Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
COLLEGE OF LAW
Remedial Law Reviewer 2014
CIVIL PROCEDURE
A. Parts of the Pleading
a. Caption
b. Body
c. Signature and Address
d. Verification and Certification against Non-forum Shopping
FORUM SHOPPING consists of filing multiple suits in different courts,
either simultaneously or successively, involving the same parties, to ask
the courts to rule on the same or related causes and/or to grant the same
or substantially the same relief.
Test to determine the presence of forum-shopping:
Whether in the two (or more) cases pending, there is identity of (a)
parties, (b) rights or causes of action, and (c) relief sought.
B. Manner of Making Allegations
Every pleading shall contain in a methodical and logical form a plain, concise
and direct statement of the ultimate facts, omitting the statement of mere
evidentiary facts.
a. Conditions Precedent- Pleading must state conditions precedent to the
cause of action, e.g. failure to compromise or non-compliance with
conciliation process at the barangay level.
b. Fraud, Mistake and Condition of Mind- Fraud or mistake must be stated
with particularity while malice or intent must be averred generally.
c. Actionable Document- Written instrument upon which the action or
defense is based; main object of the action. (e.g. Promissory note, deed of
mortgage, written contract)
d. Non-Actionable Document- It is some other extraneous document which is
not the main object of the action. (e.g. Demand letter)
e. How to Contest an Actionable Document
1. By specific denial under oath; and
2. By setting forth what is claimed to be the facts.
C. Specific Denial
a. Three Ways of making specific denial
SUPPLEMENTAL PLEADING
Refers to facts arising after the filing of the
original pleading.
Taken together with the original pleading
Always done with leave of court
For fraud to be extrinsic, the losing party must never have had a
chance to controvert the adverse partys evidence.
shall not render judgment but certify and elevate the case to the Supreme
Court for review (Section 13(a) Rule 124).
PROVISIONAL REMEDIES
A. ATTACHMENT:
WHEN APPLICATION FOR ATTACHMENT MAY BE MADE:
1. At the commencement of the action; or
2. At any time before entry of judgment.
TWO-FOLD PURPOSE OF ATTACHMENT:
1 .To seize the property of the debtor in advance of final judgment and to
hold it for purposes of satisfying the said judgment;
2. To enable the court to acquire jurisdiction over the action by the actual or
constructive seizure of the property in those instances where personal service
of summons on the creditor cannot be effected.
HOW TO PREVENT THE ATTACHMENT
1.BY DEPOSITING with the court from which the writ was issued an amount
equal to the value of the bond fixed by the court in the order of attachment
or an amount equal to the value of the property to be attached, exclusive of
costs; or
2.BY GIVING A COUNTERBOND executed to the applicant, in amount equal to
the bond posted by the latter to secure the attachment or in an amount equal
to the value of the property to be attached exclusive of costs (Riano, p.55&)
REMEDY OF THE THIRD PERSON:
1. File a terceria or third party claim (similar to Sec. 16, Rule 39)
2. File independent action to recover his property; or
3. File a motion for intervention (This is available only before a judgment is
rendered, hence, and not allowed under Rule 39
B. INJUNCTIONS
PRELIMINARY PROHIBITORY INJUNCTION
An order granted at any stage of an action or proceeding prior to judgment or
final order, requiring a party or court, agency or person to refrain from a
particular act or acts.
PRELIMINARY MANDATORY INJUNCTION
An order granted at any stage of an action or proceeding prior to the
judgment or final order, requiring the performance of a particular act or acts.
PROHIBITION
1. Directed against a court, tribunal, or a person exercising judicial,
quasi-judicial, or ministerial functions
2. On the ground that the court against whom the writ is sought had
acted without or in excess of jurisdiction.
3. Always a main action
C. TEMPORARY RESTRAINING ORDER
D. RECEIVERSHIP
IN WHAT CASES RECEIVER MAY BE APPOINTED:
Upon a verified application, one or more receivers of the property subject of
the action or proceeding may be appointed by the court where the action is
pending, or by the Court of Appeals, or by the Supreme Court, or a member
thereof, in the following cases:
1.The party applying for the appointment of a receiver has an interest in the
property or fund subject of the action and such is in danger of being lost,
removed, or materially injured unless a receiver is appointed;
2.In an action by the mortgagee for foreclosure of mortgage when the
property is in danger of being wasted or materially injured and that its value
is probably insufficient to discharge the mortgage debt, OR that the parties
have so stipulated in the contract of mortgage;
3.After judgment, to preserve the property during the pendency of the
appeal, or to dispose of it according to the judgment, or to aid in execution
when execution has been returned unsatisfied or the judgment debtor refuses
to apply his property to satisfy judgment, or to carry out the judgment;
4.In other cases where it appears appointing one is the most convenient and
feasible means to preserve, administer, or dispose of the property in
litigation.
E. REPLEVIN
Replevin is the provisional remedy seeking for the possession of the property
prior to the determination of the main action for replevin.
