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COLLEGE OF LAW
REMEDIAL LAW SOCIETY
SUBMITTED BY:
REMEDIAL LAW SOCIETY
Remedial Law
GENERAL PRINCIPLES
Remedial Law is that branch of law which prescribes the method of
enforcing rights or obtaining redress for their invasion.
SUBSTANTIVE LAW AS DISTINGUISHED FROM REMEDIAL LAW
Substantive law creates, defines and regulates rights and duties regarding
life, liberty or property which when violated gives rise to a cause of action.
Remedial law prescribes the methods of enforcing those rights and
obligations created by substantive law by providing a procedural system for
obtaining redress for the invasion of rights and violations of duties and by
prescribing rules as to how suits are filed, tried and decided by the courts.
As applied to criminal law, substantive law is that which declares what acts
are crimes and prescribes the punishment for committing them, as
distinguished from remedial law which provides or regulates the steps by
which one who commits a crime is to be punished.
RULE-MAKING POWER OF THE SUPREME COURT (P.AL.I.A)
Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court
shall have the power to:
a. promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts;
b. admission to the practice of law;
c. the Integrated Bar;
d. and legal assistance to the underprivileged
LIMITATIONS OF THE RULE-MAKING POWER OF THE SUPREME COURT
1) The rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases
2) They shall be uniform for all courts of the same grade
3) They shall not diminish, increase, or modify substantive rights.
4) The power to admit attorneys to the Bar is not an arbitrary and
despotic one but is the duty of the court to exercise and regulate it by
a sound and judicial discretion.
Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
POWER OF THE SUPREME COURT TO AMEND AND SUSPEND
PROCEDURAL RULES
When compelling reasons so warrant or when the purpose of justice requires
it = discretionary upon courts.
Reasons that would warrant the suspension:
(a) First Level (MTCs, MeTCs, MCTCs) which try and decide
(1) Criminal actions involving:
a. violations of city or municipal ordinances committed within their
respective territorial jurisdiction; and
b. offenses punishable with imprisonment not exceeding six (6) years
irrespective of the amount of fine and regardless of other imposable
accessory or other penalties, and
(2) Civil actions including EJECTMENT CASES (FEUD) and recovery of
personal property with a value of not more than P300,000 outside MM or
does not exceed P400,000 in MM;
(b) Second Level (RTCs, Family Courts)
courts of general jurisdiction
among the civil actions assigned to them by law are those in
which the subject of litigation is
a. actions incapable of pecuniary estimation
b. actions involving title to or possession of real property where
the assessed value of the property exceeds P20,000 outside
MM or exceeds P50,000 in MM.
c. where the demand exclusive of interest, damages of
whatever kind, attorneys fees, litigation expenses, and cost,
or the value of the personal property or controversy exceeds
P300,000 outside MM or exceeds P400,000 in MM.
exercise appellate jurisdiction
Review cases appealed from courts of the first level.
(c) Third Level (Court of Appeals, Sandiganbayan)
CA is an appellate court
a. reviewing cases appealed to it from the RTC on questions of fact or
mixed questions of fact and law
b. decisions of the RTC in the exercise of original jurisdiction
i. as a matter of right
ii. as a matter of discretion.
Occasionally, CA may act as a trial court, as in actions praying for the
annulment of final and executory judgments of RTCs on the ground of
extrinsic fraud subsequently discovered, against which no other
remedies lies.
Sandiganbayan has jurisdiction
over all criminal and civil cases involving
graft and corrupt practices act
such other offenses committed by public officers and
employees including those in GOCCs in relation to their
office.
OF
NON-INTERFERENCE
OR
DOCTRINE
OF
JUDICIAL
Courts of equal and coordinate jurisdiction cannot interfere with each others
orders. Thus, the RTC has no power to nullify or enjoin the enforcement of a
writ of possession issued by another RTC. The principle also bars a court from
reviewing or interfering with the judgment of a co-equal court over which it
has no appellate jurisdiction or power of review.
This doctrine applies with equal force to administrative bodies. When the law
provides for an appeal from the decision of an administrative body to the SC
or CA, it means that such body is co-equal with the RTC and logically beyond
the control of the latter.
JURISDICTION
Jurisdiction the power and authority of the court to hear, try and decide a
case.
JURISDICTION OVER THE PARTIES
a) The manner by which the court acquires jurisdiction over the parties
depends on whether the party is the plaintiff or the defendant
b) Jurisdiction over the plaintiff is acquired by his filing of the complaint or
petition. By doing so, he submits himself to the jurisdiction of the court.
c) Jurisdiction over the person of the defendant is obtained either by a valid
service of summons upon him or by his voluntary submission to the
courts authority.
d) The mode of acquisition of jurisdiction over the plaintiff and the defendant
applies to both ordinary and special civil actions like mandamus or
unlawful detainer cases.
HOW JURISDICTION OVER PLAINTIFF IS ACQUIRED
Acquired when the action is commenced by the filing of the complaint.
This presupposes payment of the docket fees.
HOW JURISDICTION OVER DEFENDANT IS ACQUIRED
Jurisdiction over the person of the defendant is required only in an action in
personam; it is not a prerequisite in an action in rem and quasi in rem. In an
action in personam, jurisdiction over the person is necessary for the court to
validly try and decide the case, while in a proceeding in rem or quasi in rem,
jurisdiction over the person of the defendant is not a prerequisite to confer
jurisdiction on the court, provided the latter has jurisdiction over the res.
By voluntary appearance of the defendant, without service of summons or
despite a defective service of summons. The defendants voluntary
appearance in the action shall be equivalent to service of summons.
Instances when appearance of defendant is not tantamount to
voluntary submission to the jurisdiction of the court:
1) when defendant files the necessary pleading;
2) when defendant files motion for reconsideration of the judgment by
default;
whether the court has the power to enter into the inquiry and not whether
the decision is right or wrong.
It is the duty of the court to consider the question of jurisdiction before it
looks at other matters involved in the case. If the court finds that it has
jurisdiction, it is the duty of the court to exercise the jurisdiction conferred
upon it by law and to render a decision in a case properly submitted to it. It
cannot decline to exercise its jurisdiction. Failure to do so may be enforced by
way of mandamus proceeding.
Note: Jurisdiction over the subject matter is conferred by
substantive law which may either be a Constitution or statute; while
jurisdiction over the subject matter is determined by the
allegations of the complaint regardless of whether or not the
plaintiff is entitled to the claims asserted therein.
DOCTRINE OF PRIMARY JURISDICTION
Courts will not resolve a controversy involving a question which is within the
jurisdiction of an administrative tribunal, especially where the question
demands the exercise of sound administrative discretion requiring the special
knowledge, experience and services of the administrative tribunal to
determine technical and intricate matters of fact.
The objective is to guide a court in determining whether it should refrain from
exercising its jurisdiction until after an administrative agency has determined
some question or some aspect of some question arising in the proceeding
before the court.
DOCTRINE OF ADHERENCE OF JURISDICTION / CONTINUITY OF
JURISDICTION
Once a court has acquired jurisdiction, that jurisdiction continues until the
court has done all that it can do in the exercise of that jurisdiction. This
principle also means that once jurisdiction has attached, it cannot be ousted
by subsequent happenings or events and retains that jurisdiction until it
finally disposes of the case.
Even the finality of the judgment does not totally deprive the court of
jurisdiction over the case. What the court loses is the power to amend,
modify or alter the judgment. Even after the judgment has become final, the
court retains jurisdiction to enforce and execute it.
OBJECTION TO JURISDICTION OVER THE SUBJECT MATTER
When it appears from the pleadings or evidence on record that the court has
no jurisdiction over the subject matter, the court shall dismiss the same. (Sec.
1, Rule 9). The court may on its OWN INITIATIVE object to an erroneous
jurisdiction and may ex mero motu take cognizance of lack of jurisdiction at
any point in the case and has a clearly recognized right to determine its own
jurisdiction.
Jurisdiction over the subject matter may be raised at any stage of the
proceedings, even for the first time on appeal. When the court dismisses the
complaint for lack of jurisdiction over the subject matter, it is common reason
that the court cannot remand the case to another court with the proper
jurisdiction. Its only power is to dismiss and not to make any other order.
EFFECT OF ESTOPPEL ON OBJECTION TO JURISDICTION
The active participation of a party in a case is tantamount to recognition of
that courts jurisdiction and will bar a party from impugning the courts
jurisdiction. The general rule remains: a courts lack of jurisdiction may be
raised at any stage of the proceedings even on appeal. The Sibonghanoy
applies only to exceptional circumstances.
Doctrine of estoppels by laches (in relation to objections to jurisdiction) =
the SC barred a belated objection to jurisdiction that was raised only after an
adverse decision was rendered by the court against the party raising the
issue of jurisdiction and after seeking affirmative relief from the court and
after participating in all stages of the proceedings.
The SC frowns upon the undesirable practice of submitting ones case for
decision, and then accepting the judgment only if favorable, but attacking it
for lack of jurisdiction if it is not.
JURISDICTION OVER THE ISSUES
It is the power of the court to try and decide issues raised in the pleadings of
the parties.
An issue is a disputed point or question to which parties to an action have
narrowed down their several allegations and upon which they are desirous of
obtaining a decision. Where there is no disputed point, there is no issue.
Generally, jurisdiction over the issues is conferred and determined by the
pleadings of the parties. The pleadings present the issues to be tried and
determine whether or not the issues are of fact or law.
a) may also be determined and conferred by stipulation of the parties as
when in the pre-trial, the parties enter into stipulations of facts and
documents or enter into agreement simplifying the issues of the case.
b) may also be conferred by waiver or failure to object to the presentation
of evidence on a matter not raised in the pleadings. Here the parties
try with their express or implied consent or issues not raised by the
pleadings. The issues tried shall be treated in all respects as if they
had been raised in the pleadings.
JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION
Jurisdiction over the res refers to the courts jurisdiction over the thing or the
property which is the subject of the action.
Jurisdiction over the res may be acquired by the court
1) by placing the property or thing under its custody (custodia legis) (the
seizure of the thing under legal process whereby it is brought into
actual custody of law). Example: attachment of property.
2) through statutory authority conferring upon it the power to deal with
the property or thing within the courts territorial jurisdiction
(institution of a legal proceeding wherein the power of the court over
the thing is recognized and made effective). Example: suits involving
the status of the parties or suits involving the property in the
Philippines of non-resident defendants.
JURISDICTION OF THE SUPREME COURT
CRIMINAL CASES
EXCLUSIVE ORIGINAL JURISDICTION
Petitions for certiorari, prohibition and mandamus against CA and
Sandiganbayan
CONCURRENT JURISDICTION
a) With the CA and RTC: petitions for certiorari, prohibition and
mandamus against the MTC
b) With the CA: petitions for certiorari, prohibition and mandamus
against the RTC
c) with Sandiganbayan: petitions for mandamus, prohibition,
certiorari, habeas corpus, injunction and ancillary writs in aid of its
appellate jurisdiction and over petitions of similar nature, including
quo warranto arising or that may arise in cases filed or which may
be filed.
APPELLATE JURISDICTION
a) from the RTC in all criminal cases involving offenses for which the
penalty is reclusion perpetua or life imprisonment, and those
involving other offenses which, although not so punished, arose out
of the same occurrence or which may have been committed by the
accused on the same occasion;
b) Automatic review where death penalty is imposed.
c) By petition for review on Certiorari from the CA, Sandiganbayan and
from the RTC where only error or question of law is involved
Note: In PP vs. Mateo (2004), the SC held that while the Fundamental Law
requires a mandatory review by the SC of cases where the penalty
imposed is reclusion perpetua, life imprisonment or death, nowhere
however, has it proscribed an intermediate review. If only to ensure
utmost circumspection before the penalty of reclusion perpetua, life
imprisonment or death is imposed, the Court now deems it wise and
compelling to provide in these cases a review by the CA before the case is
elevated to the SC. A prior determination by the CA on, particularly, the
factual issues, would minimize the possibility of an error of judgment. If
the CA should affirm the penalty of reclusion perpetua, life imprisonment
1)
2)
3)
4)
The requisites that the offender the offender occupies salary Grade 27 and
the offense must be intimately connected with the official function must
concur for the SB to have jurisdiction Justice Magdangal De Leon
Note: In cases where the only penalty is fine, the amount thereof shall
determine jurisdiction. If the amount exceeds P4,000, the RTC has
jurisdiction.
3) Family Court Criminal Cases
a) One or more of the accused is/are below 18 years old but not less
than 9 years old;
b) Where one of the victims is a minor at the time of the commission
of the offense;
c) Cases against minors cognizable under the Dangerous Drugs Act;
d) Violations of RA 7610, otherwise known as the Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act
as amended by RA 7658; and
e) Cases of domestic violation against women and their children.
APPELLATE JURISDICTION
All cases decided by the MTC in their respective territorial
jurisdiction.
CIVIL CASES
EXCLUSIVE ORIGINAL JURISDICTION
1) The action is incapable of pecuniary estimation (such as rescission of
contract, action to revive judgment, declaratory relief (1 st part), support,
expropriation)
2) Title to, possession of, or interest in, real property with assessed
value exceeding P20,000 outside Metro Manila, or exceeds P50,000 in
Metro Manila
3) If the amount involved exceeds P300,000 outside MM or exceeds
P400,000 in MM in the following cases:
a) Admiralty and maritime cases
b) Matters of Probate (testate and intestate)
c) Other actions involving personal property
d) Demand for money
4) Cases not falling within the jurisdiction of any court, tribunal, person or
body exercising judicial or quasi-judicial functions (general jurisdiction
of RTC)
5) All actions involving the contract of marriage and family relations
JURISDICTION OF FAMILY COURTS (RA 8369)
a) Petitions for guardianship, custody of children and habeas corpus
involving children
b) Petitions for adoption of children and the revocation thereof
c) Complaints for annulment of marriage, declaration of nullity of
marriage and those relating to status and property relations of
husband and wife or those living together under different status and
d)
e)
f)
g)
1)
2)
3)
4)
5)
CONCURRENT JURISDICTION
1) Petitions of Muslim for the constitution of the family home, change of
name and commitment of an insane person to an asylum
2) All other personal and legal actions not mentioned in par 1 (d) wherein
the parties involved are Muslims except those for forcible entry and
unlawful detainer, which shall fall under the exclusive jurisdiction of
the MTC.
3) All special civil actions for interpleader or declaratory relief wherein the
parties are Muslims or the property involved belongs exclusively to
Muslims
Cases that can be files:
1) Offenses defined and punished under PD 1083
2) Disputes relating to:
a. Marriage
b. Divorce
c. Betrothal or breach of contract to marry
d. Customary dowry (mahr)
e. Disposition and distribution of property upon divorce
f. Maintenance and support and consolatory gifts (muta)
g. Restitution of marital rights
3) Disputes relative to communal properties
b) the civil aspect of criminal actions, either filed before the institution of
the criminal action, or reserved upon the filing of the criminal action in
court, pursuant to Rule 111 (Sec. 4, AM 08-8-7-SC).
These claims may be:
a) For money owed under the contracts of lease, loan, services, sale, or
mortgage;
b) For damages arising from fault or negligence, quasi-contract, or
contract; and
c) The enforcement of a barangay amicable settlement or an arbitration
award involving a money claim pursuant to Sec. 417 of RA 7160 (LGC).
CASES COVERED BY RULES ON SUMMARY PROCEDURE (SEC. 1 RSP)
CIVIL CASES
1) All cases of forcible entry and unlawful detainer (FEUD ), irrespective
of the amount of damages or unpaid rentals sought to be recovered.
Where attorneys fees are awarded, the same shall not exceed P20,000;
2) All other cases, except probate proceedings where the total amount of the
plaintiffs claim does not exceed P100,000 (outside MM) or P200,000 (in
MM), exclusive of interest and costs.
CRIMINAL CASES
1) Violations of traffic law, rules and regulations;
2) Violation of the rental law;
3) All other criminal cases where the penalty prescribed is imprisonment not
exceeding six (6) months, or fine not exceeding P1,000, or both,
irrespective of other imposable penalties, accessory or otherwise, or of the
civil liability arising therefrom, provided, that in offenses involving damage
to property through criminal negligence, RSP shall govern where the
imposable fine does not exceed P10,000.
RSP does not apply to a civil case where the plaintiffs cause of action
is pleaded in the same complaint with another cause of action subject
to the ordinary procedure; nor to a criminal case where the offense
charged is necessarily related to another criminal case subject to the
ordinary procedure.
TOTALITY RULE
Where there are several claims or causes of actions between the same or
different parties, embodied in the same complaint, the amount of the
demand shall be the totality of the claims in all the claims of action,
irrespective of whether the causes of action arose out of the same or different
transactions (Sec. 33[1], BP 129).
CIVIL PROCEDURE
ACTIONS
Action (synonymous with suit) is the legal and formal demand of ones
right from another person made and insisted upon in a court of
justice. The kinds of actions are ordinary and special, civil and criminal, ex
contractu and ex delicto, penal and remedial, real, personal, and mixed
action, action in personam, in rem, and quasi in rem.
ORDINARY
ACTIONS
CIVIL
ACTIONS,
SPECIAL
CIVIL
ACTIONS,
CRIMINAL
Ordinary civil action is one by which one party sues another, based
on a cause of action, to enforce or protect a right, or to prevent or redress a
wrong, whereby the defendant has performed an act or omitted to do an act
in violation of the rights of the plaintiff. (Sec. 3a) The purpose is primarily
compensatory.
Special civil action actions which while governed by the rules for
ordinary civil actions, are subject to special rules provided for Special Civil
Actions
Criminal action is one by which the State prosecutes a person for an
act or omission punishable by law (Sec. 3[b], Rule 1). The purpose is primarily
punishment.
CIVIL ACTIONS VERSUS SPECIAL PROCEEDINGS
The purpose of an action is either to protect a right or prevent or redress a
wrong. The purpose of special proceeding is to establish a status, a right
or a particular fact.
PERSONAL ACTIONS AND REAL ACTIONS
An action is REAL when it affects title to or possession of real property, or an
interest therein. All other actions are personal actions.
An action is real when it is founded upon the privity of real estate, which
means that the realty or an interest therein is the subject matter of the
action. The issues involved in real actions are title to, ownership, possession,
partition, foreclosure of mortgage or condemnation of real property.
Not every action involving real property is a real action because the realty
may only be incidental to the subject matter of the suit. Example is an action
CLAIM
A right possessed by one against
another.
The moment said claim is filed before a
court, the claim is converted into an
action or suit.
Classification Of Actions
ORDINARY CIVIL ACTION
Governed by ordinary rules
Formal demand of ones legal rights in a
ACTION IN REM
Directed against the thing
itself
Judgment is binding on
the whole world
Ex.
Land
registration
case;
probate
proceedings
for
the
allowance of will
Real Action
Ownership or possession
or
real
property
is
involved
Founded on privity of
estate
Ex. Action reivindicatoria
actions.
ACTION IN PERSONAM
Directed against particular
persons
Judgment is binding only
upon
the
parties
impleaded
or
their
successors in interest
Ex. Action to recover
damages; action for
breach of contract
Personal Action
Personal
property
is
sought to be recovered or
where
damages
for
breach of contract are
sought
Founded on privity of
contract
Ex. Action for a sum of
money
ACTION IN REM
Directed against particular
persons
Judgment binding upon
particular persons, but the
real motive is to deal with
real property or to subject
said property to certain
claims
Ex. Unlawful detainer or
forcible entry; judicial
foreclosure of mortgage
Mixed Action
Both real and personal
properties are involved
Founded on both
Ex. Action publiciana with
a claim for damages
1. The amount of damages prayed for should be specified not only in the
body of the pleading but also in the prayer, and said damages shall be
considered in the assessment and payment of the docket fee.
2. In order to vest jurisdiction over the subject matter or nature of the
action with the trial court , it is imperative that both the filing of the
complaint or the appropriate initiatory pleading and the payment of
the prescribed docket fee be performed.
3. Without the payment of the correct docket fee, no original complaint or
similar pleading is considered filed. Hence, there can be no
amendment of such complaint or similar pleading, nor can there be
payment of docket fees bases in the amount sought in the amended
pleading that would vest jurisdiction in the court.
4. The court may allow the payment of the deficient docket fee within a
reasonable period but mot beyond the applicable prescriptive or
reglementary period. This gives rise to the conclusion that if the
complete docket fee is not paid, the prescriptive period continues to
run as the complaint is deemed not filed. The same rule applies to
permissive counterclaims and third-party complaints.
5. Where the court awards claims not specified in the pleadings, such as
damages arising after the filing of the complaint or similar pleading,
the additional filing fees therefore shall constitute a lien on the
judgment.
Sec. 6. Liberal Construction.
Can the court motu proprio dismiss an action if, on its face, it has no
jurisdiction?
Yes, it can. When it appears from the pleadings or the evidence
on record that the court has no jurisdiction over the subject matter,
then the court should dismiss the case.
In what specific instances can the court dismiss the case motu
proprio?
The court can dismiss an action motu proprio in the following cases:
1. If there is another action pending between the same parties for the
same cause (litis pendentia).
2. If the action is barred by a prior judgment (res judicata).
3. If the action is barred by the statute of limitations (prescription).
When is jurisdiction over the parties acquired?
1. Jurisdiction over the Plaintiff is acquired through filing of the
initiatory pleading and the payment of the correct docket and filing fees.
2. Jurisdiction over the Defendant is acquired either through:
a. Valid service of summons; or
b. Voluntary appearance in court.
When is jurisdiction over the person of the defendant required?
Jurisdiction over the person of the defendant is required only in
actions in personam or those which only incur personal liability.
Where the court has no jurisdiction over the case, the judgment is void
and it may be challenged at any time in any proceeding. All acts of the court
rendered without jurisdiction are null and void.
What happens to the testimony of a witness if the action is
dismissed for lack of jurisdiction over the subject matter?
If an action is dismissed for lack of jurisdiction over the subject matter,
the testimony of any witness in said proceedings is also inadmissible in
evidence.
What confers jurisdiction over the subject matter? What is the
exception?
Jurisdiction over the subject matter is conferred by the
Constitution or by the law. Examples of laws conferring jurisdiction over
the subject matter are B.P. Blg. 129, R.A. 7691, law creating the
Sandiganbayan, and the law creating the Court of Tax Appeals.
An exception to this is when, in an ejectment case, the answer
alleged tenancy as a defense. In such an instance, the court should not
dismiss the case outright. It must conduct preliminary hearing to determine
tenancy. This is the only instance where the answer may determine
jurisdiction.
What power does the court have if a case in which it has no
jurisdiction is filed before it?
Where the court has no jurisdiction over the subject matter, the only
power it has is the power to dismiss the case.
When the court dismisses a complaint for lack of jurisdiction over the
subject matter, it is common reason that the court cannot remand the case to
another court with proper jurisdiction.
Before, the old jurisdiction was like this. If case field with the Court of
Appeals (CA) and it has no jurisdiction over the subject matter, the CA should
order that the records be elevated to SC. If the case is filed with the Supreme
Court and it finds out that it has no jurisdiction, it will simply remand the case
to the CA. But this procedure is no longer correct.
Now, if the court has no jurisdiction over the subject matter,
dismiss it. The only power of the courts is to dismiss the case and not to
make any other order. Reasoning: if the case is dismissed, the party will have
to re-file and pay docket fees again.
How is jurisdiction over the subject matter determined?
Jurisdiction over the subject matter is determined solely on the basis of
the averments in complaint and not evidence aliunde. Jurisdiction over the
subject matter does not depend on the allegations in the answer or in a
motion to dismiss.
What is the Doctrine of Continuity of Jurisdiction? What are the
exceptions to this Doctrine?
The doctrine of continuity of jurisdiction means that jurisdiction
continues until the case is terminated. Once acquired, it is not
affected by subsequent legislative enactment placing the jurisdiction
in another court. Thus, even if a new law transfers the jurisdiction of a case
to another court, the new law does not divest the present court where the
case is filed of jurisdiction.
There are two (2) exceptions to this doctrine:
1. If it is expressly provided in the new law; or
2. If it is clearly intended from its provisions.
What determines the nature of an action? What is the exception?
The allegations in the body of the complaint determine the nature
of the action. It is not the caption.
There is an exception to this rule. The court may go beyond the
body of the complaint in determining jurisdiction when, in an ejectment
case, the answer alleged tenancy as a defense. In such an instance, the
court should not dismiss the case outright. It must conduct preliminary
hearing to determine tenancy.
This is the only instance where the answer may determine jurisdiction.
If the court finds that the ejectment case is really one of tenancy, it
shall dismiss the case because it is the Department of Agrarian Reform
Adjudication Board (DARAB) which has jurisdiction.
Note: The exception here is similar to the exception under (M), on
what confers jurisdiction over the subject matter.
Distinguish jurisdiction over the nature of the action from
jurisdiction over the subject matter.
Jurisdiction over the nature of the action is different from
jurisdiction over subject matter, which is defined by law.
Suppose the complaint says that it involves subdivision lots or
condominiums. The Regional Trial Court (RTC) has no jurisdiction over the
nature of the action because cases involving subdivision lots and
condominiums have to be filed before the Housing and Land Urbanization
Regulatory Board (HLURB) pursuant to the Condominium Act, although in
normal situations the RTC may have jurisdiction over the case.
Lack of jurisdiction over the nature of the action is the
situation that arises when the court, which ordinarily would have
authority and competence to take the case, is rendered without
competence, either because a special law has limited the exercise of
its normal jurisdiction over a particular matter or because the type of
action has been reposed by law to other boards or quasi-judicial agencies.
Examples of this are intra-corporate disputes which are already in the
RTC but commercial courts; subdivisions HLURB; tenancy DARAB; and
labor NLRC.
What is the Residual or Residuary Jurisdiction of Courts?
As a general rule, once an appeal to a higher court has been
perfected, the lower court loses jurisdiction. The exception to this is
when the lower court is exercising its residual jurisdiction.
This means that although the appeal has been perfected, the lower
court still has the power to issue writs and processes for the protection of the
rights of the parties, until such time that the entire records of the case has
been forwarded to the higher court.
What is the Doctrine of Primary Jurisdiction?
Courts cannot and will not determine a controversy involving a
question which is within the jurisdiction of an administrative tribunal,
especially if the question demands the exercise of a sound administrative
discretion which requires special knowledge, experience, and expertise of a
quasi-judicial agency.
Duty of the Courts to Consider Question of Jurisdiction.
It is the duty of the courts to consider the question of jurisdiction
before it looks at other matters involved in the case. If there is a motion to
dismiss on the ground of absence of jurisdiction over the subject matter, it
must first resolve such motion. It must not defer the question of jurisdiction
and proceed to trial.
Courts are bound to take notice of the limits of its authority. In other
words, it must take judicial notice of its jurisdiction. Courts may accordingly
dismiss the action even though the issue of jurisdiction is not raised or
suggested.
Distinguish between error of judgment and error of jurisdiction.
1. Error of jurisdiction This occurs when court exercises a
jurisdiction not conferred upon it by the Constitution or by the law.
It renders the entire proceedings and the judgment void or at
least voidable. But the proceedings and the judgment will only be pronounced
void if it is collaterally attacked.
The remedy in error of jurisdiction is a special civil action for
prohibition, not certiorari because you may file petition for certiorari even if
you recognize the jurisdiction of the court. The function of prohibition is to
strike at the very jurisdiction of the court.
It may also occur that the court, although vested with jurisdiction, acts
with grave abuse of discretion amounting to lack or excess of jurisdiction. In
such an instance, the remedy is a petition for certiorari under Rule 65.
Example: The court may have jurisdiction over the subject matter, say,
the amount of the claim is P500,000 and was filed with the RTC. There is no
question that the court has jurisdiction. But the court issued an order for the
issuance of a writ of attachment where there is no ground for the issuance of
the writ. This is an error in the exercise of its jurisdiction amounting to lack or
excess of jurisdiction. Courts have discretion to issue orders of attachment
but if it abuses its discretion, that order may be corrected via certiorari under
Rule 65.
2. Error of judgment or error in the exercise of jurisdiction not
amounting to lack or excess of jurisdiction Here the courts only
commit errors of procedure or mistakes in the appreciation and determination
of the facts and the law. Thus, it does not render the judgment void.
Moreover, such errors may be reviewable through ordinary appeal.
Averment or Evidence?
Jurisdiction is determined not by the evidence presented in court and
what is proven thereat, but by the allegations made in the complaint.
Thus, if by the averments in the compliant the court has jurisdiction, it
does not lose that jurisdiction simply because the defendant makes a
contrary allegation in his motion or answer or because the court believes that
the plaintiffs claims are ridiculous and therefore untrue.
Example: So if the plaintiff says that the defendant is liable for the sum
of P500,000 and defendant says only P100,000, the court should conduct pretrial and trial. And, if in the course of the trial, it finds that the liability of the
defendant is only P100,000, it should not dismiss the case because
jurisdiction is based on the allegations in the complaint, not on the evidence
in the course of the trial.
Case: Dela Cruz vs. CA (2006): Jurisdiction is not determined either by
the defenses or by the evidence at the trial. The settled rule is that
jurisdiction is based on the allegations in the initiatory pleading and
the defenses in the answer are deemed irrelevant and immaterial in
its determination
Case: Dela Rosa vs. Roldan (2006): the jurisdiction of the court over
the subject matter cannot be made to depend on the defenses set up in the
trial or upon a motion to dismiss, for otherwise the question of jurisdiction
would depend almost entirely on the defendant. Jurisdiction does not depend
on the amount ultimately substantiated in the course of the trial or
proceedings. It is an established principle that jurisdiction is
determined by the cause of action in the complaint and not by the
amount substantiated and awarded.
What is the Rule on Curative Jurisdiction?
Rule on curative jurisdiction: Case: Northwest Airlines: A case was filed
for sum of money. The RTC originally had no jurisdiction because the amount
was P400,000 or less. But since there was a counterclaim asking for sum of
money for P500,000 which is within the jurisdiction of the RTC, so the court
took cognizance of the case.
What is the Doctrine of Supervening Event?
Case: Echegaray vs. Sec of Justice: The finality of the judgment does
not totally deprive the court of jurisdiction over the case. What the court
loses is only its power to amend, modify, or alter the judgment. Even after
the judgment has become final the court retains jurisdiction to enforce and
execute it. Meaning, the case is never considered terminated if the judgment
has not yet been satisfied.
