on:
(1) Grounds which are patent on the face of the
The bill of particulars or a more definite complaint;
statement ordered by the court may be filed (2) Defenses available to the defendant at the
either as a separate pleading or in an amended time of the filing of the complaint
pleading, and a copy of which must be served on
the adverse party. [Sec. 3, Rule 12] The Motion hypothetically admits the truth of the
factual allegations stated in the complaint.
A bill of particulars becomes part of the pleading
for which it was intended. [Sec. 6, Rule 12] It is not a responsive pleading. It is not a pleading
at all.
Effect of Non-Compliance [Sec. 4, Rule 12]
(1) In case of non-compliance or insufficient It is subject to the omnibus motion rule since it is
compliance with the order for bill of a motion that attacks a pleading. Hence, it must
particulars, the court may: raise all objections available at the time of the
(a) Order the striking out of the pleading (or filing thereof.
portion thereof) to which the order is
directed; or Types of Dismissal of Action:
(b) Make such order as it may deem just. (1) Upon Motion to Dismiss under Rule 16;
(2) If the plaintiff fails to obey, his complaint may (2) Dismissal under Rule 17:
be dismissed with prejudice unless otherwise (a) Upon notice by plaintiff;
ordered by the court. [Sec. 4, Rule 12; Sec. 3, (b) Upon motion by plaintiff;
Rule 17] (c) Due to fault of plaintiff.
(3) If defendant fails to obey, his answer will be (3) Upon Demurrer to Evidence after plaintiff has
stricken off and his counterclaim dismissed, presented his evidence under Rule 33;
and he will be declared in default upon motion (4) Dismissal of an appeal.
of the plaintiff. [Sec. 3, Rule 9; Sec. 4, Rule 12;
Sec. 4, Rule 17] Period to File
I.2.4 Effect on the Period to File Responsive GENERAL RULE: Within the time for, but before
Pleading filing of, the answer to the complaint or pleading
Provided that the Motion for Bill of Particulars is asserting a claim
sufficient in form and substance, it stays the EXCEPTIONS:
period for the movant to file his responsive (1) For special reasons which may be allowed
even after trial has begun, a motion to dismiss
pleading.
may be filed
(2) The court has allowed the filing of a motion to
The movant may file his responsive pleading: dismiss where the evidence that would
(1) Within the period he was entitled at the time constitute a ground for dismissal was
the motion was filed; or discovered during trial
(2) Within 5 days
whichever is higher.

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GENERAL RULE: A court may not dismiss a case person of the defendant shall not be deemed
motu propio, unless a motion to that effect is filed voluntary appearance on his part.
by a party.
EXCEPTIONS: (2) Lack of Jurisdiction Over the Subject Matter
(1) Upon the grounds stated in Sec. 1, Rule 9 (lack If the complaint shows lack of jurisdiction over
of subject matter jurisdiction, res judicata, litis subject matter on its face, the court may dismiss
pendentia, prescription); the case outright even without a motion to
(2) Due to fault of the plaintiff, under Sec. 3, Rule dismiss. [Sec. 1, Rule 9]
17;
(3) Pursuant to Sec. 4, Revised Rule on Summary
A motion to dismiss on this ground may also be
Procedure.
raised
I.3.1. Grounds (1) Before answer;
(1) Lack of jurisdiction over the defendant’s (2) After answer is filed;
person (3) After hearing had commenced;
(2) Lack of jurisdiction over the subject matter of (4) At any stage of the proceeding, even for the
the claim first time on appeal and even if no such
(3) Improper venue defense is raised in the answer.
(4) Plaintiff’s lack of legal capacity to sue
NOTE: The rule refers to the subject matter of
(5) Litis pendentia
(6) Res judicata each particular claim and not only to that of the
(7) Prescription suit. Hence. other initiatory pleadings included.
(8) Failure to state a cause of action
(9) Extinguished claim Where a party invokes the jurisdiction of a court
(10) Unenforceable claim under the Statute of to obtain affirmative relief and fails, he cannot
Frauds thereafter repudiate such jurisdiction. While the
(11) Non-compliance with a condition issue of jurisdiction may be raised at any time, he
precedent for filing claim is estopped as it is tantamount to speculating on
the fortunes of litigation [Crisostomo, et al. v. CA,
NOTE: Complaints cannot be dismissed on
G.R. No. 27166 (1970)]
ground not alleged in a motion to dismiss. The
motion may be based on only one of the grounds
(3) Improper Venue
enumerated in Sec. 1, Rule 16
Unless and until the defendant objects to the
venue in a MTD prior to a responsive pleading,
(1) Lack of Jurisdiction Over the Person of the
the venue cannot truly be said to have been
Defendant
improperly laid. [Diaz v. Adiong, G.R. No. 106847
This objection must be raised:
(1993)]
(1) At the very first opportunity;
(2) Before any voluntary appearance is made.
Where a motion to dismiss for improper venue is
In La Naval Drug Corp. v. CA, et al., G.R. No. erroneously denied, the remedy is prohibition
103200 (1994), the Court held that while lack of [Enriquez v. Macadaeg, G.R. No. L-2422]
jurisdiction over the person of defendant may be
duly and seasonably raised, his voluntary (4) Plaintiff Has No Legal Capacity to Sue
appearance in court without qualification is a The plaintiff lacks legal capacity to sue:
waiver of such defense. (1) When he does not possess the necessary
qualification to appear at the trial (e.g. when
Sec. 20, Rule 14 makes a categorical statement he plaintiff is not in the full exercise of his civil
rights);
that the inclusion in a motion to dismiss of other
(2) When he does not have the character which he
grounds aside from lack of jurisdiction over the claims, which is a matter of evidence (e.g.
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when he is not really a duly appointed In both tests, the parties’ good faith shall be
administrator of an estate). [Recreation and taken into consideration.
Amusement Association of the Philippines v.
City of Manila, G.R. No. L-7922 (1957)] The 1st case shall be abated if it is merely an
anticipatory action or defense against an
Lack of legal capacity to sue refers to plaintiff’s
expected suit. The 2nd case will not be abated if
disability; while lack of legal personality to sue
it is not brought to harass. [Vitrionics Computers
refers to the fact that the plaintiff is not a real
v. RTC (1993)]
party in interest, in which case the ground for
dismissal would be that the complaint states no (6) Res Judicata
cause of action.
Two concepts of res judicata [Topacio v. Banco
The issue of plaintiff’s lack of legal capacity to sue
Savings and Mortgage Bank (2010)]
cannot be raised for the first time on appeal
(1) Bar by prior judgment [Sec. 47(b), Rule 39]
where the defendant dealt with the former as a Judgment on the merits in the first case
party in the proceedings below [Univ. of constitutes an absolute bar to the subsequent
Pangasinan Faculty Union v. Univ. of Pangasinan, action not only as to every matter which was
G.R. No. 64821-23 (1993)] offered and received to sustain or defeat the
claim or demand, but also to any other
(5) Litis Pendentia
admissible matter which might have been
offered for that purpose and to all matters that
Requisites
could have been adjudged in that case.
(1) Identity of parties, or at least such as
representing the same interest in both (2) Conclusiveness of judgment [Sec. 47(c), Rule
actions; 39]
(2) Identity of rights asserted and relief prayed The second action is upon a different claim or
for, the relief being founded on the same facts; demand, the judgment in the first case
and operates as an estoppel only with regard to
(3) Identity of the two cases such that judgment those issues directly controverted, upon the
in one would amount to res judicata on the determination of which the judgment was
action under consideration [Film Development rendered.
Council of the Philippines v. SM Prime Holdings,
Inc. (2013)]
Requisites for “Bar by Prior Judgment”
It is not required to allege that there be a prior (1) Former judgment or order must be final;
(2) The judgment or order must be on the merits;
pending case. It is sufficient to allege and prove
(3) The decision must have been rendered by a
the pendency of another case, even if same had court having jurisdiction over the subject
been brought later. matter and the parties;
(4) There must be, between the two actions,
It is not required that the later case be dismissed identity:
in favor of the earlier case. To determine which (a) of parties;
case should be abated, apply: (b) of subject matter; and
(1) The More Appropriate Action Test; (c) of causes of action [Topacio v. Banco
(2) The Interest of Justice Test, taking into Filipino Savings and Mortgage Bank (2010)]
account:
(a) Nature of the controversy; The test of identity of cause of action lies not in
(b) Comparative accessibility of the court to the form of the action but on whether or not the
the parties; same evidence would support and establish the
(c) Other similar factors. former and the present causes of action. [DBP v.
Pundogar (1993)]
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Estoppel and prescription cannot be invoked


Rationale: The sum and substance of the whole against the State [Republic v. CA, G.R. No. 116111
doctrine is that a matter once judicially decided is (1999)]
finally decided because of:
(1) Public policy and necessity makes it the A motion to dismiss on the ground of prescription
interest of the State that there should be an will be given due course only if the complaint
end to litigation; shows on its face that the action has already
(2) The hardship on the individual that he should prescribed [Sison v. McQuaid, G.R. No. L-6304
be vexed twice for the same cause. [Nabus v.
(1953)]
CA (1991)]

(7) Statute of Limitations/Prescription If it is not apparent on its face, take note that Sec.
Prescription applies only when the complaint on 3 prohibits deferment of the resolution of the
its face shows that indeed the action has already motion. Thus:
prescribed. (1) Evidence may be received in support of the
motion under Sec. 2, Rule 16; or
(2) The motion to dismiss should be denied
If the fact of prescription is not indicated on the
without prejudice to the complaint’s dismissal
face of the complaint and the same may be if evidence disclose that the action had
brought out later, the court must defer decision already prescribed [Sec. 1, Rule 9]
on the motion until such time as proof may be
presented on such fact of prescription. (8) Complaint States No Cause of Action
Failure to state a cause of action (not lack of
Prescription Laches cause of action) is the ground for a MTD. The
former means there is insufficiency in the
Concerned with the Concerned with the allegations in the pleading. The latter means that
fact of delay effect of delay there is insufficiency in the factual basis of the
action.
A matter of time A matter of equity

Statutory Not statutory The failure to state a cause of action must be


evident on the face of the complaint itself.
Applies in law Applies in equity

Not based on fixed Test: Assuming the allegations and statements


Based on fixed time to be true, does the plaintiff have a valid cause of
time
action?

A MTD based upon the ground of failure to state


Defense of prescription is waived and cannot be
a cause of action imports a hypothetical
considered on appeal if not raised in the trial
admission by the defendant of the facts alleged
court [Ramos v. Osorio, G.R. No. L-27306 (1971)]
in the complaint.
However, if the allegations of the complaint, or
If the court finds the allegations of the complaint
evidence presented, clearly indicate that the
to be sufficient but doubts their veracity, it must
action has prescribed, or where there is no issue
deny the MTD and require the defendant to
in fact as to prescription, defense of prescription
answer and then proceed to try the case on its
is not deemed waived by failure to allege the
merits.
same [Chua Lamko v. Dioso, G.R. No. L-6293
(1955)] A complaint containing a premature cause of
action may be dismissed for failure to state a
cause of action.
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(2) A special promise to answer for the debt,


If the suit is not brought against the real party-in- default, or miscarriage of another;
interest, a motion to dismiss may be filed on the (3) An agreement made in consideration of
ground that the complaint states no cause of marriage, other than a mutual promise to
action. [Tanpinco v. IAC, G.R. No. 76225 (1992)] marry;
(4) An agreement for the sale of goods, chattels
or things in action, at a price not less than five
Complaint states no hundred pesos, unless the buyer accept and
No cause of action
cause of action receive part of such goods and chattels, or the
evidences, or some of them, of such things in
Insufficiency of action, or pay at the time some part of the
Insufficiency of factual
allegations in the purchase money; but when a sale is made by
basis for the action auction and entry is made by the auctioneer in
pleading
his sales book, at the time of the sale, of the
May be raised at any amount and kind of property sold, terms of
time, after the sale, price, names of the purchasers and
May be raised in a person on whose account the sale is made, it
questions of fact have
Motion to Dismiss at is a sufficient memorandum;
been resolved on the
any time but before (5) An agreement for the leasing for a longer
basis of the period than one year, or for the sale of real
the filing the answer
stipulations, property or of an interest therein;
to the complaint or
admissions, or evidence (6) A representation as to the credit of a third
pleading asserting a
presented [Macaslang person.
claim
v. Zamora, G.R. No.
156375 (2011)] Unlike a motion to dismiss on the ground that the
complaint states no cause of action, a motion
Dismissal due to lack of invoking the Statute of Frauds may be filed even
Dismissal due to cause of action is made if the absence of a cause of action does not
failure to state a after questions of fact appear on the face of the complaint. Such
cause of action can have been resolved on absence may be proved during the hearing of the
be made at the the basis of motion to dismiss on said ground. [Yuviengco et
earliest stages of an stipulations, al. v. Dacuycuy, etc., et al., G.R. No. L-55048
action and without admissions or evidence (1981)]
prejudice presented and with
prejudice (11) Non-compliance with a Condition Precedent
Where the plaintiff has not exhausted all
administrative remedies, the complaint not
(9) Claim Extinguished having alleged the fact of such exhaustion, the
That the claim/demand set forth in the plaintiff's same may be dismissed for lack of cause of action
pleading has been paid, waived, abandoned or [Pineda v. CFI Davao, et al.]
otherwise extinguished.
Where the complaint does not state that it is one
(10) Unenforceable Claim under the Statute of of the excepted cases, or it does not allege prior
Frauds availment of conciliation process, or it does not
Art. 1403(2) of the Civil Code requires certain have a certification that no conciliation or
contracts to be evidenced by some note or settlement had been reached under PD1508,
memorandum in order to be enforceable, to wit: case should be dismissed on motion [Morata v.
(1) An agreement that by its terms is not to be Go, et al., G.R. No. L-62339 (1983)]
performed within a year from the making
thereof;

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Where the defendant had participated in the trial The plaintiff has several options:
court without any invocation of PD 1508, and the (1) Where dismissal for certain grounds are not
judgment therein had become final and tantamount to adjudication on the merits (e.g.
executory, but said defendant thereafter sought improper venue), the plaintiff may refile the
the annulment of the decision for alleged lack of complaint.
(2) Where it is for a ground which bars re-filing,
jurisdiction, the same was denied under the
the plaintiff may appeal from the order of
doctrine of estoppel and laches [Royales, et al., v. dismissal;
IAC, G.R. No. L-65072 (1984)] (3) Where the dismissal was tainted with grave
abuse of discretion, the plaintiff may also avail
I.3.2. Resolution of Motion of a petition for certiorari. [Riano]
A motion to dismiss is a litigated motion and
should be heard. During the hearing, parties shall I.3.4. Remedies of Defendant When the Motion Is
submit: Denied
(1) Arguments on questions of law If the motion is denied, the denial is interlocutory.
(2) Evidence on questions of fact, except those
not available at that time GENERAL RULE: The filing of an answer and
going through the usual trial process, and later,
If the case should later go to trial, evidence the filing of a timely appeal from the adverse
presented in the hearing shall automatically be judgment are the proper remedies against a
part of the evidence of the party presenting the denial of a motion to dismiss.
same.
If the motion is denied, the movant shall file his
Evidence need not be presented when the ground answer:
relied upon is “failure to state a cause of action,” (1) Within the balance of the period prescribed
which must generally be determined on the basis under Rule 11 to which he was entitled at the
of the facts alleged in the complaint. time of serving his motion; or
(2) Within 5 days
Lack of formal hearing is not fatal when the whichever is higher. [Rule 16, Sec. 4]
issues raised were fully discussed in the motion
If the pleading is ordered to be amended, the
and opposition. [Castillo v. CA, G.R. No. L-52008
movant shall file his answer within the period
(1988)]
prescribed by Rule 11, counted from service of
After hearing, the court may: amended pleading, unless a longer period is
(1) Dismiss the action/claim prescribed by the court.
(2) Deny the MTD
(3) Order amendment of the pleadings [Sec. 3, EXCEPTION: The denial may be assailed by
Rule 16] certiorari, prohibition or mandamus, if there is a
showing that the denial was tainted by with grave
The court cannot defer the resolution of the abuse of discretion amounting to lack of
motion for the reason that the ground relied upon jurisdiction.
is not indubitable, and must clearly and distinctly
state the reasons for its resolution. I.3.5. Effect of Dismissal of Complaint on Certain
Grounds
I.3.3. Remedies of Plaintiff When the Complaint Is An order granting a motion to dismiss shall bar
Dismissed the refiling of the same action or claim if the
If the motion is granted, the complaint is dismissal is based on the following grounds:
dismissed. Such dismissal is final, and not [Riano, citing Sec. 5, Rule 16]
interlocutory. 1) The cause of action is barred by a prior
judgment [Sec. 1(f), Rule 16]
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2) The cause of action is barred by the statute of May be filed by any


limitations [Sec. 1(f), Rule 16] May be filed only by
defending party
3) The claim or demand has been paid, waived, the defendant against
abandoned, or otherwise extinguished [Sec. 1(h), against whom a claim
the complaint of the
Rule 16] is asserted in the
plaintiff
4) The claim on which the action is founded is action
unenforceable under the Statute of Frauds [Sec.
1(i), Rule 16] Should be filed within
May be filed for the
the time for but prior
dismissal of the case
In these cases, the remedy is to file an appeal, to the filing of the
since the dismissal is with prejudice. On the other only after the plaintiff
answer of the
hand, an order dismissing an action without has completed the
defending party to the
prejudice is not appealable. [Riano] presentation of his
pleading asserting the
evidence
I.3.6. When Grounds Pleaded as Affirmative claim against him
Defenses If denied, defendant
If no motion to dismiss had been filed, any of the must file an answer, or If denied, defendant
grounds for dismissal may be pleaded as else he may be may present evidence
affirmative defenses and a preliminary hearing declared in default
may be had at court’s discretion. [Sec. 6, Rule 16]
If granted, plaintiff
If granted, plaintiff
A defendant with a counterclaim should plead appeals and the order
may appeal or if
these grounds as affirmative defenses as of dismissal is
subsequent case is not
dismissal of the complaint under this section reversed, defendant
barred, he may re-file
shall be without prejudice to the prosecution of loses his right to
the case
the counterclaim in the same or separate action. present evidence

I.3.7. Bar by Dismissal


GENERAL RULE: The action/claim may be re- J. DISMISSAL OF ACTIONS
filed.

EXCEPTION: The action cannot be re-filed J.1. DISMISSAL UPON NOTICE BY PLAINTIFF;
(although subject to appeal) if it was dismissed TWO DISMISSAL RULE
on any of the following grounds:
(1) Res judicata;
(2) Prescription; Dismissal by plaintiff as a matter of right
(3) Extinguishment of the claim/demand; Dismissal is effected by mere notice of dismissal,
(4) Unenforceability under the Statute of Frauds. which is a matter of right, before service of:
[Sec. 1(f), (h), (i), Rule 16] (1) The answer; or
(2) A motion for summary judgment
I.3.8. Distinguished from Demurrer to Evidence
[Rule 33] The dismissal as a matter of right ceases when an
A motion to dismiss under this Rule differs from answer or a motion for summary judgment is
a motion to dismiss under Rule 33 on demurrer to served on the plaintiff, not when the answer or the
evidence: motion is filed with the court.
Motion to Dismiss Demurrer to Evidence
Withdrawal is not automatic but requires an order
Grounded on Based on insufficiency by the court confirming the dismissal. Until
preliminary objections of evidence confirmed, the withdrawal does not take effect.
The requirement is in keeping with the respect
due the court. [Herrera]
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(1) Prosecute his counterclaim in a separate


However, it is not the order which operates to action; or
dismiss the complaint. As stated by the rule, it • The court should render the corresponding
merely confirms the dismissal already effected by order granting the plaintiff’s motion and
the filing of the notice. [Riano] reserving his right to prosecute his claim in
a separate complaint
GENERAL RULE: Dismissal is without prejudice (2) Have the same resolved in the same action
• Defendant must manifest such preference
to the trial court within 15 days from notice
EXCEPTIONS:
of the plaintiff’s motion to dismiss
(1) Where the notice of dismissal so provides; or
(2) Where the plaintiff has previously dismissed These alternative remedies of the defendant are
the same case in a court of competent available to him regardless of whether his
jurisdiction (“Two Dismissal Rule”)
(3) Where the notice of dismissal is premised on a counterclaim is compulsory or permissive.
reason which would prevent refiling of the
complaint (e.g. extinguishment or res judicata) J.3. DISMISSAL DUE TO FAULT OF THE
[Riano] PLAINTIFF
The case may be dismissed motu proprio or upon
Two Dismissal Rule the defendant’s motion if, without justifiable
Applies when the following are met: cause, plaintiff:
(1) Plaintiff had twice dismissed actions; (1) Fails to appear on the date of the presentation
(2) Both actions based on, or including, the same of his evidence-in-chief on the complaint;
claims; (a) The plaintiff’s failure to appear at the trial
(3) In a court of competent jurisdiction. after he has presented his evidence and
rested his case does not warrant the
The second dismissal operates as an adjudication dismissal of the case on the ground of
on the merits. failure to prosecute. It is merely a waiver of
his right to cross-examine and to object to
J.2. DISMISSAL UPON MOTION OF PLAINTIFF; the admissibility of evidence. [Jalover v.
EFFECT ON COUNTERCLAIM Ytoriaga, G.R. No. L-35989 (1977)]
Under this section, dismissal of the complaint is (b) Since plaintiff’s presence is now required
only during the presentation of his
subject to the discretion of the court and upon
evidence in chief, his absence during the
such terms and conditions as may be just. presentation of defendant or other parties’
evidence, or even at rebuttal or subsequent
GENERAL RULE: Dismissal is without prejudice stages, is not a ground for dismissal.
(2) Fails to prosecute his action for an
EXCEPTIONS: unreasonable length of time (nolle prosequi);
(1) When otherwise stated in the motion to (a) The test for dismissal of a case due to
dismiss; or failure to prosecute is WON, under the
(2) When stated to be with prejudice in the order circumstances, the plaintiff is chargeable
of the court with want of due diligence in failing to
proceed with reasonable promptitude.
Effect on Counterclaim: [Calalang v. CA, G.R. No. 103185 (1993)]
If counterclaim has been pleaded by defendant (b) The dismissal of an action pursuant to this
prior to service upon him of plaintiff’s motion for rule rests upon the sound discretion of the
court [Smith Bell and Co. v. American
dismissal, dismissal shall be limited to the
President Lines Ltd. (1954)]
complaint (c) The action should never be dismissed on a
non-suit for want of prosecution when the
The defendant either: delay was caused by the parties looking

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towards a settlement. [Goldloop Properties Defendant is not required to manifest his


Inc. v. CA, G.R. No. 99431 (1992)] preference within a 15-day period as in Sec. 2.
(3) Fails to comply with the Rules or any court
order. The motions to dismiss in this section and in Sec.
(a) The order must be valid 6, Rule 16 are filed by a defendant who has
(b) Failure to comply with order:
already deliberated on the course of action he
(c) Dismissal for failure to comply with order
to amend complaint to make claims intends to take on his counterclaim and which he
asserted more definite is ground for may even manifest right in his motion to dismiss.
dismissal [Santos v. General Wood Craft,
G.R. No. L-28996 (1982)] The dismissal in Sec. 2 is at the instance of
(d) Failure to comply with an order to include plaintiff, hence, defendant is granted the time
indispensable parties is ground for and duty to manifest preference within 15 days
dismissal [Aranico-Rubino v. Aquino, G.R. from notice, after an opportunity to study the
No. L-46641 (1977)]
situation.
(e) The failure to comply with order of new
judge to recall witness so he may observe
demeanor is sufficient ground for dismissal J.4. DISMISSAL OF COUNTERCLAIM, CROSS-
[Castillo v. Torres, G.R. No. 9181 (1915)] CLAIM, OR THIRD-PARTY COMPLAINT
(4) Failure to comply with rules Provisions of Rule 17 shall apply to the dismissal
(a) The failure of the parties to submit a of any counterclaim, cross-claim, or third-party
compromise agreement within period complaint
granted to them by court is not a ground for
dismissal [Goldloop Properties Inc. v. CA,
Voluntary dismissal by claimant by notice as in
G.R. No. 99431 (1992)]
(b) Dismissal is improper where a 3rd party Sec. 1, shall be made:
complaint has been admitted and the 3rd (1) Before a responsive pleading or motion for
party defendant had not yet been summary judgment is served; or
summoned [Sotto v. Valenzuela, G.R. No. L- (2) If there is none, before introduction of
12732 (1959)] evidence at trial or hearing
(c) A case may be dismissed for failure to
answer written interrogatories under Rule K. PRE-TRIAL
25 even without an order from the court to
answer. [Arellano v. CFI- Sorsogon, G.R. No.
L-34897 (1975)] K.1 CONCEPT OF PRE-TRIAL
Pre-Trial is a mandatory conference and personal
GENERAL RULE: Dismissal is with prejudice, and confrontation before the judge between the
operates as an adjudication on the merits parties and their respective counsel, called by the
court after the joinder of issues in a case or after
EXCEPTIONS: the last pleading has been filed and before trial,
(1) The court declares otherwise, without for the purpose of settling the litigation
prejudice to the right of the defendant to
prosecute his counter-claim in the same or expeditiously or simplifying the issues without
separate action sacrificing the necessary demands of justice.
(2) If court has not yet acquired jurisdiction over
the person of the defendant It is a procedural device by which the court is
called upon, after the filing of the last pleading,
Effect on Counterclaim: to compel the parties and their lawyers to appear
Defendant is granted the choice to prosecute that before it, and negotiate an amicable settlement
counterclaim in either the same or a separate or otherwise make a formal settlement and
action embody in a single document the issues of fact
and law involved in the action, and such other
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matters as may aid in the prompt disposition in Pre-trial is primarily intended to make certain
the case, such as: that all issues necessary to the disposition of a
(1) Number of witnesses case are properly raised.
(2) Tenor or character of their testimonies
(3) Documentary evidence; nature and purpose of Thus, to obviate the element of surprise, parties
each are expected to disclose at a pre-trial conference
(4) Number of trial dates [Herrera]
all issues of law and fact which they intend to
K.2 NATURE AND PURPOSE OF PRE-TRIAL raise at the trial, except such as may involve
privileged or impeaching matters. The
Purpose of pre-trial is to consider: [Sec. 2, Rule determination of issues at a pre-trial conference
18] bars the consideration of other questions on
(1) Possibility of an amicable settlement or of a appeal. [Caltex v. CA, G.R. No. 97753 (1992)]
submission to alternative modes of dispute
resolution;
K.3. NOTICE OF PRE-TRIAL
(2) Simplification of the issues;
(3) Necessity/desirability of amendments to the After the last pleading has been served and filed,
pleadings; it shall be the duty of the plaintiff to promptly
(4) Possibility of obtaining stipulations or move ex parte that the case be set for pre-trial.
admissions of facts and of documents to avoid [Sec. 1, Rule 18]
unnecessary proof;
(5) Limitation of the number of witnesses; • Within 5 days from date of filing of the reply,
plaintiff must promptly move ex parte that the
(6) Advisability of a preliminary reference of
case be set for pre-trial conference.
issues to a commissioner;
(7) Propriety of rendering judgment on the • If the plaintiff fails to file said motion within
pleadings, or summary judgment, or of the given period, the branch clerk shall issue a
dismissing the action should a valid ground Notice of Pre-Trial [AM No. 03-1-09-SC]
therefor be found to exist;
(8) Advisability/necessity of suspending the The “last pleading” need not be literally
proceedings; and construed as the actual filing of the last pleading.
(9) Other matters that may aid in the prompt For purpose of pre-trial, the expiration of the
disposition of the action. period for filing the last pleading is sufficient
[Sarmiento v. Juan, G.R. No. L-56605 (1983)]
Pre-trial is Mandatory
Mandatory nature is addressed to both court and The notice shall be served on counsel, or on the
parties: party if he has no counsel. [Sec. 3, Rule 18]
• Court must set the case for pre-trial and notify
the parties as well as counsel to appear The sufficiency of the written notice of pre-trial is
• Parties with their counsel are obliged to obey irrelevant where evidence shows that counsel
the order of the court to that effect and the parties actually knew of the pre-trial
[Bembo v. CA, G.R. No. 116845 (1995)]
“Pre-trial and its governing rules are not
technicalities which the parties may ignore or K.4. APPEARANCE OF PARTIES; EFFECT OF
trifle with. Pre-trial is essential in the FAILURE TO APPEAR
simplification and the speedy disposition of
disputes.” [Tiu vs. Middleton, G.R. No. 134998 It is the duty of both the parties and their counsel
(1999)] to appear at the pre-trial. [Sec. 4, Rule 18]

Primary Objective When non-appearance is excused [Sec. 4, Rule 18]


Non-appearance of a party may be excused only
if either:
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(1) Valid cause is shown for it;


(2) A representative appears in his behalf, fully Remedies of Non-Suited Party
authorized in writing: (1) For a non-suited plaintiff:
(a) To enter into an amicable settlement; • Since the dismissal is with prejudice, it has
(b) To submit to alternative modes of dispute the effect of an adjudication on the merits.
resolution; and • The proper remedy of the plaintiff is
(c) To enter into stipulations/admissions of appeal, not certiorari [Chingkoe v. Republic,
facts and of documents. G.R. No. 183608 (2013)]
(2) For a non-suited defendant:
The written special authority must be in the form • Since the order allowing presentation of
of a special power of attorney as authority to the evidence ex parte does not dispose of
enter into amicable settlement must be in such the case, it is interlocutory.
form. [Sec. 23, Rule 138; Art. 1878(3), Civil Code] • The remedy of the defendant is to file a
motion for reconsideration, and if denial is
Effect of Failure to Appear; Order of Non-suit with grave abuse of discretion, file a
(1) Of the plaintiff – the case shall be dismissed petition for certiorari [Riano]
with prejudice, unless the court orders
(2) Of the defendant – the plaintiff shall be 3.11.5. Pre-Trial Brief; Effect of Failure to File
allowed to present evidence ex parte, and Parties shall file and serve their respective pre-
judgment shall be rendered based thereon trial briefs, ensuring receipt by adverse party at
[Sec. 5, Rule 18] least 3 days before the date of the pre-trial.

The non-appearance of defendant in pre-trial is It is mandatory for parties to file their pre-trial
not a ground to declare him in default. Thus, we briefs as failure shall have the same effect as
distinguish: failure to appear at the pre-trial. [Sec. 6, Rule 18]
Failure to appear by
Default by defendant Contents
defendant [Sec. 5,
[Sec. 3, Rule 9] (1) Statement of their willingness to enter into
Rule 18]
amicable settlement or alternative modes of
Upon motion and dispute resolution, indicating the desired
Not required terms thereof;
notice to defendant.
(2) Summary of admitted facts and proposed
Requires proof of stipulation of facts;
Not required (3) Issues to be tried/resolved;
failure to answer
(4) Documents/exhibits to be presented, stating
Court renders the purpose thereof;
Court may render
judgment based on (5) Manifestation of their having availed or their
judgment without intention to avail themselves of discovery
the evidence
receiving evidence procedures or referral to commissioners;
presented ex parte
(6) Number and names of the witnesses, and the
Judgment by Default Judgment Ex Parte substance of their respective testimonies. [AM
No. 03-1-09-SC]
Relief awarded must Relief awarded may
be the same in nature be of different nature Remedy of defendant is to file a motion for
and amount as prayed and amount from the reconsideration, showing that his failure to file a
for in the complaint relief prayed for trial brief was due to fraud, accident, mistake, or
excusable negligence. The filing of pre-trial brief
When we say that a defendant is “in default” it is mandatory, and is not excused simply because
speaks of his failure to file responsive pleading the defendant was not represented by counsel.
and not his non-appearance at pre-trial. [Saguid v. CA, G.R. No. 150611 (2003)]

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No evidence shall be allowed to be presented and Pre-Trial in Pre-Trial in


offered during the trial in support of a party’s Civil Cases Criminal
evidence-in-chief other than those identified and [Rule 18] Cases
pre-marked during the pre-trial, except if allowed [Rule 118]
by the court for good cause shown. [AM No. 03-1-
09-SC] court offer an
orders acceptable
K.6. DISTINCTION BETWEEN PRE-TRIAL IN (2) Of the excuser his
CIVIL CASES AND PRE-TRIAL IN CRIMINAL defendant lack of
CASES – the cooperation,
plaintiff the court may
Pre-Trial in Pre-Trial in shall be impose proper
Civil Cases Criminal allowed to sanctions and
present penalties.
[Rule 18] Cases [Sec 3, Rule
evidence ex
[Rule 118] parte, and 118]
judgment
As to when After last After
shall be
conducted pleading has arraignment
rendered
been served and within 30
based
and filed [Sec days after the
thereon
1, Rule 18] court acquires
[Sec. 5,
jurisdiction
Rule 18]
[Sec 1, Rule
118] As to Possibility of
objectives Possibility of amicable
Exception: If
an amicable settlement of
special laws
and circulars settlement as criminal
provide for a an important liability not
shorter period objective [Sec. among its
2(a)] purposes [Sec.
As to need of Set when the Ordered by
motion 1]
plaintiff the court and
moves ex no motion is As to A pre-trial
parte to set required from requirement of brief is A pre-trial
the case for either party Pre-Trial Brief specifically brief is not
pre-trial [Sec. [Sec. 1] required to be specifically
1] submitted required.
[Sec. 6]
As to whether Mandatory Mandatory
or not
mandatory NOTE: Pre-trial under criminal cases require
stricter procedure:
As to effect of (1) Of the If the counsel
failure to plaintiff – for the • Civil Case: The arrangements and admissions
appear the case accused or the are not required to be signed by both parties
shall be prosecutor and their counsels; instead contained in the
dismissed does not record of pre-trial and pre-trial order [Sec. 7,
with appear at pre- Rule 18]
prejudice, trial Recently, the proceedings during the
unless the conference preliminary conference are recorded in the
and does not “Minutes of Preliminary Conference” to be
signed by both parties and/or counsel. Note
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that either the party or his counsel may sign. The court shall determine the most important
[AM No. 03-1-09-SC] witnesses, limit the number of such witnesses
and require the parties and/or counsels to submit
• Criminal Case – All agreements or to the branch clerk of court the names, addresses
admissions made during the pre-trial and contact numbers of the witnesses to be
conference are reduced in writing and signed summoned by subpoena. The court may also
by both the accused and counsel; otherwise,
refer the case to trial by commissioner under Rule
they cannot be used against the accused.
[Sec. 2, Rule 118] 32. [AM No. 03-1-09-SC]

K.7. PROCEEDINGS DURING AND AFTER PRE- Contents of Pre-Trial Order


TRIAL (1) Matters taken up in the conference;
(2) Action taken thereon;
Record of Pre-Trial (3) Amendments allowed on the pleadings;
The pre-trial proceedings shall be recorded. (4) Agreements/admissions made by the parties
Upon termination of such proceedings, the court as to any matters considered;
shall issue the pre-trial order. [Sec. 7, Rule 18] (5) Should the action proceed to trial, the explicit
definition and limit of the issues to be tried.
One Day Examination of Witness Rule
The court shall ask the parties to agree on specific Effect of Pre-Trial Order
dates for continuous trial, adhere to the case flow The contents of the order shall control the
chart determined by the court, and use the time subsequent course of the action, unless:
frame for each stage in setting the trial dates. (1) Modified before trial to prevent manifest
injustice [Sec. 7, Rule 18]
Adherence to the One Day Examination of (2) Issues impliedly included therein or may be
inferable therefrom by necessary implication
Witness Rule shall be required where the witness
[Philippine Export and Foreign Loan Guarantee
shall be fully examined in one day only, subject to Corp. v. Amalgamated Management and
the court’s discretion during the trial on whether Development Corp., G.R. No. 177729 (2011)]
or not to extend the examination for justifiable (3) Amendment to conform to evidence [Sec. 5,
reasons. [AM No. 03-1-09-SC] Rule 10]

Most Important Witness Rule

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PRE – TRIAL

NO SETTLEMENT AMICABLE
FAILURE TO APPEAR SETTLEMENT

Agreements made by
parties; Amendments
If defendant is absent,
to pleading; Schedule If plaintiff is absent court may hear
of Trial when so required to evidence of plaintiff ex
attend, court may parte
dismiss the case

TRIAL

If evidence is
insufficient to prove
plaintiff’s cause of
action or defendant’s
counterclaim, court
rules in favor of either
one or dismisses the
case

COURT
RENDERS
DECISION

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L. INTERVENTION Notwithstanding the presence of a legal interest,


permission to intervene is subject to the sound
A proceeding in a suit or an action by which a discretion of the court, the exercise of which is
third person is permitted by the court to make limited by considering "whether or not the
himself a party, either: intervention will unduly delay or prejudice the
(1) Joining plaintiff in claiming what is sought by adjudication of the rights of the original parties
the complaint; and whether or not the intervenor’s rights may be
(2) Joining with defendant in resisting the claims fully protected in a separate proceeding. [Virra
of the plaintiff; or Mall Tenants v. Virra Mall, G.R. No. 182902 (2011)]
(3) demanding something adverse to both of
them. [Herrera] L.2. TIME TO INTERVENE

Intervention is never an independent action, but The motion to intervene may be filed at any time
before rendition of judgment by the trial court.
is ancillary and supplemental to the existing
litigation. Its purpose is to afford one not an Effected by:
original party, yet having a certain right/interest (1) A motion to intervene
in the pending case, the opportunity to appear (2) Attaching the pleading-in-intervention; and
and be joined so he could assert or protect such (3) Also serving the motion and pleading-in-
right/interest. [Carino v. Ofilada, G.R. No. 102836 intervention on the original parties [Sec. 2,
(1993)] Rule 19]

L.1 REQUISITES FOR INTERVENTION GENERAL RULE: Allowance of intervention is


discretionary with the court
(1) The legal interest:
(a) In the matter in controversy; or
(b) In the success of either of the parties; or EXCEPTION: When the intervenor is an
(c) Against both; or indispensable party
(d) So situated as to be adversely affected by a
distribution or other disposition of property Pleadings-in-Intervention
in the custody of the court or of an office (1) Complaint-in-intervention – If intervenor
thereof; asserts a claim against either or all of the
(2) Intervention will not unduly delay or prejudice original parties.
the adjudication of rights of original parties (2) Answer-in-intervention – If intervenor unites
(3) Intervenor’s rights may not be fully protected with the defending party in resisting a claim
in a separate proceeding [Lorenza Ortega v. against the latter.
CA, G.R. No. 125302 (1998)] (3) Answer to complaint-in-intervention [Sec. 4,
Rule 19] - It must be filed within 15 days from
Meaning of Legal Interest notice of the order admitting the complaint-
Interest – must be of a direct and immediate in-intervention, unless a different period is
character so that the intervenor will either gain or fixed by the court.
lose by the direct legal operation of the
judgment. The interest must be actual and (a) Hence, anyone who objects can file a
petition for certiorari for improper granting
material, a concern which is more than mere of intervention
curiosity, or academic or sentimental desire; it
must not be indirect and contingent, indirect and L.3. REMEDY FOR THE DENIAL OF THE
remote, conjectural, consequential or collateral. MOTION TO INTERVENE
[Virra Mall Tenants v. Virra Mall, G.R. No. 182902 Remedies of the parties
(2011)] (1) If intervention is denied
(a) Aggrieved party may appeal

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(b) Mandamus will not lie except in case of (1) Shall state the name of the court and the title
grave abuse of discretion of the action or investigation
(2) If intervention is granted (2) Shall be directed to the person whose
(a) A grant of a motion to intervene is attendance is required
interlocutory (3) For subpoena duces tecum, shall also contain
a reasonable description of the books, or
M. SUBPOENA things demanded which must appear to the
court to be prima facie relevant
A process directed to a person requiring him:
(1) To attend and to testify at the hearing or the M.1. SUBPOENA DUCES TECUM
trial of an action, or at any investigation
conducted by competent authority, or for the A process directed to a person requiring him to
taking of his deposition; or bring with him books, documents, or other things
(2) To bring with him any books, documents, or under his control [Sec. 1, Rule 21]
other things under his control [Sec. 1, Rule 21]
The subpoena duces tecum is, in all respects, like
Subpoena Summons the ordinary subpoena ad testificandum, with the
exception that it concludes with an injunction
An order to appear and that the witness shall bring with him and produce
An order to answer
testify or to produce at the examination the books, documents, or
complaint
books and documents things described in the subpoena.
May be served to a Served on the
Before this subpoena may issue, the court must
non-party defendant
first be satisfied that the following tests are met:
Needs tender of (1) Test of relevancy – the books, documents, or
kilometrage, Does not need tender other things requested must appear prima
attendance fee and of kilometrage and facie relevant to the issue subject of the
controversy;
reasonable cost of other fees
(2) Test of definiteness – such books must be
production fee reasonably described by the parties to be
readily identified.

Who may issue [Sec. 2, Rule 21] M.2. SUBPOENA AD TESTIFICANDUM


(1) Court before whom the witness is required to A process directed to a person requiring him to
attend attend and to testify at the hearing or the trial of
(2) Court of the place where the deposition is to
an action, or at any investigation conducted by
be taken
(3) Officer or body authorized by law to do so in competent authority or for the taking of his
connection with investigations conducted by deposition [Sec. 1, Rule 21]
said officer or body; or
(4) Any justice of the SC or of the CA, in any case M.3. SERVICE OF SUBPOENA
or investigation pending within the Service of subpoena shall be made in the same
Philippines
manner as personal or substituted service of
All processes issued by the MTC and MCTC in summons. [Sec. 6, Rule 21]
cases falling within their jurisdiction may be
Formalities
served anywhere in the Philippines without the
(1) The original is exhibited to the person served;
necessity of certification by the judge of the RTC
(2) A copy is delivered to him; and
[Sec. 38(2), BP 129] (3) Tender is made to him of the following:
(a) Fees for one day’s attendance;
Form and contents [Sec. 3, Rule 21] (b) Kilometrage allowed by the Rules; and
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(c) In the case of subpoena duces tecum, the (a) That the subpoena is unreasonable and
reasonable cost of producing the books, oppressive;
documents and things demanded. (b) That the articles sought do not appear
prima facie relevant to the issues;
Note: Tender of these amounts need not be made (c) That the applicant does not advance the
if subpoena is issued by or on behalf of the cost for the production of the articles
Republic, or an officer or agency thereof desired; or
(d) That there was no tender of witness fees
and kilometrage.
When made: must be such as to allow the witness
(2) For quashing subpoena ad testificandum
reasonable time for preparation and travel to the (a) That the witness is not bound thereby, or
place of attendance (b) That there was no tender of witness fees
and kilometrage.
M.4. COMPELLING ATTENDANCE OF
WITNESSES; CONTEMPT N. MODES OF DISCOVERY
The court which issued the subpoena may, upon Discovery
proof of service and failure of witness to attend, A device employed by a party to obtain
issue a warrant for the arrest of the witness and information about relevant matters on the case
make him pay the cost of such warrant and from the adverse party in the preparation for trial
seizure, if the court should determine that his [Riano]
disobedience was willful and without just cause
[Sec. 8, Rule 21] Purpose: To permit mutual knowledge before
trial of all relevant facts gathered by both parties
The refusal to obey a subpoena without adequate so that either party may compel the other to
cause shall be deemed contempt of the court disgorge facts whatever he has in his possession
issuing it. [Sec. 9, Rule 21] [Riano citing C.J.S.]

EXCEPTION: Modes of Discovery


Provisions regarding the compelling of (1) Depositions pending actions [Rule 23]
attendance [Sec. 8] and contempt [Sec. 9] do not (2) Depositions before action or pending appeal
apply where: [Rule 24]
(1) Witness resides more than 100km from his (3) Interrogatories to parties [Rule 25]
residence to the place where he is to testify by (4) Admission by adverse party [Rule 26]
the ordinary course of travel [“viatory right”]; (5) Production or inspection of documents or
or thing [Rule 27]
(2) Permission of the court in which the detention (6) Physical and mental examination of persons
prisoner’s case is pending was not obtained [Rule 28]

Note: “Viatory right” applies only in civil cases, N.1. DEPOSITION PENDING ACTION;
not criminal cases. [Genorga v. Quitain, AM No. DEPOSITION BEFORE ACTION OR PENDING
981-CFI (1977)] APPEAL
N.1.1 Meaning of Deposition [Rules 23-24]
M.5. QUASHING OF SUBPOENA Deposition – taking of testimony out of court of
Quashing of subpoena is done by the court, upon any person, whether party to the action or not but
motion promptly made at or before the time at the instance of a party to the action [Riano]
specified in the subpoena. [Sec. 4, Rule 21]
Kinds of Depositions
GROUNDS (1) Depositions pending action [Rule 23] – called
(1) For quashing subpoena duces tecum: deposition de bene esse

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(2) Depositions before action or pending appeal deposition and the name and address of each
[Rule 24] – called depositions in perpetuam person to be examined. [Sec. 15]
rei memoriam (2) After notice is served, the court may make any
order for protection of the parties and the
When Depositions Pending Action Taken [Sec. 1, deponent. [Sec. 16]
Rule 23] (3) The attendance of the witnesses may be
(1) With leave of court compelled by the use of subpoena. [Sec. 1]
(a) After jurisdiction has been obtained over (4) The deponent may be examined following the
any defendant or over the property which is procedures for witnesses in a trial, and may be
the subject of the action, but asked questions on direct, cross, re-direct or
(b) Before an answer has been served re-cross. He has the same rights as a witness
(2) Without leave of court after answer has been and may be impeached like a court witness.
served [Sec. 3]
(5) The officer before whom the deposition is
NOTE: The taking of deposition of a person being taken has no authority to rule on
objections interposed during the course of the
confined in prison is always by leave of court,
deposition but any objections shall be noted
whether before or after service of the answer. by him upon the deposition. Any evidence that
[Sec. 1, Rule 23] is objected to shall be taken subject to the
objection. [Sec. 17]
Before whom Depositions are taken [Secs. 10-11,
Rule 23] Effect of Taking Depositions [Sec. 7, Rule 23]
(1) Within the Philippines: A party shall not be deemed to make a person his
(a) Judge own witness for any purpose by taking his
(b) Notary Public, or deposition because depositions are taken for
(c) Any person authorized to administer oaths, discovery and not for use as evidence.
as stipulated by the parties in writing
(2) Outside the Philippines
Depositions Before Actions or Pending Appeal
(a) On notice before a secretary of embassy or
[Rule 24]
legation, consul general, consul, vice-
Referred to as perpetuation of testimony
consul, or consular agent of the Philippines
(b) Before such person or officer as may be (“depositions in perpetuam rei memoriam”)
appointed by commission or under letter because their objective is to perpetuate the
rogatory or testimony of a witness for future use, in the event
(c) Any person authorized to administer oaths of further proceedings in said court.
as stipulated by parties in writing
Who may avail:
Disqualification by interest [Sec. 13, Rule 23] Any person:
No deposition shall be taken before the (1) Who wants to perpetuate his own testimony;
following: or
(1) A relative by affinity or consanguinity within (2) Who wants to perpetuate the testimony of
the 6th degree of any party; another person
(2) An employee or counsel of any of the parties
(3) A relative within the same degree or employee Procedure for Deposition before Action
of such counsel; (1) File a verified petition in the court of the place
(4) Any person financially interested in the action of the residence of any expected adverse
party, entitled in the name of the petitioner
Taking Depositions upon Oral Examination and stating:
(1) A party desiring to take the deposition shall (a) That the petitioner expects to be a party to
give reasonable notice in writing to every party an action in a court of the Philippines but is
stating the time and place for taking the unable to bring it or cause it to be brought;
(b) The subject matter of the expected action
and his interest therein;
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(c) The facts which he desires to establish by same notice and service thereof as if the action
the proposed testimony and his reasons for was pending therein. The motion shall state:
desiring to perpetuate it; (a) The names and addresses of the persons to
(d) The names or a description of the persons be examined and the substance of the
he expects will be adverse parties and their testimony which he expects to elicit from
addresses so far as known; and each, and
(e) The names and addresses of the persons to (b) The reason for perpetuating their
be examined and the substance of the testimony.
testimony which he expects to elicit, and (3) Order allowing the deposition: If the court
(f) Asking for an order authorizing the taking finds that the perpetuation of the testimony is
of the depositions of the persons sought to proper to avoid a failure or delay of justice, it
be examined named in the petition for the may make an order allowing the deposition to
purpose of perpetuating their testimony. be taken.
(2) Notice and service to each person named in the
petition as an expected adverse party, N.1.2. Uses; Scope of Examination
together with a copy of the petition, stating General Uses of Deposition:
that the petitioner will apply to the court, at a (1) Intended as a means to compel disclosure of
time and place named therein, for the order facts resting in the knowledge of a party or
described in the petition. other person, which are relevant in a suit or
(a) At least 20 days before the date of the proceeding
hearing, the court shall cause notice (2) Dual functions:
thereof to be served on the parties and (a) A method of discovery
prospective deponents in the manner
(b) A method of presenting testimony in lieu of
provided for service of summons.
oral open court testimony
(3) Order and Examination: If the court is satisfied
that the perpetuation of the testimony may
Scope of Examination [Sec. 2, Rule 23]
prevent a failure or delay of justice, it shall
make an order designating or describing the Deponent may be examined as to any matter:
persons whose deposition may be taken and (1) Not privileged;
specifying the subject matter of the (2) Relevant to the subject of the pending action;
examination and whether the depositions and
shall be taken upon oral examination or (3) Under such limitations as the court may order
written interrogatories. under Secs. 16 and 18.

Use of Deposition These may relate to:


If a deposition to perpetuate testimony is taken (1) Any claim or defense of any other party;
under this Rule, or if, although not so taken, it (2) The existence, description, nature, custody,
would be admissible in evidence, it may be used condition, and location of books, documents
and other tangible things; or
in any action involving the same subject matter
(3) The identity or location of persons having
subsequently brought in accordance with the knowledge of relevant facts.
provisions of sections 4 and 5 of Rule 23. [Sec. 6,
Rule 24] Specific Uses of Depositions [Sec. 4, Rule 23]
The use of depositions depends on whether
Procedure for Deposition Pending Appeal: deponent is a party or not.
(1) During the pendency of an appeal, the court in (1) For contradicting or impeaching the testimony
which the judgment was rendered may allow of the former deponent, now testifying as a
the taking of depositions of witnesses to witness
perpetuate their testimony in the event of • Only used to contradict, not as proof of
further proceedings in the said court. specific facts
(2) The party who desires to perpetuate the • Cannot be used for this person if deponent
testimony may make a motion in the said court does not testify
for leave to take the depositions, upon the
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(2) For any purpose, if the deponent was an thereof for any reason which would require the
adverse party exclusion of the evidence if the witness were then
• May be used as an admission present and testifying. [Sec. 6, Rule 23]
• Cannot, however, be used in the trial of a
case against a defendant who was not a N.1.4. When may taking of deposition be
party to the action when the deposition terminated or its scope limited
was taken
How done
(3) Deposition of a witness or party may be used
for any purpose under the following (1) A motion or petition for termination or limit
circumstances: examination is filed by any party or of the
(a) Witness-deponent is dead – there must be deponent
proof or presumption of death, and proof (2) Filed in the court where the action is pending
that the deposition was lawfully taken OR the RTC of the place where deposition is
(b) Witness resides more than 100 km from the being taken
place of trial or hearing, or is out of the
country -- unless absence was procured by When done: At any time during the taking of
the proponent of the deposition deposition
(c) Disability of a witness due to age, sickness,
infirmity, or imprisonment – proven by Grounds:
certificate of attending physician That the examination is being conducted:
(d) Inability to procure attendance of witness (1) In bad faith, or
by subpoena (2) In such manner as unreasonably to annoy,
(e) Exceptional circumstances embarrass or oppress the deponent or party
GENERAL RULE: A deposition is not a substitute Effect of Errors and Irregularities in Depositions
for the actual testimony in open court of a party [Sec. 29, Rule 23]
or witness. If the witness is available to testify, he
should be presented in court to testify. If Error and Irregularities Effect
available to testify, a party’s or witness’ Waived
deposition is inadmissible in evidence for being
hearsay. [Dasmarinas Garments Inc. v. Reyes, G.R. As to notice for taking Unless written
No. 108229 (1993)]. depositions objection is promptly
served upon party
EXCEPTION: Depositions may be used as giving notice
evidence under the circumstances in Sec. 4.
Waived
Effect of Using Deposition [Sec. 8, Rule 23] Unless made:
Objection to taking (1) Before taking of
GENERAL RULE: If a party offers the deposition in deposition begins
deposition because of
evidence, then he is deemed to have made the or
disqualification of
deponent his witness. (2) As soon thereafter
officer before whom it as disqualification
EXCEPTIONS: is to be taken becomes known or
(1) The deposition is that of an opposing party, or could be discovered
(2) The deposition is used to impeach or with reasonable
contradict opponent. diligence
Objection to the Not waived by failure to
N.1.3. When may objections to admissibility be competency of a make them before or
made witness or during the taking of
Objection may be made at the trial or hearing to competency or deposition
receiving in evidence any deposition or part
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relevancy or Unless the ground of (1) That the deposition shall not be taken;
(2) That it may be taken at some designated place
materiality of the objection is one
other than that stated in the notice;
testimony which might have been (3) That it may be taken only on written
obviated or removed if interrogatories;
presented at that time (4) That certain matters shall not be inquired into’
(5) That the scope of the examination shall be
In the manner of taking, held with no one present except the parties to
in the form of questions the action and their officers or counsel;
or answers, in the oath (6) That after being sealed, the deposition shall
or affirmation, or in be opened only by order of the court;
conduct of parties and (7) That secret processes, developments, or
research need not be disclosed;
Occurring at oral errors of any kind which (8) That the parties shall simultaneously file
examination and might be obviated or specified documents or information enclosed
other particulars removed if promptly in sealed envelopes to be opened as directed
prosecuted are waived by the court;
Unless reasonable
objection thereto is N.2. WRITTEN INTERROGATORIES OF
made at the time of ADVERSE PARTIES
taking the deposition
[Rule 25]
Waived
Purpose: This mode of discovery is availed of by
Unless served in writing the party to the action for the purpose of eliciting
upon the party material and relevant facts from any of the
propounding them adverse party. [Sec. 1, Rule 25]
Objections to the within the time allowed
form of written for serving succeeding Scope and Use: Interrogatories have the may
interrogatories under cross or other relate to the same matter as may be inquired into
Sec. 25 and 26 interrogatories and under Depositions Pending Action and may also
within 3 days after be used for the same purposes provided. [Sec. 5,
service of last Rule 24]
interrogatories
authorized Written Interrogatories v. Interrogatories to
Parties
Waived
Written Interrogatories to
Unless motion to Interrogatories Parties
In the manner in suppress depositions or
Taken before a
which testimony is some part thereof is No deposition officer.
deposition officer
transcribed or in the made with reasonable
preparation under promptness after such Questions are
Sec. 17, 19, 20, and 26 defect is ascertained, or prepared beforehand,
The questioning is
with due diligence and submitted to the
direct.
might have been deposition officer who
ascertained will ask the deponent

Orders of the court regarding deposition taking:


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The deposition of any (a) Statements of conclusions of law;


Interrogatories are (b) Answers to hypothetical questions or
person may be taken,
served on parties to the opinion;
whether he is a party (c) Mere hearsay; or
action
or not. (d) Matters not within the personal knowledge
of the interrogated party
Service of Interrogatories to Parties (2) Frivolous interrogatories need not be
Any party desiring to elicit material and relevant answered. [Herrera]
facts from any adverse party shall file and serve
upon the adverse party written interrogatories to N.2.1. Consequences of refusal to answer
be answered by the party served. On failure to answer of a party served with
interrogatories, the court, on motion and notice,
Manner of Service may:
(1) Without leave of court – After answer has (1) Strike out all or any part of any pleading of
been served; and for the first set of that party;
interrogatories (2) Dismiss the action;
(2) With leave of court – before the answer has (3) Render judgment by default against the party;
been served; and for subsequent sets of and
interrogatories (4) Order payment by such party of reasonable
expenses including attorney’s fees. [Sec. 5,
NOTE: No party may, without leave of court, serve Rule 29]
more than one set of interrogatories to be
N.2.2. Effect of failure to serve written
answered by the same party. [Sec. 4, Rule 25]
interrogatories
A party not served with written interrogatories
Answers as Judicial Admissions
may not be compelled by adverse party to:
Written interrogatories and the answers thereto
(1) Give testimony in open court; or
must both be filed and served. [Sec. 2, Rule 25]
(2) Give deposition pending appeal [Sec. 6, Rule
Hence, the answers may constitute as judicial 25]
admissions [Sec. 4, Rule 129]
Exception: Allowed by the court for good cause
Form: The answer must be fully in writing, signed shown and to prevent a failure of justice
and sworn to by the person making them.
N.3 REQUEST FOR ADMISSION
Service and Filing
[Rule 26]
Shall be filed and served on the party submitting Rule 26, as a mode of discovery, contemplates
interrogatories within 15 days after service of interrogatories seeking clarification in order to
interrogatories, unless the court extends or determine the truth of the allegation in a
shortens period on motion and for good cause. pleading.

Objections to Interrogatories Purposes:


Objections may be presented to the court within (1) To allow one party to request the adverse in
10 days after service of the interrogatories, with writing to admit certain material and relevant
notice as in case of a motion. [Sec. 3, Rule 25] matters which most likely will not be disputed
during the trial.
Effect: Answers shall be deferred until objections (2) To avoid unnecessary inconvenience to the
are resolved parties in going through the rigors of proof,
before the trial, a party may request the other
to:
Grounds
(1) The interrogatories require:
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(a) Admit the genuineness of any material and N.3.2. Consequences of failure to answer request
relevant document described in and for admission
exhibited with the request; or The proponent may apply to the proper court for
(b) Admit the truth of any material and an order to compel an answer. [Sec. 1, Rule 29]
relevant matter of fact set forth in the
request [Sec. 1, Rule 26]
If application is granted, the court:
How made: (1) Shall require the refusing party to answer; and
(1) A party files and serves upon any other party a (2) May require the refusing party or counsel to
written request pay reasonable expenses for obtaining the
order, the refusal to answer was without
(2) Copies of the documents shall be served with
substantial justification.
the request unless already furnished
If application is denied and it was filed without
The request for admission must be served on the
substantial justification, the court may require
party, not the counsel. This is an exception to the
the refusing party or counsel to pay reasonable
general rule that notices shall be served upon
expenses for opposing the application.
counsel and not upon the party. [Duque v. CA,
G.R. 125383 (2002)]
Refusal to answer after being directed by the
court would constitute contempt of court.
When made: At any time after issues have been
joined, which is to say,
Refusal to obey would also allow the court to
make such orders regarding the refusal as are
N.3.1. Implied admission by adverse party
just, such as:
Each of the matters which an admission is
(1) That the matters regarding which questions
requested shall be deemed admitted unless the
were asked be taken as established for the
party to whom request is directed files and serves purposes of the action in accordance with the
upon the party requesting admission a sworn claim of the party obtaining the order;
statement [Sec. 2, Rule 26] (2) That the disobedient party be disallowed from
supporting or opposing designated claims or
Contents defenses;
(1) Denying specifically the matters of which an (3) That pleadings or parts thereof be stricken
admission is requested, or out; or
(2) Setting forth in detail the reasons why he (4) That further proceedings be stayed until
cannot truthfully either admit or deny those compliance; or that actions or any parts
matters thereof be dismissed or that judgment be
rendered by default against the disobedient
Period: Such party must file and serve such party; or
statement: (5) That the disobedient party be arrested. [Sec.
3, Rule 29]
(1) Within a period not less than 15 days
designated in the request; or N.3.3. Effect of admission
(2) Within such further time as the court may
Any admission made by a party pursuant to such
allow on motion
request is for the purpose of the pending action
Objections shall be submitted to the court by the only [Sec. 3, Rule 26]
party requested within the period for and prior to
filing of his sworn statement. Compliance with It shall not:
the sworn statement shall be deferred until (1) Constitute an admission by him for any other
purpose; nor
objections are resolved. [Sec. 2, Rule 26]
(2) Be used against him in any other proceeding

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N.3.4. Effect of failure to file and serve request for Production or


admission Inspection of Subpoena Duces Tecum
Applicability: The party fails to file and serve a Documents
request for admission on the adverse party for
facts at issue, which are: A means of compelling
A mode of discovery
(1) Material and relevant fact at issue, and production of evidence
(2) Are, or ought to be, within the personal
knowledge of the adverse party Limited to the parties May be directed to non-
of the action party
Effect: The party shall not be permitted to present
Issued upon motion
evidence on such facts, unless allowed by the May be issued upon ex
with notice to the
court for good cause and to prevent a failure of parte application
adverse party
justice [Sec. 5, Rule 29]
May be asked before May be asked only
N.4 PRODUCTION OR INSPECTION OF and/or during trial during trial
DOCUMENTS OR THINGS
Applicable only to a pending action and the Must show good Need not show good
things subject of the motion must be within the cause cause
possession, control, or custody of a party. Grounds for quashal:
(1) Unreasonable,
Procedure [Sec. 1, Rule 27] May be quashed for oppressive,
A motion is filed by the party seeking production lack of good cause irrelevant
or inspection, showing good cause therefor. shown (2) Failure to advance
reasonable costs of
The court may issue an order: production
(1) for the party to produce and permit inspection,
copying or photographing, by or on behalf of Disobedience would
the moving party, of any designated allow court to issue Disobedience
documents or tangible things, orders as in the case constitutes contempt
(a) not privileged, of refusal to answer of court
(b) constituting or containing material request for admission
evidence, and
(c) in the party’s in his possession, custody or
control N.5. PHYSICAL AND MENTAL EXAMINATION
(2) for the party to permit entry upon designated OF PERSONS
land or other property, in his possession or Applicable in an action in which the mental or
control, for inspection, measuring, surveying, physical condition of a party is in controversy.
or photographing property or any designated [Sec. 1, Rule 28]
relevant object or operation.

The order shall state: Procedure [Sec. 2, Rule 28]


(1) The time, place, and manner of making the A motion for the examination is filed in the court
inspection and taking copies and where the action is pending:
photographs, and (1) showing good cause for the examination;
(2) Such terms and conditions as are just (2) with notice to the party to be examined, and
all other parties; and
Production of Documents vs Subpoena Duces (3) specifying the time, place, manner,
Tecum conditions, scope, and person conducting the
examination.

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Since the results of the examination are intended Form of Refusal Sanctions
to be made public, the same are not covered by
physician-patient privilege [Sec. 24(b), Rule 130] The court may, upon
proper application,
Report of Findings [Sec. 3, Rule 28] compel a refusing
The party examined may request delivery of a deponent to answer
copy of the detailed written report, with the [Sec. 1]
findings of the examining physician. Upon such (1) If granted, and
request and delivery, the party causing the refusal to answer is
examination is entitled upon request to receive a without substantial
like report of any examination, previously or justification, court
thereafter made, of the same mental or physical may require the
refusing party to pay
condition. proponent the
reasonable expenses
If such report is not delivered: incurred in obtaining
Refusal to answer
(a) Due to refusal of the party examined, the the order
court may make an order requiring delivery any question
(2) If denied, and filed
on such terms as are just; [Sec. 1 and 2] without substantial
(b) Due to failure or refusal of the physician, the justification, court
court may exclude his testimony when may require
offered at trial. proponent to pay
refusing party the
Waiver of Privilege [Sec. 4, Rule 28] reasonable expenses
Where the party examined requests and obtains incurred in obtaining
a report on the results of the examination, the the order
consequences are:
(1) He has to furnish the other party a copy of the A refusal to answer after
report of any previous or subsequent being directed by court
examination of the same physical and mental to do so may be
condition; and constituted as contempt
(2) He waives any privilege he may have in that of court
action or any other involving the same
controversy regarding the testimony of any Cite the disobedient
other person who has so examined him or may Refusal to be Sworn
deponent in contempt of
thereafter examine him [Sec. 2]
court
N.6. CONSEQUENCES OF REFUSAL TO The court may make the
COMPLY WITH MODES OF DISCOVERY
Refusal to answer following orders:
designated (1) Prohibit the
disobedient party to
questions or refusal
introduce evidence
to produce of physical or mental
documents or to condition
submit to physical (2) Refuse to allow the
or mental disobedient party to
examination support or oppose
[Sec. 3] claims or defenses
(3) Strike out pleadings
or parts thereof

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Form of Refusal Sanctions Form of Refusal Sanctions

(4) Stay further including attorney’s


proceedings fees
(5) Dismiss the action or
proceeding or any
part thereof
(6) Render a judgment
by default against
disobedient party
(7) Direct the arrest of
any party disobeying Note: Expenses and attorney’s fees are not to be
any of such orders imposed upon the Republic of the Philippines.
except an order to
[Sec. 6, Rule 29]
submit to a physical
or mental
examination
(8) Other orders as may O. TRIAL
be just
The judicial process of investigating and
The court, upon proper determining the legal controversies, starting with
application, issue an the production of evidence by the plaintiff and
order requiring the other ending with his closing arguments [Acosta v.
party to pay him People [1962]].
reasonable expenses
incurred, including A hearing is a broader term. It is not confined to
attorney’s fees the trial and presentation of the evidence
Refusal to admit PROVIDED that party because it actually embraces several stages in
under Rule 26 requesting proves the litigation. It includes the pre-trial and the
[Sec. 4] genuineness of such determination of granting or denying a motion.
document or truth [Trocio v. Labayo [1973]]
UNLESS court finds:
(1) There were good GENERAL RULE: When an issue exists, trial is
reasons for denial necessary. Decision should not be made without
(2) Admissions sought trial.
were of no
importance EXCEPTIONS:
A civil case may be adjudicated upon without the
The court on motion and
need for trial in any of the following cases:
notice may:
(1) Where the pleadings tender no issue at all,
(1) Strike out all or any
judgment on the pleadings may be directed by
part of any pleading
the court [Rule 34]
Failure of party to of disobedient party
(2) Where from the pleadings, affidavits,
attend or serve (2) Dismiss the action or depositions and other papers, there is actually
answers to written proceeding or any
no genuine issue, the court may render a
interrogatories part thereof
summary judgment [Rule 35]
(3) Enter a judgment by
[Sec. 5] (3) Where the parties have entered into a
default against
compromise or an amicable settlement either
disobedient party
during the pre-trial or while the trial is in
(4) Order payment of
progress [Rule 18; Art. 2028, Civil Code]
reasonable expenses
incurred by the other
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(4) Where the complaint has been dismissed with (b) That diligent efforts had been exerted to
prejudice, or when the dismissal has the effect procure the evidence
of an adjudication on the merits [Sec. 5, Rule
16; Sec. 3, Rule 17; Sec. 5, Rule 7] O.2.2. For illness of party or counsel [Sec. 4, Rule
(5) Where the case falls under the Rules on 30]
Summary Procedure, and Motion accompanied by affidavit or sworn
(6) Where the parties agree, in writing, upon the
certification showing:
facts involved in the litigation and submit the
case for judgment on the facts agreed upon, (a) The presence of such party or counsel at
without the introduction of evidence. [Sec. 6, the trial is indispensable; and
Rule 30] [Riano] (b) That the character of his illness is such as
to render his non-attendance excusable
Notice of Trial
Upon entry of a case in the trial calendar, the O.3. AGREED STATEMENT OF FACTS
clerk shall notify parties the date of its trial, The parties may agree, in writing, upon the facts
ensuring receipt of the notice at least 5 days involved in the litigation and submit the case for
before the trial date. [Sec. 1, Rule 30] judgment in the facts agreed upon, without the
introduction of evidence
O.1. ADJOURNMENT AND POSTPONEMENTS
If the parties agree only on some of the facts in
A court may adjourn a trial from day to day, and
issue, trial shall be held as to the disputed facts
to any stated time, as the expeditious and
in such order as the court shall prescribe. [Sec. 6,
convenient transaction of business may require
Rule 30]
Limitations
The court has no power to adjourn a trial for: Stipulation in Civil Stipulation in Criminal
(1) A period longer than one month for each Cases Cases
adjournment; or
May be signed alone
(2) More than 3 months in all Must be signed by both
by the counsel, who
counsel and accused
EXCEPTION: The court may go beyond these has an SPA
limitations, if authorized in writing by the Court
May be made verbally Strict; it must always be
Administrator.
or in writing in writing
Postponement
A motion for postponement should not be filed
An agreed statement of facts is conclusive on the
on the last hour especially when there is no
parties, as well as on the court. Neither of the
reason why it could not have been presented
earlier. A party asking for postponement has no parties may withdraw from the agreement, nor
absolute right to expect that his motion would be may the court ignore the same. [McGuire v.
granted. [Republic v. Sandiganbayan, G.R. No. Manufactures Life, G.R. L-3581 (1950)]
123997 (1999)]
O.4. ORDER OF TRIAL; REVERSAL OF ORDER
O.2. REQUISITES OF MOTION TO POSTPONE Trial shall be limited to the issues stated in the
TRIAL pre-trial order, except in the following cases:
(1) The court orders separate trial under Sec. 2,
O.2.1. For absence of evidence [Sec. 3, Rule 30] Rule 31 in the furtherance of convenience or to
avoid prejudice; or
Motion accompanied by affidavit showing:
(2) When for special reasons the court directs
(a) That the materiality or relevancy of the otherwise
evidence; and
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General Order of Trial When proper: When actions involving a common


(1) Plaintiff’s evidence in chief question of fact or law are pending before the
(2) Defendant’s evidence in chief and evidence in court [Sec. 1, Rule 31]
support of his counterclaim, cross-claim and
3rd-party complaint Court action:
(3) 3rd-party defendant shall adduce evidence of The court may:
his defense, counterclaim, cross-claim, and
(1) Order a joint hearing or trial of any or all
4th party complaint
matters in issue in the actions
(4) 4th-party defendant shall adduce evidence,
(2) Order all actions consolidated; or
and so forth
(3) Make such orders concerning proceedings
(5) Parties against whom any counterclaim or
therein as may tend to avoid unnecessary
cross-claim has been pleaded shall adduce
costs or delay
evidence in support of their defense, in the
order to be prescribed by court
Purpose: To avoid multiplicity of suits, guard
(6) Parties may then respectively adduce
rebutting evidence only, unless the court against oppression or abuse, prevent delay, clear
permits them to adduce evidence upon congested dockets, simplify the work of the trial
original case court and save unnecessary costs and expenses
(7) Upon admission of evidence, case submitted
for decision, unless court directs parties to Where a case has been partially tried before one
argue or to submit respective memoranda or judge, the consolidation of the same with another
any further pleading [Sec. 5, Rule 30] related case pending before another judge who
had no opportunity to observe the demeanor of
Reverse Order
the witness during trial makes the consolidation
The defendant presents evidence ahead of the
not mandatory. [PCGG v. Sandiganbayan, G.R.
plaintiff, when the defendant relies in his Answer
No. 102370-71 (1992)]
only upon an affirmative defense.
The rules do not distinguish between cases filed
Where the answer of the defendant admitted the
before the same branch or judge and those that
obligation stated in the complaint, although
are pending in different branches or before
special defenses were pleaded, the plaintiff has
different judges of the same court, in order that
every right to insist that it was for the defendant
consolidation may be proper, as long as the cases
to come forward with evidence to support his
involve the resolution of questions of law or facts
special defenses. [Yu v. Mapayo, G.R. No. L-
in common with each other [Active Woods
29742 (1972)]
Products Co. Inc. v. CA, G.R. No. 86602 (1990)]
The reasoning behind this is that the plaintiff
Kinds of Consolidation [Republic v. Heirs of
need not present evidence since judicial
Oribello, G.R. No. 199501 (2013)]
admissions do not require proof [Sec. 2, Rule 129]
(1) Quasi-consolidation – where all, except one, of
O.5. CONSOLIDATION OR SEVERANCE OF several actions are stayed until one is tried, in
which case, the judgment in the one trial is
HEARING OR TRIAL
conclusive as to others; not actually
Consolidation – a procedural device, granted to consolidation but referred to as such
the court as an aid in deciding how case in its (2) Actual consolidation – where several actions
docket are to be tried, so that the business of the are combined into one, lose their separate
court may be dispatched expeditiously while identity, and become one single action in
which judgment is rendered
providing justice to the parties. [Republic v. Heirs
(3) Consolidation for Trial – where several actions
of Oribello, G.R. No. 199501 (2013)] are ordered to be tried together, but each
retains its separate character, and requires
the entry of separate judgment
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and upon whose report, if confirmed, judgment is


When proper: A single action has a number of rendered
claims, counterclaims, cross-claims, third-party
complaints or issues which may be separately Trial by commissioner depends largely upon the
tried for convenience, or to avoid prejudice. discretion of the court

When separate trial of claims is conducted by the EXCEPTIONS: In the following instances,
court under this section, it may render separate appointment of a commissioner is necessary:
judgments on each claim [see Sec. 5, Rule 36] (1) Expropriation [Rule 67]
(2) Partition [Rule 69]
This provision permitting separate trials (3) Settlement of Estate of a Deceased Person in
presupposes that the claims involved are within case of contested claims; and
the jurisdiction of the court (4) Submission of Accounting by executors or
administrators
• When one of the claims is not within its
jurisdiction, the same should be dismissed, so
Kinds of Trial by Commissioners
that it may be filed in the proper court
(1) Reference by consent of both parties.
O.6. DELEGATION OF RECEPTION OF (2) Reference ordered on motion.
EVIDENCE
O.7.1. Reference by Consent or Ordered on motion

The judge of the court where the case is pending


Reference by Consent
shall personally receive the evidence to be
The court may order any or all of the issues in a
adduced by the parties. [Sec. 9, Rule 30]
case to be referred to a commissioner by written
consent of both parties. [Sec. 1, Rule 32]
EXCEPTION: The court may delegate the
reception of evidence to its clerk of court who is a
Commissioners are to be:
member of the bar in:
(1) Agreed upon by the parties; or
(1) Default hearings; (2) Appointed by the court
(2) Ex parte hearings;
(3) Cases where parties agree in writing. Reference Ordered on Motion
The court may direct reference to a
The clerk of court has no power to rule on
commissioner, upon application of a party or
objections to any question or the admission of
upon its own motion, in the ff. cases:
exhibits. Objections shall be resolved by the court
upon submission of the clerk’s report and TSN (1) When trial of an issue of fact requires
examination of long account;
within 10 days from termination of the hearing.
(2) When taking of an account is necessary;
(3) When question of fact, other than upon
The rule requires that, where the reception of pleadings, arises upon motion or otherwise, in
evidence is delegated to the clerk of court, he any stage, or for carrying a judgment into
must also be a member of the bar. Neither effect [Sec. 2, Rule 32]
agreement by parties nor their acquiescence can
justify its violation. [Umali-Paco v. Quilala, AM Order of Reference: [Sec. 3, Rule 32]
RTJ-02-1699 (2003)] When a reference is made, the clerk shall furnish
the commissioner with a copy of the order of
O.7. TRIAL BY COMMISSIONERS reference, which may contain the following:
Commissioner - A person to whom a case pending (1) Specifications or limitations of the powers of
in court is referred, for him to take testimony, the commissioner;
hear the parties and report thereon to the court,

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(2) A direction to report only upon particular (2) When his powers are not specified or limited,
issues, to do or perform particular acts, or to he shall set forth his findings of fact and
receive and report evidence only conclusions of law
(3) The date for beginning and closing the (3) He shall attach all exhibits, affidavits,
hearings, and that for the filing of his report depositions, papers, and transcripts, if any, of
testimonial evidence presented before him
O.7.2. Powers of Commissioner
(1) Exercise power to regulate the proceeding Notice and Hearing on the Report [Secs. 10-11,
before him Rule 32]
(2) Do all acts and take all measures necessary or Upon filing of the report of the commissioner:
proper for the efficient performance of his (1) Parties shall be notified by the clerk
duties (2) Parties shall be allowed 10 days within which
(3) Issue subpoena and subpoenas duces tecum to object to the findings of the report
(4) Swear witnesses
(5) Rule upon the admissibility of evidence,
NOTE: Objections based upon grounds which
unless otherwise provided in the order of
reference were available to the parties during the
proceedings before the commissioner shall not be
NOTE: Refusal of a witness to obey such considered by the court, unless they were made
subpoena or to give evidence before him is before the commissioner
deemed contempt of the court which appointed
the commissioner. [Sec. 7, Rule 32] Upon expiration of the 10-day period to file
objections, the report shall be set for hearing.
Proceedings before the Commissioner [Sec. 5, After such hearing, the court shall issue an order:
Rule 32] (1) Adopting, modifying, or rejecting the report, in
(1) Upon receipt of the order of reference, the whole or in part
commissioner shall set a time and place for (2) Recommitting it with instructions; or
the first meeting of parties or their counsel (3) Requiring the parties to present further
(2) Notices shall be sent to parties or counsel evidence before the commissioner or the court
(3) Hearing is to be held within 10 days after date
of order of reference P. DEMURRER TO EVIDENCE
(4) If a party fails to appear, the commissioner A species of motion to dismiss that may be
may: [Sec. 6]
invoked based on insufficiency of evidence [i.e.
(a) Proceed ex parte; or
(b) Adjourn the proceedings to a future date upon the facts and the law the plaintiff has shown
giving notice to the absent party or his no right to relief]. [Sec. 1, Rule 33]
counsel
It is invoked after the plaintiff has presented all
O.7.3 Report of the Commissioner; notice to the evidence available to him
parties and hearing on the report
Report of the Commissioner Judgment on Demurrer to Evidence –judgment
[Sec. 9, Rule 32] rendered by the court dismissing a case upon
The report is filed with the court upon completion motion of defendant, made after plaintiff has
of the trial, hearing or proceeding before the rested his case, on the ground that upon the facts
commissioner. presented and the law on the matter, plaintiff has
not shown any right to relief.
Contents:
(1) Report in writing upon the matters submitted Demurrer of Evidence v. Motion to Dismiss
to him by the order of reference Demurrer to Evidence Motion to Dismiss

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Presented after the Presented before filing The appellate court should not remand the case
plaintiff has rested his of a responsive for further proceedings but should render
case pleading judgment on the basis of the evidence submitted
by the plaintiff. [Consolidated Bank and Trust
Based on the Based on those Corp. v. Del Monte Motor Works, Inc., G.R. No.
insufficiency of grounds enumerated in 143338 (2005)]
evidence Rule 16
J.4. WAIVER OF RIGHT TO PRESENT
If denied, the If denied, the EVIDENCE
defendant may defendant may file his
If the order granting the demurrer is reversed on
present his evidence responsive pleading appeal, the defendant loses his right to present
If granted, the evidence. [Sec. 1, Rule 33; Republic v. Tuvera, G.R.
No. 148246 (2007)]
If granted, the complaint is dismissed;
complaint is plaintiff may appeal or J.5. DEMURRER TO EVIDENCE IN A CIVIL CASE
dismissed; plaintiff’s re-file, depending on VS. DEMURRER TO EVIDENCE IN A CRIMINAL
remedy is to appeal the ground for CASE
dismissal.
Civil Cases Criminal Cases

J.1. GROUND Defendant files a Court may motu proprio


Insufficiency of evidence, that upon the facts and demurrer. dismiss the action for
the law the plaintiff has shown no right to relief. insufficiency of
[Sec. 1, Rule 33] Court cannot motu prosecution’s evidence,
propio dismiss the after it has rested its
J.2. EFFECT OF DENIAL case for insufficiency
of plaintiff’s evidence case. [Sec. 23, Rule 119]
If the demurrer is denied, the defendant shall
have the right to present his evidence. Defendant need not May be filed with or
ask for leave of court without leave of court.
The court should not proceed to grant the relief
demanded by the plaintiff but should set the date If court denies the
for reception of the defendant’s evidence. demurrer
[Northwest Airlines v. CA, G.R. No. 120334 (1998)] If court denies the (1) filed with leave,
demurrer, defendant accused may
An order denying the demurrer is interlocutory, will present his present evidence.
(2) filed without leave,
and not subject to appeal. It can be subject to a evidence
accused can no
petition for certiorari, in case of grave abuse of longer present
discretion or oppressive exercise of judicial evidence.
authority. [Katigbak v. Sandiganbayan, G.R. No.
140183 (2003)] If plaintiff’s evidence If prosecution’s
insufficient, court will evidence insufficient,
J.3 EFFECT OF GRANT grant demurrer by court will grant
dismissing the demurrer by rendering
If the demurrer is granted, the case shall be
complaint judgment of acquittal.
dismissed.
The judgment of Judgment of acquittal
As a final order, the remedy of the plaintiff is to dismissal is is not appealable;
appeal. If the appeal is granted, the defendant- appealable; If Double jeopardy sets
movant loses the right to present evidence. reversed, court will in.

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Civil Cases Criminal Cases This is considered void in our jurisdiction


for denying a party his right to a day in
decide based on court [PNB vs. Manila Oil (1992)]
plaintiff’s evidence. (b) Judgment by confession relicta verification –
after pleading and before trial, the
defendant:
Q. JUDGMENTS AND FINAL ORDERS
(i) confessed the plaintiff’s cause of
Judgments in General action; and
The final ruling by a court of competent (ii) withdrew his plea or other
jurisdiction regarding the rights and obligations allegations, whereupon judgment
of the parties, or other matters submitted to it in was entered against him without
proceeding to trial.
an action or proceeding [Macahilig v. Heirs of
(3) Judgment upon the merits – one rendered
Magalit (2000)] after consideration of the evidence submitted
by the parties during the trial of the case.
Requisites of A Valid Judgment [Riano] A judgment is “on the merits” when it
(1) Court or tribunal must be clothed with amounts to a legal declaration of the
authority to hear and determine the matter respective rights and duties of the parties,
before it. [Acosta v. COMELEC (1998)]
(2) Court must have jurisdiction over the parties based upon the disclosed facts.
and the subject matter. (4) Clarificatory Judgment – one rendered to
(3) Parties must have been given an opportunity clarify an ambiguous judgment or one difficult
to adduce evidence in their behalf. [Acosta v. to comply with.
COMELEC (1998)] (5) Judgment Nunc Pro Tunc – literally, “now for
(4) Evidence must have been considered by the then”. It is a judgment intended to enter into
tribunal in deciding the case. [Acosta v. the record the acts which had already been
COMELEC (1998)] done, but which do not appear in the records.
(5) Judgment must be in writing, personally and [Lichauco v. Tan Pho (1923)]
directly prepared by the judge. [Corpus v. It can only be issued when the thing ordered
Sandiganbayan (2004)] has previously been made, but by
(6) Judgment must state clearly the facts and the inadvertence has not been entered. [Briones-
law upon which the decision is based, signed Vasquez vs. CA (2005)]
by the judge and filed with the clerk of court. (6) Judgment sin perjuicio – refers to a judgment
[Sec. 1, Rule 36; Sec. 14, Art. VIII, 1987 with a dispositive portion only. It is not
Constitution] allowed and cannot have any effect.
(7) Conditional Judgment – one whose effectivity
Kinds of Judgment depends upon the occurrence or non-
(1) Judgment by Compromise – one conferred on occurrence of an event; generally void
the basis of a compromise agreement entered because of the absence of a disposition [Cu-
into between the parties. It is immediately Unjieng v. Mabalacat Sugar Co. (1940)]
executory in the absence of a motion to set (8) Several Judgment – one rendered by a court
aside on the ground of fraud, accident, against one or more defendants and not
mistake, or excusable negligence, as it against all of them, leaving the action to
constitutes a waiver of the right to appeal. proceed against the others. [Sec. 4, Rule 36]
(2) Judgment by Confession – one rendered by the Proper when the liability of each party is
court when a party expressly agrees to the clearly separate and distinct from his co-
other party’s claim or acknowledges the parties such that:
validity of the claim against him.
(a) the claims against each of them could have
(a) Judgment by cognovit actionem – one been the subject of separate suits, and
rendered upon confession made pursuant
(b) the judgment for or against one of them
to a clause in a promissory note or contract
will not necessarily affect the other.
that upon default, the holder may confess
judgment as the maker’s attorney-in-fact.
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Where a common cause of action exists, a • Part of the judgment that is subject to
several judgment is not proper. execution, as constituting the judgment of
(9) Separate Judgment – one rendered disposing the court
of a claim among several others presented in It is the dispositive part of the judgment that
a case, after a determination of the issues actually settles and declares the rights and
material to a particular claim and all obligations of the parties, finally, definitively,
counterclaims arising out of the transaction or and authoritatively [Light Rail Transit
occurrence that is the subject matter of said Authority v. CA (2004)]
claim. [Sec. 5, Rule 36]
(3) Signature of the judge
Proper when more than one claim for relief is
presented in an action for the determination Distinction Between Judgment And the Opinion
as to the issues material to the claim has been Of The Court
made.
(10) Memorandum Decision – a decision of the The Opinion is the informal expression of the
appellate court which adopts the findings and views of the court and cannot prevail against its
conclusions of the trial court.
final order or decision. While the two may be
(11) Declaratory Judgment – one rendered in
a special civil action for declaratory relief. combined in one instrument, the opinion forms
(12) Foreign Judgment – one rendered by a no part of the judgment. So there is a distinction
tribunal of a foreign country [Sec 48, Rule 39] between the findings and conclusions of a court
and its judgment.
Q.1. JUDGMENT WITHOUT TRIAL
Trial is not necessary in the following instances: While they may constitute its decision and
(1) Judgment on the Pleadings [Rule 34] amount to a rendition of a judgment they are not
(2) Summary Judgment [Rule 35] the judgment itself. They amount to nothing
(3) Upon compromise or amicable settlement, more than an order for judgment, which, of
either during pre-trial or during trial [Rule 18; course, must be distinguished from the
Art. 2028, Civil Code] judgment. [Freeman on Judgments, Vol. I, 5th
(4) Dismissal with prejudice [Sec. 5, Rule 16; Sec. Edition, page 6, quoted in Casilan v. Salcedo
3, Rule 17; Sec. 5, last par., Rule 7]
(1969)]
(5) Under the Rules on Summary Procedure
(6) Agreed statement of facts [Sec. 6, Rule 30]
Conflict Between Disposition And Opinion Of The
Q.2. CONTENTS OF A JUDGMENT Court
Form of Judgment [Sec. 1, Rule 36] GENERAL RULE: Where there is a conflict
(1) In writing between the fallo and the body of the decision,
(2) Personally and directly prepared by the judge
the fallo controls.
(3) Stating clearly & distinctly the facts and the
law on which it is based
Basis: The fallo is the final order. The opinion in
(4) Signed by the judge
(5) Filed with the clerk of court. the body is merely a statement ordering nothing
[Poland Industrial Limited v. National
Parts of A Judgment [Riano, Herrera] Development Company (2005)]
(1) Opinion of the Court
• Also called the body, or the ratio decidendi EXCEPTION: This rule applies only when the
• Contains the findings of facts and dispositive part is definite, clear, and unequivocal
conclusions of law [Union Bank v. Pacific Equipment Corporation
(2) Disposition of the case (2008)]
• Also called the dispositive portion, or the
fallo

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Where the inevitable conclusion from the body of The memorandum decision, to be valid, cannot
the decision is that there was a mistake in the incorporate the findings of fact and the
dispositive portion, the body of the decision will conclusions of law of the lower court only by
prevail. [Rosales v. CA, G.R. No. 137566 (2001)] remote reference, which is to say that the
challenged decision is not easily and immediately
NOTE: See again “sin perjuicio” judgments available to the person reading the
memorandum decision. For the incorporation by
Q.2.1. Memorandum Decisions reference to be allowed, it must provide for direct
access to the facts and the law being adopted,
Form of decision in appealed cases which must be contained in a
Every decision of final resolution of a court in statement attached to the said decision. In other
appealed cases shall clearly and distinctly state words, the memorandum decision authorized
the findings of fact and the conclusions of law on under Section 40 of B.P. Blg. 129 should actually
which it is based, which may be contained in the embody the findings of fact and conclusions of
decision or final resolution itself, or adopted by law of the lower court in an annex attached to and
reference from those set forth in the decision, made an indispensable part of the decision.
order, or resolution appealed from. [Section
40. B.P. 129 (1981)] It is expected that this requirement will allay the
suspicion that no study was made of the decision
No decision shall be rendered by any court of the lower court and that its decision was
without expressing therein clearly and distinctly merely affirmed without a proper examination of
the facts and the law on which it is based. the facts and the law on which it is
based. The proximity at least of the annexed
No petition for review or motion for statement should suggest that such an
reconsideration of a decision of the court shall be examination has been undertaken. It is, of course,
refused due course or denied without stating the also understood that the decision being adopted
legal basis therefor. [Sec. 14, Art. VIII, 1987 should, to begin with, comply with Article VIII,
Constitution] Section 14 [1987 Constitution] as no amount of
incorporation or adoption will rectify its violation.
Purpose of Law on Authorizing Memorandum
Decision When Rendered
There is no question that the purpose of the law It is an additional condition for the validity that
in authorizing the memorandum decision is to this kind of decision may be resorted to only in
expedite the termination of litigations for the cases where the facts are in the main accepted by
benefit of the parties as well as the courts both parties and easily determinable by the judge
themselves. and there are no doctrinal complications involved
that will require an extended discussion of the
Features of Memorandum Decision laws involved. The memorandum decision may
The distinctive features of the memorandum be employed in simple litigations only, such as
decision are, first, it is rendered by an appellate ordinary collection cases, where the appeal is
court, and second, it incorporates by reference obviously groundless and deserves no more than
the findings of fact or the conclusions of law the time needed to dismiss it.
contained in the decision, order or ruling under
review. Henceforth, all memorandum decisions shall
comply with the requirements herein set forth
Requirement for its Validity both as to the form prescribed and the occasions
when they may be rendered. Any deviation will
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summon the strict enforcement of Article VIII, (6) Insufficiency of facts; proper remedy is
Section 14 of the Constitution and strike down the amendment
flawed judgment as a lawless disobedience.
[Victorino c. Francisco vs. Winai Permskul and the NOTE: The concept will not apply when no
Hon. Court of Appeals G.R. No. 81006 (1989)] answer is filed. It will come into operation when
an answer is served and filed but the same fails
Q.3. JUDGMENT ON THE PLEADINGS to tender an issue, or admits the material
allegations of the adverse party’s pleading.
Judgment on the Pleadings is a judgment
[Riano]
rendered by the court if the answer fails to tender
an issue, or otherwise admits the material When no answer is filed, the remedy is to move
allegations of the adverse party’s pleading. It is that the defendant be declared in default. [Sec. 3,
rendered without a trial, or even without a pre- Rule 9]
trial
Q.4. SUMMARY JUDGMENTS
A motion for a Judgment on the Pleadings, where
the answer admits the material averments of the A judgment which the court may render before
complaint, is one that may be considered ex parte trial, but after both parties have pleaded, upon
because upon the particular facts thus presented application by one party supported by affidavits,
and laid down before the court, the plaintiff is depositions, or other documents, with notice
entitled to a judgment [Dino v. Valencia, G.R. No. upon the adverse party who may file an
L-43886 (1989)] opposition supported also by such documents,
should the court find, after summarily hearing
A Judgment on the Pleadings cannot be rendered both parties with their respective proofs, that
by the court motu propio. It can only be done there exists no genuine issue between them.
where there is a prior motion to that effect by the [Herrera]
appropriate party. [Sec. 1, Rule 34; Riano; but see
Luzon Development Bank v. Conquilla, G.R. No. The trial court cannot motu propio decide that
163338 (2005)] summary judgment on an action is in order. The
defending party or claimant, as the case may be,
Grounds For Judgment On The Pleadings [Sec. 1, must invoke the rule by filing a motion. The
Rule 34] adverse party must then be notified of the motion
(1) The answer fails to tender an issue because of: and furnished with supporting documents before
(a) General denial of the material allegations hearing is conducted. [Pineda v. Heirs of Eliseo
of the complaint; Guevara, G.R. No. 143188 (2007)]
(b) Insufficient denial of the material
allegations of the complaint; or Summary Judgment is proper when it appears to
(2) The answer otherwise admits material
the court that:
allegations of the adverse party’s pleading
(1) There exists no genuine issue as to any
material fact, except as to the amount of
Judgment on the Pleadings is not proper in the ff.
damages; and
cases: (2) The party presenting the motion must be
(1) Declaration of Nullity of Marriage entitled to judgment as a matter of law
(2) Annulment of marriage; and
(3) Legal Separation Genuine Issue - an issue of fact which calls for the
(4) Unliquidated damages; claims for such presentation of evidence as distinguished from a
damages must be alleged and proved sham, fictitious, contrived, or false claim.
(5) Admission refers only to allegations of fact
and not conclusions of law [Philippine Bank of Communications v. Go, G.R.
No. 175514 (2011)]

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judgment. Trial should deal only with the facts


Test: Whether or not the pleadings, affidavits and not yet specified or established.
exhibits in support of the motion are sufficient to
overcome the opposing papers and to justify the Duty of the Court [Sec. 4, Rule 35]
finding that, as a matter of law, that there is no (1) Ascertain which material facts exist without
defense to the action, or the claim is clearly substantial controversy, and which are
meritorious. [Estrada v. Consolacion, G.R. No. L- actually and in good faith controverted, by:
40948 (1976)] (a) Examining the pleadings and evidence
before it; and
(b) Interrogating counsel
Q.4.1. For The Claimant; Q.4.2. For The Defendant
(2) Make an order, which:
(a) Specifies the facts without substantial
When Filed controversy and deemed established,
(1) If sought by the claimant – only after the including extent of damages
answer is served; [Sec. 1, Rule 35] (b) Directs further proceedings as are just
(2) If sought by the defendant – at any time [Sec. (3) Conduct trial on the controverted facts
2, Rule 35]
Effect: A partial summary judgment is not a final
NOTE: Filing of a motion for summary judgment judgment, but merely a pre-trial adjudication
does not interrupt the running of the period for that said issues in the case shall be deemed
filing an answer. Hence, the movant must also file established for the trial of the case. [Guevarra v.
a Motion for Extension of Time to File Answer. CA, G.R. No. L-49017 (1983)]
Procedure [Sec. 3, Rule 35] Q.4.4. Affidavits And Attachments
(1) Movant files a motion for summary judgment
with supporting affidavits, depositions or Form [Sec. 5, Rule 35]
admission
(1) Made on personal knowledge
(2) Service to the adverse party at least 10 days
the hearing (2) Setting forth such facts as would be
admissible in evidence
(3) Adverse party may serve opposing affidavits,
depositions or admissions at least 3 days (3) Showing affirmatively that the affiant is
before the hearing competent to testify to the matters stated
therein.
(4) Hearing – Court shall determine if a genuine
issue as to any material fact exists, and if the (4) Certified true copies of all papers or parts
movant is entitled to a summary judgment as thereof referenced in the affidavit shall be
a matter of law attached or served with the affidavit.
(5) Court renders summary judgment
Affidavits in bad faith [Sec. 6, Rule 35] – those
NOTE: Damages must still be proven even if not presented under this Rule which appear to the
denied. court at any time as presented in bad faith or
solely for the purpose of delay
Bases for Summary Judgment
(1) Affidavits made on personal knowledge; Effect:
(2) Depositions of the adverse or a 3rd party [Rule The court:
23] (1) shall order the offending party or counsel to
(3) Answers to interrogatories [Rule 25] pay the other party the amount of reasonable
(4) Admissions of the adverse party [Rule 26] expenses which the filing of the affidavits
caused him to incur; and
Q.4.3. When The Case Is Not Fully Adjudicated (2) may, after hearing, adjudge the offending
party or counsel guilty of contempt
Partial Summary Judgment – applies when for
some reason there can be no full summary
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Q.5. JUDGMENT ON THE PLEADINGS V. JUDGMENT


SUMMARY JUDGMENT V. JUDGMENT BY SUMMARY JUDGMENT ON
BY
DEFAULT JUDGMENT THE PLEADINGS
DEFAULT
SUMMARY JUDGMENT
JUDGMENT ON sum of declaration of separation,
BY
JUDGMENT THE PLEADINGS money or for nullity cases or
DEFAULT
declaratory declaration
Based on Based on relief of nullity
the the cases
Based solely on
pleadings, complaint
the pleadings If sought by
depositions, and
(complaint and plaintiff, it
admissions, evidence, if
answer) must be
and presentation
filed at any
affidavits is required
time after an
Generally answer is
available only to served. There is already There is no
Available to
the plaintiff, If sought by an answer filed answer filed
both Available to
unless the defendant,
plaintiff and plaintiff
defendant may be filed
defendant
presents a at any time
counterclaim even before
there is
There is no answer
genuine
issue The answer fails
No issue as Q.6. RENDITION OF JUDGMENTS AND FINAL
between the to tender an issue
no answer is ORDERS
parties or there is an
filed by the
i.e. There admission of
defending Rendition of Judgment
may be material
party Pronouncement of the judgment in open court
issues but allegations
these are does not constitute rendition of judgment. It is
irrelevant the filing of the signed decision with the clerk of
court that constitutes rendition. Even if the
10-day judgment has already been put in writing and
3-day notice 3-day notice
notice signed, it is still subject to amendment if it has
required rule applies
required not yet been filed with the clerk of court. [Ago v.
CA, G.R. No. L-17898 (1962)]
May be
interlocutory On the This includes an amended decision because an
On the merits
or on the merits amended decision is a distinct and separate
merits judgment and must follow the established
Available Available in procedural rule. [Herrera]
Available in any
only in any action
action except Promulgation refers to the process by which a
actions to except
annulment of decision is published, officially announced, made
recover a annulment
marriage, legal known to the public, or delivered to the clerk of
debt, or for a of marriage,
separation, or
liquidated legal
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court for filing, coupled with notice to the parties having perfected an appeal, or if there has been
or their counsel an appeal, it has been resolved by the highest
tribunal.
Period for Rendition
[Sec. 15, Art. VIII, 1987 Constitution] This is the date of entry of judgment even if the
(1) All cases filed must be decided or resolved by physical act of entering the judgment in the book
the Supreme Court within 24 months from the of entries is done later. [Riano]
date of their submission for decision. NOTE: See Q.2.3.1, Final Judgment Rule
(2) Unless reduced by the SC, within 12 months
R. POST-JUDGMENT REMEDIES
for lower collegiate courts and within 3
months for all other lower courts.
Remedies before Finality of Judgment
A case is deemed submitted for resolution upon (1) Motion for new trial [Rule 37]
the filing of the last pleading, brief or (2) Motion for reconsideration [Rule 37]
memorandum required by the Rules of Court or (3) Appeal [Rules 40-45]
by the court.
R.1. MOTION FOR NEW TRIAL OR
An extension of the period may be set by the SC RECONSIDERATION
upon request by the judge concerned on account
of heavy caseload or by other reasonable excuse. NOTE: The motion for reconsideration under Rule
Without an extension, a delay in the disposition of 37 is directed against a judgment or final order. It
cases is tantamount to gross inefficiency on the does not refer to one for interlocutory orders,
part of the judge. [Arap v Mustafa, SCC-01-7 which often precedes a petition for certiorari
(2002)] under Rule 65.