Procedure for the application for Replevin (Requisites):
1.
File an APPLICATION at the commencement of the action or at any time
before defendant answers.
2. Applicant must give a BOND, executed to the adverse party, which shall be
double the value of the property as stated in the affidavit.
F. SUPPORT PENDENTE LITE
Support Pendente Lite is an amount of support provisionally fixed by the court
in favour of the person or persons entitled thereto during the pendency of an
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action for support. Here the main action is for support and support pendent
lite is the provisional remedy.
A. Interpleader
Interpleader is a special civil remedy where a person, who has property
(personal or real) in his possession or an obligation to perform, either wholly
or partially, without claiming any right to either, or who claims no interest in
the subject, or whose interest, in whole or in part, is not disputed by others,
goes to court and asks that conflicting claimants to the property, or obligation
be required to litigate among themselves in order to determine finally who is
entitled to the same.
B. Declaratory Relief
a. Purpose- to ask the court to make a proper interpretation of a written
instrument, or a statute, executive order, ordinance, or other
governmental regulation. It also adjudicates the legal rights, duties, or
status of parties.
b. Who files the petition- Any person interested under a deed, will contract,
or other written instrument, or whose rights are affected by a statute,
executive order or regulation, ordinance, or any other governmental
regulation. (Sec.1)
c. When to file the petition- Before breach or violation of a right under a
deed, will, contract or other written instrument, or under a statute or
ordinance.
CERTIORARI
Directed against an
entity or person
exercising judicial or
quasi-judicial
functions.
Entity or person is
alleged to have
acted:
1.
Without
jurisdiction;
2. In excess of
jurisdiction; or
3. With grave abuse
of discretion
amounting to lack or
excess of jurisdiction
Purpose is to annul or
nullify a proceeding
PROHIBITION
Directed against an entity or
person exercising judicial,
quasi-judicial, or ministerial
functions
MANDAMUS
Directed against an
entity or person
exercising ministerial
functions
Entity or person is
alleged to have
acted:
1.
Neglected a
ministerial duty;or
2. Excluded another
from a right or office
Purpose is to have
respondent desist from
further proceeding
Purpose is for
respondent to
1.
Do the act
required; and
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Covers discretionary
acts
2.
To pay
damages
Covers ministerial
acts
EXTRAJUDICIAL FORECLOSURE
- does not require court intervention
- Right of redemption exists
EQUITY OF REDEMPTION
RIGHT OF REDEMPTION
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Governed by Rule 68
Period is 90-120 days after entry of or
even after the foreclosure sale but
prior to confirmation
UNLAWFUL DETAINER
Possession
of
defendant
is
inceptively lawful but becomes
illegal by reason of termination of
right of possession
Demand is jurisdictional
Plaintiff need not have been in prior
physical possession
1-year period
demand
from
date
of
ACCION PUBLICIANA
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ACCION REIVINDICATORIA
last
K. Contempt
DIRECT CONTEMPT
Committed in the presence of or so
near a court or judge
Punished summarily without hearing.
No appeal may be taken but the
party adjudged in contempt may
avail himself of actions of certiorari or
prohibition which shall stay the
execution of the judgment, provided
a bond fixed by the court is filed
Remedy is certiorari or prohibition
Certiorari/prohibition
suspends
execution provided there is a bond
INDIRECT CONTEMPT
Not committed in the presence of
the court
Punished only after hearing
complaint in writing or motion or
party or order of court requiring
person to appear and explain,
opportunity to appear and show
cause
Remedy is appeal
Immediately executory
bond is filed
unless
SPECIAL PROCEEDING
A. RULE 73 - VENUE AND PROCESS
JURISDICTION AND VENUE
1.
Settlement of estate of deceased persons
i.
RTC Gross value of the estate exceeds P300,000/P400,000 (Manila)
ii.
MTC Gross value of the estate does not exceed P300,000/P400,000
(Manila)
14
EXCEPTIONS:
1.
Extrajudicial settlement;
2.
Summary settlement of estate of small value (not exceeding P10,000)
BOND
It is the value of the personal property certified by the parties under oath and
conditioned upon payment of just claims under Sec. 4, Rule 74.
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Administrator
and Appointed by the court in case the
testator did not appoint and executor or
if the executor refused or if the will was
disallowed or there is no will (intestacy)
No such duty
LETTERS TESTAMENTARY
It is the authority issued to an executor named in the will to administer the
estate.
LETTERS OF ADMINISTRATION
It is the authority issued by the court to a competent person to administer
the estate of the deceased who died intestate.
LETTERS OF ADMINISTRATION WITH A WILL ANNEXED
It is the authority issued by the court to a competent person to administer
the estate if the executor named in the will refused to accept the office.
16
Any person interested in a will may state in writing the grounds why
letters testamentary should not issue to the persons named therein
executors, or any of them, and the court, after hearing upon notice, shall pass
upon the sufficiency of such grounds.