In this case, Atty. Te, counsel for Echegaray, filed two (2) motions for
reconsideration. In the second motion, he mentioned that there was a move
in Congress to prohibit death penalty. He said that this might be a law which
may prevent the execution of Echegaray (this is the part where the Doctrine
of Supervening Event is made applicable).
The Solicitor General argued that once a judgment has become final
and executory, it is a matter that is to be dealt with by the Executive
Department.
The Supreme Court said no. Even the executory process is
within power of the courts.
Jurisdiction over the Issue
Jurisdiction over the issue is the power to try and decide issues raised
in the pleadings of the parties.
This kind of jurisdiction is determined by the allegations in the
pleadings and also in the pre-trial order. There must be an issue. If there is no
issue, the court will render judgment on the pleadings. If there is an issue but
not genuine, the court will render a summary judgment.
If in the course of the trial one party raises an issue not defined by the
pleadings or in the pre-trial order, the other party must object. The court will
have no jurisdiction over the issues raised.
But there should be liberal construction of the rules. Sometimes the
judge allows the presentation of the evidence. Then later on, the pleadings
will be amended so as to conform with the evidence.
Case: Reyes vs. Diaz: Generally jurisdiction over the issues is
conferred and determined by the pleadings. Or it may be conferred by
stipulation of the parties (written stipulation of facts submitted by the
plaintiff and defendants).
Jurisdiction over the issues may also be conferred by waiver or
failure to object to the presentation of evidence on a matter not
raised in the pleadings. For instance, when evidence is presented to raise
new issues, but no objection was raised. The other party is already estopped
from questioning the move of the other party to raise new issues. Thus, the
party who presented evidence may file a motion to amend issues to conform
the same to the evidence.
Jurisdiction of the MTC (includes MeTC, MTCC, and MCTC and other
courts of same jurisdiction)
a. Basic law: B.P. 129 amended by R.A. 7691 (expanding the jurisdiction
of the MTC).
b. Exclusive Original Jurisdiction:
1. Actions involving personal property Since April 15, 2004, the
amount is now P300,000 for those outside Metro Manila and P400,000 if
within Metro Manila.
2. Forcible Entry and Unlawful Detainer regardless of the
amount.
If the case was filed one (1) year after demand, the RTC has
jurisdiction, if it has jurisdiction over the subject matter.
As a general rule, cadastral and land registration cases are with the
RTC. But by way of exception, they may be delegated by SC to the MTC,
provided that the lots have no controversy or opposition, or even if contested,
the value does not exceed P100,000 pesos.
d. Special Jurisdiction
Generally, petitions for habeas corpus is allowed only from the highest
to the lowest court except MTC,
The exception is, under the MTCs special jurisdiction, it may entertain
habeas corpus cases in the absence of all RTC judges in the province or city.
e. Civil Cases subject to Summary Procedure
1. Forcible entry and Unlawful detainer, and
2. All other claims where the total claim does not exceed P100,000
outside Metro Manila or P200,000 if within Metro Manila, exclusive of interests
and costs.
Probate proceedings are not covered by the rule on summary
procedure even if the gross value of the estate does not exceed 10, 200t MM
How do you determine the jurisdictional amount?
If damages are only incidental to or a consequence of the main cause
of action, then exclude the following:
1. interests;
2. damages of whatever kind;
3. attorneys fees;
4. litigation expenses and costs.
If the main cause of action is money, then the jurisdictional amount is
based on the total amount of the claims including the above items.
What is the Totality Rule?
If there are several claims or causes of action, either between the
same parties or different parties, embodied in one complaint, the rule is: the
amount of the demand shall be the totality of the claims of all the
causes of action irrespective of whether the causes of action arose
out of the same or different transactions (Sec. 33, No.1, B.P. 129, as
amended by 7691).
Territorial Extent of Court Processes
1. Attachment anywhere in the Philippines;
2. Execution of judgment anywhere in the Philippines;
3. Subpoenas anywhere in the Philippines;
4. Injunction only within the region.
5. Search Warrant As a general rule, it can only be issued by the
court within its territorial jurisdiction.
Other laws which provide that cases filed pursuant to such laws
should be lodged in Family Courts:
1. R.A. 7610 (children, child abuse);
2. VAWC;
3. Trafficking in Persons especially if it involves minors.
Is the Sandiganbayan a Constitutional Court?
It is constitutionally mandated but it is not a constitutional court. In
categorical and explicit language, the Constitution provided for it but did not
create a special court of the Sandiganbayan.
A court en banc is not an appellate court
Case: Nunez vs. Sandiganbayan: A court en banc is not an appellate
tribunal vis--vis the divisions and exercises no appellate or supervisory
jurisdiction over the latter.
The Supreme Court may amend the Rules
The SC may amend a rule in the Rules of Court that has already been
amended by Congress.
Extraordinary Jurisdiction (Expanded Jurisdiction)
As a general rule, the Supreme Court has the power to settle actual
controversies involving rights that are legally demandable and enforceable
(Section 1, Article VIII, 1987 Constitution).
The second part is the extraordinary jurisdiction of the Supreme Court:
It also has the power to determine whether or not there has been grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the government, including the executive and
legislative department.
When is a case deemed filed?
Legaspi vs. Ramileti: A case is deemed filed only upon payment of
the docket fee regardless of the actual date of filing.
Manchester Rule
You must allege all claims for damages in the prayer as well as
in the body of the pleading. If you put the amount of damages in the body
but not in the pleading, the court will not award it.
Effect of failure to pay docket and other lawful fees or failure to pay
the correct docket and other lawful fees; exceptions
If you failed to pay docket fees or failed to pay the correct docket and
other lawful fees, the case will be dismissed.
Exceptions:
1. Case: Sun Insurance vs. Asuncion: If the correct docket and other
lawful fees were not paid and there was no deliberate attempt to cheat the
government then the court will issue an order for the plaintiff to pay within a
reasonable period of time.
2. Case: Plaintiff failed to pay correct amount because the clerk of
court who received the complaint committed an error in the computation.
Give reasonable time to pay the docket and other lawful fees.
Does filing the complaint alone confer jurisdiction on the court to
hear and try the case?
Filing of the complaint alone does not confer jurisdiction. It must be
coupled with payment of docket and other lawful fees.
Can jurisdiction be waived or be subject to stipulation by the
parties?
Jurisdiction cannot be acquired through, or waived, enlarged or
diminished by any act or omission of the parties. Dili pwd mag-sabot2x ug
jurisdiction because it is conferred by law. It cannot even be
conferred by acquiescence of the court.
Error of Jurisdiction v. Error of Judgment
1. Error of Jurisdiction the court or quasi-judicial agency acts
without or in excess of jurisdiction. It renders the judgment and the
proceedings void or at least voidable. The remedy is petition for
certiorari under Rule 65.
2. Error of Judgment court commits an error in the exercise of
its jurisdiction including errors in procedure and mistakes in the
courts findings. It neither renders the proceedings nor the decision void.
The remedy is ordinary appeal.
Doctrine of Judicial Stability
No court has authority to interfere by injunction with the
judgment of another court with coordinate jurisdiction or to pass upon
or scrutinize or much less declare as unjust the judgment of another court.
Doctrine of Ancillary Jurisdiction
This refers to the inherent or implied powers of the court to
determine issues incident to the performance of their vested
jurisdiction.
Policy of Judicial Hierarchy
A higher court will not entertain a direct resort to it, unless the
redress cannot be obtained in the appropriate lower court.
Doctrine of Primary Jurisdiction
Regular courts are devoid of jurisdiction and will not determine a
controversy involving a question which is within the jurisdiction of
an administrative tribunal, especially when the question demands the
Taruc v. Dela Cruz: This case involves the Bishops of the Aglipayan
Church. If it is a matter regarding the expulsion and excommunication of the
bishops, it is a matter best left to the discretion of the officials and laws or
cannons of the church tribunals, except if property rights are involved.
Estoppel by Laches
Bank of Commerce v. Pablo, Jr. (2007): A party may be barred from
raising questions of jurisdiction when estoppel by laches has already set in.
So participation in all stages of the trial which concluded in upholding the
authority of the court by asking for affirmative relief effectively bars the party
by estoppel from challenging the jurisdiction of the court.
Jurisdiction of Commission on Audit
Salvador Cario v. COA and Chief of Staff (2007): The jurisdiction of the
Commission on Audit (COA) over money claims against the government does
not include the power to rule on the constitutionality or validity of laws.
The Manchester Ruling
Plaintiff was not able to pay the correct docket and other lawful fees. It
was not his fault but the fault of the clerk of court. The Manchester ruling
does not apply to cases wherein sufficient filing fees were paid based on the
assessment made by the clerk of court and there was no intention to defraud
the government.
Assessed Value not Market Value
Where the case is a real action involving cancellation of titles and
reconveyance of properties, the computation of the docket fees should be
based on the assessed or estimated value of the property.
Elario v. Salvador Callejo (2005): The jurisdiction of the court over an
action involving title to or possession of or interest in land is now determined
by the assessed value of the property not on the market value. The
determining jurisdictional element for accion reivindicatoria is the assessed
value of the property in question. For properties in the province, the RTC has
jurisdiction if the value of the property exceeds P20,000 and the MTC if the
value of the property is P20,000 and below.
Action for Unlawful Detainer
Ramos v. Tateland: An action for unlawful detainer is within the
exclusive jurisdiction of MTC, except in cases involving tenancy laws and
where the law expressly provides otherwise. An action not involving agrarian
dispute but only for recovery of possession of real property is within the
jurisdiction of regular courts.
Government Lands: MTC or RTC?
If what is in dispute in a forcible entry or an unlawful detainer case is a
government land, is it allowed to file the case with the MTC? Yes, it is allowed.
The nature of the land is immaterial. The sole issue in a forcible entry or an
unlawful detainer case is possession.
Subject Matter of Agricultural Tenancy
CAUSE OF ACTION
Delict or wrongful act or omission by
the defendant in violation of the
primary rights of the plaintiff
The reason for the action
Not affected by the running of the
statute of limitations, by estoppel or
other circumstances
Determined by facts as alleged in the
complaint and not the prayer therein
RELIEF
The redress, protection,
award
or
coercive
measure
which
the
plaintiff prays the court to
t\render in his favor as a
consequence of
the
delict committed by the
defendant
RIGHT OF ACTION
Remedial right or right to relief granted by
law to a party to institute an action
against a person who has committed a
delict or wrong against him
The remedy or means afforded or the
consequent relief
May be taken away by the running of the
statute or limitations, by estoppels, or
other circumstances
Determined by substantive law
REMEDY
The procedure or type of
action which may be
availed of by the plaintiff
as the means to obtain
the desired relief
SUBJECT MATTER
The thing, wrongful act,
contract or property which
is directly involved in the
action, concerning which
the wrong has been done
and with respect to which
the
controversy
has
arisen.
E. Administrative Cases
In administrative cases, the issue is not whether the complainant has a
cause of action against the respondent, but whether or not the respondent
has reached the norms and standards of the office.
This is similar to declaratory relief. In declaratory relief, do not talk
about cause of action.
F. Unlawful Detainer Case
If the unlawful detainer case is predicated upon the defendants failure
to pay rentals, the demand should not be pay or vacate but should be
pay AND vacate. It should not be or since if we are going to use or,
the case should be collection of sum of money and not ejectment (Barazon v.
RTC of Baguio).
So if the demand is pay and vacate the cause of action is one for
unlawful detainer and should be filed with the MTC.
G. Distinguish Failure to State a Cause of Action and Lack of a Cause
of Action
Failure to state a cause of action means that the complaint is
deficient. One of the elements of a cause of action is missing.
While lack of a cause of action means that the complaint may have
all the elements of a cause of action. So plaintiff presented evidence but he
was not able to prove his cause of action. Thus, the case will be dismissed for
lack of cause of action. So that is the meaning of lack of cause of action.
H. How to Determine Failure to State a Cause of Action and Lack of a
Cause of Action
Failure to state a cause of action is determined by referring to the
allegations in the pleading asserting the claim. While lack of a cause of action
is determined by referring to the evidence adduced.
I. When is there failure to state a cause of action?
There is a failure to state a cause of action when the allegations in the
complaint, taken together, do not completely spell out the elements of a
particular cause of action.
J. What is the test of the sufficiency of the statement of a cause of
action?
The test is: whether or not, admitting the facts alleged, the court will
render a valid verdict in accordance with the prayer of the complaint.
Sec. 3. One suit for a single cause of action.
A party may not institute more than one suit for a single cause of action.
A. One Suit for a Single Cause of Action
A party may not institute more than one suit for a single cause of action.
If there is only one agreement, one transaction, one incident, one event, but
several rights are violated, you file one case only. Do not split the cause of action.
B. What is relief?
It is the redress sought or prayed for by the plaintiff.
C. What is a remedy?
It is the appropriate legal form of relief whereby a remedial right may be
enforced (Backrack v. Ecarea).
D. What is a right of action?
It is the right to commence and prosecute an action to obtain the relief
sought.
E. Elements of Right of Action
1. Existence of a cause of action;
2. Performance of all the conditions precedent;
3. Right to bring and maintain the action must be the person whose right
was violated or prejudiced.
Sec.4. Splitting a single cause of action; effect of.
If two or more suits are instituted in the basis of the same cause of action, the
filing of one or a judgment upon the merits in any one is available as a ground for
the dismissal of the others.
SPLITTING CAUSE OF ACTION- the practice of dividing one cause of action
into different parts and making each part subject of a separate complaint. It
is applicable to complaints, counterclaims, and crossclaims.
What is splitting of cause of action?
Splitting of a cause of action is the act of dividing single cause of
action, claim, or demand into two or more parts and bringing action for one of
such parts only. A single cause of action cannot be split.
Effect of Splitting a Single Cause of Action
If two or more suits are instituted on the basis of the same cause of
action, the filing of one or judgment upon the merits in anyone is a ground for
the dismissal of the action. This applies only to causes of action already
existing.
The single delict or wrong may consist of a single act or a series of acts
or a single transaction or a series of transactions.
Example: You obtained a loan from a bank with real estate mortgage.
Bank cannot file one case for collection of sum of money and another case for
foreclosure of mortgage. It may only either file collection of sum of money
and waive foreclosure, or foreclose the mortgage and recovery deficiency
judgment.
Contracts creating Obligations to be performed at Different Times
Construction Contract. This is what is provided in a construction contract
For the first three months, there is an obligation to deliver sand and gravel,
and for the next three months, delivery of steel bars. The obligation for the
first three months was complied, but the obligation for the following three
months, was not complied. So, file an action for failure to perform the second
part of the contract.
But if there was no performance for the first three months, and one of
the parties said that the contract is already null and void, the party who
nullified the contract can sue the other party even if the other party has not
yet performed the remainder of his obligation.
PAYMENT BY INSTALLMENT. This is the same with installment. The debt for
example is to be paid in four installments. For the first installment, the debtor
paid. But in the second, he did not. So the creditor may sue the debtor for
collection on the non-payment in the second installment. Then, the debtor
paid on the third installment but did not pay on the fourth. So, the creditor
may once again sue the debtor.
But this rule does not apply if there are two installments and both are
not paid. In such an instance, do not file one case for one installment and
another case for the other installment not paid. You must file only one case.
Even for example, in a situation where there are four installments, the
debtor failed to pay the second installment, so the creditor filed a case. But
later on, the debtor also failed to pay on the fourth installment. Here, the
creditor may file a supplemental pleading to include the fourth unpaid
installment (I am confused with this paragraph and the first paragraph under
PAYMENT BY INSTALLMENT).
Meaning of Subject Matter of the Action (this should have been under
Jurisdiction)
This means the physical facts, the things, real or personal, the money,
etc. in violation to which the suit is being prosecuted. It is the object in
dispute.
Actions for Recovery of Possession of Property
If you file an action for recovery of possession of property, do not file a
separate case for damages arising from deprivation of possession. That is
splitting.
If you file an action for recovery of land, also include recovery of the
fruits. If you file two cases, you are splitting a single cause of action.
4. Where the claims in all the causes of action are principally for
recovery of money, the aggregate amount shall be the test of jurisdiction
(totality rule).
Example: P200,000+P200,000+P200,000. Where do you file? RTC.
Warning: This condition will apply only if all the claims are principally
for recovery of sums of money. If not, do not apply this rule.
One last point: Forcible entry and unlawful detainer cannot be joined.
Unlawful detainer is governed by the rules on summary procedure.
Joinder of Causes of Action and Joinder of Parties
When the causes of action accrue in favor of the same plaintiff and
same defendant, meaning there is only one plaintiff and one defendant, it is
not necessary to ask whether or not the cause or causes of action arose of
the same transaction or series of transactions. This question is relevant only
when there are several plaintiffs and/or multiple defendants.
Action for Ejectment and Foreclosure of Mortgage
An action for ejectment is a special civil action. It cannot be lumped
together with ordinary civil actions. Foreclosure of mortgage is also a special
civil action. It also cannot be joined with ordinary civil actions.
Joinder of Parties
Is there proper joinder in the following illustration?
Suppose C is the creditor of B for P350,000, and also of E for P375,000.
Assuming that both debts are due and these debts were contracted
separately. C then joined B and E as defendants in one complaint two
debtors with separate debts.
Was the joinder proper?
No. It was not proper. There were separate debts. For proper joinder
of parties, the action must:
1. Arise out of the same transaction or series of transactions;
2. Same question of fact and law.
Here, since there were separate debts, the action did not arise out of
the same transaction or series of transactions and there were different
questions of fact and law.
Actions for Acknowledgment and Partition
Action for acknowledgment and action for partition may be joined.
The P50,000 and the P20,000 are under the jurisdiction of the MTC but
the P2,000,000 is under the jurisdiction of the RTC. Where will you file?
File the case with the RTC. You apply the totality rule. Since the totality
is more than P300,000, so proper jurisdiction is with the RTC.
Joinder of Parties
Actual case: Grand Cement in Naga, beside Luknay River. When Grand
Cement was built beside the river, they placed ripraps on the river banks,
thus restricting the flow of the river. When typhoon Nanang struck, the river
overflowed. More than 40 plaintiffs sued Grand Cement, its engineer,
manager, and other officers. There were several plaintiffs as well as several
defendants. The case arose out of the same incident. There were also
common questions of fact and law. Joinder of parties is allowed.
Collection of Sum of Money and Foreclosure of Mortgage (based on
separate causes of action)
The case involves only A and B. So, there is only one plaintiff and one
defendant. Both are residents of Cebu City. A alleges in his complaint the
following causes of action: (1) recovery of land located in Tagbilaran City; (2)
unpaid wages against B; (3) loan of P50,000 incurred by B; (4) foreclosure of
mortgage. Can the causes of action be properly joined?
(1) Recovery of land cannot be joined because of improper venue. The
property is located in Tagbilaran City; (2) Unpaid wages cannot likewise be
joined because of lack of jurisdiction; the case should have been filed with
the NLRC. Even issues regarding sale of townhouse belongs to HLURB. What
remains is collection of sum of money (P50,000) and foreclosure of mortgage.
Where do you file?
Foreclosure of Mortgage is a real action. Filing an action for foreclosure
of real property mortgage depends on where the real property is situated.
However in a recent case, jurisdiction would also depend on the
amount. If no amount, go to the MTC. If amount is stated and exceeds
jurisdictional amount of MTC, then file with the RTC.
Sec. 6. Misjoinder of causes of action.
MISJOINDER OF CAUSES of action is not a ground for dismissal of an action. A
misjoined cause of action may, on motion, of a party or on the initiative of the
court, be severed and proceeded with separately.
Misjoinder is not a Ground for Dismissal
Misjoinder of causes of action is not a ground for dismissal. Just drop
the misjoined party. A misjoined cause of action may be severed and
proceeded with separately.
Can court motu proprio drop one of the causes of action?
Yes. The Rules says on motion or on the initiative of the court.
without joining the principal except when the contract involves things
belonging to the principal.
Who are the representatives mentioned in Section 3?
1. Trustee of an express trust;
2. Guardian, in favor of the ward;
3. Executor or administrator of the estate;
4. Party auth by the law or rule, such as a labor union or political party.
Agent Acting in His Own Name and for the Benefit of An Undisclosed
Principal
An agent acting in his own name or for the benefit of an undisclosed
principal may sue or be sued without joining the principal, except if the contract
involves things belonging to the principal.
If Actions allowed to be Prosecuted by a Representative
Where the action is allowed to be prosecuted or defended by a
representative or someone acting in a fiduciary capacity, the beneficiary shall be
included in the title.
If it is the guardian who files the case, then the ward should be included in
the title of the case, since the ward is the beneficiary of the case filed by the
guardian.
If it is the administrator or executor, place Estate of X.
The impleading of the beneficiary is mandatory because he is actually the
real party in interest.
Who is the real party in interest?
The principal or person represented, or the beneficiary.
Who else are considered as representatives?
The receiver is considered as a representative of the court. He is not a
representative of plaintiff or the defendant. He is tasked to conserve and preserve
the property.
Classification of Parties
1. Indispensable
2. Necessary
3. Representative
4. Pro forma
5. Quasi
Formal Parties
Formal or proper parties are those who have no interest in the
controversy between immediate litigants.
If you file a petition for certiorari against the judge, the judge is not the real
party in interest. He is only a formal party. The rule does not require the judge to
answer. It is the party who is interested in sustaining the order or act of the judge
who should answer the petition for certiorari.
Nominal Parties
Nominal parties are those who are joined as plaintiffs or defendants not
because they have real interest in the subject matter or because any relief is
demanded against them, but merely because the technical rules of pleading
require their presence on the record.
Sec. 4. Spouses as parties.
Husband and wife shall sue or be sued jointly, except as provided by law.
Sec.5. Minor or incompetent persons.
A minor or a person alleged to be incompetent, may sue or be sued, with the
assistance of his father, mother, guardian, or if he has none, a guardian ad item.
A person need not be judicially declared to be incompetent in order
that the court may appoint a guardian ad item. It is enough that he be
alleged to be incompetent.
Again, what are the instances wherein the beneficiaries are required to be
included in the title of the case? These are cases when the following act as
parties to the case:
1.
2.
3.
4.
5.
law.
Requisites for Joinder of Parties
1. It must arise from the same transaction or series of transactions;
2. There must be a common question of fact and law;
Series of Transactions
This means separate dealings with parties.
Sec.7. Compulsory joinder of indispensable parties.
Who are indispensable parties?
They are parties in interest without whom no final determination final
determination can be had so they shall be joined either as plaintiffs or
defendant.
If an indispensable party is not joined or pleaded, is a motion to dismiss
the legal remedy?
Is motion to dismiss the legal remedy? No. If an indispensable party is not
joined then he must be joined, either on motion of one of the parties or motu
proprio.
If an Indispensable Party is not Joined During Trial
If during the trial, an indispensable party is not joined, the court cannot
proceed with the trial without his presence. Trial must be stopped and
court should order the inclusion of the indispensable party because his
presence is a condition sine qua non for the exercise of judicial power.
Refusal to Obey the Courts Order to plead an Indispensable Party
But suppose the court issued an order directing the plaintiff to plead an
indispensable party but the plaintiff failed or refused to comply with the order of the
court to plead the indispensable party, may the case be dismissed?
The answer is yes. It may be dismissed, not for failure to plead, but for
failure or refusal to comply with the order of the court.
Sec. 8. Necessary party.
INDISPENSABLE PARTIES
The action cannot proceed unless they
are joined
No valid judgment if indispensable party
is not joined
They are those with such an interest in
the controversy that a final decree would
necessarily affect their rights so that the
court cannot proceed without their
NECESSARY PARTIES
The action can proceed even in the
absence of some necessary parties
The case may be determined in court
but the
judgment therein will not
resolve the entire controversy if a
necessary party is not joined
They are those whose presence is
necessary to adjudicate the whole
controversy but whose interests are so
final decree can be made in their
presence
absence without affecting them
Sec. 9. Non-joinder of necessary parties to be pleaded.
Non-Joinder of Necessary Parties
If A will only sue X, he must explain or state the name if known and the
reason why Y and Z are not pleaded or are omitted. If the reason for omission is
unmeritorious, then the court may order the inclusion of Y and Z, if jurisdiction over
their persons can be obtained.
So that if Y is in the USA and Z is in UK, you cannot implead them because
they are beyond the jurisdiction of the court.
Effect of Failure to Comply with the Order of the Court to Implead the
Necessary Parties
If, in the above example, A failed to comply with the order of the court to
implead the necessary parties, his failure to comply is deemed a waiver of the
claim against such parties.
But the non-exclusion of a necessary party does not prohibit the court from
proceeding in the action and render judgment thereon. But the judgment rendered
is without prejudice to the rights of such necessary party not included or joined.
Sec. 10. UNWILLING CO-PLAINTIFF.
If the consent of any party who should be joined as plaintiff cannot be obtained, he
may be made a defendant and the reason therefor shall be stated in the
complaint.
Sec. 11. Misjoinder and non-joinder of parties not a ground for dismissal of
action.
Effect of Misjoined Cause of Action
A cause of action is misjoined. Is it a ground for the dismissal of the action?
No, it is not. You just drop the misjoined cause of action.
Effect of Non-Joined Party
A party ought to be joined but not joined, is it a ground for dismissal? No,
because if he is not joined, then a motion to join him must be filed.
So neither misjoinder nor non-joinder is a ground for dismissal of the action.
What is the reason? Second sentence: Parties may be dropped or added by order of
the court on motion of any party or on its own initiative at any stage of the action
and on such terms as are just. Any claim against a misjoined party may be severed
and proceeded with separately.
Sec. 12. CLASS SUIT.
When the subject matter of the controversy is one of common or general interest to
many persons so numerous that it is impracticable to join all as parties, a number of
them which the court finds to be sufficiently numerous and representative as to fully
protect the interests of all concerned may sue or defend for the benefit of all. Any
party in interest shall have the right to intervene to protect his individual interest.
Remedy if the Class is so Numerous
Since it is impracticable to bring all the plaintiffs in a class suit to court, the
remedy is to bring only a number of the class which the court finds sufficiently
numerous to protect the interest of all, and may sue and defend for the benefit.
So in our case above, we were only represented by twenty. We had to prove
that the twenty was enough to represent the 10,000. Was the twenty enough to
represent the 10,000? Gladly enough, the district court of Hawaii said that it was
enough to represent the class.
Disadvantage of the Class Suit
Because this is a class suit, once the class suit is dismissed, the people who
filed the class suit cannot anymore individually file separate actions on the same
matter. Res judicata has already set in.
But if the so-called members of the class cannot reach an agreement, or
there are competing interests within the class and among class members, then it is
not considered a class suit.
Intervention is allowed in a Class Suit
Any party in interest shall have the right to intervene to protect his individual
interest.
Class Suit v. Permissive Joinder of Parties
(Dona Paz v. Judge Singcuanco; same concept on class suit is applied in
Oposa v. Factoran)
A class suit is one where the subject matter of the controversy is of common
or general interest to many persons. There is only one single right or cause of action
pertaining to numerous persons.
While in permissive joinder of parties, there are several parties with
different causes of action but they may join together in one complaint, provided the
different causes of action arose from the same transaction or series of transactions
and there is a common question of fact and law.
All Parties to the Class Suit are Bound by the Judgment
A true class action involves the principles of compulsory joinder. As such, a
member of the class suit may be bound by the judgment of the court whether or not
he testified for the class during trial and whether or not the judgment is favorable to
the class.
Remedy of the Defendant in a Class Suit; Ground
If you are the defendant (against whom the class suit is filed) and the class
suit is not representative of the interest of the class, what is your remedy? You file a
motion to dismiss. On what ground? Lack of legal capacity. Why? Because the
persons who filed the class suit does not sufficiently represent the class.
MVRS Publications v. Islamic Dawah Council: Islamic Dawah Council has less
than 20 members. They filed a case against MVRS Publications because in one of
their publications, the publishing company named Mohammed as God although is
only a Prophet. The Muslims felt insulted. So, they filed a case against the
publishing company, representing all the Muslims of the whole world. This is not
possible. How can a council of less than twenty represent all the Muslims of the
entire world? Besides, in libel, you have to identify who was libeled. Identity of the
person libeled is important.
Sec. 13. ALTERNATIVE DEFENDANTS.
Where the plaintiff is uncertain against who of several persons he is
entitled to relief, he may join any or all of them as defendants in the
alternative, although a right to relief against one may be inconsistent with a right
of relief against the other.
Concept of Alternative Defendants
Where plaintiff is uncertain against who of several persons he is entitled to
relief, he may join any or all of them as defendants in the alternative.
Is an inconsistent prayer allowed?
Yes, under the principle of alternative defendants. It says that although a
right to relief against one may be inconsistent with a right of relief against the
other, provided he is consistent against his claim against one and also consistent
in his statement of claims against the other.
Sec. 14. Unknown identity or name of defendant.
-Whenever the identity or name of a defendant is unknown, he may be sued as the
unknown owner, heir, devisee, or by such other designation as the case may
require; when his identity or true name is discovered, the pleading must be
amended accordingly.
What is the rule if the identity of defendant is unknown?
If the identity of the defendant is unknown, then sue him as unknown owner,
heir, devisee or such other designation as the case may require.
Examples: owner of motor vehicle with plate number 10271; John Doe, Peter
Doe, or Jane Doe.
If in the course of the trial his identity is known, the pleading must be
amended by stating his true name.
Sec. 15. Entity without juridical personality as defendant.
When two or more persons not organized as an entity with juridical personality
enter into a transaction, they may be sued under the name by which they are
generally or commonly known.
In the answer of such defendant, the names and addresses of the persons
composing said entity must all be revealed.
If two or more persons not organized as a juridical entity (meaning without
juridical personality) but the association enters into a transaction, they may be sued
under the name by which they are generally or commonly known.
Sec. 16. Death of party; duty of counsel.
To inform the court within thirty (30) days after such death.
The heirs of the deceased may be allowed to be substitute substituted for the
deceased, without requiring the appointment of an executor or administrator
and the court may appoint a guardian ad item for the minor heirs.
Distinguish whether the Action Survives or Not
In course of trial, the plaintiff or the defendant may die. If the action is one
that survives the parties, then trial may proceed. But if the action is one that does
not survive the parties, dismiss the case.
Actions that Survives and Actions that Do Not
If the action involves property or property rights (recovery of
possession/ownership of property), the action survives.
But if the action is purely personal, then the action does not survive.
For example, actions for annulment and actions for support. If one of the spouses
dies, what is there to annul? If X sues Y for support, but Y dies, who else is there to
support?