Q.7. ENTRY OF JUDGMENT AND FINAL ORDER These motions are prohibited in cases that fall
under the Rule on Summary Procedure and those
The entry of judgment refers to the physical act
falling under the Rule of Procedure for Small
performed by the clerk of court in entering the
Claims.
dispositive portion of the judgment in the book of
entries of judgment after the same has become
R.1.1. Grounds
final and executory. [Riano]
Grounds For Motion For New Trial [Sec. 1, Rule 37]
When entered: If no appeal, or motion for new (1) Fraud, accident, mistake, excusable
trial or reconsideration is filed within the time negligence (FAME) – subject to the following
provided in the Rules, the judgment or final order conditions:
shall forthwith be entered by the clerk in the book (a) Which ordinary prudence could not have
of entries of judgments [Sec. 2, Rule 36] guarded against; and
(b) By reason of which such aggrieved party
Contents of Record in the Book of Entries: has probably been impaired in his rights.
There must be a valid cause of action or
(1) Dispositive part of the judgment or final order
(2) Signature of the clerk; and defense.
(3) Certification that such judgment or final order NOTE: Fraud must be extrinsic fraud which is
has become final and executory. any fraudulent scheme executed outside of
the trial by the prevailing party against the
NOTE: The date of finality is deemed the date of losing party, who because of such fraud is
entry. prevented from presenting his side of the case.
(2) Newly discovered evidence – subject to the
A judgment becomes final and executory when following requisites:
the period for appeal has elapsed without a party (a) It must have been discovered after the trial
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(b) It could not have been discovered and Non-compliance with the formal requirements
produced at the trial even with the exercise would reduce the motion to a mere pro forma
of reasonable diligence; motion, which shall not toll the period for appeal.
(c) It must be material and not merely
collateral, cumulative, or corroborative; Contents of a motion for new trial [Sec. 2, Rule 37]
and (1) If based on FAME, it shall be supported by an
(d) The evidence is of such weight that if affidavit of merits, which:
admitted, would probably alter the result (a) recites the nature and character of FAME
of the action on which the motion is based
(b) states the movant’s good and substantial
Grounds For Motion For Reconsideration [Sec. 1, cause of action or defense; and
Rule 37]
(c) states the evidence he intends to present if
(1) Damages awarded are excessive granted.
(2) Evidence is insufficient to justify the decision
(2) If based on newly found evidence, it shall be
or final order
supported by:
(3) The decision or final order is contrary to law (a) Affidavits of witnesses by whom such
evidence is expected or given; or
R.1.2. When To File [Riano]
(b) Duly authenticated documents which are
proposed to be introduced in evidence
An aggrieved party may file a motion for new trial
or reconsideration within the period for taking an Contents Of A Motion For Reconsideration [Sec. 2,
appeal. Rule 37]
(1) Shall point out specifically the findings or
The period depends on whether the appeal is by conclusions of the judgment or final order
mere notice of appeal or by record on appeal. A which are not supported by evidence or which
record on appeal shall be required only in special are contrary to law; and
proceedings and in other cases of multiple or (2) Make express reference to testimonial or
documentary evidence or provisions of law
separate appeals.
alleged to be contrary to such findings or
conclusions
Where an appeal is one by notice of appeal, the
period for appeal is 15 days. Where a record on Single-Motion Rule [Sec. 5, Rule 37]
appeal is required, the period is 30 days. A party shall not be allowed to file a 2nd motion
for reconsideration.
The periods commence upon receipt of notice of
the decision or final order appealed from by the While a 2nd motion for reconsideration is not
counsel of record, which is considered notice to allowed, a second motion for new trial is
the parties. Service upon the parties themselves authorized, subject to the following conditions:
is prohibited and is not considered as official (1) it must be based on a ground not existing or
receipt of judgment. available when the 1st motion was made; and
(2) it must be made within the period allowed but
Form [Sec. 2, Rule 37] excluding the time during which the first
(1) The motion must comply with the provisions motion had been pending.
of Rule 15 otherwise it will not be accepted for
filing and/or will not suspend the running of Court action [Sec. 3, Rule 37]
the reglementary period. The court may:
(2) It shall be made in writing, stating the ground (1) Set aside the judgment or final order and
or grounds therefor grant a new trial; or upon such terms as may
(3) Written notice shall be served by movant on be just
the adverse party (2) Deny the motion
(3) Amend such judgment or final order
accordingly if:
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(a) The court finds that excessive damages (2) This rule does not refer to the period within
have been awarded or that; or which to appeal from the order denying the
(b) That the judgment or final order is contrary motion for reconsideration but to the period
to the evidence or law within which to appeal from the judgment
itself.
Resolution: The motion shall be resolved within
30 days from submission. [Sec. 4, Rule 37] Remedies if Motion is Denied
(1) To appeal from the judgment or final order
The 30-day period to resolve the motion is held to itself
be mandatory. [Gonzales v. Bantolo (2006)] (2) The order denying the motion may itself be
assailed by a petition for certiorari under Rule
R.1.3. Denial Of Motion; Effect 65

The judgment or final order stands as is. Note: AM No. 07-7-12, effective December 27,
2007, amended Sec. 1, Rule 41 by deleting “An
R.1.4. Grant Of Motion; Effect order denying a motion for new trial or
reconsideration” from the non-appealable
Grant of motion for new trial orders. Nevertheless, Sec. 9, Rule 37 still states
The original judgment shall be vacated, and the that an order denying a motion for new trial or
action shall stand for trial de novo. The recorded reconsideration is not appealable.
evidence upon the former trial shall be used at
the new trial without retaking them, if they are Motion for
Motion for New Trial
material and competent. Reconsideration

Grant of motion for reconsideration Grounds:


The court may amend the judgment or final order Grounds: (1) Damages awarded
accordingly. The amended judgment is in the are excessive
(1) Fraud, accident,
(2) That evidence is
nature of a new judgment, which supersedes the mistake, or
insufficient to
original judgment. excusable
justify the decision
negligence
or final order
Partial grant (2) Newly discovered
(3) That decision or
The court may order a new trial or grant evidence
final order is
reconsideration as to such issues if severable contrary to law
without interfering with the judgment or final
Second motion from
order upon the rest. [Sec. 7, Rule 37]
the same party is
May be allowed so prohibited.
R.1.5. Remedy When Motion Is Denied; Fresh 15-
Day Period Rule long as based on
grounds not existing Prohibition applies
If the motion is denied, the movant has a “fresh or available at the only to motions for
period” of 15 days from receipt or notice of the time the first motion reconsideration of final
order denying the motion for new trial or motion was made orders or judgments;
for reconsideration within which to file an appeal. allowed for
[Neypes v. CA, G.R. No. 141524 (2005)] interlocutory orders

NOTE: If granted, original The court may amend


(1) This fresh period becomes significant only judgment or final the judgment or final
when a party opts to file a motion for new trial order is vacated, and order, it finds:
or reconsideration

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the case stands for (1) that excessive mistake or duress, or any other ground
damages have vitiating consent;
trial de novo.
been awarded; or (e) An order of execution;
(2) that the judgment (f) A judgment or final order for or against one
or final order is or more of several parties or in separate
contrary to the claims, counterclaims, cross-claims and
evidence or law third-party complaints, while the main
case is pending, unless the court allows an
Available even on Available against the appeal therefrom; and
appeal but only on judgments or final (g) An order dismissing an action without
the ground of newly orders or both the trial prejudice (not a judgment on the merits).
discovered evidence and appellate courts
Only final judgments or orders can be appealed
Both are prohibited motions under Summary as distinguished from interlocutory judgments or
Procedure orders which are not appealable.

Final Order Interlocutory Order


R.2. APPEALS
Disposes of the matter Does not dispose of a
Nature in its entirety, leaving case completely but
(1) Not a natural right nor a part of due process nothing more to be leaves something
(2) It is merely a statutory right, and may be done but to enforce more to be decided
exercised only in the manner and in execution upon.
accordance with provisions of the law. It must
comply with the requirements; failing to do so, Not appealable except
the right to appeal is lost through a petition for
(3) Once granted, appeals become part of due Appealable
certiorari under Rule
process and should be liberally applied in 65
favor of the right to appeal
Must clearly and
R.2.1. Judgments And Final Orders Subject To No need to comply
distinctly state the law
Appeal [Sec 1, Rule 41] with such a
and the facts on which
requirement
it is based
An appeal may be taken from a judgment or final
order that completely disposes of the case, or of
a particular matter therein when declared by the
An interlocutory order is one that does not finally
Rules to be appealable
dispose of the case, and does not end the court's
R.2.2. Matters Not Appealable [Sec. 1, Rule 41, as task of adjudicating the parties’ contentions and
amended by AM No. 07-7-12-SC] determining their rights and liabilities as regards
each other, but obviously indicates that other
No appeal may be taken from: things remain to be done. [BPI v. Lee, G.R. No.
(a) An order denying a petition for relief or any 190144 (2012)]
similar motion seeking relief from
judgment; R.2.3. Remedy Against Matters Not Appealable
(b) An interlocutory order;
(c) An order disallowing or dismissing an In those instances where the judgment or final
appeal; order is not appealable, the aggrieved party may
(d) An order denying a motion to set aside a
file the appropriate special civil action under Rule
judgment by consent, confession or
compromise on the ground of fraud, 65. [Sec. 1, Rule 41]
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supersedes the
R.2.3.1. Final Judgment Rule; Exceptions original judgment

GENERAL RULE: Once a judgment becomes final Court makes a


and executory, such judgment can no longer be thorough study of the
disturbed, altered, or modified original judgment and
renders the amended
Serves to add to the
Under the Doctrine of Immutability of Judgments, and clarified
original judgment
a judgment that has attained finality can no judgment only after
longer be disturbed. The reason of two-fold: considering all the
(1) To avoid delay in the administration of justice, factual and legal
and to make orderly the discharge of judicial issues
business; and
(2) To put an end to judicial controversies at the
expense of occasional errors. [Riano]
R.2.4. Modes Of Appeal
EXCEPTIONS: (1) Ordinary appeal – Rule 40 and 41
(1) Correction of clerical errors [Filipinas Palmoil (a) Notice of appeal
Processing, Inc. v. Dejapa, G.R. No. 167332 (b) Record on appeal
(2011)] (2) Petition for review – Rule 42
(2) Nunc Pro Tunc entries [Filipinas Palmoil (3) Appeal from the CTA and other quasi-judicial
Processing, Inc. v. Dejapa, G.R. No. 167332 agencies to the CA – Rule 43
(2011)] (4) Petition for review on certiorari – Rule 45
(3) Whenever circumstances transpire after
finality of the decision, rendering its execution R.2.5. Issues To Be Raised On Appeal
unjust and inequitable. [Apo Fruits Corp. v. Limited to cognizable judgments/issues (errors
Land Bank of the Phils., G.R. No. 164195 stated in the assignment of errors).
(2010)]
(4) In cases of special and exceptional nature, The appellate court has no jurisdiction to review
when it is necessary in the interest of justice to a judgment which is immediately final and
direct modification in order to harmonize the
executory by express provision of law. [Republic v.
disposition with the prevailing circumstances
[Industrial Timber Corp. v. Ababon, G.R. Bermudez-Lorino, G.R. No. 160258 (2005)]
No.164518 (2006)]
(5) In case of void judgments [FGU Insurance v. Rationale: Appeal is merely a privilege conferred
RTC Makati, G.R. No. 161282 (2011)] by law upon the litigants.
(6) Where there is a strong showing that a grave
injustice would result from an application of A party cannot change the theory on appeal. Only
the Rules [Almuete v. People, G.R. No. 179611 issues pleaded in the lower court and properly
(2013)] raised may be resolved by the appellate court.
(7) When there are grounds for annulment of [Medina v. CA (1992)]
judgment or petition for relief [Gochan v.
Mancao, G.R. No. 182314 (2013)]
However, issues which are inferred from or
necessarily connected with the issue properly
Amended/clarified
Supplemental decision raised and pleaded may be resolved by the
judgment
appellate court. [Espina v. CA, G.R. No. 102128
(1992)]
Does not take the
An entirely new
place of or extinguish
decision and Modes of Appeal
the original judgment

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Ordinary Petition Appeals Petition for with the adverse lower court
Appeal for from QJAs Review by CA. party and and
Review to the CA Certiorari Furnish on the adverse
RTC court/age party
Rule 41 Rule 42 Rule 43 Rule 45
and ncy below
Awards, adverse
judgment party a
s, final copy of
orders or such
resolution
Within 15
s of any
Case Case days from
QJA in the
decided decided by notice of
exercise
Case by RTC the RTC in judgment
of its
decided by in exercise of , award,
quasi-
RTC in exercise original final
judicial Within 15
exercise of of jurisdiction, Within order or
function days from
original appella CA, CTA, 15 days resolution
notice of
jurisdiction te and from , or from
EXCEPT: judgment Within 15
jurisdict Sandiganb notice the date
Judgment or final days from
ion ayan of of last
s or final order for notice of
judgme publicatio
orders notice of judgment
nt or n (if
issued appeal; 30 or final
final publicatio
under the days from order, or of
order, n
Labor notice of denial of
or from necessary
Code judgment MFR or
denial to make it
or final MFNT
Notice of Petition of a effective),
Petition Petition for order for
appeal/Re for MFR or or from
for review review on records on
cord on review MFNT denial of
with the certiorari appeal
appeal with the a MFR or
CA with the SC MFNT
with the CA CA

File a File a File verified 15 day


verified verified petition for extension
File notice petition petition review on allowed
of appeal for for review certiorari
or record of review with CA. with the SC.
R.2.6. Period Of Appeal
appeal with CA. Pay Pay docket The fresh period rule shall apply to:
with court Pay docket and lawful
(1) Rule 40 governing appeals from the Municipal
of origin docket and fees and Trial Courts to the Regional Trial Courts;
and give a and lawful P500 for (2) Rule 41 governing appeals from the Regional
copy to lawful fees and costs. Trial Courts to the Court of Appeals
adverse fees and PHP 500 Submit (3) Rule 42 on petitions for review from the
party P500 as for costs. proof of Regional Trial Courts to the Court of Appeals;
deposit Furnish service of a (4) Rule 43 on appeals from quasi-judicial
agencies to the Court of Appeals; and
for costs copy to copy to the
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(5) Rule 45 governing appeals by certiorari to the as provided in Section 3, Rule 42 of the Rules of
Supreme Court. Court [People v. Duca, G.R. 171175 (2009)]

The new rule aims to regiment or make the R.2.9. Appeal From Judgments Or Final Orders Of
appeal period uniform, to be counted from The Municipal Trial Courts [Rule 40]
receipt of the order denying the motion for new
trial, motion for reconsideration (whether full or Outline of Procedure [Sec. 7, Rule 40]
partial) or any final order or resolution. [Neypes v.
CA, G.R. No. 141524 (2005)] Appeal decision of MTC by filing notice of appeal and
pay within 15 days from receipt of judgment
Being procedural in nature, Neypes is deemed to
be applicable to actions pending and
undetermined at the time of its effectivity and is 15 days from perfection of appeal, MTC clerk
thus retroactive in that sense and to that extent. transmits record to RTC
[First Aqua Sugar v. BPI, G.R. No. 154034 (2007)]

R.2.7. Perfection of Appeal


Notice to parties that an appeal is being taken from
Perfection of an appeal in the manner and within the decision of the MTC
the period laid down by law is mandatory and
jurisdictional. [Balgami v. CA, G.R. No. 131287
(2004)] Within 15 days from notice of appeal:

Effect of Failure to Perfect Appeal (1) Appellant submits memorandum to the RTC
(1) Defeats a party’s right to appeal. (2) Appellee files his own memorandum 15 days
(2) Precludes appellate court from acquiring from receipt of appellant’s memorandum
jurisdiction.

R.2.8. Participation Of The Solicitor General Court acts on the appeal


During Appeal

The authority to represent the State in appeals of


criminal cases before the CA and the Supreme If uncontested, Any party may
judgment is entered in appeal by filing a
Court is solely vested in the Office of the Solicitor the book of entries petition for review
General (OSG). with the CA
[The OSG] shall have the following specific
powers and functions: (1) Represent the
Government in the Supreme Court and the Court
of Appeals in all criminal proceedings;
represent the Government and its officers in the Where Taken [Sec. 1, Rule 40]
Supreme Court and Court of Appeals, and all It is taken to the RTC exercising jurisdiction over
other courts or tribunals in all civil actions and the area to which the MTC pertains.
special proceedings in which the Government or
any officer thereof in his official capacity is a When Taken [Sec. 2, Rule 40]
party. [Section 35(1), Chapter 12, Title III of Book
IV of the 1987 Administrative Code] (1) If by notice of appeal, within 15 days after
notice to appellant of judgment or final order
The respondent’s failure to have a copy of his appealed from
petition [for review under Rule 42] served on the (2) If record of appeal is required, within 30 days
People of the Philippines, through the OSG, is a from notice of judgment or final order
sufficient ground for the dismissal of the petition (3) Period of appeal shall be interrupted by a
timely motion for new trial or reconsideration
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Appeal from Order Dismissing A Case Without


Extension of Period to Appeal Trial; Lack Of Jurisdiction [Sec 8, Rule 40]
Period to appeal may be extended but such Two Scenarios:
extension is addressed to the sound discretion of (1) If the MTC dismissed the case without trial on
the court [Socco v. Garcia, G.R. No. L-18231 the merits, the RTC may:
(1962)] (a) Affirm, if the ground of dismissal is lack of
jurisdiction over the subject matter; If the
How Taken [Sec. 3, Rule 40] RTC has jurisdiction, it shall try the case on
the merits as if the case was originally filed
By Notice of Appeal therein; or
(1) File a notice of appeal with the trial court that (b) Reverse, in which case, it shall remand the
rendered the judgment or final order appealed case for further proceedings
from (2) If the case was tried on the merits by the MTC
(2) The notice of appeal must indicate the parties, without jurisdiction over the subject matter:
the judgment or final order or part thereof (a) The RTC shall not dismiss the case if it has
appealed from; the material date showing original jurisdiction but shall decide the
timeliness of appeal case and admit amended pleadings or
(3) A copy served on the adverse party; and additional evidence in the interest of justice
(4) Payment in full of docket fees and other lawful
fees Applicability Of Rule 41 [Sec. 9, Rule 41]
The other provisions of Rule 41 shall apply to
By Record on Appeal appeals provided for herein insofar as they are
(1) Record on appeal is required for the following not inconsistent with or may serve to supplement
cases: the provisions of this Rule.
(a) Special proceedings
(b) In such other cases where multiple appeals R.2.10. Appeal From Judgments Or Final Orders
are allowed Of The Regional Trial Courts
(2) Form and contents of the record on appeal:
[Sec. 6, Rule 41] Modes of Appeal
(a) Within 15 days from perfection of appeal, There are three modes of appeal from judgments
clerk of court or the branch clerk of the
or final orders of the RTC:
lower court shall transmit to the RTC:
(i) Original record or record on appeal (1) Ordinary Appeal or appeal by writ of error,
(ii) Together with transcripts and where judgment was rendered in a civil or
exhibits criminal action by the RTC in the exercise of its
original jurisdiction
(b) Clerk shall make a certification that the
documents are complete • This mode of appeal, governed by Rule 41,
(c) Clerk shall also furnish the parties a copy of is taken to the CA on questions of fact or
his letter of transmittal of the records to the mixed questions of fact and law
appellate court (2) Petition for Review, where judgment was
(3) Copy is served on the adverse party rendered by the RTC in the exercise of its
(4) Payment in full of docket fees and other lawful appellate jurisdiction
fees • This mode of appeal, covered by Rule 42, is
brought to the CA on question of fact, of
R.2.7. Perfection of Appeal law, or mixed questions of fact and law
(3) Petition for Review on Certiorari, or appeal by
Since appeals from inferior courts may now be
certiorari to the SC
either by notice of appeal or record on appeal, the
• This mode of appeal, provided for by Rule
rules on the perfection and the effect thereof are 45, is brought to the SC from the decision
the same. [See Sec. 9, Rule 41 infra] of the RTC in the exercise of its original
jurisdiction and only on questions of law

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Appeal From The RTC to the CA via Rule 41


presupposes that: Joint Record on Appeal [Sec. 8, Rule 41]
(1) The RTC rendered the judgment or final order Where both parties are appellants, they may file
in the civil action or special proceeding in the a joint record on appeal.
exercise of its original jurisdiction; and
(2) That the appeal is taken to the CA on: Period To Appeal [Sec. 3, Rule 41]
(a) Questions of fact or (1) Within 15 days from notice of judgment or final
(b) Mixed questions of fact and law order appealed from
(2) Within 30 days from notice of judgment or
Notice of Appeal – Filed with the court which final order where a record on appeal is
rendered the judgment or final order appealed required
from. A copy is served on the adverse party. [Sec. (3) Within 48 hours from notice of judgment or
5, Rule 41] final order appealed from in habeas corpus
cases
Contents of the Notice of Appeal [Sec. 5, Rule 41]:
(1) Parties to the appeal Reckoning point of reglementary period
(2) Judgment or final order or part thereof Period for filing the appeal should be counted
appealed from from the date when the party’s counsel received
(3) The court to which the appeal is being taken; a copy of the judgment or final order
and
(4) The material dates showing the timeliness of When a party is represented by a counsel, service
the appeal of process must be made on counsel, not on party
[Fajardo v. CA, G.R. No. 140356 (2001)]
Record on Appeal – Done in special proceedings
and other cases where multiple or separate Effect of Motions for New Trial and
appeals are allowed. This is filed and served in Reconsideration
the same manner as notice of appeal. Originally, the period to appeal is interrupted by
a timely motion for new trial and reconsideration.
Contents of the Record on Appeal [Sec. 6, Rule
However, with the Neypes doctrine, a party has a
41]:
fresh 15-day period from a denial of the motion to
(1) Full names of all the parties to the
proceedings shall be stated in the caption of perfect an appeal.
the record on appeal
(2) It shall include the judgment or final order Extension of Period to Appeal
from which the appeal is taken, Period to appeal may be extended but such
(3) In chronological order, copies of only such extension is addressed to the sound discretion of
pleadings, petitions, motions, and all the court [Gregorio v. CA, G.R. No. L-43511 (1976)]
interlocutory orders as are related to the
appealed judgment or final order The mere filing and pendency of motion for
(4) For the proper understanding of the issue extension to perfect appeal does not suspend the
involved
running of the reglementary period [King v. Corro,
(5) Together with such data as will show that the
appeal was perfected on time G.R. No. L-23617 (1967)]

Approval of the Record on Appeal [Sec. 7, Rule 41] Pleadings Filed [See Rule 44, Procedure in the
Upon filing of the record for approval and if no CA]
objection is filed by the appellee within 5 days
Appellant’s Brief
from receipt of a copy thereof, the trial court may:
(1) Filed within 45 days from receipt of notice of
(1) Approve it as presented; or clerk that all evidence is attached to record
(2) Direct its amendment by the inclusion of any
omitted matters which are deemed essential.
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(2) Follow the Efficient Use of Paper Rule, one from, the full amount of the appellate court
original properly marked and 2 copies with docket and other lawful fees. Proof of payment of
annexes said fees shall be transmitted to the appellate
(3) Attach proof of service to adverse party court together with the original record or the
record on appeal.
Grounds for dismissal with respect to appellant’s
brief:
Payment of docket fees in full is mandatory and
(1) Failure to file brief on time
is a condition sine qua non for the perfection of an
(2) Failure to make specific assignment of errors
in his brief appeal.

Contents: Perfection of Appeal [Sec. 9, Rule 41]


(1) Subject index (1) If appeal is by notice of appeal – it is deemed
(2) Assignment of Errors perfected as to him upon the filing of the
(3) Statement of the Case notice of appeal in due time
(4) Statement of Facts (2) If appeal is by record on appeal – it is
(5) Statement of Issues perfected as to him with respect to the subject
(6) Arguments matter thereof, upon approval of the record on
(7) Relief appeal filed in due time
(8) Copy of judgment or final order appealed from
Effect of Perfected Appeal
Appellee’s Brief (1) In appeals by notice of appeal:
(1) Filed within 45 days from receipt of • Court loses jurisdiction over the case upon
appellant’s brief perfection of appeal filed in due time and
(2) Manner of filing is similar to that in appellant’s expiration of the time to appeal of the other
brief parties
• This rule applies individually and to each of
Contents: the parties since the timeliness of their
recourse for appellate remedy depends on
(1) Subject index
when they respectively received a copy of
(2) Statement of Facts and Counter-Statement of
the judgment or final order
Facts
(2) In appeals by record on appeal:
(3) Arguments
• Court loses jurisdiction only over the
Appellant’s Reply Brief subject matter thereof upon approval of the
records on appeal filed in due time and the
(1) Filed within 20 days from receipt of Appellee’s expiration of the time to appeal of the other
Brief parties
(2) This is not mandatory as it is optional on the
• The effect is limited to the subject matter
part of the appellant
only. Jurisdiction over the case is still with
the trial court.
Extension of Time for Filing Briefs:
Residual Powers/Jurisdiction of the RTC
GENERAL RULE: Not allowed
After losing jurisdiction but prior to the
transmittal of the original record on appeal, the
EXCEPTION: For good reasons and only if motion
RTC may:
for extension is filed before expiration of time
(1) Issue orders for protection and preservation of
sought to be extended
the rights of the parties which do not involve
matters litigated by the appeal
Payment of Docket Fees [Sec. 4, Rule 41] (2) Approve compromises
Within the period for taking an appeal, the (3) Permit appeals by indigent litigants
appellant shall pay to the clerk of the court which
rendered the judgment or final order appealed
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(4) Order execution pending appeal under Sec. 2, NOTE: The dismissal of the appeal in the RTC is
Rule 39 (motion for execution was filed before limited only to these two grounds
expiration of the period to appeal)
(5) Allow withdrawal of the appeal Petition For Review From The RTC To The CA
[Rule 42]
The concept of residual jurisdiction of the trial Appeal via Rule 42 is proper when one appeals
court is available at a stage in which the court is from a decision of the RTC in the exercise of its
normally deemed to have lost jurisdiction over appellate jurisdiction. It may be taken on either
the case or the subject matter involved in the questions of fact, questions of law, or on mixed
appeal. There is no residual jurisdiction to speak questions of fact and law.
of where no appeal or petition has even been filed
[Fernandez v. CA, G.R. No. 131094 (2005)]. This mode of appeal is not a matter of right but is
a matter of discretion on the part of the CA, on
Duty of Clerk Upon Perfection of Appeal [Sec. 10, whether or not to entertain the appeal.
Rule 41]
Within 30 days after perfection of all appeals, the How Taken; Period To Appeal
RTC clerk shall: If a party desires to appeal from a decision of the
(1) Verify completeness of original record or RTC in its appellate jurisdiction:
record on appeal and make certification as to (1) File a verified petition for review with the CA
its correctness (a) Within 15 days from notice of judgment or
(2) Verify completeness of records that will be final order, or
transmitted to appellate court (b) Within 15 days from notice of denial of
(3) If found to be incomplete: petitioner’s motion for new trial or
(a) Take such measures as may be required to reconsideration
complete records (2) Pay the corresponding docket fee and other
(b) If efforts to complete records fail: lawful fees and depositing P500 for costs
(i) Indicate in his letter of transmittal (3) Furnish the RTC and adverse party a copy of
the exhibits or transcripts not the petition
included
(ii) Reasons for their transmittal Extension of period
(iii) Steps taken or that could be taken to The CA may grant an additional 15 days within
have them available which to file the petition for review, but only for
(4) Transmit the records to the appellate court most compelling reasons.
and furnish the parties with copies of his letter
of transmittal
Conditions
Dismissal Of Appeal [Sec. 13, Rule 41] (1) There was a motion filed to this effect
When can the RTC dismiss the appeal? (2) There was payment in full of docket fees and
(1) Prior to transmittal of original record to other lawful fees as well as deposit for costs
appellate court; or (3) These two were done within the reglementary
(2) Prior to transmittal of record on appeal to the period
appellate court
Form of the petition [Sec. 5, Rule 42]:
How done: By the court, motu proprio, or on (1) Original copy is filed intended for the court,
properly marked and 2 copies with their
motion to dismiss appeal by a party
annexes (Efficient Use of Paper Rule)
(2) Accompanied by clearly legible duplicate
Grounds originals or true copies of judgments or final
(1) Appeal was taken out of time orders of both lower courts certified correct by
(2) Non-payment of docket and other lawful fees the RTC clerk
within the reglementary period

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(3) Also with pleadings and other material (2) Unless the CA, law, or Rules provide otherwise
portions of record as would support the [Sec. 8, Rule 42]
allegations of the petition
Action on Petition [Sec. 4, Rule 42]
Contents: The CA may:
(1) Full names of the parties without impleading (1) Require respondent to file a comment on the
the lower courts or judges thereof petition not a motion to dismiss within 10 days
(2) Specific material dates showing timeliness of from notice; or
appeal (2) Dismiss the petition if it finds the same to be:
(3) Concise statement of: (a) Patently without merit
(a) Matters involved (b) Prosecuted manifestly for delay; or
(b) Issues raised (c) The questions raised therein are too
(c) Specification of errors of fact or law, or both unsubstantial to require consideration
(d) Reasons or arguments relied upon
(4) A certificate of non-forum shopping must also Under this Rule, appeal is discretionary on the CA
be attached which may give its due course only when the
petition shows prima facie that the lower court
Effect of failure to comply [Sec. 3, Rule 42] has committed error.
Failure to comply with any of the following
requirements shall be sufficient ground for Comment by Respondent [Sec. 5, Rule 42]
dismissal: Form
(1) Payment of docket and other lawful fees (1) An original is filed, properly marked, together
NOTE: In petitions for review under Rules 42, with 2 copies with their annexes (Efficient Use
43, and 45, the docket fee is paid in the of Paper Rule)
appellate courts (2) Accompanied by certified true copies of such
(2) Deposit for costs material portions of the record referred to
(3) Proof of service of petition therein
(4) Contents of the documents, which should (3) Together with other supporting papers
accompany the petition (4) Copy of the comment served on petitioner

Perfection of Appeal [Sec. 8, Rule 42] Contents – The comment shall:


Appeal is deemed perfected as to petitioner (1) State whether or not he accepts the statement
upon: of matters involved in the petition
(1) Timely filing of the petition (2) Point out such insufficiencies or inaccuracies
(2) Payment of docket and lawful fees as he believes exist in petitioner’s statement of
matters but without repetition
Jurisdiction of the RTC (3) Reasons why the petition should not be given
due course
(1) RTC loses jurisdiction upon:
(a) Perfection of appeals filed in due time; and Due Course [Sec. 6, Rule 42]
(b) Expiration of the time to appeal of other
If the Court of Appeals finds prima facie that the
parties
(2) RTC may exercise residual jurisdiction before lower court has committed an error of fact or law
the CA gives due course to the petition that will warrant a reversal or modification of the
appealed decision, it may accordingly give due
GENERAL RULE: Perfected appeal stays the course to the petition.
challenged judgment or final order
NOTE: The Doctrine of Residual Jurisdiction of
EXCEPTIONS: the RTC applies as in cases under Rule 42, except
(1) Civil cases decided under the Rule on that the RTC must exercise this jurisdiction before
Summary Procedure; or the CA gives due course to the petition. [Sec. 8,
Rule 42] In contrast, the RTC must exercise
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residual jurisdiction in Rule 41 prior to transmittal review, which would but be a continuation of the
of the original record or the record on appeal. appellate process over the original case.
[Sec. 9, Rule 41]
Certiorari as Mode of Appeal and as Special Civil
Submission For Decision [Sec. 9, Rule 42] Action [Herrera]
If the petition is given due course
Appeal by Certiorari Certiorari as SCA
(1) Case may be set for oral argument, or
[Rule 45] [Rule 65]
(2) The parties may be required to submit
memoranda within 15 days from notice
Special civil action
Mode of appeal
Case shall be deemed submitted for decision (original action)
upon filing of last pleading or memoranda
Continuation of the
Appeal By Certiorari from the RTC To The Supreme appellate process Independent action
Court via Rule 45 over the original case
RTC must have rendered judgment in the
Raises questions of
exercise of its original jurisdiction.
jurisdiction because a
If the RTC is in exercise of its appellate tribunal, board, or
jurisdiction, proper remedy is to appeal to the CA officer exercising
via Rule 42 even if only questions of law are Raises only judicial or quasi-judicial
raised. questions of law functions has acted
without or in excess of
If the other party had already taken an appeal to jurisdiction, or with
the CA to question the RTC decision, the proper grave abuse of
remedy of petitioner is simply ordinary appeal to discretion
the CA as well. [First Phil. International Bank v. May be directed against
CA] an interlocutory order of
the court prior to appeal
Grave abuse of discretion is not an allowable Involves review of
from the judgment or
ground under Rule 45. [Martires v. CA, G.R. No. judgment, award or
where there is no
78036-37 (1990)]. final order on merits
appeal or any other
R.2.11. Appeal From Judgments Of Final Orders Of plain, speedy, or
The Court of Appeals adequate remedy

May be filed not later


Appeal under Rule 45 is the proper review of Must be made within than 60 days from
decisions of the CA even in special civil actions. the reglementary notice of judgment,
period of appeal order or resolution
Any alleged errors committed by it in the exercise
sought to be assailed
of jurisdiction would be errors of judgment which
are reviewable by timely appeal and not by Does not stay the
Stays the judgment,
special civil action of certiorari. challenged
award, or order
proceedings, unless
Rule 45 is clear that decisions, final orders, or appealed from
enjoined or restrained
resolutions of the CA in any case, regardless of
the nature of the action or proceedings involved, Petitioner and
The parties are the
may be appealed to the SC by filing a petition for respondent are
aggrieved party against
original parties to the
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action in the lower the lower court or quasi- Appeals to the SC can be taken from a judgment
court judicial agency or final order or resolution of the CA,
Sandiganbayan, CTA en banc, RTC or such other
A filing of a MR is a courts as may be authorized by law
Prior filing of MR not condition precedent,
required subject to certain Only questions of law are allowed.
exceptions Whether an appeal involves only questions of law
or both questions of law and fact is best left to the
Filed with RTC, CA, or determination of an appellate court and not by
Filed with SC
SC the court which rendered the decision appealed
from [PNB v. Romillo, etc., et al., G.R. No. L-70681
(1985)]
Outline of Procedure
Questions of Law Questions of Fact
RTC, Sandiganbayan, CTA en banc, or CA renders
a decision Doubt as to the truth
or falsehood of facts,
Doubt as to what the
or as to probative
law is on certain facts
Any party files a petition for review on certiorari value of the evidence
Within 15 days from notice:
presented

of final judgment or order of lower court, If the appellate court


or notice of denial of motion for reconsideration or can determine the The determination
new trial issue without involves evaluation or
reviewing or evaluating review of evidence
the evidence
Appellant serves copies of petition on adverse Query involves the
parties calibration of the
And to the lower court, whole evidence
And pay the corresponding docket fees considering mainly
the credibility of
Can involve questions
witnesses, existence,
of interpretation of law
and relevancy of
with respect to certain
SC may dismiss the petition or require appellee to specific surrounding
comment set of facts
circumstances and
relation to each other
and the whole
If given due course, parties may submit probabilities of the
memoranda situation

Conclusiveness of Findings Of Fact


SC may affirm, reverse, or modify judgment of
lower court
GENERAL RULE: The SC is not a trier of facts, and
is not to review or calibrate the evidence on
record. Moreover, findings of facts of trial court,
Propriety as a Mode of Appeal as affirmed on appeal by the CA, are conclusive

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on the court [Boston Bank of the Philippines v. (1) Motion duly filed and served;
Manalo, G.R. No. 158149 (2006)] (2) Payment of docket and lawful fees, and
deposit for costs; and
EXCEPTIONS: (3) Showing of justifiable reasons.
CA’s findings of fact may be reviewed by the SC
NOTE: Both (1) and (2) must be within the
on appeal by certiorari when:
reglementary period.
(1) Conclusion is a finding grounded entirely on
speculations, surmises or conjectures [Joaquin
v. Navarro, G.R. No. L-5426 (1953)]. Form of Petition
(2) Inference made is manifestly mistaken, The petition must be verified:
absurd or impossible [Luna v. Linatok (1942)]. (1) Following the Efficient Use of Paper Rule:
(3) There is grave abuse of discretion in the (a) One original, properly marked, and 4
appreciation of facts [Buyco v. People, G.R. No. copies
L-6327 (1954)]. (b) If the case is referred to En Banc, 10
(4) Judgment is based on a misapprehension of additional copies is filed
facts [De la Cruz v. Sosing, G.R. No. L-4875 (2) Payment of docket and other lawful fees and
(1953)]. deposit of P500 for costs is made with the SC
(5) The Court of Appeal’s findings of fact are Clerk at the time of filing
conflicting [Casica v. Villaseca, G.R. No. L- (3) Proof of service of the petition to the lower
9590 (1957)]. court and adverse party are attached
(6) The Court of Appeals, in making its findings,
went beyond the issues of the case and the Contents of Petition [Sec. 4, Rule 45]
same is contrary to the admissions of both (1) State full names of the parties
appellant and appellee [Nakpil & Sons v. CA, (a) Appealing party = as Petitioner
G.R. No. L-47851 (1986)]. (b) Adverse party = as Respondent
(7) The Court of Appeals manifestly overlooked (c) Do not implead lower courts or judges
certain relevant facts not disputed by the (2) Indicate material dates showing:
parties and which, if properly considered, (a) When notice of judgment or final order or
would justify a different conclusion [Abellana resolution was received
v. Dosdos, G.R. No. L-19498 (1965)]. (b) When a motion for new trial or
(8) The Court of Appeal’s findings of fact are reconsideration, if any, was filed and when
contrary to those of the trial court, or are mere a denial thereof was received
conclusions without citation of specific (3) Concise statement of:
evidence, or where the facts set forth by the (a) The matters involved
petitioner are not disputed by the respondent, (b) Reasons or arguments relied on
or where the findings of fact of the Court of (4) Accompanied by a clearly legible duplicate
Appeals are premised on absence of evidence original, or a certified true copy of the
but are contradicted by the evidence of record judgment or final order or resolution certified
[Manlapaz v. CA, G.R. No. L-56589 (1987)]. by the clerk of court and court a quo
(5) Certificate of non-forum shopping
Period of Appeal [Sec. 2, Rule 45]
Time for Filing: 15 days from Grounds for Denial of Petition [Sec. 5, Rule 45]
(1) Notice of judgment, final order, or resolution (1) Failure of petitioner to comply with:
appealed from, or (a) Payment of docket or other lawful fees
(2) Notice of denial of motion for new trial or (b) Deposit for costs
reconsideration filed in due time after notice (c) Proof of Service; and
of judgment (d) Contents of and documents which would
accompany the petition
NOTE: The Neypes doctrine is also applicable in (2) Appeal is without merit
Rule 45. (3) Is prosecuted manifestly for delay
(4) That the questions raised are so unsubstantial
Extension of Period: 30 days upon as to require consideration
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When the decision, order or resolution adversely


NOTE: SC may dismiss the petition motu proprio affects the interest of any government agency,
the appeal may be taken by the proper head of
Review is Discretionary [Sec. 6, Rule 45] that agency. [Sec. 1, Rule XII, 2009 Revised Rules
Appeal to the SC is NOT a matter of right. It will of Procedure of The Commission On Audit]
be granted only when there are special and
R.2.13. Review Of Final Judgments Or Final Orders
important reasons therefor.
Of The Commission on Elections
Some indications of the character of reasons
which will be considered: Mode of Review & Effect of Filing
Same as COA (supra)
(1) When the court a quo has decided the
question of substance, not theretofore
determined by the SC, or has decided it in a Unless otherwise provided by law, or by any
way probably not in accord with law or with specific provisions in these Rules, any decision,
the applicable provisions of the SC; or order or ruling of the Commission may be
(2) Court a quo has so far departed from accepted brought to the Supreme Court on certiorari by the
and usual course of judicial proceedings, or so aggrieved party within thirty (30) days from its
far sanctioned such departure by a lower
promulgation. [Sec. 1, Rule 37, COMELEC Rules
court, as to call for an exercise of power of
supervision of Procedure; Sec. 3, Rule 64, Rules of Court]

Elevation of Records [Sec. 8, Rule 45] Decisions in appeals from courts of general or
If the petition is given due course, the Supreme limited jurisdiction in election cases relating to
Court may require the elevation of the complete the elections, returns, and qualifications of
record of the case or specified parts thereof within municipal and barangay officials are not
fifteen (15) days from notice appealable. [Sec. 2, Rule 37, COMELEC Rules of
Procedure]
R.2.12. Review Of Final Judgments Or Final Orders
Of The Commission on Audit Decisions in pre-proclamation cases and
petitions to deny due course to or cancel
Mode of Review certificates of candidacy, to declare a candidate
A judgment or final order or resolution of the as nuisance candidate or to disqualify a
Commission on Elections and the Commission on
Audit may be brought by the aggrieved party to candidate, and to postpone or suspend elections
the Supreme Court on certiorari under Rule 65, shall become final and executory after the lapse
except as hereinafter provided. [Sec. 2, Rule 64 of five (5) days from their promulgation, unless
ROC] restrained by the Supreme Court. [Sec. 3, Rule 37,
COMELEC Rules of Procedure]
Effect of filing
The filing of a petition for certiorari shall not stay
R.2.14. Review Of Final Judgments Or Final Orders
the execution of the judgment or final order or
resolution sought to be reviewed, unless the Of The Civil Service Commission
Supreme Court shall direct otherwise upon such
terms as it may deem just. [Sec. 8, Rule 64] See Rule 43 on Review of QJAs (infra)

Any decision, order or resolution of the R.2.15. Review Of Final Judgments Or Final Orders
Commission may be brought to the Supreme Of The Ombudsman
Court on certiorari by the aggrieved party within The following decisions are unappealable [Sec. 7,
thirty (30) days from receipt of a copy thereof in Rule III, Admin Order No. 7]
the manner provided by law and the Rules of (1) In administrative cases where respondent is
Court. absolved of the charge

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(2) In case of conviction, where penalty imposed (12) GSIS


is public censure or reprimand, or suspension (13) Employees Compensation Commission
of not more than one month or a fine (14) Agricultural Inventions Board
equivalent to one month salary (15) Insurance Commission
(16) Philippine Atomic Energy Commission
Jurisdiction of the CA (17) Board of Investment
(1) CA has jurisdiction over orders, directives, and (18) Construction Industry Arbitration
decisions of the Office of Ombudsman in Commission, and
administrative disciplinary cases only (19) Voluntary arbitrators authorized by law
(2) It cannot review orders, directives, decisions in
criminal and non-administrative cases NOTE: The CTA is no longer a quasi-judicial
agency under RA 9282, as of April 7, 2004. A
Jurisdiction of the SC party adversely affected by a decision or ruling of
(1) In criminal cases, ruling of Ombudsman shall the CTA en banc may file with the SC a verified
be elevated to the SC via Rule 65 petition for review on certiorari under Rule 45.
(2) In cases in which it is alleged that the
Ombudsman has acted with grave abuse of [Sec. 11, RA 9282 and AM No. 07-7-12-SC]
discretion amounting to lack or excess of
jurisdiction, a special civil action of certiorari Where to Appeal [Sec. 3, Rule 43]
under Rule 65 may be filed with this Court to Appeal is taken to the CA on questions of fact, of
set aside the Ombudsman’s order or law, or mixed questions of fact and law.
resolution. [Nava v. NBI, G.R. No. 134509
(2005)] Period to Appeal [Sec. 4, Rule 43]
Period to appeal is 15 days from:
R.2.16 Review Of Final Judgments Or Final Orders
(1) Notice of award, judgment, final order, or
Of Quasi-Judicial Agencies
resolution;
(2) Date of publication, if publication is required
Scope: Appeals from awards, judgments, final
by law for its effectivity; or
orders or resolution of or authorized by any quasi- (3) Denial of petitioner’s motion for new trial or
judicial agency (QJA) in the exercise of its quasi- reconsideration.
judicial functions
Extension of Period
A quasi-judicial agency or body is an organ of The CA may grant an additional 15 days within
government other than a court and other than a which to file the petition for review
legislature, which affects the rights of private
parties though either adjudication or rule-making Conditions:
(1) There was a motion filed to this effect
Quasi-Judicial Agencies covered by Rule 43: (2) There was payment in full of docket fees and
(1) Civil Service Commission other lawful fees as well as deposit for costs
(2) Securities and Exchange Commission (3) These two were done within the reglementary
(3) Office of the President period
(4) Land Registration Authority
(5) Social Security Commission No further extension may be granted except for
(6) Civil Aeronautics Board the most compelling reason and in no case to
(7) Bureau of Patents, Trademarks and exceed 15 days.
Technology Transfer
(8) National Electrification Administration NOTE: Similar to the rule in petition for review
(9) Energy Regulatory Board from the RTC to the CA [Rule 42].
(10) National Telecommunications
Commission How Taken [Sec. 5, Rule 43]
(11) Department of Agrarian Reform under
RA 6657
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(1) A verified petition for review is filed with the (2) Accompanied by the following:
CA following the Efficient Use of Paper Rule (a) Clearly legible certified true copies of such
(a) Attach proof of service of a copy to the material portions of the record referred to
adverse party and to the court or agency a therein
quo (b) And such other supporting documents
(2) Upon filing, pay the docket and lawful fees as (3) Copy of Comment is served on petitioner with
well as a P500 deposit for costs proof of such service filed with the CA
(a) Payment is made to the CA clerk
(b) Exemption from payment may be granted Contents of Comment [Sec. 9, Rule 43]
by the CA by filing a verified motion for The comment shall:
exemption; if denied, party must pay within (1) Point out insufficiencies or inaccuracies in
15 days from notice of denial petitioner’s statement of facts and issues
(2) State reasons why petition should be denied
Contents of Petition [Sec. 6, Rule 43] or dismissed
(1) Statement of full names of parties to the case
without impleading court or agencies Due Course [Sec. 10, Rule 43]
(2) Concise statement of facts and issues involved CA may give due course if CA finds prima facie
and grounds relied upon for review that court or agency has committed errors of fact
(3) Accompanied by:
or law that would warrant reversal or
(a) Clearly legible duplicate original or a
certified true copy of award, judgment, modification
final order, or resolution appealed from
(b) Certified true copies of such material If not, then the CA may dismiss the same.
portions of record referred to in the petition
and other supporting papers Transmittal of Records [Sec. 11, Rule 43]
(4) Certificate of non-forum shopping Within 15 days from notice that petition has been
(5) Statement of specific material dates showing given due course, the CA may:
timeliness of appeal (1) Require court or agency concerned to transmit
original or legible certified true copy of entire
Effect of Failure to Comply [Sec. 7, Rule 43] record of proceeding under review
Failure to comply with the following is sufficient (2) Require or permit subsequent correction or
ground for the CA to dismiss the appeal: addition to record
(1) Payment of docket and lawful fees
(2) Deposit for costs Effect of Appeal [Sec. 12, Rule 43]
(3) Proof of service of petition
(4) Contents of petition GENERAL RULE: Appeal shall not stay the award,
(5) Documents which should accompany the judgment, final order or resolution sought to be
petition reviewed

Action on the Petition [Sec. 8, Rule 43] EXCEPTION: When the CA shall direct otherwise
The CA may: upon such terms as it may deem just
(1) Require respondent to file Comment within 10
days from notice Submission for Decision [Sec. 13, Rule 43]
(2) Dismiss the petition if CA finds the same to be: If petition is given due course, the CA may set the
(a) Patently without merit
case for oral argument or require parties to
(b) Prosecuted manifestly for delay, or
(c) Questions raised are too unsubstantial to submit memoranda within 15 days from notice.
require consideration
Upon filing of last pleading or memorandum
Form of Comment [Sec. 9, Rule 43] required, case is deemed submitted for decision.
(1) Filed within 10 days from notice following the Appeal from the NLRC
Efficient Use of Paper Rule
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Appeal from quasi-judicial agencies does not orders, circulars, directives of the court
apply to judgments or final orders issued under without justifiable cause
the Labor Code. [Sec. 2, Rule 43] (9) Fact that the order or judgment appealed
from is not appealable
The remedy of a party aggrieved by the decision (10) Appeal under Rule 41 from the RTC,
raising only questions of law;
of the NLRC is to file a motion for reconsideration
(11) Appeal by notice of appeal from a
and, if denied, file a special civil action for decision rendered by the RTC in its appellate
certiorari under Rule 65 within 60 days from jurisdiction;
notice of the decision. In observance of the (12) Appeal erroneously taken to the CA
doctrine of hierarchy of courts, this should be
filed with the CA. [St. Martin Funeral Homes v. Other Grounds
NLRC, G.R. No. 130866 (1998)] (1) By agreement of the parties (i.e. amicable
settlement)
From the CA, the remedy of the aggrieved party (2) Where appealed case has become moot or
academic
is a petition for review by certiorari to the SC.
(3) Where appeal is frivolous or dilatory
[Dongon v. Rapid Movers and Forwarders, G.R.
No. 163431 (2013)] Withdrawal of appeal [Sec. 3, Rule 50]
An appeal may be withdrawn:
R.2.17 Dismissal, Reinstatement, And Withdrawal (1) As of right at any time before the filing of the
Of Appeals appellee’s brief
(2) Thereafter, the withdrawal may be allowed in
Dismissal by the CA [Rule 50] the discretion of the court
An appeal may be dismissed by the CA, on its own
Dismissal by the SC [Rule 56]
motion, or on that of the appellee on certain
The appeal may be dismissed motu proprio or on
grounds
motion of the respondent on the following
Grounds for Dismissal by the CA [Secs. 1-2, Rule grounds:
50] (1) Failure to appeal within reglementary period
(1) Failure of record on appeal to show on its face (2) Lack of merit of petition
that appeal was taken within the period fixed (3) Failure to pay docket and lawful fees and
by Rules deposit
(2) Failure to file notice of appeal or record on (4) Failure to comply with requirements on proof
appeal within prescribed period of service, contents, and documents
(3) Failure of appellant to pay docket and other accompanying petition
lawful fees as provided in Sec. 4, Rule 41 (5) Failure to comply with circular, directive, or
(4) Unauthorized alterations, omissions, or order of SC without justifiable cause
additions in approved record on appeal as (6) Error in choice of mode of appeal
provided in Sec. 4, Rule 44 (7) The case is not appealable to the SC
(5) Failure of appellant to serve and file required
number of copies of his brief or memorandum R.2.18. Dual Function Of Appellate Courts
within time provided by Rules
(6) Absence of specific assignment of errors in the An appellate court serves a dual function. The
appellant’s brief, or of page references to first is the review for correctness function,
record as required in Sec. 13, (a), (c), (d), (f), whereby the case is reviewed on appeal to assure
Rule 44
that substantial justice has been done. The
(7) Failure of appellant to take necessary steps for
correction or completion of record within time second is the institutional function, which refers
limited by the court in its order to the progressive development of the law for
(8) Failure of appellant to appear at preliminary general application in the judicial system.
conference under Rule 48 or comply with
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Differently stated, the review for correctness granting a new trial or for setting aside,
function is concerned with the justice of the modifying, or otherwise disturbing a judgment or
particular case while the institutional function is order, unless refusal to take such action appears
concerned with the articulation and application to the court inconsistent with substantial justice.
of constitutional principles, the authoritative The court at every stage of the proceedings must
interpretation of statutes, and the formulation of disregard any error or defect which does not
policy within the proper sphere of the judicial affect the substantial rights of the parties. [Sec.
function. 6, Rule 51]

The duality also relates to the dual function of all We have likewise followed the harmless error rule
adjudication in the common law system. The first in our jurisdiction. In dealing with evidence
pertains to the doctrine of res judicata, which improperly admitted in trial, we examine its
decides the case and settles the controversy; the damaging quality and its impact to the substantive
second is the doctrine of stare decisis, which rights of the litigant. If the impact is slight and
pertains to the precedential value of the case insignificant, we disregard the error as it will not
which assists in deciding future similar cases by overcome the weight of the properly admitted
the application of the rule or principle derived evidence against the prejudiced party. [People vs.
from the earlier case. Teehankee G.R. Nos. 111206-08 (1995)]

With each level of the appellate structure, the


review for correctness function diminishes and
the institutional function, which concerns itself
with uniformity of judicial administration and the
progressive development of the law, increases.
[Bersamin, L.P., Appeal and Review in the
Philippines, 2000 (2nd Edition), Central
Professional Books, Inc., Quezon City, p. 355
quoted in Re: Letter complaint of Merlita B.
Fabiana against presiding justice Andres B. Reyes,
Jr. et al A.M. No. CA-13-51-J (2013)]

R.2.19 The “Harmless Error Rule” In Appellate


Decisions

No error in either the admission or the exclusion


of evidence, and no error or defect in any ruling or
order, or in anything done or omitted by the trial
court or by any of the parties is ground for
Comparative Table On The Modes Of Appeal

When Proper

RULE 40 RULE 41 RULE 42 RULE 43 RULE 45

ORDINARY APPEAL PETITIONS FOR REVIEW


Matter of Right; Filed with the court of Discretionary; No records are elevated unless the court
origin decrees it
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All records are elevated from court of Filed with the appellate court
origin

Appeal from a Appeals to the SC


Appeal from a
decision of the RTC from a judgment or
judgment or final
in the exercise of final order or
order of a
its original resolution of the CA,
MTC/MeTC/MCTC
jurisdiction Appeals from Sandiganbayan, CTA
awards, en banc, RTC (original
judgments, final jurisdiction) or such
Appeal from a
orders or other courts as may
decision of the RTC
resolution of or be authorized by law
rendered in the
authorized by
exercise of its
any quasi- Decisions, final
appellate
Rule 41 provisions shall apply to Rule 40 jurisdiction judicial agency orders, or resolutions
if not consistent with Rule 40 provisions in the exercise of of the CA in any case,
its quasi-judicial regardless of the
functions nature of the action or
proceedings involved,
may be appealed to
the SC by filing a
petition for review

Where To File

RULE 40 RULE 41 RULE 42 RULE 43 RULE 45

Filed with the MTC Filed with the RTC Filed with the CA Filed with the CA Filed with the SC
Appeal to the RTC Appeal to the CA Appeal to the CA Appeal to the CA Appeal to the SC

Questions of
Questions of fact,
Questions of fact or Questions of fact fact, questions
questions of law,
mixed questions of or mixed questions of law, or mixed Only questions of law
or mixed questions
fact and law of fact and law questions of fact
of both
and law

Time For Filing

RULE 40 RULE 41 RULE 42 RULE 43 RULE 45

Within 15 days Within 15 days Within 15 days from:


BY NOTICE OF APPEAL from notice of from: (1) Notice of
Within 15 days after notice of judgment or decision, or (1) Notice of judgment, final
final order Within 15 days award, order, or
judgment, resolution
from notice of
final order, appealed from; or
BY RECORD ON APPEAL denial of or (2) Notice of denial of
petitioner’s motion resolution; motion for new
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Within 30 days from notice of judgment for new trial or (2) Date of trial or
or final order by filing a notice of appeal reconsideration publication, reconsideration
and a record on appeal if filed in due time
publication after notice of
is required judgment
by law for its
effectivity; or
(3) Denial of
petitioner’s
MNT or MR

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R.3. RELIEF FROM JUDGMENTS OR FINAL Grounds:


ORDERS AND RESOLUTIONS
(1) FAME; or Ground: FAME
(2) Newly discovered
Remedies after finality of judgment evidence
(1) Petition for Relief [Rule 38]
(2) Action to Annul Judgment [Rule 47] Filed:
(3) Collateral Attack of a Judgment that is Void on (1) within 60 days
its Face Filed within the time from knowledge of
to appeal judgment; and
Nature (2) within 6 months
A legal remedy whereby a party seeks to set aside from entry of
judgment
a judgment rendered against him by a court
whenever he was unjustly deprived of a hearing If denied, order
If denied, order of
or was prevented from taking an appeal because denying a petition for
denial is not
of fraud, accident, mistake, or excusable relief is not
appealable; hence,
negligence (FAME). [Quelnan v. VHF Phils, G.R. appealable; remedy is
remedy is appeal from
No. 138500 (2005)] appropriate civil action
judgment
under Rule 65
A petition for relief from judgment is an equitable
remedy allowed only in exceptional cases when Legal remedy Equitable remedy
there is no other available or adequate remedy. Motion need not be Petition must be
When a party has another remedy available, verified verified
either motion for new trial or appeal, and he was
not prevented by FAME from filing such motion
A party who has filed a timely motion for new trial
or taking such appeal, he cannot avail himself of
or motion for reconsideration can no longer file a
this petition. [Trust International Paper Corp. v.
petition for relief from judgment after his motion
Pelaez, G.R. No. 164871 (2006)]
has been denied. These remedies are mutually
A petition for relief is not regarded with favor and exclusive. It is only in appropriate cases where a
judgment will not be disturbed where the party party aggrieved by the judgment has not been
complaining has or by his exercising proper able to file a motion for new trial or motion for
diligence would have had an adequate remedy at reconsideration that a petition for relief can be
law, as where petitioner could have proceeded by filed. [Francisco v. Puno, G.R. No. L-55694 (1981)]
appeal to vacate or modify the default judgment.
When Proper
[Manila Electric v. CA, G.R. No. 88396 (1990)]
The petition can be availed of when the judgment
Motion For New Trial And Petition For Relief or final order has been entered or when any other
proceeding is thereafter taken against the
Motion for New Trial Petition for Relief petitioner in any court through FAME. [Sec. 1,
[Rule 37] [Rule 38] Rule 38]

Available before Available after Thus, it was held that a petition for relief is also
judgment becomes judgment has become applicable to a proceeding taken after entry of
final and executory final and executory judgment or final order such as an order of
execution [Cayetano v. Ceguerra, G.R. No. L-18831
Applies to judgments,
Applies to judgments (1965)] or an order dismissing an appeal [Medran
final orders and other
or final orders only v. CA, G.R. No. L-1350 (1949)]
proceedings
Where Filed
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Rule 38 is not an independent action but a The petition must be:


continuation of the old case. Hence, it is filed with (1) Verified;
the same court and same branch which decided (2) Accompanied by an affidavit showing the
the case. FAME relied upon; and
(3) Accompanied by an affidavit of merit, showing
R.3.1. Grounds For Availing The Remedy [Secs. 1- the facts constituting the petitioner’s good
2, Rule 38] and substantial cause of action or defense.

(1) When judgment or final order is entered or The absence of an affidavit of merits is a fatal
any other proceeding is thereafter taken defect and warrant denial of the petition
against petitioner through FAME [Fernandez v. Tan Tiong Tick, G.R. No. 15877
(2) When petitioner has been prevented from (1961)]
taking an appeal by FAME
However, it is not a fatal defect so long as the
NOTE: “Extrinsic fraud” is that fraud which the facts required to be set out also appear in the
prevailing party caused to prevent the losing verified petition [Fabar Inc. v. Rodelas, G.R. No. L-
party from being heard on his action or defense. 46394 (1977)]
Such fraud concerns not the judgment itself but
the manner in which it was obtained. [AFP Mutual When Affidavit of Merit is not necessary:
Benefit Association, Inc. v. RTC-Marikina City, G.R. (1) When there is lack of jurisdiction over the
No. 183906 (2011)] defendant;
(2) When there is lack of jurisdiction over the
R.3.2. Time To File Action [Sec. 3, Rule 38] subject matter;
(3) When judgment was taken by default;
(1) Within 60 days after petitioner learns of the (4) When judgment was entered by mistake or
judgment, final order, or other proceeding to was obtained by fraud; or
be set aside; AND (5) Other similar cases.
(2) Not more than 6 months after such judgment
or final order was entered, or such proceeding Order to File Answer [Sec. 4, Rule 38]
was taken An order to answer shall issue only if petition is
sufficient in form and substance.
These two periods must concur, are not
extendible and are never interrupted. Strict If petition is sufficient in form and in substance,
compliance with these periods stems from the the court shall issue an order requiring the
equitable character and nature of the petition for adverse party to answer within 15 days from
relief. Such petition is actually the “last chance” receipt thereof.
given by law to litigants to question a final
judgment or order. Failure to avail of such Proceedings After Answer Is Filed [Sec. 6, Rule
chance, within the grace period fixed by the 38]
Rules, is fatal. [Quelnan v. VHF Phils, G.R. No. After filing of answer or expiration of the period
138500 (2005)] therefor, court shall hear the petition.

Reckoning Points If the court finds that the allegations are not true
(1) The 60-day period is reckoned from the time – Petition is dismissed.
the party acquired knowledge of the order,
judgment or proceeding. Not from the date he If the court finds that allegations are true:
actually read the same [Perez v. Araneta] (1) It shall set aside the judgment, final order, or
(2) 6-months period is computed from the date of other proceeding complained of upon such
entry of the order or judgment terms as may be just
(2) Thereafter, case shall stand as if such had
R.3.3. Contents Of Petition never been rendered, issued, or taken
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(3) The court shall then proceed to hear and Filed with the CA Filed with the RTC
determine the case as if timely motion for new
trial or reconsideration has been granted by it CA has exclusive and
RTC as a court of
original jurisdiction
NOTE: If the effect of FAME was the prevention of general jurisdiction
over said action under
an appeal, and the court finds the allegations to under Sec. 19(6) BP 129
be true, the court will treat it as if a timely appeal Sec. 9(2) of BP 129
had been filed.
The CA may dismiss The RTC has no such
Remedy for Denial of Petition for Relief the case outright; it discretion, it is
Appeal from an order denying a petition for relief has the discretion on required to consider it
is no longer available under the present rules. whether or not to as an ordinary civil
entertain the petition action
The remedy against a denial of a petition for relief
is certiorari under Rule 65, when proper.
Who Can File
R.4. ANNULMENT OF JUDGMENTS OR FINAL Petitioner need not be a party to the judgment
ORDERS AND RESOLUTIONS sought to be annulled.

Nature A person who is not a party to the judgment may


An action for annulment of judgment is a remedy sue for its annulment provided that he can prove
in law independent of the case where the the same was obtained through fraud or
judgment sought to be annulled was rendered. collusion, and that he would be adversely
The purpose is to have the final and executory affected thereby. . [Alaban v. CA, G.R. No. 156021
judgment set aside so that there will be a renewal (2005)]
of litigation. [Alaban v. CA, G.R. No. 156021
(2005)] R.4.1. Grounds For Annulment [Sec. 2, Rule 47]
(1) Extrinsic Fraud
When Proper • A fraudulent act committed by the
The remedy may not be invoked where the party prevailing party outside of the trial of the
case, whereby the defeated party was
has availed himself of the remedy of new trial,
prevented from exhibiting fully his side of
appeal, petition for review, or other appropriate the case by deception practiced on him by
remedy and lost, or where he has failed to avail the prevailing party [Alba v. CA, G.R. No.
himself of those remedies through his own fault 164041 (2005)]
or negligence. [Republic v. ‘G’ Holdings, Inc., G.R. • Extraneous evidence is admitted
No. 141241 (2005)] (2) Lack of Jurisdiction
• Either lack of jurisdiction over the person of
It is a condition sine qua non that one must have the defending party, or over the subject
failed to avail of those remedies, through no fault matter of the claim
attributable to him. Otherwise, he would benefit • Petitioner must show absolute lack of
jurisdiction and not mere abuse of judicial
from his own inaction or negligence. [Republic v. discretion; a claim of grave abuse of
De Castro, G.R. No. 189724 (2011)] discretion will support a petition for
certiorari but not an action for annulment
Where Filed of judgment.
Judgment, Final Order Judgment, Final Order • Only evidence found in the record can
justify nullity
or Resolution of the or Resolution of the
(3) Denial of Due Process
RTC MTC, etc. • Recognized as an additional ground based
on jurisprudence (infra.)

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R.4.2. Period To File Action [Sec. 3, Rule 47] R.4.3. Effect Of Judgment Of Annulment [Sec. 7,
Lack of Rule 47]
Extrinsic Fraud
Jurisdiction
Based on Lack of Jurisdiction
Before barred (1) The same shall be set aside, and considered
Period for 4 years from null and void
by laches or
Filing discovery (2) Aggrieved party may refile the action in the
estoppel
proper court
• This may involve a different court of
competent jurisdiction
There must be a manifest showing with petition • Where the reason was lack of jurisdiction
that it was filed within the 4-yr period. over the defendant, the action may be re-
filed in the same original court, provided it
The rule does not fix the period to annul has proper jurisdiction and venue
judgment based on lack of jurisdiction but
recognizes the principle of estoppel as first laid Based on Extrinsic Fraud
down by Tijam v. Sibanghanoy [G.R. No. L-21450 (1) The same shall be set aside and considered
(1968)]. null and void
(2) On motion of the prevailing party on justifiable
grounds, he may be allowed to no longer refile
Form and Contents of Petition [Sec. 3, Rule 47]
the action; instead, the trial court which
(1) Verified petition, alleging therein: rendered the questioned judgment shall be
(a) With particularity, the facts and the law ordered to try the case anew
relied upon
(b) Petitioner’s good and substantial cause of The prescriptive period for the refiling of the
action or defense
aforesaid original action shall be deemed
(2) Filed following the Efficient Use of Paper Rule
(3) Certified true copy of the judgment or final suspended from the filing of said original action
order or resolution shall be attached to the until the finality of the judgment of
original copy of the petition annulment. However, the prescriptive period
(4) Affidavits of witnesses or documents shall not be suspended where the extrinsic fraud
supporting the cause of action or defense; and is attributable to the plaintiff in the original
(5) Certificate of non-forum shopping action. [Sec. 8, Rule 47]
Proceedings R.5. COLLATERAL ATTACK OF JUDGMENTS
Two stages in the disposition of the petition:
(1) A preliminary evaluation of the petition for
prima facie merit [Sec. 5] Direct Attack v. Collateral Attack
• The rule allows the CA to dismiss the • Direct attack upon a judgment is an action or
petition outright as in special civil actions proceeding to annul it, this being the main
• If prima facie merit is found, petition is object of the proceeding
given due course and summons is served • Collateral attack upon a judgment is one
on respondent made to obtain relief other than the setting
(2) If prima facie merit is found, petition is given aside of the judgment, the attack on the
due course and issuance of summons as in judgment itself being incidental
ordinary civil cases is made [Sec. 6]
• Procedure in ordinary civil cases is The validity of a judgment or order of the court,
observed which has become final and executory, may be
attacked in three ways:
NOTE: Prima facie determination is not available (1) By a direct action or proceeding to annul the
in annulment of judgments or final orders of same
MTCs before the RTC. [Sec. 10, Rule 47]

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• A direct attack against the order or


judgment because it is not incidental to, If the appropriate remedies are no longer
but is the main object of, the proceeding available without the fault of the petitioner, the
• To annul and enjoin enforcement of the equitable and extraordinary remedy of Petition
judgment, where the alleged defect is not for Annulment of Judgment [Rule 47] may be
apparent on its face or from the recitals resorted to.
contained in the judgment
• See Rule 47
When all else fails, there is jurisprudence to the
(2) By direct action, as certiorari, or by collateral
attack in case of apparent nullity effect that a patently void judgment may be dealt
• The collateral attack must be against a with by a Main Action for Injunction. [Barrameda
challenged judgment which is void upon its v. Moir, G.R. No. L-7927 (1913)]
face as where it is patent that the court
which rendered said judgment has no Jurisprudential Basis
jurisdiction or that the nullity of the Spouses Benatiro v. Heirs of Cuyos [G.R. No.
judgment is apparent from its own recitals 161220 (2008)] and Agustin v. Bacalan [G.R. No.
(3) By a Petition for Relief under Rule 38 L-46000 (1985)] on the matter of void judgment
• This third manner of attacking must be particularly refer to Rule 47 as a remedy against
taken in the same action or proceeding in
which the judgment or order was entered a void judgment. This remedy, however, should
be availed of only when the appropriate remedies
Void Judgment are no longer available without fault on the part
A void judgment is no judgment at all. It cannot of the petitioner.
be the source of any right nor the creator of any
obligation. All acts performed pursuant to it and Although Sec. 2 of Rule 47 of the Rules of Court
all claims emanating from it have no legal provides that annulment of a final judgment or
effect. Hence, it can never become final and any order of an RTC may be based "only on the
writ of execution based on it is void. [Polystyrene grounds of extrinsic fraud and lack of
Manufacturing v. Privatization Management, G.R. jurisdiction," jurisprudence recognizes denial of
No. 171336 (2007)] due process as additional ground therefore.
[Spouses Benatiro v. Heirs of Cuyos, G.R. No.
A judgment may be void for lack of due process of 161220 (2008)]
law. [Spouses Benatiro v. Heirs of Cuyos, G.R. No.
161220 (2008)] A void judgment is like an outlaw which may be
slain at sight wherever or whenever it exhibits its
Attacking a Void Judgment head. The proper remedy in such case, after the
It may be assailed anytime, collaterally or in a time for appeal or review has passed, is for the
direct action or by resisting such judgment or aggrieved party to bring an action to enjoin the
final order in any action or proceeding whenever judgment. [Montinola v. Judge Gonzales (1989)]
it is invoked, unless barred by laches. [Spouses
Benatiro v. Heirs of Cuyos, G.R. No. 161220 A final judgment may be annulled on the ground
(2008)] of lack of jurisdiction, fraud, or that it is contrary
to law. [Panlilio v. Garcia, G.R. No. L-29038
Remedies (1982)]
If the reglementary period for appeal has not yet
lapsed, some remedies are New Trial and
Reconsideration [Rule 37], Appeal [Rules 40-45], S. EXECUTION, SATISFACTION, AND
EFFECT OF JUDGMENTS
Petition for Relief [Rule 48], and Other
Appropriate Remedies such as Certiorari may also Execution is the legal remedy for the enforcement
be used. of a judgment. It is not an action but is included

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in the phrase “Process in an action” – part of the Finality for purposes of execution refers to the
proceedings considered as still pending. judgment being “final and executory” upon the
lapse of the appeal period if no appeal is taken,
Writ of Execution – a judicial writ issued to an upon which execution shall issue as a matter of
officer authorizing and requiring him to execute right. [Sec. 1, Rule 39]
the judgment of the court.
A judgment becomes “final and executory” by
S.1. DIFFERENCE BETWEEN FINALITY OF operation of law. Finality becomes a fact upon the
JUDGMENT FOR PURPOSES OF APPEAL; FOR lapse of the reglementary period to appeal if no
PURPOSES OF EXECUTION appeal is perfected.

A judgment is final if it disposes of the action as Final AND Executory


Final Judgments
distinguished from an interlocutory order which Judgments
leaves something to be done with respect to the
merits of the case, and it is executory if the period - They finally dispose
to appeal has expired and no appeal is taken. of, adjudicate, or
[Herrera] determine the rights
- Judgments become
of the parties,
final and executory by
Finality for purposes of appeal refers to the HOWEVER, they are
operation of law.
distinction between “final judgments or orders” not yet “final and
and “interlocutory orders,” which cannot be executory” pending
- After the lapse of the
appealed. [Sec. 1(b), Rule 41] the expiration of the
reglementary period to
reglementary period
appeal, the prevailing
The word interlocutory refers to something for appeal.
party is entitled to a
intervening between the commencement and the writ of execution, and
end of a suit, which decides some point or matter - During that period,
issuance thereof is a
but is not a final decision of the whole the winning party
ministerial duty of the
controversy. [Ramiscal, Jr. v. Sandiganbayan, G.R. cannot demand the
court.
No. 140756-90 (2004)] execution of the
judgment yet as a
A final judgment or order is one that finally right.
disposes of a case, leaving nothing more to be
done by the court in respect thereto. Examples
include: S.2. WHEN EXECUTION SHALL ISSUE
(1) an adjudication on the merits which, on the
basis of the evidence presented at the trial, GENERAL RULE: Execution shall issue as a
declares categorically what the rights and matter of right, on motion, upon a judgment or
obligations of the parties are and which party order that disposes of the action or proceeding
is in the right; or upon the expiration of the period to appeal
(2) a judgment or order that dismisses an action therefrom if no appeal has been duly perfected.
on the ground, for instance, of res judicata or
prescription. If the appeal has been duly perfected and finally
resolved, the execution may forthwith be applied
Once rendered, the task of the court is ended, as for in the court of origin, on motion of the
far as deciding the controversy or determining the judgment obligee, submitting therewith certified
rights and liabilities of the litigants is concerned. true copies of the judgment/s or final order/s
Nothing more remains to be done by the court sought to be enforced and of the entry thereof,
except to await the parties' next move (such as with notice to the adverse party.
filing of a motion for new trial or reconsideration,
or the taking of an appeal) and ultimately, to EXCEPTIONS:
cause the execution of the judgment once it Execution may issue even if judgment is not final
becomes 'final and executory.’ in the following cases:
(1) Support pendente lite

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(2) Judgments of inferior courts in ejectment party when the judgment or order becomes
cases executory. The court cannot refuse execution.
(3) Execution pending appeal
(4) Injunction, accounting, receivership, support EXCEPTIONS:
[Sec. 4, Rule 39] The issuance of a writ of execution which issues
(5) Decisions of the RTC in appealed civil cases as a matter of right can be countered in any of the
under Summary Procedure, including forcible following cases:
entry and unlawful detainer (1) When the judgment has already been
(6) Decisions of the LA reinstating a dismissed executed by the voluntary compliance thereof
employee, insofar as reinstatement is by the parties;
concerned (2) When a judgment has been novated by the
parties;
S.2.1. Execution As A Matter Of Right [Sec. 1, Rule (3) When a petition for review is filed and
39] preliminary injunction is granted; Also, when
A judgment becomes final and executory by execution of the judgment has been enjoined
operation of law, not by judicial declaration. The by a higher court;
prevailing party is entitled as a matter of right to (4) When the judgment sought to be executed is
a writ of execution, and the issuance thereof is a conditional or incomplete;
ministerial duty and compellable by mandamus. (5) When facts and circumstances transpire
[Herrera] which would render execution inequitable or
unjust;
Execution as a matter of right is available in two (6) When execution is sought more than five (5)
instances: years from its entry without it having been
(1) No appeal has been perfected or period of revived;
appeal has expired (7) When execution is sought against property
(2) Appeal has been perfected and finally exempt from execution;
resolved (8) When refusal to execute the judgment has
become imperative in the higher interest of
NOTE: Some judgments are not appealable, e.g. justice. [Riano]
small claims, compromise, etc.
Supervening Event Doctrine
How Done A supervening event can be invoked for the
(1) If no appeal is perfected, prevailing party modification or alteration of a final judgment.
applies by motion for a writ of execution This refers to:
(2) If an appeal has been perfected and finally (1) Facts which transpire after judgment has
resolved – become final and executory;
(a) prevailing party files a motion in the court (2) New circumstances which developed after the
of origin, submitting: judgment has acquired finality;
(i) certified true copies of the (3) Matters which the parties were not aware of
judgment/s or final order/s sought prior to or during the trial as they were not yet
to be enforced; in existence at that time.
(ii) certified true copies of the entry (4) The supervening facts or circumstances must
thereof; and either bear a direct effect upon the matters
(iii) with notice to the adverse party. already litigated and settled or create a
(b) appellate court may also direct the court of substantial change in the rights or relations of
origin to issue the writ of execution, upon the parties therein which render execution of
motion in the same case, when the interest the final judgment unjust, impossible, or
of justice so requires. inequitable [Abrigo, et al. v. Flores, et al., G.R.
No. 160786 (2013)].
NOTE: Execution may only issue upon motion
with notice of hearing. S.2.2. Discretionary Execution [Sec. 2, Rule 39]

GENERAL RULE: Issuance of the writ of execution


is a matter of right on the part of the prevailing
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Discretionary Execution as a lapse of time become unable to enjoy it [Far East


Execution Matter of Right Bank v. Toh, G.R. No. 144018 (2003)]

May issue before the Period to appeal has Examples of Good Reasons:
lapse of period to already lapsed and (1) Where the goods subject of the judgment
appeal, and even no appeal is stand to perish or deteriorate during the
during appeal perfected, or there is pendency of the appeal [Yasuda v. CA]
no appeal (2) The award of actual damages is for an amount
fixed and certain [Radio Communications Inc.
Discretionary upon the Ministerial duty of the v. Lantin]. But not an award for moral and
court court exemplary damages
Upon showing of good Provided there are no (3) Insolvency of a defeated party [Hacienda
reason for execution supervening events Navarro v. Labrador]
(4) The prevailing party is of advanced age and in
a precarious state of health and the obligation
Under the Rule on Discretionary Execution (also in the judgment is non-transmissible, being
called execution pending appeal), the court for support [De Leon v. Soriano]
rendering the judgment, if it still has jurisdiction, (5) Where defendants were exhausting their
may exercise discretion and order execution income and have no other property aside from
pending appeal. proceeds of the property subject in litigation
[Lao v. Mencias]
It is the execution of a judgment or final order
before it attains finality. The court which Discretionary Execution is not applicable in the
rendered the decision can grant an execution case of the Court of Appeals:
pending appeal if it still retains jurisdiction over (1) The Rule on Discretionary Execution
the case and is in possession of the records at the contemplates a situation where a judgment or
time of the filing of the motion; otherwise, the final order rendered in the exercise of its
motion shall be acted upon by the appellate original jurisdiction and the prevailing party in
court. said decision seeks immediate execution
during the pendency of an appeal.
To be valid, there should be a good reason to (2) The CA has no authority to issue IMMEDIATE
justify execution pending appeal, stated in the EXECUTION PENDING APPEAL OF ITS OWN
order which granted it. DECISIONS THEREIN.
(3) Discretionary execution is allowed pending
The period to appeal where a motion for appeal of judgment or final order of the trial
reconsideration has been filed commences only court upon good reasons to be stated in a
upon the receipt of a copy of the order disposing special order.
of the motion for reconsideration. The pendency
of the MR prevents the running of the period to A judgment of the CA cannot be executed
appeal. When there is a pending MR, an order of pending appeal. [Heirs of Justice JBL Reyes v. CA,
execution pending appeal is improper and G.R. No. 135180-81 (2000)]
premature [JP Latex Technology, Inc. v. Ballons
Granger Balloons, Inc., et al., G.R. No. 177121 Requisites for Discretionary Execution:
(2009)] (1) There must be a motion filed by prevailing
party with notice to adverse party
Mere issuance of a bond to answer for damages (2) There must be a hearing of the motion for
is no longer considered a good reason for discretionary execution
execution pending appeal [Planters Products v. (3) There must be good reasons to justify the
CA, G.R. No. 106052 (1999)] discretionary execution
(4) These good reasons must be stated in a
“Good reasons” special order after due hearing
Compelling circumstances justifying the
immediate execution lest judgment becomes When Filed
illusory, or the prevailing party may after the
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The motion for discretionary execution shall be


filed with the trial court while Modes of Enforcement of Execution
(1) it has jurisdiction over the case; and Mode When Enforced
(2) it is in possession of either the original record
or the record on appeal. Within 5 years from date
By Motion
of entry of judgment
After the trial court has lost jurisdiction, the
motion may be filed in the appellate court. After the lapse of 5 years
[Bangkok Bank Public Company, Ltd. v. Lee, G.R. from date of entry and
No.159806 (2006)] before it is barred by
By Independent
statute of limitations
Action
Stay of Discretionary Execution which is 10 years from
Discretionary execution may be stayed upon date of entry (Art.
approval by the proper court of a sufficient 1144(3))
supersedeas bond filed by the party against whom
it is directed, conditioned upon the performance
of the judgment or order allowed to be executed NOTE: The revived judgment may be enforced by
in case it shall be finally sustained in whole or in motion within 5 years from date of its entry and
part [Sec. 3, Rule 39] thereafter by action before it is barred by statute
of limitations.
Bond may be proceeded against on motion with
notice to surety Once the judgment is revived, the 10-year
prescriptive period commences to run from the
GENERAL RULE: The filing of a supersedeas bond date of finality of the revived judgment and not
is sufficient to stay the enforcement of a the original judgment. [PNB v. Bondoc, G.R. No.
discretionary execution. L-20236 (1965)]

EXCEPTION: However, the filing of the S.3.2. Issuance And Contents Of A Writ Of
supersedeas bond does not entitle the judgment Execution [Sec. 8, Rule 39]
debtor to the suspension of execution as a matter
of right. Where the needs of the prevailing party Contents of the Writ of Execution
are urgent, the Court can order immediate (1) Issued in the name of the Republic from the
execution despite such supersedeas bond. court which granted the motion
[Regalado] (2) States the name of the court, case number
and title, dispositive part of judgment or order
If judgment is reversed totally or partially, or (3) Requiring the sheriff or other proper officer to
annulled whom it is directed to enforce the writ
The trial court may, on motion, issue such orders according to its terms
of restitution or reparation of damages as equity (4) In all cases, it shall also specifically state the
and justice may warrant under the circumstances amount of interest, cost, damages, rents, or
[Rule 39, Sec. 5] profits due as well as the principal obligation

Remedy against Discretionary Execution Dispositive Portion as Subject of Execution


The remedy is certiorari by Rule 65. The fact that
the losing party has also appealed from the GENERAL RULE: The dispositive portion of the
judgment does not bar certiorari proceedings as decision is that part that becomes the subject of
the appeal could not be an adequate remedy execution
from such premature execution. [Jaca v. Davao
Lumber Co., L-25771 (1982)] EXCEPTIONS:
(1) Where there is ambiguity, the body of the
S.3. HOW JUDGMENT IS EXECUTED opinion may be referred to for purposes of
construing the judgment because the
S.3.1. Execution By Motion Or Independent Action dispositive part of a decision must find
[Sec. 6, Rule 39] support from decision’s ratio decidendi
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(2) Where extensive and explicit discussion and Instances where errors may be committed
settlement of the issue is found in the body of prejudicial to the rights of a party, calling for
the decision correction by a higher court. Examples of these
(3) Where one can clearly and unquestionably instances are:
conclude from the body that there was a (1) When the writ varies the judgment;
mistake in the dispositive portion, the body of (2) When there has been a change in the situation
the decision will prevail. [Metropolitan Cebu of the parties rendering execution inequitable;
Water District v. Mactan Rock Industries, Inc., (3) When execution is sought to be enforced
G.R. No. 172438 (2012)] against property exempt from execution;
(4) When it appears that the controversy has
To Whom Issued never been submitted to the judgment of the
court;
GENERAL RULE: Only real parties in interest in an (5) When the terms of the judgment are not clear
action are bound by judgment rendered therein enough and there remains room for
and by the writs of execution interpretation;
(6) When it appears that the judgment has
EXCEPTIONS: already been satisfied;
There are certain cases where the writ may be (7) When it appears the writ has been
issued against non-parties: improvidently issued;
(1) One who is privy to judgment debtor can be (8) When it appears that the writ is defective in
reached by an order of execution and writ of substance;
demolition [Vda. De Medina v. Cruz, G.R. No. (9) When the writ is issued against the wrong
L-39272 (1988)] party;
(2) Issued against one who not being originally a (10) When the writ was issued without
party to the case submits his interest to the authority.
court for consideration in the same case and
invites adjudication regarding said interest If motion to quash is denied, appeal from said
[Jose v. Blue, G.R. No. L-28646 (1971)] denial
(3) Where non-parties voluntarily signed the
compromise agreement or voluntarily An order granting the issuance of the writ is not
appeared before court [Rodriguez v. Alikpala, appealable, except where:
G.R. No. L-38314 (1974)] (1) The order varies the terms of the judgment, or
(4) Where the remedy of a person not a party to (2) Where, being vague, the court renders what is
the case which he did not avail of, was to believed to be a wrong interpretation
intervene in the case in question involving
rights over the same parcel of land and said Return Of Writ Of Execution [Sec. 14, Rule 39]
person in another case was adjudged buyer in
bad faith thereof [Lising v. Plan, G.R. No. Effectivity
50107 (1984)] The writ shall continue to be in effect during the
(5) In an ejectment case, where 3rd party derived period within which judgment may be enforced
his right of possession from defendant by motion (5 years from entry of judgment).
particularly when such right was acquired only
after filing of ejectment suit [Cordova v. Judgment Satisfied within 30 days
Tornilla, AM No. MTJ-94-997 (1995)] Writ of execution is returnable to the court issuing
it immediately after the judgment has been
Remedies against a Writ of Execution satisfied in part or in full.

GENERAL RULE: The execution of final and Judgment Not Satisfied within 30 days
executory judgments may no longer be contested Officer shall report to the court stating the reason
and prevented, and no appeal should lie for non-satisfaction, and shall continue to make
therefrom. a report every 30 days until judgment is satisfied
in full or the writ expires.
EXCEPTIONS:
Form of Returns and Reports
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The returns or periodic reports made by the (b) If judgment obligee or his representative is
sheriff: not present to receive payment:
(1) shall set forth the whole of the proceedings (i) Judgment obligor shall deliver
taken; payment to executing sheriff
(2) shall be filed with the court; and (ii) Sheriff shall turn over the amounts
(3) shall have copies thereof furnished to the within the same day to the clerk
parties. which issued the writ or deposit the
amounts to a fiduciary account in the
Entry Of Satisfaction Of Judgment [Sec. 45, Rule nearest government depository bank
39] of the RTC of the locality
Satisfaction of Judgment is entered by the clerk (3) The judgment obligor shall pay the lawful fees
of court in the court docket and in the execution handed over to the sheriff. Sheriff shall turn
book upon: over the said amount within the same day to
(1) Return of the writ of execution showing full the clerk that issued the writ
satisfaction of the judgment; (4) If there is any excess it shall be delivered to the
(2) Filing of an admission to the satisfaction, judgment obligor. Lawful fees shall be
executed and acknowledged in the same retained by the clerk
manner as a conveyance of real property by
the judgment creditor or his lawyer; or B. Satisfaction By Levy
(3) Upon indorsement of such admission by the Levy is the act whereby a sheriff sets apart or
judgment creditor or his attorney on the face appropriates for the purpose of satisfying the
of the record of the judgment. command of the writ, a part or the whole of the
judgment debtor’s property.

S.3.3. Execution Of Judgments For Money Levy means the act or acts by which an officer sets
apart or appropriates a part or the whole of the
If the award is for payment of money, execution is property of the judgment debtor for purposes of
enforced by: the prospective execution sale [Llenares v.
(1) Immediate payment on demand Vandevella (1966)].
(2) Satisfaction by levy
(3) Garnishment of debts and credits [Sec. 9, Rule If susceptible of appropriation, the officer
39] removes and takes the property for safekeeping;
otherwise the same is placed under sheriff’s
A. Immediate Payment On Demand guards. Without valid levy having been made, any
sale of the property thereafter is void.
Procedure
(1) The officer shall demand from judgment What may be levied?
obligor the immediate payment of the full All property of the judgment obligor not exempt
amount stated in the writ and all lawful fees from execution.
(2) The judgment obligor shall pay the amount of
the judgment debt Conditions before resort to Satisfaction by Levy
(a) Payable in Cash, Certified bank check (1) If the judgment obligor cannot pay all or part
payable to judgment obligee, or any other of the obligation then the officer shall levy
form of payment acceptable to judgment upon the properties of the judgment obligor
obligee (2) Characteristics of properties to be levied
(i) In no case shall sheriff demand that (a) Properties of every kind and nature
any payment by check be made whatsoever
payable to him (b) May be disposed of for value
(ii) Amount of judgment under proper (c) Not otherwise exempt from execution
receipt directly to the judgment
obligee or his authorized Procedure
representative if present at time of (1) The judgment obligor has the option to
payment immediately choose which property or part

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thereof may be levied upon, sufficient to “forced intervenor” to the case and the trial court
satisfy judgment thereby acquires jurisdiction to bind the
(2) If judgment obligor does not exercise the garnishee to comply with its orders and
option: processes. [BPI v. Lee, G.R. No. 190144 (2012)]
(a) The officer shall first levy on personal
properties, if any UP’s funds, being government funds, are not
(b) If personal properties are insufficient, then subject to garnishment. Moreover, the execution
on the real properties of the monetary judgment against the UP was
(3) Sheriff shall sell only a sufficient portion of within the primary jurisdiction of the COA. [UP v.
personal or real property of the judgment Dizon, G.R. No. 171182 (2012)]
obligor levied upon
(4) If there is more property than is sufficient to Procedure
satisfy judgment and lawful fees, then sell (1) Levy shall be made by serving notice upon:
only so much as is sufficient (a) The person owing such debts, or
(b) Having in his possession or control such
C. Garnishment Of Debts And Credits credits to which judgment obligor is
Garnishment is considered as a species of entitled
attachment for reaching credits belonging to the (2) Garnishment to cover only such amount as
judgment debtor and owing to him from a will satisfy judgment and lawful fees
stranger to the litigation (3) If there are 2 or more garnishees, holding
deposits or credits sufficient to satisfy
The Officer may levy on: judgment, judgment obligor shall have the
(1) Debts due the judgment obligor and other right to indicate the garnishee/s who shall be
credits, required to deliver. Otherwise, the choice shall
(2) Including bank deposits, financial interests, be made by judgment obligee
royalties, commissions, (4) The garnishee shall make a written report to
(3) And other personal property not capable of the court within 5 days from service of notice
manual delivery in possession and control of of garnishment. The report shall state
third parties whether or not the judgment obligor has
sufficient funds or credits to satisfy judgment.
The process of levying shall be called (5) Garnish the amount which may be in cash, or
garnishment if the property involved is money, certified bank check issued in the name of
stocks, or other incorporeal property in the hands judgment obligee
of third persons. Garnishment merely sets apart (6) Garnished amount shall be delivered directly
such funds but does not constitute the creditor as to judgment obligee within 10 working days
owner of the garnished property. from service of notice on said garnishee
requiring such delivery
The Rules of Court themselves do not require that (7) Follow procedure under “Immediate Payment
the garnishee be served with summons or on Demand” with respect to delivery
impleaded in the case in order to make him liable. (8) Lawful fees shall be paid directly to court
All that is necessary for the trial court lawfully to
bind the person of the garnishee or any person S.3.4. Execution Of Judgments For Specific Acts
who has in his possession credits belonging to the [Sec. 10, Rule 39]
judgment debtor is service upon him of the writ of
garnishment. [Perla v. Ramolete, G.R. No. L- For Conveyance of Real of Land or Personal
60887 (1991)] Property
Judgment directs a party to:
Garnishment is not a violation of RA 1405 on the (a) Execute a conveyance of land or personal
secrecy of bank deposits, as it does not involve an property;
inquiry or examination of such deposit. [China (b) Deliver deeds or other documents; or
Banking Corp. v. Ortega, G.R. No. L-34964 (1973)] (c) Perform any other specific act in connection
therewith
NOTES: Upon service of the writ of garnishment,
the garnishee becomes a “virtual party” or
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If the party fails to comply within the time (2) after the judgment obligor has failed to
specified: remove these within a reasonable time fixed
(1) Court may direct the act to be done at the cost by the court.
of the disobedient party by some other person
appointed by the court; or Delivery of personal property
(2) If the real or personal property directed to be The officer shall take possession of the same and
conveyed is situated in the Philippines, court forthwith deliver it to the party entitled to it, and
may by order divest the title of any party and satisfy any judgment for money as therein
vest it in others, which shall have the force and provided.
effect of conveyance executed in due form.
S.3.5. Execution Of Special Judgments
It is only when reconveyance is no longer feasible
(e.g. passed on to a buyer for value in good faith, When Proper [Sec. 11, Rule 39]
dissipated, etc.) that the judgment obligor should A judgment requires performance of any other
pay the judgment obligee the fair market value of act than payment of money or sale or delivery of
the property [Raymundo v. Galen Realty and property.
Mining Corp., G.R. No. 191594 (2013)]
Such judgment is one which can only be complied
For Sale of real or personal property with by the judgment obligor because of his
An order for execution shall be issued describing personal qualifications or circumstances.
the property to be sold, and directing the sheriff
or other proper officer to sell it, and apply the Procedure
proceeds in conformity with the judgment. [Secs. (1) A writ of execution shall be issued, with a
8(b), 10, Rule 39] certified true copy of the judgment attached.
(2) Writ shall be served by the officer upon:
For Delivery or Restitution of Real Property (a) The party against whom the judgment is
The officer shall demand of the person against rendered; or
whom the judgment is rendered and all persons (b) Any other person required by the judgment
claiming rights under him to peaceably vacate the or by the law to obey the same.
property within three (3) working days, and (3) Failure of such party to obey is punishable by
restore possession to the judgment obligee. contempt.

Otherwise, the officer shall oust all such persons Examples:


therefrom with the assistance, if necessary, of (1) A judgment in mandamus to reinstate
appropriate peace officers, and employing such petitioner as chief clinic of the hospital. [Vital-
means as may be reasonably necessary to retake Gozon v. CA (1992)]
possession, and place the judgment obligee in (2) A judgment directing defendant to remove a
possession of such property. fence from a certain place is a special
judgment. [Marquez v. Marquez, 73 Phil. 74]
Any costs, damages, rents or profits awarded by
the judgment shall be satisfied in the same S.3.6. Effect Of Levy On Third Persons
manner as a judgment for money. The levy on execution shall create a lien in favor
of the judgment obligee over the right, title and
Removal of improvements on property subject of interest of the judgment obligor in such property
execution at the time of the levy, subject to liens and
When the property subject of the execution encumbrances then existing. [Sec. 12, Rule 39]
contains improvements constructed or planted
by the judgment obligor or his agent, the officer NOTE: The power of the court in execution
shall not destroy, demolish or remove said extends only over properties unquestionably
improvements except: belonging to the judgment debtor.
(1) upon special order of the court, issued upon
motion of the judgment obligee after due A duly registered levy on attachment or execution
hearing; and is preferred over a prior unregistered sale. Under
the Torrens system, the auction sale of property
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retroacts to the date the levy was registered; now, or any pension or gratuity from the
under Secs. 51 and 2 of P.D. 1529, the act of Government;
registration is the operative act to convey or affect (13) Properties specially exempted by law,
the land insofar as third persons are concerned such as:
[Du v. Stronghold Insurance Co. Inc., G.R. No. (a) property mortgaged to the DBP [Sec. 26,
156580 (2004)] CA 458];
(b) savings of national prisoners deposited
S.4. PROPERTIES EXEMPT FROM EXECUTION with the postal savings bank [Act. 2489];
(c) benefits from private retirement systems of
GENERAL RULE: Except as otherwise expressly companies and establishments with
provided by law, the following property, and no limitations [RA 4917];
other, shall be exempt from execution [Sec. 13, (d) laborer’s wages except for debts incurred
Rule 39] for food, shelter, clothing and medical
attendance [Art. 1708, Civil Code];
(1) The judgment obligor's family home as (e) benefit payments from SSS [RA 1161, as
provided by law, or the homestead in which he amended; Sec. 16]
resides, and land necessarily used in
connection therewith; EXCEPTION:
(2) Ordinary tools and implements personally However, no article or species of property
used by him in his trade, employment, or mentioned in this section shall be exempt from:
livelihood; (1) Execution issued upon a judgment recovered
(3) Three horses, or three cows, or three carabaos, for its price, or
or other beasts of burden, such as the (2) Upon a judgment of foreclosure of a mortgage
judgment obligor may select necessarily used thereon.
by him in his ordinary occupation;
(4) His necessary clothing and articles for The exemptions must be claimed, otherwise they
ordinary personal use, excluding jewelry; are deemed waived. It is not the duty of the
(5) Household furniture and utensils necessary sheriff to set off the exceptions on his own
for housekeeping, and used for that purpose initiative. [Herrera v. Mcmicking, G.R. No. L-5329
by the judgment obligor and his family, such (1909)]
as the judgment obligor may select, of a value
not exceeding P 100,000.00; S.5. PROCEEDINGS WHERE PROPERTY
(6) Provisions for individual or family use CLAIMED BY THIRD PERSONS
sufficient for four (4) months; Sec. 16, Rule 39 and other provisions providing a
(7) The professional libraries and equipment of mode for recovering property alleged to have
judges, lawyers, physicians, pharmacists, been wrongfully taken by sheriff pursuant to a
dentists, engineers, surveyors, clergymen, writ of execution or other process, refer to a
teachers, and other professionals, not stranger to an action. [Tillson v. CA, G.R. No.
exceeding P300,000.00 in value; 89870 (1991)]
(8) One fishing boat and accessories not
exceeding the total value of one hundred Remedies of Third-Party Claimant
thousand pesos owned by a fisherman and by (1) Summary hearing before the court which
the lawful use of which he earns his livelihood; authorized the execution
(9) So much of the salaries, wages, or earnings of (2) “Terceria” or third-party claim filed with the
the judgment obligor for his personal services sheriff [Sec. 16, Rule 39]
within the four (4) months preceding the levy (3) Action for damages on the bond posted by the
as are necessary for the support of his family; judgment creditor
(10) Lettered gravestones; (4) Independent reivindicatory action
(11) Monies, benefits, privileges, or annuities
accruing or in any manner growing out of any The aforementioned are cumulative remedies
life insurance; and may be resorted to by a third-party claimant
(12) The right to receive legal support, or independently of or separately from and without
money or property obtained as such support, need of availing of the others. [Sy v. Discaya, G.R.
No. 86301 (1990)]
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(b) If claimant’s proofs do not persuade, the


For a Third-Party Claim to be Sufficient: claim will be denied by the court
(1) Must be filed by a person other than the
defendant or his agent, at any time before sale The court determination is limited only to a
(2) Must be under oath or supported by affidavit determination of whether the sheriff has acted
stating the claimant’s title to, or right of rightly or wrongly in performance of his duties.
possession of, the property, and grounds The court does not and cannot pass upon the
therefor question of title.
(3) Must be served upon the officer making levy
and a copy thereof upon the judgment creditor B. Terceria
Independent of the foregoing, a third-party
On spouses claimant may also avail of the remedy of Terceria
(1) A spouse who was not a party to the suit but [Sec. 16, Rule 39]. This is an action for damages
whose conjugal property is being executed by the claimant against officer within 120 days
because the other spouse is the judgment from date of filing of bond for taking or keeping
obligor is not considered a stranger to the suit the property subject of the terceria .
and cannot file a separate action to question
the execution since they could have easily Procedure
questioned the execution in the main case (1) Claimant serves on the officer making levy an
itself. [Regalado] affidavit of his title and a copy thereof to
(2) The institution of a separate action was judgment creditor
allowed when the property was the exclusive (2) Officer shall not be bound to keep property
or paraphernal property of a spouse who was • Unless judgment creditor, or his agent, on
not a party to the case the judgment wherein demand of officer, posts indemnity bond
was sought to be executed. In such a situation, not lesser nor greater than value of
the aggrieved spouse was deemed to be a property
stranger to that main action [Ching v. CA, G.R. (3) Where a third-party claim has been filed in
No. 118830 (2003)] due form:
• Prevailing party can compel the sheriff to
When to file proceed by filing of a bond to answer for
Any time, as long as the sheriff has the damages as a consequence of the
possession of the property levied upon, or before execution
the property shall have been sold under
• If sheriff proceeds with the sale without
execution.
such bond, he will be personally liable for
such damages as may be sustained by and
Effect of Third-Party Claim
awarded to the claimant
When a third-party claim is filed, sheriff is not
(4) Action against Indemnity
bound to proceed with the levy of the property
unless judgment creditor or latter’s agent posts • Action against indemnity bond must be
an indemnity bond against the claim. filed within 120 days from date of filing of
the bond
A. Summary Hearing Before Court Authorizing • After lapse of 120 days, no claim for
damages for taking or keeping of property
Execution
may be enforced against the bond
A third-person whose property was seized by a
sheriff to answer for an obligation of a judgment The right of a third-party claimant to file a
debtor may invoke the supervisory power of the terceria is founded on his title or right of
court which authorized such execution possession. Corollary thereto, before the court
can exercise its supervisory power to direct the
Procedure release of the property mistakenly levied and the
(1) Claimant files application restoration thereof to its rightful owner, the
(2) Court conducts summary hearing claimant must first unmistakably establish his
(a) The court may command that the property ownership or right of possession thereon. [Villasi
be released from the mistaken levy and v. Garcia, G.R. No. 190106 (2014)]
restored to rightful owner or possessor
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C. Reinvindicatory action (2) A creditor having a lien by virtue of an


The aforesaid remedies are nevertheless without attachment, judgment or mortgage on the
prejudice to any proper action that third-party property sold, subsequent to the lien under
claimant may file to vindicate his claim over the which the property was sold.
property. This action is separate and • Redeeming creditors are called
independent. redemptioner.

Procedure Unlike a judgment obligor, such redemptioner


(1) He must institute an action, distinct and must prove his right to redeem by producing the
separate from that which the judgment is ff. documents:
being enforced, with the court of competent (1) The documents necessary to establish his
jurisdiction right to redeem:
(2) No need to file a claim in the court which (a) A copy of the judgment or final order under
issued a writ. The latter is not a condition sine which he claims the right to redeem,
qua non for the former. certified by the clerk of the court wherein
(3) In such proper action, validity and sufficiency judgment or final order was entered;
of title of claimant will be resolved. (b) If he redeems upon a mortgage or other
(4) A writ of preliminary injunction against sheriff lien, a memorandum of the record thereof,
may be issued certified by the Register of Deeds; or
(c) An original or certified copy of any
S.5.1. In Relation To Third Party Claim In assignment necessary to establish his
Attachment And Replevin claim; and
(2) An affidavit executed by him or his agent
(1) If the claim is filed under Sec. 16, Rule 39, it showing the amount then actually due on the
must be filed in a separate action instituted for lien [Sec. 30]
the purpose. Intervention is no longer allowed
since judgment has already been rendered. If the lien of the creditor is prior to the judgment
(2) If it is filed under Sec. 14, Rule 57 (Attachment) under which the property was sold:
or under Sec. 7, Rule 60 (Replevin), the claim (1) He is not a redemptioner;
may be litigated in the same action involved or (2) He cannot redeem since his interests in his lien
in a separate suit. Intervention is allowed. are fully protected. Any purchaser at a public
auction takes the same subject to such prior
The reason for the difference is that the judgment lien which he has to satisfy
in the case subject of Sec. 16, Rule 39 is already
final and executory, while Rules 57 and 60 When Redemption Can be Made [Sec. 28, Rule
involve actions still pending in the trial court. 39]
[Regalado] Who When
S.6. RULES ON REDEMPTION Within 1 year from
By the JUDGMENT
date of registration of
DEBTOR
When Available certificate of sale
(1) For personal property – there is NO right of Within 1 year from
redemption as the sale is absolute By FIRST
date of registration of
(2) For real property – right of redemption is REDEMPTIONER
certificate of sale
available
Within 60 days from
Who May Redeem [Sec. 27, Rule 39] last redemption
(1) Judgment obligor, or his successor in interest; BY ALL SUBSEQUENT PROVIDED that
• Successors-in-interest include, among REDEMPTIONERS judgment debtor has
others, one to whom the debtor has not exercised his right
conveyed his interest in the property for of redemption
purposes of redemption

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In all cases, judgment debtor shall have the (1) Acknowledged by a notary public or other
entire 1 year period from date of registration of officer authorized to take acknowledgements
sale to redeem the property. If judgment debtor of conveyances of real property
redeems, no further redemption is allowed [Sec. (2) Filed and recorded in the registry of deeds of
29]. the place which the property is situated
(3) Registrar must note the record on the margin
NOTE: There is no extension or interruption of of the record of the certificate of sale
redemption period.
Rights Pending Redemption [Secs. 31-32, Rule
Redemption Price 39]
(1) By the Judgment Debtor or First
Redemptioner: Right of Judgment Creditor Pending Redemption
(a) Purchase PRICE (1) Apply for injunction to restrain the
(b) 1% INTEREST thereon up to time of commission of waste on the property
redemption
(c) Any amount of ASSESSMENTS OR TAXES Rights of the Judgment Debtor Pending
which purchaser may have paid after Redemption
purchase as well as interest on such last (1) Remain in possession of the property
named amount at the same rate (2) Cannot be ejected
(d) If purchaser is also a creditor having a (3) Use the property in the same manner it was
PRIOR LIEN to that of redemptioner, other previously used
than the judgment under which such (4) Make necessary repairs to buildings thereon
purchase was made, the AMOUNT of such while he occupies the property
OTHER LIEN, also with interest (5) Use it in the ordinary course of husbandry
(2) By all Subsequent Redemptioners [Sec. 31]; and
(a) AMOUNT paid on last redemption (6) Collect rents, earning and income derived
(b) 2% INTEREST thereon from property until the expiration of period of
(c) Any amount of ASSESSMENTS OR TAXES redemption
which purchaser may have paid after
purchase as well as interest on such last Expiration Of Redemption Period [Sec. 33, Rule
named amount at the same rate 39]
(d) Amount of any LIENS held by said last Judgment obligor shall have the entire period of
redemptioner prior to his own, also with one year from date of registration of sale to
interest redeem the property.