Special Administrator
17
EXCEPTION: If there are two factions among the heirs and the court deems it
best to appoint more than one special administrator, justice and equity
demand that both factions be represented in the management of the estate
of the deceased. (Matias vs. Gonzales, 101 Phil. 852 (1957))
I. RULE 81 - BONDS OF EXECUTORS AND ADMINISTRATORS
WHEN FILED: Before and executor or administrator enters upon the execution
of his trust
AMOUNT: To be fixed by the court
CONDITIONS OF BOND OF SPECIAL ADMINISTRATOR:
1.
Make and return a true inventory
2.
Render accounting when required by court
3.
Deliver the estate to the person appointed executor or administrator or
other authorized persons
J. RULE 82 - REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION,
AND REMOVAL OF EXECUTORS AND ADMINISTRATORS
WHEN LETTERS REVOKED AND POWERS CEASE:
When the decedents will is allowed and proved by the court after the
issuance of letters of administration
GROUNDS FOR REMOVAL OF EXECUTOR OR ADMINISTRATOR:
1.
Neglect to render account within 1 year and whenever required by the
court
2.
Neglect to settle estate according to these rules
3.
Neglect to perform an order or judgment of the court or a duty
expressly provided by these rules
4.
Absconding
5.
Insanity or incapability to discharge the trust
POWERS OF NEW EXECUTOR OR ADMINISTRATOR
1.
Collect and settle the estate not administered
2.
Prosecute or defend actions commenced by or against the former
executor or administrator
3.
Have execution on judgments recovered in the name of former
executor or administrator
K. RULE 83 - INVENTORY AND APPRAISAL; PROVISION FOR SUPPORT OF
FAMILY
INVENTORY AND APPRAISAL TO BE RETURNED WITHIN THREE MONTHS
The 3-month period is not mandatory. The fact that an inventory was
filed after the 3-month period would not deprive the probate court of
jurisdiction to approve it. However, an administrators unexplained delay in
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filing the inventory may be a ground for his removal. (Sebial vs. Sebial, 64
SCRA 385 (1975))
L. RULE 84 - GENERAL PROVISIONS AND DUTIES OF EXECUTORS AND
ADMINISTRATORS
POWERS OF THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE (BERIP):
1.
To have access to, and examine and take copies of books and papers
relating to the partnership in case of a deceased partner;
2.
To examine and make invoices of the property belonging to the
partnership in case of a deceased partner;
3.
To maintain in tenantable repairs, houses and other structures and
fences and to deliver in such repair to the heirs or devisees when directed so
to do by the court;
4.
To make improvements on the properties under administration with the
necessary court approval except for necessary repairs;
5.
To possess and manage the estate when necessary;
a.
For the payment of debts
b.
For payment of expenses of administration.
M. RULE
85 - ACCOUNTABILITY AND COMPENSATION OF EXECUTORS
AND ADMINISTRATORS
GENERAL RULE: The executor or administrator is accountable for the whole
estate of the deceased.
EXCEPTION: He is not accountable for properties which never came to his
possession.
EXCEPTION TO THE EXCEPTION: when through untruthfulness to the trust or
his own fault or for lack of necessary action, the executor or administrator
failed to recover part of the estate which came to his knowledge.
N. RULE 102: HABEAS CORPUS
Certiorari, Prohibition
And Mandamus
Special Civil Action (Rule 65)
It reaches the RECORD, concerned with
errors committed by a court
DIRECT attack
Failure of respondent to file comment will
not be punished by CONTEMPT and will not
even be declared in default.
COURT and PREVAILING PARTY are named
as respondents.
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Habeas Corpus
Special proceeding.
Reaches the body but not
the record; inquiry on the
legality of the detention.
COLLATERAL attack
Failure to file return
constitute CONTEMPT
(indirect)
Respondent is the
DETAINER.