What is the duty of the lawyer if his client dies?
He should inform the court within 30 days from such death. He should give
the name and address of legal representatives of the deceased.
What is the consequence if the lawyer fails to comply with this rule?
It may be a ground for disciplinary action. Laliman ka, namatay si
plaintiff, unya pagtawag sa kaso, tindog dayon siya, Representing the deceased
plaintiff your honor. Wa ka kuyapi!
When the plaintiff died, the lawyer-client relationship has already been
severed, unless of course, the heirs or the administrator or executor of the estate
re-hire you as counsel.
Heirs will Substitute the Deceased
The heirs may be substituted for the deceased without requiring the
appointment of an executor or administrator and court may appoint a guardian ad
litem for the minor heirs.
The purpose of this rule is, so as not to delay the disposition of the case.
What is the duty of the court once it receives notice of death with names
and addresses of heirs and representatives?
It shall forthwith order the legal representatives to appear and be
substituted within a period of thirty (30) days from notice. This is
mandatory.
What is the effect if the court proceeds with the trial without issuing the
order after notice of death?
If court does not issue an order for substitution and appearance of
representatives, it cannot legally proceed with the trial. If it proceeds,
proceedings are considered null and void and judge liable administratively
for ignorance.
But if the court proceeds with trial because the judge was not notified of the
death of the party, the judge is not liable and the proceedings are not necessarily
considered as null and void.
a motion to dismiss
are the counsel for
prohibition. Why
lack of territorial
complaint.
Sec. 4. ANSWER
An answer is a pleading in which a defending party sets forth his defenses.
Pleadings Allowed in Regional Trial Courts
1. Complaint;
2. Answer;
3. Counterclaim
4. Cross-claim;
5. Third (or Fourth, etc.) Party Complaint;
6. Complaint-in-Intervention.
Basic Purposes of Pleadings
1. To define the issues and foundation to be submitted during the trial;
a. If there is no issue judgment on the pleadings.
b. If there is an issue but not genuine summary judgment.
2. To apprise or inform the court of the rival claims of the parties.
Pleadings v. Motions
Motions are applications in writing for an order not included in the
judgment. Pleadings are applications in writing for an order included in
the judgment.
But there are motions which may ask for judgment, such as motions for
summary judgment, judgment on the pleadings, and demurrer to evidence or
motion to dismiss based on insufficiency of evidence.
Documents attached to a Pleading
They are considered as part of the pleading.
Bill of Particulars
They are considered part of the pleading.
What is a complaint?
It is a pleading alleging plaintiffs cause or causes of action.
Names and Residences of Parties
Names and residences of the plaintiffs and the defendants must be stated in
the complaint, except in the subsequent pleadings. In the answer, et al. is
already allowed.
Consequence of Filing a Complaint
The court will acquire jurisdiction over the person of the plaintiff.
Jurisdiction of Court and Nature of the Action
Jurisdiction of the court and nature of the action is determined by the
averments in the complaint.
Prayer: Is it part of the pleading? Is it important or controlling?
No, prayer is not part of the pleading. It is merely advisory. It becomes
important only in the assessment of docket and other lawful fees.
Answer
The answer is a pleading in which the defendant sets forth his
defenses.
Sec. 5. Defenses
Defenses may either be negative or affirmative.
(a) A NEGATIVE DEFENSE is the specific denial of the material fact or facts
alleged in the pleading of the claimant essential to his cause or causes of
action.
(b) An AFFIRMATIVE DEFENSE is an allegation of a new matter which, while
hypothetically admitting the material allegations in the pleading of the
claimant, would nevertheless prevent or bar recovery by him. The
affirmative defenses include fraud, estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of confession and avoidance
What should only be denied?
What should only be denied are material fact or facts. You need not deny
immaterial, irrelevant, impertinent, and scandalous matters.
Take note also that what should only be denied are those facts which are
essential to your cause or causes of action. What should be denied are ultimate
facts.
Enumeration of Affirmative Defenses not Exclusive
There are other affirmative defenses not found in Section 5. They are:
1. Ultra vires;
2.
3.
4.
5.
6.
7.
Laches;
Minority;
Duress;
Contributory Negligence.
Lack of Authority
Unconstitutionality
Sec. 6. COUNTERCLAIM.
A counterclaim is any claim which a defending party may have against an
opposing party.
Instances where counterclaim, cross-claim, and third-party complaint are
not allowed:
1. Criminal procedure;
2. Declaratory Relief (here, there is no cause of action);
3. Habeas Data;
4. Expropriation proceedings.
Sec. 7. Compulsory Counterclaim.
Kinds of Counterclaims
There are two kinds: 1) Compulsory counterclaim; 2) Permissive
counterclaim
REQUISITES OF A COMPULSORY COUNTERCLAIM
1. It must arise out of, or be necessarily connected with, the
transaction or occurrence that is the subject matter of the
opposing partys or co-partys claim;
2. It does not require for its adjudication the presence of third parties of
whom the court cannot acquire jurisdiction; and
3. It must be within the jurisdiction of the court, and is cognizable by the
regular courts of justice.
REQUISITES OF A PERMISSIVE COUNTERCLAIM
1. It does not arise out of is not necessarily connected with the
transaction or occurrence that is the subject matter of the opposing
partys claim;
2. It does not require its adjudication the presence of third parties of
whom the court cannot acquire jurisdiction; and
3. It must be within the jurisdiction of the court, and is cognizable by the
regular courts of justice.
Doctrine of Curative Jurisdiction
Pantham Case: The RTC had no jurisdiction because the amount
involved is below its jurisdictional amount. But the defendant filed a
counterclaim the amount of which is within the jurisdiction of the RTC. So, the
defect in jurisdiction was cured.
Sec. 8. CROSS-CLAIM.
A cross-claim is any claim by one party against a co-party arising out of
the transaction or occurrence that is the subject matter either of the
original action or of a counterclaim therein. Such cross-claim may include a
claim that the party against whom it is asserted is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the cross-claimant.
Sec. 9. Counter-counterclaims and counter-cross-claims.
A COUNTERCLAIM may be asserted against an original counter-claimant.
A CROSS-CLAIM may also be filed against an original cross-claimant.
Sec. 10 REPLY.
A reply is a pleading, the office or function of which is to deny, or allege facts in
denial or avoidance of new matters alleged by way of defense in the answer and
thereby join or make issue as to such new matters. If a party does not file such
reply, all the new matters alleged in the answer are deemed controverted.
If the plaintiff wishes to interpose any claims arising out of the new matters so
alleged, such claims shall be set forth in an amended or supplemental complaint.
Sec. 11. THIRD, (FOURTH, ETC.) PARTY COMPLAINT.
A third (fourth, etc.) party complaint is a claim that a defending party may,
with leave of court, file against a person not a party to the action, called the third
(fourth, etc.) party defendant, for contribution, indemnity, subrogation or any
other relief, in respect of his opponents claim.
Sec. 12. Bringing new parties.
Sec. 13. Answer to third (fourth, etc.) party complaint.
to rule on the same or related cause and/or to grant the same or substantially
the same reliefs.
TEST IN
1.
2.
3.
i.
ii.
SUPPLEMENTAL
Refers to facts arising after the filing of
the original pleading
Merely an addition, and does NOT result
in the withdrawal of, the original
pleading
Always filed with leave of court
So if you file a claim for 200K with RTC, and you file motion to amend
to 500 to confer jurisdiction. It is not allowed. If the court has no jurisdiction
over the subject matter, its only jurisdiction is to dismiss the case, and it
cannot issue other orders such as to allow amendments
3. To delay proceedings;
4. To substantially alter the cause of action or defense;
5. To cure a premature cause of action;
RULE 11 AMENDED AND SUPPLEMENTAL PLEADINGS
WHEN TO FILE RESPONISIVE PLEADINGS
1. ANSWER TO COMPLAINT - 15 Days from service, unless different
period fixed by the courts;
2. ANSWER OF DEFENDANT FOREIGN PRIVATE JURIDICAL ENTITY
when service of summons is made on the government official
designated by law, answer to be filed within 30 days from receipt of
summons by such entity.
3. ANSWER TO AMENDED COMPLAINT if amended as a matter of
right, 15 days from notice being served with copy thereof
If amended not as a matter if right, 10 days from notice of order
admitting the same
Answer earlier filed may be answer to amended complaint, if no new
answer is filed
Applicable to amended counterclaim, cross, third, etc,
4. ANSWER TO COUNTERCLAIM OR CROSS-CLAIM Within 10 days
from service.
5. ANSWER TO 3RD PARTY COMPLAINT 15 days from service
6. REPLY may be filed within 10 days from service of the pleading
responded to.
RULE 12 BILL OF PARTICULARS
BILL OF PARTICUARS
a. Period of filing motion before responding to a pleading; if pleading is
a reply, within 10 days from service thereof;
b. Order for bill must be complied with in 10 days from notice OR period
fixed by court.
c. After service of bill or denial of motion party has balance of time he
was entitled to file responsive pleading, but not less than 5 days.
Motion for Bill of Particulars may NOT call for matters which form part
of the proof of the complaint. Thus, motion should not be granted if
the complaint, while not very definite, nonetheless already states a
sufficient cause action.
An action cannot be dismissed upon the ground that the complaint is
vague, ambiguous, or indefinite, because the defendant in such
case may ask for more particulars (Rule 12) or he may compel the
plaintiff to disclose more relevant facts under the different methods of
discovery provided by the Rules.
The only matters obtainable by a bill of particulars are the ultimate
facts.
RULE 13 FILING AND SERVICE OF PLEADINGS,
JUDGMENTS AND OTHER PAPERS
KINDS OF SERVICE OF PLEADINGS:
a. Personal service to be whenever practicable (Most preferred mode)
b. Service by mail (ordinary if no registered mail)
c. Substituted service (delivering copy to clerk of court with proof of
failure of 1st 2 modes)
Except with respect to papers emanating from the court, a resort to
other modes must be accompanied by a written explanation. Why the
service or filing was not done personally.
Violation of rule may be cause to consider the paper as not filed.
*MC Engineering, Inc. & Hanil Development v. NLRC (2001) the court
has the discretion to consider a pleading or paper as not filed if the other
modes of service or filing were resorted to and no written explanation was
made as to why personal service was not done in the first place.
KINDS OF SERVICE OF FINAL ORDERS:
a. Personal
b. Registered mail
c. Publication (if summons by publication)
*TCL SALES v. TENG (2001) Where a party is represented by counsel,
service of process must be made on counsel and not on the party. This rule
applies to proceedings before the SEC as the Rules of Court apply
suppletorily thereto.
PROOF OF PERSONAL SERVICE
a. Written admission of party served;
b. Official return of the server or;
c. Affidavit of party serving, containing a full statement of the date, place
and manner of service.
Benguet Electric Case
If a private carrier is availed of by the party, the date of actual
receipt by the court of such pleading, and not the date of delivery to the
carrier is the date of filing of the pleading. The rule on date of mailing is the
date of filing is not applicable if a private carrier/ messengerial services are
availed of.
c. BY PUBLICATION
BY WHOM SERVED:
a. Sheriff
b. Other proper court officer
c. Any suitable person specially authorized by the judge
WHEN EXTRATERRITORIAL SERVICE ALLOWED:
a. Defendant is a non-resident and is not found in the Philippines
and action affects plaintiffs personal status
b. Subject of action is property within the Philippines in which the
defendant has or claims a lien or interest
c. Where relief demanded consists in whole or in part in excluding the
defendant from any interest in such property
d. When property of defendant has been attached within the
Philippines
KINDS OF EXTRA TERRITORIAL SERVICE
a. Personal service
b. Publication and summons sent by registered mail to last known
address
c. Any other matter the court may deem sufficient
WHEN SERVICE BY PUBLICATION IN A NEWSPAPER OF GENERAL
PUBLICATION ALLOWED:
a. Identity of defendant unknown
b. Whereabouts of defendant unknown and cannot be ascertained by
diligent inquiry
(a) and (b), applies to ANY action, even actions in personam
c. Defendant is temporarily out of the country and the suit is quasi in rem
d. Defendant is temporarily out of the country and the suit is quisi in rem
SERVICE UPON PRIVATE DOMESTIC JURIDICAL ENTITY Refers to
corporation, partnership, or association organized under Phil. Laws with a
juridical personality:
a. President
b. Managing partner
c. General manager
d. Corporate secretary
e. Treasurer
f. In-house counsel
SERVICE UPON PRIVATE FOREIGN JURIDICAL ENTITY TRANSACTING
BUSINESS IN THE PHILIPPINES:
a. Resident agent designated in accord with law
b. If no such agent, on government official designated by law OR
2. Res judicata
3. Prescription
4. Pending litigation involving same parties, same issue
RULE 16 MOTION TO DISMISS
Motion to dismiss must be filed within 15 days after service of summons,
and before filing the answer to the complaint of pleading asserting a
claim.
GROUNDS FOR MOTION TO DISMISS:
1. Lack of jurisdiction over the person of the defendant
2. No jurisdiction over the subject matter
3. Improper venue (court may not dismiss motu propio case on improper
venue.)
4. Plaintiff has no capacity to sue
5. Litis pendentia
Requisites for Lis Pendens
a. Same parties or at least represent same interest
b. Same right asserted and same relief prayed for
c. Relief founded on the same facts
d. Identity in these particulars should be such that if the pending case
has already been disposed of it could be pleaded as a bar to
present litigation
e. Claim is barred by prior judgment and statute of limitations
6. Res judicata
Requisites of Res Judicata
a. Former judgment or order must be final
b. Court rendering judgment must have jurisdiction over the parties
and subject matter
c. Judgment must be on the merits
d. Identity of parties, of subject matter and causes of action
7. Pleading states no causes of action
8. Claim has been paid, waived, abandoned or extinguish
9. Claim is unenforceable
10.Condition precedent has not complied with
Evidence must be adduced in order to prove complied of fact raised in a
motion to dismiss. Such evidence shall be reproduced automatically if the
case goes on trial.
Resolutions of Motions:
1. Dismiss the action final act thus appealable
2. Deny the motion to dismiss interlocutory hence not appealable
except by certiorari under Rule 65
Demurrer to
Evidence
Based on
insufficiency of
evidence
After plaintiff has
rested his case
By defendant only
RULE 19 INTERVENTION
Intervenor must:
1. Have legal interest in the matter of controversy
2. Have legal interest in the success of either of the parties
3. Have legal interest against both
4. Be so situated as to be adversely affected by a disposition or
distribution of the property by a separate proceeding
Motion to intervene may be filed at any time before judgment is
rendered by the trial court.
Answer to complaint-in-intervention must be filed within 15 days
from notice of court admitting the complaint.
Complaint in intervention is merely collateral to the principal action.
Hence, it will be dismissed it main action is dismissed.
A complaint in intervention that seeks affirmative relief prevents a plaintiff
from taking a voluntary dismissal of the main action. Such a case is not
subject to dismissal upon intervenors petition showing him to be entitled to
affirmative relief. The petition will be preserved and heard regardless of the
disposition of the main action.
INTERVENTION
An ancillary action.
Proper in the situations enumerated in
the Rule.
INTERPLEADER
An original action.
Presupposes that the plaintiff has no
interest in the subject matter of the
action or has an interest therein which in
whole or in part is not disputed by the
other parties to the action.
Defendants are being sued to implead
them.
2 instances:
Judgment is already final and executor
EXC: intervenor is an indispensable party
SUMMONS
production fees
Subpoena may be issued by:
a. The court before whom witness is required to attend;
b. The court of the place where the deposition is to be taken;
c. The officer or body authorized by law to do so in connection with its
investigations;
d. Any Justice of the SC or CA in any case or investigation pending within
the Philippines
Prisoner may be issued a subpoena a but for prisoners sentenced to death,
reclusion perpetua or life imprisonment and confined in a penal institution,
authorized by the Supreme Court is necessary. When application for a
subpoena to a prisoner is made, the judge or officer shall examine
and study carefully such application to determine whether the same
is made for a valid purpose.
Subpoena shall state the name of the court and title of the action and
directed to the person required to attend. If it is a subpoena duces tecum
then it must contain a reasonable description of the books, documents or
things demanded which must appear prima facie relevant.
GROUNDS FOR QUASHING SUNPOENA DUCES TECUM
a. It is unreasonable or oppressive
b. The articles sought to be produced do not appear to be relevant.
c. Person asking for subpoena does not advance cost of production
GROUND FOR QUASHING SUBPOENA AD TESTIFICANDUM
a. The witness is not bound thereby if witness resides more than 100
km from the place where he is to travel by the ordinary course of
travel, or if he is a detention prisoner and no permission is obtained
from the court in which his case is pending. (known as VITIATORY
RIGHT, applicable only in civil cases).
b. Witness fees and kilometrage allowed by rules not tendered when
subpoena served.
Service of subpoena shall be made in the same manner as personal or
substituted service of summons.
Tender of fees and kilometrage is not necessary if subpoena is served by or
on behalf of the Republic of the Philippines.
Attendance may be compelled by issuance of a warrant of arrest against the
witness and the sheriff to bring the witness before court where attendance is
required.
Failure without valid cause to obey a subpoena shall be deemed
contempt.
BILL OF PARTICULARS
MODES OF DISCOVERY
PURPOSE:
1. To narrow and clarify basic issues between the parties, to remedy the
concealed inadequacy and cumbersomeness of the pre-trial functions
of notice giving, issue formulation, and fact revelation thereof primarily
performed by the plaintiff.
2. As a device for ascertaining facts relative to these issues through
which you are able to get the facts
3. To insure mutual knowledge of all relevant facts on the part of all
parties even before trial. Those being deemed essential to proper
litigation.
4. As an aid to the prompt disposition of answer because the parties are
required to set forth in their pre-trial briefs a manifestation of a hearing
availed or intended to avail of discovering procedures.
5. To support a motion for summary judgment. (Rule 35)
*Republic v. Sandiganbayan, GR No. 90478, 21 Nov 1991
The office of a bill of particulars is, however, limited to making more
particular or definite the ultimate facts in a pleading. It is not its office to
supply evidentially matters.
The truth is that evidentiary matter may be inquired into and
learned by the parties before the trial. Indeed, it is the purpose and policy of
the law that the parties before the trial if not indeed even before the pre-
trial should discover or inform themselves of all the facts relevant to the
action, not only those known to them individually, but also those known to
adversariesthe Rules of Court makes this ideal possible through the
deposition-discovery mechanism set forth in Rules 23 to 29.
What to file:
Motion for leave of Court to take deposition
Jurisdiction how obtained:
Over persons through service of summons
Over property through the publication of service of summons
Subpoena:
Mere proof of service of notice to take deposition as provided in Rule 23 shall
constitute sufficient authorization for the issuance of subpoena by the clerk of
court for the person named in the notice. However, this only applies to
subpoena ad testificandum. If subpoena is a subpoena duces tecum, an order
of authorization from the judge must first be issued before clerk may issue
said subpoena.
Scope of Examination:
Scope of Examination deponent may be examined regarding any matter not
privileged relevant to the subject of the action.
Examination and cross-examination.
May proceed as permitted at the trial under Sections 3 to 18 of Rule 132.
DEPOSITION
Written testimony of witness in course of
judicial proceedings, in advance of trial
and hearing
Opportunity for cross-examination
Can be competent testimonial evidence
AFFIDAVIT
Mere sworn written statements
No cross-examination
Little probative value (hearsay)
Use of depositions
Any part or all of a deposition which is admissible in evidence may be used
against any party who was present or represented during the taking of the
deposition or who had notice thereof as follows:
DEPOSITION
A witness
MAY BE USED BY
Any party
An adverse party
PURPOSE
To contradict or impeach
the deponents testimony
as a witness
For any purpose
private corporation
Of any witness, whether a
party or not
Any party
If only part of the deposition is introduced, adverse party may require that all
of it which is relevant to the part introduced be introduced.
Effects of substitution of parties:
Substitution of parties does not affect the right to use depositions
previously taken; and, when an action has been dismissed and another
action involving the same subject is afterward brought between the same
parties or their representatives or successors in interest, all depositions
lawfully taken and duly filed in the former action may be used in the latter as
if originally taken therefore.
Effects of taking depositions:
A party shall not be deemed to make a person his own witness for any
purpose by taking his deposition.
Defendant may present witness even if it was the plaintiff who took the
witnesss deposition.
A party may refuse to present witness even if his deposition was taken.
Effect of using deposition:
General Rule: A witness becomes your witness if you use his deposition.
EXCEPTIONS:
1. Deposition is used to Impeach or Contradict
2. Deposition of your opponent does not make him your witness
3. Deposition of an officer of a corporation (par.(b) Sec.4)
Before whom may be taken:
WAIVED
NOT
UNLESS
a
motion
to
suppress the deposition or
some part thereof is made
with
reasonable
promptness
after
such
defect is, or with due
diligence might have been,
ascertained.
Rules on objections:
1. Objections to direct interrogatories can be made within 10 days.
2. Objections to cross interrogatories can be made within 5 days.
3. Objection to re-direct interrogatories can be made within 3 days.
4. Objections to re-cross interrogatories can be made within 3 days.
*Diman v. Hon. Alumbres, GR No. 131466, 27 Nov 1998
A trial court has no discretion to determine what the consequences of a
partys refusal to allow or make discovery should be; it is the law which
makes that determination; and it is grave abuse of discretion for the Court to
refuse to recognize and observe the effects of the refusal as mandated by
law.
RULE 24 DEPOSITIONS BEFORE ACTION OR PENDING
APPEAL
DEPOSITIONS IN PERPETUAM REI MEMORIAM taken to perpetuate evidence
for purposes of an anticipated action for further proceedings in a case or appeal.
Depositions before action; petition.
A person who desires to perpetuate his own testimony or that of another
person regarding an matter that may be cognizable in any court of the
Philippines, may file a verified petition in the court of the place of the
residence of any expected adverse party.
CONTENTS OF PETITION.
The petition shall be entitled in the name of the petitioner and shall show:
a. That the petitioner expects to be a party to an action in a court of the
Philippines but is presently unable to bring it or cause it to be brought;
b. The subject matter of the expected action and his interest therein;
SUBPOENA
Notice of the date of the hearing of which
he is required of which he is required to
attend.
May be issued more than once at
anytime
Violation: indirect contempt
manner and under the same conditions as are prescribed in these Rules for
depositions taken in pending actions.
Even though there is already a judgment, depositions pending appeal are
used in the event that further proceedings in the lower court may still be
necessary (i.e. when the case is remanded back to the lower court because of
insufficient facts).
RULE 25 INTERROGATORIES TO PARTIES
Service thereof
Interrogatories and the answers thereto should be filed in court and served
on adverse parties, so that the answers may constitute judicial admissions. If
the party served is a public or private corporation or a partnership or
association, by any officer thereof competent to testify in his behalf.
INTERROGATORIES
Disclosure of matters of proof
May be made part of the records as
evidence
BILL OF PARTICULARS
Disclosure only of matters which define
the issues
Become a part of the pleadings
Answer to interrogatories.
Interrogatories shall be:
Answered fully in writing and
Signed and sworn to by the person making them.
The party upon whom the interrogatories have been served shall file and
serve a copy of the answers on the party submitting the interrogatories
within fifteen (15) days after service thereof, UNLESS the court, on
motion and for good cause shown, extends or shortens the time.
Objections to interrogatories.
Objection to any interrogatories may be presented to the court within ten
(10) days after service thereof, with notice as in case of a motion; and
answers shall be deferred until the objections are resolved, which shall be set
at an early time, as practicable.
15 days to answer. 10 days to object. In case objection is denied, you
still have 5 days to file an answer.
Number of interrogatories.
No party may, without leave of court, serve more than one set of
interrogatories to be answered by the SAME party.
Effect of failure to serve written interrogatories.
A party not served with written interrogatories may not be
Compelled by the adverse party to give testimony in open court, or
Implied admission
Each of the matters of which an admissions is requested shall be deemed
admitted UNLESS, within a period designated in the request, which
Shall NOT be less than fifteen (15) days after service thereof, or
Within such further time as the court may allow on motion,
The party to whom the request is directed files and serves upon the party
requesting the admission a sworn statement either
Denying specifically the matters of which an admission is requested or
Setting forth in detail the reasons why he CANNOT truthfully either
admit or deny those matters.
Objections
Objections to any request for admission shall be submitted to the court by
the party requested within the period for and prior to the filing of his sworn
statement as contemplated in the preceding paragraph and his compliance
therewith shall be deferred until such objections are resolved, which
resolutions shall be made as early as practicable.
Objection to admission
- 15 days
Objection to interrogatory (RULE 25)
- 10 days
If facts are admitted or deemed admitted, party may move for summary
judgment.
Effects of admission
Admission is only for the purpose of the pending action and shall NOT
constitute an admission for any other person nor may it be used against
him in any other proceeding.
Use of deposition
If a deposition to perpetuate testimony is taken under this Rule, or if,
although not so taken, it would be admissible in evidence, it may be used in
any action involving the same subject matter subsequently brought in
accordance with the provisions of sections 4 and 5 of Rule 23.
Withdrawal
The court may allow the party making an admission under this Rule, whether
express or implied, to withdraw or amend it upon such terms as may be just.
Effect of failure to file and serve request for admission
A party who fails to file and serve a request for admission on the adverse
party of material and relevant facts at issue which are, or ought to be, within
the personal knowledge of the latter, shall not be permitted to present
evidence on such facts.
UNLESS otherwise allowed by the court:
For good cause shown and
To prevent a failure of justice
EXCEPTION
If an adverse party denies a fact within his personal knowledge, a party may
present evidence regarding said fact even if he failed to file a request for
admission.
Defendants presents
Defendant
evidence to support his
files:
defense/counterclaim/cro
Demurer to
ss-claim/third party
evidence
complaint
Third party
court
court
defendant
grants
denies
presents
motion:
motion,
evidence, if
renders
continues
any
dismissal
with
hearing
Rebuttal
evidence by
parties After presentation
of evidence;
1. Oral
arguments;
2. Submission
of
DECISION
memoranda
CONSOLIDATION the court may order a joint hearing or trial of any or all
matters in issue when actions involving a common question of law or fact are
pending before the court.
BUT the court may order a separate trial of any claim, cross-claim,
counterclaim, or third-party complaint, in furtherance of convenience or in
the interest of justice.
PURPOSE: to avoid multiplicity of suits, guard against oppression or abuse,
prevent delay, clear congested dockets, simplify the work of the Trial Court
and serve unnecessary costs and expenses.
GENERAL RULE: Consolidation is discretionary with the Trial Court.
DEMURRER TO EVIDENCE
It is presented after the plaintiff
has rested his case
The
ground
is
based
insufficiency of evidence
on
MOTION TO DISMISS
Presented before a responsive
pleading (answer) is made by the
defendant
It may be based on any of those
enumerated in Rule 16
2 Scenarios
;MOTION DENIED
CIVIL CASES
1. Defendant need not
leave of court;
ask
for
CRIMINAL CASES
1. Leave of court is necessary so that
accused could present his evidence if
the demurer is denied
2. If the court finds the prosecutions
evidence insufficient, it will grant
the
demurrer
by
rendering
judgment acquitting the accused.
Judgment of acquittal is not
appealable; double jeopardy
sets-in
JUDGMENT BY DEFAULT
Evidence is received
The decision is based on the evidence
presented
Based on the
pleadings,
depositions,
admissions and
affidavits
Available to both
plaintiff and
defendant
There is no
genuine issue
JUDGMENT OF
THEPLEADINGS
Based solely on the
pleadings.
Generally available
only to the plaintiff,
unless the
defendant presents
a counterclaim
There is no issue or
there is an
JUDGMENT BY DEFAULT
(Rule 9)
Based on the
complaint and
evidence, if
presentation is
required.
Available to
plaintiff.]
No issues as no
answer is filed by
between the
parties, i.e. there
may be issues but
these are irrelevant
10 day notice
required
May be
interlocutory or on
the merits
admission of
material allegations.
3 day notice
required
On the merits
the defending
party.
Is proper when more than one claim for relief is presented in an action
and a determinations to the issues material to the claim has been
made. The action shall proceed as to the remaining claims.
RULE OF IMMUTABILITY OF JUDGMENT A final judgment cannot be modified,
even if the purpose is to correct perceived erroneous conclusions of the facts or
law.
EXCEPTIONS TO THE RULE ON IMMUTABILITY OF JUDGMENT
a. Correction of clerical errors;
b. Making of nunc pro tunc entries which cause no prejudice to any party:
c. Where the judgment is void.
Section 5. Separate judgments.
Section 6. Judgment against entity without juridical personality.
The judgment shall set out their individual or proper names, if known.
Order denying a
Section 1. GROUNDS OF AND PERIOD FOR FILING MOTION FOR NEW TRIAL
OR RECONSIDERAITON.
(a) Fraud, accident, mistake or excusable negligence
Which ordinary prudence could not have guarded against and by reason of
which such aggrieved party has probably been impaired in his rights; or
(b) Newly discovered evidence,
which he could not, with reasonable
diligence, have discovered and produced at the trial, and which if presented
would probably alter the result.
Within the same period, the aggrieved party may also move for
reconsideration upon the grounds that the damages awarded are
excessive, that the evidence is insufficient to justify the decision or
final order, or that the decision or final order is contrary to law.
MOTION FOR A NEW TRIAL
The grounds are : fraud, accident,
mistake or excusable negligence
or newly discovered evidence
which could not, with reasonable
diligence, have discovered and
produced at the trial, and which if
presented would probably alter the
result
Second motion may be allowed
NEW TRIAL the rehearing of a case already decided by the court but before the
judgment rendered thereon becomes final and executory, whereby errors of law or
irregularities are expunged from the record, or new evidence is introduced, or both
steps are taken.
GROUNDS: MOTION FOR NEW TRIAL
a. Fraud, accident, mistake, or excusable negligence (FAME);
b. Newly discovered evidence
PRO-FORMA MOTION when it does not point out specifically the findings
or conclusions of the judgment as are contrary to law, making express
reference to the testimonial or documentary evidence or to the provisions of law
alleged to be contrary to such findings or conclusions, and is merely intended to
delay the proceedings or if there is no affidavit of merit.
Pro forma motion for new trial or reconsideration shall not toll the
period for appeal.
No second motion for reconsideration allowed. Second motion for new
trial must be based on a ground not existing or available when the
first motion was made, which may be during the remainder of the
15-day period.
Section 4. Resolution of motion. within 30 days
Section 5. Second motion for new trial.