If redemption is made by the Judgment Obligor Entitlement To Conveyance And Possession


(1) No further redemption is allowed (1) Of Purchaser at Auction Sale
(2) He is restored to his estate [Sec. 29, Rule 39] • If there is no redemption made within 1 year
from date of registration of the certificate
When a judgment debtor redeems the property, of sale
what is effected is the elimination of the lien (2) Of Last Redemptioner
created by the levy on attachment or judgment on • If there was redemption, and 60 days have
the registration of mortgage thereon. Note that elapsed and no other redemption has been
he never lost ownership so there is no recovery of made
ownership. • Notice must have been given, and the
redemption period has elapsed
Payment of redemption price may be made to the:
(1) Purchaser or redemptioner, or Two Documents which the Sheriff Executes in case
(2) For him to the officer who made the sale of Real Property
(1) CERTIFICATE OF SALE
The person to whom redemption payment is • After auction sale, he will execute in favor
made must execute and deliver to him a of the purchaser the certificate of sale
CERTIFICATE OF REDEMPTION under Sec. 25

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• From registration of said certificate, the At any time after return is made, when it shows
one year redemption period starts that judgment remains unsatisfied in whole or in
• Certificate of sale after execution sale is part
merely a memorial of the fact of sale and
does not operate as conveyance Procedure
(2) DEED OF CONVEYANCE Judgment obligee entitled to an order from the
• Issued if after expiration of redemption court which rendered the judgment for the
period there is no redemption judgment obligor to appear and be examined
• Operates to transfer to purchaser whatever concerning his property and income before the
rights the judgment debtor had in the court or a commissioner assigned by the court.
property
Attendance may be compelled by order or
• The effect of a final deed of sale transfers
subpoena. Failure to obey such order or
the right as of the time of the levy
subpoena, to answer as a witness, or to subscribe
his deposition may be punished for contempt.
Recovery Of Purchase Price If Sale Not Effective
[Sec. 38, Rule 39]
[Sec. 34, Rule 39]
Purchaser may recover the purchase price when:
Limitations
(1) Purchaser or his successor-in-interest fails to
(1) No judgment obligor shall be required to
recover possession the property; or
appear before a court or commissioner
(2) Evicted due to:
outside the province or city in which such
(a) Irregularities in the proceedings obligor resides or is found. [Sec. 36, Rule 39]
concerning the sale;
(2) A judgment obligor may no longer be
(b) Judgment has been reversed or set aside; examined after the lapse of the five years
(c) The property sold was exempt form within which a judgment may be enforced by
execution; or motion. [Umali v. Coquia, G.R. No. L-46303
(d) A third person has vindicated his claim to (1988)]
the property
Order for payment in Fixed Monthly Installments
Remedies Of The Purchaser [Sec. 40, Rule 39]
(1) File a motion in the same action or file a Upon finding that the earning of the judgment
separate action to recover from judgment debtor for his personal services are more than
creditor the price paid necessary for the support of his family, the court
(2) File a motion for revival of judgment in his may order payment in fixed monthly
name against judgment debtor; or installments.
(3) Bring an action to recover possession of
property The court may also, upon failure of the judgment
obligor without good excuse to pay any
NOTE: A purchaser’s right of possession is installment when due, punish him for indirect
recognized only as against the judgment debtor contempt.
and his successor-in-interest. It is not so against
persons whose right of possession is adverse. S.8. EXAMINATION OF OBLIGOR OF
When a third party is in possession of the JUDGMENT OBLIGOR
property purchased, the possession is presumed
to be based on just title , “a presumption which
may be overcome by the purchaser in a judicial When Available
proceeding for recovery of the property. (1) At any time after return is made, when it
[Villanueva v. Cherdan Lending Investors Corp., shows that judgment remains unsatisfied in
G.R. No. 177881 (2010)] whole or in part; and
(2) Upon proof to the satisfaction of the court
S.7. EXAMINATION OF JUDGMENT OBLIGOR which issued the writ, that a natural person or
WHEN JUDGMENT IS UNSATISFIED juridical entity has property of the judgment
obligor or is indebted to him
When Available Procedure
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Court may, by an order, require such natural necessary to satisfy the judgment. Sheriff’s
person, or any officer or member of such juridical receipt shall be sufficient discharge for the
entity, to appear and be examined before the amount so paid. [Sec. 39, Rule 39]
court or a commissioner concerning such
property or debt. Appointment of Receiver
The court may appoint a receiver for the property
Attendance may be compelled by order or of judgment debtor not exempt from execution,
subpoena. Failure to obey such order or and may also forbid disposition or interference
subpoena, to answer as a witness, or to subscribe with the property. [Sec. 41, Rule 39]
his deposition may be punished for contempt.
[Sec. 38, Rule 39] If court finds that the judgment obligor has an
interest in real estate in the place where
Effect proceedings are had, and such interest may be
Service of order shall bind all credits due to ascertained without controversy, the receiver may
judgment debtor and all money and property in be ordered to sell and convey such interest in the
the possession or control of such person, from the same manner as in a sale of real estate upon
time of service. execution. [Sec. 42, Rule 39]

Note: This is not applicable if there is no issue S.9. EFFECT OF JUDGMENT OR FINAL
concerning the indebtedness of the bank and ORDERS
there is no denial by the depositor of the
existence of the deposit with the bank which is
Immutability Of Judgments
considered a credit in favor of the depositor
A judgment that has acquired finality becomes
against the bank [PCIB v. CA, G.R. No. 84526
immutable and unalterable, and may no longer
(1991)]
be modified in any respect, even if the
modification is meant to correct erroneous
When Alleged Obligor Denies Debt or Claims
conclusions of fact and law, and whether it be
Property
made by the court that rendered it or by the
When such person claims an interest in the
Highest Court of the land. [PNB v. Spouses
property adverse to the judgment obligor or
Maranon, G.R. No. 189316 (2013)]
denies the debt, the court may issue an order
(1) authorizing the judgment creditor to institute
Rationale:
an action against such person for the recovery
(1) to avoid delay in the administration of justice,
of such interest or debt, and
and procedurally to make orderly the
(2) forbidding transfer or disposition of such
discharge of judicial business
interest or debt for 120 days.
(2) to put an end to judicial controversies at the
risk of occasional errors
Where the writ of execution is unsatisfied, the
remedy to enforce it is Secs. 38-39, and not a
Dual Aspect Of Res Judicata
complaint for damages [Phil. Transmarine
Carriers v. CA, G.R. No. 122346 (2000)] (1) Bar by Former Judgment – the judgment or
final order is a bar to the prosecution of ta
Other Remedies subsequent action based on the same claim or
Order for Application of Property or Income cause of action
Court may order any property of judgment o Described by Sec. 47, pars. (a) and (b), Rule
debtor, or any money due him, nor exempt from 39
execution, in the hands of either himself or o Also known as “Estoppel by Verdict”
another person, to be applied to the satisfaction (2) Conclusiveness of Judgment – the judgment or
of judgment. [Sec. 40, Rule 39] final order precludes the relitigation of
particular issues or facts on a different
After a writ of execution against property has demand or cause of action
been issued, a person indebted to judgment o Described by Sec. 47, par. (c), Rule 39
obligor may pay to the sheriff holding the writ the o Also known as the Rule of Auter Action
amount of his debt, or so much thereof as may be Pendant

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Bar By Former Conclusiveness Of (a) IDENTITY OF PARTIES


Judgment Judgment (b) IDENTITY OF SUBJECT MATTER
(c) IDENTITY OF CAUSE OF ACTION
There is only identity of
Requires identity of
parties and subject GENERAL RULE: For res judicata to apply, trial
parties, subject
matter must be made on the merits of the case.
matter, and causes of
Cause of action are
action
different EXCEPTION: Sec. 3, Rule 17 of ROC: If plaintiff
fails to appear at the time of the trial, or to
Absolute Bar to: prosecute his action for an unreasonable length
Conclusive as to
(a) all matters directly of time, or to comply with these rules or any order
matters directly
adjudged; and of the court, the action may be dismissed upon
adjudged and actually
(b) those that might motion of the defendant or upon the court's own
litigated
have been adjudged motion. This dismissal shall have the effect of an
Claim Preclusion Issue Preclusion adjudication upon the merits, unless otherwise
provided by court [Development Bank v. CA, G.R.
No. 110203 (2001)].
The dismissal by the Supreme Court of a petition
for review on certiorari through a minute Res Judicata in Judgments in Rem
resolution is an adjudication on the merits and
constitutes a bar to relitigation under res judicata Judgments or final
Conclusive as to
[Sy v. Tuvera, G.R. No. 76639 (1987)]. order

The rule of res judicata applies to final decisions Against a specific thing Title of the thing
of quasi-judicial agencies and to judgments
rendered in probate proceedings [Regalado]. The will or
administration.
In a land registration proceeding filed by the However, the probate
plaintiff after he had been declared the owner of Probate of a will or of a will or granting of
the land involved in a civil case, the opposition administration of the letters of
thereto filed by the defendant who lost in said estate of a deceased administration shall
civil case is barred in the land registration person only be prima facie
proceeding under the doctrine of res judicata. All evidence of the death
the elements are present and it is of no moment of the testator or
that the court in the civil case was in the exercise intestate;
of general jurisdiction and in the land registration in respect to the
case, in the exercise of special or limited personal, political, or
jurisdiction [Valiso v. Plan, G.R. No. 55152 (1986)]. Condition, status or
legal condition or
relationship of the
status of a particular
Bar By Former Judgment person,
person or his
The judgment or decree of a court of competent relationship to another
jurisdiction on the merits concludes the parties
and their privies to the litigation and constitutes
a bar to a new action or suit involving the same
cause of action either before the same or any Res Judicata in Judgments in Personam
other tribunal. [Machoca v. Cariaga, G.R. No. In other cases, the judgment or final order is, with
75109-10 (1989)] respect to the matter directly adjudged or as to
any other matter that could have been missed in
Requisites: relation thereto, conclusive:
(1) A FINAL judgment or order (1) Between the parties and
(2) JURISDICTION over the subject matter and (2) Their successors in interest, by title
the parties by the court rendering it subsequent to the commencement of the
(3) Judgment UPON MERITS action or special proceeding, litigating for the
(4) Between the TWO CASES, there is: same thing and under the same title and in the
same capacity.
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same cases as a same legal issue is


Conclusiveness Of Judgment parties precedent raised
Any right, fact or matter in issue directly
adjudicated or necessarily involved in the The ruling
determination of an action before a competent adhered to in
court in which a judgment or decree is rendered the particular
on the merits is conclusively settled by the case need not
judgment therein and cannot again be litigated be followed
between the parties and their privies whether or as a
not the claim or demand, purpose or subject precedent in
matter of the two suits is the same. [Machoca v. subsequent
Cariaga, G.R. No. 75109-10 (1989)] litigation
between
Requisites: other parties
(1) A FINAL judgment or order
(2) JURISDICTION over the subject matter and
the parties by the court rendering it
(3) Judgment UPON MERITS S.10. ENFORCEMENT AND EFFECT OF
(4) Between the TWO CASES, there is: FOREIGN JUDGMENT OR FINAL ORDERS
(a) IDENTITY OF PARTIES
(b) IDENTITY OF ISSUES Public Policy Principle
A judgment by a foreign court is enforceable only
Res Judicata, Law Of The Case And Stare Decisis within its territorial jurisdiction.

Stare Decisis - When the SC has laid down a A valid judgment rendered by a foreign tribunal
principle of law applicable to a certain state of may be recognized insofar as the immediate
facts, it will adhere to that principle and apply to parties the underlying cause of action are
it all future cases where the facts are concerned so long as it is convincingly shown
substantially the same that:
(1) There has been an opportunity for a fair
Law of the Case - Whatever is once irrevocably hearing before a court of competent
established as the controlling legal rule or jurisdiction
decision between the same parties in the case (2) Trial upon registered proceedings has been
continues to be the law of the case whether conducted
correct on general principles or not, so long as the (3) There is nothing to indicate either a prejudice
facts on which such decision was predicated in court and in the system of laws under which
continue to be the facts of the case before the it is sitting or fraud in procuring the judgment
court. [Philippine Aluminum v. Fasgi Enterprises, G.R.
No. 137378 (2000)]
[Ayala Corp. v. Rosa-Diana Realty, G.R. 134284
(2000)] Such limitation on the review of foreign judgment
Res Law of the is adopted in all legal systems to avoid repetitive
Stare Decisis litigation on claims and issues, prevent
Judicata Case
harassment of the parties and avoid undue
Once a point of law imposition on the courts.
The Operates only
has been
ruling in in the This policy of preclusion rests on principles of
established by the
one case particular comity, utility and convenience of nations.
court, that point of
is carried and single
law will, generally,
over to case where As a generally accepted principle of international
be followed by the
another the ruling law, it is part of the law of the Philippines by
same court and by
case arises and is virtue of the Incorporation Clause [Sec. 2, Art. II,
all courts of lower
between not carried 1987 Constitution] [Regalado]
rank in subsequent
the into other
cases where the
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Two Ways of Giving Effect to Foreign Judgment:


(1) Filing an ordinary action to enforce the foreign T. PROVISIONAL REMEDIES
judgment; or
(2) Pleading it in an Answer or a Motion to
T.1. PRELIMINARY ATTACHMENT
Dismiss.
The provisional remedy in virtue of which a
The civil action for enforcement of a foreign plaintiff or other party may, at the
judgment is one incapable of pecuniary commencement of the action or at any time
estimation. Although the foreign judgment may thereafter, have the property of the adverse party
result in recovery of money or property, the cause taken into the custody of the court as security for
of action and subject matter of the civil action is the satisfaction of any judgment that may be
the foreign judgment itself (and not, as in an recovered. [Davao Light v CA, G.R. No. 93262
ordinary action for monetary relief, the violation (1991)]
of a right through an act or omission). The matter
left for proof is the foreign judgment itself, not Purposes
the facts from which it prescinds [Regalado]. (1) To seize the property of the debtor in advance
of final judgment and to hold it for purposes
Effect of Foreign Judgments [Sec. 48, Rule 39] of satisfying the said judgment.
NATURE EFFECT (2) To enable the court to acquire jurisdiction
over the action by the actual or constructive
In judgments against Judgment is seizure of the property in those instances
a specific thing (in CONCLUSIVE upon the where personal service of summons on the
rem) title to the thing creditor cannot be effected. [PCIB v.
Alejandro, G.R. No. 175587 (2007)]
Judgment is
PRESUMPTIVE Kinds of Attachment
In judgments against evidence of a right as (1) Preliminary attachment - one issued at the
a person (in between parties and commencement of the action or at any time
personam) their successors-in- before entry of the judgment as security for
interest by a the satisfaction of any judgment that may be
subsequent title recovered in the cases provided for by the
rules;
(2) Garnishment - a kind of attachment in which
In both cases, judgment may be repelled by the plaintiff seeks to subject either the
evidence of: property of the defendant in the hands of a
(1) Want of jurisdiction third person called garnishee, to his claim or
(2) Want of notice the money which said third person owes the
(3) Collusion defendant;
(4) Fraud (3) Levy on execution - writ issued by the court
(5) Clear mistake of law or fact after judgment by which the property of the
judgment obligor is taken into custody of the
A foreign judgment is presumed to be valid and court before the sale of the property on
binding in the country from which it comes, until execution before the satisfaction of a final
a contrary showing, on the basis of a presumption judgment.
of regularity of proceedings and the giving of due
notice in the foreign forum. T.1.1. Grounds For Issuance [Sec. 1, Rule 57]
There are only specific situations where
Before our courts can give the effect of res preliminary attachment may issue. The grounds
judicata to a foreign judgment, it must be shown are EXCLUSIVE:
that the parties opposed to the judgment had (1) Action for recovery of a specified amount of
been given ample opportunity to do so on money or damages, except moral and
grounds under Section 48 of Rule 39 of the Rules exemplary,
of Court. [Roehr v. Rodriguez, G.R. No. 142480
(2003)]
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(a) On a cause of action arising from law, (3) Applicant must file an affidavit showing the
contract, quasi-contract, delict, or quasi- required facts
delict (4) Applicant must post a bond executed to
(b) Against a party who is: adverse party
(i) about to depart from the Philippines
(ii) with intent to defraud his creditors; A debt is fraudulently contracted if at the time of
(2) Action for money or property, embezzled or contracting it the debtor has a preconceived plan
fraudulently misapplied or converted to his or intention not to pay. Fraudulent intent cannot
own use by either: be inferred from the debtor’s inability to pay [PCL
(a) A public officer; Industries Manufacturing v. CA, G.R. No. 147970
(b) An officer of a corporation; (2006)].
(c) An attorney, factor, broker, agent, or clerk,
in the course of his employment as such; or T.1.3. Issuance and Contents of Order of
(d) Any other person in a fiduciary capacity, or Attachment; Affidavit and Bond
for a willful violation of duty;
(3) Action to recover the possession of property When Applied For
unjustly or fraudulently taken, detained or A preliminary attachment may be applied for
converted, (1) At the commencement of the action; or
(a) When the property, or any part thereof, has (2) At any time before the entry of judgment.
been concealed, removed, or disposed of to
prevent its being found or taken by the Who may apply
applicant or an authorized person; It may be applied for by the plaintiff or any proper
NOTE: The rule makes no distinction between party (including a defendant who filed a
real and personal property [Riano] counterclaim, cross-claim, or a third party
(4) Action against a party who has been guilty of complaint).
a fraud in contracting the debt or incurring the
obligation upon which the action is brought, Methods to Procure Preliminary Attachment
OR in the performance thereof; (1) Writ may be prayed for in the complaint itself
NOTE: The delivery of counterfeit money or providing the allegations warranting its
knowingly issuing a bounced check are issuance
considered as grounds under this rule [Riano] (2) May be issued pursuant to a separate motion
(5) Action against a party who: for attachment whenever the writ is not
(a) has removed or disposed of his property, or prayed for in the original complaint
is about to do so,
(b) with intent to defraud his creditors Three Stages in the Grant
(6) Action against a party who: (1) Court issues the order granting the
(a) Does not reside and is not found in the application
Philippines; or (2) Writ of attachment issues pursuant to the
(b) On whom summons may be served by order granting the writ
publication. (3) The writ is implemented
NOTE: The persons on whom summons may
be served by publication are: NOTE: For the initial two stages, it is not
(a) Residents defendants whose identity or necessary that jurisdiction over person of
whose whereabouts are unknown [Sec. 14, defendant be first obtained. However, once
Rule 14] implementation of writ commences, court must
(b) Resident defendants who are temporarily have acquired jurisdiction over the defendant for
out of the country [Sec. 16, Rule 14] without such jurisdiction, the court has no power
or authority to act [Cuartero v. CA, G.R. No.
T.1.2 Requisites for Issuance 102448 (1992)]
(1) The case must be any of those where
preliminary attachment is proper [Sec. 1, Rule Issuance of the Order
57] (1) The order may be issued either:
(2) Applicant must file a motion, whether ex parte (a) Ex parte (service of summons to defendant
or with notice and hearing required)
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(b) Or upon motion with notice and hearing the sum for which the order is granted above
(2) The order is issued by the court in which the all legal counterclaims
action is pending or the CA, or the SC
Applicant’s Bond
Contents of the Order The party applying for the order must give a bond
(1) It must require the sheriff to attach so much of executed to the adverse party
the property of the party against whom it is (1) Amount is fixed by the court in its order
issued as may be sufficient to satisfy granting the issuance of the writ
applicant’s demand (2) Conditioned that, if the court shall finally
(a) Property must be within the Philippines adjudge that applicant was not entitled to the
(b) And must not be exempt from execution writ, the bond will pay:
(2) It shall contain an amount for the attachment (a) All costs which may be adjudged to
bond: adverse party and
(a) The amount sufficient to satisfy the (b) All damages which he may sustain by
applicant’s demand, or reason of attachment
(b) The value of the property to be attached as
stated by applicant The bond shall only be applied to all damages
sustained due to the attachment. It cannot
Affidavit and bond answer for those that do not arise by reason of the
For the writ to issue, the applicant must submit attachment [Riano].
an affidavit and post bond. The affidavit and
bond required must be duly filed with the clerk T.1.4 Rule on Prior or Contemporaneous Service of
before order issues. Summons

Construction of rules for issuance of writ: GENERAL RULE: A writ of attachment may be
These are strictly construed against the issued ex parte even before the summons is
applicant, such that if the requisites for its grant served upon the defendant but a writ may not be
are not shown to be all present, the court shall implemented until jurisdiction over the person is
refrain from issuing it, otherwise, the court which acquired by service of summons. Otherwise, the
issues it acts in excess of its jurisdiction. [Wee v. implementation is null and void. [Riano]
Tankiansee, G.R. No. 171124 (2008)]
Exceptions to Contemporaneous Service of
A general averment in the affidavit is insufficient Summons: [Sec. 5, Rule 57]
to support the issuance of the writ. In averring (1) Summons could not be served personally or
fraud under Sec. 1, Rule 57, the affidavit must by substituted service despite diligent efforts,
contain: or
(1) such particulars as to how the fraud was (2) Defendant is a resident of the Philippines
committed temporarily absent therefrom, or
(2) statements of factual circumstances to show (3) Defendant is a non-resident, or
that respondent, at the time of contracting the (4) The action is in rem or quasi in rem.
obligation, had a preconceived plan or
intention not to pay. [Wee v. Tankiansee, G.R. T.1.5. Manner of Attaching Real and Personal
No. 171124 (2008)] Property; When Property Attached is Claimed by
Third Persons [Sec. 5, Rule 57]
Contents of the Affidavit
The affidavit must establish that: The sheriff enforcing the writ shall attach only so
(1) A sufficient cause of action exists; much of the property in the Philippines of the
(2) The case is one of those mentioned in Sec. 1 adverse party not exempt from execution as may
(Grounds for Issuance); be sufficient to satisfy the applicant’s demand,
(3) There is no other sufficient security for the unless
claim sought to be enforced by action; and (1) Party against whom writ is issued makes a
(4) The amount due to applicant or possession of deposit with the court from which the writ is
which he is entitled to recover is as much as issued, or

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(2) He gives a counter-bond executed to the (ii) Other personal representative of the
applicant decedent
(c) Copy of the writ and notice:
Attachment of specific kinds of property [Sec. 7, (i) Shall be filed with the clerk in which
Rule 57] said estate is being settled, and
(1) Real property, or growing crops thereon, or (ii) Served upon the heir, legatee, or
any interest therein devisee concerned
(a) File with the Registry of Deeds:
(i) A copy of the order together with a Attachment of property in custodia legis
description of the property; and These may be attached by:
(ii) A notice that the property is attached (1) Filing a copy of the writ of attachment with the
(b) The registrar of deeds must index proper court or quasi-judicial agency
attachments in the names of the applicant, (2) Serving a notice of attachment upon the
adverse party, or person by whom the custodian of the property [Sec. 7, Rule 57]
property is held or in whose name it stands
in the records A previously attached property may also be
(c) If attachment is not claimed on the entire subsequently attached. But the first attachment
area of land, description sufficiently shall have priority over subsequent attachments.
accurate for identification of such shall be [Riano]
included in the registration
(2) Personal property capable of manual delivery Remedies against third-person claimants
(a) Sheriff Issues a corresponding receipt A third person who has a claim to the property
therefor attached may avail of the following remedies:
(b) Sheriff takes it and safely keeps it in his (1) File terceria or third-party claim [Sec. 14, Rule
custody 57]
(3) Stocks or Shares, or an Interest therein, of any o A third-party claim may be filed with the
corporation or company sheriff while he has possession of the
(a) Leave a copy of the writ and a notice stating properties levied upon, this being the only
that these properties are attached in time fixed for the purpose
pursuance of such writ o The claimant makes an affidavit of his title
(b) Leave these documents with the president, or right to possession, stating the grounds
or managing agent thereof of such right or title. The affidavit must be
(4) Debts, credits, bank deposits, financial served upon the sheriff
interest, royalties, commissions and other o Substantially identical procedure as in
personal property not capable of manual terceria in Sec. 16, Rule 39
delivery (2) File independent action to recover property; or
(a) Leave a copy of the writ and a notice that (3) File motion for intervention (available only
the debts owing, credits, and other before judgment is rendered)
personal property are attached in
pursuance of such writ T.1.6. Discharge of Attachment and Counter-Bond
(b) Leave these documents with: Discharge of Attachment and Counter-bond
(i) The person owing such debts, or After a writ of attachment has been enforced, the
(ii) Having in his possession or under his party whose property has been attached, or the
control, such credits or other person appearing on his behalf, may move for the
personal property, or discharge of the attachment wholly or in part on
(iii) With his agent the security given.
(5) The interest of the party against whom
attachment is issued in property belonging Ways of Discharging Attachment
to the estate of decedent, whether as heir, (1) Counterbond [Sec. 12]
legatee, or devisee (2) Motion for Discharge [Sec. 13]
(a) By service of a copy of the writ, and notice
that said interest is attached Grounds for Discharge
(b) Service is made to: (1) Debtor has posted a counterbond or has made
(i) The executor, or administrator, or the requisite cash deposit [Sec. 12]
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(2) Attachment was improperly or irregularly Laras Gift and Décor, Inc. G.R. No. 171741 (2009)].
issued [Sec. 13] But where there are irregularities in the issuance
(a) As where there was no ground for and service of the writ, the attachment may still
attachment, or be quashed on the ground of such irregularities
(b) The affidavit and/or bond filed are [Torres v. Satsatin, G.R. No. 166759 (2009)].
defective or insufficient [Sec. 3]
(3) Judgment is rendered against attaching T.1.7. Satisfaction of Judgment Out of Property
creditor [Sec. 19] Attached [Sec. 15, Rule 57]
(4) Attachment is excessive, but the discharge
shall be limited to the excess [Sec. 13] Procedure
(5) Property attached is exempt from execution (1) Pay to judgment obligee the proceeds of sale
of perishable property
NOTE: There is a difference between the bond for (2) If there is any balance that remains due, sell
issuance of writ and bond for lifting the writ property as may be necessary to satisfy the
(1) Bond for issuance of writ [Sec. 4] – This is for balance if enough remains in the sheriff or
damages by reason of the issuance of the writ those of the clerk
(2) Bond for lifting of writ [Sec. 5 and 12] – This is (3) Collection of property of garnishee and
to secure the payment of the judgment to be proceeds paid to judgment oblige without
recovered need of prior permission to file action but may
be enforced in the same action
Only the defendant or party whose property is (4) Return must be made within 10 days from
attached may move for its lifting. If the receipt of writ
attachment is proper, the discharge should be by
counterbond under Sec. 12 [KO Glass v. T.2 PRELIMINARY INJUNCTION
Valenzuela, G.R. No. L-48756 (1982)]
T.2.1. Definitions and Differences; Preliminary
Effect of Dissolution on Plaintiff’s Attachment Injunction and Temporary Restraining Order
Bond Injunction is a judicial writ, process, or proceeding
(1) Dissolution of preliminary attachment upon whereby a party is ordered to do or refrain from
security given, or a showing if its irregular doing a particular act
issuance, does not operate to discharge the
sureties on the attachment bond Preliminary Injunction
(2) That bond is executed to adverse party An ancillary or preventive remedy where a court
conditioned that the applicant will pay all the requires a person, a party or even a court or
costs which may be adjudged to adverse tribunal either to refrain from (prohibitory), or to
party and all damages which he may sustain perform (mandatory), particular acts during the
by reason of the attachment, if the court shall pendency of an action. It is only a temporary
finally adjudge that applicant was not remedy.
entitled thereto [Sec. 4]
(3) Until that determination is made, as to
Injunction as
applicant’s entitlement to attachment, his Preliminary Injunction
Main Action
bond must stand and cannot be withdrawn
Ancillary; exists only as part
After procuring the dissolution of the attachment Independent or incident of an
by filing a counterbond, the attachment debtor is Action independent action or
not precluded from moving for the discharge of proceeding
the attachment on the ground of improper
issuance [Mindanao Savings & Loan Assoc. v. CA, Seeks a
Seeks to preserve the status
G.R. No. 84481 (1989)]. judgment
quo until the merits can be
embodying a
heard
Filing a counterbond is the only remedy to final injunction
dissolve an attachment issued on the same
ground as the main cause of action [Metro, Inc. v.
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Assailed by Assailed by petition for T.2.2. Requisites


timely appeal certiorari (1) There must be a verified application
(2) The applicant must establish:
(a) The existence of a clear and unmistakable
right that must be protected; that is, right
Purpose: To prevent future injury and maintain
in esse;
the status quo (i.e. the last actual, peaceable,
(b) A material and substantial invasion of such
uncontested status which preceded the pending
controversy) for [Knecht v. CA, G.R. No. 56122 right; and
(1993)]. (c) An urgent and paramount necessity for the
writ to prevent serious damage
The injunction should not establish new relations (3) The applicant must post a bond, unless
between the parties but merely re-establish the otherwise exempted by the court
pre-existing relationship between them. (4) As to a writ of preliminary injunction, there
must be notice and hearing
May a preliminary injunction issue against acts
already consummated? Right In Esse
The applicant's right must be clear or
GENERAL RULE: Injunction could not lie when unmistakable, that is, that the right is actual,
the acts sought to be enjoined have already clear and positive especially calling for judicial
become a fait accompli or an accomplished or protection. An injunction will not issue to protect
consummated act. [Aznar Bros. v. CA, G.R. No. a right not in esse and which may never arise or to
128102 (2000)] restrain an act which does not give rise to a cause
of action. [Marquez v. Sanchez, G.R. No. 141849
EXCEPTION: If the acts complained of are (2007)]
continuing in nature and were derogation of
plaintiff’s rights at the outset. Irreparable Injury
Does not have reference to the amount of
Temporary Restraining Order (TRO) damages that may be caused but rather to the
A TRO is issued in order to preserve the status difficulty of measuring the damages inflicted.
quo until the hearing of the application for This includes:
preliminary injunction. [Bacolod City Water v. (1) that degree of wrong of a repeated and
Labayen, G.R. No. 157494 (2004)] continuing kind which produce hurt,
inconvenience, or damage that can be
An application for a TRO shall be acted upon only estimated only by conjecture, and not by any
after all parties are heard in a summary hearing, accurate standard of measurement.
which shall be conducted within 24 hours after (2) damage where there is no standard by which
the sheriff's return of service and/or the records their amount can be measured with
are received by the branch selected by raffle. reasonable accuracy
[Sec. 4, Rule 58] (3) a serious charge of, or is destructive to, the
property it affects, either physically or in the
Status Quo Order character in which it has been held and
A status quo order is in the nature of a cease and enjoined, or when the property has some
desist order. It is resorted to when the projected peculiar quality or use, so that its pecuniary
proceedings in the case made the conservation of value will not fairly recompense the owner of
the status quo desirable or essential, but the the loss thereof
affected party neither sought such relief nor did If full compensation can be obtained, by way of
the allegations in his pleading sufficiently make damages, equity will not apply the remedy of
out a case for a temporary restraining order. injunction. [Social Security Commission v. Bayona,
G.R. No. L-13555 (1962)]
It does NOT direct the doing or undoing of acts
but is an order to maintain the last, actual, T.2.3. Kinds of Injunction
peaceable and uncontested state of things which (1) Preliminary Preventive Injunction – Prohibits
preceded the controversy. the performance of a particular act or acts

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(2) Preliminary Mandatory Injunction – Requires (4) To restrain registered owners of the property
the performance of a particular act or acts. from selling, disposing and encumbering their
This is an extreme remedy which will be property just because the respondents had
granted only on showing that: executed Deeds of Assignment in favor of
(a) The invasion of the right is material and petitioner. [Tayag v. Lacson (2004)]
substantial (5) Against consummated acts. [PNB v. Adi
(b) Right of complainant is clear and (1982); Rivera v. Florendo (1986); Ramos, Sr. v.
unmistakable CA (1989)]
(c) There is an urgent and paramount
necessity When mandatory injunction does not lie;
examples
[Preliminary mandatory injunction] may also (1) To compel cohabitation [Arroyo v. Vasquez
issue in cases where the relative inconvenience (1921)]
bears strongly in the requesting party’s favor, and (2) Cancellation of attachment [Levy Hermanos v.
where the effect of the mandatory injunction is to Lacson (1940)]
re-establish and maintain a pre-existing (3) Release imported goods pending hearing
continuing relation between the parties, which before the Commissioner of Customs.
was recently and arbitrarily interrupted by [Commissioner of Customs v. Cloribel (1967)]
another party, rather than to establish a new (4) To take property out of the possession or
relationship between and among the parties [WT control of one party and place it into that of
Construction, Inc. v. DPWH, G.R. No. 163352 another whose title has not clearly been
(2007)]. established [Pio v. Marcos (1974)]

Preliminary Preliminary Mandatory T.2.4. When Writ May Be Issued


Prohibitory Injunction Injunction When: It may be issued at any stage prior to the
judgment or final order
Purpose is to prevent
Purpose is to require a
a person from the By Whom: It may be granted by the court where
person to perform a
performance of a the action or proceeding is pending. If the action
particular act
particular act or proceeding is pending in the Court of Appeals
or in the Supreme Court, it may be issued by said
The act has already
court or any member thereof. [Sec. 2, Rule 58]
The act had not yet been performed and
been performed this act has violated the
Being preliminary, an order granting a
rights of another
preliminary injunction need not clearly and
Status Quo is distinctly state the findings of fact and
Status Quo is restored conclusions of law on which it is based [UCPB v.
preserved
United Alloy Phils. Corp., G.R. No. 152238 (2005)].

T.2.5. Grounds for Issuance of Preliminary


When preventive injunction does not lie; Injunction [Sec. 3, Rule 58]
examples: Preliminary injunction may be granted when it is
(1) To restrain collection of taxes [Valley Trading established:
v. CA (1989)], except where there are special (1) That applicant is entitled to the relief
circumstances that bear the existence of demanded, which consists in whole or in part
irreparable injury. [Churchill & Tait v. Rafferty in restraining commission or continuance of
(1915)] an act, or in requiring the performance of an
(2) To restrain the sale of conjugal properties act, either for a limited time or perpetually;
where the claim can be annotated on the title (2) That commission, continuance, or non-
as a lien, such as the husband’s obligation to performance of the act complained of during
give support. [Saavedra v. Estrada (1931)] the litigation would probably work injustice to
(3) To restrain a mayor proclaimed as duly applicant; or
elected from assuming his office. [Cereno v. (3) That a party, court, agency or a person is
Dictado (1988)] doing, threatening, or is attempting to do, or
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is procuring or suffering to be done, some act o If yes, go to Procedure for Issuance of TRO
or acts probably in violation of the rights of the (3) In both cases, Notice shall then be served to
applicant respecting the subject of the action the party sought to be enjoined. There must be
or proceeding, and tending to render the prior and contemporaneous service of
judgment ineffectual summons (exceptions also apply)

T.2.6.Grounds for Objection To, or for the Procedure for Issuance of TRO
Dissolution of Injunction or Restraining Order (1) If it appears that great or irreparable injury
[Sec. 6, Rule 58] would result to the applicant before the
The application for injunction or restraining order matter can be heard on notice:
may be denied: (a) Summary hearing on the application of the
(1) Upon a showing of its insufficiency. TRO within 24 hours after sheriff’s return of
o Application is not verified service and/or records are received by the
o Application is not supported by the branch selected by raffle
grounds in Sec. 3 (b) The court may issue a TRO effective for 20
o Application does not show facts entitling days from service on the party sought to be
the applicant to the relief demanded enjoined
o Application is not supported by the Within the 20 day period:
required bond o The applicant must show cause why
(2) On other grounds upon affidavits of the party injunction should not be granted
enjoined, which may be opposed by the o The court will determine WON the
applicant also by affidavits preliminary injunction shall be granted. If
(3) If it appears after hearing that, although granted, the court will issue the
applicant is entitled to injunction or TRO, the corresponding order
issuance or continuance thereof, would cause (2) If the matter is of extreme urgency and the
irreparable damage to party enjoined while applicant will suffer grave injustice and
applicant can be fully compensated for such irreparable injury
damages as he may suffer. In this case, the (a) A TRO may be issued ex parte (after
party enjoined shall file a bond raffling of case) ordered by the Executive
o Amount: Fixed by Court judge of a multiple sala court or the
o Undertaking That he will pay all damages presiding judge of a single-sala court
which the applicant may suffer by denial or (b) Effective for 72 hours from issuance
dissolution of the injunction or TRO (i) The applicant must then
immediately comply with Sec. 4 as to
If it appears that the extent of the preliminary service of summons and documents
injunction or restraining order granted is too (ii) The Executive Judge shall then
great, it may be modified. summon the parties to a conference
and raffle the case in their presence
T.2.7. Duration of TRO Within the 72-hr period
o The Presiding Judge before whom the case
GENERAL RULE: Before preliminary injunction is pending shall conduct a summary
may be granted, there must be prior notice to hearing to determine whether the TRO
person sought to be enjoined and there must be shall be extended until application for
a hearing preliminary injunction can be heard
o In no case shall the total period of
Procedure effectivity of the TRO exceed 20 days,
When an application for a writ of preliminary including the original 72 hours
injunction or TRO is included in a complaint or
initiatory pleading, the case, if filed in a multiple- Effectivity of TRO
sala, shall proceed as follows: o Effectivity is not extendible. No court shall
(1) Verified complaint and bond is filed have authority to extend or renew the same on
the ground for which it was issued
(2) Determine if there is great or irreparable injury
o If issued by the CA – effective for 60 days from
or extreme urgency, which warrants the
service
issuance of a TRO
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o If issued by SC – effective until further orders (5) The undertaking or authorization of any other
lawful activity necessary for such
Tro Issued By contract/project.
Executive Judge
Tro Issued By Ordinary This prohibition shall apply in all cases, disputes
(Multi-Sala) Or
Judge or controversies instituted by a private party,
Ordinary Judge
(Single-Sala) including but not limited to cases filed by bidders
or those claiming to have rights through such
Matter is of extreme bidders involving such contract/project.
urgency and that
If it appears that great
grave injustice and This prohibition shall not apply when the matter
or irreparable injury
irreparable injury will is of extreme urgency involving a constitutional
would result
arise unless issue, such that unless a temporary restraining
immediately issued order is issued, grave injustice and irreparable
injury will arise. The applicant shall file a bond, in
A summary hearing an amount to be fixed by the court, which bond
May be issued ex
must be done before shall accrue in favor of the government if the
parte
issuance court should finally decide that the applicant was
Good for 20 days not entitled to the relief sought. [Sec. 3, RA 8975]
Good for 72 hours
including first 72 hours
Any TRO, preliminary injunction, or preliminary
Issued before raffling Issued after raffling mandatory injunction issued in violation of Sec. 3
is void and of no force and effect. [Sec 4]
Issued after summary
Issued ex parte
hearing T.2.9. Rule on Prior or Contemporaneous Service
of Summons in Relation to Attachment

Upon the expiration of the non-extendible period, GENERAL RULE:


the TRO is automatically terminated. No judicial When an application for a writ of preliminary
declaration necessary. injunction or a temporary restraining order is
included in a complaint or any initiatory pleading,
T.2.8. In Relation to RA 8975; Ban on Issuance of the case, if filed in a multiple-sala court, shall be
TRO or Writ of Injunction in Cases Involving raffled only after notice to and in the presence of
Government Infrastructure Projects the adverse party or the person to be enjoined. In
No court, except the Supreme Court, shall issue any event, such notice shall be preceded, or
any TRO, preliminary injunction or preliminary contemporaneously accompanied, by service of
mandatory injunction against the government, or summons, together with a copy of the complaint
any of its subdivisions, officials or any person or or initiatory pleading and the applicant's affidavit
entity, whether public or private acting under the and bond, upon the adverse party in the
government direction, to restrain, prohibit or Philippines.
compel the following acts:
(1) Acquisition, clearance and development of EXCEPTIONS:
the right-of-way and/or site or location of any The requirement of prior or contemporaneous
national government project service of summons shall not apply: [Sec. 4, Rule
(2) Bidding or awarding of contract/ project of the 58]
national government as defined under Section (1) The summons could not be served personally
2 hereof; or by substituted service despite diligent
(3) Commencement prosecution, execution, efforts, or
implementation, operation of any such (2) The adverse party is a resident of the
contract or project; Philippines temporarily absent therefrom or is
(4) Termination or rescission of any such a nonresident thereof
contract/project; and
The executive judge of a multiple-sala court or
the presiding judge of a single sala court may
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issue ex parte a TRO effective for only 72 hours preservation, said remedy cannot be applied for
from issuance if the matter is of extreme urgency and granted. [Commodities Storage v. CA, G.R.
and the applicant will suffer grave injustice and No. 125008 (1997)]
irreparable injury. However, he shall immediately
comply with the provisions of Sec. 4, Rule 38, Sec. T.3.1. Cases When Receiver May Be Appointed
4 as to service of summons and the documents to [Sec. 1, Rule 59]
be served therewith. [Rule 38, Sec. 5] (1) When it appears from the verified application
and other proof that the applicant has an
Grant of Final Injunction interest in the property or fund which is the
If after the trial of the action it appears that the subject of the action or proceeding, and that
applicant is entitled to have the act or acts such property or fund is in danger of being
complained of permanently enjoined, the court lost, removed, or materially injured unless a
shall grant a final injunction perpetually receiver be appointed to administer and
restraining the party or person enjoined from the preserve it;
commission or continuance of the act or acts or (2) When it appears in an action by the mortgagee
confirming the preliminary mandatory injunction. for the foreclosure of a mortgage that the
[Sec. 9, Rule 58] property is in danger of being wasted or
dissipated or materially injured, and that its
T.3. RECEIVERSHIP value is probably insufficient to discharge the
Receiver mortgage debt, or that the parties have so
A person appointed by the court in behalf of all stipulated in the contract of mortgage;
the parties to the action for the purpose of (3) After judgment, to preserve the property
preserving and conserving the property in during the pendency of an appeal, or to
litigation and prevent its possible destruction or dispose of it according to the judgment, or to
dissipation if it were left in the possession of any aid execution when the execution has been
of the parties. returned unsatisfied or the judgment obligor
refuses to apply his property in satisfaction of
Purpose the judgment, or otherwise to carry the
The purpose of a receivership as a provisional judgment into effect;
remedy is to protect and preserve the rights of the (4) Whenever in other cases it appears that the
parties during the pendency of the main action, appointment of a receiver is the most
during the pendency of an appeal, or as an aid in convenient and feasible means of preserving,
the execution of a judgment when the writ of administering, or disposing of the property in
execution has been returned unsatisfied. litigation.

Unlike the other provisional remedies which can Specific Cases


be availed of only before final judgment, (1) If a spouse without just cause abandons the
receivership may be resorted to even after the other or fails to comply with his/her
judgment has become final and executory, under obligations to the family, the aggrieved
Sec. 1(d), Rule 59 in relation to Sec. 41, Rule 39. spouse may petition the court for receivership.
[Regalado]. [Art. 101, Family Code]
(2) The court may appoint a receiver of the
The receivership under Rule 59 is directed to the property of the judgment obligor; and it may
property which is the subject of the action and also forbid a transfer or other disposition of, or
does not refer to the receivership authorized any interference with, the property of the
under banking laws and other rules or laws. Rule judgment obligor not exempt from execution.
59 presupposes that there is an action and that [Sec. 41, Rule 39]
the property subject of the action requires its (3) After the perfection of an appeal, the trial
preservation. Receivership under Rule 59 is court retains jurisdiction to appoint a receiver
ancillary to the main action. [Riano] of the property under litigation since this
matter does not touch upon the subject of the
The guiding principle is the prevention of appeal. [Sec. 9, Rule 41; Acuña v. Caluag
imminent danger to the property. If an action by (1957)]
its nature, does not require such protection or
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(4) After final judgment, a receiver may be (3) Bond posted by applicant for grant of
appointed as an aid to the execution of receivership is insufficient [Sec. 5]
judgment. [Philippine Trust Company v. (4) Bond of the receiver is insufficient [Sec. 5]
Santamaria (1929)]
(5) Appointment of a receiver over the property in Appointment is not proper where the rights of the
custodia legis may be allowed when it is parties, one of whom is in possession of the
justified by special circumstances, as when it property, are still to be determined by the trial
is reasonably necessary to secure and protect court. [Vivares v. Reyes, G.R. No. 155408 (2008)]
the rights of the real owner. [Dolar v. Sundiam
(1971)] T.3.4. General Powers of a Receiver

Formerly included in this provision are situations Who is a Receiver


such as when a corporation has been dissolved, is A person appointed by the court in behalf of all
insolvent, etc. which are now governed by the the parties to an action for the purpose of
Corporation Code [Regalado]. preserving the property involved in the suit and to
protect the rights of all the parties under the
T.3.2 Requisites direction of the court. This is an instance where a
Refer to T.3.1. Cases When Receiver May Be person who is not the real party in interest is
Appointed authorized to sue as a representative party under
Sec. 3, Rule 3. [Regalado]
T.3.3. Requirement Before Issuance of an Order
Powers of a Receiver
Procedure (1) Bring and defend in such capacity actions in
(1) Verified application filed by the party his own name with leave of court
requesting for the appointment of the (2) Take and keep possession of the property in
receiver; controversy
(2) Applicant must have an interest in the (3) Receive rents
property or funds subject of the action; (4) Collect debts due to himself as receiver or to
(3) Applicant must show that the property or the fund, property, estate, person, or
funds is in danger of being lost, wasted, or corporation of which he is the receiver
dissipated; (5) Compound for and compromise the same
(4) Application must be with notice and must be (6) Make transfers
set for hearing; (7) Pay outstanding debts
(5) Before appointing a receiver, the court shall (8) Divide the money and other property that shall
require applicant to post a bond in favor of the remain among the persons legally entitled to
adverse party. receive the same’
(6) Before entering upon his duties, the receiver (9) Generally, to do such acts respecting the
must be sworn to perform his duties faithfully property as the court may authorize
and shall file a bond. (10) Invest funds in his hands, only by order of
the court upon the written consent of all the
Who Appoints Receiver parties. [Sec. 6, Rule 59]
(1) Court where the action is pending
(2) CA Who May Be Appointed
(3) SC The general rule is that neither party to the
(4) During the pendency of an appeal, the litigation should be appointed as a receiver
appellate court may allow an application for without the consent of the other because a
the appointment of a receiver to be filed in and receiver is supposed to be an impartial and
decided by the court of origin. [Sec. 1, Rule 59] disinterested person. [Alcantara v. Abbas, G.R.
No. L-14890 (1963))
Receivership may be denied or lifted
(1) If the appointment was sought or granted A clerk of court should not be appointed as a
without sufficient cause [Sec. 3] receiver as he is already burdened with his official
(2) Adverse party files a sufficient bond to answer duties. [Abrigo v. Kayanan, G.R. No. L-28601
for damages [Sec. 3] (1983)]
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Damages which arise


Liability for refusal or neglect to deliver property Damages resulting due to receiver’s
to receiver from appointment negligence or
(1) May be punished for contempt; and mismanagement
(2) Shall be liable to the receiver for the money or
the value of the property and other things so The right rests on
refused or neglected to be surrendered The right is statutory general principles of
together with all damages that may have been law
sustained by the party or parties entitled
thereto as a consequence of such refusal or The damages may be
neglect. [Sec. 7, Rule 59] caused before the Liability rests on the
receiver qualifies or mismanagement or
Remedies Against the Receiver takes possession of the negligence of receiver
(1) No action against receiver can be maintained property
without leave of court The applicant’s bond is The receiver’s bond is
(2) An aggrieved party may: responsible responsible
(a) Take the matter into the court which
appointed the receiver and ask either for an
accounting or take some other proceeding,
and ask for consequent judgment on the T.3.6. Termination of Receivership
acts complained of; or
(b) Ask for leave of court to bring him an action Ground: The necessity for a receiver no longer
directly exists

T.3.5. Two Kinds of Bonds Procedure


(1) The court shall determine that the necessity
1. Applicant’s Bond for a receiver no longer exists
Applicant must file a bond executed to the party o Motu proprio, or on motion of either party
against whom the application is presented (2) Due notice shall be given to all interested
o Amount: to be fixed by the court parties
o Undertaking: applicant will pay such party all (3) A hearing shall be conducted
damages he may sustain by reason of the (4) The court shall then settle the accounts of the
appointment, in case the applicant shall have receiver
procured such without sufficient cause (5) The court directs delivery of the funds and
other property in his possession to the person
The court may require additional bond after adjudged to be entitled to receive them
appointment in the exercise of its discretion as (6) The court will then order the discharge of the
further security for such damages [Sec. 2, Rule receiver
59]
Effect
2. Receiver’s Bond (1) Settle accounts of receiver
As a precondition before entering into his duties, (2) Delivery of funds to person entitled
receiver must file a bond. (3) Discharge of receiver
o Executed to the person against whom the (4) Receiver entitled to reasonable compensation
application is presented to be taxed as costs against defeated party
o Amount: in such sum as the court may direct.
o Undertaking: To the effect that he will T.4. REPLEVIN
faithfully discharge his duties and obey the Replevin is the provisional remedy seeking for the
orders of the court [Sec. 4, Rule 59] possession of the property prior to the
determination of the main action for replevin.
Damages Resulting Damages Arising After
From Appointment Appointment Replevin may also be a main action with the
ultimate goal of recovering personal property

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capable of manual delivery wrongfully detained or disposed of to


by a person. In this sense, it is a suit in itself. prevent its being
found or taken by the
Preliminary applicant
Replevin
Attachment
The purpose is to have
the property put in the NOTE: There can be no replevin and preliminary
The purpose is to attachment in the same case because the
custody of the court to
recover personal purposes are different.
secure the satisfaction
property capable of (1) In Rule 57, it is for security
of the judgment that
manual delivery from (2) In Rule 60, it is for recovery of possession
may be rendered in
the defendant
favor of the plaintiff at
some future time T.4.1. When Writ May Be Issued
The provisional remedy of replevin is available
The property either where the principal purpose of the action is to
belongs to the plaintiff The property does not recover the possession of personal property.
or one over which the belong to the plaintiff
plaintiff has a right of but to the defendant When Applied For
possession At the commencement of the action, or at any
time before defendant files his answer
May be sought only
Available even if NOTE: There can be no replevin before the
when the principal
recovery of property is appellate courts
action is for the
only incidental to the
recovery of personal
relief sought Who May Avail
property
(1) Plaintiff – where the complaint prays for
Can be sought only recovery of possession of personal property
May be resorted to (2) Defendant – where a counterclaim was set out
when defendant is in
even if property is in in the answer for recovery of personal property
actual or constructive
possession of a third
possession of the
person It is available to any other party asserting
property
affirmative allegations praying for the recovery of
Cannot be availed of Can be availed of even personal property unjustly detained.
when property is in if property is in
custodia legis custodia legis Does the applicant have to be the holder of the
legal title to the property?
Available from
Available before commencement but
GENERAL RULE: No. It is in the nature of a
defendant answers before entry of
possessory action. It is sufficient that at the time
judgment
he applied for a writ of replevin he is found to be
Bond is double the Bond is fixed by the entitled to a possession thereof.
value of the property court
Primarily, the action of replevin is possessory in
Extends only to Extends to all kinds of character and determines nothing more than the
personal property property whether real, right of possession. However, when the title to the
capable of manual personal, or property is distinctly put in issue by the
delivery incorporeal defendant's plea, the question of ownership may
be resolved in the same proceeding because a
Attachment to recover
replevin action is sufficiently flexible to authorize
Available to recover possession of
a settlement of all equities between the parties,
personal property even personal property
arising from or growing out of the main
if the same is not being unjustly detained
controversy. [Chiao Liong v. CA, G.R. No. 106251
concealed, removed, presupposes that the
(1993)]
or disposed of same is being
concealed, removed,
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T.4.2. Requisites Applicant’s Bond


(1) Applicant is owner of the property claimed or (1) Executed to the adverse party
is entitled to possession (2) Amount is DOUBLE the value of the property
(2) Property is wrongfully detained by the stated in the affidavit
adverse party (3) Conditions of the Bond:
(3) Property is not distrained or taken for tax (a) The return to of property to adverse party,
assessment or fine pursuant to law, or seized if such return be adjudged, and
(if seized, that the property is exempt) (b) The payment to adverse party of such sum
(4) Principal purpose of the action is to recover as he may recover from the applicant in the
possession of personal property action

Procedure [Secs. 2-3, Rule 60] Return of Property [Sec. 5]


(1) An application is filed at the commencement If the adverse party does not object to the
of the action or at any time before answer of sufficiency of the bond, he may require the return
defendant of the property
(2) Application must contain an affidavit When: At any time before delivery to applicant
(3) Applicant must file a bond How: By filing a redelivery bond
(4) Approval of the bond by the court
(5) Court shall then issue an order and the writ of Redelivery Bond
replevin: This is executed to the applicant and filed where
(a) It must describe the personal property the action is pending
alleged to be wrongfully detained o Amount: double the value of the property as
(b) Requiring the sheriff to take such property stated in the affidavit of the applicant
into his custody o Undertaking:
(a) The delivery thereof to the applicant, if
NOTE: The writ of replevin may be served such delivery be adjudged, and
anywhere in the Philippines. (b) The payment of such sum to him as may be
recovered against the adverse party
T.4.3. Affidavit and Bond; Redelivery Bond
T.4.4. Sheriff’s Duty in Implementation; When
Contents of the Affidavit Property Claimed by Third Party
The affidavit shall:
(1) Particularly describe the property Duties of the Sheriff [Sec. 4, Rule 60]
(2) State that the applicant is: (1) Serve a copy of the order, together with the
(a) the owner of the property claimed; or copies of the application, the affidavit, and
(b) entitled to possession bond to the adverse party
(3) State that the property is wrongfully detained (2) Take the property:
by adverse party, allege the cause of detention (a) If it be in the possession of the adverse
according to his best knowledge, information, party or his agent – Take the property into
belief custody
(4) State either (b) If property is concealed in a building or
(a) That the property has not been: enclosure:
(i) Distrained, (i) Demand delivery of the property
(ii) Taken for a tax assessment, (ii) If not delivered, cause the building or
(iii) Taken as a fine pursuant to law, enclosure to be broken open and
(iv) Seized under a writ of execution or then take the property into
preliminary attachment, or possession
(v) otherwise under custodia legis (3) After taking possession:
(b) That, if the property is so taken, it is exempt (a) Keep the property in a secure place
from such seizure or custody. (b) He shall be responsible for delivery to party
(5) State the actual value of the property subject entitled
of replevin and not just its probable value.

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Unlike a preliminary attachment and preliminary applicant, unless the applicant files a bond
injunction, the rule on prior or contemporaneous approved by the court to indemnify the third
jurisdiction is not provided for in replevin. person, in an amount not less than the value
stated in the affidavit of the applicant.
However, the rule requires that upon such order,
the sheriff must serve a copy on the adverse party No claim for damages for the taking or keeping of
together with the required documents. the property may be enforced against the bond
unless the action is filed within 120 days from
A sheriff’s prerogative does not give him the filing of the bond.
liberty to determine who among the parties is
entitled to possession. NOTE: The procedure in Sec. 7, Rule 60 is similar
to that in third-party claims in execution [Sec. 16,
When a writ is placed in the hands of a sheriff, it Rule 39] and in attachment (Sec. 14, Rule 57].
is his duty to proceed with reasonable celerity and
promptness to execute it according to its Difference in Service of Affidavits:
mandate. o Sec. 14, Rule 57 – affidavit is served upon the
sheriff while he has possession of the attached
Where replevin writ was improperly served property
The trial court is deemed to have acted without or o Sec. 7, Rule 60 – affidavit is served within 5
in excess of its jurisdiction. It must restore the days in which sheriff has possession (in
parties to their former positions by returning the connection with Sec. 6)
seized property and by discharging the replevin
bond. [Rivera v. Vargas, G.R. No. 165895 (2009)]. JUDGMENT [Sec. 9, Rule 60]
After trial of the issues, the court shall determine
Disposition of Property by Sheriff who has the right of possession to and the value
The sheriff shall retain the property for 5 days. of the property and shall render judgment in the
Within such period, the adverse party: alternative for the delivery thereof to the party
(1) May object to the sufficiency of the entitled to the same, or for its value in case
applicant’s bond or surety; or delivery cannot be made, and also for such
(2) May file a redelivery bond, if he does not damages as either party may prove, with costs.
object to the sufficiency of the bond
T.5. NATURE OF PROVISIONAL REMEDIES
The adverse party is entitled to the return of the
property taken under writ of replevin, if: Nature of Provisional Remedies
(1) He seasonably posts a redelivery bond Provisional remedies are writs and processes
(2) The applicant’s bond is found to be insufficient available during the pendency of the action which
or defective and is not replaced with a proper may be resorted to by a litigant for the
bond preservation or protection of their rights and
(3) The property is not delivered to the plaintiff for interests therein pending rendition, and for
any reason purposes of the ultimate effects, of a final
judgment in the case; also known as ancillary or
When claimed by third party auxiliary remedies.
Procedure They are temporary, auxiliary, and ancillary
Third party claiming the property must: remedies available to a litigant for the protection
(1) Make an affidavit of his title to the property, and preservation of his rights while the main
stating his grounds; action is pending. They are writs and processes
(2) Serve such affidavit upon the sheriff while the which are not main actions and are dependent for
latter has possession of the property; and their application the existence of a principal
(3) Serve a copy upon the applicant. action.
Effect They are applied to a pending litigation, for the
The sheriff shall not be bound to keep property purpose of securing the judgment or preserving
under replevin or deliver property to the the status quo, and in some cases after judgment,
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for the purpose of preserving or disposing of the


subject matter. [Calo v. Roldan, G.R. No. L-252
(1946)]

Orders granting or denying provisional remedies


are merely interlocutory and cannot be the
subject of an appeal. They may however be
challenged before a superior court through a
petition for certiorari under Rule 65.

Purpose of Provisional Remedies


(1) To preserve or protect litigants’ rights or
interests during the pendency of the principal
action;
(2) To secure the judgment;
(3) To preserve the status quo of the the things
subject to the action or the relation between
the parties; and
(4) To preserve the subject matter of the action.

Kinds of Provisional Remedies


(1) Preliminary Attachment [Rule 57]
(2) Preliminary Injunction [Rule 58]
(3) Receivership [Rule 59]
(4) Replevin [Rule 60]
(5) Support Pendente Lite [Rule 61]

NOTE: The enumeration above is not exclusive.


The court may invoke its equity jurisdiction and
order the appropriate reliefs during the pendency
of an action

T.6. JURISDICTION OVER PROVISIONAL


REMEDIES

The court which grants or issues a provisional


remedy is the court which has jurisdiction over the
main action.

Inferior courts may also grant all appropriate


provisional remedies in an action pending with it
and is within its jurisdiction [Sec. 33 (1), BP 129]

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Comparative Chart on The Provisional Remedies


Preliminary Preliminary
Receivership Replevin
Attachment Injunction
To have the
property of adverse
party attached as To require a party
security for or a court, agency,
satisfaction of or a person to
judgment that may reframe from doing
be recovered in a particular act/s To place the
cases falling under property subject of
Sec. 1, Rule 57 an auction or
To enable the court proceeding under
To recover
to acquire the control of a
PURPOSE possession of
jurisdiction over third party for its
personal property
the action by the preservation and
actual or administration
constructive Or to require the pendente lite or as
seizure of the performance of an aid to execution
property in those particular act/s
instances where
personal service of
summons on
creditor cannot be
effected
Personal property
SUBJECT Personal or real Personal or real
Particular act/s capable of manual
MATTER property property
delivery
At any time prior to
At the satisfaction of
At the
commencement of judgment
At any stage prior commencement of
WHEN APPLIED/ action It may be availed of
to final judgment the action
GRANTED OR `At any time even after
or final order BUT before the
prior to entry of judgment becomes
filing of answer
judgment final under Sec. 41,
Rule 39
File verified File verified
application and application and
applicant’s bond applicant’s bond
If application is
included in
HOW APPLIED File affidavits and initiatory pleading, Application may File affidavits and
FOR applicant’s bond adverse party also be included in applicant’s bond
should be served initiatory pleading
with summons in actions for
together with a foreclosure of
copy of initiatory mortgage
pleading and
applicant’s bond

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Required
EXCEPT:
Great or
irreparable injury
Not required would result or Not Required
REQUIREMENT
May be issued ex Extreme urgency Required May be issued ex
OF A HEARING
parte and applicant will parte
suffer grave
injustice and
irreparable injury
(Sec. 5, Rule 58
Only the court
Court where action
where the action is
is pending
pending
The CA or SC even
Courts where the Lower court, CA or
if action is pending
action is pending, SC provided action
in the lower court
the CA or the SC is pending in the Only the court were
WHO MAY GRANT Appellate court
even if action is same court which action is pending
may allow
pending in lower issues the
application for
court injunction
receivership to be
Also with the
decided by the
Sandiganbayan
court of origin
and CTA
REQUISITES FOR 1. Sufficient 1. Applicant is 1. Applicant has 1. Applicant is
GRANTING cause of action entitled to interest in owner of the
APPLICATION 2. Case is covered relief property or property
by Sec. 1, Rule demanded fund, subject claimed or is
57 2. Act/s matter of entitled to
3. No other complained of action possession
sufficient would work 2. Property or 2. Property is
security for the injustice to fund is in wrongfully
claim exists applicant if not danger of detained by the
4. Amount due to enjoined being lost, or adverse party
applicant or 3. Acts sought to removed, or 3. Property is not
value of be enjoined material distrained or
property he is probably injured taken for tax
entitled to violates 3. Appointment is assessment or
recover is equal applicant’s the most fine pursuant
to the sum rights convenient and to law, or
which the respecting the feasible means seized (if
order of subject of the of preserving, seized, that the
attachment is action or administering, property is
granted proceeding disposing of exempt)
4. Threatened property in
injury litigation
incapable of
pecuniary
estimation

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U. SPECIAL CIVIL ACTIONS


U.1. INTERPLEADER Intervenor claims an
interest that is adverse
A remedy whereby a person who has property in Plaintiff either has (a)
to at least one of the
his possession or has an obligation to render no interest or (b) an
existing parties, or will
wholly or partially, without claiming any right in interest in the subject
be adversely affected
both, comes to court and asks that the matter undisputed by
by judgment in favor of
defendants who have made conflicting claims the other parties
either of the existing
upon the same property or who consider parties
themselves entitled to demand compliance with
the obligation be required to litigate among
themselves in order to determine who is entitled Defendants to a
to the property or payment or the obligation. Defendants are sued complaint-in-
[Beltran v. PHHC, G.R. No. L-25138 (1969)] to be impleaded intervention are
parties to a pending
The peculiar characteristic of an interpleader is suit
that there is NO CAUSE OF ACTION on the part
of the plaintiff but only a threat of cause of action. U.1.1. Requisites for Interpleader

Purposes (1) The plaintiff clams no interest in the subject


(1) To compel conflicting claimants to interplead matter or his claim thereto is not disputed
and litigate their several claims among (2) The parties to be interpleaded must make
themselves. [Sec. 1, Rule 62] effective claims
(2) To protect a person against double vexation in (3) There must be at least two conflicting
respect of one liability [Beltran v. PHHC, G.R. claimants with adverse or conflicting interests
No. L-25138 (1969); RCBC v. Metro Container to a property in custody or possession of the
Corp, G.R. No. 127913 (2001)] plaintiff; and
(4) The subject matter must be one and the same.
Interpleader vs. Intervention [see Lim v. Continental Dev’t Corp., G.R. No. L-
41818 (1976)]
INTERPLEADER INTERVENTION
NOTE: Interpleader applies regardless of nature
of subject matter. [Wack Wack Golf & Country
Ancillary action, i.e. Club v. Lee Won, G.R. No. L-23851 (1976),
Original action there is a pending interpreting Rules of Court (1964), Sec. 1, Rule 63,
action which was virtually unchanged by the now Sec. 1,
Rule 62]

NOTE: Interpleader cannot be availed of to


resolve the issue of breach of undertakings made
by defendants, which should be resolved in an
ordinary action for specific performance or other
relief [Beltran v. PHHC, G.R. No. L-25138 (1969)].

U.1.2. When to file

GENERAL RULE: Within a reasonable time.

An action for interpleader should be filed within a


reasonable time after a dispute has arisen
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without waiting to be sued by either of the


contending parties. Otherwise, it may be barred Effect of Failure to Answer
by laches. [Wack Wack Golf & Country Club v. Lee (a) The claimant, on motion, may be declared in
Won, G.R. No. L-23851 (1976)] default and
(b) The court may thereafter render judgment
EXCEPTION: Where the stakeholder acts with barring him from any claim in respect to the
subject matter
reasonable diligence in view of environmental
circumstances, the remedy is not barred. [Wack
U.2 DECLARATORY RELIEFS AND SIMILAR
Wack Golf & Country Club v. Lee Won, G.R. No. L- REMEDIES
23851 (1976)]

Who Files: By the person against whom the The enumeration of the subject matter (deed, will,
conflicting claims are made. contract, or other written instrument, statute,
executive order, or regulation, or ordinance or any
Jurisdiction and Venue: General rules on other government regulation) is exclusive. Hence,
jurisdiction and venue apply as in ordinary civil an action not based on any of the enumerated
actions. Hence, first-level courts have jurisdiction subject matters cannot be the proper subject of
where the amount is within the limit. [see Makati declaratory relief [Mangahas v. Paredes, G.R. No.
Dev’t Corp. v. Tanjuatco, G.R. No. L-26443 (1969)] 157866 (2007)]

Procedure Issue
(1) A complaint is filed. The only question that may be raised in a
(2) Upon filing of complaint, the court issues an declaratory relief is the validity or construction of
Order [Sec. 2] requiring conflicting claimants the subject matter. [Atlas Consolidated Mining &
to interplead with one another. Dev’t Corp. v. CA, G.R. No. L-54305 (1990)]
(3) Summons shall then be served upon the
conflicting claimants with a copy of the
Relief
complaint and the order to interplead. [Sec. 3,
Rule 62] Declaration of the petitioner’s rights and duties.
(4) Each claimant has 15 days from service of
summons upon him to file any of the following Purpose
[Sec. 5, Rule 62]: (1) To secure an authoritative statement of the
(a) Answer, which must be served upon each rights and obligations of the parties under a
of the other conflicting claimants. statute, deed, contract, etc. for their guidance
(b) Motion to dismiss. [Sec. 4, Rule 62] If filed, in its enforcement or compliance and not to
period to answer is settle issues arising from its alleged breach.
o Grounds: [Tambunting v. Sumabat and Baello, G.R. No.
(1) Same as in Rule 16, plus 144101 (2005)]
(2) Impropriety of interpleader action (2) To relieve the litigants of the common law rule
o If motion is denied, movant may file his that no declaration of rights may be judicially
answer within the remaining period but adjudged unless a right has been violated and
it shall not be less than 5 days in any for the violation of which relief may be
event from notice of denial. granted.
(5) From service of Answer, the claimants may
file their Reply serving copies to all parties. Characteristics
Parties may file counterclaims, cross-claims, The concept of a cause of action does not strictly
third-party complaints and responsive apply to declaratory relief since this SCA
pleadings. [Sec. 5, Rule 62]
presupposes that there has been no breach or
(6) Pre-trial is conducted. [Sec. 6, Rule 62]
(7) The court shall determine the respective violation of the instruments involved. However, a
rights and adjudicate their several claims. breach or violation must be impending,
[Sec. 6, Rule 62]
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imminent, or at least threatened. [Velarde v. (1) Subject matter of controversy must be a deed,
Social Justice Society, G.R. No. 159357 (2004)] will, contract, or other written instrument,
statute, executive order or regulation, or
Hence, unlike other judgments, judgment in an ordinance. [Vda. de Aviles v. CA, G.R. No.
95748 (1996)]
action for declaratory relief does not essentially
(2) Actual justiciable controversy or “ripening
entail any execution process. [Regalado] seeds” of one between person whose interests
are adverse
U.2.1. Who may file the action [Sec. 1, Rule 63] (3) No breach of documents in question
(1) Any person interested under a deed, will, (4) Doubtful as to the terms and validity of the
contract or other written instrument, before a document and require judicial construction
breach thereof. (5) Issue is ripe for judicial determination, as
(2) Any person whose rights are affected by a where all administrative remedies have been
statute, executive order or regulation, or exhausted
ordinance, or any other governmental (6) Adequate relief is not available through other
regulation, before a violation thereof. means or other forms of action or proceeding
[Regalado]
Parties
(1) All persons who have or claim any interest A justiciable controversy refers to an existing
which would be affected by the declaration case or controversy that is appropriate or ripe for
[Sec. 2, Rule 63] judicial determination, not one that is
(2) If action involves the validity of a conjectural or merely anticipatory. [Velarde v.
statute/executive order/regulation/other Social Justice Society, G.R. No. 159357 (2004)]
governmental regulation and the
constitutionality of a local ordinance, the
Solicitor General shall be notified. [Sec. 3, U.2.3. When court may refuse to make judicial
Rule 63] declaration
(3) If action involves the validity of a local Court has discretion to refuse, motu proprio or on
government ordinance, the motion, to exercise power to declare rights and to
prosecutor/attorney of the LGU involved shall construe instruments when:
be notified. [Sec. 4, Rule 63]
(1) The decision will not terminate the
controversy or uncertainty giving rise to the
Non-joinder of interested persons is not a action; or
jurisdictional defect; but persons not joined shall (2) The declaration or constitution is not
not be prejudiced in their interests unless necessary and proper under the
otherwise provided by the Rules. [Baguio Citizens circumstances. [Sec. 5, Rule 63]
Action v. City Council of Baguio, G.R. No. L-27247
(1983)] U.2.4. Conversion to ordinary action [Sec. 6, Rule
63]
Where to file
Jurisdiction: Exclusive and original jurisdiction is When proper
with the RTC (BP Blg. 129, sec. 19, i.e. incapable If before the final termination of the case, a
of pecuniary estimation). SC has no original breach or violation of the instrument or status
jurisdiction over declaratory relief petitions, but occurs.
has appellate jurisdiction over them. [Liga ng
mga Barangay National v. City Mayor of Manila, Effect of Conversion
G.R. No. 154599 (2004)] Parties shall be allowed to file such pleadings as
may be necessary or proper.
Venue: General rule on venue applies.
NOTE: If there has been breach or violation
U.2.2. Requisites of Action For Declaratory Relief BEFORE filing of the petition, declaratory relief
cannot be availed of.
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requires the MTC to exercise exclusive original


U.2.5. Proceedings considered as similar jurisdiction over all civil actions which involve title
remedies to or possession of real property where the
assessed value does not exceed P20,000.00.
Actions similar to Declaratory Relief and may be
brought under Rule 63: U.3 REVIEW OF JUDGMENTS AND FINAL
(1) Action for reformation [See Art. 1359-1369, ORDERS OR RESOLUTIONS OF THE COMELEC
Civil Code] AND COA
(2) Action to quiet title or remove cloud [See Art.
476-481, Civil Code]
(3) Action to consolidate ownership [See Art. Scope [Sec. 1, Rule 64]
1607, Civil Code] Applicable only to judgments and final orders or
resolutions of the COMELEC and COA [Sec. 1,
These remedies are considered similar to Rule 64]
declaratory relief because they also result in the
adjudication of the legal rights of the litigants, This new rule is based on the provisions of CONST.
often without the need of execution to carry the art. IX-A, sec. 7, which states that “[u]nless
judgment into effect. [Malana v. Tappa, G.R. No. otherwise provided by this Constitution or by law,
181303 (2009)] any decision, order, or ruling of each Commission
may be brought to the Supreme Court on
However, distinction must be made between: certiorari within thirty days from receipt of a copy
(1) Cases similar to declaratory relief, where the thereof.”
court is BOUND to render judgment; and
(2) Actions for declaratory relief, where the court Hence, judgments/orders of the Civil Service
MAY REFUSE to exercise the power to declare
Commission are now reviewable by the CA under
rights and to construe instruments. [Sec. 5,
Rule 63] Rule 43, eliminating recourse to the SC. [RA
7902; SC Revised Administrative Circular No. 1-
U.2.5.1. Reformation of an instrument 95]
Please refer to Civil Law Reviewer and NCC 1359-
1369 U.3.1 Application of Rule 65 under Rule 64

U.2.5.2. Consolidation of ownership The aggrieved party may bring a judgment or


Please refer to the Civil Law Reviewer and NCC final order or resolution of the COMELEC and
1607 COA to the SC on certiorari under Rule 65 and not
on appeal by certiorari under Rule 45. [Sec. 2,
U.2.5.3. Quieting of title to property Rule 64]
To determine which court has jurisdiction, Sec 1
Rule 63 must be read together with those of the Rule 65 is followed unless it conflicts with
Judiciary Reorganization Act of 1980, as particular rules under Rule 64.
amended. [Malana v. Tappa, G.R. No. 181303
(2009)] NOTE: The petition should be filed EXCLUSIVELY
with the SC.
Section 1, Rule 63 repeatedly uses the word may
that an action for quieting of title may be brought
Reglementary Period
under [the] Rule on petitions for declaratory
relief, and a person desiring to file a petition for The petition should be filed within 30 days from
declaratory relief may x x x bring an action in the notice of judgment or final order or resolution
appropriate Regional Trial Court. sought to be reviewed. [Sec. 3, Rule 64] This
follows the express provision of the Constitution,
In contrast, the mandatory provision of BP 129, as and is different from Rule 65 which provides for
amended, uses the word shall and explicitly 60 days.
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(b) If sufficient in form and substance, the SC


Interruption of the 30-day period shall order the respondents to file their
Filing of MFR or MNT, if allowed under the Comments [Sec. 6, Rule 64] within 10 days
procedural rules of the Commission, shall from notice.
(4) SC may set the case for oral argument or
interrupt the 30-day period. If denied, aggrieved
require the submission of memoranda [Sec. 9,
party may file petition within the remaining Rule 64]
period but it shall not be less than 5 days in any (5) Otherwise, the case is deemed submitted for
event from notice of denial. [Sec. 3, Rule 64] decision [Sec. 9, Rule 64]

NOTE: The Fresh Period Rule is NOT applicable. 3.21.3.2. Distinction in the application of Rule 65
Its application to Rule 65 cannot be to judgments of the COMELEC and COA and the
automatically extended because Rule 64, Sec. 3 application of Rule 65 to other tribunals, persons
is a special rule. In the case of COMELEC and officers
decisions, the Court has chosen not to extend it in
view of the Constitutional policy of prompt Rule 64 Rule 65
resolution of election cases. [Pates v. COMELEC,
G.R. No. 184915 (2009)] Directed only to the
judgments, final Directed to any tribunal,
GENERAL RULE: Failure to file a motion for orders or resolutions board, or officer
reconsideration before the issuing forum results of COMELEC and exercising judicial or
in the dismissal of the petition. COA quasi-judicial functions

EXCEPTIONS: Filed within 30 days Filed within 60 days


(1) To prevent a miscarriage of justice from notice of the from notice of the
(2) The issue involves the principle of social judgment judgment
justice or the protection of labor
(3) The decision or resolution is a nullity Fresh period rule
(4) Need for relief is extremely urgent and
does not apply. Rule Fresh period rule
certiorari is the only adequate remedy [ABS-
CBN v. COMELEC, G.R. No. 133486 (2000)] 64, sec. 3 (supra) is applies
applicable.
Procedure
(1) A verified petition is filed [Sec. 5, Rule 64] with
payment of docket and lawful fees [Sec. 4, U.4. CERTIORARI, PROHIBITION,
Rule 64] MANDAMUS
(2) Service of petition to the Commission and on
the adverse party [Sec. 5, Rule 64]
(3) SC shall act on the petition: U.4.1. Definitions and distinctions
(a) It may dismiss the petition on the following
grounds: Certiorari is a writ emanating from a superior
(v) Failure to comply with the form and court directed against an inferior court, tribunal,
content requirements in Sec. 5 [Sec. 5, board or officer exercising judicial or quasi-
Rule 64];
judicial functions, the purpose of which is to
(vi) If it is insufficient in form and substance
[Sec. 6, Rule 64]; correct errors of jurisdiction—i.e. without or in
(vii) If it was filed manifestly for delay excess of jurisdiction, or with grave abuse of
[Sec. 6, Rule 64]; or discretion amounting to the same. [Sec. 1, Rule
(viii) Questions raised are too 65]
unsubstantial to warrant proceedings
[Sec. 6, Rule 64]. Prohibition is a writ issued by a superior court and
directed against an inferior court, tribunal,
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corporation, board, officer or person whether proceedings or the act


exercising judicial, quasi-judicial, or ministerial for (2) court to required,
functions for the purpose of preventing or grant incidental and (2) pay
restraining the latter from usurping jurisdiction reliefs damages
with which it is not legally vested. [Sec. 2, Rule
65] Covers Covers Covers
discretionary discretionary and ministerial
Mandamus is a writ issued in the name of the acts ministerial acts acts
State, to an inferior court, tribunal, corporation,
board, officer, or person, commanding the Corrective Negative and
May be
performance of an act which the law enjoins as a remedy: preventive remedy
affirmative,
duty resulting from an office, trust, or station. To correct To restrain or
positive, or
[Sec. 3, Rule 65] usurpation of prevent the said
negative
jurisdiction usurpation

U.4.1.1. Certiorari distinguished from appeal by


certiorari
Certiorari Prohibition Mandamus
Certiorari As A Mode Certiorari As A Special
Directed
Directed against Directed Of Appeal (Rule 45) Civil Action (Rule 65)
against an
an entity or against an
entity or
person exercising entity or A continuation of the
person An original action and
judicial, quasi- person appellate process
exercising not a mode of appeal
judicial, or exercising over the original case
judicial or
ministerial ministerial
quasi-judicial
functions functions May be directed
functions
against an
Entity or interlocutory order of
Seeks to review final
person is the court or where no
judgment or final
alleged to appeal or plain or
orders
have: speedy remedy is
Entity or person is alleged to have (1) available in the
acted: Neglected ordinary course of law
(1) Without jurisdiction a
Raises questions of
(2) In excess of jurisdiction; or ministerial
jurisdiction, i.e.
(3) With grave abuse of discretion duty; or
whether a tribunal,
amounting to lack or excess of (2)
board or officer
jurisdiction Excluded
exercising judicial or
another
Raises only questions quasi-judicial functions
from a
of law has acted without
right or
jurisdiction or in excess
office
of jurisdiction or with
To annul or For (1) respondent For grave abuse of
modify a to desist from respondent discretion amounting
proceeding further to: (1) do to lack of jurisdiction

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Filed not later than 60 parties to file


days from notice of memoranda.
Filed within 15 days • But the SC/CA
judgment, order, or
from notice of may require a
resolution sought to be
judgment or final comment before
assailed. In case a giving the
order appealed from,
motion for petition due
or of the denial of
reconsideration or new course.
petitioner’s motion
trial is timely filed, the
for reconsideration or
60-day period is U.4.1.2. Prohibition and Mandamus distinguished
new trial.
counted from notice of from Injunction
said denial.

Extension of 30 days Extension granted only Injunction Prohibition


may be granted for under exceptional
justifiable reasons. cases (infra). Ordinary civil action Special civil action

Motion for Directed to the court


Does not require a Directed only to the
reconsideration is a itself, commanding it
prior motion for party litigants,
condition precedent, to cease from the
reconsideration without in any
subject to exceptions exercise of a
manner interfering
jurisdiction to which it
with the court
Does not stay the has no legal claim
judgment or order
Stays the judgment It is based on the
subject of the petition,
appealed from ground that the court
unless enjoined or Does not involve the
restrained against whom the writ
jurisdiction of the
is sought had acted
court
Parties are the without or in excess of
original parties with jurisdiction
The tribunal, board, or
the appealing party
officer, exercising Main action or
as the petitioner and Main action
judicial or quasi- provisional remedy
the adverse party as
judicial functions is
the respondent,
impleaded as
without impleading
respondent
the lower court or its Injunction Mandamus
judge
Ordinary civil action Special civil action
May be filed with the
Filed only with the SC SC, CA, Directed against a
Directed against a
Sandiganbayan, or RTC tribunal, corporation,
litigant
board, or officer
If the order is sufficient
Review by the SC is in form and substance: Purpose is to either
Purpose is for the
discretionary and will • The RTC shall (1) refrain the defendant
tribunal, corporation,
be granted only when order from performing an
board, or officer, to
there are special or respondents to act or to perform not
perform a ministerial
comment, and necessarily a legal
important reasons. and legal duty
then (2)(a) hear and ministerial duty
[Rule 45, sec. 6] the case or (2)(b)
require the

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U.4.2 Requisites
Discretionary Act Ministerial Act
Certiorari
(1) Respondent is exercising judicial or quasi- One which an officer or
judicial function One where public tribunal performs in a
(2) Respondent acted without or in excess of its functionaries, by given state of facts, in a
jurisdiction or acted with grave abuse of virtue of a power or prescribed manner, in
discretion amounting to lack of jurisdiction; right conferred upon obedience to the
and
them by law, can act mandate of a legal
(3) There must be no appeal or other plain,
speedy, and adequate remedy [Barbers v. officially under authority, without
COMELEC, G.R. No. 165691 (2005)] certain regard to or the exercise
circumstances, of his own judgment
Prohibition uncontrolled by the upon the propriety or
(1) Respondent is exercising judicial, quasi- judgment or impropriety of the act
judicial, or ministerial functions conscience of others done [Roble Arrastre,
(2) Respondent acted without or in excess of its Inc. v. Villaflor (2006)]
jurisdiction or acted with grave abuse of
discretion amounting to lack of jurisdiction;
and NOTE: The common requisite among certiorari,
(3) There must be no appeal or other plain, prohibition, and mandamus is that there is no
speedy, and adequate remedy [Barbers v. other plain, speedy, or adequate remedy in the
COMELEC, G.R. No. 165691 (2005)] ordinary course of law.
Mandamus
Independent Action
(1) There must be a well-defined, clear legal right
or duty. [Valmonte v. Belmonte, G.R. An original action for Certiorari, Prohibition, or
No.74930 (1989)] Mandamus is an independent action, and as such:
o The duty must be enjoined by law; hence, a (1) Does not interrupt the course of the principal
contractual duty cannot be enforced by action;
mandamus. [Province of Pangasinan v. (2) Does not affect the running of the
Reparations Commission, G.R. No. L- reglementary periods involved in the
27448 (1977)] proceedings;
(2) Respondent must be exercising a ministerial (3) Does not stay the execution of judgment
duty. [Roble Arrastre, Inc. v. Villaflor, G.R. No. unless a TRO or writ of preliminary injunction
128509 (2006)] has been issued. [Sec. 7, Rule 65]
o A duty which is absolute and imperative
and involves merely its execution U.4.3. When petition for Certiorari, Prohibition,
o However, mandamus “will lie to compel and Mandamus is proper
the discharge of the discretionary duty
itself but not to control the discretion to be A. Certiorari
exercised. In other words, mandamus can
Only to correct errors of jurisdiction, not errors of
issue to require action only but not specific
action.” [Assoc. of Small Landowners in the judgment.
Phils., Inc. v. Sec. of Agrarian Reform, G.R.
No. 78742 (1989)] Questions of fact cannot be raised in an original
(3) The duty to be performed must be existing. action for certiorari. Only established or admitted
o A correlative right will be denied if not facts may be considered. [Suarez v. NLRC, G.R.
performed by the respondents. No. 124723 (1998)]
(4) There is no other plain, speedy, and adequate
remedy in the ordinary course of law. GENERAL RULE: Where appeal is available,
certiorari will not lie. [Jose v. Zulueta, G.R. No. L-
16598 (1961)]
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However, in extreme situations generally in


EXCEPTIONS: criminal cases, mandamus lies to compel the
(1) Where appeal does not constitute a speedy performance of the fiscal of discretionary
and adequate remedy functions where his actuations are tantamount to
(2) Where orders were also issued either in excess
a wilful refusal to perform a required duty.
or without jurisdiction
(3) For certain special considerations, as public [REGALADO]
welfare or public policy
(4) Where, in criminal actions, the court rejects Grounds:
the rebuttal evidence for the prosecution as, (1) When any tribunal, corporation, board, officer
in case of acquittal, there could be no remedy or person UNLAWFULLY NEGLECTS the
(5) Where the order is a patent nullity performance of an act which the law
(6) Where the decision in the certiorari case will specifically enjoins as a duty resulting from an
avoid future litigations [Villarica Pawnshop v. office, trust, or station.
Gernale, G.R. No. 163344 (2009) (2) When any tribunal, corporation, board,
officer, or person, UNLAWFULLY EXCLUDES
B. Prohibition another from the use and enjoyment of a right
Prohibition is a preventive remedy. However, to or office to which the other is entitled. [Sec. 3,
prevent the respondent from performing the act Rule 65]
sought to be prevented during the pendency of
Mandamus is the proper remedy when the
the proceedings for the writ, the petitioner should respondent unlawfully excludes the petitioner
obtain a restraining order and/or writ of
from an office to which the latter is entitled
preliminary injuction. [REGALADO]
without usurping, intruding into or unlawfully
holding the office.
The office of prohibition is not to correct errors of
judgment but to prevent or restrain usurpation by
On the other hand, if the respondent claims any
inferior tribunals and to compel them to observe right to the office and usurps, intrudes into or
the limitation of their jurisdictions. [HERRERA]
unlawfully holds it against the petitioner, quo
warranto is the proper remedy [FERIA]
GENERAL RULE: Prohibition does NOT ordinarily
lie to restrain an act which is already fait U.4.4. Injunctive Relief
accompli.
GENERAL RULE: The mere elevation of an
EXCEPTION: Writ of prohibition will lie to prevent
interlocutory matter through a petition for
the unlawful creation of a new province by those certiorari does not by itself merit a suspension of
in the corridors of power who could avoid judicial
the proceedings before a public respondent,
intervention and review by merely speedily and applying Sec. 7, Rule 65.
stealthily completing the commission of such
illegality [Tan v. COMELEC, G.R. No. 73155 The public respondent shall proceed with the
(1986)] principal case WITHIN 10 DAYS from filing of the
petition for certiorari with the higher court,
C. Mandamus
absent a TRO or preliminary injunction, or upon
A writ of mandamus will not issue to control the its expiration. Failure may be a ground for an
exercise of official discretion or judgment, or to administrative charge [AM No. 07-7-12-SC]
alter or review the action taken in the proper
exercise of the discretion of judgment, for the writ EXCEPTIONS:
cannot be used as a writ of error or other mode of (1) When a writ of preliminary injunction or TRO is
direct review. issued: The burden is on petitioner to show
that there are meritorious grounds, i.e. there

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is an urgent necessity in order to prevent U.4.6. Reliefs petitioner is entitled to


serious damage; or
(2) Judicial courtesy: Even if there is no injunction Reliefs
issued, lower court should defer to higher Petitioner may be entitled to:
court where there is a strong probability that (1) Injunctive relief – Court may may issue orders
the issues before the higher court would be expediting the proceedings, and it may also
rendered “moot and moribund as a result of grant a temporary restraining order or a writ
the continuation of the proceedings in the” of preliminary injunction for the preservation
court of origin. [Republic v. Sandiganbayan, of the rights of the parties [Sec. 7, Rule 65]
G.R. No. 166859 (2006)] (2) Incidental reliefs as law and justice may
require [Secs. 1-2, Rule 65]
U.4.5. Exceptions to filing of motion for (3) Other reliefs prayed to which the petitioner is
reconsideration before filing petition entitled [Sec. 8, Rule 65]

GENERAL RULE: An MR is an essential Prayers


precondition for the filing of a petition for (1) In certiorari
certiorari, prohibition, or mandamus. It is a plain, (c) That the judgment be rendered annulling
or modifying the proceedings of such
speedy, and adequate remedy. This is to enable
tribunal, board or officer; and
the lower court, in the first instance, to pass upon (d) Granting such incidental reliefs as law and
and correct its mistakes without the intervention justice may require [Rule 65, Sec. 1]
of the higher court (2) In prohibition
(a) That the judgment be rendered
EXCEPTIONS: commanding the respondent to desist
MR may be dispensed with in some cases: from further proceedings in the action or
(1) Where the order is a patent nullity matter specified; or
(2) Where questions raised in the certiorari (b) Otherwise granting such incidental reliefs
proceeding have been duly raised and passed as law and justice may require [Rule 65,
upon by the lower court, or are the same as Sec. 2]
those raised and passed upon in the lower (3) In mandamus
court (a) That the judgment be rendered
(3) Where there is urgent necessity for the commanding the respondent, immediately
resolution of the question and any further or at some other time to be specified by the
delay would prejudice the interests of the court, to do the act required to be done to
Government protect the rights of the petitioner; and
(4) Where under the circumstances, an MR would (b) To pay the damages sustained by the
be useless, as where the court had already petitioner by reason of the wrongful acts of
indicated that it would deny any motion for the respondent [Sec. 3, Rule 65]
reconsideration of its questioned order
(5) Where petitioner was deprived of due process U.4.7. Actions/Omissions of MTC/RTC in election
and there is extreme urgency for relief cases
(6) Where, in a criminal case, relief from an order
of arrest is urgent and granting such relief by In election cases involving an act or an omission
trial court is improbable of a municipal or regional trial court, the petition
(7) Where the proceedings in the lower court are [for certiorari, prohibition, or mandamus] shall be
a nullity for lack of due process
(8) Where the proceeding was ex parte or in which filed EXCLUSIVELY with the Commission on
the petitioner had no opportunity to object Elections, in aid of its appellate jurisdiction [Sec.
(9) Where the issue raised is one purely of law or 4, par. 3, Rule 65 as amended by AM No. 07-7-12-
where public interest is involved SC (2007)]
(10) Where the subject matter of the action is
perishable [Ombudsman v. Laja, G.R. No. U.4.8 When and where to file petition
169241 (2006)]

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Petition and contents (4) The existence of special or compelling


(1) A verified petition is filed in the proper court circumstances;
accompanied by: (5) The merits of the case;
(c) Certified true copy of the judgment, order, (6) A cause not entirely attributable to the fault
resolution subject thereof or negligence of the party favored by the
(d) Copies of all pleadings and relevant and suspension of the rules;
pertinent documents (7) A lack of any showing that the review sought
(e) Sworn certification of non-forum shopping is merely frivolous and dilatory;
(2) Contents of the petition (8) The other party will not be unjustly prejudiced
(a) Allegation of facts with certainty thereby;
(3) Prayer (9) Fraud, accident, mistake or excusable
negligence without appellant's fault;
Acquisition of juridiction (10) Peculiar legal and equitable
(1) If action is filed with the RTC: Follow rules on circumstances
ordinary civil actions. Jurisdiction is acquired
by: U.4.9 Effects of filing of an unmeritorious petition
(d) Service of summons to respondent or
(e) By his voluntary appearance in court The court may dismiss the petition if it finds the
(2) If the action is filed with the SC/CA: Court same patently without merit among other
acquires jurisdiction over respondents by: grounds.
(a) Service on them of its orders indicating its
initial action on the petition or U.5 QUO WARRANTO
(b) By their voluntary submission to such
jurisdiction
Literally means “by what authority”; a
Procedure prerogative writ by which the court can call upon
A petition for certiorari/ mandamus/ prohibition any person to show by what warrant he holds a
is filed public office or exercises a PUBLIC franchise.

When filed When the inquiry is focused on the legal existence


(a) Not later than 60 days from notice of of a body politic, the action is reserved to the
judgment/order/resolution State in a proceeding for quo warranto or any
(b) If a motion for reconsideration/new trial is other direct proceeding.
filed, the 60-day period shall be counted from
notice of denial of motion. Subject Matter
Public office, franchise, or position
Rule on Extension of Time for Filing
Against whom may the action be brought
GENERAL RULE: The sixty (60)-day period within (1) A PERSON who usurps, intrudes into, or
which to file a petition for certiorari under Rule 65 unlawfully holds or exercises a public office,
is non-extendible. position, or franchise;
(2) A PUBLIC OFFICER who does or suffers an
EXCEPTIONS: Under the following exceptional act, which, by provision of law, constitutes a
circumstances, the Court may extend the period ground for forfeiture of office; or
(3) An ASSOCIATION which acts as a corporation
according to its sound discretion:
within the Philippines without being legally
(1) Most persuasive and weighty reasons; incorporated or without lawful authority to
(2) To relieve a litigant from an injustice not act. [Sec. 1, Rule 66]
commensurate with his failure to comply with
the prescribed procedure; When Not Proper:
(3) Good faith of the defaulting party by
(1) Against persons who usurp an office in a
immediately paying within a reasonable time
private corporation [Calleja v. Panday, G.R.
from the time of the default;
No. 168696 (2006)]
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(2) Dispute as to the counting of votes or matters [Venue] [Jurisdiction]


connected with the conduct of the election
(the proper remedy is an election protest) (1) Commenced by (1) If against election
Sol. Gen.: (a) RTC of a Member of
[Cesar v. Garrido, G.R. No. L-30705 (1929)]
Manila, (b) CA or Congress,
(c) SC; Regional,
Jurisdiction
(2) Otherwise: (a) Provincial or City
(1) Original jurisdiction to issue the writ of quo
RTC with Officer: COMELEC
warranto is vested in the SC, CA, and RTC.
[CONST. art. VIII, sec. 5(1); Secs. 9 and 21, BP jurisdiction over (2) If against a
Blg. 129] territorial area municipal or
(2) Actions for quo warranto against corporations where barangay officer:
(as opposed to associations without authority) respondent appropriate RTC
with regard to franchises and rights granted resides, (b) CA or or MTC,
to them, as well as the dissolution of (c) SC respectively.
corporations now fall under the jurisdiction of Period for filing
the RTC [PD No. 902-A, in relation to Sec. 5.2,
RA No. 8799. SEC. REG. CODE, sec. 5.2.; Within 1 year from
Unilongo v. CA, G.R. No. 123910 (1999)] ouster or from the
(3) Usurpation of an office in a private Within 10 days after
time the right to the
corporation falls under the jurisdiction of the proclamation of results
SEC under PD No. 902-A, in relation to Sec. position arose. [sec.
5.2, RA No. 8799. 11]

Grounds (against occupants of public offices)


U.5.1. Distinguished from Quo Warranto in the
Omnibus Election Code (1) A person, who
usurps, intrudes
into or unlawfully
ROC Rule 66 OEC Sec. 253 holds or exercises
Filed by whom a public office,
position or
(1) Solicitor franchise;
(1) Ineligibility; or
General or Public (2) A public officer,
(2) Disloyalty to the
who does or
Prosecutor, (a) in Republic
suffers an act
behalf of the which, by
Republic [Rule provision of law,
66, sec. 2] or (b) constitutes a
upon the request ground for
or relation of forfeiture of
another person office. [sec. 1]
Any voter
[sec. 3]; or Effect
(2) Individual
claiming to be The occupant
entitled to a who was
The Court will oust the
public office or declared
person illegally
position usurped ineligible or
appointed and will
or unlawfully held disloyal will be
order the seating of
or exercised by unseated but
the person who was
another [sec. 5] the petitioner
legally appointed and
may be declared
Where filed entitled to the office.
the rightful
occupant of the
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office if the (3) A public utility may bring a quo warranto


action against another public utility which has
respondent is
usurped the rights of the former granted
disqualified and under a franchise [Cui v. Cui, G.R. No. 39773
the petitioner (1934)]
received the
second number Period to File
of votes The action must be commenced within 1 year
[Maquiling v. from the date after the cause of such ouster or the
COMELEC, G.R. right of the petitioner to hold such office or
No. 195649 position arose. [Sec. 11, Rule 66]
(2013)]
Laches does not attach and failure to file quo
warranto proceedings does not operate adversely
In sum, Rule 66 applies to quo warranto IN
against a dismissed government employee where
GENERAL, while election law governs quo
it was the act of responsible government official
warranto against SPECIFIED elective officials.
which contributed in the delay of filing of
U.5.2. When government may commence an complaint for reinstatement [Cristobal v. Melchor,
action against individuals G.R. No. L-43203 (1980)]

Reduction of Period
Through the Solicitor General or public
The court may reduce the period for filing and for
prosecutor
all other proceedings in the action to secure most
(1) Mandatory:
(a) When directed by the President; OR expeditious determination of the matters
(b) When upon complaint or otherwise he has involved therein, consistent with the rights of the
good reason to believe that any case in parties. [Sec. 8, Rule 66]
Sec. 1 [supra] can be established by proof.
[Sec. 2, Rule 66] U.5.4. Judgment in Quo Warranto Action
(2) Discretionary:
(a) Upon permission of the court; AND When respondent is found guilty, judgment shall
(b) At the request and upon the relation of
another person [ex relatione], provided be rendered:
officer bringing it may require an (1) That such respondent is ousted and
indemnity bond. altogether excluded therefrom; and
(2) That petitioner or relator, as the case may be,
U.5.3. When individual may commence an action recover his costs; and
(3) Court may further determine the respective
rights in and to the public office, position, or
If he claims to be entitled to the office or position franchise of all parties. [Sec. 9, Rule 66]
usurped or unlawfully held or exercised by
another. U.5.5. Rights of a person adjudged entitled to
(1) He may institute the action in his own name. public office
[Sec. 5, Rule 66]
(a) He does not have to secure the intervention Rights of persons adjudged entitled to office [Sec.
of the Solicitor General or public 10, Rule 66]:
prosecutor.
(b) No leave of court necessary. (1) Execution of the office after taking oath of
(2) He must aver and be able to show that he is office and executing any official bond required
entitled to the office in dispute, otherwise the by the law
action may be dismissed at any stage. (2) Demand from respondent all the books and
[General v. Urro, G.R. No. 191560 (2011)] papers appertaining to the office to which
judgment relates.