Rights
involved
right to liberty of
and rightful
custody by the
aggrieved party
Kind of
violation
actual violation of
aggrieved partys
rights
Remedy for
Sec. 1
To all cases of
illegal confinement
or detention:
an actual or
threatened
violation of
aggrieved partys
rights
Sec. 1
To any person whose
right to life, liberty,
and security is
20
the RIGHT TO
PRIVACY in life,
liberty or security
of the aggrieved
party
- covers extralegal
killings and enforced
disappearances
actual or
threatened violation
of aggrieved partys
right
Sec. 1
To any person whose
right to privacy in
life, liberty, and
1. By which any
person is deprived
of his liberty; or
2. By which the
rightful custody of
any person is
withheld from the
person entitled
thereto
violated or
threatened with
violation by an
unlawful act or
omission of a public
official or employee,
or of a private
individual or entity
Respondent
public official or
employee or a
private individual or
entity
Who files
by the aggrieved
party or by any
qualified person or
entity in the
following order:
a) Any member of
the immediate family
of the aggrieved
party, i.e. spouse,
children and parents
b) Descendant,
ascendant or
collateral relatives up
to the 4th civil
degree of
consanguinity or
affinity
c) Any concerned
citizen, organization,
association or
institution (right to
21
security is violated or
threatened with
violation by any
unlawful act or
omission of a public
official or employee,
or of a private
individual or entity
engaged in:
a. gathering
b. colleting
c. storing
of data or information
regarding the person,
family, home and
correspondence of
the aggrieved party
public official or
employee or a
private individual or
entity engaged in the
gathering, collecting
or storing of data or
information regarding
the person, family,
home and
correspondence of
the aggrieved party
By the aggrieved
party; but in cases of
extralegal killing
and enforced
disappearances,
may be filed by:
a) Any member of
the immediate family
of the aggrieved
party, i.e. spouse,
children and parents
b) Descendant,
ascendant or
collateral relatives up
to the 4th civil
degree of
consanguinity or
affinity
b. Sec. 4: EXEMPT
e. Sec. 5: Only
indigent petitioner is
exempted
Summary hearing:
shall be conducted
not later than 10
working days from
the date
To Whom Writ
is Served
to the person to
whom it is
directed; and if
not found or
prisoner not in his
custody, it is
served upon the
person having
custody of the
prisoner
If the person to
whom the writ is
directed neglects or
refuses to obey or
make return
thereof, or who,
upon demand
made by or on
behalf of the
prisoner, refuses to
Summary hearing:
shall be conducted
not later than 7
days from the date
of issuance of the
writ
upon the
respondent
personally
if it cannot be
served, rules on
substituted service
will apply
if it cannot be served,
rules on substituted
service will apply
If the respondent
refuses to make a
return or makes a
false return, he may
be punished with
Imprisonment or fine
for committing
contempt.
If the respondent
refuses to make a
return or makes a
false return, he may
be punished with
Imprisonment or fine
for committing
contempt.
Docket and
other fees
Consequences
of refusal to
obey the writ
or making a
false return
22
c. RTC where
petitioner or
respondent resides or
that which has
jurisdiction over the
place where the data
or information is
gathered, collected
or stored, at the
option of the
petitioner
d. SC, CA or
Sandiganbayan when
the action concerns
public data files of
government offices
Docket and other
fees
upon the
respondent
personally
deliver to the
person demanding,
within 6 hours after
the demand
therefore, a true
copy of the warrant
or order of
commitment, he
shall forfeit to the
party aggrieved the
sum of Php1,000
and may be
punished for
contempt.
Hearing Ex
Parte
May the
application be
consolidated
with a criminal
action filed
subsequent to
the petition?
Enforceability
of Writ
To Which Court
the Writ is
Returnable
NO
Enforceable
anywhere in the
Phil. if granted by
SC/CA or any
member of such
courts:
Enforceable only
within judicial
district if granted
by the RTC
Officer by whom
the prisoner is
imprisoned or the
person in whose
custody the
prisoner is found
If granted by the SC
or CA or any
member of such
courts, it may be
made returnable
before the court or
any member
23
If the respondent
fails to file a return,
the court, justice, or
judge shall proceed
to hear the petition
ex parte.
YES
YES
Enforceable
anywhere in the
Philippines
regardless of which
court issued the writ
Enforceable
anywhere in the
Philippines regardless
of which court issued
the writ
Respondent files
return
Respondent files
return
Contents of
Return
Allowance or
Disallowance
of General
Denial on
Allegations
Quantum of
Proof
Judgment
thereof or before an
RTC or any judge
thereof.
If granted by the
RTC or a judge
thereof, it is
returnable before
himself.
justices, it may be
returnable before
such court or any
justice thereof, or to
any RTC of the place
where the threat, act
or omission was
committed or any of
its elements
occurred.
If issued by the SC or
any of its justices, it
may be returnable
before such court or
any justice thereof,
of the
Sandiganbayan or CA
or any of their
justices, or to any
RTC or the place
where the threat, act
or omission was
committed or any of
its elements
occurred.
Sec. 10
Signed and shall
also be sworn to if
the prisoner is not
produced
Sec. 9
Verified written
return
-period to file cannot
be extended except
on highly meritorious
grounds
A general denial of
the allegations in the
petition shall not be
allowed.
Quantum of proof is
clear and
convincing
evidence.
After the court has
examined the
Quantum of proof is
substantial evidence.