A motion for new trial shall notice all grounds then available and those not so
included shall be deemed waived. A second motion for new trial, based on a
ground not existing nor available when the first motion was made, may be filed
within the time herein provided excluding the time during which the first motion
had been pending.
No party shall be allowed for a second motion for reconsideration of a judgment or
final order.
Section 6. Effect of granting of motion for new trial.
If a new trial is granted in accordance with the provisions of this Rule, the original
judgment or final order shall be vacated, and the action shall stand for
trial de novo; but the recorded evidence taken upon the former trial, in so far as
the same is material and competent to establish the issues, shall be used at the
new trial without retaking the same.
When motion is granted, the original judgment is thereby vacated and the
action stands for trial de novo, but the recorded evidence taken upon the
former trial so far as the same is material and competent to establish the
issues, shall be used at the new trial taking the same.
NEW TRIAL OR RECONSIDERATION;
RECONSIDERATION
*Lucas v. Fabros
A motion for new trial, or for reconsideration of a judgment, or for reopening
of trial, is a prohibited pleading under Section 19 of the Revised Rule
on Summary Procedure. The Rule, however, applies only where the
judgment sought to be reconsidered is one rendered on the merits.
The motion prohibited by this Section is that which seeks reconsideration of
the judgment rendered by the court after trial on the merits of the case.
Section 7. Partial new trial or reconsideration when issues severable.
Under Rule 38, what is your remedy when there is already a final and
executory judgment?
Remember, in relief there is already a judgment. The judgment has already
become final and executory. In fact, there may already be a writ of execution, so
your remedy is petition for relief.
If there is already a writ of execution, what must your petition for relief
carry with it?
Your petition for relief must carry with it an application for provisional
remedy of injunction to stop the execution of the judgment.
Sec. 2. Petition for relief from denial of appeal
Sec. 3. Time for filing petition; contents and verification
Sec. 4. Order to file an answer within 15 days
PETITION FOR RELIEF FOR JUDGMENT
Filed within 60 days after learning of judgment
Not more than 6 months after such judgment
Must be supported by affidavit showing the FAME and
constituting the petitioners good or substantial cause of
defense
Party who has filed a timely motion for new trial cannot file
for relief after the former is denied. The two remedies are
one another.
the facts
action or
a petition
exclusive
A legal right
FAME
+
Newly
Evidence
Judgment on final order
Discovered
Relief from
proceeding
judgment/order
on
other
TWO HEARINGS:
(a) Hearing to determine whether the judgment be set aside
(b) If yes, a hearing on the merits of the case
RELIEF FROM JUDGMENTS, ORDERS & OTHER PROCEEDINGS
*Basco v. CA
In view of the peculiar circumstances of this case, such that the defective
notice of hearing on petitioners motion for reconsideration was due to
the day-long brownouts that plagued the metropolis, counsels
failure to specify the date and time for hearing of petitioners
motion for reconsideration should rightly be deemed excusable
negligence.
Sec. 5. Preliminary injunction pending proceedings.
; but such injunction shall not operate to discharge or extinguish any lien
which the adverse party may have acquired upon the property of the
petitioner.
Sec. 6. Proceedings after answer is filed.
Does failure to file answer in a petition for relief constitute default?
No. Failure to file answer does not constitute default because even without
such answer the court will still have to hear the petition and determine its merits.
Becomes
final
and
executory
by
operation of law
After lapse of period to appeal and no
appeal was perfected, no further action
can be had
Execution of judgment a matter of right
Appealable to CA
INTERLOCUTORY ORDER THAT MAY BE EXECUTED
Support pendente lite
JUDGMENTS THAT ARE NOT APPEALABLE
1. Sin perjuico judgments
(judgment without any stated facts in support of the conclusion)
2. Conditional judgments
3. Incomplete judgments
EXCEPTION:
1) Change in the situation of the parties which makes the execution
inequitable or unjust;
2) Writ of execution varies judgment;
3) Controversy has never been submitted to the judgment of the court;
4) Execution is sought against property exempt from execution
5) Terms of the judgment not clear; leaves room for interpretation;
6) Writ of execution improvidently issued defective in substance, issued
against the wrong party, judgment debtor has been paid or otherwise
satisfied, writ has been issued w/o authority
In the above exceptions, remedy is certiorari under Rule 65.
WHEN EXECUTION OF FINAL AND EXECUTORY JUDGMENT MAY BE
ENJOINED
1) Upon filing for relief from judgment
2) Attack against a judgment which is void for lack of jurisdiction, or
obtained through fraud
3) On equitable grounds
4) In cases falling under the (6) exceptions above
Judgment novated by a subsequent agreement cannot be executed.
CLERICAL ERROR
Errors not the result of exercise of
judicial functions
May be modified, corrected even after
judgment has become final and
executory
JUDICIAL ERROR
Mistake relates to something the court did
not consider or pass on, or considered and
erroneously decided
Cannot be modified
Must be done in another
case/suit
2. To clarify ambiguity; or
3. To enter nunc pro tunc orders
To make a present record of an order w/c the court rendered at a
previous term but, by inadvertence has not been entered.
A final and executory judgment can no longer be amended by adding thereto
relief not originally included e.g. award of ownership does not necessarily
include possession
What are the remedies against a judgment or order which has
become executory?
1.
Petition for relief (Rule 38);
2. Direct attack.
3. Collateral attack.
4. In an action to annul judgment on the ground of fraud (Rule 47).
What are other remedies for an improvidently issued writ of
execution?
1) Certiorari if there is grave abuse;
2) Prohibition of the court if it has no jurisdiction; and
3) Mandamus.
of
SEPARATE/PARTIAL JUDGMENTS
Rendered at any stage of the action
action of certiorari under Rule 65 against the order granting execution pending
appeal where the same is not founded upon good reasons.
The remedy may be availed of notwithstanding the fact that 1) he has appealed
from the judgment, or 2) has filed a supersedeas bond.
Sec. 4. Judgments not stayed by an appeal.
The following judgments are immediately executory, enforceable after their
rendition and shall not be stayed by an appeal, unless otherwise ordered by the
trial court:
Injunction, Receivership, Accounting, Support and such other judgment
as are now that are declared immediately executory shall be
enforceable after rendition and shall not be stayed by appeal taken
therefrom unless of course the court otherwise orders.
Sec. 5. Effect of reversal of executed judgment.
The trial court may, on motion, issue restitution or reparation in an event of
a reversal after a petition for relief under Rule 38, or annulment of judgment
under Rule 47 is granted.
SPECIFIC RESTITUTION
Creditor may not be compelled to make
specific restitution; He can be required to
restore the excess realized upon the
execution over and above the amount
finally awarded
Sale is not affected by reversal ; title of
3rd person is protected, except when there
is want of jurisdiction over the subject
matter
He may be required to surrender the
property
Creditor may be required to account for
the value received by virtue of the sale to
the 3rd party; title of 3rd party is protected,
unless writ of execution is absolutely
void, where:
- Execution upon a void judgment
- Judgment has been paid
- Execution levied on wrong party
-
JURISDICTION TO ENFORCE
JUDGMENT
Continues even after judgment has
become final, for purposes of execution
and enforcement
Governed by Rule 39, Section 6
DEFENSES AVAILABLE IN
JUDGMENT
1) Prescription
2) Satisfaction of claim
3) Counterclaims
AN
ACTION
FOR
ENFORCEMENT
OF
This section applies when a party dies after rendition of judgment, before or
after entry.
A final judgment for money cannot be enforced by execution, but shall be
filed as a money claim and paid like other debts against the estate of the
deceased in accordance with the Rule 88.
A judgment of foreclosure of mortgage is enforceable by execution against
the executor or administrator whether the judgment obligor died before entry
of judgment.
2. Satisfaction by levy
- The officer shall levy upon properties of the judgment obligor not otherwise
exempt from execution
-
Judgment obligor exercises option to chose w/c property levied upon; if not
exercised, officer shall levy 1st on personal property, then on real property
The sheriff shall sell only property sufficient to satisfy the judgment and
other lawful fees.
obligee
Failure to comply with specific acts under Rule 39 Sec 10 is not necessarily
punishable by contempt.
Demolition order from the court is required to effect removal of an
improvement constructed by the defeated party.
No time limit within which any demolition should be carried out; defeated
party is given reasonable period to look for another place.
12)
Enumeration is exclusive
The enumeration is not exclusive because there are rules and laws relative
to exemption from execution.
Properties exempt from execution may not also be attached.
Distinctions between wages and salary
Wages refer to compensation for manual labor while salary denotes higher
degree of employment.
Sec 14. Return of writ of execution.
Writ of execution is returnable to the court after judgment it satisfied
Sheriff shall report to the court w/ in 30 days after receipt and every 30
days until the judgment is satisfied in full
Lifetime of writ of execution 5 years from entry of judgment
The rules do not provide any lifetime for a writ of attachment unlike writ of
execution
Sec 15. Notice of sale of property on execution.
File a claim for damages against 3rd party in the same or separate
action
- Based on the ground that 3rd party claim is frivolous or plainly
spurious
Sec. 17.
notice.
Exception: (1) when it appears that a larger sum would have been
realized from a sale in parcels, or (2) a sale of less than whole would be
sufficient to satisfy debt
BID JUDGMENT
Judgment obligee not required to pay bid
IF BID JUDGMENT
Judgment obligee required to pay excess
EXECUTION IN JUDICIAL
FORECLOSURE OF MORTGAGE
Needs judicial confirmation
No right of redemption (except where
mortgagee is a bank)
Purchaser acquires title after
judicial
confirmation of sale
Purchaser acquires only right, title, interest and claim of judgment obligor.
Purchaser of property registered under Torrens system acquires the same free
from liens or encumbrances not noted thereon.
Such certificate must be registered in the registry of deeds of the
place where the property is situated.
Take note: One year period is counted not from the date of sale but from the
registration of the certificate of sale as registered with the Register of Deeds.
Auction sale retroacts to date of levy
E.g. a 3rd party claim was filed after the levy. The fact that the 3 rd party
claim was presented 1 day before the execution sale is immaterial. If
the levy is valid, the sale is also valid. The auction sale retroacts to the
act of the levy.
The purchaser is not entitled to possession during the period of redemption.
JUDGMENT DEBTOR
Judgment obligor, or his successor in
interest (e.g. transferee, assignee,
heirs, joint debtors)
Acquires title only after lapse of 1 year
redemption period
REDEMPTIONER
One who has a lien by virtue of another
attachment, judgment, or mortgage on
property SUBSEQUENT to the lien under
which the property was sold
Acquires title only after 60 days and no
other redemption is made
Sec. 28. Time and manner of, and amounts payable on, successive
redemptions; notice to be given and filed.
PERIOD OF REDEMPTION
JUDGMENT OBLIGOR
Judgment Obligor has 1 year
registration of certificate of sale
Once
he
redeems,
redemptions is allowed
no
from
further
REDEMTIONER
1 redemptioner has 1 year to redeem
2nd redemptioner has 60 to redeem after
1st redemption
3rd redemptioner has 60 days after 2nd,
etc.
Further redemption allowed, even after
lapse of 1 year, as long as each
redemption is made w/in 60 days after
the last
st
REDEMPTIONER
If he redeems from the purchaser:
PROOF REQUIRED
JUDGMENT OR FINAL ORDER
No proof required
Right of redemption appears on record
REDEMPTIONER
if based on judgment or final order:
- Must serve copy of judgment or
final order, certified by clerk of
court.
Execution may issue only upon an incontrovertible showing that 3 rd party holds
property of judgment obligor or is indebted to him
Sec 45. Entry of satisfaction with or without admission.
Judgment obligee is obliged to execute and acknowledge admission of satisfaction
of judgment only if judgment obligor demands
TENDER OF PAYMENT OF
CONTRACTUAL DEBT
- If tender refused, must consign
payment w/ court
Principal
also
bound
by
judgment
Surety
should
notify
principal
and request him
to join in defense;
surety must still
file
separate
action
for
reimbursement
but principal can
no longer set up
defense w/c he
could have set up
in
the
original
action
Principal has no
cause of action
against surety
If principal not
notified, he may
set up defenses in
a
subsequent
action
ESTOPPEL
BY
JUDGMENT
OR
CONCLUSIVENESS BY JUDGMENT
- Refers to another action between
same
parties
but
involves
different claim
- Judgment merely an estoppel
only as to those matters in issue
or converted
3. Rule 42 on petitions for review from the Regional Trial Courts to the
Court of Appeals;
4. Rule 43 on appeals from quasi-judicial agencies to the Court of
Appeals; and
5. Rule 45 governing appeals by certiorari to the Supreme Court.
The new rule aims to regiment or make the appeal period uniform, to be
counted from receipt of the order denying the motion for new trial, motion for
reconsideration (whether full or partial) or any final order or resolution.
Perfection of Appeal
Rule 41. Sec. 9. Perfection of appeal; effect thereof.
A partys appeal by notice of appeal is deemed perfected as to him upon the filing of
the notice of appeal in due time.
A partys appeal by record on appeal is deemed perfected as to him with
respect to the subject matter thereof upon the approval of the record on appeal filed
in due time.
In appeals by notice of appeal, the court loses jurisdiction over the case upon
the perfection of the appeals filed in due time and the expiration of the time to
appeal of the other parties.
In appeals by record on appeal, the court loses jurisdiction only over the
subject matter thereof upon the approval of the records on appeal filed in due time
and the expiration of the time to appeal of the other parties.
Sec. 5 Appellate docket fees paid to clerk of court of MTC
Payment thereof is not a condition precedent for perfection of
appeal but must nonetheless be paid within the period for taking
appeal, otherwise a ground for dismissal of the appeal;
Sec. 6. Duty of the clerk of court to transmit records within 15 days from
perfection of appeal
Sec.7. Procedure in the Regional Trial Court.
(a) upon receipt of the complete record or the record on appeal, the Clerk of Court
of the Regional Trial court shall notify the parties of such fact.
(b) Within fifteen (15) days from such notice, it shall be the duty of the appellant
to submit a memorandum which shall briefly discuss the errors
imputed to the lower court, a copy of which shall be furnished by him to
the adverse party. Within fifteen (15) days from receipt of the appellants
memorandum, the appellee may file his memorandum. Failure of the
appellant to file a memorandum shall be a ground for dismissal of the
appeal.
(c) Upon the filing of the memorandum of the appellee, or the expiration of the
period to do so, the case shall be considered submitted for decision. The
Regional Trial Court shall decide the case on the basis of the entire record of
the proceedings had in the court of origin and such memoranda as are filed.
Reasons why the appellant is required to file a Memo, while the same is
optional for the appelle: Because the appellant must assign errors while the
MTC is committed.
Sec. 3. Appeal from the orders dismissing the case without trial; lack
of jurisdiction.
If RTC reversed, the case shall be remanded to the MTC; order
remanding the case is merely an interlocutory order and hence, not
appealable;
If dismissal based on the ground other than lack of jurisdiction.
If the MTC dismisses an action before it on a ground OTHER THAN lack
of jurisdiction over the subject matter, RTC, on appeal, may either affirm or
reverse the order of dismissal. In case of reversal, case remanded to MTC; if
affirmed, take an appeal to the CA or SC.
Sec. 9. Applicability of Rule 41.
Appeal Unassigned Errors
*Ludo and Luym v. CA
An appellate court can consider an unassigned error on which depends the
determination of the question in the properly assigned error.
Appellants Brief
Failure to file a notice of appeal results in the failure of the appellate court to
acquire jurisdiction over the appealed decision, resulting in its becoming final
and executor upon failure of the appellant to move for reconsideration.
*DBP v. CA et al.
Failure to file a brief within the period granted simply results in the
abandonment of the appeal which could lead to is dismissal upon failure to
move for its reconsideration, in which case the appealed decision would also
become final and executor, but prior thereto, the appellate court shall have
obtained jurisdiction of the appealed decision. There is more leeway to
exempt a case from the strictures of procedural rules when the appellate
court has already obtained jurisdiction over the appealed case.
RULE 41 APPEAL FROM THE RTC (as amended on Dec. 27, 2007)
Section 1. Subject to appeal.
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 these Rules to be
appealable.
No appeal may be taken from: (I JuS DREAM)
(a) An order denying a petition for relief or any similar motion seeking Relief from
judgment;
(b) An interlocutory order;
(c) An order disallowing or dismissing an Appeal;
(d) An order denying a motion to set aside a Judgment by consent, confession or
compromise on the ground of fraud, mistake or duress, or any other ground
vitiating consent;
(e) An order of execution
(f) A judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third-party complaints, while
the main case is pending, unless the court allows an appeal therefrom; and
(g) An order Dismissing an action without prejudice.
In all the above instances where the judgment or final order is not appealable,
the aggrieved party may file an appropriate special civil action under Rule 65.
Examples of other cases where appeal is allowed
1. Recovery of property in accounting
2. Severable judgments (defendants have severable interest)
3. Dismissal with prejudice
Order of Execution
Not appealable because execution is only the result of the judgment. If
order of execution is not in accord with the dispositive portion, remedy is
certiorari under Rule 65.
Test to determine whether or not an order or judgment is
Interlocutory
Does it leave something to be done in the trial court with respect to
the merits of the case? If yes, it is interlocutory; otherwise, it is final.
The 15- day period for filing the appeal should be counted from the
date when petitioners counsel received a copy or said judgment.
*Fajardo v. CA
NOTICE OF APPEAL
Deemed perfected as to appellant with
respect to the subject matter upon the
approval of the record on appeal filed in
due time
Court loses jurisdiction only over subject
matter upon approval of records on
appeal filed in due time and expiration of
the time to appeal of other parties.
1. Issue orders for the protection and preservation of the rights of the
parties which do not involve matters on appeal,
2. Approve compromises,
3. Permit appeals of indigent litigants,
4. Order execution pending appeal and
5. Allow withdrawal of the appeal.
Sec. 10. Duty of clerk of court of the lower court upon perfection of appeal.
- Verify correctness and completeness of record
- Transmit records to appellate court
Sec. 11. Transcript to be attaches to the records of the case.
Upon the perfection of the appeal, duty of clerk.
Sec. 12. Transmitted by the clerk of the lower court of the original record
or record on appeal within 30 days.
committed by the Regional Trial Court, and the reasons or arguments relied
upon for the allowance of the appeal;
d. Be accompanied by clearly legible duplicate originals or true copies of
the judgments or final orders of both lower courts, certified correct by the
clerk of court of the Regional Trial Court, the requisite number of plain copies
thereof and of the pleadings and the material portions of the record as would
support the allegations of the petition.
Certification under oath of non-forum shopping.
Sec. 4. Failure to comply with requirements a ground for dismissal.
Sec. 4. Action on the petition.
The Court of Appeals may require the respondent to file a comment on the
petition, not a motion to dismiss, within the ten (10) days from notice, or
DISMISS THE PETITION if it finds the same to be
1. Patently without merit,
2. Prosecuted manifestly for delay, or
3. That the questions raised therein are too unsubstantial to require
consideration.
Sec.5. CONTENTS OF COMMENT.
The comment of the respondent shall be filed in seven (7) legible copies,
accompanied by certified true copies of such materials portions of the record
referred to there in together with order supporting papers and shall
(a) State whether or not he accepts the statement of matters involved in
the petition;
(b) Point out such insufficiencies or inaccuracies as he believes exist in
petitioners statement of matters involved but without repetition; and
(c) State the reasons why the petition should not be given due course. A
copy thereof shall be served on the petitioner.
Sec. 6. Give due course upon prima facie finding of error of court
When does the CA give due course to the petition?
If it finds prima facie that the lower court has committed an error of fact or law
that will warrant a reversal or modification of the appealed decision, it may
accordingly give due course to the petition.
Sec. 7. Elevation of record. 15 days
Sec. 8. Perfection of appeal; effect thereof.
The Regional Trial Court loses jurisdiction over the case upon the
perfection of the appeals filed in due time and the expiration of the time to
appeal of the other parties.
However, before the Court of Appeals gives due course to the petition, the Regional
Trial Court may issue orders for the protection and preservation of the rights of the
parties which do not involve any matter litigated by the appeal, approve
compromises, permit appeals of indigent litigants, order execution pending appeal in
accordance with section 2 of Rule 39, and allow withdrawal of the appeal.
Except in civil cases decided under the Rule on Summary Procedure, the appeal
shall stay the judgment or final order unless the Court of Appeals, the law, or these
Rules shall provide otherwise.
Sec. 9. Submission for decision.
Appeal/Petition for Review/Certiorari Documents that should be
Attached.
* Caydona v. CA-we do not construe 2(d) of Rule 42 as imposing the
requirement that all supporting papers accompanying the petition should be
certified as true copies. (citing Cusi-Hernandez v. Diaz336 SCRA 113)
l.
m.
n.
o.
p.
q.
r.
the 1997 Rules of Civil Procedure. Neither the jurisprudence nor the
procedural rules just referred to provide for an exception.
d.
e.
f.
g.
h.
Statement of Facts
Statement of issues of fact and law
Arguments
Relief
Copy of the judgment appealed from
SPECIAL CIVILIZATION OF
CERTIORARI (RULE 65)
Reviews acts of lower courts/ judges
for grave abuse
Court/judge is made a respondent
Purpose is to annul the judgment and
remand the case for further proceedings
LEGAL QUESTION
QUESTION OF FACT
Regarding the
interpretation of law, legal
issues, meaning of law
Doubt or difference as to
the truth or falsity of the
facts alleged
filed well beyond the reglementary period for filing a petition for review and
without offering any reason therefore.
RULE 46 ORIGINAL CASES
Sec 1. Title of cases; petitioner v. respondent
Sec 2. To what actions applicable.
This Rule shall apply original actions for certiorari, prohibition, mandamus
and quo warranto.
EXCEPT as otherwise provided the actions for annulment of judgment shall be
governed by Rule 47, for certiorari, prohibition and mandamus by Rule 65, and
fro quo warranto by Rule 66.
Sec 3. CONTENTS and filing of petition; effect of non-compliance with
requirements.
(same as Sec. 2. Rule 42)
Sec 4. Jurisdiction over person of respondent acquired through service of
courts order.
Court shall acquire jurisdiction over the person of the respondent by:
1. service on him of its order or resolution indicating its initial action on the
petition OR
2. by his voluntary submission to such jurisdiction
Sec 5. Action by the court.
Sec 6. Determination of factual issues.
Sec 7. Effect of failure to file comment.
When no comment is filed by any of the respondents, the case may be decided on
the basis of the record, without prejudice to any disciplinary action which the court
may take against the disobedient party.
The rules says final order or judgment. This rule does not apply to annulment
of writ of execution.
It says final judgments, orders resolutions. This shall not apply to annulment of
judgment of quasi-judicial bodies.
Case: Islamic Dawa Council vs. CA A person who is not a party to the judgment
may sue for its annulment provided he can prove that the same was obtained
through fraud and collusion and that he would be adversely affected thereby. An
action for annulment may be availed of even if the judgment to be annulled had
already been fully executed or implemented.
Sec 2. GROUNDS FOR ANNULMENT.
The annulment may be based only on the grounds of extrinsic fraud and lack of
jurisdiction.
Extrinsic fraud shall not be a valid ground if it was availed of, or could have availed
of, in a motion for new trial or petition for relief.
Grounds for annulment distinguished
EXTRINSIC FRAUD
Collateral, it has nothing to go
with the proceedings itself
- Committed
outside
the
proceedings
ELEMENTS OF EXTRINSIC FRAUD:
i. committed by the prevailing party
ii. collateral act depriving the losing party
of his day in court.
iii. Not discovered when the judgment
was made
-
LACK OF JURISDICITON
Over the subject matter, over the
person
any of the parties is ground for granting a new trial or for setting aside,
modifying, or disturbing a judgment or order UNLESS refusal to take such
action appears to the court inconsistent with substantial justice.
Court at every stage of the proceedings must disregard any error or defect
which does not affect the substantial rights of the parties
Sec 7. Judgment where there are several parties.
Sec 8. Questions that may be decided.
No error which does not affect the jurisdiction over the subject matter or the
validity of the judgment appealed from or the proceedings therein will be
considered unless stated in the assignment of errors, or closely related to or
dependent on an assigned error and properly argued in the brief, save as the court
may pass upon plain errors and clerical errors.
Sec 9. Promulgation and notice of judgment.
Sec 10. Entry of judgments and final resolutions.
Sec 11. Execution of judgment.
Except where the judgment or final order or resolution, or a portion
thereof, is ordered to be immediately executor, the motion for its execution
may only be filed in the proper court after is entry. Xxx
RULE 52 MOTION FOR RECONSIDERATION
Sec 1. Period for filing. Within 15 days from notice of judgment or
resolution.
MR is a remedy before appeal. An appeal without the MR is considered
premature because there has to be an opportunity for the court to take a
second look at its decision.
MR must state new issues or matters. It must be cased on solid grounds
that were not properly addressed by the court.
Sec 2. No second motion for reconsideration.
Sec 3. Resolution of motion within ninety (90) days from the date when the
court declares it submitted for resolution (CA).
Sec 4. Stay of execution by pendency of MR, unless court directs execution
for good reasons.
RULE 53 NEW TRIAL
SC Philippine Reports
CA Court of Appeals Reports
RULE 56-B
APPEALED CASES
APPEALED CASES
All cases- via Petition Relief by certiorari
under Rule 45
Criminal cases where penalty imposed
is death, et al, - Notice of Appeal
4. Quo warranto
5. Habeas corpus
6. Disciplinary proceedings against
judges and lawyers
7. Cases
affecting
ambassadors,
public ministers and consuls
Sec 4. Procedure.
Sec 5. GROUNDS FOR DISMISSAL OF APPEAL.
The appeal may be dismissed motu proprio or on motion of the respondent on the
following grounds:
(a) Failure to take the appeal within the reglementary period;
(b) Lack of merit in the petition;
(c) Failure to pay the requisite docket fee and other lawful fees or to make a
deposit for costs;
(d) Failure to comply with the requirements regarding proof of service and
contents of and the documents which should accompany the petition;
(e) Failure to comply with any circular, directive or order of the Supreme Court
without justifiable cause;
(f) Error in the choice or mode of appeal; and
(g) The fact that the case is not appealable to the Supreme Court.
Sec 6. Disposition of improper appeal.
Except as provided in Section 3, Rule 122 regarding appeals in criminal cases where
the penalty imposed is death, reclusion perpetua or life imprisonment, an appeal
taken to the Supreme Court by notice of appeal shall be dismissed.
An appeal by certiorari taken to the Supreme Court from the Regional Trial Court
submitting issues of fact may be referred to the Court of Appeals for decision or
appropriate action. The determination of the Supreme Court on whether or not issues
of facts are involved shall be final.
Sec 7. Procedure if option is equally divided.
Where the Court en banc is equally divided in opinion, or the necessary majority
cannot be had, the case shall again be deliberated on, and if after such deliberation
no decision is reached, the original action commenced in the Court shall be
dismissed; in appealed cases, the judgment or order appealed from shall stand
affirmed; and on all incidental matters, the petition or motion shall be denied.
These provisional remedies are also available in criminal cases (Rule 127),
and in some special civil actions and special proceedings.
Purpose of Provisional Remedies:
1. To preserve or protect the rights or interests of litigants while the main
action is pending;
2. To secure the judgment;
3. To preserve the status quo;
4. To preserve the subject matter of the action.
Other Provisional Remedies:
A. Interim Reliefs in a Petition for a Writ of Amparo
1. Temporary Protection Order
2. Inspection Order
3. Production Order
4. Witness Protection Order
B. Issued by a Family Court
1. Temporary Custody of Minor Children
2. Order allowing Visitation Rights of Parents
Note:P.D 1818 prohibits the issuance of injunctive writs not only against
government entities but also against any person or entity involved in the
execution, implementation, and operation of government infrastructure
projects.
Inferior courts can grant all appropriate provisional remedies, provided
the main case is within its jurisdiction (Sec.33 [1] BP129)
Action against party who is not a resident of the Philippines and cannot
be found therein or upon whom service of summons by publication can
be made.
NOTE: The foregoing enumeration is EXCLUSIVE. Except for (f), all the
grounds contemplate the commission of fraud by the person against whom it
is issued.
- Ground (f) is not applicable to a foreign corporation duly licensed to do
business in the Philippines.
Purposes:
1. To seize the property of the debtor in advance of final judgment and to
hold it for purposes of satisfying the said judgment (Insular Bank of Asia and
America v. CA, 190 SCRA 629); and
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 affected.
Notes: - All properties exempt from execution are likewise exempt from
attachment.
- The Rules do not provide for any lifetime for a writ of attachment.
Classes of Attachment
Preliminary Attachment (Rule
57)
It is an auxiliary remedy to give security
for a judgment still to be rendered.
There is no sale because a decision has
not yet been rendered.
Resorted to at the commencement of the
action or at any time before entry of
judgment, for the temporary seizure of
property of the adverse party.
The proceeds of the sale are in custodia
legis.
Issued either ex-parte or upon motion with notice and hearing by the court in
which the action is pending
However, when issued ex-parte, the writ cannot be enforced and may not be
validly implemented unless preceded by a service of summons upon the
defendant, or simultaneously accompanied by service of summons, a copy of
the complaint, the application for attachment, the order of attachment, and
the attachment bond (Davao Light and Power Co. Inc v. CA, 204 SCRA 343)
The only requisites for the issuance of the writ of preliminary
attachment are the affidavit and bond of the applicant.
Note: The affidavit must contain all the allegations required; failure to do so
render the writ totally defective as the judge issuing it acts in excess of
jurisdiction.
Ratio: No
required,
to enable
the writ
ed.,p.624)
writ
and
notice
to
executor/administrator, clerk of court where estate being settled, and
heir/devisee/legatee;
f. Property in custodial egis writ to the court/agency and notice to
custodian
Where property attached may be sold
a. Hearing and notice
b. Property perishable or interests of all may be subserved by sale
c. Sale by public auction
d. Proceeds deposited in court
When preliminary attachment is discharged
a. Adverse party posts a counterbond or makes requisite cash
deposit - if attachment to be discharged is with respect to particular
property, counterbond or deposit shall be equal to the value of the
property as determined by the court; in all other cases, amount of
counterbond should be equal to the amount fixed in the order of
attachment.
