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UNIVERSITY OF CEBU

COLLEGE OF LAW
REMEDIAL LAW SOCIETY

REMEDIAL LAW REVIEW


BAR NOTES 2012

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:

1) the existence of special or compelling circumstances;


2) merits of the case;
3) cause not entirely attributable to the fault or negligence of the
party favored by the suspension of rules
4) a lack of showing that the review sought is merely frivolous and
dilatory;
5) the other party will not be unjustly prejudiced thereby.
Where substantial and important issues await resolution.
When transcendental matters of life, liberty or state security are involved.
The constitutional power of the Supreme Court to promulgate rules of
practice and procedure necessarily carries with it the power to overturn
judicial precedents on points of remedial law through the amendment of
the Rules of Court.
NATURE OF PHILIPPINE COURTS
Philippine courts are both courts of law and equity. Hence, both legal and
equitable jurisdiction is dispensed with in the same tribunal.
WHAT IS A COURT
a. It is an organ of government belonging to the judicial department the
function of which is the application of the laws to the controversies
brought before it as well as the public administration of justice.
b. It is a governmental body officially assembled under authority of law at
the appropriate time and place for the administration of justice through
which the State enforces its sovereign rights and powers.
c. It is a board or tribunal which decides a litigation or contest.
COURT DISTINGUISHED FROM JUDGE
a) A court is a tribunal officially assembled under authority of law; a judge is
simply an officer of such tribunal;
b) A court is an organ of the government with a personality separate and
distinct from the person or judge who sits on it;
c) A court is a being in imagination comparable to a corporation, whereas a
judge is a physical person;
d) A court may be considered an office; a judge is a public officer; and
e) The circumstances of the court are not affected by the circumstances that
would affect the judge.

CLASSIFICATION OF PHILIPPINE COURTS


Regular courts engaged in the administration of justice are organized into
four (4) levels:

(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.

It also has exclusive appellate jurisdiction over final judgments,


resolutions, or orders of RTCs whether in the exercise of their own
original or appellate jurisdiction over criminal and civil cases
committed by public officers or employees including those in
GOCCs in relation to their office.
(d) Fourth Level (Supreme Court)
COURTS OF ORIGINAL AND APPELLATE JURISDICTION
A court is one with original jurisdiction when actions or proceedings are
originally filed with it. A court is one with appellate jurisdiction when it has
the power of review over the decisions or orders of a lower court.
MeTCs, MCTCs and MTCs are courts of original jurisdiction without appellate
jurisdiction. RTC is likewise a court of original jurisdiction with respect to
cases originally filed with it; and appellate court with respect to cases
decided by MTCs within its territorial jurisdiction. (Sec. 22, BP 129).
CA is primarily a court of appellate jurisdiction with competence to review
judgments of the RTCs and specified quasi-judicial agencies (Sec. 9[3], BP
129). It is also a court of original jurisdiction with respect to cases filed before
it involving issuance of writs of certiorari, mandamus, quo warranto, habeas
corpus, and prohibition. CA is a court of original and exclusive jurisdiction
over actions for annulment of judgments of RTCs (Sec. 9 [1],[2], BP 129).
The SC is fundamentally a court of appellate jurisdiction but it may also be a
court of original jurisdiction over cases affecting ambassadors, public
ministers and consuls, and in cases involving petitions for certiorari,
prohibition and mandamus (Sec. 5[1], Art. VIII, Constitution). The Supreme
Court en banc is not an appellate court to which decisions or resolutions of a
division of the Supreme Court may be appealed.
COURTS OF GENERAL AND SPECIAL JURISDICTION
Courts of general jurisdiction are those with competence to decide on their
own jurisdiction and to take cognizance of all cases, civil and criminal, of a
particular nature.
Courts of special (limited) jurisdiction are those which have only a special
jurisdiction for a particular purpose or are clothed with special powers for the
performance of specified duties beyond which they have no authority of any
kind.
A court may also be considered general if it has the competence to exercise
jurisdiction over cases not falling within the jurisdiction of any court, tribunal,
person or body exercising judicial or quasi-judicial functions. It is in the
context that the RTC is considered a court of general jurisdiction.
CONSTITUTIONAL AND STATUTORY COURTS

A constitutional court is one created by a direct Constitutional provision.


Example of this court is the SC, which owes its creation from the Constitution
itself. Only the SC is a Constitutional court.
A statutory court is one created by law other than the Constitution. All courts
except the SC are statutory courts. SB was not directly created by the
Constitution but by law pursuant to a constitutional mandate.
COURTS OF LAW
A court of law decides a case according to the existing laws.
COURTS OF EQUITY
A court of equity adjudicates a controversy according to the common
precepts of what is right and just without inquiring into the terms of the
statutes.
PRINCIPLE OF JUDICIAL HIERARCHY
This is an ordained sequence of recourse to courts vested with concurrent
jurisdiction, beginning from the lowest, on to the next highest and ultimately
to the highest. This hierarchy is determinative of the venue of appeals, and is
likewise determinative of the proper forum for petitions for extraordinary
writs. This is an established policy necessary to avoid inordinate demands
upon the Courts time and attention which are better devoted to those
matters within its exclusive jurisdiction, and to preclude the further clogging
of the Courts docket (Sec. 9[1], BP 129; Sec. 5[1], Art. VIII, Constitution of
the Philippines).
A higher court will not entertain direct resort to it unless the redress cannot
be obtained in the appropriate courts. The SC is a court of last resort. It
cannot and should not be burdened with the task of deciding cases in the first
instances. Its jurisdiction to issue extraordinary writs should be exercised only
where absolutely necessary or where serious and important reasons exist.
The doctrine of hierarchy of courts may be disregarded if warranted by the
nature and importance of the issues raised in the interest of speedy
justice and to avoid future litigations , or in cases of national interest
and of serious implications. Under the principle of liberal interpretations,
for example, it may take cognizance of a petition for certiorari directly filed
before it.
DOCTRINE
STABILITY

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;

3) when defendant files a petition to set aside the judgment of default;


4) when the parties jointly submit a compromise agreement for approval
of the court;
5) when defendant files an answer to the contempt charge;
6) when defendant files a petition for certiorari without questioning the
courts jurisdiction over his person.
JURISDICTION OVER THE SUBJECT MATTER
It is the power to deal with the general subject involved in the action, and
means not simply jurisdiction of the particular case then occupying the
attention of the court but jurisdiction of the class of cases to which the
particular case belongs. It is the power or authority to hear and determine
cases to which the proceeding is question belongs.
When a complaint is filed in court, the basic questions that ipso facto are to
be immediately resolved by the court on its own:
a) What is the subject matter of their complaint filed before the court?
b) Does the court have jurisdiction over the said subject matter of the
complaint before it? Answering these questions inevitably requires
looking into the applicable laws conferring jurisdiction.
JURISDICTION VERSUS EXERCISE OF JURISDICTION
Jurisdiction is the power or authority of the court. The exercise of this power
or authority is the exercise of jurisdiction.
ERROR OF JURISDICTION VS. ERROR OF JUDGMENT
An ERROR OF JURISDICTION is one where the act complained of was issued
by the court without or in excess of jurisdiction. It occurs when the court
exercises a jurisdiction not conferred upon it by law, or when the court or
tribunal although with jurisdiction, acts in excess of its jurisdiction or with
grave abuse of discretion amounting to lack or jurisdiction.
An ERROR OF JUDGMENT is one which the court may commit in the
exercise of its jurisdiction. As long as the court acts within its jurisdiction, any
alleged errors committed in the exercise of its discretion will amount to
nothing more than mere errors of judgment. Errors of judgment include errors
of procedure or mistakes in the courts findings.
Errors of judgment are correctible by appeal; errors of jurisdiction are
correctible only by the extraordinary writ of certiorari. Any judgment rendered
without jurisdiction is a total nullity and may be struck down at any time,
even on appeal; the only exception is when the party raising the issue is
barred by estoppel.
HOW JURISDICTION IS CONFERRED AND DETERMINED
Jurisdiction is a matter of substantive law because it is conferred by law. This
jurisdiction which is a matter of substantive law should be construed to refer
only to jurisdiction over the subject matter. Jurisdiction over the parties, the
issues and the res are matters of procedure. The test of jurisdiction is

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

or death, it could then render judgment imposing the corresponding


penalty as the circumstances so warrant, refrain from entering judgment
and elevate the entire records of the case to the SC for final disposition.
CIVIL CASES
EXCLUSIVE ORIGINAL JURISDICTION in petitions for certiorari, prohibition
and mandamus against the CA, COMELEC, COA, CTA, Sandiganbayan
CONCURRENT JURISDICTION
1) With Court of Appeals in petitions for certiorari, prohibition and
mandamus against the RTC, CSC, Central Board of Assessment Appeals,
NLRC, Quasi-judicial agencies, and writ of kalikasan, all subject to the
doctrine of hierarchy of courts.
2) With the CA and RTC in petitions for certiorari, prohibition and mandamus
against lower courts and bodies and in petitions for quo warranto, and
writs of habeas corpus, all subject to the doctrine of hierarchy of courts.
3) With CA, RTC and Sandiganbayan for petitions for writs of amparo and
habeas data
4) Concurrent original jurisdiction with the RTC in cases affecting
ambassadors, public ministers and consuls.
APPELLATE JURISDICTION
1) by way of petition for review on certiorari (appeal by certiorari
under Rule 45) against CA, Sandiganbayan, RTC on pure questions
of law and CTA in its decisions rendered en banc.
2) in cases involving the constitutionality or validity of a law or treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance or regulation, legality of
a tax, impost, assessment, toll or penalty, jurisdiction of a lower
court; and
3) all cases in which the jurisdiction of any court is in issue;
4) all cases in which an error or question of law is involved
Exceptions in which factual issues may be resolved by the Supreme Court:
a) When the findings are grounded entirely on speculation, surmises or
conjectures;
b) When the inference made is manifestly mistaken, absurd or impossible;
c) When there is grave abuse of discretion;
d) When the judgment is based on misapprehension of facts;
e) When the findings of facts are conflicting;
f) When in making its findings the CA went beyond the issues of the case,
or its findings are contrary to the admissions of both the appellant and
the appellee;
g) When the findings are contrary to the trial court;
h) When the findings are conclusions without citation of specific evidence
on which they are based;
i) When the facts set forth in the petition as well as in the petitioners
main and reply briefs are not disputed by the respondent;

j) When the findings of fact are premised on the supposed absence of


evidence and contradicted by the evidence on record; and
k) When the Court of Appeals manifestly overlooked certain relevant facts
not disputed by the parties, which, if properly considered, could justify
a different conclusion.
JURISDICTION OF THE COURT OF APPEALS (69 Justices)
CRIMINAL CASES
EXCLUSIVE ORIGINAL JURISDICTION
a) Actions for annulment of judgment of the RTCs
b) Crimes of Terrorism under Human Security Act of 2007
CONCURRENT ORIGINAL JURISDICTION
a) With the SC: petitions for certiorari, prohibition and mandamus against
the RTC
b) With the SC and RTC: petitions for certiorari, prohibition and mandamus
against the MTC
APPELLATE JURISDICTION
Notice of Appeal:
a) From the RTC in the exercise of its original jurisdiction, except those
appealable to the Sandiganbayan
b) From the RTC where penalty imposed is reclusion perpetua or life
imprisonment or where a lesser penalty is imposed but for offenses
committed on the same occasion or which arose out of the same
occurrence that gave rise to the more serious offense for which the
penalty of death, reclusion perpetua or life imprisonment is
imposed (Sec. 3, Rule 122 as amended by AM No. 00-5-03-SC).
Automatic Review (i.e. no notice of appeal is necessary) from the RTC in
cases wherein the death penalty is imposed.
Petition for Review from the RTC in cases appealed thereto from the
lower courts and not appealable to the Sandiganbayan.
CIVIL CASES
EXCLUSIVE ORIGINAL JURISDICTION
in actions for the annulment of the judgments of the RTC.
CONCURRENT ORIGINAL JURISDICTION
1) With SC to issue writs of certiorari, prohibition and mandamus against
the RTC, CSC, CBAA, other quasi-judicial agencies mentioned in Rule
43, and the NLRC (however, this should be filed first with the CA as per
St. Martin Funeral Home case), and writ of kalikasan.

2) With the SC and RTC to issue writs of certiorari, prohibition and


mandamus (CPM) against lower courts and bodies and writs of quo
warranto, habeas corpus, whether or not in aid of its appellate
jurisdiction, and writ of continuing mandamus on environmental cases.
3) With SC, RTC and Sandiganbayan for petitions for writs of amparo and
habeas data where the action involves public data or government
office
EXCLUSIVE APPELLATE JURISDICTION
1) by way of ordinary appeal from the RTC and the Family Courts.
2) by way of petition for review from the RTC rendered by the RTC in the
exercise of its appellate jurisdiction.
3) by way of petition for review from the decisions, resolutions, orders or
awards of the CSC, CBAA and other bodies mentioned in Rule 43 and of
the Office of the Ombudsman in administrative disciplinary cases.
4) over decisions of MTCs in cadastral or land registration cases pursuant
to its delegated jurisdiction; this is because decisions of MTCs in these
cases are appealable in the same manner as decisions of RTCs.

Note: There is no action to annul the decision of the CA.


JURISDICTION OF THE COURT OF TAX APPEALS (UNDER RA 9282 AND
RULE 5, AM 0511 07CTA)
EXCLUSIVE ORIGINAL OR APPELLATE JURISDICTION TO REVIEW BY
APPEAL
1) Decisions of CIR in cases involving disputed assessments, refunds of
internal revenue taxes, fees or other charges, penalties in relation thereto,
or other matters arising under the NIRC or other laws administered by BIR;
2) Inaction by CIR in cases involving disputed assessments, refunds of IR
taxes, fees or other charges, penalties in relation thereto, or other matters
arising under the NIRC or other laws administered by BIR, where the NIRC
or other applicable law provides a specific period of action, in which case
the inaction shall be deemed an implied denial;
3) Decisions, orders or resolutions of the RTCs in local taxes originally
decided or resolved by them in the exercise of their original or appellate
jurisdiction;
4) Decisions of the Commissioner of Customs
a. in cases involving liability for customs duties, fees or other charges,
seizure, detention or release of property affected, fines, forfeitures
or other penalties in relation thereto, or
b. other matters arising under the Customs law or other laws, part of
laws or special laws administered by BOC;
5) Decisions of the Central Board of Assessment Appeals in the exercise of its
appellate jurisdiction over cases involving the assessment and taxation of
real property originally decided by the provincial or city board of
assessment appeals;

6) Decision of the secretary of Finance on customs cases elevated to him


automatically for review from decisions of the Commissioner of Customs
which are adverse to the government under Sec. 2315 of the Tariff and
Customs Code;
7) Decisions of Secretary of Trade and Industry in the case of non-agricultural
product, commodity or article, and the Secretary of Agriculture in the case
of agricultural product, commodity or article, involving dumping duties
and counterveiling duties under Secs. 301 and 302, respectively, of the
Tariff and Customs Code, and safeguard measures under RA 8800, where
either party may appeal the decision to impose or not to impose said
duties.
EXCLUSIVE ORIGINAL JURISDICTION
1) Over all criminal cases arising from violation of the NIRC and the TCC and
other laws, part of laws, or special laws administered by the BIR or the
BOC where the principal amount of taxes and fees, exclusive of charges
and penalties claimed is less than P1M or where there is no specified
amount claimed (the offenses or penalties shall be tried by the regular
courts and the jurisdiction of the CTA shall be appellate);
2) In tax collection cases involving final and executory assessments for
taxes, fees, charges and penalties where the principal amount of taxes
and fees, exclusive of charges and penalties claimed is less than P1M tried
by the proper MTC, MeTC and RTC.
EXCLUSIVE APPELLATE JURISDICTION
1) In criminal offenses
a) over appeals from the judgment, resolutions or orders of the RTC in tax
cases originally decided by them, in their respective territorial
jurisdiction, and
b) over petitions for review of the judgments, resolutions or orders of the
RTC in the exercise of their appellate jurisdiction over tax cases
originally decided by the MeTCs, MTCs, and MCTCs in their respective
jurisdiction.
2) In tax collection cases
a) over appeals from the judgments, resolutions or orders of the RTC in
tax collection cases originally decided by them in their respective
territorial jurisdiction; and
b) over petitions for review of the judgments, resolutions or orders of the
RTC in the exercise of their appellate jurisdiction over tax collection
cases originally decided by the MeTCs, MTCs and MCTCs in their
respective jurisdiction.
JURISDICTION OF THE SANDIGANBAYAN
ORIGINAL JURISDICTION in all cases involving

1)
2)
3)
4)

Violations of RA 3019 (Anti-Graft and Corrupt Practices Act)


Violations of RA 1379 (Anti-Ill-Gotten Wealth Act)
Sequestration cases (E.O. Nos. 1,2,14,14-A)
Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC) where one or more of the
principal accused are occupying the following positions in the government,
whether in permanent, acting or interim capacity at the time of the
commission of the offense:
a) Officials of the executive branch occupying the positions of regional
director and higher, otherwise classified as Grade 27 and higher, of the
Compensation and Position Classification Act of 1989 (RA 6758)
b) Members of Congress and officials thereof classified as G-27 and up
under RA 6758
c) Members of the Judiciary without prejudice to the provisions of the
Constitution
d) Chairmen and Members of the Constitutional Commissions without
prejudice to the provisions of the Constitution
e) All other national and local officials classified as Grade 27 and higher
under RA 6758
f) Other offenses or felonies committed by the public officials and
employees mentioned in Sec. 4(a) of RA 7975 as amended by RA 8249
in relation to their office
g) Civil and criminal cases filed pursuant to and in connection with EO
Nos. 1, 2, 14-A (Sec. 4, RA 8249)

Note: Without the office, the crime cannot be committed.


APPELLATE JURISDICTION - from the RTC in cases under PD 1606, as
amended by PD 1861, whether or not the cases were decided b them in the
exercise of their original or appellate jurisdictions.
CONCURRENT ORIGINAL JURISDICTION WITH SC, CA AND RTC for
petitions for writs of habeas data and amparo

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

JURISDICTION OF THE REGIONAL TRIAL COURTS


CRIMINAL CASES
EXCLUSIVE ORIGINAL JURISDICTION
1) Offenses punishable with imprisonment which exceeds 6 years
imprisonment
2) Offenses not within the exclusive jurisdiction of any court, tribunal or
body, except those falling under the exclusive jurisdiction of the
Sandiganbayan

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)

agreements, and petitions for dissolution of conjugal partnership of


gains
Petitions for support and/or acknowledgment
Summary judicial proceedings brought under the provisions of EO 209
(Family Code)
Petitions for declaration of status of children as abandoned, dependent
or neglected children, petitions for voluntary or involuntary
commitment of children, the suspension, termination or restoration of
parental authority and other cases cognizable under PD 603, EO 56
(1986) and other related laws
Petitions for the constitution of the family home
In areas where there are no Family Courts, the aboveenumerated cases shall be adjudicated by the RTC (RA 8369)

6) To hear and decide intra-corporate controversies Sec. 52, Securities


and Regulations Code):
a) Cases involving devises or schemes employed by or any acts, of the
board of directors, business associates, its officers or partnership,
amounting to fraud and misrepresentation which may be detrimental
to the interest of the public and/or of the stockholders, partners,
members of associations or organizations registered with the SEC
b) Controversies arising out of intra-corporate or partnership relations,
between and among stockholders, members or associates; between
any or all of them and the corporation, partnership or association of
which they are stockholders, members or associates, respectively; and
between such corporation , partnership or association and the state
insofar as it concerns their individual franchise or right to exist as such
entity
c) Controversies in the election or appointments of directors, trustees,
officers or managers of such corporations, partnerships or associations
d) Petitions of corporations, partnerships or associations to be declared in
the state of suspension of payments in cases where the corporation,
partnership of association possesses sufficient property to cover all its
debts but foresees the impossibility of meeting them when they
respectively fall due or in cases where the corporation, partnership of
association has no sufficient assets to cover its liabilities, but is under
the management of a Rehabilitation Receiver or Management
Committee.
CONCURRENT JURISDICTION
1) with the Supreme Court in actions affecting ambassadors, other public
ministers and consuls
2) with the SC and CA in petitions for certiorari, prohibition and
mandamus against lower courts and bodies in petitions for quo
warranto, habeas corpus, and writ of continuing mandamus on
environmental cases
3) with the SC, CA and Sandigabayan in petitions for writs of habeas data
and amparo

4) With Insurance Commissioner claims not exceeding P100,000


APPELLATE JURISDICTION over cases decided by lower courts in their
respective territorial jurisdictions except decisions of lower courts in the
exercise of delegated jurisdiction.
SPECIAL JURISDICTION SC may designate certain branches of RTC to try
exclusively criminal cases, juvenile and domestic relations cases, agrarian
cases, urban land reform cases not falling within the jurisdiction of any quasijudicial body and other special cases in the interest of justice.
JURISDICTION OF METROPOLITAN TRIAL COURTS/MUNICIPAL TRIAL
COURTS
CRIMINAL CASES
EXCLUSIVE ORIGINAL JURISDICTION
1) Cases covered by Summary proceedings
a) Violations of city or municipal ordinances including traffic laws
b) Violation of rental law
c) Violation of traffic laws, rules and regulations
d) Violation of BP 22 (Bouncing Check Law) effective April 15, 2003
e) All other criminal cases where the penalty is imprisonment not
exceeding 6 months and/or P100,000 fine irrespective of other
penalties arising therefrom
2) offenses punishable with imprisonment not exceeding six (6) years
irrespective of the amount of fine, and regardless of other imposable
accessory or other penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of the kind, nature, value or
amount thereof; provided however, that in offenses involving damage to
property through criminal negligence, they shall have exclusive original
jurisdiction thereof (Sec. 2, RA 7691).
3) Offenses involving DAMAGE TO PROPERTY through CRIMINAL NEGLIGENCE
where the imposable fine is not exceeding P10,000
Note: In cases where the only penalty is fine, the amount thereof
shall determine jurisdiction. If the amount does not exceed P4,000,
the MTC has jurisdiction.
4) All offenses (except violations of RA 3019, RA 1379 and Arts. 210 to 212,
RPC) committed by public officers and employees in relation to their
office, including those employed in GOCCs, and by private individuals
charged as co-principals, accomplices or accessories, punishable with
imprisonment of not more than 6 years OR where none of the accused
holds a position of salary Grade 27 and higher.
CIVIL ACTIONS

EXCLUSIVE ORIGINAL JURISDICTION


1) If the amount involved does not exceed P300,000 outside MM or does not
exceed P400,000 in MM in the following cases:
a) Actions involving personal property
b) Probate Proceeding (testate and intestate) based on gross value of
the estate
c) Admiralty and maritime cases
d) Demand for money
Note: Do not include Interest, Damages of whatever kind, Attorneys
fees, Litigation Expenses, and Costs (IDALEC). However, in cases
where the claim or damages is the main cause of action, or one of
the causes of action, the amount of such claim shall be considered
in determining the jurisdiction of the court.
2) Actions involving title to, or possession of, real property, or any interest
therein where the assessed value of the property or interest therein does
not exceed P20,000 outside MM or does not exceed P50,000 in MM
3) Inclusion and exclusion of voters
4) Those governed by the Rules on Summary Procedure
a) Forcible entry and unlawful detainer (FEUD)
With jurisdiction to resolve issue of ownership to determine ONLY
issue of possession (provisional only)
Irrespective of the amount of damages or unpaid rentals sought
to be recover
Where attorneys fees are awarded, the same shall not exceed
P20,000
b) Other civil cases, except probate proceeding, where the total amount
of the plaintiffs claim does not exceed P200,000 in MM, exclusive of
interests and costs.
SPECIAL JURISDICTION over petition for writ of habeas corpus OR
application for bail in criminal cases in the absence of all RTC judges in the
province or city
DELEGATED JURISDICTION to hear and decide cadastral and land
registration cases where there is no controversy over the land or in case of
contested lands, the value does not exceed P100, 000 = appealable to the
CA

1st level courts:


a. Metropolitan Trial Court Metro Manila;
b. Municipal Trial Courts in Cities situated in cities
c. Municipal Circuit Trial Court composed of multi-sala
d. Municipal Trial Courts in one municipality
SHARIAH COURTS
EXCLUSIVE JURISDICTION

1)
2)

3)
4)
5)

All cases involving custody, guardianship, legitimacy, paternity and


filiation arising under the Code of Muslim Personal Laws;
All cases involving disposition, distribution and settlement of estate of
deceased Muslims, probate of wills, issuance of letters of
administration of appointment administrators or executors regardless
of the nature or aggregate value of the property;
Petitions for the declaration of absence and death for the cancellation
and correction of entries in the Muslim Registries;
All actions arising from the customary contracts in which the parties
are Muslims, if they have not specified which law shall govern their
relations; and
All petitions for mandamus, prohibition, injunction, certiorari, habeas
corpus and all other auxiliary writs and processes in aid of its appellate
jurisdiction

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

JURISDICTION OVER SMALL CLAIMS


1) MTCs, MeTCs and MCTCs shall have jurisdiction over actions for
payment of money where the value of the claim does not exceed
P100,000 exclusive of interest and costs (Sec. 2, AM 08-8-7-SC, Oct. 27,
2009).
2) Actions covered are
a) purely civil in nature where the claim or relief prayed for by the plaintiff
is solely for payment or reimbursement of sum of money, and

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.

CASES COVERED BY THE RULES ON BARANGAY CONCILIATION


The Lupon of each barangay shall have the authority to bring together the
parties actually residing in the same municipality or city for amicable
settlement of all disputes except:
1) Where one party is the government or any subdivision or
instrumentality thereof

2) Where one party is a public officer or employee, and the dispute


relates to the performance of his official functions
3) Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding P5,000
4) Offenses where there is no private offended party
5) Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon
6) Disputes involving parties who actually reside in barangays of different
cities or municipalities, except where such barangay units adjoin each
other and the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon
7) Such other classes of disputes which the President may determine in
the interest of justice or upon the recommendation of the Secretary of
Justice
8) Any complaint by or against corporations, partnerships, or juridical
entities. The reason is that only individuals shall be parties to barangay
conciliation proceedings either as complainants or respondents
9) Disputes where urgent legal action is necessary to prevent injustice
from being committed or further continued, specifically:
a) A criminal case where the accused is under police custody or
detention
b) A petition for habeas corpus by a person illegally detained or
deprived of his liberty or one acting in his behalf
c) Actions coupled with provisional remedies, such as preliminary
injunction, attachment, replevin and support pendente lite
d) Where the action may be barred by statute of limitation
10)
Labor disputes or controversies arising from employer-employee
relationship
11)
Where the dispute arises from the CARL
12)
Actions to annul judgment upon a compromise which can be
directly filed in court.

It is a condition precedent under Rule 16; can be dismissed but without


prejudice

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

for damages to real property, because although it involves real property, it


does not involve any of the issues mentioned.
Real actions are based on the privity of real estates; while personal actions
are based on privity of contracts or for the recovery of sums of
money.
The distinction between real action and personal action is important for the
purpose of determining the venue of the action. A real action is LOCAL,
which means that its venue depends upon the location of the property
involved in the litigation. A personal action is TRANSITORY, which
means that its venue depends upon the residence of the plaintiff or the
defendant at the option of the plaintiff.
LOCAL AND TRANSITORY ACTIONS
A local action is one founded on privity of estates only and there is no
privity of contracts. A real action is a local action; its venue depends upon the
location of the property involved in litigation. Actions affecting title to or
possession of real property, or interest therein, shall be commenced and tried
in the proper court which has jurisdiction over the area wherein the real
property involved, or a portion thereof is situated (Sec. 1, Rule 4).
Transitory action is one founded on privity of contracts between the
parties. A personal action is transitory, its venue depends upon the residence
of the plaintiff or the defendant at the option of the plaintiff. A personal action
may be commenced and tried where the plaintiff or any of the principal
plaintiffs resides or where the defendant or any of the principal defendants
resides, or in the case of non-resident defendant, where he may be found, at
the election of the plaintiff. (Sec. 2, Rule 4).
Actions in rem, in personam and quasi in rem (this is important in
service of summons)
An action in rem, one instituted and enforced against the whole world.
An action in personam is one filed against a definite defendant. It is
intended to subject the interest of defendant on a property to an
obligation or lien. Jurisdiction over the person (defendant) is required. It is
a proceeding to enforce personal rights and obligations brought against
the person, and is based on the jurisdiction of the person, although it may
involve his right to, or the exercise of ownership of, specific property, or
seek to compel him to control or dispose of it in accordance with the
mandate of the court. The purpose is to impose through the judgment of a
court, some responsibility or liability directly upon the person of the
defendant. No other than the defendant is liable, not the whole world, as
in an action for a sum of money or an action for damages.
An action quasi in rem, also brought against the whole world, is one
brought against persons seeking to subject the property of such persons
to the discharge of the claims assailed. An individual is named as

defendant and the purpose of the proceeding is to subject his interests


therein to the obligation or loan burdening the property. It deals with
status, ownership or liability or a particular property but which are
intended to operate on these questions only as between the particular
parties to the proceedings and not to ascertain or cut off the rights or
interests of all possible claimants. Examples of actions quasi in rem are
action for partition, action for accounting, attachment, foreclosure
of mortgage.
An action in personam is not necessarily a personal action. Nor is a real
action necessarily an action in rem. An in personam or an in rem action is
a classification of actions according to foundation. For instance, an action
to recover, title to or possession of real property is a real action, but it is
an action in personam, not brought against the whole world but against
the person upon whom the claim is made.
SC sums up the basic rules in Biaco vs. Philippine Countryside Rural Bank
(2007):
1) The question of whether the trial court has jurisdiction
depends on the nature of the action whether the action is in
personam, in rem, or quasi in rem. The rules on service of
summons under Rule 14 likewise apply according to the nature of the
action.
2) An action in personam is an action against a person on the
basis of his personal liability. And action in rem is an action
against the thing itself instead of against the person. An action
quasi in rem is one wherein an individual is named as defendant and
the purpose of the proceeding is to subject his interest therein to the
obligation or lien burdening the property.
3) Jurisdiction over the person of the defendant is necessary for the court
to validly try and decide a case against said defendant where the
action is one in personam but not where the action is in rem or quasi in
rem.
Jurisdiction over the res is acquired either
a. by the seizure of the property under legal process,
whereby it is brought into actual custody of the law; or
b. as a result of the institution of legal proceedings, in which
the power of the court is recognized and made effective.
Nonetheless, summons must be served upon the defendant not for the
purpose of vesting the court with jurisdiction but merely for
satisfying the due process requirements.

RULE 1- GENERAL PROVISIONS


Section 1. Title of the Rules. Rules of Court.
Section 2. In what courts applicable.
All the courts , except as otherwise provided by the Supreme Court.

Limitations on the Rule-Making Power of the SC (1987 Constitution)


1. Shall provide a simplified and inexpensive procedure for the speedy
disposition of cases;
2. Uniform for all courts of the same grade, and
3. Shall not diminish, increase or modify substantive rights (Art. VIII Sec.
5 [5]).
Sec. 3. Cases governed.
1. Actions, civil or criminal
2. Special proceedings.
CIVIL ACTION- one by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong; may either be
ordinary or special. Both are governed by the rules for ordinary civil actions,
subject to the specific rules prescribed s\for a special civil action.
CRIMINAL ACTION- one by which the State prosecutes a person for an act or
omission punishable by law.
SPECIAL PROCEEDINGS- a remedy by which a party seeks to establish a status,
a right , or a particular fact.
ACTION
An ordinary suit in a court of justice.
One party prosecutes another for the
enforcement or prosecution of a right or
the or the prevention or redress of a
wrong.

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

SPECIAL CIVIL ACTION


Governed by special rules (Rules 62-71)
Special feature not found in ordinary civil

court of justice in the manner prescribed


by the court or by the law.

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

The distinction is important in determining venue.


Sec. 4. IN WHAT CASES NOT APPLICABLE.
1. Election cases
2. Land registration
3. Cadastral
4. Naturalization and
5. Insolvency proceedings
6. And other cases not herein provided for, except by analogy or in a
suppletory character and whenever practicable and convenient.
Sec. 5. Commencement of action.- by the filing of the original complaint in
court.
The date filing of the action in court determines whether the
action has prescribed.
Payment of Docket Fees:

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.

Is jurisdiction over the parties required in actions in rem or quasiin-rem?


No. In actions in rem or quasi-in-rem, only the acquisition of jurisdiction
over the res is required.
If a person is not a party to the action but a compromise agreement
was submitted to the court between the plaintiff and the defendant
and the non-party person signed the compromise agreement, is he
bound by the judgment based on the compromise agreement?
Yes, because he has submitted himself to the jurisdiction of
the court when he signed the compromise agreement.
What constitutes voluntary appearance?
To constitute voluntary appearance it must be the kind of appearance
that amounts to a voluntary submission to the jurisdiction of the court. It is
an appearance that seeks affirmative relief.
I. Lack of jurisdiction over the subject matter may be raised for the
first time on appeal; exception
As a general rule, lack of jurisdiction over the subject matter may be
raised any time, even for the first time on appeal.
An exception to this rule is when the dismissal of the case on the
ground of lack of jurisdiction is already barred by estoppel by laches.
This is what happened in the case of Tijam v. Sibonghanoy.
In the Tijam case, one of the parties did not raise the issue on
jurisdiction for fifteen (15) years. When the case reached the Supreme Court,
it was raised for the first time by one of the parties (the surety company). The
Supreme Court ruled that the issue on jurisdiction cannot anymore be raised;
laches has already set in.
However, in order for estoppel by laches to set in, it is not a hard and
fast rule that fifteen (15) years have lapsed. In some cases, ten (10) years is
enough.
Case: Calimlim v. Ramires, Pangilinan v. CA: The ruling in Tijam v.
Sibonghanoy on the matter of jurisdiction is the exception rather than the
rule. Estoppel by laches may be invoked to bar the issue of jurisdiction only in
cases where the factual milieu is analogous to Tijam.
Case: Mangayab vs. Catubig Pastoral: The contention that the defense
of lack of jurisdiction may be waived by estoppel through active participation
in the trial is not the general rule but the exception best characterized by the
circumstances in Tijam v. Sibonghanoy.
What is subject matter?
Subject matter refers to the item with respect to which the controversy
has arisen and concerning which the wrong has been done. It is ordinarily the
right, the thing, or the contract under dispute.
What if the court which took cognizance of the case had no
jurisdiction in the first place?

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.

3. Real actions other than forcible entry and unlawful detainer


Real actions are actions involving title to property, interest in real property,
foreclosure of mortgage, and eminent domain.
4. Actions involving title to, possession of, or interest in real
property The MTC has exclusive concurrent jurisdiction over civil actions
involving title to or possession of real property or interest in real property
where the assessed value (found at back of tax declaration) does not
exceed P20,000 outside Metro Manila and P50,000 if the real property is
located within Metro Manila. If the property is not declared for taxation
purposes, assessed value is the value of adjacent lots covered by tax
declarations.
Jurisdiction based on assessed value The jurisdiction of the court
under R.A. 7691 over an action involving title to, possession of or interest in
real property is now determined by the assessed value not the market value.
Assessed value can be computed using this formula: Fair Market Value
x Assessment Level. Assessed value is synonymous to taxable value.
Accion reinvidicatoria a suit which has for its object recovery of
possession over the real prop as owner. It involves not only recovery of
possession but also recovery of ownership.
Accion publiciana is one of recovery of possession of the right
to posses, also known as an ejectment suit but filed after the expiration of
1y after the occurrence of the cause of action or from the unlawful
withholding of possession of the real property.
If the ultimate objective of the plaintiffs is to obtain title to real
property, it should be filed in the proper court having jurisdiction over the
assessed value of the property subject thereof.
Proper court where the real property is located.
5. Civil actions where the demand does not exceed P300,000 if
outside Metro Manila and P400,000 within Metro Manila.
6. Admiralty and maritime cases demand or claim does not
exceed P300,000 outside Metro Manila and P400,000 for those within Metro
Manila.
What is Admiralty jurisdiction regulates maritime matters
especially covered in the bill of lading and COGSA, and other cases such as
contracts relating to the trade and business of the sea and essentially fully
maritime in character like maritime services, transactions of casualties, etc
7. Probate proceedings. A probate court is a court of limited
jurisdiction. It cannot, with finality, resolve issues involving ownership. It can
resolve only issues involving ownership provisionally for purposes of including
a property in the inventory to be conducted by the executor or administrator.
c. Delegated Jurisdiction

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.

However, as an exception, it can be issued by the court outside its


territorial jurisdiction but within the region if there is a compelling reason to
issue a search warrant beyond the territorial jurisdiction.
Moreover, as an exception to the exception, a search warrant may be
applied for and issued anywhere in the Philippines if the crime involves illegal
possession of firearms and other heinous crimes.
Jurisdiction of the RTC
a. Exclusive Original Jurisdiction
1. Civil actions involving title to, possession of, or interest in
real property where the assessed value is more than P20,000 outside
Metro Manila and P50,000 within Metro Manila.
2. Civil actions where demand or claim exceeds P300,000
outside Metro Manila and P400,000 if within Metro Manila area.
3. Admiralty maritime where demand or clam exceeds
P300,000 outside Metro Manila and P400,000 if within Metro Manila.
4. Probate proceedings, whether testate or intestate, where
the gross value of estate exceeds P300,000 if outside Metro Manila
and P400,000 if within Metro Manila.
5. Personal property valued at more than P300,000 outside
Metro Manila and P400,000 within Metro Manila.
6. Cases not falling within the jurisdiction of any court,
tribunal, person, body exercising judicial or quasi-judicial functions
if there is a law and the law does not define the jurisdiction of the court, file it
with the RTC.
b. Concurrent Original Jurisdiction
1. With the Supreme Court actions affecting ambassadors, other
public ministers and consuls (Sneckenberger vs. Moran).
2. With the Supreme Court and the Court of Appeals petitions
for certiorari, prohibition, mandamus, quo warranto, and habeas corpus
against other RTC, lower courts and quasi-judicial bodies;
c. Appellate
The RTC has appellate jurisdiction over cases decided by lower courts
in their respective territorial jurisdiction.
Mode of Appeal
If the RTC is exercising appellate jurisdiction Petition for Review.
If the RTC is in the exercise of its original jurisdiction Notice of Appeal,
except when Record on Appeal is required.

Jurisdiction over Intra-corporate Controversies


RTC has jurisdiction over cases involving devises or schemes employed
by or any acts of the Board of Directors amounting to fraud and
misrepresentation.
The RTC also has jurisdiction over controversies in the election or
appointment of directors and other officers and in petitions of corporations,
partnerships, associations to be declared in the state of suspension of
payments.
Actions not capable of pecuniary estimation
If the basic issue is one other than the recovery of money, which
means money is only incidental or a mere consequence of the main action,
then the action is considered incapable of pecuniary estimation.
If the main purpose is money, like an action for collection of sum of
money, then the action is capable of pecuniary estimation.
Case: Russel vs. Vesteed: SC said that if the action is one primarily for
the recovery of sum of money, the claim is considered capable of pecuniary
estimation. An action to annul a deed of declaration of heirs and for a
partition of land with an assessed value of P5,000 which is not primarily for
recovery of sum of money is an action incapable of pecuniary estimation.
So the action should be filed with RTC, not MTC.
Examples of cases not capable of pecuniary estimation:
1. Specific Performance - But there may be damages prayed for in the
complaint (actual, exemplary, moral, attys fees). Its still a case which is
incapable of pecuniary estimation.
2. Action for support not capable of pecuniary estimation because you
do not know how much the plaintiff needs. The needs of the plaintiff may
vary. A judgment for support does not become final and executory because
support depends upon the needs of the person asking support and the
resources of the person obliged to give support
3. Foreclosure of Mortgage
4. Annulment of Judgment
5. Validity of Mortgage
What is the test if whether an action is capable of pecuniary
estimation or not?
Case: Singson vs. Isabella Sommen: Ascertain first what is the nature
and principal action or remedy sought. If it is primarily for recovery of sum of
money then the claim is considered capable of pecuniary estimation and
therefore jurisdiction would depend upon the amount of the claim. But where
the issue is something other than the right to recover a sum of money or
where the money claim is incidental to or a consequence of the principal
relief being sought, the subject of litigation is deemed incapable of estimation
in terms of money and is cognizable exclusively by the RTC.
Stray Case: Action for specific performance (main action) but there was
an alternative prayer: In lieu of finishing the construction the defendant may
simply pay the plaintiff a specified sum of money.

Is it an action not capable of pecuniary estimation? The specific


performance becomes capable of pecuniary estimation and
jurisdiction should be based on the sum of money alternatively
prayed for.
What is the trial courts jurisdiction when acting as a probate court?
A probate court cannot adjudicate or determine title to properties. It
can only determine whether or not it is to be included in the inventory of the
decedents estate.
Cases to be heard en banc
1. Constitutionality of a treaty, international or executive agreement or
law, etc. (TILPIPORO);
2. All cases which under the Rules of Court are required to be heard en
banc;
3. Cases heard by a division when the required majority in the division
is not obtained.
The decision of the SC in a division is the decision of the entire SC.
There is no such thing as an appeal from the decision of an SC division to the
SC en banc. The proper remedy is for you to file a motion for reconsideration
and submit it to the Supreme Court en banc. But that should not be
construed as an appeal from the decision of the SC in division.
4. Cases involving verification or reversal of doctrines or principles of
law laid down by the SC in a decision previously rendered en banc or by
division;
6. Cases involving discipline of judges of lower courts;
Case: Judge Bonifacio Sales Maceda vs. Office of the Ombudsman:
Administrative cases involving judges should not be lodged with the
Office of the Ombudsman. It is to be lodged in the OCA (Office of the
Court Administrator, SC).
If it is a criminal case involving a judge Ombudsman will conduct
preliminary investigation and file it with the Sandiganbayan.
7. Contests relating to the election returns and qualifications of the
President and Vice-President.
Jurisdiction of Family Courts
1. Guardianship;
2. Adoption;
3. Annulment, declaration of nullity, legal separation;
4. Support, acknowledgment;
5. Summary judicial proceedings;
6. Petitions for the declaration of status of children;
7. Petitions for constitution of family home.
It was R.A. 8369 which created the Family Courts. As of present, we
have NO Family Court yet. If a Family Court is to be created it has to be put in
the municipality with the highest population not city.
What we have are RTCs designated as Family Courts not the true
Family Courts.