24
Period to
Appeal
cause of the
capture and
restraint, and is
satisfied that
prisoner is
unlawfully
imprisoned or
restrained
is submitted for
decision (substantial
evidence only)
Within 48 hours
from notice of the
judgment or final
order appealed
from
Order shall not be
effective until a
copy of the order
has been served on
the officer pr
person detaining
the prisoner and
there is no appeal
5 working days
from date of notice of
the adverse
judgment (via Rule
45, to the SC)
is submitted for
decision (upon
finality, the judgment
shall be enforced by
the sheriff or any
lawful officers as may
be designated by the
court, justice or judge
within 5 working
days)
5 working days
from date of notice of
the adverse
judgment (via Rule
45, to the SC)
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 a bill of
particulars
5. Counterclaim and
cross-claim
6. Third-party
complaint
7. reply
8. Motion to declare
respondent in default
9. Intervention
10. Memorandum for
reconsideration of
interlocutory orders
or interim relief
orders
11. Petition for
certiorari,
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 a bill of
particulars
5. Counterclaim and
cross-claim
6. Third-party
complaint
7. reply
8. Motion to declare
respondent in default
9. Intervention
10. Memorandum for
reconsideration of
interlocutory orders
or interim relief
orders
11. Petition for
certiorari,
Prohibited
Pleadings
25
Interim Reliefs
Sec. 12
1. Unless for good
cause shown, the
hearing is
adjourned, in which
event the court
shall make an order
for the safe keeping
of the person
imprisoned or
restrained as the
nature of the case
requires
2. The court or
judge must be
satisfied that the
persons illness is
so grave that he
cannot be produced
without any danger
mandamus, or
prohibition against
any interlocutory
order
mandamus, or
prohibition against
any interlocutory
order
*motion for
extension to file
return is not allowed
for writ of amparo
Sec. 14
1. Temporary
Protection order
2. Inspection Order
3. Production Order
4. Witness Protection
order
Criminal Procedure
1. Prosecution of Offenses- It is an action by which the State prosecutes a
person for an act or omission punishable by law.
2. Preliminary Investigation
For offenses which require preliminary investigation:
By filing the complaint with the proper officer for preliminary
investigations
Refers to a complaint-affidavit, and is different from the complaint
defined in Section 3 of Rule 110.
3. Arrest
INSTANCES WHEN A WARRANT OF ARREST IS NOT NECESSARY (Sec.9 (c), Rule
112
1. if the complaint or information was filed after the accused was lawfully
arrested without warrant
2. if the offense is punishable by fine only
3. if the complaint or information is filed with the MTC and it involves an offense
which does not require PI, the judge may issue summons instead of warrant
26
27
Where the information does not charge an offense, any conviction thereunder
being void;
Where the court has no jurisdiction.
12.
Motion to Quash Grounds
1. Facts charged do not constitute an offense
2. Court trying the case has no jurisdiction over the offense charged
3. Court trying the case has no jurisdiction over the person of the accused
4. Officer who filed the information had no authority to do so
5. Information does not conform substantially to the prescribed form
6. That more than one offense is charged (duplicitous information)
7. Criminal action or liability has been extinguished
8. Information contains averments which, if true, would constitute a legal
excuse or justification
9. Accused has been previously convicted or acquitted of the offense
charged, or the case against him was dismissed or otherwise terminated
without his express consent (double jeopardy)
13.
Time to move to quash
GENERAL RULE: A motion to quash (MTQ) may be filed by the accused at
any time before the accused enters his plea. Thereafter, no MTQ can be
entertained by the court.
EXCEPTIONS: Under Sec. 9, Rule 117, this adopts the omnibus motion rule.
This means that a MTQ may still be filed after arraignment on the ground:
1. that the facts alleged in the information charge no offense;
2. that the court has no jurisdiction over the offense charged;
3. that the offense or penalty has prescribed, or
4. that the doctrine of double jeopardy precludes the filing of the information
14.
Effects of Motion to quash if denied or granted
If the ground for the motion is either:
1. facts charged do not constitute an offense
2. officer who filed the information had no authority to do so
3. information does not conform substantially to the prescribed form
4. duplicitous information
15.
Trial- is the examination before a competent tribunal according to the
laws of the land, of the facts put in issue in a case for the purpose of
determining such issue.
After a plea of not guilty is entered, the accused shall have at least fifteen
(15) days to prepare for trial.
The trial shall commence within 30 days from receipt of the pre-trial order.
16.
Demurrer to Evidence -It is a motion to dismiss due to the
insufficiency of the evidence presented by the prosecution to overturn the
presumption of innocence in favour of the accused.
17.
When it can be filed?
After the prosecution rests its case, the court may dismiss the action on the
ground of insufficiency of evidence:
1.
On its own initiative after giving the prosecution the opportunity to be
heard; or
28
2.
Upon demurrer to evidence filed by the accused with or without leave
of court.
18.
Judgment - is the adjudication by the court that the accused is guilty
or not guilty of the offense charged and the imposition of the proper penalty
and civil liability provided for by law.
19.
Search Warrant- is an order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring
it to the court.
Evidence
A. Admissibility of Evidence
The evidence must be:
1.
Relevant such a relation to the fact in issue as to induce belief in its
existence or non-existence. A matter of relationship between the evidence
and a fact in issue.
29
In order that photographs may be given as evidence1. It must be shown that it is the true and faithful representation of the place or
object which to which they refer;
2. It must be verified by:
a.