CASH DEPOSIT OR COUNTERBOND SHALL SECURE THE PAYMENT OF
ANY JUDGMENT THAT ATTACHING PARTY MAY RECOVER
b. Applicants bond is insufficient or sureties fail to justify;
c. Attachment was improperly (eg. Writ of attachment not based on
Rule 57 Section 1) or irregularly (eg. Without previous or
contemporaneous service of summons) issued;
d. Property attached is exempt from execution;
e. Judgment is rendered against attaching party;
f. Attachment is excessive discharge is with respect to the excess
Application for discharge, where filed
Application for discharge may only be filed with the court where the
action is pending may be filed even before enforcement of the writ
so long as there has been an order of attachment.
Third Party Claimant:
When third party claimant makes affidavit of title or right to possession over
property and serves it upon sheriff while he still has possession of attached
property and a copy upon the attaching party, sheriff is not bound to keep
property under attachment unless applicant on demand of sheriff files a bond
approved by court to indemnify third party claimant in sum not less than
value of property levied upon (in case of disagreement as to value, court shall
determine). Claim against said bond must be made within 120 days from
filing (Rule 57 Sec 14).
Third party claimant can vindicate right to attached property in same or
separate action; attaching party can also claim damages against third party
Mandatory
Purpose is to require a person to perform a
particular act.
The act has already performed and this act has
violated the rights of another.
Requisites:
1. Invasion of the right is material and substantial;
2. Right of the complainant is clear and unmistakable;
3. Urgent and paramount necessity for the writ to prevent serious damages.
Gen. Rule: It will not issue against acts already consummated.
Exception: If the acts complained of are continuing in nature and were in
derogation of plaintiffs rights at the outset.
GROUNDS FOR PRELIMINARY INJUNCTION
a. Plaintiff is entitled to relief demanded which consists in restraining or
requiring the performance of acts (the latter is preliminary mandatory
injunction);
b. The commission of acts or non-performance during pendency of
litigation would probably work injustice to the plaintiff; OR
c. Defendant is doing, threatening, attempting or is procuring or
suffering to be done some act/s in violation of plaintiffs rights
respecting the subject of the action and tending to render judgment
ineffectual.
ACTIONS WHERE PRELIMINARY INJUNCTION LIES:
a. In petitions for relief from judgment entered through fraud, accident,
mistake or excusable negligence,
b. In petitions for certiorari, prohibition, and mandamus,
c. In actions for annulment of judgments obtained through fraud,
d. In actions for annulment of judgments which are not patent nullities
(want of jurisdiction, lack of due process of law) (BancoEspanol v.
Palanca, 37 Phil. 921)
e. To restrain continued breach of valid negative obligation,
f. To enjoin repeated trespass on land
g. To restrain city from proceeding with abatement of nuisance per
accidents before it has been judicially declared as such,
h. To restrain voting of disputed shares of stocks,
i. To restrain sheriff from selling property on execution not belonging to
judgment debtor,
j. To restrain criminal prosecutions as an exception, in the following
cases:
To afford adequate protection to constitutional rights of
accused,
When there is a pre-judicial question which is sub judice,
Prosecution under an invalid law,
Double jeopardy is clearly apparent,
Court without jurisdiction over the offense,
PROHIBITION
INJUNCTION
May exceed 20 days.
Restrains
or
requires
the
performances of particular acts.
TRO
Does not exceed 20 days.
Maintain the status quo.
GENERAL PROCEDURE
a. Verified application (show facts entitling applicant to relief demanded)
b. Bond (unless exempted by court) to pay adverse party all damages he
may sustain by reason of the injunction or TRO
c. If included in complaint or initiatory pleading and case filed in multisala court,
d. Case shall be raffled only after notice and in the presence of the
adverse party; prior or contemporary service of summons, complaint,
affidavit, and bond; unless summons cannot be served personally or by
substituted service despite diligent efforts, adverse party a Phil.
Resident temporarily absent, or a non-resident.
e. Application for TRO acted upon only after summary hearing within 24
hours after sheriffs return of service and/or records received by branch
selected by raffle.
Ex-parte TRO (Rule 58, Sec. 5)
a. Matter of extreme urgency, and applicant will suffer grave injustice and
irreparable injury
b. Executive judge of multiple-sala court or presiding judge of single sala
court may issue ex-parte TRO effective for 72 hours from issuance
TRO good for only 20 days from service; 60 days for CA or member; until
further orders from SC or member.
TRO can be issued ex parte only if matter of grave urgency and plaintiff will
suffer grave injustice and irreparable injury. Good for 72 hours from issuance,
within which judge must comply with service of summons, complaint,
affidavit and bond, and hold summary hearing to determine whether TRO
should be extended for 20 days. In no case can TRO be longer than 20 days
including the 72 hours.
IRREPARABLE INJURY By irreparable injury is not meant such injury as is
beyond the possibility of repair, or beyond possible compensation in
damages, nor necessarily great injury or great damage, but that species of
injury, whether great or small, that ought not to be submitted to on the one
hand or inflicted on the other; and because it is so large on the one hand, or
small on the other, is of such constant and frequent recurrence that no fair or
reasonable redress can be had therefore in a court of law.
Garcia v. Burgos, reiterated in Administrative Circular no. 7-99,
promulgated June 25, 1999
No TRO, preliminary injunction or preliminary mandatory injunction may issue
against the government in cases involving implementation of government
infrastructure projects.
*De la Cruz v. Tan Torress 107 Phil. 1163
Mere filing of a counterbond is not sufficient to dissolve a writ of preliminary
injunction. The writ may be granted or dissolved only upon good and valid
grounds. To warrant dissolution, aside from the counterbond, the party
enjoined must also show that the injunction will cause him irreparable
damage while applicant can be compensated for damages he may suffer
(show thru hearing). Filing a counterbond to dissolve injunction is not a
matter of right.
*Paras v. Roura 163 SCRA 1
A TRO issued by the trial court or CA expires automatically upon the lapse of
the 20 day period respectively. There is no need for any judicial declaration of
dissolution.
*Acosta v. Alvendia 109 Phil 1017
The RTC cannot restrain or enjoin acts being perpetrated or to be perpetrated
outside of its territorial boundaries.
*Decano v. Edu 99 SCRA 410
Where the main action is the annulment of the action of the respondent and
the injunction is merely corollary, trial court of locality where questioned act
is to be implemented has jurisdiction.
*Dagupan Electric Corp. v. Pano 95 SCRA 693
RULE 60 REPLEVIN
Nature of Replevin
*BA Finance v CA , G.R. No. 102998, July 5, 1996
It is both a form of principal remedy and a provisional relief. It is also
described as a mixed action because it is party in rem and party in personam.
It is in rem insofar as recovery of specific personal property is concerned, and
it is in personam insofar as the claim for damages is concerned.
Where it applies
Replevin applies only to personal properties.
When application must be made
The application for replevin must be made at the commencement of the
action or at any time before answer.
Contents of application
What must be stated in applicants affidavit (or affidavit of other person who
personally knows the fats):
a. That applicant is the owner of the property claimed, particularly
describing it, or as entitled to possession thereof;
b. That the property is wrongfully detained by the adverse party, alleging
the cause of detention thereof according to the best of his knowledge,
information, and belief;
c. That the property has not been distrained or taken for tax assessment
or fine pursuant to a law, or seized under a writ of execution or
preliminary attachment, or otherwise placed under custodia legis, or if
so seized, that it is exempt from such seizure or execution; and
d. The actual market value of the property.
Bonds
a. Applicants bond: executed to the adverse party in double the value
of the property as stated in affidavit for the return of such property and
for payment of such sum as adverse party may recover from applicant
in the action (Rule 60, Sec 2.)
b. Counterbond of adverse party: for the return of the property to
him, file bond in court where the action is pending anytime before
delivery of the property to the applicant, in double the value of the
property as stated in applicants affidavit for delivery of property to
applicant if such delivery be adjudged, and for payment of such sum as
may be recovered against him (serve copy of bond on application)
(Rule 60, Sec 5.)
c. Bond for third party claimant by applicant: when third party
claimant makes affidavit of title or right to possession over property
and serves it upon sheriff while he still has possession of property, and
a copy upon the applicant, sheriff not bound to keep property under
replevin or to deliver it to applicant unless applicant on demand of
sheriff files a bond approved by court to indemnify third party claimant
in sum not less than value of property under replevin as provided in
affidavit of applicant (in case of disagreement as to value, court shall
determine). Claim against said bond must be made w/in 120 days from
filling (Rule 60 Sec. 7).
Third party claimant can vindicate right to replevined property in the
same or separate action; attaching party can also claim damages
against third party who filed a frivolous or spurious claim in same or
separate action (Rule 60 Sec 7).
Third Party claimant can file a motion to intervene under Rule 19
instead of filing an affidavit of title or right to possession under Rule
60.
Return of the party
Defendant entitled to return of property taken under writ if:
a. he seasonably posts redelivery bond
b. plaintiffs bond is insufficient or defective
c. property is not delivered to plaintiff for any reason (includes situation
where applicant failed to file bond to indemnity third party claimant)
Replevin bond is only intended to indemnify defendant against any loss
that he may suffer by being compelled to surrender the possession of the
disputed property pending trial of the action. Thus, surety is not liable for
payment of judgment for damages rendered against plaintiff on a
counterclaim for punitive damages for fraudulent or wrongful acts
committed by the plaintiffs which are unconnected with the defendants
deprivation of possession by the plaintiff.
SCA
Not required in Declaratory Relief
Quo Warranto if commenced in SC
or CA where the court sits. If
commenced in RTC, looks into
residence of respondent only. If SG
commences, in RTC City of Manila.
FEUD only in MTC
CPM cannot be filed in MTC
RULE 62 INTERPLEADER
Nature of Interpleader
INTERVENTION
Ancillary action
Defendants are
interplead them
sued
precisely
to
an
Ordinary
Action
ORDINARY ACTION
Writ of execution is available
There is a breach of violation of right
Motion to Dismiss Rules 16 and 17
and
an
action
for
DECLARATORY RELIEF
No writ of execution. Judgment stands by
itself and does not involve executory or
coercive relief.
No breach or violation
Additional Ground: Rule 63 Sec. 5
2.
APPEAL BY CERIORARI
RULE 45
Appellate
court
can
only
review
questions or errors of law decided or
committed by the lower court
Parties: appellant as petitioner; appellee
as respondent
Appeal brings up for review errors of
judgment committed by the court in the
exercise of its jurisdiction amounting to
nothing more than an error or judgment.
PROHIBITION
Directed to court itself, commanding it to
cease from the exercise of a jurisdiction to
which it has no legal claim
REQUISITES OF PROHIBITION
1. There must be a controversy
2. Respondent is exercising judicial, quasi-judicial or ministerial functions
3. Respondents acted without or in excess of its jurisdiction, or acted with
grave abuse of discretion;
4. There must be no appeal or other plain, speedy, and adequate remedy.
QUO WARRANTO
When respondent claims any
right to the office and usurps,
intrudes into, or unlawfully holds
it against the petitioner.
hsal be filed not later than 60 days counted from the notice of the denial of
the motion. (as amended on Dec. 27, 2007)
(NOTE: This sentence is deleted per Dec. 27, 2007 amendment No
extension of time to file the petition shall be granted except for compelling
reason and in no case exceeding 15 days.
2. Where petition filed:
(NOTE: Supreme Court --- deleted under the amendment last Dec.
27, 2007)
Regional Trial Court exercising jurisdiction over the territorial area if it
relates to the acts or omissions of a lower court or of a corporation, board
officer or person; or
Court of Appeals whether or not in the aid of its appellate jurisdiction, and
unless otherwise provided, in its exclusive jurisdiction when it involves the
acts or omissions or a quasi-judicial agency; or
Sandiganbayan if it is in aid or its appellate jurisdiction.
COMELEC in election cases involving an act or omission of a
municipal or a regional trial court, exclusively with the COMELEC in
aid of its appellate jurisdiction. (AMENDED ON December 27, 2007)
3. Respondents:
PUBLIC RESPONDENTS: the judge, court, quasi-judicial agency,
tribunal, corporation, board, officer or persons whose acts or omissions are
questioned
PRIVATE RESPONDENTS - person(s) interested in sustaining the
proceedings in the court.
4. Duty of Respondents:
Private Respondent To appear and defend, both in his behalf and
in behalf of the public respondent(s) affected by the proceedings.
Public Respondent - Shall NOT appear in or file an answer or
comment to the petition or any pleading therein, unless otherwise specifically
directed by the court. They are included in the petition only as nominal
parties.
An original action for certiorari, prohibition, and mandamus is an
independent action and as such:
1) does not interrupt the course of the principal action unless a TRO or a WPI
has been issued, in which case the public respondent shall be enjoined from
further proceeding with the case. The public respondent shall proceed with
the principal case within 10 days from the filing of a petition for certiorari
with a higher court or tribunal, absent a temporary restraining order or a
preliminary injunction, or upon its expiration. Failure of the public respondent
OF
ORIGINAL
PETITION
FOR
8.
or
PROHIBITION
Directed against an entity
or
person
exercising
judicial. Quasi-judicial, or
ministerial 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
have
respondent desist from
further proceeding
This remedy is preventive
and negative to restrain
or prevent usurpation or
jurisdiction
MANDAMUS
Directed against an entity or
person exercising ministerial
functions
Entity or person is alleged
have unlawfully:
1. Neglected
a
ministerial duty; or
2. Excluded
another
from a right for office.
At the trial of the issue of compensation, whether or not the defendant has
previously appeared or answered, he may present evidence as to the amount
of the compensation to be paid for his property, and he may share in the
distribution of the award.
The answer to the complaint for expropriation shall:
1. Specifically designate or identify the property in which he claims to have
an interest;
2. State the nature and extent of the interest claimed; and
3. Adduce all of defendants objections or defenses to the taking of his
property
No counterclaim, cross-claim or third-party complaint shall be alleged or
allowed in the answer or any subsequent pleading. [Rule 67.3]
ORDER OF EXPROPRIATION
It declares that the plaintiff has a lawful right to take the property sought
to be expropriated for the public use or purpose described in the complaint,
upon payment of just compensation to be determined as of the date of the
taking of the property or the filing of the complaint whichever is earlier.
It is issued by the court in which the complaint for expropriation is filed
when:
o objections or defenses of the defendant have been overruled, or
o the defendant raised no such defense or objection, or
o no party appears to defend. [Rule 67.4]
COMPENSATION
- Just compensation is defined as the full and fair equivalent of the property
taken from its owner by the expropriator. The measure is not the takers gain,
but the owners loss. To compensate is to render something which is equal in
value to that taken or received. The word just is used to intensify the
meaning of the word compensation; to convey the idea that the equivalent
to be rendered for the property taken shall be real, substantial, full, ample. In
eminent domain or expropriation proceedings, the general rule is that the just
compensation which the owner of condemned property is entitled to is the
market value. Market value is that sum of money which a person desirous
but not compelled to buy, and an owner willing but not compelled to sell,
would agree on as a price to be given and received therefor. (BPI v. CA,
2004)
Note : Sentimental value not computed
*Benguet Consolidated Inc. v. Republic
For the determination of just compensation, three (3) commissioners are
appointed. They shall assess the consequential damages to the property not
taken and deduct the consequential benefits to be derived from the public
use of the property taken. Legal interest is demandable from the time the
government took the petitioners mining claims until payment is made by the
government.
fixed in the decision of the court within 90 to 120 days after entry of
judgment or even after the foreclosure sale but prior to its confirmation.
(Limpin v. Intermediate Appellate Court, 1988)
Registration
a) If no right of redemption, certificate of title of mortgagor is cancelled,
new one issued to purchaser
b) If with right of redemption, certificate of title of mortgagor is not
cancelled, but certificate of sale and order confirming the sale is
registered with brief order confirming the sale is registered with brief
memorandum made by RD upon the certificate of title.
If property redeemed, deed of redemption is registered with RD
and brief memorandum on certificate of title is made.
If not redeemed, final deed of sale registered with RD certificate
of title of mortgagor is cancelled and new one issued to
purchaser
RULE 69 - PARTITION
Partition is the process of dividing and assigning property owned in common
among the various co-owners thereof in proportion to their respective
interests in said property.
Partition of property may be:
1. Extrajudicial by agreement
2. Judicial compulsory; governed by Rule 69
Even if the parties resorted to judicial partition, they may still make an
amicable partition of the property. [Secs. 2 and 12]
Rule 69 applicable to partitions of estates composed of personal property,
or of both real and personal property. [Sec. 13]
Matters to allege in the complaint for partition
a)
b)
c)
d)
Initiated by a complaint
by a person having the RIGHT to COMPEL PARTITION
setting forth the NATURE and EXTENT of his TITLE
and an adequate description of the real estate
joining as defendants all other persons interested in the property
b) Second stage commences when the parties are unable to agree upon the
partition directed by the court. In that case, 3 commissioners are called.
May its also deal with the rendition of the accounting and its approval by the
court
Order of partition and partition by agreement
If after the trial the court finds that the plaintiff has the right thereto, it shall
order the partition of the real estate among all the parties in interest. A final
order decreeing partition and accounting may be appealed by any party
aggrieved thereby.
Voluntary partition
1. parties agree to make the partition among themselves by proper
instruments of conveyance
2. the court confirms the partition so agreed
3. partition, together with the order of the court confirming the same,
recorded in the RoD of the place in which the property is situated
Partition by commissioners; appointment of commissioners,
commissioners report; court action upon commissioners report
Sec. 3. Commissioners to make partition when parties fail to agree. If
the parties are unable to agree upon the partition, the court shall appoint not
more than three (3) competent and disinterested persons as commissioners
to make the partition, commanding them to set off to the plaintiff and to each
party in interest such part and proportion of the property as the court shall
direct. (3a)
Sec. 4. Oath and duties of commissioners. Before making such partition,
the commissioners shall take and subscribe an oath that they will faithfully
perform their duties as commissioners, which oath shall be filed in court with
the other proceedings in the case. In making the partition, the commissioners
shall view and examine the real estate, after due notice to the parties to
attend at such view and examination, and shall hear the parties as to their
preference in the portion of the property to be set apart to them and the
comparative value thereof, and shall set apart the same to the parties in lots
or parcels as will be most advantageous and equitable, having due regard to
the improvements, situation and quality of the different parts thereof. (4a)
Sec. 5. Assignment or sale of real estate by commissioners. When it is
made to appear to the commissioners that the real estate, or a portion
thereof, cannot be divided without prejudice to the interests of the parties,
the court may order it assigned to one of the parties willing to take the same,
provided he pays to the other parties such amounts as the commissioners
deem equitable, unless one of the interested parties asks that the property
be sold instead of being so assigned, in which case the court shall order the
commissioners to sell the real estate at public sale under such conditions and
within such time as the court may determine. (5a)
Sec. 6. Report of commissioners; proceedings not binding until confirmed.
The commissioners shall make a full and accurate report to the court of all
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 from date of last demand
DEMAND
IN UNLAWFUL
DETAINER
ACTIONS NOT
SUPERSEDEAS BOND
To stay execution of judgment against defendant, he must perfect an appeal
and file a supersedeas bond to pay the rents, damages and costs accruing
down to the time appealed from and DEPOSIT with appellate court the
AMOUNT OF RENT due from time to time if with contract. If without contract,
deposit with RTC the REASONABLE VALUE for the use and occupation of the
premises.
* If defendant fails to make these payments from time to time during
pendency of the appeal, appellate court, upon plaintiffs motion, shall order
the execution of judgment appealed from with respect to the restoration of
possession.
A provision for liquidated damages, outside compensation for use of the
property, in the lease contract is valid and may be enforced in an ejectment
proceedings. - Azcuna Jr. v. CA, 255 SCRA 215 (1996)
Acab v. CA, 241 SCRA 546 (1995) Lease agreements with no specific period
are deemed for the period in which the rents are regularly paid. The lease is
therefore for a definite period. The lease expired at the end of the month and
therefore there was a ground to demand that the lessee vacate at the end of
the month. In case of refusal, there is ground for an ejectment action.
RULE 71 CONTEMPT
CONTEMPT is disobedience to the court by acting in opposition to it
authority , justice and dignity. It signifies not only willful disregard or
disobedience of the courts orders but also conduct tending to bring the
authority of the court and the administration of law into disrepute or in some
manner, to impede the due administration of justice
As to manner of commission
a) Direct Contemplate (contempt in facie curiae)
* 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.
b) Indirect Contempt (Constructive 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.
As to nature
a) Civil Contempt
Special Proceedings
PART IV -
SPECIAL PROCEEDINGS
Rules 72-109
SPECIAL PROCEEDINGS
To establish a status, right, or a
particular fact
Initiated by petition
Definite petitioner, no definite adverse
party
Opposition is filed
Heard by court of limited jurisdiction
Not adversarial
No statute of limitations
30-day appeal period
ii.
Escheat
Ordinary escheat proceedings: RTC
If resident place where deceased last resided
If non-resident place where he had estate
Reversion of land to State for violation of Constitution / Laws: RTC
where land lies in whole or in part
iii. Unclaimed deposits (for 10 years): RTC of province where blank is
located
All banks located in 1 province where court is located may be made
parties defendant in 1 action.
c. Guardianship and custody of children: Family Court
If resident place where minor/incompetent resides
Id non-resident place where minor/incompetent has property
d. Trustees
i.
RTC gross value of the estate exceeds P300,000/P400,000
ii.
MTC gross value of the estate does exceed P300,000/P400,000
If will allowed in the Philippines court where will was allowed
If will allowed outside on the Philippines court in place where property
is situated
e. Adoption: Regional Trial Court
If domestic adoption place where adopter resides
If inter-country adoption court who has jurisdiction over the adoptee
f. Rescission and revocation of adoption: Regional Trial Court
g. Hospitalization of insane patient: RTC in place where person to be
insane in found
h. Habeas corpus
i.
SC
ii.
CA
iii.
RTC (within its respective region)
iv.
MTC (in absence of RTC judges in province/city)
i. Change of name
i. Judicial (Rules of Court): RTC in place where petitioner resides.
ii. Administrative (RA 9048):
Civil register where entry is located or if applicant migrated: civil
register in place where he resides
Consul General: if applicant resides abroad
j. Voluntary dissolution of corporations: SEC
k. Constitution of family home under the Family Code, it is deemed
constituted on a house and lot from the time it is occupied as a family
residence
l.
> P200,000
>P100,000
14 April
1999 31
DECEMBER
2003
>P400,000
>P200,000
BEGINNING
YEAR 2004
14 APRIL
1999 31
DECEMBER
2003
P400,000
P200,000
BEGINNING
YEAR 2004
>P400,000
>P300,000
P200,000
P100,000
P400,000
P300,000
disqualified
from
serving
as
executors
or
a. A minor;
b. A non-resident (of Phils.)
c. A person unfit in the opinion of the court to execute the duties of his
trust
Requisites for a person to be appointed executor or administrator:
a. Accepts the trust
b. Gives a BOND
c. Competent
ORDER OF PREFERENCE IN GRANTING LETTERS OF ADMINISTRATION
1) Surviving spouse or next of kin.
NEXT OF KIN Those persons who are entitled under the statute of
distribution to the decedents property.
2) Any one or more of the principal creditors.
3) Stranger.
OPPOSITION OF THE ISSUANCE OF LETTERS TESTAMENTARY [Rule 79,
Sec. 1]
Any interested person in the will.
He should state the grounds in writing why he is opposing and he may
attach a petition for letters of administration.
DUTIES/POWERS OF THE GENERAL ADMINISTRATOR
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 make improvements on the properties under administration with the
necessary court approval except for necessary repairs.
4) To maintain in tenantable repair the houses and other structures and
fences and to deliver the same in such repair to the heirs or devisees when
directed to do so by the court.
5) To possess and manage the estate when necessary for
(1) the payment of debts, and
(2) for the payment of expenses of administration.
6) Make a true inventory and appraisal of all real/personal property of
decedent within 3 months after his appointment (except clothes of family,
marriage bed, and other articles for subsistence of family).
7) To render true an just account of his administration within 1 year of
appointment.
8) To perform all orders by the court.
9) Discharge all debts/legacies/charges as shall be decreed by the court.
10) Give allowance to legitimate surviving spouse or children of the decedent
if the court decrees such (grandchildren are not entitled).
DUTIES/POWERS OF THE SPECIAL ADMINISTRATOR
1) Possession and charge of the goods, chattels, rights, credits and estate of
the deceased.
b. Posted:
i. In 4 public places in PROVINCE of last residence of decedent;
ii. In 2 public places in MUNICIPALITY of decedents last residence.
Claims which must be filed with the probate court:
a. All claims for money against decedent arising from contract;
b. Claims for funeral expenses and for the last illness;
c. Judgment for money.
Time for filing of claims:
Must be filed within the time specified by the court in its notice, which period
shall not be less than n6 months nor more than 12 months from the date of
the first publication of the notice. HOWEVER, at any time before an order of
distribution is entered, a creditor who failed to file his claim on time, may,
upon showing good cause, ask the court to allow him to file his claim. The
court may then allow him to file such claim within a time which shall not
exceed 1 month.
Alternative remedies available to mortgage creditor upon death of
mortgagor:
a. Abandon security and prosecute claim in probate court;
b. Foreclose mortgage judicially ; and recover deficiency thru claim in
probate court;
c. Rely solely on mortgage or security and foreclose the same within
statute of limitations , without the right to recover the deficiency
STATUTE OF NON-CLAIMS
Definition: Period fixed by the ROC for the filing of claims against the estate
for examination and allowance. The Statute of Non-Claims applies only to
claims that do not survive.
CLAIMS THAT DO NOT SURVIVE [Rule 86, Sec. 5]
1) Money claims, debts incurred by the deceased during his lifetime, arising
from contract:
a) Express or implied;
b) Due or not due;
c) Absolute or contingent.
2) Claims for funeral expenses or for the last illness of the decedent.
3) Judgment for money against decedent.
However, a creditor barred by the statute of non-claims may file a claim as
a counterclaim in any suit that the executor or administrator may bring
against such creditor.
*PNB V. CA, ET AL. June 29 2001
Rule 89 7(r) provides that if the court grants authority to mortgage property
of the estate , it shall be valid as if the deed had been executed by the
deceased in his lifetime. Thus, Rule 86 7
also applies as to the remedies
of the mortgagee. Case law now holds that this rule grants to the mortgagee
Order granting the authority to sell shall last for only 1 year.
RULE 98 TRUSTEES
Venue of Adoption proceedings:
Family Court of the province where the minor resides.
Who may adopt:
a. Filipino citizen
i.
At least 18
ii.
Capacity
(1) Full civil capacity and legal rights
(2) Good moral character
(3) No conviction of crime involving moral turpitude
(4) Emotionally and psychologically capable of caring
(5) Able to support in keeping with means of the family
iii.
At least 16 years older than the adoptee
Exceptions:
(1) If the adopter is the biological parent of the adoptee
(2) If the adopter is the spouse of the adoptees parent
(3) If the adopter is the sibling of the adoptee (Article IV, 7 of the IRR)
b. Alien
i.
Possesses the same qualifications as a Filipino (I to iii of a)
ii.
His country has diplomatic relations with the Philippines
iii.
3-year continuous residence before filing and maintains residence
until the decree is entered
iv.
Certification by his government that
(1) If the adopter is a former Filipino citizen seeking to adopt a
relative within the fourth degree of consanguinity/affinity
(2) If the adopter seeks to adopt the legitimate son/daughter of
his/her Filipino spouse
(3) If the adopter is married to a Filipino citizen, and seeks to adopt
jointly with spouse a relative 4 th degree of consanguinity/affinity
of the spouse
c. Guardian
After termination of guardianship and clearance of financial
accountabilities
d. Husband and Wife
General Rule: Joint adoption (joint parental authority)
Exceptions:
a. Adoption of legitimate son/daughter of the spouse
b. Adoption of ones own illegitimate son/daughter (consent of other
spouse needed)
c. Spouses are legally separated
Contents of petition:
a. Jurisdictional facts;
b. Qualifications of the adopter;
c. That adopter is not qualified by law;
d. Name, age and residence of the adoptee and his relatives or of the
persons who have him under their care;
e. Probable value and character of the estate of the adoptee.
Who may be adopted
a. Below 18 and declared available for adoption
b. Legitimate son/daughter of one spouse (Even if beyond 18)
c. Illegitimate son/daughter (even if beyond 18)
d. One of legal age but treated as own child since minority
e. Child with rescinced adoption
f. Child whose parents are dead (6-month bar to any proceedings)
Whose consent needed:
a. The adoptee if 10 years old or up
b. Biological parents/legal guardian/proper government instrumentally;
c. Legitimate and adopted children, 10 years or over, of adopter and
adoptee, if any;
d. Illegitimate children of adopter, 10 years or over, if living with adopter
and the latters spouse, if any.
Grounds:
a. Repeated physical and verbal maltreatment
b. Attempt on life
c. Sexual assault/violence
d. Abandonment and failure to comply with parental obligation
Remedy of adopter against erring adoptee
a. Disinheritance
Effects of rescission:
a. Restoration of previous legal custody (for minors)
b. Extinguishment of reciprocal rights
c. Cancellation of amended birth certificate and restoration of original
birth certificate (vested rights respecting criminal sanctions remain.)
the writ, the court may issue a citation to the government officer having the
person in her/his custody to show cause why the writ should not issue.
such persons outside the protection of the law. [Declaration on the Protection
of All Persons from Enforced Disappearances]
WRIT OF HABEAS DATA
HD WRIT An independent remedy to protect the right to privacy,
especially the right to informational privacy.
Rationale:
- The privacy of ones person/family/home is a sanctified right in the history
of constitutional law. A persons home is his kingdom, which even the king
has to respect.
- The right to privacy is accorded a recognition independent of its
identification with liberty. In itself, it is fully deserving of constitutional
protection. A system of limited government safeguards a private sector,
which belongs to the individual; firmly distinguishing it from the public sector,
which the government can control. Protection of this private sector (i.e. of the
individuals dignity and integrity) has become increasingly important as
modern society developed. All the forces of technological age operate to
narrow the area of privacy and facilitate intrusion into it. In modern terms,
the capacity to maintain and support this enclave of private life marks the
difference between a democratic and a totalitarian society. [Morfe v. Mutuc
(1968)
The HD writ is also a remedy to protect the right to life/liberty/security of a
person from violation (or threat thereof) by an unlawful act/omission of a
public official/EE or of a private individual/entity.]