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

exercise of some administrative discretion requiring special knowledge,


experience, and services of administrative tribunals to determine technical
and intricate matters of fact.
Doctrine of Adherence to Jurisdiction
The same as continuity once jurisdiction is vested in a court it is
retained until the end of litigation.
Exclusionary Principle
The court first acquiring jurisdiction exercises it to the
exclusion of all others. The Regional Trial Court has concurrent jurisdiction
with the Insurance Commissioner over claims not exceeding P100,000, but
this is applicable if the subject is not capable of pecuniary estimation. If it is
capable of pecuniary estimation, then it would be concurrent with the
Municipal Trial Court.
Limited Jurisdiction of the DARAB
The DARAB is only a quasi-judicial agency and therefore, a court of
limited jurisdiction. Its limited jurisdiction does not include the authority over
petitions for certiorari.
Jurisdiction v. Venue
1. Jurisdiction is the power or authority to hear and decide cases;
venue is the place where the case is to be heard or tried.
2. Jurisdiction is substantive; venue is a matter of procedural law.
3. Jurisdiction establishes a relationship between the court and the
subject matter; venue establishes a relation between plaintiff and defendant
or petitioner and respondent.
4. Jurisdiction cannot be conferred by agreement of the parties; venue
may be conferred by the act or agreement of the parties.
5. Lack of jurisdiction is a ground for the motu proprio dismissal of th
complaint; improper venue is not a ground for the motu propio dismissal of
the complaint, except in cases subject to summary procedure.
Quieting of Title
The judge was fined for ignorance of the law. The case for quieting of
title and recovery of ownership was filed with the MTC. But it should have
been with the RTC. The MTC has no jurisdiction over quieting of title
and recovery of ownership.
When Collector of Customs sits over Customs Cases
The Bureau of Customs has exclusive original jurisdiction over customs
cases. If a case seeks the annulment of the act of the Collector of Customs,
jurisdiction is vested with the Customs Commissioner and then appeal is with
the Court of Tax Appeals.
Expulsion of Members of Religious Organizations

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

The subject mater of agricultural tenancy or agrarian reform laws are


agricultural lands or farm lands devoted to agriculture.
Jurisdiction of DARAB
Dandoy v. Tiongson (2005): This involves lands under administration
and disposition of the DAR or Land Bank of the Philippines. The fact that Lot
292 is an agricultural land does not ipso facto make it an agrarian dispute
within the jurisdiction of the DARAB. For the present case to fall within the
jurisdiction of the DARAB there must be a tenancy relationship between
the parties.
Elements of Tenancy Dispute
1. The parties are the landowner and the tenant or agricultural lessee;
2. The subject is an agricultural land;
3. There is consent by the landowner;
4. The purpose is agricultural production;
5. There is personal cultivation;
6. There is sharing of the harvest.
Salient Features: Rules of Procedure for Small Claims Cases
1. These Rules shall govern the procedure in actions before the MTC
where the value of the claim does not exceed P100,000.
2. Section 3 definition of terms.
3. Section 4. Applicability. The MTC shall apply this rule in all actions
which are: (a) purely civil in nature where the claim or relief prayed for by the
plaintiff is solely for payment or reimbursement of sum of money; and (b) the
civil aspect of criminal actions filed before the institution of the criminal
action or reserved upon filing, these claims or demands may be:
a. for money owed under any of the following:
1. contract of lease;
2. contract of loan;
3. contract of services;
4. contract of sale;
5. contract of mortgage.
b. for damages arising from any of the following:
1. fault or negligence;
2. quasi-contract;
3. contract.
c. The enforcement of a barangay amicable settlement or an
arbitration award involving a money claim.
4. Section 5. Commencement of small claims action. A small claims
action is commenced by filing with the court an accomplished and verified
Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification
of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified
photocopies of the actionable document/s subject of the claim, as well as the
affidavits of witnesses and other evidence to support the claim.
No formal pleading, other than the Statement of Claim described in
this Rule, is necessary to initiate a small claims action.

5. Section 6. Joinder of Claims. Plaintiff may join in a single statement


of claim one or more separate small claims against a defendant provided that
the total amount claimed, exclusive of interest and costs, does not exceed
P100,000.00.
6. Section 7. Affidavits. The affidavits submitted under this Rule shall
state only facts of direct personal knowledge of the affiants which are
admissible in evidence.
7. Section 11. Response. The defendant shall file with the court and
serve on the plaintiff a duly accomplished and verified Response within a nonextendible period of ten (10) days from receipt of summons.
As distinguished from: ordinary civil case where the defendant files an
Answer instead of a Response and the period for filing is fifteen (15) days
instead of ten (10) days.
8. Section 12. Effect of Failure to File Response. Should the defendant
fail to file his Response within the required period, the court by itself shall
render judgment as may be warranted by the facts alleged in the Statement
of Claim limited to what is prayed for. The court however, may, in its
discretion, reduce the amount of damages for being excessive or
unconscionable.
9. Counterclaims are allowed.
10. Section 14. Prohibited Pleadings and Motions. The following
pleadings, motions, or petitions shall not be allowed in the cases covered by
this Rule:
(a) Before amendment: motion to dismiss the complaint, except
on the ground of lack of jurisdiction; after amendment: MOTION TO
DISMISS THE COMPLAINT;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or
for reopening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits, or
any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;

(k) Third-party complaints; and


(l) Interventions.
11. Section 17. Appearance of Attorneys Not Allowed. No attorney
shall appear in behalf of or represent a party at the hearing, unless the
attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present his/her
claim or defense and needs assistance, the court may, in its discretion, allow
another individual who is not an attorney to assist that party upon the latters
consent.
12. Section 18. Non-appearance of Parties. Failure of the plaintiff to
appear shall be cause for the dismissal of the claim without prejudice. The
defendant who appears shall be entitled to judgment on a permissive
counterclaim.
Failure of the defendant to appear shall have the same effect as failure
to file a Response under Section 12 of this Rule (judgment).
13. Section 21. Judicial Dispute Resolution. At the hearing, the judge
shall conduct Judicial Dispute Resolution (JDR) through mediation,
conciliation, early neutral evaluation, or any other mode of JDR.
14. Section 22. Failure of JDR. If JDR fails and the parties agree in
writing (Form 10-SCC) that the hearing of the case shall be presided over by
the judge who conducted the JDR, the hearing shall so proceed in an informal
and expeditious manner and terminated within one (1) day.
15. Section 23. Decision. After the hearing, the court shall render its
decision on the same day, based on the facts established by the evidence.
The decision shall be final and unappealable.
Amendments to the Rules of Procedure for Small Claims Cases (caps
amended portion)
Section 11.
Section 12. Effect of Failure to File Response. Should the defendant
fail to file his Response within the required period, AND LIKEWISE FAIL TO
APPEAR AT THE DATE SET FOR HEARING, THE COURT SHALL RENDER
JUDGMENT ON THE SAME DAY, AS MAY BE WARRANTED BY THE FACTS.
SHOULD THE DEFENDANT FAIL TO FILE HIS RESPONSE WITHIN THE
REQUIRED PERIOD BUT APPEARS AT THE DATE SET FOR HEARING, THE COURT
SHALL ASCERTAIN WHAT DEFENSE HE HAS TO OFFER AND PROCEED TO
HEAR, MEDIATE, OR ADJUDICATE THE CASE ON THE SAME DAY AS IF A
RESPONSE HAS BEEN FILED.
Section 14(a).
Section 16. Appearance. The parties shall appear at the designated
date of hearing personally.
APPEARANCE THROUGH A REPRESENTATIVE MUST BE FOR A VALID
CAUSE. THE REPRESENTATIVE OF AN INDIVIDUAL PARTY MUST NOT BE A
LAWYER AND MUST BE RELATED TO OR NEXT-OF-KIN OF THE INDIVIDUAL
PARTY. JURIDICAL ENTITIES SHALL NOT BE REPRESENTED BY A LAWYER IN ANY
CAPACITY.

THE REPRESENTATIVE MUST BE authorized under a Special Power of


Attorney to enter into an amicable settlement, to submit to Judicial Dispute
Resolution (JDR) and to enter into stipulations or admissions of facts and of
documentary exhibits.
Section 21. Hearing. At the hearing, the judge shall EXERT EFFORTS
TO BRING THE PARTIES TO AN AMICABLE SETTLEMENT OF THEIR DISPUTE x x
x.
SETTLEMENT DISCUSSIONS SHALL BE STRICTLY CONFIDENTIAL AND
ANY REFERENCE TO ANY SETTLEMENT MADE IN THE COURSE OF SUCH
DISCUSSIONS SHALL BE PUNISHABLE BY CONTEMPT.
Section 22. Failure of SETTLEMENT. If EFFORTS AT SETTLEMENT FAIL,
the hearing shall proceed in an informal and expeditious manner and BE
terminated within one (1) day. EITHER PARTY MAY MOVE IN WRITING TO HAVE
ANOTHER JUDGE HEAR AND DECIDE THE CASE. THE REASSIGNMENT OF THE
CASE SHALL BE DONE IN ACCORDANCE WITH EXISTING ISSUANCES.
THE REFERRAL BY THE ORIGINAL JUDGE TO THE EXECUTIVE JUDGE
SHALL BE MADE WITHIN THE SAME DAY THE MOTION IS FILED AND GRANTED,
AND BY THE EXECUTIVE JUDGE TO THE DESIGNATED JUDGE WITHIN THE
SAME DAY OF THE REFERRAL. THE NEW JUDGE SHALL HEAR AND DECIDE THE
CASE WITHIN FIVE (5) WORKING DAYS FROM RECEIPT OF THE ORDER OF
REASSIGNMENT.

RULE 2- CAUSE OF ACTION


Section 1. Ordinary civil actions, basis of.
Every ordinary civil action must be based on a cause of action.
A. Basis of Civil Actions
Section 1 of Rule II provides that every ordinary civil action must be based
on a cause of action.
If it is a declaratory relief or special proceedings do not talk about cause of
action.
B. Action v. Suit
Action is a process or proceeding in court. Suit is a process or proceeding in
equity.
C. Action v. Cause of Action
Action is litigation in court. Cause of action is the reason why the litigation
came about.
Section 2. Cause of action, defined.
CAUSE OF ACTION the act or commission by which a party violates a right of
another.

Definition of Cause of Action


The cause of action is the act or omission by which one party violates
the right or rights of another. A cause of action is the delict or wrong
committed by defendant in violation of the primary right of the plaintiff.
ESSENTIAL ELEMENTS OF A CAUSE OF ACTION
1. Legal right of the plaintiff;
2. Correlative obligation of the defendant, and
3. Act or omission of the defendant in violation of the plaintiffs
said legal right.
4. Compliance with a condition precedent.

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.

C. Singleness of a Cause of Action


The singleness of the cause of action lies in the singleness of the delict
or wrong violating the rights of one person.
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.
D. Cause of Action v. Relief
A cause of action is the statement of facts while relief is the
remedy asked for.

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.

Remedies Against Splitting A Single Cause of Action:


1. Motion to dismiss on the ground of:
Litis pendentia, if the first complaint is still pending (Rule 16, Sec 1[e]);
or
Res judicata, if any of the complaints is terminated by final judgment
9rule 16, Sec 1[f])

2. An affirmative defense on the ground of pendency if another action


between the same parties for the same cause or bar by prior
judgment.
One Act but Several Rights Violated, the Taxicab, and the Principle of
Alternative Defendants
A cause of action is a single act or omission or it may be several acts
or omission. A single act or omission can be violative of various rights
simultaneously, as when the act constitutes juridically a violation of several
separate and distinct legal obligations
Example: If you are a passenger of a taxicab and it is bumped by
another taxicab, several rights are violated. If the driver of the one in which
you are riding is negligent, file a case for culpa contractual. File the case
against the owner of the taxi. If the other driver was negligent, there is no
longer splitting of action because you will file a case against the driver of the
other taxicab under culpa aquiliana.
If you are not sure who is negligent between the two drivers, you can
sue both. Under what principle? Under the principle of alternative defendants.
This is allowed by the rules.
One Delict, One Cause of Action
Where there is only one delict or wrong, there is but a single cause of
action regardless of the number of rights that may have been violated
belonging to one person.
All Rights Violated must be Alleged in Complaint
And the rule is that all such rights should be alleged in a single
complaint. Otherwise those that are not included cannot be the subject of a
subsequent complaint because they are barred forever.
Example: Property taken through violence. There is only one delict or
wrong. If the government files a case for recovery of taxes, the government
cannot later on file a case for recovery of surcharges. This is already splitting
a cause of action. So, the case that should have been filed is recovery of
taxes PLUS surcharges. If the case filed is partition, partition on the property
AND the improvements must be included.

The Purpose of Prohibition against Splitting a Cause of Action


The rule against splitting a cause of action is intended to:
1. Prevent repeated litigation between the same parties in regard to
the same subject of controversy;
2. Protect defendant from unnecessary vexation;
3. Avoid costs and expenses.
Singleness of a Cause of Action
The singleness of the cause of action lies in the singleness of the delict
or wrong violating the right or rights of one person.

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.

Remedies of a Tenant Illegally Dismissed


A tenant illegally ejected from the land is entitled to two reliefs:
reinstatement plus damages. They must be alleged in one complaint.
Action for Recovery of Taxes
If an action for recovery of taxes is filed by the government, it must
include surcharges. The cause of action should not be split; one for recovery
of taxes and one for surcharges.
Options of the Creditor
The creditor may opt to file an action for collection or foreclosure of
mortgage. He cannot file one case for collection and another case for
foreclosure because that is splitting a single cause of action.
Principle of Anticipatory Breach
Where the parties enter into a contract for a specified amount of goods every
month, let us say for a period of 10 years, but the defendant expressed his
intention not to make any deliveries under the contract, the breach is total
and there can only be one action.
General Rule On Divisible Contract
A contract to do several things at several times is divisible, and judgment for
a single breach of a continuing contract is not a bar to a suit for a subsequent
breach.
DOCTRINE OF ANTICIPATORY BREACH- Even if the contract is divisible in
its performance and the future periodic deliveries are not yet due, if the
obligor has already manifested his refusal to comply with his future periodic
obligations, the contract is entire and the breach total, hence there can
only be one action for damages.
(*Blossom & Co. v. Manila Gas Corp.)
Sec. 5. JOINDER OF CAUSES OF ACTION.
A party may in one pleading assert, in the alternative or otherwise, as many
causes of action as he may have against an opposing party, subject to the
following conditions:
(a) The party joining the causes of action shall comply with the rules on joiner
of parties:
(b) The joiner shall not include special civil actions or actions governed by
special rules;
(c) Where the causes of action are between the same parties out pertain to
different venues or jurisdictions, the joiner may be allowed in the Regional
Trial Court provided one of the causes of action fall within the jurisdiction of
said court and the venue lies therein; and
(d) Where the claims in all the causes of action are principally for recovery of
money, the aggregate amount claimed shall be the test of jurisdiction.

Restriction On The Joinder Of Causes Of Action


1. Jurisdiction;
2. Venue;
3. Joinder of parties.
TOTALITY RULE- When there are several claims and causes of action
between the same or different parties embodied in the same complaint, the
amount of the command shall be the totally of the claims in all the causes of
action, irrespective of whether the causes of action arose out of the same or
different actions.
Where the claims in all the causes of action are principally for recovery of
money, the aggregate amount claimed shall be the test of jurisdiction.
Permissive Joinder of Causes of Action
The joinder under Section 5 is a permissive joinder. It is not a
compulsory joinder.
A party may, in one pleading, assert in the alternative or otherwise, as
many causes of action he may have against an opposing party.
For example, X v. Y and the first cause of action is non-payment of a
P3,000-debt covered by promissory note. Next cause of action, another nonpayment of a P4,000-debt covered by promissory note. Then the third cause
of action is also non-payment of P200,000-debt. The plaintiff may file three
cases. The joinder is only permissive. But he may also join all causes of action
in one complaint; only one case is filed.
There is no problem if it is one on one.
But the rules says that in the alternative or otherwise. This refers to
alternative causes of action. If you are not sure who is at fault. You sent goods
from Zamboanga City to Cebu City consisting of jars. When you loaded them,
they were in good order. When the goods arrived in Cebu City, they were
already in bad order. You wrote a letter to the shipping company. They replied
that it was not responsible but the arrastre services. So you wrote the
arrastre operator. But the arrastre operator said that it was not liable since it
was in good order when boarded on the boat. So in these instances when the
plaintiff is not sure who is at fault, he can sue both the shipping company and
the arrastre operator since the plaintiff has an alternative cause of action
between the two. The shipping company and the arrastre operator will only
have to file cross-claims with one another. The former says the latter is liable;
the latter says the former is liable. And the catfight continues, so on and so
forth.
Another example: when you went to the mall, your foot stuck on the
escalator. You wrote the owner of the mall. But the owner said we are not
liable because there was a contract with the construction company that if any
injury results from the use of the escalator, the construction company will
have to answer. But the company says it is not liable. So, you sue both under
an alternative cause of action. Cross-claims will then be filed between the
two.

Conditions for Joinder of Causes of Action


1. The party joining the causes of action must comply with the rules on
joinder of parties. In other words:
a. It must arise from the same transaction or series of
transactions; and
b. There must be a common question of fact and law.
Example: There was a Kingly House on Top of the Mountain. It had a
humongous swimming pool where 50 dolphins and a whale could swim
together. But then the walls of the pool gave way and tons and tons of water
gushed forth and went down rampaging into the multitude of tiny houses
surrounding the Kingly House on Top of the Mountain.
Here, you apply the rule on the permissive joinder of parties. One act
caused damage or prejudice to several persons. All of them may sue under
joinder of parties. Take note that the joinder is permissive. So, if a hundred
people were prejudiced, they may all file a hundred cases against the FeelingKing owner of the Kingly House on Top of the Mountain. But they may also
agree to join their causes of action and instead file only one complaint
against the owner of the Kingly House on Top of the Mountain.
Will joinder of parties apply? Yes. It arose from the same incident and
there were common questions of fact and law.
Joinder of parties will only apply if there are two or more plaintiffs or
one or more defendants. The following combinations between plaintiff and
defendant are allowed: 1 v. 3 or 3 v. 1 or 3 v. 3. If only 1 on 1, forget joinder
of parties. It is applicable only if there is a multitude of parties.
2. Joinder must not include special civil actions governed by special
rules. Thus, you cannot file an action for sum of money and certiorari. Or you
cannot also file collection of sum of money, breach of contract and unlawful
detainer. An action for unlawful detainer is governed by summary rules.
Besides, it is a special civil action.
3. Joinder may be allowed in the RTC provided one of the causes of
action falls under the jurisdiction of the RTC and one of the venues lies
therein.
Example: X v. Y. They are both residents of Cebu City. Claims: (1)
recovery of possession of possession of property. X wants to recover land in
Tagbilaran City; (2) sum of money, P200,000; (3) sum of money, P500,000.
Can you join the causes of action? Where will you file?
Recovery of possession cannot be joined because of venue, since it is
located in Tagbilaran City and is outside the jurisdiction of the RTC in Cebu.
How about the two collections for sum of money? Yes, they may be joined.
File it with the RTC because, while P200,000 is under the jurisdictional
amount of the MTC, the P500,000 is under the RTC.
Example: Sum of money, P20,000 Small Claims, Sum of money
P300,000, Sum of money P400,000, plus unpaid wages. Can these be
joined? Unpaid wages are not included. Jurisdiction is with the NLRC.
Example: Sum of money plus non-performance of an obligation in a
contract involving subdivision or condominium. Jurisdiction is with HLURB.

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.

Settlement of Estate of Two Persons


Settlement of estates of two persons, especially if conjugal properties
are involved, may also be joined.
Reason for Allowing Alternative Causes of Action
The reason is to avoid multiplicity of suits.
Forcible Entry and Unlawful Detainer

Forcible Entry and Unlawful Detainer cannot be joined. One of the


actions is governed by the rules on summary procedure. What action?
Unlawful Detainer.
Joinder of Causes of Action is Permissive
Joinder of causes of action is permissive. Thus, if the plaintiff has
several causes of action against the same defendant, for example five (5)
causes of action, he may file five (5) cases. But he may also join all the five
(5) causes of action in one complaint.
Joinder of Causes of Action vis--vis Joinder of Parties under Section
6 of Rule 3
Joinder of causes of action should also be related to Section 6 of Rule 3
on joinder of parties, where there may be multiple plaintiffs or multiple
defendants, provided all the causes of action arose out of the same
transaction or series of transactions.
Transactions may be an event or incident. There must be a question of
fact and law common to all plaintiffs and defendants.
Special Civil Actions cannot be joined with Ordinary Civil Actions
Excluded also are special civil actions (certiorari, prohibition, and
mandamus).
The reason is to avoid confusion in the conduct of the proceedings
because special civil actions are governed by special rules.
Example of Joinder of Causes of Action
A v. B. The following are the causes of action: sum of money, breach of
contract, and recovery of possession. The plaintiff may allege all the three (3)
causes of action in one complaint against B.
If all the causes of action are for sums of money, then apply the totality
rule. This is irrespective of whether or not they arose out of the same
transaction or series of transactions.
Conditions for Joinder of Parties (Several Parties with Separate
Causes of Action)
If two plaintiffs have separate causes of action against one defendant
or if one plaintiff has separate causes of action against two or more
defendants or if two or more plaintiffs have separate causes of action against
two or more defendants, the separate causes of action may be joined in one
complaint, if they:
1) Arose out of the same transaction or series of transactions; and
2) There must be a common question of fact and law involved.
Thus, if it is one on one, do not apply the rule on joinder of parties.
Application of the Totality Rule
Example: A vs. B for P2,000,000 loan. Another cause of action, P50,000
based on promissory note. Another promissory note, P20,000. Both are
residents of Cebu City.

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.

Application of Joinder of Parties


There are three (3) plaintiffs against one (1) defendant (A, B, C v. X). A,
B, C are owners of low-cost houses separated by a high wall. Since the wall
was structurally defective, the wall collapsed, destroying the houses of A, B,
and C.
A claims P200,000; B claims P500,000; and C claims P1,000,000. (Dili
naman ni low-cost; high-cost naman ni). Which court do you file? MTC or RTC.
Of course, RTC. You apply joinder of parties. Why? Because it arose out of the
same incident and there was common question of fact and law. Common
question of fact collapse of the wall; common question of law negligence,
because the wall was structurally defective and no repair was made.
Joinder of Parties is Permissive (just like Joinder of Causes of Action)
Driver of Taxicab A was negligent. The passenger of Taxicab B
sustained injuries amounting to P20,000. The driver of Taxicab B also
sustained injuries amounting to P20,000. The owner of Taxicab B sustained
damages on his taxicab worth P30,000. Can they join their causes of action
against the driver and owner of Taxicab A?
Under permissive joinder of parties, the passenger, the driver, and the
owner may file one complaint against the driver and the owner of Taxicab A.
Or, they may also file three (3) separate complaints against the driver and
the owner of Taxicab A.
The Principle of Alternative Defendants
The parties are: one (1) plaintiff, two (2) or more defendants, involving
a three-storey building. The third storey was for aerobics; the second was an
internet caf. Water leaked from the third storey down to the second,
damaging several of the computers. The owner of the caf was not sure who
is at fault, whether it is the owner of the building or the owner of the aerobics
studio.
In this situation, the owner of the internet caf may join, in one
complaint for damages, the owner of the building and owner of the aerobics
studio, under the principle of alternative defendants.

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.

RULE 3 PARTIES TO CIVIL ACTIONS


Section 1. who may be parties; plaintiff and defendant.
Only natural or juridical persons, or entities authorized by law may be parties in a
civil action.
The term PLAINTIFF may refer to the claiming party, the counter-claimant, the
cross-claimant, or the third (fourth, etc.) party plaintiff.
The term DEFENDANT may refer to the original defending party, the defendant
in a counterclaim, the cross-defendant, or the third (fourth, etc.) party defendant.

REQUIREMENTS FOR A PERSON TO BE A PARTY TO A CIVIL ACTION


1. He must be a natural or juridical person or an entity authorized by
law;
2. He must have legal capacity to sue; and
3. He must be the real party in interest.
PLAINTIFFS those having an interest in the subject matter of the action or
in obtaining the relief demanded.
DEFENDANTS:
1. Persons who claim an interest in the controversy or the subject thereof
adverse to the plaintiff; or
2. Who are necessary to a complete determination or settlement of the
questions involved therein; or
3. All those who ordinarily should be joined as plaintiffs but who do not
consent thereto, the reason therefore being stated in the complaint.
Ventura v. Militante
Neither a dead person nor his estate may be a party plaintiff in a court
action. Capacity to be sued is correlative of the capacity to sue, to the same
extent, a descendant does not have the capacity to be sued and may not be
named a party defendant in a court action.
Who can be Parties in a Civil Action?
Only natural or juridical persons or entities authorized by law may be
parties to a civil action.
What is meant by Legal Capacity to Sue and Be Sued
It means that the party is free from general disability such as minority
or insanity. And in the case of a juridical person, it must be registered.
Examples of entities authorized by law estate of a deceased, political
party, registered labor union, Roman Catholic Church as a corporation sole,
etc.
Not all Parties may be made Parties to a Case
As a general rule, all parties for whom or against whom the case is
filed must be made parties to the case.
The following are the exceptions:
1. Class Suit if there are 10,000 members in the class, need not
include all of them. Twenty is enough.
2. Two or more persons associated in business under a common
name (Section 12, Rule 3).
3. Any of the co-owners may file an action.
Sec. 2. Parties in Interest.
REAL PARTY IN INTEREST - The party who stands to be benefited or injured by
the judgment in the suit, or the party entitled to the avails of the suit. Unless
otherwise authorized by law or these Rules, every action must be prosecuted or

defended in the name of the real party in interest.


Who is a real party in interest?
He is the party who stands to be benefited or injured by the judgment in the
suit or the party entitled to the avails of the suit.
Legal Standing (Locus Standi) v. Real Party in Interest
Legal standing or locus standi is a constitutional law concept; while real
party in interest is a civil procedure concept.
Every action must be prosecuted or defended in the name of the real party
in interest.
What is the meaning of interest in Section 2?
It means material interest. It is the interest in issue or the interest to be
affected by the decree as distinguished from a mere incidental or inchoate
interest.
Example: An action for recovery of possession cannot be maintained against
a person who is not in possession. Like replevin, for instance, you sue the person in
possession even if such person in possession is not the owner.
Same is true with forcible entry. It is also possessory action. File the case
against the person having possession of the property.
What is the consequence or remedy if an action is not brought in the
name of the real party in interest?
The legal remedy is to file a motion to dismiss on the ground of lack of cause
of action. This is because a person who is not a real party in interest has no right
that has been violated.
As mentioned, a cause of action only arises if there is a right which has been
violated by another and such violation caused damage or prejudice to the person
whose right was violated.
Failure to State a Cause of Action vs. Failure to Prove a Cause of Action
Do not confuse failure to state a cause of action from failure to prove a
cause of action.
Failure to state a cause of action is a ground for a motion to dismiss under
Rule 16; failure to prove a cause of action is a ground for a motion to dismiss under
the rule on demurrer to evidence.
Real Party in Interest may not Bring the Case Personally
While an action should always be brought in the name of a real party in
interest, it is not essential that the said party bring up the case personally. An
attorney in fact is allowed.
Sec. 3. Representatives as parties.
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
of the case and shall be deemed to be the real party in interest. A representative
may be a trustee of an express trust, a guardian, an executor or
administrator, or a party authorized by law or these Rules. An agent acting
in his own name and for the benefit of an undisclosed principal may sue or be sued

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.

Trustee of an express trust,


A guardian,
An executor or administrator, or
A party authorized by law or these Rules, and
An agent acting his own name and for the benefit of an undisclosed
principal may sue or be sued without joining the principal, when the
contract involves things belonging to the principal.

Minors or Incompetent Persons


As a general rule, a minor cannot sue or be sued. The exception: if he
is assisted by father, mother, guardian or if the minor has none of the above,
a guardian ad litem.
The complaint filed by the guardian must disclose who the ward is.
Guardian ad litem must attach the order of the court appointing him as the
guardian ad litem. If not, motion to dismiss (no legal capacity).
Sec. 6. Permissive joinder of parties.
Permissive Joinder of Parties
They must be joined as plaintiffs or defendants in one complaint where any
question of law or fact common to all such plaintiffs or common to all such
defendants may arise in the action.
What Transactions Refer To
Transaction refers not only to stipulation or agreement but any event
resulting in wrong without regard as to whether it has been done by violence,
neglect or breach of contract.
In joinder of causes of action, it is enough that the COA arose out of the same
contract, transaction, or relation. There is no need of a common question of fact or

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.

Order of Appearance of Representatives is Indispensable


If there is no order of appearance, the court cannot proceed because of
lack of due process, not lack of jurisdiction. The heirs should not be deprived or
your property without due process of law.
Refusal to Appear of Representatives
Counsel already filed a notice of death and court directed the legal
representatives to appear but they did not appear. Gi-sabotahe. Is it possible?
Yes. If you are the defendant, for example, and the case is for recovery of
possession and ownership. The plaintiff died. The court cannot proceed if the
plaintiff is not substituted. You are the defendant; the property is in your possession.
Do you still want to proceed with the trial? Of course not! You will benefit from the
non-appearance of the legal representatives of the plaintiff.
Remedy of Plaintiff not in Possession of Property in case of NonAppearance of Representatives of Defendant
If the defendant died and the representatives of the defendant will not
appear, what is the remedy of the plaintiff who is not in possession of the property?
The plaintiff will ask the court that the defendant be represented
through the appointment of an executor or administrator. This is the third
paragraph: If no legal representative is named by the counsel for the deceased
party, or if the one so named shall fail to appear within the specified period, the
court may order the opposing party, within a specified time, to procure the
appointment of an executor or administrator for the estate of the deceased and the
latter shall immediately appear for and on behalf of the deceased.
So if you are the plaintiff, you ask the court to appoint an executor or
administrator of the estate of the deceased defendant, and that executor or
administrator will represent the deceased defendant in court.
If the ward dies, who will represent the ward?
If ward dies, it is not guardian who will represent him because guardianship
has already been terminated. It is the heirs of the ward.
Remedy in Purely Personal Actions
If an action does not survive, meaning it is purely personal, the remedy is to
file a claim before the probate court under Rule 86.
Action for Foreclosure of Mortgage
An action for foreclosure of mortgage survives. Why does it survive? It
survives because what is in issue is property or property rights. It may be enforced
through a writ of execution against the estate of the deceased without filing a claim
before the probate court.
How will the court acquire jurisdiction over the person of the
representative?
By issuing an order for the appearance of the representative and the
representative receives that order, the court acquires jurisdiction over the person of
the representative. The issuance of summonses is not anymore necessary.
Disobedience to an order of appearance is punishable by contempt.

Order of Appearance is Indispensable to Due Process


An order of appearance is indispensable to due process.
But suppose, for example, there was no order for appearance but the heirs
appeared, cross-examined, and presented evidence, are the proceedings valid?
Yes, the proceedings are valid, pursuant to the principle of voluntary
appearance. The representatives submitted themselves to the jurisdiction of the
court on their own accord. So if the judgment against representatives is adverse,
they cannot claim deprivation of due process on the ground that there was no order
of appearance. The representatives were not deprived of due process because they
participated in the trial.
No Summonses for Substitute Defendants
Case: Ferreria, et al. v. Vda. de Gonzales no summonses are required to be
served on the substitute defendants. Instead, the order of substitution shall be
served to the party who substituted in the action left by the deceased.
Q. Order for the Amendment of the Complaint before Substitution
An order for the amendment of the complaint before substitution of the
parties is void.
Actions that Survive the Decedent
Actions to recover real and personal property, actions to enforce liens
thereon, actions to recover for an injury to a person or property by reason of tort or
delict committed by the defendant. In other words, cases involving property or
property rights.
Lack of Order of Substitution
No order of substitution issued, trial is null and void.
Sec. 17. Death or separatiom of a party who is a public officer.
Action may be continued and maintained by or against his successor.
Sec. 18. Incompetency or incapacity.
Must be assisted by his legal guardian ad item
Sec. 19. Transfer of Interest.
Who is the real party in interest?
The original owner remains the real party in interest.
So is it necessary for the transferee to be impleaded?
No. He is not an indispensable party. He is only a necessary party. The
original party may continue the case, unless the court will order that the transferee
be substituted or joined in the case.
The rule is not mandatory. It says that the action MAY be continued against
the original party, unless the court upon motion directs the person to whom the
interest is transferred to be substituted in the action or joined with the original
party.

Not Formal Parties but entered into Compromise Agreement


Persons who are not formal parties to a civil case but who willingly and
voluntarily entered into a compromise agreement are bound thereby. This is an
instance where a person absolutely not a party to the action may be bound by the
judgment.
For example, X v. Y entered into a compromise agreement. But Z, although
absolutely had no interest in the case, also signed the compromise agreement.
Then, there was judgment based on the compromise agreement. Z is bound by the
judgment, unless there was a vice of consent.
Transferee Pendente Lite is not an Indispensable Party
Case: Heirs of Francisco Goballa v. CA A transferee pendente lite is a
necessary but not an indispensable party.
Warning: If the interest in the property was transferred before the action
was filed, the real party in interest is the transferee.
Thus, if the property was in the possession of X and this was sold by him to Z
before Y filed an action for recovery of possession and ownership, the real party in
interest is not X but Z.
Sec. 20. Action on contractual money claims.
Two Important Aspects
1. Action must primarily be for recovery of money, and not when the action is
primarily for some other relief. If action for recovery of money is merely incidental,
action may be dismissed.
2. The action must arise from a contract or contractual obligation incurred
during the lifetime of the deceased. It should not arise from a quasi-delict.
Sec. 21. INDIGENT PARTY one who has no money or property sufficient and
available for food, shelter and basic necessities for himself and his family.
Exempted from paying docket fees; but a lien on the judgment is created.
Any adverse party may contest the grant of such authority at any time before
judgment is rendered by the trial court.
Adverse Party may Contest
The adverse party may question the grant of such authority to litigate as
indigent. Court will conduct hearing. If the court finds that plaintiff has sufficient
property, it will order the plaintiff to pay.
Period for Payment
If the court finds that the plaintiff has sufficient income or property, it shall
assess the correct docket fees and collect the same. The plaintiff is given fifteen
(15) days to pay.
Perjury
The application is under oath. Thus, the plaintiff may be prosecuted for
perjury.

Sec. 22. Notice to the Solicitor General.


In any action involving the validity of any treaty, law, ordinance, executive
order, presidential decree, rules or regulations, the court, in its discretion,
may require the appearance of the Solicitor General who may be heard in person or
through a representative duly designated by him.
RULE 4 VENUE OF ACTIONS
No motu proprio dismissal
Question: If the court finds that venue is improperly laid, may the court
motu proprio dismiss the action? The answer is no. There must be a motion to
dismiss. Why? This is because venue is for the convenience of the parties.
Remedy if court refuses to dismiss the case
Suppose the venue is improperly laid and there is
but the court nevertheless proceeded with trial. If you
defendant, what is your legal remedy?
The remedy is a special civil action for
prohibition and not certiorari? This is because there is
jurisdiction.

a motion to dismiss
are the counsel for
prohibition. Why
lack of territorial

Venue is Procedural not Jurisdictional


Venue is a procedural, not a jurisdictional, matter. It is the place where
an action must be instituted and tried.
Venue in Criminal Cases
But in criminal cases, venue is jurisdictional. If venue is improperly laid,
then the remedy is to file a motion to dismiss.
Section 1. Venue of REAL ACTIONS.
Actions affecting title to or possession of real property, or interest therein,
shall be commenced and tried in the proper court which has jurisdiction over the
area wherein the real property involved, or a portion thereof, is situated.
Forcible entry and detainer actions shall be commenced and tried in the
municipal trial court of the municipality or city wherein the real property involved, or
a portion thereof, is situated.
Sec. 2. Venue of personal actions.
All other actions may be commenced and tried where the plaintiff or any of the
principal plaintiffs resides, or where the defendant or any of the principal
defendants resides or in the case of a non-resident defendant where he may be
found, at the election of the plaintiff.
Actions in Personam, In Rem and Quasi-in-Rem
1. Actions in Personam The purpose of a proceeding in personam is to
enforce personal rights and obligations, such as support, against the person and is

based on the jurisdiction of the person. So if the action is in personam, it is


indispensable that the court acquires jurisdiction over the person of the defendant.
2. Actions In Rem or Quasi-in-Rem They are brought against a person in
order to subject the property of a person to discharge the claims assailed.
In actions in rem or quasi-in-rem, it is not necessary that jurisdiction over the
person of the defendant is acquired. What is only important is to acquire jurisdiction
over the res.
In actions quasi-in-rem, a defendant is named but the purpose of the
proceeding is to subject his interest to the obligation or loan burdening the property.
Actions quasi-in-rem deal with status, ownership, or liability over a particular
property.
Personal Actions v. Action in Personam and Real Actions v. Action in Rem
An action in personam is not necessarily a personal action, nor is a real action
necessarily an action in rem.
An in rem or in personam action is a classification of an action according to the
object of the action;
a real or personal action is a classification of an action according to foundation.
Action for Ejectment Real Action but In Personam
An action for ejectment is a real action because it involves possession of real
property. But at the same time, it is an action in personam because it is directed
against a particular person.
Action for Declaration of Nullity of Marriage Personal Action but In Rem
An action for declaration of nullity of marriage is a personal action (wife
against the husband or husband against the wife), but it is also an action in rem
because the judgment of the court is binding against the whole world.
Action for Damages Both a Personal Action and In Personam
An action for damages is both a personal action and an action in personam.
Recovery of Real Property Real Action but In Personam
Recovery of real property is a real action but it is also an action in personam
because it binds only a particular individual.
Actions Quasi-in-Rem
The action is quasi-in-rem if the object is the disposition is the disposition of
property whether by attachment, foreclosure or any other form of remedy.
Examples: actions for partition, accounting, attachment, foreclosure.
Action for Specific Performance
Action for specific performance is in personam. In an action in personam,
jurisdiction over the person of the defendant is necessary for the court to validly try
and decide the case.
What is the meaning of jurisdiction over the res?
It refers to the courts jurisdiction over the thing or property which is the

subject of the action.


Actions In Rem and Quasi-in-rem; Summons is required
If the action is in rem or quasi-in-rem, jurisdiction over the person of the
defendant is not required. Then why serve summons on the defendant in his last
known address? The only purpose is to comply with the rules on due process and
fair play. But it is actually a useless requirement.
What are real actions?
Real actions are actions affecting title to or possession of or interest in real
property, foreclosure, and expropriation.
Venue
Real actions shall be commenced and tried in the proper court which has
jurisdiction over the area where the real property involved or portion thereof is
situated.
Proper court means either the RTC or the MTC.
Forcible Entry and Unlawful Detainer
Forcible entry and detainer actions shall be commenced and tried in the
municipal trial court of the municipality or city wherein the real property involved, or
a portion thereof, is situated.
Venue of Personal Actions
Personal actions are commenced and tried where the plaintiff or any of the
principal plaintiffs resides, or where the defendant or any of the principal
defendants resides.
Principal not Formal or Nominal
So it is necessary that the action is filed where the principal plaintiffs or
defendants reside, not where formal or nominal party resides.
Non-Resident Defendant
In personal actions where the defendant is a non-resident, the action shall be
filed in the place where he may be found, at the election of the plaintiff.
So if the last residence of the non-resident defendant is Marco Polo, you file
the case here in Cebu City, either in the MTC or the RTC.
Several Parcels of Land in Several Provinces
Where the subject matter of the real action involves several parcels of land
located in several provinces, but there is only one contract, where is the venue of
the action?
Venue may be determined either by the singularity or plurality of
transactions. If there is only one, then the venue shall be in any of the courts of the
provinces where any of the parcels of land are located.
Examples of Real Actions
Actions for the annulment or rescission of the sale and the return of realty,
actions to compel the vendor to accept payment of purchase price, and actions to
compel the vendor to deliver the certificate of title of the land are real actions and

the location of the land determines the venue of the action.


Action to Compel the Mortgagee to Accept Payment and Cancellation of
Real Estate Mortgage
Such an action is a personal action, provided that, the mortgagee has not
foreclosed the mortgage and the mortgagor is in possession of the premises.
What is the meaning of residence in relation to venue?
It is actual and physical residence. It is different from residence in elections
law which is understood as domicile, and there is animus revertendi and animus
manendi. Thus, residence here is understood as personal, actual and physical
habitation.
Thus, if you are a resident of Ozamis City but you are actually studying here
in Cebu City, then for purposes of venue, your residence is in Cebu City because you
are actually present here.
Sec. 3. Venue of actions against non-residents.
If any of the defendants does not reside and is not found in the
Philippines, and the action effects the personal status of the plaintiff, or
any property of said defendant located in the Philippines, the action may be
commenced and tried in the court of the place where the plaintiff resides, or where
the property or any portion thereof is situated or found.
Venue if there is more than one plaintiff or more than one defendant
Remember that if there is more than one plaintiff or more than one
defendant, the residence of the principal parties shall be the basis of the venue of
the action.
Otherwise, the purpose of the rule will be defeated where a nominal or formal
party is impleaded in the action, since the matter would not have the degree of
interest in the subject of the action which would warrant and entail the desirably
active participation expected of litigants in a case.
Plaintiff is a Non-Resident but Permitted to Sue
In cases where the plaintiff is a non-resident but is permitted to sue, like a
foreign corporation, the venue of action in the case of personal actions shall be
the place where the defendant resides. If it is a real action, the venue is in the place
where the property or any portion thereof is situated.
In its proper sense, alternative venue granted to plaintiffs is not available to
said corporations.
Venue in Libel Cases
Venue in libel is different. If there is a public officer holding office in Manila,
the suit shall be brought in one of the courts in Manila.
If the public officer holds office outside Manila, then the suit shall be brought
in the place where he holds office or in the place where the publication was first
published.

Sec. 4. When Rule not applicable,


(a) In those cases where a specific rule or law provides otherwise; or
(b) Where the parties have validly agreed in writing before the filing of the
action on the exclusive venue thereof.

RULE 5 UNIFORM PROCEDURE IN TRIAL COURTS


Section 1. Uniform procedure.
The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial
Courts, EXCEPT
(a) Where a particular provision expressly or impliedly applies only to either of
said courts, or
(b) In civil cases governed by the Rule on Summary Procedure.
Sec. 2. Meaning of terms.
The term Municipal Trial Courts as used in these Rules shall include Metropolitan
Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal
Circuit Trial Courts.

PROCEDURE IN THE REGIONAL TRIAL COURTS


RULE 6 KINDS OF PLEADINGS
Sec. 1. Pleadings defined.
PLEADINGS are the written statements of the respective claims and defenses of
the parties submitted to the court for appropriate judgment.
Sec. 2. PLEADINGS ALLOWED.
1. Complaint
2. Counterclaim
3. Cross-claim
4. Third(fourth, etc.) party complaint, or
5. Complaint-in-intervention
6. Answer to the pleading asserting a claim against him
7. Reply
Sec. 3. COMPLAINT
The complaint is the pleading alleging the plaintiffs cause or causes of action. The
names and residences of the plaintiffs and defendant must be stated in the

complaint.

COMPLAINT should contain a concise statement of the ultimate facts


constituting the plaintiffs cause of action, not evidentiary facts or legal
conclusions.
ULTIMATE FACTS - the essential facts constituting the plaintiffs cause of
action. They are NOT:
o
o
o
o

Evidentiary or immaterial facts


Legal conclusions, conditions or inferences of facts from facts not
stated, or incorrect inferences or conclusions from facts stated.
The details probative matter or particulars of evidence, statements of
law, inferences and arguments.
All allegation that a contract is valid or void is a mere conclusion of
law.

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.

RULE 7 PARTS OF A PLEADING


Sec. 1. CAPTION.
The caption sets forth the name of the court, the title of the action, and the docket
number if assigned.
The TITLE OF THE ACTION indicates he names of the parties. They shall all be
named in the original complaint or petition; but in subsequent pleadings, it shall
be sufficient if the name of the first party on each side ne stated with an
appropriate indication when there are other parties.
Their respective participation in the case shall be indicated.
Names of Parties
Title indicates the names of the parties. They shall all be named in the
original complaint or petition. But in subsequent proceedings, it shall be sufficient
if the name of the first party is stated and the names of the other parties are
stated through an appropriate suffix. Example: Juan dela Cruz, et al.

Instances when the names of the parties must be included:


1. In the complaint;
2. In the caption of the record on appeal.
Inaccurate Names not Fatal
Inaccurate names or designations of the pleadings are not fatal. In fact,
even if the decision is already final and executory, the same may be amended.
Clerical or typographical errors, and inaccuracy of names, these are correctible,
even for the first time on appeal.
Doctrine of Immutability
Under the doctrine of immutability, once a judgment has become final and
executory, it can never be changed for as long as the court has jurisdiction over
the subject matter. Not even the Supreme Court can change a decision that has
already become final and executory even if the judgment is erroneous.
Exception: Clerical and typographical errors, such as inaccuracy in
names.
Conflict between Designation and Body
In case of conflict between the designation and the body, the allegations
or statements in the body prevail.