The photographer; or
b.
Any person acquainted with the object represented
and testifies that the same faithfully represents the object.
For tape recordings, the ff. must be shown: (PRO-ANIV)
1. Manner of the preservation of the recording
2. The recording device was capable of recording testimony;
3. The operator of the device was competent
4. Establishment of the correctness or authenticity of the recording;
5. Deletions, additions, changes have not been made;
6. Identification of the speakers; and
7. Testimony elicited was voluntarily made.
Authenticated fingerprints may be compared to fingerprints found on the crime
scene.
E. Documentary Evidence
a. Best Evidence Rule
ORIGINAL DOCUMENT MUST BE PRODUCED; EXCEPTIONS
GENERAL RULE: The original document must be produced.
EXCEPTIONS:
1. When the original has been lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
2. When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after reasonable
notice;
3. When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to be
established from them is only the general result of the whole; and
4. When the original is a public record in the custody of a public officer or is
recorded in a public office
BEST EVIDENCE RULE - is that rule which requires the highest grade of evidence
obtainable to prove a disputed fact.
The Best Evidence Does NOT Apply in the following cases:
1. When the purpose is to show the existence, execution or delivery without
reference to its terms;
2. To make testimony coherent and intelligible;
3. To admit as to contents of writing and where subject of preliminary crossexamination to lay the basis for confrontation.
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4. Where there is no bona fide dispute on the contents of the documents and no
useful purpose would be served by its production.
b. Secondary Evidence
SECONDARY EVIDENCE shows that better or primary evidence exists as to the
proof of fact in question. It is deemed less reliable.
WHAT MUST BE PROVED TO ADMIT SECONDARY EVIDENCE
a. The due execution of the original;
b. Loss, destruction or unavailability of all such originals;
c. Reasonable diligence and good faith in the search for or attempt to produce the
original.
THE DUE EXECUTION CAN BE PROVED THROUGH THE TESTIMONY OF
EITHER:
1. The person who executed it;
2. The person before whom its execution was acknowledged;
3. Any person who was present and saw it executed and delivered or who
thereafter saw it and recognized the signatures, or one to whom the parties
thereto had previously confessed the execution thereof..
c. Parol Evidence Rule
EVIDENCE OF WRITTEN AGREEMENTS
GENERAL RULE: When the terms of an agreement have been reduced to writing, it
is to be considered as containing all the terms agreed upon and there can be,
between the parties and their successors in interest, no evidence of such terms
other than the contents of the written agreement.
EXCEPTION: A party may present evidence to modify, explain or add to the terms
of the written agreement if he puts in issue in his pleading any of the following:
1. An intrinsic ambiguity, mistake or imperfection in the written agreement;
2. The failure of the written agreement to express the true intent and
agreement of the parties thereto;
3. The validity of the written agreement; or
4. The existence of other terms agreed to by the parties or their successors in
interest after the execution of the written agreement.
PAROL EVIDENCE any evidence aliunde, whether oral or written, which is
intended or tends to vary or contradict a complete and enforceable agreement
embodied in a document.
1. Where the collateral agreement is not inconsistent with the terms of the written
contract;
2. Where the collateral agreement has not been integrated in and is independent
of the written contract as where it is suppletory to the original contract;
3. Where the collateral agreement is subsequent to or nugatory of the written
contract; and
4. Where the collateral agreement constitutes a condition precedent which
determines whether the written contract may become operative or effective, but
this exception shall not apply to a condition subsequent not stated in the
agreement.
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Marital Privilege
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DISQUALIFICATION BY REASON
OF MARRIAGE
MARITAL PRIVILEGE
b.
Attorney-Client Privilege
REQUISITES:
1. There is an attorney and client relation;
2. The privilege is invoked with respect to a confidential communication between
them in the course of professional employment; and
3. The client has not given his consent to the attorneys testimony.
c. Physician-Patient Privilege
REQUISITES:
1. The physician is authorized to practice medicine, surgery, or obstetrics;
2. The information was acquired or the advice or treatment was given by him in his
professional capacity for the purpose of treating and curing the patient;
3. The information is confidential.
4. The information, advice or treatment, if revealed, would blacken the reputation
of the patient; and
5. The privilege is invoked in a civil case, whether patient is a party or not.
d. Privileged communications to Minister or Priest and Penitent
REQUISITES:
1. That the same were made pursuant to a religious duty enjoined in the course of
discipline of the sect or denomination to which they belong; and
2. Must be confidential and penitential in character. Example: under seal of the
confessional
d. Privileged communications to Public Officers
REQUISITES:
1. The holder of the privilege is the government acting through a public officer.
2. That it was made to the public officer in official confidence;
3. The communication was given during the term of office of the public officer but
the privilege may be invoked not only during the term of office of the public
officer but also after.
4. That public interest would suffer by the disclosure of such communication, as in
the case of State secrets.