WRIT OF AMPARO VIS--VIS WRIT OF HABEAS DATA
Nature of
remedy
writ of amparo
If right to life/liberty/security
is violated (or threatened to
be so) by a public official/EE
or a private individual/entity
Return on
the writ
writ of HD
If right to privacy is so violated (or
threatened to be so) in
gathering/collecting/storing data or
information about aggrieved party's
person/family/home/correspondence
1) SAME
2) If ELKED cases (in order):
a) SAME
b) SAME
Defenses
raised
Interim
reliefs
Required
standard
of
diligence
Notice of hearing
Notice of hearing published once a week for 3 consecutive weeks.
Date of hearing:
Cannot be held within 30 days before an election, or within 4 months after
last publication
Title of Petition:
Must include name, aliases, and name asked for. Example: In Re: Petition for
Change of Name of X, alias Y, to Z. X, Petitioner.
Publication:
Must reproduce title of the petition (see above), and contain correct
information as to:
a. Name or names of petitioner;
b. Cause for the change of name;
c. Name asked for.
Failure to comply with above requirements renders proceedings null and void.
on
No posting
Change of name is to correct clerical/
innocuous errors
Criminal Procedure
A. General Matters
1. Distinguish Jurisdiction over subject matter from jurisdiction over
person of the accused
Jurisdiction over the subject matter
-it is defined by law; determined by the extent of the penalty which the law
imposes based on facts as recited in the complaint/information constitutive of
the offense charged.
GENERAL RULE: The courts jurisdiction to try a criminal action is to be
determined by the law at the time of the institution of the action. Succeeding
legislation placing jurisdiction already obtained by a court.
EXCEPTION: Where the succeeding statute expressly provides, or is
construed that it is intended to operate to actions pending before its
enactment, in which case the court where the criminal action is pending is
ousted of jurisdiction and the pending action will have to be transferred to the
other tribunal, which will continue the proceeding.
Jurisdiction over the person of the accused
-acquired either by:
a. arrest of person or
b. voluntary submission by the person
-voluntary appearance of the accused is accomplished by:
a. his pleading to the merits [filing a motion to quash, appearing for
arraignment, or entering trial] or
b. by filing bail
Jurisdiction over the subject
matter
Derived from the law. It can never be
acquired solely by consent of the
accused.
The absence of courts jurisdiction
over the subject matter may be
raised
at
any
stage
of
the
proceeding. The right to make such
objection is never waived.
RTC
-exclusive
original
jurisdiction all criminal
cases not within the
exclusive jurisdiction of
any court/tribunal/body.
[Sec 20. BP 129]
Exception: Those
now falling under the
exclusive
and
concurrent
jurisdiction
of the Sandiganbayan,
which shall hereafter be
exclusively
taken
cognizance of by the
latter. [Sec 20. BP 129]
-criminal cases where
one or more of the
accused is below 18
years of age but not less
than 15 years, or where
one or more of the
victims is a minor at the
time of the commission
of the offense [RA 9344]
SANDIGANBAYAN
-exclusive
original
jurisdiction
in
those
cases
expressly
enumerated in PD 1606,
as amended by RA 8249
Violations of RA 3019
Anti-Graft and Corrupt
Practices Act, RA 1379,
Chapter II, Section 2,
Title VII, Book II of the
RPC.
Official enumerated are
the following:
1. Officials of the
executive branch
occupying
the
positions
of
regional director
and
higher,
otherwise
classified
as
Grade 27 and
higher,
of
the
thereof.
-provided, however that
in offenses involving
damage
to
property
through
criminal
negligence they shall
have
exclusive
jurisdiction
thereof.
[Sec. 32 BP 129]
Exception: cases
falling
within
the
exclusive
original
jurisdiction of RTCs and
of the Sandiganbayan.
[Sec 32. BP 129]
Cases classified
under the Revised Rules
on
Summary
Proceedings:
[SC
Resolution, October 15,
1991]
violations of traffic
laws/rules/regulation
s
violations of rental
law
cases where the
penalty prescribed
by
law
for
the
offense charged is
imprisonment
not
exceeding 6 months,
or
a
fine
not
exceeding P1000 or
both, irrespective of
other
imposable
penalties, accessory
or otherwise, or of
the
civil
liability
arising
therefrom:
Provided, however,
that
in
offenses
involving damage to
property
through
criminal negligence,
this
Rule
shall
govern where the
imposable fine does
not exceed P10,000.
Exception:
a
Compensation
and
Position
Classification Act
of 1989 [RA 6758]
2. Members
of
Congress
and
official
thereof
classified
as
Grade 27 and up
under
the
Compensation
and
Position
Classification Act
of 1989
3. Members of the
judiciary without
prejudice to the
provisions of the
Constitution
4. Chairmen
and
members
of
Constitutional
Commissions,
without prejudice
to the provisions
of
the
Constitution.
-Other
offenses
or
felonies whether simple
or complexed with other
crimes committed by
public
officials
and
employees in relation to
their office
Requisites:
accused is any one
of the public officials
enumerated
in
subsection a of Sec.
4 of RA 8249, grade
27 or higher
accused
commits
any other offense or
felony, than those
specified
in
subsection
a
whether simple or
complexed
with
other crimes; and
offender
commits
instituted by filing the complaint with the appropriate officer for PI. In
offenses cognizable by inferior courts, the complaint or information is filed
directly with said courts or the complaint is filed with the fiscal.
In
Metropolitan Manila and other chartered cities, the complaint may be filed
with the office of the public prosecutor unless otherwise provided in their
charters. [Rule 110, Sec. 1]
- The criminal action is commenced when the complaint or information is filed
in court.
EFFECT OF THE INSTITUTION OF CRIMINAL ACTION ON THE PRESCRIPTIVE
PERIOD
GENERAL RULE
-the institution of a criminal action shall interrupt the running of the period of
prescription of the offense charged unless otherwise provided in special laws.
[Rule 110, Sec 1]
-prescription is interrupted with the filing of the case even if the court is
without jurisdiction. [Francisco vs. CA, 122 SCRA 538]
EXCEPTION
The Court held that the interruption of the prescriptive period upon the
institution of the complaint under Sec. 1 of Rule 110 does not apply to cases
for violation of special acts and municipal ordinances. This is governed by
Act No. 3326 and is interrupted only by the institution of judicial proceedings
for its investigation and punishment. [Zaldivia v. Reyes, 211 SCRA 277]
2. Who may file them, crimes that cannot be prosecuted de officio
GENERAL RULE
*All criminal actions either commenced by complaint or by information shall
be prosecuted under the direction and control of a public prosecutor. [ Rule
110, Sec. 5]
*The prosecutor is a quasi-judicial officer and a representative of sovereignty
whose obligation to govern impartiality is as compelling as its obligation to
govern at all.
EXCEPTION
*In case of heavy work schedule of the public prosecutor or in the event of
lack of public prosecutors, the private prosecutor may be authorized in
writing by the Chief of the Prosecution office or the Regional State
Prosecution to prosecute the case subject to the courts approval. The
authority will continue up to the end of the trial even in the absence of a
public prosecutor until revoked or withdrawn.
*The private prosecutor is the attorney representing the offended where the
civil action for recovery of civil liability is instituted with the criminal case.
Cases that cannot be prosecuted de officio
Those which cannot be prosecuted except upon complaint filed by the
aggrieved/offended party are the following:
a. Adultery/concubinage
b. seduction, abduction, acts of lasciviousness
While the Secretary of Justice has the authority to review the acts of his
subordinates in criminal cases, the court has always has the discretion to try
a motion to dismiss which the prosecution may file after the Secretary of
Justice reverses and appealed decision. [Roberts Jr. v. CA, GR 113930]
The trial court is not bound to adopt the resolution of the Secretary of Justice
since it is mandated to independently evaluate or assess the merits of the
case and it may either agree or disagree with the recommendation of the
Secretary of Justice.
EFFECTS OF THE LACK OF INTERVENTION BY THE FISCAL IN THE TRIAL
*although the private prosecutor had previously 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 be said that the
prosecution of the case was under the control of the City Fiscal. It follows
that the evidence presented by the private prosecutor at said hearing could
not be considered as evidence for the plaintiff. [People v. Beriales, 70 SCRA
361]
5. Sufficiency of Complaint or Information
COMPLAINT
Definition: a sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer or other public officer
charged with the enforcement of the law violated. [Rule 10, Sec 3]
Persons authorized to file the complaint:
- any offended party
- any peace officer
- other public officer charged with the enforcement of the law violated
*Complaint refers to private crimes.
*Criminal cases under the Revised Rules on Summary Procedure shall be
either by the complaint or by information, provided that in MM and chartered
cities the criminal action may only be commenced by the filing of
information, except when the offense cannot be prosecuted de officio.
*Complaint must be under oath. But lack of oath is not a formal defect and
will not invalidate a judgment.
INFORMATION
Definition: an accusation in writing, charging a person with an offense,
subscribed by the prosecutor and filed with the court. [Rule 110, Sec. 4]
*It is filed by the prosecutor and need not be under oath. But it must be
signed and subscribed by the fiscal/prosecutor.
*What the prosecutor signs under oath is the certification that he has
conducted the required preliminary investigation. Lack of certification does
not invalidate judgment. [People v. Bullaong]
* information is valid when signed by prosecutor who has authority to
conduct PI of the offense committed within his jurisdiction.
* information refers to public crimes.
* the complaint referred to in Rule 110 contemplates one filed in court, not
with the fiscal. In that case, the proceeding must be started by the aggrieved
party himself.
* as a general rule, a criminal action is commenced by complaint or
information, both of which are filed in court. In case of a complaint, it must
be filed by the offended party; with respect to an information, it is the fiscal
who files it.
* but a complaint filed with the fiscal prior to a judicial action may be filed by
any competent person. [Ebario v. Sucaldito, 1987]
FORM AND SUBSTANCE
Sufficiency of complaint or information is sufficient if it states the name of the
accused; the designation of the offense given by the statute; the acts or
omissions complained of as constituting the offense; the name of the
offended party; the approximate cause of the commission of the offense; and
the place where the offense was committed. [Rule 110, Sec6]
Name of the accused
*must include the name and surname of the accused, as well as any
application or nickname by which he has been or is known.
* if name cannot be ascertained, he must be described under a fictitious
name with a statement that his true name is unknown. His true name will be
inserted if eventually disclosed or appears in some manner to the court. [Rule
110, Sec 7]
* if there are more than 1 accused, name all of them. [Rule 110, Sec6]
Place of commission of offense
GENERAL RULE: it is sufficient if it can be understood that the offense, or
some of its essential ingredients, was committed within the jurisdiction of the
court.
EXCEPTION: if the particular place where it was committed:
*constitutes an essential element of the offenses charged
* is necessary for its identification.
Time of commission of the offense
GENERAL RULE: the precise date if not necessary.
EXCEPTION: when the date is a material ingredient of the offense.
The determinative factor in the resolution of the question involving a variance
between the allegation and proof in respect of the date of the crime is the
element of surprise on the part of the accused and his inability to defend
himself properly.
- need not be exact
As long as the alleged date is not so remote or far removed from the
actual date so as to surprise and prejudice the accused, then the information
is valid.
-when date is so remote; defective
The allegation in the information of on or about the year 1992 is
defective as it violates Rule 110, Sec 11 and the nature and cause of the
accusation against him, because the phrase not only includes 12 months of
the year 1992 but also years prior and subsequent to 1992.
- remedy in case of defect in averment of time
The remedy against an indictment that fails to allege the time of
commission of the offense with sufficient definiteness is a motion for a bill of
particulars under Rule 116, Sec. 6.
The accused may also file a MTQ on the ground that the allegations are
so vague and the time of commission of the offense so remote that he is
denied due process and the right to be informed of the accusation against
him. But defect in the date is not a ground for MTQ under Rule 116.
Name of the Offended Party Rule 110, Sec 12
*If an offense against person: Name and surname; nickname/appellation;
fictitious name, if real name is unknown.
*If an offense against property:
- if name is unknown, particularly describe the property to identify the
offense
- if the name is later known, insert it
- if a juridical person, name or known name; without need to aver that
it is juridical.
* Where the name of the injured party is necessary as matter of essential
description of the crime charged, the complaint must invest such person with
individuality by either naming him or alleging that his name is unknown.
* It is elementary that in crimes against property, ownership must be alleged
as matter essential to the proper description of the offense.
6. Designation of Offense
* Aver the acts and omissions constituting the offense.
* Specify the qualifying and aggravating circumstances.
*This is a procedural requirements to safeguard the right of the accused to be
informed of the nature and cause of the accusation against him. Information
is legally viable as long as it distinctly states the statutory designation of the
offense and the acts or omissions thereof.
* In case of a conflict between the designation of the crime and the recital of
facts constituting the offense, the latter prevails over the former.
7. Cause of the Accusation
Purpose
* to enable a person of common understanding to know what offense is
intended to be charged
* to enable the court to pronounce proper judgment
Allegations required to safeguard right to be informed
* allegations must be in ordinary or concise language, sufficient to enable a
person of common understanding to know what offense is being charged.
* this must be done both for the offense charged and the circumstances
involved in its commission.
* the prosecutors characterization of the crime is immaterial and
purposeless. The facts stated in the body of the complaint/information
determine the crime of which the accused stands charged and for which he
must be tried.
Qualifying and aggravating circumstances must be allged
a. Where law prescribes exceptions
General rule: Where the law alleged to have been violated prohibits generally
acts therein defined and is intended to apply to all persons indiscriminately,
but prescribes certain indictment/information is sufficient if it alleges facts
which the offender did as constituting a violation of law, without explicitly
negating the exception, as the exception is a matter of defense which the
accused has to prove.
Exception: Where the statute alleged to have been violated applies only to
specific classes of persons and special conditions and the exemptions from its
violation are so incorporated in the language defining the crime that the
ingredients of the offense cannot be accurately and clearly set forth if the
exemption is omitted, then the indictment must show that the accused does
not fall within the exemptions.
b. where exceptions form as ingredients of offense
If the offense is needed for defining the offense then the information should
negate the exception.
c. where complex crime is charged
Where what is alleged in the information is a complex crime and the evidence
fails to support the charge as to one of the component offenses, the
defendant can only convicted of the offense proven.
8. Duplicity of the Offense; Exception
General Rule: The information must charge only one offense.
Exception: When the law prescribes a single punishment for various offenses.
Purpose: to give the accused the necessary knowledge of the charge to
enable him to prepare his defense. Hence, when an information charges
more than one offense, the accused may file a MTQ on the ground of duplicity
of offenses.
Waiver:
When the accuse fails, before arraignment, to move for the quashal of
the information which charges 2 more offenses, he thereby waives the
objection and may be found of as many offenses as those charged and
proved during the trial.
Several modes of committing offense not duplicitous
EXCEPTIONS TO THE RULE ON DUPLICITY
1) Continuous crimes
2) Complex crimes
3) Special complex crimes
4) Crimes susceptible of being committed in various modes
5) Crimes which another offense is an ingredient
placing the accused in double jeopardy, there being no identity of the offense
charged in the first information and in the second one.
Section 14 applied only to original case and not to appealed case.
Gaboinza v. CA (2001) when amendments to information may be allowed;
a. it does not deprive the accused of the right to invoke prescription
b. it does not affect or alter the nature of the offense originally charged
c. it does not involve a change in the basic theory of the prosecution so as to
require the accused to undergo any material charge or modification in his
defense
d. it does not expose the accused to a charge which would call for a higher
penalty
e. it does not cause surprise or deprive the accused of an opportunity to
meet the new averment.
In this case, the questioned amendment is one of form only. The allegation of
time when an offense is committed is a matter of form, unless is a material
ingredient of the offense
10. Venue of criminal actions
PLACE WHERE ACTION IS TO BE INSTITUTED
Venue in criminal case is jurisdictional, being an essential element of
jurisdiction.
GENERAL RULE: Penal laws are territorial; hence Philippine courts have no
jurisdiction over crimes committed outside the Philippines.
in the court of the province or city where he held office at the time of the
commission of the offense. [Art 360, RPC]
Offense committed on railroad
- action to be instituted and filed in the court of any municipality of
territory where said train, aircraft or vehicle passed thru, including place of
departure or arrival. [Sec 15b, Rule 110]
Offense committed on a vessel
Action may be instituted and tried in the court of the first port of entry or any
municipality or territory where the vessel passed during such voyage, subject
to generally accepted principles of international law. [Sec 15c, Rule 110]
Offense committed outside the Philippines
Cognizable by the court where the criminal action is first filed. [Sec 15d, Rule
110]
11. Intervention of offended party
1. Where the offended party withdrew a reservation to file a separate civil
action, the private prosecution of the criminal case, by conducting the
examination of witnesses under the control of the prosecutor.
Where the offended party has filed a separate civil action arising
from the crime, he may not withdraw such civil case in order to
intervene in the criminal prosecution. He loses the right to intervene.
He no longer has any standing in the criminal case, except to be a
prosecution witness.
2. Where a criminal action has been provisionally dismissed upon motion of
the prosecutor, can the case be revived upon motion of the offended
party? No, because the offended party or complaining witness cannot act
for the prosecutor.
C. Prosecution of Civil Action
1. Rule on implied institution of civil action with
criminal action
Institution of criminal and civil actions
General Rule: the institution or filing of the criminal action includes the
institution therein of the civil action for recovery of civil liability arising from
the offense charged.
EXCEPTIONS WHERE INSTITUTION OF CRIMINAL LIABILITY DOES NOT
INCLUDE CIVIL LIABILITY
the offended party waives the civil action;
he reserves his right to institute the civil action separately; or
he institutes the civil action prior to the criminal action.
The employer may not be held civilly liable for quasi-delict in the criminal
action as ruled in Maniago v. Court of Appeals since quasi-delict is not
deemed instituted with the criminal. If at all, the only civil liability under the
Revised Penal Code.
TWO INSTANCES WHERE NO RESERVATION SHALL BE ALLOWED
a criminal action for violation of BP 22
unless a separate civil action has been filed before the institution of
the criminal action, no such civil action has been filed as the same has
been included therein.
A claim arising from an offense which is cognizable by the
Sandiganbayan.
A civil action filed prior to the criminal action has to be transferred to
the subsequently filed criminal action for joint hearing (Sec. 4 of
PD1606 as amended by RA 8249)
When the reservation of the right to institute the separate civil actions shall
be made before the prosecution starts to present its evidence and under
circumstances affording the offended party a reasonable opportunity to make
such a reservation.
The rule requiring to file a separate civil action does not apply to civil actions
which can be filed and prosecuted independently of the criminal action,
namely, those provided in Arts. 32, 33, 34and 2176 of the Civil Code.
Although the criminal and civil actions may be joined in the criminal case,
they are distinct from each other. The plaintiffs in the two actions are
different.
Thus: e0ven if the accused started serving the sentence within the 15day period from the promulgation of the judgment of conviction by the
lower court, thereby making the judgment against him, final, the
complainant may, within the 15-day reglementary period, still ask that
the civil liability be fixed by the court, If the judgment does not
adjudicate any civil liability, as the judgment regarding civil liability has
not become final and the court still has jurisdiction to adjudicate the
civil liability.
Reasons:
The counterclaim of the accused will unnecessarily complicate and
confuse the criminal proceedings;
The trial court should confine itself to the criminal aspect and the
possible civil liability of the accused arising out of the crime.
2. When civil action may proceed independently
1. Prior reservation is not necessary to file separate civil action under
Arts. 32, 33, 34 and 2176 of the Civil Code. The phrase which has
been reserved that has caused conflicting rulings in the past has now
been deleted.
2. Actions based on quasi-delict may be filed independently of the
criminal action regardless of the result of the criminal action, except
that a plaintiff cannot recover damages twice for the same act or
omission of the defendant.
3. When separate civil action is suspended
Take Note: Article 29 of the Civil Code merely emphasizes that a civil action
for damages is not precluded by the acquittal of an accused for the same
criminal act or omission. It does not state that the remedy can be availed of
only in a separate civil action
4. Effect of the death of accused or convict on civil
Action
1. After arraignment and during the pendency of the criminal action:
General Rule: death extinguishes the civil liability arising from delict
or the offense
EXCEPT: where civil liability is predicted on other sources of
obligations such as law, contract, quasi-contract and quasi-delict.
If such civil action which survive is impliedly instituted in the criminal
action, the legal representative or heir of the deceased shall be
substituted for the deceased. The criminal case is reduced to a civil
action.
However, if the civil action has been reserved and subsequently filed or
such civil action has been instituted, when the accused died, then such
civil action will proceed and substitution of parties shall be ordered by
the court pursuant to Sec. 16 Rule 3 of the Rules of Court.
The civil action impliedly instituted in the criminal action shall be
dismissed without prejudice to the offended partys filing a civil action
against the administrator of the estate against the administrator of the
estate of the deceased.
3. Pending appeal of his conviction:
Extinguishes his criminal liability as well as the civil liability based
solely thereon.
4. Prior to final judgment:
Terminates his criminal liability and only the civil liability directly
arising from and based solely on the offense committed.
5. Prejudicial Question
1. The prejudicial question may be raised during the preliminary
investigation of the offense or in court before the prosecution rests its
case.
If during the trial, evidence is shown that such persons should have
been charged, the fact that they were not included in the information
does not relieve them of criminal liability, and they can be
subsequently prosecuted.
The accused who has been charged with the offense is not allowed to
escape punishment merely because it develops in the course of the
trial that there were other guilty participants in the crime.
It does not vitiate the validity of the information. Neither is the same a
ground for a motion to quash.
- The private person shall inform the person to be arrested of the intention to
arrest him and the cause of the arrest.
EXCEPTIONS: same as those for arrest by an officer.
- The private person must deliver the arrested person to the nearest police
station or jail, and he shall be proceeded in accordance with Rule 112.
- Otherwise, the private person may be held liable for illegal detention.
4. Requisites of a valid warrant of arrest
Issuance
- Essential requisites of a valid warrant of arrest
It must be issued upon probable cause which must be determined
personally by a judge after examination under oath or affirmation of
the complainant and the witnesses he may produce.
The warrant must particularly describe the person to be seized.
5. Determination of Probable Cause for issuance of
warrant of arrest
Probable cause test:
The probable cause test is an objective one, for in order that there be
probable cause, the facts and circumstances must be such as would warrant
a belief by a reasonable prudent man that the accused is guilty of the crime
which has just been committed.
6. Distinguish probable cause of fiscal from that of a
Judge
Rule: The law requires personal determination on the part of a judge. The
judge may rely on the investigating prosecutor provided he also evaluates
the documentary evidence in support thereof. Hence, the fiscals finding of
probable cause is not conclusive upon the judge as to his determination
whether or not there is indeed probable cause.
F. Bail
1. Nature
BAIL defined Bail is the security given for the release of a person I custody
of the law, furnished by him or a bondsman, to guarantee his appearance
before any court as required under the conditions hereinafter specified. Bail
may be given in the form of a corporate surety, property bond, cash deposit
or recognizance.
Purpose of a bail:
To honor the presumption of innocence until his guilt is proven beyond
reasonable doubt.
To enable him to prepare his defense without being subject to
punishment prior to conviction.
Upon assumption of the obligation of bail, the sureties become in law the
jailers of their principal.
ample opportunity to show that the evidence of guilt is strong. While the
proceeding is conducted as a regular trial, it must be limited to the
determination of the bailability of the accused. It should be brief and speedy,
lest the purpose for which it is available is rendered nugatory.
When right to bail not available?
- when evidence of guilt is strong in capital offenses or offenses punishable
by reclusion perpetua or life imprisonment.
EXCEPTION: when accused charged with a capital offense is a minor, he is
entitled to bail regardless of whether the evidence of guilt is strong.
- bail in extradition proceedings
The right to bail is available only in criminal proceedings. It does not apply to
extradition proceedings because extradition courts do not render judgment of
conviction or acquittal. Bail is not a matter of right in extradition cases.
However, bail may be applied for and granted as an exception, only upon
clear and convincing evidence that once granted, the applicant will not be
flight risk or will not pose danger to the community, and that there exists
special humanitarian and compelling circumstances.
- right to bail is not available in the military.
- after judgment of conviction has become final: if he applied for probation
before finality, he may be allowed temporary liberty under his bail.
-after the accused has commenced to serve his sentence.
3. When a matter of discretion
When bail is a matter of discretion:
Before conviction, in offenses punishable by death, reclusion perpetua
or life imprisonment
After conviction by the RTC of a non-capital offense
- it may be filed and acted upon by the RTC despite the filing of
notice of appeal provided that it has not transmitted the original
record to the appellate court.
- If RTC changed nature of the offense from bailable to nonbailable, it can be resolved only be the appellate court.
* in hearing the petition for bail, the prosecution has the burden of showing
that the evidence of guilt is strong. The prosecution must be given ample
opportunity to show that the evidence of guilt is strong.
While the
proceeding is conducted as a regular trial, it must be limited to the
determination of the bailability of the accused. It should be brief and speedy,
lest its purpose be rendered nugatory.
* if bail is granted, provisional liberty continues under the same bail subject
to the consent of the bondsman.
* if bail is denied by the RTC, the accused-appellant may challenge it by filing
a motion in the appellate court after it has acquired jurisdiction over the case.
It shall be treated as an incident in the appeal.
* in deportation proceedings, it is the CIDs discretion.
ARRAIGNMENT is the stage where the issues are joined in criminal action
and without which the proceedings cannot advance further or, if held, will
otherwise be void.
People v. Asoy (2001) It is not enough to merely read the information,
which was written in English and considering that the accused being a mere
probinsyano, to constitute a sufficient compliance with 1 (a) of Rule 116
which requires that the accused be furnished with a copy of the information
and read the same in the language dialect known to him. And, after A
entered a plea of guilty to the capital offense charged, the trial court also
violated 3 o9f Rule 116 by not conducting a searching inquiry into the
voluntariness and full comprehension of the consequences of his plea.
*No trial in absentia can be validly held without first arraigning the accused,
and he cannot be arraigned without his personal appearance in court.
*Presence of offended party required
The presence of the offended party is now required at the arraignment and
also to discuss the matter of accuseds civil liability. In case the offended
party tails to appear despite due notice, the trial court may allow the accused
to plead guilty to a lower offense with solely the conformity of the trial
prosecutor.
Accused under preventive detention
While RA 8493, or the Speedy Trial Act, provides that the accused shall be
arraigned within 30 days from the time a court acquires jurisdiction over his
person, Rule 116 section 1(e) provides for a shorter time within which an
accused who is under preventive detention should be arraigned. When an
accused is detained, his case should be raffled within 3 days from the filing of
the information or complaint against him, and the judge to whom his case is
raffled shall have him arraigned within 10 days from receipt by the judge of
the records of the case. The pre-trial conference shall be held within 10 days
after the agreement.
*The arraignment shall be held within 30 days from the date the court
acquires jurisdiction over the person of the accused, unless a shorter period
is provided by special law or by SC Circular.
*Certain laws and SC Circulars provide for a shorter time within the accused
should be arraigned:
*RA 4908 in criminal cases where the complainant is about to depart from
the Philippines with no definite date of return, the accused should be
arraigned without delay and his trial should commerce within 3 days from the
arraignment and that no postponement of the initial hearing should be
granted except on the ground of illness on the part of the accused or other
grounds beyond the control of the court.
*RA 7610 (Child Abuse Act) the trial shall be commenced within 3 days from
arraignment
*Dangerous Drugs Law
made loses legal significance since the conviction is based on the evidence
proving the commission by the accused of the offense charged.
7. Grounds for suspension of arraignment
TESTS TO DETERMINE INSANITY:
The test of cognition (which is used in this jurisdiction) or the
complete deprivation of intelligence in committing the criminal act
The test of violation or that there be a total deprivation of freedom
of the will.
I. Motion to Quash
1. Grounds [exclusive]
a. facts charged do not constitute an offense
b. court trying the case has no jurisdiction over the offense charged
c. court trying the case has no jurisdiction over the person of the accused
d. officer who filed the information had no authority to do so
e. that it does not conform substantially to the prescribed form
f. more than one offense is charged [ exception: when a single punishment for
various offenses is prescribed by law]
g. criminal action or liability has been extinguished
h. averments which, if true, would constitute a legal excuse or justification
i. 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.
a. Facts charged do not constitute an offense
- in all criminal cases, the accused should be informed of the nature and the
cause of the accusation against him.
- an information which does not charge an offense or does not allege the
essential elements of a crime is void.
- Test: WON the facts alleged, if hypothetically admitted, would meet the
essential elements of the offense, as defined by law.
GENERAL Rule
In the motion to quash, facts other than those alleged may not be considered
by the court.
EXCEPTIONS
a. Facts already admitted by the prosecution
b. Undisputed facts apparent from the records of the PI and not denied or
admitted by the prosecutor
c. undisputed or undeniable facts that destroy the prima facie truth accorded
to allegations of the information.
d. ROC expressly permits the investigation of facts alleged.
b. Court has no jurisdiction over the offense charged
- Law defines the offenses and penalties under the jurisdiction of a court. In
criminal prosecution, place where the offense was committed not only
determines venue, but it is an essential element of jurisdiction.
- The court cannot take jurisdiction over a person charged with an offense
committed outside its territory. If the evidence adduced show that offense
was committed somewhere else, court should dismiss the action for want of
jurisdiction.
- in private crimes, complaint of the offended party is necessary to confer
authority to the court.
- if the case was tried and decided upon the theory that it had jurisdiction,
the parties are not barred from assailing such jurisdiction on appeal.
- the court had jurisdiction over the case since, for as long as he continues to
evade the service for his sentence, he is deemed to continue committing the
crime, and may be arrested without warrant at any place where he may be
found.
c. Court has no jurisdiction over the person of the accused
How jurisdiction acquired
a. by arrest of the accused or his voluntary appearance in court
b. by allowing himself to be arraigned without questioning the legality of his
arrest.
- It is waivable expressly or by implication, unlike jurisdiction over the
territory and the subject matter
- When the accused files a MTQ based on this ground, he must do so only on
this ground. If he raises other grounds, he is deemed to have submitted his
person to the jurisdiction of the court.
- If the accused believes his arrest to be illegal, he should move to the quash
the information on such ground. However, illegality of the arrest is waivable
as it affects only the jurisdiction of the court over the person of the accused.
- When the objection is raised, court should resolve before conducting trial to
avoid unnecessary expenditure of time and money.
d. Officer who filed information had no authority to do so
- authority to file and prosecute criminal cases is vested in:
a. provincial fiscal and their assistants
b. city fiscals and their assistants
c. chief state prosecutor and his deputies
e. Complaint/Information does not conform Substantially to the
prescribed form
The formal and substantial requirements are provided for in Rule 110, Sec 612.