Sec. 2. The body.


The BODY OF THE PLEADING sets forth its designation, the allegations of the
partys claim or defenses, the relief prayed for; and the date of the pleading.
(a) PARAGRAPHS.
(b) HEADINGS
(c) RELIEF
(d) DATE- Every pleading shall be dated.
Sec. 3. SIGNATURE and ADDRESS.
Every pleading must be signed by the party or counsel
The signature of counsel constitutes a certificate by him that:
(1) He has read the pleading;
(2) That to the best of his knowledge, information, and belief there is good
ground to support it; and
(3) That it is not interposed for delay.
GR: An unsigned pleading produces no legal effect.
Except: the court may, in its discretion, allow such deficiency to be remedied
if:
(1) Its shall appear that the same was due to mere inadvertence, and
(2) Not intended for delay.
Counsel shall be subject to appropriate disciplinary action. If he:
(1) Deliberately files an unsigned pleading, or
(2) Signs a pleading in violation of this Rule, or

(3) Alleges scandalous incident or matter therein or


(4) Fails to promptly report to the court a change of his address.
Sec. 4. VERIFICATION.
Except when otherwise specially required by law or rule, pleadings need not be
under oath, verified or accompanied by affidavit.
A pleading is verified by an affidavit that the affiant has read the pleading and that
the allegations therein are true and correct of his knowledge and belief.
A pleading required to be verified which contains a verification based on
information and belief, or upon knowledge, information and belief, or lacks a
proper verification, shall be treated as an unsigned pleading.
Remedy of the plaintiff if the pleading which must be verified was not
verified
If a pleading must be verified under the Rules and it is not verified, the
court will not be justified in dismissing the case for lack of verification. This is
because verification is not a jurisdictional defect. It is just a formal defect
which can be corrected by an amendment. So the court can just order the
party-plaintiff, within a period of 10 days from receipt of the Order, to have the
complaint verified.
Sec. 5. CERTIFICTION AGAINST FORUM SHOPPING.
The plaintiff or principal party shall certify under oath in the complaint or other
initiatory pleading asserting a claim for relief, or in a sworn certification annexed
thereto and simultaneously filed therewith:
(a) That he has not therefore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency and
, to the best of his knowledge, no such other action or claim is pending
therein;
(b) If there is such other pending action or claim, a complete statement of the
present status thereof; and
(c) If he should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report that fact within five (5) days there
from to the court whereir, his aforesaid complaint or initiatory pleading has
been filed.
Effect of non-compliance: Failure to comply with the foregoing requirements
shall not be curable by mere amendment of the complaint or other initiatory
pleading but shall be cause for the dismissal of the case without prejudice,
unless otherwise provided, upon motion and after hearing. The (1) submission
of a false certification or (2) non-compliance with any of the undertakings therein
shall constitute indirect contempt of court, without prejudice without
prejudice to the corresponding administrative and criminal actions. If the
acts of the party or his counsel clearly constitutes willful and deliberate forum
shopping, the same shall be ground for summary dismissal with prejudice
and shall constitute direct contempt, as well as a cause for
administrative sanctions.
FORUM SHOPPING - consist of filing multiple suits in different courts, either
simultaneously or successively, involving the same parties, to ask the courts

to rule on the same or related cause and/or to grant the same or substantially
the same reliefs.
TEST IN
1.
2.
3.

DETERMINING FORUM SHOPPING


Identity of parties,
Rights or causes of action; and
Reliefs sought

The certificate of non-forum shopping should be signed by the party,


not his counsel.
Tests of Forum Shopping
a. Is there litis pendentia?
b. Is there res judicata?
RULE 8 MANNER OF MAKING ALLEGATIONS IN
PLEADINGS
Manner of making allegations
1. Methodical and logical form;
2. Plain concise direct statement of the ultimate facts;
3. Omitting statements of mere evidentiary facts.
4. If a defense relied on a special law, then state clearly and concisely
the law relied upon.
Allegations of Capacity
a. Capacity of party to sue or be sued or the authority of a party to sue or
be sued in a representative capacity or the legal existence of an
organized association that is made a party must be averred;
b. To raise an issue as to the legal existence of a party or the capacity of
a party in a representative capacity, do so by specific denial, including
such supporting particulars as are peculiarly within the pleaders
knowledge.
Action or Defense based on Document
a. Substance such document set forth in the pleading;
b. Original or copy attached to the pleading as exhibit and deemed to be
part of the pleading; OR
c. Copy may be set forth in the pleading with like effect.
How to contest an Actionable Document
Genuineness and due execution of instrument deemed admitted unless
adverse party:
a. Specially denies them under oath;
b. Sets forth what he claims to be the facts.
Requirement of an Oath does not apply

i.
ii.

When adverse party does not appear to be a party to the


instrument; or
When compliance with an order for an inspection of the original
instrument is refused.

Admission of Genuineness and Due Execution


i.
Party whose appears admits that the he signed it, or that it was
signed by another with his authority
ii.
Was in words and figures as set out at the time it was signed
iii.
Document was delivered
iv.
Any formal requisites required by law which it lacks are waived by
him
THE FOLLOWING DEFENSES ARE CUT-OFF BY ADMISSION OF
GENUINENESS AND DUE EXECUTION OF THE DOCUMENT:
i.
Signature is a forgery
ii.
Signature is unauthorized
iii.
Corporation is not authorized under its charter to sign the
instrument
iv.
Party charged signed the instrument in some other capacity than
that alleged in the pleading setting it out
v.
Document was never delivered.
Specific Denial
a. Defendant must specify each material allegation of fact the truth of
which he does not admit;
b. Defendant must set forth the substance of the matters upon which he
relies to support his denial, whenever practicable;
c. If denying only part of an averment, he shall specify so much of it as is
true and material and shall deny the remainder;
d. If defendant does not have knowledge or information sufficient to form
a belief as to the truth of a material averment, he shall so state and
this has effect of denial.
NEGATIVE PREGNANT a denial which at the same time involves an
admission of the substantial facts in the pleading responded to.
Allegations not specifically denied [other than those as to amount of
unliquidated damages], are deemed admitted.
*United Airlines v. CA (2001) The rule authorizing an answer that the
defendant has no knowledge or information sufficient to form a belief as to
the truth of an averment and giving such answer the effect of a denial, does
not apply where the fact as to which want of knowledge is asserted is so
plainly and necessarily within the defendants knowledge that his averment
of ignorance must be palpably untrue.
RULE 9 EFFECT OF FAILURE TO PLEAD

GENERAL RULE: Defenses and objections not pleaded in answer or motion


to dismiss are deemed waived (Omnibus Motion Rule).
EXCEPTION: Court shall dismiss the claim, even without allegation in answer
or motion to dismiss, if any of the following appear from the pleadings or the
evidence on record:
a.
b.
c.
d.

Lack of jurisdiction over the subject matter;


Litis pendentia between same parties for the same cause;
Res judicata
Action barred by statute of limitations.

The following are not waived even if not denied:


1. Immaterial allegations;
2. Incorrect conclusion of facts;
3. Conclusions of law;
4. General averment contradicted by specific averment;
5. Unliquidated damages;
6. Default;
7. Annulment of marriage; and
8. Legal separation.
Declaration of Default
a. Defendant entitled to notice of motion to him declare in default and of
order of default;
b. Motion to set aside order of default maybe filed after notice and before
judgment;
c. Party may make motion, under oath, to set aside order of default upon
proper showing that failure to answer was due to FAME (fault, accident,
mistake, excusable negligence) AND that he has a meritorious defense;
d. Effect of order of default party in default entitled to notice of
subsequent proceedings but not to take part in trial;
e. Partial default if several defending parties and not all in default, the
court shall try the case against all upon the answers thus filed and
evidence presented;
f. After declaration of default , court may render judgment on the basis of
the complaint or require claimant to submit evidence;
g. Judgment against party in default shall not exceed the amount or differ
in kind from that prayed for nor award unliquidated damages;
h. No defaults in action for annulment or declaration of nullity of marriage
or for legal separation.
*Mediserv v. China Bank (2001) An Omnibus Motion that is not executed
under oath as required by rule 9, Sec. 3 (b), may not be granted. Also, an
Affidavit of Merit is defective for failing to aver any fact which constitutes

movants good and substantial defense nor allege circumstances constituting


the mistake or excusable negligence.
RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS
Amendments of Pleadings may be made once as a matter of right
a. At any time before responsive pleading is served.
b. In the case of a reply, anytime within 10 days after service.
Plaintiff may amend complaint as a matter of right even after
defendant files a Motion to dismiss, since the same is not a responsive
pleading.
Substantial amendments may only be made with leave of court,
except as provided above.
An amended pleading supersedes the pleading that it amends but
admissions in superseded pleadings may be received in evidence against
the pleader. (NOT judicial admissions anymore; thus, must be formally
offered)
Claims and defenses alleged in original but not incorporated in the
amended pleading shall be deemed waived.
Limitations on the Right to Amend Pleadings
a. It cannot change substantially the cause of action or defense or theory;
b. It cannot alter a final judgment on a substantial matter;
c. It cannot cure a premature or non-existing cause of action;
d. It cannot be used to delay the proceedings.
Amended and Supplemental Pleadings
AMENDED
Refers to facts existing at the time of the
commencement of the action
Results in the withdrawal of the original
pleading
Can sometimes be made as a matter of
right

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

Circumstances when Supplement Pleadings may be Filed- There must


be:
a. A motion to that effect
b. Reasonable notice;
c. Under such terms as are just.
Amendments not allowed:
1. Pleadings of adverse party;
2. To confer jurisdiction, especially if there is already an answer;

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.

Vda de Espiritu v. CFI of Cavite


A judgment or final order by ordinary mail does not become executory
since the service is fatally defective. Personal service of judgment upon the
party not to his counsel of record is not permitted.
ITT v. CA
Rule in Evidence that Presumption of regularity in the performance of
official functions does not apply in the service of pleadings.
But if the postmaster certifies that such notice was sent, the
presumption arises and overrides the contrary claim of the addressee.
Note: In service of pleadings ordinary mail or registered mail is
allowed. But service through ordinary mail is not allowed in service of
summons including the filing of pleadings in court
When is service complete?
1. Personal service: complete upon actual delivery
2. Ordinary mail: complete upon expiration of 10 days after mail
3. Registered mail: complete upon actual receipt by the addressee or
after 5 days from the date he received the first notice of the
postmaster
Barrameda v. Castillo
For completeness and proof of service by registered mail, there is no
presumption of regularity. There must be clear compliance with postal
regulations governing the sending and receipt of notice, referred to in Section
10 Rule 13.
RULE 14 SUMMONS
CONTENTS OF SUMMONS
a. Signed by the clerk under the seal of the court
b. Name of the court and the parties to the action
c. Direction that the defendant answer within the time fixed by these
rules
d. Notice that unless defendant so answers, plaintiff will take judgment by
default
KINDS OF SERVICE OF SUMMONS:
a. PERSONAL
i. Handing a copy to the defendant in person; OR
ii. If he refuses to receive and sign for it, by tendering it to him
b. SUBSTITUTED
i. Leave copies at his residence, with a S.A.D. person (S.A.D. means: of
suitable age and discretion residing therein); OR
ii. Leave copies at defendants office/regular place of business, with
competent person in charge thereof.

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

c. On any of its officers or agents within the Philippines.


NOTE: IF NO RESIDENT AGENT, SERVICE OF SUMMONSES AND PROCESSES
ON THE SEC.
NEWSPAPER OF GENERAL CIRCULATION (RA 4883, PD 1079)
a. Published for the dissemination of local news and general information
b. Has a bona fide subscription, list of subscribers
c. Published at regular intervals
d. Published for nor devoted to the interest of a particular group of
persons
e. Must have been regularly published for at least 2 years before the date
of the publication in question.
Mere filing of an answer per se should not be automatically treated as
a voluntary appearance by the defendant for the purpose of summons.
It should be noted that when the appearance of the defendant is
precisely to object to the jurisdiction of the court over his person, it
cannot be considered as an appearance in court.
Ongpin vs. Custodio
Thats the case of Ongpin vs. Custodio. If the defendant has not
appeared by filing adversary pleadings and an amended complaint
introducing new causes of action, a new summons must be served upon him
as regards the amended complaint.
If the original complaint: x ug y lang. but amended complaint: x, y, z.
with respect to z, the prescriptive period, iphon pag dawat ni z. If original
complaint was filed against x and y, wala pa muprescribe and then an
amended complaint was filed including z and at the time z receiving
summons, the action has already prescribed. The case will be dismissed as
against him.
RULE 15 MOTIONS
MOTION an application for relief other than by pleading. It may be final or
interlocutory.
What are the two kinds of motions?
a) Motion of course it is a motion for certain kind of relief or remedy
to which the movant is entitled as a matter of right & not a matter of
discretion.
b) Special motion discretion of court is involved; hearing required.
Motions must be in writing
Two exceptions:
1. When made in open court
2. Made during the course of a hearing or trial
Contents of a Motion
1. Relief sought to be obtained

2. Grounds upon which it is based


3. Affidavits and other papers, if required by the Rules or when necessary
Motions shall be set for hearing
Exception when the court may act upon such motion with prejudice to the
rights of the adverse party
Example (without a hearing):
Ex parte motions motion for extension of time to file pleadings,
motion for extension time to file an answer, motion for extension of
time to file record on appeal.
GR: Motions must be served at least 3 days prior to date of hearing
EXCEPTIONS:
a. Ex parte motion
b. Urgent motion
c. When courts sets hearing on shorter notice for good cause
d. Motion for summary judgment (must be served at least 10 days before
the hearing)
A prudent judge would, in the absence of the opposing party in the
hearing of a motion, inquire from the other party or inquire from the
records the proof of the service of notice rather than proceed with the
hearing. He should not yet on a partys undertaking to notify the adverse
party of a scheduled hearing. The judge must demand what the rule
requires, i.e. proof of such notice on the adverse party. Otherwise, a
contentious motion should be considered a mere scrap of paper which
should not have even been received for filing.
Subsequent service of the motion on the adverse party may be
considered substantial compliance with the Rule 15, & 6. Failure to attach
to the motion proof of service thereof to the adverse party is not fatal
when the adverse party had actually received a copy of the motion and
was in fact present in court when the motion was heard.
Proof of service necessary
A motion that does not comply with the requirements of the Rules of Court
regarding notice of time and place of hearing of the motion and proof of
service thereof, is nothing but a piece of paper filed with the court. It
presents no question which the court could decide. The court has no right
to consider it, and the clerk has no right to receive it. It is not, in fact, a
motion.
OMNIBUS MOTIONS a motion attacking a pleading, order, judgment or
proceeding shall include all objections then available, all those not included
shall be deemed waived.
EXCEPTIONS:
1. Lack of jurisdiction

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

3. Order the amendment of pleading


IF the motion is denied then the movant has the balance of the period to file
a responsive pleading to file his answer, but it should not be less
than 5 days.
Motion to dismiss granted based on the following is a bar from
refilling of the same action
1. Action is barred from prior action
2. Claim has been paid, waived, abandoned or extinguished
3. Claim is unenforceable
4. Res judicata
If a motion to dismiss is based on failure to state cause of action, the
rule is if detect may be corrected by amendment, court should allow
amendment; however of plaintiff cannot or does not amend, dismissal is
with prejudice.
Grounds for motion to dismiss may be pleaded as an affirmative
defense during trial even if the motion to dismiss has been denied.
The dismissal of the complaint shall be without prejudice to the
prosecution in the same or separate action of a counterclaim pleaded in the
answer.
A motion to dismiss on the ground of failure to state a cause of
action in the complaint must hypothetically admit the truth of the
facts alleged in the complaint. The admission, however, is limited only to
all material and relevant facts which are well pleaded in the complaint. The
demurrer does not admit the truth of mere epithets charging fraud; nor
allegations of legal conclusions; nor an erroneous statement of law; nor
matters of evidence; nor to legally impossible facts.
Rule 16
Grounded on
preliminary
objections
File w/in 15 days
Any defending
party

Demurrer to
Evidence
Based on
insufficiency of
evidence
After plaintiff has
rested his case
By defendant only

RULE 17 DISMISSAL OF ACTION


Plaintiff may cause the dismissal of an action by filing of a notice thereof
before the service of the answer or of a motion of summary judgment. Such
dismissal is without prejudice except:
1. It is stated in the notice that dismissal is with prejudice

2. Plaintiff has once dismissed in a competent court an action based on


the same claim
(TWO-DISMISSAL RULE). If plaintiff has previously filed a notice of
dismissal of the action before a competent court involving the same claim,
the filing of the second notice of dismissal operates as adjudication on
the merits and is already with prejudice.
Dismissal of the action does not count as a bar to the institution of an
action by the defendant which he could have brought as a cross claim or
counter claim.
*National Coconut Corp. v. Kalaw, et al., 94 Phil 282 (1954) When
two dismissal rule does not apply. Rule 17 contemplates a case wherein the
first action was dismissed finally, followed by the dismissal of a second action
base on or including the claim covered by the first action. The Rules does not
apply to a situation where the first action is still pending, and the claim
involved was merely reinstated in the pending first action.
If a counterclaim has been pleaded before the plaintiffs motion to
dismiss, dismissal is only limited to the complaint.
Dismissal due to the fault of the plaintiff may be motioned by the defendant
or upon courts own order, such is with prejudice to filing a new action.
Instances of plaintiffs own fault (hence, dismissal is with prejudice
to the filing of a new action):
1. Failure of the plaintiff to appear without justifiable cause on
date of presentation of evidence (does not apply to probate of wills)
2. Failure of the plaintiff to prosecute his action for an
unreasonable length of time
3. Failure of plaintiff to comply with the Rules of Court or any
court order
The same rules apply to counter claim cross or third party complaint but must
be made before a responsive pleading or motion for summary judgment is
served or if none, before introduction of evidence.
However, the dismissal of a petition for probate of a will in a previous special
proceedings due to the failure of the petitioner and his counsel to appear on
the date and time set for the hearing thereof is not an adjudication on the
merits.
GR: A dismissal under this paragraph shall be without prejudice.
EXCEPTIONS: 1) if it is otherwise stated in the order granting the motion to
dismiss; or 2) in the motion to dismiss itself.
RULE 18 PRE TRIAL

PRE-TRIAL a MANDATORY conference and personal confirmation before


the judge between the party litigants and their respective counsel.
Pre-trial is done after the last pleading is served and filed, plaintiff must
move ex parte that case be set for pre-trial.
Court considers the following during pre-trial:
a. Possibility of amicable settlement or arbitration
b. Simplification of the issues
c. Amendments to the pleadings
d. Stipulations or admissions of facts and documents
e. Limitation of number of witness
f. Preliminary reference of issues to a commissioner
g. Propriety of judgment on the pleadings, summary judgments, or
dismissal of action
h. Advisability or necessity of suspending the proceedings
i. Other matters for the prompt disposition of the action
Non-appearance during pre-trial must be for valid cause shown or if the party
is represented by a person authorized by him in writing to enter into an
amicable settlement, submit to alternative modes of dispute resolution or
enter stipulations and admissions.
Failure to appear during pre-trial will cause:
If plaintiff dismissal with prejudice, unless otherwise ordered by the Court.
If defendant plaintiff may be allowed to present evidence ex parte and the
Court to render judgment on the basis thereof.
Parties must file a pre-trial brief and ensure receipt of such at least 3
days before date of pre-trial.
The pre-trial brief shall contain, among others:
a. A statement of their willingness to enter into an amicable settlement
b. The summary of admitted facts and proposed stipulation of facts
c. The issues to be tried or resolved
d. The documents or exhibits to be presented, stating the purpose thereof
e. A manifestation of their having availed of or their intention to avail
themselves of discovery procedures or referral to commissioners
f. The number and names of the witnesses, and the substance of their
respective testimonies
Failure to file the pre-trial brief shall have the same effect as failure
to appear at the pre-trial.
There shall be a record of the pre-trial where in the court issues an order
which recites matters taken up during the pre-trial.

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.

Defendants are already original parties to


the pending suit.

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.

Denial of motion for intervention is final and appealable.


Remedy for allowing or denying motion for intervention- either
certiorari or mandamus (to prevent multiplicity of suits)

When intervention is not allowed?

2 instances:
Judgment is already final and executor
EXC: intervenor is an indispensable party

Intervention would unduly delay the proceedings and the rights


of the intervenor could be duly protected in a separate proceeding.

If intervention is denied, the remedy is appeal because the order


denying intervention is final.

EXC: if there is grave abuse of discretion and appeal is not an speedy


and adequate remedy, the remedy is certiorari or mandamus to
compel intervention

RULE 20 CALENDAR OF CASES


Clerk of court keeps a calendar of cases for pre-trial, trial, those whose trials
have been adjourned or postponed and those motions set for hearing.
Preference of dates shall be given to habeas corpus, election, special civil
action and those cases so required by law.
Assignment of cases shall be done exclusively by raffle in open session with
notice, so parties or counsel will be prevented from choosing judges to hear
their case.
RULE 21 SUBPOENA
SUBPOENA is a process directed to a person requiring him to attend and
testify at a hearing or trial or investigation or for the taking of his deposition.
SUBPOENA DUCES TECUM process which requires a person to bring with
him books, documents or other things under his control.
SUBPOENA AD TESTIFICATION - process which requires a person to
attend and to testify at the hearing or the trial of an action or at any
investigation conducted by competent authority or for the taking of his
deposition.
SUBPOENA

SUMMONS

An order to appear and testify or to


produce books and documents
May be served to a non-party
Needs
tender
of
kilometrage,
attendance and reasonable cost of

Order to answer a complaint


Served on the defendant
Does not need tender of kilometrage and
other fees

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.

RULE 22 COMPUTATION OF TIME


To compute for time period, the first day (or the day of the act or event from
which the designated period is to run) shall be excluded while the last day
shall be included.
If the last day fall on a Saturday, Sunday or a non-working legal holiday in the
place where the court sits, time shall not run until the next working day.
If period is interrupted, the period shall start to run after the cessation of the
cause of such interruption. The day of the act that caused the interruption is
excluded from the computation of the period.
MODES OF DISCOVERY: RULE 23 -29

It is for the perpetuation of testimony.


It is cumulative denial of Bill of particular does not bar the use of
Modes.
Prevents surprises and helps the party prepare.

BILL OF PARTICULARS

MODES OF DISCOVERY

To make ultimate facts more definite


To prepare for responsive pleading

To discover evidentiary facts


To prepare for trial (abbreviates trial)

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.

Limitations to Modes of Discovery;


1. When it can be shown that the examination is being conducted in bad
faith.
2. When it can be shown that the examination is being conducted in such
a manner as to annoy, embarrass, or oppress the person subject
to the inquiry.
3. Irrelevant
4. Privileged matters
*Autographs, Inc. v. CA, GR No. 95863, 1 July 1993
The right of a party to take depositions as means of discovery is not exactly
absolute. This is implicit in the provisions of the Rules of Court cited by
appellants themselves, sections 16 and 18 of Rule 24, which are precisely
designed to protect parties and their witnesses, whenever in the opinion of
the trial court, the move to take their depositions under the guise of
discovery is actually intended to annoy. Embarrass or oppress them. In such
instances, these provisions expressly authorize the court to either prevent
the taking of a deposition or stop one that is already being taken.
*Fortune v. IAC, GR No. 108119, 19 Jan 1994
1. It is of great assistance in ascertaining the truth and in checking and
preventing perjury. The reasons for this are:
a. The witness (including a party) is examined while his memory is
fresh:
b. The witness (including a party) is generally not coached in
preparation for a pre-trial oral examination is upon written
interrogatories, however, it appears that some lawyers furnish the
witness with copies of the interrogatories and thereby enable him to
prepare his answers in advance.
c. A party or witness whose deposition has been taken at an early
stage in the litigation cannot, at a later date, readily manufacture
testimony in contradiction to his deposition;
d. Testimony is preserved, so that if a witness unexpectedly dies or
becomes unavailable at the trial, his deposition is available.
2. It is an effective means of detecting and exposing false, fraudulent, and
sham claims and defenses.
3. It makes available in a simple, convenient, and often inexpensive way
facts which otherwise could not have been proved, except with great
difficulty and sometimes not at all.

4. It educates the parties in advance of trial as to the real value of their


claims and defenses, thereby encouraging settlements out of court.
5. It expedites the disposal of litigation, saves the time of the courts, and
clears the docket of many cases by settlements and dismissals which
otherwise would have to be tried.
6. It safeguards against surprise at the trial, prevents delays, and narrows
and simplifies the issues to be tried, thereby expediting the trial.
7. It facilitates both the preparation and trial of the cases.
*Koh v. IAC, No. L-71388, 23 Sept. 1986
However, recourse to discovery procedures is not mandatory. If the
parties do not choose to resort to such procedures the pre-trial conference
should be set pursuant to the mandatory provisions of Section 1 of Rule 20.
RULE 23 DEPOSITIONS PENDING ACTIONS
DEPOSITION is the testimony of a witness taken upon oral examination or
written interrogatories, not in open court, but in pursuance of a commission to take
testimony issued by a court, or under a general law or court rule on the subject,
and reduced to writing and duly authenticated, and intended to be used in
preparation and upon the trial of a civil or criminal prosecution.
It is a pre-trial discovery device by which one party (through his or her attorney)
asks oral questions of the other party or of a witness for the other party.
DEPOSITION DE BENE ESSE taken for purposes of pending action.
When may be taken:
1. By leave of court after jurisdiction has been obtained over any
defendant or over property which is the subject of the action.
2. Without such leave after an answer has been served, the testimony of
any person, whether a party or not, maybe taken, at the instance of
any party, by deposition upon oral examination or written
interrogatories.
3.
2 kinds of deposition taking:
Oral examination: appear before an officer, may be judge of MTC or
notary public
Written interrogatories: appear before an officer in court, written
questions will be given, answer shall also be written
The deposition of a person confined on prison may be taken ONLY by
leave of court on such terms as the court prescribes.

The attendance of witness may be compelled by the use of a subpoena as


provided in Rule 21.

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

Any party, or anyone who


at the time of taking the
deposition was an officer,
director,
or
managing
agent of a public or

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

For any purpose, IF court


finds that:
a. Witness is dead;
b. Witness resides at a
distance more than
100 km from place of
trial,
UNLESS
absence procured by
party offering the
deposition;
c. Witness is unable to
testify because of
age,
sickness,
infirmity,
or
imprisonment;
d. Party offering the
deposition has been
unable to procure
the attendance of
the witness by

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:

a. Within the Philippines


i.
Judge
ii.
Notary Public
iii.
Any person to administer oaths if the parties so stipulate in
writing
b. In foreign countries
i.
On notice, before a secretary of any embassy or legation, consulgeneral, viceconsul, consular agent of the Phils:
ii.
Before such person or officer as may be appointed by commission or
under lettersrogatories
iii.
Any person authorized to administer oaths if the parties so stipulate.
COMMISION An instrument issued by the court of justice or other tribunal to
authorize a person to take depositions or to do any other act by authority of such
court or tribunal.
LETTERS ROGATORY Instrument sent in the name and by authority of a judge
or court to another judge or court requesting the latter to custody examine
upon interrogatories filed in a case pending in the former, a witness who is
within the jurisdiction of the judge or court to whom such letter is addressed.
LETTERS ROGATORY are only issued if Commission by appointment cannot
be availed of or the Commission is returned unexecuted or unaffected.
Persons disqualified to take depositions:
a. Relative within 6th degree of consanguinity or affinity of any or affinity
of any party
b. Employee of any party
c. Counsel of any party
d. Relative within the same degree of partys counsel
e. Employee of partys counsel
f. Anyone financially interested in the action
Depositions upon written interrogatories
Party desiring to take such deposition shall serve them upon every other
party with a notice stating the name and address of the person who is to
answer them and the name and descriptive title of the officer before whom
the deposition id to be taken.
Party so served may serve
Cross-interrogatories upon the proponent within 10 days thereafter
Re-direct interrogatories served within 5 days
Re-cross interrogatories served within 3 days

Effects of errors and irregularities in the depositions


a. As to notice waived unless written objection is promptly served
upon the party giving the notice.
b. As to disqualification of officer waived unless made before the
taking of the deposition begins or as soon thereafter as the
disqualification becomes known or could be discovered with
reasonable diligence
c. As to competency or relevancy of evidence NOT waived by
failure to make them before or during the taking of the deposition,
unless ground is one which might have been obviated or removed if
presented at that time
d. As to oral exam and other particulars Errors occurring at the oral
exam in the manner of taking the deposition, in the form of questions
and answers, in oath or affirmation, or in conduct of parties, and errors
of any kind which might be obviated, removed, cured of promptly
prosecuted are waived unless reasonable objection is made at the
taking of the deposition.
e. As to form of written interrogatories waived unless served in
writing upon party propounding them within the time allowed for
serving succeeding cross or other interrogatories and within 3 days
after the service of the last interrogatories authorized.
f.

As to manner of preparation errors as to manner in which the


testimony is transcribed or the deposition is prepared, signed, certified,
sealed, indorsed, transmitted, filed or otherwise dealt with by the
officer are waived unless a motion to suppress the deposition or some
part of it is made with reasonable promptness after such defects is, or
with due diligence might have been, ascertained.

A deposition, in keeping with its nature as a mode of discovery,


should b taken before and not during trial. IN fact, the rules on criminal
practice particularly on the defense of alibi states that when a person
intends to rely on such a defense, that person must move for the taking of
the deposition of his witness within the time provided for filing a pre-trial
motion.
Objections cannot be ruled over by the officer whom the deposition is taken,
he/she may only take note of such.
OBJECTIONS
Notice
Disqualification
Evidence

WAIVED
NOT

UNLESS the ground of the

objection is one which


might have been obviated
or removed if presented at
that time.
Oral
Written
Manner

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;

c. The facts which he desires to establish by the proceed testimony and


his reasons for desiring to perpetuate it;
d. The names or a description of the persons he expects will be adverse
parties and their addresses so far as known; and
e. The names and addresses of the persons to be examined and the
substance of the testimony which he expects to elicit form each, and
f. Shall ask for an order authorizing the petitioner to take the depositions
of the persons to be examined named in the petition for the purpose of
perpetuating their testimony.
SUMMONS
Notices party that a complaint against
him has been filed and that he should file
an answer within a given period.
Issued only once at the start, for the
court to acquire jurisdiction and for the
issues to be joined
Violation: default

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

Order and examination


If the court is satisfied that the perpetuation of the testimony may prevent a
failure or delay of justice, it shall make an order
Designating or describing the persons whose deposition maybe taken
Specifying the subject matter of the examination and
Whether the depositions shall be taken upon oral examination or
written interrogatories.
The depositions may then be taken in accordance with Rule 23 before the
hearing.
Depositions pending appeal
If an appeal has been taken from a judgment of a court, including the
Court of Appeals in proper cases, or
Before the taking of an appeal if the time therefore has not expired,
the court in which the judgment was rendered may allow the taking of
depositions of witness to perpetuate their testimony for use in the event of
further proceedings in the said court. In such case the party who desires to
perpetuate the testimony may make a motion in the said court for leave to
take the depositions, upon the same notice and service thereof as if the
action was pending therein. The motion shall state
(a) The names and addresses of the persons to be examined and the
substance of the testimony which he expects to elicit from each; and
(b) The reason for perpetuating their testimony.
If the court finds that the perpetuation of the testimony is proper to avoid a
failure or delay of justice, it may make an order allowing the depositions to be
taken, and thereupon the depositions may be taken and used in the same

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

To give a deposition pending appeal.


UNLESS thereafter allowed by the court
For good cause shown and
To prevent a failure of justice
RULE 26 ADMISSION BY ADVERSE PARTY
Request for admission
At any time after issues have been joined, a party may file and serve upon
any latter of the
Genuineness of any material and relevant document described in and
exhibited with the request or
Of the truth of any material and relevant matter of fact set forth in the
request.
Copies of the documents shall be delivered with the request UNLESS copies
have already been furnished. After issues have been joined-after answer has
been filed Genuineness documents exist.
WRITTEN INTERROGATORIES
Adverse party or witness
NOT required to deny or admit anything

REQUEST FOR ADMISSION


Adverse party only
Required to admit or deny something

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.

RULE 27 PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS


Motion for production or inspection
Any party may move for the court in which the action is pending to order any
party to:
a. Produce and permit the inspection and copying or photographing of
any designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, not privileged, which:
i.
Constitute or contain evidence material to any matter involved
in the action AND
ii.
Are in his possession custody or control.
b. Permit entry upon designated land or other property in his possession
or control for the purpose of inspecting, measuring, surveying, or

photographing the property or any designated relevant object or


operation thereon.
Order
The order:
a. Shall specify the time, place and manner of making the inspection and
taking copies AND
b. May prescribe such terms and conditions which are just.
Paragraph (b) applies to Real/Personal property
RULE 28 PHYSICAL AND MENTAL EXAMINATION OF PERSONS
When examination may be ordered
When the mental or physical condition of a party is in controversy, the
court may order him to submit to a physical or mental examination by a
person.
This applies only to parties, NOT witness.
Order for examination
The order for examination may be made only
On motion for good cause shown and
Upon notice to the party to be examined and to all other parties, and
Shall specify the time, place, manner, conditions, and scope of the
examination and the person or persons by whom it is to be made.
Report of findings
If requested by the party examined, the party causing the examination to be
made shall deliver to him a copy of a detailed written report of the examining
physician setting out his findings and conclusions. After such request and
delivery, the party causing the examination to be made shall be entitled,
upon request, to receive from the party examined a like report of nay
examination, previously or thereafter made, of the same mental or physical
condition.
If the party examined refuses to deliver such report, the court on motion and
notice may make an order requiring delivery on such terms as are just, and IF
a physician fails or refuses to make such a report the court may exclude his
testimony if offered at the trial.
Waiver of privilege
The party examined waives any privilege he may have in that action
regarding the testimony of the person who has examined or may examine
him with respect to that same mental or physical examination by:
a. Requesting and obtaining a report of the examination so ordered OR
b. Taking the deposition of the examiner.
The party examined waives any privilege he may have:
In that action or

Any other action involving the same controversy,


Regarding the testimony of every other person who has examined or
may thereafter examine him
In respect to the same mental or physical examination.
RULE 29 REFUSAL TO COMPLY WITH MODES OF
DISCOVERY
Refusal to answer
If a party or other deponent refuses to answer any question upon oral
examination, the examination may be
Completed on other matters or
Adjourned
as the proponent of the question may prefer.
The proponent may apply to the court for an order to compel an answer. The
court may than order:
i.
The refusing party or his counsel to pay the expenses incurred in
obtaining the order, including the attorneys fees (if it finds the refusal
to answer without substancial justification)
ii.
The proponent or his counsel to pay the expenses incurred in opposing
the application, including attorneys fees (if it finds the application to
be without substantial justification)
Where to file for the order to compel
Rule 23 Depositions pending actions - application for an order must be
filed with the court of the place where the deposition is being taken
Rule 25 Interrogatories to parties application for an order must be filed
with the court where the action is pending
Remedies
1. Complete other matters
2. Adjourn
3. Apply to court for order
Contempt of court
If a party or other witness
Refuses to be sworn
Refuses to answer any question after being directed to do so by the
court of the place in which the deposition is being taken.
The refusal may be considered a contempt of that court.
Other consequences
If a party/officer or managing of a party refuses to obey an order requiring
him:

a. To answer designated questions


b. To produce a thing for inspection or to permit entry upon property
c. To submit to a physical or mental examination
The court may order:
a. That the matters regarding which the questions were asked, or the
character of the land or the thing, or the physical and mental condition
of the party be taken to be established.
b. The disallowance of the disobedient partys claims
c. The prohibition of the disobedient party to present evidence. The
striking out of the pleadings or parts thereof.
d. The dismissal of the action or parts thereof
e. Rendering judgment by default against the disobedient party OR
f. The arrest of any or agent EXCEPT in disobeying an order to submit to
a physical or mental examination
If a party refuses to attend or serve answers, the court may:
a. Strike out all or any part of any pleading of that party.
b. Dismiss the action or any part thereof.
c. Enter a judgment by default against that party, OR/AND
d. Order that party to pay reasonable expenses incurred, including
attorneys fees.
In lieu of any of the foregoing orders or in addition thereto, an order directing
the arrest of any or agent of a party for disobeying any of such orders,
EXCEPT an order to submit to a physical or mental examination.
Orders enumerated above are NOT exclusive.
SANCTIONS:
1. Pay expenses (sec.1)
2. Contempt (sec.2)
3. Facts will be deemed established (sec. 3 par. (a))
4. Prohibiting from introducing evidence (sec. 3 par. (b))
5. Affect disposition of the case (sec. 3 par. (c))
6. Arrest (sec.3 par. (d))
Expenses on refusal to admit
If a party after being served with a request under Rule 26 to admit the
genuineness of any document or the truth of any matter of fact, serves a
sworn denial thereof and if the party requesting the admissions thereafter
proves the genuineness of such document or the truth of any such matter of
fact, he may apply to the court for an order requiring the other party to pay
him the reasonable expenses incurred in making such proof, including
attorneys fees.
UNLESS the court finds that
There were good reasons for the denial or
That admissions sought were of no substantial importance, such order
shall be issued.

Failure of party to attend or serve answers.


If a party or an officer or managing agent of a party willfully:
Fails to appear before the officer who is take his deposition, after being
served with a proper notice, or
Fails to serve answers to interrogatories submitted under Rule 25 after
proper service of such interrogatories,
The court on motion and notice, may:
Strike out all or any part of any pleading of that party, or
Dismiss the action or proceeding or any part thereof, or
Enter a judgment by default against that party, and
In its direction, order him to pay reasonable expenses incurred by the
other, including attorneys fees.
Expenses against the Republic of the Philippines
The Republic of the Philippines cannot be required to pay expenses and
attorneys fees under this Rule.
*Insular Life Assurance Co., Ltd. v. CA, 238 SCRA 88, (1994)
The matter of how, and when, the above sanctions should be applied is one
that primarily rests on the sound discretion of the court where the case
pends, having always in mind the paramount and overriding interest of
justice. For while the modes of discovery are intented to attain the resolution
o litigations with great expediency, they are not contemplated, however,
ultimately to be of injustice.
*Dela Torre et. al. v. Pepsi Cola Products, Phils., Inc., GR No. 130243
30 Oct. 1998
The written interrogatories served by respondent on petitioners dealt with
ancillary matters which, although may be inquired into though the proper
modes of discovery provided in the Rules of Court, are not directly related to
the main issues in the suit. As already mentioned, the written interrogatories
sent by respondent to petitioners were for the purpose of finding out if the
latter were entitled to litigate as paupers, that is, whether they should be
exempted from paying docket fees. It would be unjust to impose on
petitioners such a drastic sanction as the dismissal of their complaint
complaints for a mistake committed in good faith.
RULE 30 TRIAL

TRIAL the judicial process of investigating and determining the legal


controversies, starting with the production of evidence by the plaintiff and
ending with his closing arguments.

WHERE THERE MAY BE JUDGMENT WITHOUT TRIAL:


1. Judgment on the Pleading (Rule 34)
2. Summary Judgment (Rule 35)
3. Judgment on Compromise
4. Judgment by Confession
5. Dismissal with Prejudice (Rule 17)
Section 1. Notice of trial.
Upon entry of a case in the trial calendar, the clerk shall notify the parties of the
date if its trial in such manner as shall ensure his receipt of that notice at
least five (5) days before such date.
Sec. 2. Adjournments and postponements.
A court may adjourn a trial from day to day, and to any stated time, as the
expeditious and convenient transaction of business may require, but shall have no
power to adjourn a trial for a longer period than one month for each adjournment,
nor more than three months in all, except when authorized in writing by the Court
Administrator, Supreme Court.
Sec. 3. REQUISITES OF MOTION TO POSTPONE TRIAL FOR ABSENCE OF
EVIDENCE.
There must be an affidavit showing:
(1) Materiality or relevance of such evidence; and
(2)Due diligence in procuring it.
If the adverse party admits the facts for which evidence is to be
presented, the trial will not be postponed.
Sec. 4. Requisites of motion to postpone trial for illness of party or
counsel.
A motion to postpone a trial on the ground of illness of a party or counsel may
be granted if it appears upon affidavit or sworn certification that:
(1) The presence of such party or counsel at the trial is indispensable and
(2) That the character of his illness is such as to render his non-attendance
excusable.
Sec. 5. ORDER of TRAIL.
Subject to the provisions of section 2 of Rule 31, and Unless the court for
special reasons otherwise directs, the trial shall be limited to the issues
stated in the pre-trial order and shall proceed as follows:

Plaintiff presents evidence in


support of his complaint.

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

Sec. 6. Agreed statement of facts.


The parties to any action may agree, in writing upon the facts involved in the
litigation, and submit the case for judgment on the facts agreed upon, without the
introduction of evidence. If the parties agree only on some of the facts in issue,
the trial shall be held as to the disputed facts in such order as the court shall
prescribe.
This is known as STIPULATION OF FACTS and is among the purpose of a
pre-trial. The parties may also stipulate verbally in open court. Such
stipulations are binding unless relief there from is permitted by the court on
good cause shown, such as error or fraud. But counsel cannot stipulate on
what their respective EVIDENCE consists of and ask that judgment be
rendered on the basis of such stipulation.
Stipulations of facts are not permitted in actions for ANNULMENT OF
MARRIAGE and for LEGAL SEPARATION.
Section 7. Statement of judge to be made of record.
Section 8. Suspension of actions governed by Civil Code.

ART. 2030 OF THE CIVIL CODE, EVERY CIVIL ACTION OR PROCEEDING


SHALL BE SUSPENDED
1. If willingness to discuss a possible compromise is expressed by
one or both parties; or
2. If it appears that one of the parties, before the commencement
of the action or proceeding, offered to discuss a possible
compromise but the other party refused the offer.
Section 9. Judge to receive evidence; delegation to clerk of court.
GENERAL RULE: the judge must himself personally receive and resolve the
evidence of the parties.
REQUISITIONS ON VALID DELEGATION OF POWER TO RECEIVE
(a) The delegation may be made only in defaults or ex parte hearings, or
an agreement in writing by the parties.
(b) The reception of evidence shall be made by the clerk of that court who
is a member of the bar.
(c) Said clerk shall have no power to rule on objections to any question or
to admission of evidence or exhibits; and
(d) He shall submit his report and transcripts of the proceedings together
with the objections to be resolved by the court, within 10 days from the
termination of the hearing.

RULE 31 CONSOLIDATION OR SEVERANCE


Section 1. Consolidation

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.

3 WAYS OF CONSOLIDATING CASES:


(a) By recasting the cases already instituted, conducting only one
hearing and rendering only one decision; and
(b) By consolidating the existing cases and holding only one hearing
and rendering only one decision ; and
(c) By hearing only the principal case and suspending the hearing on the
others until judgment has been rendered in the principal case. (TESTCASE METHOD).
Consolidation of cases on appeal and assigned to different divisions of
the SC and the CA is also authorized. Generally, the case which was
appealed later and bearing the higher docket number is consolidated with
the case having the lower docket number.
Sec. 2. Separate trials on any claim, cross claim, etc
When the separate trial of claims is conducted by the court under this
section, it may render separate judgments on each claim.
RULE 32 TRIAL BY COMMISSIONER
Section 1. Reference to Commissioner by consent of both parties.
COMMISSIONER a person to whom a cause pending in court is referred, for
him to take testimony, hear the parties and report thereon to the court, and
upon whose report, if confirmed, judgment is rendered; includes a referee, an
auditor and an examiner.
Sec. 2. CASES WHEN REFERENCE BY MOTION OF ONE OF THE PARTIES
OR MOTU PROPRIO.
a. Trial requires examination of a long account of either side.
b. Taking of an account is necessary for the information of the court
before judgment or for carrying a judgment order into effect.
c. Question of fact, other than upon the pleadings, arises upon motion or
otherwise, in any stage of the case.
Sec. 3. Order of reference; powers of the Commissioner.
Order may specify or limit the powers of the commissioner
1. Report only upon particular issues, or to do or perform particular acts, or to
receive and report evidence only
2. Exercise the power to regulate the proceedings in every hearing before him
and to do all acts and take all measures necessary or proper for the efficient
performance of his duties
3. Issue subpoena and subpoenas duces tecum
4. Swear witnesses
5. Unless otherwise provided in the order of reference, he may rule upon the
admissibility of evidence

Sec. 4. Oath of Commissioner before he enters into his duties.