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HEARSAY RULE
Any evidence, whether oral or documentary is hearsay if its probative value is not
based on the personal knowledge of the witness but on the knowledge of some
other person not on the witness stand
A witness can testify only to those facts which he knows of his personal knowledge,
that is which are derived from his own perception except as otherwise provided in
these rules. Hearsay includes all assertions which have not been subject to
opportunity for cross examination by the adversary at the trial in which they are
being offered against him.
It covers written or oral statements, Its probative value depends, in whole or in part,
on the competency and credibility of some persons other than the witness by whom
it sought to produce it. (Estrada v. Desierto, 356SCRA108)
Double Hearsay are those which are derived from another who also has no
personal knowledge of the matters testified to. (e.g. Newspaper articles)
SECTION 37. DYING DECLARATION.- The ante mortem statements made by a
person after the mortal wound has been inflicted under the belief that the death is
certain, stating the fact concerning the cause of and the circumstances surrounding
the attack.
REQUISITES:
1. That the death is imminent and the declarant is conscious of such fact;
2. That the declaration refers to the cause and the surrounding circumstances of
such death
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3. That the declaration refers to the facts which the victim is competent to testify
to;
4. That the declaration is offered in a case wherein the declarants death is subject
of the inquiry (the victim necessarily must have died);
5. That the statement must be complete in itself. (People v. De Joya, 203 SCRA
343).
6. The declarant should have died.
SECTION 38. DECLARATION AGAINST INTEREST
DECLARATION
AGAINST INTEREST
Exception to the hearsay rule
admissible
Secondary evidence and admissible
only if the declarant is already dead
or unavailable to testify
The fact asserted in the declaration
must have been at the time it was
made so far contrary to the
declarants own interest.
ADMISSIONS
Covered by the hearsay rule
Primary evidence and admissible
even if the declarant is available as
a witness
Need
not be considered by the
declarant as opposed to his interest
at the time when made, it is enough
if it is inconsistent with his present
claim and defenses.
REQUISITES:
1. That the declarant is dead and unable to testify;
2. That it relates to facts against the interest of the declarant;
3. That at the time he made the said declaration the declarant was aware that the
same was contrary to his aforesaid interest; and
4. That the declarant had no motive to falsify and he believed such actual declarant
to be true.
SECTION 39. ACT OR DECLARATION ABOUT PEDIGREE.
PEDIGREE includes relationship, family geneology, birth, marriage , death, the
dates when and the places where these facts occurred and the names of the
relatives. It also embraces facts or family history intimately connected with
pedigree. (Rule 130, Sec 39)
It is the history of family descent which is transmitted from one generation to
another by both oral and written declarations and by traditions. (Francisco, 1997)
REQUISITES:
1. The actor or declarant is dead or unable to testify.
2. The act or declaration is made by a person related to the subject by birth or
marriage.
3. The relationship between the declarant or the actor and the subject is shown by
evidence other
than such act or declaration and
4. The act or declaration was made ante litem
motam or prior to the controversy.
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SECTION 40
Family reputation or tradition
regarding pedigree
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3. The entries must have been made at or near the time of the transaction to which
they relate;
4. The entrant must have been in a position to know the facts stated in the entries;
and
5. The entrant must be deceased or unable to testify.
SECTION 44. ENTRIES IN OFFICIAL RECORDS
REQUISITES:
1. That it was made by a public officer or by another person specially enjoined by
the law to do so;
2. That it was made by any a public officer in the performance of his duty specially
enjoined by law; and
3. The public officer or the other person has sufficient knowledge of the facts by
him stated which must have been acquired by him personally or through official
information.
ENTRIES IN THE
COURSE OF BUSINESS
ENTRIES IN
OFFICIAL RECORDS
Needs authentication
Best evidence applies
rule
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SCOPE The rule shall apply in all action before the MTC/MCTC for payment of
money where the value of the claim does not exceed P100, 000.00, exclusive of
interest and cost (Sec 2 of the Rule)
EFFECT OF NON-PAYMENT OF DOCKET FEES:
GROUNDS FOR THE DISMISSAL OF THE SMALL CLAIM CASES MOTU PROPIO:
a. Lack of jurisdiction over the subject matter of the case;
b. Litis pendentia;
c. Res judicata;
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d. Prescription.
EFFECT OF FAILURE OF THE PARTIES TO APPEAR:
a. On the part of the plaintiff: Dismissal of the claim without prejudice, and the
defendant who appeared shall be entitled to judgment on a permissive
counterclaim.
Remedy: Refile the case.
b. On the part of the defendant: It shall have the effect of as failure to file a
Response, and the court, by itself render judgment based on the facts alleged in the
Statement of Claims but only limited to what is prayed for therein.
c. On both parties: Dismissal of both the claim and counterclaim with prejudice.
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(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
(gg)
(hh)
(ii)
(jj)
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Motion for postponement, motion for new trial and petition for relief from judgment
shall be allowed in highly meritorious cases or to prevent a manifest miscarriage of
justice.