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• Respondent’s neglect or refusal to comply with


the demand is punishable by contempt U.6.1. Matters to allege in complaint for
(3) Bring an action for damages against expropriation
respondent for damages sustained by him by
reason of the usurpation. The verified complaint shall:
• Must be commenced within 1 year after entry of
(1) State with certainty the right and purpose of
judgment establishing petitioner’s right to
expropriation
the office in question [Sec. 11, Rule 66]
NOTE: Where the right of the plaintiff to
because it is not proper that the title to
public office should be subjected to expropriate is conferred by law, complaint
continued uncertainty, and the people’s does not have to state with certainty the right
interest requires that such right should be of expropriation [Manila Railroad Co. v. Mitchel
determined as speedily as practicale [Cuyo (1923)]
v. City Mayor, G.R. No. L-9912 (1957)] (2) Describe the real or personal property sought
to be expropriated
U.6 EXPROPRIATION (3) Join as defendants:
All persons owning or claiming to own, or
Eminent Domain is the right and authority of the occupying, any part thereof or interest therein,
State, as sovereign, to take private property for showing separate interest of each defendant,
public use upon observance of due process and as far as practicable
payment of just compensation. (4) Make the following averments, if needed:
(a) If title appears to be in the Republic,
It is in the nature of a compulsory sale to the although occupied by private individuals
(b) If title is otherwise obscure or doubtful so
State.
that plaintiff cannot with accuracy or
certainty specify who the real owners are
Requisites: [Sec. 1, Rule 67]
(a) The property must be private
(b) There must be due process of law Where to File
(c) Payment of just compensation RTC where property is located. MTC has no
(d) Taking must be for public use jurisdiction since an action for expropriation is
(e) There must be genuine necessity to take the
incapable of pecuniary estimation. [Barangay San
property [Manapat v. CA, G.R. No. 110478
(2007)] Roque v. Heirs of Pastor, G.R. No. 138816 (2000)]

There is taking when the expropriator enters The commencement of the complaint for
private property not only for a momentary period expropriation is necessary only when the owner
but for a more permanent duration for the does not agree to sell his property, or if he is
purpose of devoting the property to a public use willing to sell but does not agree with the price
in such a manner as to oust the owner and offered. [RIANO]
deprive him of all the beneficial enjoyment
thereof. [RP v. Sarabia, G.R. No. 157847 (2005)] U.6.2. Two stages in every action for expropriation

Public use means public usefulness, utility, or First Stage - Propriety of Expropriation:
advantage, or what is productive of the general Determination of the authority of the plaintiff to
benefit, so that any appropriation of private exercise the power of eminent domain and the
property by the State under its right of eminent propriety of its exercise in the context of the facts
domain, for purposes of great advantage to the involved. This ends with either:
community, is a taking for public use. [Reyes v. (1) An order of dismissal, or
(2) An order of expropriation
National Housing Authority, G.R. No.147511
(2003)] Second Stage - Just Compensation:
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Determination of the just compensation for the the property. Such officer shall promptly submit
property sought to be taken. [HERRERA] a report to the court with service of copies to
parties.
NOTE: Multiple appeals are allowed in
expropriation. Aggrieved party may appeal in NOTE: Preliminary deposit is only necessary if the
each stage separately. plaintiff desires entry on the land upon its
institution of the action. Otherwise, he could
U.6.3. When plaintiff can immediately enter into always wait until the order of expropriation is
possession of the real property, in relation to issued before it enters upon the land.
RA 8974
Once the preliminary deposit has been made, the
Plaintiff shall have the right to take or enter upon expropriator is entitled to a writ of possession as
possession of the real property upon: a matter of right, and the issuance of said writ
(1) Filing of complaint or at any time thereafter, becomes ministerial on the part of the trial court.
and after due notice to defendant and
[Biglang-Awa v. Bacalla, G.R. No. 139927 (2000)]
(2) Making preliminary deposit [Sec. 2, Rule 67]

Preliminary deposit [Sec. 2, Rule 67]: Republic Act No. 8974 (2000):
An Act to Facilitate the Acquisition of Right-of-
• Provide damages if court finds
Way, Site or Location for National Government
that the plaintiff has no right to
expropriate Infrastructure Projects and for Other Purposes
Purposes • Advance payment for just Sec. 2, Rule
compensation, if property is RA 8974
67
finally expropriated [Visayan
Refining Co. v. Camus (1919)] Only when
If Real Property: Equivalent to the national
assessed value of the property for Expropriation government
purposes of taxation. in general, for expropriates real
Value Scope both real and property for
If Personal Property: Value shall be personal national
provisionally ascertained and fixed properties government
by the court. infrastructure
projects
With the authorized government Government is
Where to depositary. (Amount is to be held by Government
deposit such bank subject to the orders of required to make
For writ of is required to
immediate
the court.) possession make
payment to owner
to issue preliminary
General Rule: Money. upon filing of
deposit
complaint
Exception: In lieu of money, court
Form of authorizes deposit of a certificate of Equal to the
Deposit deposit of a government bank of the Equal to market value of
Republic, payable on demand to the assessed the property as
Amount of
authorized government depositary. value of real stated in the tax
payment
property for declaration or
or deposit
purposes of current relevant
taxation zonal value of BIR,
After the deposit, court shall order sheriff or
whichever is
proper officer to place plaintiff in possession of
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higher, and value (2) Specifically he claims to have


of improvements designating/ide an interest in;
and/or structures ntifying the (2) Nature and
using replacement property in which extent of the
he claims to be interest; and
cost method interested (3) ALL his
objections and
defenses to the
Applicable Special Laws: complaint or any
(1) R.A. No. 8974 specifically governs allegation
expropriation for national government therein
infrastructure projects
Prohibited
(2) Sec. 19, Local Government Code governs the
exercise of the power of eminent domain by Counterclaim, cross-
LGUs through an enabling ordinance
claim, third party
U.6.4. New system of immediate payment of complaint in any
initial just compensation pleading
For the acquisition of right-of-way, site or
location for any national government U.6.5 Defenses and Objections [Sec. 3, Rule 67]
infrastructure project through expropriation,
upon the filing of the complaint, and after due Amended answers
notice to the defendant, the implementing A defendant waives all defenses and objections
agency shall immediately pay the owner of the not so alleged, but the court, in the interest of
property the amount equivalent to the sum of: justice, may permit amendments to the answer
(1) 100 percent of the value of the property based not to be made later than ten (10) days from filing
on the current relevant zonal valuation of the thereof.
BIR; and
(2) The value of the improvements and/or Effect of failure to file answer
structures as determined under Sec. 7 of R.A. Failure to file answer does not produce all
8974, supra [Sec. 4, RA 8974] consequences of default as in ordinary civil
actions:
With Objection to or (1) There is default as to the first stage of
No Objection to or
Defense against expropriation, supra; but
Defense against Taking
Taking (2) Said judgment is without prejudice to the
second stage, i.e. defendant still has the right
What to file and serve to present evidence on the just compensation
and to share in the distribution of the award.
Notice of appearance Answer to the [Robern Development Corporation v. Quitain,
and manifestation complaint G.R. No. 135042 (1999)]
Period to file U.6.6. Order of Expropriation [Sec. 4, Rule 67]
Time stated in the summons Order of Expropriation
Contents It is the order declaring that the plaintiff has
lawful right to take the property.
(1) Manifestation to (1) Specifically
the effect that he designating/iden When Issued
has no objection tifying the (1) Objections or defenses against the right of
or defense; property in which plaintiff to expropriate are overruled; or
(2) No party appears to defend the case
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(a) Designate the time and place of the first


Contents of the Order session of hearing to be held by
(1) That the plaintiff has a lawful right to take the commissioner
property sought to be expropriated: (b) Specify the time within which their report
(2) For the public use or purpose described in the shall be submitted to court
complaint; and (3) Procedures:
(3) Upon payment of just compensation (a) Copies of the Order shall be served on the
(a) To be determined as of the date of taking, parties
or (4) Objections to appointment:
(b) The filing of the complaint, whichever (a) Filed with the court within 10 days from
came first. service
(b) Objections shall be served to all
Remedy of Defendant commissioners
(c) Resolved within 30 days after all
Order of condemnation is final, not interlocutory.
commissioners shall have received copies
Hence, it is appealable.
Just Compensation
NOTE: Appeal shall not prevent court a quo from The full and fair equivalent of the property taken
determining just compensation. from its owner by the expropriator. Just
compensation means not only (1) the correct
Effects of the Order
determination of the amount to be paid but also
(1) Plaintiff not permitted to dismiss or
discontinue the proceeding, except on such the (2) payment of the land within a reasonable
terms as the court deems just and equitable; time from its taking. [Land Bank of the Phils. v.
and Obias, G.R. No. 184406 (2012)]
(2) Order forecloses any further objections to the
right to expropriate, including the public Market Value
purpose of the same. [Robern Development Sum of money which a person desirous but not
Corporation v. Quitain, G.R. No. 135042 compelled to buy, and an owner willing but not
(1999)]
compelled to sell, would agree on as a price to be
Multiple appeals are permitted in expropriation. given and received therefore. [BPI v. CA, G.R. No.
An appeal may be taken from the order 160890 (2004)]
authorizing expropriation and, thereafter,
When market value should be fixed:
another appeal on the judgment on the just
(1) If plaintiff takes possession before institution of
compensation to be paid. Thus, the reglementary proceedings: value fixed as of TIME OF
period to appeal shall be 30 days and a record on TAKING; or
appeal shall be required for each of the (2) If the taking coincides with or subsequent to the
permissible appeals [REGALADO] commencement of proceedings: value fixed as
of DATE OF FILING of the complaint
U.6.7. Ascertainment of Just Compensation [Sec.
5, Rule 67] U.6.8. Appointment of Commissioners;
Commissioner’s report; Court action upon
Upon rendition of the Order of Expropriation, the commissioner’s report
court issues an Order of Appointment.
Qualifications [Sec. 5, Rule 67]
Order of Appointment (1) Competent; and
(1) Court appoints not more than 3 (2) Disinterested
commissioners to ascertain and report to the
court the just compensation for the property Proceedings by commissioners [Sec. 6, Rule 67]
(2) Contents: (1) Oath: Commissioners shall first take and
subscribe an oath that they will faithfully

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perform their duties. Oath shall be filed in (a) Filing of objections to the report or of the
court together with other proceedings. agreement thereon of all interested
(2) Introduction of evidence: Evidence may be parties; OR
introduced by either party before the (b) Expiration of 10-day period to object from
commissioners who are authorized to the report
administer oaths on hearings before them (2) Court may:
(a) After hearing, accept the report and render
Duties of Commissioners [Sec. 6, Rule 67] judgment in accordance therewith;
(1) View and examine the property sought to be (b) Recommit to commissioners for further
expropriated and its surroundings, and may report of facts, for cause shown;
measure the same. (c) Set aside the report and appoint new
(a) Parties may agree not to have the property commissioners; OR
inspected. (d) Accept the report in part and reject in part;
(b) Due notice to parties to attend must first AND
be given. (e) Make such order or render such judgment
(c) After this, each party may argue the case. as shall secure the plaintiff (as to its right
(2) Assess the consequential damages to the to expropriate) and the defendant (as to
property not taken and deduct from such the his right to just compensation)
consequential benefits to be derived by
owner. The appointment of commissioners to ascertain
(a) Consequential benefits are those just compensation for the property sought to be
proximately resulting from the taken is a mandatory requirement in
improvements consequent to the
expropriation cases. [RIANO]
expropriation and accruing to the
remaining portion of the land. [REGALADO]
(b) In no case shall the consequential benefits The trial with the aid of the commissioners is a
assessed exceed the consequential substantial right that may not be done away with
damages. [Sec. 6] capriciously or for no reason at all. The absence
(c) In no case shall the owner be deprived of of such trial or hearing constitutes a violation of
the actual value of his property taken. [Sec. the right to due process [NPC v de la Cruz, G.R.
6] No. 156093 (2007)]
Report by Commissioners [Sec. 7, Rule 67]
U.6.9. Rights of plaintiff upon judgment and
(1) Commissioners shall make a full and accurate payment [Sec. 10, Rule 67]
report to the court of all their proceedings.
(2) Such proceeding shall not be effectual until
(1) Right to retain: Applies when plaintiff
court has accepted their report and rendered
immediately entered upon the property after
judgment in accordance with their
making the required deposit (and therefore
recommendations.
already has possession of the property),
(3) Report shall be filed within 60 days from date
supra, or
commissioners were notified of their
(2) Right to enter and appropriate: Applies when
appointment. Time may be extended by court
plaintiff does not take immediate possession
discretion,
of the property. Appropriation must be for the
(4) Upon filing, clerk shall serve copies of the
public use or purpose defined in the
Commissioners’ Report to all interested
judgment.
parties. Clerk includes a notice that parties
are allowed to file objections to the report
Conditions for exercise:
within 10 days from notice.
(1) Upon payment by plaintiff to defendant of
Action upon Commissioner’s report [Sec. 8, Rule compensation fixed by judgment, with legal
interest from taking; or
67]
(2) After tender to defendant of the said amount
(1) When court renders judgment: Upon and payment of the costs.

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N.B. If defendant or counsel absent themselves contract warrant the foreclosure, such as the
from the court or decline the amount violation of the other conditions therein.
tendered, the amount shall be deposited in
court and shall have the effect of actual Foreclosure may be made:
payment. (1) Judicially: governed by Rule 68
(2) Extrajudicially: proper only when so provided
Effect of Non-payment of Just Compensation in contracts in accordance with Act No. 3135;
governed by AM No. 99-10-05.
Non-payment of just compensation does not
entitle the private landowner to recover Venue
possession of the expropriated lots. However, in A foreclosure action must be brought in the RTC
cases where the government failed to pay just of the province where the land or any part thereof
compensation within 5 years from the finality of is situated.
judgment in the expropriation proceedings, the
owners concerned shall have the right to recover Contents of the Complaint: [Sec. 1, Rule 68]
possession of their property. [Yujuico v. Atienza, (1) The following dates:
G.R. No. 164282 (2005)] (a) Date and due execution of the real
mortgage;
U.6.10. Effect of recording of judgment (b) Date of the note or other documentary
evidence of the obligation secured by the
Contents of the Judgment [Sec. 13, Rule 67] mortgage;
(1) Statement of the particular property or (2) Its assignments, if any;
interest therein expropriated, with adequate (3) The following names and residences:
description; and (a) Of the mortgagor and mortgagee
(2) Nature of the public use or purpose for which (b) Of all persons having or claiming an
it is expropriated. interest in the property subordinate in the
right to that of the holder of the mortgage
When title to property vests: (4) Description of the mortgaged property
(5) Amount claimed to be unpaid
(1) If personal property, upon payment of just
compensation [Sec. 10, Rule 67]
Defendants in a judicial foreclosure:
(2) If real property, upon (i) payment of just
compensation and (ii) registration of property (1) Persons obliged to pay the mortgage debt
(by recording of the judgment in the registry (2) Persons who own, occupy, or control the
of deeds where the property is situated.) [Sec. mortgaged premises or any part thereof
13, Rule 67] (3) Transferee or grantee of the property
(4) Second mortgagee or junior encumbrancers
or any person claiming a right or interest in
U.7. FORECLOSURE OF REAL ESTATE
the property subordinate to the mortgage
MORTGAGE
sought to be foreclosed to foreclose their
equity of redemption
It is a proceeding by which the mortgagee or his But if the action is by the junior encumbrancer,
successors or one who has by law succeeded to first mortgagee MAY also be joined as
the rights and liabilities of the mortgagee defendant
undertakes to dispose of, to ban, to cut-off the (5) Mortgagor even if not owner of the mortgaged
legal and equitable claims of lien holders or of property should be included (to satisfy the
the mortgagors or those who have succeeded to deficiency).
the rights and liabilities of the mortgagor.
U.7.1. Judgment on foreclosure for payment or
sale [Sec. 2, Rule 68]
The cause of action in a foreclosure suit is
generally the non-payment of the mortgage loan,
but it may be on other grounds which under the

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It is the judgment of the court ordering the debtor It is the ministerial duty of the court to order the
to pay within 90-120 days from entry of judgment foreclosure of the property when the debt is not
after ascertaining the amount due to plaintiff. paid within the period specified.

The period of payment by the mortgagor is a A motion for such order of sale is non-litigable
mandatory directive and constitutes a and may be made ex parte. [Gov’t of the Phil.
substantive right of the mortgagor. It cannot be Islands v. De las Cajigas, G.R. No. L-33913 (1931)]
omitted in judicial foreclosure nor can the parties
by agreement change the procedure outlined. Limitation: Such sale shall not affect the rights of
[REGALADO] persons holding prior encumbrances upon the
property or a part thereof.
Contents
If upon trial, the facts set forth in the complaint If the order of foreclosure sale does not push
are true, the court shall: through, there is a need for re-publication and
(1) Ascertain the amount due to the plaintiff reposting of the notice thereof [Metrobank v.
upon the mortgage debt or obligation Nikko Resources Int’l Corp., G.R. No. 178479
including interests, other charges approved, (2009)]
and costs;
(2) Render judgment for the sum found due; Order of confirmation
(3) Order that the amount be paid to the court or
When confirmed by an order of the court, also
to judgment obligee within a period of not less
than 90 days but not more than 120 days from upon motion, it shall operate to divest the rights
entry of judgment. In default of such payment, in the property of all the parties to the action and
property shall be sold at public auction to to vest their rights in the purchaser, subject to
satisfy judgment. such rights of redemption as may be allowed by
law. [Sec. 3, Rule 67]
Multiple appeals
Multiple appeals are allowed under Rule 68. Confirmation of the sale of mortgaged real
(1) Judgment of foreclosure is appealable. property vests title in the purchaser including the
(2) Order confirming foreclosure sale is a final equity of redemption. It retroacts to the date of
disposition with respect to the issue of validity
the sale. It cuts off all the rights or interests of the
and regularity of the sale.
(3) Deficiency judgment is a disposition on the mortgagor and of the mortgagee. [Lonzame v.
merits of the correctness of such award. Amores, G.R. No. L-53620 (1985)].
[REGALADO]
The motion for the confirmation of the sale
U.7.2. Sale of mortgaged property; effect [Sec. 3, requires a hearing to grant an opportunity to the
Rule 68] mortgagor to show cause why the sale should not
be confirmed [Tiglao v. Botones, G.R. No. L-3619
When proper
(1951)] (e.g. by proof of irregularities therein,
When defendant fails to pay the amount of
gross inadequacy of the price, lack of notice
judgment within the period specified, the court
vitiates the confirmation of the sale). [REGALADO]
shall order the property to be sold.
Writ of Possession
How
GENERAL RULE: Upon the finality of the order of
By motion and under the provisions of Rule 39
confirmation or upon the expiration of the period
and other regulations governing sales of real
of redemption when allowed by law, the
estate under execution.
purchaser at the auction sale or last
redemptioner, if any, shall be entitled to the
possession of the property. [Sec. 3, Rule 67]

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If not, plaintiff shall be entitled to execution


EXCEPTION: Third party is actually holding the at such time as the balance remaining
same adversely to the judgment obligor. becomes due. [Sec. 6, Rule 68]

U.7.3. Disposition of proceeds of sale U.7.4.1. Instances when court cannot render
deficiency judgment
(1) Amount realized from the foreclosure sale,
less costs of the sale, shall be paid to the (1) Under the Recto Law [Art. 1484, par. 3, Civil
person foreclosing. Code].
(2) When there is a balance or residue after (2) When mortgagor is a non-resident and is not
paying the mortgage debt, the same shall be found in the Philippines. (Rationale: The
paid to junior encumbrancers in the order of proceeding would be procedurally infeasible
priority as ascertained by the court. as a deficiency judgment is in personam, and
(3) If there are no junior encumbrancers, the under this situation, jurisdiction over the
residue goes to the mortgagor or his obligor cannot be had. [RIANO])
authorized agent, or any other person entitled (3) When mortgagor dies, mortgagee may file his
to it. [Sec. 4, Rule 68] claim with the probate court. [Sec. 7, Rule 86]
(4) If mortgagor is a third party mortgagor but
U.7.4. Deficiency judgment [Sec. 6, Rule 68] not solidarily liable with debtor. [Phil. Trust
Co. v. Tan Suisa (1929)]
It is a judgment rendered by the court holding (a) No deficiency judgment may be rendered
defendant liable for any unpaid balance due to against owner who is not a mortgagor and
the mortgagee if the proceeds from the has not assumed personal liability for the
foreclosure sale do not satisfy the entire debt. debt.
[Sec. 6, Rule 68] (b) Remedy is ordinary action against debtor.
(5) In case of a mortgage debt due from the
estate of a deceased mortgagor and the
A motion for deficiency judgment may be made
mortgage creditor availed of the third remedy
only after the sale and after it becomes known which is to rely upon his mortgage alone and
that a deficiency exists. [Governor of the Philippine foreclosing the same within the statute of
Islands v. Torralba Vda. de Santos, G.R. No. 41573 limitations. [Sec. 7, Rule 86]
(1935)] (6) When the deficiency arises under an
extrajudicial foreclosure. The mortgagee can
NOTE: If the debtor dies, the deficiency may be recover by action (not by motion) any
filed as a claim against his estate. [Sec. 7, Rule deficiency in the mortgage account which was
not realized in the foreclosure sale. [PNB v. CA
86]
(1999)]
A deficiency judgment is an action in personam When there is a surplus instead of a deficiency
while a judgment of foreclosure is an action quasi It is the duty of the mortgagee to return to the
in rem. mortgagor any surplus in the selling price during
the foreclosure sale [Sulit v. CA, G.R. No. 119247
Procedure
(1997)]
(1) Judgment creditor files motion for deficiency
judgment.
U.7.5. Judicial foreclosure versus extrajudicial
(2) Court shall then render judgment against
defendant for any such balance for which he foreclosure
may personally be liable to plaintiff.
Judicial Foreclosure Extrajudicial Foreclosure
(3) Execution may then issue immediately if
balance is all due at the time of rendition of
judgment. Requires court No court intervention
intervention necessary

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There is only an Right of redemption Equity of Redemption Right of Redemption


equity of redemption exists
Right of the
Governed by Rule 68 Governed by Act 3135 defendant mortgagor
to extinguish the
Right of the debtor, his
No Deficiency mortgage and retain
successor in interest, or
There could be a Judgment because ownership of the
any judicial creditor of
Deficiency Judgment. there is no judicial property by paying
said debtor or any
proceeding. the secured debt
person having a lien on
within the 90 to 120-
the property
Recovery of Recovery of deficiency day period after entry
subsequent to the
deficiency can be is through an of judgment or even
mortgage.
done by mere motion. independent action. after the foreclosure
sale but prior to its
Mortgagor has a right confirmation
No right of to redeem the property
Period is 90-120 days
redemption, only within one year from
equity of redemption registration of the deed after entry of
Period is 1 year from
of sale judgment or even
date of registration of
after foreclosure sale
certificate of sale
Exception: but prior to
In case of extrajudicial confirmation
foreclosure, juridical
Exception: Mortgagor persons shall have the Governed by Sec. 29-31,
Governed by Rule 68
may exercise right of right to redeem until, Rule 39
redemption within but not after, the
one year after the registration of the NOTE: What Rule 68, secs. 2-3 provide for is the
sale, when the loan or certificate of mortgagor’s EQUITY of redemption.This may be
credit foreclosure sale with exercised by him even beyond the period to pay
accommodation is the Register of Deeds the judgment obligation (i.e. 90-120 days) and
granted by a bank. which in no case shall even after the foreclosure sale itself, provided it
[Sec. 47, General be more than 3 months be before the order of the confirmation of sale.
Banking Law (2000)] after foreclosure, [Rosales v. Alfonso (1999)]
whichever is earlier.
[Sec. 47, General U.8 PARTITION
Banking Law (2000)]
It is the process of dividing and assigning the
property owned in common among the various
U.7.6. Equity of redemption versus right of co-owners thereof in proportion to their
redemption respective interests in said property.

Equity of Redemption is the right of the defendant Partition may be:


mortgagor to extinguish the mortgage and retain (1) Judicial – Procedure is Rule 69
(2) Extrajudicial – No court intervention require
ownership of the property by paying the secured
debt within the 90 to 120 day period after entry of The partition of property may be made voluntarily
judgment or even after the foreclosure sale but (by agreement) or compulsorily under the Rules.
prior to its confirmation. Even if the parties had resorted to judicial

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partition, they may still make an amicable An action for partition is not a conveyance of
partition of the property. [Sec. 12, Rule 69] property. [Heirs of Urieta, Sr. v. Heirs of Urieta
(2011)] Because the controversy in partition is
An action for partition and accounting under Rule whether or not the plaintiff has a right to
69 is in the nature of an action quasi in rem. Such partition, the issue is incapable of pecuniary
an action is essentially for the purpose of estimation. [RIANO]
affecting the defendant’s interest in a specific
property and not to render a judgment against Parties
him. (1) The plaintiff is the person who is supposed to
be a co-owner of the property. [RIANO]
When partition can be done (2) Defendants are (i) all the co-owners, who are
GENERAL RULE: The right to demand partition is indispensable parties, and (ii) all other
persons having an interest in the property [Id.,
imprescriptible because prescription does not run
citing MORAN]
against a co-owner. No co-owner shall be obliged
to remain in the co-ownership. U.8.2 Matters to allege in the complaint for
partition
EXCEPTION: If a co-owner asserts adverse title to
the property, in which case, period of prescription Contents [Sec. 1, Rule 69]
runs from such time of assertion of adverse title. (1) Nature and extent of his title
[De Castro v. Echarri, G.R. No. 5609 (1911)] (2) Adequate description of the real estate
sought to be partitioned
When partition cannot be done (3) Joining of Defendants – All other persons
(1) When there is a stipulation against it, not interested in the property
exceeding 10 years; [Art. 494, Civil Code] (4) Demand for accounting of the rents, profits,
(2) When partition is prohibited by the donor or and other income from the property to which
testator for a period not exceeding 20 years; he may be entitled to as his share. [Sec. 8]
[Arts. 494, 1083, Civil Code] Since these cannot be demanded in another
(3) When partition is prohibited by law (e.g. ACP, action (because they are part of the cause of
party wall); [Art. 494, Civil Code] action for partition), they are barred if not set
(4) When the property is not subject to a physical up. [RIANO]
division and to do so would render it
unserviceable for the use for which is it U.8.3. Two stages in every action for partition
intended; [Art. 495, Civil Code] or
(5) When the condition imposed upon voluntary First stage - Determination of the propriety of
heirs before they can demand partition has partition
not yet been fulfilled. [Art. 1084, Civil Code] This involves a determination of whether the
subject property is owned in common and
U.8.1. Who may file complaint; who should be
whether all the co-owners are made parties in the
made defendants [Sec. 1, Rule 69]
case. [See Lacbayan v. Samoy, G.R. No. 165427
(2011)]
Who may file
A person having the right to compel the partition
The order may also require an accounting of rents
of real estate, or of personal property, or both real
and profits recovered by the defendant. This
and personal property [Sec. 1, Rule 69]
order of partition is appealable. [Miranda v. Court
Venue and Jurisdiction of Appeals, G.R. No. L-33007 (1976)]
An action for partition should be filed in the RTC
If not appealed, then the parties may partition the
of the province where the property or part thereof
common property in the way they want. If they
is situated.
cannot agree, then the case goes into the second
stage. However, the order of accounting may in
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the meantime be executed. [De Mesa v. CA, G.R. If parties fail to agree on the manner of partition,
No.109387 (1994)] commissioners are appointed to make partition.
[Sec. 3, Rule 69]
Second stage - Actual partitioning of the subject
property Procedure
This is also a complete proceeding and the order The court appoints not more than 3 competent
or decision is appealable. and disinterested commissioners to make the
partition. [Sec. 3, Rule 69]
When there was a prior partition, the fact that the
share of each co-heir has not been technically Oath of Commissioners [Sec. 4, Rule 69]
described and the title over the whole lot remains Before entering into their duties, commissioners
uncancelled does not negate such partition. shall take and subscribe an oath that they will
faithfully perform their duties as commissioners.
There can be no partition again because there is Such oath is to be filed in court.
no more common property. [Noceda v. CA, G.R.
No. 119730 (1999)] Duties of Commissioners [Sec. 4, Rule 69]
(1) They shall view and examine real estate, after
The action for partition is subject to multiple due notice to parties to attend at such view
appeals and would require a record on appeal and examination;
[Roman Catholic Archbishop of Manila v. CA, G.R. (2) They shall hear the parties as to their
No. 77425 (1991)] preference in the portion to be set apart to
them;
(3) They shall also determine the comparative
U.8.4. Order of partition and partition by
value thereof; and
agreement (4) They shall set apart the same to the parties in
lots or parcels as will be most advantageous
Order of partition and equitable considering the improvements,
The court issues an order of partition AFTER the situation, and quality of the parts thereof.
trial and the court finds that the plaintiff has a
right to partition. The provision authorizes the commissioners
merely to make or effect the partition. It does not
The parties may make the partition proper
grant them the authority to adjudicate on
themselves, by agreement: [Sec. 2, Rule 69]
questions of title or ownership. [RIANO]
(1) After the issuance of the order of partition, the
parties will be asked if they agree to make
Assignment of real estate to one party
partition of the property among themselves.
(2) If they agree, proper instruments of GENERAL RULE: If the commissioners should
conveyance will be executed to effect the determine that the real estate cannot be divided
partition. without prejudice to the interests of the parties,
(3) After the execution of instruments of the court may order that the property be assigned
conveyance, the court shall confirm the to one of the parties willing to take the same
partition through a final order. provided he pays to the other parties such
(4) The final order of partition and the
amounts as the commissioners deem equitable.
instruments of conveyance shall be registered
with the Registry of Deeds where the property
is situated. EXCEPTION: If one of the parties asks that the
property be sold instead of being so assigned,
U.8.5. Partition by commissioners; Appointment then the court shall order the commissioners to
of commissioners, Commissioner’s report; Court sell the real estate at public sale under such
action upon commissioner’s report conditions and within such time as the court may
determine [Sec. 5, Rule 69]
When proper
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Requisites: Judgment shall state


(1) Assignment is in favor of one of the parties, definitely, by metes Judgment shall vest in
not to 3rd persons
and bounds and each party to the
(2) Payment to the other parties
(3) Amount to be paid is based on the amounts adequate description, action in severalty the
which the commissioners deem equitable the particular portion portion of the real
(4) Other interested parties do not ask the court of the real estate estate assigned to
that the property be sold instead. assigned to each him.
party.
Commissioner’s Report [Sec. 6, Rule 69]
Commissioners shall make a full accurate report If the whole property Is assigned to one of the
to the court on: parties after payment
(1) All proceedings as to the partition, or
(2) The assignment of real estate to one of the Judgment shall vest in
Judgment shall state
parties, or the party making the
the fact of such
(3) The sale of the same. payment the whole of
payment and of the
the real estate free
Upon filing of Commissioner’s Report: assignment of the real
from any interest on
Clerk shall serve copies on all interested parties estate to the party
the part of the other
with notice that they are allowed to file objections making the payment.
parties.
within 10 days upon receipt of notice. [Sec. 6, Rule
69] If property is sold and sale is confirmed by the
court
Hearing on the report [Sec. 7, Rule 69]
Judgment shall state
(1) When Conducted:
(a) Upon expiration of the 10 day period for the name of the Judgment shall vest
filing objections; or purchaser or the real estate in the
(b) Even before expiration but after the purchasers and a purchaser(s), making
interested parties have filed their definite description of the payment(s) free
objections or their statement of agreement the parcels of real from the claims of any
therewith estate sold to each parties to the action.
(2) The court may:
purchaser
(a) Accept the report and render judgment in
accordance therewith; or
(b) Recommit the same to commissioners for A certified copy of the judgment shall in either
further report of facts, for cause shown; or case be recorded in the registry of deeds of the
(c) Set aside the report and appoint new place in which the real estate is situated.
commissioners; or
(d) Accept the report in part and reject in part;
U.8.7. Partition of personal property
and
(e) Make such order and render such The provisions of Rule 69 shall apply to partitions
judgment as shall effectuate a fair and just of estates composed of personal property, or of
partition of the real estate, or of its value, if both real and personal property, insofar as the
assigned or sold same may be applicable. [Sec. 13, Rule 69]

U.8.6. Judgment and its effects [Sec. 11, Rule 69] U.8.8. Prescription of action
The right of action to demand partition does not
Contents of Judgment Effects of Judgment prescribe [De Castro v. Echarri, G.R. No. 5609
(1911)], except where one of the interested parties
If actual partition is properly made
openly and adversely occupies the property
without recognizing the co-ownership [Cordova v.

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Cordova (1958)] in which case, acquisitive Plaintiff must prove


prescription may set in. that he was in prior
Plaintiff need not have
physical possession of
If a co-owner repudiates the co-ownership and been in prior physical
the premises until he
makes known such repudiation to the other co- possession.
was deprived thereof
owners, then partition is no longer a proper
by defendant.
remedy of the aggrieved co-owner. He should file
an accion reivindicatoria, which is prescriptible. The 1-year period is
Period is counted from
[Roque v. IAC, G.R. No. 75886 (1988)] generally counted
the date of last letter of
from date of actual
demand.
U.9. FORCIBLE ENTRY AND UNLAWFUL entry on land.
DETAINER
The issue centers on
The issue centers on
whether the
Ejectment cases are summary proceedings who was in prior
defendant’s right to
intended to provide an expeditious means of possession de facto.
possess has expired or
protecting actual possession of property.
not.
[Tubiano v. Razo, G.R. No. 132598 (2000)]

Rationale: The owners of property have no


authority to use force and violence to eject In ejectment cases, possession means nothing
alleged usurpers who were in prior physical more than actual physical possession, not legal
possession of it. They must file the appropriate possession in the sense contemplated in civil law
action in court and should not take the law in [Antazo v. Doblada, G.R. No. 178908 (2010)]
their own hands.
In order to constitute force, the act of going to the
U.9.1 Definitions and distinctions [Riano] property and excluding the lawful possessor
necessary implies the exertion of force over the
property which is all that is necessary and
Forcible Entry Unlawful Detainer
(Detentacion) (Desahucio) sufficient to show that the action is based on Sec.
1, Rule 70. [Bunyi v. Factor, G.R. No. 172547
Possession is (2009)]
Possession of land by inceptively lawful but it
defendant is unlawful becomes illegal by U.9.2. Distinguished from accion publiciana and
from the beginning as reason of the accion reivindicatoria
he acquires termination of his right
possession by force, to possession of the The Three Kinds of Action for Recovery of
intimidation, strategy, property under his Possession
threat, or stealth contract (express or Accion Accion Accion
(FISTS). implied) with the Interdictal Publiciana Reivindicatoria
plaintiff.
Summary A plenary
No previous demand action for action for An action for
for defendant to Demand is recovery of recovery of recovery of
vacate the premises is jurisdictional. physical real right of possession
necessary. possession possession based on
where the when ownership
dispossession dispossession

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has not lasted has lasted for Exclusive original jurisdiction over forcible entry
for more than more than and unlawful detainer suits is with the MTC. [Sec.
1 year one year 33(2), BP 129]

Amount of rents and damages claimed does not


Issue involves Issue involves affect the jurisdiction of the MTC because they
Issues is determination ownership are only incidental or accessory to the main
possession de of who has (and action.
facto better right to consequently,
possession possession) However, municipal courts have no jurisdiction
over a forcible entry/unlawful detainer case
Real action involving agricultural tenants. Jurisdiction is with
Real action Real action the HLURB.
In personam In personam Quasi in rem
U.9.4. Who may institute the action and when;
All cases of against whom the action may be maintained
forcible entry
and unlawful (1) In Forcible Entry:
RTC has jurisdiction if value of
detainer, A person deprived of possession of any land or
the property exceeds P20,000 building by force, intimidation, strategy,
irrespective of
outside Metro Manila or threat, or stealth.
the amount of
P50,000 within Metro Manila.
damages or (2) In Unlawful Detainer:
unpaid (a) Lessor, vendor, vendee or other person
MTC has jurisdiction if value of against whom any land or building is
rentals
property does not exceed the unlawfully withheld; or
sought to be (b) His legal representatives or assigns. [Sec.
above amounts. [B.P. Blg. 129,
recovered 1, Rule 70]
as amended]
should be
brought to the Period of filing
MTC. Within ONE (1) year after such unlawful
deprivation or withholding of possession. [Sec. 1,
Rule 70]
U.9.3. How to determine jurisdiction in accion
publiciana, accion reivindicatoria and accion Reckoning points:
interdictal (1) For forcible entry, it is counted from date of
entry or taking of possession;
Exception: In case of stealth or strategy, from
Accion publiciana and Accion reivindicatoria
the time plaintiff learned of entry. [Vda. de
(1) RTC has jurisdiction where the assessed value
of the property exceeds P20,000 or, in Metro Prieto v. Reyes, G.R. No. L-21740 (1965)]
Manila, P50,000; (2) For unlawful detainer, it is counted from:
(2) MTC has jurisdiction if the assessed value (a) Date of last demand to vacate in case of
does not exceed said amounts. [Secs. 19, 33, non-payment of rent or non-compliance
BP 129, as amended] with conditions of the lease; or
(b) Date of notice to quit, in case of tacit
Where the basic issue is not possession but renewal of lease; or
interpretation, enforcement and/or rescission of (c) Date of revocation of the permit in case of
occupancy on mere tolerance or under
the contract, the same is no longer an ejectment
temporary permit.
suit. [Villena v. Chavez, G.R. No. 148126 (2003)]
Against whom may the action be maintained [Sec.
Accion interdictal 1, Rule 70]
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Person or persons unlawfully withholding or filed within 1 year or 5 days, in case


depriving of possession, or any person/s claiming from of buildings
under them. dispossession. (3) That the
complaint is filed
• Action may be maintained only against one in within 1 year from
possession at the commencement of the last demand.
action. [Romullo v.
• Tenant with right of [de facto] possession may Samahang
bring action against another tenant. Magkakapitbahay,
• Vendor may bring action for ejectment against G.R. No. 180687
vendee upon failure to pay installments. (2010)]
• Action may lie against the very owner of the
property.
• Action may be maintained against government Mere failure to pay rent does not ipso facto make
officials or agents acting in behalf of the unlawful the tenant’s possession. It is the
government, even if government is not made a demand to vacate and refusal to vacate which
party to the action. [REGALADO] makes unlawful the withholding of possession
[Canaynay v. Sarmiento, G.R. No. L-1246 (1947)]
U.9.5. Pleadings allowed
U.9.6. Action on the complaint
(1) Complaint
(2) Compulsory Counterclaim pleaded in the Motu proprio dismissal
answer
(3) Cross-claim pleaded in the answer From the examination of allegations in the
(4) Respective answers. [Sec. 4, Rule 70] complaint and evidence attached thereto, the
court may dismiss the case outright on any
NOTE: Pleadings must be VERIFIED. [Sec. 4, Rule grounds mentioned in Rule 16. [Sec. 5, Rule 70]
70]
Issuance of summons
What must be alleged in the complaints: If there is no ground for dismissal, court issues
summons. [Sec. 5, Rule 70]]
Forcible Entry Unlawful Detainer

(1) That plaintiff was (1) That defendant is Answer


in prior physical unlawfully Defendant shall file his answer within 10 days
possession of the withholding from service of summons. [Sec. 6, Rule 70]]
property in possession from
litigation until he plaintiff because Effect of failure to answer
was deprived his right to Court shall render judgment, motu proprio or
thereof by possess had upon motion. [Sec. 7, Rule 70]
defendant expired
(1) Judgment is limited to what is prayed for in
(2) That the (2) That landlord has
the complaint.
dispossession made a demand
(2) Court may reduce the amount of damages
was through upon tenant to
and attorney’s fees claimed
FISTS. [NOTE: comply with the
(a) For being excessive or otherwise
First two terms of the
unconscionable
requirements are contract and to
(b) In the exercise of its discretion
jurisdictional return the
(c) No prejudice to applicability of Sec. 3(c),
[Abad v. Farrales, possession of the
Rule 9 if there are 2 or more defendants
G.R. No. 178635 property, and that
(2011)] the tenant failed
Preliminary conference
(3) That the to satisfy the
complaint was demand within 15

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Preliminary conference shall be held not later No. 110174 (1998)] (Since it is not based on
than 30 days after filing of last answer. [Sec. 8, failure to pay or comply with the conditions
Rule 70]] [see Sec. 2].)

Submission of affidavits and position papers It is only where defendant fails to comply with the
Affidavits and position papers are to be demand within the periods provided by Sec. 2 will
submitted within 10 days from receipt of the his possession become unlawful.
Order stating the matters taken in the
A demand to pay or vacate does not give rise to a
preliminary conference. [Sec. 10, Rule 70]]
cause of action for unlawful detainer. [Peñas v.
Judgment CA, G.R. No. 112734 (1994)]
Court shall render judgment within 30 days after
A person who occupies the land of another at the
receipt of affidavits and position papers or the
latter's tolerance or permission, without any
expiration of the period for filing the same. [Sec.
contract between them is necessarily bound by
11, Rule 70]]
an implied promise that he will vacate upon
U.9.7. When demand is necessary demand, failing which, an action for unlawful
detainer may be instituted against him. [Dakudao
v. Consolacion, G.R. No. L-54753 (1983)]
General Rule: In unlawful detainer cases, a prior
written demand against the lessee is required
Demand is not required in forcible entry suits.
before the lessor can proceed against him. [Sec.
2, Rule 70]
U.9.8. Preliminary injunction and preliminary
mandatory injunction
Contents
The demand must be two-fold:
(1) To (a) pay or (b) comply with the conditions of Court may grant preliminary injunction in
the lease; and accordance with Rule 58 to prevent defendant
(2) To vacate. from committing further acts of dispossession
against plaintiff. [Sec. 15, Rule 70]
Form
(1) By service of written notice of such demand There is no distinction as to the type of ejectment
upon the person found on the premises; [Sec. case involved.
2, Rule 70]
(2) By posting of the written notice on the While a preventive injunction is governed by Rule
premises if no person is found there; [Sec. 2,
58, mandatory injunction is governed by the rules
Rule 70] or
(3) Oral. [Jakihaca v. Aquino, G.R. No. 83982 in Rule 70.
(1990)]
Preliminary mandatory injunction
Period to comply with demand Possessor may present a motion for issuance of
Lessor may file unlawful detainer suit if lessee preliminary mandatory injunction in the action for
fails to comply with the demand: forcible entry or unlawful detainer within 5 days
(1) After 15 days in the case of lands; or from filing of complaint to restore him in his
(2) After 5 days in case of buildings. [Sec. 2, Rule possession. Court shall decide the motion within
70] 30 days from filing. [Sec. 15, Rule 70]

When demand not required: When available


(1) When parties stipulate that demand shall not (1) At the start of the action; [Sec. 15, Rule 70]
be necessary [Sec. , Rule 70]; or
(2) When the action is predicated on the
expiration of the lease. [Labastida v. CA, G.R.
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(2) On appeal to the RTC upon motion of plaintiff (5) Where the question of who has prior
within 10 days from perfection of appeal. [Sec. possession hinges on the issue of who is the
20, Rule 70] real owner:
(a) The inferior court may resolve issue of
NOTE: The injunction on appeal is to restore to ownership, but such pronouncement is
plaintiff in possession: merely provisional.
(1) If the court is satisfied that the defendant’s (b) It does not bar or prejudice an action
appeal is frivolous or dilatory; or between the same parties involving title.
(2) That the appeal of plaintiff is prima facie [Refugia v. CA, G.R. No. 118284 (1996)]
meritorious. [Sec. 20, Rule 70]
Judgment for ejectment cannot be enforced
MTC can also issue a preliminary mandatory against a co-owner who was not made a party to
injunction in an unlawful detainer case. [Day v. the action. [Cruzcosa v. Concepcion, G.R. No. L-
RTC of Zamboanga, G.R. No. 71119 (1990)] 11146 (1957)]

Preliminary preventive injunction U.9.10. How to stay immediate execution of


Preliminary preventive injunction is available in judgment [Sec. 19, Rule 70]
either case. Note that Sec. 15 makes the
Judgment of MTC
provisions of Rule 58 applicable to Rule 70. GENERAL RULE: Judgment of the MTC against
defendant in ejectment cases is immediately
U.9.9. Resolving the defense of ownership
executory.
Under Sec. 33(2), BP Blg 129, when in an EXCEPTION:
ejectment suit, the defendant raises the question (1) The defendant perfects his appeal;
of ownership in his pleadings, and the issue of (2) He files a sufficient supersedeas bond to pay
ownership, the MTC nevertheless has undoubted the rents, damages, and costs accruing down
competence to resolve the issue of ownership to the time judgment appealed from; and
only to determine the issue of possession. Hence: (3) He deposits with the appellate court:
(a) The amount of rent due from time to time
under the contract, or
(1) Primary rule is that the principal issue must be
(b) In the absence of contract, he shall deposit
that of possession.
with the RTC the reasonable value of the
(c) Ownership is merely ancillary.
use and occupation of premises for the
(d) Issue of ownership may be resolved but
preceding month or period determined by
only for the purpose of determining the
judgment on or before the 10th day of each
issue of possession.
succeeding month or period [Chua v. CA,
(2) It must sufficiently appear from allegations of
G.R. No. 113886 (1998)]
the complaint that what plaintiff really and
primarily seeks is restoration of possession.
All of these requisites must concur. The deposit is
(3) Inferior court cannot adjudicate on the nature
of ownership where relationship of lease has a mandatory requirement; hence, if it is not
been sufficiently established complied with, execution will issue as a matter of
(a) Unless it be proven that there has been a right. [Antonio v. Geronimo, G.R. No. 124779
subsequent change in or termination of (2005)]
that relationship between parties.
(4) In forcible entry, a party who can prove prior Judgment of the RTC
possession can recover such possession even The judgment of the Regional Trial Court against
against the owner himself.
(a) Hence, if prior possession may be the defendant shall be immediately executory,
ascertained in some other way, the inferior without prejudice to a further appeal that may be
court cannot intrude into the issue of taken therefrom. [Sec. 21, Rule 70]
ownership.
U.9.11. Summary procedure, prohibited pleadings
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to protect and preserve the dignity of the court,


GENERAL RULE: All actions for forcible entry and the solemnity of the proceedings, and
unlawful detainer shall be governed by the administration of justice. [Montenegro v.
summary procedure of Rule 70, irrespective of the Montenegro, G.R. No. 156829 (2004)]
amount of damages or unpaid rentals sought to
be recovered. [Sec. 3, Rule 70] Contempt proceedings have a dual function: (a)
vindication of public interest by punishment of
EXCEPTIONS: contemptuous conduct; and (b) coercion to
(1) In cases covered by the agricultural tenancy compel the contemnor to do what the law
laws; or
requires him to uphold the power of the Court,
(2) When the law otherwise expressly provides.
[Sec. 3, Rule 70] and also to secure the rights of the parties to a
suit awarded by the Court. [Regalado v. Go, G.R.
Prohibited pleadings [Sec. 13, Rule 70] No. 167988 (2007)]
(1) Petition for relief from judgment;
(2) Petition for certiorari, mandamus, or U.10.1. Kinds of Contempt
prohibition against any interlocutory order
issued by the court; According to Nature
(3) Reply; (1) Criminal contempt: Conduct directed against
(4) Third-party complaints; the authority and dignity of the court or a
judge acting judicially.
Prohibited motions [Sec. 13, Rule 70] (2) Civil contempt: Failure to do something
(1) Motion to dismiss; only to exceptions: ordered to be done by a court or by a judge for
(a) Lack of jurisdiction over subject matter; or the benefit of the opposing party. [Lorenzo
(b) Failure to comply with conciliation, when Shipping v. Distribution Management, G.R.
such is required; No. 155849 (2011)]
(2) Motion for bill of particulars;
(3) Motion for new trial, reconsideration of a
judgment, or reopening of trial; Criminal Contempt Civil Contempt
(4) Motion for extension of time to file pleadings, Punitive in nature Remedial in nature
affidavits, or other paper;
(5) Memoranda; Purpose is to provide a
(6) Motion to declare defendant in default; remedy for an injured
(7) Dilatory motions for postponement; Purpose is to preserve
suitor and to coerce
(8) Interventions. the court’s authority
compliance with an
and to punish for
U.10 CONTEMPT order; for the
disobedience of its
preservation of the
orders
Contempt of court is disobedience to the court by rights of private
acting in opposition to its authority, justice, and persons
dignity. It signifies not only a willful disregard or
disobedience to the court’s orders but also Intent is necessary Intent is not necessary
conduct tending to bring the authority of the
Instituted by the
court and administration of law into disrepute, or,
aggrieved party, or his
in some manner, to impede the due
State is the real successor, or someone
administration of justice. [Siy v. NLRC, G.R. No.
prosecutor who has a pecuniary
158971 (2012)]
interest in the right to
be protected
The power to declare a person in contempt of
court and in dealing with him accordingly is an
inherent power of the court. It is used as a means
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Proof required is more


Proof required is proof Contempt, whether direct or indirect, may be civil
than mere
beyond reasonable or criminal depending on the nature and effect of
preponderance of
doubt contemptuous act.
evidence

If accused is If judgment is for The real character of the proceedings in


acquitted, there can respondent, there can contempt cases is to be determined by the relief
be no appeal be an appeal sought or by the dominant purpose. The
proceedings are to be regarded as criminal when
According to Manner of Commission the purpose is primarily punishment, and civil
(1) Direct contempt: Act committed in the when the purpose is primarily compensatory or
presence of or so near the court or judge as remedial. [Montenegro v. Montenegro, G.R. No.
to obstruct or interrupt the proceedings G.R. No. 156829 (2004)]
before the same.
(2) Indirect contempt: One not committed in the U.10.2. Purpose and nature of each
presence of the court. It is an act done at a
distance which tends to belittle, degrade, DIRECT CONTEMPT
obstruct, or embarrass the court and justice. For a person to be adjudged guilty of direct
[Lorenzo Shipping v. Distribution contempt, he must commit a misbehavior in the
Management, G.R. No. 155849 (2011)]
presence of or so near a judge as to interrupt the
administration of justice. [SBMA v. Rodriguez,
Direct Contempt Indirect Contempt G.R. No. 160270 (2010)]
Committed in the Not committed within
presence of or so near the presence of the Grounds
a court court (1) Disrespect toward the court;
(2) Offensive personalities toward others;
There is charge and (3) Refusal to be sworn or answer as witness or
Summary in nature subscribe an affidavit or deposition when
hearing
lawfully required to do so;
Punishment: Punishment: (4) Misbehavior in the presence of or so near a
If committed against If committed against court as to obstruct or interrupt the
proceedings; or [Sec. 1, Rule 71]
the RTC: Fine of not RTC: Fine not
exceeding P2,000 exceeding P30,000
Other examples:
and/or imprisonment and/or imprisonment
(1) Willful and deliberate forum shopping [Sec. 5,
not exceeding 10 days not exceeding 6 Rule 7]
or both months or both (2) Submission of pleadings containing
If committed against If committed against derogatory, offensive, and malicious
the MTC: Fine not MTC: Fine not statements submitted to the court [Re: Letter
exceeding P200 and exceeding P5,000 of Atty. Noel Sorreda, AM No. 05-3-4-SC
(2005)]
or imprisonment not and/or imprisonment
exceeding 1 day or not exceeding 1 month Procedure
both or both Summarily adjudged in contempt by such court.
Remedy is certiorari or
Remedy is appeal INDIRECT CONTEMPT [Sec. 3, Rule 71]
prohibition

Otherwise known as Otherwise known as (1) Misbehavior of an officer of a court in the


Contempt in Facie Constructive performance of his official duties or in his
Curiae Contempt official transactions.

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(2) Abuse of or any unlawful interference with May be appealed to the proper court as in
processes or proceedings of a court not criminal cases, but execution shall not be
constituting direct contempt. suspended until bond is filed. [Sec. 11, Rule 71]
(3) Disobedience or resistance to lawful writ,
process, order, or judgment of a court, or any
Generally, a non-party may not be liable for
unlawful intrusion to any real property after
being ejected. contempt unless he is guilty of conspiracy with
(4) Failure to obey subpoena duly served. any of the parties in violating the court’s orders.
(5) Assuming to be an attorney or officer of a [Desa Ent. Inc. v. SEC, G.R. No. L-45430 (1982)]
court, and acting as such without authority.
(6) Improper conduct tending to impede, A contempt proceeding, whether civil or criminal,
obstruct, or degrade administration of justice. is still a criminal proceeding, hence, acquittal is a
(7) Rescue, or attempted rescue, of a person or bar to a second prosecution. The distinction is for
property in custody of an officer.
the purpose only of determining the character of
(8) Failure of counsel to inform the court of the
death of his client. [RIANO, since it constitutes the punishment to be administered. [Santiago v.
improper conduct tending to impede the Anunciacion, G.R. No. 89318 (1990)]
administration of justice.]
Penalties [Sec. 7, Rule 71]
3.21.10.3. Remedy against direct contempt; Offense Penalty
penalty
Fine not exceeding
(1) He cannot appeal, but he may file certiorari or If against RTC, or court P30,000 and/or
prohibition.
of equivalent or higher Imprisonment not
(2) Execution of judgment shall be suspended
pending resolution of such petition, provided: rank exceeding 6 month, or
(a) He files a bond fixed by the court which both
rendered judgment; and
(b) Conditioned that he will abide by and Fine not exceeding
perform the judgment should the petition P500, and/or
If committed against
be decided against him. [Sec. 2, Rule 71] Imprisonment not
lower court
exceeding 1 month, or
Penalties [Sec. 1, Rule 71] both
Offense Penalty
Offender may also be
Fine not exceeding ordered to make
If RTC or a court of P2,000 and/or complete restitution to
equivalent or higher Imprisonment not the party injured by
rank exceeding 10 days or such violation of the
both property involved or
If contempt consists in such amount as may
Fine not exceeding violation of a writ of be alleged and proved.
P200 and/or injunction, TRO, or
If lower court: Imprisonment not status quo order If there is nothing
exceeding 1 day or more to return,
both offender is personally
liable for the
restitution of the
U.10.4. Remedy against indirect contempt; money equivalent to
penalty
the lost thing [Rosario

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Textile Mills v. CA, G.R. (1) If committed against a lower court, it may be
tried by the RTC, regardless of the imposable
No. 137326 (2003)]
penalty; or
(2) If committed against the SC, it may cause it
to be investigated by the prosecutor and filed
with the RTC, or for hearing and
recommendation where the charge involves
questions of fact [Sec. 5, Rule 71]

U.10.6. Acts deemed punishable as indirect


Penalty shall depend contempt [Sec. 3, Rule 71]
upon the provisions of
If committed against a the law which (1) Misbehavior of an officer of a court in the
person or entity authorizes penalty for performance of his official duties or in his
official transactions.
exercising quasi- contempt against (2) Abuse of or any unlawful interference with
judicial functions such persons or processes or proceedings of a court not
entities [Sec. 12, Rule constituting direct contempt.
71] (3) Disobedience or resistance to lawful writ,
process, order, or judgment of a court, or any
unlawful intrusion to any real property after
being ejected.
U.10.5. How contempt proceedings are
(4) Failure to obey subpoena duly served.
commenced (5) Assuming to be an attorney or officer of a
court, and acting as such without authority.
DIRECT CONTEMPT (6) Improper conduct tending to impede,
By whom initiated: obstruct, or degrade administration of justice.
(1) Generally, civil contempt proceedings should (7) Rescue, or attempted rescue, of a person or
be instituted by an aggrieved party, or his property in custody of an officer.
successor, or someone who has pecuniary (8) Failure of counsel to inform the court of the
interest in the right to be protected; death of his client. [RIANO, since it constitutes
(2) In criminal contempt proceedings, it is improper conduct tending to impede the
generally held that the State is the real administration of justice.]
prosecutor.
U.10.7. When imprisonment shall be imposed
INDIRECT CONTEMPT
Two modes of commencing a proceeding (1) When the contempt consists in the refusal or
(1) Motu proprio by the court against which omission to do an act which is yet in the power
contempt was committed: By order or any of the respondent to perform, he may be
other formal charge requiring respondent to imprisoned by order of the court concerned
show why he should not be punished for until he performs it. [Rule 71, Sec. 8]
contempt; or (2) When the respondent “carried the keys to his
(2) Independent action in all other cases: By a prison in his own pocket.” [Galvez v. Republic
charge commenced by a verified petition with Surety & Insurance Co., Inc., G.R. No. L-12581
supporting particulars. [Sec. 4, Rule 70] (1959)]

Where to file charge Only the judge who ordered the confinement of
GENERAL RULE: Proceeding for Indirect the person for contempt of court can issue the
Contempt shall be filed and tried by the court Order of Release. [Inoturan v Limsiaco, Jr., AM No.
against which the contumacious conduct was MTJ-01-1362 (2005)]
committed.
Sec. 8, Rule 71 does not apply to tenants who
EXCEPTIONS: refused or failed to pay their rentals to the special

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administratrix of the property. The non-payment U.12. ORDINARY CIVIL ACTIONS VERSUS
of rentals, which is a civil debt, is covered by the SPECIAL CIVIL ACTIONS (SEE III.A.4)
constitutional guarantee against imprisonment. A special civil action is governed by the rules of
[REGALADO] ordinary civil actions but there are certain rules
that are applicable only to special civil actions.
U.10.8. Contempt against quasi-judicial bodies

Rule 71 shall apply to contempt committed Ordinary Civil Action Special Civil Action
against persons, entities, bodies, or agencies
exercising quasi-judicial functions or have Also governed by
suppletory effect to such rules as they may have ordinary rules but
adopted, unless otherwise provided by law. Governed by ordinary
subject to specific rules
rules
prescribed [Sec. 3, Rule
RTC of the place where the contempt was 1]
committed shall have jurisdiction.
Must be based on a The concept of cause of
It is not within the jurisdiction and competence of cause of action which action in an ordinary
quasi-judicial bodies to decide indirect contempt means that the action does not always
cases. The requirement for a verified petition defendant has fit in a special civil
must also be complied with (e.g. DARAB has no violated plaintiff’s action (e.g.
power to decide the contempt charge filed before rights interpleader)
it). [Land Bank v. Listana, G.R. No. 152611 (2003)]
Venue is determined
Acts or violations against quasi-judicial bodies by either the
Venue is generally
punishable as contempt: Where a person, residences of the
governed by the
without lawful excuse, fails to appear, make oath, parties when action is
general rules on venue,
give testimony or produce documents when personal or by the
except as otherwise
required to do so by the official or body exercising location of the
indicated by special
such powers. Other acts or violations cannot be property when the
rules. [Regalado]
punished as contempt unless specifically defined action is real. [Secs. 1-
in the governing law as contempt of court or if it 2, Rule 4]
authorizes the quasi-judicial body to punish for Some initiated by
contempt, and providing the corresponding Initiated by complaint complaint, some by
penalty. [People v. Mendoza (1953); ADMIN. CODE, petition.
Bk. VII, Ch. 3, sec. 13]
Some special civil
U.11. NATURE OF SPECIAL CIVIL ACTIONS actions can only be
Special civil actions are civil actions primarily filed in the MTC (e.g.
governed by special rules, and secondarily by It may be filed initially forcible entry and
rules for ordinary civil actions. [See Sec. 3, Rule 1] either in the MTC or unlawful detainer)
the RTC while there are some
Since a civil action in general is one by which a which could not be
party sues another for the enforcement of a right, commenced in the MTC
or the prevention or redress of a wrong, a special (e.g. certiorari)
civil action is generally brought or filed for the
same purpose. [Riano] The Special Civil Actions (SCA) under the Rules of
Court
(1) SCAs initiated by complaints:
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(a) Interpleader Jurisdiction of inferior courts


(b) Foreclosure of Real Estate Mortgage Special civil actions that can be filed in or are
(c) Forcible Entry and Unlawful Detainer within the jurisdiction of the inferior courts (i.e.
(d) Partition
MTC, MeTC, MCTC):
(e) Expropriation
(2) SCAs initiated by petitions: (1) Interpleader - Provided that amount involved
(a) Declaratory Relief is within its jurisdiction
(b) Review or Adjudication of COMELEC/COA (2) Ejectment suits – Original and exclusive
Decisions (3) Contempt
(c) Certiorari
(d) Prohibition
(e) Mandamus
(f) Quo Warranto
(g) Contempt Application of hierarchy of courts
U.13. JURISDICTION AND VENUE In the absence of special reasons, the SC will
Jurisdiction over special civil actions is decline to exercise original jurisdiction in
determined by the Constitution [Sec. 5, Art. VIII, certiorari, prohibition, and mandamus since it is
for the Supreme Court] and statutes [e.g. BP Blg not a trier of facts and, that is a function which
129). can be better done by the trial courts. The same
rule applies for quo warranto wherein the SC has
Venue is a procedural matter and generally set by concurrent jurisdiction with the RTC. [Regalado,
the Rules of Court. Hence, the venue of civil citing Fisher v. Yangco Steamship Co. (1915) and
actions is determined by the general rules on Veraguth v. Isabela Sugar Co. (1932)]
venue, unless otherwise subject to special rules
for special civil actions (e.g. quo warranto, see
Sec. 7, Rule 66).

Table of Jurisdiction and Venue in Special Civil


Actions
Special Civil Action Jurisdiction Venue

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Personal Property:
1. MTC: If value not more
than P300,000 outside
Metro Manila, or not more
than P400,000 in Metro
Manila (B.P. Blg. 129, sec.
33) Apply Rule 4:
2. RTC: If value exceeds
P300,000 outside Metro
Manila, or P400,000 in Real action: If the action affects title to or
Metro Manila, or if possession of real property, venue is where
incapable of pecuniary the real property involved or a portion thereof
estimation (B.P. Blg. 129, is situated.
sec. 19)
INTERPLEADER Personal action: All other actions—At the
Real Property: election of the plaintiff
1. MTC: assessed value not 1. Where plaintiff or any of the principal
more than P20,000 plaintiffs reside; or
outside Metro Manila or 2. Where defendant or any of the
not more than P50,000 in principal defendants resides; or
Metro Manila (Sec. 33, BP
3. In case of an non-resident, where he
129)
may be found
2. RTC: value exceeds
P20,000 if outside Metro
Manila, or P50,000 if in
Metro Manila, or
incapable of pecuniary
estimation (Sec. 19,
BP129)
General rule: In the appropriate
RTC, since the subject in
declaratory relief is incapable of
pecuniary estimation.
DECLARATORY Apply Rule 4, i.e. personal action, where the
Exception: Where the action is a
RELIEF petitioner or the respondent resides
proceeding similar to declaratory
relief (e.g. quieting of title to real
property), jurisdiction will depend
on the assessed value of the
property, supra.

REVIEW OF
JUDGMENTS AND
SC SC
FINAL ORDERS OF
COMELEC/COA

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• RTC, CA, SC;


• Sandiganbayan, in aid of
its appellate jurisdiction; RTC where the respondent is situated, where
CERTIORARI
• COMELEC, in election petition relates to an act or omission of a
PROHIBITION
cases involving an act or corporation, board, an officer, or person.
MANDAMUS
omission by MTC or RTC, [Rule 65, Sec. 4]
in aid of its appellate
jurisdiction.
• RTC, CA, SC
• Generally, action can be brought in
• Sandiganbayan, which
the SC, CA, or RTC exercising
has exclusive original
jurisdiction over the territorial area
jurisdiction over quo
where respondent resides or any of
warranto cases filed by the
the respondent resides
PCGG
• If commenced by the SolGen, it may
• COMELEC, exclusive
be filed with the RTC Manila, CA, or
QUO WARRANTO jurisdiction over cases
SC
falling under the Omnibus
• The Sandiganbayan has exclusive
Election Code
original jurisdiction on quo
• Special Commercial
warranto arising or that may arise in
Courts, for quo warranto
cases filed under EO 1,2,14, 14-A but
against duly licensed
this must be in aid of its appellate
associations. (CORP. CODE
jurisdiction and not exclusive of the
rules apply, not the RULES
SC.
OF COURT.)

Apply Rule 4, i.e. where the real property


involved, or a portion thereof, is situated
EXPROPRIATION RTC
In cases of personal property, where the
plaintiff or defendant resides

JUDICIAL Apply Rule 4, i.e. where the real property


RTC
FORECLOSURE involved, or a portion thereof, is situated

PARTITION RTC Apply Rule 4

FORCIBLE ENTRY
Apply Rule 4, i.e. where the real property
AND UNALWFUL MTC
involved, or a portion thereof, is situated
DETAINER

• If committed against RTC or a court


of equivalent or higher rank, or
against an officer appointed by it:
File with such court
CONTEMPT MTC, RTC, CA, SC • If committed against a first-level
court: File with the RTC of the place
in which lower court is sitting
• If act was committed against
persons or entities exercising quasi-
judicial functions: File with the RTC
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of the place wherein contempt was


committed

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UP LAW BOC SPECIAL PROCEEDINGS REMEDIAL LAW

REMEDIAL LAW
SPECIAL
PROCEEDINGS

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In the case of minors


IV. SPECIAL (1) Prosecuted for the purpose of determining
the right of custody over a child.
PROCEEDINGS (2) Question of identity is relevant and
material and must be convincingly
A. WRIT OF HABEAS CORPUS established. [Tijing v. CA, G.R. No. 125901
(2001)]
In General
Essentially a writ of inquiry, granted to test the Who may issue the writ
right under which a person is detained, and to (1) The SC, CA, and RTC have concurrent
relieve a person if such restraint is illegal. jurisdiction to issue WHC [Sec. 2, Rule 102]
[Velasco v. CA, G.R. No. 118644 (1995)] (2) Family courts have jurisdiction to hear
petitions for custody of minors and the
Extends to all cases of illegal confinement or issuance of the writ in relation to custody
detention by which any person is deprived of of minors [Sec. 20, AM 03-04-04-SC, Re:
his liberty, or by which the rightful custody of Proposed Rule on Custody of Minors and
any person is withheld from the person Writ of Habeas Corpus in Relation to
entitled thereto. [Sec. 1, Rule 102] Custody of Minors]

Can only be suspended in cases of rebellion or Temporary release may constitute restraint
invasion and when public interest requires it (a) Where a person continued to be
[Sec. 15, Art. III] unlawfully denied one or more of his
constitutional rights
The underlying rationale is not the illegality of (b) Where there is present denial of due
the restraint but the right of custody. [Tijing v. process
CA, G.R. No. 125901 (2001)] (c) Where the restraint is not merely
involuntary but appear to be unnecessary
Purpose (d) Where a deprivation of freedom originally
The purpose of the writ is to inquire into all valid has in light of subsequent
manner of involuntary restraint, and to relieve developments become
a person therefrom if such restraint is illegal arbitrary.[Moncupa v. Enrile, G.R. No. L-
(1) To obtain immediate relief from illegal 63345 (1986)]
confinement
(2) To liberate those who may be imprisoned GENERAL RULE: Release of detained person,
without sufficient cause whether permanent or temporary, makes the
(3) To deliver them from unlawful custody petition for habeas corpus moot.
[Velasco v. Court of Appeals, G.R. No.
118644 (1995)] EXCEPTIONS:
(1) Doctrine of Constructive Restraint –
Concept of restraint Restraints attached to release which
Actual and effective and not merely nominal or precludes freedom of action, in which case
moral restraint is required. [Zagala v. Illustre, the Court can still inquire into the nature
G.R. No. L-23999(1926)] of the involuntary restraint

However, actual physical restraint is not The essential object and purpose of the
always required; any restraint which will writ of habeas corpus is to inquire into all
prejudice freedom of action is sufficient. manner of involuntary restraint. Any
[Moncupa v. Enrile, G.R. No. L-63345 (1986)] restraint which will preclude freedom of
action is sufficient. [Villavicencio v. Lukban
The restraint of liberty must be in the nature of (1919)]
an illegal and involuntary deprivation of
freedom of action. [Sambong v. Court of (2) Violation of freedom from threat by the
Appeals, G.R. No.111876 (1996)] apparent threat to life, liberty and security
of their person from the following facts:

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a. Threat of killing their families if they the court. [Mangila v. Judge Pangilinan, G.R.
tried to escape No. 160739 (2013)]
b. Failure of the military to protect them
from abduction Habeas Corpus is a summary remedy. It is
c. Failure of the military to conduct analogous to a proceeding in rem when
effective investigation [Secretary of instituted for the sole purpose of having the
Justice v. Manalo] person of restraint presented before the judge
in order that the cause of his detention may be
Nature inquired into [Caballes v. Court of Appeals, G.R.
Not a suit between private parties, but an No. 163108 (2005)]
inquisition by the government, at the
suggestion and instance of an individual, but WHC may be used with writ of certiorari for
still in the name and capacity of the sovereign. purposes of review
There can be no judgment entered against The two writs may be ancillary to each other
anybody since there is no real plaintiff and where necessary to give effect to the
defendant.[Alimpos v. CA, 106 SCRA 159 supervisory powers of higher courts. [Galvez v.
(1981)] CA, G.R. No. 114046 (1994)]

Proceedings in habeas corpus are separate WHC reaches the body and the jurisdictional
and distinct from the main case from which matters, but not the record. Writ of certiorari
the proceedings spring. They rarely touch the reaches the record, but not the body [Galvez v.
merits of the case and require no CA, G.R. No. 114046 (1994)]
pronouncement with respect thereto. [Ching v.
Insular Collector of Customs, G.R. No. L-10972 While generally, the WHC will not be granted
(2016)] when there is an adequate remedy like writ of
error, appeal, or certiorari, it may still be
The question whether one shall be imprisoned available in exceptional cases [Herrera, citing
is always distinct from the question of whether 39 C.J.S. Habeas corpus §13, 486-488]
the individual shall be convicted or acquitted
of the charge on which he is tried, and Overview of Procedure
therefore these questions are separate, and (1) Application for the writ by petition [Sec. 3,
may be decided in different courts Rule 102]
[Herrera,citing 4 Cranch, 75, 101] (2) Grant or disallowance of writ and issuance
by court or judge [Secs. 4-5, Rule 102]
The writ of habeas corpus is not designed to (3) Clerk of Court issues the writ under the seal
interrupt the orderly administration of the of court (in case of emergency, by the judge
laws by a competent court acting within the himself) [Sec. 5, Rule 102]
limits of its jurisdiction, but is available only (4) Service:
for the purpose relieving from illegal restraint. - By whom: sheriff or other proper officer
[People v. Valte, G.R. No. L-18760 (1922)] - How: leaving the original with the
Proceedings on habeas corpus to obtain person to whom it is directed and
release from custody under final judgment preserving a copy on which to make
being in the nature of collateral attack, the return
writ deals only with such radical defects as - To whom: officer in custody or any
render the proceeding or judgment absolutely officer (when in custody of person other
void, and cannot have the effect of appeal, writ than an officer) [Sec. 7, Rule 102]
of error or certiorari, for the purpose of (5) Hearing by the court (upon return) [Sec. 12,
reviewing mere error and irregularities in the Rule 102]
proceedings. [People v. Valte, G.R. No. L-18760 (6) Execution of the writ
(1922)] - Officer brings the person before the
judge, and
It is a prerogative writ which does not issue as - Officer makes due return [Sec. 8, Rule
a matter of right but in the sound discretion of 102]

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A.1 CONTENTS OF THE PETITION (2) If he has the party in his custody or power,
or under restraint, the authority and the
Signed and verified petition must set forth:
true and whole cause thereof, set forth at
(1) That the person in whose behalf the large, with a copy of the writ, order
application is made is imprisoned or execution, or other process, if any, upon
restrained of his liberty; which the party is held
(2) The officer or name of the person by whom (3) If the party is in his custody or power or is
he is so imprisoned or restrained restrained by him, and is not produced,
- If unknown or uncertain, such officer or particularly the nature and gravity of the
person may be described by an sickness or infirmity of such party by
assumed appellation, and the person reason of which he cannot, without danger,
who is served with the writ shall be be bought before the court or judge
deemed the person intended; (4) If he has had the party in his custody or
(3) The place where he is so imprisoned or power, or under restraint, and has
restrained, if known; transferred such custody or restraint to
(4) Copy of the commitment or cause of another, particularly to whom, at what
detention of such person, if it can be time, for what cause, and by what
procured without impairing the efficiency authority such transfer was made.
of the remedy
- If imprisonment or restraint is without When the return considered evidence, and
any legal authority, such fact shall when only a plea [Sec. 13, Rule 102]
appear. [Sec. 3, Rule 102] Custody is pursuant Restraint is by
to law private authority
Who may apply The return shall be
(1) The party for whose relief it is intended; or considered only as a
(2) By some person on his behalf [Sec. 3, Rule The return shall be plea of the facts
102] consideredprima therein set forth,
- Some person – any person who has a facie evidence of the and the party
legally justified interest in the freedom cause of restraint claiming the
of the person whose liberty is restrained custody must prove
or who shows some authorization to such facts
make the application [Velasco v. CA, G.R.
No. 118644 (1995)] A.3 DISTINGUISH PEREMPTORY WRIT
FROM PRELIMINARY CITATION
A.2 CONTENTS OF THE RETURN
Preliminary citation Peremptory writ
A written document
Form
which
- Signed by the person who makes it Requires the
unconditionally
- Sworn by the person who makes it if: respondent to
commands the
o The prisoner is not produced; and appear and show
respondent to have
o In all other cases, unless the return is cause why the
the body of the
made and signed by a sworn public peremptory writ
detained person
officer in his official capacity[Sec. 11, should not be
before the court at a
Rule 102] granted
time and place
therein specified
By whom made: The person or officer who has [Lee Yick Hon v. Collector of Customs, G.R. No.
the person under restraint, or in whose L-16779 (1921)]
custody the prisoner is found. [Sec. 10, Rule
102] The order to present an individual before the
court is a preliminary step in the hearing of the
Contents petition. This order is NOT a ruling on the
(1) Whether he has or has not the party in his propriety of the remedy or on the substantive
custody or power, or under restraint matters covered by the remedy. Thus, the
order to produce the body is not equivalent to
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a grant of the writ of habeas corpus [In the charged in the warrant of commitment
Matter of the Petition for Habeas Corpus of with an offense punishable by death [Sec.
Alejano vs Cabuay, G.R. No. 160792 (2005)] 14, Rule 102]
(6) Even if the arrest of a person is illegal, the
A.4 WHEN NOT PROPER OR APPLICABLE following supervening events may bar
release:
(a) Issuance of a judicial process [Sayo v.
When WHC is NOT proper
Chief of Police of Manila, G.R. No. L-2128
(1) For asserting or vindicating the denial
(1948)]
of right to bail. [Galvez v. CA, G.R. No.
Judicial process is defined as a writ,
114046(1994)]
warrant, subpoena, or other formal
(2) Where the petitioner has the remedy
writing issued by authority of law.
of appeal or certiorari. [Galvez v. CA,
[Malaloan v. CA, G.R. No. 104879(1994)]
G.R. No. 114046(1994)]
(b) The filing of a complaint before a trial
(3) For correcting errors in the
court which issued a hold departure
appreciation of facts or law [Sotto v.
order and denied motion to dismiss and
Director of Prisons, G.R. No. L-18871
to grant bail [Velasco v. CA, G.R. No.
(1962)]
118644(1995)]
(4) Exception: If error affects court’s
(c) Filing of an information for the offense
jurisdiction making the judgment void
for which the accused is detained bars
[Herrera]
the availability of WHC [Velasco v. CA,
(5) For enforcing marital rights including
G.R. No. 118644(1995)]
venture and living in conjugal
dwelling [Ilusorio v. Bildner, G.R. No.
What is to be inquired into is the legality of a
139789 (2001)]
person’s detention as of, at the earliest, the
filing of the application for the writ of habeas
When WHC is proper
corpus, for even if the detention is at in its
Remedy for reviewing proceedings for
inception illegal, may no longer be illegal at
deportation of aliens [De Bisschop v. Galang,
the time of the filing of the application, by
G.R. No. L-18365 (1963)]
reason of supervening events [Ampatuan v.
Macaraig, G.R. 182497 (2010)]
Where the court has no jurisdiction to impose
the sentence [Banayo v. President of San Pablo,
G.R. No. 1430 (1903)]
A.6 DISTINGUISHED FROM WRIT OF
AMPARO AND HABEAS DATA
A.5 WHEN WRIT DISALLOWED OR
DISCHARGED
(1) The person alleged to be restrained of his Writ of
Writ of Writ of Habeas
Habeas
liberty is in the custody of an officer: Amparo Data
(a) Under process issued by the court or Corpus
judge or by virtue of a judgment or order Extends to Designed to
of a court of record, and all cases of protect the
(b) Said court had jurisdiction to issue the illegal image, privacy,
process, render the judgment or make confinemen honor,
Covers
the order; or t or information, and
extralegal
(2) Jurisdiction appears after the writ is detention freedom of
killings and
allowed despite any informality or defect in (deprivation information of an
enforced
the process, judgment, or order; or of liberty), individual, and
disappeara
(3) Person is charged with or convicted of an or where to provide a
nces or
offense in the Philippines; or rightful forum to enforce
threats
(4) Suffering from imprisonment under lawful custody is one’s right to the
thereof
judgment. [Sec. 4, Rule 102] withheld truth and to
(5) If it appears that the prisoner was lawfully from person informational
committed, and is plainly and specifically entitled privacy[Vivares v.
thereto St. Theresa’s
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College, G.R. No. Answer to the Petition must be verified and


202666 (2014)] filed within 5 days after service of summons
and copy of petition. [Sec. 7]
The writ of amparo, in its present form, is
confined only to these two instances of Motion to Dismiss is not allowed except on
“extralegal killings” and enforced ground of lack of jurisdiction over:
disappearances. [Rev. Fr. Reyes v. CA, G.R. No. (1) Subject matter or
182161(2009)] (2) Parties [Sec. 6]

The writ of habeas data is not only confined Case study


to cases of extralegal killings and enforced Upon the filing of the verified answer or the
disappearances. [Vivares v. St. Theresa’s expiration of the period to file it, the court may
College, G.R. No. 202666 (2014)] order a social worker to make a case study of
the minor and the parties and to submit to the
NOTE: SEE Comparative Table at the end of court at least 3 days before pre-trial. [Sec. 8]
the Special Proceedings portion of the
reviewer for a more comprehensive list of Pre-trial
distinctions. Pre-trial is mandatory. [Sec. 9]
(1) Failure to file the pre-trial brief or to comply
A.7 RULES ON CUSTODY OF MINORS AND with its required contents has same effect
WRIT OF HABEAS CORPUS IN RELATION as failure to appear at the pre-trial. [Sec.10]
TO CUSTODY OF MINORS (A.M. NO. 03-04- (2) If the petitioner fails to appear personally at
04-SC) the pre-trial, the case shall be dismissed.
Unless his counsel or a duly authorized
I. Rules For Custody Of Minors representative appears in court and proves
Applicability a valid excuse for the non-appearance of
(1) Petitions for custody of minors and the petitioner.[Sec. 11]
(2) Writs of habeas corpus in relation thereto. (3) If the respondent has filed his answer but
[Sec. 1] fails to appear at the pre-trial, the
petitioner shall be allowed to present his
Rules of Court shall apply suppletorily. [Sec. 1] evidence ex parte. The Court shall then
render judgment on the basis of the
Who may file pleadings and the evidence thus presented.
Any person claiming right of custody. [Sec. 2] [Sec. 9]
Party against whom it may be filed shall be
designated as the respondent. Provisional Order awarding custody
After an answer has been filed or after
Where to file expiration of the period to file it, the court may
Family Court of the province or city: issue a provisional order awarding custody of
(1) where the petitioner resides or the minor. As far as practicable, the following
(2) where the minor may be found. [Sec. 3] order of preference shall be observed in the
award of custody:
Contents of petition (1) Both parents jointly;
The verified petition shall allege the following: (2) Either parent taking into account all
(a) The personal circumstances of the relevant considerations, especially the
petitioner and of the respondent; choice of the minor over seven years of age
(b) The name, age and present whereabouts and of sufficient discernment, unless the
of the minor and his or her relationship to parent chosen is unfit;
the petitioner and the respondent; (3) The grandparent, or if there are several
(c) The material operative facts constituting grandparents, the grandparent chosen by
deprivation of custody; and the minor over 7 years of age and of
(d) Such other matters which are relevant to sufficient discernment, unless grandparent
the custody of the minor. [Sec. 4] chosen is unfit or disqualified;

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(4) The eldest brother or sister over 21 years of (b) To cease and desist from harassing,
age, unless unfit or disqualified; intimidating, or threatening such minor
(5) The actual custodian of the minor over 21 or the other parent or any person to
years of age, unless unfit or disqualified; whom custody of the minor is awarded;
(6) Any other person or institution the court (c) To refrain from acts or omission that
may deem suitable. [Sec. 13] create an unreasonable risk to minor;
(d) To permit a parent, or a party entitled to
In awarding custody, the court shall consider visitation by a court order or a
the best interests of the minor and shall give separation agreement, to visit the minor
paramount consideration to his material and at stated periods;
moral welfare. [Sec. 14] (e) To permit a designated party to enter
the residence during a specified period
Interim Reliefs of time in order to take personal
(1) Temporary visitation rights - court shall belongings not contested in a
provide in its order awarding provisional proceeding pending with the Family
custody appropriate visitation rights to the Court;
non-custodial parent or parents. (f) To comply with such other orders as are
- Unless the court finds said parent or necessary for the protection of the
parents unfit or disqualified. minor. [Sec. 17]
- The temporary custodian shall give the
court and non-custodial parent or Judgment
parents at least 5 days' notice of any Court shall render judgment awarding the
plan to change the residence of the custody of the minor to the proper party
minor or take him out of his residence considering the best interests of the minor.
for more than 3 days. [Sec. 15]
If both parties are unfit to have the care and
(2) Hold Departure Order – the minor child custody of the minor, the court may designate
shall not be brought out of the country either the paternal or maternal grandparent of
without prior order from the court while the the minor, or his oldest brother or sister, or any
petition is pending. reputable person to take charge of such minor,
- The Court, motu proprio or upon or commit him to any suitable home.
application under oath, may issue ex
parte a hold departure order, addressed Court may order either or both parents to give
to the Bureau of Immigration and an amount necessary for the support,
Deportation (BID), directing it not to maintenance and education of the minor,
allow the departure of the minor from irrespective of custodianship.
the Philippines without court The court may also issue any order that is just
permission. and reasonable permitting the parent who is
- The Family Court issuing the hold deprived of the care and custody of the minor
departure order shall furnish the DFA to visit or have temporary custody. [Sec. 18]
and the BID of the DOJ a copy of the
hold departure order within 24 hours Appeal
from its issuance. Appeal from the decision shall be allowed,
- The court may recall the hold departure unless the appellant has filed a motion for
order motu proprio or upon verified reconsideration or new trial within 15 days
motion of any of the parties after from notice of judgment.
summary hearing. [Sec. 16]
An aggrieved party may appeal from the
(3) Protection Order (PO) - court may issue a decision by filing a Notice of Appeal within 15
PO requiring any person: days from notice of the denial of the motion for
(a) To stay away from the home, school, reconsideration or new trial and serving a copy
business, or place of employment of the on the adverse parties. [Sec. 19]
minor, other parent or any other party,
or from any other specific place;
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II. Writ Of Habeas Corpus In Relation To


Custody Of Minors Upon return of the writ, the court shall decide
the issue on custody of minors. [Sec. 20]
Where filed; where enforceable
A verified petition for a writ of habeas corpus The best interest of the child prevails over any
involving custody of minors is filed with the agreement on custody. Any such agreement is
Family Court of the province or city where the void for being contrary to Article 213 of the
petitioner resides, or where the minor may be Family Code. In this case, the child was below
found, or with the CA or the SC. seven years when such agreement was
executed. But since the child had in the
If filed with the Family Court where the meantime turned 15, it is now the best interest
petitioner resides, or where the minor may be of the child which becomes the standard for
found, the writ is enforceable within the custody. [Dacasin v. Dacasin, G.R. No. 168785
judicial region where the Family Court belongs. (2010)]

If filed with the CA or the SC, or with any of its


members, the writ shall be enforceable Tender Age Presumption
anywhere in the Philippines. GENERAL RULE: A mother is to be preferred in
awarding custody of children under the age of
If the presiding judge of the Family Court is seven.
absent, then the petition may be filed with a EXCEPTION: When the court finds compelling
regular court, provided that the regular court reason to order otherwise [Article 213, Civil
shall refer the case to the regular court as soon Code]
as the presiding judge returns to duty.
The tender age presumption may be overcome
If there are no Family Courts in the area, then only be compelling evidence of the mother’s
the petition may be filed with the regular unfitness. But sexual preference or moral
courts. [Sec.20] laxity alone does not prove parental neglect or
incompetence. It should be clearly established
The writ is returnable to the Family Court, or that such moral lapses have had an adverse
to any regular court within the judicial region effect on the welfare of the child or have
where the petitioner resides or where the distracted the offending spouse from
minor may be found, for hearing and decision exercising proper parental care [Pablo-
on the merits. Gualberto v. Gualberto, G.R. No. 154994
(2005)]

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Comparative Table on Habeas Corpus and Rule on Custody of Minors


Rule on Custody and Habeas Corpus
Habeas Corpus [Rule 102]
for Minors [A.M. 03-04-04]
Right to liberty
Petition for the rightful custody of a
Rights Involved
Rightful custody of the aggrieved minor
party
Unlawful deprivation of rightful
custody, or
A minor is being kept from a parent by
Actual violation of the aggrieved
the other parent (e.g. which parent
party’s right to liberty, or rightful
shall have the care and custody of a
Situations Applicable custody [Sec. 1]
minor, when such parent is in the
midst of nullity or legal separation
proceedings). [Herrera; Secs. 2 & 20]
Any person claiming rightful custody
– this covers:
Party for whose relief it is intended or (1) Unlawful deprivation of the
Party Authorized to File by some person in his behalf [Sec. 1] custody of a minor
(2) Which parent shall have the care
and custody of a minor [Herrera]
Respondents May or may not be an officer
(1) RTC or any judge thereof (1) Family Court, writ enforceable
(2) CA or any member thereof in within its judicial region
instances authorized by law (2) Regular court in the absence of
(3) SC or any member thereof [Sec. 2] the presiding judge of the Family
(4) First level courts in the absence of Court, provided, however, that the
RTC judges in a province or city regular court shall refer the case
[Sec. 35, BP 129] to the Family Court as soon as its
Before which court or
(5) Sandiganbayan, in aid of presiding judge returns to duty.
judicial authority filed
appellate jurisdiction of the (3) Appropriate regular courts in
Sandiganbayan [RA 8249 further places where there are no Family
expanding its jurisdiction] Courts. [Sec. 20]
Signed, verified either by the party for
whose relief it is intended, or by some The verified petition shall allege the
person in his behalf and shall set following:
forth: (1) The personal circumstances of the
(1) That the person in whose behalf petitioner and of the respondent
the application is made is (2) The name, age and present
imprisoned or restrained on his whereabouts of the minor and his
liberty; or her relationship to the
(2) The officer or name of the person petitioner and the respondent
by whom he is so imprisoned or (3) The material operative facts
Contents of the petition restrained or, if both are unknown constituting deprivation of
or uncertain, such officer or person custody and
may be described by an assumed (4) Such other matters which are
appellation, and the person who is relevant to the custody of the
served with the writ shall be minor.
deemed the person intended;
(3) The place where he is so The verified petition shall be
imprisoned or restrained, if accompanied by a certificate against
known; forum shopping, which the petitioner
(4) A copy of the commitment or must sign personally. [Sec. 4]
cause of detention of such person,
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Rule on Custody and Habeas Corpus


Habeas Corpus [Rule 102]
for Minors [A.M. 03-04-04]
if it can be procured without
impairing the efficiency of the
remedy or, if the imprisonment or
restraint is without any legal
authority, such fact shall appear.
[Sec. 3]

B. WRIT OF AMPARO (A.M. 07-9-12-SC) petitioner is an amparo case has the burden of
proving by substantial evidence the
indispensable element of government
Writ of Amparo, in General participation [Navia v. Pardico, G.R. No. 184467
Literally means “to protect” (2012)]
Came originally from Mexico and evolved into B.1 COVERAGE
many forms
(1) Amparo libertad – for protection of personal Available to any person whose right to life, liberty
freedom and security is violated or threatened with
(2) Amparo contra leyes – for judicial review of violation by an unlawful act or omission of a
the constitutionality of statutes public official or employee, or of a private
(3) Amaparo casacion – judicial review of individual or entity. [Sec.1]
constitutionality and legality of judicial
decisions The writ shall cover:
(4) Amparo agrario – for protection of peasants’ (1) Extralegal killings (killings committed
rights without due process of law) and
(2) Enforced disappearances [Sec. 1]
AM No. 07-9-12-SC (Rules on the Writ of Amparo)
was promulgated by the Supreme Court by virtue Elements of enforced disappearance:
of the 1987 Constitution stating that the SC has (1) An arrest, detention or abduction of a person
the power to “[p]romulgate rules concerning the by a government official or organized groups
protection and enforcement of constitutional or private individuals acting with the direct or
rights…” [Sec. 5, Art.VIII] indirect acquiescence of the government
(2) The refusal of the State to disclose the fate or
The remedy of the writ of amparo is an equitable whereabouts of the person concerned or a
and extraordinary remedy to safeguard the right refusal to acknowledge the deprivation of
of the people to life, liberty and security, as liberty which places such persons outside the
enshrined in the 1987 Constitution. [De Lima v. protection of law [Sec. of National Defense v.
Gatdula, G.R. 204528 (2013)] Manalo, G.R. No. 180906 (2008)]

The remedy of the writ of amparo serves both The writ applies only to the right to life, liberty
preventive and curative roles in addressing the and security of persons and not property.
problem of extralegal killings and enforced
disappearances. “Right to security” as a guarantee of protection
- Preventive – it breaks the expectation of by the government, is violated by the apparent
impunity in the commission of offenses threat to the life, liberty and security of their
- Curative – if facilitates the subsequent person.
punishment of perpetrators by inevitably
leading to subsequent investigation and Right to security includes:
action [Secretary of National Defense v. (1) Freedom from fear
Manalo, G.R. No. 180906 (2008)] (2) Guarantee of bodily and psychological
integrity or security
For the protective writ of amparo to issue, (3) Guarantee of protection of one’s rights by the
allegation and proof of the persons subject government.
thereof are missing are not enough. The
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Protection includes conducting effective books of accounts, letters, photographs, objects


investigations, organization of the or tangible things, not privileged, which
government apparatus to extend protection constitute or contain evidence material to any
to victims of extralegal killings or enforced matter involved in the action and which are in his
disappearances (or threats thereof) and/or possession, custody or control.”
their families, and bringing offenders to the
bar of justice. [Secretary of National Defense v. B.4 PETITION
Manalo, G.R. No. 180906 (2008)].

The writ of amparo does not protect the right to Who May File
travel. Where the petitioner failed to establish (1) Aggrieved party; or
that his right to travel was impaired in the (2) Qualified person or entity in the following
manner and to the extent that it amounted to a order:
serious violation of his right to life, liberty and (a) Any member of the immediate family
security, the writ of amparo will not lie [Reyes v. namely: the spouse, children and parents
Gonzales, G.R. No. 182161 (2009)] of the aggrieved party;
(b) Any ascendant, descendant or collateral
The writ of amparo does not envisage the relative of the aggrieved party within the
protection of concerns that are purely property or fourth civil degree of consanguinity or
commercial in nature [Pador v. Arcayan citing affinity, in default of those mentioned in
Tapuz v. Del Rosario, G.R. No. 183460 (2013)] the preceding paragraph; or
(c) Any concerned citizen, organization,
B.2 DISTINGUISH FROM HABEAS CORPUS association or institution if there is no
AND HABEAS DATA known member of the immediate family or
relative of the aggrieved party.
NOTE: SEE A.6 (Distinguish from Amparo and
Habeas Data) The filing of a petition by the aggrieved party
NOTE: SEE Comparative Table at the end of the suspends the right of all other authorized parties
Special Proceedings portion of the reviewer for a to file similar petitions. [Sec. 2]
more comprehensive list of distinctions.
Ratio for preference for filing party
(1) Necessary for the prevention of indiscriminate
B.3 AMPARO VS SEARCH WARRANT and groundless filing of petitions for amparo
[Sec. of National Defense v. Manalo, G.R. No. which may even prejudice the right to life,
180906 (2008)] liberty or security of the aggrieved party
“The production order under the Amparo Rule (2) Untimely resort to the writ by a non-member
should not be confused with a search warrant for of the family may endanger the life of the
law enforcement under Article III, Section 2 of the aggrieved party
1987 Constitution.
Where to File
The Constitutional provision is a protection of the (1) RTC where the threat, act or omission was
people from the unreasonable intrusion of the committed or any of its element occurred; or
government, not a protection of the government (2) Sandiganbayan—unlike the writ of habeas
from the demand of the people such as corpus, because public officials and
respondents. employees will be respondents in amparo
petitions; or
Instead, the Amparo production order may be (3) Court of Appeals; or
likened to the production of documents or things (4) Supreme Court; or
under Section 1, Rule 27 of the Rules of Civil (5) Any justice of such courts [Sec. 3]
Procedure i.e. “Upon motion of any party showing
good cause therefor, the court in which an action May be filed on any day, including Saturdays,
is pending may (a) order any party to produce and Sundays, and holidays; from morning until
permit the inspection and copying or evening.
photographing, by or on behalf of the moving
party, of any designated documents, papers,
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The writ shall be enforceable anywhere in the Contents of the Return


Philippines. [Sec. 3] (1) The lawful defenses to show that the
respondent did not violate or threaten with
No docket fees violation the right to life, liberty and security of
Petitioner shall be exempted from payment of the aggrieved party, through any act or
docket fees and other lawful fees when filing the omission;
petition. [Sec. 4] (2) The steps or actions taken by the respondent
to determine the fate or whereabouts of the
Contents of the Petition aggrieved party and the person responsible
A signed and verified petition shall contain: for the threat, act or omission;
(1) The personal circumstances of the petitioner; (3) All relevant information in the possession of
(2) The name and personal circumstances of the the respondent pertaining to the threat, act or
respondent responsible for the threat, actor omission against the aggrieved party; and
omission (4) If the respondent is a public official or
- If the name is unknown or uncertain, may employee the return shall further state the
be described by an assumed appellation; actions that have been or will still be taken:
(3) The right to life, liberty and security of the (a) to verify the identity of the aggrieved party;
aggrieved party violated or threatened with (b) to recover and preserve evidence related to
violation by an unlawful act or omission of the the death or disappearance of the person
respondent identified in the petition which may aid in
- How such threat or violation is committed the prosecution of the person or persons
- With the attendant circumstances detailed responsible;
in supporting affidavits; (c) to identify witnesses and obtain
(4) The investigation conducted, if any, statements from them concerning the
specifying: death or disappearance;
- Names, the personal circumstances and (d) to determine the cause, manner, location
addresses of the investigating authority or and time of death or disappearance as well
individuals as any pattern or practice that may have
- Manner and conduct of the investigation brought about the death or disappearance;
- Together with any report; (e) to identify and apprehend the person or
(5) The actions and recourses taken by the persons involved in the death or
petitioner to determine the fate or disappearance; and
whereabouts of the aggrieved party and the (f) to bring the suspected offenders before a
identity of the person responsible for the competent court.; and
threat, act or omission; and (5) The return shall also state matters relevant to
(6) The relief prayed for. the investigation, its resolution and the
It may include a general prayer for other just prosecution of the case.
and equitable reliefs. [Sec.5]
No general denial of the allegations allowed. [Sec.
Issuance of Writ 9]
Upon filing of petition, writ shall immediately
issue if on its face it ought to issue. Prohibited Pleadings and Motions: The following
pleadings and motions are prohibited:
Date and time for summary hearing of the (1) Motion to dismiss;
petition shall be set not later than 7 days from (2) Motion for extension of time to file return,
date of issuance. [Sec. 6] opposition, affidavit, position paper and other
pleadings;
B.5 CONTENTS OF THE RETURN (3) Dilatory motion for postponement;
(4) Motion for a bill of particulars;
(5) Counterclaim or cross-claim;
When to file return (6) Third-party complaint;
Respondent must file a verified written return (7) Reply;
within 72 hours after service of writ, together with (8) Motion to declare respondent in default;
supporting affidavits. (9) Intervention;

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(10) Memorandum;
(11)Motion for reconsideration of interlocutory Archiving and revival of cases
orders or interim relief orders; and If the case cannot proceed for valid cause, the
(12) Petition for certiorari, mandamus or court shall not dismiss the petition but shall
prohibition against any interlocutory order. archive it. If after the lapse of two (2) years from
[Sec. 11] the notice of archiving, the petition shall be
dismissed for failure to prosecute. [Sec. 20]
To whom returnable
(1) If filed with RTC, returnable to RTC or any B.9 INSTITUTION OF SEPARATE ACTION
judge
(2) If filed with Sandiganbayan, CA or any justice, The Rule shall neither preclude the filing of
returnable to such court or any justice or the separate criminal, civil or administrative actions
RTC where the threat, act or omission was [Sec. 21]
committed or any of its elements occurred.
(3) If filed with the SC, returnable to the SC or any But a claim for damages should instead be filed
justice, or to the CA, SB or any of its justices, or in a proper civil action.
the RTC where the threat, act or omission was
committed or any of its elements occurred. If the evidence so warrants, the amparo court may
[Sec. 3] refer the case to the Department of Justice for
criminal prosecution, because the amparo
B.6 EFFECT OF FAILURE TO FILE RETURN proceeding is not criminal in nature and will not
determine the criminal guilt of the respondent
In case the respondent fails to file a return, the
court, justice, or judge shall proceed to hear the B.10 EFFECT OF FILING A CRIMINAL ACTION
petition ex parte. [Sec. 12]
Reliefs under the writ shall be available by
motion in a criminal case.
B.7 OMNIBUS WAIVER RULE
- Procedure under this Rule shall govern the
All defenses shall be raised in the return, disposition of the reliefs available under the
otherwise, they shall be deemed waived. [Sec. 10] writ of amparo.

B.8 PROCEDURE FOR HEARING When a criminal action has been commenced, no
separate petition for the writ shall be filed. [Sec.
Summary Hearing 22]
Hearing on the petition shall be summary.
B.11 CONSOLIDATION
BUT: The court, justice, or judge may call for a When a criminal action is filed subsequent to the
preliminary conference to simplify the issues and filing of a petition for the writ, the latter shall be
determine the possibility of obtaining consolidated with the criminal action.
stipulations and admissions from the parties.
When a criminal action and a separate civil action
Hearing shall be from day to day until completed are filed subsequent to a petition for a writ of
and given the same priority as petitions for amparo, the latter shall be consolidated with the
habeas corpus. [Sec. 13] criminal action.

Judgment After consolidation, the procedure under this


The court shall render judgment within ten (10) Rule shall continue to apply to the disposition of
days from the time of petition is submitted for the reliefs on the petition. [Sec. 23]
decision. [Sec.18]
B.12 INTERIM RELIEFS AVAILABLE TO
Appeal PETITIONER AND RESPONDENT
Any party may appeal from the final judgment or
order to the Supreme Court under Rule 45, 5
working days from the date of notice of the When available
adverse judgment [Sec. 19]
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Upon filing of the petition or at any time before copying or photographing by or on behalf
final judgment of the movant.
- In case of opposition, the court, justice or
Interim Reliefs available to the Petitioner judge may conduct a hearing in chambers
(1) Temporary Protection Order. to determine the merit of the opposition.
- Issued upon motion or motu proprio [Sec. 14(c)]. Opposition may be had on the
- That the petitioner or the aggrieved party following grounds:
and any member of the immediate family (a) National security
be protected in a government agency or by (b) Privileged nature of the information
an accredited person or private institution
capable of keeping and securing their Not the same as search warrant for law
safety. If the petitioner is an organization, enforcement under Art. III, Sec. 2 of the
association or institution referred to in Constitution since the latter is a protection of the
Section 3(c) of this Rule, the protection may people from unreasonable intrusion of the
be extended to the officers concerned. [Sec. government, not a protection of the government
14(a)] from the demand of the people such as
- Different from the inspection and respondents
production order in that the temporary
protection order and the witness protection More similar to production of documents or
order do not need a verification and may be things under Sec. 1 Rule 27 of Rules of Civil
issued motu proprio or ex parte. Procedure[Sec. of National Defense v. Manalo, G.R.
No. 180906 (2008)]
(2) Inspection Order.
- Issued only upon verified motion and after (4) Witness Protection Order.
due hearing - Issued upon motion or motu proprio
- Directed to any person in possession or - Order may refer the witnesses to
control of a designated land or other (a) The Department of Justice for
property, to permit entry for the purpose of admission to the Witness Protection,
inspecting, measuring, surveying, or Security and Benefit Program.
photographing the property or any relevant (b) Other government agencies, or to
object or operation thereon. accredited persons or private
- The order shall expire five (5) days after the institutions capable of keeping and
day of its issuance, unless extended for securing their safety. [Sec. 14(d)]
justifiable reasons. [Sec. 14(b)]
- Requires hearing, may be availed of both Interim Reliefs available to the Respondent
the petitioner and the respondent (1) Inspection Order
- If the court, justice or judge gravely abuses (2) Production Order [Sec. 15]
his or her discretion in issuing the
inspection order, the aggrieved party is not Requisites
precluded from filing a petition for (1) Verified motion of the respondent
certiorari with the Supreme Court (2) Due hearing
(3) Affidavits or testimonies of witnesses having
(3) Production Order. personal knowledge of the defenses of the
- Issued only upon verified motion and after respondent.
due hearing
- Directed to any person in possession, B.13 QUANTUM OF PROOF IN APPLICATION
custody or control of any designated FOR ISSUANCE OF WRIT OF AMPARO
documents, papers, books, accounts, The parties shall establish their claims by
letters, photographs, objects or tangible substantial evidence.
things, or objects in digitized or electronic
form which constitute or contain evidence If respondent is a public official or employee
relevant to the petition or the return, to Must prove that extraordinary diligence as
produce and permit their inspection, required as required by the applicable laws, rules

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and regulations was observed in the performance act or omission of a public official or employee, or
of duty. of a private individual or entity engaged in the
gathering, collecting or storing of data or
Cannot invoke the presumption that official duty information regarding the person, family, home
has been regularly performed to evade and correspondence of the aggrieved party. [Sec.
responsibility or liability 1]

If respondent is a private individual or entity It is an independent and summary remedy


Must prove that ordinary diligence as required by designed to protect the image, privacy, honor,
applicable laws, rules and regulations was information, and freedom of information of an
observed in the performance of duty. [Sec. 17] individual, and to provide a forum to enforce
one’s right to the truth and to informational
With the secret nature of an enforced privacy. It seeks to protect a person’s right to
disappearance and the torture perpetrated on control information regarding oneself,
the victim during detention, it logically holds that particularly in instances in which such
much of the information and evidence of the information is being collected through unlawful
ordeal will come from the victims themselves. means in order to achieve unlawful ends. There
must be a nexus between the right to privacy, as
Their statements can be corroborated by other well as the violation or threatened violation of the
evidence such as physical evidence left by the rights to life, liberty, and security, for the writ to
torture or landmarks where detained. [Sec. of issue. [Gamboa v. Chan, G.R. No. 193636 (2012)]
National Defense v. Manalo, G.R. No. 180906
(2008)] Writ of Habeas Data was not enacted solely for
the purpose of complementing the Writ
The writ can only be issued upon reasonable of Amparo in cases of extralegal killings and
certainty. Substantialevidence is sufficient to enforced disappearances. It may be availed of in
grant the writ because the respondent is the cases outside of extralegal killings and enforced
State which has more resources than the disappearances. Habeas data, to stress, was
petitioner. However, the SC held that mere designed “to safeguard individual freedom from
inclusion in an Order of Battle List is insufficient abuse in the information age.” It can be availed of
to grant the writ absent a finding of a direct as an independent remedy to enforce one’s right
relation between prior deaths and the subject list. to privacy, more specifically the right to
No evidence was shown that the deaths occurred informational privacy. [Vivares v. St Theresa’s
due to inclusion in the list. [Ladaga v. Magapu, College G.R. No. 202666 (2014)]
G.R. No. 189689 (2012)]
C.2 AVAILABILITY OF WRIT
That a public official failed to observe
extraordinary diligence in the performance of his Where to file
duties does not result in the automatic grant of (1) RTC, at the option of the petitioner
the writ. Such failure does not relieve the (a) Where petitioner resides; or
petitioner from establishing his claim by (b) Where respondent resides; or
substantial evidence. [Yano v. Sanchez, G.R. No. (c) Which has jurisdiction over the place
186640 (2010)] where the data or information is gathered,
collected or stored
(2) SC, CA, SB (when action concerns public data
files of government offices). [Sec. 3]
C. WRIT OF HABEAS DATA [A.M. NO. 08-1-
16-SC] Writ is enforceable anywhere in the Philippines.
[Sec. 4]
C.1 SCOPE OF THE WRIT
No fees for indigent petitioners
The petition of the indigent shall be docked and
The writ of habeas data is a remedy available to acted upon immediately, without prejudice to
any person whose right to privacy in life, liberty or subsequent submission of proof of indigency not
security is violated or threatened by an unlawful
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later than fifteen (15) days from the filing of the the right to life, liberty or security of the
petition. [Sec. 5] aggrieved party;
(3) The actions and recourses taken by the
Nexus between right to privacy, and right to life, petitioner to secure the data or
liberty or security information;
The writ, however, will not issue on the basis (4) The location of the files, registers or
merely of an alleged unauthorized access to databases, the government office, and
information about the person. Availment of the the person in charge, in possession or in
writ requires the existence of a nexus between the control of the data or information, if
right to privacy on the one hand, and the right to known;
life, liberty or security on the other [Vivares v. St. (5) The reliefs prayed for, which may include
Theresa’s College, G.R. No. 202666 (2014)] the updating, rectification, suppression
or destruction of the database or
It will not issue to protect purely property or information or files kept by the
commercial concerns nor when the grounds respondent.
invoked in support of the petition therefor are (6) In case of threats, the relief may include a
vague and doubtful [Manila Electric Company v. prayer for an order enjoining the act
Lim, G.R. No. 184769 (2010)] complained of; and
(7) Such other relevant reliefs as are just and
C.3 DISTINGUISH FROM HABEAS CORPUS equitable. [Sec. 6]
AND AMPARO
NOTE: SEE A.6 (Distinguish from Amparo and Issuance of Writ
Habeas Data) Upon the filing of the petition, the court, justice or
NOTE: SEE Comparative Table at the end of the judge shall immediately order the issuance of the
Special Proceedings portion of the reviewer for a writ if on its face it ought to issue. [Sec. 7]
more comprehensive list of distinctions.
C.6 CONTENTS OF THE RETURN
C.4 WHO MAY FILE THE PETITION (1) The lawful defenses such as national security,
Any aggrieved party may file a petition for the writ state secrets, privileged communication,
confidentiality of the source of information of
of habeas data.
media and others;
(2) In case of respondent in charge, in possession
However, in cases of extralegal killings and or in control of the data or information
enforced disappearances, the petition may be subject of the petition:
filed by: a. disclosure of the data or information
(a) Any member of the immediate family of about the petitioner, the nature of such
the aggrieved party, namely: the spouse, data or information, and the purpose for
its collection;
children and parents; or
b. the steps or actions taken by the
(b) Any ascendant, descendant or collateral respondent to ensure the security and
relative of the aggrieved party within the confidentiality of the data or information;
fourth civil degree of consanguinity or and
affinity, in default of those mentioned in c. the currency and accuracy of the data or
the preceding paragraph [Sec. 2] information held; and
(3) Other allegations relevant to the resolution of
the proceeding.
C.5 CONTENTS OF THE PETITION
Contents of the Petition A general denial of the allegations in the petition
A verified written petition for a writ of habeas shall not be allowed. [Sec. 10]
data should contain:
(1) The personal circumstances of the When to file return
petitioner and the respondent; Respondent must file a verified written return
(2) The manner the right to privacy is within five (5) work days from service of the writ,
violated or threatened and how it affects
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together with supporting affidavits. The 5-day


period may be reasonably extended by the Court When a criminal action has been commenced, no
for justifiable reasons. separate petition for the writ shall be filed. [Sec.
22]
Prohibited Pleadings and Motions
The following pleadings and motions are C.10 INSTITUTION OF SEPARATE ACTION
prohibited:
(1) Motion to dismiss; The filing of a petition for the writ of habeas data
(2) Motion for extension of time to file return, shall not preclude the filing of separate criminal,
opposition, affidavit, position paper and civil or administrative actions. [Sec. 20]
other pleadings;
(3) Dilatory motion for postponement;
C.11 QUANTUM OF PROOF IN APPLICATION
(4) Motion for a bill of particulars;
FOR ISSUANCE OF WRIT OF HABEAS DATA
(5) Counterclaim or cross-claim;
(6) Third-party complaint;
(7) Reply; An indispensable requirement before the
(8) Motion to declare respondent in default; privilege of the writ may be extended is the
(9) Intervention; showing, at least by substantial evidence, of an
(10) Memorandum; actual or threatened violation of the right to
(11) Motion for reconsideration of interlocutory privacy in life, liberty or security of the victim
orders or interim relief orders; and [Roxas v. Arroyo, G.R. No. 189155 (2010)]
(12) Petition for certiorari, mandamus or
prohibition against any interlocutory order. Not only direct evidence, but circumstantial
[Sec. 13] evidence, indicia, and presumptions may be
considered, so long as they lead to conclusions
C.7 INSTANCES WHEN DEFENSES MAY BE consistent with the admissible evidence adduced
HEARD IN CHAMBERS [Saez v. Arroyo, G.R. No. 183533 (2012)]

(1) Where the respondent invokes the defense


that the release of the data or information in
question shall compromise national security
or state secrets, or
(2) When the data or information cannot be
divulged to the public due to its nature or
privileged character. [Sec. 12]

C.8 CONSOLIDATION
When a criminal action is filed subsequent to the
filing of a petition for the writ, the latter shall be
consolidated with the criminal action.