GENERAL RULE
Lack of substantial compliance renders the accusatory pleading nugatory
EXCEPTION
Mere defects in matter of form may be cured by amendment.
- objections not raised are deemed waived, and the accused cannot
seek affirmative relief on such ground nor raise it for the first time on appeal.
f. More than one offense is charged
GENERAL RULE
The complaint or information must charge only one offense.
EXCEPTION
Those cases in which existing laws prescribe a single punishment for various
offenses.
a. complex and compound crimes, except where one offense was
committed to conceal another
b. an offense incidental to the gravamen of the offense charged.
c. a specific crime set forth in various counts, each of which may
constitute a distinct offense. The narration of the specific of the specific acts
is considered a bill of particular of facts upon which the inference of guilt of
the accused may be based.
g. Criminal action or liability has been extinguished
How criminal liability is extinguished
a. death of the accused - liability for pecuniary penalties is extinguished only
if death occurs before final judgment
b. service of sentence
Execution must be by virtue of a final judgment and in the form prescribe by
law.
c. amnesty
d. absolute pardon
e. prescription of the crime
f. prescription of the penalty
g. pardon in private offenses
h. contains averments which, if true, would constitute a legal excuse
or justification
2. Distinguish from demurrer to evidence
Motion to quash
Demurrer to evidence
Filed before entering plea
Filed after the prosecution has rested
its case
Does not go into the merits of the Based upon the inadequacy of the
case
evidence adduced by the prosecution
3. Effects of sustaining the motion to quash
GENERAL RULE
Court may order that another complaint or information be filed.
EXCEPTION
If MTQ was based on the following:
1. criminal action or liability has been extinguished
2. double jeopardy
GENERAL RULE
If in custody, the accused shall not be discharged unless admitted to bail.
The order must
state either release of the accused or cancellation of his bond.
EXCEPTION
When there is no order sustaining the motion is made or if there is one, no
new information is filed within the time specified in the order or within such
further time as the court may allow for good cause.
EXCEPTION TO THE EXCEPTION
If he is also in custody for another charge.
Remedies of the prosecution
GENERAL RULE
To amend the information to correct the defects if the TC makes the order,
and thereafter prosecute on the basis of the amended information.
EXCEPTION
Prosecution is precluded where the ground for the quashal would bar another
prosecution for the same offense.
-Prosecution may appeal from the order of quashal to the appellate court
- if the information was quashed because it did not allege the elements of the
offense, but the facts so alleged constitute another offense under a specific
statute, the prosecution may file a complaint for such specific offense where
dismissal is made prior to arraignment and on MTQ.
Order denying MTQ
Interlocutory
Not appealable absent a showing of
GAD
Does not dispose of the case upon its
merits
Proper remedy: appeal after the trial
4. Exception to the rule that sustaining the motion is not a bar to another
prosecution
If the ground for the quashal is either:
1. the criminal action or liability has been extinguished
2. the accused has been previously convicted, or in jeopardy or being
convicted, or acquitted of the offense charged.
5. Double Jeopardy
Rule of double jeopardy
When a person is charged with an offense and the case is terminated either
by acquittal or conviction or in any other manner without the express consent
of the accused, the latter cannot again be charged with the same identical
offense.
Acquittal
Always
based
on
the
merits.
Defendant is acquitted because his
guilt
wasnt
proven
beyond
reasonable doubt.
Double jeopardy always attaches
- unavailable means that his whereabouts are known but presence for trial
cannot be obtained by due diligence.
3. Trial in Absentia
Requisites
1. accused has been arraigned
2. he was duly notified of trial
3. his failure to appear is unjustified
Purpose: to speed up disposition of cases
GENERAL RULE
Right to be present at ones trial may be waived.
EXCEPTIONS
At certain stages:
a. arraignment and plea
b. promulgation of sentence, unless for light offense
c. during trial whenever necessary for identification purposes
EXCEPTION TO THE EXCEPTION
If the accused unqualifiedly admits in open court after arraignment that he is
the person named as the defendant in the case on trial.
4. Remedy when accused is not brought to trial within the prescribed period
Effect of delay
- on motion of the accused, information may be dismissed on the ground of
denial of his right to speedy trial.
- must be raised prior to trial otherwise considered a waiver of the right to
dismiss under this section.
- subject to the rules on double jeopardy. Hence, if with prejudice, the case
cannot be revived anymore.
- burden of proof:
a. the accused has the burden of proving the ground of denial of right to
speedy trial for the motion.
b. the prosecution has the burden of going forward with the evidence to
establish the exclusion of time under Rule 119, Sec. 3.
Dismissal without prejudice
Allows new suit for the same cause of
action
Imports contemplation of further
proceedings, and when they appear
in an order or decree, it shows that
the judicial act is not intended to be
res judicata on the merits.
Terminates
the
case
reserving,
however, to the plaintiff the right to
file a new complaint which, if filed, is
Contents of Judgment
legal qualification of the offense
participation
penalty
civil liability, if any
Conviction
The judgment of conviction shall state:
non-bailable to bailable, the application for bail can only be filed and resolved
by the appellate court.
The proper clerk of court shall give notice to the accused personally or
through his bondsman or warden and counsel, requiring him to be present at
the promulgation of the decision. If the accused was tried in absentia
because he jumped bail or escaped from prison, the notice to him shall be
served at his last known address.
2. In case the accused fails to appear at the scheduled date of promulgation
of judgment despite notice, the promulgation shall be made by recording the
judgment in the criminal docket and serving him a copy thereof at his last
known address or thru his counsel.
If the judgment is for conviction and the failure of the accused to appear was
without justifiable cause, he shall lose the remedies available in these rules
against the judgment and the court shall order his arrest. Within fifteen (15)
days from promulgation of judgment, however, the accused may surrender
and file a motion for leave of court to avail of these remedies. He shall state
the reasons for his absence at the scheduled promulgation and if he proves
that his absence was for a justifiable cause, he shall be allowed to avail of
said remedies within fifteen (15) days from notice (Sec. 6).
4. When does judgment become final (four instances)
Except where the death penalty is imposed, a judgment becomes final:
a. After the lapse of the period for perfecting an appeal;
b. When the sentence has been partially or totally satisfied or served;
c. When the accused has waived in writing his right to appeal; or
d. Has applied for probation (Sec. 7).
*Before the judgment becomes final, TC has plenary power to make, either on
motion or motu proprio, such amendment or alterations as it may deem best,
within the frame of law, to promote the ends of justice.
*After finality, TC is divested of authority to amend/alter the judgment, except
to correct clerical errors.
When judgment of acquittal becomes final
*it is immediately final and executory
*the State may not seek its review without placing the accused in double
jeopardy.
M. New Trial or Reconsideration
1. Grounds for New Trial
a. That errors of law or irregularities prejudicial to the substantial rights of
the accused have been committed during the trial;
GENERAL RULE
Error of the defense counsel in the conduct of the trial is neither an error of
law nor an irregularity.
EXCEPTION
Acquittal would in all probability have followed the introduction of certain
testimony which was not submitted at the trial under improper or injurious
advice of incompetent counsel.
Irregularities must be with such seriousness as to affect prejudicially the
substantial rights of the accused.
b. That new and material evidence has been discovered which the accused
could not with reasonable diligence have discovered and produced at the trial
and which if introduced and admitted would probably change the judgment
(Sec. 2).
2. Grounds for Reconsideration
The court shall grant reconsideration on the ground of errors of law or fact in
the judgment, which requires no further proceedings (Sec. 3).
3. Requisites before a new trial may be granted on ground of newly
discovered evidence
They are the following:
a. The evidence was discovered after trial;
b. The evidence could not have been discovered and produced at the trial
even with exercise of reasonable diligence;
c. The evidence is material, not merely cumulative, corroborative or
impeaching;
d. It must go to the merits as it would produce a different result if admitted
(Jose vs. CA, 70 SCRA 257).
4. Effects of granting a new trial or reconsideration
The effects of granting a new trial or reconsideration are the following:
a. When a new trial is granted on the ground of errors of law or irregularities
committed during the trial, all the proceedings and evidence affected thereby
shall be set aside and taken anew. The court may, in the interest of justice,
allow the introduction of additional evidence.
b. When a new trial is granted on the ground of newly-discovered evidence,
the evidence already adduced shall stand and the newly-discovered and such
other evidence as the court may, in the interest of justice, allow to be
introduced shall be taken and considered together with the evidence already
in the record.
c. In all cases, when the court grants new trial or reconsideration, the original
judgment shall be set aside or vacated and a new judgment rendered
accordingly (Sec. 6).
5. Application of Neypes Doctrine in Criminal Cases
1. If the motion is denied, the movants has a fresh period of 15 days from
receipt or notice of the order denying or dismissing the motion for
Warrant of Arrest
Arrest is the taking of a person into
custody in order that he may be
bound to answer for the commission
of an offense (Sec. 1, Rule 113).
2. The place specified in the search warrant, and not the place the police
officers who applied for the search warrant had in mind, controls. For the
police officers cannot amplify nor modify the place stated in the search
warrant (People vs. CA, 291 SCRA 400). The rule is that a description of the
place to be searched is sufficient if the officer with the warrant can, with
reasonable effort, ascertain and identify the place intended to be searched.
Where there are several apartments in the place to be searched, a
description of the specific place can be determined by reference to the
affidavits supporting the warrant that the apartment to be searched is the
one occupied by the accused. The searching party cannot go from one
apartment to the other as the warrant will then become a general warrant
(People vs. Salanguit, 356 SCRA 683).
7. Personal property to be seized
1. Personal property to be seized. A search warrant may be issued for the
search and seizure of personal property:
a. Subject of the offense;
b. Stolen or embezzled and other proceeds, or fruits of the offense; or
c. Used or intended to be used as the means of committing an offense (Sec.
3).
2. It is not necessary that the property to be searched or seized should be
owned by the person against whom the search is issued; it is sufficient that
the property is under his control or possession (People vs. Dichoso, 223 SCRA
174).
8. Exceptions to search warrant requirement
In a case (People vs. Abriol, 367 SCRA 327), the Court added other exceptions
to the prohibition against warrantless search, thus:
a. Consented search;
b. As an incident to a lawful arrest;
c. Searches of vessels and aircrafts for violation of immigration, customs and
drug laws;
d. Searches of moving vehicles;
e. Searches of automobiles at borders or constructive borders;
f. Where the prohibited articles are in plain view;
g. Searches of buildings and premises to enforce fire, sanitary and building
regulations;
h.Stop and frisk operations;
i. Exigent and emergency circumstances (People vs. Valez, 304 SCRA 140).
a. Search incidental to lawful arrest
A person lawfully arrested may be searched for dangerous weapons or
anything which may have been used or constitute proof in the commission of
an offense without a search warrant (Sec. 13, Rule 126). The law requires that
there first be a lawful arrest before a search can be made. The process
cannot be reversed (People vs. Malmstedt, 198 SCRA 40). Thus, in a buy-bust
operation conducted to entrap a drug pusher, the law enforcement agents
may seize the marked money found on the person of the pusher immediately
after the arrest even without arrest and search warrants (People vs. Paco, 170
SCRA 681).
The better and established rule is a strict application of the exception
provided in Sec. 12, Rule 126, and that is to absolutely limit a warrantless
search of a person who is lawfully arrested to his or her person at the time of
and incident to his or her arrest and to dangerous weapons or anything which
may be used as proof of the commission of the offense. Such warrantless
search obviously cannot be made in any other than the place of arrest
(Nolasco vs. Pano, 147 SCRA 500).
b. Consented Search
Rights may be waived, unless the waiver is contrary to law, public order,
morals, or good customs, or prejudicial to a third person with a right
recognized by law (Art. 6, Civil Code). To constitute a valid waiver of a
constitutional right, it must appear: (1) that the right exists, (2) the person
involved had knowledge either actual or constructive, of the existence of
such right, and (3) said person has an actual intention to relinquish the right
(People vs. Salangga, GR 100910, 07/25/94).
As the constitutional guarantee is not dependent upon any affirmative act of
the citizen, the courts do not place the citizen in the position of either
contesting an officers authority by force, or waiving his constitutional rights,
but instead they hold that a peaceful submission and silence of the accused
in a search or seizure is not a consent or an invitation thereto, but is merely a
demonstration of regard to the supremacy of the law (People vs. Barros, 231
SCRA 557).
c. Search of moving vehicle
This is justified on the ground that the mobility of motor vehicles makes it
possible for the vehicles to move out of the locality or jurisdiction in which
the warrant must be sought. This, however, does not give the police officers
unlimited discretion to conduct warrantless searches of automobiles in the
absence of probable cause People vs. Bagista, 214 SCRA 63).
In carrying out warrantless searches of moving vehicles, peace officers are
limited to routine checks, that is, the vehicles are neither really searched nor
their occupants subjected to physical or body searches, the examination of
the vehicles being limited to visual inspection (People vs. Barros, 231 SCRA
557). Warrantless search o moving vehicle is justified on the ground that it is
not practicable to secure a warrant because the vehicle can be quickly moved
out of the locality or jurisdiction in which the warrant must be sought (People
vs. Lo Ho Wong, 193 SCRA 122).
d. Check points; body checks in airport
In Aniag, Jr. vs. COMELEC, 237 SCRA 424, a warrantless search conducted at
police or military checkpoints has been upheld for as long as the vehicle is
neither searched nor its occupants subjected to body search, and the
inspection of the vehicle is merely limited to visual search.
Routine inspections are not regarded as violative of an individuals right
against unreasonable search. The search which is normally permissible is this
instance is limited to the following instances: (1) where the officer merely
draws aside the curtain of a vacant vehicle which is parked on the public fair
grounds; (2) simply looks into a vehicle; (3) flashes a light therein without
opening the cars doors; (4) where the occupants are not subjected to a
physical or body search; (5) where the inspection of the vehicles is limited to
a visual search or visual inspection; and (6) where the routine check is
conducted in a fixed area (Caballes vs. CA, GR 136292, 01/15/02).
e. Plain view situation
The plain view doctrine recognizes that objects inadvertently falling in plain
view of an officer who has the right to be in the position to have that view,
are subject to seizure without warrant (Harris vs. US, 390 US 324). It may not,
however, be used to launch unbridled searches and indiscriminate seizures,
nor to extend a general exploratory search made solely to find evidence of a
defendants guilt. It is usually applied where a police officer is not searching
for evidence against the accused, but nonetheless inadvertently comes
across an incriminating object (Coolidge vs. New Hampshire, 403 US 443). It
is also been suggested that even if an object is observed in plain view, the
seizure of the subject will not be justified where the incriminating nature of
the object is not apparent. Stated differently, it must be immediately
apparent to the police that the items that they observe may be evidence of a
crime, contraband or otherwise subject to seizure (People vs. Musa, 217 SCRA
597).
The elements of plain view seizure are: (a) prior valid intrusion based on
the valid warrantless arrest in which the police are legally present in the
pursuit of their official duties; (b) the evidence was inadvertently discovered
by the police who had the right to be where they are; (c) the evidence must
be immediately apparent; and (d) plain view justified mere seizure of
evidence without further search (People vs. Aruta, 288 SCRA 626).
f. Stop and Frisk situation
This is based on the conduct of the person, who acts suspiciously, and when
searched, such search would yield unlawful items in connection with an
offense, such as unlicensed firearms, and prohibited drugs. Thus, it has been
held that a person who was carrying a bag and acting suspiciously could be
searched by police officers and the unlicensed firearm seized inside the bag is
admissible in evidence, being an incident of a lawful arrest. Similarly, a
person roaming around in a place where drug addicts usually are found,
whose eyes were red and who was wobbling like a drunk, could be legally
searched of his person and the illegal drug seized from him is admissible in
evidence against him (Manalili vs. CA, 280 SCRA 400).
A stop and frisk serves a two-fold interest: (1) the general interest of effective
criminal protection and detection which underlie the recognition that a police
officer may, under appropriate circumstances and in an appropriate manner,
approach a person for purposes of investigating possible criminal behavior
even without probable cause; and (2) the more pressing interest of safety and
self-preservation which permit the police officer to take steps to assure
himself that the person with whom he deals is not armed with a deadly
weapon that could unexpectedly and fatally be used against him (Terry vs.
Ohio, 392 US 1).
g. Enforcement of Custom Laws
For the enforcement of the customs and tariff laws, person deputized by the
Bureau of Customs can affect searches, seizures and arrests even without
warrant of seizure or detention. They could lawfully open and examine any
box, trunk, envelope or other container wherever found when there is
reasonable cause to suspect the presence of dutiable articles introduced into
the Philippines contrary to law. They can likewise stop, search and examine
any vehicle, beast or person reasonably suspected of holding or conveying
such articles (Papa vs. Mago, 22 SCRA 857). The intention behind the grant of
such authority is to prevent smuggling and to secure the collection of the
legal duties, taxes and other charges (Sec. 2202, Tariff and Customs Code).
Under the Tariff and Customs Code, Customs officers are authorized to make
arrest, search and seizure of any vessel, aircraft, cargo, articles, animals or
other movable property when the same is subject to forfeiture or liable for
any fine under the customs and tariff laws, rules and regulations (Sec. 2205)
and may at any time enter, pass through or search any land or inclosure or
any warehouse, store or other building without being a dwelling house 9Sec.
2208). A dwelling house may be entered or searched only upon warrants
issued by judge upon sworn application showing probable cause and
particularly describing the placed to be searched and person or things to be
searched (Sec. 220).
9. Remedies from unlawful search and seizure
1. A motion to quash a search warrant and/or to suppress evidence obtained
thereby may be filed in and acted upon only by the court where the action
has been instituted. If no criminal action has been instituted, the motion may
be filed in and resolved by the court that issued search warrant. However, if
such court failed to resolve the motion and a criminal case is subsequently
filed in another court, the motion shall be resolved by the latter court (Sec.
14).
2. If a search warrant is issued and it is attacked, a motion quash is the
remedy or a motion to suppress the evidence seized pursuant to the search
warrant would be available. Replevin may also be proper if the objects are
legally possessed.
3. Alternative remedies of the accused adversely affected by a search
warrant are the following:
(a) Motion to quash the search warrant with the issuing court; or
(b) Motion suppress evidence with the court trying the criminal case.
The remedies are alternative, not cumulative. If the motion to quash is
denied, a motion to suppress cannot be availed of subsequently.
Evidence
A. General Principles
1. Concept of Evidence
Rule 128, Sec. 1. Evidence defined. - Evidence is the means, sanctioned by these
rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.
Must be sanctioned or allowed by the Rules of Court
Evidence not as an end itself but merely as a means of ascertaining
the truth of a mtter of fact
CRIMINAL CASES
The
concept
of
presumption
of
innocence does not apply and generally
there is no presumption for or against a
party except in certain cases provided
for by law.
Evidence
Factum Probans
Proposition to be established
Conceived of as hypothetical; that
which one party affirms and the
other denies
6. Admissibility of Evidence
a. Requisites for admissibility of evidence
Rule 128, Sec. 4. Relevancy; collateral matters. Evidence must have such
a relation to the fact in issue as to induce belief in its existence or nonexistence. Evidence on collateral matters shall not be allowed, except when it
tends in any reasonable degree to establish the probability or improbability of
the fact in issue.
Direct Evidence
Circumstantial Evidence
The facts from which the inference are derived are proven; and
Rule 131, Sec. 1. Burden of proof. Burden of proof is the duty of a party to
present evidence on the facts in issue necessary to establish his claim or
defense by the amount of evidence required by law.
Burden of Proof
Onus probandi
Obligation imposed upon a party who alleges the existence of facts
necessary for the prosecution of his action or defense to establish
the same by the requisite presentation of evidence
In civil cases , it is on the party who would be defeated if no
evidence is given on either side; in criminal cases, the prosecution
has the burden of proof.
Does not shift; remains on the party upon whom it is imposed
Determined by pleadings filed by party
Effect of a legal presumption on Burden of Proof : The effect is to
create the necessity of presenting evidence to meet the prima
facie case created by the presumption ;and if no proof to the
contrary is offered, the presumption will prevail. The legal
presumption does not shift the burden of proof. The burden of proof
remains where it is , but by the presumption , the one who has the
burden is relieved, for the time being , from producing evidence in
support of his averment, because the presumption stands in place
of evidence.
Burden of evidence
Lies with party asserting affirmative allegations
Shifts during trial, depending on exigencies of the cases
Determined by developments at trial or by provisions of
(presumptions, judicial notice, admissions)
law
(aa) That a man and woman deporting themselves as husband and wife have entered
into a lawful contract of marriage;
(bb) That property acquired by a man and a woman who are capacitated to marry each
other and who live exclusively with each other as husband and wife without the benefit
of marriage or under a void marriage, has been obtained by their joint efforts, work or
industry.
(cc) That in cases of cohabitation by a man and a woman who are not capacitated to
marry each other and who have acquired property through their actual joint
contribution of money, property or industry, such contributions and their corresponding
shares including joint deposits of money and evidences of credit are equal.
(dd) That if the marriage is terminated and the mother contracted another marriage
within three hundred days after such termination of the former marriage, these rides
shall govern in the absence of proof to the contrary:
(1) A child born before one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived during the former
marriage, provided it be born within three hundred days after the termination of the
former marriage;
(2) A child born after one hundred eighty days following the celebration of the
subsequent marriage is considered to have been conceived during such marriage,
even though it be born within the three hundred days after the termination of the
former marriage.
(ee) That a thing once proved to exist continues as long as is usual with things of that
nature;
(ff) That the law has been obeyed;
(gg) That a printed or published book, purporting to be printed or published by public
authority, was so p rinted or published;
(hh) That a printed or published book, purporting to contain reports of cases adjudged
in tribunals of the country where the book is published, contains correct reports of such
cases;
(ii) That a trustee or other person whose duty it was to convey real property to a
particular person has actually conveyed it to him when such presumption is necessary
to perfect the title of such person or his successor in interest;
(jj) That except for purposes of succession, when two persons perish in the same
calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and
there are no particular circumstances from which it can be inferred, the survivorship is
determined from the probabilities resulting from the strength and age of the sexes,
according to the following rules:
1. If both were under the age of fifteen years, the older is deemed to have survived;
2. If both were above the age of sixty, the younger is deemed to have survived;
3. If one is under fifteen and the other above sixty, the former is deemed to have
survived;
4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to
have survived; if the sex be the same, the older;
5. If one be under fifteen or over sixty, and the other between those ages, the latter is
deemed to have survived.
(kk) That if there is a doubt, as between two or more persons who are called to succeed
A apresumption
is disputable
or rebuttable
if it ofmay
be to the
each
other,
s to which of them
died first, whoever
alleges the death
one prior
other, shall
prove the same;
in the absence
ofevidence.
proof, they shall be considered to have
contradicted
or overcome
by other
died at the same time.
9. Liberal Construction of the Rules of Evidence
Like all other provisions under the Rules of Court, the rules of
evidence must be liberally construed (Sec. 6, Rule 1, Rules of
Court).
Procedural rules must be liberally interpreted and applied so as not
to frustrate substantial justice (Quiambao v. CA, 454 SCRA 17).
The Rules on Electronic Evidence shall likewise be construed
liberally (Sec. 2, Rule 2, Rules on Electronic Evidence).
10.Quantum of Evidence (Weight and Sufficiency of Evidence)
a. Proof beyond reasonable doubt
Rule 133, Sec. 2. Proof beyond reasonable doubt. In a criminal case, the
accused is entitled to an acquittal, unless his guilt is shown beyond reasonable
doubt.
Does not mean such degree of proof as, excluding possibility of error,
produces absolute certainty
Moral certainty only is required, or that degree of proof which produces
conviction in an unprejudiced mind
Circumstantial evidence to sustain conviction must:
a.
b.
c.
b. Preponderance of Evidence
Rule 129, Sec. 1. Judicial notice, when mandatory. - A court shall take
judicial notice, without the introduction of evidence, of the existence and
territorial extent of states, their political history, forms of government and
symbols of nationality, the law of nations, the admiralty and maritime courts of
the world and their seals, the political constitution and history of the
Philippines, the official acts of the legislative, executive and judicial
departments of the Philippines, the laws of nature, the measure of time, and
the geographical divisions.
{SLAPTONG}
o States existence; territory, political history, government ,
symbols of nationality
o
Law of nations
Official acts
Laws of nature
Measure of time
Geographical division
b.
Discretionary
Rule 129, Sec. 2. Judicial notice, when discretionary. - A court may take
judicial notice of matters which are of public knowledge, or are capable of
unquestionable demonstration, or ought to be known to judges because of
their judicial functions.
3. Judicial Admissions
Criminal actions,
c. Meaning of original
Rule 130, Sec. 5. When original document is unavailable. When the original
d. Requisites for introduction of secondary evidence
document has been lost or destroyed, or cannot be produced in court, the offeror,
upon
proof of its execution
or existence
and the cause of its unavailability without
Exceptions
to Best Evidence
Rule:
bad faith on his part, may prove its contents by a copy, or by a recital of its contents
in
some authentic document, or by the testimony of witnesses in the order stated.
(4a)
Sec. 6.
When original document is in adverse party's custody or control. If
the document is in the custody or under the control of the adverse party, he must
have reasonable notice to produce it. If after such notice and after satisfactory proof
of its existence, he fails to produce the document, secondary evidence may be
presented as in the case of its loss. (5a)
Sec. 7.
Evidence admissible when original document is a public record.
When the original of a document is in the custody of a public officer or is recorded
in a public office, its contents may be proved by a certified copy issued by the
public officer in custody thereof. (2a)
If original is unavailable:
Order of proof (but can be charged at courts discretion):
a. Existence
b. Execution: Established by
i.
Person who executed it;
ii.
The person before whom its execution was acknowledged
iii.
Any person who was present and saw it executed, and recognized
the signature;
iv.
Any person to whom the parties to the instrument had previously
confessed the execution thereof
c. Loss or Destruction
If there are several original copies, all copies must be accounted for
before secondary evidence may be received.
d. Contents
Original
or
Original
in
a. A copy
b. A recital of its contents in an authentic document
c. Testimony of witness
What must be proven if original in possession of adverse party
a. Opponents possession of original
b. Reasonable notice to opponent to produce the original
c. Satisfactory proof of its existence
d. Failure or refusal of opponent to produce original in court
By opponents failure to produce the document on demand, he is
now forbidden to produce the document in order to contradict the
other partys copy/evidence of its evidence
When the Original Consists of Numerous Accounts
a. If the original consists of numerous accounts or other documents;
b. They cannot be examined in court without great loss of time; and
c. The fact sought to be established from them is only the general result
of the whole.
To establish a right;
To extinguish an obligation; or
shown/presented/displayed
to
the
court
and
shall
be
identified/explained/authenticated by the person who made the
recording or by some other person competent to testify on the
accuracy thereof. [Rule 11, Sec. 1, REE]
The same rule covers a recording of the telephone conversation or
ephemeral electronic communication.
If ephemeral, audio, photographic and video evidence are
recorded/embodied in an electronic document, then the provisions
authentication e-documents apply. [Rule 11, Sec. 2, REE]
5. Parol Evidence
a. Application of the parol evidence rule
Rule 130, Sec. 9. Evidence of written agreements. When the terms of an agreement have
been reduced to writing, it is 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.
However, 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:
(a)
An intrinsic ambiguity, mistake or imperfection in the written agreement;
(b)
The failure of the written agreement to express the true intent and agreement of the
parties thereto;
(c)
The validity of the written agreement; or
General
Rule:
(d) The
existence
of other terms agreed to by the parties or their successors in interest
after the execution of the written agreement.
When the terms of an agreement have been reduced into writing, it is
The terms
"agreement" includes wills.
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 contents of the written agreement
With reference to contracts, parol evidence means extraneous
evidence or evidence aliunde.
The parol evidence rule becomes operative when the issues in the
litigation are the terms of a written agreement.
Application of the rule ONLY to parties and their successors in interest
b. When parol evidence can be introduced
c. Distinctions between the best evidence rule and parol evidence rule
PAROL EVIDENCE RULE
Presupposes
that
the
original
document is available in court
Prohibits the varying of the terms of a
written agreement
Rule 132, Sec. 19. Classes of documents. For the purpose of their presentation in
b. Public
and Private
Documents
evidence,
documents
are either
public or private.
Public documents are:
(a) The written official acts, or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines, or of a
foreign country;
(b) Documents acknowledged before a notary public except last wills and testaments;
and
(c) Public records, kept in the Philippines, of private documents required by law to be
entered therein.
All other writings are private.
Public documents
Genuineness and authenticity presumed
Binding against the parties and 3 rd
persons
Certain transactions are required to be in
a public document (e.g. donation of real
property)
Private documents
Must prove genuineness and
due execution
Binds only parties to the
document
Rule 132, Sec. 20. Proof of private document. Before any private document offered
as authentic is received in evidence, its due execution and authenticity must be
proved either:
(a) By anyone who saw the document executed or written; or
(b) By evidence of the genuineness of the signature or handwriting of the maker.
Anyother
private
document
need onlymust
be identified
as that
which
Due
execution
and authentic
be proved
either
by: it is claimed to be.
Rule 132, Sec. 21. When evidence of authenticity of private document not
necessary. Where a private document is more than thirty years old, is produced
from a custody in which it would naturally be found if genuine, and is unblemished by
Ancient or
documentwhenofitsuspicion,
is more than
30 evidence
years old,
anyalterations
circumstances
no other
of is
its produced
authenticity
need be
given.
from
a custody in which it would naturally be found if genuine, and is
unblemished by any alterations or circumstances of suspicion.
e. How to prove genuineness of a handwriting
Rule 132, Sec. 22. How genuineness of handwriting proved. The handwriting of a
person may be proved by any witness who believes it to be the handwriting of such
person because he has seen the person write, or has seen writing purporting to be his
upon which the witness has acted or been charged, and has thus acquired knowledge
of the handwriting of such person. Evidence respecting the handwriting may also be
given
a comparison,
made
by the
witness ortothe
court,the
withhandwriting
writings admitted
by
Does
not require
expert
testimony
prove
of a or
treatedperson
as genuine by the party against whom the evidence is offered, or proved to be
genuine to the satisfaction of the judge.
May be proven by any witness who believes it to be the handwriting
of a person because
Rule 130, Sec. 23. Public documents as evidence. Documents consisting of entries in
public records made in the performance of a duty by a public officer are prima facie
evidence of the facts therein stated. All other public documents are evidence, even
against
a thirda person,
of the fact does
whichnot
gave
rise tothe
their
execution andimposed
of the date of
While
public document
require
authentication
the latter.
upon a private document, there is a necessity for showing to the
court that indeed a record of the official acts of official bodies,
tribunals or of public officers exists.