Sec. 5. Proceedings before Commissioner.
Sec. 6. Failure of parties to appear before commissioner.
If a party fails to appear at the time and place appointed, the commissioner may
proceed ex parte or , in his discretion, adjourn the proceedings to a future day,
giving notice to the absent party or his counsel of the adjournment.
Sec. 7. Refusal of witness to obey subpoena issued by Commissioner
punishably by contempt of court.
Sec. 8. Commissioner shall avoid delays.
Sec. 9. Report of commissioner.
Sec. 10. Notice to parties of the filing of report.
Parties may object to findings within 10 days from notice
Sec. 11. Hearing upon report.
Sec. 12. Stipulations as to findings.
When the parties stipulate that a commissioners findings of fact shall be final,
only questions of law shall thereafter be considered.
Sec. 13. Compensation of commissioner.

RULE 33 DEMURER TO EVIDENCE


Section 1. Demurrer to evidence.
DEMURRER TO EVIDENCE is made by the defendant after the plaintiff has
completed the presentation of his evidence where the defendant moves for
dismissal on the ground that upon the facts and the law the plaintiff has
shown no right to relief.
1. If motion denied defendant has the right to present evidence
2. If motion granted, but reversed on appeal defendant deemed to have
waived the right to present evidence.

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

MOTION GRANTED BUT REVERSED


ON APPEAL

Movant shall have the right to


present his evidence

Denial INTERLOCUTORY. Sec. 1,


Rule 36 (that judgment should
state clearly and distinctly the
facts and the law on which it is
based), will not apply.

CIVIL CASES
1. Defendant need not
leave of court;

ask

for

2. If the court finds plaintiffs


evidence insufficient, it will grant
the demurrer by dismissing the
complaint.
The
judgment
of
dismissal is appealable by the
plaintiff. If plaintiff appeals and
judgment is reversed by the
appellate court, it will decide the
case on the basis of the plaintiffs
evidence with the consequence
that the defendant already loses
his right to present evidence; no
res judicata in dismissal due to
demurrer
3. If
court
denies
demurrer,
defendant will present his
evidence

Movant is deemed to have


waived his right to present
evidence. The decision of the
appellate court will be based only
on the evidence of the plaintiff as
the defendant loses his right to
have the case remanded for
reception of his evidence.
Order of
the
court
is an
ADJUCATION ON THE MERITS,
hence, the requirement in Sec. 1,
Rule 36 should be complied with.

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

3. if court denies the demurrer:


a. if demurer was with leave, accused
may present his evidence
b. if the demurrer was without leave,
accused can no longer present his
evidence and submits the case for
decision based on the prosecutions
evidence

RULE 34 JUDGMENT ON THE PLEADINGS


Sec.1 WHEN JUDGMENT ON THE PLEADINGS IS PROPER
a. If answer fails to tender an issue; or
b. If answer otherwise admits the material allegations of the
adverse partys pleading

Then court may, on motion of that party, direct judgment on the


pleadings
ACTIONS WHERE THE MATERIAL FACTS ALLEGED IN THE COMPLAINT
MUST ALWAYS BE PROVED
a. Declaration of nullity of marriage
b. Annulment of marriage
c. Legal separation
JUDGMENT ON THE PLEADINGS

JUDGMENT BY DEFAULT

The defendant answered, but the


answer did not tender an issue or
admitted the material allegations in the
complaint
Evidence is not received as the same
is based on the pleadings
Decisions is based on the allegations
in the pleadings

The defendant did not file an answer

Evidence is received
The decision is based on the evidence
presented

A judgment on the pleadings must be on motion of the claimant. However, if


at the pre-trial, the court finds that a judgment on the pleadings is proper, it
may render such judgment motu propio.
RULE 35 SUMMARY JUDGMENTS
SUMMARY JUDGMENTS one granted by court for the prompt disposition of civil
actions wherein it clearly appears that there exists no genuine issue or
controversy as to any material fact.
Proper if:
1. No genuine issue as to any material fact (except as to damages
recoverable); and
2. If moving party is entitled to a judgment as a matter of law
Based not only on pleadings but also on affidavits, deposition, and
admissions of the parties showing that, except as to the amount of damages,
there is no genuine issue.
Motion shall be served at least 10 days before the time specified for
the hearing.
May be asked for by a party seeking to recover upon a claim, counterclaim,
cross-claim or to obtain a declaratory relief.
Although Rule does not specifically provide, also unavailable in actions for
annulment of and declaration of nullity of marriage, and for legal separation
since Sec. 1 refers to actions to recover upon a claim, or to recover a debt
or a liquidated demand for money, or to obtain declaratory relief.

Motions for summary judgment may be filed by the claimant or


by the defending party. The defending party may file such
motion, pursuant to Rule 35, $2 at any time, as distinguished
from $1 where the claimant may file the motion at any time after
the answer is filed.
Section 1. Summary judgment for claimant.
At any time after the pleading in answer thereto has been served.
Section 2. Summary judgment for defending party.
At any time
Section 3. Motion and proceedings thereon.
The motion shall be served at least ten (10) days before the time specified
for the hearing. The adverse party may serve opposing affidavits, depositions,
or admissions at least three (3) days before the hearing. After the hearing, the
judgment sought shall be rendered forthwith if the pleadings, supporting
affidavits, depositions, and admissions on file, show that, except as to the amount
of damages, there is no genuine issue as to any material fact and that the moving
party is entitled to a judgment as a matter of law.
Section 4. Case not fully adjudicated on motion.
The trial shall be conducted on the controverted facts only
Section 5. Form of affidavits and supporting papers.
Section 6. AFFIDAVITS IN BAD FAITH.
Should it appear to its satisfaction at any time that any of the affidavits presented
pursuant to this Rule are presented in bad faith, or solely for the purpose of delay,
the court shall forthwith order the offering party or counsel to pay to the other
party the amount of the reasonable expenses which the filing of the affidavits
caused him to incur, including attorneys fees. It may after hearing, further
adjudge the offering party or counsel guilty of contempt.
SUMMARY JUDGEMENT

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.

3-day notice rule


applies.
On the merits

SUMMARY JUDGMENTS; PROPRIETY


*Mallilin v. Castillo
Trial court are authorized to grant relief by summary judgment. This
is intended to expedite or promptly dispose of cases where the facts appear
undisputed and certain from the pleadings admissions and affidavits. This
rule does not vest in the court summary jurisdiction to try the issue on
pleadings and affidavits but gives the court limited authority to enter
summary judgment only if it clearly appears that there is no genuine of
material fact.
RULE 36 JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF
JUDGMENT final consideration and determination by a court of the
rights of the parties, upon matters submitted to it in an action or proceeding.
Judgment is the result, or the dispositive part of the decision while the
opinion gives the grounds for the decision.
Date of the finality of the judgment or final order shall be deemed to
be the date of its entry. The judgment or final order shall be entered by
the clerk in the book of entries of judgments if no appeal or motion or new
trial or reconsideration is filed within 15 days.
Section 1. Rendition of judgments and final orders REQUISITES OF A
JUDGMENT
1. It should be in writing, personality and directly prepared by the judge
2. Must state clearly and distinctly the facts and the law in which it is based
3. It should contain a dispositive part and should be signed by the judge and
filed with clerk of court.
PARTS OF A JUDGMENT
1. Opinion of the court (findings of fact and conclusions of law)
2. Disposition of the case (dispositive portion)
3. Signature of the judge

PROMULGATION the process by which a decision is published, officially


announced, made known to the public or delivered to the clerk of court for filing,
coupled with notice to the parties or their counsel.
MEMORANDUM DECISION the judgment or final resolution of the appellate
court may adopt by reference the findings of facts and conclusions of law
contained in the decision of the trial court.
A judgment based on a compromise otherwise known as JUDICIAL
COMPROMISE has the force of law and is conclusive between parties. It is
NOT appealable.
The power to amend a judgment is inherent to the court before
judgment becomes final and executory. Once a judgment has attained finality
(expiration of the period to appeal), no further amendment or correction can
be made by the court except for clerical errors or mistakes.
A JUDGMENT is considered RENDERED: the filing of the signed
decision constitutes the rendition of a judgment. This includes an amended
decision is a distinct and separate judgment and must follow the established
procedural rule.
Attack of judgment maybe direct or collateral
Direct attack
a. Before finality
1. Motion for new trial or reconsideration
2. Appeal
b. After finality
1. Relief from judgment, Rule 38
2. Annulment of judgment, Rule 47
Section 2. The date of finality of the judgment or final order shall be
deemed to be the date of its entry if no appeal or MNT or MR.
Section 3. Judgment for or against one or more of several parties.
Section 4.Several judgments.
Several judgments is proper where the liability of each party is clearly separable
and distinct from his co-parties such that the claims against each of them could
have been the subject of separate suits, and the judgment for or against one of
them will not necessarily affect the other.
A several judgment is not proper in actions against solidary debtors.
Judgment rendered to dispose of one of the several claims for relief
presented in an action, made at any stage, upon a determination of
the issues material to a particular claim and all counterclaims arising
out of the claim, which terminates such claim,. Action shall proceed as
to other claims.

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.

RULE 37 NEW TRIAL OR RECONSIDERATION


Filed within 15 days from notice of judgment and resolved by the court within
30 days form submission for resolution.
Order denying motion
for new trial

Second motion for


new trial bases on
grounds not existing
or available when 1st
motion was filed

Appeal from the


judgment or final
order and assign as
one of the errors the
denial of the motion
for new trial

Order denying a

motion for new trial is


not appealable

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

MOTION FOR RECONSIDERATION


The grounds are: the damages
awarded are excessive, that the
evidence is insufficient to justify
the decision or final order, or that
the decision or final order id
contrary to law.

If a new trial is granted the trial


court will set aside the judgment
or final order

Second motion from same party is


prohibited
If the court finds that excessive
damages have been awarded or
that the judgment or final order is
contrary to the evidence or law, it
may amend such judgment or final
order accordingly.

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

REQUISITES TO BECONSIDERED AS NEWLY DISCOVERED EVIDENCE:


i.
discovered after trial
ii.
could not have been discovered and produced at trial despite the
exercise of reasonable diligence
iii.
if presented, could probably after the result of the action
Otherwise it is called forgotten evidence.
MOTION FOR NEW TRIAL SHALL BE
a. in writing
b. supported by affidavits of merit if the ground is FAME;
NEWLY DISCOVERED EVIDENCE, IT MUST BE SUPPORTED BY:
a. affidavits of witness by whom such evidence is expected to be given,
or
b. duly authenticated documents to be introduced.
Mistake generally refers to mistake of fact but may also include mistakes of
law where, in good faith, the defendant was misled in the case.
Sec. 2. CONTENTS OF MOTION FOR NEW TRIAL OR RECONSIDERATION
AND NOTICE THEREOF.
The motion shall be made in writing stating the ground or grounds therefore, a
written notice of which shall be served by the movant on the adverse party.
A MOTION FOR NEW TRIAL shall be proved in the manner provided for proof of
motions. A motion for the cause mentioned in paragraph (a) of the preceding
section shall be supported by affidavits of merits which may be rebutted by
affidavits. A motion for the cause mentioned in paragraph (b) shall be supported
by affidavits of the witness by whom such evidence is expected to be given, or by
whom such evidence is expected to be given, or by duly authenticated documents
which are proposed to be introduced in evidence.
A MOTION FOR RECONSIDERARTION shall point out specially the findings
or conclusions of the judgment or final order which are not supported by
the evidence or which are contrary to our 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.
A pro forma motion for new trial or reconsideration shall not toll the reglementary
period of appeal.
Section 3. Action upon motion for new trial or reconsideration.
GROUNDS: MOTION FOR RECONSIDERATION
a. Damages awarded are excessive
b. Evidence is insufficient to justify the decision or final order
c. Decision is contrary to law

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.

Section 8. Effect of order for partial new trial.


1. Enter a judgment or final order as the rest of the issues, or
2. Stay the enforcement of such judgment
Section 9. Remedy against order denying a motion for new trial or
reconsideration is appeal from the judgment.
RULE 38 RELIEF FROM JUDGMENTS, ORDERS, OR OTHER
PROCEEDINGS
Section 1. Petition for relief from judgment, order, or other proceedings
What are the remedies before a judgment becomes final and executory?
1. Motion for reconsideration
2. Motion for new trial
What
1.
2.
3.
4.

are the remedies after judgment becomes final and executory?


Petition for relief (Rule 38)
Action for annulment of judgment (Rule 47)
Certiorari (Rule 65)
Collateral attack of a judgment (Rule 39)

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

GROUNDS FOR PETITION FOR RELIEF


a. Judgment or final order entered against a party by FAME; or

b. Judgment or final order is rendered and party has been


prevented by FAME from taking an appeal
For fraud to be extrinsic, the losing party must ever have had
a chance to controvert the adverse partys evidence.
Uniform procedure for relief from judgments of MTC and RTC
After petition is filed, court order adverse parties to answer within 15 days
from receipt. After answer is filed or expiration of period therefore, court shall
hear the petition.
If granted, judgment set aside and court shall proceed as if timely motion for
new trial has been granted; if granted against denial of appeal, court shall
give due course to appeal.
NEW TRIAL/ RECONSIDERATION
Must be filed within the appeal
period. Judgment not yet final.

A legal right
FAME
+
Newly
Evidence
Judgment on final order

Discovered

RELIER FROM JUDGMENT


Judgment is final within 60 days
after petitioner to be set aside and
within 6 months after such
judgments is entered.
More on equity
FAME only

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.

Sec. 7. Procedure where the denial of an appeal is set aside.


Lower court shall be required to give due course to the appeal and to
elevate the record of the appealed case as if a timely and proper appeal
had been made.

RULE 39 EXECUTION, SATISFACTION AND EFFECT OF


JUDGMENTS
What may be executed?
Final judgments or orders.
But is there an order which is not yet final but may be subject to a
writ of execution?
Yes, there is. An order to direct defendant to give support pendente
lite.
Sec. 1. Execution upon judgments or final orders.
WHEN EXECUTION IS A MATTER OF RIGHT
1) By filing a motion upon a judgment or order that disposes of an action
or proceeding, upon the expiration of the period of appeal if no
appeal is perfected; or
2) Where an appeal has been duly perfected and resolved, by filing a motion
with the court of origin, submitting certified true copies of the judgment or
final order sought to be enforced.
3) If the court of origin refuses to issue a writ of execution, the appellate court
may, on motion, direct the court of origin to issue the writ.
4)
FINAL JUDGMENTS

FINAL AND EXECUTORY JUDGMENTS

Dispose of adjudicate, or determine the


rights of parties
Still subject to appeal

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

Execution of judgment not a matter of


right

JUDGMENTS AND FINAL ORDERS THAT MAY BE EXECUTED AS A


MATTER OF RIGHT BEFORE EXPIRATION OF TIME TO APPEAL
1) Forcible entry and detainer
2) Injunction, receivership, accounting and support
3) Award, judgment, final order, or resolution of quasi-judicial agencies

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.

E.g. agreement entered into by the parties other than terms of


payment

Judgment for support is not final in a sense that it cannot be modified.


Support depends not only on the varying conditions affecting the
ability of the obligor, to pay , but also upon the ever-changing needs of
the beneficiary himself.
Gen Rule: Final and executor judgment cannot be amended or modified
Any amendment w/c substantially affects a final and executor
judgment is null and void for lack of jurisdiction
EXCEPTION: JUDGMENT MAY BE MODIFIED AS TO:
1. Clerical errors or mistakes;

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.

Sec.2 Discretionary execution.


WHEN ISSUANCE OF WRIT OF EXECUTION IS DISCRETIONARY;
1. Execution pending appeal
a. While trial court has jurisdiction over the case and is in possession of
other the original record or record on appeal;
b. When trial court has lost jurisdiction but has not transmitted records of
the case to the appellate court;
c. When trial court has lost jurisdiction and has transmitted records
Motion for execution pending appeal with appellate court
2. Execution of several, separate or partial judgments
3.
SEVERAL JUDGMENTS
Rendered against one or more

of

SEPARATE/PARTIAL JUDGMENTS
Rendered at any stage of the action

several defendants, leading the action


to proceed against others

regarding a particular claim, leaving the


action to proceed as to the remaining
claims

REQUISITIONS FOR EXECUTION PENDING APPEAL;


1) On motion by the prevailing party, with notice to the adverse party;
2) Good reasons for issuing execution; and
3) The good reasons must be stated in a special order
Examples of good reasons:
1) Where education of a person to be supported would unduly be delayed
2) The immediate execution of an order to support is valid
3) The judgment debtor is insolvent, except when a co-defendant is
solvent and his liability is subsidiary
What are not good reasons:
1) The name fact that a claim is not secured, w/c any allegation that the
defendant is insolvent or is about to dispose of his properties
2) Where the reason given is that an is frivolous or dilatory, the trial judge
may not rightfully determine the same
3) Mere posting of a bond
Award for actual and compensatory damages may be ordered executed
pending appeal, but not moral and exemplary damages
Moral and exemplary damages depends in actual result of the appeal
Execution pending appeal is not applicable in land registration proceedings
Once final and executory, decision must be executed; exception
General Rule: the decision of the court has already become final and
executory then it must be executed.
If the defeated party appeals the decision of the court, of course, the
judgment cannot be executed. I repeat, if the defeated party perfects the
appeal, the judgment cannot be executed. You should wait for the
judgment of the appellate court.
Exception: Section 2. Discretionary execution. Even if there is an
appeal by the defeated party, the prevailing party may file a motion for
execution pending appeal.
Sec. 3. Stay of discretionary judgment.
Stay of execution may be allowed at the discretion of the court by filing a
supersedeas bond
Aside from the supersedeas bond, an aggrieved party may file a special civil

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.

How restitution is made. Effects of reversal modification.


COMPLETE REVERSAL
Modified judgment

Sale by sheriff to a 3rd person

Sale of a creditor to himself in a public


sale
Sale of a creditor, but subsequently sold
to a 3rd party

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
-

Sec 6. Execution by motion or by independent action.


A final and executory judgment or order may be executed:
1) On motion, w/in 5 years from entry; or
2) By filing another action w/in 10 years from entry
3)
Lifespan of writ of execution=5 years
A revived judgment is again enforceable by motion w/in 5 years and
thereafter, by another action w/in 10 years from finality of the revived
judgment, not the original judgment
EXECUTION OF A JUDGMENT BY COMPROMISE WITH A TERM
If a compromise agreement w/ a term suspends the enforceability of a final
judgment, the 5 year/10 year period must be counted from the end of such
term, not from the date of entry

REVIVAL OF A JOINT AND SEVERAL JUDGMENT


A judgment rendered against several defendants, jointly and severally,
can be revived against one of them only.
WHEN IS THE 5/10 YEAR PERIOD SUSPENDED
1) When the enforceability of a final decision is suspended by the court;
2) When the 5 year period is interrupted or suspended by agreement of
the parties
3) When the judgment creditor institutes supplementary proceedings to
the execution
4) When delays are caused by judgment obligors own initiatives and for
her advantage.
A valid execution issued and levied w/in the 5 year period may be enforced
by sale even after the lapse of the said period.
The levy is the essential act by which the property is set apart for
satisfaction of judgment
However, the execution sale must take place w/in the 10 year period
WHEN ARE THE 5 AND 10 YEAR PERIODS NOT APPLICABLE
1) Judgment for support
- Does not prescribe
- May still be enforced by motion even after the 5 year period
2) Special proceedings
- E.g. land registration proceedings
JURISDICTION TO CHANGE, ALTER,
MODIFY JUDGMENT
Terminates when the judgment becomes
final

JURISDICTION TO ENFORCE
JUDGMENT
Continues even after judgment has
become final, for purposes of execution

and enforcement
Governed by Rule 39, Section 6

Governed by Rule 39, Section 1

VENUE OF ACTION FOR ENFORCEMENT OF JUDGMENT


Personal action
Where plaintiff resides or defendant resides, at the election of the
plaintiff;
Real action
Where the property is located

DEFENSES AVAILABLE IN
JUDGMENT
1) Prescription
2) Satisfaction of claim
3) Counterclaims

AN

ACTION

FOR

ENFORCEMENT

OF

Sec 7. Execution in case of death of party.


DEATH OF A CREDITOR
DEATH OF A DEBTOR

Upon application of his executor,


administrator, or successor-in-interest
Against his executor, administrator, or
successor-in-interest
However, of death occurred after
property is levied, the same may be sold
to satisfy the judgment

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.

Sec 8. Issuance, form, and contents of a writ of execution.


The motion for execution and the writ of execution must state specifically the
amount of interest, costs, damages, rents, or profits due as of the date of
issuance of the writ, aside from the principal obligation
Special sheriffs for the service of writ of execution are not authorized by law
The writ of execution must conform to the judgment to be executed,
otherwise it is null and void
GROUNDS FOR QUASHING A WRIT OF EXECUTION:
1) Writ of execution varies judgment;
2) Change in the situation of the parties making execution inequitable
and unjust;
3) Execution sought to be enforced against property exempt from
execution;
4) Controversy has never been submitted to the judgment of the court;
5) Terms of judgment are not clear and there remains room for
interpretation;
6) Writ of execution is improvidently issued, defective in substance,
issued against the wrong party, judgment debt has been paid, or writ
issued without authority
Sec 9. Execution of judgments for money, how enforced.
3 WAYS TO ENFORCE A JUDGMENT FOR MONEY.
1. Immediate payment on demand
- Judgment obligor shall pay in cash, certified bank check payable to the
judgment obligee, or any other form of payment acceptable to the latter
-

Payment made to the judgment obligee or his representative, or if not


present, to the sheriff, or if not practicable, to a fiduciary account

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.

3. Garnishment of debts and credits


- Levy on debts due to debtor, or other credits, including bank deposits,
financial interests, royalties, commissions and other personal property, not
capable of manual delivery in the possession or control of 3 rd parties

Notice served on 3rd party (garnishee)

General Rule: All property belonging to judgment obligor not


exemption from execution may be attached.
EXCEPTIONS:
1) Usufruct
2) Ascertainable interest in real estate as mortgagor, mortgagee, or
otherwise
3) Unused balance of an overdraft account (credit not subject to
garnishment)

Levy on personal property may be actual or constructive


Eg: Levy on a barge by registration w/ Philippine Coast Guard (constructive)
What are the forms of payment?
a) Cash; or
b) Certified bank checks payable to the obligee. It should not be
payable to the sheriff; it should be to the obligee.
c) Any other mode of payment acceptable to the obligee. So it
could be any form of payment acceptable to the obligee. It could be dacion.
Rule if there are two garnishees
In the event there are two or more garnishees holding deposits or
credits sufficient to satisfy the judgment, the judgment obligor, if available,
shall have the right to indicate the garnishee or garnishees who shall be
required to deliver the amount due; otherwise, the choice shall be made by
the judgment obligee.

Sec. 10. Execution of judgments for specific act.


1) Conveyance, delivery of deeds, or other specific acts; vesting title
- If party fails to comply within the time specified, the court may direct the
act to be done at the cost of the disobedient party
- Real or personal property situated w/in the Philippines: court in lieu of
conveyance may give order divesting title and may vest it in others
2) Sale of real or personal property
3) Delivery or restitution of real property
- Officer shall demand person to peaceably vacate property w/in 3 working
days, and restore possession to judgment obligee, otherwise officer shall
oust such persons
4) Removal of improvements on property subject of execution
- Officer shall not destroy, demolish, or remove improvements except upon
special order of the court
- Special order issued upon motion, after judgment obligor failed to remove
the same
5) Delivery of personal property
Officer shall take possession of the same and deliver it to the judgment

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.

ORDER OF DEMOLITION COULD BE ISSUED AFTER THE 5 YEAR PERIOD


But writ of execution must be served w/in 5 years
Order of demolition ancillary to writ
Certiorari is available if requirements for issuance of order of demolition are
not allowed.
Sec. 11. Execution of special judgment.
SPECIAL JUDGMENT A special judgment is one that can be complied with only by the judgment
obligor himself.
It requires the performance of any other act than payment of money, or the
sale for delivery of real or personal property
Failure to comply with special judgment under Section 11 is punishable as
contempt by imprisonment
Sec 13. Property exempt from execution.
1) Family home, or homestead, land necessarily used in connection therewith
2) Ordinary tools and implements used in trade, employment, or livelihood
3) 3 horses, cows, carabaos, or other beast of burden
Necessarily used in his ordinary occupation
4) Necessary clothing and articles for ordinary personal use, except jewelry
5) Household furniture and utensils necessary for housekeeping P 100K used
in livelihood
6) Provisions for individual or family use sufficient for 4 months
7) Professional libraries and equipment
8) One fishing boat and accessories P 100K used in livelihood
9) Salaries, wages, or earnings as are necessary for support of family w/in 4
months preceding levy
10)
Lettered gravestones
11)
Monies, benefits, privileges, or annuities accruing out of any life
insurance

12)

Properties specially exempt from execution

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.

REQUISITES FOR NOTICE OF SALE OF


PERSONAL PROPERTY
Perishable property: notice posted
in 3 public places for such time as
may be reasonable considering the
character & condition of the
property
Other personal property: notice
posted in 3 public places for not
less than 5 days

REQUISITES FOR NOTICE OF SALE OF


REAL PROPERTY
If 50,000: notice posted in 3
public places for 20 days
If 50,000: Publication once a
week for 2 consecutive weeks and
notice posted in 3 public places
for 20 days

EFFECTS OF AN EXECUTION SALE WITHOUT THE REQUIRED NOTICE


Sheriff and creditor are joint tortfeasors
Liable in solidum because liability is joint and solidary
Want of notice does not invalidate the execution sale where purchaser is
innocent and no collusion appears (buyer in good faith)
Sec. 16. Proceedings where property claimed by third persons.
3rd PARTY CLAIM a claim by any person other than the judgment debtor or
his agent on property levied on execution

PURPOSE OF 3RD PARTY CLAIM:


1) To recover property levied on by sheriff (although 3 rd party can
vindicate claim in a separate action)
2) To hold sheriff liable for damages for the taking or keeping of such
property
WHEN TO FILE A 3RD PARTY CLAIM
At any time, so as long as the sheriff has the possession of the
property levied upon, or before the property is sold under execution
WHAT IS THE PROCEDURE FOR A 3RD PARTY CLAIM
3rd party should make an affidavit of his title thereto, or right of
possession thereof, and should serve such
Affidavit upon the sheriff and a copy thereof to the judgment obligee
The sheriff may or may not require the judgment obligee to file a bond.
INDEMNITY BOND FILED
Action for damages brought against the
principal and sureties on the bond
Sheriff not liable for damages
Sheriff bound to keep property on behalf
of judgment obligee

NO INDEMNITY BOND FILED


Action for damages may be brought
against sheriff himself
Sheriff liable for damages
Sheriff not bound to keep property under
levy

REMEDY OF THE CREDITOR


File a bond to indemnify 3rd party complainant
- Amount of bond not less than value of property
- Sheriff not liable for damages if bond is filed

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

REMEDY OF THE 3RD PARTY


Vindicate his claim in a separate action
- No intervention allowed since judgment final & executor
File a separate action for damages against the sheriff (if no bond filed)
File a claim for damages against the bond
- Claim must be w/in 120 days from filing of bond
The sheriff is at complete liberty to suspend or not to suspend execution if
the judgment creditor does not file a bond.

The judgment creditor cannot be compelled to file a bond because he is at


complete liberty to do so.
Without an indemnity bond, the sheriff acts at his own risk if he keeps the
property (can be liable for damages).

Sec. 17.
notice.

Penalty for selling without notice, or removing or defacing

PERSONS LIABLE UNDER SECTION 17


1) Officer selling without notice
2) Any person willfully removing or defacing notice posted (e.g. notice
posted in 3 public places)
What is the liability?
Liable for punitive damages = P5000, in addition to actual damages

Sec. 18. No sale if judgment and costs paid.


If judgment obligor paid the amount of judgment no writ of execution may
be issued or implemented.
Sec 19. How property sold on execution; who may direct manner and
order of sale.
Sale at a public auction, to the highest bidder
Sale of real properties must be made in the province where the same are
situated.
Purpose is to obtain the best price
PERSONS PROHIBITED FROM BUYING
Judge, who issued the writ of execution
Officer conducting sale, or his deputy
EFFECT OF SALE OF REAL PROPERTY IN MASS
General Rule: valid

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

Mere inadequacy of price is not material if there is a right of redemption.


Shocking inadequacy of price may be ground for setting aside sale.
Who has jurisdiction to set aside execution sale?
Court w/c rendered judgment that became final and executor has
exclusive jurisdiction
Sec. 20. Refusal of purchaser to pay. IF PURCHASER REFUSES TO PAY
Officer may sell again the property to the highest bidder
Refusing purchaser may be liable for amount of loss occasioned by such
refusal
Refusing purchaser may be punished for contempt
Officer may reject subsequent bid of refusing purchaser
Sec. 21. Judgment obligee as purchaser.
If judgment obligee is the successful bidder

BID JUDGMENT
Judgment obligee not required to pay bid

IF BID JUDGMENT
Judgment obligee required to pay excess

Sec. 22. Adjournment of sale.


If both debtor and creditor agree, sale may be adjourned to any date and time
agreed upon
Agreement = water of publication of another notice requirement
Sec. 23. Conveyance to purchaser of personal property capable of manual
delivery.
The sheriff must deliver the property to the purchaser
If desired he shall execute and deliver a certificate of sale
No right of redemption in sales of personal property on execution
Sec. 24. Conveyance to purchaser of personal property not capable of
manual delivery.
Officer must execute and deliver to purchaser certificate of sale (symbolic
delivery)
Sec. 25. Conveyance of real property; certificate thereof given of to
purchaser and filed with registry of deeds.

CERTIFICATE OF SALE MUST CONTAIN


1) Description of real property sold;
2) Price paid (per lot)
3) Whole price paid
4) Statement of right redemption 1 year from date of registration of certificate of
sale
ORDINARY SALE ON EXECUTION
Need not be confirmed
Right of redemption
Purchaser acquires title upon expiration
period

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.

Sec. 26. Certificate of sale where property claimed by 3rd person.


- A certificate of sale must bear such claim by 3 rd person.
- Where property sold is real property, the period of redemption is one year
from and after registration of the certificate of sale.
- Certificate of sale of real property is merely a memorial of the fact of sale
and does not confer nay right to the possession, much less the ownership,
of the real property purchased.
- It is the deed of sale executed by the sheriff at the expiration of the period
of redemption which constitutes effective conveyance of the property sold
and entitles the purchaser to possession of the property sold.

Sect. 27. Who may redeem real property so sold.

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

A surely is NOT a successor in interest


By paying the debt, he stands in the place of the creditor, not obligor
Right of redemption cannot be levied on by judgment creditor
The judgment debtor may, of course, legally sell his right or
redemption

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

Payment how and to whom made


Tender of redemption money may be made to purchaser or sheriff
If tender to sheriff duty to accept
Medium of payment
Cash, although Sec 9, Rule 39 allows certified bank check
If check is dishonored, redemption invalid
If check became stale for not being presented, through no fault of
redemptioner, redemption valid

Amounts payable on Redemption


JUDGMENT OBLIGOR
If the redeems from the purchaser:

REDEMPTIONER
If he redeems from the purchaser:

Purchase price + 1% interest +


assessment or taxes
If he redeems from redemptioner
- Redemptioner price + 2% interest
+ assessment or taxes
-

Same as judgment obligor


Amount of lien, if purchaser
also creditor w/ prior lien
If he redeems from redemptioner
- Same as judgment obligor
- Amount of liens held by last
redemptioner prior to his own,
w/ interest
-

Sec. 29. Effect of redemption by judgment obligor, and a certificate to be


delivered and recorded thereupon; to whom payments on redemption
made.
If judgment obligor redeems, no further redemption is allowed. The person to whom
redemption was made must executer and deliver to the judgment obligor a
certificate of redemption.
Payments may be made to the purchaser, redemptioner, or sheriff.
Sec 30. Proof required of redemptioner.

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.

Failure to produce proof by redemptioner is waived by refusal on other


grounds.
Validity of redemption not affected by failure to present proof
If person to whom redemption was offered accepts without requiring
proof redemption valid

Sec 31. Manner of using premises pending redemption; waste restrained.


Until the expiration of the time allowed for redemption, the court can restrain
commission of waste on the property by injunction upon application by the
purchaser or judgment obligee, with or without notice.
WHAT IS NOT COMMISSION OF WASTE BY THE PERSON ENTITLED TO
POSSESSION

1) Use in the same a manner previously used;


2) Use in the ordinary course of husbandry; or
3) Make necessary repairs to buildings thereon while the person occupies
the property
Sec 32. Rents, earnings and income of property pending redemption.
Purchaser or redemptioner not entitled to receive the rents, earnings, and income
of property sold on execution
All rents, earnings, and income pending redemption shall belong to the judgment
obligor
- Why is the purchaser not entitled to the rents? Because interest is paid to
him.
- During the period of redemption, judgment obligor is entitled to the
possession and to receive the fruits of the premises and is not required to
pay rent to the creditor or purchaser.
- Summary of the right of the obligor:
a. To remain in possession.
b. To collect rents and profits within the one year period.
c. Not to be ejected in the premises.
d. To use the property in the manner in which it was previously used.
e. To use it in the ordinary course of husbandry.

Sec 33. Deed and possession to be given at expiration of redemption


period; by whom executed or given.
PURCHASER ENTITLED TO
- Conveyance and possession of property
- Execution of deed by sheriff
- Acquire all rights, title, interest and claim of judgment obligor to property
- Writ of possession
Writ of possession may be enforced against judgment obligor,
successors-in-interest
- But NOT against persons whose right of possession is adverse to the
latter

Sec 34. Recovery of price if sale not affective; revival of judgment.


If purchaser fails to recover possession, evicted, judgment reversed, property
exempt form execution, or 3 rd party vindicated claim, purchaser may, on in a
separate action:
1) Recover from creditor price w/ interest, or so much w/c is not returned to
judgment obligor; or
2) Have original judgment revived for whole price w/ interest
Sec 35. Right to contribution or reimbursement.
If property is executed against several persons, and more than due proportion has
been satisfied one who says may compel contribution from the others
If surety pays he may compel repayment from the principal
Sec. 36. Examination of judgment obligor when judgment unsatisfied.
Upon return of writ of execution, and judgment is still unsatisfied, the creditor may
ask the court to require the debtor to appear and his property or income be
examined.

WHAT ARE PROCEEDINGS SUPPLEMENTARY TO EXECUTION?


- They are proceedings to aid judgment creditors in discovery of
debtors property and its application to the satisfaction of judgment
- It is to compel the disclosure of any property that is not exempt from
execution
1) Sec 36 examination of judgment obligors property
2) Sec 37 examination of judgment obligors debtor (garnishee)
3) Sec 38 enforcement of attendance and conduct of examination
(punishable by contempt)
4) Sec 39 judgment obligors debtor may pay sheriff
5) Sec 40 order to apply to obligors property in the hands of another
investigate income , expenses, earnings order fix monthly payments
6) Sec 41 appoint receiver
7) Sec 42 sale of debtors interest in real estate
8) Sec 43 if garnishee denies debt, court may order creditor to institute
action against such person to pay debt
Sec 37. Examination of obligor of judgment obligor.
Any person or corporation who has property of the debtor, or is indebted to the
debtor court may order such person to be examined to bind the credits due to
debtor
CITATION the garnishee becomes a forced intervenor, requiring him to pay his
debt not to the judgment debtor but to the creditor (a form of involuntary
novation)

Sec 38. Enforcement of attendance and conduct of examination.


A party or other person may be compelled by an order of subpoena, to attend
before the court or commissioner to testify ad provided in Sec 36 & 37.
Failure to obey such order or subpoena may be punished for contempt.
Sec 39. Obligor may pay execution against obligee.
Persons indebted to the debtor may pay sheriff. Sheriffs receipt shall mean a
discharge for the amount paid and shall be credited by the obligee on execution
Sec 40. Order for application of property and income to satisfaction of
judgment.
Court may order property of judgment obligor, or money due him, in the hands of
either himself or another, to be applied to the satisfaction of the judgment
Investigation of income and expenses if it appears earnings more than necessary
for support of family court may order that he pay judgment in fixed monthly
installments otherwise contempt.
Other remedies if youre the judgment obligee and youre scared the properties of
the judgment obligor would be disposed of:
1. File an application for receivership;
2. File a motion to forbid transfer and disposition or interference with property
of judgment obligor not exempt from execution
3. Sale of ascertainable interest of judgment obligor in real estate
Sec 41. Appointment of receiver.
The sheriff is not a proper person to be appointed as receiver.
Sec 42. Sale of ascertainable interest of judgment obligor in real estate.
If judgment obligor has interest in real estate (as mortgagor or mortgagee, or
otherwise)
Receiver may be ordered to sell and convey real estate or interest therein
Sec 43. Proceedings when indebtedness denied or another person claims
property.
Person or corporation having property of obligor or indebted to him, claims an
interest in property adverse to him or denies debt
Court may:
Authorize judgment obligee to institute action against person or
corporation for recovery of such interest or debt; or
Forbid transfer or other disposition of such interest or debt w/in 120 days
from notice of order; or
May punish disobedience of such order as for contempt
Court cannot make a finding that 3 rd person has in his possession property
belonging to judgment debtor or is indebted to him and to order said person to pay
amount to judgment creditor

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

ENTRY OF SATISFACTION OF JUDGMENT-WHEN MADE


1) Upon return of execution satisfied
2) Upon filing of admission of satisfaction by creditor
3) Upon indorsement of such admission
4) Upon order of the court
Creditor who compels satisfaction of judgment loses right of appeal
Debtor who voluntary satisfies judgment loses right to appeal
But, the debtor who is compelled to pay does NOT lose right to appeal
TENDER OF PAYMENT OF JUDGMENT
-

If tender refused, not necessary


to make consignation
Court may direct money to be
paid to the court, and order entry
of satisfaction of judgment

TENDER OF PAYMENT OF
CONTRACTUAL DEBT
- If tender refused, must consign
payment w/ court

Sec 46. When principal bound by judgment against surety.


SURETY SUED ALONE
-

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

PRICIPAL AND SURETY


JOINTLY SUED
- Judgment may be
rendered
against
them
jointly
&
severally
- Surety should file
cross-claim
for
reimbursement

PRICIPAL SUED ALONE


-

Principal has no
cause of action
against surety

If principal not
notified, he may
set up defenses in
a
subsequent
action

Sec 47. Effect of judgment or final orders.


What is RES JUDICATA?
It is a matter adjudged; an existing final judgment or decree rendered on the
merits is conclusive upon the rights of the parties or their privies, in all other
actions or suits of the same or any other judicial tribunal, on the points and
matters in issue in the first suit.
It is based on the principle that parties should not litigate the same matter
more than once.
REQUISITES OF RES JUDICATA
1. Former judgment or order must be final and executor
2. Court has jurisdiction over subject matter and parties
a. A void judgment can be attacked collaterally but a voidable judgment
can only be attacked directly
b. Doctrine of res judicata is predicated upon a prior valid judgment
3. Former judgment or order was on merits
c. Need a full trial for a judgment on the merits? Not necessarily what are
the instances when judgment on the merits without a trial?
i. Two-dismissal rule
ii. Dismissal due to fault of plaintiff
iii. Minute resolution of the SC
4. Identity of parties, subject matter, and cause of action between first
and second action.
d. The rule on identity on parties only requires substantial identity of
parties (not absolute)
e. Test to determine identity of cause of action: same evidence test
(whether the same evidence will sustain both cases)

Test to determine identity of cause of action


Whether the same evidence would sustain both causes of action.
Res Judicata applies only between adverse parties in a former suit, NOT
between co-parties.

RES JUDICATA OR BAR BY PROPER


JUDGMENT
- Refers to same action, claim or
demand
-

Absolute bar to subsequent


action
There is finality as to the claim
or demand in controversy, not
only to matters presented, but
as to any other admissible
matter which might have been
presented
Identity of parties, SM, cause of
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

Identity of parties, SM only

Sec. 48. Effect of foreign judgments or final orders.


1) Specific thing conclusive upon title
2) Against a person presumptive evidence of a right
HOW DO YOU ENFORCE FOREIGN JUDGMENTS?
By filing an action based on the said judgment; foreign judgment is
presumed to be valid and binding

HOW DO YOU RECOGNIZE A FOREIGN JUDGMENT?


Raise the foreign judgment as res judicata in the defense (not in
separate action)
APPEALS
IMPORTANT: Take note of the new rule!

Neypes v. CA (September 14, 2005) To standardize the appeal periods


provided in the Rules and to afford litigants fair opportunity to appeal their
cases, the Court deems it practical to allow a fresh period of 15 days within
which to file the notice of appeal in the Regional Trial Court counted from
receipt of the order dismissing a motion for a new trial or motion for
reconsideration.

Henceforth, this fresh period rule shall apply to:


1. Rule 40 governing appeals from the Municipal Trial Courts to the
Regional Trial Courts;
2. Rule 41 governing appeals from the Regional Trial Courts;

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.

RULE 40 APPEAL FROM MTC TO RTC


Section 1. Where to appeal.
- Appeal from a judgment or final order of a MTC may be taken to the RTC
exercising jurisdiction over the area
- Appellant vs. appellee
Sec. 4. Perfection of appeal; effect thereof.
The perfection of the appeal and the effect thereof shall be governed by the
provision of Section 9, Rule 41.

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

When a party is represented by counsel, service of process must be made on


counsel, not on the party. (S.2, Rule 13)
As provided in Sec2, Rule 41 of the pre-1997 Rules of Court, one who
has been declared in default may appeal, without need of an order
lifting the default.
*Metropolitan Bank v. CA
The denial of the Motion being final in character, and not merely
interlocutory, he is allowed by the Rules to appeal therefrom. The test to
ascertain whether an order is interlocutory or final is: Does it leave
something to be one in the trial court with respect to the merits of the case?
If it does, it is interlocutory; if it does not, it is final.
The fifteen-day period for appeal prescribed by law is interrupted or
suspended by a motion for new trial or reconsideration duly filed.
*Manila Memorial Park Cemetery Inc. v. CA, 344 SCRA 769
If the motion for new trial or reconsideration is denied, the moving party has
only the remaining period from notice of denial within to file a notice
of appeal. No motion for extension of time to file such a notice of appeal is
neither required nor allowed. This rule has been substantially reproduced in
Section 3, Rule 41 of the Rules of Court. amended by NEYPES v. CA, G.R
No. 141524 September 14, 2005 which now provides for the fresh period
rule. (see explanation above before Rule 40).
Sec 2. MODES OF APPEAL
(a) ORDINARY APPEAL the appeal to the Court of Appeals in cases decided
by the Regional Trial Court in the exercises of its original jurisdiction shall be
taken by filing a notice of appeal with the court which rendered the
judgment or final order appealed from and serving a copy thereof upon the
adverse party. No record on appeal shall be required except in special
proceedings and other cases of multiple or separate appeals where the law
or these Rules so require. In such cases, the record on appeal shall be filed
and served in like manner.
(b) PETITION FOR REVIEW the appeal to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of its appellate of
jurisdiction shall be by petition for review in accordance with Rule 42.
(c) APPEAL BY CERTIORARI In all cases where only questions of law are
raised or involved, the appeal shall to the Supreme Court by petition for
review on certiorari I accordance with Rule 45.
Sec. 3. Period of ordinary appeal.
Notice of Appeal within 15 days from notice of judgment Record on Appeal 30
days.