When a criminal action and a separate civil action


are filed subsequent to a petition for a writ of
habeas data, the petition shall be consolidated
with the criminal action. [Sec. 21]

C.9 EFFECT OF FILING CRIMINAL ACTION


Reliefs under the writ shall be available to an
aggrieved party by motion in a criminal case.
- Procedure under this Rule shall govern the
disposition of the reliefs available under the
writ of habeas data.

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Comparative Table of the Writs of Habeas Corpus, Amparo, and Habeas Data

Habeas Corpus Amparo Habeas Data


(1) All cases of illegal
confinement and Involves the right to
detention which any privacy in life, liberty or
person is deprived of his Involves right to life, liberty security violated or
liberty and security violated or threatened by an
(2) Deprivation of rightful threatened with violation unlawful act or omission
custody of any person by an unlawful act or of a public official or
from the person entitled omission of a public employee, or of a private
Nature, scope, [Sec. 1] official or employee or a individual or entity
function private individual or entity engaged in the
Actual violation before writ gathering, collecting or
issues. Covers extralegal killings storing of data or
and enforced information regarding
NOTE: Villavicencio v. Lukban disappearances or threats the person, family, home
(G.R. No. L-14639, 1919) on thereof. [Sec. 1] and correspondence of
applicability of the writ in the aggrieved party.
case of constructive [Sec. 1]
restraint.
May not be suspended
Shall not diminish, Shall not diminish,
except in cases of invasion or
increase or modify increase or modify
Limitations rebellion when public safety
substantive rights [Sec. substantive rights [Sec.
requires it [Sec. 15, Art. III,
23] 23]
1987 Const.]
Petition filed by the
aggrieved party or by any Any aggrieved party may
qualified person or entity file a petition.
in the following order:
However, in cases of
(1) Any member of the extralegal killings and
immediate family enforced
disappearances, the
(2) Any ascendant, petition may be filed by
descendant or (also successive):
By a petition signed and
collateral relative of
verified by the party for
the aggrieved within (1) Any member of the
Who may file whose relief it is intended, or
the 4th civil degree of immediate family of
by some person on his behalf
affinity or the aggrieved
[Sec. 3]
consanguinity
(2) Any ascendant,
(3) Any concerned citizen, descendant or
organization, collateral relative of
association or the aggrieved party
institution within the fourth
civil degree of
Filing by the aggrieved consanguinity or
suspends the right of all affinity [Sec. 2]
others [Sec. 2]
(1) SB, CA, SC, or any
(1) SC or any member (1) At the option of
justice of such courts
Where filed thereof, on any day and petitioner, RTC
(2) RTC of place where
at any time where:
the threat, act, or
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(2) CA or any member omission was (a) Petitioner
thereof in instances committed or any resides or
authorized by law element occurred (b) Respondent
(3) RTC or a judge thereof, [Sec. 3] resides or
on any day and at any (c) That which has
time, enforceable only jurisdiction over
within his judicial district the place where
[Sec. 2] the data or
(4) MTC or first level courts information is
in the absence of RTC gathered,
judges in a judicial region collected or
[Sec. 35, BP 129] stored
(2) SC, CA, or SB – If
public data files of
government offices
[Sec. 3]
If SC/CA issued, anywhere in
the Philippines.

If granted by the RTC or


judge thereof, it is
Where Anywhere in the Anywhere in the
enforceable in any part of the
enforceable Philippines [Sec. 4] Philippines [Sec. 3]
judicial region [Sec. 21, BP
129 which modified the term
judicial district in Sec. 2, Rule
102 into judicial region]
where the judge sits
If issued by: If issued by:
(1) SC or any of its justices, (1) SC or any of its
returnable before such justices, before such
court or any justice Court or any justice
thereof, or before the thereof, or CA/SB or
CA/SB or any of their any of its justices, or
justices, or to any RTC the RTC of the place
of the place where the where the petitioner
If issued by: threat, act or omission or respondent
(1) SC/CA, or a member was committed or any resides/has
thereof, returnable of its elements jurisdiction over the
before such court or any occurred place where the
Where
member thereof or an (2) CA/SB or any of their data or information
returnable
RTC justices, returnable is gathered, stored
(2) RTC, or a judge thereof, before such court or or collected
returnable before any justice thereof, or (2) CA/SB or any of its
himself [Sec. 2] to any RTC of the place justices, before such
where the threat, act, court or any justice
or omission was thereof, or RTC
committed or any of its (same with scenario:
elements occurred SC issued and then
(3) RTC or any judge returned in RTC)
thereof, returnable (3) RTC, returnable
before such court or before such court or
judge [Sec. 3] judge [Sec. 4]

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None for indigent
Petitioner shall be petitioner
exempted from the
Upon the final disposition of payment of the docket and Petition shall be
such proceedings the court other lawful fees docketed and acted
Docket Fees or judge shall make such upon immediately,
order as to costs as the case Court, justice or judge without prejudice to
requires [Sec. 19] shall docket the petition subsequent submission
and act upon it of proof of indigency not
immediately [Sec 4] later than 15 days from
filing [Sec. 5]
Verified and written
Signed and verified and petition shall contain:
shall allege:
(1) Personal
(1) The personal circumstances of
circumstances of the petitioner and
Signed and verified either by
petitioner respondent
the party for whose relief it is
(2) Name or appellation (2) Manner the right to
intended or by some person
and circumstances of privacy is violated or
on his behalf, setting forth:
the respondent threatened and its
(3) The right to life, effects
(1) The person in whose
liberty, and security (3) Actions and
behalf the application is
Essential violated or recourses taken by
made is imprisoned or
allegations/ threatened with the petitioner to
restrained of his liberty
Contents of violation, secure the data or
(2) Name of the person
petition (4) The investigation information
detaining another or
conducted, if any, (4) The location of the
assumed appellation
plus circumstances of files, registers, or
(3) Place where he is
each databases, the
imprisoned or
(5) The actions and government office,
restrained of his liberty
recourses taken by and the person in
(4) Cause of detention [Sec.
the petitioner charge or control
3]
(6) Relief prayed for (5) The reliefs prayed
for
May include a general
prayer for other just and Such other relevant
equitable reliefs [Sec. 5] reliefs as are just and
equitable [Sec. 6]
Court or judge must, when a Upon the filing of the
Upon filing of the
petition is presented and it petition, the court, justice,
petition, the court,
appears that it ought to or judge shall immediately
justice, or judge shall
issue, grant the same and order the issuance of the
immediately order the
then: writ if on its face it ought to
issuance of the writ if on
issue
its face it ought to issue.
- the clerk of court (CoC)
When proper
shall issue the writ under - CoC shall issue the writ
- CoC shall issue the
the seal of the court or under the seal of the
writ under the seal
- in case of emergency, the court or
of the court and
judge may issue the writ - In case of urgent
cause it to be served
under his own hand, and necessity, the justice or
within 3 days from
may depute any officer or the judge may issue
issuance or
person to serve it the writ under his or
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her own hand, and may - In case of urgent
Also proper to be issued deputize any officer or necessity, the justice
when the court or judge has person to serve it. [Sec. or judge may issue
examined into the cause of 6] the writ under his or
restraint of the prisoner, and her own hand, and
is satisfied that he is may deputize any
unlawfully imprisoned [Sec. officer or person to
5] serve it [Sec. 7]
Writ may be served in any
province by the (a) sheriff, (b)
other proper officer, or (c) The writ shall be served The writ shall be served
person deputed by the court upon the respondent by a upon the respondent by
or judge. judicial officer or by a a judicial officer or by a
person deputized by the person deputized by the
Service is made by leaving court, justice or judge who court, justice or judge
the original with the person shall retain a copy on who shall retain a copy
to whom it is directed and which to make a return of on which to make a
Service
preserving a copy on which service. return of service.
to make return of service.
If that person cannot be In case the writ cannot be In case the writ cannot
found, or has not the served personally on the be served personally on
prisoner in his custody, respondent, the rules on the respondent, the rules
service shall be made on any substituted service shall on substituted service
other person having or apply [Sec. 8] shall apply [Sec. 9]
exercising such custody [Sec.
7]
A public official or
Respondent is a public employee or a private
May or may not be an officer official or employee or individual or entity
Respondent
[Sec. 6] private individual or entity engaged in gathering,
[Sec. 1] collecting or storing data
[Sec. 1]
The officer to whom the writ
is directed shall convey the
person so imprisoned or
restrained before:

- the judge allowing the


writ, or
- in his absence or
disability, before some
other judge of the same
How executed Respondent files the Respondent files the
court
and returned return [Sec. 9] return [Sec. 10]
on the day specified in the
writ, unless person directed
to be produced is sick or
infirm, and cannot, without
danger, be brought therein.
Officer shall then make due
return of the writ, with the
day and cause of the caption
and restraint according to
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the command thereof [Sec.
8]
Within 5 working days
When to file On the day specified on the Same as Amparo [Sec.
after service of the writ
return writ [Sec. 8] 10]
[Sec. 9]
Within 5 working days
after service of the writ,
(1) Lawful defenses such
the respondent shall file a
as national security,
verified written return
When the person to be state secrets,
together with supporting
produced is imprisoned or privileged
affidavits which shall,
restrained by an officer, the communications,
contain:
person who makes the return confidentiality of the
shall state, and in other source of information
(1) Lawful defenses
cases the person in whose of media etc.
(2) The steps or actions
custody the prisoner is found (2) In case of respondent
taken to determine the
shall state in writing to the incharge, in
fate or whereabouts of
court or judge before whom possession or in
the aggrieved party
the writ is returnable: control of the data or
(3) All relevant
information subject
information in the
(1) Truth of custody/power of the petition:
possession of the
over the aggrieved party (a) A disclosure of
respondent pertaining
(2) If he has custody or the data or
to the threat, act or
power, or under restraint, information
omission against the
the authority and the about the
aggrieved party
cause thereof, with a petitioner, the
(4) If the respondent is a
Contents of copy of the writ, order, nature of such
public official or
return execution or other data or
employee, the return
process, if any upon information, and
shall further state acts:
which the party is held the purpose for its
(a) To verify identity of
(3) If the party is in his collection
aggrieved party
custody or power, and is (b) The steps or
(b) To recover and
not produced, actions taken by
preserve evidence
particularly the nature the respondent to
(c) To identify and
and gravity of the ensure the
collect witness
sickness or infirmity security and
statements
(4) If he has had the party in confidentiality of
(d) To determine
his custody or power, and the data or
cause, manner,
has transferred such information
location, and time
custody or restraint to (c) The currency and
of death or
another, particularly to accuracy of the
disappearance
whom, at what time, for data or
(e) To identify and
what cause, and by what information held
apprehend persons
authority such transfer (3) Other allegations
involved
was made. [Sec. 10] relevant to the
(f) Bring suspected
resolution of the
offenders before a
proceeding [Sec.10]
competent court
[Sec.9]
Return or statement shall be
Respondent shall file a Respondent shall file a
signed and sworn to by the
Formalities of verified written return verified written return
person who makes it if the
return together with supporting together with supporting
prisoner is not produced,
affidavits [Sec. 9] affidavits [Sec. 10]
unless the return is made
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and signed by a sworn public
officer in his official capacity
[Sec. 11]
(1) CoC who refuses to issue (1) Contempt without (1) Contempt without
the writ after allowance prejudice to other prejudice to other
and demand, or disciplinary actions disciplinary actions
(2) A person to whom a writ (a) CoC who refuses to (a) CoC who refuses to
is directed, who: issue the writ after issue the writ after
(a) neglects/refuses to its allowance, or its allowance, or
obey or make return of (b) A deputized person (b) A deputized
Penalties the same according to who refuses to person who
the command thereof, serve the writ [Sec. refuses to serve the
For refusing to (b) or makes false return, 7] writ [Sec. 8]
issue or serve (c) or upon demand made (2) Contempt punishable (2) Contempt punishable
by or on behalf of the by imprisonment or a by imprisonment or a
For faulty return prisoner, refuses to fine fine
deliver to the person (a) A respondent (a) A respondent
demanding, within 6 whorefuses to make whorefuses to
hours a true copy of a return, or make a return, or
the warrant or order of (b) A respondent who (b) A respondent who
commitment, makes a false makes a false
shall forfeit to the party return, or return, or
aggrieved the sum of P1000, (c) Any person who (c) Any person who
recoverable in a proper otherwise disobeys otherwise disobeys
action, and may also be or resist a lawful or resist a lawful
punished for contempt [Sec. process or order of process or order of
16] the court [Sec. 16] the court [Sec. 11]
No, not even on highly Yes, for justifiable
meritorious grounds. reasons [Sec. 10]
Is period of
Note: Motion for extension Note: Motion for
return
of time to file a return is a extension of time to file a
extendable?
prohibited pleading [Sec. return is a prohibited
11] pleading [Sec. 13]
Is a general
Not allowed [Sec. 9] Not allowed [Sec. 10]
denial allowed?
Defenses not Deemed waived if not
pleaded raised in return [Sec. 10]
Court, judge, or justice
shall hear the motion ex
parte, granting the
petitioner such reliefs as
Court or justice shall
Effect of failure the petition may warrant
proceed to hear the
to file return
petition ex parte [Sec. 12]
Unless the court in its
discretion requires the
petitioner to submit
evidence [Sec. 14]
Summary. Summary.

Nature of However, the court, With possibility of


Hearing justice, or judge may call preliminary conference
for a preliminary similar to Amparo [Sec.
conference to simplify the 14]
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issues and look at
possibility of obtaining Hearing in chambers
stipulations and may be conducted where
admissions from the respondent invokes the
parties. defense of national
security or state secrets,
Hearing shall be from day or the data is of
to day until completed privileged character
same priority as petitions [Sec. 12]
for Habeas Corpus [Sec.
13]
As specified in the writ, not As specified in the writ,
Date and time As specified in the writ [Sec. later than 7 days from the not later than 10 working
of hearing 8] issuance of the writ [Sec. days from the date of
6] issuance writ [Sec. 7]
(1) Motion to dismiss
(2) Motion for extension of
time to file opposition,
affidavit, position
paper and other
pleadings
(3) Dilatory motion for
postponement
(4) Motion for bill of
particulars
In custody of minors: a (5) Counterclaims or
motion to dismiss, except on cross-claims
Prohibited Same as Amparo [Sec.
the ground of lack of (6) Third-party complaint
pleadings 13]
jurisdiction [Sec. 6, Rule on (7) Reply
Custody of Minors and WHC] (8) Motion to declare
respondent in default
(9) Intervention
(10) Memorandum
(11) Motion for
reconsideration of
interlocutory orders or
interim relief orders
(12) Petition for certiorari,
mandamus, or
prohibition [Sec.11]
Substantial evidence
• if respondent is a
private individual or
Substantial evidence
Burden of Clear and convincing entity, ordinary
required to prove the
Proof/Standard evidence [Dizon v. Eduardo, diligence
allegations in the
of Diligence G.R. No. L-59118 (1988)] • if public official or petition [Sec. 16]
employee,
extraordinary
diligence [Sec. 17]
Yes. Consonant with Sec. 13, Public official or employee
Presumption of
stating that if warrant of cannot invoke the
Official Duty
commitment is in pursuance presumption that official

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with law, serves as prima duty has been regularly
facie cause of restraint performed [Sec. 17]
Upon filing of the petition
or at any time before final
judgment, the court,
justice or judge may grant
any of the following
reliefs:
Interim reliefs
- temporary protection
order
- inspection order
- production order
- witness protection
order [Sec. 14]
Within 10 days from the Within 10 days from the
time the petition is time the petition is
Judgment
submitted for decision submitted for decision
[Sec. 18] [Sec. 16]
5 working days from the 5 working days from the
Within 48 hours from notice
date of notice of adverse date of notice of adverse
Appeal of the judgment of final order
judgment to the SC under judgment to the SC
appealed [Sec. 39, BP 129]
Rule 45 [Sec. 19] under Rule 45 [Sec. 19]
Institution of
Separate Not precluded Not precluded
Actions
Consolidated with a Consolidated with a
Consolidation criminal action filed criminal action filed
of actions subsequent to the petition subsequent to the
[Sec. 23] petition [Sec. 21]
No more separate petition
Effect of filing shall be filed. Reliefs Same as Amparo [Sec.
criminal action available by motion in the 21]
criminal case [Sec. 22]

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REMEDIAL LAW
CRIMINAL
PROCEDURE

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complaint or information. The averments in the


V. CRIMINAL complaint or information characterize the crime
to be prosecuted and the court before which it
PROCEDURE must be tried. [Buaya v. Polo, G.R. No. L-75079
(1989)]
A. GENERAL MATTERS
It cannot be fixed by the will of the parties, the
A.1. JURISDICTION OVER SUBJECT MATTER court or the accused, or by mere administrative
AND JURISDICTION OVER PERSON OF THE policy of any trial court [Riano (2011)].
ACCUSED DISTINGUISHED; TERRITORIAL
JURISDICTION Statute Applicable
Jurisdiction of a court to try a criminal action is
Jurisdiction over Jurisdiction over determined by the law in force at the time of the
subject matter person of the institution of the action, and not the law in force
at the time of the commission of the crime [People
accused v. Lagon, G.R. No. 45815 (1990)].
Definition Refers to the Refers to the
authority of the authority of the Imposable Penalty
court to hear court over the In determining whether or not the court has
and determine person charged jurisdiction over an offense, we consider the
a particular penalty which may be imposed upon the accused
for the charge in the complaint and not the actual
criminal case penalty imposed after the trial [People v. Purisima,
How Conferred by May be G. R. No. L-40902 (1976)].
acquired law; can never acquired by the
be acquired apprehension Principle Of Adherence Of Jurisdiction
solely by of the accused,
consent of the or by consent of GENERAL RULE: Under the principle of
accused the accused, or adherence of jurisdiction or continuing jurisdiction,
once a court acquires jurisdiction over a
by waiver of controversy, it shall continue to exercise such
objections as jurisdiction until the final determination of the
when the case.
accused enters
his plea It is not affected by:
(1) A subsequent valid amendment of the
Waiver of Right to object Right to object
information [People v. Chupeco, G.R. No. L-
objection is never waived; may be waived; 19568 (1964)]; or
the absence of failure of the (2) A new law vesting jurisdiction over such
jurisdiction over accused to proceedings in another tribunal [Palana v.
the subject object in time People, G. R. No. 149995 (2007)].
matter may be would EXCEPTIONS: The succeeding statute:
raised at any constitute (a) expressly provides, or
(b) is construed to the effect that it is intended
stage of the waiver to operate to actions pending before its
proceeding enactment [Palana v. People, G. R. No.
149995 (2007)].
1. Jurisdiction Over Subject Matter
This refers to the right to act or the power and 2. Jurisdiction Over The Person Of The Accused
authority to hear and determine a cause. [Gomez This is acquired either by:
v. Montalban, G.R. No. 174414 (2008)] (a) Arrest of the accused; or
(b) Voluntary appearance or submission of the
It is determined by the allegations in the accused to the jurisdiction of the court
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[Antiporda v. Garchitorena, G.R. No. 133289 and impose the punishment for it [People v.
(1999), citing Arula v. Espino, G.R. No. L- Mariano, G.R. No. L-40527 (1976)]
28949 (1969)].
Requisites
Voluntary appearance of the accused is (1) Subject matter jurisdiction, that is, whether or
accomplished by: not the court has jurisdiction over the offense
(1) Filing pleadings seeking affirmative relief, by virtue of the imposable penalty and its
Except: In case of special appearance to nature;
challenge the jurisdiction of the court over the (2) Jurisdiction over the person of the accused;
person [Garcia v. Sandiganbayan, G.R. Nos. (3) Territorial jurisdiction, which refers to venue or
170122 & 171381 (2009)], e.g. the place where the case is to be tried.
(a) a motion to quash a complaint on the
ground of lack of jurisdiction over the A.3. JURISDICTION OF CRIMINAL COURTS
person of the accused because failure to
file would be a waiver of the defense of lack
of jurisdiction over the person, or Regular (Civilian) Courts
(b) a motion to quash the warrant of arrest MTC/MeTC/MCTC
because it is the very legality of the court (1) Exclusive original jurisdiction over all
process forcing the submission of the violations of city or municipal ordinances
person of the accused that is the very issue
committed within their respective territorial
in the motion to quash a warrant of arrest
[Miranda v. Tuliao, G.R. No. 158763 jurisdiction [Sec. 32(1), BP 129];
(2006)]; (2) Exclusive original jurisdiction over all
(2) Giving bail. offenses punishable with imprisonment not
exceeding 6 years irrespective of the amount
3. Territorial jurisdiction of fine, and regardless of other imposable
This element requires that the offense must have accessory or other penalties, including the
been committed within the court’s territorial civil liability arising from such offenses or
jurisdiction or within the geographical limits of predicated thereon, irrespective of kind,
the territory over which the court presides. This is nature, value, or amount thereof [Sec. 32(2),
to be determined by the facts alleged in the BP 129];
complaint or information as regards the place (3) Exclusive original jurisdiction over offenses
where the offense charged was committed involving damage to property through
[Riano]. criminal negligence [Sec. 32(2), BP 129; RA
7691] (this rule disregarding the amount of
Venue in criminal cases is an essential element of fine and other accessory penalties in
jurisdiction. Hence for jurisdiction to be acquired determining jurisdiction does not apply when
by a court in criminal case, the offense should the offense is punishable by fine only);
have been committed or any one of its essential For Nos. 1-3, cases falling within the exclusive
ingredients should have taken place within the jurisdiction of the RTC and Sandiganbayan are
territorial jurisdiction of the court. It is in that not included.
court where the criminal action shall be (4) Cases classified under the Revised Rules on
instituted. The concept of venue in criminal cases, Summary Procedure [SC Resolution, October
unlike in civil cases, is jurisdictional [People v. 15, 1991];
Grospe, G.R. No. L-74053 (1988)] (a) Violations of traffic laws, rules, or
regulations;
A.2. REQUISITES FOR EXERCISE OF CRIMINAL (b) Violations of rental law;
JURISDICTION (c) Cases where the penalty prescribed by
Criminal Jurisdiction law for the offense charged is
The authority to hear and try a particular offense imprisonment not exceeding 6 months, or

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a fine not exceeding P1,000, or both, commission of the offense [RA 9344];
irrespective of other imposable penalties, (4) Cases against minors cognizable under the
accessory or otherwise, or of the civil Dangerous Drugs Act, as amended [RA 8369
liability arising therefrom; (Family Courts Act of 1997)];
(d) Offenses involving damage to property (5) Violations of RA 7610 (Child Abuse Act);
through criminal negligence (imposable (6) Cases of domestic violence against women
fine does not exceed P10,000); and children. If an act committed against
(5) Violations of BP 22 [AM 00-11-01-SC (2003)]; women and children likewise constitute a
(6) Special jurisdiction to decide on applications criminal offense, the accused or batterer shall
for bail in criminal cases in the absence of all be subject to criminal proceedings and the
RTC judges in a province or city [Sec. 35, BP corresponding penalties [RA 8369 (Family
129]. Courts Act of 1997)];
(7) Exclusive original jurisdiction over all (7) Violations of intellectual property rights [AM
violations of city or municipal ordinances 03-03-03-SC (2003); RA 8293];
committed within their respective territorial (8) Money Laundering Cases (RA 9160), except
jurisdiction [Sec. 32(1), BP 129]; those committed by public officers and
(8) Exclusive original jurisdiction over all private persons who are in conspiracy with
offenses punishable with imprisonment not such public officers shall be under the
exceeding 6 years irrespective of the amount jurisdiction of the Sandiganbayan.
of fine, and regardless of other imposable (9) In cases where the only penalty provided by
accessory or other penalties, including the law is a fine exceeding PHP 4,000 [SC
civil liability arising from such offenses or Circular 09-94, June 14, 1994]
predicated thereon, irrespective of kind,
nature, value, or amount thereof [Sec. 32(2), Sandiganbayan
BP 129]; (1) Exclusive original jurisdiction in those cases
(9) Exclusive original jurisdiction over offenses expressly enumerated in PD 1606, as
involving damage to property through amended by RA 8249, violations of RA 3019,
criminal negligence [Sec. 32(2), BP 129; RA RA 1379, and Chapter II, Section 2, Title VII,
7691] (this rule disregarding the amount of Book II, RPC;
fine and other accessory penalties in
determining jurisdiction does not apply when The officials enumerated are:
the offense is punishable by fine only); (a) Officials of the executive branch
(10) In cases where the only penalty provided by occupying the positions of regional
law is a fine of not more than PHP 4,000 [SC director and higher, otherwise classified
Circular 09-94, June 14, 1994] as Grade 27 and higher, of the
Compensation and Position
RTC Classification Act of 1989 [RA 6758];
(1) Exclusive original jurisdiction in all criminal NOTE: The shift from, “PNP chief
cases not within the exclusive jurisdiction of superintendent and PNP officers of
any court, tribunal or body [Sec. 20, BP 129]; higher rank” to “Officers of the PNP while
(2) Exclusive appellate jurisdiction over all cases occupying the position of provincial
decided by the MTC within its territorial director and those holding the rank of
jurisdiction [Sec. 22, BP 129]; senior superintendent and higher” in this
(3) Criminal cases where one or more of the enumeration, as provided by the
accused is below 18 years of age but not less amendment in RA 10660.
than 15 years, or where one or more of the (b) Members of Congress and officials
victims is a minor at the time of the thereof classified as “Grade 27” and up

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under the Compensation and Position society [Domingo v. Sandiganbayan, G.R. No.
Classification Act of 1989; 109376 (2000)].
(c) Members of the judiciary without
prejudice to the provisions of the EXCEPTIONS [Brocka v. Enrile, G.R. No. 69863-65
Constitution; (1990)]:
(1) When necessary in the protection of the
(d) Chairmen and members of Constitutional
constitutional rights of the accused;
Commissions, without prejudice to the (2) When necessary for the orderly administration
provisions of the Constitution; of justice or to avoid oppression or multiplicity
(e) All other national and local officials of suits;
classified as “Grade 27” (3) Where there is a prejudicial question which is
sub judice;
(2) Other offenses or felonies whether simple or (4) Where acts of the officer are without or in
excess of authority;
complexed with other crimes committed by
(5) When the prosecution is under an invalid law
public officials and employees in relation to or statute;
their office. The following must concur: (6) When double jeopardy is apparent;
(a) Accused is any one of the public officials (7) When court has no jurisdiction over the
enumerated in subsection (a) of Sec. 4 of offense;
RA 8249, Grade 27 or higher (8) When it is a case of persecution rather than
(b) Accused commits any other offense or prosecution;
(9) Where the charges are manifestly false and
felony, than those specified in subsec. (a), motivated by vengeance;
whether simple or complexed with other (10) Where there is no prima facie case and a
crimes motion to quash on that ground has been
(c) The offender commits such other offense denied;
or felony in relation to his office (11)Where preliminary injunction has been issued
by the SC to prevent the threatened unlawful
arrest of petitioner.
(3) Cases filed pursuant to and in connection with
EO 1, 2, 14, 14-A (1986).
B. PROSECUTION OF OFFENSES
Military Courts
GENERAL RULE: Ordinary courts will have B.1. CRIMINAL ACTIONS; HOW INSTITUTED
jurisdiction over cases involving members of the
armed forces, and other persons subject to In General
military law, regardless of who the co-accused or
The institution of a criminal action generally
victims are.
depends upon whether the offense is one which
requires a preliminary investigation or not.
EXCEPTION: When the offense is service-oriented,
it will be tried by the court martial; Provided, that
A criminal action is commenced by the filing of a
the President may, in the interest of justice, order
complaint or information. The complaint may be
or direct, at any time before arraignment, that
filed either with the MTC, when allowed, or with a
any such crimes or offenses be tried by the proper
public prosecutor for purposes of conducting a
civil courts.
preliminary investigation. [Sec. 1, (Rule 110)]
A.4. WHEN INJUNCTION MAY BE ISSUED TO
Offenses Requiring Preliminary Investigation
RESTRAIN CRIMINAL PROSECUTION
Offenses which require preliminary investigation
GENERAL RULE: The prosecution of a criminal are those where the penalty prescribed by law is
case may not be enjoined by at least 4 years, 2 months and 1 day [Sec. 1, Rule
prohibition/injunction because public interest 112].
requires that criminal acts be immediately
investigated and prosecuted for the protection of The criminal action is instituted by filing the
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complaint with the appropriate officer for Who May File Complaint Or Information
preliminary investigation [Sec. 1(a), Rule 110].
For Non-Private Crimes
Other Offenses Persons authorized to file a complaint [Sec. 3,
For all other offenses, or in offenses cognizable Rule 110]:
by inferior courts (MTCs or MCTCs), the complaint (1) The offended party
or information is filed directly with said courts or (2) Any peace officer
the complaint is filed with the fiscal [Sec. 1(b), (3) Other public officer charged with the
Rule 110]. enforcement of the law violated

In Metropolitan Manila And Other Cities Persons authorized to file an information [Sec. 4,
In Metropolitan Manila and other chartered cities, Rule 110]:
the complaint shall be filed with the office of the (1) City or provincial prosecutor and their
public prosecutor unless otherwise provided in assistants; and
their charters [Sec. 1(b), Rule 110]. (2) Duly appointed special prosecutors

Effect Of Institution On Prescriptive Period Remedies if the prosecutor refuses to file an


information:
The institution of a criminal action shall interrupt
(1) Action for mandamus, in case of grave abuse
the running of the period of prescription of the
offense charged unless otherwise provided in of discretion;
special laws [Sec. 1, Rule 110]. (2) Lodge a complaint before the court having
jurisdiction over the offense;
(3) Take up the matter with the Department of
There is no more distinction between cases under Justice under the appropriate administrative
the RPC and those covered by special laws with procedure;
respect to the interruption of the period of (4) Institute an administrative charge against the
prescription. [People v. Pangilinan, G.R. No. erring prosecutor; and
152662 (2012)] (5) File criminal action against the prosecutor
with the corresponding civil action for
Suspension Of Prescriptive Periods In Cases damages
Falling Under The Authority Of The Lupon
While the dispute is under mediation, conciliation For Private Crimes [Sec. 5, Rule 110]
or arbitration, the prescriptive periods for Private crimes which may only be prosecuted by a
offenses and causes of action under existing laws complaint filed by the private offended party [Sec.
shall be interrupted upon filing of the complaint 5, Rule 110]
with the Punong Barangay. The prescriptive Crime Who May File Conditions
periods shall resume upon receipt by the Adultery and Offended (1) Must
complainant of the complaint or the certificate of include
concubinage spouse
repudiation or of the certification to file action both
issued by the Lupon or Pangkat Secretary. Such guilty
interruption however shall not exceed sixty (60) parties
days from the filing of the complaint with the (2) Must not
punong barangay [Sec. 410[c], RA 7160 (The have
Local Government Code of 1991)]. consente
d to the
B.2. WHO MAY FILE; CRIMES THAT CANNOT offense
BE PROSECUTED DE OFFICIO (3) Must not
have
GENERAL RULE: All criminal actions commenced pardone
d the
by a complaint or information shall be prosecuted
offender
under the direction and control of the prosecutor s
[Sec. 5, Rule 110]. Seduction, (1) Offended The offender
party –
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abduction, includes must not offended party, even if the latter is a minor
acts of minors, have been [US v. Luna, G.R. No. 892 (1902)];
lasciviousne except if pardoned by (b) If the offended woman is of age and not
incompeten incapacitated, only she can extend a valid
ss any of (1) to
t or pardon which would absolve the offender.
incapable (4) in the
(2) Parents preceding GENERAL RULE: Pardon must be made before
(3) Grandparen column the filing of the criminal complaint in court.
ts
(4) Guardian EXCEPTION: In rape, marriage between the
(5) State offender and the offended party would be
Defamation, Offended party effective as pardon even when the offender has
which already commenced serving his sentence.
consists of
imputation If there is more than one accused, the pardon
of any of the must be extended to all offenders.
foregoing
offenses Pardon or desistance extinguishes civil liability.
Pardon or express condonation has the effect of
waiving the civil liability with regard to the
Events Subsequent To Filing interest of the injured party. Liability arising from
an offense is extinguished in the same manner as
1. Death Of Offended Party other obligations.
Death after filing the complaint would not
deprive the court of jurisdiction. Pardon Consent

The State shall initiate the action on behalf of the Refers to past acts Refers to future acts
offended party in case of his/her In order to absolve In order to absolve
death/incapacity and he/she has no known the accused from the accused from
parents/grandparents/guardians. liability, it must be liability, it is
extended to both sufficient even if
In adultery/concubinage, death does not
offenders granted only to the
extinguish the criminal liability of accused.
offending spouse
2. Desistance By Offended Party Given after the Given before the
Desistance does not bar the People of the commission of the commission of the
Philippines from prosecuting the criminal action, crime crime
but it operates as a waiver of the right to pursue
civil indemnity.
4. Subsequent Marriage
3. Pardon By Offended Party GENERAL RULE: The marriage of the offender
In adultery and concubinage, the crime shall not with the offended party shall extinguish the
be prosecuted if the offended party has criminal action or remit the penalty already
consented to the offense or pardoned the imposed upon him, together with the co-
offenders. [Sec. 5, Rule 110] principals, accomplices, and accessories after the
fact of the above-mentioned crimes. [Art. 344,
RPC]
In seduction, abduction and acts of lasciviousness
of a minor, the pardon will be effective if given
expressly by his/her parents, grandparents, EXCEPTIONS
guardian or the offended party [Sec. 5, Rule 110]: (1) In adultery and concubinage
(a) The parents/grandparents/guardian of the (2) Marriage was invalid or contracted in bad faith
offended minor (in that order) cannot extend to escape criminal liability [People v. Santiago,
a valid pardon without conformity of the G.R. No. L-27972 (1927)]
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(3) In “private libel”, or the libelous imputation to writing by the Chief of the Prosecution Office or
the complainant of the commission of the the Regional State Prosecutor to prosecute the
crimes of concubinage, adultery, seduction, case subject to the approval of the court.
abduction, or acts of lasciviousness, and in
(1) In case of heavy work schedule of the public
slander by deed [People v. Orzame (39 O.G.
1168)] prosecutor or
(4) In multiple rape, insofar as the other accused (2) In the event of lack of public prosecutors.
in the other acts of rape respectively AM No. 02-2-07-SC (2002) provides that “Once
committed by them are concerned [People v. so authorized to prosecute the criminal action,
Bernardo (38 O.G. 3479)] the private prosecutor shall continue to prosecute
the case up to end of the trial even in the absence
B.3. CRIMINAL ACTIONS, WHEN ENJOINED of a public prosecutor, unless the authority is
revoked or otherwise withdrawn.”
GENERAL RULE: Criminal prosecution cannot be But see cases where the criminal action is still
enjoned, and any exception to this rule must be prosecuted under the direction and control of the
convincingly established [People v. Grey, G.R. No. public prosecutor, which requires that the
180109 (2010)] prosecutor must be present during the
proceedings. [People v. Beriales, G. R. No. L-
EXCEPTIONS [Brocka v. Enrile, G.R. No. 69863-65 39962 (1976)].
(1990)]:
(1) When necessary in the protection of the Before The Court Of Appeals And The Supreme
constitutional rights of the accused;
(2) When necessary for the orderly administration Court
of justice or to avoid oppression or multiplicity
of suits; GENERAL RULE: Only the Solicitor General may
(3) Where there is a prejudicial question which is bring or defend actions in behalf of the Republic
sub judice; of the Philippines, or represent the People of the
(4) Where acts of the officer are without or in Philippines or State in criminal proceedings
excess of authority; before the Supreme Court and the Court of
(5) When the prosecution is under an invalid law Appeals.
or statute;
(6) When double jeopardy is apparent; EXCEPTIONS:
(7) When court has no jurisdiction over the (1) When there is denial of due process of law to
offense; the prosecution and the State or its agents
(8) When it is a case of persecution rather than refuse to act on the case to the prejudice of the
prosecution; State and the private offended party, and
(9) Where the charges are manifestly false and (2) When the private offended party questions the
motivated by vengeance; civil aspect of a decision of a lower court.
(10) Where there is no prima facie case and a
motion to quash on that ground has been Extent Of The Prosecutor’s Control
denied;
(11)Where preliminary injunction has been issued 1. Prior To Filing Of The Case
by the SC to prevent the threatened unlawful These matters are within the control and
arrest of petitioner. supervision of the prosecutor:
(1) What case to file;
B.4. CONTROL OF PROSECUTION (2) Whom to prosecute;
In General (3) Manner of prosecution;
All criminal actions commenced by a complaint (4) Right to withdraw information before
or information shall be prosecuted under the arraignment even without notice and hearing.
direction and control of the prosecutor [Sec. 5,
Rule 110]. 2. After Filing Of The Case
It is the prosecutor’s duty to proceed with the
BUT the private prosecutor may be authorized in presentation of his evidence.
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peace officer or requirement. Lack of


Once a complaint or information is filed in Court, other officer charged authority of the
any disposition of the case as its dismissal or the with the officer signing it
conviction or acquittal of the accused rests on the
enforcement of the cannot be cured by
sound discretion of the Court. A motion to dismiss
should be filed with the Court, which has the law violated. silence, acquiescence
option to grant or deny it. [Crespo v. Mogul, G.R. or even express
No. L-53373 (1987)] consent.)
May be filed either in Filed with the court.
Limitations Of Control By The Court
court or in the
(1) The prosecution is entitled to notice of
prosecutor’s office.
hearing;
(2) The court must await for a petition for review Must be “sworn” Requires no oath.
(maximum of 60 days); hence, under oath. The fiscal filing the
(3) The prosecution’s stand to maintain information is acting
prosecution should be respected by the court;
under the oath of his
(4) The court must make its own independent
assessment of evidence in granting or office.
dismissing motion to dismiss; otherwise, the Usually refers to Usually refers to
judgment is void. felonies which public crimes.
cannot be
Effect Of Lack Of Intervention Of Fiscal
prosecuted de
Although the private prosecutor had previously officio.
been authorized by the special counsel to present
the evidence for the prosecution, in view of the
absence of the City Fiscal at the hearing, it cannot Test Of Sufficiency
be said that the prosecution of the case was A complaint or information is sufficient if it states:
under the control of the City Fiscal. It follows that (1) The name of the accused;
the evidence presented by the private prosecutor (2) The designation of the offense given by the
at said hearing could not be considered as statute;
evidence for the plaintiff [People v. Beriales, G.R. (3) The acts or omissions complained of as
No. L-39962 (1976)]. constituting the offense;
(4) The name of the offended party;
B.5. SUFFICIENCY OF COMPLAINT OR (5) The approximate date of the commission of
INFORMATION the offense; and
(6) The place where the offense was committed
Complaint
[Sec. 6, Rule 110].
A complaint is a sworn written statement
charging a person with an offense, subscribed by
The test for sufficiency of the complaint or
the offended party, any peace officer or other
information is whether the crime is described in
public officer charged with the enforcement of
intelligible terms with such particularity as to
the law violated [Sec. 3, Rule 110].
apprise the accused with reasonable certainty of
the offense charged [Lazarte v. Sandiganbayan,
Information G.R. No. 180122 (2009)].
An information is an accusation in writing,
charging a person with an offense, subscribed by An accused is deemed to have waived his right to
the prosecutor and filed with the court [Sec. 4, assail the sufficiency of the information when he
Rule 110]. voluntarily entered a plea when arraigned and
participated in the trial [Frias v. People, G.R. No.
Complaint Information 171437 (2007)].
Subscribed by the Subscribed by the
Consequently, objections as to form cannot be
offended party, any fiscal. (Indispensable made for the first time on appeal. The accused
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should have moved for a bill of particulars or for alleged to have been committed on a date as near
quashal of information before arraignment, as possible to the actual date of the commission.
otherwise he is deemed to have waived his
objections to such a defect [People v. Teodoro EXCEPTION: When it is a material ingredient of
(2009)]. the offense [Sec. 11, Rule 110]

NOTE: In crimes where the date of commission is 4. Name Of The Offended Party
not a material element, like murder, it is not The complaint or information must state the
necessary to allege such date with absolute name and surname of the person against whom
specificity or certainty. Allegation in an
or against whose property the offense was
information different from the one established
committed, or any appellation or nickname by
during trial would not, as a rule, be considered as
which such person has been or is known. If there
an error fatal to the prosecution. Erroneous
is no better way of identifying him, he must be
allegation is just deemed supplanted by the described under a fictitious name.
evidence.
It only becomes fatal when such discrepancy is so
great that it induces the perception that the Offenses Against Property
information and the evidence are no longer If the name of the offended party is unknown, the
pertaining to one and the same offense. If that property must be described with such
happens, it is struck down for violating right of particularity as to properly identify the offense
accused to be informed of specific charge [People charged. [Sec. 12(a), Rule 110]
v. Delfin, citing People vs. Opemia, G.R. No.
201572 (2014)]. If the true name of the person against whom or
against whose property the offense was
1. Name Of The Accused committed is thereafter disclosed or ascertained,
The complaint or information must state the the court must cause such true name to be
name and surname of the accused or any inserted in the complaint or information and the
appellation or nickname by which he has been or record. [Sec. 12(b), Rule 110]
is known. If his name cannot be ascertained, he
must be described under a fictitious name with a Offended Party Is A Juridical Person
statement that his true name is unknown. Sufficient to state its name, or any name or
designation by which it is known or by which it
If the true name of the accused is thereafter may be identified, without need of averring that it
disclosed by him or appears in some other is a juridical person or that it is organized in
manner to the court, such name shall be inserted accordance with law [Sec. 12(c), Rule 110]
in the complaint or information and record [Sec.
7, Rule 110]. B.6. DESIGNATION OF OFFENSE
The complaint or information shall:
2. Place Of Commission Of The Offense (1) State the designation of the offense given by
GENERAL RULE: It is sufficient if it can be the statute;
understood from its allegations that the offense (2) Aver the acts and omissions constituting the
was committed or some of its essential offense; and
ingredients occurred at some place within the (3) Specify the qualifying and aggravating
jurisdiction of the court. circumstances.

EXCEPTION: The particular place where it was If there is no designation of the offense, reference
committed constitutes an essential element of shall be made to the section or subsection of the
the offense charged or is necessary for its statute punishing it [Sec. 8, Rule 110].
identification [Sec. 10, Rule 110].
This is a procedural requirement to safeguard the
3. Date Of Commission Of The Offense right of the accused to be informed of the nature
GENERAL RULE: It is not necessary to state in the and cause of the accusation against him.
complaint or information the precise date the
offense was committed. The offense may be
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Specific acts of accused do not have to be persons and special conditions and the
described in detail in the information, as it is exemptions from its violation are so incorporated
enough that the offense be described with in the language defining the crime that the
sufficient particularity to make sure the accused ingredients of the offense cannot be accurately
fully understands what he is being charged with and clearly set forth if the exemption is omitted,
[Guy v. People, G.R. No. 166794-96 (2009)]. then the indictment must show that the accused
does not fall within the exemptions.
B.7. CAUSE OF THE ACCUSATION
Simply put, if the exception is needed for defining
GENERAL RULE: The acts or omissions
the offense, then the information should negate
complained of as constituting the offense and the
the exception [US v. Chan Toco, G.R. No. L-3851
qualifying and aggravating circumstances must
(1908)]
be stated:
(1) In ordinary and concise language; and
(2) Not necessarily in the language used in the 2. Where Complex Crime Is Charged
statute; but Where what is alleged in the information is a
(3) In terms sufficient to enable a person of complex crime and the evidence fails to support
common understanding to know what offense the charge as to one of the component offenses,
is being charged as well as its qualifying and the defendant can only be convicted of the
aggravating circumstances and for the court offense proven.
to pronounce judgment [Sec. 9, Rule 110].

Qualifying and aggravating circumstances must B.8. DUPLICITY OF THE OFFENSE; EXCEPTION
be alleged. Otherwise, they are not to be Duplicity of the offense in an information or
considered even if proven during the trial. The complaint means the joinder of two or more
failure to allege such cannot be cured by an separate and distinct offenses in one and the
amendment of the information after the accused same information or complaint.
entered his plea. [People v. Antonio, G.R. No.
142727 (2002)]
GENERAL RULE: The information must charge
.
only one offense [Sec. 13, Rule 110].
Exemplary damages may still be awarded, even if
the aggravating circumstances are not alleged in EXCEPTION: Multiple offenses may be charged
the information. The basis, however, is no longer when the law prescribes a single punishment for
Art. 2230 of the NCC, but Art. 2229 (by way of various offenses.
example or correction for the public good) [People
v. Dalisay, G.R. No. 188106 (2009)] Remedy
The filing of a motion to quash is the remedy in
Where The Law Prescribes Exceptions case of duplicity of offense in an information.

1. Rule On Negative Averments Objection to a complaint or information which


General rule: Where the law alleged to have been charges more than one offense must be timely
interposed before trial [Sec. 3, Rule 120].
violated prohibits generally acts therein defined
and is intended to apply to all persons
indiscriminately, but prescribes certain Failure to do so constitutes a waiver [People v.
limitations/exceptions from its violation, the Tabio, G.R. No. 179477 (2008)] and the court may
indictment/information is sufficient if it alleges convict the accused of as many offenses as are
facts which the offender did as constituting a charged and proved, and impose on him the
violation of law, without explicitly negating the penalty for each offense [Sec. 3, Rule 120].
exception, as the exception is a matter of defense
which the accused has to prove. Modes Of Committing Offense That Are Not
Duplicitous
Exception: Where the statute alleged to have
been violated applies only to specific classes of GENERAL RULE: In case of crimes susceptible of
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being committed in various modes, the evidence the accused might have would be
allegations in the information of the various ways equally applicable in one form as in the other
of committing the offense would be regarded as [People v. Degamo, G.R. No. 121211 (2003), citing
a description of only one offense and information Teehankee v. Madayag, G.R. No. 103102 (1992)].
is not rendered defective.
NOTE: There is no precise definition of what
EXCEPTIONS: constitutes a substantial amendment. According
(1) Complex crimes; to jurisprudence, substantial matters in the
(2) Special complex crimes; complaint or information consist of the recital of
(3) Continuous crimes; facts constituting the offense charged and
(4) Crimes susceptible of being committed in determinative of the jurisdiction of the court.
various modes; Under Section 14, however, the prosecution is
(5) Crimes which another offense is an ingredient given the right to amend the information,
[People v. Camerino, G.R. No. L-13484 (1960)]. regardless of the nature of the amendment, so
long as the amendment is sought before the
B.9. AMENDMENT OR SUBSTITUTION OF accused enters his plea, subject to the
COMPLAINT OR INFORMATION qualification under the second paragraph of
Section 14. Amendments that do not charge
another offense different from that charged in the
I. Amendment original one; or do not alter the prosecution's
Kinds Of Amendment theory of the case so as to cause surprise to the
(1) Formal Amendment merely states with accused and affect the form of defense he has or
additional precision something which is will assume are considered merely as formal
already contained in the original information, amendments [Mendez v. People, G.R. No. 179962
and which, therefore adds nothing essential (2014)].
for conviction for the crime charged
[Gabionza v. CA, G.R. No. 140311 (2001)] A. Amendment Before Plea In Form And
Substance
Examples of Formal Amendment:
(a) New allegations which relate only to the GENERAL RULE: Amendment, formal or
range of penalty that the court might substantial, made before the accused enters his
impose in the event of conviction; plea may be done without leave of court. [Sec. 14,
(b) One which does not charge another offense Rule 110]
distinct from that already charged;
(c) Additional allegation which do not alter EXCEPTION: If the amendment downgrades the
the prosecution’s theory of the case so as to nature of the offense charged in, or excludes any
surprise the accused or affect the form of accused from, the complaint/information, it can
defense he has or will assume; be made only:
(d) One which does not adversely affect any (1) Upon motion of the prosecutor
substantial right of the accused, such as his (2) With notice to the offended party and
right to invoke prescription. (3) With leave of court. [Sec. 14, Rule 110]
(2) Substantial amendment consists of the The court is mandated to state its reasons in
recital of facts constituting the offense resolving the motion of the prosecutor and to
charged and determinative of the jurisdiction furnish all parties, especially the offended party,
of the court. All other matters are merely of of copies of its order [Sec. 14, Rule 110].
form [Teehankee v. Madayag, G.R. No. 103102
(1992)]
B. Amendment After Plea And During Trial
Test As To Whether Formal Or Substantial
The test as to whether the amendment is merely As To Form
formal is whether or not a defense under the Amendment as to form can only be made under
original information would be equally available two conditions:
after the amendment and whether or not any (1) With leave of court;
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(2) It does not cause prejudice to the rights of the Necessity Can be effected Must be with
accused [Sec 14, Rule 110]. of leave without leave of leave of court
of court court
As To Substance
Substantial matter in a complaint is the recital of Necessity Only as to form, Another PI is
facts constituting the offense charged and of new PI no need for entailed and
determinative of the jurisdiction of the court. and plea another PI and accused has to
[Almeda v. Villaluz, G.R. No. L-31665 (1975)]. retaking of plea plead anew

GENERAL RULE: Amendment as to substance at Offense The amended Involves a


this state of the case is proscribed [People v. involved information different offense
Zulueta, G.R. No. L-4017 (1951)]. refers to the which does not
same offense include those
EXCEPTION: Amendment may be allowed if it is charged in the provided in the
beneficial to the accused [People v. Janairo, G.R. original original charge;
No. 129254 (2007)]. information or cannot invoke
to an offense double jeopardy
II. Substitution
which is [Teehankee v.
A complaint or information may be substituted if
included in the Madayag, G.R.
it appears at any time before judgment that a
mistake has been made in charging the proper original charge; No. 103102
offense. The court shall dismiss the original can invoke (1992)]
complaint or information upon the filing of a new double jeopardy
one charging the proper offense, provided the
accused would not be placed in double jeopardy B.10. VENUE OF CRIMINAL ACTIONS
[Sec. 14, Rule 110].

Subject to Sec. 19, Rule 119, when it becomes GENERAL RULE: In all criminal prosecutions, the
manifest at any time before judgment that a action must be instituted and tried in the courts
mistake has been made in charging the proper of the municipality or territory where:
offense and the accused cannot be convicted of (1) The offense was committed; or
the offense charged or any other offense (2) Any of its essential ingredients occurred [Sec.
necessarily included therein, the accused shall 15(a), Rule 110]
not be discharged if there appears good cause to
detain him. The court shall commit the accused This is the principle of territoriality. Venue in
to answer the proper offense and dismiss the criminal cases is jurisdictional. The court has no
original case upon the filing of the proper jurisdiction to try an offense committed outside
information. its territorial jurisdiction. It cannot be waived, or
changed by agreement of the parties, or by the
Limitations: consent of the defendant.
(1) No judgment has yet been rendered;
(2) The accused cannot be convicted of the Thus, where an offense is wholly committed
offense charged or of any other offense outside the territorial limits wherein the court
necessarily included therein; operates, said court is powerless to try the case.
(3) The accused would not be placed in double For the rule is that one cannot be held to answer
jeopardy. for any crime committed by him except in the
jurisdiction where it was committed [Hernandez v.
Amendment And Substitution Distinguished Albano, G.R. No. L-19272 (1967)].
Amendment Substitution
EXCEPTIONS
Scope Formal or Substantial Crime Venue
substantial changes Felonies under Art. 2, Proper court where
changes RPC criminal action was
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first filed place of commission


Those committed on a May be instituted and [Sec. 21]
railroad train, aircraft, tried in the court of In exceptional SC has the power to
or any other public or any municipality or circumstances to order a change of
private vehicle in the territory where such ensure a fair trial and venue or place of trial
court of its trip train, aircraft, or other impartial inquiry to avoid miscarriage
vehicle passed during of justice [Sec. 5(4),
such trip, including Art. VII, Constitution]
place of departure
and arrival For transitory/continuing offenses, the courts of
Those committed on May be instituted and the territories where the essential ingredients of
the crime took place have concurrent jurisdiction.
board a vessel in the tried in the proper
The first court taking cognizance of the case will
course of its voyage court of the first port exclude the others [People v. Grospe, G.R. No. L-
of entry or of any 74053 (1988)].
municipality or
territory through B.11. INTERVENTION OF OFFENDED PARTY
which vessel passed,
subject to the GENERAL RULE: An offended party has the right
generally accepted to intervene in the prosecution of a crime, where
principles of the civil action for recovery of civil liability is
international law instituted in the criminal action [Sec. 16, Rule 110].
Piracy, which has no May be instituted
territorial limits anywhere [People v. NOTE: This is still subject to the control of the
Lol-lo and Saraw, G.R. prosecutor [Phil. Rabbit Bus Lines v. People, G.R.
No. 147703 (2004)]
No. 17958 (1922)]
Libel May be instituted at EXCEPTIONS
the election of the (1) Where, from the nature of the crime and the
offended party or law defining and punishing it, no civil liability
suing party in the arises in favor of a private offended party (e.g.
province or city, treason, rebellion, espionage and contempt);
subject to Art. 360, (2) Where, from the nature of the offense, the
private offended party is entitled to civil
RPC
indemnity arising therefrom but he has waived
Cases filed under BP 22 May be filed in the the same or has expressly reserved his right to
place where the check institute a separate civil action or he has
was dishonored or already instituted such action.
issued, or in case of a
cross-check, in the C. PROSECUTION OF CIVIL ACTION
place of the
depositary or C.1 RULE ON IMPLIED INSTITUTION OF CIVIL
collecting bank ACTION WITH CRIMINAL ACTION
Violations of RA 10175 RTCs have jurisdiction
(Cybercrime Prevention over any violation of GENERAL RULE: The civil action for the recovery
Act of 2012) the provisions of the of civil liability arising from the offense charged is
Act, including any deemed instituted with the criminal action.
violation committed
by a Filipino national EXCEPTION: The civil action is not deemed so
regardless of the instituted if the offended party:
(1) Waives the civil action;
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(2) Institutes the civil action prior to the criminal Upon the death of the accused or convict,
action; or criminal liability is extinguished [Art. 89, RPC].
(3) Reserves the right to institute it separately
[Sec. 1, Rule 111]. As regards civil liability:
(1) When death occurs before the arraignment,
C.2. WHEN CIVIL ACTION MAY PROCEED the case shall be dismissed without prejudice
INDEPENDENTLY to any civil action against the estate of the
deceased [Sec. 4, Rule 111];
(2) When death occurs after arraignment and
1. Independent Civil Actions during pendency of criminal action, it
Under the Rules, only civil liability arising from extinguishes civil liability arising from the
the crime charged is deemed instituted. Hence, delict;
the civil actions under the Civil Code, specifically (3) When death occurs during pendency of
Art. 32, 33, 34, and 2176, remain separate, distinct, appeal, it extinguishes criminal liability and
and independent of any criminal prosecution the civil liability based thereon [People v.
although based on the same act [Phil. Rabbit Bus Ayochok, G.R. No. 175784 (2010)].
Lines v. People, G.R. No. 147703 (2004)].
Independent civil actions instituted under Arts.
2. Reservation Of Right To File Civil Action 32, 33, 34 and 2176, Civil Code, or those instituted
The civil action may also proceed independently to enforce liability arising from other sources of
of the criminal action when reservation to obligation may be continued against the estate or
institute the civil action separately is made. The legal representative of the accused after proper
reservation shall be made before the prosecution substitution or against his estate.
starts presenting its evidence and under
circumstances affording the offended party a As regards the parties in the civil action, the heirs
reasonable opportunity to make such reservation of the accused may be substituted without
[Sec. 1, Rule 111]. Note that the Civil Action is requiring the appointment of an
deemed reserved when filed prior to the executor/administrator. The court may appoint
institution of the criminal action [Bautista (2007)]. guardian ad litem for the minors.

Instances where reservation to file the civil action The court shall order the legal representatives to
separately shall not be allowed: appear and be substituted within 30 days from
(1) B.P. 22 cases [Sec. 1(b), Rule 111] notice.
(2) Cases cognizable by the Sandiganbayan [PD
1606, as amended by Sec. 4, R.A. 8249]
C.5. PREJUDICIAL QUESTION
(3) Tax cases [Sec. 7(b)(1), RA 9282]
A prejudicial question is that which arises in a
3. Separate Action Filed By The Accused case the resolution of which is a logical
No counterclaim, cross-claim or third-party antecedent of the issue involved therein, and the
complaint may be filed by the accused in the cognizance of which pertains to another tribunal.
criminal case, but any cause of action which could [People v. Consing, G.R. No. 148193 (2003)]
have been the subject thereof may be litigated in
a separate civil action [Sec. 1, Rule 111]. ELEMENTS OF A PREJUDICIAL QUESTION
(1) THE PREVIOUSLY INSTITUTED CIVIL ACTION
C.3. WHEN SEPARATE CIVIL ACTION IS INVOLVES AN ISSUE SIMILAR OR
SUSPENDED INTIMATELY RELATED TO THE ISSUE
RAISED IN THE SUBSEQUENT CRIMINAL
After the criminal action has been commenced, ACTION; AND
the separate civil action arising therefrom cannot (2) THE RESOLUTION OF SUCH ISSUE
be instituted until final judgment has been DETERMINES WHETHER OR NOT THE
entered in the criminal action [Sec. 2, Rule 111]. CRIMINAL ACTION MAY PROCEED [SEC. 7,
RULE 111].
C.4. EFFECT OF DEATH OF THE ACCUSED OR
CONVICT ON CIVIL ACTION A civil action may be considered prejudicial when
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the following concur:


(1) The civil case involves facts intimately related Effect of Prejudicial Question
to those on which the criminal prosecution GENERAL RULE: Where both a civil and a
would be based; criminal case arising from the same facts are filed
(2) In the resolution of the issue/s raised in the in court, the criminal case takes precedence [Sec.
civil action, the guilt/innocence of the accused 2, Rule 111].
would necessarily be determined; therefore,
the criminal action cannot proceed without EXCEPTION: If there exists a prejudicial question
the civil action being terminated [Riano (2011)] which should be resolved first before an action
(3) Jurisdiction to try the action is lodged in
could be taken in the criminal case.
another tribunal [Prado v. People, G.R. No. L-
37652 (1984)];
(4) The action is instituted prior to the institution Where To File Petition For Suspension
of the criminal action [Pimentel v. Pimentel, (1) Office of the prosecutor (in the PI stage);
G.R. No. 172060 (2010)]. (2) Court conducting the PI; or
(3) Court where criminal action has been filed for
Rationale trial, at any time before the prosecution rests
[Sec. 6, Rule 111].
The rule seeks to avoid two conflicting decisions
in the civil case and in the criminal case [Sy
Thiong Shiou vs Sy Chim, G.R. No. 174168 (2009)]. NOTE: The Rules preclude a motu proprio
suspension by the judge of the civil action; it must
Examples Where A Prejudicial Question May Arise be by petition of the defendant. [Yap v. Paras, G.R.
No. 101236 (1992)].
(1) If it involves status (paternity), it does not
involve a civil case, but a special proceeding.
(2) Civil cases on usurpation of immovable C.6. RULE ON FILING FEES IN CIVIL ACTION
DEEMED INSTITUTED WITH THE CRIMINAL
property, unless the criminal case is for theft 

ACTION
(3) There was a write-up about the City Mayor of
Manila in a newspaper. The newspaper’s Filing fees apply when damages are being
publisher’s office is in Makati City, what are claimed by the offended party, to be paid upon
the different causes of 
action available to the filing of the criminal action.
Mayor? How will he go about the different
causes of action? 
 GENERAL RULE: The actual damages claimed or
a. Civil case under Art 33 which is an recovered by the offended party are not included
independent civil action. It in the computation of the filing fees [Sec. 1, Rule
proceeds independently from the 111].
criminal action, instituted at any
time and not subject to When the amount of damages, other than actual,
reservation. is specified in the complaint or information filed
b. Criminal case for libel with civil in court, then the corresponding filing fees shall
liability. Is the City Mayor barred be paid by the offended party upon the filing
from instituted from instituting thereof in court for trial.
an action for civil liability with the
criminal case of libel considering In any other case (i.e., when the amount of
that he has filed an independent damages is not so alleged in the complaint or
civil action? Yes. information filed in court), the corresponding
c. A civil action for the liability filing fees need not be paid and shall simply
arising from the criminal case of constitute a first lien on the judgment, except on
libel may be instituted prior or an award for actual damages [General v. Claravall,
with reservation.
o Will the Art G.R. No. 96724 (1991)].
33 independent civil action give
rise to a prejudicial question? No EXCEPTION: In criminal actions for violation of BP
as it will most likely have the 22, the amount of the check involved shall be
same facts as the criminal case. considered as the actual damages for which no
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separate civil action is allowed. In estafa cases, personal right which the accused may waive
the filing fees shall be paid based on the amount either expressly or by implication but at all times
involved (A.M. 04-2-04). must be unequivocal. Mere failure of a defendant
and/or his counsel to appear during preliminary
D. PRELIMINARY INVESTIGATION investigation cannot be construed as a waiver.
[Larranaga v. CA, G.R. No. 130644 (1998)]
D.1. NATURE OF RIGHT
Definition When the accused waives his right to preliminary
It is an inquiry or proceeding to determine investigation, the fiscal may forthwith file the
whether there is sufficient ground to engender a corresponding information with the proper court
well-founded belief that a crime has been [People v. Perez, G.R. No. L-15231 (1960)].
committed and the respondent is probably guilty
thereof, and should be held for trial [Sec. 1, Rule An application for or admission to bail shall not
112]. bar the accused from assailing the regularity or
questioning the absence of a preliminary
Preliminary Investigation is “merely inquisitorial, investigation of the charge against him provided
and it is often the only means of discovering the that he raises the challenge before entering his
persons who may reasonably be charged with a plea [Sec. 26, Rule 114].
crime, to enable the prosecutor to prepare his
complaint or information. It is not a trial of the When Right Deemed Waived
case on the merits” and does not place the (1) Express waiver or by silence [Pilapil v.
persons against whom it is taken in jeopardy. Sandiganbayan, G.R. No. 101978 (1993)];
[Paderanga v. Drilon, G.R. No. 96080 (1991)] (2) Failure to invoke it during arraignment [People
v. De Asis, G.R. No. 105581 (1993)]; and
It is an executive, not a judicial function (3) Consenting to be arraigned and entering a
[Metropolitan Bank and Trust Company v. Tonda, plea of not guilty without invoking the right to
G.R. No. 134436 (2000)]. PI [People v. Bulosan, G.R. No. L-58404
(1988)].
Right To Preliminary Investigation
The right to preliminary investigation is a The waiver, whether express or implied, must be
statutory right in those instances where it is in a clear and unequivocal manner [Herrera
required, and to withhold it would violate the (2007)].
constitutional right to due process [People v.
Oandasa, G.R. No. L-29532 (1968)]. The right cannot be raised for the first time on
appeal [Pilapil v. Sandiganbayan, G.R. No. 101978
It is not a mere formal or technical right but a (1993)].
substantial right.
When Right Not Deemed Waived
The absence of preliminary investigations does (1) Failure to appear before the prosecutor
not affect the courts jurisdiction over the during the clarificatory hearing or when
case. Nor do they impair the validity of the summoned, when the right was invoked at
information or otherwise render it defective; but, the start of the proceeding [Larranaga v. CA,
if there were no preliminary investigations and G.R. No. 130644 (1998)]; or
the defendants, before entering their plea, invite (2) When the accused filed an application for bail
the attention of the court to their absence, the and was arraigned over his objection and the
court, instead of dismissing the information, accused demand that preliminary
should conduct it or remand the case to the investigation be conducted [Go v. CA, G.R. No.
inferior court so that the preliminary investigation 101837 (1992)].
may be conducted [Larranaga v. CA, G.R. No.
130644 (1998)]. D.2. PURPOSES OF PRELIMINARY
INVESTIGATION
Waiver Of Right
(1) To determine whether or not a crime has been
The right to preliminary investigation is a committed and whether or not there is
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probable cause to believe that the accused is In general, the following may conduct the
guilty [Raro v. Sandiganbayan, G.R. No. determination of existence of probable cause:
108431 (2000)]; (1) Provincial/city prosecutors and their
(2) To secure the innocent against hasty, assistants;
malicious and oppressive prosecution, and to (2) National and regional state prosecutors;
protect him from an open and public (3) Other officers as may be authorized by law
accusation of a crime, from the trouble, [Sec. 2, Rule 112, as amended by AM 05-8-26-
expense, anxiety of a public trial, and also SC].
protect the state from useless and expensive
trials [Tandoc v. Resultan, G.R. No. 59241-44 1. Prosecutor
(1989)]. The executive determination of probable cause is
one made during the PI. It is a function that
D.3. WHO MAY CONDUCT DETERMINATION properly pertains to the public prosecutor who is
OF EXISTENCE OF PROBABLE CAUSE given a broad range of discretion to determine
whether probable cause exists for purposes of
Probable Cause indictment. Such finding will not be disturbed by
the court unless there is finding of grave abuse of
Probable cause means the existence of such facts
discretion. [Mendoza v. People, G.R. No. 197293
and circumstances as would excite the belief, in a
(2014)]
reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person
charged was guilty of the crime for which he was 2. Court
prosecuted. The judicial determination of probable cause is
one made by the judge to ascertain whether a
The quantum of evidence now required in warrant of arrest should be issued against the
preliminary investigation is such evidence accused.
sufficient to “engender a well-founded belief” as
to the fact of the commission of a crime and the NOTE: RTC judges have no power to conduct PI;
respondent's probable guilt thereof. A and MTC judges cannot conduct PI anymore after
preliminary investigation is not the occasion for AM 05-8-26-SC eliminated judges of the MTC
the full and exhaustive display of the parties’ and MCTC from those authorized to conduct a PI
evidence; it is for the presentation of such effective October 3, 2005.
evidence only as may engender a well-grounded
belief that an offense has been committed and 3. COMELEC
that the accused is probably guilty thereof The COMELEC may conduct investigation as
[Estrada v. Ombudsman, G.R. No. 212140 (2015)]. regards election offenses [Sec. 2(6), Art. IX-C,
Constitution; Sec. 265, Omnibus Election Code].
The position that the Ang Tibay standards as
clarified by the GSIS case should apply in 4. Ombudsman
preliminary investigations is erroneous. The The Ombudsman and his deputies, as protectors
quantum of evidence needed in Ang Tibay, as of the people, shall act promptly on complaints
amplified in GSIS, is greater than the evidence filed in any form or manner against public
needed in a preliminary investigation to establish officials or employees of the Government, or any
probable cause, or to establish the existence of a subdivision, agency or instrumentality thereof,
including GOCCs and shall, in appropriate cases,
prima facie case that would warrant the
notify the complainants of the action taken and
prosecution of a case. Ang Tibay refers to the result thereof [Sec. 12, Art. XI, Constitution].
“substantial evidence,” while the establishment
of probable cause needs “only more than ‘bare The Ombudsman is authorized to conduct
suspicion,’ or ‘less than evidence which would preliminary investigation and to prosecute all
justify . . . conviction’” [Estrada v. Ombudsman, criminal cases involving public officers and
G.R. No. 212140 (2015)]. employees, not only those within the jurisdiction
of the Sandiganbayan, but also those within the
jurisdiction of regular courts as well. [Uy v.
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Sandiganbayan, G.R. No. 105965-70 (2001)] counter-affidavit. The hearing must be


finished in 5 days.
Procedure For Preliminary Investigation Parties may be present evidence, but
Filing of the complaint they have no right to examine or cross-
(1) Stating the respondent’s name and examine. Questions of parties shall be
address submitted to the investigating officer.
(2) Include the affidavits of complainant
Within 10 day after the investigation, the
and the witnesses, and other
documents to establish probable officer shall determine whether or not
1 cause, which must be subscribed there is sufficient ground to hold
and sworn to before a prosecutor or respondent for trial [Sec. 3(e), Rule 112].
government official authorized to
administer oath or notary public Note that during the conduct of preliminary
(3) In such number of copies as there are investigation, the prosecutor is under no duty to
respondents, plus 2 copies for the provide the respondent with the counter-
official file [Sec. 3(a), Rule 112]. affidavits of his/her co-respondents [Estrada v.
2 Action of the investigating officer Ombudsman, G.R. No. 212140-41 (2015)].
(1) Within 10 days after the filing of the
complaint, the investigating officer D.4. RESOLUTION OF THE INVESTIGATING
will either: PROSECUTOR
(a) Dismiss, if he finds no ground to If he finds probable cause to hold respondent for
continue; or trial, he shall prepare a resolution and certify
(b) Issue a subpoena to the under oath in the information that:
respondent, attaching the (1) He or an authorized officer has personally
complaint and other documents. examined the complainant and his witnesses;
If subpoena is not possible, the (2) That there is reasonable ground to believe
investigating officer shall decide that a crime has been committed and that the
based on what complainant accused is probably guilty thereof;
presented; (3) That the accused was informed of the
(2) Respondent has the right to examine complaint and evidences against him;
the evidence submitted by (4) That he was given opportunity to submit
complainant, and copy evidence at controverting evidence
his expense [Sec. 3(b), Rule 112].
3 Defendant’s counter-affidavit If he finds no probable cause, he shall recommend
the dismissal of the complaint [Sec. 4, Rule 112].
It must be made within 10 days from
receipt of complaint, and must comply D.5. REVIEW
with the same requirements as a
complaint [Sec. 3(c), Rule 112]. Within 5 days from resolution, the
If not made within 10 days, the investigating officer will forward the
investigating officer shall resolve the case to the prosecutor or to the
1
complaint based on the evidence Ombudsman in cases cognizable by the
presented by the complainant [Sec. 3(d), Sandiganbayan in the exercise of its
Rule 112]. original jurisdiction.

4 Clarificatory hearing Within 10 days from receipt of the


2 resolution, the Prosecutor/Ombudsman
Hearing is conducted only if there are
will act on the case.
such facts and issues to be clarified from
a party or a witness. No complaint/information may be filed
The investigator must conduct a hearing 3 or dismissed by an investigating
within 10 days from receipt of the prosecutor without the prior written
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authority or approval of the prosecutor


or ombudsman. D.6. WHEN WARRANT OF ARREST MAY ISSUE
In case the investigating officer If the judge finds probable cause, he shall issue a
recommends the dismissal of the warrant of arrest, or a commitment order if the
complaint but the accused has already been arrested, and hold him
prosecutor/Ombudsman disagrees, the for trial.
latter may file the information himself or
The PI conducted by the prosecutor is executive in
any deputy or order any prosecutor to do
nature. It is for the purpose of determining
so, without conducting a new PI. whether or not there exists sufficient ground for
The DOJ Secretary may file the the filing of information.
information without conducting another
PI or dismiss the information filed by the The PI conducted by the judge which is properly
called preliminary examination is for the
prosecutor. The DOJ Secretary may
determination of probable cause for the issuance
review resolutions, via petition for review of warrant of arrest [P/Supt. Cruz v. Judge Areola,
4 to the Secretary of Justice, of his AM No. RTJ-01-1642 (2002)].
subordinates in criminal cases despite
the information being filed in court [Sec. Note: Trial judges determine probable cause in
4, Rule 112; Community Rural Bank of the exercise of their judicial functions. A trial
Guimba v. Talavera, RTJ-05-1909 judge’s finding of probable cause for the issuance
(2005)]; see also DOJ Circ. No. 70]. of a search warrant is accorded respect by
reviewing courts when the finding has substantial
basis [Worldwide Web Corp. v. People, G.R. No.
The resolution of the Secretary of Justice may be 161106 (2014)].
nullified in a petition for certiorari under Rule 65
on grounds of grave abuse of discretion resulting D.7. CASES NOT REQUIRING PRELIMINARY
to lack or excess of jurisdiction [Ching v. Sec. of INVESTIGATION NOR COVERED BY THE RULE
Justice, G.R. No. 164317 (2006)]. ON SUMMARY PROCEDURE

The DOJ resolution is appealable These are cases punishable by imprisonment of


administratively before the Office of the President less than 4 years, 2 months and 1 day, and filed
and the decision of the latter may be appealed with the prosecutor or MTC/MCTC.
before the CA pursuant to Rule 43 [De Ocampo v.
Sec. of Justice, G.R. No. 147932 (2006)]. If filed directly with the prosecutor, Sec. 3(a), Rule
112 applies. Thus, the complaint must be filed:
(1) Stating the respondent’s name and address;
“While they are correct in stating that the right to (2) Include the affidavits of complainant and the
preliminary investigation is a substantive, not witnesses, and other documents to establish
merely a procedural right, petitioners are wrong probable cause, which must be subscribed
in arguing that the Information filed, without and sworn to before a prosecutor or
affording the respondent his right to file a motion government official authorized to administer
for reconsideration of an adverse DOJ resolution, oath or notary public; and
(3) In such number of copies as there are
is fatally premature” [Aguinaldo and Perez v.
respondents, plus 2 copies for the official file.
Ventus and Joson, G.R. No. 176033 (2015)].
The prosecutor shall act on the complaint based
NOTE: SOJ may review, on petition or motu on the affidavits and other supporting documents
proprio. NOTE: The SOJ’s resolution may be submitted by the complainant within 10 days
brought before the Supreme Court via Rule 65. from its filing.
NOTE: Appeals to the Office of the President from
the DOJ are only for offenses punishable by A complaint, which complies with Sec.
1
reclusion perpetua to death. 3(a), Rule 112, is filed.
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Within 10 days after the filing of the States v. Banzuela, G.R. No. L-10172 (1915)]
complaint/information, if the judge
finds no PC after personally evaluating The trial court, instead of dismissing the
information, should hold in abeyance the
the evidence or after personally
2 proceedings and order the public prosecutor to
examining in writing and under oath the conduct a PI [Villaflor v. Vivar, G.R. No. 134744
complainant and his witnesses in the (2001)].
form of searching questions and
answers, he shall dismiss the same. After the filing of the complaint/information in
court without a PI, the accused may within 5 days
The judge may require submission of
from the time he learns of its filing, ask for a PI
3 additional evidence within 10 days from with the same right to adduce evidence in his
notice, to determine the existence of PC. defense as provided in Rule 112 [Sec. 6, Rule 112].
If the judge still If the judge finds
finds no PC PC, he shall issue a Restraining Preliminary Investigation
despite the warrant of arrest
GENERAL RULE: The power of the Fiscal to
additional or a commitment
investigate crimes committed within his
evidence, he shall order (if already jurisdiction will, ordinarily, not be restrained.
4 dismiss the case arrested) and hold
within 10 days him for trial. EXCEPTIONS: Extreme cases may exist where
from its relief in equity may be availed of to stop a
submission or purported enforcement of a criminal law where it
expiration of said is necessary:
period. (1) For the orderly administration of justice;
(2) To prevent the use of the strong arm of the
If the judge is law in an oppressive and vindictive manner;
satisfied that there (3) To avoid multiplicity of actions;
is no need to place (4) To afford adequate protection to
5 the accused under constitutional rights; and
(5) In proper cases, because the statute relied
custody, he may
upon is unconstitutional, or was “held invalid”
issue summons [Ladlad v. Velasco, G.R. No. 172070-72
instead. (2007)].

D.8. REMEDIES OF ACCUSED IF THERE WAS D.9. INQUEST


NO PRELIMINARY INVESTIGATION An inquest is an informal and summary
Effect Of Denial Of Right investigation conducted by a public prosecutor in
The absence of PI [Villaflor v. Vivar, G.R. No. criminal cases involving persons arrested and
134744 (2001)]: detained without the benefit of a warrant of arrest
(1) Does not impair the validity of the information issued by the court for the purpose of determining
or otherwise render it defective; whether or not said persons should remain under
(2) Does not affect the jurisdiction of the court; custody and correspondingly be charged in court
(3) Does not constitute a ground for quashing the [DOJ-NPS Manual].
information.
GENERAL RULE: PI is required to be conducted
Remedies Of The Accused If There Was No PI before a complaint/information is filed for an
(1) Refuse to enter a plea upon arraignment and offense where the penalty prescribed by law is at
object to further proceedings upon such least 4 years, 2 months and 1 day, without regard
ground; to the fine [Sec. 1, Rule 112]
(2) Insist on a preliminary investigation;
(3) File a certiorari, if refused; EXCEPTION: When a person is lawfully arrested
(4) Raise lack of PI as error on appeal [United without a warrant involving an offense that
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requires a PI, a complaint/information may be It is enough that there be an intent on the part of
filed without conducting the PI if the necessary one of the parties to arrest the other and an intent
inquest is conducted. on the part of the other to submit, under the belief
and impression that submission is necessary
However, before the complaint or information is [Sanchez v. Demetriou, G.R. No. 111771 (1993)].
filed, the person arrested may ask for a PI, but he
must sign a waiver of the provisions of Art. 125, No violence or unnecessary force shall be used in
RPC in the presence of his counsel. making an arrest [Sec. 2, 2nd par., Rule 113].
Notwithstanding the waiver, he may apply for bail
and the investigation must be terminated within Application of actual force, manual touching of
15 days from its inception [Sec. 6, Rule 112]. the body, physical restraint or a formal
declaration of arrest is not required.
Procedure
An inquest is considered commenced upon An arrest may be made on any day and at any
receipt by the Inquest Officer from the law time of the day or night [Sec. 6, Rule 113].
enforcement authorities of the
complaint/referral documents which should E.2. ARREST WITHOUT WARRANT, WHEN
include: LAWFUL
(1) Affidavit of arrest, investigation report,
statement of the complainant and witnesses,
all of which must be subscribed and sworn to GENERAL RULE: No peace officer or person has
before him; the power or authority to arrest anyone without a
(2) Other supporting evidence gathered by the warrant except in those cases expressly
police in the course of the latter's investigation authorized by law [Umil v. Ramos, G.R. No. 81567
of the criminal incident involving the arrested (1991)].
or detained person.
EXCEPTIONS:
It must be terminated within the period (1) In flagrante delicto [Sec. 5(a), Rule 113];
prescribed under the provisions of Art. 125, RPC. (2) Hot pursuit arrest [Sec. 5(b), Rule 113];
Thus, if after the inquest proceedings: (3) Arrest of escaped prisoner [Sec. 5(c), Rule 113];
(1) There is no probable cause, the case is (4) Other lawful warrantless arrests:
dismissed; (a) Where a person who has been lawfully
(2) The accused wants a PI and is willing to waive arrested escapes or is rescued [Sec. 13, Rule
Art. 125, a preliminary investigation 113]; any person may immediately pursue or
conducted; retake him without a warrant at any time
(3) The arrest was without warrant, but there and in any place within the Philippines;
possibly is PC, the accused is released for (b) By the bondsman, for the purpose of
regular PI; surrendering the accused [Sec. 23, Rule
(4) There is PC and the arrest was valid, an 114];
information is filed. (c) Where the accused who is released on bail
attempts to leave the country without
permission of the court where the case is
E. ARREST pending [Sec. 23, Rule 114].
E.1. ARREST, HOW MADE
Arrest 1. In Flagrante Delicto
Arrest is the taking of a person into custody in A peace officer or a private person may, without
order that he may be bound to answer for the warrant, arrest a person when the person to be
commission of an offense [Sec. 1, Rule 113]. arrested:
How Made (1) Has committed;
(2) Is actually committing; or
(1) By actual restraint of a person to be arrested; (3) Is attempting to commit
(2) By his submission to the custody of the person an offense in the presence of the peace officer or
making the arrest [Sec. 2, 1st par., Rule 113]. private person who arrested him [Sec. 5(a), Rule
113].
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Rule 113].
In flagrante delicto arrests, reliable information is
not enough probable cause that would justify in Requisites:
flagrante arrests absent any overt act indicative (1) An offense has just been committed. There
must be a large measure of immediacy
of a felonious enterprise in the presence and
between the time the offense was committed
within the view of the arresting officers [People v. and the time of the arrest. If there was an
Molina, 352 SCRA 174 (2001)]. To constitute a appreciable lapse of time between the arrest
valid in flagrante delicto arrest, the following and the commission of the crime, a warrant of
requisites must concur: arrest must be secured [People v. del Rosario,
(1) The person to be arrested must execute an G.R. No. 127755 (1999); People v. Agojo , G.R.
overt act indicating that he has just committed, No. 181318 (2009)]; and
is actually committing, or is attempting to (2) The person making the arrest has probable
commit a crime; and cause to believe, based on personal
(2) Such overt act is done in the presence or within knowledge of facts, that the person to be
the view of the arresting officer [Zalameda v. arrested has committed it.
People, G.R. No. 183656 (2009); People v.
Laguio, G.R. No. 128587 (2007)]. Probable cause must be based on personal
knowledge which means an actual belief or
“In his presence” means: reasonable grounds of suspicion [Abelita III v.
(1) He sees the offense, even though at a Doria, G.R. No. 170672 (2009)]
distance;
(2) He hears the disturbances created by the The clincher in the element of “personal
offense and proceeds at once to the scene; or knowledge of facts or circumstances” is the
(3) Offense is continuing or has been required element of immediacy within which
consummated at the time arrest is made these facts or circumstances should be gathered
[People v. Evaristo, G.R. No. 93828 (1992)]. (i.e. just after the commission of the crime). This
required time element acts as a safeguard to
The following are instances of this type of arrest ensure that the police officers have gathered the
without warrant: facts or perceived the circumstances within a very
(1) An arrest made after an entrapment does not limited time frame, such that the chances of
require a warrant inasmuch as it is considered contamination of facts is minimal. It does not
a valid warrantless arrest pursuant to Sec. 5(a), require actual presence at the scene while a crime
Rule 113 [Teodosio v. CA, G.R. No. 124346 was being committed; it is enough that evidence
(2004)]. This is different from instigation, of the recent commission of the crime is patent
which means luring the accused into a crime and the police officer has probable cause to
that he, otherwise, had no intention to commit, believe based on personal knowledge of facts or
in order to prosecute him, and leads to circumstances, that the person to be arrested has
acquittal [People v. Dansico, G.R. No. 178060 recently committed the crime [Pestilos v.
(2011)]. Generoso, G.R. No. 182601 (2014)].
(2) When a person is caught in flagrante as a
result of the buy-bust operation, the NOTE: Where a warrantless arrest is made under
policemen are not only authorized but are also the in flagrante and hot pursuit exceptions, the
under obligation to apprehend the drug person arrested without a warrant shall forthwith
pusher even without a warrant of arrest arrested delivered to the nearest police station or
[People v. de Lara, G.R. No. 94953 (1994)]. jail [Sec. 5, 2nd par., Rule 113].

2. Hot Pursuit Arrest 3. Arrest Of Escaped Prisoner


A peace officer or a private person may, without A peace officer or a private person may, without
warrant, arrest a person when an offense has just warrant, arrest a person when the person to be
been committed and the officer or private person arrested is a prisoner who has escaped [Sec. 5(c),
has probable cause to believe, based on personal Rule 113]:
knowledge of facts or circumstances, that the (1) From a penal establishment or place where he
person to be arrested has committed it [Sec. 5(b), is serving final judgment or temporarily
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confined while his case is pending; or Duties Of Arresting Officer


(2) While being transferred from one confinement (1) Execution of warrant [Sec. 4, Rule 113]:
to another. (a) The head of the office to whom the warrant
of arrest was delivered shall cause the
Escapee may be immediately pursued or re- warrant to be executed within 10 days from
arrested without a warrant at any time and in any its receipt;
place within the Philippines [Sec. 13, Rule 113]. (b) The officer to whom it was assigned for
execution shall make a report to the judge
Ratio: At the time of arrest, the escapee is in who issued the warrant within 10 days after
continuous commission of a crime (i.e., evasion of expiration of the period to execute.
service of sentence). (c) In case of the officer’s failure to execute, he
shall state the reasons therefor.
Rules On Illegality Of Arrest (2) The officer shall inform the person to be
arrested of the cause of the arrest and the fact
that a warrant has been issued for his arrest
Effect [Sec. 7, Rule 113].
The legality of the arrest affects only the (a) This duty does not apply:
jurisdiction of the court over the person of the (i) When the person to be arrested flees;
accused [People v. Nuevas, G.R. No. 170233 (ii) When he forcibly resists before the
(2007)]. officer has opportunity to so inform him;
(iii) When the giving of such information will
Waiver imperil the arrest.
Any objection involving the arrest or the (b) The officer need not have the warrant in his
procedure in the court’s acquisition of jurisdiction possession at the time of the arrest but
over the person of an accused must be made after the arrest, if the person arrested so
before he enters his plea; otherwise the objection requires, the warrant shall be shown to him
is deemed waived [Zalameda v. People, G.R. No. as soon as practicable [Sec. 7, Rule 113].
183656 (2009)]. This is not a case of a warrantless arrest but
merely an instance of an arrest effected by
An application for or admission to bail shall not the police authorities without having the
bar the accused from challenging the validity of warrant in their possession at that precise
his arrest or the legality of the warrant issued, moment [Mallari v. CA, G.R. No. 11069
provided that he raises the objection before he (1996)].
enters his plea [Sec. 26, Rule 114]. (3) The officer executing the warrant shall arrest
the accused and deliver him to the nearest
A waiver of the right to question an illegal police station or jail without unnecessary
warrantless arrest does not also mean a waiver of delay [Sec. 3, Rule 113];
the inadmissibility of evidence seized during an (4) No violence or unnecessary force shall be
illegal warrantless arrest [People v. Nuevas, G.R. used in making an arrest [Sec. 2, 2nd par.,
No. 170233 (2007)]. Rule 113].

When Cured Rights Of The Arresting Officer


(1) When the accused voluntarily submits to the (1) To summon assistance [Sec. 10, Rule 113]. He
jurisdiction of the trial court [Dolera v. People, may orally summon as many persons as he
G.R. No. 180693 (2009); People v. Alunday, deems necessary to assist him in effecting the
G.R. No. 181546 (2008)]; arrest.
(2) By the filing of an information in court and the (2) To break into building or enclosure [Sec. 11,
subsequent issuance by the judge of a Rule 113], when the following concur:
warrant of arrest [Sanchez v. Demetriou, G.R. (a) The person to be arrested is or is
No. 111771 (1993)]. reasonably believed to be in said building;
(b) He has announced his authority and
purpose of entering therein; and
E.3. METHOD OF ARREST
(c) He has requested and been denied
E.3.1. By Officer With Warrant admittance.
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(3) To break out from the building/enclosure


when necessary to liberate himself [Sec. 12, When Issued
Rule 113]; A judge issues a warrant of arrest upon the filing
(4) To search the person arrested for dangerous of the information by the public prosecutor and
weapons or anything which may have been after personal evaluation by the judge of the
used or constitute proof in the commission of prosecutor’s resolution and supporting evidence
an offense without a warrant [Sec. 13, Rule [Sec. 5(a), Rule 112].
126].
The judge does not have to personally examine
NOTE: Nos. 2 and 3 are also applicable where the complainant and his witnesses. Established
there is a valid warrantless arrest. doctrine provides, he shall personally evaluate
the report and the supporting documents
E.3.2. BY OFFICER WITHOUT WARRANT submitted by the fiscal regarding the existence of
GENERAL RULE: The officer shall inform the probable cause:
person to be arrested of: (1) If he finds probable cause, he shall issue a
(1) His authority; and warrant of arrest; or
(2) The cause of the arrest (Sec. 8, Rule 113). (2) If on the basis thereof he finds no probable
cause, he may disregard the fiscal’s report and
EXCEPTIONS: require the submission of supporting
(1) When the person to be arrested is engaged in affidavits of witnesses [People v. Gray, G.R. No.
the commission of the offense; 180109 (2010); AAA v. Carbonell, G.R. No.
(2) When he is pursued immediately after its 171465 (2007)].
commission;
(3) When he has escaped, flees or forcibly resists Determination Of Probable Cause For Issuance Of
before the officer has the opportunity to so Warrant Of Arrest
inform him; or Probable cause, in connection with the issuance
(4) When the giving of such information will of a warrant of arrest, assumes the existence of
imperil the arrest. facts and circumstances that would lead a
reasonably discreet and prudent man to believe
E.3.3. BY PRIVATE PERSON (CITIZEN’S ARREST) that a crime has been committed and that it was
(1) The private person shall inform the person to likely committed by the person sought to be
be arrested of the intention to arrest him and arrested [People v. Tan, G.R. No. 182310 (2009)].
the cause of the arrest [Sec. 9, Rule 113],
except in the same cases as those for arrest Probable Cause Of Prosecutor And Judge
by an officer without a warrant. Distinguished
(2) The private person must deliver the arrested
person to the nearest police station or jail, Prosecutor Judge
and he shall be proceeded against in Nature Executive Judicial
accordance with Sec. 7, Rule 112. Otherwise, determination determination
the private person may be held liable for
of PC of PC
illegal detention.
Purpose Determination Determination
E.4. REQUISITES OF A VALID WARRANT OF of PC to hold a of PC to issue a
ARREST person for trial warrant of
arrest
Essential Requisites Standard Whether or not Whether or not
The warrant must: there is a there is
(1) Be issued upon probable cause determined reasonable reasonable
personally by the judge after examination
ground to ground to
under oath or affirmation of the complainant
and the witnesses he may produce; and believe that the believe that a
(2) Particularly describe the person to be accused is guilty crime has been
arrested [Sec. 2, Art. III, Constitution]
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of the offense committed and able to actually link Sidic to the shooting. In the
charged and that it was likely light of the testimonies and affidavits of the
witnesses, Judge Balindog cannot be faulted if he
should be held committed by
had ruled that the evidence of guilt against the
for trial the person accused was not strong [Tanog v. Balindog, G.R.
sought to be No. 187464 (2015)].
arrested
Requirement Of Custody
F. BAIL
GENERAL RULE: Custody of the law is required
before the court can act on an application for bail
F.1. NATURE [Miranda v. Tuliao, G.R. No. 158763 (2006)].

Definition EXCEPTIONS: Custody is not required in cases of


witnesses posting bail:
Bail is the security given for the release of a
(1) When bail is required to guarantee the
person in custody of the law, furnished by him or
appearance of a material witness [Sec. 14,
a bondsman, to guarantee his appearance before
Rule 119];
any court as required under conditions
(2) When bail is required to guarantee the
hereinafter specified [Sec. 1, Rule 114].
appearance of a prosecution witness in cases
where there is substitution of the information
Purpose [Sec. 14, Rule 110].
(1) To relieve an accused from imprisonment until
his conviction and yet secure his appearance F.2. WHEN A MATTER OF RIGHT; EXCEPTIONS
at the trial [People v. Hon. Donato, G.R. No.
79269 (2011) & Enrile v. Sadiganbayan, G.R. No. Bail is a matter of right:
213847 (2016)]; (1) Before or after conviction, but pending appeal,
(2) To honor the presumption of innocence until by the MTC;
his guilt is proven beyond reasonable doubt (2) Before conviction by RTC of an offense not
[Sec. 14, Art. III, Constitution]; and punishable by death, reclusion perpetua, or
(3) To enable him to prepare his defense without life imprisonment. [Sec. 4, Rule 114].
being subject to punishment prior to GENERAL RULE: Bail is a matter of right.
conviction [Cortes v. Judge Catral, AM No.
RTJ-97-1387 (1997)]. EXCEPTION: When the offense involved is a
capital offense, admission to bail is discretionary,
NOTE: The right to bail flows from the right to be and may only be denied when evidence of guilt is
presumed innocent. It is accorded to a person in strong.
the custody of the law who may be allowed
provisional liberty upon filing of a security to Capital Offense
guarantee his appearance before any court, as A capital offense is an offense which under the
required under specified conditions. Before law existing at the time of commission and of the
conviction, bail is either a matter of right or of application for admission to bail is punishable by
discretion. death [Sec. 6, Rule 114].
Bail is a matter of right when the offense charged
is punishable by any penalty lower than reclusion The capital nature of the offense is determined by
perpetua. Bail is a matter of discretion when it the penalty prescribed by law and not the one
comes to cases penalized by reclusion perpetua, actually imposed.
murder being of these cases. Bail may be granted
in such cases if the evidence of guilt is not strong. Note: RA 9346 (An Act Prohibiting the Imposition
In the case, a hearing on the application for bail of Death Penalty in the Philippines) enacted on
was conducted and that the prosecution June 24, 2006 (which repealed RA 8177 and RA
presented four witnesses, none of which saw the 7659) prohibited the imposition of the death
actual shooting. penalty. Under Sec. 7, RA 9346, it stated that
None of the testimonies of the witnesses were “[c]apital offense or an offense punishable by
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reclusion perpetua or life imprisonment.”


It may be filed in and acted upon by the RTC
Generally Not Applicable To Extradition despite the filing of notice of appeal, provided
Proceedings that it has not transmitted the original record to
GENERAL RULE: Right to bail is available only in the appellate court.
criminal proceedings and does not apply to
extradition proceedings because extradition If the RTC decision changed nature of the offense
courts do not render judgments of conviction or from non-bailable to bailable, the application for
acquittal [Gov. of USA v. Purganan and Jimenez, bail can be resolved only by the appellate court
G.R. No. 148571 (2002)]. [Sec. 5, Rule 114].

EXCEPTION: Only upon clear and convincing If the conviction by the trial court is for a capital
evidence: offense, the accused convicted of a capital offense
(1) That once granted, the applicant will not be is no longer entitled to bail, and can only be
flight risk or will not pose danger to the released when the conviction is reversed by the
community; and appellate court [Sec. 13, Article III, Constitution].
(2) That there exists special humanitarian and
compelling circumstances. If the penalty imposed by the trial court is
imprisonment exceeding 6 years, the accused
EXCEPTION TO THE EXCEPTION: When the shall be denied bail or his bail shall be cancelled
accused is a minor, he is entitled to bail upon showing by the prosecution, with notice to
the accused, of any of the following [Sec. 5, Rule
regardless of whether the evidence of guilt is
114]:
strong. See 5.6.4. Hearing of application for bail (1) Recidivism, quasi-recidivism, or habitual
in capital offenses. delinquency or commission of a crime
aggravated by reiteration of the accused;
NOTE: Bail is a matter of discretion in extradition (2) The accused previously escaped from legal
proceedings [Govt. of HK Special Administrative confinement, evaded sentence or violated bail
Region v. Olalia, G.R. No. 153675 (2007)]. conditions without valid justification;
(3) Commission of offense while under probation,
When Not Available parole or conditional pardon by the accused;
Right to bail is also not available: (4) Probability of flight;
(1) After a judgment of conviction has become (5) Undue risk that the accused may commit
final; another crime during pendency of appeal.
NOTE: If he applied for probation before
finality, he may be allowed temporary liberty Upon conviction of the RTC, the bail posted
under his bail; earlier as a matter of right loses its force and the
(2) After the accused has commenced to serve his accused must file a new and separate petition for
sentence [Sec. 24, Rule 114]. bail.
(3) To military personnel accused under general
courts martial [Comendador v. de Villa, G.R. No. In deportation proceedings, bail is discretionary
93177 (1991)]. upon the Commissioner of Immigration and
Deportation [Harvey v. Defensor-Santiago, G.R.
F.3. WHEN A MATTER OF DISCRETION No. 82544 (1990)].
(1) Before conviction, in offenses punishable by
death, reclusion perpetua or life NOTE: In Enrile v. People, G.R. No. 213847 (2015),
imprisonment and evidence of guilt is not the Court ruled that an accused should be
strong; granted bail if it is shown that: (1) the detainee
(2) Upon conviction by the RTC, which has not will not be a flight risk or a danger to the
become final as the accused still has the right community; and (2) there exist special,
to appeal, of an offense not punishable by humanitarian, and compelling circumstances.
death, reclusion perpetua or life The Supreme Court further explained that Bail for
imprisonment. the provisional liberty of the accused, regardless

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of the crime charged should be allowed Note: Evidence presented during the bail hearing
independently of the merits charged, provided his are automatically reproduced at the trial, but
continued incarceration is injurious to his health upon motion of either party, the court may recall
and endanger his life. any witness for additional examination. [Sec. 8,
Rule 114].