Prohibited pleadings or motions. The following pleadings or motions shall not
be allowed:
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension of time to file pleadings, except to file answer, the
extension not to exceed fifteen (15) days;
(d) Motion to declare the defendant in default;
(e) Reply and rejoinder; and
(f) Third party complaint.
Citizen suit. Any Filipino citizen in representation of others, including minors or
generations yet unborn, may file an action to enforce rights or obligations under
environmental laws.
Payment of filing and other legal fees. The payment of filing and other legal
fees by the plaintiff shall be deferred until after judgment unless the plaintiff is
allowed to litigate as an indigent. It shall constitute a first lien on the judgment
award.
Prohibition against Temporary Restraining Order and Preliminary
Injunction (Sec. 10, Part 2, Rule 2)
- Except the Supreme Court, no court can issue a TRO or writ of preliminary
injunction against lawful actions of government agencies that
enforce environmental laws or prevent violations thereof (Sec. 10, Part 2,
Rule 2).
-
Effect of failure to appear at pre-trial. The court shall not dismiss the
complaint, except upon repeated and unjustified failure of the plaintiff to appear.
The dismissal shall be without prejudice, and the court may proceed with the
counterclaim.
- If the defendant fails to appear at the pre-trial, the court shall receive
evidence ex parte.
Judgment not stayed by appeal. Any judgment directing the performance of
acts for the protection, preservation or rehabilitation of the environment shall be
executory pending appeal unless restrained by the appellate court.
Republic Act 9285
Alternative Dispute Resolution Act (ADR Act)
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Exception to the Application of the ADR Act. The provisions hereof shall not
apply to the resolution or settlement of the following:
(a) labor disputes covered by Presidential Decree No. 442, otherwise known
as the "Labor Code of the Philippines, as amended", and its Implementing
Rules and Regulations;
(b) the civil status of persons;
(c) the validity of marriage;
(d) any ground for legal separation;
(e) the jurisdiction of courts;
(f) future legitime;
(g) criminal liability;
(h) those disputes which by law cannot be compromised; and
(i) disputes referred to court-annexed mediation.
Arbitration means a voluntary dispute resolution process in which one or more
arbitrators, appointed in accordance with the agreement of the parties or these
Rules, resolve a dispute by rendering an award.
Scope of Application. These Rules apply to voluntary mediation, whether ad hoc
or institutional, other than court-annexed mediation and only in default of an
agreement of the parties on the applicable rules. These Rules shall also apply to all
cases pending before an administrative or quasi-judicial agency that is
subsequently agreed upon by the parties to be referred to mediation.
INTERNATIONAL COMMERCIAL ARBITRATION
Recognition and Enforcement.
(a) A foreign arbitral award shall be recognized as binding and, upon petition
in writing to the Regional Trial Court, shall be enforced subject to the
provisions hereof;
(b) The petition for recognition and enforcement of such arbitral awards shall
be filed with the Regional Trial Court in accordance with the Special ADR
Rules.
i.
ii.
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(c) The party relying on an award or applying for its enforcement shall file
with the Regional Trial Court the original or duly authenticated copy of the
award and the original arbitration agreement or a duly authenticated copy
thereof. If the award or agreement is not made in an official language of
the Philippines, the party shall supply a duly certified translation thereof
into such language.
(d)A foreign arbitral award when confirmed by a court of a foreign
country, shall be recognized and enforced as a foreign arbitral
award and not as a judgment of a foreign court.
(e)A foreign arbitral award when confirmed by the Regional Trial
Court shall be enforced in the same manner as final and
executory decisions of courts of law of the Philippines.
(f) If the Regional Trial Court has recognized the arbitral award but an
application for (rejection and/or) suspension of enforcement of that award
is subsequently made, the Regional Trial Court may, if it considers the
application to be proper, vacate or suspend the decision to enforce that
award and may also, on the application of the party claiming recognition
or enforcement of that award, order the other party seeking rejection or
suspension to provide appropriate security.
Domestic Arbitration
Judgment. Upon the grant of an order confirming, modifying or correcting
an award, judgment may be entered in conformity therewith in the court
where said application was filed. Costs of the application and the
proceedings subsequent thereto may be awarded by the court in its
discretion. If awarded, the amount thereof must be included in the judgment.
Judgment will be enforced like court judgments.
Appeal. A decision of the court confirming, vacating, setting aside,
modifying or correcting an arbitral award may be appealed to the Court of
Appeals in accordance with Special ADR Rules.
The losing party who appeals from the judgment of the Court confirming an
arbitral award shall be required by the Court of Appeals to post a counterbond executed in favor of the prevailing party equal to the amount of the
award in accordance with the Special ADR Rules.
Mediation-Arbitration
(a) A Mediation-Arbitration shall be governed by the rules and
procedure agreed upon by the parties. In the absence of said
agreement, rules on Mediation shall first apply and thereafter, rules
on Domestic Arbitration.
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