Rule 132, Sec. 24. Proof of official record. The record of public documents referred to
in paragraph (a) of Section 19 (official acts), when admissible for any purpose, may be
evidenced by an official publication thereof or by a copy attested by the officer having
the legal custody of the record, or by his deputy, and accompanied, if the record is not
kept in the Philippines, with a certificate that such officer has the custody. If the office in
which the record is kept is in a foreign country, the certificate may be made by a
The of
record
of a public
document
may general,
be evidenced
secretary
the embassy
or legation,
consul
consul,by:
vice consul, or consular
agent or by any officer in the foreign service of the Philippines stationed in the foreign
An official
publication
thereof;
or
country in which
the record
is kept, and
authenticated
by the seal of his office.
e. consular agent or
f. any officer in the foreign service of the
Philippines stationed in the foreign country in
which the record is kept
2. authenticated by the seal of his office.
g. Attestation of a copy
must state, in substance, that the copy is a correct copy of the
original, or a specific part thereof, as the case may be. The
attestation must be under the official seal of the attesting officer, if
there be any, or if he be the clerk of a court having a seal, under the
seal of such court. (Sec. 25, Rule 132, Rules of Court)
h. Public record of a public document
Rule 132, Sec. 26. Irremovability of public record. Any public record, an official copy of
which is admissible in evidence, must not be removed from the office in which it is kept,
except
ofof
a court
where the inspection of the record is essential to the just
i. upon
Proof order
of lack
record
determination
of
a
pending
case.
Rule 132, Sec. 28. Proof of lack of record. A written statement signed by an officer
having the custody of an official record or by his deputy that after diligent search no
record or entry of a specified tenor is found to exist in the records of his office,
accompanied
a certificate
as above
provided,
is admissible
as evidence that the
writtenbystatement
must
contain
the following
matters:
records of his office contain no such record or entry.
Rule 132, Sec. 29. How judicial record impeached. Any judicial record may be
impeached by evidence of: (a) want of jurisdiction in the court or judicial officer, (b)
collusion
between
the parties,
or (c)
in the
party offering
the record,
in respect
Judicial
recordrefers to
thefraud
record
of judicial
proceedings;
does
not
to the proceedings.
only include official entries or files of the official acts of a judicial
officer, but also the judgment of the court.
Any judicial record may be impeached by evidence of
Rule 130, Sec. 30. Proof of notarial documents. Every instrument duly acknowledged
or proved and certified as provided by law, may be presented in evidence without
further proof, the certificate of acknowledgment being prima facie evidence of the
A document acknowledged before a notary public is a public
execution
of the instrument or document involved.
document that enjoys the presumption of regularity.
A prima facie evidence of the truth of the facts stated therein and a
conclusive presumption of its existence and due execution.
The notarial seal converts the document from private to public, after
which it may be presented as evidence without need for proof of its
genuineness and due execution.
l. How to explain alterations in a document
Rule 132, Sec. 31. Alterations in document, how to explain. The party producing a
document
as genuine which has been altered and appears to have been altered after
must account for the alteration, either as
its execution,
in a part material to the question in dispute, must account for the
i. made by another, without his concurrence, or
alteration. ii.
He made
may show
alteration
was
madeaffected
by another,
without
his
with that
the the
consent
of the
parties
by it,
or
concurrence,
or
was
made
with
the
consent
of
the
parties
affected
by
it,
or
was
iii. otherwise properly or innocently made, or
otherwise iv.
properly
or innocently
or thatthe
the meaning
alteration or
didlanguage
not change
the alteration
did made,
not change
ofthe
the
meaning or language
of the instrument. If he fails to do that the document shall not be
instrument
admissible
evidence.
If heinfails
to do that the document shall not be admissible in evidence
m. Documentary evidence in an unofficial language
Rule 130, Sec. 20. Witnesses; their qualifications. Except as provided in the next
succeeding section, all persons who can perceive, and perceiving, can make known
their perception to others, may be witnesses.
Theorbasic
qualifications
of ainwitness:
Religious
political
belief, interest
the outcome of the case, or conviction of a crime
unless otherwise provided by law, shall not be a ground for disqualification.
3. Disqualification of witnesses
a. Disqualification by reason of mental capacity or immunity
Rule 130, Sec. 21. Disqualification by reason of mental incapacity or immaturity. The
following persons cannot be witnesses:
(a)
Those whose mental condition, at the time of their production for examination,
is such that they are incapable of intelligently making known their perception to others;
(b)
Children whose mental maturity is such as to render them incapable of
perceiving
the facts
respecting from
which becoming
they are examined
and of
relating
them truthfully.
Persons
Disqualified
witnesses
due
to mental
incapacity or immaturity:
Those whose mental condition, at the time of their production
for examination, is such that they are incapable of intelligently
making known their perceptions to others;
Note: A mental retardate is not, for this reason alone, disqualified from
being a witness.
Children whose mental maturity is such as to render them
incapable of perceiving the facts respecting which they are
examined and of relating them truthfully.
But a child, regardless of age, may be considered as a competent
witness, if he is capable of {ORC}:
1. Observation
2. Recollection; and
3. Communication
Rule 130, Sec. 22. Disqualification by reason of marriage. During their marriage,
neither the husband nor the wife may testify for or against the other without the consent
of the affected spouse, except in a civil case by one against the other, or in a criminal
case
a crime
committed by one against the other or the latter's direct descendants or
for
Marital
disqualification
ascendants.
Wife may testify against the husband in a criminal case for
falsification, where the husband made it appear that the wife gave
her consent to the sale of a conjugal house (considered as a crime
committed against the wife)
If husband-accused himself by imputing the crime to the wife, he is
deemed to have waived all objections to the wifes testimony against
him.
c. Disqualification by reason of death or insanity of adverse party
Rule 130, Sec. 23. Disqualification by reason of death or insanity of adverse party.
Parties or assignors of parties to a case, or persons in whose behalf a case is
prosecuted, against an executor or administrator or other representative of a deceased
person, or against a person of unsound mind, upon a claim or demand against the
estate
such deceased
person orofagainst
such person
of unsound mind, cannot
of
Requisites
for application
Dead Mans
Statute:
testify as to any matter of fact occurring before the death of such deceased person or
The
witness
is a
or assignor
of a party to a case, or of a
before such
person
became
of Party
unsound
mind.
person on whose behalf a case is prosecuted;
Rule130, Sec.24. (a) The husband or the wife, during or after the marriage, cannot be
examined without the consent of the other as to any communication received in
confidence by one from the other during the marriage except in a civil case by one
against the other, or in a criminal case for a crime committed by one against the other
or the
directfor
descendants
or ascendants;
latter's
Requisites
Marital Privilege
MARITAL PRIVILEGE
Can be claimed whether or not the
spouse is a party to the action
Right to invoke belongs to the
spouse making the communication
Can be claimed even after the
marriage has been dissolved
Applies
only
to
confidential
communications between spouses
made during the marriage
Rule 130, Section 24. (b) An attorney cannot, without the consent of his client, be
examined as to any communication made by the client to him, or his advice given
thereon in the course of, or with a view to, professional employment, nor can an
attorney's secretary, stenographer, or clerk be examined, without the consent of the
client
his employer,
concerning any fact the knowledge of which has been
and
Attorney-client
privilege
acquired in such capacity;
General Rule: Lawyer may not invoke the privilege and refuse to
divulge the name of his
client
Exceptions:
Rule 130, Sec. 24. c) A person authorized to practice medicine, surgery or obstetrics
cannot in a civil case, without the consent of the patient, be examined as to any advice
or treatment given by him or any information which he may have acquired in attending
suchpatient
in a professional
capacity, which
information
Requisites
for Physician-Patient
Privilege
[CRANB]was necessary to enable him
to act in that capacity, and which would blacken the reputation of the patient;
Rule 130, Sec 24 (e) A public officer cannot be examined during his term of office or
afterwards, as to communications made to him in official confidence, when the court
findsthat
the publicfor
interest
suffer
by the disclosure.
Requisites
Public would
Officers
Privilege
Rule 130, Sec. 25. Parental and filial privilege. No person may be compelled to
against
Two privileges:
testify
his parents, other direct ascendants, children or other direct
descendants.
4. Examination of a witness
a. Rights and obligations of a witness
Rule 132, Sec. 3. Rights and obligations of a witness. A witness must answer questions,
although his answer may tend to establish a claim against him. However, it is the right of a
witness:
(1) To be protected from irrelevant, improper, or insulting questions, and from harsh or
insulting demeanor;
(2) Not to be detained longer than the interests of justice require;
(3) Not to be examined except only as to matters pertinent to the issue;
(4) Not to give an answer which will tend to subject him to a penalty for an offense unless
b.
Order
in theby
examination
of an individual witness
otherwise
provided
law; or
Rule
4. Order
in the examination
of an
The order
in it
which
(5)132,
NotSec.
to give
an answer
which will tend
to individual
degrade witness.
his reputation,
unless
be toan
individual
witness
may
be
examined
is
as
follows:
the very fact at issue or to a fact from which the fact in issue would be presumed. But
(a) Direct
examination
thefact
proponent;
a witness
must
answer tobythe
of his previous final conviction for an offense.
(b) Cross-examination by the opponent;
(c)(i)
Re-direct
by the proponent;
Directexamination
examination
Rule 132, Sec. 6. Cross-examination; its purpose and extent. Upon the termination of
the direct examination, the witness may be cross-examined by the adverse party as to
any matters stated in the direct examination, or connected therewith, with sufficient
fullness
and freedom
to test
his accuracy
truthfulness
Witness
may be
examined
by theand
adverse
party: and freedom from interest or
bias, or the reverse, and to elicit all important facts bearing upon the issue.
Rule 32, Sec. 7. Re-direct examination; its purpose and extent. After the crossexamination of the witness has been concluded, he may be re-examined by the
party calling him, to explain or supplement his answers given during the crossexamination. On re-direct examination, questions on matters not dealt with during
the cross-examination, may be allowed by the court in its discretion.
A misleading
one whichare
assumes
as true a in
factdirect
not yetand
testified
to by the
G.R. question
Leading isquestions
not allowed
re-direct
witness,
or contrary to(only
that which
heand
has re-cross)
previously stated. It is not allowed.
examinations
in cross
Exceptions:
Preliminary matters;
difficulty in getting direct and intelligible answers from a witness
who is
ignorant, or
a child of tender years, or
feeble mind, or
a deaf-mute;
unwilling or hostile witness (cf Rule 132, Sec. 12); or
A witness may be considered as unwilling or hostile only if
so declared by the court upon adequate showing of his
adverse interest, unjustified reluctance to testify, or his
having misled the party into calling him to the witness
stand.
witness is an adverse party or an officer, director, or managing
agent of a public or private corporation or of a partnership or
association which is an adverse party.
Rule 132, Sec. 11. Impeachment of adverse party's witness. A witness may be
impeached by the party against whom he was called, by contradictory evidence, by
evidence that his general reputation for truth, honesty, or integrity is bad, or by
evidence that he has made at other times statements inconsistent with his present
testimony,
but not bywitness
evidence
of particular
wrongful acts, except that it may be shown
Impeaching
of adverse
party:
by the examination of the witness, or the record of the judgment, that he has been
convicted
of an offense.evidence from testimony in same case
Contradictory
Evidence
Evidence
integrity
Evidence
Evidence
Evidence
witness
Rule 132, Sec. 13. How witness impeached by evidence of inconsistent statements.
Before a witness can be impeached by evidence that he has made at other times
statements inconsistent with his present testimony, the statements must be related to
him, with the circumstances of the times and places and the persons present, and he
must
asked
whether hestatements
made such statements,
and ifmade
so, allowed
to explain
be
Prior
inconsistent
are statements
by a witness
onthem.
If the statements
in writing
theycontradict
must be shown
to the witness
question
an earlier be
occasion
which
the statements
he before
makesany
during
is put tothe
him
concerning
them.
trial.
Requires laying the proper foundation: laying the predicate
Elements:
Rule 132, Sec. 14. Evidence of good character of witness. Evidence of the good
character of a witness is not admissible until such character has been impeached.
5. Admissions and confessions
Admission And Confession Distinguished
ADMISSION
Statement of fact which does not
involve an acknowledgement of guilt
or liability.
CONFESSION
Involves acknowledgment of guilt or
liability
Must be express
Can be made only by the party himself,
and in some cases, are admissible
against his co-accused
Rule 130, Sec. 28. Admission by third party. The rights of a party cannot be
prejudiced by an act, declaration, or omission of another, except as hereinafter
provided.
G.R. extra-judicial acts of a person other than a party are
inadmissible against such party
Exceptions:
Partners admissions;
agents admissions;
Co-conspirators statements;
Admission by privies.
Rule 130, Sec. 26. Admissions of a party. The act, declaration or omission of a party
as to a relevant fact may be given in evidence against him.
c. Admission by a third party
Rule 130, Sec. 28. Admission by third party. The rights of a party cannot be
d. Admission
a co-partnet
or agent
prejudiced
by an act, by
declaration,
or omission
of another, except as hereinafter
provided.
Rule 130,Sec. 29. Admission by co-partner or agent. The act or declaration of a
partner or agent of the party within the scope of his authority and during the existence
of the partnership or agency, may be given in evidence against such party after the
partnership
or agency
is shown
by evidence
than suchby
actevidence
or declaration.
Partnership,
agency
or joint
interest other
is established
otherThe
samethan
rule the
applies
to
the
act
or
declaration
of
a
joint
owner,
joint
debtor,
or
other
person
act or declaration
jointly
interested
with the party.
Act
or declaration
is within the scope of the partnership, agency or
joint interest
Act or declaration must have been made during the existence of the
partnership, agency or joint interest
e. Admission by a conspirator
Rule 130, Sec. 30. Admission by conspirator. The act or declaration of a conspirator
relating to the conspiracy and during its existence, may be given in evidence against
the
after only
the conspiracy
is shown
by or
evidence
other than
co-conspirator
Requisites apply
to extrajudicial
acts
statements,
andsuch
not act
to of
declaration.
testimony during trial
Rule 130, Sec. 31. Admission by privies. Where one derives title to property from
another, the act, declaration, or omission of the latter, while holding the title, in
Must
be aproperty,
relationisofevidence
privity between
theformer.
party and the declarant
relation
to the
against the
Admission was made while declarant as predecessor in interest, while
holding title to the property
Admission is in relation to said property
HOWEVER, such evidence is still not admissible to contradict the terms
of the written instrument
g. Admission by silence
Rule 130, Sec. 32. Admission by silence. An act or declaration made in the presence
and within the hearing or observation of a party who does or says nothing when the act
or declaration is such as naturally to call for action or comment if not true, and when
proper
and possible
for him to do
may be
given inAdmissions)
evidence against him.
Requisites
for Admission
byso,
Silence
(Adaptive
The party heard the declaration or observed the act of the other
person
He must have understood the statement or act
He was at liberty to interpose a denial
Statement was with respect to some matter affecting his rights
or in which he was then interested, and calling, naturally, for an
answer
Facts were within his knowledge
Facts admitted or interference to be drawn from his silence is
material to the issue
The party has no right to remain silent
(as held in
Commonwealth v. Dravecz, 424 Pa. 582 or 227 A-2d 904)
Rule 130, Sec. 33. Confession. The declaration of an accused acknowledging his
guilt of the offense charged, or of any offense necessarily included therein, may be
given in evidence against him.
Applicable only in criminal cases
6. Hearsay Rule
a. Meaning of hearsay
Rule 130, Sec. 36. Testimony generally confined to personal knowledge; hearsay
excluded. A witness can testify only to those facts which he knows of his personal
Hearsay
that is from
not based
onperception,
ones personal
knowledge;
thatevidenceis, which one
are derived
his own
exceptperception
as otherwise
but in
based
the knowledge of others to prove the truth of the matter
provided
theseon
rules.
asserted in an out-of-court declaration.
Specific elements:
Rule 130, Sec. 37. Dying declaration. The declaration of a dying person, made
under the consciousness of an impending death, may be received in any case
wherein
his death is the subject of inquiry, as evidence of the cause and surrounding
Requisites:
circumstances of such death.
Rule 130, Sec. 38. Declaration against interest. The declaration made by a person
deceased, or unable to testify, against the interest of the declarant, if the fact
asserted in the declaration was at the time it was made so far contrary to declarant's
own interest, that a reasonable man in his position would not have made the
declaration unless he believed it to be true, may be received in evidence against
himself or his successors in interest and against third persons.
Requisites:
Declaration dead or unable to testify
Mere absence from jurisdiction does not make declarant unable to
testify. Exception contemplates that the declarant is dead, mentally
incompetent or physically incapacitated
Reasonable man in declarants position would not have made
the declaration unless he believed it to be true
Declarations by accused against his interest are inadmissible if done in
violation of his constitutional rights.
(iii) Act or declaration about pedigree
Rule 130, Sec. 39. Act or declaration about pedigree. The act or declaration of a
person deceased, or unable to testify, in respect to the pedigree of another person
related to him by birth or marriage, may be received in evidence where it occurred
before the controversy, and the relationship between the two persons is shown by
evidence
other than such act or declaration. The word "pedigree" includes relationship,
Requisites:
family genealogy, birth, marriage, death, the dates when and the places where these
facts occurred,
and thedead
names
the relatives.
It embraces also facts of family history
Declarant
or of
unable
to testify
intimately connected
pedigree.
Declarantwith
is related
to the person whose pedigree is in question
Rule 130, Sec. 40. Family reputation or tradition regarding pedigree. The reputation or
tradition existing in a family previous to the controversy, in respect to the pedigree of any
one of its members, may be received in evidence if the witness testifying thereon be
also a member of the family, either by consanguinity or affinity. Entries in family bibles or
other family books or charts, engravings on rings, family portraits and the like, may be
Requisites:
received
as evidence of pedigree.
Rule 130, Sec. 41. Common reputation. Common reputation existing previous to the
controversy, respecting facts of public or general interest more than thirty years old, or
respecting marriage or moral character, may be given in evidence. Monuments and
inscriptions
in public places may be received as evidence of common reputation.
Requisites:
Rule 130, Sec. 42. Part of the res gestae. Statements made by a person while a
startling occurrence is taking place or immediately prior or subsequent thereto with
respect to the circumstances thereof, may be given in evidence as part of the res
gestae. So, also, statements accompanying an equivocal act material to the issue,
giving it a legal significance, may be received as part of the res gestae.
2 and
kinds/classes:
a. Spontaneous statements
Requisites:
i.
There is a stating occurrence
ii.
Statement must relate to the circumstances of the occurrence
iii.
Statement is unconscious and unpremeditated
Factors to be considered in determining spontaneity of statement:
i. Time that elapsed between occurrence and the making of the statement
ii. Place where statement was made
iii. Condition of the declarant when he made the statement
iv. Presence or absence of intervening occurrences between the occurrence
and the
statement
v. Nature and circumstances of the statement itself.
b. Verbal acts:
Requisites:
i. Res gestae or principal act must be equivocal
ii. Act material to issue
Rule 130, Sec. 43. Entries in the course of business. Entries made at, or near the time
of the transactions to which they refer, by a person deceased, or unable to testify, who
was in a position to know the facts therein stated, may be received as prima facie
evidence,
if such person made the entries in his professional capacity or in the
Requisites:
performance of duty and in the ordinary or regular course of business or duty.
Rule 130, Sec. 44. Entries in official records. Entries in official records made in the
performance of his duty by a public officer of the Philippines, or by a person in the
performance
of a duty specially enjoined by law, are prima facie evidence of the facts
Requisites:
therein stated.
Rule 130, Sec. 45. Commercial lists and the like. Evidence of statements of matters of
interest, to persons engaged in an occupation contained in a list, register, periodical, or
other published compilation is admissible as tending to prove the truth of any relevant
matter(x.)
so stated
if that
compilation is published for use by persons engaged in that
Learned
treaties
occupation and is generally used and relied upon by them therein.
Rule 130, Sec. 46. Learned treatises. A published treatise, periodical or pamphlet on a
subject of history, law, science or art is admissible as tending to prove the truth of a
matter stated therein if the court takes judicial notice, or a witness expert in the subject
testifies that the writer of the statement in the treatise, periodical or pamphlet is
recognized
in his profession
or calling asatexpert
in thetrial
subject.
(xi.) Testimony
or deposition
a former
Rule 130, Sec. 47. Testimony or deposition at a former proceeding. The testimony or
deposition of a witness deceased or unable to testify, given in a former case or
proceeding, judicial or administrative, involving the same parties and subject matter,
may be given in evidence against the adverse party who had the opportunity to crossexamine him.
Requisites:
7. Opinion rule
a. Opinion of expert witness
Rule 130, Sec. 49. Opinion of expert witness. The opinion of a witness on a matter
requiring special knowledge, skill, experience or training which he is shown to possess,
may
received
in evidence.
be
Expert
special
knowledge, skill experience or training
i.
ii.
The witness may also testify on his impressions of the emotion, behavior, condition or
i.
Identity of person about whom he has adequate knowledge
appearance
of a person.
ii.
iii.
iv.
v.
8. Character evidence
a. Criminal
Rule 130,
Sec. 51.cases
Character evidence not generally admissible; exceptions.
(a) In Criminal Cases:
(1) The accused may prove his good moral character which is pertinent to the moral trait
involved in the offense charged.
(2) Unless in rebuttal, the prosecution may not prove his bad moral character which is pertinent
it to the moral trait involved in the offense charged.
(3) The good or bad moral character of the offended party may be proved if it tends to
establish in any reasonable degree the probability or improbability of the offense charged.
xxx
Accused May prove his good moral character which is pertinent to the
moral trait involved in the offense charged.
Prosecution May not prove the bad moral character of the accused,
except in rebuttal.
Offended Party His/her good or bad moral character may be proved if
it tends to establish in any reasonable degree then im/probability of
the offense charged.
Victims good/bad moral character is not necessary in a crime of
murder where the killing is committed through treachery or premeditation.
[People v. Soliman (1957)]
b. Civil cases
Rule 130, Sec. 150.
xxx
(b) In Civil Cases:
Evidence of the moral character of a party in a civil case is admissible only when pertinent to
the issue of character involved in the case.
Moral character is admissible only when pertinent to the issue
x x x130, Sec. 51]
ofcharacter involved in the case. [Rule
Evidence of the witness good character is not admissible until such
character has been impeached. [Rule 130, Sec. 14]
It is admissible when it is otherwise relevant, as when it tends to
identify defendant as the perpetrator and tends to show is presence at
the scene of the crime or in the vicinity of the crime at the time
charged, or when it is evidence of a circumstance connected with the
crime. [People vs. Irang (1937)]
9. Rule on Examination of a Child Witness (A.M. No. 004-07-SC)
a. Applicability of the rule
It shall govern the examination of child witnesses who are victims of
crime, accused of a crime, and witnesses to crime. It shall apply in all
criminal proceedings and non-criminal proceedings involving child
witnesses. [Sec. 1]
The ROC provisions on deposition, conditional examination
witnesses and evidence shall be applied suppletorily. [Sec. 32]
b. Meaning of child witness
of
[Sec. 4(a)]
1) Any person who at the time of giving testimony is < 18 years;
2) In child abuse cases, A child includes oneover 18 years but is
found by the court as unable to fully take care of himself or protect
himself
from
abuse/neglect/cruelty/exploitation/discrimination
because of a physical/mental disability or condition.
c. Competency of a child witness
Every child is presumed qualified to be a witness. To rebut the
presumption of competence enjoyed by a child, the burden of proof lies
on the party challenging his competence. [Sec. 6(b)]
When the court finds that substantial doubt exists regarding the ability
of the child to perceive/remember/communicate, distinguish truth from
falsehood, or appreciate the duty to tell the truth in court, a
competency exam shall be conducted.
The age of the child by itself is not a sufficient basis for a
competency examination. [Sec. 6(a)]
The court has the duty of continuously assessing the competence
of the child throughout his testimony. [Sec. 6(f)]
d. Examination of a child witness
EXCLUSION OF THE PUBLIC DURING THE CHILDS EXAMINATION
Rationale:
(1) To protect the right to the childs privacy;
(2) If the court determines on the record that requiring the child
to testify in open court would cause psychological harm to him,
hinder the ascertainment of truth, or result in his inability to
effectively communicate due to embarrassment/fear/timidity.
PROVISIONS FOR EASE OF CHILD IN TESTIFYING
(1) Interpreter for child. [Sec. 9]
(2) Facilitator to pose questions to child. [Sec. 10]
(3) Support persons. [Sec. 11]
A child testifying at a judicial proceeding or making a
deposition shall have the right to be accompanied by 1 or
2 persons of his own choosing to provide him emotional
support.
(4) Waiting area for child witnesses that is separate from waiting
areas used by other persons. [Sec. 12]
(5) Courtroom environment is made a more comfortable
environment for the child. [Sec.13]
(6) Recess during testimony: The child may be allowed
reasonable periods of relief while undergoing direct, cross, re-
The court may order that the testimony of the child should be
taken during a time of day when the child is well-rested. [Sec. 14]
g. Hearsay exception in child abuse cases
[Sec. 28]
Before the hearsay statement may be admitted, its proponent
shall make known to the adverse party the intention to offer such
statement and its particulars to provide him a fair opportunity to
object.
If the child is available, the court shall require the child to be
present at the presentation of the hearsay statement for crossexamination by the adverse party.
If the child is unavailable, the fact of unavailability must be proved
by the proponent and his hearsay testimony shall be admitted only
if corroborated by other admissible evidence.
h. Sexual abuse shield rule (Sec. 30)
General rule: The following evidence are inadmissible in any criminal
proceeding
involving alleged child sexual abuse:
Evidence offered to prove that the alleged victim engaged in
other sexual behavior;
safety or his family. However, the court may require the child to testify
regarding personal identifying information in the interest of justice.
The records of a youthful offender shall be considered as privileged
and may not be disclosed in/directly to anyone for any purpose
whatsoever.
Exception: If he has been charged and the court acquits him, or
dismisses the case or commits him to an institution and subsequently
releases him pursuant to
Chapt. 3, PD 603:
1) To determine if he may have his sentence suspended (under Art.
192,PD 603);
2) To determine if he may be granted probation (under PD 968);
3) To enforce his civil liability, if said liability has been imposed in the
criminal action.
F. Offer and objection
1. Offer of evidence
Rule 132, Sec. 34. Offer of evidence. The court shall consider no evidence which
has not been formally offered. The purpose for which the evidence is offered must be
Purpose: For evidence to be considered by the court.
specified.
In making the offer, the purpose for which the evidence is offered must
be specified, because such evidence may be admissible for several
purposes under the doctrine of multiple admissibility.
The rule may be relaxed, provided the evidence must have duly
identified by testimony duly recorded and they must have been
incorporated in the records of the case. [Vda. De Orate v. CA (1995)]
2. When to make an offer
Rule 132, Sec. 35. When to make offer. As regards the testimony of a witness, the offer must
>jgfjAFGAJSF
be made at the time the witness is called to testify.
Documentary and object evidence shall be offered after the presentation of a party's
Absence
of an offer
a defect
waived
when
a party
fails
to to be
testimonial
evidence.
Such is
offer
shall bewhich
done is
orally
unless
allowed
by the
court
when the ground became reasonably apparent, as when the
done object
in writing.
witness is called to testify without any prior offer. [Catuira v. CA (1994)]
The defect caused by the absence of formal offer of exhibits can be
cured by the identification of the exhibits by testimony duly recorded
and the incorporation of the said exhibits in the records of the case.
[People v.Mate (1981)]
3. Objection
Rule 132, Sec. 36. Objection. Objection to evidence offered orally must be made
immediately after the offer is made.
Objection to a question propounded in the course of the oral examination of a witness
shall be made as soon as the grounds therefor shall become reasonably apparent.
An offer of evidence in writing shall be objected to within three (3) days after notice of
the offer unless a different period is allowed by the court.
4.InRepetition
objection
any case, of
theangrounds
for the objections must be specified.
Rule 132, Sec. 37. When repetition of objection unnecessary. When it becomes
reasonably apparent in the course of the examination of a witness that the questions
being propounded are of the same class as those to which objection has been made,
whether
such objection
wasproprio,
sustained
or overruled,
it shall
necessaryone.
to repeat
A court
may, motu
treat
the objectin
asnot
a be
continuing
the objection,
it
being
sufficient
for
the
adverse
party
to
record
his
continuing
objection
to
[Keller v. Ellerman & Bucknall Steamship]
such class of questions.
5. Ruling
Rule 132, Sec. 38. Ruling. The ruling of the court must be given immediately after the
objection is made, unless the court desires to take a reasonable time to inform itself on the
question presented; but the ruling shall always be made during the trial and at such time as will
give the party against whom it is made an opportunity to meet the situation presented by the
ruling.
reason
Reservation
of a ruling
by the court
on an objection
the
admissibility
The
for sustaining
or overruling
an objection
need nottobe
stated.
However, if the
objection
is based on
two orsubsequently
more grounds,excluding
a ruling sustaining
theamounts
objectionto
onaone or
of evidence,
without
the same,
somedenial
of them
must
specify
the
ground
or
grounds
relied
upon.
of an objection. [People v. Tavera]
6. Striking out of an answer
Rule 132, Sec. 39. Striking out answer. Should a witness answer the question before
the adverse party had the opportunity to voice fully its objection to the same, and such
objection is found to be meritorious, the court shall sustain the objection and order the
answer given to be stricken off the record.
On proper motion, the court may also order the striking out of answers which are
irrelevant,
or otherwise improper.
7.incompetent,
Tender of excluded
evidence
Rule 132, Sec. 40. Tender of excluded evidence. If documents or things offered in
evidence are excluded by the court, the offeror may have the same attached to or
made part of the record. If the evidence excluded is oral, the offeror may state for the
record
the name and
other as
personal
circumstances
of the witness
and the
substance
Documents
marked
exhibits
during the hearing
but which
were
not
of theformally
proposedoffered
testimony.
in evidence cannot be considered as evidence nor
shall they have evidentiary value. [Vda. De Flores v. WCC (1977)]
G. Supreme Court rulings as of January 31, 2012
Rule of Procedure for Small Claims Cases [waiting for updates from LILIAN
DELOS SANTOS]
Rules of Procedure for Environmental Cases [waiting for updates from DEBBIE
SAMONTE]