F.4. HEARING OF APPLICATION FOR BAIL IN Where Application For Bail Is Filed
CAPITAL OFFENSES
GENERAL RULE: The application may be filed
with the court where the case is pending.
In General
At the hearing of an application for bail filed by a
EXCEPTIONS:
person in custody for the commission of an
(1) If the judge of the court where the case is
offense punishable by reclusion perpetua or life
pending is absent or unavailable, the
imprisonment, the prosecution has the burden of
application may be filed with any
showing that evidence of guilt is strong [Sec. 8,
RTC/MTC/MeTC/MCTC judge in the province,
Rule 114].
city or municipality;
(2) Where the accused is arrested in a province,
Evidence of guilt in the Constitution and the Rules city/municipality other than where the case is
refers to a finding of innocence or culpability, pending, the application may be filed with any
regardless of the modifying circumstances. RTC of the said place. If no judge is available,
then with any MeTC/MTC/MCTC judge in the
Minors Charged With Capital Offense said place. Judge who accepted the
If the person charged with a capital offense is application shall forward it, together with the
admittedly a minor, which would entitle him, if order of release and other supporting papers
convicted, to a penalty next lower than that where the case is pending;
prescribed by law, he is entitled to bail regardless (3) When a person is in custody but not yet
of whether the evidence of guilt is strong. charged, he may apply with any court in the
province or city/municipality where he is held
REASON: One who faces a probable death [Sec. 17, Rule 114].
sentence has a particularly strong temptation to
flee. NOTE: Where the grant of bail is a matter of
discretion, or the accused seeks to be released on
This reason does not hold where the accused has recognizance, the application may only be filed in
been established without objection to be minor the court where the case is pending, on trial, or
who by law cannot be sentenced to death. appeal.

Duties Of Judge Hearing The Petition For Bail F.5. GUIDELINES IN FIXING AMOUNT OF BAIL
(1) Notify the prosecutor of the hearing and The considerations are primarily, but not limited,
require him to submit his recommendation; to the following [Sec. 9, Rule 114]
(2) Conduct a hearing of the application (1) Financial ability of the accused;
regardless of whether or not prosecution (2) Nature and circumstances of the offense;
refuses to present evidence to show that the (3) Penalty for the offense charged;
guilt of the accused is strong; (4) Character and reputation of the accused;
(3) Decide whether the evidence of guilt of the (5) Age and health of the accused;
accused is strong based on the summary of (6) Weight of the evidence against the accused;
the evidence of the prosecution; (7) Probability of the accused appearing at the
(4) If the guilt of the accused is not strong, trial;
discharge the accused upon the approval of (8) Forfeiture of other bail;
the bail bond. Otherwise, petition should be (9) Fact that accused was a fugitive from justice
denied [Riano (2011), citing Narciso v. Santa when arrested;
Romana-Cruz (2000)]. (10) Pendency of other cases where the
accused is on bail.
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F.6. WHEN BAIL NOT REQUIRED F.7. INCREASE OR REDUCTION OF BAIL


After the accused is admitted to bail and for good
When bail is not required cause, the court may increase or decrease the
(1) When a person has been in custody for a amount [Sec. 20, Rule 114]
period equal to or more than the possible
maximum imprisonment of the offense Increased Bail
charged to which he may be sentenced; The accused may be committed to custody if he
(2) If the maximum penalty is destierro, he shall does not give bail in the increased amount within
be released after 30 days of preventive a reasonable period of time [Sec. 20, Rule 114].
imprisonment [Sec. 16, Rule 114];
(3) In cases filed with the MTC/MCTC for an
Reduced Bail
offense punishable by an imprisonment of less
than 4 yrs, 2 mos. and 1 day, and the judge is A person in custody for a period equal to or more
satisfied that there is no necessity for placing than the minimum of the principal penalty
the accused under custody [Sec. 8, Rule 112]; prescribed for the offense charged may be
(4) In cases where a person is charged with released on a reduced bond [Sec. 16, Rule 114].
violation of a municipal/city ordinance, a light
felony and/or criminal offense, the penalty of F.8. FORFEITURE AND CANCELLATION OF
which is not higher than 6 months BAIL
imprisonment and/or a fine of 2000, or both,
where it is established that he is unable to Forfeiture Of Bail
post the required cash or bail bond [Sec. 1, RA
When the appearance of the accused out on bail
6036].
is required by court and he failed to appear, the
court shall issue an order of forfeiture wherein:
When bail is nonetheless required [Sec. 1, R.A. (1) The provisional liberty of the accused due to
6036] the bail bond shall be revoked and;
(1) When accused was caught committing the (2) It shall require the bondsman to produce the
offense in flagrante; principal
(2) When accused confesses to the commission of
the offense unless he later repudiates the
If the accused failed to appear in person as
same in a sworn statement or in open court as
required, the bondsmen are given 30 days within
having been extracted through force or
which to:
intimidation;
(1) Produce the body of the principal or give
(3) When accused is found to have previously
reason for the non-production. The bondsmen
escaped legal confinement, evaded sentence,
may:
or jumped bail;
(a) Arrest the accused;
(4) When accused is found to have violated
(b) Cause him to be arrested by a police officer
Section 2, RA 6036, which provides that the
or any other person of suitable age or
violation of the accused of the sworn
discretion upon written authority endorsed
statement (required instead of bail) shall
on a certified copy of the undertaking.
justify the court to order his immediate arrest,
(2) Explain why the accused failed to appear:
if the failure of the accused to report is not
(a) If the bondsmen fail to do these, judgment
justified;
is rendered against them, jointly and
(5) Accused is a recidivist or habitual delinquent
severally, for the amount of the bail.
or has been previously convicted for an offense
(b) Bondsmen’s liability cannot be mitigated
to which the law/ordinance attaches an
or reduced, unless the accused has been
equal/greater penalty or for two/more
surrendered or is acquitted [Sec. 21, Rule
offenses to which it attaches a lighter penalty
114].
(6) Accused committed the offense while on
parole or under conditional pardon;
(7) Accused has previously been pardoned for Bondsmen can prevent the accused from leaving
violation of municipal/city ordinance for at country by arresting him or asking for him to be
least two times. re-arrested by a police officer upon written
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authority [Sec. 23, Rule 114]. country during the pendency of his case [People v.
Uy Tuising, G.R. No. 42118-20 (1935); Manotoc v.
Judgment against the bondsmen cannot be CA, G.R. No. L-62100 (1986)]. If the accused
entered unless such judgment is preceded by an released on bail attempts to depart from the
order of forfeiture and an opportunity given to the Philippines without the permission of the court
bondsmen to produce the accused or to adduce where his case is pending, he may be re-arrested
satisfactory reason for their inability to do so. An without warrant [Sec. 23, Rule 114].
order of forfeiture is interlocutory and is different
form the judgment on the bond which is issued if A hold-departure order may be issued only in
the accused was not produced within the 30-day criminal cases within the exclusive jurisdiction of
period [Mendoza v. Alarma, G.R. No. 151970 the RTCs [SC Circ. No. 39-97].
(2008)].
SC Circular 39-97 deals only with criminal cases
Cancellation Of Bail pending in the RTC. As to those cases pending in
the MTC as well as those under preliminary
Application By Bondsmen investigation, the DOJ promulgated DOJ Circular
Upon application of the bondsmen with due No. 41 governing the issuance of HDO, Watchlist
notice to the prosecutor, bail may be cancelled Orders, and Allow Departure Orders.
upon:
(1) Surrender of the accused; or ADOs may issue for exceptional reasons to allow
(2) Proof of his death. [Sec. 22(1), Rule 114] the person to leave upon submission of the
following:
AUTOMATIC CANCELLATION (1) An affidavit of purpose, including an
(1) Upon acquittal of the accused undertaking to report to the DOJ immediately
(2) Upon dismissal of the case upon return;
(3) Upon execution of judgment of conviction [Sec. (2) Authority to travel or travel clearance from the
22(2), Rule 114]. court or appropriate government office or
from the investigating prosecutor.
F.9. APPLICATION NOT A BAR TO
OBJECTIONS ON ILLEGAL ARREST, LACK OF Hold Departure Watchlist Order
OR IRREGULAR PRELIMINARY Order
INVESTIGATION
When it (1) Against the (1) Against the
Bail is no longer a waiver of these objections [Sec. accused, accused,
may
26, Rule 114; Leviste v. Alameda, G.R. No. 182677 irrespectiv irrespective
(2011)]. issue
e of of
nationality, nationality,
Thus, provided that the proper objections are in criminal in criminal
timely raised (i.e., before accused enters a plea), an cases cases
application or an admission to bail shall not bar falling pending
the accused from challenging or questioning the: within the before the
(1) Validity of his arrest; jurisdiction RTC;
(2) Legality of the arrest warrant; of first- (2) Against the
(3) Regularity of preliminary investigation; level courts respondent,
(4) Absence of preliminary investigation. (MeTC, irrespective
MTC, of
The court shall resolve the objections as early as MCTC); nationality,
practicable but not later than the start of the trial (2) Against the in criminal
of the case. alien cases
whose pending
F.10. HOLD/ALLOW DEPARTURE ORDER AND presence is preliminary
BUREAU OF IMMIGRATION WATCHLIST required investigatio
either as a n, PFR, or
The accused may be prohibited from leaving the
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defendant, MR before security,


respondent the DOJ or public
, or witness any of its safety or
in a civil or prosecution public
labor case offices; health.
pending (3) Against any Validity An HDO is valid A watchlist order
litigation, person
for 5 years is valid 60 days
or any case pursuant to
before an the Anti- reckoned from reckoned from
administra Trafficking in the date of its the date of its
tive agency Persons Act issuance, issuance, unless
of the of 2003 (RA unless sooner sooner
governmen 9208) or in terminated. terminated or
t; the interest extended for a
(3) Against of national
any person, security, non-extendible
either motu public safety period of not
proprio, or or public more than 60
upon the health. days.
request by
the Head of Ground (1) When the (1) When the
a s for validity validity
Departmen lifting period has period has
t of the already already
or
Governme expired; expired;
cancell (2) When the (2) When the
nt, the ation
Chief accused accused has
Justice of has been been
the allowed to allowed by
Supreme leave the the court to
Court for country leave the
the during the country
Judiciary; pendency during the
the Senate of the case, pendency of
President or has been the case, or
or the acquitted has been
House of the acquitted of
Speaker for charge, or the charge;
the the case in (3) When the PI
Legislature which the is
, when the warrant/or terminated,
adverse der of or when the
party is the arrest was PFR or MR
Governme issued has has been
nt or any of been denied
its dismissed and/or
agencies or or the dismissed.
instrument warrant/or
alities, or in der of
the interest arrest has
of national been
recalled.

G. ARRAIGNMENT AND PLEA


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Sec. 3, Rule 117 in relation to Sec. 1, Rule 117;


G.1. ARRAIGNMENT AND PLEA; HOW MADE (4) Challenge the validity of the arrest or
legality of the warrant or assail the
Arraignment regularity or question the absence of
This is the stage where the accused is formally preliminary investigation of the charge.
informed of the charge against him by reading
before him the information/complaint and If the accused does not question the legality of
asking him whether he pleads guilty or not the arrest or search, this objection is deemed
guilty [Sec. 1(a), Rule 116]. waived.

It is the stage where the issues are joined and Procedure Of Arraignment
without which the proceedings cannot advance
further or, if held, will otherwise be void. [People The Court shall issue an order directing
v. Albert, G.R. No. 114001 (1995)]. the public prosecutor to submit the
1 record of the PI to the branch COC for the
Rationale latter to attach the same to the record of
The importance of arraignment is based on the the case.
constitutional right of the accused to be
informed. It is at this stage that the accused, for The court shall inform the accused of his
the first time, is given the opportunity to know right to counsel and ask him if he desires
the precise charge that confronts him. [Kummer to have one. Unless the accused is
v. People, G.R. No. 174461 (2013)] 2 allowed to defend himself in person or
has employed counsel of his choice, the
Plea court must assign a counsel de oficio to
Pertains to the matter which the accused, on his defend him.
arraignment, alleges in answer to the charge
against him. (1) If the accused pleads not guilty,
either:
Duty Of The Court Before Arraignment (a) He raises an affirmative defense,
The court shall: that is, he admits the charge but
(1) Inform the accused of his right to counsel; raises exempting or justifying
(2) Ask him if he desires to have one; and circumstances, in which case the
(3) Must assign a counsel de oficio to defend him, order of trial is reversed;
unless the accused: (b) He raises a negative defense, that
(a) Is allowed to defend himself in person; or is, he denies the charge, in which
(b) Has employed a counsel of his choice [Sec. case regular trial proceeds;
(2) If the accused pleads guilty:
6, Rule 116].
(a) For a non-capital offense, the
3 court the court may receive
Before arraignment and plea, the accused may evidence to determine the
avail of any of the following: penalty to be imposed.;
(1) Bill of particulars to enable him to properly (b) For a capital offense, the
plead and prepare for trial; prosecution must not only still
(2) Suspension of arraignment; upon motion, prove the accused’s guilt beyond
he may ask for suspension of arraignment reasonable doubt; the court
to pursue a petition for review before the must also conduct a searching
DOJ Secretary under Sec. 11, Rule 116, for a inquiry as to the voluntariness of
period of suspension shall not exceed 60 the plea.
days from filing of petition with the (3) If the accused does not enter any plea,
reviewing office; a plea of not guilty is entered by the
(3) Motion to quash the complaint or court.
information on any of the grounds under

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In case of failure of the offended party to appear


The time of the pendency of a motion to quash despite due notice, the court may allow the
or for a bill of particulars or other causes accused to enter a plea of guilty to a lesser
justifying suspension of the arraignment shall offense which is necessarily included in the
be excluded in computing the period [Sec. 1(g), offense charged with the conformity of the trial
Rule 116]. prosecutor alone [Sec. 1(f), Rule 116; AM No. 03-
1-09-SC Part B(2)].
How Made
(1) In open court where the complaint or In case of failure of accused to appear despite
information has been filed or assigned for due notice, there is no arraignment in absentia
trial; [Nolasco v. Enrile (1985)]. The presence of the
(2) By the judge or clerk of court; accused is not only a personal right but also a
(3) By furnishing the accused with a copy of the public duty, irrespective of the gravity of the
complaint or information; offense and the rank of the court.
(4) Reading it in a language or dialect known to
the accused; There can be no trial in absentia without first
(5) Asking the accused whether he pleads arraigning the accused; otherwise, the
guilty or not guilty. judgment is null and void.
(6) The accused must be present and must
personally enter his plea. Specific Rules
(7) Both arraignment and plea shall be made (1) Trial in absentia may be conducted only after
on record but failure to enter of record shall valid arraignment.
not affect the validity of the proceedings (2) Accused must personally appear during
[Sec. 1, Rule 116]. arraignment and enter his plea; counsel
cannot enter plea for the accused.
When Held (3) Accused is presumed to have been validly
GENERAL RULE: The accused should be arraigned in the absence of proof to the
arraigned within 30 days from the date the contrary.
court acquires jurisdiction over his person. (4) Generally, judgment is void if accused has
not been validly arraigned.
EXCEPTIONS: When the law provides for (5) If accused went into trial without being
another period, arraignment should be held arraigned, subsequent arraignment will cure
within said period, as in the following cases: the error provided that the accused was able
(1) When an accused is under preventive to present evidence and cross examine the
detention, his case should be raffled within witnesses of the prosecution during trial.
3 days from filing and accused shall be
arraigned within 10 days from receipt by the If an information is amended in substance
judge of the records of the case [RA 8493 which changes the nature of the offense (not
(Speedy Trial Act)]; merely as to form), arraignment on the
(2) Where the complainant is about to depart amended information is mandatory [Teehankee
from the Philippines with no definite date of v. Madayag, G.R. No. 103102 (1992)].
return, the accused should be arraigned
without delay [RA 4908]. The need for arraignment is imperative in an
amended information or complaint. This,
Presence of the offended party: however, pertains only to substantial and not to
The private offended party shall be required to formal amendments. [Kummer v. People, G.R.
appear in the arraignment for the purpose of: No. 174461 (2013)]
(1) Plea bargaining;
(2) Determination of civil liability; and G.2. WHEN A PLEA OF NOT GUILTY SHOULD
(3) Other matters requiring his presence BE ENTERED

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(1) When the accused so pleaded; granted by the judge, with the approval of the
(2) When he refuses to plead; prosecutor and the offended party if the
(3) When he makes a conditional or qualified prosecution does not have sufficient evidence to
plea of guilt [Sec. 1(c), Rule 116]; establish the guilt of the accused for the crime
(4) When the plea is indefinite or ambiguous; charged. The judge cannot on its own grant the
(5) When he pleads guilty but presents change of plea.
exculpatory evidence [Sec. 1(d), Rule 116].
G.4. ACCUSED PLEADS GUILTY TO CAPITAL
Plea of guilty is mitigating if it is made before OFFENSE; WHAT THE COURT SHOULD DO
prosecution starts to present evidence. Conditions that the trial court must observe to
obviate an improvident plea of guilty by the
Plea of not guilty should be entered: accused:
(1) Where the plea of guilty was compelled by (1) Conduct a searching inquiry into the
violence or intimidation voluntariness and full comprehension of the
(2) When the accused did not fully understand consequences of the pleas;
the meaning and consequences of his plea (2) Require prosecution to present evidence to
(3) Where the information is insufficient to prove the guilt and precise degree of
sustain conviction of the offense charged culpability of the accused;
(4) Where the information does not charge an (3) Ask the accused if he desires to present
offense, any conviction thereunder being evidence in behalf and allow him to do so if
void he desires [Sec. 3, Rule 116].
(5) Where the court has no jurisdiction
NOTE: A plea of guilty to a capital offense does
G.3. WHEN ACCUSED MAY ENTER A PLEA OF not result to an immediate rendering of
GUILTY TO A LESSER OFFENSE judgment.
Requisites
(1) The lesser offense is necessarily included in G.5. SEARCHING INQUIRY
the offense charged; The procedure in Sec. 3, Rule 116, when the
(2) The plea must be with the consent of both accused pleads guilty to a capital offense, is
the offended party and the prosecutor, mandatory.
except when the offended party fails to
appear despite due notice;
The plea must be clear, definite and
unconditional. It must be based on a free and
1. During Arraignment informed judgment.
At arraignment, the accused, with the consent
of the offended party and prosecutor, may be The judge must ask whether the accused was
allowed by the trial court to plead guilty to a assisted by counsel during custodial
lesser offense which is necessarily included in investigation and PI; ask questions on age,
the offense charged. [Sec. 2, Rule 116] educational attainment and socio-economic
status; and ask the defense counsel whether or
2. After Arraignment But Before Trial not he conferred with the accused [People v.
After arraignment but before trial, the accused Nadera, G.R. Nos. 181384-87 (2000)].
may still be allowed to plead guilty to said
lesser offense after withdrawing his plea of not Rationale
guilty. No amendment of the complaint or This is to enjoin courts to proceed with more
information is necessary [Sec. 2, Rule 116]. care where the possible punishment is in its
severest form and to avoid improvident pleas of
3. After Trial Has Begun guilt [People v. Samontanez, G.R. No. 134530
After the prosecution has rested its case, a (2000)].
change of plea to a lesser offense may be

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Guidelines for conducting a search inquiry latter.


(1) Ascertain from the accused himself: (7) The trial judge must satisfy himself that the
(a) How he was brought into the custody of accused, in pleading guilty, is truly guilty.
the law; The accused must be required to narrate the
(b) Whether he had the assistance of a tragedy or reenact the crime or furnish its
competent counsel during the custodial missing details [People v. Pastor, G.R. No.
and preliminary investigations; and 140208 (2002)].
(c) Under what conditions he was detained
and interrogated during the G.6. IMPROVIDENT PLEA OF GUILTY TO A
investigations. This is intended to rule out CAPITAL OFFENSE
the possibility that the accused has been
coerced or placed under a state of duress An improvident plea is one without proper
either by actual threats of physical harm information as to all the circumstances
coming from malevolent quarters or affecting it; based upon a mistaken assumption
simply because of the judge’s or misleading information/advice [Black’s Law
intimidating robes. Dictionary].
(2) Ask the defense counsel a series of questions
as to whether he had conferred with, and GENERAL RULE: An improvident plea should
completely explained to, the accused the not be accepted. If accepted, it should not be
meaning and consequences of a plea of held to be sufficient to sustain a conviction
guilty. [People v. De Ocampo Gonzaga, G.R. No. L-
(3) Elicit information about the personality 48373 (1984)]. The case should be remanded to
profile of the accused, such as his age, socio- the lower court for further proceedings.
economic status, and educational
background, which may serve as a EXCEPTION: If the accused appears guilty
trustworthy index of his capacity to give a beyond reasonable doubt from the evidence
free and informed plea of guilty. adduced by the prosecution and defense.
(4) Inform the accused the exact length of
imprisonment or nature of the penalty under When Improvident Plea May Be Withdrawn
the law and the certainty that he will serve At any time before judgment of conviction
such sentence. For not infrequently, an becomes final, the court may permit an
accused pleads guilty in the hope of a lenient improvident plea of guilty to be withdrawn and
treatment or upon bad advice or because of be substituted by a plea of not guilty. [Sec. 5,
promises of the authorities or parties of a Rule 116]
lighter penalty should he admit guilt or
express remorse. It is the duty of the judge to The withdrawal of a plea of guilty is not a matter
ensure that the accused does not labor of right of the accused but of sound discretion
under these mistaken impressions because a of the trial court [People v. Lambino, G.R. No. L-
plea of guilty carries with it not only the 10875 (1958)].
admission of authorship of the crime proper
but also of the aggravating circumstances
The reason for this is that trial has already
attending it, that increase punishment.
begun and the withdrawal of the plea will
(5) Inquire if the accused knows the crime with
change the theory of the case and put all past
which he is charged and fully explain to him
proceedings to waste.
the elements of the crime which is the basis
of his indictment. Failure of the court to do
so would constitute a violation of his Moreover, at this point, there is a presumption
fundamental right to be informed of the that the plea was made voluntarily
precise nature of the accusation against him
and a denial of his right to due process. G.7. GROUNDS FOR SUSPENSION OF
(6) All questions posed to the accused should be ARRAIGNMENT
in a language known and understood by the

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1. Unsound Mental Condition Of The Accused At the resolution of the prosecutor with the DOJ or
The Time Of The Arraignment the Office of the President, the accused may file
When the accused can neither comprehend the a motion to suspend the arraignment and
full import of the charge nor can he give an secure a ruling on his petition for review within
intelligent plea, the court shall order his mental 60 days from the filing of the petition (DOJ Circ.
examination and, if necessary, his confinement. No. 70).

The need for suspension may be determined Rationale


from physical and outward manifestations at This is to observe judicial courtesy and avoid
the time of arraignment indicative of a mental legal complications in case the resolution
disorder which the court had observed and would be different from the offense for which
defense counsel had called attention to [People the accused was arraigned, especially if it would
v. Alcalde, G.R. Nos. 139225-28 (2002)]. upgrade the offense.

In People v. Dungo, G.R. No. 89420 (1991), there If petition for review is not resolved within 60
are three major criteria to determine insanity: days, court may insist on the arraignment.
(1) Delusion test, where insanity is manifested
by a false belief for which there is no With the arraignment of the accused, the DOJ
reasonable basis and which would be Secretary can no longer entertain the appeal or
incredible under the given circumstances; petition for review because petitioner had
(2) Irresistible impulse test, where the accused already waived or abandoned the same.
has lost the power to choose between right [Gandarosa v. Flores, G.R. No. 167910 (2007)].
and wrong, to avoid the act in question, his
free agency being at that time destroyed. 4. Other Pending Incidents
(3) Right and wrong test, where a perverted Such as:
condition of mental and mortal faculties (1) Motion to quash
afflicts the accused as to render him (2) Motion for inhibition; and
incapable of distinguishing between right (3) Motion for Bill of particulars
and wrong.
H. MOTION TO QUASH
In People v. Pascual, G.R. No. 95029 (1993),
there are two tests to determine insanity: Form And Content
(1) Test of cognition, which requires complete (1) In writing;
deprivation of intelligence in committing the (2) Signed by the accused or his counsel; and
criminal act. It is the test adopted in this (3) Distinctly specify the factual and legal
jurisdiction. grounds [Sec. 2, Rule 117].
(2) Test of volition, which requires a total
deprivation of free will. When Filed
GENERAL RULE: At any time before entering his
2. Existence Of Prejudicial Question plea, the accused may move to quash the
Rationale complaint or information [Sec. 1, Rule 117].
A prejudicial question would be determinative
of guilt or innocence. EXCEPTION: When the grounds relied upon the
motion are:
It may be raised during PI. If the information is (1) Failure to charge an offense
filed in court, it may be raised as ground to (2) Lack of jurisdiction over the offense charged
suspend the arraignment. (3) Extinction of the offense or penalty
(4) Double jeopardy
3. Pendency Of Petition For Review
When the accused filed a petition for review of H.1. GROUNDS

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In General
The following grounds for MTQ are exclusive: That the missing element may be proved during
(1) Facts charged do not constitute an offense; the trial or that the prosecution has presented
(2) Court trying the case has no jurisdiction over evidence to establish the same cannot have the
the offense charged; effect of validating the void information or of
(3) Court trying the case has no jurisdiction over proving an offense which does not exist [People
the person of the accused; v. Asuncion, G.R. No. 80066 (1988)].
(4) Officer who filed the information had no
authority to do so; The defect is not cured by a failure to move to
(5) The information does not conform quash or by a plea of guilty [Suy Sui v. People,
substantially to the prescribed form; G.R. No. L-5278 (1953)].
(6) More than one offense is charged, except
when a single punishment for various
Instead of dismissing, however, the court
offenses is prescribed by law; should give the prosecution an opportunity to
(7) Criminal action or liability has been
amend the information.
extinguished;
(8) Averments which, if true, would constitute a
legal excuse or justification; Should the prosecutor fail to make the
(9) Accused has been previously convicted or amendment or should the information suffer
acquitted of the offense charged, or the case from the same defect despite amendment, the
against him was dismissed or otherwise MTQ shall be granted [Sec. 4, Rule 117].
terminated without his express consent (Sec.
3, Rule 117). 2. Court Has No Jurisdiction Over The Offense
Charged
NOTE: Although the rule is that grounds not In a criminal prosecution, the place where the
asserted in the motion to quash are waived, the offense was committed not only determines
following objections are not subject to waiver: venue, but is an essential element of jurisdiction
(1) Facts charged do not constitute an offense [Sec. 15, Rule 110; Lopez v. City Judge, G.R. No.
(2) Court trying the case has no jurisdiction over L-25795 (1966)].
the offense charged
(3) Criminal action or liability has been In private crimes, the complaint of the offended
extinguished party is necessary to confer authority to the
(4) Double jeopardy court.

NOTE: In cases covered by the Rules on 3. Court Has No Jurisdiction Over The Person Of
Summary Procedure, MTQ is allowed only if The Accused
made on the grounds of lack of jurisdiction over
When the accused files a MTQ based on this
the subject matter or failure to comply with
ground, he must do so only on this ground. If he
barangay conciliation proceedings [Sec. 19,
raises other grounds, he is deemed to have
Rules on Summary Procedure].
submitted his person to the jurisdiction of the
court [Sanchez v. Demetriou, G.R. No. L-11171-77
1. Facts Charged Do Not Constitute An Offense (1993)].
An information which does not charge an
offense or does not allege essential elements of When the objection is raised, the court should
a crime is void. resolve it before conducting trial to avoid
unnecessary expenditure of time and money
The test is whether or not the facts alleged, if [Mead v. Argel, G.R. No. L-41958 (1982)].
hypothetically admitted, would establish the
essential elements of the offense, as defined by 4. Officer Who Filed The Information Had No
law without considering matters aliunde
Authority To Do So
[People v. Romualdez, G.R. No. 166510 (2008)].
Authority to file and prosecute criminal cases is

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vested in:
(1) Provincial fiscals and their assistants. EXCEPTIONS:
(2) City fiscals and their assistants. (1) Those cases in which existing laws prescribe
(3) Chief State Prosecutor and his deputies a single punishment for various offenses;
(4) Other officers authorized by law (e.g., (2) Complex and compound crimes, except
Ombudsman, COMELEC). where one offense was committed to
conceal another;
The prosecutor who signed the information (3) An offense incidental to the gravamen of the
must have territorial jurisdiction to conduct offense charged;
preliminary investigation of the offense [Cudia v. (4) A specific crime set forth in various counts,
CA, G.R. No. 110315 (1998)]. each of which may constitute a distinct
offense.
An information filed in the Sandiganbayan
must be signed by a graft investigating officer However, this ground is waivable. The accused
with prior approval of the Ombudsman. may be convicted of all the offenses alleged and
proved if he goes to trial without objecting to
For election offenses, it must be signed by the the inclusion of two or more separate offenses
duly deputized prosecutors and legal officers of in the same information [People v. Villamor, G.R.
the COMELEC. No. 124441 (1998)].

Lack of authority of the officer is not cured by 7. Criminal Action Or Liability Has Been
silence, acquiescence, express consent or even Extinguished
by amendment. When criminal liability is extinguished:
(1) Death of the accused, but liability for
5. Complaint Or Information Does Not Conform pecuniary penalties is extinguished only if
Substantially To The Prescribed Form death occurs before final judgment;
The formal and substantial requirements are (2) Service of sentence, which must be by virtue
provided for in Secs. 6-12, Rule 110. of a final judgment and in the form
prescribed by law;
GENERAL RULE: Lack of substantial (3) Amnesty;
compliance renders the accusatory pleading (4) Absolute pardon;
(5) Prescription of the crime;
nugatory.
(6) Prescription of the penalty;
(7) Pardon in private offenses.
EXCEPTION: Mere defects in matter of form may
be cured by amendment.
Protection from prosecution under a statute of
limitation is a substantive right. Where the
Objections not raised are deemed waived, and statute fixes a period of limitation as to a
the accused cannot seek affirmative relief on prosecution for a particular offense, the
such ground nor raise it for the first time on limitation so fixed is jurisdictional, and the time
appeal [People v. Garcia, G.R. No. 120093 within which the offense is committed is a
(1997)]. jurisdictional fact, it being necessary that the
indictment or information be actually filed
Vague or broad allegations are generally not within the time prescribed. [People v.
grounds for a MTQ. The correct remedy is to file Sandiganbayan, G.R. No. 101724 (1992)]
for a bill of particulars [Sec. 9, Rule 116].
8. Contains Averments That If True Would
6. More Than One Offense Is Charged Constitute A Legal Excuse Or Justification

GENERAL RULE: The complaint or information Examples:


must charge only one offense [Sec. 13, Rule 110]. (1) Justifying circumstances

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(2) Exempting circumstances H.2. DISTINGUISH MOTION TO QUASH


(3) Absolutory causes FROM DEMURRER TO EVIDENCE

9. Accused Has Been Previously Convicted Or


Demurrer to
Acquitted Of The Offense Charged, Or The Case Motion to quash
evidence
Against Him Was Dismissed Or Otherwise
When Filed before Filed after the
Terminated Without His Consent filed entering plea prosecution has
rested its case
1). Double Jeopardy
Basis for Does not go into Based upon the
NOTE: See H.5. Double Jeopardy
grant or the merits of the inadequacy of
denial case the evidence
2). Dismissal Without Express Consent adduced by the
This refers only to dismissal or termination of the prosecution
case. It does not refer to the conviction or
Grounds Grounds are Ground is
acquittal [People v. Labatete, G.R. No. L-12917
stated in Rule “insufficiency of
(1960)].
117 evidence” to
convict
If consent is not express, dismissal will be
regarded as final (i.e., with prejudice to refilling) Neces- Does not May be filed
[Caes v. IAC, G.R. Nos. 74989-90 (1989)]. sity of require a prior either with leave
leave leave of court or without leave
Even with the consent of the accused, however, of court
dismissal has the effect of acquittal when Effect of Grant does not Grant is deemed
predicated on: grant necessarily an acquittal and
(1) Insufficiency of the prosecution’s evidence or follow a would preclude
(2) Denial of the right to a speedy trial [Almario dismissal (Court the filing of
v. CA, G.R. No. 127772 (2001)]. may order the another
filing of a new information or
When dismissal constitutes acquittal complaint or appeal by the
Dismissal constitutes acquittal when it is information) prosecution
granted: Remedy If the court, in The order
(1) Upon demurrer to evidence; denying the denying the
(2) Due to violation of right to speedy trial (even motion to motion for leave
if dismissal was upon motion of the accused quash acts with to file a
or with his express consent). grave abuse of demurrer “shall
discretion, then not be
Dismissal Acquittal certiorari or reviewable by
Does not decide the Always based on the prohibition lies appeal or by
case on the merits. merits. Defendant’s certiorari before
Does not determine guilt was not proven judgment”
innocence or guilt beyond reasonable If the court
doubt denies the
demurrer to
Double jeopardy will Double jeopardy evidence filed
not always attach always attaches with leave of
court, the
NOTE: See H.6. Provisional Dismissal accused may
adduce evidence
in his defense.
When the

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demurrer is filed the basis of the amended information [Sec. 4,


without leave, Rule 117].
the accused
waives the right EXCEPTION: Prosecution is precluded where
to present the ground for quashal would bar another
evidence and prosecution for the same offense.
submits the case
for judgment The prosecution may appeal from the order of
[Section 23, quashal to the appellate court.
Rule 119]
If the information was quashed because it did
H.3. EFFECTS OF SUSTAINING THE MOTION not allege the elements of the offense, but the
TO QUASH facts so alleged constitute another offense
under a specific statute, the prosecution may
file a complaint for such specific offense where
1. Filing Another Complaint Or Information dismissal is made prior to arraignment and on
MTQ [People v. Purisima (1978)].
GENERAL RULE: Court may order that another
complaint or information be filed [Sec. 5, Rule Order denying MTQ Order granting MTQ
117)
Interlocutory Final Order
EXCEPTION: If MTQ was based on the following: Not appealable Immediately
(1) Criminal action or liability has been absent a showing of appealable but
extinguished; GAD. If there is GAD, subject to rules on
(2) Double jeopardy. then file petition for double jeopardy
certiorari
2. Discharge Of The Accused Does not dispose of Disposes of the case
the case upon its upon its merits
GENERAL RULE: If in custody, the accused shall merits when the ground is
not be discharged unless admitted to bail [Sec. the extinguishment
5, Rule 117]. The order granting the MTQ must of liability or double
state either release of the accused or jeopardy
cancellation of his bond. Proper remedy: Proper remedy:
appeal after the trial appeal the order
EXCEPTION: When there is no order to file
Consequence: Consequence:
another complaint/information or, if there is Arraignment Amend information
one, when no new information is filed within the if possible
time specified in the order or within such further
time as the court may allow for good cause, the
accused shall be discharged. NOTE: The remedy for an order denying a MTQ
is to go to trial, without prejudice to reiterating
EXCEPTION TO THE EXCEPTION: The accused the special defenses invoked in their MTQ
will not be discharged if he is in custody for [Serana v. Sandiganbayan (2008)]. However, if
another charge. the court in denying the motion to quash acts
without or in excess of jurisdiction or with grave
abuse of discretion, then certiorari or
3. Remedies Of The Prosecution
prohibition lies [Lazarte v. Sandiganbayan
(2009); Javier v. Sandiganbayan (2009)].
GENERAL RULE: The prosecution may amend
the information to correct the defects if the TC
makes the order, and thereafter prosecute on

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H.4. EXCEPTION TO THE RULE THAT information;


SUSTAINING THE MOTION IS NOT A BAR TO (iii)The plea of guilty to the lesser offense
ANOTHER PROSECUTION was made without the consent of the
prosecutor and of the offended party
except when offended party failed to
GENERAL RULE: Grant of the MTQ will not be a
appear during such arraignment.
bar to another prosecution for the same offense
(c) What: The offenses are penalized either
[Sec. 6, Rule 117].
by different sections of the same law or by
different statutes. The essential elements
EXCEPTION: It will bar another prosecution of each must be examined.
when the ground for the quashal is either: (d) Test: Whether or not evidence that proves
(1) The criminal action or liability has been one likewise proves the other [People v.
extinguished; or Ramos (1961)].
(2) The accused has been previously convicted, (b) When an act punished by a law and an
or in jeopardy of being convicted, or ordinance, conviction or acquittal under
acquitted of the offense charged. either shall be a bar to another prosecution
for the same act [Sec. 21, Art. III,
H.5. DOUBLE JEOPARDY Constitution].
The right against double jeopardy prohibits the (a) The second sentence of the constitutional
prosecution for a crime of which he has been protection was precisely intended to
previously convicted or acquitted [Caes v. IAC, extend to situations not covered by the
G.R. No. 74989-90 (1989)]. first sentence. Although the prior offense
charged under an ordinance be different
Rule of double jeopardy from the offense charged under a
When a person is charged with an offense and national statute, the constitutional
the case is terminated either by acquittal or protection is available provided that both
conviction or in any other manner without the arise from the same act or set of acts
express consent of the accused, the latter [People v. Relova, G.R. No. L-45129
cannot again be charged with the same or (1987)].
identical offense [Sec. 3(i), Rule 117]. (b) But: An offense penalized by ordinance is,
by definition, different from an offense
penalized under a statute. Hence, they
Kinds of double jeopardy would never constitute double jeopardy.
(a) No person shall be put twice in jeopardy for [People v. Relova, G.R. No. L-45129
the same offense [Sec. 21, Art. III, (1987)]
Constitution];
(a) General rule: There is identity between Requisites to successfully invoke double
the two offenses not only when the jeopardy
second offense is exactly the same as the (1) A first jeopardy must have attached;
first, but also when the second offense is (2) The first jeopardy must have been validly
an attempt to or frustration of or is terminated; and
necessarily included in the offense (3) The second jeopardy must be for the same
charged in the first information. offense or the second offense necessarily
(b) Exceptions: includes or is necessarily included in the
(i) The graver offense developed due to offense charged in the first information, or
supervening facts arising from the is an attempt to commit the same or a
same act or omission constituting the frustration thereof [People v. Espinosa, G.R.
former charge; Nos. 153714-20 (2003)].
(ii) The facts constituting the graver
charge became known or were
discovered only after a plea was Requisites for first jeopardy to attach
entered in the former complaint or (1) Valid indictment;
(2) Before a competent court;

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(3) Arraignment; The State may revive beyond the periods


(4) A valid plea entered; and provided there is a justifiable necessity for the
(5) The accused has been convicted or delay.
acquitted, or the case dismissed or
otherwise validly terminated without his The Court is not mandated to apply Sec. 8
express consent [People v. Honrales, G.R. No. retroactively simply because it is favorable to
182651 (2010)]. the accused. The time-bar under the new rule
was fixed for the benefit of the State and the
However, a dictated, coerced and scripted accused, and not for the accused only [People v.
verdict of acquittal is a void judgment. It neither Lacson, G.R. No. 149453 (2003)].
binds nor bars anyone [Galman v.
Sandiganbayan, G.R. No. 72670 (1986)]. The following are conditions sine qua non for
the application of the time-bar rule:
H.6. PROVISIONAL DISMISSAL (1) The prosecution, with the express conformity
of the accused, or the accused moves for the
provisional (sin perjucio) dismissal of the
Provisional dismissal case; or both the prosecution and the
Provisional dismissal is dismissal without accused move for a provisional dismissal of
prejudice to its being refiled or revived. the case [Sec. 8, Rule 117];
(2) The offended party is notified of the motion
Cases are provisionally dismissed where there for the provisional dismissal of the case
has already been arraignment and the accused (3) The court issues an order granting the
consented to a provisional dismissal. motion and dismissing the case
provisionally;
Grounds for provisional dismissal (4) The public prosecutor is served with a copy
Sec. 8 does not state the grounds for provisional of the order of provisional dismissal of the
dismissal. However, according to the case of Los case [People v. Lacson, G.R. No. 149453
Baños v. Pedro, G.R. No. 173588 (2007), the (2003)].
delimitation of the grounds available in MTQ
suggests that where the grounds cited are those A case may be revived by:
listed under Sec. 3, then the appropriate (1) Refiling of the information;
remedy is to file a motion to quash, and not any (2) Filing of a new information for the same
other remedy. offense or one necessarily included in the
Conversely, where a ground does not appear original offense charged.
under Sec. 3, then a motion to quash is not a
proper remedy. A motion for provisional GENERAL RULE: Upon revival of the case, there
dismissal may then apply if the conditions is no need for a new PI.
required by Sec. 8 obtain.
EXCEPTIONS:
When dismissal becomes permanent (Time-bar (1) If the original witnesses have recanted their
rule) testimonials or have died;
One year after issuance of the order without the (2) If the accused is charged under a new
case having been revived for offenses criminal complaint for the same offense;
punishable: (3) If the original charge is upgraded;
(1) By imprisonment not exceeding 6 years; (4) If the criminal liability is upgraded from
(2) By fine of any amount; accessory to principal.
(3) By both [Sec. 8, Rule 117];
(4) Two years after issuance of the order without
the case having been revived for offenses I. PRE-TRIAL
punishable by imprisonment of more than 6
years. Application of Judicial Affidavit Rule

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[Sec. 9, AM 12-8-8-SC] jurisdiction over the person of the accused.


(1) This Judicial Affidavit Rule shall apply to all
criminal actions: EXCEPTION: A shorter period may be provided
(a) Where the maximum of the imposable by special laws or SC circulars.
penalty does not exceed six years;
(b) Where the accused agrees to the use of Things considered
judicial affidavits, irrespective of the (1) Plea bargaining;
penalty involved; or (2) Stipulation of facts;
(c) With respect to the civil aspect of the (3) Marking for identification of evidence;
actions, whatever the penalties involved (4) Waiver of objections to admissibility of
are. evidence;
(2) The prosecution shall submit the judicial (5) Modification of the order of trial if accused
affidavits of its witnesses not later than five admits the charge but interposes a lawful
days before the pre-trial, serving copies if the defense (reverse trial);
same upon the accused. The complainant or (6) Other matters that will promote a fair and
public prosecutor shall attach to the expeditious trial of the civil and criminal
affidavits such documentary or object aspects of the case [Sec. 1, Rule 118].
evidence as he may have, marking them as
Exhibits A, B, C, and so on. No further judicial
Plea bargaining
affidavit, documentary, or object evidence
It is the process in criminal procedure whereby
shall be admitted at the trial.
the accused, offended party, and the
(3) If the accused desires to be heard on his prosecution work out a mutually satisfactory
defense after receipt of the judicial affidavits disposition of the case subject to court approval
of the prosecution, he shall have the option (See DOJ Circ. No. 35, as amended by Circ. No.
to submit his judicial affidavit as well as 55 for the guidelines on plea bargaining as well
those of his witnesses to the court within ten
as note on Rule 116).
days from receipt of such affidavits and serve
a copy of each on the public and private
prosecutor, including his documentary and It usually involves the defendant pleading guilty
object evidence previously marked as to a lesser offense or to one or some of the
Exhibits 1, 2, 3, and so on. These affidavits counts of a multi-count indictment in return for
shall serve as direct testimonies of the a lighter sentence than that for the graver
accused and his witnesses when they appear charge [People v. Mamarion, G.R. No. 137554
before the court to testify. (2003)].

I.1. MATTERS TO BE CONSIDERED DURING The conviction of the accused of the lesser
PRE-TRIAL offense precludes the filing and prosecution of
the offense originally charged in the
Pre-trial is mandatory in all criminal cases. Its information, except when the plea of guilty to a
main objective is to achieve an expeditious lesser offense is without the consent of the
resolution of the case. offended party and the prosecutor [People v. De
Luna, G.R. No. L-77969 (1989); Sec. 7(c), Rule
In general 117, see Sec. 2, Rule 116].
Coverage
The court shall order pre-trial in all criminal Stipulation of facts
cases cognizable by the Sandiganbayan, RTC This is no longer prohibited in criminal cases
and MTC or MTCC or MCTC or MeTC. [People v. Hernandez, G.R. No. 108028 (1996)].

Period However, in a case of rape with the allegation


GENERAL RULE: The court shall order a pre- that the victim is below 12 years of age which
trial conference after arraignment and within qualifies said crime and increases its penalty to
30 days from the time the court acquires death, nothing short of proof beyond

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reasonable doubt of every fact necessary to


constitute the elements of the crime must be Requirements [Sec. 2, Rule 118]
established. Circumstances that qualify a crime (1) Must be in writing;
and increases its penalty to death cannot be the (2) Signed by the accused and his counsel;
subject of stipulation [People v. Sitao, G.R. No. (3) With approval of court if agreements cover
146790 (2002)]. matters in Sec. 1, Rule 118.

Marking for identification of evidence If this is not followed, the admissions cannot be
Proffer of exhibits is not allowed. It ought to be used against the accused (i.e., inadmissible in
done at the time a party closes the presentation evidence). The constitutional right to present
of evidence. evidence is waived expressly.

Role of the judge I.4. NON-APPEARANCE DURING PRE-TRIAL


During the pre-trial, the judge shall be the one
to ask questions on issues raised therein and all The court may impose proper sanctions or
questions must be directed to him to avoid penalties (reprimand, fine or imprisonment), if
hostilities between the parties [AM 03-1-09-SC]. counsel for the accused or the prosecutor to
enforce the mandatory character of the pre-trial
in criminal cases:
I.2. WHAT THE COURT SHOULD DO WHEN
(1) Does not appear at the pre-trial conference;
PROSECUTION AND OFFENDED PARTY
and
AGREE TO THE PLEA OFFERED BY THE
(2) Does not offer an acceptable excuse [Sec. 3,
ACCUSED
Rule 118].

The Court shall: NOTE: The accused is not included because his
(1) Issue an order which contains the plea constitutional right to remain silent may be
bargaining arrived at; violated. The accused is not required to attend
(2) Proceed to receive evidence on the civil (unless ordered by the court) and is merely
aspect of the case; and required to sign the written agreement arrived
(3) Render and promulgate judgment of at in the pre-trial conference, if he agrees to the
conviction, including the civil liability or contents of such. The complainant is also not
damages duly established by the evidence required to appear during pre-trial. It is the
[AM 03-1-09-SC]. prosecutor who is required to appear at the pre-
trial. (People v. Judge Tac-An, G.R. No. 148000,
GENERAL RULE: Court approval is required. February 27, 2003)

EXCEPTION: Agreements not covering matters I.5. PRE-TRIAL ORDER


referred to in Sec. 1, Rule 118, need not be so Issuance
approved [AM 03-1-09-SC]. The pre-trial order is:
(1) Issued by the court;
Effect (2) Within 10 days after the pre-trial [AM 03-1-
The stipulations become binding on the parties 09-SC].
who made them. They become judicial
admissions of the fact or facts stipulated. Judgment of acquittal based on pre-trial
despite disputed documents and issues of fact
Even if placed at a disadvantageous position, a amounts to grave error and renders the
party may not be allowed to rescind them judgment void [People v. Santiago, G.R. No. L-
unilaterally; he must assume the consequences 80778 (1989)].
of the disadvantage [Bayas v. Sandiganbayan,
G.R. No. 143689-91 (2002)].
Content
(1) Actions taken;
I.3. PRE-TRIAL AGREEMENT

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(2) Facts stipulated; allowed by the court for good cause shown.
(3) Evidence marked; In mediatable cases, the judge shall refer the
(4) Admissions made; parties and their counsel to the PMC unit for
(5) The number of witnesses to be presented; purposes of mediation if available.
and
(6) The schedule of trial [Sec. 4, Rule 118]. J. TRIAL
NOTE: Nos. 4 to 6 are added by AM 03-1-09-SC
to the requirements under Sec. 4, Rule 118. J.1. INSTANCES WHEN PRESENCE OF
ACCUSED IS REQUIRED BY LAW
Effect
(1) Binds the parties. The procedure is GENERAL RULE: The presence of the accused
substantially the same in civil cases, except during the trial may be waived.
that any modification of the pre-trial order in
civil cases must be made before the trial. No EXCEPTION: Prosecution may require the
such limitation is provided for in criminal presence of the accused for the purposes of
cases; identification by its witnesses [Carredo v. People,
(2) Limits the trial to those matters not disposed G.R. No. 77542, March 19, 1990].
of;
(3) Controls the course of the action during trial,
EXCEPTION TO THE EXCEPTION: The presence
except if modified by the court to prevent
of the accused is no longer required when he
manifest injustice.
unqualifiedly admits in open court after
arraignment that he is the person named as
I.6. REFERRAL OF SOME CASES FOR COURT- defendant in the case on trial [Carredo v. People,
ANNEXED MEDIATION AND JUDICIAL supra.]
DISPUTE RESOLUTION
Under AM No. 03-1-09 (Proposed Rule on NOTE: The presence of the accused is also
Guidelines to be Observed by Trial Court Judges required in the following cases:
and Clerks of Court in the Conduct or Pre-Trial (1) At arraignment; [Sec. 1(b), Rule 116]
and use of Deposition-Discovery Measures), (2) At the promulgation of judgment, unless
after the arraignment, the court shall forthwith the conviction is for a light offense [Sec.
set the pre-trial conference within 30 days from 6, Rule 120].
the date of arraignment, and issue an order:
(1) Requiring the private offended party to J.2. REQUISITES BEFORE TRIAL CAN BE
appear thereat for purposes of plea- SUSPENDED ON ACCOUNT OF ABSENCE OF
bargaining except for violations of the WITNESS
Comprehensive Dangerous Drugs Act of
2002, and for other matters requiring his Requisites
presence; (1) The witness must be either absent or
(2) Referring the case to the Branch COC, if unavailable;
warranted, for a preliminary conference to (2) The absent or unavailable witness must be
be set at least three days prior to the pre-trial essential [Riano].
to mark the documents or exhibits to be
presented by the parties and copies thereof “Absent” means that his whereabouts are
to be attached to the records after unknown or cannot be determined by due
comparison and to consider other matters as diligence. [Sec. 3(b), Rule 119]
may aid in its prompt disposition; and
(3) Informing the parties that no evidence shall “Unavailable” means that his whereabouts are
be allowed to be presented and offered known but presence for trial cannot be obtained
during the trial other than those identified by due diligence. [Sec. 3(b), Rule 19]
and marked during the pre-trial except when

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“Essential” means indispensable, necessary, or


important in the highest degree [Black’s Law J.3. TRIAL IN ABSENTIA
Dictionary].
Requisites
Effect of absence of witness (1) Accused has been arraigned;
The period of delay resulting from the absence (2) He was duly notified of trial;
or unavailability of an essential witness shall be (3) His failure to appear is unjustified.
excluded in computing the time within which
trial must commence [Sec. 3, Rule 119]. Rationale
This is to speed up disposition of cases.
Counsel for the accused, the public prosecution
or public attorney may be punished if he J.4. REMEDY WHEN ACCUSED IS NOT
knowingly allows the case to be set for trial BROUGHT TO TRIAL WITHIN THE
without disclosing that a necessary witness PRESCRIBED PERIOD
would be unavailable for trial. On motion of the accused, the information may
be dismissed on the ground of denial of his right
Conditional examination to speedy trial [Sec 9, Rule 119].
When it satisfactorily appears that a witness for
the prosecution is too sick or infirm to appear at Factors to conside
the trial as directed by the court, or has to leave
the Philippines with no definite date of (1) Duration of the delay;
returning, he may forthwith be conditionally (2) Reason therefor;
examined before the court where the case is (3) Assertion of the right or failure to assert it;
pending. and
(4) Prejudice caused by such delay [Corpuz v.
Sandiganbayan, G.R. No. 162214 (2004)].
Such examination, in the presence of the
accused, or in his absence after reasonable
notice to attend the examination has been Must be raised prior to trial; otherwise, the right
served on him, shall be conducted in the same to dismiss is considered waived under Sec. 9,
manner as an examination at the trial. Rule 119.

Failure or refusal of the accused to attend the Burden of proof


examination after notice shall be considered a The accused has the burden of proving the
waiver. The statement taken may be admitted ground of denial of right to speedy trial for the
in behalf of or against the accused [Sec. 15, Rule motion.
119].
The prosecution has the burden of going
Responsibility of Counsel for Unavailable forward with the evidence to establish the
Witness exclusion of time.
The court may, without prejudice to any
appropriate criminal and administrative This is subject to the rules on double jeopardy.
charges to be instituted by the proper party Hence, if with prejudice, the case cannot be
against the erring counsel if and when revived anymore.
warranted, punish the counsel for the accused,
the public prosecution or public attorney who; J.5. REQUISITES FOR DISCHARGE OF
(1) Knowingly allows the case to be set for trial ACCUSED TO BECOME A STATE WITNESS
without disclosing the fact that a necessary
Requisites
witness would be unavailable for trial; or
(1) Two or more persons are jointly charged with
(2) Otherwise willfully fails to proceed to trial
the commission of any offense.
without justification consistent with the
(2) Upon motion of the prosecution before
provisions of the Speedy Trial Act.
resting its case

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(3) Petition for discharge is filed before the (1) Amount to an acquittal of the discharged
defense has offered its evidence. [People v. accused;
Anion (1988)] (2) Bar future prosecutions for the same offense
(4) Hearing in support of the discharge where [Sec. 18, Rule 119].
the prosecution is to present evidence and
the sworn statement of each proposed state EXCEPTION: If the accused fails/refuses to
witness. testify against his co-accused in accordance
(5) The court is satisfied of the following: with his sworn statement constituting the basis
(a) Absolute necessity for the testimony of for his discharge, these effects do not set in.
the accused whose discharge is
requested; Any error in asking for and in granting the
(i) He alone has the knowledge of the discharge cannot deprive the one discharged of
crime, and not when his testimony the acquittal and the constitutional guaranty
would simply corroborate or against double jeopardy [People v. Verceles, G.R.
strengthen the evidence in the hands No. 130650 (2002)].
of the prosecution. [Flores v.
Sandiganbayan, G.R. No. L-63677 Conviction of the accused against whom
(1983)];
discharged state witness testified is not
(b) There is no other direct evidence
required.
available for the proper prosecution of
the offense, except the testimony of the
said accused; Subsequent amendment of the information
(c) The testimony can be substantially does not affect discharge [People v. Taruc, G.R.
corroborated in its material points; No. L-14010 (1962)].
(d) The accused does not appear to be the
most guilty; NOTE: The evidence adduced in support of the
(e) The accused has not, at any time, been discharge shall automatically form part of the
convicted of any offense involving moral trial.
turpitude [Sec. 17, Rule 119].
NOTE: If the discharge is not granted, the
Discharge of a co-accused affidavit of the accused cannot be used by the
It is the duty of the prosecutor to include all the prosecution.
accused in the complaint/information. He may
ask the court to discharge one of them after J.7. DEMURRER TO EVIDENCE
complying with the conditions prescribed by
law [Sec. 17, Rule 119]. This applies only when A demurrer to evidence is defined as “an
the information has already been filed in court. objection or exception by one of the parties in an
Thus, even the state witness is included as action at law, to the effect that the evidence
accused prior to discharge. which his adversary produced is insufficient in
point of law (whether true or not) to make out
While all the accused may be given the same his case or sustain the issue” [Pasag v. Parocha,
penalty by reason of conspiracy, one may be G.R. No. 155483 (2007), citing Black’s Law
considered the least guilty if we take into Dictionary].
account his degree of participation in the
perpetration of the offense. [People v. Ocimar, GENERAL RULE: An order granting the
G.R. No. 94555 (1992)] accused’s demurrer to evidence amounts to an
acquittal.
J.6. EFFECTS OF DISCHARGE OF ACCUSED
AS STATE WITNESS EXCEPTION: When there is a finding that there
was grave abuse of discretion on the part of the
trial court in dismissing a criminal case by
GENERAL RULE: The order of discharge shall: granting the accused’s demurrer to evidence

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[Hon. Mupas v. People, G.R. No. 189365 (2011)]. reviewable by appeal or by certiorari before
judgment [Sec. 23, Rule 119];
The order granting the demurrer is not (3) It is interlocutory, but it may be assigned as
appealable but may be reviewed via certiorari error and reviewed in the appeal that may
under Rule 65 [People v. Sandiganbayan, be taken from the decision on the merits
Marcos (2012)]. [Cruz v. People, G.R. No. 121422 (1999)].

Rationale Right of the accused to present evidence after


This is to prevent the filing of demurrer based demurrer is denied
on frivolous and flimsy grounds. Filed with leave Filed without leave
of court of court
How initiated May adduce Waives the right to
(1) By the court motu proprio, after giving the evidence in his present evidence
prosecution the opportunity to be heard; or defense [Sec. 23, Rule 119]
(2) Upon demurrer to evidence filed by the
accused: Purpose is to Submits the case for
(a) With leave of court; determine whether judgment on the
(b) Without leave of court [Sec. 23, Rule 119]. or not the demurrer basis of the evidence
was filed merely to for the prosecution
stall the
Motion for leave to file demurrer
proceedings
(1) It must specifically state its grounds.
(2) It must be filed within a non-extendible Implied leave of If there are 2 or more
period of 5 days after the prosecution rests court is no longer accused and only
(i.e. after the court shall have ruled on the sufficient and one presents a
prosecution’s formal offer). Prosecution may prevents accused demurrer without
then oppose within a non-extendible period from presenting leave of court:
of 5 days from receipt. evidence (e.g. The court may defer
(3) If leave of court is granted, the demurrer accused files motion resolution until
must be filed within a non-extendible period with reservation to decision is rendered
of 10 days from notice. Prosecution may present evidence in on the other accused
oppose within a similar period [Sec. 23, Rule case motion is If it can be shown
119]. denied) from the decision
that the resolution
Effect granting demurrer on the demurrer was
The court dismisses the action on the ground of rendered not only on
insufficiency of evidence [Sec. 23, Rule 119]. This the basis of the
amounts to acquittal of the accused. prosecution’s
evidence but also on
Sufficient evidence for frustrating a demurrer is the evidence
evidence that proves: adduced by his co-
a. Commission; and accused, then the
b. Precise degree of participation [Gutib v. CA, demurrer is deemed
G.R. No. 131209 (1999)]. resolved

Effect of denial of motion for leave to file K. JUDGMENT


demurrer
(1) Accused may choose between:
K.1. REQUISITES OF A JUDGMENT
(a) Filing the demurrer even without leave; or
(b) Adducing evidence for his defense; A judgment is the adjudication by the court that
(2) Order denying the motion for leave or order the accused is guilty or not guilty of the offense
denying the demurrer itself, is not charged and the imposition on him of the

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proper penalty and civil liability, if any [Sec. 1, the accused by the offended party, if there is
Rule 120] any, unless the enforcement of the civil
liability by a separate civil action has been
(1) Written in official language. If given verbally, reserved/waived [Sec. 2, Rule 120].
it is incomplete [People v. Catolico, G.R. No.
L-31260 (1972)]; Proof beyond reasonable doubt
(2) Personally and directly prepared by the It is that degree of proof which produces
judge; conviction in an unprejudiced mind [People v.
(3) Signed by the judge. The judge who presided Bacalzo, G.R. No. 89811 (1991)].
over the entire trial would be in a better
position to ascertain the truth or falsity of the For Two Or More Offenses
testimonies. But the judge who only took Where the accused fails to object to two or more
over can render a valid decision by relying on offenses charged in a single
the transcript. It does not violate due process information/complaint before trial, the court
[People v. Badon, G.R. No. 126143 (1999)]; may:
(4) Contains clearly and distinctly a statement (1) Convict him of as many offenses as are
of facts proved and the law upon which charged and proved, except when one of the
judgment is based [Sec. 1, Rule 120]. offenses has been a necessary means for
committing the other offense and where
There is sufficient compliance if the decision both have been the result of a single act; and
summarizes the evidence of both parties, (2) Impose on him the penalty for each offense,
synthesizes the findings and concisely narrates setting out separately the findings of fact
how the offense was committed. and law in each offense [Sec. 3, Rule 120],
subject to the three-fold rule on the service
Judge Who Renders Decision of penalty.
The fact alone that the judge who heard the
evidence was not the one who rendered the Variance Between Allegation and Proof (also
judgment but merely relied on the record of the known as the Variance Doctrine)
case does not render his judgment erroneous or
irregular, especially when the evidence on GENERAL RULE: The defendant can be
record is sufficient to support its conclusion convicted only of the crime with which he is
[People v. Alfredo, G.R. No. 188560 (2010)]. charged.

K.2. CONTENTS OF JUDGMENT However, minor variance between the


information and the evidence cannot be ground
for acquittal, such as when the variance:
A. Conviction
(1) Does not alter the nature of the offense;
The judgment of conviction shall state: (2) Does not determine or qualify the crime or
(1) The legal qualification of the offense penalty. [Sayson v. People, G.R. No. L-51745
constituted by the acts committed by the (1988)]
accused and the aggravating/mitigating
circumstances which attended its
EXCEPTION: He can be convicted of an offense
commission;
proved provided it is included in the charge, or
(2) The participation of the accused in the
of an offense charged which is included in that
offense, whether as principal, accomplice or
which is proved [Sec. 4, Rule 120].
accessory after the fact;
(1) The accused can be convicted of an offense
(3) The penalty imposed upon the accused;
only when it is both charged and proven.
(4) The penalty should not be imposed in the
(2) The mere fact that the evidence presented
alternative. There should be no doubt as to
would indicate that a lesser offense outside
the offense committed and the penalty for it;
the court’s jurisdiction was committed does
(5) The civil liability or damages caused by his
not deprive the court of its jurisdiction, which
wrongful act/omission to be recovered from

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had vested in it under the allegations in the Terminates the case


information.
Decision on the Not on the merits
merits based on a but no finding that
EXCEPTION TO THE EXCEPTION: Where there finding that the accused is not guilty
are facts that supervened after the filing of the
accused is not guilty
information which change the nature of the
offense.
Reasonable doubt is doubt engendered by an
When an offense includes or is included in investigation of the whole proof and an inability,
another after such investigation, to let the mind rest
(1) The offense charged necessarily includes the upon the certainty of guilt.
offense proved when some of the essential
elements/ingredients of the former, as Acquittal based on failure to prove guilt beyond
alleged in the complaint/information, reasonable doubt does not extinguish the civil
constitute the latter. liability arising from his acts, since the civil
(2) An offense charged is necessarily included in liability arose not from a crime but from the
the offense proved when the essential damage caused by such acts, which can be
ingredients of the former constitute or form proven by a lower quantum of evidence. Thus, it
part of those constituting the latter [Sec. 5, does not bar a separate civil action based on
Rule 120]. quasi-delict [Lontoc v. MD Transit, G.R. No. L-
(3) The effect is that the accused may be 48949 (1988)].
convicted of:
(4) The offense proved which is included in the The court may hold the accused civilly liable
offense charged; or even when it acquits him. Acquittal
(5) The offense charged which is included in the extinguishes civil liability only when the
offense proved [Sec. 4, Rule 120]. judgment includes a declaration that the facts
from which the civil liability might arise did not
The right to be informed of the charges has not exist. Thus:
been violated because where an accused is (1) The court may nonetheless hold the accused
charged with a specific crime, he is duly civilly liable in favor of the offended party, or
informed also of lesser crimes/offenses it may deny the award of civil damages
included therein [People v. Villamar (1998)]. expressly or impliedly by being silent on the
matter.
Where a complex crime is charged and the (2) The losing party may appeal the ruling on
evidence fails to support the charge as to one of the civil liability, as in any other ordinary
the component offenses, the accused can be appeal, in his name and not in the name of
convicted of the one which is proven. the People.

B. Acquittal The judge acquitting an accused cannot punish


him at the same time.
The judgment of conviction shall state whether:
(1) The evidence of the prosecution absolutely
failed to prove the guilt of the accused; or GENERAL RULE: The court has authority to
(2) Merely failed to prove his guilt beyond express disapproval of certain acts even if
reasonable doubt. judgment is for acquittal.
In either case, the judgment shall determine if
the act or omission complained from which the EXCEPTION: The court is not permitted to
civil liability might arise did not exist [Sec. 2, censure the accused in a judgment for acquittal
Rule 120]. – no matter how light, a censure is still a
punishment.
Acquittal Dismissal

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K.3. PROMULGATION OF JUDGMENT;


INSTANCES OF PROMULGATION OF Promulgation In Certain Circumstances
JUDGMENT IN ABSENTIA
1. Promulgation Where The Judge Is Absent
In General The judgment may be promulgated by the clerk
Promulgation is the official proclamation or of court when the judge is absent or outside the
announcement of a judgment or order. province or city [Sec. 6, Rule 120].

Promulgation is made by reading it in the 2. Where Presence Of Accused Is Required;


presence of the accused and any judge of any Exceptions
court in which it was rendered [Sec. 6, Rule 120]
GENERAL RULE: Presence of the accused is
Requisites mandatory in the promulgation of judgment.
(1) There must be a judge or judges legally
appointed or elected and actually acting EXCEPTION: Convictions for light offenses [Sec.
either de jure or de facto; 6, Rule 120].
(2) The said judgment must be duly signed and
promulgated during the incumbency of the If the judgment is for conviction and the failure
judge who signed it [Miguel v Municipal Trial of the accused to appear was without justifiable
Court (1986)]. cause, he shall lose the remedies available in
(3) The judgment or sentence does not become the Rules against the judgment and the court
a judgment or sentence in law until it is: shall order his arrest.
(a) Read and announced to the defendant; or
(b) Has become a part of the record of the However, within 15 days from promulgation of
court [US v. CFI of Manila (1913)]. judgment, he may surrender and file a motion
for leave of court to avail of these remedies. He
Failure To Promulgate shall state the reasons for his absence.
Where there is no promulgation of judgment, no
right to appeal accrues. Merely reading the If he proves his absence was for a justifiable
dispositive portion of the decision is not cause, shall be allowed to avail of the remedies
sufficient. within 15 days from notice [Sec. 6, Rule 120;
People v. De Grano, G.R. No. 167710 (2009)].
Notice For Promulgation
The Clerk of Court gives notice to the accused Effect of failure of the accused to appear at the
personally or through the bondsman or warden scheduled date of promulgation
and counsel. Promulgation is made by recording the
judgment in the criminal docket and serving a
If the accused jumps bail or escapes from prison copy at the accused’s last known address or
and was tried in absentia, notice will be served through counsel [Sec. 6, Rule 120].
in last known address [Sec. 6, Rule 120]. 3. Promulgation When Accused Is Confined Or
Detained In Another City
Sin Perjuicio Judgment Promulgation will be done in the RTC which has
It is a judgment without a statement of the facts jurisdiction over the place of confinement. In
in support of its conclusion to be later this case, the court promulgating the judgment
supplemented by the final judgment. This shall have authority to accept notice of appeal
practice is discouraged by the courts. [Dizon v. and to approve the bail bond pending appeal
Lopez, AM RTJ-96-1338 (1997)]. This is a [Sec. 6, Rule 120]
practice which should not be followed and
cannot be looked upon with favor.[Director of
Lands v. Sanz, G.R. No. 21183 (1923)] 4. Promulgation When A Judge Is No Longer A
Judge

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A judgment promulgated after the judge who


signed the decision has ceased to hold office is EXCEPTION: They become an error of law or
not valid and binding. In like manner, it cannot irregularity when acquittal would, in all
be promulgated after the retirement of the probability, have followed the introduction of
judge. [Nazareno v. CA, G.R. No. 111610 (2002)] certain testimony which was not submitted at
the trial under improper or injudicious advice of
K.4 FINALITY OF JUDGMENT (FOUR incompetent counsel of the accused.
INSTANCES)
Irregularities must be with such seriousness as
to affect prejudicially the substantial rights of
When does judgment become final?
the accused.
(1) After the lapse of the period for perfecting an
appeal;
(2) When the sentence has been 2. New And Material Evidence
partially/totally satisfied or served; See 5.12.3. Requisites before a new trial may be
(3) The accused has expressly waived in writing granted on ground of newly discovered
his right to appeal; evidence
(4) When the accused applies for probation, and
thereby waives right to appeal. [Sec. 7, Rule L.2. GROUNDS FOR RECONSIDERATION
120] The court shall grant reconsideration on the
ground of errors of law or fact in the judgment,
Judgment also becomes final when judgment is which requires no further proceedings [Sec. 3,
an acquittal [People v. Sandiganbayan, G.R. No. Rule 121].
164577 (2010)].
L.3. REQUISITES BEFORE A NEW TRIAL MAY
NOTE: Before the judgment becomes final, the BE GRANTED ON GROUND OF NEWLY
TC has plenary power to make, either on motion DISCOVERED EVIDENCE
or motu proprio, such amendment or alterations
The court shall grant a new trial when new and
as it may deem best, within the frame of law, to
material evidence has been discovered which
promote the ends of justice [Sec. 7, Rule 120].
the accused could not with reasonable
diligence have discovered and produced at the
After finality, the TC is divested of authority to trial and which if introduced and admitted
amend/alter the judgment, except to correct would probably change the judgment [Estino v.
clerical errors. People, G.R. No. 163957-58 (2007)].

L. NEW TRIAL OR RECONSIDERATION The determinative test is the presence of due or


reasonable diligence to locate the thing to be
used as evidence in the trial [Briones v. People,
L.1 GROUNDS FOR NEW TRIAL
G.R. No. 156009 (2009)].
(1) Errors of law or irregularities
(2) New and material evidence Requisites
The evidence:
1. Errors Of Law Or Irregularities (1) Was discovered after the trial;
The court shall grant a new trial when errors of (2) Could not have been discovered and
law or irregularities prejudicial to the produced at the trial even with the exercise
substantial rights of the accused have been of reasonable diligence, the accused has
committed during the trial. the burden of proving this [US v. Torrente
(1922)];
GENERAL RULE: Errors of the defense counsel (3) Is material, not merely cumulative/
in the conduct of the trial is neither an error of corroborative/impeaching; and
law nor an irregularity. (4) Is of such weight that it would probably

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change the judgment if admitted [Jose v. CA


(1976)]. When there is variance between two reports
In People v. del Mundo (1996), the court allowed
It must be of weighty influence and will affect the presentation in a new trial of a police report,
the result of the trial [People v. Alfaro (2003)]. not new, and which could have been discovered
with due diligence, because the evidence
Interest of justice as gauge for introduction of contained in such was at such variance with the
new evidence health officer’s report at trial, that its contents
In People v. Almendras [G.R. No. 145915 (2003)], raised doubts to the guilt of the accused.
the court ruled that a motion for a new trial may
be granted on a ground not specifically
provided in the rules, provided that it is sought
in the interest of justice. In that case, the relief
of a new trial was granted to a client who has L.4. EFFECTS OF GRANTING NEW TRIAL OR
suffered by reason of his/her counsel’s gross RECONSIDERATION
mistake and negligence.
In General be taken and
(1) The original judgment set aside or vacated; considered
(2) A new judgment is rendered accordingly; together with
the evidence
Other Effects Of Granting New Trial Or already in the
Reconsideration Depending on Ground [Sec. 6, record.
Rule 121].
Ground Effect Action of the L.5. APPLICATION OF THE NEYPES DOCTRINE
court IN CRIMINAL CASES
Errors of law All The court will The Neypes doctrine allows a fresh period of 15
or proceedings allow days within which to file the notice of appeal in
irregularities and evidence introduction the RTC, counted from receipt of the order
committed affected shall of additional dismissing a MNT or MR. Neypes v. CA [G.R. No.
during the be set aside evidence in
141534 (2005)] declared that:
trial and taken the interest of
anew. justice.
If error or “Henceforth, this ‘fresh period rule’ shall also
irregularity apply to Rule 40 governing appeals from the
goes into the Municipal Trial Courts to the Regional Trial
jurisdiction, Courts; Rule 42 on petitions for review from the
the entire Regional Trial Courts to the Court of Appeals;
proceeding is
void and must Rule 43 on appeals from quasi-judicial agencies
be set aside. to the Court of Appeals and Rule 45 governing
appeals by certiorari to the Supreme Court.”
Newly- Evidence The court will
discovered already allow
evidence adduced shall introduction The “fresh period rule” enunciated in Neypes also
stand and the of other such applies to criminal actions, particularly to Sec. 6
newly- evidence in of Rule 122. [Yu v. Tatad, G.R. No. 170979 (2011)]
discovered the interest of
and such justice.
M. APPEAL
other
evidence shall

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M.1. EFFECT OF AN APPEAL If it involves


An appeal in a criminal proceeding throws the questions of law
whole case open for review and it becomes the only
duty of the appellate court to correct an error as If it involves
may be found in the appealed judgment WON it constitutionality or
is made the subject of assignment of errors validity of any
[People v. Calayca, G.R. No. 121212 (1999)]. treaty/law/ordinanc
e/EO/ regulation or
M.2. WHERE TO APPEAL the jurisdiction of
the inferior court
For cases decided by Appeal to In criminal cases
involving offenses
MTC/MeTC/MCTC RTC
for which the
RTC or MTC/MeTC/ Sandiganbayan penalty imposed is
MCTC (if it is death or life
government duty- imprisonment
related, i.e., filed Other offenses,
under EO 1, 2, 4 and which, although not
14-A) so punished, arose
RTC (if it involves CA out of the same
questions of fact and occurrence or which
of law) may have been
committed by the
Where the RTC CA (notice of appeal) accused on the same
imposed the penalty occasion, as that
of reclusion perpetua If the CA imposes giving rise to the
or life imprisonment. reclusion perpetua or more serious offense
life
imprisonment, it will CA or SC
render and enter Sandiganbayan
judgment. The
subsequent appeal M.3. HOW APPEAL TAKEN
to the SC
is by notice of appeal The right to appeal is not a natural right nor a part
[Rule 122, Section of due process but merely a statutory privilege
3(a)(c) (People v. and may be exercised only in the manner and in
Mateo, G.R. No. accordance with the provisions of the law [Estarija
147678 (2004))] v. People, G.R. No. 173990 (2009)].

Decided by Appeal to Mode


Where the RTC CA (automatic
imposed review) MTC/MeTC/ RTC Filing of
the penalty of death. MCTC notice of
If the Court of RTC (original CA appeal with
Appeals imposes jurisdiction) the court
death, it will render which
judgment but will rendered the
not order
enter, and will certify appealed
the case to the from and
Supreme Court for serving a
review [Rule copy thereof
122, Section 3(d) and to the
122 Section 10]. adverse party
RTC SC RTC CA Petition for
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(appelate review (Rule accused fails to appear without justifiable


jurisdiction) 42) cause, he would lose the remedy to appeal
[Sec. 6, Rule 120].
Appeal to Filing of
the SC in notice of
cases where appeal with I. Procedure In The Lower Courts
the penalty the court When appeal to be taken. Within 15 days
imposed by which from promulgation of the judgment or
the RTC is rendered the from notice of the final order appealed
death, reclus order from.
ion appealed 1 The period to appeal shall be suspended
perpetua, or from and from the time a MNT or MR is filed until
life serving a notice of the order overruling the motion
imprisonme copy thereof has been served upon the accused or his
nt, or where to the counsel.
a lesser adverse party Transmission of record to RTC. Within 5
penalty is (Except when days from perfection of the appeal, the
imposed but the penalty 2
COC shall transmit the original record to
for offenses imposed is the appropriate RTC.
committed death as
on the same such is Notification of parties. Upon receipt of
occasion or subject to the complete record, TSN and evidence
3
which arose automatic of the case, the RTC COC shall notify the
out of the review) parties of such fact.
same Submission of memoranda/briefs.
occurrence Within 15 days from receipt of said
that gave 4 notice, the parties may submit
rise to the memoranda/briefs, or may be required
more serious by the RTC to do so.
offense for
Decision. After submission of such
which the
memoranda/briefs or upon the
penalty of
expiration of the period to file the same,
death, reclus
5 the RTC shall decide the case on the
ion
basis of the entire record of the case and
perpetua, or
of such memoranda/briefs as may have
life
been filed.
imprisonme
nt is
imposed. GENERAL RULE: The procedure to be observed in
the MeTC/MTC/MCTC shall be the same as that
All other Petition for in the RTC.
appeal to the review on
SC certiorari EXCEPTIONS:
(Rule 45) (1) Where a particular provision applies only to
either of said courts;
Who May Appeal (2) Criminal cases governed by the Revised Rules
on Summary Procedure [Sec. 1, Rule 123].
GENERAL RULE: Any party may appeal from a
judgment or final order [Sec. 1, Rule 122]. Offenses Falling Under The Jurisdiction Of The
MTC/MCTC
EXCEPTIONS: Notwithstanding the uniform procedure rule, if
(1) A party may not appeal if the accused will be the offense falls under the jurisdiction of the
placed in double jeopardy by such action [Sec. MTC/MCTC, complaint/information may be filed
1, Rule 122]; directly with said courts or with the City
(2) If the judgment is for conviction and the Prosecutor’s Office [Salcedo v. Nobles-Bans, G.R.
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No. L-67540 (1985)].


Extension Of Time For Filing Briefs
Offenses Falling Under The Jurisdiction Of MeTC
In Metro Manila and other chartered cities, GENERAL RULE: Extension of time for the filing
criminal cases shall be commenced only by of briefs is not allowed.
information; thus, the complaint may be filed
only with the Office of the City Prosecutor. EXCEPTION: Extension may be granted for good
and sufficient cause.
If the case is directly filed with the court, the case
should not be dismissed. The court should just It is sought through a motion for extension, which
refer it to the City Prosecutor for the filing of the must be filed before the expiration of the time
corresponding information [Salcedo v. Nobles- sought to be extended [Sec. 5, Rule 124].
Bans, G.R. No. L-67540 (1985)].
The court may grant as many extensions as may
II. Procedure In The Court Of Appeals be asked [Gregorio v. CA, G.R. No. L-43511 (1976)].

Parties And Title Form Of Briefs


In all criminal cases appealed to the CA, the party Briefs shall be printed/encoded/ typewritten, in
appealing shall be called the “appellant” and the double space, on legal size good quality
adverse party the “appellee.” unglazed paper, 330mm in length by 216mm in
width.
The title of the case shall remain as it was in the
court of origin (i.e., People v. John Doe) [Sec. 1, Mimeographed copies are not allowed [Sec. 6,
Rule 124]. Rule 124].

Briefs Content Of Briefs


The briefs in criminal cases shall have the same
Brief For The Appellant contents as provided in Secs. 13 to 14, Rule 44
The appellant shall file seven copies of his brief [Sec. 7, Rule 124].
with the clerk of court, accompanied by proof of
service of two copies on the appellee.
Dismissal Of Appeal For Abandonment Or Failure
It shall be filed within 30 days from receipt by the To Prosecute; Grounds
appellant or his counsel of the CA clerk of court’s
notice that the evidence is already attached to the Appellant Fails To File His Brief Within The
record [Sec. 3, Rule 124]. Prescribed Time
The CA may, upon motion of the appellee or motu
Brief For The Appellee proprio and with notice to the appellant in either
case, dismiss the appeal if the appellant fails to
Appellee shall file seven copies of his brief with file his brief with the time prescribed, except
the clerk of court, accompanied by proof of where the appellant is represented by a counsel
service of two copies on the appellant.
de oficio.
It shall be filed within 30 days from receipt of the
appellant’s brief [Sec. 4, Rule 124]. If failure to file brief on time is the ground,
appellant must be given notice to give him
opportunity to reason out why his appeal should
Reply To Appellee’s Brief not be dismissed.
Filing a reply is optional. Thus, the appellant may
file a reply brief covering matters raised in the However, dismissal is proper despite lack of
appellee’s brief but not in the brief of the
notice:
appellant.
(1) If appellant has filed a MFR or motion to set
aside the order dismissing the appeal, in
It must be filed within 20 days from receipt of the which he stated the reason why he failed to file
appellee’s brief [Sec. 4, Rule 124].
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his brief on time and the appellate court of the record and of the parties’ evidence, is of the
denied the motion after considering reason opinion that error was committed and such error
[Baradi v. People, G.R. No. L-2658 (1948)]; injuriously affected the appellant’s substantial
(2) If appeal was dismissed without notice but rights [Sec. 10, Rule 124].
appellant took no steps to have the appeal
reinstated. Such action amounts to When it involves credibility of witnesses,
abandonment [Salvador v. Reyes, G.R. No. L- appellate courts will not generally disturb the
2606 (1949)]. TC’s findings.

Appellant Escapes, Jumps Bail, Or Flees Ratio: The TC is in a better position to decide the
The CA may also, upon motion of the appellee or question, having seen and heard the witnesses
motu proprio, dismiss the appeal if the appellant themselves. [People v. Cabiling, G.R. No. L-38091
escapes from prison/confinement, jumps bail or (1976)]
flees to a foreign country during the pendency of
the appeal [Sec. 8, Rule 124]. Scope Of The CA’s Judgment
The CA may:
Likewise, when accused flees after the case has (1) Reverse/affirm/modify the judgment;
been submitted for decision, he is deemed to (2) Increase/reduce the penalty imposed by the
have waived his right to appeal [People v. Ang TC;
Gioc, G.R. No. L-48547 (1941)]. (3) Remand the case to the RTC for new trial or
retrial;
However, the appeal will not be dismissed (4) Dismiss the case [Sec. 11, Rule 124].
despite escape:
(1) In one exceptional case, the appellant took When the accused appeals from the sentence of
advantage of a mass jailbreak (because, the TC, he waives the constitutional safeguard
according to his counsel de oficio he was against double jeopardy and throws the whole
innocent and wanted to elude an unjust case open to the review of the appellate court,
punishment) but was recaptured two hours which is then called upon to render such
after, the SC said circumstances were not judgment as law and justice dictate, WON
sufficient to justify dismissal of the appeal favorable to the accused and WON made the
[People v. Valencia (1949)]; subject of assignment of errors [Ko Bu Lin v. CA,
(2) If there was absolutely no evidence against the G.R. No. L-57170 (1982)].
accused as found by the appellate court, he
should be acquitted in order to prevent an CA’s Power To Receive Evidence
injustice by technicalities [People v. The CA has power to try cases and conduct
Buenaventura (1994)]; hearings, receive evidence and perform any and
(3) In case of automatic review [People v. Cornelio, all acts necessary to resolve factual issues in
G.R. No. L-1289 (1971)]. cases:
(1) Falling within its original jurisdiction;
Prompt Disposition Of Appeal (2) Involving claims for damages arising from
Appeals of accused who are under detention are provisional remedies;
given precedence in their disposition over other (3) Where the court grants a new trial based only
appeals. on the ground of newly-discovered evidence.

The accused need not be present in court during CA’s trials and hearings must be continuous and
the hearing of the appeal [Sec. 9, Rule 124]. completed within three months, unless extended
by the Chief Justice [Sec. 12, Rule 124].
Reversal Or Modification Of Judgment On Appeal
Post-CA Judgment
GENERAL RULE: No judgment shall be reversed
or modified. Certification Or Appeal Of Cases To The SC
(1) If the CA finds that death penalty should be
EXCEPTION: When the CA, after an examination imposed, it shall render judgment but refrain
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from making an entry of judgment. It shall


then certify the case and elevate its entire GENERAL RULE: No party shall be allowed a
record to the SC for review. The accused does second MFR of a judgment or final order [Sec. 16,
not have to do anything. Rule 124; Sec. 11, BP 129].
(2) If the judgment also imposes a lesser penalty
for offenses committed on the same occasion EXCEPTION: Where the first MFR resulted in a
or which arose from the same occurrence that reversal or substantial modification of the
gave rise to the more severe offense for which original decision or final resolution.
death is imposed, and the accused appeals,
the appeal shall be automatically included in
In this case, the party adversely affected by the
the case certified for review in the SC
reversal/modification may himself file a MFR of
(3) If the CA imposes reclusion perpetua, life
the latest judgment of the court, because with
imprisonment or a lesser penalty:
respect to him, said motion is a first pleading of
(4) It shall render and enter judgment imposing that nature.
such penalty.
(5) Appeal here is not automatic. The accused has
to file a notice of appeal with the CA [Sec. 113, Applicable Civil Procedure Rules
Rule 124]. Provisions of Rules 42, 44-46 and 48-56 relating
to procedure in the CA and the SC in original and
Judgment Transmitted And Filed In The TC appealed civil cases, shall be applied to criminal
cases insofar as they are applicable and not
When the CA’s entry of judgment is issued, a
inconsistent with the provision of this Rule [Sec.
certified true copy of the judgment shall be 18, Rule 124].
attached to the original record. These shall be
remanded to the clerk of the court from which the
appeal was taken [Sec. 17, Rule 124]. III. PROCEDURE IN THE SUPREME COURT

This copy of the entry serves as the formal notice Uniform Procedure
to the court from which the appeal was taken of GENERAL RULE: The procedure in the SC in
the disposition of the case in the appellate court, original and in appealed cases shall be the same
so that the judgment may be executed and/or as in the CA [Sec. 1, Rule 125].
placed or noted in the proper file.
EXCEPTION: The procedure changes when the
MNT During The Pendency Of Appeal Constitution or law so provides.
(1) Appellant may file MNT on the ground of
newly discovered evidence material to his What The SC May Do On Review
defense any time: In a criminal case, an appeal to the SC throws
(a) After the appeal from the lower court has open the whole case for review and it becomes its
been perfected; but duty to correct such errors as may be found in the
(b) Before the CA judgment convicting him judgment appealed from, whether or not they
becomes final; were assigned as errors [People v. Olfindo, G.R.
(2) The motion shall conform to Sec. 4, Rule 121 No. L-22679 (1924)].
[Sec. 14, Rule 124];
(3) If the CA grants a MNT, it may either: It may examine the judgment as to the
(a) Conduct the hearing and receive evidence; qualification of the crime and the degree of the
(b) Refer the trial to the court of origin [Sec. 15, penalty imposed [Macali v. Revilla, G.R. No. L-
Rule 124]. 25308 (1926)].

Reconsideration Of CA Judgment It may also assess and award civil indemnity


MFR may be filed within 15 days from notice of [Quemuel v. CA, G.R. No. L-22794 (1946)].
the CA judgment or final order, with copies served
on the adverse party. Modes By Which A Case May Reach The SC

The mittimus shall be stayed during the MFR’s 1. Automatic Review


pendency.
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Automatic review is not a matter of right on the (c) When the jurisdiction of any inferior court is in
part of the accused, but a matter of law. issue;
(d) When only an error or question of law is
It is available when: involved.
(a) The RTC judgment upon the accused
imposes death penalty [Sec. 10, Rule 122]; On decisions of the CA and the Sandiganbayan,
(b) The RTC decision is appealed to CA and the as a rule, review here is limited to errors of law.
latter is of the opinion that the penalty
imposed should be death or life GENERAL RULE: Certiorari is used to correct only
imprisonment. CA judgment is imposed but errors of jurisdiction and not errors of judgment
no entry of judgment is made; instead, the of an inferior court. For errors of judgment,
case is certified and the entire record is ordinary appeal is available.
elevated to the SC for review [Sec. 13, Rule
124]. EXCEPTIONS:
In the following cases, certiorari is granted
2. Ordinary Appeal despite existence of the remedy of appeal:
It is available when: (1) Where public welfare and advancement of
(a) The penalty imposed by the RTC is life public policy so dictate;
imprisonment, decision is appealable directly (2) Where the broader interests of justice so
to the SC by filing a notice of appeal with the require;
RTC [Sec. 3, Rule 122]; (3) Where the orders complained of were found to
(b) An accused was charged with two or more be completely null and void;
offenses committed on the same occasion or (4) Where appeal was not considered as the
arising out of the same occurrence, and in one appropriate remedy.
of those 2 cases, he was sentenced to life
imprisonment or death penalty, the appeal Review Of CA Decisions
with respect to the others, though punished
with a lesser penalty, is to the SC [Sec. 3, Rule
The procedure for the review by the SC of CA
122];
decisions on criminal shall be the same as in civil
(c) The penalty of reclusion perpetua or death is
cases [Sec. 2, Rule 125].
imposed on some of the defendants and a
lesser penalty on the other co-defendants, on
account of their varying degree of GENERAL RULE: The appellate jurisdiction of
participation in the commission of the offense the SC in cases brought to it from the CA is limited
or due to the presence of modifying to reviewing and revising the errors of law
circumstances, in which case the decision on incurred by the latter. The CA’s findings of fact are
the non-life convicts is directly appealable to final. If an appeal in the SC involves questions of
the SC [People v. Carino (2002)]. facts, the SC has no jurisdiction and should
dismiss appeal [Guico v. Mayuga, G.R. Nos. L-
45274-5 (1936)].
In these cases, the SC reviews not only errors of
law but also the findings of fact by the TC.
EXCEPTIONS:
(1) When the conclusion is a finding founded
3. Petition For Review On Certiorari
entirely on
It is available when: speculations/surmises/conjectures;
(a) The constitutionality or validity of any treaty, (2) When the inference made is manifestly
executive agreement, law, ordinance or mistaken/absurd/impossible;
executive order or regulation is in question; (3) When there is GAD;
(b) When validity of law is questioned by an (4) When the judgment is based on a
accused convicted under it by the TC, the SC misapprehension of facts;
cannot review the evidence or pass upon any (5) When the findings of facts are conflicting;
other question of law which may appear on the (6) When the CA, in making its findings, went
record, but will only confine itself to the beyond the issues of the case and the same
question of the in/validity of that law [Trinidad are contrary to the admissions of both
v. Sweeney, G.R. No. 2487 (1904)];
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appellant and appellee [Napolis v. CA, G.R. L- power to interfere with it [Salvatierra v. CA, G.R.
28865 (1972)]. No. 107797 (1996)].

Failure To Specify Appellate Court EXCEPTION: Insofar as the judgment of the


Failure of appellant to specify in his notice of appellate court is favorable and applicable to
appeal the court to which the appeal is being those who did not appeal or who withdrew his
made is not fatal [RA 296]. appeal [People v. Gandia, G.R. No. 175332 (2008)].

Erroneous Mode Of Appeal The appeal of the offended party from the civil
In the case of People v. Resuello (1969), the aspect shall not affect the criminal aspect of the
contention of the adverse party that the ordinary judgment or order appealed from [Sec. 11, Rule
appeal filed by appellant be dismissed because 122].
the proper remedy is petition for review on
certiorari (only questions of law were involved) M.5. GROUNDS FOR DISMISSAL OF APPEAL
was rejected.

The SC said that in cases similarly situated, and When Appeal By The People Will Not Lie
as long as the steps formally required for the The People/State cannot appeal when it will put
perfection of an appeal were taken in due time, the accused in double jeopardy. The
appeal may be given due course, without constitutional mandate against double jeopardy
prejudice to requiring the appellant to file the prohibits not only a subsequent prosecution in a
necessary petition for review on certiorari which is new and independent cause but extends also to
also a form of appeal. appeal in the same case by the prosecution after
jeopardy had attached [Republic v. CA, G.R. No.
Decision If Opinion Is Equally Divided L- 41115 (1982)].
When the SC en banc is equally divided in opinion
or the necessary majority cannot be had on The prosecution cannot appeal from a judgment
whether or not to acquit the appellant, the case of acquittal.
shall again be deliberated upon.
Rationale
If no decision is reached after re-deliberation, the A verdict of that nature is immediately final and
lower court’s judgment of conviction shall be to try on the merits, even in an appellate court,
reversed and the accused is acquitted. places the accused in double jeopardy [Central
Bank v. CA, G.R. No. 41859 (1989)].
If case is decided by a division of the SC whose
members are equally divided, the case shall be Dismissal of case upon filing of demurrer by the
heard and decided by the SC en banc [Sec. 3, Rule accused was held to be final even though based
125]. on erroneous interpretation of the law. Hence, an
appeal therefrom by the prosecution would
M.4. EFFECT OF APPEAL BY ANY OF SEVERAL constitute double jeopardy [People v.
ACCUSED Sandiganbayan, G.R. No. 174504 (2011), citing
People v. Nieto, 103 Phil. 1133]
GENERAL RULE: An appeal taken by one or more
of several accused shall not affect those who did Where the TC has jurisdiction but mistakenly
not appeal. dismisses the complaint/information on the
ground of lack of it, the order of dismissal is
As to the appealing party, the execution of unappealable [People v. Duran, G.R. No. L-13334
judgment appealed from is stayed upon the (1960)].
perfection of the appeal.
An appeal by the People will not lie if the purpose
As to the co-accused who did not appeal, the is to correct the penalty imposed by the trial court
judgment of the TC insofar as it relates to him or to include in a judgment a penalty erroneously
becomes final and the appellate court has no omitted [People v. Paet, G.R. No. L-9551 (1956)].

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The preclusion against appeal by the State from search or seizure in any particular case is purely a
judgments or final orders having the effect of judicial question, determinable from a
acquittal applies even though accused did not consideration of the circumstances involved,
raise question of jeopardy [People v. Ferrer, G.R. including the purpose of the search, the presence
No. L-9072 (1956)]. or absence of probable cause, the manner in
which the search and seizure was made, the place
N. SEARCH AND SEIZURE or thing searched, and the character of the
articles procured [Rodriguez v. Villamiel, L-44328
(1937)].
N.1. NATURE OF SEARCH WARRANT
Doctrine Of Attenuation
In General Under the doctrine of attenuation, despite the
It is an order in writing; issued in the name of the illegality in obtaining evidence, such evidence
People of the Philippines; signed by a judge; and may be admissible if the connection between the
directed to a peace officer, commanding him to evidence and the illegal method is sufficiently
search for personal property described in the remote or attenuated so as to dissipitate the taint
warrant and bring it before the court [Sec. 1, Rule [Wong Sun v. US (1963)].
126].
Directed upon acts of the government, not private
Nature persons
A search warrant is in the nature of a criminal The constitutional protection is directed against
process akin to a writ of discovery, employed by the acts of the government and its agents, not
the state to procure relevant evidence of a crime private persons [People v. Marti, G.R. No. 81561
[Malaloan v. CA, G.R. No. 104879 (1994)]. (1991)]

It is not available to individuals in the course of However, if the private person is acting upon
civil proceedings. orders of government officials, the principle of
agency applies, because in fact such private
person is acting in the interest of government,
It is interlocutory in character – it leaves
and is therefore subject to the prohibition against
something more to be done, which is the
unreasonable searches and seizures.
determination of the guilt of the accused.
GENERAL RULE: Search of property is
Constitutional Safeguard
unreasonable unless it has been authorized by a
No search warrant or warrant of arrest shall issue valid search warrant.
except upon probable cause to be determined
personally by the judge after the examination
EXCEPTIONS:
under oath/affirmation of the complaint and the
(1) Search incidental to a lawful arrest;
witness he may produce, and particularly
(2) Consented search;
describing the place to be searched, and the
(3) Search of moving vehicle;
things/persons to be seized [Sec. 2, Art. III,
(4) Checkpoints;
Constitution].
(5) Plain view;
(6) Stop and frisk;
Under the exclusionary rule, any evidence (7) Customs search;
obtained in violation of this is inadmissible for any (8) Other exceptions, such as exigent
purpose in any proceeding [Sec. 3, 2nd par., Art. circumstances, buy-bust operations, and
III, Constitution]. private searches.

The constitutional guarantee is not a blanket N.2. DISTINGUISH FROM WARRANT OF


prohibition against all searches and seizures. It ARREST
operates only against “unreasonable” searches
and seizures. Search warrant Warrant of arrest
Nature Order in writing Order directed
What constitutes a reasonable or unreasonable
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and in the name of to the peace at any time of


purpose the People of officer to the day or night
the Philippines, execute the [Section 9, Rule
signed by the warrant by 126]
judge and taking the Validity Valid for 10 days Does not expire
directed to the person stated
peace officer to therein into
search personal custody that he N.3. APPLICATION FOR SEARCH WARRANT;
property may be bound to WHERE FILED
described answer for the It may be filed in any court within whose territorial
therein and to commission of jurisdiction the crime was committed.
bring it to court the offense
Probable The judge must The judge does For compelling reasons, which must be stated in
cause personally not have to the application, it may also be filed:
examine the personally (1) If the place of the commission of the crime is
complainant examine the known, any court within the judicial region
and witnesses in complainant where the crime was committed;
the form of and his (2) Any court within the judicial region where the
searching witnesses. warrant shall be enforced.
questions and Instead, he may
answers opt to However, if the criminal action has already been
personally filed, the application shall only be made in the
evaluate the court where the criminal action is pending [Sec. 2,
report and Rule 126].
supporting
documents Under AM 03-8-02-SC, Executive Judges and,
submitted by whenever they are on official leave of absence or
the prosecutor are not physically present in the station, the Vice-
[AAA v. Executive Judges of Manila and Quezon City RTCs
Carbonell shall have authority to act on applications for
(2007)] search warrants involving:
Exam- The Examination (1) Heinous crimes;
ination examination must be under (2) Illegal gambling;
must be under oath. (3) Illegal possession of firearms and
oath or ammunitions
affirmation of (4) Violations of the Comprehensive Dangerous
the complainant Drugs Act of 2000;
and his (5) Violations of the Intellectual Property Code;
witnesses. (6) Violations of the Anti-Money Laundering Act
of 2001;
Form It must It must (7) Violations of the Tariff and Customs Code; and
particularly particularly (8) Other relevant laws that may hereafter be
describe the describe the enacted by Congress and included herein by
place to be person to be the Supreme Court.
searched and arrested.
the things to be
Substance Of Application
seized.
A search warrant shall not issue except:
When Generally May be made at (1) Upon probable cause
executed served in the any time of the (2) In connection with one specific offense;
day time, unless day or night (3) To be determined personally by the judge;
there be a (4) After examination under oath or affirmation of
direction in the the complainant and the witness he may
warrant that it produce;
may be served
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(5) Particularly describing the place to be premises to be searched;


searched and the things to be seized which (3) Show to them the search warrant; and
may be anywhere in the Philippines [Sec. 4, (4) Explain the warrant in a language or dialect
Rule 126]. known and understood by them.

Issuance And Form Of Search Warrant When Unannounced Intrusion Permissible


If the judge is satisfied of the existence of facts (1) Person in the premises refuses to open it upon
upon which the application is based or that there demand;
is probable cause to believe that they exist, he (2) Person in the premises already knew of the
shall issue the warrant, which must be identity and authority of the officers;
substantially in the form prescribed the Rules (3) When the officers have an honest belief that
[Sec. 6, Rule 126]. there is an imminent danger to life and limb;
(4) When those in the premises, aware of the
Thus, the search warrant must be in writing and presence of someone outside, are then
contain: engaged in activities which justifies the
(1) Name of person against whom it is directed; officers to believe that an escape or the
(2) Offense for which it was issued; destruction of evidence is imminent.
(3) The place to be searched and
(4) The description of the specific things to be Search In Presence Of Two Witnesses
seized;
No search of a house, room, or any other premises
(5) A directive to law enforcement officers to
shall be made except in the presence of the lawful
search and seize; occupant thereof or any member of his family or
(6) And for them to bring in court the things in the absence of the latter, two witnesses of
seized; sufficient age and discretion residing in the same
(7) Signature of the judge issuing it.
locality [Sec. 8, Rule 126].
Validity Of The Search Warrant
Time Of Making Search
The search warrant is valid for 10 days from its
The search shall be made at day time, unless the
date. Thereafter, it shall be void [Sec. 10, Rule
affidavit asserts that the property is on the person
126].
or in the place ordered to be searched, in which
case a direction may be inserted that it be served
The lifetime of the search warrant also ends when at any time of the day or night [Sec. 9, Rule 126].
a return has already been made [Mustang Lumber
v. CA, G.R. No. 104988 (1996)]. A search warrant violates Sec. 9, Rule 126 if the
time for making the search is left blank, thus
Service Of The Search Warrant enabling the officers to conduct the search in the
evening of the appointed search, causing untold
Right To Break Door Or Window To Effect Search conveniences to the person searched.
The officer, if refused admittance to the place of
directed search after giving notice of his purpose Where a search is to be made during the night
and authority, may break open any outer or inner time, the authority for executing the same at that
door or window of a house or any part of a house time should appear in the directive on the face of
or anything therein to execute the warrant to the search warrant [Asian Surety v. Herrera, G.R.
liberate himself or any person lawfully aiding him No. L-25232 (1973)].
when unlawfully detained therein [Sec. 7, Rule
126].
Post-Service
Knock And Announce Principle Receipt Of Property Seized
Generally, officers executing a search must do the If the lawful occupant is present: the officer
following acts: seizing the property under the search warrant
(1) Announce their presence; must give a detailed receipt for the same to the
(2) Identify themselves to the accused and to the lawful occupant of the premises in whose
persons who rightfully have possession of the presence the search and seizure were made.
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place sought to be searched [Santos v. Pryce


If the lawful occupant is not present: the officer Gases Inc., G.R. No. 165122 (2007)].
seizing the property under the search warrant
must, in the presence of at least two witnesses of This probable cause must be shown to be within
sufficient age and discretion residing in the same the personal knowledge of the complainant or
locality, leave a receipt in the place in which he the witnesses he may produce and not based on
found the seized property [Sec. 11, Rule 126]. mere hearsay. The probable cause must refer
only to one specific offense [Roan v. Gonzales, G.R.
Delivery And Inventory Of Property No. 71410 (1986)].
The officer must forthwith deliver the property
seized to the judge who issued the warrant, Note: Probable cause to arrest does not
together with a true inventory thereof duly necessarily involve a probable cause to search
verified under oath. and vice-versa.