GENERAL RULE: Motion for extension of time of to file a motion for


new trial or reconsideration is prohibited; such a motion is only
available in cases pending with the Supreme Court
*Habaluyas v. Japson, 142 SCRA 208
Perfection of appeal within the reglementary period is jurisdictional.
EXCEPTION: where there has been extrinsic fraud, accident, mistake or
excusable negligence (FAME), resort to Petition for Relief from judgment
under Rule 38 may be had.
As a rule, it is the appellate court which will determine whether the appeal
is pro forma, frivolous or dilatory and thereafter dismiss the appeal.
Sec. 4. Appellate court docket and other lawful fees
Failure to pay fees within the period allowed is a ground for dismissal of
the Appeal.
Sec. 5. Notice of Appeal
The notice of appeal shall indicate the parties to the appeal, specify the
judgment or final order or part thereof appealed from, specify the court
to which the appeal is being taken, and state the material dates showing
the timeless of the appeal
Even if no notice of appeal was filed, such defect may be disregarded if there
was a record on appeal duly filed, as the same is equivalent to a notice of
appeal.
Notice of appeal the entire record is transmitted
Record on appeal 30 days. You are required to file a lot of documents.

Sec. 6. CONTENTS OF RECORD ON APPEAL:


a. Full names of all parties to the proceedings shall be stated in the
caption;
b. Include judgment or final order from which appeal is taken;
c. In chronological order, copies of only such pleadings, petitions, etc. and
all interlocutory orders as are related to the appealed judgment;
d. Data showing that appeal perfected in time material date rule;
e. If an issue of fact is to be raised, include by reference all the evidence,
oral or documentary, taken upon the issues involved.
When both parties are appellants, they may file a joint record on
appeal or one of them may adopt the record on appeal filed by the other
(adverse party) within 30 days from notice of judgment or order appealed
from or within the time fixed by the court.

Sec 7. Approval of record on appeal.


Upon the filing of the record on appeal for approval and if no objection is filed by the
appellee within five(5) days from receipt of a copy thereof, the trial court may
approve it as presented or upon its own motion or at the instance of the appellee,
may direct its amendment by the inclusion of any omitted matters which are
deemed essential to the determination of the issue of law or fact involved in the
appeal. If the trial court orders the amendment of the record, the appellant, within
the time limited in the order, or such extension thereof as may be granted, or if no
time is fixed by the order within ten (10) days from receipt thereof, shall redraft the
record by including therein, in their proper chronological sequence, such additional
matters as the court may have directed him to incorporate, and shall thereupon
submit the redrafted record for approval upon notice to the appellee, in liked
manner as the original draft.
Sec. 8. Joint record on appeal. When both parties are appellants.

GENERAL RULE: AN ORDINARY APPEAL STAYS THE EXECUTION OF A


JUDGMENT
EXCEPTIONS:
a. Decisions of quasi-judicial body appealed to the CA
b. Executions pending appeal
c. Cases covered by Summary Procedure

Sec. 9. Perfection of appeal; effect thereof.


Notice Of Appeal Record Of Appeal Distinguished As To Effect;
NOTICE OF APPEAL(which one is
notice of APPEAL AND RECORD OF
APPEAL?)
Partys appeal by notice of appeal deemed
perfected as to him upon the filing of the
notice of appeal in due time
Court loses jurisdiction over case upon
perfection of the appeals filed in due time
and expiration of time to appeal of other
parties

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.

In either appeal by notice of appeal or appeal by record of appeal,


prior to the transmittal of the original records or records of appeal,
RTC may: (IAPOA)

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.

RULE 42 PETITION FOR REVIEW FROM THE


RTC TO THE CA
Sec. 1. How appeal taken; time for filing.
A party desiring to appeal from a decision of the Regional Trial Court rendered in the
exercise of its appellate jurisdiction may file a verified petition for review with the
Court of Appeals, paying at the same time to the clerk of said court the
corresponding docket and other lawful fees, depositing the amount of P500.00 fro
costs, and furnishing the Regional Trial Court and the adverse party with a copy of
the petition. The petition shall be filed and served within fifteen (15) days form
notice of the decision sought to be reviewed or of the denial o petitioners
motion for new trial or reconsideration filed in due time after judgment. Upon
proper motion and the payment of the full amount of the docket and other lawful
fees and the deposit for costs before the expiration of the reglementary period, the
Court of Appeals may grant an additional period of fifteen (15) days only
within to file the petition for review. No further extension shall be granted for
the most compelling reason and in no case to exceed fifteen (15) days.
General rule: No extension
Except: For most compelling reasons
If extension is granted, it should not exceed 15 days
Sec. 2. FORM AND CONTENTS.
The petition shall be filed in seven (7) legible copies, with the original copy intended
for the court being indicated as such by the petitioner, and shall
a. State the full names of the parties to the case, without impleading the
lower courts or judges thereof either as petitioners or respondents;
b. Indicate the specific material dates showing that it was filed on time;
c. Set forth concisely a statement of the matters involved, the issues
raised, the specification of errors of fact or law, or both, allegedly

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)

Non-compliance with the 2 (d) is a ground for the dismissal of a


petition based on 3 of the same rule,
*Atillo v. Bombay
The phrase of pleadings and other material portions of the record: in 2 (d) is
followed by the phrase as would support the allegations of the petition. This
contemplates the exercise of discretion on the part of the petitioner in the
selection of documents that are deemed to be relevant to the petition.
However, while it is true that it is petitioner who initially exercises the
discretion in selecting the relevant supporting documents that will be
appended to the petition, it is the CA that will ultimately determine if the
supporting documents are sufficient to even make out a prima facie case.
RULE 43 : APPEALS FROM THE CTA AND QUASI-JUDICIAL AGENCIES
TO THE CA
Section 1. Scope.
This Rule shall apply to appeals from judgments or final orders of:
1. Court of Appeals
2. QUASI-JUDICIAL AGERNCIES
a. Civil Service Commission;
b. Central Board of Assessment Appeals;
c. Securities and Exchange Commission;
d. Office of the President;
e. Land Registration Authority;
f. Social Security Commission;
g. Civil Aeronautics Board;
h. Bureau of Patents, Trademarks and Technology Transfer;
i. National Electrification Administration;
j. Energy Regulatory Board;
k. National Telecommunications Commission;

l.
m.
n.
o.
p.
q.
r.

Department of Agrarian Reform under RA No. 6657;


GSIS;
Employees Compensation Commission;
Agricultural Inventions Board;
Insurance Commission;
Construction Industry Arbitration Commission;
Voluntary arbitrators

Sec 2. Cases not covered.


This Rule shall not apply to judgments or final orders issued under the Labor Code of
the Philippines.
Sec 3. Where to appeal CA.
Sec 4. Period of appeal 15 days
(Extensions same in Sec 1. Rule 42)
Sec 5. How appeal taken.
- Verified petition for review in seven (7) legible copies
- Docket fees P500.00
Sec 6. CONTENTS OF THE PETITION. (Same as Sec 2. Rule 42)
Sec 7. Failure to comply with requirements ground for dismissal.
Sec 8. Action on the petition. (Same as Sec. 4. Rule 42)
The CA may require respondednts to file comment on the petition, not a motion
to dismiss, within 10 days from notice, or dismiss the petition if it finds the same to
be patently without merit, prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to require consideration.
Sec 9. CONTENTS OF COMMENT.
- Filed within 10 days in 7 copies
(a) Point out insufficiencies or inaccuracies in petitioners statement of
facts and issues; and
(b) State the reasons why the petition should be denied or dismissed. A copy
thereof shall be served on the petitioner, and proof of such service shall be filed
with the Court of Appeals.
Sec 10. Give due course upon prima facie finding that court committed
errors; The findings of fact of the court or agency concerned, when
supported by substantial evidence, shall be binding on the court of Appeals.
Sec 11. Transmittal of record.
Sec 12. Appeal shall not stay the award or judgment.
Sec 13. Submission for decision.

PROCEDURE IN THE COURT OF APPEALS


[Rules 44 to 55]
Appeals from judgments and final orders of the Court of Tax Appeals and
quasi-judicial agencies in exercise of quasi-judicial functions (unless
otherwise provided by law and the Labor Code [NLRC decisions])
a. Shall be by filing a verified petition for review in 7 copies with the
CA, with proof of service of a copy to the adverse party and on the
court/agency a quo, and payment of the docket or lawful fees and
deposit of P500.00 for costs;
b. To be taken within 15 days form notice of award, judgment, final order
or resolution or from notice of the denial of the motion for
reconsideration, or from the date of its last publication If publication is
required,
c. Whether the appeal involves questions of fact, of law, or mixed
questions of fact and law.
Only 1 motion for reconsideration allowed.
*St. Martins Funeral Homes v. NLRC decisions of the NLRC: original
action for certiorari under rule 65 filed with the CA, not SC
*Fabian v. Desierto appeals from decisions of the Office of the
Ombudsman in administrative disciplinary cases should be taken to the CA
under Rule 43.
According to A.M. NO. 99-2-02-SC (promulgated February 9, 1990),
any appeal by way of petition for review from a decision, final
resolution or order of the Ombudsman, or special civil action relative
to such decision, filed with the SC after March 15, 1999 shall no
longer be referred to the CA, but shall be dismissed. The remedy
prescribed in Rule 43 is inapplicable when there is allegation that
the resolution is patently illegal and issued with grave abuse of
discretion.
*Fortich v. Corona, 289 SCRA 264
The remedy prescribed in Rule 34 such that appeals from awards, judgments,
final orders or resolutions of any quasi-judicial agency exercising quasijudicial functions including the office of the President may be taken to the
Court of Appeals by filling a verified petition for review within 15 days from
notice of said judgment, final order or resolution, whether the appeal involves
question of fact, of law or mixed questions of fact and law is inapplicable
where the petition contains an allegation that the challenged resolution is
patiently illegal and was issued with graved abuse of discretion and
beyond the public respondents jurisdiction when said resolution
substantially modified the earlier decision which had long become final and
executory.
What is mandatory is to attach the clearly legible duplicate originals or
certified true copies of the judgments or final orders of the lower courts.

*Jaro v. Court of Appeals


Section 6 of Rule 43 does not require that all of the supporting papers or
annexes accompanying the petition should be certified true copies or
duplicate originals. What is mandatory is to attach the clearly legible
duplicate originals or certified true copies of the judgment or final orders of
the lower courts.
*Pastor v. City of Pasig
Appeals from the decisions or final orders of the Civil Service Commission to
the Court of Appeals should be by a petition for review pursuant to Rule 43 of
the 1997 Rules of Civil Procedure
A copy of the petition should be served on the adverse party and on the Civil
Service Commission.
Section 6, Rule 43 does not impose the requirement that all
supporting papers accompanying the petition for review should be
certified true copies.
*Cadayona v. Court of Appeals
Section 6 of Rule 1 states that the Rules shall be liberally constructed in
order to promote their objective of securing a just, speedy, and inexpensive
disposition of every action and proceeding . In line with this guideline, we
do not construe the above quoted section as imposing the requirement. A
comparison provision in Rule 42 would show that under the latter, only the
judgments or final orders of the lower courts need be certified true
copies or duplicate originals. Also under Rule 45 of the Rules of Court,
only the judgment or final order or resolution accompanying the petition must
be clearly legible duplicate original or a certified true copy thereof certified
by the clerk of court of the court a quo. Even under Rule 65 governing
certiorari and prohibition, petitions need be accompanied by certified true
copies of the questioned judgment, it being sufficient that copies of all other
relevant documents should accompany the petition. Numerous resolutions
issued by this court emphasizes that in appeals by certiorari under Rule 45
and original civil actions for certiorari under Rule 65 in relation to Rules 46
and 56, what is required to be in a certified true copy is the copy of the
questioned judgment, final order or resolution.
No plausible reason suggests itself why a different treatment, i.e. A stricter
requirement should be given to petitions under Rule 43, which governs
appeals from the Court of Tax Appeals and quasi-judicial agencies to the
Court of Appeals. None could be intended by the framers of the Rules.
*Argel v. Court of Appeals
The Habaluyas case laid down two prohibitions. First, is the doctrine that The
15 day period for filing an appeal is non-extendible. Second, the
prohibition against the filing of a motion for extension of time to file
a motion for new trial or reconsideration in all courts, except the
Supreme Court. The Habaluyas rulling has been continuously reiterated. It
has likewise been enshrined in Section 2, Rule 40 and Section 3, Rule 41 of

the 1997 Rules of Civil Procedure. Neither the jurisprudence nor the
procedural rules just referred to provide for an exception.

PROCEDURE IN THE COURT OF APPEALS


RULE 44 ORDINARY APPEALED CASES
Sec 1. Title of Cases, Appellant v. appellee
Sec 2. Counsel and guardians.
Sec 3. Order of transmittal or record within 30 days.
Sec 4. Docketing of case.
Xxx Any unauthorized alteration, omission or addition in the approved
record on appeal shall be a ground for dismissal or the appeal.
Sec 5. Completion of record.
Sec 6. Dispensing with complete record if not completed within time
allotted.
Sec 7. APPELANTS BRIEF within forty-five (45) days from receipt of the notice of
the clerk
Sec 8. APPELLEES BRIEF - within forty-five (45) days from receipt of the
appellants brief
Sec 9. APPELLANTS REPLY BRIEF within twenty (20) days from receipt of the
appellees brief
Sec 10. Time for filing memoranda in special cases.
In certiorari, prohibition, mandamus, quo warranto and habeas corpus
cases, the parties shall file, in lieu of briefs, their respective memoranda within a
non-extendible period of thirty (30) days from receipt of the notice issued by
the clerk that all the evidence, oral and documentary, is already attached to the
record.
The failure of the appellant to file his memorandum within the period
therefor may be a ground for dismissal of the appeal.
Sec 11. Several appellants or appellees or several counsel for each party.
Sec 12. Extension of time for filing briefs.
Extension of time for the filing of briefs will not be allowed, except for good and
sufficient cause, and only if the motion for extension is filed before the
expiration of the time sought to be extended.
Sec 13. CONTENTS OF APPELLANTS BRIEF.
a. Subject index of the matter
b. Assignment of errors
c. Statement of the case

d.
e.
f.
g.
h.

Statement of Facts
Statement of issues of fact and law
Arguments
Relief
Copy of the judgment appealed from

It is the duty of the counsel to designate the briefs by references to the


pages on record.
GENERALLY: Appellants Brief must contain a Specific Assignment of Errors,
otherwise, its absence may be a ground for dismissal
EXCEPT: When the sole question raised was whether the complaint was
sufficient to constitute a cause of action
Sec. 14. CONTENTS OF APPELLEES BRIEF.
a. Subject index of the matter
b. Statement of facts
c. Argument
GENERALLY: Appellees brief need NOT contain an assignment of errors
because he is seeking no affirmative relief, his purpose is only to uphold the
ruling of the lower court.
EXCEPT:
i. When his purpose is to maintain the judgment on other grounds
ii. when he also appealed
GENERALLY: An appellant may only include errors of law raised in the court
a quo and that which is within the issues farmed by the parties (i.e. questions
which were not raised in the lower court may not be raised for the first time
on appeal.)
EXCEPT: when there is a question of lack of jurisdiction over the subject
matter.
GENERALLY: a change of theory by the party is not allowed, but a change in
emphasis is allowed
EXCEPT: when the factual bases or the theory would NOT require the
presentation of additional evidence by the adverse party to enable him to
meet the issues raised in the new theory.

RULE 45 APPEAL BY CERTIORARI TO THE


SUPREME COURT (AS AMENDED ON DEC. 2, 2007)
Sec 1. Filing of petition with Supreme Court.
A party desiring to appeal by certiorari from a judgment or final order or resolution
of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals the Regional
Trial Court or other courts whenever authorized by law, may file with the Supreme
Court a verified petition for review on certiorari. The petition may include an
application for a writ of preliminary injunction or other provisional remedies and
shall raise only questions of law which must be distinctly set forth. The petitioner
may seek the same provisional remedies by verified motion filed in the same action
or proceeding ay any time during its pendency.
APPEAL BY CERTIORARI (RULE 45)
Review only errors of law committed
by lower court
parties are the same (w/c impleading
the court/judge)
Purpose is to affirm, reverse or modify
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

GENERALLY: Only questions of law may be raised in a petition for review


under Rule 45 of the Rules of Court.
EXCEPTIONS TO RULE THAT ONLY QUESTIONS OF LAW MAY BE RAISED
UNDER RULE
1) When the factual findings of the Court of Appeals and the trial court
are contradictory;
2) When the conclusion is a finding grounded entirely on speculation,
surmises or conjectures;
3) When the inference made by the Court of Appeals from its finding of
facts is manifestly mistaken, absurd or impossible;
4) When there is grave abuse of direction in the appreciation of facts;
5) When the appellate court in making its findings, went beyond the
issues of the case, and such findings are contrary to the admissions of
both appellant and appellee;
6) When the judgment of the Court of Appeals is premised on
misapprehension of facts;
7) When the Court of Appeals failed to notice certain relevant facts which,
if properly considered, would justify a different conclusion;
8) When the finding of facts are themselves conflicting;

*Salcedo v. People, 347 SCRA 499; Medina v. Asistio Jr.


(9) When the filing of facts are conclusions without citation of the specific
evidence on which they are bases, and (10) When the findings of fact of the
Court of Appeals are premised on the absence of evidence but such findings
are contradicted by the evidence on record.
QUESTION OF LAW

LEGAL QUESTION

QUESTION OF FACT

Does not involve the


examination of the
probative value of the
evidence presented

Regarding the
interpretation of law, legal
issues, meaning of law

Doubt or difference as to
the truth or falsity of the
facts alleged

When there is doubt as to


what law is on a certain
set of facts
Sec 2. Time for filing; is within 15 days from notice of judgment; extension
of 30 days for justifiable reasons.
Sec 3. Docket and other lawful fees; proof of service of petition. P500.00
Sec 4. CONTENTS OF PETITION
- (same as Sec 2 Rule 42)
Sec 5. Dismissal or denial of petition for failure to comply with
requirements
The Supreme Court may on its own initiative deny the petition on the ground that the
appeal is without merit, or is prosecuted manifestly for delay, or that the questions
raised therein are too unsubstantial to require consideration.
Sec 6. Review discretionary; reasons that will be considered
(a) When the court a quo has decided a question of substance, not
theretofore determined by the Supreme Court, or has decided it in a way
probably not in accord with law or with the applicable decisions of the Supreme
Court; or
(b) When the court a quo has so far departed from the accepted and usual
course of judicial proceedings, or so far sanctioned such departure by a
lower court, as to call for an exercise of the power of supervision.
Sec 7. Pleadings and documents that may be required; sanctions in case of
noncompliance with conditions.
Sec 8. Due course; elevation of records. within fifteen (15) days from notice.
Sec 9. Rule applicable to both civil and criminal cases.
- Except in criminal cases where the penalty imposed is death,
reclusion perpetua or life imprisonment.
In petitions for review on certiorari as a mode of appeal under Rule
45 of the Rules of Court only questions of law may be raised

*Laza v. Court of Appeal, 269 SCRA 654


When this court (the Supreme Court) is asked to go over the proofs
presented by the parties, and analyze, assess and weight them to ascertain if
the trial court and the appellate court were correct in according superior
credit to this or that piece of evidence and eventually the totality of the
evidence of one party or the other, the court can not and will not do the
same.
A petition for review under Rule 45 is a made of appeal; order of the
trial court granting a writ of possession is merely interlocutory from
which no appeal could be taken.
*City of Manila v. Serrano
Rule 45 Section 1 of the 1997 Rules of Civil Procedure applies only to final
judgments or orders of the Court of Appeals, the Sandiganbayan, and the
Regional Trial Court.
*Fabian v. Desierto
Allowance of appeals by certiorari under Rule 45 Appeals from
decisions of the Office of the Ombudsman in administrative disciplinary cases
should be taken to the Court of Appeals under the provisions of Rule 43.
*Delsan Transport Lines v. Court of Appeals
The Supreme Court, in accordance with the liberal spirit pervading the Rules
of Court and in the interest of justice may decide to treat a petition for
certiorari as having been filed under Rule 45, especially if it is filed within the
reglementary period for the same.
Petition cannot be subsumed simultaneously under Rule 45 and Rule
65
*Ybanex v. Court of Appeals
The Supreme Court cannot tolerate the practice of categorizing a petition to
be both under Rule 65 and Rule 45, Rules of Court, as the petition cannot
be subsumed simultaneously under Rule 45 and Rule 65, and neither may
petitioners delegate upon the court the task of determining under which rule
the petition should fall. Under Circular 2-9, wrong or inappropriate mode of
appeal, merits an outright dismissal.
Petition For Review Distinguished From Petition For Certiorari
*Banco Filipino v. CA 334 SCRA 305
A Petition for certiorari seeks to correct errors of jurisdiction while a
petition for review seeks to correct errors of judgment committed by
the court. Errors of judgments include errors of procedure or mistakes in the
courts ruling. The remedies of appeal and certiorari are mutually exclusive
and not alternative or successive. Although it is true that the Supreme Court
may treat a petition for certiorari as having been filed under Rule 45 to serve
the higher interests of justice, it cannot be availed of when the petition is

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.

RULE 47 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND


RESOLUTIONS
Sec 1. Coverage.
This Rule shall govern the annulment by the Court of Appeals of judgments or final
orders and resolutions in civil actions in Regional Trial Court for which the ordinary
remedies of new trial, appeal, petition for relief or other appropriate remedies are
no longer available through no fault of the petitioner.

What shall be annulled?


The rule says judgments or final orders and resolutions in civil actions of
RTCs. There is no such thing as annulment of judgment of HLURB under rule
47, only annulment of RTC final order or resolution.

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

Except when the case is not allowed by law to be compromised;


(b) To define, simplify and clarify the issues for determination;
(c) To formulate stipulations of facts and admissions of documentary exhibits, limit the

number of witness to be presented in cases falling within the original jurisdiction of


the court, or those within its the its appellate jurisdiction where a motion for new trial
is granted on the ground of newly discovered evidence; and
(d) To take up such other matters which may aid the court in the prompt disposition of
the case.
Sec 2. Record of the conference.
Sec 3. Binding effect of the results of the conference.
Subject to such modifications which may be made to prevent manifest injustice, the
resolution in the preceding section shall control the subsequent proceedings in the
case unless, within five (5) days from notice thereof, any party shall satisfactorily valid
cause why the same should not be followed.
RULE 49 ORAL ARGUMENT
Sec 1. Allowed muto proprio or upon motion; limited to matters specified by
the court in its order.
Sec 2. Conduct of oral argument.
- Unless authorized by the court, only one counsel may argue for a
party.
Sec 3. No hearing or oral argument for motions.
Motions shall not be set for hearing and, unless the court otherwise directs, no
hearing or oral argument shall be allowed in support thereof. The adverse party
may file objections to the motion within five (5) days from service, upon the
expiration of which such motion shall be deemed submitted for resolution.
RULE 50 DISMISSAL OF APPEAL
Sec 1. GROUNDS FOR DISMISSAL OF APPEAL.
An appeal may be dismissed by the Court of Appeals, on its own motion or on that of
the appellee, on the following grounds.
(a) Failure of the record on appeal to show on its face that the appeal
was taken within the period fixed by these Rules;
(b) Failure to file the notice of appeal or the record on appeal within the
period prescribed by these Rules;
(c) Failure of the appellant to pay the docket and other lawful fees as
provided in section 4 of Rule 41;
(d) Unauthorized alterations, omissions or additions in the approved
record on appeal as provided in section 4 of Rule 44;
(e) Failure of the appellant to serve and file the required number of
copies of his brief or memorandum within the time provided by these
Rules;
(f) Absence of specific assignment of errors in the appellants brief, or of
page references to the record as required in section 13, paragraphs (a), (c), (d)
and (f) of Rule 44;
(g) Failure of the appellant to take the necessary steps for the correction
of the record within the time limited by the court in its order;

(h) Failure of the appellant to appear at the preliminary conference under


Rule 48 or to comply with orders, circulars, or directives of the court without
justifiable cause; and
(i) The fact that the order or judgment appealed from is not appealable.
Grounds enumerated are merely directory.
OTHER GROUNDS FOR DISMISSAL OF APPEAL;
1. MOOT CAUSES matters that do not go to the actual merits of the
case; no actual controversy
2. FRIVOLOUS APPEALS representing no justiciable questions, readily
devoid of merit on its face
Material dates are now liberally applied.
The proper court to determine whether the appeal is frivolous is the
appellate court.
Sec 2. Dismissal of improper appeal to the Court of Appeals.
Improper Appeal raises purely questions of law, or by notice of appeal instead of
petition for review.
An appeal erroneously taken to the Court of Appeals shall not be
transferred to the appropriate court but shall be dismissed outright.
Sec 3. Withdrawal of appeal.
An appeal may be withdrawn as of right at any time before the filing of the
appellees brief. Thereafter, the withdrawal may be allowed in the
discretion of the court.
RULE 51 JUDGMENT
Sec 1. When case deemed submitted for judgment.
A case shall be deemed submitted for judgment:
A. In ordinary appeals.
1. Where no hearing on the merits of the main case is hold, upon the filing of the
last pleading, brief, or memorandum required by the Rule or by the court
itself, or the expiration of the period for its filing.
2. Where such a hearing is held, upon its termination or upon the filing of the last
pleading or memorandum as may be required or permitted to be filed by the
court, or the expiration of the period for its filing.
B. In original actions and petitions for review1) Where no comment is filed, upon the expiration of the period to
comment.
2) Where no hearing is held, upon the filing of the last pleading required or
permitted to be filed by the court, or the expiration of the period for its filing.
3) Where a hearing on the merits of the main case is held, upon its termination or
upon the filing of the last pleading or memorandum as may be required or
permitted to be filed by the court, or the expiration of the period for its filing.

Sec 2. By whom rendered.


The judgment shall be rendered by the members of the court who participated in the
deliberation on the merits of the case before its assignment to a member for the
writing of the decision.
Sec 3. Quorum and voting in the court.
The participation of all three Justice of a division shall be necessary at the
deliberation and the unanimous vote of the three Justices shall be required
for the pronouncement of a judgment or final resolution. If the three Justices do
not reach a unanimous vote, the clerk shall enter the votes of the dissenting Justices
in the record. Thereafter, the chairman of the division shall after the case, together
with the minutes of the deliberation, to the Presiding Justice who shall designate two
Justices chosen by raffle from among all the other members of the court to sit
temporarily with them, forming a special divisions of five Justices. The
participation of all the five members of the special division shall be
necessary for the deliberation required in section 2 of this Rule and the
concurrence of a majority of such division shall be required for the
pronouncement of a judgment or final resolution.
In a Division:
QUORUM 3 Justices in a division
VOTING unanimous consent of all 3 Justices
SPECIAL DIVISION a temporary division composed of 5 Justices (2
additional selected by raffle) in case where the 3 justices in a division were
not able to reach a unanimous consent. A majority, consisting of at least 3
Justices, is necessary for the pronouncement of judgment.
Sec 4. Disposition of a case affirm, reverse, modify or direct new trial or further
proceedings
Sec 5. Form of decision. - -- State findings of fact and conclusions of law.
Sec 6. Harmless error that do not affect the substantial rights of the
parties must be disregarded at every stage of the proceeding, not a ground
for new trial or for disturbing judgment.
HARMLESS ERROR errors either in admitting in excluding an evidence, or
defect in the ruling or order, or errors which does not affect the substantial
rights of the parties.
*Important. Harmless Error. Although this is harmless, this is important. Why?
The message is that there must be an assignment of error because the court
will not consider any error not assigned.

No error in either the admission or the exclusion of evidence and no error or


defect in any ruling or order or in anything done or omitted by the court or by

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

Sec 1. Period for filing; ground.


At any time after the appeal from the lower court has been perfected and
before the Court of Appeals loses jurisdiction over the case, a party may file
a motion for a new trial on the ground of newly discovered evidence which could
not have been discovered prior to the trial in the court below by the exercises of due
diligence and which is of such a character as would probably change the result. The
motion shall be accompanied by affidavits showing the facts constituting the
grounds therefor and the newly discovered evidence.
REQUISITES OF A NEWLY DISCOVERED EVIDENCE
1. Must be of such nature that it would not have been discovered prior to
the trial even with the exercise of due diligence.
2. If admitted, would probably change the result of the decision
Motion for Reconsideration and Motion for New Trial Distinguished
MOTION FOR RECONSIDERATION
- Must be filed only after the entry
of judgment

MOTION FOR NEW TRIAL


May be filed even before the
judgment at any time after appeal
has been perfected

Sec 2. Hearing and order.


Sec 3. Resolution of motion within 90 days (CA).
Sec 4. Procedure in new trial same in RTC.

RULE 54 INTERNAL BUSINESS


Sec 1. Distribution of cases among divisions.
Sec 2. Quorum of the Court.
A majority of the actual members of the court shall constitute a quorum for
its session en banc. Three members shall constitute a quorum for its
sessions of a division. The affirmative votes of the majority of the members
present shall be necessary for the pronouncement of a judgment or final resolution,
which shall be reached in consultation before the writing of the opinion by any
member of the division.
Quorum of en banc - majority of members
Voting - majority of quorum
RULE 55 - PUBLICATION OF JUDGMENTS AND FINAL RESOLUTION
Sec 1. Publication Official Gazette
Sec. 2. Preparation of opinions for publication
Sec. 3. General make-up of volumes

SC Philippine Reports
CA Court of Appeals Reports

PROCEDURE IN THE SUPREME COURT


RULE 56-A ORIGINAL CASES
Sec 1. Original cases cognizable.
Only petitions for certiorari, prohibition, mandamus, quo warranto,
habeas corpus, disciplinary proceeding against members of the judiciary
and attorneys, and cases affecting ambassadors, other public ministers
and consuls may be filed originally in the Supreme Court.
Sec 2. Rules applicable.
- The procedure in original cases for certiorari, prohibition, mandamus, quo
warranto and habeas corpus shall be in accordance with the applicable
provisions of the Constitution, laws, and Rules 46, 48, 49, 51, 52 and this
Rule, subject to the following provisions:
a. All references in said Rules to the Court of Appeals shall be understood to
also apply to the Supreme Court;
b. The portions of said Rules dealing strictly with and specifically intended for
appealed cases in the Court of Appeals shall not be applicable; and
c. Eighteen (18) clearly legible copies of the petition shall be filed, together
with proof of service on all adverse parties. The Proceedings for
disciplinary action against members of the judiciary shall be
governed by the laws and Rules prescribed therefor, and those
against attorneys by Rule 139-B, as amended.

RULE 56-B

APPEALED CASES

Sec 3. Mode of appeal.


An appeal to the Supreme Court may be taken only by a petition for review on
certiorari, except in criminal cases where the penalty imposed is death, resolution
perpetua or life imprisonment.
Original Cases in SC distinguished from appealed cases in SC
ORIGINAL CASES
Petition for
1. Certiorari
2. Prohibition
3. Mandamus

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

Otherwise, it will be dismissed

*People v. Mateo (2004)


The Supreme Court assumed the direct appellate review over all criminal
cases in which the penalty imposed is death, reclusion perpetua or life
imprisonment (or lower but involving offenses committed on the same
occasion or arising out of the same occurrence that give rise to the more
reclusion perpetua or life imprisonment is imposed. It is justified under Article
VIII, 5(2)(d) of the 1987. Constitution. It must be stressed, however, that the
exercise of its rule- making power, from adding an intermediate appeal or
review in favor of the accused. Indeed, the occasion best demonstrates the
typical dilemma, i.e. the determination or appreciation of primarily factual
matters which the SC has had to face with automatic review cases; yet, it is
the Court of Appeals that has aptly been given the direct mandate to review
factual issues.

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.

PART II -- PROVISIONAL REMEDIES


RULE 57 61
PROVISIONAL REMEDY is a collateral proceeding, permitted only in connection
with a regular action, and as one of its incidents; one which is provided for present
need or for the occasion, that is, one adapted to meet a particular exigency.
Writs and process available during the pendency of the action which may be
resorted to by a litigant to preserve and protect his rights and interests
therein, pending rendition, and for the purpose of ultimately affecting a final
judgment in the case.
REMEDY the means employed to enforce a right or redress an injury.
PROVISIONAL constituting temporary measures availed of during the
pendency of the action.
ANCILLIARY incidents in and dependent on the result of the main action.
THE FOLLOWING ARE THE PROVISIONAL REMEDIES:

Preliminary Attachment (Rule 57)


Preliminary Injunction (Rule 58)
Receivership (Rule 59)
Replevin (Rule 60)
Support Pendete Lite (Rule 61)

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)

RULE 57 PRELIMINARY ATTACHMENT


Preliminary Attachment -is a provisional remedy issued upon order of the
court where an action is pending to be levied upon the property of the
defendant so that it may be held as security for the satisfaction of whatever
judgment may be rendered in the case (Davao Light and Power, Inc. vs. C.A,
204 SCRA 343).
Being provisional in character, attachment depends for its existence
and effectivity upon the pendency of a principal action in court.
It does not affect the decision on the merits; the right to recover
judgment on the alleged indebtedness and the right to attach the
property of the debtor are entirely separate and distinct, and the
judgment in the main action neither changes the nature nor
determines the validity of the attachment.
Available even if the recovery of personal property is only an incidental
relief sought in the action;
May be resorted to even if the personal property is in the custody of a
third person;
Extends to all kinds of property, real or personal or incorporeal;
To recover possession of personal property unjustly detained,
presupposes that the same is being concealed, removed or disposed of
to prevent its being found or taken by the applicant;
Can still be resorted to even if the property is in custodia legis, as long
as the property belongs to the defendant, or is one in which he has
propriety interests, and with permission of the court.
Grounds upon which attachment may issue
a. Recovery of specified amount of money and damages, except moral or
exemplary, where party is about to depart from the Philippines with
intent to be defraud creditors;
b. Action for money or property embezzled; fraudulently misapplied or
converted to own use by Public Officer, Officer of a corporation,
Attorney, Factor, Broker, Agent, or Clerk in course of employment; or
any person acting in Fiduciary capacity, or for willful violation of duty.
c. Recovery of possession of property (both real and personal) unjustly
detained, when the property is removed, concealed or disposed of to
prevent its being found or taken;

d. Action against party guilty of fraud in contracting the debt or incurring


the obligation upon which action is brought; or in the performance
thereof;
e. Action against party who has concealed, removed or disposed of
property or is about to do so, with intent to defraud creditors;
f.

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.

Final Attachment (Rule 39)


It is a means for the execution of a final
judgment.
It should always be accompanied by a
sale at public auction.
Available after the judgment in the main
action had become executory, and for
the satisfaction of said judgment.
The proceeds of the sale are turned over
to the attaching creditor.

Issuance and Contents of Order of attachment; affidavit and bond

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)

notice to the adverse party or hearing of the application is


as the time which the hearing will entail could be enough
the defendant to abscond or dispose of his property before
issues (Regalado, F. Remedial Law Compendium Vol 1.8 th

Contents of the Affidavit


1. A sufficient cause of action exists;
2. Case is one of those mentioned as grounds for the issuance of preliminary
attachment;
3. No other sufficient security for the claim sought to be enforced by action;
4. Amount due to the applicant or possession of which is entitled to recover is
as much as the sum for which the order is granted above all legal
counterclaims.
PRINCIPLE OF PRIOR OR CONTEMPORARY JURISDICTION:
Enforcement of writ of preliminary attachment must be preceded by or simultaneously
accompanied by service of summons, copy or complaint, application and affidavits for
the attachment and the bond upon the adverse party; BUT the requirement of prior or
contemporaneous service of summons shall not apply where the summons could not
be served despite diligent efforts, or the defendant is a resident of the Philippines
temporarily absent therefrom, or the defendant is a non-resident of the Phils or the
action is in rem or quasi in rem.
Manner of Attaching Property (Real or Personal)
a. Real property, growing crops, interest therein - Order and Notice to
Register of Deeds and Occupant or his agent within the province;
b. Personal property capable of manual delivery sheriff to take and
safely keep it, then issue a receipt;
c. Stocks, shares writ and notice to president or managing agent;

d. Debts, credits, bank deposits, royalties, commissions, personal


property incapable of manual delivery writ and notice to debtor or
person in control thereof.
e. Interest
in
estate
of
deceased

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

who filed a frivolous or spurious claim in same or separate action (Rule 57


Sec 14).
Satisfaction of judgment from attached property in following manner
a. Proceeds of sales of perishable or other properties
b. If there is a balance, sell real or personal properties (attached) in
sheriffs hand or with clerk of court
c. If there is a balance, collect garnished amounts
d. If there is a balance after (a) + (b) + (c) less expenses of proceedings
upon judgment, ordinary execution.
When to apply for damages against the attachment bond:
a. Before trial;
b. Before appeal is perfected;
c. Before judgment becomes executory;
d. In the appellate court for damages pending appeal, before judgment
becomes executory.
Executory judgment
When judgment becomes executory, sureties on counterbond to lift
attachment are charged and can be held liable for the amount of judgment
and cost upon notice and summary hearing. There is no need to first execute
judgment against the judgment obligor before proceeding against sureties.
Claims for damages
Claims for damages cannot be subject of independent action except:
a. When principal case is dismissed by the trial court for lack of
jurisdiction without giving the claiming party opportunity to prove
claim for damages;
b. When damages sustained by a third person not a party to the action.
*Nasser v. CA 191 SCRA 783
A verified complaint stating the facts required to be stated in the affidavit is
sufficient and a separate affidavit need not be executed.
*Davao Light v CA 204 SCRA 343
Prior or contemporaneous service of summons is not necessary for the
validity of the ISSUANCE of writ of attachment.
*Onate v. Abrogar 241 SCRA 659
Prior or contemporaneous service of summons is not necessary for the
validity of the ENFORCEMENT of a writ of attachment.
*Uy v CA 215 SCRA 859
The trial court may validly issue a writ of preliminary attachment even if the
case is on appeal. The trial court may issue orders for the protection and
preservation of the rights of the parties which do not involve any matter
litigated on appeal.

*Adlawan v Torres 233 SCRA 645


Mortgage of property does not amount to removal/disposal so as to come
within the purview of Sec 1 (e) Rule 57
*Carpio v Macadaeg 9 SCRA 552
Mere removal or disposal of property does not justify an attachment. There
must be a showing of intent to defraud defendants creditors before the writ
of attachment may issue.
*Calderon v IAC 155 SCRA 531
The dissolution of a writ of attachment by virtue of the filing of a counterbond
by the defendant does not dissolve the applicants bond and the same may
be proceeded against by the defendant.
*Uy v. CA 191 SCRA 275
Where the sheriff attaches a property claimed by a third person, such person
may institute a separate action to vindicate his right. The rule that property
in custody of the law may not be interfered with another court applies only in
cases where the property belongs to the defendant or one in which he has an
interest.
*PerlaCompania v Ramolete 203 SCRA 487
In order to bind the garnishee on a writ of garnishment, previous service of
summons is not required, only service upon him of the writ of garnishment is
needed.
*Olib v Pastoral G.R. No. 81120 (August 20, 1990)
Where the main action is appealed, the attachment which may have been
issued as an incident of that action is also considered appealed and so also
removed from the jurisdiction of the court a quo.
RULE 58- PRELIMINARY INJUNCTION (AS AMENDED ON DEC. 27, 2007)
INJUNCTION is a judicial writ, process or proceeding whereby a party is ordered to
do or refrain from doing a particular act.
PRELIMINARY INJUNCTION(PI) An order granted at any stage of an action or
proceeding prior to judgment or final order, requiring a party, court, agency or person
to refrain from a particular act or acts.
PRELIMINARY MANDATORY INJUNCTIO (PMI) an order requiring the performance
of a particular act or acts.
Prohibitory
Purpose is to prevent a person from
the performance of a particular act.
The act had not yet been
performed.

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.

Status quo is preserved.

Status quo is restored.

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,

Case of prosecution rather than prosecution,


Charges manifestly false and motivated by lust for
vengeance,
There is clearly no prima facie case against accused and,
Motion to quash on said ground is denied, and
Preliminary injunction issued by SC to prevent threatened
unlawful arrest of petitioners

WHERE PRELIMINARY INJUCTION DOES NOT LIE:


a. Injunction will generally not be granted to take properly out of the
possession of one party and place it in another whose title not clearly
established
b. Foreclosure of a mortgage by a government bank (PD 385);
c. Commencement and performance of infrastructure projects by the
government (RA 8795);
d. Concession, licenses, permits, patents or public grants as to the
disposition, exploitation, utilization, exploration and/or developmental
of natural resources (PD 605)
e. When action for damages would adequately compensate injuries
caused (Golding v. Balabat, 36 Phil. 941)
f. To prevent directors from discharging their offices and restoring former
directors
g. To restrain criminal prosecution where the Ombudsman had authorized
the Special prosecutor to conduct a preliminary investigation or to file
an injunction.
INJUNCTION

PROHIBITION

Generally directed against party


to the action but may be against
any person
Does NOT involve the jurisdiction
of the court

Directed against a court, tribunal, or person


exercising judicial powers

May be main action itself or just a


provisional remedy in the main
action

INJUNCTION
May exceed 20 days.
Restrains
or
requires
the
performances of particular acts.

May be on the ground that the court against


whom the writ is sought acted without or in
excess of jurisdiction;
Always a main action

TRO
Does not exceed 20 days.
Maintain the status quo.

Status quo means the last, actual, peaceable and uncontested


state of things which preceded the controversy.
Status quo order is not a TRO. It is more in the nature of a cease and
desist order. It has no specified duration and does not specifically direct the
performance of an act. It lasts until it is revoked. Its duration may even be
subject to agreement of the parties. NO bond is required for its issuance.
(Riano, 2009, Bar 2006)
Note: it is resorted to when the projected proceedings in the case made the
conservation of the status quo desirable or essential, but the affected party
neither sought such relief nor did the allegations in his pleading sufficiently
make out a case for a TRO.
TRO issued by executive judge for multisala courts/ ordinary judge for single-sala
courts

TRO issued by ordinary judge

Good for 72 hrs

Good for 20 days including the first 72


hrs.
Issued before raffling and issued after
summary hearing.