Ten days after issuance of the search warrant, the N.5. PERSONAL EXAMINATION BY JUDGE OF
issuing judge shall ascertain if the return has THE APPLICANT AND WITNESSES
been made, and if none, shall summon the Aside from the requirements mandated by Sec. 4,
person to whom the warrant was issued and Rule 126, the Rules require the judge to comply
require him to explain why no return was made. with a specific procedure in the conduct of the
examination of the complainant and the
If the return has been made, the judge shall witnesses he may produce [Sec. 5, Rule 126]:
ascertain whether Sec. 11, Rule 126, on giving or (1) The examination must be personally
receipts, has been complied with and shall conducted by the judge;
require that the property seized be delivered to (2) The examination must be in the form of
him. The judge shall see to it that delivery has searching questions and answers;
been complied with. (3) The complainant and the witnesses shall be
examined on those facts personally known to
The return on the search warrant shall be filed them;
and kept by the custodian of the log book on (4) The statements must be in writing and under
search warrants who shall enter therein the date oath; and
of the return, the result, and other actions of the (5) The sworn statements of the complainant and
judge [Sec. 12, Rule 126]. the witnesses, together with the affidavits
submitted, shall be attached to the record.
The court which issued the search warrant
acquires jurisdiction over the items seized under Searching Questions And Answers
the said warrant. Goods seized lawfully on the Searching questions are such questions which
basis of the said warrant or its accepted have the tendency to show the commission of a
exceptions are in custodia legis. Only that court crime and the perpetrator thereof [Luna v. Plaza,
which issued the warrant may order the release or G.R. No. 27511 (1968)].
disposition thereof. The jurisdiction, custody and
control of the court over the items seized cannot In search cases, the application must be
be interfered with. Custody lasts until the supported by substantial evidence:
institution of the appropriate criminal action with (1) That the items sought are in fact seizable by
the proper court [Tenorio v. CA, G.R. No. 110604 virtue of being connected with criminal
(2003)]. activity; and
(2) That the items will be found in the place to be
N.4. PROBABLE CAUSE (IN SEARCH searched [People v. Tuan, G.R. No. 176066
WARRANTS) (2010)].
Probable cause means such facts and
circumstances which would lead a reasonably A search warrant issued by a judge who did not
discreet and prudent man to believe that an ask searching questions but only leading ones
offense has been committed, and that objects and in a general manner is invalid [Uy v. BIR, G.R.
sought in connection with the offense are in the No. 129651 (2000)].
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Particularity Of Things To Be Seized


Although there is no hard-and-fast rule The scope of the search warrant is limited to
governing how a judge should conduct his personal property only. It does not issue for
investigation, it is axiomatic that the examination seizure of immovable properties.
must be probing and exhaustive, not merely
routinary, general, peripheral, perfunctory or pro GENERAL RULE: Things to be seized must be
forma. The judge must not simply rehash the described particularly. General search warrants
contents of the affidavit but must make his own are not allowed. Otherwise, the search and
inquiry on the intent and justification of the seizure of the items in the implementation of
application. [Yao v. People, G.R. No. 168306 such search warrant is illegal and the items
(2007)] seized are inadmissible in evidence [Sec. 2, Art. III,
Constitution].
A warrant not based on personal knowledge is
void. A general warrant is defined as "(a) search or
arrest warrant that is not particular as to the
Examination Under Oath person to be arrested or the property to be
The judge must examine under oath or seized." It is one that allows the "seizure of one
affirmation the complainant and the witness he
thing under a warrant describing another" and
may produce. Oath includes any form of
attestation by which a party signifies that he is gives the officer executing the warrant the
bound in conscience to perform an act faithfully discretion over which items to take.
and truthfully. Such discretion is abhorrent, as it makes the
person, against whom the warrant is issued,
The oath required must refer to the truth of facts vulnerable to abuses. Our Constitution
within the personal knowledge of the petitioner guarantees our right against unreasonable
or his witnesses [Alvarez v. CFI, G.R. No. L-45358 searches and seizures, and safeguards have been
(1937)].
put in place to ensure that people and their
properties are searched only for the most
Mere affidavits of the complainant or his
witnesses are not sufficient. The examining judge compelling and lawful reasons. (Worldwide Web
has to take depositions in writing of the Corporation v. People, G.R. No. 161106, January 13,
complaint or his witnesses, and attach the same 2014)
to the record [Prudente v. Judge Dayrit, G.R. No.
82870 (1989)]. Search warrants authorizing the seizure of books
of accounts and records “showing all the
N.6. PARTICULARITY OF PLACE TO BE business transactions” of certain persons,
SEARCHED AND THINGS TO BE SEIZED regardless of whether the transactions were legal
or illegal, are general warrants prohibited by law.
Warrant issued must particularly describe the
[Stonehill v. Diokno, G.R. No. L-19550 (1967)].
place to be searched and the things to be seized.
Likewise, a description of things to be seized as
Particularity Of Place To Be Searched
“subversive documents, propaganda materials,
Description of place to be searched is sufficient if FAs, printing paraphernalia and all other
the officer with the search warrant can, with subversive materials” hardly provided a definite
reasonable efforts, ascertain and identify the guideline to the executing officers [Dizon v. Castro
place intended [People v. Veloso, G.R. No. L- (1985)].
23051 (1925)].
Where the language used is too all-embracing as
An apparent typographical error will not to include all the paraphernalia of petitioner in
necessarily invalidate the search warrant, as long the operation of its business, the SW is
as the application contains the correct address constitutionally objectionable [Columbia Pictures
[Burgos v. Chief of Staff, G.R. No. L-64261 (1984)]. v. Flores, G.R. No. 78631 (1993)].

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EXCEPTIONS: (c) Anything which may constitute proof in the


Where, by the nature of the goods to be seized, commission of the offense [Sec. 13, Rule 126].
their description must be rather general, it is not
required that a technical description be given, for The arrest must precede the search; generally,
this would mean that no search warrant could the process cannot be reversed. Nevertheless, a
issue [People v. Rubio, G.R. No. L-35500 (1932)]. search substantially contemporaneous with an
arrest can precede the arrest as if the police have
The general description of the documents listed probable cause to make the arrest at the outset
in the search warrant does not render the it void of the search [Riano (2011)].
if it is severable, and those items not particularly
described may be cut off without destroying the The rule assumes that the arrest is legal. If the
whole [Uy v. BIR, G.R. No. 129651 (2000)]. arrest is illegal, then the search is illegal and as a
result, the things seized are inadmissible as
N.7. PERSONAL PROPERTY TO BE SEIZED evidence [People v. Aruta, G.R. No. 120195 (1998)].
What may be seized
(1) Personal property subject of the offense; The search is confined to his person, but as an
(2) Personal property stolen/embezzled and incident of an arrest, the place or premises where
other proceeds/fruits of the offense; the arrest was made can also be searched
(3) Personal property used or intended to be used without a search warrant. The extent and
as the means of committing an offense [Sec. 3, reasonableness of the search must be decided on
Rule 126]. its own facts and circumstances [Nolasco v. Paño,
G.R. No. L-69803 (1985)].
The rule does not require that the property to be
seized should be owned by the person against When an individual is lawfully arrested, he/she
whom the search warrant is directed. It is may be frisked for concealed weapons that may
sufficient that the person against whom the be used against the arresting officer and all
warrant is directed has control of possession of unlawful articles found in his person, or within his
the property sought to be seized [Burgos v. Chief immediate control, may be seized. [OCA v. Barron,
of Staff, G.R. No. L-64261 (1984)]. AM No. RTJ-98-1420 (1998)]

N.8. EXCEPTIONS TO THE SEARCH WARRANT Where a search is first undertaken, and an arrest
REQUIREMENT was effected based on evidence produced by such
search, both search and arrest are illegal [Lui v.
Matillano, G.R. No. 141176 (2004)].
1. Search Incidental to Lawful Arrest 2. Consented Search
2. Consented Search Jurisprudence requires that in case of consented
3. Search of a Moving Vehicle searches or waiver of the constitutional
4. Checkpoints; Body Checks in Airport guarantee against obtrusive searches, it must
5. Plain View first appear that:
6. Stop and Frisk (a) The right exists;
7. Enforcement of Customs Law (b) The person involved had knowledge, either
8. Other Exceptions actual or constructive, of the existence of
(a) Exigent and Emergency such right; and
Circumstances (c) The said person had an actual intention to
(b) Buy-Bust Operation relinquish the right [People v. Nuevas, G.R. No.
(c) Private Searches 170233 (2007)].
1. Search Incidental To Lawful Arrest
Consent to a search is not to be lightly inferred,
In a search incidental to an arrest, even without a but must be shown by clear and convincing
warrant, the person arrested may be searched evidence. It is the State which has the burden of
for: proving, by clear and positive testimony, that the
(a) Dangerous weapons; necessary consent was obtained and that it was
(b) Anything which may have been used in the freely and voluntarily given [Valdez v. People, G.R.
commission of an offense; or
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No. 170180 (2007)]. offender or the contents of the vehicles are


instruments or proceeds of some criminal offense.
A peaceful submission to a search or seizure is
not a consent or an invitation thereto, but is The search and seizure without warrant of vessel
merely a demonstration of regard for the and aircrafts for violation of customs laws has
supremacy of the law [People v. Nuevas, G.R. No. been a traditional exception to the requirement of
170233 (2007)]. search warrant [Roldan v. Arca, G.R. No. L-25434
(1975)].
Consented search is reasonable only if kept
within the bounds of the actual consent. A Nonetheless, in all cases falling under this
person’s consent may limit the extent/scope of a category, there must be a showing of a probable
warrantless search in the same way that the cause of a violation of the law [Caroll v. US (1924)].
specifications of a warrant limit the search
pursuant thereto. 4. Checkpoints; Body Checks In Airport
Searches conducted in checkpoints are valid as
Relevant to the determination of consent are the long as they are warranted by the exigencies of
following characteristics of the person giving public order and conducted in a way least
consent and the environment in which consent is intrusive to motorists.
given:
(1) The age of the defendant; Although the general rule is that motorists and
their vehicles as well as pedestrians passing
(2) Whether he was in a public or secluded
through checkpoints may only be subjected to a
location; routine inspection, vehicles may be stopped and
(3) Whether he objected to the search or passively extensively searched when there is probable
looked on; cause which justifies a reasonable belief of the
(4) The education and intelligence of the men at the checkpoints that either the motorist is
defendant; a law offender or the contents of the vehicle are
(5) The presence of coercive police procedures; or have been instruments of some offense.
[People v. Vinecario, G.R. No. 141137 (2004)].
(6) The defendant's belief that no incriminating
evidence will be found; Routine inspections are not regarded as violative
(7) The nature of the police questioning; of an individual’s right against unreasonable
(8) The environment in which the questioning search:
took place; and (a) Where the officer merely draws aside the
(9) The possibly vulnerable subjective state of the curtain of a vacant vehicle which is parked on
person consenting [Caballes v CA, G.R. No. the public fair grounds;
(b) Officer simply looks into a vehicle;
136292 (2002)]. (c) Officer flashes a light therein without opening
car’s doors;
3. Search Of A Moving Vehicle (d) Occupants not subjected to a physical search;
Rationale (e) Inspection is limited to usual search or
Peace officers may lawfully conduct searches of inspection; or
moving vehicles without need of a warrant as it is (f) Routine check is conducted in a fixed area
impracticable to secure a judicial warrant before [People v. CA (2002)].
searching a vehicle since it can be quickly moved 5. Plain View Situation
out of the locality or jurisdiction in which the Requisites
warrant may be sought [People v. Tuazon, G.R. No. (a) A prior valid intrusion i.e., based on the valid
175783 (2007)]. warrantless arrest in which the police are
legally present in the pursuit of their official
However, these searches would be limited to duties;
visual inspection and the vehicles or their (b) Evidence was inadvertently discovered by the
occupants cannot be subjected to physical or police who have a right to be where they are;
body searches, except where there is probable (c) Evidence must be immediately and apparently
cause to believe that the occupant is a law illegal (i.e., drug paraphernalia);
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(d) Plain view justified mere seizure of evidence Probable cause is not required to conduct a “stop
without further search [People v. Valdez and frisk” but mere suspicion or hunch will not
(1999)]. validate a “stop and frisk”, there must be a
genuine reason to serve the purpose of the
Limitations exception.
(a) It may not be used to launch unbridled
searches and indiscriminate seizures. The test is whether or not there is a reasonable
(b) It does not extend to a general exploratory belief based on genuine reason and in the light of
search made solely to find evidence of the officer’s experience and the surrounding
defendant’s guilt [People v. Musa, G.R. No. circumstances, that a crime has either taken
96177 (1993)]. place or is about to take place and the person to
be stopped is armed and dangerous. (Malacat v.
The doctrine is usually applied where a police CA)
officer is not searching for evidence against the
accused, but nonetheless inadvertently comes "Stop and frisk" searches are also conducted to
across an incriminating object. prevent the occurrence of a crime and should be
used when dealing with a rapidly unfolding and
Even if an object is in plain view, before it can be potentially criminal situation in the city streets
seized without a search warrant, its incriminating where unarguably there is no time to secure a
nature must first be apparent.
search warrant [Manalili v. CA, G.R. No. 113447
(1997)]
Where police officers are on the premises
pursuant to a valid consent to a search, an item
falling into their plain view may properly be 7. Enforcement Of Customs Law
seized even if the item is not connected with their For the enforcement of customs duties and tariff
purpose in entering as long as its doscovery was laws, the Collector of Customs is authorized to
inadvertent and the item was incriminating. effect searches and seizure [General Travel
(United Laboratories v. Isip, G.R. No. 163858, Services v. David, G.R. No. L-19259 (1966)].
June 28, 2005)
The Tariff Code authorizes customs officers to:
6. Stop And Frisk Situation (a) Enter, pass through or search any land,
Stop and frisk is a limited protective search of enclosure, warehouse;
outer clothing for weapon [Malacat v. CA, G.R. No. (b) Inspect/search/examine any vessel or aircraft
123595 (1997)]. and any trunk/package/box/envelope or any
person on board, or stop and examine any
vehicle/beast/person suspected of
Where a police officer observes unusual conduct,
holding/conveying any dutiable/prohibited
which leads him reasonably to conclude in the
article introduced into the Philippines contrary
light of his experience that criminal activity may
to law.
be afoot, and that a person with whom he is
dealing may be armed and presently dangerous,
he is entitled to conduct a stop and frisk search. GENERAL RULE: The Tariff and Customs Code
does not require a warrant for such searches.
Where in the course of investigating this behavior
he identifies himself as a policeman and makes EXCEPTION: In the search of a dwelling house, a
reasonable inquiry, and where nothing in the search warrant is required.
initial stage of the encounter serves to dispel his
reasonable fear for his own or others’ safety, he is 8. Other Exceptions
entitled for the protection of himself and others
in the area to conduct a carefully limited search Exigent And Emergency Circumstances
of outer clothing of such persons in an attempt to In one case, there was a prevailing general chaos
discover weapons which might be used to assault and disorder because of an ongoing coup, and
him [Terry v. Ohio (1968)]. the raid of the office/building was precipitated by
an intelligence report that said office was being
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used as HQ by the RAM. Also, the surveillance 3. File A Motion To Quash The Illegal Warrant
team before the raid was fired upon by the people This remedy is employed if search is not yet
inside. The raiding team had no opportunity to conducted.
apply for warrant as the court then was closed
[People v. de Gracia, G.R. Nos. 102009-10 (1994)]. Who may file
(1) Person who will potentially be injured;
Buy-Bust Operation (2) Person to be searched;
This is a form of entrapment legally employed by (3) Owner of the property to be searched.
peace officers as an effective way of
apprehending drug dealers in committing an Where to file
offense. There is no need for a search warrant (or GENERAL RULE: Motions to quash a search
warrant of arrest) because the accused is caught warrant and/or to suppress evidence obtained
in flagrante delicto. thereby may be filed in and acted upon only by
the court where the action has been instituted.
Private Searches
In one case, the evidence was obtained by a If no criminal action has been instituted, motion
private person acting in a private capacity, while may be filed in and resolved by the court that
performing company standard operating issued the warrant.
procedures and without state participation and
intervention. It was held that the constitutional If such court failed to resolve the motion, and a
rights cannot be invoked when there is no criminal case is subsequently filed in another
government interference [People v. Marti, G.R. No. court, the motion shall be resolved by the latter
81561 (1991)]. court. [Sec. 14, Rule 126]

N.8.1. REMEDIES FROM UNLAWFUL SEARCH Grounds


AND SEIZURE The following may be raised in the MTQ:
(1) Absence of probable cause at the time of the
Who May Avail issuance of the search warrant;
Only the party whose rights have been impaired (2) Non-compliance with substantive and
thereby; the objection to an unlawful search and procedural requisites, such as:
seizure is purely personal and cannot be availed (a) No personal examination by the judge;
of by third parties [Stonehill v. Diokno, G.R. No. L- (b) More than one specific offense;
19550 (1967); Santos v. Pryce Gases Inc., G.R. No. (c) No particular description [Bache & Co. v. Ruiz,
165122 (2007)]. G.R. No. L-32409 (1971)].

Remedies These may also be raised in the criminal action as


matters of defense [DOH v. Sy Chi Siong (1989)].
1. Employ Any Means To Prevent The Search
Without a search warrant, the officer cannot insist
Failure to file motion to quash
on entering a citizen’s premises. If he does so, he
becomes an ordinary intruder. Where no MTQ the search warrant was filed in or
resolved by the issuing court, the interested party
The person to be searched may resist the search may move in the court where the criminal case is
pending for the suppression of the personal
and employ any means necessary to prevent it,
property seized if the same is offered therein as
without incurring any criminal liability [People v.
evidence [Malaloan v. CA, G.R. No. 104879
Chan Fook, G.R. No. L-16968 (1921)].
(1994)]
2. File Criminal Action Against Officer
The MTQ and Motion to Suppress Evidence are
A public officer/employee who procures a search alternative, not cumulative remedies.
warrant without just cause is criminally liable
under Art. 129, RPC, on search warrants
maliciously obtained and abuse in the service of 5. File A Motion To Return Things Seized
those legally obtained. This is the remedy used if the search was already
conducted and goods were seized as a
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consequence thereof. uses unnecessary severity of force;


(3) Conducting the search without the required
Where the motion will be filed follows the same witnesses.
rules as in a motion to quash.
The judge may be held liable for:
An accused may file a motion to suppress (1) Knowingly rendering an unjust interlocutory
evidence if he is not among the persons who can order;
file a motion to quash. (2) Inexcusable negligence or ignorance.

GENERAL RULE: Goods seized by virtue of an It may also result in civil liability for:
illegal warrant must be returned. (1) Violation of rights and liberties [Art. 32(9),
Civil Code];
EXCEPTION: If possession of the things seized is (2) Malicious prosecution and acts referred to Art.
prohibited by law, they should not be returned 32 [Art. 2218, Civil Code].
[Castro v. Pabalan, G.R. No. L-28642 (1976)].
Malice or bad faith is not required.
Where the accused obtained goods from another
through payment of bouncing checks and Not only official actions, but all persons who are
thereafter sold said goods to a buyer in good faith, responsible for the violation are liable for
but said goods were taken from the purchaser damages [MHP Garments v. CA, G.R. No. 86720
with the use of a search warrant although the (1994)].
criminal case for estafa against the accused was
still pending, the goods should be returned to the Waiver Of Immunity Against Unreasonable Search
buyer. The buyer is entitled to possession of And Seizure
goods until restitution is ordered by the court in The constitutional immunity against
the criminal case [Yu v. Honrado, G.R. No. 50025 unreasonable searches and seizure is a personal
(1980)]. right that may be waived expressly/impliedly only
by the person whose right is being invaded or one
6. Motion To Suppress Evidence who is expressly authorized to do so in his behalf
This refers to a motion to suppress as evidence [Pasion v. Locsin, G.R. No. L-45950 (1938)].
the objects illegally taken pursuant to the
exclusionary rule, which states that any evidence Requisites:
obtained through unreasonable searches and (1) It must appear that the right exists;
seizures shall be inadmissible for any purpose in (2) That the person involved had knowledge,
any proceeding. (actual or constructive) of the existence of
such right;
Civil And Criminal Liability From Unreasonable (3) That the person had an actual intention to
Search And Seizure relinquish the right.
The following offenses may result from
unreasonable search and seizure:
(1) Violation of domicile [Art. 128, RPC]; O. PROVISIONAL REMEDIES
(2) Search warrant maliciously obtained [Art. 129, O.1. NATURE
RPC];
(3) Searching domicile without witnesses [Art. Provisional remedies in civil actions, insofar as
130, RPC]; they are applicable, may be availed of in
(4) Unjust interlocutory order [Art. 206, RPC]. connection with the civil action deemed instituted
with the criminal action [Sec. 1, Rule 127].
The public officer or employee may be held liable
for: Where the civil action has actually been instituted,
(1) Entering without authority; against the will; or proceeded independently of the criminal
refuses to leave; action, these provisional remedies cannot be
(2) A search warrant procured without just cause availed of in the criminal action but may be
or if with just cause, exceeds his authority or applied for in the separate civil action. [Regalado
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(2010)] (d) When the accused resides outside the


Philippines [Sec. 2, Rule 127].
If the civil action is suspended on account of filing
of the criminal action, the court with which the Issuance and implementation
civil case is filed is not thereby deprived of its The writ may be issued ex parte before acquisition
authority to issue auxiliary writs that do not go of jurisdiction over the accused.
into the merits of the case [Ramcar, Inc v. de Leon,
G.R. No. L-1329 (1947)]. However, it may be enforced only after
acquisition of jurisdiction over the person of the
Provisional remedies are not available when: accused [Gonzalez v. State Properties, G.R. No.
(1) Offended party has waived the civil claim; 140765 (2001)].
(2) Offended party has reserved the civil claim;
(3) Offended party has already instituted a A public prosecutor has the authority to apply for
separate civil action; preliminary attachment to protect the interest of
(4) Criminal action carries with it no civil liability.
the offended party. (Santos v. Judge Flores, G.R.
No. L-18251 & L-18252)
O.2. KINDS OF PROVISIONAL REMEDIES
In General No notice to the adverse party, or hearing on the
Reference to provisional remedies in Sec. 1, Rule application is required before a writ of
127 is made in general terms, hence preliminary preliminary attachment may issue as a hearing
injunction, preliminary attachment, receivership, would defeat the purpose of the provisional
replevin or support pendent lite may be availed of remedy. The time which such hearing would take
[Riano, Criminal Procedure (2011)]. could be enough to enable the defendant to
abscond or dispose of his property before a writ of
However, only preliminary attachment is attachment may issue [Mindanao Savings and
provided for under the same rule. Loan Assoc. v. CA, G.R. No. 84481 (1989)].

The accused may present evidence to prove his Ii. Injunction


defense and damages, if any, arising from the
issuance of a provisional remedy in the case [Sec. GENERAL RULE: Criminal prosecution may not
11(b), Rule 119]. be stayed or restrained by injunction, preliminary
or final.
I. Preliminary Attachment
EXCEPTIONS
When proper a. To afford adequate protection to the
When the civil action is properly instituted in the constitutional rights of the accused;
criminal action, the offended party may have the b. When necessary for the orderly
property of the accused attached as security for administration of justice or to avoid
the satisfaction of any judgment that may be oppression or multiplicity of actions;
recovered from the accused in the following c. When there is a pre-judicial question which is
cases: sub judice;
(a) When the accused is about to abscond from d. When the acts of the officer are without or in
the Philippines excess of authority;
(b) When the criminal action is based on a claim e. Where the prosecution is under an invalid law,
for money or property embezzled or ordinance or regulation;
fraudulently misapplied or converted to the f. When double jeopardy is clearly apparent;
use of the accused who is a public/corporate g. Where the court has no jurisdiction over the
officer, attorney, factor, broker, agent or clerk, offense;
in the course of his employment as such, or by h. Where it is a case of persecution rather than
any other person in a fiduciary capacity, or for prosecution;
a willful violation of duty i. Where the charges are manifestly false and
(c) When the accused has concealed, removed or motivated by the lust for vengeance;
disposed of his property, or is about to do so j. When there is clearly no prima facie case

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against the accused and a motion to quash unlawful arrest of petitioners [Brocka v. Enrile,
on that ground has been denied, and G.R. No. 69863, (1990)]
k. Preliminary injunction has been issued by the
Supreme Court to prevent the threatened

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REMEDIAL LAW
EVIDENCE

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VI. EVIDENCE special rules are laid down in EO 292, series of


1987 [Revised Administrative Code], etc.
A. GENERAL PRINCIPLES
Administrative investigations shall be conducted
A.1. CONCEPT OF EVIDENCE without necessarily adhering strictly to the
technical rules of procedure and evidence
The means, sanctioned by these rules, of
applicable to judicial proceedings [Dela Cruz v.
ascertaining in a judicial proceeding, the truth
Malunao, AM No P-11-3019 (2012))
respecting a matter of fact [Sec. 1, Rule 128]
Judicial Proceedings [Sec. 3, Rule 1]
A.2. SCOPE OF THE RULES OF EVIDENCE
(1) Civil – includes special civil actions
[Sec. 2, Rule 128] (2) Criminal
(3) Special Proceeding
GENERAL RULE: Principle of uniformity
The rules of evidence shall be the same in all NOTE: Disbarment is not included as it is an
courts and in all trials and hearings. exercise of the judiciary’s quasi-executive powers.

EXCEPTIONS: Source
If otherwise provided by: The Rules of Court are not the only source of rules
(1) Law [e.g. 1987 Constitution, statutes] that apply to judicial proceedings (e.g. court
(2) Rules of Court issuances, constitutional provisions with
(3) SC issuances [e.g., Judicial Affidavit Rule, exclusionary rule implications, etc).
Rules on Procedure for Environmental Cases,
Child Witness Rule, Rules on Electronic A.3. EVIDENCE IN CIVIL CASES VERSUS
Evidence, Rules on DNA Evidence] EVIDENCE IN CRIMINAL CASES
(4) Jurisprudence [e.g., Star Two v. Ko, G.R. No.
185454 (2011), where evidence was presented In Civil Cases In Criminal Cases
to support a MR of the denial of an MTD but Preponderance of Proof beyond reasonable
the adverse party failed to attend the hearing evidence doubt [Sec. 2, Rule 133]
for their reception. The evidence not formally [Sec. 1, Rule 133]
offered was considered when it had been Offer of compromise EXCEPT for quasi-
identified by testimony, duly recorded and it NOT an admission of offenses or those allowed
had been incorporation in the records of the any liability by law to be
case.] [Sec. 27, Rule 130] compromised, offer of
compromise by the
Applicability accused may be received
Under the Rules of Court, the rules of evidence in evidence as an implied
are specifically applicable only to judicial admission of guilt.
proceedings. [Sec. 1, Rule 128] Exceptions:
(1) Sec 204, RA 8424
In quasi-judicial proceedings, the same apply by
Tax Reform Act of
analogy or suppletorily AND whenever
1997, which
practicable and convenient [Sec. 4, Rule 1], except
provides that
in cases where the governing law or rules specify
payment of any
otherwise, e.g., the Rules on Electronic Evidence
internal revenue tax
covers quasi-judicial and administrative bodies
and all criminal
[Sec. 2, Rule 1, Rules on Electronic Evidence];
violations may be
compromised,
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except those injury is NOT admissible as proof of criminal or


already filed in civil liability for the injury. [Sec. 27, Rule 130]
Court and those
involving fraud. A.4. PROOF VERSUS EVIDENCE
(2) In rape cases, an Proof Evidence
offer of marriage is
Result or effect Mode and manner of proving
tantamount to an
of evidence competent facts in judicial
offer of compromise
[Regalado] proceedings [Bustos v. Lucero,
because, by virtue of
G.R. No. L-2068, (1948)]
the amendment of
Art. 266-C (Effect of
Pardon) of the RPC A.5. FACTUM PROBANS VERSUS FACTUM
PROBANDUM
by RA 8353, the
subsequent valid Factum Probans Factum Probandum
marriage of the
Facts or material The proposition to be
accused & the
evidencing the established
offended party
proposition
extinguishes
criminal liability. The evidentiary fact The ultimate fact
Hence where the tending to prove the fact sought to be
marriage does not in issue established
take place or is
subsequently Classes Of Evidence According To Form
declared to be void (1) Object - those addressed to the senses of the
ab initio, the offer of court. [Sec. 1, Rule 130]
marriage becomes (2) Documentary - consists of writings or any
admissible as an material containing letters, words, numbers,
implied admission figures, symbols or other modes of written
of guilt. expressions offered as proof of their contents
[Sec. 2, Rule 130]
A plea of guilty later (3) Testimonial - evidence elicited from the mouth
withdrawn or an of a witness [Riano, citing Black’s Law
unaccepted offer of a Dictionary]. It involves two levels of
plea of guilty to a lesser perception: that of the witness perceiving the
offense, is not admissible event, and that of the judge evaluating the
in evidence against the witness.
accused who made the
plea or offer [Sec. 27, There is no hierarchy with respect to the physical
Rule 130] forms of evidence. A fact may be proved by any
kind; the court may admit. There is no rule (in
Presumption of Presumption of
general) that prefers one form rule as against
innocence does NOT innocence a
another. [Adzuara v. Court of Appeals, G.R. No.
apply constitutional guarantee
125134 (1999)]
on the accused [Sec. 14,
Art. III]
Cumulative And Corroborative Evidence
Cumulative Corroborative
An offer to pay or the payment of medical,
Evidence Evidence
hospital or other expenses occasioned by an
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Evidence of the same Additional evidence of a [PNOC Shipping and Transport Corporation v. CA,
kind and character as different kind and G.R. No. 107518 (1998)]
that already given, character as that already
and tends to prove given, and tends to prove A.6.1. Requisites for Admissibility
the same proposition the same factum (1) Relevant to the issue; and
probandum (2) Competent i.e. not excluded by law or the ROC.
[Sec. 3, Rule 128]
Prima Facie And Conclusive Evidence
The Importance Of Offer And Objection In
Prima Facie Conclusive Relation To Admissibility
Standing alone, Class of evidence Admissibility is determined at the time the
unexplained or which the law does evidence is offered to the court. Therefore, offer of
uncontradicted, is not allow to be evidence is an important part before courts can
sufficient to maintain the contradicted rule on their admissibility.
proposition affirmed
e.g. Torrens title Every objection to the admissibility of evidence
e.g. Police blotter shall be made at the time such evidence is offered,
or as soon thereafter as the objection to its
Primary And Secondary Evidence admissibility have become apparent, otherwise
the objection shall be considered waived.
Primary Secondary
[Abrenica v. Gonda, G.R. No. L-10100 (1916)]
Best evidence Substitutionary evidence
That which the law Inferior to primary; [Secs. 35-37, Rule 132]
regards as affording permitted only when the Form When objection made
the greatest certainty best evidence is not Testimonial Objection to the qualification of the
of the fact in question available evidence witness must be made at the time he is
called to the stand, which is when the offer
NOTE: The Best Evidence Rule is a rule of of testimonial evidence is made (orally)
exclusion and it is not the same as the
classification that refers to the best evidence to Objections to parts of testimony should be
prove a fact in issue. raised when the objectionable question is
asked or after the answer was given if the
Example objectionable feature became apparent
The failure to present a single official receipt to by reason of such answer (also orally)
prove payment is contrary to the rule that a Object or real Either:
receipt, which is a written and signed evidence (1) At the time it is presented in ocular
acknowledgment that money and goods have inspection or demonstration, or
been delivered, is the best evidence of the fact of (2) When it is formally offered
payment although not exclusive. [Vitarich v. Losin, Documentary At the time it is formally offered
G.R. 181560 (2010)] evidence

A.6. ADMISSIBILITY OF EVIDENCE A.6.2. Relevance Of Evidence And Collateral


Matters
Admissibility of evidence refers to the question of
whether or not the circumstance (or evidence) is Relevancy
to be considered at all. On the other hand, the Evidence is relevant when it has “such a relation
probative value of evidence refers to the question to the fact in issue as to induce belief in its
of whether or not it proves an issue.
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existence or non-existence”. [Sec. 4, Rule 128] offered, provided it satisfies all the requisites of
e.g., Evidence as to the age of a person who has law for its admissibility therefor. [Regalado]
been raped is relevant in a situation where the
age would qualify the offence to statutory rape A.6.4. Conditional Admissibility
Where the evidence at the time of its offer
Determinable by the rules of logic and human appears to be immaterial or irrelevant unless it is
experience. connected with the other facts to be subsequently
proved, such evidence may be received, on
Collateral matters condition that the other facts will be proved
Matters other than the fact in issue which are thereafter; otherwise, the evidence already given
offered as a basis for inference as to the existence shall be stricken out. [Regalado]
or non-existence of the facts in issue [Regalado]
A.6.5. Curative Admissibility
GENERAL RULE: Evidence on collateral matters Where the court has admitted incompetent
is NOT allowed. [Sec. 4, Rule 128] evidence adduced by the adverse party, a party
has a right to introduce the same kind of evidence
EXCEPTION: When it tends in any reasonable in his/her behalf. [Regalado]
degree to establish the probability or
improbability of the fact in issue. [Sec. 4, Rule What determines the rule of curative admissibility
128] (1) Whether the incompetent evidence was
seasonably objected to - Lack of objection to
NOTE: What is prohibited by the Rules is not
incompetent evidence constitutes waiver on
evidence of all collateral matters, but evidence of the part of the party against whom it was
irrelevant collateral facts. [Regalado]
introduced but the opposing party is not
deprived of his right to similar rebutting
Example
In an administrative case for sexual harassment, evidence; and
the respondent did not offer evidence that has a (2) Whether the admission of such evidence will
bearing on the complainant’s chastity. What he cause a plain and unfair prejudice to the party
presented are different charges for unrelated against whom it was admitted [Regalado]
filed against her. These pieces of evidence do not
establish the probability or improbability of the A.6.6. Direct And Circumstantial Evidence
offense charged. Credibility means the Direct Evidence Circumstantial Evidence
disposition and intention to tell the truth in the Proves the fact in Proof of a fact/s from which,
testimony given. It refers to a person’s integrity, dispute without taken either singly or
and to the fact that he is worthy of belief. [Civil the aid of any collectively, the existence of
Service Commission v. Belagan, G.R. No. 132164 inference or a particular fact in dispute
(2004)] presumption may be inferred as a
necessary or probable
NOTE: The court in this case had discussed Sec. consequence
51(a), Rule 130 in relation to relevance and stated
that the question of a witness’ credibility should Circumstantial evidence is the evidence of
be referred to Sec. 11, Rule 132. collateral facts or circumstances from which an
inference may be drawn as to the probability or
A.6.3. Multiple Admissibility
improbability of the fact in dispute. They are
Where the evidence is relevant and competent for
evidence of relevant collateral facts. [Regalado]
two or more purposes, such evidence shall be
admitted for any or all the purposes for which it is

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Requisites to warrant a conviction based on inadmissible as evidence in court until the


circumstantial evidence: (1) there is more than requisite stamp/s shall have been affixed
one circumstance; (2) the facts from which the thereto and cancelled [Sec. 201, NIRC]; any
inferences are derived are proven; and (3) the communication obtained by a person, not
combination of all the circumstances is such as to being authorized by all the parties to any
produce conviction beyond reasonable doubt. private communication, by tapping any
The totality of the evidence must constitute an wire/cable or using any other
unbroken chain showing the guilt of the accused device/arrangement to secretly
beyond reasonable doubt. [People v. Matito, G.R. overhear/intercept/record such information
No. 144405 (2004)] by using any device, shall not be admissible in
evidence in any judicial/quasi-
NOTE: Circumstantial evidence is not a weaker judicial/legislative/administrative hearing or
form of evidence vis-a-vis direct evidence. investigation. [Secs. 1 and 4, RA 4200 (Wire-
Tapping Act)]
A.6.7. Positive And Negative Evidence
(3) Under the ROC, Rule 130 is the applicable rule
Positive Evidence Negative Evidence in determining the admissibility of evidence.
Witness affirms Witness states he/she did (4) Court issuances (examples)
that a fact did or not see or know of the (a) Rule on Electronic Evidence, e.g.
did not occur occurrence of a fact compliance with authentication
requirements for electronic evidence
A.6.8. Competent And Credible Evidence (b) Child Witness Rule, e.g. sexual abuse
shield rule
Competence (c) Judicial Affidavit Rule
Evidence is competent when it is not excluded by
(i) law or (ii) the ROC [Sec. 3, Rule 128]
Competence Credibility
Determined by the prevailing exclusionary rules Eligibility of evidence to Worthiness of belief;
of evidence [Regalado] be received as such “believability”

NOTE: Exclusionary rules may affect due process. NOTE: Credibility does not, per se, exclude. It only
To the extent that they might prejudice does in so far as it makes the piece of evidence
substantive rights, therefore, they cannot be irrelavant to the fact in issue. (e.g. the cross-
made to apply retroactively. examination of a witness is primarily about his
credibility)
EXCLUSIONARY RULES OF EVIDENCE
(1) Constitutional exclusionary rules A.7. BURDEN OF PROOF AND BURDEN OF
Unreasonable searches and seizures [Sec. 2, EVIDENCE
Art. III]; privacy of communication and Burden of proof is the duty of a party to present
correspondence [Sec. 3, Art. III]; right to evidence on the facts in issue necessary to
counsel, prohibition on torture, force, violence, establish his/her claim or defense by the amount
threat, intimidation or other means which of evidence required by law. [Sec. 1, Rule 131]
vitiate the free will; prohibition on secret
detention places, solitary, incommunicado In civil cases, the quantum of evidence required to
[Sec. 12, Art. III]; right against self- sustain the proponent of an issue is
incrimination [Sec. 17, Art. III] preponderance of evidence. The burden of proof
(2) Statutory exclusionary rules is on the party who would be defeated if no
Lack of documentary stamp tax to documents evidence were given in either side, the plaintiff
required to have one makes such document with respect to his complaint, the defendant with
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respect to his counterclaim, and the cross- In a case for collection of a sum of money, if the
claimant, with respect to his cross-claim. defendant asserts that she has paid, then she has
the burden of proving that she had, not on the
In criminal cases: creditor that she had not. While the creditor had
• For the issuance of warrant of arrest - evidence needed to prove the existence of a debt, the
of probable cause that there exist a burden shifts to the debtor because she alleged
reasonable ground that the accused has an affirmative defense, which admits the
committed an offense [Algas v. Garrido, AM No. creditor’s allegation. [Vitarich v. Losin, G.R. No.
289-MJ, (1974)) 181560 (2010)]
• To warrant the filing of an information – if
there is sufficient ground to engender a well- Burden of Proof Burden of Evidence
founded belief that a crime has been
Does not shift Shifts from party to party
committed and the respondent is probably
throughout the depending upon the exigencies
guilty thereof, and should be held for trial [Sec.
trial of the case in the course of the
1, Rule 112]
trial”
• To sustain a conviction - evidence of guilt
beyond reasonable doubt. Generally Generally determined by the
• To deny bail when discretionary – when the determined by developments at the trial, or by
evidence of guilt is strong the pleadings the provisions of substantive
• To accept a plea of guilty to a capital offense filed by the law or procedural rules which
– that the accused voluntarily and fully party may relieve the party from
comprehended the consequences of his plea presenting evidence on the fact
[Sec. 3, Rule 116] alleged (presumptions, judicial
notice and admissions)
• To grant demurrer to evidence – the evidence
is insufficient to sustain a conviction [Sec. 23,
Rule 119] Equipoise Rule Or Equipoise Doctrine
The doctrine refers to the situation where the
The burden of proof rests on the prosecution. evidence of the parties are evenly balanced or
there is doubt on which side the evidence
A party will have the burden of evidence only (i.e., preponderates. In this case, the decision should
will have to be a proponent) if there is any factum be against the party with the burden of proof.
probandum (whether evidentiary or otherwise) [Rivera v. CA, GR No. 115625 (1998); Marubeni v.
that the adverse party has already established Lirag, GR No. 130998, (2001)]
(whether by law, rule, or by virtue of evidence that
he has presented) that he (the potential In criminal cases, the equipoise rule provides that
proponent) has to overcome. That factum where the evidence is evenly balanced, the
probandum may, but does not have to be, nor is constitutional presumption of innocence tilts the
limited to a "prima facie presumption." Likewise, scales in favor of the accused. [Malana v. People,
a party will not have any burden of evidence at all G.R. No. 173612, (2008)]
if the adverse party has not established any
factum probandum in the first place [Prof. Avena]. A.8. PRESUMPTIONS
Conclusive Disputable
In both civil and criminal cases, the burden of
evidence lies with the party who asserts an Inferences which the law Satisfactory if
affirmative allegation. [Regalado] makes so peremptory uncontradicted, but
that it will not allow may be contradicted
Example them to be overturned and overcome by
by any contrary proof
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however strong [Datalift other evidence. [Sec. (3) Person intends the ordinary consequences of
Movers v. Belgravia 3, Rule 131] his voluntary act;
Realty, G.R. No. 144268 (4) Person takes ordinary care of his concerns;
(2006)] (5) Evidence willfully suppressed would be
adverse if produced;
A.8.1. Conclusive Presumptions [Sec. 2, Rule 131]: (6) Money paid by one to another was due to the
(1) A party is not permitted falsify a thing if: latter;
(a) By his own declaration, act or omission; (7) Thing delivered by one to another belonged to
(b) He intentionally and deliberately led the latter;
another to believe a particular thing is true; (8) Obligation delivered up to the debtor has been
(c) To act upon such belief; and paid;
(d) The litigation arises out of such declaration (9) Prior rents or installments had been paid
act or omission. when a receipt for the later ones is produced;
(2) A tenant is not permitted to deny the title of (10) A person found in possession of a thing
his landlord at the time of the commencement taken in the doing of a recent wrongful act is
of the relation of landlord and tenant between the taker and doer of the whole act; otherwise,
them. that things which a person possesses or
exercises acts of ownership over are owned by
These conclusive presumptions are based upon him;
the doctrine of estoppel in pais under the Civil (11)Person in possession of an order on himself for
Code. [Regalado] the payment of the money or the delivery of
anything has paid the money or delivered the
Once a contract of lease is shown to exist thing accordingly;
between the parties, the lessee cannot by any (12) Person acting in public office was
proof, however strong, overturn the conclusive regularly appointed or elected to it;
presumption that the lessor has a valid title to or (13) Official duty has been regularly
a better right of possession to the subject performed;
premises than the lessee. [Santos v. National (14) A court or judge acting as such, whether
Statistics Office., G.R. No. 171129, (2011)] in the Philippines or elsewhere, was acting in
the lawful exercise of jurisdiction;
What a tenant is estopped from denying is the (15) All the matters within an issue raised in a
title of his landlord at the time of the case were laid before the court and passed
commencement of the landlord-tenant relation. upon by it; all matters within an issue raised in
If the title asserted is one that is alleged to have a dispute submitted for arbitration were laid
been acquired subsequent to the before arbitrators and passed upon by them;
commencement of that relation, the presumption (16) Private transactions have been fair and
will not apply. Hence, the tenant may show that regular;
the landlord's title has expired or been conveyed (17) Ordinary course of business has been
to another or himself; and he is not estopped to followed;
deny a claim for rent, if he has been ousted or (18) There was a sufficient consideration for a
evicted by title paramount. [Ermitaño v Paglas, contract;
G.R. No. 174436 (2013)] (19) Negotiable instrument was given or
indorsed for a sufficient consideration;
A.8.2. Disputable Presumptions (20) An indorsement of negotiable instrument
[Sec. 3, Rule 131] was made before the instrument was overdue
(1) Person is innocent of a crime or wrong; and at the place where the instrument is
(2) Unlawful act is done with an unlawful intent; dated;

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(21) A writing is truly dated; obtained by their joint efforts, work or


(22) Letter duly directed and mailed was industry;
received in the regular course of the mail; (27) In cases of cohabitation by a man and a
(23) Presumptions concerning absence: woman who are not capacitated to marry each
(a) Ordinary but continued absence of: other and who have acquired property
(i) 7 years, it being unknown WON the through their actual joint contribution of
absentee still lives, he is considered money, property or industry, such
dead for all purposes, except for contributions and their corresponding shares
those of succession including joint deposits of money and
(ii) 10 years—the absentee shall be evidences of credit are equal;
considered dead for the purpose of (28) Presumptions governing children of
opening his succession; but if he women who contracted another marriage
disappeared after the age of 75 years, within 300 days after termination of her
an absence of 5 years shall be former marriage (in the absence of proof to the
sufficient to open his succession contrary): acquiesced in was conformable to
(iii) 4 consecutive years—the spouse the law/fact;
present may contract a subsequent (29) Things have happened according to the
marriage if s/he has a well-founded ordinary course of nature and ordinary nature
belief that the absent spouse is habits of life;
already dead; but where there is
danger of death, an absence of only When Child was
2 years shall be sufficient for Presumption
Born
remarriage
Before 180 days Considered to have been
(b) Qualified absence
after the conceived during the
(i) A person on board a vessel lost
solemnization of former marriage, provided
during a sea voyage, or an aircraft
the subsequent it be born within 300 days
which is missing, who has not been
marriage after the termination of the
heard of for 4 years since the loss of
former marriage
the vessel or aircraft
(ii) A member of the armed forces who After 180 days Considered to have been
has taken part in armed hostilities, following the conceived during the
and has been missing for 4 years celebration of the subsequent marriage, even
(iii) A person who has been in danger of subsequent though it be born within the
death under other circumstances marriage 300 days after the
and whose existence has not been termination of the former
known for 4 years marriage.
(24) Acquiescence resulted from a belief that (30) A thing once proved to exist continues as
the thing Persons acting as co-partners have long as is usual with things of the nature;
entered into a contract of co-partnership; (31) The law has been obeyed;
(25) A man and woman deporting themselves (32) A printed/published book, purporting to
as husband and wife have entered into a be printed/published by public authority, was
lawful contract of marriage; so printed/published;
(26) Property acquired by a man and a woman (33) A printed/published book, purporting to
who are capacitated to marry each other and contain reports of cases adjudged in tribunals
who live exclusively with each other as of the country where the book is published,
husband and wife without the benefit of contains correct reports of such cases;
marriage or under a void marriage, has been (34) A trustee or other person whose duty it
was to convey real property to a particular
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person has actually conveyed it to him when even despite the request of the trial court for it to
such presumption is necessary to perfect the produce its copy of the Contract. Normal
title of such person or his successor in interest; business practice dictates that MCMP should
(35) Presumptions regarding survivorship: have asked for and retained a copy of their
(Applicable for all purposes except agreement. Thus, MCMP's failure to present the
succession) same and even explain its failure gives rise to the
(a) When 2 persons perish in the same disputable presumption adverse to MCMP that
calamity, "evidence willfully suppressed would be adverse
(b) It is not shown who died first, if produced. [MCMP Construction v. Monark
(c) There are no particular circumstances from Equipment, G.R. No. 201001 (2014)]
which it can be inferred,
(d) The survivorship is determined from the The adverse presumption of suppression of
probabilities resulting from the strength evidence is not applicable when:
and the age of the sexes: (1) The suppression is not willful;
(2) The evidence suppressed or withheld is merely
Person presumed to corroborative or cumulative;
Situation (3) The evidence is at the disposal of both parties;
have survived
and
Both < 15 y/o The older
(4) The suppression is an exercise of a privilege.
Both < 60 y/o The younger [Tarapen v. People, G.R. No. 173824 (2008)]
One < 15 y/o, The one < 15
the other > 60 y/o The presumption of regularity in the performance
of official duty obtains only when there is no
Both > 15 and < 60 y/o, of The male deviation from the regular performance of duty.
different sexes Where the official act in question is irregular on
Both > 15 and <60 y/o, of The older its face, no presumption of regularity can arise.
the same sex [People v. Casabuena, G.R. No. 186455 (2014)]
One < 15 or > 60 y/o, and The one between
the other between those those ages When there is gross disregard of the procedural
ages safeguards set forth in Republic Act No. 9165
(Comprehensive Dangerous Drugs Act of 2002),
(36) As between 2 or more persons called to
serious uncertainty is generated as to the identity
succeed each other: If there is a doubt as to
of the seized items that the prosecution
which of them died first, whoever alleges the
presented in evidence. Such doubt cannot be
death of one prior to the other, shall prove
remedied by merely invoking the presumption of
the same. In the absence of proof, they shall
regularity in the performance of official duties.
be considered to have died at the same time.
[People v. Lagahit, G.R. No. 200877 (2014)]
No presumption of legitimacy or illegitimacy
There is a disputable presumption that things
There is no presumption of legitimacy or
have happened according to the ordinary course
illegitimacy of a child born after three hundred
of nature and the ordinary habits of life. All of the
days following the dissolution of marriage or the
foregoing evidence, that a person with typical
separation of spouses. Whoever alleges the
Filipino features is abandoned in Catholic Church
legitimacy or illegitimacy of such child must
in a municipality where the population of the
prove his allegation. [Sec. 4, Rule 131]
Philippines is overwhelmingly Filipinos such that
there would be more than a 99% chance that a
MCMP contends that the Contract presented by
child born in the province would be a Filipino,
Monark is not the contract that they entered into.
would indicate more than ample probability if not
Yet, it has failed to present a copy of the Contract
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statistical certainty, that petitioner's parents are Bank of the Philippine Islands v. Reyes, G.R. No.
Filipinos. That probability and the evidence on 157177, (2008)]
which it is based are admissible under Rule 128,
Section 4 of the Revised Rules on Evidence. [Poe- In determining preponderance of evidence, the
Llamanzares v. COMELEC, G.R. No. 221697 (2016)] court may consider:
(1) All the facts and circumstances of the case;
A.9. LIBERAL CONSTRUCTION OF THE RULES (2) The witnesses’ manner of testifying, their
OF EVIDENCE intelligence, their means and opportunity of
Like all other provisions under the ROC, rules of knowing the facts to which they testify, the
evidence must be liberally construed. [Sec. 6, nature of the facts to which they testify, the
Rule 1] probability or improbability of their testimony,
their interest or want of interest, and also their
Rules on Electronic Evidence shall likewise be personal credibility so far as the same may
construed liberally. [Sec. 2, Rule 2, Rules on legitimately appear upon the trial;
Electronic Evidence] (3) Number of witnesses (although
preponderance is not necessarily with the
A.10. QUANTUM OF EVIDENCE (WEIGHT AND number of witnesses). [Sec. 1, Rule 133]
SUFFICIENCY OF EVIDENCE)
A.10.3. Substantial Evidence
A.10.1. Proof Beyond Reasonable Doubt Degree of evidence required in cases filed before
Applicable quantum of evidence in criminal cases. administrative or quasi-judicial bodies. [Sec. 5,
The accused is entitled to an acquittal if his guilt Rule 133]
is not shown beyond reasonable doubt. [Sec. 2,
Rule 133] Also applies to petitions under the Rule on the
Writ of Amparo. [Sec. 17, Rule on the Writ of
It does not mean such a degree of proof excluding Amparo]
possibility of error and producing absolute
certainty. Only moral certainty is required – that Substantial Evidence
degree of proof which produces conviction in an That amount of relevant evidence which a
unprejudiced mind. [Sec. 2, Rule 133] reasonable mind might accept as adequate to
justify a conclusion. [Sec. 5, Rule 133]
The burden is on the prosecution to prove guilt
beyond reasonable doubt, NOT on the accused to Substantial Evidence Rule
prove his/her innocence. [Boac v People, G.R. No. Factual findings, especially when affirmed by the
180597, (2008)] Court of Appeals, are accorded not only great
respect but also finality, and are deemed binding
The prosecution must not rely on the weakness of upon this Court so long as they are supported by
the evidence of the defense. [Ubales v People, G.R. substantial evidence. [Tan Brothers Corp. v.
No. 175692, (2008); People v. Hu, G.R. No. Escudero, G.R. No. 188711 (2013)]
182232, (2008)]
A.10.4. Clear And Convincing Evidence
A.10.2. Preponderance Of Evidence The standard of proof required in granting or
Applicable quantum of evidence in civil cases [Sec. denying bail in extradition cases is “clear and
1, Rule 133] convincing evidence” that the potential extradee
is not a flight risk and will abide with all the
Means that the evidence adduced by one side is, orders and process of the extradition court.
as a whole, superior to or has greater weight than [Government of Hongkong Special Administrative
that of the other. [Habagat Grill v. DMC-Urban Region v. Olalia, Jr., G.R. No. 153675, (2007)]
Property Developer, Inc., G.R. No. 155110, (2005);
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It must be added that the defenses of denial and B.2. MATTERS OF JUDICIAL NOTICE
improper motive can only prosper when
substantiated by clear and convincing evidence. Judicial Notice
[People v. Colentava, G.R. No. 190348 (2015)] Judicial notice is the cognizance of certain facts
that judges may properly take and act on without
It is used for overturning disputable proof because these facts are already known to
presumptions, such as the presumption of them. Put differently, it is the assumption by a
regularity in the performance of official duties court of a fact without need of further traditional
[Portuguez v. People, G.R. No. 194499, (2015)] or evidentiary support. The principle is based on
the existence of a valuable consideration. convenience and expediency in securing and
[Tolentino v. Sps. Jerera, G.R. No. 179874 (2015)] introducing evidence on matters which are not
ordinarily capable of dispute and are not bona
NOTE, however: The addressee's “direct denial”
fide disputed. [Republic v. Sandiganbayan, G.R.
of receipt of mail alleged to have been mailed to
No. 166859, (2011))
it defeats the presumption in Sec. 3(v), Rule 131
and shifts the burden upon the party favored by B.2.1. When Mandatory
the presumption to prove that the mailed letter (1) Existence and territorial extent of states;
was indeed received by the addressee. (2) Their political history, forms of government,
[Commissioner of Internal Revenue v. Metro Star, and symbols of nationality;
G.R. No. 185371 (2010)] (3) Law of nations;
(4) Admiralty and maritime courts of the world
It is also the standard of proof for invoking the
and their seals;
justifying circumstance of self-defense for the
(5) Political constitution and history of the
defense and proving the aggravating
Philippines;
circumstance of treachery for the prosecution
(6) Official acts of the legislative, executive and
[People v. Casas, G.R. No. 212565 (2015)]. The
judicial departments of the Philippines;
former is because having admitted the killing
(7) Laws of nature;
requires the accused to rely on the strength of his
(8) Measure of time; and
own evidence, not on the weakness of the
(9) Geographical divisions. [Sec. 1, Rule 129]
Prosecution’s, which, even if it were weak, could
not be disbelieved in view of his admission. NOTE: It would be error for the court not to take
[People v. Mediado, G.R. No. 169871 (2011)] judicial notice of an amendment to the Rules of
Court [Riano citing Siena Realty v. Gal-lang, G.R.
Intermediate in character – lower than proof
No. 145169]
beyond reasonable doubt, but higher than
preponderance of evidence. The Management Contract entered into by
petitioner and the PPA is clearly not among the
B. JUDICIAL NOTICE AND JUDICIAL matters which the courts can take judicial notice
ADMISSIONS of. It cannot be considered an official act of the
executive department. The PPA was only
B.1. WHAT NEED NOT BE PROVED performing a proprietary function when it entered
(1) Facts of Judicial Notice into a Management Contract with petitioner. As
(2) Judicial Admissions such, judicial notice cannot be applied. [Asian
(3) Conclusive Presumptions Terminals v. Malayan Insurance, G.R. No. 171406
(2011)]
NOTE: Evidence is also not required when the
issue is purely a question of law.
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The RTC declared that the discrepancy arose ordinance involved in said case. [U.S. v.
from the fact that Barrio Catmon was previously Blanco, G.R. No. 12435 (1917); U.S. v.
part of Barrio Tinajeros. The RTC has authority to Hernandez, 31 Phil. 342]
declare so because this is a matter subject of
mandatory judicial notice. Geographical divisions Note: The guides in determining what facts may
are among matters that courts should take be assumed to be judicially known are either:
judicial notice of. [B.E. San Diego, Inc. v. CA, G.R. (1) Generally known within the territorial
No. 159230 (2010)] jurisdiction of the trial court; or
(2) Capable of accurate and ready
B.2.2. When Discretionary determination by resorting to sources whose
(1) Matters of public knowledge; accuracy cannot reasonably be
(2) Matters capable of unquestionable questionable. [Riano]
demonstration; and
(3) Matters ought to be known to judges because When Hearing Necessary
of their judicial functions. [Sec. 2, Rule 129]
During the Trial
Requisites The court, on its own initiative, or on request of a
(a) The matter must be one of common and party, may announce its intention to take judicial
general knowledge; notice of any matter and allow the parties to be
(b) It must be well and authoritatively settled and heard thereon.
not doubtful or uncertain;
(c) It must be known to be within the limits of the After the Trial
jurisdiction of the court. [State Prosecutors v, Before judgment or on appeal:
Muro, A.M. No. RTJ-92-876 (1994)] The proper court, on its own initiative or on
request of a party, may take judicial notice of any
Judicial notice is not judicial knowledge. The matter and allow the parties to be heard thereon
mere personal knowledge of the judge is not the if such matter is decisive of a material issue in the
judicial knowledge of the court, and he is not case. [Sec. 3, Rule 129]
authorized to make his individual knowledge of a
fact, not generally or professionally known, the With Respect To The Court’s Own Acts And
basis of his action. Judicial cognizance is taken Records
only of those matters which are "commonly" A court will take judicial notice of its own acts and
known. [State Prosecutors v, Muro, A.M. No. RTJ- records in the same case, of facts established in
92-876 (1994)] prior proceedings in the same case, of the
authenticity of its own records of another case
With Respect To Ordinances between the same parties, of the files of related
Municipal trial courts are required to take judicial cases in the same court, and of public records on
notice of the ordinances of the municipality or city file in the same court. [Republic v Court of Appeals,
wherein they sit. G.R. No. 119288, (1997)]

Regional Trial Courts must take judicial notice of With Respect To Records Of Other Cases
such ordinances only:
(a) When required to do so by statute e.g. in GENERAL RULE: Courts are not authorized to
Manila as required by the city charter [City of take judicial notice of the contents or records of
Manila v. Garcia, et al., G.R. No. L-26053 other cases even if both cases may have been tried
(1967)]; and or are pending before the same judge. [Prieto v.
(b) In a case on appeal before them and wherein Arroyo, G.R. No. L-17885 (1965))
the inferior court took judicial notice of an
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EXCEPTIONS: opportunity to present evidence on the nature of


In the absence of objection, and as a matter of the property before the lower court took judicial
convenience to all parties, a court may properly notice of the commercial nature of a portion of
treat all or any part of the original record of a case the subject landholdings. [LBP v. Honeycomb
filed in its archives as read into the record of a Farms, G.R. No. 166259 (2012)]
case pending before it, when:
(1) With the knowledge of the opposing party, B.3. JUDICIAL ADMISSIONS
reference is made to it for that purpose, by In General
name and number or in some other manner by To be a judicial admission, the same:
which it is sufficiently designated; or (1) Must be made by a party to the case;
(2) The original record of the former case or any (2) Must be made in the course of the proceedings
part of it, is actually withdrawn from the in the same case; and
archives by the court's direction, at the request NOTE: As regards judicial admissions made in
or with the consent of the parties, and the trial of another case, the same would be
admitted as a part of the record of the case considered an extrajudicial admission for the
then pending. [US v Claveria, G.R. No. G.R. No. purpose of the other proceeding where such
9282 (1915)] admission is offered. [Riano]
(3) May be verbal or written. [Sec. 4, Rule 129]
Courts may also take judicial notice of
proceedings in other causes because of their: Judicial admissions may be [Regalado]
(1) Close connection with the matter in (1) Made in:
controversy. Ex: In a separate civil action (a) Pleadings filed by the parties
against the administrator of an estate arising • This does not include pleadings
from an appeal against the report of the superseded by an amendment. Sec. 8,
committee on claims appointed in the Rule 10 provides that “[a]n amended
administration proceedings of the said estate, pleading supersedes the pleading that
the court took judicial notice of the record of it amends. However, admissions in
the administration proceedings to determine superseded pleadings may be received
whether or not the appeal was taken on time, in evidence against the pleader.”
(2) To determine whether or not the case pending Admissions in superseded pleadings
is a moot one or whether or not a previous have to be “received in evidence”
ruling is applicable in the case under precisely because they become extra-
consideration. judicial in nature the moment the
(3) The other case had been decided by the same pleading containing them are
court, involving the same subject matter, with superseded by virtue of amendment.
the same cause of action, and was between (b) Stipulations of facts by the parties in a pre-
the same parties (which was not denied), and trial conference [People v. Hernandez, G.R.
constituted res judicata on the current cause No. 108028, (1996)]
before the court. [Tiburcio v. PHHC, G.R. No. L- (c) The course of the trial either by verbal or
13479, (1959)] written manifestations or stipulations
(d) Other stages of judicial proceedings
Courts cannot take judicial notice that vehicular (e) Motions [Republic v. de Guzman, G.R. No.
accidents cause whiplash injuries. [Dela Llana v 175021 (2011), where allegations made in a
Biong, G.R. No. 182356 (2013)] motion to dismiss were considered to be,
among others requiring denial by the
The classification of the land is obviously
adverse party and absence of such led to
essential to the valuation of the property. The
the application of Sec. 4, Rule 129]
parties should thus have been given the
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(2) Obtained through: suggested option but simply said he could never
(a) Depositions leave the country. His silence on this and other
(b) Written interrogatories related suggestions can be taken as an admission
(c) Request for admissions by him. [Estrada v. Desierto, G.R. Nos. 146710-15
NOTE: Admissions made by a party (2001)]
pursuant to a request for admission is for
the purpose of the pending action only. Judicial Proceeding [Sec. 3, Rule 1]
[Sec. 3, Rule 26] (1) Civil – includes special civil actions
(2) Criminal
There are averments made in pleadings which are (3) Special Proceeding
not deemed admissions even if the adverse party
fails to make a specific denial of the same like Examples of statements made that are not judicial
immaterial allegations [Sec. 11, Rule 8], admissions
conclusions, non-ultimate facts in the pleading (1) Statements made during preliminary
[Sec. 1, Rule 8] as well as the amount of liquidated investigation
damages [Sec. 11, Rule 8]. [Riano] (2) Statements in a memorandum filed with the
Labor Arbiter
Although an admission made during the pre-trial (3) Statements during Court-Annexed Mediation
is deemed to have been made in the course of the
judicial proceeding and is necessarily a judicial NOTE: Execution of judgment is part of a judicial
admission, an admission made by the accused in proceeding. The Court retains control over the
the pre-trial of a criminal case is not necessarily case until the full satisfaction of the final
admissible against him. To be admissible, it must judgment. [People v. Gallo, G.R. No. 124736
comply with the conditions set forth under Sec. 2, (1999)]
Rule 118:
(1) Reduced in writing, and B.3.1. Effect Of Judicial Admissions
(2) Signed by the accused and counsel. [Riano] It does NOT require proof. [Sec. 4, Rule 129]

However, in the civil case instituted with the GENERAL RULE: Judicial admissions CANNOT be
criminal case, such admission will be admissible contradicted. [Sec. 4, Rule 129]
against any other party.
An original complaint, after being amended,
NOTE: The theory of adoptive admission has been loses its character as a judicial admission, which
adopted by the court in this jurisdiction. An would have required no proof. It becomes merely
adoptive admission is a party’s reaction to a an extra-judicial admission requiring a formal
statement or action by another person when it is offer to be admissible. [Torres v CA, G.R. No. L-
reasonable to treat the party’s reaction as an 37420, (1984)].
admission of something stated or implied by the
other person. The basis for admissibility of A party who judicially admits a fact cannot later
admissions made vicariously is that arising from challenge that fact as judicial admissions are a
the ratification or adoption by the party of the waiver of proof; production of evidence is
statements which the other person had made. In dispensed with. [Alfelor v Halasan, G.R. No.
the Angara Diary, Estrada’s options started to 165987 (2006)]
dwindle when the armed forces withdrew its
support. Thus, Executive Secretary Angara had to EXCEPTION
ask Senate President Pimentel to advise As an exception to the general rule, judicial
petitioner to consider the option of dignified exit admissions may be contradicted only by showing
or resignation. Estrada did not object to the that:
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(1) It was made through palpable mistake; or Unwritten foreign law may be proved through Sec.
(2) No such admission was made. [Sec. 4, Rule 46, Rule 130—
129] Published treatise, periodical or pamphlet on a
subject of history, law, science or art is admissible
This may be invoked when the statement of a as tending to prove the truth of a matter stated
party is taken out of context or that his statement therein if:
was made not in the sense it is made to appear by (1) The court takes judicial notice, or
the other party. [Phil. Health Care Providers v. (2) A witness expert in the subject testifies, that
Estrada, G.R. No. 171052, (2008), citing Atillo, III the writer of the statement in the treatise,
v. CA (1997)] periodical or pamphlet is recognized in his
profession or calling as expert in the subject.
B.4. JUDICIAL NOTICE OF FOREIGN LAWS,
LAW OF NATIONS AND MUNICIPAL Doctrine Of Processual Presumption
ORDINANCE
In the absence of proof, the foreign law will be
presumed to be the same as the laws of the
A. Foreign laws jurisdiction hearing the case. [Northwest Orient
GENERAL RULE: Courts cannot take judicial Airlines v Court of Appeals, G.R. No. 112573 (1995)]
notice of foreign laws. They must be alleged and
proved as any other fact. [Yao-Kee v. Sy-Gonzales, The court may take judicial notice of the foreign
G.R. No. L-55960 (1988)] law
(1) Where the foreign law is within the actual
Written foreign law may be proved by: knowledge of the court such as when the law
(1) An official publication; or is well and generally known such as when they
(2) A duly attested and authenticated copy. [Rule are well and generally known or they had been
132, Sec. 24] ruled upon in other cases before it and none of
the parties claim otherwise [PCIB v Escolin G.R.
Attested copy L-27860 and L-27896 (1974], citing Moran]
(1) Attestation must be made by the officer (2) When the foreign law is part of a published
having legal custody of the record or by his treatise, periodical or pamphlet and the writer
deputy. [Sec. 24, Rule 132] is recognized in his/her profession or calling
(a) It must state, in substance, that the as expert in the subject [Sec. 46, Rule 130]
copy is a correct copy of the original, or
a specific part thereof [Sec. 25, Rule 132] B. Law of nations
(b) It must be under the official seal of the The Philippines adopts the generally accepted
attesting officer, if there be any, or if he principles of international law as part of the law
be a clerk of court having a seal, under of the land. [Sec. 2, Art. II, 1987 Constitution]
the seal of such court. [Sec. 25, Rule 132]
(2) It must be accompanied by a certificate that Being part of the law of the land, they are
attesting officer has custody [Sec. 24, Rule therefore in the nature of local laws, and hence,
132] subject to mandatory judicial notice under Sec. 1
(a) The certificate may be made by a secretary of Rule 129.
of the embassy or legation, consul general,
consul, vice consul, or consular agent or by C. Municipal Ordinance
any officer in the foreign service of the Municipal trial courts are required to take judicial
Philippines stationed in the foreign country notce of the ordinance of the municipality or city
in which the record is kept, and of which they sit.
authenticated by the seal of his office. However, in the case of Regional Trial Courts,
they must take judicial notice only when:
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a) when required by statute (e.g., in Manila as per


the city charter); or
b) in a case on appeal before them and wherein
the inferior court took judicial notice of an
ordinance involved in said case. [Regalado]

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C. OBJECT (REAL) EVIDENCE Relevant


C.1. MEANING OF OBJECT EVIDENCE GENERAL RULE: When an object is relevant to
the fact in issue, it may be exhibited to, examined
or viewed by the court. [Sec. 1, Rule 130]
Object Evidence
Those addressed to the senses of the court [Sec. EXCEPTIONS: Court may refuse exhibition of
1, Rule 130] object evidence and rely on testimonial evidence
alone if—
A person’s appearance, where relevant, is
(1) Exhibition is contrary to public policy, morals
admissible as object evidence, the same being
or decency;
addressed to the senses of the court. [People v.
(2) It would result in delays, inconvenience,
Rullepa y Guinto, G.R. No. 131516 (2003)]
unnecessary expenses, out of proportion to
the evidentiary value of such object; [People v.
An ocular inspection of the body of the accused is
Tavera, G.R. No. L-23172 (1925)]
permissible. [Villaflor v. Summers, G.R., No.
(3) Evidence would be confusing or misleading.
16444 (1920)]
(4) The testimonial or documentary evidence
The right against self-incrimination CANNOT be already presented clearly portrays the object
invoked against object evidence. [People v. in question as to render a view thereof
Malimit, G.R. No. 109775 (1996)] unnecessary

C.2. REQUISITES FOR ADMISSIBILITY Competent And Authenticated


Evidence Must be Authenticated
To authenticate the object is to show that the
Basic requisites for admissibility [Riano]
object is the very thing that is either the subject
(1) Evidence must be relevant;
matter of the lawsuit or the very one involved to
(2) Evidence must be authenticated;
prove an issue in the case.
(3) Authentication must be made by a competent
witness; and Authentication Must be Made by Competent
(4) Object must be formally offered [Sec. 34, Rule Witness
132] To authenticate the object, the witness must have
the capacity to identify the object as the very
Requisites for the admissibility of tape recording:
thing involved in the litigation.
(1) A showing that the recording was capable of
taking testimony A witness can testify to those facts which he/she
(2) A showing that the operator of the recording knows of his/her personal knowledge [Sec. 36,
device is competent Rule 130]
(3) Establishment of the authenticity and
correctness of recording C.3. CATEGORIES OF OBJECT EVIDENCE
(4) A showing that no changes, deletions, or
additions have been made on the recordings The “thing itself”
(5) A showing of the manner of preservation of (according to means of authentication)
the recording Unique Objects that have E.g., a caliber
(6) Identification of speakers objects readily 45 pistol by
(7) A showing that the testimony elicited was identifiable virtue of its
voluntarily made without any kind of marks
serial number
inducement. [Torralba v. People, G.R. No.
Objects Objects with no E.g., a typical
153699 (2005)) made unique kitchen knife
unique characteristic but with
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are made readily identifying D. DOCUMENTARY EVIDENCE


identifiable marks placed
on it by the
D.1. MEANING OF DOCUMENTARY EVIDENCE
witness
Non- Objects with no E.g., narcotic Consist of writings or any material containing
unique identifying marks substances letters, words, numbers, figures, symbols or other
objects and cannot be modes of written expressions offered as proof of
marked their contents [Sec. 2, Rule 130]
C.4. DEMONSTRATIVE EVIDENCE
To be deemed documentary evidence, such
Not the actual thing, rather it represents or writings or materials must be offered as proof of
“demonstrates” the real thing, e.g., photographs, their contents. If offered for some other purpose,
motion pictures and recordings [Riano] they constitute object evidence.

Audio, photographic and video evidence of D.2. REQUISITES FOR ADMISSIBILITY


events, acts or transactions shall be admissible
(1) Relevant
provided it shall be:
(2) Competent
(1) shown, presented or displayed to the court,
(a) Document be Authenticated
and
(b) Authenticated by Competent Witness
(2) identified, explained or authenticated
(3) Formally Offered in Evidence [Riano]
(a) by the person who made the recording, or
(b) by some other person competent to testify
D.3. BEST EVIDENCE RULE
on the accuracy thereof [Sec. 1, Rule 11,
Rules on Electronic Evidence] D.3.1. Meaning Of The Rule
When the subject of inquiry is the contents of a
document, no evidence shall be admissible other
C.5. VIEW OF AN OBJECT OR SCENE than the original document itself. [Sec. 3, Rule
130]
When an object is relevant to the fact in issue, it
may be exhibited to, examined or viewed by the
D.3.2. When Applicable
court. [Sec. 1, Rule 130]
When applicable (General Rule)
Court has an inherent power to order view when Only when the subject of inquiry is the contents of
there is a need to do so. [Riano, citing Sec. 1, Rule a document [Sec. 3, Rule 130]
130]
When not applicable
Inspection may be made inside or outside the When the issue is only as to whether or not such
courtroom. An inspection outside should be document was actually executed or in the
made in the presence of the parties or at least circumstances relevant to its execution. [People v
with the previous notice to them. [In Re Climaco, Tandoy, G.R. No. 80505, (1990))
AC No. 134-J (1974); Riano, citing Moran]
The Best Evidence Rule applies only when the
terms of a writing are in issue. When the evidence
sought to be introduced concerns external facts,
such as the existence, execution or delivery of the
writing, without reference to its terms, the Best
Evidence Rule cannot be invoked. In such a case,
secondary evidence may be admitted even
without accounting for the original.
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search for/attempt to produce the original [Tan v.


The Best Evidence Rule was not applicable CA, G.R. No. L-56866 (1985))
because the terms of the deed of sale with right
to repurchase were not the issue. [Heirs of Prodon ALL duplicates or counterparts must be
v., Heirs of Alvarez, G.R. No. 170604 (2013)] accounted for before using copies [De Vera v.
Aguilar, GR. No. 83377 (1993)]
Affidavits and depositions are considered as not
being the best evidence, hence not admissible if Due execution of the document should be
the affiants or deponents are available as proved through the testimony of either:
witnesses. [Regalado citing 4 Martin, op cit., p. 82] (a) the person or persons who executed it;
(b) the person before whom its execution was
D.3.3. Meaning Of Original Document acknowledged; or
(1) A document, the contents of which is the (c) any person who was present and saw it
subject of inquiry executed and delivered, or who, after its
(2) All such copies executed at or about the same execution and delivery, saw it and recognized
time, and with identical contents the signatures, or by a person to whom the
NOTE: Carbon copies are deemed duplicate parties to the instruments had previously
originals. [People v Tan, G.R. No. (1959); confessed the execution thereof. [Director of
Skunac v. Sylianteng, G.R. No. 205879 (2014)) Lands v. CA, G.R. No. L-29575 (1971))
The picture images of the ballots, as scanned
and recorded by the PCOS, are likewise What to present instead (in order)
‘official ballots’ that faithfully capture in (a) By a copy
electronic form the votes cast by the voter, as (b) By a recital of its contents in some authentic
defined by Sec. 2(3) of RA 9369. As such, the document
printouts thereof are the functional equivalent (c) By the testimony of witnesses [Rule 130, Sec.
of the paper ballots filled out by the voters and, 5]
thus, may be used for purposes of revision of
votes in an electoral protest. [Vinzons-Chato v. 2. When the original is in the custody or under the
House of Representatives Electoral Tribunal, control of the party against whom it is offered, and
G.R. No. 199149, (2013]] the latter fails to produce it after reasonable
(3) All such entries made and repeated in the notice
regular course of business, at/near the time of What to present instead
the transaction [Sec. 4, Rule 130] Same as when lost, destroyed, or cannot be
produced in court [Sec. 6, Rule 130]
D.3.4. Requisites For Introduction Of Secondary
Evidence 3. When the original consists of numerous
accounts or other documents which cannot be
1. When the the original has been lost or examined in court without great loss of time, and
destroyed, or cannot be produced in court
the fact sounds to be established from them is
(1) When the original has been lost or destroyed,
or cannot be produced in court; only the general result of the whole
(2) Upon proof of its execution or existence;
(3) Without bad faith on the offeror’s part. [Rule 4. When the original is a public record in the
130, Sec. 5] custory of a public officer or is recorded in a public
office
Proponent must prove due execution or existence, What to present instead
and the cause of the loss, destruction or Certified copy issued by the public officer in
unavailability of the original [Sec. 5, Rule 130] custody thereof
and reasonable diligence and good faith in the

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5. When original is outside the jurisidiction of the 4. Existence of other terms agreed to by the
court parties or their successors in interest after the
When the original is outside the jurisdiction of the execution of the written agreement.
court, secondary evidence is admissible [PNB v.
Olila, 98 Phil 1002, unreported (1956)] 1. Intrinsic ambiguity, mistake or imperfection in
the written agreement
D.4. PAROL EVIDENCE RULE
Intrinsic ambiguity – writing admits of two
Parol evidence constructions both of which are in harmony with
Any evidence aliunde, whether oral or written, the language used
which is intended or tends to vary or contradict a
NOTE: If ambiguity is intermediate (both latent
complete and enforceable agreement embodied
and patent), parol evidence is admissible
in a document. [Regalado]
[Regalado, citing 20 Am. Jur 1011]
D.4.1. Application Of The Parol Evidence Rule
Mistake refers to mistake of fact which is mutual
General Rule to the parties [BPI v. Fidelity and Surety, Co., G.R.
When the terms of an agreement (including wills) No. L-26743 (1927)]
have been reduced to writing, it is considered as
Imperfection includes inaccurate statement in the
containing all the terms agreed upon and there
agreement or incompleteness in the writing or
can be, between the parties and their successors
the presence of inconsistent provisions
in interest, no evidence of such terms other than
[Regalado]
the contents of the written agreement. [Sec. 9,
Rule 130]
2. Failure of the written agreement to express the
true intent and agreement of the parties thereto
Where not applicable
It does not apply when third parties are involved
Purpose
or those not privy to the written instrument in
To enable court to ascertain the true intention of
question and does not base a claim or assent a
the parties [Tolentino v. Gonzales Sy Chiam, G.R.
right originating in the instrument. [Lechugas v.
No. 26085 (1927)]
CA, G.R. No. L-39972 & L-40300 (1986))
3. Validity of the written agreement
D.4.2. When Parol Evidence Can Be Introduced Parol Evidence may be admitted to show:
(1) True consideration of a contract
How Parol Evidence Can Be Introduced
(2) Want/Illegality of consideration
(1) A party presents parol evidence to modify,
(3) Incapacity of parties
explain or add to the terms of a written
(4) Fictitious/simulated contract
agreement AND
(5) Fraud in inducement [Regalado]
(2) Ground/s for presenting parol evidence is put
in issue in the pleading 4. Existence of other terms agreed to by the
parties or their successors in interest after the
When Can Parole Evidence Can Be Introduced
execution of the written agreement.
1. Intrinsic ambiguity, mistake or imperfection in
the written agreement
D.4.3. Distinction Between The Best Evidence
2. Failure of the written agreement to express the
Rule And Parol Evidence Rule [Regalado]
true intent and agreement of the parties thereto
3. Validity of the written agreement Best Evidence Rule Parol Evidence Rule

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Contemplates the D.5. AUTHENTICATION AND PROOF OF


situation wherein the DOCUMENTS
original writing is not Presupposes that the
available and/or there is original document is D.5.1. Meaning Of Authentication
a dispute as to whether available in court The preliminary step in showing the admissibility
said writing is the of evidence
original
Proving that the objects and documents
Prohibits the
presented in evidence are not counterfeit
introduction of
substitutionary evidence Prohibits the varying D.5.2. Public And Private Documents
in lieu of the original of the terms of a
Private Documents Public Documents
document regardless of written agreement
WON it varies the When offered as
Admissible without
contents of the original authentic, due
further proof of its due
Applies only to execution and
execution and
Applies to all kinds of documents authenticity must be
authenticity
documents contractual in nature proved
(Exception: wills)
Public Documents
Can be invoked only
(1) Written official acts or records of the official
when the controversy
Can be invoked by any acts of the sovereign authority, official bodies
is between the parties
party to an action and tribunals, and public officers, whether of
to the written
regardless of WON such the Philippines or of a foreign country
agreement, their
party participated in the (2) Public records, kept in the Philippines, of
privies or any party
writing involved private documents required by law to be
directly affected
entered therein
thereby
(3) Notarial documents (except last wills and
testaments) [Sec. 19, Rule 132]
Collateral Agreements
All other writings are private.
GENERAL RULE: Parol Evidence Rule applies (i.e.,
no evidence of such terms other than the contents
A public document enjoys the presumption of
of the written agreement)
regularity. It is a prima facie evidence of the truth
of the facts stated therein and a conclusive
EXCEPTIONS:
presumption of its existence and due
(1) Collateral agreement is not inconsistent with
execution. To overcome this presumption, there
the terms of the written contract
must be clear and convincing evidence. [Chua v.
(2) Collateral agreement has not been integrated
Westmont Bank, G.R. No. 182650 (2012)]
in and is independent of the written contract
(3) Collateral agreement is subsequent to and
A public document is self-authenticating and
novatory of the written contract
requires no further authentication in order to be
(4) Collateral agreement constitutes a condition
presented as evidence in court. [Patula v. People,
precedent which determines whether the
G.R. No. 164457 (2012)]
written contract may become operative or
effective (does not apply to conditions Private Documents
subsequent not stated in the agreement) A private document is any other writing, deed, or
[Regalado] instrument executed by a private person without

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the intervention of a notary or other person (2) Rule of Authentication by adverse party –
legally authorized by which some disposition or Where the reply of the adverse party refers to
agreement is proved or set forth. [Patula v. and affirms the transmittal to him and his
People, G.R. No. 164457 (2012)] receipt of the letter in question, a copy of
which the proponent is offering as evidence
D.5.3. When A Private Writing Requires
Authentication; Proof Of Private Writing D.5.4. When Evidence Of Authenticity Of A Private
Writing Is Not Required (Ancient Documents)
GENERAL RULE: Authentication necessary
The requirement of authentication of a private
How to Prove Due Execution and Authenticity document is excused only in four instances,
(1) By anyone who saw the document executed or specifically:
written; OR (1) when the document is an ancient one which is:
(2) By evidence of the genuineness of the (a) More than 30 years old;
signature or handwriting of the maker [Sec. 20, (b) Produced from a custody in which it would
Rule 132] naturally be found if genuine; and
(c) Unblemished by any alterations or
Before a private document is admitted in circumstances of suspicion. [Sec. 21, Rule
evidence, it must be authenticated either by:
132]
(1) the person who executed it,
(2) the person before whom its execution was (2) when the genuineness and authenticity of the
acknowledged, actionable document have not been
(3) any person who was present and saw it specifically denied under oath by the adverse
executed, or party;
(4) who after its execution, saw it and recognized (3) when the genuineness and authenticity of the
the signatures, or
document have been admitted; or
(5) the person to whom the parties to the
instruments had previously confessed (4) when the document is not being offered as
execution thereof. [Malayan Insurance v. Phil. genuine.
Nails and Wires Corp., G.R. No. 138084
(2002)] OTHER INSTANCES WHEN AUTHENTICATION
IS NOT REQUIRED
Private documents in the custody of PCGG are not (1) Writing is a public document/record [Sec. 19,
public documents. What became public are not Rule 132]
the private documents (themselves) but the (2) Notarial document acknowledged,
recording of it in the PCGG. If a private writing proved/certified [Sec. 30, Rule 132]
itself is inserted officially into a public record, its (3) When authenticity and due execution has
record, its recordation, or its incorporation into been admitted as in the case of actionable
the public record becomes a public document, documents under Sec. 8, Rule 8
but that does not make the private writing itself a (4) That which it is claimed to be: Authentication
public document so as to make it admissible not necessary [Sec. 20, Rule 132]
without authentication. [Republic v
Sandiganbayan, G.R. No. 188881, (2014)] D.5.5. How To Prove Genuineness Of A
Handwriting
Additional Modes of Authentication under (1) By any witness who believes it to be the
American Jurisprudence [Regalado] handwriting of such person because:
(1) Doctrine of Self-Authentication – Where the (a) he has seen the person write;
facts in writing could only have been known by (b) he has seen writing purporting to be his
the writer upon which the witness has acted or been
charged, and has thus acquired knowledge
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of the handwriting of such person [Sec. 22, (1) May be made by a secretary of the
Rule 132] embassy/legation, consul-general, consul,
(2) A comparison by the witness or the court of the vice-consul, consular agent or any officer in
questioned handwriting, and admitted the foreign service of the Philippines stationed
genuine specimens thereof or proved to be in the foreign country in which the record is
genuine to the satisfaction of the judge [Sec. kept;
22, Rule 132] (2) Must state that such officer has the custody;
(3) Expert evidence [Sec. 49, Rule 130] and
(3) Must be authenticated by the seal of his office.
D.5.6. Public Documents As Evidence; Proof Of [Sec. 24, Rule 132]
Official Records
Documents consisting of entries in public records D.5.8. Public Record Of Private Documents [Sec.
made in the performance of a duty by a public
27, Rule 132]
officer are prima facie evidence of the facts
therein stated. All other public documents are (1) By the original record; or
evidence, even against a third person, of the fact (2) By a copy thereof, attested by the legal
which gave rise to their execution and of the date custodian of the record, with an appropriate
of the latter. [Sec. 23, Rule 132] certificate that such officer has the custody.
[Sec. 27, Rule 132]
Proof of public documents
(1) Records of Official Acts [Sec. 24, Rule 132] NOTE: Please refer to “Attestation of Copy” under
(2) By an official publication thereof; or Rule 132, Sec. 25.
(3) By an attested copy of the document
D.5.9. Proof Of Lack Of Record [Sec. 28, Rule 132]
NOTE: Documents without documentary stamp (1) Written statement
affixed thereto, unless specifically exempted by (a) Signed by an officer having the custody of
law, may not be admitted or used in evidence in an official record or by his deputy
any court until the requisite stamp shall have (b) Must state that after diligent search, no
been affixed. [Sec. 201, NIRC] Also, there is a record or entry of a specified tenor is found
presumption that the requisite stamps have been to exist in the records of his office
affixed in the original copy when only the carbon (2) Certificate
copies of the same is available. [Mahilum v CA, (a) Accompanying the written statement
G.R. No. L-17666 (1966)) (b) Must state that that such officer has the
custody
D.5.7. Attestation Of A Copy Of A Document Or
Record [Sec. 25, Rule 132] D.5.10. How Judicial Record Is Impeached
(1) Must be made by the officer having the legal Establish:
custody of the record, or by his deputy (1) Want of jurisdiction in the court or judicial
(2) Must state that the copy is a correct copy of the officer;
original or a specific part thereof, as the case (2) Collusion between the parties; OR
may be (3) Fraud in the party offering the record, with
(3) Must be under the official seal of the attesting respect to the proceedings [Sec. 29, Rule 132]
officer, if there be any, or if he be the clerk of a
court having a seal, under the seal of such D.5.11. Proof Of Notarial Documents
court Notarial Documents
(Except last wills and testaments) Every
If the record is not kept in the Philippines, attested instrument duly acknowledged or proved and
copy must be accompanied with a certificate, certified as provided by law which may be
which: presented in evidence without further proof, the
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certificate of acknowledgment being prima facie evidence will have to form part of the records of
evidence of the execution of the instrument or the case as competent and admitted evidence.
document involved. [Sec. 30, Rule 132] [Heirs of Doronio v. Heirs of Doronio, G.R. No.
169454 (2007)]
Such notarized documents are evidence, even
against 3rd persons, of the facts which gave rise
to their execution and of the date of execution.
[Sec. 23, Rule 132]

D.5.12. How To Explain Alterations In A Document


[Sec. 31, Rule 132]
When Applicable
(1) Document is being presented as genuine;
(2) Document has been altered and appears to
have been altered;
(3) Alteration was made after execution of the
document; and
(4) Alteration is in a part material to the question
in dispute

What to Show About Alteration


(1) Was made by another, without his
concurrence;
(2) Was made with the consent of the parties
affected by it;
(3) Was otherwise properly or innocently made; or
(4) Did not change the meaning or language of
the instrument.

Whose Burden of Proof


Party producing the document must account for
the alteration. Failure to do so would result in the
inadmissibility of evidence.

D.5.13. Documentary Evidence In An Unofficial


Language [Sec. 33, Rule 132]
NOT admissible unless accompanied by a
translation into English or Filipino.

Parties or their attorneys are directed to have the


translation prepared before trial.

The OCT written in the Spanish language already


formed part of the records of the case for failure
of the adverse parties to interpose a timely
objection when it was offered as evidence. Any
objection to the admissibility of such evidence not
raised will be considered waived and said
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E. TESTIMONIAL EVIDENCE There is no substantive or procedural rule which


requires a witness for a party to present some
E.1. QUALIFICATIONS OF A WITNESS form of authorization to testify as a witness for
the party presenting him or her. [AFP Retirement
and Separation Benefits System v. Republic, G.R.
Witness
No. 188956 (2013)]
A witness is one who, being present, personally
sees or perceives a thing, a beholder, spectator or
When determined
eyewitness. One who testifies to what he has seen
Qualification of a witness is determined at the
or heard, or otherwise observed. [Herrera citing
time the said witness are produced for
Black’s Law Dictionary]
examination or at the taking of their depositions.
Qualifications of a Witness [Sec. 20, Rule 130]
With respect to children of tender years,
All persons who can perceive, and, in perceiving,
competence at the time of the occurrence is also
can make their known perception to others, may
taken into account.
be witnesses.
In case person is convicted of a crime
Religious/political belief, interest in the outcome
GENERAL RULE: Not disqualified
of the case, or conviction of a crime unless
otherwise provided by law, shall not be ground
EXCEPTION: Otherwise provided by law, e.g.
for disqualification.
under Art. 821 of the Civil Code, a person
convicted of any of the following crimes cannot be
Qualifications of a Witness [Herrera]
a witness to a will:
(1) To observe, the testimonial quality of
(a) Falsification of documents,
perception; [Sec. 20, Rule 130]
(b) Perjury; or
(2) To remember, the testimonial quality of
(c) False testimony
memory;
(3) To relate, the testimonial quality of narration;
E.2. COMPETENCY VERSUS CREDIBILITY OF A
[Sec. 20, Rule 130] WITNESS
(4) To recognize a duty to tell the truth, the
testimonial quality of sincerity; [Sec. 1, Rule Competency
Competency of a Witness [Herrera]
132]
(1) One is qualified to take the witness stand if:
(5) He must not possess any of the
(2) He is capable of perceiving at the time of the
disqualifications imposed by the law or rules.
occurrence of the fact; and
[Sec. 1, Rule 132]
(3) He came make his perception known
A deaf-mute is competent to be a witness so long
Competency Presumed
as he/she has the faculty to make observations
A person who takes the witness stand is
and he/she can make those observations known
presumed to possess the qualifications of a
to others. [People v. Aleman y Longhas, G.R. No.
witness. His competence may be questioned by
181539 (2013)]
the other party by interposing an objection.
Parties declared in default are not disqualified [Herrera]
from taking the witness stand for non-
disqualified parties. The law does not provide Remedy for Errors or Questions on Competence
default as an exception. [Marcos v. Heirs of Appeal, not certiorari, is the proper remedy for
Navarro, G.R. No. 198240 (2013)]. the correction of any error as to the competency
of a witness committed by an inferior court in the

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course of the trial. [Icutanim v. Hernandez, G.R. GENERAL RULE: Mere relationship does not
No. L-1709, June 8, 1948] impair credibility.

Credibility EXCEPTION:
Credibility of a witness is a question of fact, which To warrant rejection, it must be clearly shown:
is not reviewable by the Supreme Court (1) Testimony was inherently improbable or
[Addenbrook v. People, G.R. No. L-22995 (1967]) defective
(2) Improper/evil motives had moved the witness
Competency Distinguished from Credibility to incriminate falsely
Competence Credibility
E.3.1. DQ By Reason Of Mental Capacity Or
A matter of law and of Has nothing to do
Immaturity
rules with the law or rules
Refers to the basic By Reason Of Mental Incapacity [Sec. 21(a), Rule
qualifications of a witness Refers to the weight 130]
as his capacity to perceive and trustworthiness
and his capacity to or reliability of the Requisites
communicate his testimony (1) Person must be incapable of intelligently
perception to others making known his perception to others
(2) His incapability must exist at the time of his
Two Kinds of Incompetency to Testify [Herrera] production for examination [Riano]
Absolute Partial
Forbidden to testify By Reason Of Immaturity [Sec. 21(b), Rule 130]
only on certain
matters specified Requisites
under Secs. 22-23, (1) Mental maturity of the witness (child) must
Forbidden to testify on render him incapable of perceiving the facts
Rule 130 due to
any matter respecting which he is examined.
interest or
relationship, or to (2) He is incapable of relating his perception
privileges of the truthfully. [Riano]
parties
When incapacity matters for disqualification
Incapacity must occur at the time the witness
Incompetence and Privilege [Herrera]
perceives the event.
Incompetence Privilege
Excuses a witness
Disqualifies a witness Presumption of sanity [Herrera]
from testifying
GENERAL RULE: The law presumes that every
person is of sound mind, in the absence of proof
to the contrary. [Art. 800, Civil Code]
E.3. DISQUALIFICATIONS OF WITNESSES
EXCEPTION: if the witness is a lawful inmate of an
Effect Of Interest In The Subject Matter [Regalado] asylum for the insane. [Herrera citing Torres v.
A person is not disqualified (except if covered by Lopez (1926)]
the Dead Man’s statute)
A mental retardate is not therefore, per se,
Interest only affects credibility, not competency. disqualified from being a witness. As long as his
senses can perceive facts and if he can convey his
Effect Of Relationship perceptions in court, he can be a witness. [People

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v. Española, G.R. No. 119308 (1997), citing People (2) In a criminal case for a crime committed by
v. Salomon, G.R. No. 96848 (1994)] one against the other or the latter's direct
descendants/ascendants.
Unsound mind
(1) Includes any mental aberration Rationale [Alvarez v. Ramirez, G.R. No. 143439
(organic/functional), induced by (2005)]
drugs/hypnosis (1) There is identity of interests between husband
(2) Not disqualified as long as the witness can and wife;
convey ideas by words/signs (2) If one were to testify for or against the other,
there is a consequent danger of perjury;
Deaf-Mutes (3) Policy of the law is to guard the security and
Deaf-mutes are competent witnesses where they confidence of private life, and to prevent
have sufficient knowledge to understand and domestic disunion and unhappiness; and
appreciate the sanctity of an oath and (4) Where there is want of domestic tranquility,
comprehend the facts as to which they wish to there is danger of punishing one spouse
speak, and are capable of communicating their through the hostile testimony of the other.
Ideas with respect thereto. [People v. Hayag, G.R.
No. L-38635 (1980)) Duration
The privilege lasts only during the marriage and
They may give evidence by signs, or through an terminates upon divorce or annulment or death.
interpreter or in writing, and such testimony, [Herrera]
through an interpreter, is not hearsay. But sign
language must be capable of verification. [People Scope of Rule
v. Hayag, GR No. L-38635 (1980)) The rule also includes utterance as to facts or
mere production of documents. It does not only
Child Witness prevent disclosure of matters communicated in
The competency of a child witness is determined nuptial confidence but is an absolute prohibition
by his capacity for observation, recollection and against the spouse’s testifying to any facts
communication. [People v. Mendoza, G.R. No. affecting the other however these facts may have
113791 (1996)) been acquired. [Herrera]

E.3.2. DQ By Reason Of Marriage Waiver of Disqualification


Also known as Martial Disqualification Rule or If a spouse imputed the conviction to the other.
Spousal Immunity
Spouses as Co-Accused
Requisites [Sec. 22, Rule 130] The other cannot be called as an adverse party
(1) Marriage is valid and existing as of the time of witness under this Rule.
the offer of testimony.
(2) That the spouse for or against whom the E.3.3. DQ By Reason Of Death Or Insanity Of
testimony is offered is a party to the case; Adverse Party (Also Known As “Dead Man’s
(3) That the case is not one against the other. Statute” Or “Survivorship Rule”)
[Herrera] Also known as Dead Man’s Statute or Survivorship
Rule
EXCEPTIONS: [Sec. 22, Rule 130]
Spouse may testify for or against the other even Requisites [Sec. 23, Rule 130]
without the consent of the latter— (1) Defendant is the executor or administrator or
(1) In a civil case by one against the other; or a representative of the deceased or of the
person of unsound mind;
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(2) Suit is upon a claim by the plaintiff against the (4) No application to a mere witness
estate of said deceased or person of unsound (5) No application to nominal parties, officers and
mind; stockholders against corporations
(3) Witness is the plaintiff, or an assignor of that (6) Cannot be used in a negative testimony
party, or a person in whose behalf the case is (7) If the defendant did not object
prosecuted; and (8) When the party cross-examines the witness
(4) Subject of the testimony is as to any matter of (9) Where the purpose of the oral testimony is to
fact occurring before the death of such prove a lesser claim than what might be
deceased person or before such person warranted by clear written evidence, to avoid
became of unsound mind. prejudice to the estate of the deceased [Icard
v. Marasigan, G.R. No. L-47442 (1941)]
Applicability (10) Agent of the deceased as to transactions or
This rule is applied only to civil cases. communications with the deceased or
incompetent person which were made with
It is still applicable even if the property has an agent of such person in cases in which the
already been judicially adjudicated to the heirs agent is still alive and competent to testify
regardless whether the deceased died before or [Goñi v. CA, G.R. No. L-27434 (1986)]
after the suit.
What the Dead Man’s Statute proscribes is the
Rationale admission of testimonial evidence upon a claim
To close lips of the plaintiff when death has which arose before the death of the deceased.
closed the lips of the defendant in order to The incompetency is confined to the giving of
discourage perjury and protect the estate from testimony. [Sanson v. CA, G.R. No. 127745
fictitious claims. (2003)]

Scope E.3.4. DQ By Reason Of Privileged


Facts favorable to the deceased are not prohibited Communications
The rule does not operate to exclude testimony
favorable to the deceased because the rule seeks Privilege
to protect his interests. [Herrera, citing Go Chi Gun A privilege is a rule of law that, to protect a
v. Co Cho, G.R. No. (L-13342 (1962), which cited particular relationship or interest, either permits
Jones on Evidence] a witness to refrain from giving testimony he
otherwise could be compelled to give, or permits
When the Dead Man’s statute is not applicable someone usually one of the parties, to prevent the
(1) The survivor may testify against the estate of witness from revealing certain information.
the deceased where the latter was guilty of [Herrera]
fraud which fraud was established by evidence
other than the testimony of the survivor. [Ong E.3.4.1. Husband And Wife [Sec. 24(a), Rule 130]
Chua v. Carr, G.R. No. L-29512 (1929)) Also known as marital privilege
(2) He may also testify where he was the one sued
by the decedent’s estate since the action then Rationale
is not against the estate. [Tongco v. Vianzon, Confidential nature of the privilege; to preserve
G.R. No. 27498 (1927)) marital and domestic relations.
(3) He may likewise testify where the estate had
Requisites:
filed a counterclaim against him or where the
estate cross-examined him as to matters (1) There must be a valid marriage between the
occurring during the lifetime of the deceased. husband and wife;
[Goñi v. CA, G.R. No. L-27434 (1986)]
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(2) There is a communication received in Marital Marital Privilege [Sec.


confidence by one from the other; and Disqualification [Sec. 24(a)]
(3) The confidential communication was received 22]
during the marriage. Neither of the
One spouse should be
(4) The spouse against whom such is being spouses needs to be a
a party to the case;
offered has not given his consent to such party;
testimony. Applies only if the
marriage is existing at Does not cease even
A widow of a victim allegedly murdered may the time the after the marriage is
testify as to her husband’s dying declaration as to testimony is offered; dissolved; and
how he died the since the same was not intended and
to be confidential. [US v. Antipolo, G.R. No. L- Constitutes a total Prohibition is limited
13109 (1918)] prohibition on any to testimony on
testimony for or confidential
Scope: “Any communication”
against the spouse of communications
Includes utterances, either oral or written, or acts.
the witness. between spouses.
[Herrera]
E.3.4.2. Attorney And Client [Sec 24(b), Rule 130]
When not applicable
(1) When the communication was not intended to Requisites
be kept in confidence (1) There must be a communication made by the
(2) When the communication was made prior to client to the attorney or an advice given by the
the marriage attorney to his client;
(3) When the communication was (2) The communication must have been given in
overheard/comes into the hands of a third confidence; and
party whether legally or not (3) The communication or advice must have been
(4) Waiver of the privilege given either in the course of the professional
(5) In a civil case by one against the other employment or with a view to professional
(6) In a criminal case for a crime committed by employment.
one against the other or the latter's direct (4) The client has not given his consent to the
descendants/ascendants. attorney’s testimony thereon.

Waiver [Herrera] Attorney’s secretary, stenographer, or clerk are


(1) Failure of the spouse to object; or also covered by the rule and cannot be examined
(2) Calling spouse as witness on cross concerning any fact the knowledge of which has
examination been acquired in such capacity without the
(3) Any conduct constructed as implied consent. consent of the client AND their employer.