Issued before raffling and issued ex


parte

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

c. judge shall immediately cause upon adverse party service of


summons, complaint, affidavit, and bond
d. within 72 hours, the judge shall conduct a summary hearing to
determine whether the TRO shall be extended until application for
preliminary injunction can be heard (total period of TRO up to 20 days
only including the 72 hours)
e. if application for preliminary injunction is denied or not resolved within
said period, TRO deemed automatically vacated (except, if it is issued
by CA or member-effective for 60 days from service of copy; if issued
by SC or member effective until further orders)
f. The trial court, the Court of Appeals, the Sandiganbayan or the Court
of Tax Appeals that issued a writ of preliminary injunction against a
lower court, board, officer or quasi-judicial agency shall decide the
main case or petition within six months from the issuance of w\the writ.
(Dec. 27, 2007)
General Rule: Preliminary injunction is not granted without notice and
hearing.
EXCEPTION: When temporary restraining order may be issued ex parte.
Injunction may be refused or dissolved when:
a. complaint is insufficient
b. other grounds upon affidavit of party enjoined (may be opposed by
applicant by affidavits)
c. defendant is permitted to post a counterbond it appearing that he
would sustain great and irreparable injury if injunction granted or
continued while plaintiff can be fully composed;
d. plaintiffs bond is insufficient or defective
PRICIPLE OF PRIOR OR CONTEMPORARY JURISDICTION
When an application for a writ of preliminary injunction or a temporary
restraining order is included in a complaint or any initiatory pleading, the
case, if filed in a multiple-sala court, shall be raffled only after NOTICE to and
IN THE PRESENCE of the adverse party or the person to be enjoined. In any
event, such notice shall be preceded, or contemporaneously accompanied by
service of summons, together with a copy of the complaint and the
applicants affidavit and bond, upon the adverse party in the Philippines; BUT
the requirement or prior or contemporaneous service of summons shall NOT
apply where the summons could not be served despite diligent efforts, or the
defendant is a resident of the Philippines temporarily absent therefrom, or
the defendant is a non-resident of the Philippines.
Difference with principle in preliminary attachment
In attachment, the principle applies only in the implementation of the writ,
while in applications for injunction or TRO, this principle applies before the
raffle and issuance of the writs or TRO.
Lifetime of TRO

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

Trail court of locality where principal office of the corporation wherein


discussions are made has jurisdiction to issue injunction although acts sought
to be performed are outside the courts jurisdiction.
*Paramount Insurance v. CA310 SCRA 377
The requisites for judgment for damages against the surety/ies are (1) the
application for damages must be filed in the same case where the bond was
filed; (2) such application for damages must be filed before entry of
judgment; and (3) there must be hearing and notice to the surety.
RULE 59 RECEIVERSHIP

RECEIVER is an indifferent person between the parties to a cause, appointed by the


court to receive and preserve the property or fund in litigation pendente lite, when it
does not seem reasonable to the court that either party should hold it.
When receiver may be appointed
a. Party has an interest in the property or fund subject of the action and
such is in danger of being lost. Removed, or materially injured;
b. Action by mortgage for foreclosure of mortgage when the property is in
danger of being wasted or materially injured and that its value is
probably insufficient to discharge the mortgage debt, or that the
parties have stipulated in the contract of the mortgage;
c. After judgment, to preserve the property during the pendency of the
appeal, or to dispose of it according to the judgment, or to aid in
execution when execution has been returned unsatisfied or the
judgment debtor refuses to apply his property to satisfy judgment, or
to carry out the judgment.
d. When appointing one is the most convenient and feasible means to
preserve, administer, or dispose of the property in the litigation.
Note: The property must be under litigation.
Purpose: For the preservation of the property involved in the suit and to
protect the rights of all the parties under the direction of the court.
When receivership may be denied /lifted
a. Appointment sought is without sufficient cause;
b. Adverse party files sufficient bond for damages;
c. Applicant or receivers bond is insufficient.
Bond
Both the applicant for the receivership and the receiver appointed must file
separate bonds.

GENERAL POWERS OF A RECEIVER


Bring and defend, in such capacity, actions in his own name
Receive rents
Do acts respecting the property as court may authorize
Take and keep possession of property in controversy
Collect debts due to himself as receiver or to the fund,
property, estate, person, or corporation of which he is a
receiver
Compound for and compromise the same
Make transfers
Pay outstanding debts
Divide the money and other property that shall remain
among
The persons legally entitled to receive the same
Funds in hands of receiver may be invested only upon order
of the court and written consent of all parties; no action may
be filed by or against receiver without leave of court which
appointed him.
Neglect or Refusal to deliver property
Person who neglects or refuses upon reasonable demand to deliver to
receiver property subject of the receivership may be sanctioned as follows:
May be punished for contempt, and
Shall be liable to the receiver for the money or the value of the
property refused or neglected to be surrendered
With all damages that may be sustained by the parties entitled thereto
as consequence of such neglect or refusal
Termination of Receivership
Termination of receivership may be ordered by court motuproprio or upon
motion of either party after determining, after due notice and hearing, that
necessity for receiver no longer exists.
Claims against bond
In claims against the bond, it shall be filed, ascertained and granted under
the same procedure as Section 20, Rule 57, whether it be damages against
the applicants bond for the unlawful appointment of the receiver or for
enforcing the liability of the sureties of the receivers bond by reason of the
receivers management (in the latter case, no longer need to file a separate
action)
*Descallar v CA 224 SCRA 566
Appointment of a receiver is not proper where the rights of the parties are
still be determined by the trial court. There is no showing that grave or
irremediable damage may result to the applicant unless a receiver is
appointed. The real property in question is real property. Hence, it is neither
perishable nor consumable. Even though it is mortgaged to a third person,
there is no evidence that payment of the mortgaged obligation is being

neglected. In any event, applicants right and interests may be adequately


protected during the pendency of the action by causing his adverse claim to
be annotated on the certificate of title.
*Ylarde Enriquez 78 Phil. 527
An order appointing a receiver is interlocutory. Certiorari not appeal, is the
proper remedy.
*Sanson v Barrios 63 Phil. 198
The appointment of a receiver lies within the sound discretion of the court. It
is not a matter of absolute right even when stipulated for by the parties.
*Dizon v Moir 36 Phil. 759
RTC has jurisdiction to appoint a receiver even after perfection of appeal (see
also Rule 41 Sec 9).

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.

*Machineries Engineering Supply Corp., v CA 96 Phil. 70


Machineries bolted to the ground are real property that may not be subject to
replevin.
*Sebastian v Balino 224 SCRA 256
After property is seized under a writ of replevin, it is not to be delivered
immediately to the plaintiff. The sheriff must retain it in his custody for five
days and shall return it to the defendant if he posts a counterbond.
Immediate turnover to the plaintiff is not justified by an absence to store the
seized property. The remedy is to store it in a bonded warehouse.
*La Tondena v CA 209 SCRA 553
The law does not allow the defendant to object to the insufficiency of the
replevin bond or sureties, and then to post a counterbond. The remedies are
alternative.
*Bachrach Motors v Summers 42 Phil. 3
Where a chattel mortgagor defaults but refuses to give up possession of the
mortgaged property, the mortgages must institute an action for replevin to
repossess the property for the purposes of foreclosure sale.
*BA Finance v CA 258 SCRA 102
Where the mortgage authorizes the mortgagee to take possession of the
property upon default, the mortgagee can maintain replevin to recover
possession of the mortgaged chattels from the mortgagor or from the person
in whose hands he may find them. The fact that the third person is not privy
is inconsequential. However, even if possession if the chattel has been
transferred to the third party, the mortgagor should still be made a party
defendant and summoned in the replevin case to resolve the issue of the fact
of default before such third party may be deprived of possession.
*Servicewide Specialists v CA 251 SCRA 70
What court shall do
a. determine provisionally the pertinent facts, AND
b. Render such orders as justice and equity may require, having due
regard to the probable outcome of the case and such other
circumstances as may aid in the proper resolution of the question
involved.
Effect when application is granted
If application is granted: court shall fix the amount of money to be
provisionally paid or such other forms of support as should be provided. The
court shall take into account:
a. necessities of the applicant
b. resources or means of the adverse party
c. Terms of payment or mode for providing support.

Effect when application is denied


If application is denied: principal case shall be tried and decided as early as
possible.
Enforcement of order
a. If the adverse party fails to comply with an order granting support
pendent lite: order of execution, without prejudice to liability for
contempt
b. If the person ordered to give refuses or fails to do so and a 3 rd party
furnished that support to applicant: 3 rd party may, after due notice and
hearing in the same case, obtain a writ of execution to enforce his right
of reimbursement.
Support in criminal cases
a. When applicable:
i.
in criminal actions where the civil liability includes support for
the offspring as a consequence of the crime AND
ii.
the civil aspect thereof has not been waived, reversed or
instituted prior to its filing
b. Who may file: (in successive order)
i.
offended party
ii.
her parents
iii.
grandparents or guardian
iv.
state
Restitution
a. When applicable: when the judgment or final order of the court finds
that the person who has been providing support pendente lite is not
liable therefor
b. What court may order recipient: return the amounts already paid
What court interest from the dates of actual payment
Without prejudice to the right of the recipient to obtain
reimbursement in a separate action from the person legally
obliged to give support.
If recipient fail to reimburse: person who provided the same may
likewise seek reimbursement thereof in a separate action from
the person legally obliged to give support.
*Torres v Hon.Teodoro Sr. 101 Phil. 422
Where the court ordered support pendent lite to be deposited each month,
failure of the defendant to deposit for one month is a separate and distinct
violation from a failure to deposit for another month. Convictions for indirect
contempt for failure to deposit for separate months do not constitute double
jeopardy.
*Mangoma v Macadaeg 90 Phil. 508
Where the opposite to an application for support pendent lite alleges
sufficient ground to oppose support (eg. Adultery by wife), the oppositor
should be given an opportunity to present evidence in support of his
opposition.

*San Juan v Valenzuela, et. al. Oct. 23, 1982


The trial courts order fixing the amount of support pendent lite is not final in
character because it can be subjected to modification depending on the
changing conditions affecting the liability of the obligor to pay the amount
fixed for support.
NOTE: SUPPORT PENDENTE LITE IS NOT INCLUDED IN THE SYLLABUS FOR
2011 BAR EXAMINATION.

Special Civil Actions


PART III -- SPECIAL CIVIL ACTIONS
RULE 62 71
Nature: The Fact that an action is subject to special rules other than
those applicable to ordinary civil actions is what makes a civil action
special. (Riano, Civ Pro 2009Ed p602)
Ex.
Ord. Civ Action
Cause of action required in all
Venue residence of
parties/location of RP

MTC/RTC actions filed depends on


jurisdictional amount involved.

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

Only 3 SCA under jurisdiction of inferior courts:


- Interpleader, FEUD(ejectment suits) and Contempt.
Under the Rules of Court
SPECIAL CIVIL ACTIONS INITIATED BY
COMPLAINTS(IF FEUD PE)
Interpleader
Foreclosure of Real Estate Mortgage
Forcible
Entry
and
Unlawful
Detainer
Partition
Expropriation

SPECIAL CIVIL ACTIONS INITIATED BY


PETITIONS(DR. COM QC)
Declaratory relief
Review of the Comelec/COA
Certiorari
Prohibition
Mandamus
Quo Warranto
Contempt

Venue (Rule 62 71)


The venue of special civil actions is governed by the general rules on venue,
except when otherwise indicated by a particular rule under the rules on
special civil actions. Special Civil Actions are governed by the rules on
ordinary civil actions, subject to specific rules prescribed for a particular civil
action. (Sec. 3-a, Rule 1).

RULE 62 INTERPLEADER
Nature of Interpleader

-Remedy whereby a person who has property (personal or real) in his


possession, or an obligation to render wholly or partially, without claiming
any right to either, comes to court and asks that the persons who claim the
said property or demand compliance with the obligation, be required to
litigate among themselves in order to determine finally who is entitled to the
same.
Purpose of the Remedy
1) Conflicting claims upon the same subject matter are, or may be made,
against the plaintiff who claims no interest in the subject matter or an
interest (in whole or in part) which is not disputed by the claimants. OR
2) There are two or more claimants to the fund or thing in dispute through
separate and different interests. The claims must be adverse before
relief can be granted and the parties sought to be interpleaded must
be in a position to make effective claims.
3) The subject matter(fund, thing or duty) over which the parties assert
adverse claims must be one and the same and derived from the same
source.
Requisites (NETO)
1. The plaintiff claims NO interest in the subject matter or his claim is not
disputed
2. The parties o be interplead must make EFFECTIVE claims (San Beda, 2009
p107)
3. There must be at least TWO or more conflicting claimants.
4. The subject matter of the adverse claims must be ONE and the same.
When to file an Intepleader
An action in interpleader should be filed within a reasonable time after a
dispute has arisen without waiting to be sued by either if the contending
claimants. Otherwise he may be barred by laches or undue delay.
GROUNDS FOR MOTION TO DISMISS:
1) On the ground of impropriety of the interpleader action; or
2) Other appropriate grounds specified in rule 16. (Rule 62, Sec 4)
Effect when the claimant fails to file w/in the time fixed
The court may, on motion, declare him in default and thereafter render
judgment barring him form any claim in respect to the subject matter. ( Rule
62, Sec 5).
Distinguish between an Interpleader and an Intervention
INTERPLEADER
An original action

INTERVENTION
Ancillary action

Presupposes that plaintiff has no


interest in the subject matter of the
action OR has an interest therein in
whole or in part which is not disputed by
the other parties.

Defendants are
interplead them

sued

precisely

to

Proper in any of the four situations:


person having a) legal interest in the
matter in litigation, or b) success of
either of the parties, or c) an interest
against both; or d) is so situated as to be
adversely affected by a distribution or
other disposition of property in the
custody of the court or of an officer
thereof. (Rule 19 Sec 1)
Defendants are original parties to the
pending suits

RULE 63 DECLATORY RELIEF AND SIMILAR REMEDIES


Purpose of the Declaratory Relief
The purpose is to ask the court to make a proper interpretation of a written
instrument (deed, will, contract, or any other written instrument) or a statute,
executive order, ordinance, or other governmental regulation. It also
adjudicates the legal rights, duties, or status of parties.
Purpose is NOT to ask for injunction, execution or other relief beyond
the adjudication of the legal rights which are the subject of controversy
between the parties. The relief is confined to the actual controversy within
the courts jurisdiction.
A third-party complaint is improper when the main case is a special
civil action for declaratory relief since the court is confined merely to the
interpretation of the terms of the contract.
SIMILAR REMEDIES WHICH MAY BE BROUGHT UNDER RULE 63
1) Action for Reformation of an Instrument. (Arts. 476-481 Civil Code)
2) To quiet title to real or remove clouds therefrom (Arts. 1359-1369 Civil
Code)
3) Consolidate ownership under Article 1607. (Sec 1, 2 nd paragraph, Rule
63)
Distinction between the remedies falling in the 1 st and 2nd paragraph
of Sec.1, Rule 63.
A procedural distinction between the two remedies is that in the actions
falling under the 2nd paragraph, the court is bound to render judgment,
whereas in actions falling under the first paragraph, the court may refuse to
exercise the power to declare rights and construe instruments. (Sec. 5, Rule
63)

Who may file the petition


Any person interested under a deed, will, contract or other written
instrument, or whose rights are affected by a statute, executive order or
regulation, ordinance, or any other governmental regulation.
When to file the petition
Before breach or violation of a right under a deed, will, contract or
other written instruments, or under a statute or ordinance.
The concept of a cause of actions as an act or omission by which a
person violates the right of another under ordinary civil action does not
apply. In declaratory relief, there must be NO breach or violation of the
instrument or statute involved.
REQUISITES OF ACTION FOR DECLARATORY RELIEF (SANDRA)
1) SUBJECT matter of Controversy must be a deed, will contract or
other written instrument, statute, executive order or
regulation or ordinance;
2) There must be an ACTUAL justiciable controversy;
3) NO breach of the document in question;
4) The terms of said document and validity are DOUBTFUL and
require judicial construction;
5) The issue involved must be RIPE for judicial determination.
6) ADEQUATE relief is not available through other means or other
forms of action or proceeding.
PARTIES all persons who have a claim or interest which would be affected
by the declaration.
A declaration shall not, except as otherwise provided in the rules, prejudice
the rights of persons not parties to the action. (Sec. 2, Rule 63)
- Non-joinder of interested persons is not a jurisdictional defect; but persons
not joined shall not be prejudiced in their interests unless otherwise provided
by the Rules (R63.2; Baguio Citizens Action vs. CityCouncil ofBaguio, 1983)
- Third-party complaint not available in a declaratory relief (Commission of
Customs vs. Cloribel, 1977); but a compulsory counterclaim may be set up
(Visayan Packing vs. Reparations Commission, 1987)
WHEN COURT MAY REFUSE TO GRANT DECLARATORY RELIEF:
a. The decision will not terminate the controversy or uncertainty giving
rise to the action; or
b. The declaration is not necessary and proper under the circumstances.
PRINCIPAL FUNCTIONS OF REMEDY OF DECLARATORY RELIEF
1) Substitution of a less technical, speedier, cheaper and more civilized
joinder of issue in type of cases heretofore associated with hostile
combat, technicalities of special writs and broken economic relations.
2) Declaratory actions have enabled courts to pass new types of cases
which heretofore predicted adjudication on prior violence or
destruction of status quo.

3) The procedure has enabled ka party who is challenged, threatened or


endangered in the enjoyment of what he claims to be his rights, to
initiate proceedings against his tormentor and remove the plaintiffs
legal right, privilege and immunity from the defendants absence of
right, and disability.
When conversion to ordinary appeal is proper.
If after filing of petition for declaratory relief but before the rendition of
judgment, a breach or violation of the instrument or statute occurs, then the
same may be converted into an action.(Sec. 6, Rule 63)
Distinguish between
Declaratory Relief

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

RULE 64 REVIEW OF JUDGMENTS AND FINAL ORDERS OR


RESOLUTIONS OF THE COMELEC AND THE COA
Subject Matter
Judgments and final orders or resolutions of the COMELEC and the
COA.
Mode of Review (Application of Rule 65 under Rule 64)
The Petition may be brought by the aggrieved party to the Supreme
Court on certiorari under Rule 65, except otherwise provided.
The order to comment under Sec. 6, Rule 64 in case the Supreme Court
finds the petition sufficient in form and substance, is equivalent to summons
in ordinary civil action.
Time of Filing Petitions
Thirty (30) days from notice of judgment or final order or resolution sought to
be reviewed. Filing of motion for new trial or reconsideration shall interrupt
the period. If the motion is denied, petition must be filed within the remaining
period but not less than 5 days in any event reckoned from notice of denial.
Exceptions :
1.
To prevent a miscarriage of justice;

2.

When issue involves the principle of social justice or the


protection of labor;
3.
The decision or resolution is a nullity;
4.
Need for relief is extremely urgent and certiorari is the only
adequate remedy (ABS-CBN vs. COMELEC, GR 133486, January 28,
2000) (San Beda 2009)
Form and Content of Petition (Similar to Sec. 3., Rule 46)
a) Petition shall be verified and filed in 18 legible copies;
b) Petition shall name the aggrieved party as petitioner and join as
respondents the Commission concerned and the person(s) interested in
sustaining the judgment, final order, or resolution a quo.
c) Petition shall state the facts with certainty, present the issues involved
clearly, set forth the grounds and brief arguments relied upon, and
pray for judgment annulling or modifying the question judgment, order
or resolution.
d) Petition shall be accompanied by clearly legible duplicate original or
certified true copy of the questioned judgment, order or resolution,
together with certified true copies of material portions of the record as
are referred to therein, and other relevant and pertinent documents.
e) Petition shall state the specific material dates showing that it was filed
within the period fixed.
f) Petition shall contain a sworn certification of non-forum shopping
g) Petition shall be accompanied by proof of service of a copy thereon on
the Commission concerned and on the adverse party, and of the timely
payment of docket and other lawful fees.
Failure of petitioner to comply with any of the above shall be sufficient
ground for dismissal of the petition.
Effect of Filing
Filing a petition for certiorari shall not stay the execution of judgment,
final order or resolution sought to be reviewed, unless the Supreme Court
shall direct otherwise upon such terms as it may deem just.
Under this rule, petitioner may apply for a restraining order and
preliminary injunction from the
Supreme Court to stay the execution of
judgment or final order or resolution sought to be reviewed.
R64 does not apply to the Civil Service Comission, what applies is by appeal
(R43) Riano, 2009.
RULE 65. CERTIORARI, PROHIBITION, AND MANDAMUS
(AS AMENDED ON DEC. 27, 2007)
CERTIORARI a writ issued by a superior court to an inferior court, board or officer
exercising judicial or quasi-judicial functions whereby the record of a particular case
is ordered to be elevated for review and correction in matters of law.

Certiorari is a Prerogative Writ


Never demandable as a matter or right, never issued except in the
exercise of judicial discretion.
Certiorari distinguished from Appeal by Certiorari
CERTIORARI UNDER
RULE 65
Only question is whether or not
respondent has acted without or in
excess of jurisdiction or with grave
abuse of discretion
Parties: Petitioner is the aggrieved
party; Respondent is the tribunal or
officer exercising judicial function
Writ of certiorari issues for correction of
errors of jurisdiction only or grave abuse
of discretion amounting to lack or
excess of jurisdiction

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.

REQUISITES FOR ISSUANCE OF WRIT OF CERTIORARI


1. Tribunal, board, or officer exercises judicial or quasi-judicial functions;
2. Tribunal, board or officer has acted without or in excess of jurisdiction or with
grave abuse of discretion; and
3. There is no appeal, or any plain, speedy, and adequate remedy in the
ordinary course of law.
GRAVE ABUSE OF DISCRETION When an act of a court or tribunal was
performed in a capricious or whimsical exercise of judgment which is equivalent to
lack of jurisdiction.
The abuse of discretion must be so patent and gross as to amount to an evasion of
positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all
in contemplation of law, as where the power is exercised in an arbitrary and
despotic manner by reason of passion or personal hostility.
WHEN CERTIORARI MAY BE INVOKED:
1. An appeal does not lie;
2. The right to appeal having been lost with or without the appellants
negligence, the court has no jurisdiction to issue the order or the
decision which is the subject matter of the remedy.
PROHIBITION legal remedy available to prevent inferior courts, or other tribunals,

corporations, boards, officers, or persons from usurping or exercising a jurisdiction with


which they have not been vested by law, to prevent the unlawful and oppressive
exercise of legal authority and to provide for a fair and orderly administration of justice.
Prohibition distinguished from Injunction
INJUNCTION
Directed only to the party litigants,
without any manner interfering with the
court

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.

MANDAMUS Command issuing from a court of law of competent jurisdiction, in the


name of the state or sovereign, directed to some inferior court, tribunal, or board, or to
some corporation or person, requiring the performance of a particular duty therein
specified, which duty results from the official station of the party to whom the writ is
directed, or from operation of law.
Purpose of mandamus
Mandamus is employed to compel the performance, when refused, of a
ministerial duty, and NOT a discretionary duty. It is available to compel
action, when refused, in matters involving judgment and discretion, but NOT
to direction action in one way or another. It does not lie to require anyone to
fulfill a contractual obligation or to compel a course of conduct, nor to control
or review the exercise of discretion.
REQUISITES OF MANDAMUS:
1) There must be clear legal right or duty
2) Act to be performed must be within the powers of the respondent to perform
such that id the writ of mandamus was issued, he can comply with it, or else
the essence will be defeated.
3) Respondent must be exercising a ministerial duty a duty which is absolute
and imperative, and involves merely its execution.
4) Duty or act to be performed must be existing a correlative right will be
denied if not performed by the respondents
5) No appeal or other plain, speedy and adequate remedy in the ordinary course
of law.

DISCRETION With regards to judicial function, it is that part which decides


questions arising in the trial of a cause, according to the particular
circumstances of each case, and as to which the judgment of the court is
uncontrolled by fixed rules of law.
When applied to public functionaries, it is defined as the power or right
conferred upon them by law acting officially under certain circumstances,
according to the dictates if their own judgment or conscience and not
controlled by the judgment or conscience of others.
MINISTERIAL DUTY One which an officer or tribunal performs in a given
state of facts, in a prescribed manner, in obedience to the mandate of legal
authority, without regard to or the exercise of his own judgment upon the
propriety or impropriety of the act done. Nothing is left to the discretion of
the person who must perform.
GROUNDS FOR MANDAMUS
1) When may tribunal, corporation, board, officer or person unlawfully
neglects the performance of an act which the law specifically enjoins
as a duty resulting from office, trust, or station.
2) When any tribunal, corporation, board, officer, or person unlawfully
excludes another form the use and enjoyment of a right or office to
which the other is entitled.
MANDAMUS WILL NOT ISSUE WHEN ADMINISTRATIVE REMEDIES ARE
STILL AVAILABLE; EXCEPTIONS:
1) If party is in estoppels If he led the other party to believe that
immediate judicial recourse is available and acceptable.
2) Where pure questions of law are raised.
Mandamus under Second Ground Distinguished from Quo Warranto.
MANDAMUS
When the respondent unlawfully
excludes the petitioner from an
office to which the latter is entitled
without usurping, intruding into, or
unlawfully holding the office.

QUO WARRANTO
When respondent claims any
right to the office and usurps,
intrudes into, or unlawfully holds
it against the petitioner.

Both remedies may be combined with one another.


FOR CERTIORARI, PROHIBITION, AND MANDAMUS
1. When petition filed: Not later than sixty (60) days from notice of
judgment, order, or resolution. In case a motion for reconsideration or new
trial is timely filed, whether such motion is required or not, the petition

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

to proceed with the principal case may be a ground for an administrative


charge. (Sec. 7, Amended on Dec. 27, 2007)
2) does not affect the running of the reglementary periods involved in the
proceedings
3) does not stay the execution of judgment, unless a temporary restraining
order or writ of preliminary injunction has been issued.
Amendment to Sec. 8 (Dec. 27, 2007)
Proceedings after comment is filed. After the comment or other pleadings
required by the court are filed, or the time for the filing thereof has expired,
the court may hear the case or require the parties to submit memoranda. If,
after such hearing or filing of memoranda or upon the expiration of the period
for filing, the court finds that the allegations of the petition are true, it shall
render judgment for such relief to which the petitioner is entitled.
However, the court may dismiss the petition if it finds the same patently
without merit or prosecuted manifestly for delay, or if the questions raised
therein are too unsubstantial to require consideration. In such event, the
court may award in favor of the respondent treble costs solidarily against the
petitioner and counsel, in addition to subjecting counsel to administrative
sanctions under Rules 139 and 139-B of the Rules of Court.
The Court may impose motu proprio, based on res ipsa loquitur, other
disciplinary sanctions or measures on erring lawyers for patently dilatory and
unmeritorious petitions for certiorari.

JURISDICTIONAL QUESTIONS questions having to do with an indifferent


disregard of law, arbitrariness, and caprice or omission to weight pertinent
consideration, a decision arrived at without rational deliberation, as
distinguished from questions that require digging into the merits and
unearthing errors of judgment which is the office on the hand of review under
Rule 45 of the Rules.
MOTION
FOR
RECONSIDERATION
IN
COURT
PROCEEDING
NECESSARY
BEFORE
INVOKING
CERTIORARI; EXCEPTIONS
1.
2.
3.
4.
5.
6.

OF
ORIGINAL
PETITION
FOR

Where the order is a patent nullity;


The same issued raised and passed in the lower court;
Urgent necessity for resolution of the question;
When MFR would be useless;
Deprived of due process;
In criminal case, relief from order of arrest is urgent and relief in
trial court is improbable;
7.
Purely questions of law or where public interest is involved;

8.

When proceeding was Ex parte or where there was no


opportunity to be heard;
9.
Where the subject matter of the action is perishable.
CERTIORARI, PROHIBITON, AND MANDAMUS DISTINGUISHED:
CERTIORARI
Directed against an entity
or
person
exercising
judicial or quasi-judicial
functions.
Entity or person is alleged
to have acted:
1. Without jurisdiction;
2. In
excess
of
jurisdiction; or
3. With grave abuse of
discretion
amounting to lack or
excess of jurisdiction
Purpose is to annul
nullity a proceeding

or

This remedy is corrective


to correct usurpation of
jurisdiction

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.

Purpose is for respondent to


1. Do the act required
and
2. To pay damages.
This remedy is affirmative or
positive (if the performance
of a duty is ordered) or it is
negative (if a person is
ordered to desist from
excluding another from a
right or office.

- Questions of fact cannot be raised in an original action for certiorari. Only


established or admitted facts may be considered. [Suarez v.NLRC, 1998]
Findings of fact of CA are not binding upon SC in an original action for
certiorari (Medran vs.
CA, 1949)
Prohibition is a preventive remedy. However, to prevent the respondent
from performing the
act sought to be prevented during the pendency of the proceedings for the
writ, the petitioner should obtain a restraining order and/or writ of preliminary
injuction. [Regalado]
Prohibition is the remedy where a motion to dismiss is improperly denied.
[Enriquez v. Macadaeg, 84 Phil 674]
A writ of mandamus will not issue to control the exercise of official
discretion or judgment, or to alter or review the action taken in the proper
exercise of the discretion of judgment, for the writ cannot be used as a writ of

error or other mode of direct review. However, in extreme situations generally


in criminal cases, mandamus lies to compel the performance of the fiscal of
discretionary functions where his actuations are tantamount to a wilful refusal
to perform a required duty. [Regalado]
General Rule: In the performance of an official duty or act involving
discretion, such official can only be directed by mandamus to act but not to
act in one way or the other. EXCEPTION: gross abuse of discretion, manifest
injustice, palpable excess of authority [Kant Wong v. PCGG, 1987]
Mandamus can be availed of only by the party who has direct legal
interest in the right sought to be enforced. HOWEVER, if the question is one
of public right, it is sufficient to show that the petitioner is a citizen. [Tanada
v. Tuvera, 1985]
RULE 66 QUO WARRANTO
QUO WARRANTO Latin phrase meaning by what authority. It is the remedy or
proceeding by which the sovereign or state determines the legally of a claim which a
party asserts to the use or exercise of an office or franchise and ousts the holder
from its enjoyment, if the claim is not well founded, or if the right to enjoy the
privilege has been forfeited or lost.
Action of Quo Warranto lies against:
a) A person who usurps, intrudes or unlawfully holds or exercises a public
office, position, or franchise.
b) A public officer who does or suffers an act which, by the provision of
law, constitutes a ground for the forfeiture of his office; or
c) An association which act as a corporation within the Philippines without
being legally incorporated or without lawful authority so to act.
Quo Warranto under Rule 66 Distinguished from Quo Warranto under
Omnibus Election Code
RULE 66
Basis is that occupant is disqualified from
holding officer by reason of ineligibility or
disloyalty
If successful, respondent is ousted but
petitioner shall not automatically assume
the office vacated

OMNIBUS ELECTION CODE


Challenge rights of a person to hold office
on the ground of irregularities in the
conduct of the election
Successful protestant will assume office if
he had obtained plurality of valid votes

When government commence an action against individuals


The Solicitor General or a public prosecutor, when directed by the President
of the Philippines, or when upon complaint or otherwise he has good reason
to believe that any case specified in the preceding action can be established
by proof.

The Solicitor General or a public prosecutor may, with the permission of


court, bring an action at the request and upon the relation of another person.
When individual may commence an action
A person claiming to be entitled to a public officer or position usurped or
unlawfully held exercised by another may also bring an action, in his own
name.
Parties and Contents of Petition
PETITIONER Name of the person who claims to be entitled thereto,
with an averment of his right to the same and that the respondent is
unlawfully in possession thereof.
Petitioner must show that he is entitled to office held by the
respondent, not merely that he has a preferential right to be appointed.
Venue:
Supreme Court;
Court of Appeals;
Regional Trial Court exercising jurisdiction over the territorial are where the
respondent or any of the respondents resides
Regional Trial Court in the City of Manila, CA, or SC When Solgen
commences the action
-

Judgment Where Usurpation Found:


That Respondent be ousted and altogether excluded therefrom, and that the
petitioner or relator, as the case may, recover his costs.
Such further judgment may be rendered determining the respective
rights in the public office, position or franchise of all the parties to the action,
as justice requires.
Rights of Persons Adjudged Entitled to Office:
If judgment be rendered in favor of the person averred in the complaint
to be entitled to the public office, he may, after taking the oath of office and
executing any official bond required by law:
1) Take upon himself the execution of the office;
2) May immediately thereafter demand all the books and papers in the
respondents custody or control appertaining to the office o which the
judgment relates; and
3) May bring an action against the respondent to recover damages
sustained by such persons of usurpation.
Limitations:
Actions must be commenced within 1 year after the cause of such ouster, or
the right of the petitioner to hold such office or position, arose.
An action for damages in accordance with Sec. 10 should be commenced
within 1 year after the entry of the judgment establishing petitioners right to
the office in question.

The one-year period is not interrupted by the prosecution of any


administrative remedy as, in quo warranto proceedings, no one is compelled
to resort to administrative remedies since public interest requires that the
right to public office should be determined as speedily as possible.
[Fernandez v. Dela Paz, 1988]
RULE 67 EXPROPRIATION
Right of eminent domain is exercised by
a) Filing of VERIFIED complaint
b) Which shall state with certainty the RIGHT and PURPOSE of
expropriation
c) DESCRIBE the real or personal property sought to be expropriated
d) And join as defendants all persons OWNING or CLAIMING TO OWN, or
OCCUPYING, any part thereof or interest therein
Two Stages of Expropriation:
a) Determination of plaintiffs authority to exercise the power of eminent
domain and the propriety of its exercise
A final order sustaining the right to expropriate is appealable, but the
appeal does not prevent the court from determining the just
compensation to be paid
b) Determination of the just compensation for the property sought to be
taken
When can plaintiff take possession of the real property pending
litigation:
Plaintiff can enter or take possession of the real property upon
DEPOSIT with the authorized government depositary an amount equal to
ASSESSED VALUE of property. If personal property, its value will be
PROVISIONALLY ASCERTAINED and amount to be deposited fixed by the court.
Defendant, if he objects, must file his ANSWER within time stated in the
summons. No counterclaim, cross-claim or third party complaint is allowed.
- There is taking when the owner is actually deprived or dispossessed of his
property; when there is a practical destruction or a material impairment of
the value of his property or when he is deprived of the ordinary use thereof.
(Ansaldo v. Tantuico, 1990)
- An expropriation suit is incapable of pecuniary estimation. Accordingly, it
falls within the jurisdiction of RTCs, regardless of the value of the subject
property. (Bardillon v. Bgy. Masili, 2003)
Defenses and objections
GENERAL RULE: All defenses or objections not alleged in the answer are
deemed waived.
o EXCEPTION: The court, in the interest of justice, may allow the answer to be
amended not later than 10 days from filing.

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.

Rights of plaintiff upon judgment and payment (Effect of recording of


judgment)
Title of property in Expropriation is vested :
1.
If personal property, upon payment of just compensation
(S10)
2.
If real property, upon payment of just compensation and
registration. (S13)
RULE 68 FORECLOSURE OF REAL ESTATE MORTGAGE
Foreclosure is initiated by a COMPLAINT.
CONTENTS OF THE COMPLAINT
a) The date and due execution of the mortgage
b) Its assignments, if any
c) Names and residences of the mortgagor and the mortgagee
d) Description of the mortgage property
e) Statement of the date of the note or other documentary evidence of
the obligation secured by the mortgage
f) Amount claimed to be unpaid thereon
g) Names and residences of all persons having or claiming interest in the
property subordinate to the holder of the mortgage all of whom shall
be made defendants in the action
Judgment on foreclosure for payment or sale
If upon trial, the court finds the facts set forth in the complaint to be
true, it shall:
a) Ascertain the amount due to the plaintiff upon the mortgage debt or
obligation, including interest and other charges as approved by the
court, and costs AND
b) Render judgment for the sum so found due and order that the same be
paid to the court or to judgment obligee
i. within a period of not less than 90 days nor more than 120 days from
entry of judgment
ii. in default of such payment: such property shall be sold at public
auction to satisfy the judgment
Sale of mortgaged property; effect
If defendant fails to pay the amount of the judgment within the
period specified
a. Court, upon motion, shall order the property to be sold in the manner
and under the provisions of Rule 39 and other regulations governing
sales of real estate under execution.
b. Sale shall not affect the rights of persons holding prior encumbrances
upon the property or a part there

c. When confirmed by an order of the court, upon motion, sale shall


operate to:
i. divest the rights in the property of all the parties to the action and to
ii. vest their rights in the purchaser, subject to such rights of
redemption as may be allowed by law.
Disposition of proceeds of sale
a) Amount realized from foreclosure sale less the costs of sale is paid to
the person foreclosing
b) When there is balance or residue, after paying the mortgage debt, the
same shall be paid to junior encumbrancers in the order of priority as
ascertained by the court
c) If no junior encumbrancers, the residue goes to mortgagor/duly
authorized agent or person entitled to it
If debt not all due, as soon as sufficient portion of property has been
sold to pay amount due and costs, the sale shall terminate.
Otherwise, court may, on motion, order more to be sold as often as
more becomes due.
BUT if property cannot be sold in portions, one single sale and the
entire debt and costs shall be paid, and where rebate is proper, rebate
must be made.
Deficiency judgment
Court, upon motion, shall render judgment against the defendant for any
balance for which, by the record of the case, he may be personally liable to
the plaintiff
if balance is all due at the time of the rendition of the judgment: execution
may issue immediately
otherwise: plaintiff shall be entitled to execution at such time as the
balance remaining becomes due under the terms of the original contract,
which time shall be stated in the judgment.
Instances where the court cannot render deficiency judgment :
1.
2.
3.

Recto Law (par 3, Art. 1484 of the NCC) ;


When Mortgagor is a non-resident and is not found in the Philippines ;
When the Mortgagor dies, the mortgagee may file his claim with the
probate court (Rule 86, Sec. 7);
4.
If mortgagor is a third person but not solidarily liable with the debtor.
Right of Redemption
General Rule: In judicial foreclosure, there is NO RIGHT OF REDEMPTION.
EXCEPTION: In case of judicial (as well as extrajudicial) foreclosure of any
mortgage on real estate in favor of a BANK, QUASI BANK or TRUST ENTITY,
mortgagor is granted right of redemption to be exercised WITHIN ONE YEAR
after the sale of real estate.
Equity of Redemption is the right of the defendant mortgagor to extinguish
the mortgage and retain ownership of the property by paying the amount

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

Two stages of partition


a) Determination of whether or not a CO-OWNERSHIP EXISTS and partition is
proper
Ends in either
a) declaration that plaintiff is not entitled to partition is legally prohibited; or
b) a judgment that co-ownership exists and partition is proper

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

their proceedings as to the partition, or the assignment of real estate to one


of the parties, or the sale of the same. Upon the filing of such report, the
clerk of court shall serve copies thereof on all the interested parties with
notice that they are allowed ten (10) days within which to file objections to
the findings of the report, if they so desire. No proceeding had before or
conducted by the commissioners shall pass the title to the property or bind
the parties until the court shall have accepted the report of the
commissioners and rendered judgment thereon. (6a)
Sec. 7. Action of the court upon commissioners report. Upon the
expiration of the period of ten (10) days referred to in the preceding section,
or even before the expiration of such period but after the interested parties
have filed their objections to the report or their statement of agreement
therewith, the court may, upon hearing, accept the report and render
judgment in accordance therewith; or, for cause shown, recommit the same
to the commissioners for further report of facts; or set aside the report and
appoint new commissioners; or accept the report in part and reject it in part;
and may make such order and render such judgment as shall effectuate a fair
and just partition of the real estate, or of its value, if assigned or sold as
above provided, between the several owners thereof. (7)
Judgment and its effects
If actual partition of property is made
1. the judgment shall state definitely, by metes and bounds and adequate
description, the particular portion of the real estate assigned to each
party, the effect of the judgment shall be to vest in each party to the
action in severalty the portion of the real estate assigned to him.
2. If the whole property is assigned to one of the parties upon his paying to
the others the sum or sums ordered by the court, the judgment shall state
the fact of such payment and of the assignment of the real estate to the
party making the payment, and the effect of the judgment shall be to vest
in the party making the payment the whole of the real estate free from
any interest on the part of the other parties to the action.
3. If the property is sold and the sale confirmed by the court, the judgment
shall state the name of the purchaser or purchasers and a definite
description of the parcels of real estate sold to each purchaser, and the
effect of the judgment shall be to vest the real estate in the purchaser or
purchasers making the payment or payments, free from the claims of any
of the parties to the action.
4. A certified copy of the judgment shall in either case be recorded in the
registry of deeds of the place in which the real estate is situated, and the
expenses of such recording shall be taxed as part of the costs of the
action.
Prescription of action

Furthermore, no matter how long the co-ownership has lasted, a co-owner


can always opt out of the co-ownership, and provided the defendant coowners or co-heirs have theretofore expressly or impliedly recognized the coownership, they cannot set up as a defense the prescription of the action for
partition. But if the defendants show that they had previously asserted title in
themselves adversely to the plaintiff and for the requisite period of time, the
plaintiffs right to require recognition of his status as a co-owner will have
been lost by prescription and the court cannot issue an order requiring
partition. - Roque v. IAC, 165 SCRA 118 (1988
Assignment or sale
If real estate cannot be divided without prejudice to parties interest, court
may
a) ASSIGN it on ONE of the parties PROVIDED he pays to the other parties an
amount deemed equitable by the commissioners
b) SELL it if ONE of the parties asks that the property be sold instead of being so
assigned

RULE 70 FORCIBLE ENTRY AND UNLAWFUL DETAINER


FORCIBLE ENTRY
Possession of land is unlawful from the
beginning due to force, intimidation,
threat, strategy or stealth
No requirement of previous demand for
defendant to vacate premises
Plaintiff must prove that he was in prior
physical possession until he was
deprived thereof by defendant
1-year period counted from date of
actual entry or when plaintiff learned
thereof

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

General procedure in ejectment cases :


1. Verified complaint filed with the MTC within 1 year from unlawful
deprivation or withholding of possession
2. Answer within 10 days from receipt of summons
3. Preliminary conference within 30 days from answer
4. Court issues preliminary conference order with 5 days.
5. Parties submit affidavits of witnesses, other evidences and position papers
within 10 days from receipt of preliminary conference order
6. Court renders judgment within 30 days from receipt of affidavits and
position papers.
Who may institute proceedings :
Forcible Entry :

1. a person deprived of the possession of any land or building by force,


intimidation, threat, strategy, or stealth, or
Unlawful Detainer :
2. a lessor, vendor, vendee, or other person against whom the possession of
any land or building is unlawfully withheld after the expiration or termination
of the right to hold possession, by virtue of any contract, or
3. the legal representatives or assigns of any such lessor, vendor, vendee, or
other person
When at any time within 1 year after such unlawful deprivation or
withholding of possession
Where before the MTC
Definitions
ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY
1. Accion Interdictal the summary action for forcible entry (detentacion)
where the defendants possession of property is illegal ab initio, or the
summary action for unlawful detainer (desahucio) where the defendants
possession was originally lawful but ceased to be so by the expiration of his
right to possess, both of which must be brought within one year from the
date of actual entry to the land, in case of forcible entry, and from the date of
last demand, in case of unlawful detainer, in the proper municipal trial court
or metropolitan trial court.
- Nature:
a. special civil action involving realty;
b. subject to the Rules on Summary Procedure; [Rule 70.3]
c. under the original exclusive jurisdiction of first level courts;
d. nature of the action is determined by the allegation of the complaint and
the character of the relief sought; (Abrin v. Campos, 1991)
e. one co-owner may institute the action.
2. Accion Publiciana - is a plenary action for recovery of the right to possess
and which should be brought in the proper regional trial court when the
dispossession has lasted for more than one year.
3. Accion Reivindicatoria - or accion de reivindicacion, seeks the recovery of
ownership and includes the jus utendi and the jus fruendi, which must be
brought in the proper regional trial court. It is thus an action whereby plaintiff
alleges ownership over a parcel of land and seeks recovery of its full
possession. [Javier v. Veridiano, 1994]
Pleadings allowed to be filed
1. complaint
2. compulsory counterclaim
3. answers
4. cross-claim pleaded in the answer
All pleadings shall be verified

Action on the complaint


The court may, from an examination of the allegations in the complaint and
such evidence as may be attached thereto
1. dismiss the case outright on any of the grounds for the dismissal of a civil
action which are apparent therein, or
2. if no ground for dismissal is found, issue summons
When demand is necessary
- If ground is non-payment of rentals or failure to comply with lease contract
WHEN PRIOR
REQUIRED

DEMAND

IN UNLAWFUL

DETAINER

ACTIONS NOT

a. When purpose of action is to terminate lease because of expiry of term


and not because of failure to pay rental or to comply with terms of
lease contract;
b. Purpose of suit is not for ejectment but for enforcement of terms of
contract;
c. When defendant is not a tenant but a pure intruder
In all other cases, there must be a demand:
i. To pay or to comply with the conditions of the lease; and
ii. to vacate by written notice on the person in the premises or by
posting such notice on the premises if no person is found thereon and
this is a condition precedent to the filing of the case; ORAL demand is
not permitted.
iii. If demand is in the alternative (pay or vacate), this is NOT the
demand contemplated by the Rules.
Preliminary injunction and preliminary mandatory injunction
A possessor deprived of his possession through forcible entry or unlawful
detainer may, within 5 days from the filing of the complaint, ask for
preliminary mandatory injunction in the ejectment action to restore him in his
possession. The court shall decide the motion within 30 days from the filing
thereof
Resolving defense of ownership
The MTC can determine ownership only provisionally.
How to stay the immediate execution of judgment
Requisites for stay execution (against defendant) pending appeal
1. perfection of appeal
2. filing a supersedeas bond for payments of accrued rents, damages and
costs
3. deposit of accruing rent from time to time

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

* Consists in failing to do something ordered to be done by a court


* Offense against the party in whose behalf the order in made
* Defendants intent immaterial
b) Criminal Contempt
* Directed against the authority and dignity of a court
* Offense against public justice
* Intent is essential, good faith is a defense
PD 1826 (Obstruction of justice) only applies in criminal cases
- The violation of a TRO issued by the SEC or any quasi-judicial tribunal is
criminal contempt so that acquittal of the respondents is unappealable. [SEC
v. Recto, 1999]
A writ of execution issued by a court after 5 years from entry of final
judgment is void, and disobedience thereto does not constitute indirect
contempt. [Crucillo v. IAC, 1999]
The power to declare a person in contempt of court serves to protect and
preserve the dignity of the court, the solemnity of the proceedings therein
and the administration of justice. But this must be wielded sparingly. For this
power should be exercised on the preservative and not on the vindictive
principle. Only occasionally should the court invoke its inherent power in
order to retain that respect without which the administration of justice must
falter or fail. [Panado v. CA, 1998]
Only the court which rendered the order commanding the doing of a
certain act is vested with the right to determine whether or not the order has
been complied with, or whether a sufficient reason has been given for noncompliance, and, therefore, whether a contempt has been committed. The
power to determine the existence of contempt of court rests exclusively with
the court contemned. No court is authorized to punish a contempt against
another. [Igot v. Meralco, 200)]
Quasi-judicial agencies that have the power to cite persons for indirect
contempt pursuant to
Rule 71 can only do so by initiating them in the proper RTC. It is not within
their jurisdiction
and competence to decide the indirect contempt cases. These matters are
still within the province of the RTCs. [LandBank v. Listana, 2003]

Special Proceedings
PART IV -

SPECIAL PROCEEDINGS
Rules 72-109

RULE 72 SUBJECT MATTER AND APPLICABILITY


OF GENERAL RULES
SPECIAL PROCEEDING is a remedy by which a party seeks
to establish a status, a right, or a particular fact.
Subject Matter of Special Proceedings:
a. Settlement of estate of deceased persons
b. Escheat
c. Guardianship and custody of children
d. Trustees
e. Adoption
f. Rescission and revocation of adoption
g. Hospitalization of insane patient
h. Habeas corpus
i. Change of name
j. Voluntary dissolution of corporations
k. Judicial approval of voluntary recognition of minor natural children;
l. Constitution of family home
m. Declaration of absence and death
n. Cancellation of correction of entries in civil registry
Action
To protect or enforce a right, or to
prevent or redress a wrong
Initiated by Complaint
Definite Parties
Answer is filed
Handled by court of general jurisdiction
Adversarial
Statute of Limitations applies
15-day appeal period

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

Jurisdiction and Venue


a. Settlement of estate of deceased persons
i. RTC gross value of the estate exceeds P300,000/P400,000
ii. MTC gross value of the estate does not exceed P300,000/P400,000
If resident place where deceased resided at time of death

If non-resident place where deceased had estate


*Heirs of Sandejas v. Lina February 5, 2001
Probate jurisdiction extends to matters incidental and collateral to the
exercise of a probate courts recognized powers such as selling, mortgaging
or otherwise encumbering realty belonging to the estate.
b.
i.

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.

Declaration of absence and death: RTC in place where absentee


resided before his disappearance
m. Cancellation of correction of entries in civil registry
i.
Judicial (Rules of Court): RTC in place where the civil registry is
located
ii.
Administrative (RA 1948):
Civil registrar when entry is located or if applicant migrated: civil
register in place where he resides
Consul General: if applicant resides abroad.

SETTLEMENT OF ESTATE OF DECEASED PERSONS


RULE 73 VENUE AND PROCESS
According to Circular No. 21-99 (15 April 1999), the new jurisdictional
amounts as adjudged under RA 7691 will be as follows:
File in the RTC:
Before 14
April 1999
IN M. MANILA
OUTSIDE
MANILA

> 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

File in the MTC:


BEFORE 14
APRIL 1999
IN M. MANILA
OUTSIDE
MANILA

P200,000
P100,000

P400,000
P300,000

When probate upon question of title to property:


a. Interested parties who are all heirs consents and 3 rd parties not
prejudiced;
b. Otherwise, only in a provisional manner, to determine whether
property should be included in the inventory, without prejudice to the
final determination of title in a separate action.
General Rule
Probate cannot issue writs of execution
Exception; When probate courts can issues writs of execution;

a. To satisfy distributive shares of the devisees, legatees, and heirs in


possession of decedents assets;
b. To enforce payment of expenses in partition;
c. To satisfy costs when a person is cited for examination in probate
proceedings.
d. To satisfy the claim in summary settlement proceedings of creditors or
heirs who appear within 2 years from the distribution
PRINCIPLE OF EXCLUSIONARY RULE the court first taking cognizance of the
settlement of the estate of the decedent shall exercise jurisdiction to the
exclusion of all other courts.
*Vda. De Manalo v. CA 349 SRCA 135 (Jan. 2001)
In the determination of the nature of an action or proceeding, the averments
and the character of the relief sought in the complaint/petition shall be
controlling. In this case, the petition contains sufficient jurisdictional facts
required in a petition for settlement of estate. Indeed, the petition contained
certain averments that may be typical of an ordinary civil action and the
oppositors may not be allowed to defeat the purpose of an essentially valid
petition by raising matters that are irrelevant and immaterial to said petition.
The jurisdiction of a court as well as the concomitant nature of the action is
determined by the averments in the complaint and not by the defenses
contained in the answer.

RULE 74 SUMMARY SETTLEMENT OF ESTATES


General Rule
When a person dies, his estate is submitted to a judicial settlement
proceeding.
Exception;
1. Extrajudicial settlement by agreement between heirs, when allowed
Requisites of a valid extrajudicial settlement:
a. Decedent dies intestate;
b. No outstanding debts of the estate at the time of the settlement;
c. Heirs are all of age or the mirrors are represented by their judicial
guardians or legal representatives;
d. Settlement is made in a public instrument duly filed with the register of
deeds;
e. Fact of settlement must be published in a newspaper of general
circulation once a week for 3 consecutive weeks.
2. Summary settlement of estates of small value. [Rule 74, Sec. 2]
Requisites
1) Gross value of the estate must not exceed P10K.

2) Application must contain allegation of gross value of estate.


3) Date of hearing:
a) Shall be set by court not less than 1 month nor more than 3 months
from date of last
publication of notice.
b) Order of hearing published once a week for 3 consecutive weeks in a
newspaper of
general circulation.
4) Notice shall be served upon such interested persons as the court may
direct.
A summary settlement is not binding upon heirs/creditors who were not
parties therein or had no knowledge thereof. [Sampilo v.CA]
5) Bond in an amount fixed by the court (not value of personal property)
conditioned upon payment of just claims under Rule 74, Sec. 4.
-Allowed in both testate and intestate estates;
-Available even if there are debts as the court will make provisions for the
payment thereof
Two-year prescriptive period
*Philippines Economic Zone Authority v. Fernandez et al. (June 6,
2001)
Persons unduly deprived of their lawful participation in a settlement may
assert their claim only within the 2-year period after the settlement and
distribution of the estate. This prescription periods does not apply, however,
top those who has no part in or had no notice of the settlement. 4, Rule 74,
is not meant to be a statute of limitations. An extrajudicial partition, being
merely an ex parte proceeding, would not affect third persons who had no
knowledge thereof. By its registration in the manner provided by law, a
transaction may be known actually or constructively.

RULE 75 PRODUCTION AND ALLOWANCE OF WILL


PROBATE OF WILL juridical act whereby an instrument is adjudged valid and is
ordered to be recorded. No will shall pass property unless probated.
CUSTODIAN is a person chosen in advance and entrusted with the custody of
the will. It does not refer to a mere possessor of the will.
*US v. Gumco
The act penalized in 4 (where the custodian and executor are subjected to
a fine for neglect) is a special statutory offense and is properly prosecuted
upon complaint or information as other criminal offenses created by law.

RULE 76 ALLOWANCE OR DISALLOWANCE OF A WILL


Jurisdictional facts alleged in petition for probate:
a. Person died leaving a will:
b. In case of a resident, that he resided within the territorial jurisdiction of
the court; (in the case of non-resident, that he left an estate within
such territorial jurisdiction).
Grounds for disallowing will:
a. Not executed and attested as required by law;
b. Testator was mentally incapacitated to make a will or insane at the
time of execution;
c. Executed under duress, influence or fear, or threats;
d. Procured by undue and improper influence and pressure on the part of
the beneficiary or of some other person for his/her benefit;
e. Signature of testator was procured by fraud/trick and she/he did not
intend instrument to be will.
Differences between petition for probate filed by third persons, and
by testator himself.
Filed by third person
Filed by testator himdelf
Notice published once a week of 3 Newspaper publication not required
consecutive weeks
Personal
notice
given
to Personal notice sent only to testators
designated/known heirs, legatees and compulsory heirs
devisees
Contents of petition for probate:
a. Jurisdictional facts;
b. Names, ages and residence of heirs, legatees, and devisees;
c. Probable value and character of property of estate;
d. Name of person for whom letters are prayed; and
e. Of will has been delivered to the court, the name of the person having
custody of it.
How will is proven as lost or destroyed:
a. Prove that will:
i. Was in existence at time of testators death, OR
ii. Was fraudulently or accidentally destroyed in testators lifetime
without his knowledge;
b. Provisions of will must be clearly and distinctly proven by at least 2
credible witnesses

RULE 77 ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES


AND ADMINISTRATION OF ESTATE THEREUNDER

In re-probate of will proven abroad, proponent must be proved:


a. Testator was domiciled in the foreign country;
b. Will has been admitted to probate in such country;
c. Foreign country was, under the laws of such country, a probate court
with jurisdiction;
d. Law on foreign probate procedure and proof of compliance therewith;
e. Legal requirements in said country for valid execution of will.
EFFECTS OF REPROBATE [Rule 77, Sec. 3 and 4]
1) The will shall have the same effect as if originally proved and allowed in
the Philippines.
2) Letters testamentary or administration with a will annexed shall extend to
all estates of the
Philippines.
3) Such estate, after the payment of just debts and expenses of
administration, shall be disposed of according to the will, so far as such will
may operate upon it, and the residue, if any, shall be disposed of as provided
by law in cases of estates in the Philippines belonging to persons who are
inhabitants of another country.
RULE 78 -- LETTERS TESTAMENTARY AND OF ADMINISTRATION, WHEN
AND TO WHOM ISSUED
QUALIFICATIONS
PERSONS WHO MAY BE EXECUTORS/ADMINISTRATORS
1) EXECUTOR The person named in the will to administer the decedents
estate and carry out
the provisions thereof.
2) ADMINISTRATOR (regular or special) The person appointed by the court
to administer the
estate where the decedent died intestate.
An administrator may also be one appointed by the court in cases
when, although there is a will, the will does not appoint any executor, or if
appointed, said person is either incapacitated or unwilling to serve as such.
3) A corporation/association authorized to conduct the business of a trust
company in the Philippines may be appointed as an executor, administrator,
guardian of an estate, or trustee, in like manner as an individual; but it shall
not be appointed guardian of the person of a ward. [Art. 1060, CC]
4) The marriage of a single woman also shall not affect her authority to serve
under a previous
appointment. [Rule 78, Sec. 3]
The following are
administrators:

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.

2) Preserve the same.


3) Commence and maintain suit for the estate.
4) Sell only: (1) perishable property; and (2) property ordered by the court.
5) Pay debts only as may be ordered by the court.
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) Give allowance to legitimate surviving spouse or children of the decedent if
the court decrees such (grandchildren are not entitled).
10) Deliver property he received to person appointed as executor or
administrator or to such other person as may be authorized by the court.
RESTRICTIONS ON THE POWER OF AN ADMINISTRATOR/EXECUTOR
1) Cannot acquire by purchase, even at public or judicial auction, either in
person or mediation of another, the property under administration.
2) Cannot borrow money without authority of the court.
3) Cannot peculate with funds under administration.
4) Cannot lease the property under administration for more than 1 year.
5) Cannot continue the business of the deceased unless authorized by the
court.
6) Cannot profit by the increase/decrease in the value of the property under
administration.
GROUNDS FOR REMOVAL OF EXECUTOR/ADMINISTRATOR [Rule 82,
Sec. 2]
1) Neglect to render accounts (within 1 year when the court directs).
2) Neglect to settle estate according to the ROC.
3) Neglect to perform an order/judgment of the court or a duty expressly
provided by the ROC.
4) Absconding.
5) Insanity or incapacity or unsuitability to discharge the trust
RULE 79 OPPOSING ISSUANCE OF LETTERS
TESTAMENTARY, PETITION AND CONTEST FOR
LETTERS OF ADMINISTRATION
Contents of petition for issuance of letters of administration:
a. Jurisdictional facts;
b. Names, ages and residences of heirs, and creditors;
c. Probable value and character of property of estate; and
d. Name of person for whom letter are prayed.

RULE 80 SPECIAL ADMINISTRATORS

SPECIAL ADMINISTRATOR appointed when there is a delay in granting letters


testamentary or of administration by any cause, including an appeal from the
allowance or disallowance of the will.

RULE 81 - BONDS OF EXECUTORS AND ADMINISTRATOR


Undertakings of bond of Executor/Administrator:
a. Make and return a complete inventory of the property of the estate
which has come to his possession of any person for him, within 3
months;
b. To administer the property of the estate according to the Rules (if
administrator) or according to the will (if executor);
c. To render an account within 1 year and at any other time required by
the court; and
d. Perform all orders of the court.

RULE 82 REVOCATION OF ADMINISRATION, DEATH, RESIGNATION;


AND REMOVAL OF EXECUTORS AND ADMINISTRATORS
Grounds for removal of executors or administrators:
a. Neglects to render account and settle the estate according to law;
b. Failure to perform order or judgment of the court or duty prescribed by
the rules;
c. Absconds;
d. Becomes insane;
e. Incapable or unsuitable to discharge trust.

RULE 83 INVENTORY AND APPRAISAL PROVISIONS


FOR SUPPORT OF FAMILY
Properties not to be included in inventory as assets of the estate:
a. Wearing apparel of surviving spouse and minor children;
b. Marriage bed and bedding; and
c. Provisions and articles which will necessarily be consumes in the
subsistence of the deceaseds family.

RULE 84 GENERAL POWERS AND DUTIES OF


EXECUTORS AND ADMINISTRATORS

General Powers and Duties of Executors and Administrators:


a. Have access to partnership books and property;
b. Maintain in tenantable repair the houses and other structures and
fences belonging to the estate and deliver the same to the heirs and
devisees when directed to do so by the court; and
c. Right to the possession and management of the real and personal
estate so long as it is necessary for the payment of debt and expenses
of administration.
How right to have access to partnership books and property
enforced:
a. On the written application of executor or administrator
b. Court having jurisdiction of the estate may
c. Order any such surviving partner or partners to:
i. Freely permit the exercise of the rights
ii. Exhibit the books, paper, and property
d. Court may also punish any partner failing to do so for contempt

RULE 85 ACCOUNTABILITY AND COMPENSATION


OF EXECUTORS AND ADMINISTRATORS
Not proper expenses of administration which are not chargeable to
estate:
a. Services rendered by administrator which are not beneficial to the
estate in favor of an heir;
b. Premiums for his/her bond;
c. Expenses for repair of property of the estate being used and occupied
by him;
d. Expenses for keeping ordinary records and receipts involved in his
administration;
e. Losses incurred in conduct of business with use of funds of the estate.
Options of attorney to collect attorneys fees from estate:
a. Sue administrator/executor in the latters personal capacity (who may
then include any fees so paid in his account); OR
b. File a petition in the testate/intestate proceedings asking the court
after notice to all interested persons, to allow his claim and to direct
the executor/administrator to pay it as an expense of administration.

RULE 86 CLAIMS AGAINST ESTATE


Notice for filing of claims:
a. Published once a week for 3 successive week in newspaper of general
circulation;

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

3 distinct, independent and mutually exclusive remedies that can be


alternatively pursued by the mortgage creditor for the satisfaction of his
credit in case the mortgagor dies, among them:
(1) To waive the mortgage and claim the entire debt from the estate of the
mortgagor as an ordinary claim;
(2) To foreclose the mortgage judicially and prove any deficiency as an
ordinary claim; and
(3) To rely on the mortgage exclusively , foreclosing the same at any time
before it is barred by prescription without right to file a claim for any
deficiency.
The plain result of adopting the last mode of foreclosure is that the
creditor waives his right to recover any deficiency from the estate. The 3 rd
mode includes extrajudicial foreclosure sales; the result of extrajudicial
foreclosure is that the creditor waives any further deficiency claim.

RULE 87- ACTIONS BY AND AGAINST EXECUTORS AND


ADMINISTRATORS
Actions which may be bought against the executor or administrator:
a. To recover real or personal property or an interest therein;
b. To enforce a lien thereon;
c. To recover damages for an injury to person or property.
Requisites for creditor (instead of the executor/administrator) to be
able to file an action to recover property fraudulently conveyed by
the decedent:
a. There is a deficiency of assets in the hands of the executor /administrator
for the payment of the debts and expenses;
b. The deceased in his lifetime had made (or attempted) a fraudulent
conveyance of his property with intent to defraud his creditors, or to
avoid any right, debt or duty, or had made any such conveyance which
would be void as against his creditors;
c.
The subject of the conveyance would be liable to attachment by any of
the creditors during the decedents lifetime;
d. The executor/administrator has shown to have no desire or interest to file
the action , or has failed to do so within a reasonable time;
e. Leave of court is obtained;
f.
A bond is filed by the creditor to indemnify the exec/admin against all
costs and expenses incurred by reason of the action; and
g. The action is brought in the name of the exec/admin.
HOWEVER, if the exec/admin was himself the transferee of the fraudulent
conveyance , the last 3 requisites are not required , and the action is
brought in the name of all the creditors

RULE 88-PAYMENT OF THE DEBTS OF THE ESTATE


Order of payment of debts:
a. From portion of property designated in the will;
b. From personal property not disposed of by will;
c. From real property not disposed of by will;

RULE 89- SALES , MORTGAGES, AND OTHER ENCUMBRANCES OF


PROPERTY OF DECEDENT
When Petition for sale or encumbrance of real property :
a. Personal property is not sufficient to pay debts, expenses of
administration and legacies
b. Sale of such personality may injure business or interests of a person
interested in the estate,
c. Testator did not make sufficient provisions for payment of debts,
expenses of administration and legacies
d.Sale or encumbrance would be beneficial to parties interested in the
estate
Reasons to sell personal property:
a.Payment of debts, expenses of administration and legacies in the
Philippines
b.Sale would be beneficial to person interested in the estate ;
c. Payment of debts , expenses and legacies involved in settlement of
estate of decedent in a foreign country.

RULE 90- DISTRIBUTION AND PARTITION OF THE ESTATE


Remedy of heir who has not received his share of the estate:
a.If excluded from the proceedings : move for reopening of the
proceedings before the order declaring the same closed has become
final and executory (after 30 days);
b.If not excluded, but only has not yet received his distributive share
under the project of partition: remedy is not to move for reopening
(since proceedings are only deemed closed upon actual distribution),
but to file a motion for execution within the reglementary period ( 5
years)

RULE 91- ESCHEATS


Requisites for petition for escheat
a.Person died intestate;
b.Person died leaving no heirs; and
c. Person died leaving properties in the Philippines
Notice of hearing to be published once a week for 6 weeks; Date of
hearing shall be not more than 6 months from entry of order fixing date of
hearing.
Disposition of escheated property:
a. If real- to municipalities or cities located;
b. If personal- (1) to city or municipality where decedent last resided in
Philippines.
(2) if decedent never resided in Philippines, then to
municipality or city
Where property is located.
Devisee, legatee, heir, or any other person entitled to the estate may file a
claim with the Court within 5 years from date of the judgment.

GENERAL GUARDIANCE AND GUARDIANSHIP


NOTE: Guardianship is now governed by 2 rules:
1. Rules of court for incompetents
2. Proposed Rule on Guardianship of Minors (AC 03- 02-05) FOR MINORS
-Effective 1 May 2003
-Amends Rules 92 to 97 of the ROC on guardianship of minors. Please try to
read the Proposed Rule on Guardianship of Minors.

RULE 92- VENUE


Venue of guardianship proceedings;
In RTC of province where the minor or incompetent resides, or if nonresident , in any province wherein his property is located
Residence means domicile.

RULE 93- APPOINTMENT OF GUARDIANS


Who may petition for appointment of guardian:
a. Any relative , friend or other person on behalf of the minor
/incompetent;
b. The minor himself, if 14 or over.
Contents of petition:
a. Jurisdictional facts; (minority/incompetency and his domicile)
b. Minority or incompetency
c. Names, ages and residences of the relatives of the
minor/incompetent , and of the persons having him in their care;
d. probable value and character of property of estate; and
e. Name of person for whom letters or guardianship are prayed
Notice of date and place of hearing to be given to all persons named in the
petition residing in the province, and to the minor himself if over 14 (NOTE:
not 14 or over)

RULE 94- BONDS OF GUARDIANS


Undertaking of bond of guardian;
a. Make and return a complete inventory of the property of the estate
which has come to his possession or knowledge, or the possession of
any person for him , within 3 months;
b. To faithfully execute the duties of his trust;
c. To render a true and just account ; and
d. Performed all orders of the court.
Bond may be proceeded against in the same or separate proceeding for the
use and benefit of the ward , or of any other person legally interested in the
estate.

RULE 95-SELLING AND ENCUMBERING


PROPERTY OF WARD
When real property of ward may be sold or encumbered:
A. When income of wards estate is insufficient to maintain ward and his
family (if incompetent) , or to Maintain and educate the ward (if minor);
B. When it appears beneficial to the ward
Guardian shall then file a verified petition setting forth such facts and
praying for the authority to make such sale or encumbrance.

Order granting the authority to sell shall last for only 1 year.

RULE 96 GENERAL POWERS AND DUTIES OF GUARDIANS


Every guardian, other than the wards parents, shall be allowed the amount
of his reasonable expenses, and compensation which shall not exceed 15% of
the NET income of the estate.

RULE 97 TERMINATION OF GUARDIANSHIP


Grounds for removal of a guardian:
a. Insanity;
b. Becomes incapable of discharging his trust;
c. Waste/mismanagement of estate;
d. Failure to make an account or inventory within 30 days after it has
become due (inventory: due within 3 months from appointment and
annually thereafter; account due annually)
Grounds are EXCLUSIVE.

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.

e. Spouse, if any, of person adopting and to be adopted


Process (under the Domestic Adoption Act)
a. Case study
i.
Adoptee
ii.
Biological Parents
iii.
Adopter
Duty of the special worker to confirm identity and register
the child
Discretion of DSWD to recommend denial of petition when
necessary
The social workers of the courts may undertake the case
studies in lieu of the DSWD social worker since 11 of the
Domestic Adoption Act, which enumerates the people who
may undertake the case studies, is NOT exclusive. (A.M.
no. 00-8-03-SC, effective September 1, 2000).
b. Supervised trial Custody
i.
6-months bonding
ii.
Temporary parental authority
iii.
Period may be reduced
Exception: Alien adopter (full 6 months)
Exception to Exception: Relative adoption
c. Decree of adoption
After publication
No opposition
Evidence considered
Effective date: As of filing of original petition (even if petitioner
dies before issuance)
d. Amendment of certificate of birth
Original birth certificate canceled
New birth certificate issued (without notation of amended issue)
e. Confidentially
Public not allowed in proceedings
Records confidential
Court order needed for disclosure
NOTE: See Rule on Commitment of Children regarding the involuntary
commitment of a child who appears to be dependent, abandoned or
neglected. A.M. No. 02-1-19-SC, effective 15 April 2002.

RULE 100 RECISION AND REVOCATION OF ADOPTION


Who may petition?
Adoptee only.

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.)

RULE 101 PROCEEDINGS FOR HOSPITALIZATION


OF INSANE PERSONS
Who files a petition for commitment of an insane person:
Secretary of Health
Where petition is filed:
RTC of the province where the person alleged to be insane may be found
Cases petition should be files: in all cases where in the opinion of the
Secretary of Health, such confinement is:
a. For the public welfare
b. For the welfare of a person who in the Secretarys judgment is insane,
and such person or the one having charge of him is opposed to his
being taken to a hospital or other placed for the insane.

RULE 102 HABEAS CORPUS


WRIT OF HABEAS CORPUS The writ of habeas corpus is a writ directed to the
person detaining another, commanding him to produce the body of the prisoner at a
designated time and place, with the day and cause of his caption and detention, to
do, submit to, and receive whatever the court or judge awarding the writ shall
consider in that behalf.

The writ of habeas corpus may be obtained in two instances:


a. Deprivation of liberty public officers (police)
b. Rightful custody is withheld private persons detaining (custody of
minor child)
Writ of habeas corpus may also be availed of as a consequence of a
judicial proceeding:
a. There has been a deprivation of a constitutional right resulting in
restraint of person;
b. The court had no jurisdiction to impose the sentence;
c. An excessive penalty has been imposed, the sentence being void as to
the excess.
Contents of petition:
Must be signed and verified, and shall set forth
a. That the person in whose behalf the application is made is imprisoned
or restrained of his liberty;
b. The officer or name of the person by whom he is imprisoned or
restrained;
c. Place where he is imprisoned or restrained, if known;
d. Copy of the commitment or cause of the detention, if it can be
procured without impairing the efficiency of the remedy (if no legal
authority for imprisonment, such fact shall appear)
Contents of the Return of the Writ:
a. Whether he has the party under his custody, power or restraint;
b. If he does, the authority and cause upon which he is held, together
with a copy of the writ, order, execution or other process;
c. If party is in his custody and is not produced, the gravity of his sickness
or infirmity by reason of which he cannot be produced; and
d. If he previously had custody, and has transferred the same to another,
then the state to whom, at what time, for what cause, and by what
authority such transfer was made.
Prisoner
If it appears that that the prisoner is under custody under a warrant of
commitment in pursuance of law, the return shall be prima facie evidence of
the cause of the restraint. Otherwise, the return shall be only considered as a
plea of the facts set forth, and the party claiming custody must prove the
same. Therefore, in the former case, failure to file a reply to the Return
warrants for dismissal of the petition This is because unless the allegations
are controverted, they are deemed to be true and admitted, the return being
prima facie evidence of the cause of the restraint.
PRELIMINARY CITATION where the person detained under governmental
authority and the illegality of his detention is no patent from the petition for

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.

PEREMPTORY WRIT issued when the cause of detention appears to


patently illegal and the non-compliance therewith punishable.
ELEPANTE V. MADAYAG
An appeal in Habeas Corpus proceedings should be perfected (i.e. by filing
Notice of Appeal) within 48 hours, compliance with which is mandatory and
jurisdictional. In counting the 48 hours, the date on which the decision was
promulgate is not counted, and the period starts to rum the following day.
Note: Please try to read the PROPOSED RULE ON CUSTODY OF MINORS AND
WRIT OF HABAES CORPUS IN RELATION TO CUSTODY OF MINORS which shall
apply to petitions for custody of minors and writs of habeas corpus in relation
to minors. A.M. No. 03-04-04 SC, effective 15 May, 2003.
TUNG CHIN HUI V. RODRIGUEZ April 2, 2001.
Ps confinement is in accord with 37 (a) of the Philippine Immigration Act of
1940, as amended, which reads as follows: 37. (a) The following aliens shall
be arrested upon the warrant of the Commissioner of Immigration or of
another officer designated by him for the purpose and deported upon the
warrant of the Commissioner of Immigration after a determination by the
Board of Commissioners of the existence of the ground for deportation as
charged against the alien: XXX (7) Any alien who remains in the Philippines in
violation of any limitation or condition under which he was admitted as nonimmigrant.
WRIT OF AMPARO
AMPARO Literally, to protect.
The instrument originated in Mexico and has been constitutionally adopted
by Latin American countries (except Cuba) to protect against human rights
abuses, especially during the time when they were governed by military
juntas. The writ was adopted to provide for a remedy to protect the whole
range of constitutional rights, including socio-economic rights.
In light of the recent prevalence of extralegal killings and enforced
disappearances (ELKED), SC exercised its enhanced power to promulgate
rules to protect and enforce constitutional rights. [Art. 8, Sec. 5[5], Consti]
EXTRALEGAL KILLINGS Killings committed without due process of law (i.e.
without legal safeguards or judicial proceedings).
ENFORCED DISAPPEARANCES Attended by the following circumstances:
1) Arrest/detention/abduction of a person by a government official or
organized groups or private individuals acting with the in/direct acquiescence
of the State;
2) Refusal of the State to disclose the fate/whereabouts of the person
concerned, or refusal to acknowledge the deprivation of liberty, which places

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

Who may 1) Aggrieved party;


file
2) In order:
a) Immediate
family
members
b) Ascendant/descendant
or collateral relative
within 4th civil degree
c)
Concerned
citizen/organization
Docket
Exempt, Docket petition and
fees
act immediately

Return on
the writ

Respondent must file a


verified written return within
72 hours after service

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

If indigent petitioner, exempt , Docket


petition and act immediately, but
without prejudice to submission of
proof of indigency within 15 days from
filing
SAME, but within 5 working days (the
court may extend the period for
justifiable reasons)

Defenses
raised

All defenses not raised in the


return are
deemed waived

Interim
reliefs

Upon filing and anytime


before judgment,
the court may grant any of
the following:
xxx
X1) Temporary protection
order xxx
X2) Inspection order = To
permit entry for
inspecting relevant
objects/operations
xxx
X3) Production order = To
produce and permit
inspection of evidence
xxx
X4) Witness protection order
If respondent is: xxx
Xxx 1) Private
individual/entity: Ordinary xxx
Xxx 2) Public official/EE:
Extraordinary; and
cannot invoke presumption of
regularity in
performance of official duty
to evade liability

Required
standard
of
diligence

Hearing may be in chambers if


respondent invokes the following
defenses:
1) Release of the data/information will
compromise national security or State
secrets
2) Data/information cannot be
divulged to public because of its
nature or privileged character

RULE 103 CHANGE OF NAME


Venue
RTC of province where petitioner resides
Contents of petition
a. That petitioner is a bona fide resident of the province for at least 3
years prior to the date of the filing of the petition
b. Cause for which the change of name is sought
c. Name asked for (2)
d. All the names and aliases of petitioner (Republic v. Zosa)

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.

RULE 104 VOLUNTARY DISSOLUTION OF


CORPORATION
Repealed by Sections 118 and 119 of the Corporation Code

RULE 105 JUDICIAL APPROVAL OF VOLUNTARY


RECOGNITION OF MINOR NATURAL CHILDREN
Recognition of natural children (art. 278, NCC)
Only evidence accepted
a. Record of birth
b. Will
c. Statement before court of record
d. Any authentic writing

RULE 106 CONSTITUTION OF FAMILY HOME


Amended by Articles 152 and 153 of the Family Code.

RULE 107 ABSENTEES


Contents of petition for appointment of representatives, or for
declaration
of
absence
and
appointment
of
trustee
or
administration:
a. Jurisdictional facts;
b. Names, ages, and residence of heirs instituted in the will (a copy of
which must be presented) and the intestate heirs;
c. Names and residences of creditors and other persons with adverse
interests over the properties of the absentee;
d. Probable value, location and character of the property of the absentee.
Notice of hearing:
Published one week for 3 consecutive weeks, and personal notice sent to all
known heirs, legatees, devisees, creditors and other interested persons at
least 10 days before the hearing.

RULE 108 CANCELLATION AND CORRECTION OF


ENTRIES IN CIVIL REGISTRY
Venue for petitions for cancellation/correction of entry in Civil Registry:
RTC of province where the corresponding civil registry is located.
Parties to proceedings:
a. The civil registrar AND
b. All persons who have or claim any interest which would be affected
thereby
RA 9048 -- AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR
THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN
ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER
WITHOUT NEED OF A JUDICIAL ORDER.
Scope:
a. Clerical / typographical errors
b. Change of first name / nickname
CLERICAL OR TYPOGRAPHICAL ERROR a mistake committed in the
performance of clerical work in writing, copying, transcripting or typing an
entry in the civil register that is harmless and innocuous, such as misspelled
name or misspelled place of birth or the like, which is visible to the eyes, or
obvious to the understanding and can be corrected or changed only by
reference to other existing record or records.

Who may file an petition:


Any person having direct and personal interest in the correction or change
WHERE TO FILE PETITION:
With the local civil registry office of the city or municipality where
the record being sought to be corrected or changed is kept.
If petitioner has already migrated to another place in the country
and it would not be practical for such party to appear before the
local civil registrar keeping the documents to be corrected or
changed: With the local civil registry of the place where the
interested party is presently residing or domiciled
If petitioner resides or domiciled in foreign countries: With nearest
Phil. Consulate
Petition may be availed of only once.
GROUNDS FOR CHANGE OF FIRST NAME:
a. First name is ridiculous, tainted with dishonor or extremely difficult to
write or pronounce
b. New first name or nickname has been habitually and continuously used
by the petitioner and he has been publicly known by that first name or
nickname in the community
c. Change will avoid confusion
Form and contents of petition:
a. In the form of an affidavit, subscribed and sworn to before any
authorized person
b. Set forth fact necessary to establish merits
c. Show affirmatively that petitioner is competent to testify to the matters
stated
a.
State:
i.
The particular erroneous entry which are sought to be corrected
ii.
The change sought to be made
b. Supported by:
i.
A certified true machine copy of the certificate or of the page of
the registry book containing the entry or entries sought to be
corrected or changed
ii.
At least 2 public or private documents showing the correct entry
or entries upon which the correction or change shall be based
iii.
Other relevant documents
Differences between RA 9048 and Rule 108
RA 9048
RULE 108
Administrative proceeding
Affidavit is filed
Penalty clause
Publication requirement: once a week for
2 consecutive weeks

Summary judicial proceeding


Petition is filed
No penalty clause
Publication requirement: 3 consecutive
weeks

Posting in conspicuous place


Change of name is based
enumerated grounds

on

No posting
Change of name is to correct clerical/
innocuous errors

RULE 109 APPEALS IN SPECIAL PROCEEDINGS


Appeals in special proceedings may be taken from the following
orders/judgments:
a. Allowance/disallowance of wills;
b. Determination of lawful heir or distributive share of the estate to which
such person is entitled;
c. Allowance/disallowance of any claim against the estate of a deceased
person or any claim against it;
d. Settlement of account of executor, administrator, trustee, or guardian;
e. Constitutes, in proceedings relating to settlement of estate or
administration of a trustee or guardian, a final determination in the
lower court of the rights of the party appealing, EXCEPT that no appeal
is allowed from appointment of special administrator.
f. Final order or judgment rendered in case and affects substantial rights
or person appealing UNLESS it be an order granting or denying a
motion for new trial or motion for reconsideration.
NOTE: Please..read RA 9048 and its implementing Rules and Regulations.

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.

Jurisdiction over the person of


the accused
May be acquired by consent of the
accused or by waiver of objections.
Failure of the accused to make
objection in time would constitute a
waiver of the objection.

2. Requisites for exercise of criminal jurisdiction


-whether or not the court has jurisdiction over the offense by virtue of the
imposable penalty and its nature [SUBJECT MATTER JURISDICTION]
-whether or not the action has been filed within the TERRITORIAL
JURISDICTION of the court.
*refers to VENUE or the place where the case is to be tried. The action
should be instituted and tried in the municipality or territory where offense
has been committed or where any one of the essential elements thereof took
place.
* for transitory/continuing offenses the courts of the territories where
the essential ingredients of the crime took place have concurrent jurisdiction.
The first court taking cognizance of the case will exclude the others.

3. Jurisdiction of Criminal courts


How Determined
-determined by the allegations of the complaint or information.
-by examination of the complaint/information to ascertain that the facts set
our and punishment fall under jurisdiction of court.
-jurisdiction over complex crimes: lodged with the court having jurisdiction to
impose the maximum and most serious penalty imposable on an offense
forming part of the complex crime.
Military Courts
GENERAL RULE: Ordinary courts will have jurisdiction over cases involving
members of the armed forces, and other persons subject to military law,
including members of the Citizens Armed Forces Geographical Units who
commits crimes under the RPC of special laws, regardless of who the coaccused or victims are.
EXCEPTION: When, as determined by the ordinary court during arraignment,
the offense is service-oriented, then it will be tried by the court martial.
Provided, the President may, in the interest of justice, order/direct at any time
before arraignment that any such crimes/offenses be tried by the proper civil
courts.
JURISDICTION OF COURTS
MTC
-exclusive
original
jurisdiction
over
all
violations
of
city/municipal
ordinances
committed
within their respective
territorial
jurisdiction.
[Sec. 32, BP 129]
-exclusive
original
jurisdiction
over
all
offenses
punishable
with imprisonment not
exceeding
6
years
irrespective
of
the
amount of fine, and
regardless
of
other
imposable accessory or
other
penalties,
including
the
civil
liability
arising
from
such
offenses
or
predicated
thereon,
irrespective
of
kind,
nature, value or amount

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

-cases against minors


cognizable under the
Dangerous Drugs Act, as
amended.
-violations of RA 7610,
the Child Abuse Act.
-cases
of
domestic
violence against women
and children. If an act
committed
against
women and children
likewise constitute a
criminal offense, the
accused
or
batterer
shall be subject to
criminal
proceedings
and the corresponding
penalties. [Rep. Act No.
8369, Family Courts Act
of 1997]

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

criminal case falling


under
the
aforementioned list
where the offense
charged
is
necessarily related
to another criminal
case subject to the
ordinary procedure.

such other offense


or felony in relation
to his office.

4. When injunction may be issued to restrain criminal prosecution


GENERAL RULE: The prosecution of a criminal case may not be enjoined by
prohibition/injunction.
RATIONALE: Public interest requires that criminal acts be immediately
investigated and prosecuted for the protection of society.
EXCEPTIONS:
*to afford protection to the constitutional rights of the accused
*Necessary for the orderly administration for justice or to avoid multiplicity of
actions
*there is a prejudicial question which is sub judice
*the acts of the officer are without or in excess of authority
*the prosecution is under an invalid law/ordinance/regulation
*when double jeopardy is clearly apparent
*the court has no jurisdiction over the offense
*a case of persecution rather than prosecution
*charges are manifestly false and motivated by the lust of vengeance
*there is clearly no prima facie case against the accused and MTQ on that
ground has been denied
*preliminary injunction has been issued by the SC to prevent the threatened
unlawful arrest of petitioners.
B. Prosecution of Offenses
1. Criminal actions, how instituted
IN GENERAL
A criminal action is commenced in this jurisdiction by the filing of a complaint
or information. The complaint may be filed either with the MTC or with a
public prosecutor for purposes of conducting a preliminary investigation.
INSTITUTION AND COMMENCEMENT OF ACTIONS
- For offenses which require a preliminary investigation pursuant to section 1
of Rule 112 [ where the penalty prescribed by law is at least 4 years, 2
months, and one day without regard to the fine], the criminal action is

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

c. defamation which consists of imputation through the foregoing offenses


Rationale:
The aggrieved party might prefer to suffer the outrage in silence rather than
go through the scandal of public trial.
Offended parties who can file complaint
*In adultery and concubinage the offended spouse. Both guilty parties
should be included if both are alive. However, a criminal prosecution will not
prosper if the offended party consented to the offense.
*in oral defamation can only be brought upon instance and upon complaint
of the offended party.
Effect of
a. death of the offended party
*Once a complaint is filed, the will of the offended party is ascertained and
the action proceeds. Death after filing the complaint would not deprive the
court the jurisdiction to try the case.
*The State shall initiate the action on behalf of the offended party in case of
his death/incapacity and he has known parents/grandparents/guardians.
*In adultery/concubinage, such death does not extinguish the criminal liability
of accused.
b. desistance by offended party
* It does not bar the People of the Philippines from prosecuting the criminal
action, but it operates as a waiver of the right to pursue civil indemnity.
*An affidavit of desistance cannot justify dismissal of the complaint if made
after and not before the institution of the criminal action.
c. pardon by offended party
*in rape, seduction, abduction and acts of lasciviousness of a minor The
pardon will be effective if given by both parents and the offended party.
*In seduction, abduction, and acts of lasciviousness Express pardon by the
offended party, parents, grandparents, or guardian will prevent prosecution.
[Rule 110, Sec. 5]
*the parents/grandparents/guardian of the offended minor [in that order]
cannot extend a valid pardon without conformity of the offended party, even
if the latter is a minor. [US v. Luna, 1902]
*If the offended woman is of age and not incapacitated, only she can extend
a valid pardon which would absolve the offender.
General Rule
Pardon must be made before the filing of the criminal complaint, in court
EXCEPT in rape where marriage between the offender and the offended party
would be effective as pardon even when the offender has already
commenced serving his sentence.
If there are more than one accused, the pardon must be extended to
all offenders.
Marriage between the offender and offended party.
Pardon or desistance extinguishes civil liability.

Pardon or express condonation has the effect of waiving the civil


liability with regard to the interest of the injured party. Liability arising
from an offense is extinguished in the same manner as other
obligations.

3. Criminal actions, when enjoined


General Rule: The prosecution of a criminal case may not be enjoined by
prohibitory injunction.
RATIONALE: Public interest requires that criminal acts be immediately
investigated and prosecuted for the protection of society.
EXCEPTONS
To afford protection to the constitutional rights of the accused
Necessary for the orderly administration of justice or to avoid
multiplicity of actions
There is a prejudicial question which is subjudice
The acts of the officer are without or in excess of authority
The prosecutions is under an invalid law/ordinance/regulation
When double jeopardy is clearly apparent
The court has no jurisdiction over the offense
A case of persecution rather than prosecution
The changes are manifestly false and motivated by the lust for
vengeance
There is clearly no prima facie case against the accused and MTQ on
that ground has been denied
Preliminary injunction has been issued by the SC to prevent the
threatened unlawful arrest of petitioners
4. Control of prosecution
Extent of the prosecutors control
a. prior to the filing of the case
*the prosecution has the discretion to file or not to file a criminal action.
*the prosecutor is vested with discretion as to who is to prosecute and for
what; he cannot be compelled to file a particular information. However, if the
evidence presented as the PI leaves no doubt as to what crime was
committed and by whom, then mandamus is available to compel the
prosecuting officer to file the corresponding complaint or information in
accordance with the evidence. [Bernabe v. Bolinas, 18 SCRA 812]
b. after a case is filed
*once a criminal case has been filed in court, it is the prosecutors duty
regardless of his personal convictions or opinions, to proceed with the
presentation of his evidence to enable the court to arrive at its own judgment
as to the accuseds culpability.
* after an action has been filed in court, the prosecutor has no power to
dismiss the action without the courts consent.