The objection to the competency of the spouse Subject-matter of the privilege [Herrera]
must be made when he or she is first offered as a (1) Communications
witness. The incompetency is waived by failure to (2) Observations by the lawyer (regardless of
make a timely objection to the admission of medium of transmission which may include
spouse’s testimony. [People v. Pasensoy, G. R. No. oral or written words and actions)
140634 (2002)] (3) Tangible evidence delivered to a lawyer
(4) Documents entrusted to a lawyer
In Contrast to Marital Disqualification
When not applicable

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(1) When the communication made was not for


the purpose of creating relationship (even if Requisites: [Krohn v. CA, G.R. No. 108854 (1994),
afterwards he become counsel) citing Lim v. CA, G.R. No. 91114 (1992)]
(2) When the communication was intended to be (1) Physician is authorized to practice medicine,
made public surgery or obstetrics;
(3) When the communication was intended to be (2) Information was acquired or the advice or
communicated to others treatment was given by him in his professional
(4) When the communication was intended for an capacity for the purpose of treating and curing
unlawful purpose the patient;
(5) When the communication was received from (3) The information was necessary to enable him
third persons not acting in behalf/as agents of to act in that capacity;
clients (4) Information, advice or treatment, if revealed,
(6) When the communication was made in the would blacken the reputation of the patient;
presence of third parties stranger to the and
attorney-client relationship (5) Privilege is invoked in a civil case, whether or
(7) When the communication has something to not the patient is a party thereto.
do with a client’s contemplated criminal act
[People v. Sandiganbayan, G.R. Nos. 115439- Physician-patient relationship need not be
41 (1997)] entered into voluntarily.
(8) When there is a controversy between the client
Where applicable
and attorney [Herrera]
(1) All forms of communication, advice or
Identity of Client treatment
(2) Information acquired by the physician from his
GENERAL RULE: The attorney-client privilege personal observations and examination of the
may not be invoked to refuse to divulge the patient
identity of the client.
When not applicable
EXCEPTIONS: [Regala v. Sandiganbayan, G.R. No. (1) Communication was not given in confidence
105938 and G.R. No. 108113 (1996)]: (2) Communication was irrelevant to the
(1) When a strong probability exists that professional employment
revealing the name would implicate that (3) Communication was made for an unlawful
person in the very same activity for which he purpose
sought the lawyer’s advice; (4) Communication was intended for the
(2) When disclosure would open the client to commission/concealment of a crime
liability; (5) Communication was intended to be made
(3) When the name would furnish the only link public/divulged in court
that would form the chain of testimony (6) When there was a waiver
necessary to convict. (7) When the doctor was presented as an expert
witness and only hypothetical problems were
Duration of the privilege presented to him. [Lim v. CA, G.R. No. 91114
In the absence of a statute, the privilege is (1992)]
permanent. It may even be claimed by a client’s
executor or administrator after the client’s death. Waiver
[Herrera] (1) Express waiver – may only be done by the
patient.
E.3.4.3. Physician And Patient [Sec. 24(c), Rule (2) Implied waiver [Herrera]
130] (a) By failing to object
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(b) When the patient testifies would be the equivalent of compelling the
(c) A testator procures an attending doctor to physician to testify on privileged matters he
subscribe his will as an attesting witness gained while dealing with the patient, without the
(d) Disclosure of the privileged information latter’s prior consent. [Chan v. Chan, G.R. No.
either made or acquiesced by the privilege 179786 (2013)]
holder before trial
(e) Where the patient examines the physician E.3.4.4. Priest And Penitent [Sec. 24(d), Rule 130]
as to matters disclosed in a consultation
(f) Also check Rule 28 on Mental or Physical Requisites
Examination [Rules on Civil Procedure] (1) Priest or minister must be duly ordained in the
sect in which he belongs
Professional capacity (2) Confession was made to, or advice given by
When the doctor attends to a patient for curative him pursuant to a religious duty enjoined in
treatment, or for palliative or preventive the course of discipline of the sect or
treatment. [Herrera] denomination of the priest.
(3) Confession or advice was confidential and
Extent of rule penitential in character.
The privilege extends to communications which
have been addressed to physician’s assistants or E.3.4.5. Public Officers [Sec. 24(e), Rule 130]
agents. [Herrera]
Requisites
Physician allowed to testify as an expert (1) Communication was made to the public officer
A doctor is allowed to be an expert witness when in official confidence; and
he does not disclose anything obtained in the (2) Public interest would suffer by the disclosure
course of his examination, interview and of such communication.
treatment of a patient. [Lim v. CA, G.R. No. 91114
(1992)] Elements of “presidential communications
privilege”
Autopsical information (1) Must relate to a “quintessential and non-
If the information was not acquired by the delegable presidential power;”
physician in confidence, he may be allowed to (2) Must be authored or “solicited and received”
testify thereto. But if the physician performing the by a close advisor of the President or the
autopsy was also the deceased’s physician, he President himself; and
cannot be permitted either directly or indirectly to (3) Privilege may be overcome by a showing of
disclose facts that came to his knowledge while adequate need such that the information
treating the living patient. [Herrera, citing US sought “likely contains important evidence”
Case Travelers’ Insurance Co. v. Bergeron)] and by the unavailability of the information
elsewhere. [Neri v. Senate, G.R. No. 180643
Duration of privilege (2008)]
The privilege continues until the death of the
patient. It may be waived by the personal Purpose
representative of the decedent. [Herrera] The privilege is not intended for the protection of
public officers but for the protection of the public
Hospital Records during discovery procedure interest. When no public interest would be
To allow the disclosure during discovery prejudiced, this privilege cannot be invoked.
procedure of the hospital records would be to [Banco Filipino v. Monetary Board, G.R. No. 70054
allow access to evidence that is inadmissible (1986))
without the patient’s consent. Disclosing them
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E.3.4.6. Parental And Filial Privilege Rule [Sec. 25, 2. Information in Conciliation Proceedings
Rule 130] All information and statements made at
conciliation proceedings shall be treated as
GENERAL RULE: A person cannot be compelled privileged communications [Art. 233, Labor
to testify against his parents (parental privilege), Code]
other direct ascendants, children or other direct
descendants (filial privilege). 3. Data Privacy Act
Personal information controllers may invoke the
EXCEPTIONS: [Art. 215, Family Code] principle of privileged communication over
Descendant may be compelled to give his privileged information that they lawfully control
testimony in a criminal case when— or process. Subject to existing laws and
(1) [against parent or grandparent] The testimony regulations, any evidence gathered on privileged
is indispensable in a crime committed against information is inadmissible. [Sec. 15, RA 10173]
said descendant; or
(2) [against parent] In a crime committed by one 4. Food and Drug Administration Act
parent against the other. Prohibits the use of a person to his own
advantage, or revealing, other than to the
Applicability Secretary of Health or officers or employees of the
The rule is applied to both civil and criminal cases. Department of Health or to the courts when
[Herrera] relevant in any judicial proceeding under this Act,
any information acquired under authority Board
The privilege cannot apply between stepmothers of Food Inspection and Board of Food and Drug,
and stepchildren because the rule applies only to or concerning any method or process which as a
direct ascendants and descendants, a family tie trade secret is entitled to protection. [Secs. 9, 11
connected by a common ancestry. A (f) and 12, RA 3720]
stepdaughter has no common ancestry by her
stepmother. [Lee v. CA, G.R. No. 177861 (2010)] 5. TRIPs Agreement
Undisclosed information or trade secrets are
A child can waive the filial privilege and choose to considered privileged communication.
testify against his father. The rule refers to a
privilege not to testify, which can be invoked or It is protected information if it complies with 3
waived like other privileges. [People v. Invencion y requisites:
Soriano, G.R. No. 131636 (2003)] (1) A secret in a sense that it is not generally
known among or readily accessible to persons
E.3.4.7. Other Privileged Communication Not In within the circles that normally deal with the
The Rules Of Court kind of info in question,
(2) Has commercial value because it is a secret;
1. Newsman’s Privilege [RA 53, as amended by RA (3) Has been subject to reasonable steps, under
1477]
the circumstances by the person lawfully in
control of the information, to keep it a secret.
GENERAL RULE: Publisher, editor or duly
[Art. 39]
accredited reporter cannot be compelled to
reveal the source of any news report or
Electronic Document as Privileged
information related in confidence Communication
The confidential character of a privileged
EXCEPTION: Court/House/Committee in
communication is not solely on the ground that it
Congress finds that such revelation is demanded
is in the form of an electronic document. [Sec. 3,
by security of the State
Rule 3, Rules on Electronic Evidence]
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reproduction, or pictures, failing which the


E.4. EXAMINATION OF A WITNESS latter shall not be admitted

E.4.1. Judicial Affidavit Rule [A.M. 12-8-8-SC] This is without prejudice to the introduction of
secondary evidence in place of the original when
E.4.1.1 Scope And Where Applicable allowed by existing rules. [Sec. 2]

Where Applicable E.4.1.2 Contents And Procedure


Applies to all actions and proceedings, and
A. Contents
incidents requiring the reception of evidence Form [Sec. 3]
before the courts, quasi-judicial bodies, whose (1) Language known to the witness, or if not in
rules of procedure are subject to disapproval of English or Filipino with a translation in English
the Supreme Court, insofar as their existing rules or Filipino
of procedure contravene the provisions of this (2) With a sworn attestation executed by the
Rule, and investigating officers and bodies lawyer who conducted or supervised the
authorized by the SC to receive evidence, examination of the witness
including the IBP [Sec. 1].
Contents [Sec. 3]
Where not applicable (1) The name, age, residence or business address,
The Judicial Affidavit Rule is NOT applicable to and occupation of the witness;
small claims under A.M. 08-8-7-SC. [Sec. 1(a)(1)] (2) The name and address of the lawyer who
conducts or supervises the examination of the
Submission of Judicial Affidavits and Exhibits in witness and the place where the examination
Lieu of Direct Testimonies is being held;
(1) The parties shall file with the court and serve (3) A statement that the witness is answering the
on the adverse party, personally or by licensed questions asked of him, fully conscious that he
courier service, not later than five days before does so under oath, and that he may face
pre-trial or preliminary conference or the criminal liability for false testimony or perjury;
scheduled hearing with respect to motions (4) Questions asked of the witness and his
and incidents, the following: corresponding answers, consecutively
(a) The judicial affidavits of their witnesses, numbered, that:
which shall take the place of such (a) Show the circumstances under which the
witnesses' direct testimonies; and witness acquired the facts upon which he
(b) The parties' documentary or object testifies;
evidence, if any, shall be marked and (b) Elicit from him those facts which are
attached to the judicial affidavits relevant to the issues that the case
(2) Should a party or a witness desire to keep the presents; and
original document or object evidence in his (c) Identify the attached documentary and
possession, he may, after the same has been object evidence and establish their
identified, marked as exhibit, and authenticity;
authenticated, warrant in his judicial affidavit (5) The signature of the witness over his printed
that the copy or reproduction attached to such name; and
affidavit is a faithful copy or reproduction of (6) A jurat with the signature of the notary public
that original. In addition, the party or witness who administers the oath or an officer who is
shall bring the original document or object authorized by law to administer the same.
evidence for comparison during the
preliminary conference with the attached copy, Sworn attestation [Sec. 4]
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(1) He faithfully recorded or caused to be (b) Where the accused agrees to the use of
recorded the questions he asked and the judicial affidavits, irrespective of the
corresponding answers that the witness gave; penalty involved; or
(c) With respect to the civil aspect of the actions,
and
whatever the penalties involved are.
(2) Neither he nor any other person then present
or assisting him coached the witness E.4.1.4. EFFECT OF NON-COMPLIANCE [Sec. 10]
regarding the latter's answers. Non-compliant
Consequence
behavior
A false attestation shall subject the lawyer
Deemed to have waived
mentioned to disciplinary action, including
the submission of the
disbarment.
same
B. Procedure
Party’s failure to NOTE: Court may allow,
Offer submit only once, late
submission, provided the
When made delay is for a valid reason
Upon the termination of the testimony of his last and the defaulting party
witness pays a fine.
Witness’ failure to
How made Affidavit shall not be
appear at the
Party shall immediately make an oral offer of considered by the court
scheduled hearing
evidence of his documentary or object exhibits, Deemed to have waived
piece by piece, in their chronological order, Counsel’s failure to his client’s right to cross-
stating the purpose or purposes for which he appear examine the witnesses
offers the particular exhibit. there present
Non-compliance Judicial affidavit cannot
Objection
with requirements be admitted as evidence
When made
After each piece of exhibit is offered, Issuance Of Subpoena [Sec. 5]
If the government employee or official, or the
How made requested witness, who is neither the witness of
Party shall state the legal ground for his objection, the adverse party nor a hostile witness,
if any, to its admission. unjustifiably declines to execute a judicial
affidavit or refuses without just cause to make the
The court shall immediately make its ruling relevant books, documents, or other things under
respecting that exhibit. his control available for copying, authentication,
and eventual production in court, the requesting
NOTE: It is sufficient that the exhibits are simply party may avail himself of the issuance of a
cited by their markings during the offers, the subpoena ad testificandum or duces tecum under
objections, and the rulings, dispensing with the Rule 21 of the Rules of Court. The rules governing
description of each exhibit. the issuance of a subpoena to the witness in this
case shall be the same as when taking his
E.4.1.3. Application To Criminal Actions [Sec. 3] deposition except that the taking of a judicial
This Judicial Affidavit Rule shall apply to all affidavit shall be understood to be ex parte.
criminal actions:
(a) Where the maximum of the imposable penalty
does not exceed six years; Adverse party witnesses and hostile witnesses
are excluded since they are not covered by
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Section 5. [Tam v. China Banking Corporation, G.R.


No. 214054 (2015)] E.4.3.1. Direct Examination [Sec. 5, Rule 132]
Examination-in-chief of a witness by the party
E.4.1.5. Effect On Other Rules presenting him, on the facts relevant to the issue.
The provisions of the Rules of Court and other
rules of procedure in the investigative or quasi- The purpose is to elicit facts about the client’s
judicial bodies covered by this rule are repealed cause of action or defense.
or modified insofar as these are inconsistent with
the provisions of this Rule [Sec. 11] E.4.3.2. Cross-Examination [Sec. 6, Rule 132]
Examination of the witness by the adverse party
E.4.2. Rights And Obligations Of A Witness [Sec. after said witness has given testimony on direct
3, Rule 132] examination.

Obligation The purpose is to test the witness’s accuracy and


To answer questions, although his answer may truthfulness, and freedom from interest or bias,
tend to establish a claim against him. or the reverse, and to elicit all important facts
bearing upon the issue.
Rights
(1) To be protected from irrelevant, improper, or Matters covered
insulting questions, and from harsh or Any matters stated in the direct examination, or
insulting demeanor connected therewith
(2) Not to be detained longer than the interests of
justice require Right to cross-examination
Cross-examination is the most reliable and
(3) Not to be examined except only as to matters
pertinent to the issue effective way known of testing the credibility and
accuracy of testimony. This is an essential
(4) Not to give an answer which will tend to
element of due process. [Herrera, citing Alford v.
subject him to a penalty for an offense unless
otherwise provided by law, e.g., Sec. 8, RA US (1931)]
1379 and other immunity statutes which grant
The right to cross-examine under the constitution
the witness immunity from criminal
is superior to technical rules on evidence. [Herrera,
prosecution for offenses admitted
citing People v. Valero (1982)]
(5) Not to give an answer which will tend to
degrade his reputation, unless it to be the very Partial cross-examination is sufficient where the
fact at issue or to a fact from which the fact in witness was cross-examined on material points,
issue would be presumed. But a witness must and full cross-examination was not due to
answer to the fact of his previous final prosecutors’ fault but that of the defense who
conviction for an offense. repeatedly moved for postponement, direct
examination cannot be thrown off the case.
One-Day Examination of Witness Rule [AM 03-1- [Herrera, citing People v. Caparas, 102 SCRA 782]
09-SC]
A witness has to be fully examined in one (1) day Effect of denial of right to cross-examine
only. It shall be strictly adhered to subject to the Most courts require that the testimony given on
courts' discretion during trial on whether or not to direct examination be stricken off – provided the
extend the direct and/or cross-examination for unavailability of the witness is through no fault of
justifiable reasons. the party seeking to cross-examine. [Herrera]

E.4.3. Order Of Examination Of An Individual Cross-examination must be completed or


Witness finished. When cross-examination is not and
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cannot be done or completed due to causes by the witness, or contrary to that which he has
attributable to the party offering the witness, the previously stated. These are never allowed.
uncompleted testimony is thereby rendered (2) Leading Questions – These are questions that
incompetent. [Herrera, citing Ortigas, Jr. v. suggest to the witness the answer, which the
Lufthansa German Airlines (1975)] examining party desires.

E.4.3.3. Re-Direct Examination [Sec. 7, Rule 132] Leading Questions


Examination of a witness by the counsel who
conducted the direct examination after the cross GENERAL RULE: Leading questions are not
examination. allowed.

The purpose is for the witness to explain or EXCEPTIONS:


supplement his answers given during the cross- (1) On cross examination;
examination. (2) On preliminary matters;
(3) When there is a difficulty is getting direct and
Matters covered intelligible answers from a witness who is
Those stated in the cross-examination, and ignorant, or a child of tender years, or is of
matters not dealt with, if allowed by the Court feeble mind, or a deaf-mute;
(4) On an unwilling or hostile witness;
E.4.3.4. Re-Cross-Examination [Sec. 8, Rule 132] (a) Adverse interest;
Examination conducted by adverse party upon (b) Unjustified reluctance to testify;
conclusion of the re-direct examination. (c) His having misled the party into calling him
to the witness stand.
Matters covered (5) On a witness who is an adverse party or an
Those stated in his re-direct examination, and officer/director or managing agent of a
also on such other matters as may be allowed by public/private corporation or of a
the court in its discretion. partnership/association which is an adverse
party.
E.4.3.5. Recalling The Witness [Sec. 9, Rule 132]
After both sides have concluded the examination Test of leading questions: By putting the words or
of a witness, either party with leave of court may though in the witness’ mind to be echoed back,
recall a witness. the examiner is in effect the one testifying, not the
witness. [Herrera, citing Escato v Pineda, CA 53
Why conducted
OG 7742]
(1) Particularly identified material points were
not covered in cross-examination Misleading Questions
(2) Particularly described vital documents were Questions containing facts not in evidence.
not presented to the witness [Herrera]
(3) Cross-examination was conducted in so inept
a manner as to result in a virtual absence E.4.5. Methods Of Impeaching An Adverse Party’s
thereof [People v. Rivera, G.R. No. 98376 Witness [Sec. 11, Rule 132]
(1991)) (1) By contradictory evidence;
(2) By evidence that his general reputation for
E.4.4. Leading And Misleading Questions [Sec. 10, truth, honesty or integrity is bad;
Rule 132] (3) By evidence that he has made at other times
statements inconsistent with his present
(1) Misleading Questions – These are questions testimony.
that assume as true a fact not yet testified to

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E.4.6. How The Witness Is Impeached By Evidence Any statement of fact made by a party against his
Of Inconsistent Statements (Laying The Predicate) interest or unfavorable to the conclusion for
(1) The alleged statements must be related to which he contends or is inconsistent with the
the witness including the circumstances of facts alleged by him.
the times and places and the persons present.
If the statements are in writing they must be A statement by the accused, direct or implied, of
shown to him. facts pertinent to the issue, and tending in
(2) Witness may be asked whether he made such connection with proof of other facts, to prove his
statements and also to explain them if he guilt. [People v. Lorenzo, G.R. No. 110107 (1995)]
admits making those statements.
Elements
Purpose (1) The admission is made by a party to the case
To allow the witness to admit or deny the prior (2) It is against interest
statement and afford him an opportunity to (3) Made out of court
explain the same. (4) Offered and presented in court in an
admissible manner (e.g. non-hearsay)
E.4.7. Evidence Of The Good Character Of A (5) It is an ACT, OMISSION, or DECLARATION
Witness
Evidence of the witness’ good character is not Requisites for Admissibility [Regalado]
admissible until such character has been (1) They must involve matters of fact;
impeached. [Sec. 14, Rule 132] (2) They must be categorical and definite;
(3) They must be knowingly and voluntarily made;
Because a witness is presumed to be truthful and and
of good character, the party presenting him does (4) Is against admitter’s interest.
not have to prove he is good because he is
presumed to be good. Effect of an Admission
It may be given in evidence against the admitter.
E.5. ADMISSIONS AND CONFESSIONS [Sec. 26, Rule 130]
A. RES INTER ALIOS ACTA RULE
Flight from justice is an admission by conduct
Things done between strangers ought not to and circumstantial evidence of consciousness of
injure those who are not parties to them. [Black’s guilt. [US v. Sarikala, G.R. No. L-12988 (1918))
Law Dictionary].
Rationale
Two Branches No man would make any declaration against
(1) First branch: Admission by a third party [Sec. himself unless it is true. [Republic v. Bautista, G.R.
28, Rule 130] No. 169801 (2007))
(2) Second branch: Similar acts as evidence [Sec.
34, Rule 130] Admission Must be Made in Context
It is a rule that a statement is not competent as
B. ADMISSION BY A PARTY an admission where it does not, under reasonable
The act, declaration or omission of a party, as to construction, appear to admit or acknowledge
a relevant fact may be given in evidence against the fact which is sought to be proved by it. [CMS
him. [Sec. 26, Rule 130] Logging, Inc. v. CA, G.R. No. L-41420 (1992))

This rule pertains to extra-judicial admission. [Lacbayan v. Samoy, Jr. G.R. No. 165427 (2011)]

EXTRAJUDICIAL ADMISSIONS ISSUE: WON a Partition Agreement between


partners having an extramarital affair is an
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admission against interest such that a party to it (3) Admission by privies [Sec. 31, Rule 130]
who admitted the existence of co-ownership can
no longer assail the agreement. Basis of exception
A third party may be so united in interest with the
HELD: No. The question on the Partition party-opponent that the other person’s
Agreement indicates a question of law to admissions may be receivable against the party
determine whether the parties have the right to himself. The term “privy” is the orthodox
freely divide among themselves the subject catchword for the relation.
properties. An admission must involve matters of
fact and not of law. D. ADMISSION BY A CO-PARTNER OR AGENT
[Sec. 29, Rule 130]
Judicial and Extrajudicial Admissions
Judicial Extrajudicial Requisites for admissibility: [Herrera]
Made in connection Any other admission (1) The act or declaration is by a partner or agent
with a judicial [Secs. 26 and 32, Rule of the party;
proceeding in which it 130] (2) The act or declaration is within the scope of his
is offered [Sec. 4, Rule authority;
129] (3) The act or declaration is made during the
Admission is deemed Must still be formally existence of the partnership or agency;
automatically part of offered in evidence (4) The partnership, or agency, is shown by
the case evidence other than such act or declaration;
May be conclusive Rebuttable (5) May be given in evidence against such party.
[Sec. 4, Rule 129]
May be written, oral express or implied This rule also applies to the act or declaration of
a joint owner, joint debtor, or other persons jointly
interested with the party. [Sec. 29, Rule 130]
C. ADMISSION BY A THIRD PARTY
GENERAL RULE: The rights of a party cannot be Statements made after partnership is dissolved
prejudiced by an act, declaration, or omission of As a rule, statements made after the partnership
another. has been dissolved do not fall within the
exception, but where the admissions are made in
Admission by a third party is inadmissible as connection with the winding up of the partnership
against another. The act, declaration or omission affairs, said admissions are still admissible as the
of another is generally irrelevant, and that in partner is acting as an agent of his co-partners in
justice, a person should not be bound by the acts said winding up [Regalado].
of mere unauthorized strangers.
Admissions by counsel
The rule is well-settled that a party is not bound Admissions by counsel are admissible against the
by any agreement of which he has no knowledge client as the former acts in representation and as
and to which he has not given his consent and an agent of the client, subject to the limitation
that his rights cannot be prejudiced by the that the same should not amount to a
declaration, act or omission of another, except by compromise [Sec. 23, Rule 138] or confession of
virtue of a particular relation between them. judgment [Acenas, et al. v. Sison, et al., G.R. No.
L-17011 (1963)].
EXCEPTIONS:
(1) Partner’s or Agent’s Admission [Sec. 29, Rule Joint interests [Herrera]
130] (1) The joint interest must be first made to appear
(2) Admission by conspirator [Sec. 30, Rule 130] by evidence other than the admission itself
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(2) The admission must relate to the subject- As regards extrajudicial admissions AFTER
matter of joint interest. termination of conspiracy, BEFORE trial
GENERAL RULE: Not admissible
The word “joint” must be construed according to
its meaning in the common law system, that is, in EXCEPTIONS:
solidum for the whole [Jaucian v. Querol, G.R. No. (1) Made in the presence of the co-conspirator
L-11307 (1918)]. who expressly/impliedly agreed (tacit
admission)
A mere community of interests between several (2) Facts in admission are confirmed in the
persons is not sufficient to make the admissions independent extrajudicial confessions made
of one admissible against all. [Herrera] by the co-conspirators after apprehension
(interlocking admissions)
Just like in partnership and agency, the interest (3) As a circumstance to determine credibility of
must be a subsisting one unless for the admission witness
to be admissible. [Herrera] (4) Circumstantial evidence to show the
probability of the latter’s participation
E. ADMISSION BY A CONSPIRATOR [Regalado]
[Sec. 30, Rule 130]
Doctrine of interlocking confessions [People v.
Requisites for admissibility Molleda, G.R. No. L-34248 (1978)]
(1) Act or declaration must relate to the Extrajudicial statements of co-accused may be
conspiracy; taken as circumstantial evidence against the
(2) It must have been made during the existence person implicated to show the probability of the
of the conspiracy; and latter’s actual participation, provided that the
(3) Conspiracy must be shown by evidence other statements are made by several accused are:
than such act/declaration. (1) Made without collusion
(2) Identical with each other in their essential
An exception to the res inter alios acta rule is an details;
admission made by a conspirator under Sec. 30, (3) Corroborated by other evidence on record
Rule 130. This provision states that the act or
declaration of a conspirator relating to the Applicable to extrajudicial statements
conspiracy, and during its existence, may be The evidence adduced in court by the
given in evidence against the co-conspirator after conspirators as witnesses are not declarations of
the conspiracy is shown by evidence other than conspirators, but direct testimony to the acts to
such act or declaration. [People v. Cachuela, G.R. which they testify. This is applicable only when it
No. 191752 (2013)] is sought to introduce extrajudicial declarations
and statements of the co-conspirators. [Herrera,
Existence of the conspiracy may be inferred from citing People v. Vizcarra, (1982)]
acts of the accused. [People v. Belen, G.R. No. L-
13895 (1963)) F. ADMISSION BY PRIVIES
[Sec. 31, Rule 130]
Applies only to extra-judicial statements, not to
testimony given on the stand [People v. Serrano,
Privies
G.R. No. L-7973 (1959)] or at trial where the party
Persons who are partakers or have an interest in
adversely affected has the opportunity to cross-
any action or thing, or any relation to another
examine. [People v. Palijon, G.R. No. 123545
[Riano, citing Black’s Law Dictionary]
(2000]

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It denotes the idea of succession, not only be right Failure to file a comment
of heirship and testamentary legacy, but also that Respondent’s failure to file a comment despite all
of succession by singular title, derived from acts the opportunities afforded him constituted a
inter vivos, and for special purposes. (example: waiver of his right to defend himself. In the
assignee of a credit and one subrogated to it are natural order of things, a man would resist an
privies.) [Alpuerto v. Perez Pastor and Roa, G.R. unfounded claim or imputation against him. It is
No. L-12794 (1918)] generally contrary to human nature to remain
silent and say nothing in the face of false
Requisites for Admissibility accusations. As such, respondents silence may be
(1) There must be an act, declaration or an construed as an implied admission and
omission by a predecessor-in-interest; acknowledgement of the veracity of the
(2) Act, declaration or omission must have allegations against him. [OCA v. Amor, AM No.
occurred while he was holding (not after) the RTJ-08-2140 (2014)]
title to the property; and
(3) Act, declaration or omission must be in H. CONFESSIONS
relation to the property.
[Sec. 33, Rule 130]
A declaration of an accused acknowledging his
Former owner of Real Estate
guilt of the offense charged, or of any offense
It is necessary that the admission of the former
necessarily included therein [Sec. 33, Rule 130]
owner of a property has been made while he
holds title to the property in order that such
An acknowledgment in express words or terms,
admission may be binding upon the present
by a party, in a criminal case, of the crime charged
owner. [Herrera, citing Gevero v. IAC, (1990)]
or some essential parts of it. [People v. Lorenzo,
(1995)]
G. ADMISSION BY SILENCE
[Sec. 32, Rule 130] Requisites
(1) Express and categorical acknowledgement of
Requisites for Admissibility guilt
When silence is deemed an admission: [People v. (2) Facts admitted constitutes a criminal offense
Paragsa, G.R. No. L-44060 (1978)] (3) Given voluntarily
(1) Person heard or understood the statement; (4) Intelligently made, realizing the importance
(2) That he was at a liberty to make a denial; or legal significance of the act
(3) That the statement was about a matter (5) No violation of Secs. 12 and 17, Art. III of the
affecting his rights or in which he was Constitution [Regalado]
interested and which naturally calls for a
response; If the accused admits having committed the act
(4) That the facts were within his knowledge; and in question but alleges a justification therefore,
(5) That the fact admitted from his silence is the same is merely an admission. [Ladiana v.
material to the issue People, G.R. No. 144293 (2002))

When not applicable Any confession, including a re-enactment,


(1) Statements adverse to the party were made in without admonition of the right to silence and to
the course of an official investigation, neither counsel, and without counsel chosen by the
asked to reply nor comment [Sec. 2(b), RA accused is inadmissible in evidence. [People v. Yip
7438] Wai Ming, G.R. No. 120959 (1996))
(2) Party had justifiable reason to remain silent,
e.g. acting on advice of counsel [Regalado] [T]he basic test for the validity of a confession is –
was it voluntarily and freely made. The term
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"voluntary" means that the accused speaks of his prove that he did or did not do the same or similar
free will and accord, without inducement of any thing at another time. (2nd Branch of res inter
kind, and with a full and complete knowledge of alios acta rule)
the nature and consequences of the confession,
and when the speaking is so free from influences EXCEPTIONS:
affecting the will of the accused, at the time the Said evidence may be received to prove:
confession was made, that it renders it (1) specific intent or knowledge;
admissible in evidence against him. Plainly, the (2) identity;
admissibility of a confession in evidence hinges (3) plan, system, or scheme;
on its voluntariness.[People v. Satorre, G.R. No. (4) habit;
133858 (2003)] (5) established custom, usage and the like. [Sec.
34, Rule 130]
Effect of Extrajudicial Confession of Guilt
Reason for General Rule
GENERAL RULE: An extrajudicial confession The rule is founded upon reason, justice and
made by an accused is not a sufficient ground for judicial convenience. The lone fact that a person
conviction. [Sec. 3, Rule 133] committed the same or similar act at some prior
time affords, as a general rule, no logical
EXCEPTION: When corroborated by evidence of guaranty that he committed the act in question.
the actual commission of a particular crime A man’s mind and even his modes of life may
(corpus delicti). [Sec. 3, Rule 133] change; and objectively, the conditions which he
may find himself at a given time make likewise
Corpus Delicti change and induce him to act a different way.
Substance of the crime; the fact that a crime has [Herrera, citing Justice Moran]
actually been committed [People v. De Leon, G.R.
No. 180762 (2009)] [Metrobank v. Custodio, G.R. No. 173780 (2011)]

As Distinguished from Admissions of a Party FACTS: Respondent was accused of being


Admission of a Party Confession responsible for cash shortage in the bank’s Laoag
Merely a statement of Acknowledgment of branch. Petitioner Metrobank argued that
fact guilt or liability respondent Custodio’s prior involvement in a
Maybe express or tacit Must be express cash shortage in its Cubao branch is admissible
May be adoptive Cannot be adoptive as evidence to prove a scheme or habit on her part.
Can be made only by
Maybe made by 3rd HELD: Respondent’s prior involvement in a cash
the party himself, and
parties, and in certain shortage in the bank’s Cubao branch does not
admissible against his
cases, admissible conclusively prove that she is responsible for the
co-accused in some
against a party loss of PhP600,000 in the Laoag City branch,
instances
Acts, declarations or subject of the instant case. If the prior cash
Declarations shortage in Cubao showed a reasonable intent or
omissions
May be in any habit on her part, then there was no reason for
Criminal case Metrobank to continue to employ her,
proceeding
considering the degree of trust and confidence
I. SIMILAR ACTS AS EVIDENCE required of a bank teller. Nevertheless, Custodio
continued to serve the bank even after the case in
[Sec. 34, Rule 130]
petitioner Metrobank’s Cubao branch.
GENERAL RULE: Evidence that one did or did not
E.6 HEARSAY RULE
do a certain thing at one time is not admissible to
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memory, veracity and articulateness of out-of-


A. MEANING OF HEARSAY court declarant or actor upon whose reliability
It is an out-of-court statement which is offered by on which the worth of the out-of-court
the witness in court to prove the truth of the testimony depends. [Herrera]
matters asserted by the statement.
C. EXCEPTIONS TO THE HEARSAY RULE
It is any evidence, whether oral or documentary, if (1) Dying declaration
its probative value is not based on personal (2) Declaration against interest
knowledge of witness but on knowledge of some (3) Act or declaration about pedigree
other person not on witness stand [Regalado] (4) Family reputation or tradition regarding
pedigree
Elements
(5) Common reputation
(1) Declarant is out of court
(6) Part of the res gestae
(2) Out of court declaration is offered as proof of
(7) Entries in the course of business
its contents
(8) Entries in official records
(3) Absence of opportunity for cross-examination
(9) Commercial lists and the like
(10) Learned treaties
General Rule on Hearsay
(11)Testimony or deposition at a former trial
A witness can testify only as to those facts which
he knows of his personal knowledge, or those 1. DYING DECLARATION
derived from his own perception. [Sec. 36, Rule Also known as “antemortem statement” or
130]
“statement in articulo mortis” [Sec. 37, Rule 130]
The hearsay rule is not limited to oral testimony Requisites for Admissibility
or statements; it applies to written, as well as oral
(1) Declaration is one made by a dying person;
statements. [Consunji v. CA, G.R. No. 137873
(2) Declaration was made under the
(2001))
consciousness of an impending death;
(3) Declaration refers to cause and surrounding
If a party does not object to hearsay evidence, the
circumstances of such death;
same is admissible, as a party can waive his right
(4) Declaration is offered in any case wherein his
to cross-examine [People v. Ola, G.R. No. L-47147
death is the subject of inquiry;
(1987))
(5) Declarant is competent as a witness had he
Repeated failure to cross-examine is an implied survived [Geraldo v People, G.R. No. 173608
waiver [Savory Luncheonette v. Lakas ng (2008)); and
Manggagawang Pilipino, G.R. No. L-38964 (6) Declarant should have died. [People v.
(1975)] Macandog, G.R. No. 129534 and 1411691
(2001)]
B. REASON FOR EXCLUSION OF HEARSAY
EVIDENCE Rationale for Admissibility
As a general rule, when a person is at the point of
The underlying rule against hearsay are serious death, every motive to falsehood is silenced.
concerns about the worth (trustworthiness, [People v Bacunawa, G.R. No. 136859 (2001))
reliability) of hearsay evidence. Because such
evidence: The law considers the point of death as a
(1) was not given under oath or solemn situation so solemn and awful as creating an
affirmation; and obligation equal to that which is imposed by an
(2) was not subject to cross-examination by oath administered by the court. [People v. Cerilla,
opposing counsel to test the perception, G.R. No. 177147 (2007))
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Thus, the utterances made by Januario could not


If the declarant’s statement is made under be considered as a dying declaration.
consciousness of impending death, a subsequent
belief in recovery before his actual death does not However, the Court appreciated the testimony as
bar admissibility of his statement [Riano, citing part of res gestae. Conviction of accused was
People v. Black (1979), 96 CA3d 846, 158 CR 449] sustained.

The foreboding may be gleaned from Objections to the dying declaration


surrounding circumstances, such as the nature of May be premised on any of the requisites for its
the declarant’s injury and conduct that would admissibility embodied in Sec. 37, Rule 130.
justify a conclusion that there was consciousness Counsel who wants a dying declaration excluded
of impending death. [People v. Latayada, G.R. No. must have to deal with the primary question of
146865 (2004)) whether or not the evidentiary foundations for the
introduction where met. [Riano]
The admissibility of an ante mortem declaration
is not affected by the fact that the declarant died Dying declarations are admissible in favor of the
hours or several days after making his declaration. defendant as well as against him. [US v. Antipolo,
It is sufficient that he believe himself in imminent 37 Phil. 726 (1918))
danger of death at the time of such declaration.
[Herrera, citing People v. Ericta 77 SCRA 199] 2. DECLARATION AGAINST INTEREST
Requisites for Admissibility
[People v. Quisayas, G.R. No. 198022 (2014)] (1) Declarant is dead or unable to testify;
(2) Declaration relates to a fact against the
FACTS: Victim Januario was stabbed by interest of the declarant;
respondents on his way home. Policemen (3) At the time he made said declaration,
patrolling the area saw Januario lying on the declarant was aware that the same was
street. He was brought by the policemen to the contrary to his interest; and
hospital. While in the vehicle, the police asked (4) Declarant had no motive to falsify and
him who hurt him. He answered that it was the believed such declaration to be true [Sec. 38,
respondents. He eventually died because of the Rule 130]
stab wounds.
Inability to testify means that the person is dead,
ISSUE: WON the testimony of the accused was a mentally incapacitated or physically incompetent.
dying declaration. Mere absence from the jurisdiction does not make
him ipso facto unavailable. [Fuentes v. CA, G.R.
HELD: No. It does not appear that the declarant No. 111692 (1996)]
was under the consciousness of his impending
death when he made the statements. No Declaration against interest made by the
questions relative to the second requisite was deceased, or by one unable to testify, is
propounded to Januario. The rule is that, in order admissible even against the declarant’s
to make a dying declaration admissible, a fixed successors-in-interest or even against third
belief in inevitable and imminent death must be persons [Sec. 38, Rule 130]
entered by the declarant. It is the belief in
impending death and not the rapid succession of Actual or real interest
death in point of fact that renders a dying It is essential that at the time of the statement,
declaration admissible. The test is whether the the declarant’s interest affected thereby should
declarant has abandoned all hopes of survival be actual, real or apparent, not merely contingent,
and looked on death as certainly impending. future or, conditional; otherwise the declaration

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would not in reality be against interest. (example: shown by evidence other than such
declarations regarding a declarant’s inheritance declaration. [Sec. 39, Rule 130]
are not admissible because these are future
interests) [Herrera] Pedigree includes
(1) Relationship;
Admissible against third persons (2) Family genealogy;
If all the requisites for admission of a declaration (3) Birth;
against interest are present, the admission is (4) Marriage;
admissible not only against the declarant but (5) Death;
against third persons. [Herrera, citing Viacrusis v. (6) Dates when these facts occurred;
CA, 44 SCRA 176] (7) Places where these facts occurred;
(8) Names of relatives; and
As Distinguished from Admissions [Estrada v. (9) Facts of family history intimately connected
Desierto, G.R. Nos. 146710-15 (2001)] with pedigree. [Sec. 39, Rule 130]
Declaration against
Admission by a party
Interest [Sec. 38, Rule “Proof other than declaration”
[Sec. 26, Rule 130]
130] GENERAL RULE: Proof of relationship must be
Admitter is a party Declarant is neither a shown in evidence other than the declaration.
himself, or in privity party nor in privity
with such party with a party EXCEPTION: The general rule does not apply
Admissible only when where the claim is sought to reach the estate of
Admissible whether the declarant himself, and not merely to establish
declarant is
or not admitter is a right through his declarations to the property of
unavailable as a
available as a witness some other member of the family. [Tison v. CA,
witness
Can be made any Must have been made G.R. No. 121027 (1997)]
time, even during trial ante litem motam
Pedigree declaration by conduct
Admissible only Admissible even
This rule may also consist of proof of acts or
against the admitter against 3rd persons
conduct of relatives and the mode of treatment in
Admissible as an
Admissible not as an the family of one whose parentage is in question.
exception to the
exception to any rule [Herrera, pg. 649]
hearsay rule
Made against one’s Not applicable to adoption
Made against one’s
claim or defense, The rule allowing proof of pedigree is not
pecuniary or moral
although not moral or applicable to adoption. The absence of proof of
interest
pecuniary interest an order of adoption by the court, as provided by
Primary evidence Secondary evidence statute, cannot be substituted by parol evidence
that the child has lived with a person, not his
3. ACT OR DECLARATION ABOUT PEDIGREE
parent, and was treated as child during the
Requisites for Admissibility
latter’s lifetime. [Herrera, citing Lazatin v. Campos,
(1) Declarant is dead or unable to testify;
G.R. No. L-43955-56 (1979)]
(2) The pedigree is in issue or is relevant thereto;
[Herrera] 4. FAMILY REPUTATION OR TRADITION
(3) Declarant must be related by birth or marriage REGARDING PEDIGREE
to the person whose pedigree is in issue; Requisites for Admissibility
(4) Declaration was made before the controversy; (1) Witness must be a member, by consanguinity
and or affinity, of the same family as the subject;
(5) Relationship between the declarant and the and
person whose pedigree is in question must be
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(2) Such reputation or tradition must have existed


in that family ante litem motam. [Sec. 40, Requisites for Admissibility
Rule 130] (1) Reputation pertains to:
(a) facts of public or general interest
Other Admissible Evidence more than 30 years old,
(1) Entries in family bibles or other family books; (b) marriage, or
(2) Charts; (c) moral character
(3) Engravings on rings; (2) Common reputation existed ante litem
(4) Family portraits and the like [Sec. 40, Rule motam. [Sec. 41, Rule 130]
130]
Other Admissible Evidence
This enumeration, by ejusdem generis, is limited (1) Monuments
to "family possessions," or those articles which (2) Inscriptions in public places [Sec. 41, Rule
represent, in effect, a family's joint statement of 130]
its belief as to the pedigree of a person. [Jison v.
CA, G.R. No. 124853. (1998)) Pedigree may be established by reputation in the
family, but not in the community. [Secs. 40-41,
A person’s statement as to his date of birth and Rule 130]
age, as he learned of these from his parents or
relatives, is an ante litem motam declaration of a Common reputation is hearsay like any other
family tradition. [Gravador v. Mamigo, G.R. No. L- exception to the hearsay rule, but is admissible
24989, (1967)] because of trustworthiness. [Riano, citing Reg. v.
Bedforshire, 4 E & B 535, 82 ECL 535, 542]
Distinguished from Declaration about Pedigree
[Herrera] Reputation has been held admissible as evidence
Sec. 39 – Declaration Sec. 40 – Family of age, birth, race, or race-ancestry, and on the
about Pedigree Reputation or question of whether a child was born alive. [In re:
Tradition Florencio Mallare, AM No. 533 (1974))
There must be a The witness testifying
declarant and a to the family Unlike that of matters of pedigree, general
witness reputation and reputation of marriage may proceed from
The witness need not tradition must be a persons who are not members of the family — the
be a relative of the member of the family reason for the distinction is the public interest
person whose member of the person that is taken in the question of the existence of
pedigree is in whose pedigree is in marital relations. [In re: Florencio Mallare, AM No.
question, it must be controversy. 533 (1974)]
the declarant.
6. PART OF THE RES GESTAE
The witness may
Res Gestae
testify on the
Independent evidence This expression signifies merely “transactions” or
relationship between
is needed to establish “things done” and is used in common law as
such relationship
relationship between meaning the circumstances which are automatic
himself. The author of
declarant and person and undersigned incidents of the particular act in
the reputation need
whose pedigree is in issue, and which are admissible in evidence when
not be established by
issue illustrative and explanatory of the act. [Herrera]
independent
evidence.
Admissible Statements
5. COMMON REPUTATION
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(1) Spontaneous statements - Statements made (1) Entries were made at, or near the time of the
by a person while a startling occurrence is transactions referred to;
taking place or immediately prior or (2) Such entries were made in the ordinary or
subsequent thereto, with respect to the regular course of business or duty;
circumstances thereof: (3) Entrant was in a position to know the facts
(a) Principal act be a startling stated in the entries;
occurrence (4) Entrant did so in his professional capacity, or
(b) Statement made before declarant in the performance of duty and in the regular
had opportunity to contrive a course of business; and
falsehood [Talidano v. Falcon (5) Entrant is now dead or unable to testify.
Maritime, G.R. No. 172031 (2008)] [Northwest Airlines v. Chiong, G.R. No. 155550
(c) Statement refer to occurrence in (2008)]
question and attending
circumstances [Sec. 42, Rule 130] or If the entrant is available as a witness, the entries
that the statements must concern the will not be admitted, but they may nevertheless
occurrence in question and its be availed of by said entrant as a memorandum
immediate attending circumstances to refresh his memory while testifying on the
[Talidano v. Falcon Maritime, G.R. No. transactions reflected therein. [Cang Yui v.
172031 (2008)] Gardner, G.R. No. L-9974 (1916)]
(2) Verbal acts - Statements, which accompany
an equivocal act material to the issue and “Business records” are exempt from the hearsay
give it a legal significance rule. [Sec. 1, Rule 8, Rules on Electronic Evidence]
(a) Principal act must be equivocal
Entries in the payroll, being entries in the course
(b) Act must be material to the issue
(c) Statement must accompany the of business, enjoy the presumption of regularity
[Sapio v. Undaloc Construction, G.R. No. 155034
equivocal act
(d) Statement gives legal significance to (2008)]
equivocal act [Talidano v. Falcon
Reason for rule
Maritime, G.R. No. 172031 (2008)]
The duty of the employees to communicate facts
(e) Must be made at the time, not after,
is of itself a badge of trustworthiness of the
the equivocal act was being
entries [Security Bank and Trust Company v. Gan,
performed
G.R. No. 150464 (2006)]
A dying declaration can be made only by the
These entries are accorded unusual reliability
victim after the attack while a statement as part
because their regularity and continuity are
of the res gestae may be that of the killer himself
calculated to discipline record keepers in the
after or during the killing. [People v. Reyes]
habit of precision. [LBP v. Monet’s Export and
Manufacturing Corp., G.R. No. 184971 (2010)]
A statement not admissible as dying declaration
because it was not made under consciousness of 8. ENTRIES IN OFFICIAL RECORDS
impending death, may still be admissible as part Requisites for Admissibility
of res gestae if made immediately after the (1) Entries were made by a public officer in the
incident. [People v. Gueron, G.R. No. L-29365 performance of his duties or by a person in the
(1983)] performance of a duty specially enjoined by
law [Sec. 44, Rule 130];
7. ENTRIES IN THE COURSE OF BUSINESS
(2) Entrant must have personal knowledge of the
Requisites for Admissibility
facts stated by him or such facts acquired by
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him from reports made by persons under a


legal duty to submit the same [Barcelon, 11. TESTIMONY OR DEPOSITION AT A FORMER
Roxas Securities v. CIR, 157064 (2006)]; and TRIAL
(3) Entries were duly entered in a regular manner Requisites for Admissibility [Sec. 47, Rule 130;
in the official records. Manliclic v. Calaunan, G.R. No. 150157 (2007)]
(1) Witness is dead or unable to testify;
Entries in official records, just like entries in the (2) His testimony or deposition was given in a
course of business, are merely prima facie former case or proceeding, judicial or
evidence of the facts therein stated. [Secs. 43-44, administrative, between the same parties or
Rule 130] those representing the same interests;
(3) Former case involved the same subject as
Entries in a police blotter are not conclusive proof that in the present case although on different
of the truth of such entries. [People v. Cabuang, causes of action;
G.R. No. 103292 (1993)] (4) Issue testified to by the witness in the former
trial is the same issue involved in the present
Baptismal certificates or parochial records of case; and
baptism are not official records. [Fortus v. Novero, (5) Adverse party had the opportunity to cross-
G.R. No. L-22378 (1968)] examine the witness in the former case.

9. COMMERCIAL LISTS AND THE LIKE Inability to testify (meaning and standard)
Requisites for Admissibility The inability of the witness to testify must
(1) Statements of matters of interest to persons proceed from a grave cause, almost amounting to
engaged in an occupation; [Herrera] death, as when the witness is old and has lost the
(2) Such statements are contained in a list; power of speech. Mere refusal shall not suffice.
(3) Compilation is published for use by persons [Tan v. CA, G.R. No. L-22793 (1967))
engaged in that occupation; and
(4) It is generally used and relied upon by them. OTHER EXCEPTIONS OUTSIDE THE RULES OF
COURT
Need of preliminary proof of trustworthiness (1) Affidavit in the Rules of Summary Procedure -
There should be requirements of preliminary shall not be considered as competent
proof of trustworthiness before such lists are evidence for the party presenting the affidavit,
rendered admissible. Some proof must be shown but the adverse party may utilize the same for
how or in what manner it was made up, where the any admissible purpose [Sec. 14, Rules on
information it contained was obtained, or Summary Procedure]
whether the quotation of prices made were (2) Examination of a child witness
derived from actual sales or otherwise. [Herrera]
Doctrine Of Independently Relevant Statements
10. LEARNED TREATISES Statements or writings attributed to a person not
Requisites for Admissibility on the witness stand, which are being offered not
(1) Published treatise, periodical or pamphlet is to prove the truth of the facts stated therein, but
on a subject of history, law, science, or art; and only to prove that such were actually made.
(2) Court takes either:
(a) judicial notice of it, or These are not covered by the hearsay rule [People
(b) witness expert in the subject testifies that v. Cusi, G.R. No. L-20986 (1965))
the writer of the statement in the treatise,
periodical or pamphlet is recognized in his These are statements which are relevant
profession or calling as expert in the independently of whether they are true or not.
subject [Estrada v. Desierto, G.R. No. 146710 (2001)]
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the subject. [People v. Dekingco, G.R. No. 87685


Two classes of independently relevant (1990)]
statements:
(1) Statements which are the very facts in issue, Expert evidence is the testimony of one
and possession in regard to a particular subject or
(2) Statements which are circumstantial evidence department of human activity not usually
of the facts in issue. [Estrada v. Desierto, G.R. acquired by other persons. [Herrera]
No. 146710 (2001)] They include the following:
(a) Statement of a person showing his state of Admitting Expert Testimony
mind, that is, his mental condition,
knowledge, belief, intention, ill will and Question in admitting expert testimony
other emotions; Whether the opinion called for will aid the fact
(b) Statements of a person which show his finder in resolving an issue, or whether the jury or
physical condition, as illness and the like; the judge is as well qualified as the witness to
(c) Statements of a person from which an draw its own or his own deductions from the
inference may be made as to the state of hypothetical facts. [Herrera]
mind of another, that is, the knowledge,
Court discretion to exclude or include expert
belief, motive, good or bad faith, etc. of the
latter; d. Statements which may identify evidence
If men of common understanding are capable of
the date, place and person in question; and
e. Statements showing the lack of comprehending the primary facts and drawing
credibility of a witness. [Estrada v. Desierto, correct conclusions from them, expert testimony
may be excluded by the Court. [Herrera]
G.R. No. 146710 (2001)]
Competency of witness is a preliminary question
E.7. OPINION RULE before testimony is admitted
It must be shown that the witness is really an
Opinion
expert; determination of competency is a
Opinion is an inference or conclusion drawn from
preliminary question. [Herrera]
facts observed.
Hypothetical Questions
GENERAL RULE: The opinion of witness is not
admissible [Sec. 48, Rule 130]
Test
Fairness is the ultimate test of hypothetical
EXCEPTIONS
questions. The Court shall reject a question which
(1) Expert witness [Sec. 49, Rule 130]
unfairly selects parts of the facts proved or omits
(2) Ordinary witness [Sec. 50, Rule 130]
material facts. If it omits facts, it may be opposed
E.7.1. Opinion Of Expert Witness [Sec. 49, Rule on the ground that it is misleading. [Herrera]
130]
The opinion of a witness on a matter requiring Admissibility of hypothetical question
special knowledge, skill, experience or training Admissibility of hypothetical questions depends
which he shown to possess, may be received in on whether it furnishes the tribunal with the
evidence. means of knowing upon what premises of fact the
conclusion is based. [Herrera, citing Magiore v.
Expert witness is one who has made the subject Sheed (195 A. 392, 173 Md 33)]
upon which he gives his opinion a matter of
particular study, practice or observation and he Examining An Expert Witness
must have particular and special knowledge on

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Mode of examination of expert witness


He may base his opinion either on a first-hand 1. IDENTITY OF A PERSON ABOUT WHOM HE
knowledge of the facts or on the basis of HAS ADEQUATE KNOWLEDGE
hypothetical questions where the facts are Statements of a witness as to identity are not to
presented to him hypothetically, and on the be rejected because he is unable to describe
assumption that they are true, formulates his features of the person in question. [Herrera]
opinion on this hypothesis. [Herrera]
Identification by voice is recognized by the courts,
How to present an expert witness especially in a case where it was impossible to see
(1) Introduce and qualify the witness; the accused but the witness has known the
(2) Let him give his factual testimony, if he has accused since their childhood. [Herrera, citing US
knowledge of the facts; v. Manabat]
(3) Begin the hypothetical question by asking him
to assume certain facts as true; 2. HANDWRITING WITH WHICH HE HAS
(4) Conclude the question, by first asking the SUFFICIENT FAMILIARITY
expert if he has an opinion on a certain point The ordinary witness must be acquainted with the
(5) assuming that these facts are true and characteristics of the handwriting of a person. He
secondly, asking him, after he has answered may only draw on the knowledge which he
affirmatively, to give his opinion on the point; already has and which enables him to recognize
(6) After he has stated his opinion, ask him to give the handwriting.
his reasons.
Only experts are allowed to give conclusions from
[Dela Llana v. Biong, G.R. No. 182356 (2013)] the comparison of samples of handwriting of a
Despite the fact that petitioner is a physician and person whose handwriting he is not familiar with.
even assuming that she is an expert in neurology, [Herrera]
she was not presented as an expert witness. As an
3. MENTAL SANITY OF A PERSON WITH WHOM
ordinary witness, she was not competent to
testify on the nature, and the cause and effects of HE IS SUFFICIENTLY ACQUAINTED
These are allowed where the witness can
whiplash injury.
adequately describe the actions, looks or
E.7.2. Opinion Of Ordinary Witness [Sec. 50, Rule symptoms of a person’s sanity or insanity which is
130] impossible for the court to determine. [Herrera]

The opinion of an ordinary witness is admissible 4. IMPRESSIONS OF THE EMOTION, BEHAVIOR,


when: CONDITION OR APPEARANCE OF A PERSON
(1) If proper basis is given, and The rule recognizes instances when a witness
(2) Regarding: may be permitted to state his inferences that are
(a) Identity of a person about whom he has drawn from minute facts and details which the
adequate knowledge; witness cannot fully and properly describe in
(b) Handwriting with which he has sufficient court. Such expressions are expressed to the
familiarity; countenance, the eye and the general manner
(c) Mental sanity of a person with whom he is and bearing of the individual; appearance which
sufficiently acquainted; and are plainly enough recognized by a person of
(d) Impressions of the good judgment, but which he cannot otherwise
(i) emotion, communicate by an expression of results in the
(ii) behavior, shape of an opinion. [Herrera, citing US case
(iii) condition, or Hardy v. Merill]
(iv) appearance of a person

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E.8. CHARACTER EVIDENCE


Bad moral character of accused in rebuttal
Unless and until the accused gives evidence of his
Character
good moral character the prosecution may not
The aggregate of the moral qualities which
introduce evidence of his bad character. [Herrera,
belong to and distinguish an individual person;
citing People v. Rabanes, G.R. No. 93709 (1992)]
the general result of one’s distinguishing
attributes.
Good or bad moral character of offended party
[Herrera citing Black’s Law Dictionary, pg. 834]
This is usually offered in rape cases and where the
accused invokes the defense of self-defense.
Character distinguished from reputation
Character is what a man is and depends on
In rape cases, the character of a woman may be
attributes he possesses. It signifies reality.
relevant and admissible on the question of the
Reputation is what he is supposed to be in what presence or absence of her consent. While in
people say he is, it depends on attributes which homicide and assault cases, it may be used as
others believe one to possess. It signifies what is evidence of the victim’s character for turbulence
accepted to be reality at present. [Herrera, citing and violence warranting the response of the
Black’s Law Dictionary] accused. [Herrera]

GENERAL RULE: [Sec. 51, Rule 130] Character evidence must be limited to the traits
Character evidence is not admissible. and characteristics involved in the type of offense
charged. Thus:
EXCEPTIONS: - on a charge of rape : character for chastity
(1) Criminal cases [Sec. 51(a), Rule 130] - on a charge of assault: character for
(2) Civil case [Sec. 51(b), Rule 130] peaceableness or violence
(3) In the case provided for in Sec. 14, Rule 132 - on a charge of embezzlement : character for
(Evidence of good character of witness is not honesty. [CSC v. Belagan, G.R. No. 132164
admissible until such character has been (2004)]
impeached).
E.8.2. Civil Cases
e.8.1. Criminal Cases Moral character is admissible only when
(1) Accused – May prove his good moral character, pertinent to the issue of character involved in the
which is pertinent to the moral trait involved in case. [Sec. 51(b), Rule 130]
the offense charged.
(2) Prosecution – May not prove the bad moral Evidence of the witness’ good character is not
character of the accused, except in rebuttal. admissible until such character has been
(3) Offended Party – His/her good or bad moral impeached. [Sec. 14, Rule 130]
character may be proved if it tends to establish
in any reasonable degree the probability or
improbability of the offense charged.

Good moral character of accused


The purpose of presenting evidence of good
moral character is to prove the improbability of
his doing the act charged. The accused may prove
his good moral character only if it is pertinent to
the moral trait involved in the offense charged.
[Herrera]
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F. OFFER AND OBJECTION The provisions of the ROC on the inclusion on


appeal of documentary evidence or exhibits in the
F.1. OFFER OF EVIDENCE records, cannot be stretched as to include such
pleadings or documents not offered at the
hearing of the case [Candido v. CA, G.R. No.
GENERAL RULE: Court shall consider no evidence
107493 (1996)]
which has not been formally offered. [Sec. 34,
Rule 132]
When Formal Offer is NOT Required
(1) In a summary proceeding because it is a
Purpose: The purpose for which the evidence is
proceeding where there is no full-blown trial;
offered must be specified.
(2) Documents judicially admitted or taken
EXCEPTION: judicial notice of;
Evidence not formally offered may be admissible (3) Documents, affidavits, and depositions used
when two essential conditions concur: in rendering a summary judgment;
(1) the same must have been duly identified by (4) Documents or affidavits used in deciding
testimony duly recorded and, quasi-judicial or administrative cases
(2) the same must have been incorporated in the [Bantolino v. Coca Cola Bottlers, G.R. No.
records of the case. [Mato v. CA, 320 Phil. 344 153660 (2003)]
(1995)] (5) Lost objects previously marked, identified,
described in the record, and testified to by
As Distinguished from Identification of witness who had been subjects of cross-
Documentary Evidence [Interpacific Transit v. examination in respect to said objects
Aviles, G.R. No. 86062 (1990)] [Tabuena v. CA, G.R. No. 85423 (1991), citing
Identification of People v. Napat-a, G.R. No. 84951 (1989)]
Formal Offer of [Riano]
Documentary
Evidence (6) When duly identified in a testimony duly
Evidence
Done in the course of recorded and it was incorporated in the
the trial and Done only when the records of the case [Vda de Oate v. Court of
accompanied by the party rests his/her Appeals, G.R. No. 116149 (1995)]
marking of the case
The Republic offered the negotiated contracts
evidence
solely to prove that the Bakunawas had been
Why Formal Offer is Necessary incorporators or owners, or had held key positions
There is a need for a formal offer of evidence in the corporations that entered into the
because without such offer, the court cannot contracts. The Sandiganbayan correctly ruled,
determine whether the evidence is admissible or therefore, that the contracts could be considered
not. [Riano] and appreciated only for those stated purposes,
not for the purpose of proving the irregularity of
No evidentiary value can be given to pieces of the contracts. Evidence can be considered only
evidence not formally offered. [Dizon v. CTA, G.R. for the purposes it was specifically offered.
No. 140944 (2008)] [Republic v Reyes-Bakunawa, G.R. No. 180418
(2013)]
However, where the absence of an offer of a
testimonial evidence was not objected to as when Waiver of Right to Make Formal Offer
the witness was cross-examined by the adverse It is deemed waived by a party if it fails to submit
party despite failure to make an offer of the within a considerable period of time its formal
testimony, the court must consider the testimony.
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offer. [Heirs of Pasag v. Parocha, G.R. No. 155483 The defect caused by the absence of formal offer
(2007)) of exhibits can be cured by the identification of
the exhibits by testimony duly recorded and the
In this case, the court did not allow the petitioners incorporation of the said exhibits in the records of
to present their formal offer 10 years after resting the case. [People v. Mate, G.R. No. L-34754 (1981)]
its case. In an earlier case of Constantino v. CA
[G.R. No. 116018 (1996)], the Court did not allow The defendant cannot offer his evidence before
a formal offer even only after three months the plaintiff has rested. [Herrera, citing Engersail
because such would, “condone an inexcusable v. Malabon Sugar Co., 53 Phil. 7450]
laxity if not non-compliance with a court order
which, in effect, would encourage needless F.3. OBJECTION
delays and derail the speedy administration of [Sec. 36, Rule 132]
justice.”
CONCEPT
F.2. WHEN TO MAKE AN OFFER The party has a right to object to evidence which
[Sec. 35, Rule 132] he considers not admissible under the complaint,
Kind of evidence When to offer even if the questions were asked by the judge.
At the time the witness is [Francisco]
Testimonial
called to testify
Documentary After the presentation of a When a party desires the court to reject the
and Object party’s testimonial evidence evidence offered, he must so state in the form of
objection. Without such objection, he cannot
The party who terminated the presentation of raise the question for the first time on appeal.
evidence must make an oral offer of evidence on [People v. Diaz, G.R. No. 197818 (2015))
the very day the party presented the last witness.
Manner
Otherwise, the court may consider the party’s
documentary or object evidence waived. [Heirs of
Excluding inadmissible evidence
Pasag v. Sps. Parocha, G.R. No. 155483 (2007)]
(1) One has to object to inadmissible evidence;
(2) The objection must be timely made; and
Manner of Offer
(3) The grounds for the objection must be
GENERAL RULE: Offer shall be done orally
specified. [Herrera]
EXCEPTION: Allowed by the court in writing
Purposes Of Objection [Riano]
(1) Made to keep out inadmissible evidence that
While the trial court may allow the offer to be
would cause harm to client’s cause (rules of
done in writing, this can only be tolerated in
evidence are not self-operating);
extreme cases where the object evidence or
(2) To protect the record (for future appeal);
documents are large in number––say from 100
(3) To protect witness from being embarrassed or
and above, and only where there is unusual
harassed;
difficulty in preparing the offer.
(4) To expose adversary’s unfair tactics;
Absence of an offer is a defect which is waived (5) To give trial court an opportunity to correct its
when a party fails to object when the ground own errors and at the same time warn the
became reasonably apparent, as when the court that a ruling adverse to the objector may
witness is called to testify without any prior offer. supply a reason to invoke a higher court’s
[Catuira v. CA, G.R. No. 105813 (1994)] appellate jurisdiction; and
(6) To avoid a waiver of inadmissibility.

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Objections must be specific enough to This is why objection to the documentary


adequately inform the court the rule of evidence evidence must be made at the time it is formally
or of substantive law that authorizes the offered, and not earlier. [Republic v.
exclusion of evidence [Riano] Sandiganbayan, G.R. No. 188881 (2014)]

Classification Of Objections Objection to a question propounded in the course


of the oral examination of a witness shall be
General Objections made as soon as the ground therefor becomes
Do not clearly indicate to the judge the ground reasonably apparent. [Bayani v. People, G.R. No.
upon which the objections are predicated. In 155619 (2007)]
cases where the incompetency of the evidence is
so palpable that a mere general objection is Waiver Of Objection
deemed sufficient and where the portion of the When the party should have objected but did not.
evidence objected to is clearly pointed out, and its The failure to point out a defect, irregularity or
illegality is apparent on its face, then the wrong in the admission or exclusion of evidence.
objection must be allowed. [Riano] [Riano]

Specific Objection Effect of waiver


States why or how the evidence is irrelevant or A waiver of objection should not be construed as
incompetent. an admission that the evidence is credible. The
scope of the waiver is only either on the relevance
Formal Objection or competence of the evidence. [Riano]
Directed against the alleged defect in the
formulation of the question Although hearsay evidence may be admitted
because of lack of objection, it is nonetheless
Substantive without probative value, unless the proponent
Made and directed against the very nature of the can show that the evidence falls within the
evidence exception to the hearsay evidence rule. [Bayani v.
People, G.R. No. 155619 (2007)]
When To Object
What to object to When to object F.4. REPETITION OF AN OBJECTION
Evidence offered
Immediately after [Sec. 37, Rule 132]
orally (testimonial A court may, motu proprio, treat the objection as
offer is made
evidence) a continuing one. [Keller v. Ellerman & Bucknall
A question Steamship, G.R. No. L-12308 (1918)]
As soon as the
propounded in the
grounds become
course of oral An objection must be seasonably made at the
reasonably apparent
examination time it is formally offered. Objection prior to the
Within 3 days after formal offer is premature and could not be
notice of the offer, considered by the Court as basis for a continuing
Offer of evidence done
unless a different one. [Interpacific Transit v. Aviles, G.R. No. 86062
in writing
period is allowed by (1990)]
the court
The grounds for objection must be specified in F.5. RULING
any case. [Sec. 38, Rule 132]

The issue of the admissibility of documentary


evidence arises only upon formal offer thereof.
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GENERAL RULE: Parties who offer objections to The ruling on an objection must be given
questions on whatever ground are entitled to a immediately after an objection is made. However,
ruling at the time the objection is made. objections based on irrelevancy and
immateriality need no specification or
EXCEPTION: Unless they present a question with explanation. Relevancy or materiality of evidence
regard to which the court desires to inform itself is a matter of logic, since it is determined simply
before making its ruling. by ascertaining its logical connection to a fact in
issue in the case. [Cruz-Arevalo v. Querubin-
In that event it is perfectly proper for the court to Layosa, AM No. RTJ-06-2005 (2006)]
take a reasonable time to study the question
presented by the objection; but a ruling should F.6. STRIKING OUT AN ANSWER
always be made during the trial. [Lopez v. Valdez,
[Sec. 39, Rule 132]
G.R. No. L-9113 (1915)]
Motion To Strike
A reasonable time must not extend beyond the A motion to strike out goes to admissibility and
ninety (90)-day reglementary period from the not to weight; evidence should not be stricken out
date of submission of the formal offer of evidence because of its little probative value. [Herrera]
[Beltran v. Paderanga, AM No. RTJ-03-1747
(2003)] (1) Court may sustain an objection and order the
answer given to be stricken off the record if:
The reason for sustaining or overruling an (a) witness answers the question before the
objection need not be stated. However, if the adverse party had the opportunity to object,
objection is based on two or more grounds, a and
ruling sustaining the objection on one or some of (b) such objection is found to be meritorious.
them must specify the ground/s relied upon. (2) The court may also, upon motion, order the
striking out of answers, which are
Reservation of a ruling by the court on an
(a) incompetent,
objection to the admissibility of evidence, without
(b) irrelevant or
subsequently excluding the same, amounts to a
(c) otherwise improper.
denial of an objection. [People v. Tavera, G.R. No.
L-23172 (1925)) Other cases when motion to strike is proper
(1) When the answer of the witness is
Por Lo Que Puedo Valer Principle
unresponsive;
The Supreme Court encourages the admission or
(2) When the witness becomes unavailable for
borderline evidence for whatever it is worth or por
cross-examination through no fault of the
lo que puedo valer. [Prats & Co. v. Phoenix
cross-examining party;
Insurance, 52 Phil. 807 (1930))
(3) When the testimony is allowed conditionally
and the condition for its admissibility was not
No Express Ruling Needed
fulfilled; [Riano]
The trial court need not make an express ruling
(4) Where evidence has been properly received,
admitting the exhibits if there is no objection
and its effect has been destroyed by other
interposed to their admission. [Herrera, citing
evidence, or its admissibility has afterward
Boix v. Rivera, CA Rep. 2d 104]
become apparent; [Herrera]
The ruling of the court is required only when there
Motion to strike out should specify objection
is an objection to a question or to the admission
A motion to strike out should specify the objection
of an exhibit. [Herrera]
as well as the portion of the evidence which is
objected to. [Herrera]
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Offeror may state for the


F.7. Tender of Excluded Evidence record the name and other
[Sec. 40, Rule 132] Testimonial personal circumstances of the
The procedure in Section 40 is known as offer of
witness and the substance of
proof or tender of excluded evidence and is made
the proposed testimony
for purposes of appeal. If an adverse judgment is
eventually rendered against the offeror, he may in Rationale
his appeal assign as error the rejection of the (1) to allow the court to know the nature of the
excluded evidence. The appellate court will testimony or the documentary evidence and
better understand and appreciate the convince the trial judge to permit the evidence
assignment of error if the evidence involved is or testimony; and
included in the record of the case [Cruz-Arevalo v. (2) even if he is not convinced to reverse his earlier
Querubin-Layosa, AM No. RTJ-06-2005 (2006)] ruling, the tender is made to create and
preserve a record for appeal [Riano]
If an exhibit sought to be presented in evidence is
rejected, the party producing it should ask the Two Methods of making the Tender: [Riano]
courts permission to have the exhibit attached to (1) Where the counsel tells the court what the
the record. Any evidence that a party desires to proposed testimony would be;
submit for the consideration of [a higher] court (2) By using the question and answer form
must be formally offered by him otherwise it is
excluded and rejected and cannot even be taken Erroneous Way of Making Tender
cognizance of on appeal. [Catacutan v. People, To make a mere general “offer of proof” without
G.R. No. 175991 (2011)] producing the witness or stating the evidence
where by the fact in issue is to be proved. [Riano]
Before tender of excluded evidence is made, the
evidence must have been formally offered before The SC had advised trial courts to allow the
the court. And before formal offer of evidence is rejected [documentary] evidence to be attached
made, the evidence must have been identified to the record to enable the appellate court to
and presented before the court [Yu v. CA, G.R. No. examine the same and determine whether the
154115 (2005)] exclusion of the same was proper or not. [Herrera,
citing Banez v. CA, G.R. No. L-30351 (1974)]
Documents marked as exhibits during the
hearing but which were not formally offered in Harmless error rule [People v. Teehankee, G.R. No.
evidence cannot be considered as evidence nor 111206 (1995)]
shall they have evidentiary value. [Vda. De Flores In dealing with evidence improperly admitted in
v. Workmen’s Compensation Commission, G.R. No. trial, we examine its damaging quality and its
L-43316 (1977)] impact to the substantive rights of the litigants. If
the impact is slight and insignificant, we
How To Tender Evidence disregard the error as it will not overcome the
Kind of How to tender the evidence weight of the properly admitted evidence against
evidence the prejudiced party.
Offeror may have the same
Documentary attached or made part of the
record

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REMEDIAL LAW
SPECIAL LAWS

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[Sec. 6]
VII. REVISED RULES ON If defendant fail to answer the complaint within
SUMMARY PROCEDURE the period provided, court (motu proprio or on
motion of plaintiff) shall render judgment

A. CASES COVERED BY THE RULE The judgment:


Rule shall govern the summary procedure in the • As may be warranted by the facts alleged in
MTC, MTC in Cities, MCTC in the following cases the complaint and
falling within their jurisdiction: [Sec. 1] (2) Limited to what is prayed for
Civil Cases The court may in its discretion reduce the amount
(1) Cases of forcible entry and unlawful detainer
of damages and attorney’s fees claimed for being
(1) Irrespective of the amount of damages or
excessive or unconscionable without prejudice to
unpaid rentals sought to be recovered
the applicability of Sec. 4, Rule 18 ROC, if there
(b) Where attorney’s fees are awarded, it
are 2 or more defendants
shall not exceed P20,000
(2) All other civil cases where total amount of
C. PRELIMINARY CONFERENCE AND
plaintiff’s claim does not exceed P100,000 or APPEARANCES OF PARTIES
P200,000 in Metropolitan Manila, exclusive
of interest and costs [Sec. 7]
EXCEPT: probate proceedings A preliminary conference shall be held not later
than 30 days after the last answer is filed.
Criminal Cases
(1) Traffic laws, rules, and regulations violation Rules on pre-trial in ordinary cases shall be
(2) Rental law violations applicable unless inconsistent with the provisions
(3) Municipal or city ordinance violations of this Rule
(4) All other criminal cases where penalty
prescribed by law for offense charged is Failure of plaintiff to appear in preliminary
conference
imprisonment not exceeding 6 months and/or
(1) Cause for dismissal of complaint
a fine not exceeding P1,000
(2) Defendant who appears in the absence of
(1) Irrespective of other imposable penalties,
plaintiff shall be entitled to judgment on his
accessory or otherwise, or of civil liability
counterclaim in accordance with Sec. 6
arising therefrom
(3) All cross-claims shall be dismissed
(2) In offenses involving damage to property
through criminal negligence, this rule shall If sole defendant shall fail to appear
govern where imposable fine does not exceed (1) Plaintiff entitled to judgment in accordance
P10,000 with Sec. 6
(2) Rule shall not apply where one of 2 or more
Where Rule Shall Not Apply
defendants sued under a common cause of
(1) To a civil case where plaintiff’s cause of action
action who had pleaded a common defense
is pleaded in the same complaint with
shall appear at preliminary conference
another cause of action subject to ordinary
procedure
(2) To a criminal case where offense charged is
necessarily related to another criminal case
subject to ordinary procedure

B EFFECT OF FAILURE TO ANSWER

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VIII. RULES OF calendar year regardless of judicial station. [Sec.


6]
PROCEDURE FOR Plaintiffs engaged in the aforementioned
SMALL CLAIMS CASES businesses who have a branch within the
municipality/city where the defendant resides
[AM No. 08-8-7-SC, effective February 2016]
must file the Statement of Claim/s in such
A. SCOPE AND APPLICABILITY OF THE municipality/city. Other plaintiffs are subject to
RULE the regular rules on venue. [Sec. 7]

This Rule shall govern the procedure in actions If a plaintiff who is engaged in the
before the MeTC, MTC in Cities, MTC and MCTC aforementioned businesses but misrepresents
for payment of money where the value of the that he/she/it is not engaged in them, then the
claim does not exceed P200,000 exclusive of Statement of Claim/s shall be dismissed with
interest and costs. [Sec. 2] prejudice; the plaintiff shall be meted the
appropriate sanctions, such as direct contempt.
This Rule is applicable in all actions which are [Sec. 11]
purely civil in nature where the claim or relief
prayed for by the plaintiff is solely for payment or Attachments to the Statement of Claim: [Sec. 6]
reimbursement of sum of money. [Sec. 5] (1) Certification of Non-forum Shopping,
Splitting a Single Cause of Action, and
These claims or demands may be;
Multiplicity of Suits
(1) For money owned under any of the following; (2) Two (2) duly certified photocopies of the
(a) Contract of Lease; actionable document/s subject of the claim
(b) Contract of Loan; (3) Affidavits of witnesses and other evidence to
(c) Contract of Services; support the claim
(d) Contract of Sale; or
(e) Contract of Mortgage; NOTE: No evidence shall be allowed during the
(2) For liquidated damages arising from hearing which was not attached to or submitted
contracts; together with the Claim. UNLESS good cause is
(3) The enforcement of a barangay amicable shown for admission of additional evidence. [Sec.
settlement or an arbitration award involving 6]
a money claim covered by this Rule pursuant
to Sec. 417, LGC. No formal pleading, other than the Statement of
Claim, is necessary to initiate a small claims
B. COMMENCEMENT OF SMALL CLAIMS action. [Sec. 6]
ACTION; RESPONSE
Payment Of Filing Fees [Sec. 10]
How commenced
By filing with the court an accomplished and GENERAL RULE: The prescribed legal fees
verified STATEMENT OF CLAIM in duplicate [Sec. prescribed under Rule 141 of the Rules of Court
6] must be paid by the plaintiff

NOTE: The plaintiff must state in the Statement EXCEPTION: Plaintiff may be allowed to litigate
of Claim if he/she/it is engaged in the business of as an indigent.
lending, banking and similar activities, and the
number of small claims cases filed within the Any exemption from the payment of filing fees
shall be granted only by the SC.

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On the other hand, if a case is filed under


If a claim is filed with a motion to sue as an Summary or Regular procedure but actually falls
indigent under the Rules on Small Claims – the case shall
It shall be referred to the Executive Judge for be referred to the Executive Judge for appropriate
immediate action in case of multi-sals courts. If assignment.
the motion is granted, the case shall be raffled off
or assigned to the court designated to hear small Response
claims cases. If the motion is denied, the plaintiff If no ground for dismissal is found, the court shall
shall be given 5 days within which to pay the issue Summons directing defendant to submit a
docket fees – otherwise the case shall be verified response. [Sec. 12]
dismissed without prejudice.
The defendant shall file with the court and serve
In no case shall any party – even one declared an on the plaintiff a duly accomplished and verified
indigent – be exempt from the payment of the Response within a non - extendible period of ten
1,000 fee for service of summons and processes. (10) days from receipt of summons. [Sec. 13]

If more than 5 claims are filed by one party within Attachments (To Response):
the calendar year, additional filing fees shall be (1) Certified photocopies of documents
paid (2) Affidavits of witnesses
(1) P500 for every claim filed after the 5th claim; (3) Evidence in support [Sec. 13]
and,
(2) An additional P100 (or a total of P600) for GENERAL RULE: No evidence shall be allowed
every claim filed after the 10th claim; and, during hearing which was not attached or
(3) Another additional P100 (or a total of P700) submitted together with the Response.
for every claim filed after the 15th claim,
progressively and cumulatively. EXCEPTION: Unless good cause is shown for the
admission of additional evidence [Sec. 13]
Dismissal [Sec. 11]
After examination of allegations of the Claim, Should the defendant fail to file his response
and such evidence attached thereto – the court within the required period, and likewise fail to
may dismiss outright the case for any of the appear on the date set for hearing – the court by
grounds apparent for the dismissal of a civil itself shall render judgment as may be warranted
action. by the facts alleged in the Statement of claim.
[Sec. 14]
During the hearing, the court may, by itself,
dismiss the case if it is able to determine that Should the defendant fail to file his response
there exists a ground for dismissal of the within the required period, but appears on the
Statement of Claim/s – even if such ground is not date set for hearing – the court shall ascertain
pleaded in the defendant’s Response. what defense he/she/it has to offer which shall
constitute his/her/its Response, and proceed to
If the case does not fall under the Rules on Small hear or adjudicate the case on the same day as if
Claims, but instead falls under Summary or a Response has been filed. [Sec. 14]
Regular procedure, the case shall not be
dismissed – instead it shall be re-docketed under NOTE: The following is not expressly provided in
the appropriate procedure, and returned to the the section: “The court may, in its discretion,
court where it was assigned (subject to the reduce the amount of damages for being
payment of any deficiency in filing fees). excessive or unconscionable.”

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C. PROHIBITED PLEADINGS AND present shall be entitled to judgment on


MOTIONS permissive counterclaim.
[Sec. 16] (2) If defendant fails to appear – same effect as
The following pleadings, motions, and petitions failure to file Response.
shall not be allowed in the cases covered by this (3) If both plaintiff and defendant fail to appear
Rule: – dismissal with prejudice of both the
(1) Motion to dismiss the compliant except on Statement of Claim and the Counterclaim.
the ground of lack of jurisdiction; [Sec. 20]
(2) Motion for a bill of particulars;
(3) Motion for new trial, or for reconsideration of E. HEARING; DUTY OF THE JUDGE
a judgment, or for reopening of trial; At the beginning of the court session, the judge
(4) Petition for relief from judgment; shall read aloud a short statement explaining the
(5) Motion for extension of time to file pleadings, nature, purpose and the rule of procedure of
affidavits, or any other paper; small claims cases. [Sec. 22]
(6) Memoranda;
(7) Petition for certiorari, mandamus, or At the hearing, the judge shall first exert efforts to
prohibition against any interlocutory order bring the parties to an amicable settlement of
issued by the court; their dispute. [Sec. 23]
(8) Motion to declare the defendant in default;
(9) Dilatory motions for postponement; If the attempt at an amicable settlement fails, the
(10) Reply and Rejoinder; hearing shall so proceed in an informal and
(11) Third-party complaints; and expeditious manner and shall be terminated
(12) Interventions. within the same day. [Sec. 23]

D. APPEARANCES Any settlement or resolution of the dispute shall


be:
The parties shall appear at the designated date
(1) Reduced into writing;
of hearing personally or through a representative
(2) Signed by the parties; and,
authorized under a Special Power of Attorney to:
(3) Submitted to the court for approval.
(1) Enter into an amicable settlement; and,
(2) Enter into stipulations or admissions of facts F. FINALITY OF JUDGMENT
and of documentary exhibits [Sec.18]
After the hearing, the court shall render its
NOTE: There must be a valid cause to bring about decision within 24 hours from termination of the
the necessity of sending a representative. hearing, based on the facts established by the
evidence.
No attorney shall appear in behalf of or represent
a party at the hearing, unless the attorney is the The decision shall immediately be entered by the
plaintiff or defendant. [Sec. 19] Clerk of Court in the court docket for civil cases
and a copy thereof forthwith served on the
Failure to Appear parties.
(1) If plaintiff fails to appear – it shall be a cause
for dismissal without prejudice. Defendant The decision shall be final, executory, and
unappealable. [Sec. 24]
The decision shall be final, executory and
unappealable [Sec. 24]

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IX. RULES OF orders, proclamations and issuances


establishing protected areas;
PROCEDURE FOR (14) R.A. No. 7611, Strategic Environmental Plan
for Palawan Act;
ENVIRONMENTAL (15) R.A. No. 7942, Philippine Mining Act;
(16) R.A. No. 8371, Indigenous Peoples Rights
CASES Act;
[A.M. No. 09-6-8-SC] (17) R.A. No. 8550, Philippine Fisheries Code;
(18) R.A. No. 8749, Clean Air Act;
A. SCOPE AND APPLICABILITY OF THE (19) R.A. No. 9003, Ecological Solid Waste
RULE Management Act;
These Rules shall govern the procedure in (20) R.A. No. 9072, National Caves and Cave
(1) civil, Resource Management Act;
(2) criminal and (21) R.A. No. 9147, Wildlife Conservation and
(3) special civil actions Protection Act;
(22) R.A. No. 9175, Chainsaw Act;
Involving enforcement or violations of (23)R.A. No. 9275, Clean Water Act;
environmental and other related laws, rules and (24) R.A. No. 9483, Oil Spill Compensation
regulations such as but not limited to the Act of 2007; and
following: (25) Provisions in C.A. No. 141, The Public
(1) Act No. 3572, Prohibition Against Cutting of Land Act; R.A. No. 6657, Comprehensive
Tindalo, Akli, and Molave Trees; Agrarian Reform Law of 1988; R.A. No. 7160,
(2) P.D. No. 705, Revised Forestry Code; Local Government Code of 1991; R.A. No. 7161,
(3) P.D. No. 856, Sanitation Code; Tax Laws Incorporated in the Revised
(4) P.D. No. 979, Marine Pollution Decree; Forestry Code and Other Environmental Laws
(5) P.D. No. 1067, Water Code; [Amending the NIRC]; R.A. No. 7308, Seed
(6) P.D. No. 1151, Philippine Environmental Industry Development Act of 1992; R.A. No.
Policy of 1977; 7900, High-Value Crops Development
(7) P.D. No. 1433, Plant Quarantine Law of 1978; (26) Rules of Procedure for Environmental
(8) P.D. No. 1586, Establishing an Environmental Cases Act; R.A. No. 8048, Coconut
Impact Statement System Including Other Preservation Act; R.A. No. 8435, Agriculture
Environmental Management Related and Fisheries Modernization Act of 1997; R.A.
Measures and for Other Purposes; No. 9522, The Philippine Archipelagic
(9) R.A. No. 3571, Prohibition Against the Cutting, Baselines Law; R.A. No. 9593, Renewable
Destroying or Injuring of Planted or Growing Energy Act of 2008; R.A. No. 9637, Philippine
Trees, Flowering Plants and Shrubs or Plants Biofuels Act; and other existing laws that
of Scenic Value along Public Roads, in Plazas, relate to the conservation, development,
Parks, School Premises or in any Other Public preservation, protection and utilization of the
Ground; environment and natural resources. [Rule 1,
(10) R.A. No. 4850, Laguna Lake Development Sec. 3]
Authority Act;
(11) R.A. No. 6969, Toxic Substances and B. CIVIL PROCEDURE
Hazardous Waste Act; Who May File
(12) R.A. No. 7076, People’s Small-Scale Mining Any real party in interest, including the
Act; government and juridical entities authorized by
(13) R.A. No. 7586, National Integrated Protected law, may file a civil action involving the
Areas System Act including all laws, decrees,
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enforcement or violation of any environmental Referral/Assignment by raffle to branch of


law. [Rule 2, Sec.4] court

Citizen Suit – Any Filipino citizen in representation Issuance of Temporary Environmental
of others, including minors or generations yet Protection Order [TEPO], when proper,
unborn, may file an action to enforce rights or effective for 72 hours from receipt and, during
obligations under environmental laws. Upon the the same period, conduct of a summary
filing of a citizen suit, the court shall issue an hearing for the extension of the effectivity of
order which shall contain a brief description of the TEPO
the cause of action and the reliefs prayed for, 
requiring all interested parties to manifest their Service of Summons
interest to intervene in the case within fifteen

days from notice thereof. The plaintiff may
Filing of verified Answer within 15 days from
publish the order once in a newspaper of a
receipt of summons
general circulation in the Philippines or furnish all
affected barangays copies of said order. 
Citizen suits filed under R.A. 8749 (Clean Air Issuance of Notice of Pre-trial within 2 days
Act) and R.A. 9003 (Ecological Solid Waste from filing of Answer
Management Act) shall be governed by their 
respective provisions. [Rule 2, Sec. 5] Submission of Pre-Trial briefs 3 days before
pre-trial
Prohibition Against Temporary Restraining Order 
and Preliminary Injunction Referral to Mediation, Mediation and
Except the Supreme Court, no court can issue a Mediation Report
TRO or writ of preliminary injunction against 
lawful actions of government agencies that Preliminary Conference
enforce environmental laws or prevent violations 
thereof. [Rule 2, Sec. 10] Pre-trial Conference/s

Where the issuance of a TEPO is premised on the
Pre-trial Order
violation of an environmental law or a threatened

damage or injury to the environment by any
person, even the government and its agencies, Continuous Trial
the prohibition against the issuance of a TRO or 
preliminary injunction is premised on the Judgment and Execution
presumption of regularity on the government and
its agencies in enforcing environmental laws and Temporary Environmental Protection Order
protecting the environment. [Annotation to the (TEPO)
Rules of Procedure for Environmental Cases,
Supreme Court Sub-Committee] Ground for Issuance
If it appears from the complaint that—
Procedure (1) the matter is of extreme urgency and
Filing of verified Complaint accompanied by (2) the applicant will suffer grave injustice and
(1) documents, affidavits, and/or objects to irreparable injury [Rule 2, Sec. 8]
prove cause of action and
(2) certification against forum shopping Period of Effectivity

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Seventy-two (72) hours from date of the receipt of protect the right of the people to a balanced and
the TEPO by the party or person enjoined [Rule 2, healthful ecology.
Sec. 8]
Evidence not presented during the pre-trial,
Duty of Court except newly-discovered evidence, shall be
The court where the case is assigned, shall deemed waived. [Rule 3, Sec.5]
periodically monitor the existence of acts that are
the subject matter of the TEPO even if issued by Consent decree – refers to a judicially-approved
the executive judge, and may lift the same at any settlement between concerned parties based on
time as circumstances may warrant. [Rule 2, Sec. public interest and public policy to protect and
8] preserve the environment. [Rule 1, Sec. 4(b)]

The judge shall report any action taken on a TEPO, Prohibited Pleadings And Motions
EPO, TRO or a preliminary injunction, including The following pleadings or motions shall not be
its modification and dissolution, to the Supreme allowed:
Court, through the Office of the Court (1) Motion to dismiss the complaint;
Administrator, within ten days from the action (2) Motion for a bill of particulars;
taken. [Rule 2, Sec. 11] (3) Motion for extension of time to file pleadings,
except to file answer, the extension not to
Ground to Dissolve TEPO exceed fifteen days;
A TEPO may be dissolved if it appears after (4) Motion to declare the defendant in default;
hearing that its issuance or continuance would (5) Reply and rejoinder; and
cause irreparable damage to the party or person (6) Third party complaint. [Rule 2, Sec. 2]
enjoined while the applicant may be fully
compensated for such damages as he may suffer Period To Try And Decide
and subject to the posting of a sufficient bond by The court shall have a period of one year from the
the party or person enjoined. [Rule 2, Sec. 9] filing of the complaint to try and decide the case.
Before the expiration of the one-year period, the
Declaration Of Default Motu Proprio court may petition the Supreme Court for the
Should the defendant fail to answer the extension of the period for justifiable cause.
complaint within the period provided, the court
shall declare defendant in default and upon The court shall prioritize the adjudication of
motion of the plaintiff, shall receive evidence ex environmental cases. [Rule 4, Sec. 5]
parte and render judgment based thereon and
the reliefs prayed for. [Rule 2, Sec. 15] B.1. JUDGMENT AND EXECUTION; RELIEFS IN
A CITIZEN SUIT
Pre-Trial Conference; Consent Decree
The judge shall put the parties and their counsels Judgment Not Stayed By Appeal
under oath, and they shall remain under oath in Any judgment directing the performance of acts
all pre-trial conferences. for the protection, preservation or rehabilitation
of the environment shall be executory pending
The judge shall exert best efforts to persuade the appeal unless restrained by the appellate court.
parties to arrive at a settlement of the dispute. [Rule 5, Sec. 2]
The judge may issue a consent decree approving
the agreement between the parties in accordance Reliefs In A Citizen Suit
with law, morals, public order and public policy to If warranted, the court may grant to the plaintiff
proper reliefs which shall include—

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(1) the protection, preservation or rehabilitation detailing the progress of the execution and
of the environment and satisfaction of the judgment. The other party may,
(2) the payment of attorney’s fees, costs of suit at its option, submit its comments or
and other litigation expenses observations on the execution of the judgment.
[Rule 5, Sec.3]
The court may also require the violator
(1) to submit a program of rehabilitation or B.3. STRATEGIC LAWSUIT AGAINST PUBLIC
restoration of the environment, the costs of PARTICIPATION (SLAPP)
which shall be borne by the violator or SLAPP – refers to a legal action filed to harass,
(2) to contribute to a special trust fund for that vex, exert undue pressure or stifle any legal
purpose subject to the control of the court recourse that any person, institution or the
[Rule 5, Sec. 1] government has taken or may take in the
enforcement of environmental laws, protection of
No Damages Can Be Awarded In A Citizen Suit the environment or assertion of environmental
This measure is in line with the policy that a rights. [Rule 6, Sec. 1]
citizen suit is filed in the public interest, and in
effect, it is the environment which is vindicated in The SLAPP provisions apply not only to suits that
the action. The only recourse of a party or person have been filed in the form of a countersuit, but
who wishes to recover damages for injury also to suits that are about to be filed with the
suffered is to file a separate action under Sec. 4, intention of discouraging the aggrieved person
Rule 2. [Annotation to the Rules of Procedure for from bringing a valid environmental complaint
Environmental Cases, Supreme Court Sub- before the court.
Committee]
Illustrations:
B.2. PERMANENT ENVIRONMENTAL (1) X files a complaint in an environmental case
PROTECTION ORDER; WRIT OF CONTINUING against A [violator of environmental laws]
MANDAMUS
and the A retaliates by filing a complaint for
In the judgment, the court may— damages against X;
a) convert the TEPO to a permanent EPO OR (2) X is a witness in a pending environmental
b) issue a writ of continuing mandamus case against A and A retaliates by filing a
directing the performance of acts which shall complaint for damages or libel against X; or
be effective until the judgment is fully (3) X is an environmental advocate who rallies
satisfied [Rule 5, Sec. 3] for the protection of environmental rights and
a complaint for damages is filed against him
Continuing mandamus by A. [Annotation to the Rules of Procedure for
A writ issued by a court in an environmental case Environmental Cases, Supreme Court Sub-
directing any agency or instrumentality of the Committee]
government or officer thereof to perform an act or
series of acts decreed by final judgment which SLAPP as a Defense
shall remain effective until judgment is fully If the suit is a SLAPP, such may be raised as an
satisfied [Rule 1, Sec. 4(c)] affirmative defense in the Answer along with
other defenses.
The court may, by itself or through the
appropriate government agency, monitor the If SLAPP is interposed as a defense, it is
execution of the judgment and require the party mandatory for adverse party to file an Opposition
concerned to submit written reports on a [Rule 6, Sec. 2]
quarterly basis or sooner as may be necessary,

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The hearing on the defense of a SLAPP shall be property of inhabitants in two or more cities or
summary in nature and shall be resolved within provinces. [Rule 7, Sec.1]
30 days after the summary hearing [Rule 6, Secs.
3 & 4] Where to File
The petition shall be filed with the Supreme Court
Quantum of Evidence or with any of the stations of the Court of Appeals.
Party asserting that claim is a SLAPP must prove [Rule 7, Sec.3]
such with substantial evidence.
Procedure
If the court finds a SLAPP defense valid, the Filing of verified Petition with Certificate
plaintiff is required to prove the following: Against Forum Shopping
(1) that the case is not a SLAPP; and 
(2) the merits of the case Issuance of Writ of Kalikasan within 3 days
with preponderance of evidence. [Rule 6, Sec.3] from filing of petition

Service of the Writ
Resolution of the Defense of a Slapp

(1) If action is dismissed, dismissal is with
Filing of a verified Return within a non-
prejudice
extendible period of ten [10] days after
(2) If defense is rejected, action will proceed and
service of the writ
evidence adduced during the summary
hearing shall be treated as evidence of the 
parties on the merits of the case [Rule 6, Sec. Hearing [Court may call for preliminary
4] conference]

C. SPECIAL CIVIL ACTIONS Judgment

Prohibited Pleadings and Motions


C.1. WRIT OF KALIKASAN
The following pleadings and motions are
prohibited:
Who May File (1) Motion to dismiss;
(1) natural or juridical person, (2) Motion for extension of time to file return;
(2) entity authorized by law, (3) Motion for postponement;
(3) people’s organization, non-governmental (4) Motion for a bill of particulars;
organization, or any public interest group (5) Counterclaim or cross-claim;
accredited by or registered with any (6) Third-party complaint;
government agency, on behalf of persons (7) Reply; and
whose constitutional right to a balanced and (8) Motion to declare respondent in default.
healthful ecology is violated…involving [Rule 7, Sec. 9]
environmental damage of such magnitude as
to prejudice the life, health or property of Discovery Measures
inhabitants in two or more cities or provinces. The following discovery measures are available to
all parties to the writ:
Acts Covered By The Writ (1) Ocular Inspection
Unlawful act or omission of a public official or (2) Production or inspection of documents and
employee, or private individual or entity, things [Rule 7, Sec.12]
involving environmental damage of such
magnitude as to prejudice the life, health or
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The motion must show that a production order is b) unlawfully excludes another from the use
necessary to establish the magnitude of the or enjoyment of such right
violation or the threat as to prejudice the life, (2) there is no other plain, speedy and adequate
health or property of inhabitants in two or more remedy in the ordinary course of law [Rule 8,
cities or provinces. Sec.1]

Ocular Inspection Where to File


Purpose (1) Regional Trial Court exercising
To order any person in possession or control of a jurisdiction over the territory where the
designated land or other property to permit entry actionable neglect or omission occurred
for the purpose of inspecting or photographing (2) Court of Appeals
the property or any relevant object or operation (3) Supreme Court [Rule 8, Sec. 2]
thereon.
Procedure
Production or Inspection of Documents and File a verified Petition with prayer that
Things respondent be ordered to do an act or series
Purpose of acts until the judgment is fully satisfied,
To order any person in possession, custody or and to pay damages + Certification Against
control of any designated documents, papers, Forum Shopping
books, accounts, letters, photographs, objects or 
tangible things, or objects in digitized or Issuance of Writ of Continuing Mandamus
electronic form, which constitute or contain and Order to Comment
evidence relevant to the petition or the return, to 
produce and permit their inspection, copying or Filing of Comment within 10 days after
photographing by or on behalf of the movant. receipt of Order

Appeal
Summary Hearing
Within fifteen days from the date of notice of the
adverse judgment or denial of motion for 
reconsideration, any party may appeal to the Judgment
Supreme Court under Rule 45 of the Rules of 
Court. The appeal may raise questions of fact. Return of the Writ
[Rule 7, Sec. 16]
Distinctions Between Writ of Kalikasan and Writ of
C.2. WRIT OF CONTINUING MANDAMUS Continuing Mandamus
Kalikasan Continuing Mandamus
When Available Subject Matter
(1) An agency or instrumentality of the Available against Directed
government or officer thereof either: an unlawful against [a] the unlawful
a) unlawfully neglects the performance of act or omission of a neglect in the
an act which the law specifically enjoins public official or performance of an
as a duty resulting from an office, trust or employee, or act specifically enjoined
station in connection with the private individual or by law in connection
enforcement or violation of an entity, involving with the enforcement/
environmental law rule or regulation or a environmental violation of an envt’l rule
right therein or damage of such or [b] the unlawfully
magnitude as to exclusion of another

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Kalikasan Continuing Mandamus When a criminal action is instituted, the civil


prejudice the life, from the use or action for the recovery of civil liability arising from
health or property enjoyment of such right the offense charged, shall be deemed instituted
of inhabitants in and in both instances, with the criminal action unless the complainant
two or more cities or there is no other plain, waives the civil action, reserves the right to
provinces. speedy and adequate institute it separately or institutes the civil action
remedy in the ordinary prior to the criminal action.
course of law.
Who May File Unless the civil action has been instituted prior to
(1) natural and the criminal action, the reservation of the right to
juridical persons, (2) institute separately the civil action shall be made
entities authorized during arraignment.
by law, (3) POs,
NGOs, PIG, on In case civil liability is imposed or damages are
Person personally awarded, the filing and other legal fees shall be
behalf of
aggrieved by the
persons whose right imposed on said award in accordance with Rule
unlawful act or omission 141 of the Rules of Court, and the fees shall
to a balanced and
healthful ecology constitute a first lien on the judgment award. The
is violated or damages awarded in cases where there is no
threatened to be private offended party, less the filing fees, shall
violated accrue to the funds of the agency charged with
Respondent the implementation of the environmental law
May be public or violated. The award shall be used for the
Government or its restoration and rehabilitation of the environment
private individual or
officers adversely affected. [Rule 10, Sec. 1]
entity
Docket Fees
Exempted Exempted Arrest Without Warrant, When Valid
Venue (1) When, in his presence, the person to be
1] RTC exercising arrested has committed, is actually
SC or CA territorial jurisdiction, 2] committing or is attempting to commit an
CA, 3] SC offense; or
Discovery Measures
Ocular Inspection (2) When an offense has just been committed,
and Production or None and he has probable cause to believe based
Inspection Order on personal knowledge of facts or
circumstances that the person to be arrested
Damages
has committed it.
None Allowed
Individuals deputized by the proper government
agency who are enforcing environmental laws
D. CRIMINAL PROCEDURE
shall enjoy the presumption of regularity under
Who May File Section 3(m), Rule 131 of the Rules of Court when
(1) Offended party; effecting arrests for violations of environmental
(2) Peace officer; laws. [Rule 11, Sec.1]
(3) Public officer charged with the enforcement
of an environmental law [Rule 9, Sec. 1] D.1. STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION [SLAPP]
Institution of Criminal and Civil Action
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The manner by which to allege that a criminal and the concerned government agency. The
action is a SLAPP is through a motion to dismiss notice of auction shall be posted in three
rather than a motion to quash. A motion to conspicuous places in the city or municipality
dismiss allows the action to be challenged as a where the items, equipment, paraphernalia,
SLAPP, while a motion to quash is directed at the tools or instruments of the crime were seized.
Information. Moreover, granting a motion to (4) Disposition of Proceeds. The proceeds shall
dismiss bars the refiling of a SLAPP in accordance be held in trust and deposited with the
with the law of the case. In contrast, the grant of government depository bank for disposition
a motion to quash does not bar the filing of a according to the judgment. [Rule 12, Sec. 2]
subsequent Information. [Annotation to the Rules
of Procedure for Environmental Cases, Supreme BAIL
Court Sub-Committee] Written Undertaking by Accused
(1) To appear before the court that issued the
D.2. PROCEDURE IN THE CUSTODY AND warrant of arrest for arraignment purposes
DISPOSITION OF SEIZED ITEMS on the date scheduled, and if the accused
The applicable rules and regulations of the fails to appear without justification on the
concerned government agency shall be followed. date of arraignment, accused waives the
reading of the information and authorizes the
In the absence of such rules and regulations, the court to enter a plea of not guilty on behalf of
following procedure shall be observed: the accused and to set the case for trial;
(1) Inventory. The apprehending officer having (2) To appear whenever required by the court
initial custody and control of the seized items, where the case is pending; and
equipment, paraphernalia, conveyances and (3) To waive the right of the accused to be
instruments shall physically inventory and present at the trial, and upon failure of the
whenever practicable, photograph the same accused to appear without justification and
in the presence of the person from whom despite due notice, the trial may proceed in
such items were seized. absentia. [Rule 13, Sec. 2]
(2) Return. The apprehending officer shall
submit to the issuing court the return of the If the court grants bail, the court may issue a
search warrant within five days from date of hold-departure order in appropriate cases. [Rule
seizure or in case of warrantless arrest, 13, Sec.1]
submit within five days from date of seizure,
the inventory report, compliance report, Arraignment and Plea
photographs, representative samples and When
other pertinent documents to the public The court shall set the arraignment of the
prosecutor for appropriate action. accused within fifteen [15] days from the time it
(3) Sale Upon Motion. Upon motion by any acquires jurisdiction over the accused, with notice
interested party, the court may direct the to the public prosecutor and offended party or
auction sale of seized items, equipment, concerned government agency that it will
paraphernalia, tools or instruments of the entertain plea-bargaining on the date of the
crime. The court shall, after hearing, fix the arraignment. [Rule 15, Sec. 1]
minimum bid price based on the
recommendation of the concerned Plea-Bargaining
government agency. The sheriff shall conduct On the scheduled date of arraignment, the court
the auction. The auction sale shall be with shall consider plea-bargaining arrangements.
notice to the accused, the person from whom
the items were seized, or the owner thereof

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Where the prosecution and offended party or


concerned government agency agree to the plea
offered by the accused, the court shall:
(1) Issue an order which contains the plea-
bargaining arrived at;
(2) Proceed to receive evidence on the civil
aspect of the case, if any; and
(3) Render and promulgate judgment of
conviction, including the civil liability for
damages. [Rule 15, Sec. 2]

Pre-Trial
After the arraignment, the court shall set the pre-
trial conference within thirty (30) days. It may
refer the case to the branch clerk of court, if
warranted, for a preliminary conference to be set
at least three days prior to the pre-trial. [Rule 16,
Sec. 1]

Parties are required to be under oath in pre-trial


in order to obviate the use of false or misleading
statements at this stage. [Annotation to the Rules
of Procedure for Environmental Cases, Supreme
Court Sub-Committee]

Subsidiary Liabilities
In case of conviction of the accused and
subsidiary liability is allowed by law, the court
may, by motion of the person entitled to recover
under judgment, enforce such subsidiary liability
against a person or corporation subsidiary liable
under Article 102 and Article 103 of the Revised
Penal Code. [Rule 18, Sec. 1]

Page 372 of 372

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