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

9. Amendment or Substitution of complaint or


Information
BEFORE THEACCUSED ENTERS HIS PLEA, THE PROSECUTOR MAY:
Upgrade the offense
Allege qualifying an aggravating circumstances or
Change the offense charged
Without leave of court, provided there is evidence thereon which has been
presented during the preliminary investigation.
HOWEVER, PROSECUTOR CANNOT:
Downgrade the offense charged
Exclude from the information a co-accused
Without filing a motion to that effect, with notice of the offended party, and
subject to the approval of the court. The court shall state the reasons in
resolving the motion and copies thereof furnished all parties, especially the
offended party.
Technically, paragraph 2 of Section 14 does not refer to amendment, but to
substitution of the complaint or information by a new one. If the substitution
is made before the accused enters his plea, the question of double jeopardy
does not arise. If the filing of new information is done after the plea and
before judgment on the ground that there has been a mistake in charging the
proper offense, the filing thereof may only be allowed if it will not place the
accused twice in jeopardy.
Test as to whether a defendant is prejudiced by an amendment:
Whether a defense under the information as it originally stood would
be available after the amendment is made, and
Whether any evidence defendant might have would be equally
applicable to the information in the new form as in the other.
GENERAL RULE: after arraignment, the prosecutor may no longer amend the
information which changes the nature of the crime, as it will prejudice the
substantial rights of the accused.
EXCEPTION: when a fact supervenes which changes the nature of the crime
charged in the information or upgrades it to a higher crime, the prosecutor, with
leave of court, may amend the information to allege such supervening fact and
upgrade the crime charged to the higher crime brought about by such supervening
fact.
However. if supervening event which changes the nature of the crime to a more
serious one occurred after the accused has been convicted, which makes the
amendment of the information no longer the remedy of the prosecution, the
prosecution can and should charge the accused for such more serious crime, without

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.

Exceptions: those provided in Article 2 of the Revised Penal Code.


Those who commit any of the crimes contemplated therein can be
tried by Philippine courts.
Venue of criminal actions shall be:
In the courts of the municipality or territory
- where the offense was committed, or
- where any of its essential ingredients occurred. [Sec 15a, Rule
110]
Where crime is continuing a person charged with a transitory crime may be
validly tried in any municipality or province where the offense was in part
committed.
Libel cases
- action to be instituted and filed in the court of the province or city
where the libelous article is printed and first published.
- if a private individual, action may also be filed in the province where
he actually resides at the time the province where he actually resides at the
time of the commission of the offense. If a public officer, action may be filed

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.

2. The suspension of the criminal case due to a prejudicial question is


only a procedural matter, and is subject to a waiver by virtue of prior
acts of the accused.
3. There is no prejudicial question where one case is administrative and
the other is civil.
6. Rule on Filing Fees in civil action deemed
instituted with the criminal action
RULES ON FILING FEES
No filing fees are required for amounts of actual damages.
EXCEPTION- criminal action for violation of BP 22 which is deemed to
include the corresponding civil action. The offended party shall, upon
the filing of the criminal and civil actions, pay in full the filing fees
based on the face value of the check as the actual damages.
Purpose of Exception: to prevent the offended party from using the
prosecutors office and the court as vehicles for recovery of the face
value of the check, without paying the corresponding filing fees
therefor.
With respect to damages other than actual, if these damages are
specified in the complaint or information, the corresponding filing fees
should be paid, otherwise. The trial court will not acquire jurisdiction
over such other damages.
Where moral, exemplary and other damages are not specified in the
complaint or information, the grant and amount thereof are left to the
sound discretion of the trial court, the corresponding filing fees need
not be paid and shall simply constitute a first lien on the judgment.
In an appeal of a criminal case:
The appellate court may impose additional damages or increase or
decrease the amount of damages upon the accused-appellant.
HOWEVER, additional penalties cannot be imposed upon a co-accused
who did not appeal, but modifications of the judgment beneficial to him
are considered in his favor.
The offended party in a criminal case may appeal the civil aspect despite the
acquittal of the accused. Where the trial court convicted the accused, but
dismissed the civil action instituted therein, the offended party may appeal
the dismissal to the CA.
Compromise on civil aspect:
The offended party may compromise the civil aspect of crime, provided
that it must be entered before or during the litigation, and not after
final judgment. A compromise on the civil aspect is valid even if it turns
out to be unsatisfactory either to one or both of the parties.

Important: Section 1, Rule 111 now expressly provides that no counterclaim,


cross-claim or third-party complaint may be filed by the accused in the criminal
case, but any cause of action which could have been subject thereof may be
litigated in a separate civil action.
D. Preliminary Investigation
1. Nature of right
Not part of the trial of the criminal action in court. Nor its record part of
the record of the case in the RTC.
Subject to the requirements of both substantive and procedural due
process.
The right of an accused to a preliminary investigation is not a
constitutional but merely a statutory right. Nonetheless, it is a
component part of due process in criminal justice and is a substantive
right.
Personal right and may be waived expressly or by implication.
Lack of preliminary investigation is not a ground to quash or dismiss a
complaint or information, nor does it affect the courts jurisdiction.
When there is no preliminary investigation, the accused must invoke it
at the first opportunity and the court should hold in abeyance or
suspend proceedings and remand the case to the office of the
prosecutor for him to conduct PI.
The refusal of the court to remand the case for PI can be controlled by
certiorari and prohibition to prevent trial.
2. Purposes of preliminary investigation
- to determine whether or not a crime has been committed and whether or
not there is a probable cause to believe that the accused is guilty.
- to protect the accused from the inconvenience, expense and burden of
defending himself in a formal trial.
- to secure the innocent against hasty, malicious and oppressive prosecution,
and to protect him from an open and public accusation of a crime, from the
trouble, expense, anxiety of a public trial, and also protect the state from
useless and expensive trials.
3. Who may conduct determination of existence of
probable cause
OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION
1. No longer authorized to conduct PI:
By implication, MTC judges in Manila and In chartered cities have not
been granted the authority to conduct PI, as the officers authorized to
do so are the prosecutors.
Judges of RTCs
2. Two types of offenses may be filed in the MTC for preliminary
investigation:
A case cognizable by the RTC may be filed with the MTC for PI;

Even if it is cognizable by the MTC because it is an offense where the


penalty prescribed by law is at least 4 years 2 months and 1 day.
3. Regarding offenses failing within the original jurisdiction of the
Sandiganbayan:
Prosecutors or municipal trial court judges conducting PI of offenses
falling within the original jurisdiction of the Sandiganbayan shall, after
their resolutions to the Ombudsman or his deputy for appropriate
action.
Moreover, the prosecutor or judge cannot dismiss the complaint
without the prior written authority of the Ombudsman or his deputy,
nor can the prosecutor file an information with the Samdiganbayan
without being deputized by, and without prior written authority of, the
Ombudsman or his deputy.
*Uy v. Sandiganbayan (2001) The Ombudsman is clothed with authority
to conduct preliminary investigation and to prosecute all criminal cases
involving public officers and employees, not only those within the jurisdiction
of the Sandiganbayan, but those within the jurisdiction of the regular courts
as well. 15 of RA 6770 (Ombudsman Act of 1989) does not make any
distinction. Any illegal act or omission of any public official is broad enough
to embrace any crime committed by a public officer or employee. Such grant
of primary jurisdiction over cases cognizable by the Sandiganbayan does not
necessarily imply the inclusion from its jurisdiction of cases involving public
officers and employees cognizable by the other courts.
*Roxas v. Vasquez (2001) In criminal prosecutions, a reinvestigation, like
an appeal, renders the entire case open for review, regardless of whether a
motion for reconsideration should not be limited in its review. It is clear from
R.A. 6770 that the Ombudsman may motu propio conduct a reinvestigation.
4. ELECTION OFFENSES:
The exclusive jurisdiction of the COMELEC to investigate and prosecute
election offenses inheres even if the offender is a private individual or
public officer or employee, and in the latter instance, irrespective of
whether the offense is committed in relation to his official duties or
not. In other words, it is the nature of the offense, namely, an election
offense as defined in the Omnibus Election Code and in other election
laws, and not the personality of the offender that matters.
5. THE OMBUDSMAN:
The power of the Ombudsman to make investigation extends to any
public official, whether or not the same is committed in relation to his
office.
Preliminary investigation by the Ombudsman is limited to cases
cognizable by the Sandiganbayan and must be conducted pursuant to
Rule 11 of the Ombudsman.
Section 4(d) of Administrative Order No. 07 dissallows the filing of a
motion to quash or dismiss a complaint filed with the Ombudsman,
except on the ground lack of jurisdiction.

Which remedy an aggrieved party avail of against resolutions


of the Ombudsman in criminal or non-administrative cases? The
law is silent. Hence, appeal is not available as a remedy because the
right to appeal is a statutory privilege and may be availed if only if
there is a statute to that effect. However, an aggrieved party is not
without remedy, as he can resort to the special civil action of certiorari
under Rule 65.
The Ombudsman does not have the power:
To prosecute before the Sandiganbayan any impeachable officers with
any offense which carries with it the penalty of removal from office, or
any penalty service of which would amount to removal from office
because by constitutional mandate, they can be removed from office
on impeachment for, and conviction of culpable violation of the
Constitution, treason, bribery, graft and corruption, other high crimes,
or betrayal of public trust
To prosecute public officers or employees who committed election
offenses.
To file an information for an offense cognizable by the regular courts.
EFFECT OF AN INCOMPLETE Preliminary Investigation
Does not warrant the quashal of the information
Does not affect the courts jurisdiction or the validity of the
information.
PROCEDURE
1. By reason of the abbreviated nature of Preliminary Investigation, a
dismissal of the charges as a result thereof is not equivalent to a
judicial pronouncement of acquittal.
2. The accused or respondent in a criminal prosecution may avail himself
of discovery remedies either during preliminary investigation or when
the information has already been filed in court.
3. A motion to dismiss is now a prohibited pleading during preliminary
investigation.
4. The respondent is now required to submit counter-affidavits and other
supporting documents relied upon by him for his defense.
5. The respondent now has the right to examine the evidence submitted
by the complainant of which he may not have been furnished and to
obtain copies thereof at his expense.
RESOLUTION OF INVESTIGATING PROSECUTOR AND ITS REVIEW
After having filed the information, the prosecutor is called upon to
prosecute the case in court. It has been said that at this stage, unlike judges
who are mandated to display cold neutrality in hearing cases, the prosecutors
are not required to divest themselves of their personal convictions and refrain
from exhibiting partiality. But while he may strike hard blows, he is not at
liberty to strike foul ones.
EFEFCT OF EXECUTION OF OTHER PERSONS FROM THE INFORMATION

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.

ROLE OF SECRETARY OF JUSTICE


The Secretary of Justice is not prevented from entertaining an appeal
from the accused or from the offended party even after the information
has been filed and the trial court has arraigned the accused. Section 4
of DIJ 223 should be construed as merely enjoining the Secretary of
Justice to refrain, as far as practicable, from entertaining a petition for
review or appeal from the action of the prosecutor once the complaint
or information is filed in court. If the Secretary reverses the ruling of
the prosecutor, the latter has to file the necessary motion to dismiss
the complaint or information, the grant or denial of which is subject to
the discretion of the trial court.
EFFECT IF THE INFORMATION IS FILED BY SOMEONE NOT
AUTHORIZED BY LAW
The court does not acquire jurisdiction. The accuseds failure to assert
lack of authority on the part of the prosecutor in filling the information
does not constitute a waiver thereof.
The prosecutor is required to resolve the complaint based on the evidence
presented by the complainant in the event that the respondent cannot e
subpoenaed or the respondent, if subpoenaed, does not submit a counteraffidavit within the 10-day period.
4. Resolution of investigating prosecutor
- if the investigating prosecutor finds no probable cause, he will dismiss the
case. Otherwise, he will prepare an information and resolution.
- he certifies in the information that he is an authorized officer; that he
personally examined the complainant and witnesses; that there is reasonable
ground to believe that a crime has been committed and that the accused is
probable guilty thereof; that the accused was informed of the complaint and
of the evidence submitted against him; and that he was given an opportunity
to submit controverting evidence.
5. Review
- within 5 days from resolution, the investigating officer will forward the case
to the prosecutor or the ombudsman.
- within 10 days from receipt of the resolution, the prosecutor/ombudsman
will act on the case.
- the prosecutor/ombudsman has to authorize/approve the filing of an
information by the investigating officer.

- in case of dismissal by investigating officer, the prosecutor/ombudsman, if


he disagrees, may file the information himself or any deputy or order any
prosecutor to do so without conducting a new PI.
- the DOJ Secretary may file the information or dismiss the information filed
by the prosecutor.
6. When warrant of arrest may issue
1. Invalid: A warrant issued by the judge solely on the basis of the report and
recommendation of the investigation prosecutor, without personally
determining the existence of probable cause by independently examining
sufficient evidence submitted by the parties during the Preliminary
Investigation.
2. Effect of a finding of probable cause
merely binds over the suspect to stand trial. It is not a pronouncement
of guilt.
3. What the accused, who believes that there is no probable cause to hold
him for trial, may do:
to file with the trial court a motion to dismiss on such ground or for the
determination of probable cause.
if the warrant of arrest has been issued, the accused may file a motion
to quash the arrest warrant or to recall the same on the ground of lack
of probable cause.
4. Where an information has already been filed in court, and the Secretary of
Justice reversed the prosecutors finding of probable cause, what should
the trial court do upon the prosecutors motion to dismiss? He must make
his own assessment of the evidence and not just rely on the conclusion of
the prosecutor, otherwise the court becomes a mere rubber stamp.
5. REINVESTIGATION:
Once the complaint or information is filed in court, any motion for
reinvestigation is addressed to the sound discretion of the court.
While the trial court judge has the power to order the reinvestigation of
the case by the prosecutor, he may not, before the prosecutor
concluded the reinvestigation, recall said order, set the case for
arraignment and trial, without gravely abusing his discretion.
6. Municipal judge may issue arrest warrant before conclusion of
preliminary investigation if:
he finds that probable cause exists and
there is a necessity of placing respondent under immediate custody.
7. Important: The rule is now that the investigating judges power to order
the arrest of the accused is limited to instances in which there is a
necessity for placing him in custody in order not to frustrate the ends of
justice. Thus, even if the judge finds probable cause, he cannot, on such
ground alone, issue a warrant of arrest. He must further find there is a

necessity of placing the accused under immediate custody in order not to


frustrate the ends of justice.
8. The investigating judge has no power to reduce or change the crime
charged in order to justify the grant of bail to the accused. The power
belongs to the prosecutor.
9. After the conclusion of his PI, the judge has to transmit to the provincial
prosecutor his resolution and entire records of the case, regardless of
whether he finds a probable cause or sufficient ground to issue a warrant
of arrest.
WHEN ACCUSED LAWFULLY ARRESTED WITHOUT WARRANT
General Rule: No complaint or information shall be filed for an offense which
is penalized by imprisonment of not less than 4 years, 2 months and 1 day
without PI.
EXCEPTION: when the accused has been lawfully arrested without warrant,
in which case, an inquest must be conducted by an inquest prosecutor who
will determine whether his arrest without warrant is lawful. The inquest
prosecutor may order the release of the arrested person if he finds no
sufficient ground to hold him without prejudice to conducting further
investigation, or file complaint or information within the period specified in
Art. 125 of the RPC.
In case a person is arrested without a warrant, a complaint or information
may only be filed after an inquest conducted in accordance with existing
rules.
Provided: that in the absence or unavailability of an inquest prosecutor,
the complaint may be filed by the offended party or a peace officer
directly with the proper court on the basis of the affidavit of the
offended party or arresting officer or person.
Before the filing of a complaint or information, the person arrested without a
warrant may ask a preliminary investigation by a proper officer, but he must
sign a waiver of the provisions of Art. 125 of the RPC.
If the accused allows himself to be arraigned without asking for a preliminary
investigation, he is deemed to have waived the right to such PI.
7. Cases not requiring a preliminary investigation
1. Cases governed by the Rules on Summary Procedure;
2. Cases where the punishment does not exceed 4 years 2 months and 1
day.
8. Remedies of accused if there was no preliminary
Investigation
- while PI is a statutory and substantive right and a component part of due
process, the absence of PI does not impair the validity of the information or

otherwise render it defective; neither does it affect the jurisdiction of the


court nor constitute a ground for quashing the information.
- the trial court, instead of dismissing the information, should hold in
abeyance the proceedings and order the public prosecutor to conduct a PI.
9. Inquest
GENERAL RULE
PI is required to be conducted before a complaint/information is filed for an
offense where the penalty prescribed by law is at least 4years, 2 months and
1 day, without regard to the fine.
EXCEPTION
- when a person is lawfully arrested without a warrant involving an offense
that requires a PI, a complaint/information may be filed without conducting
the PI if the necessary inquest is conducted.
Inquest a summary inquiry conducted by the prosecutor for the
purpose of determining whether the warrantless arrest of a person is based
on probable cause.
- in the absence or unavailability of an inquest prosecutor, the complaint may
be filed by the offended party or by a peace officer directly with the proper
court on the basis of the affidavit of the offended party or arresting officer or
person.
- however, before the complaint/information is filed, the person arrested may
ask for a PI but he must sign a waiver of the provisions of Art 125, RPC in the
presence of his counsel. Notwithstanding the waiver, he may apply for bail
and the investigation must be terminated within 15 days from its inception.
- after the filing of the complaint/information in court without a PI, the
accused may within 5 days from the time he learns of its filing, ask for a PI
with the same right to adduce evidence in his defense as provided in Rule
112.
E. Arrest
1. Arrest, how made
ARREST application of actual force, manual touching of the body, physical
restraint or formal declaration of arrest is not required. Arrest includes
submission to the custody of the person making the arrest.
EXECUTION OF WARRANT
The judge issues a warrant of arrest in 2 instances:
(1) Upon the filing of the information by the prosecutor.
In issuing this kind of warrant, the judge does not personally examine
the complainant and the witness he may produce, but he merely
evaluates personally the report and supporting documents and other
evidence adduced during the preliminary investigation and submitted
to him by the prosecutor, and if he finds probable cause on the basis
thereof he issues the warrant for the arrest of the accused.
(2) Upon application of a peace officer.
In this kind of warrant, the judge must personally examine the applicant
and the witness he may produce, to find out whether there exists
probable cause, otherwise the warrant issued is null and void. He must

subject the complainant and the witness to searching questions. The


reason for this is there is yet no evidence on record upon which he may
determine the existence of probable cause.
A warrant of arrest has no expiry date. It remains valid until arrest is
effected or the warrant is lifted.
However, Sec 4 of Rule 113 requires the
head of the office who applied for warrant to execute the same within 10
days from receipt thereof and for the arresting officer assigned to execute the
same to submit, within 10 days from the expiration of the first 10-day period,
a report to the judge who issued the warrant.
2. Arrest without warrant, when lawful
1. In a citizens arrest, the person may be arrested and searched of his
body and of his personal effects or belongings, for dangerous weapons
or anything which may be used as proof of the commission of an
offense, without need of a search warrant.
2. Sec. 5(a) refers to arrest in flagrante delicto while Sec 5(b) refers to hot
pursuit.
3. Sec. 5(b) authorizes warrantless arrest when an offense has in fact just
been committed. The word just implies immediacy in point of time.
4. Delivery of the detained person to the proper judicial authorities means
the filing of the complaint or information with the municipal trial court
or with the inquest fiscal or prosecutor who shall then decide either to
order the release of the detained person or to file the corresponding
information in court.
3. Method of arrest
a. by officer with warrant
Duties of the arresting officer
- execution of warrant [Sec 1, Rule 113]
The head of the office to whom the warrant of arrest was delivered shall
cause the warrant to be execute within ten days from its receipt.
-to make a report to the judge who issued the warrant within ten days after
expiration of the period to execute.
In case of his failure to execute, he shall state the reasons therefore.
- to arrest the accused and deliver him to the nearest police station or jail
without unnecessary delay. [Sec 3, Rule 113]
b. by officer without warrant
- The officer shall inform the person to be arrested of his authority and the
cause of the arrest.
EXCEPTIONS
- The person to be arrested is engaged in the commission of the offense
- He is pursued immediately after its commission
- He escapes, flees or forcibly resists before the officer has the opportunity to
so inform him
- Giving such information will imperil the arrest.
c. by private person

- 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.

As bail is intended to obtain or secure ones provisional liberty, the same


cannot be posted before custody over him has been acquired by the court.
CONDITIONS OF THE BAIL; REQUIREMENTS
1. The suretys liability covers all these 3 stages:
Trial
Promulgation
The execution of the sentence.
Unless the court directs otherwise, the bail bond posted by an accused
remains in force at all stages of the case until its final determination.
2. If the accused presents his notice of appeal, the trial court will order
the accused to be taken into custody in the absence of a new bail bond
on appeal, the ombudsman must produce the accused on the 15 th day
from promulgation of sentence for service of sentence.
*Yap v. Ca and the People (2001) The prohibition against requiring
excessive bail is enshrined in the Constitution. The obvious rationale is that
imposing bail in an excessive amount could render meaningless the right to
bail. The court has wide latitude in fixing amount of bail. Where it fears that
the accused may jump bail, it is certainly not precluded from installing
devices to ensure against the same. Options may include increasing the bail
bond to an appropriate level, or requiring the person to report periodically to
the court and to make an accounting of his movements. Although an increase
in the amount of bail while the case is on appeal may be meritorious, the SC
found that the setting of the amount at P5.5M is unreasonable, excessive,
and constitutes an effective denial of As right to ball.
The Bail Bond Guide, a circular of the Department of Justice for the
guidance of state prosecutors, although technically not binding upon the
court, merits attention, being in a sense an expression of policy of the
Executive Branch, through the DOJ, in the enforcement of criminal laws.
Thus, courts are advised that they must not only be aware but should also
consider the Bail Bond Guide due to its significance in the administration of
criminal justice. This notwithstanding, the Court is not precluded from
imposing in As case an amount higher than P40T (based in the Bail Bond
Guide) where it perceives that an appropriate increase is dictated by the
circumstances.
2. When a matter of right; exceptions
When bail is a matter of right;
Before or after conviction by the MTC
Before conviction, for all offenses punishable by lower than reclusion
perpetua
Prosecution does not have the right to oppose or to present evidence
for its denial.
*People v. Singh, et. al. (2001) In hearing the petition for bail, the
prosecution has the burden of showing that the evidence of guilt is strong
pursuant to 8 rule 114. In bail proceedings, 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 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.

4. Hearing of application for bail in capital offenses


Capital offense: an offense which under the law existing at the time of
commission and of the application for admission to bail is punishable by
death.
Capital nature of the offense is determined by the penalty prescribed by law
and not the one actually imposed.
Evidence of guilt in the Constitution and the Rules refers to a finding of
innocence or culpability, regardless of the modifying circumstances.
Regarding Minors Charged with a Capital Offense
If the person charged with a capital offense, such as murder, admittedly a
minor, which would entitle him, if convicted, to a penalty next lower than that
prescribed by law, he is entitled to bail regardless of whether the evidence of
guilt is strong. The reason for this is that one who faces a probable death
sentence has a particularly strong temptation to flee.
This reason does not hold where the accused has been established without
objection to be minor who by law cannot be sentenced to death.
Duty of judge to conduct hearing
Where the prosecution agrees with the accuseds application for bail or
foregoes the introduction of evidence, the court must nonetheless set the
application for hearing. It is mandatory for the judge to conduct a hearing
and ask searching and clarificatory questions for the purpose of determining
the existence of strong evidence against the accused; and the order, after
such hearing, should make a finding that the evidence against the accused is
strong.
5. Guidelines in fixing amount of bail
a. Financial ability of the accused
b. Nature and circumstances of the offense
c. penalty for the offense charged
d. Character and reputation of the accused
e. Age and health of the accused
f. Probability of the accused appearing at the trial
g. forfeiture of other bail
h. fact that accused was a fugitive from justice when arrested
i. Pendency of other cases where the accused is on bail.
6. Bail when not required
- when a person has been in custody for a period equal to or more than the
possible maximum imprisonment of the offense charged to which he may be
sentenced, he shall be released immediately, without prejudice to the
continuation of the trial thereof or the proceedings on appeal.
- if the maximum penalty is destierro, he shall be released after 30days of
preventive imprisonment.

No bail shall be required in prosecution of offenses covered by the Rule on


Summary Procedure, except:
- when a warrant of arrest was issued for failure of the accused to
appear when so required
- when the accused is a recidivist, a fugitive from justice, charged with
physical injuries, has no known residence.
7. Increase or Reduction of Bail
Court may either increase or reduce the amount of bail.
a. after the accused is admitted to bail
b. upon good cause
Increased bail: Accused may be committed to custody if he does not give bail
in the increased amount within a reasonable period of time.
Reduced bail: Person in custody for a period equal to or more than the
minimum of the principal penalty prescribed for the offense charged may be
released on a reduced bond.
8. Forfeiture and Cancellation of bail
If the accused failed to appear in person as required by the court, bondsmen
are given 30 days within which to:
a. produce the body of the principal or give reason for the non-production.
Bondsmen may:
- arrest the accused;
- cause him to be arrested by a police officer or any other person of
suitable age or discretion upon written authority endorsed on a certified copy
of the undertaking.
b. explain why the accused failed to appear
- if the bondsmen fail to do these, judgment is rendered against them,
jointly and severally, for the amount of the bail.
- bondsmens liability cannot be mitigated or reduced, unless the
accused has been surrendered or is acquitted.
Cancellation of bail
a. upon application of the bondsmen with due notice to the prosecutor, bail
may be cancelled upon surrender of the accused and proof of his death.
b. upon acquittal of the accused
c. upon dismissal of the case
d. upon execution of judgment of conviction.
9. Application not a bar to objections in illegal arrest, lack of or irregular
preliminary investigation
Bail is no longer a waiver of his objections, provided that the proper
objections are timely raised, ie., before accused enters a plea, an application
or an admission to bail shall not bar the accused from challenging or
questioning the:
a. validity of his arrest

b. legality of the arrest warrant


c. regularity of PI
d. absence of PI
The court shall resolve the objections as early as practicable but not later
than the start of the trial of the case.
10. Hold Departure Order & Bureau of Immigration
Watchlist
- bondsmen can prevent accused from leaving country by arresting him or
asking for him to be re-arrested by a police officer upon written authority
- the accused may be prohibited from leaving the country during the
pendency of his case. If the accused released on bail attempts to depart
from the Philippines without the permission of the court where his case is
pending, he may be re-arrested without warrant.
- HDO: may be issued only by the RTCs in criminal cases within their exclusive
jurisdiction.
G. Rights of the Accused
1. Rights of accused at the trial
a. to be presumed innocent
*until the contrary is proved beyond reasonable doubt
-accusation is not synonymous with guilt
b. to be informed of the nature and cause of the accusation
c. to be present and defend in person or by counsel
d. to be present at every stage of the proceedings
e. to counsel
f. to defend in person
g. to testify as witness in his behalf
h. against self-incrimination
i. to confrontation
j. to compulsory process
k.to speedy, impartial and public trial
l. to appeal
2. Rights of persons under Custodial Investigation
a. to be assisted by counsel at all times
b. to be informed, in a language known to and understood by him, of his
rights to remain silent and to have competent and independent counsel
preferably of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial investigation.
c. to be allowed visits by or conferences
H. Arraignment and Plea
1. Arraignment and Plea, how made

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

*SC AO 104-96, i.e., heinous crimes, violations of the Intellectual Property


Rights Law these cases must be tried continuously until terminated within
60 days from commencement of the trial and to be decided within 30 days
from the submission of the case
2. When should plea of NOT GUILTY be entered
Plea of not guilty to be entered for the accused when he either:
* refuses to plead
* makes a qualified plea of guilty
* plea of guilty, but accused presents exculpatory evidence
3. When may accused enter a plea of guilty to a lesser
Offense
* at arraignment, the accused, with the consent of the offended party and
prosecutor, may be allowed by the trial court to plead guilty to a lesser
offense which is necessarily included in the offense charged.
* after arraignment but before trial, the accused may still be allowed to plead
guilty to said lesser offense after withdrawing his plea of not guilty. No
amendment of the complaint or information is necessary.
The new rule provides that the accused may be allowed by the trial court to
plead guilty to a lesser offense which is necessarily included in the offense
charged, and deleted the phrase, regardless of whether or not it is
necessarily included in the crime charged, or is cognizable by a court of
lesser jurisdiction than the trial court.
It should be noted, however that the amendment did not say that an accused
may be allowed to plead to a lesser offense only if the same is necessarily
included in the offense charged. The provision employs the word may,
which is permissive and implies that the court may still allow an accused to
plead guilty to a lesser offense, even if the latter is not included in the
offense charged.
Consent of offended party required:
The consent of the offended party to allowing the accused to plead guilty to a
lesser offense is necessary. It had been held that if the plea of guilty to a
lesser offense is made without the consent of the prosecutor and the
offended party, the conviction of the accused shall not be a bar to another
prosecution for an offense which necessarily includes the offense charged in
the former information.
Change of plea
After the prosecution has rested its case, a change of plea to a lesser offense
may be granted by the judge, with the approval of the prosecutor and the
offended party and only when the prosecution does not have sufficient
evidence to establish the guilt of the crime charged. The judge cannot on its
own granted the change of plea.
4. Accused plead guilty to capital offense, what the
court should do
5. Searching Inquiry

Conviction in a capital offense cannot rest alone on a plea of guilty, a free


and intelligent plea. It is mandatory for the trial court to require the
prosecution to present its evidence and, if the accused so desires, to allow
him to submit his evidence. This is so even if the accused formally manifests
that he waives presentation of evidence by the prosecution.
*People v. Alborida (2001) Rule 116 3 of the Revised Rules on Criminal
Procedure mandates 3 things upon the trial court in cases where a positive
plea is entered by accused: (1) conduct a searching inquiry into the
voluntariness of the plea and the accuseds comprehension of the
consequences thereof; (2) require the prosecution to prove the guilt of the
accused and the precise degree of his culpability; and (3) ask the accused if
he desires to present evidence on his behalf and allow him to do so if he
desires. The questions propounded by the trial court do not constitute a
searching inquiry within the contemplation of the rule.
*People v. Galas (2001) it is not enough to inquire as to the voluntariness
of the plea of guilty. The court must explain fully to the accused that once
convicted, he could be meted out the death penalty. One cannot dispel the
possibility that the accused may have been led to believe that due to his
voluntary plea of guilty, he may be imposed the lesser penalty of reclusion
perpetua and not death.
*People v. Latupan (2001) Where the trial court receives evidence to
determine precisely whether or not the accused erred in admitting his guilt,
the manner in which the plea of significance, for the simple reason that the
conviction is based on the evidence proving the commission by the accused
of the offense charged.
6. Improvident plea
IMPROVIDENT PLEA a plea without proper information as to all the
circumstances affecting it; based upon a mistaken assumption or misleading
information or advice.
GENERAL RULE
Improvident plea should not be accepted. If accepted, it should not be held
to be sufficient to sustain a conviction. Case is remanded to the lower court
for further proceedings.
EXCEPTION
If the accused appears guilty beyond reasonable doubt from evidence
adduced by the prosecution and defense.
*It is a settled rule that where TC receives evidence to determine whether the
accused has erred in admitting his guilt, the manner in which the plea is

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

Order granting MTQ


Final Order
Immediately appealable but subject
to rules on double jeopardy
Disposes of the case upon its merits
Proper remedy: appeal the order

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.

Kinds of double jeopardy


a. no person shall be put twice in jeopardy for the same offense.
b. when an act punished by a law and an ordinance, conviction or acquittal
under either shall be a bar to another prosecution to another prosecution for
the same act.
Same offense
- the offense are penalized either by different sections of the same law or by
different statutes.
- must examine the essential elements of each:
TEST: WON evidence that proves one offense would likewise prove the
other.
- it is not necessary to have absolute identity.
Same act
- an offense penalized by ordinance is, by definition, different from an offense
penalized under a statute. Hence, they would never constitute double
jeopardy. However, the second sentence of the constitutional protection was
precisely intended to extend to situations not covered by the first sentence.
Although the prior offense charged under a national statute, the
constitutional protection is available provided that both arise from the same
act or set of acts.
- liability is produced both under an ordinance and a national statute.
Requisites for 1st jeopardy to attach
1. a valid complaint or information [sufficient in form and substance to
sustain a conviction]
2. the court had jurisdiction
3. a valid arraignment
4. a valid plea
Dismissal
Does not decide the case on the
merits.
Does
not
determine
innocence or guilt

Acquittal
Always
based
on
the
merits.
Defendant is acquitted because his
guilt
wasnt
proven
beyond
reasonable doubt.
Double jeopardy always attaches

Double jeopardy will not always


attach.
1. first jeopardy must have attached.
2. first jeopardy must have terminated
3. second jeopardy must be for the same offense or the second offense
necessarily includes or is necessarily included in the offense charged in the
first information or is an attempt or frustration thereof.

6. Provisional Dismissal a case is dismissed without prejudice to its being


refilled or revived.
GENERAL RULE
Cases are provisionally dismissed where there has already been arraignment
and accused consented to a provisional dismissal.
EXCEPTION

If dismissal was due to a demurrer to evidence.


a. when dismissal becomes permanent
- 1 year after issuance of the order without the case having been revived or
offenses punishable.
1. by imprisonment
2. by fine or any amount
3. by both
- 2 years after issuance of the order without the case having been revived for
offense punishable by imprisonment of more than 6 years
J. Pre-trial
1. Matters to be considered during pre-trial
1. Plea-bargaining
2. Stipulation of facts
3. Marking for identification of evidence
4. Waiver of objections to admissibility of evidence
5. Modification of the order of trial if the accused admits the charge but
interposes a lawful defense
6. other matters that will promote a fair and expeditious trial of the civil and
criminal aspects of the case.
2. What the court should do when prosecution and offended party agree to
the plea offered by the accused
Form
GENERAL RULE
Court approval is required.
EXCEPTION
Agreements not covering matters referred to in Rule 118, Sec. 1
Required form of pre-trial agreements
1. must be in writing
2. signed by the accused
3. signed by counsel
3. Pre-trial agreement
The court shall order pre-trial in all criminal cases cognizable by the
Sandiganbayan, RTC and MTC or MTCC or MCTC or MeTC.
GENERAL RULE
After arraignment and within 30days from the time the court acquires
jurisdiction over the person of the accused.
EXCEPTION
If a shorter period is provided by special or SC circulars.
4. Non-appearance during pre-trial
- if counsel for the accused or the prosecutor does not appear at the pre-trial
conference and does not offer an acceptable excuse, the court may impose
proper sanctions or penalties

- Rationale: to enforce the mandatory requirement of pre-trial in criminal


cases
- accused is not included because his constitutional right to remain silent may
be violated.
5. Pre-trial order
When issued
- issued by the court after the pre-trial conference
- judgment of the acquittal based on pre-trial despite disputed documents
and issues of fact amounts to grave error and renders the judgment void.
6. Referral of some cases for Court Annexed Mediation and Judicial Dispute
Resolution
A.M. No. 03-1-09-SC
RE: Proposed Rule on Guidelines to be observed by trial court judges and
clerks of court in the conduct of pre-trial and use of deposition-discovery
measures resolution
Criminal Cases
After arraignment, the court shall forthwith set the pre-trial conference within
thirty days from the date of arraignment, and issue and order:
a. requiring the private offended party to appear thereat for purposes of pleabargaining except for violations of the Comprehensive Dangerous Drugs Act
of 2002 and for other matters requiring his presence
b. referring the case to the branch coc, if warranted, for a preliminary
conference to be set at least three days prior to the pre-trial to mark the
documents or exhibits to be presented by the parties and copies thereof to be
attached to the records after comparison and to consider other matters as
may aid in its prompt disposition
c. informing the parties that no evidence shall be allowed to be presented
and offered during the trial other than those identified and marked during the
pre-trial except when allowed by the court for good cause shown. In
mediation cases, the judge shall refer the parties and their counsel to the
PMC unit for purposes of mediation if available.
K. Trial
1. Instances when presence of accused is required by law
Presence mandatory:
a. for purposes of identification
b. at arraignment
c. at the promulgation of judgment [exception: if conviction is for light
offense]
d. Rule 119, Sec 15
2. Requisite before trial can be suspended on account of absence of witness
Absence of unavailability of an essential witness
- absent means that his whereabouts are unknown or cannot be determined
by due diligence

- 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

Dismissal with prejudice


Adjudication on the merits, and final
disposition, barring the right to bring
or maintain an action on the same
claim or cause
Is res judicata as to every matter
litigated

entirely new and different from the


case which was dismissed.
5. Requisites for discharge of accused to become a state witness
Discharge of a co-accused
GENERAL RULE
It is the duty of the prosecutor to include all the accused in the
complaint/information.
EXCEPTION
Prosecutor may ask the court to discharge one of them after complying with
the conditions prescribed by law.
This applies only when the information has already been filed in court.
Requisites
1. two or more persons are jointly charged with the commission of any
offense.
2. Petition for discharge is filed before the defense has offered its
evidence.
3. Hearing in support of the discharge.
- Prosecution to present evidence
- Sworn statement of each proposed state witness
4. The court is satisfied of the following:
- absolute necessity for the testimony
- there is no other direct evidence available for the proper prosecution
of the offense, except the testimony.
- the testimony can be substantially corroborated in its material points
- accused has not at any time, been convicted of any offense involving
moral turpitude.
- accused does not appear to be the most guilty
6. Effects of Discharge of accused as state witness
GENERAL RULE
The order of discharge shall:
1. amount to an acquittal of the discharged accused
2. bar future prosecutions for the same offense
EXCEPTION: if the accused fails/refuses to testify against his coaccused in accordance with his sworn statement constituting the basis
for his discharge.
Any error in asking for and in granting the discharge cannot deprive the
discharged of the acquittal and the constitutional guaranty against double
jeopardy.
Subsequent amendment of the information does not affect discharge.
7. Demurrer to Evidence
Definition: objection by one of the parties to the effect that the evidence
which his adversary produced is insufficient in point of law, whether true or
not, to make out a case or sustain the issue.
How initiated
- court motu proprio, after giving the prosecution, the opportunity to eb heard

- upon demurrer to evidence by the accused


- with leave of court
- without leave of court
Motion for leave to file demurrer
- must specifically state its grounds
- must be filed within a non-extendible period of 5 days after the prosecution
rests. Prosecution may then oppose within a non-extendible period of 5 days
from receipt.
- if leave of court granted, demurrer must be filed within a non-extendible
period of 10 days from notice. Prosecution may oppose within a similar
period from its receipt.
Effect of granting motion for leave to file demurrer
- court may dismiss the action on the ground of insufficiency of evidence.
- sufficient evidence for frustrating a demurrer is evidence that proves:
1. commission
2. precise degree of participation
Effect
of
denial
of
motion
for
leave
to
file
demurrer
- order denying the motion for leave or oder denying the demurrer itself, is
not reviewable by appeal or by certiorari before judgment.
- it is interlocutory, but it may be assigned as error and reviewed in the
appeal that may be taken from the decision on the merits..
Rights of the accused to present evidence after demurrer is denied.
Filed with leave of court
Filed without leave of court
May adduce evidence in his defense
Waives the right to present evidence
Purpose of obtaining leave of court. Submits the case for judgment on the
To determine WON demurrer was filed basis of the evidence for the
merely to stall the proceedings
prosecution
L. Judgment
1. Requisites of a judgment
Form [Rule 120, Sec 1]
- written in official language
- personally and directly prepared by the judged
- contains clearly and distinctly a statement of facts proved and the law upon
which judgment is based
*judge who penned the decision need not be the one who heard the case
2.
1.
2.
3.
4.

Contents of Judgment
legal qualification of the offense
participation
penalty
civil liability, if any

Conviction
The judgment of conviction shall state:

1. the legal qualification of the offense constituted by the acts committed


by the accused and the aggravating/mitigating circumstances which
attended its commission.
2. The participation of the accused in the offense, whether as principal,
accomplice or accessory after the fact.
3. Penalty should not be imposed in the alternative. There should be no
doubt as to the offense committed and the penalty for it.
4. The civil liability or damages caused by his wrongful act/omission to be
recovered from the accused by the offended party, if there is any,
unless the enforcement of the civil liability by a separate civil action
has been reserved/waived.
Judgment for two or more offenses
GENERAL RULE
Complaint/information must charge only one offense.
EXCEPTION
Cases in which existing laws prescribe a single punishment for various
offenses.
GENERAL RULE
Duplicitous information is subject to a motion to quash.
EXCEPTION
Defect is waived when accused fails to move for the quashal.
Thus, where the accused fails to object to 2 or more offenses charged in a
single information/complaint before trial, the court may:
1. convict him of as many offenses as are charged and proved
[exception: one of the offenses has been a necessary means for
committing the other offense and where both have been the result
of a single act]; and
2. impose on him the penalty for each offense, setting out separately
the findings of fact and law in each offense. [exception: maximum
duration of offense: follow the three-fold rule on the service of
penalty]
Judgment in case of variance between allegation and proof
GENERAL RULE
The defendant can be convicted only of the crime with which he is charged.
However, minor variance between the information and the evidence does not
alter the nature of the offense, does not determine or qualify the crime or
penalty and cannot be ground for acquittal.
EXCEPTION
He can be convicted of an offense proved provided it is included in the
charge, or of an offense charged which is included in that which is proved.
*the accused can be convicted of an offense only when it is both charged and
proven.
*the mere fact that the evidence presented would indicate that a lesser
offense outside the courts jurisdiction was committed does not deprive the
court of its jurisdiction, which had vested in it under the allegations in the
information.

EXCEPTION TO THE EXCEPTION


Where there are facts that supervened after the filing of the information
which change the nature of the offense.
Acquittal
Definition: a finding not guilty based on the merits, either:
- the evidence does not show that his guilt is beyond reasonable doubt, or
- a dismissal of the case after the prosecution has rested its case and upon
motion of the accused on the ground that the evidence fails to show beyond
doubt that accused is guilty.
Reasonable doubt doubt engendered by an investigation of the whole proof
and an inability, after such investigation, to let the mind rest upon the
certainty of guilt.
Judgment shall state whether:
1. the evidence of the prosecution absolutely failed to prove the guilt of
the accused; or
2. it merely failed to prove his guilt beyond reasonable doubt.
GENERAL RULE
The court has authority to express disapproval of certain acts even if
judgment is for acquittal.
EXCEPTION
The court is not permitted to censure the accused in a judgment for acquittal
no matter how light, a censure is still a punishment.
No court has the power to mete out punishment. A finding of guilt must
precede the punishment.
This reprehension, however, must be relevant to the issue in the case. It
irrelevant/impertinent, they should be stricken out or expunged from the
record like any other extraneous matters.
Acquittal based on reasonable ground does not bar a separate civil action
based on quasi-delict.
Court may hold accused civilly liable even when it acquits him,
3. Promulgation of judgment; instances of promulgation of judgment in
absentia
1. The judgment is promulgated by reading it in the presence of the accused
and any judge of the court in which it was rendered. However, if the
conviction is for a light offense, the judgment may be pronounced in the
presence of his counsel or representative. When the judge is absent or
outside the province or city, the judgment may be promulgated by the clerk
of court.
If the accused is confined or detained in another province or city, the
judgment may be promulgated by the executive judge of the Regional Trial
Court having jurisdiction over the place of confinement or detention upon
request of the court which rendered the judgment. The court promulgating
the judgment shall have authority to accept the notice of appeal and to
approve the bail bond pending appeal; provided, that if the decision of the
trial court convicting the accused changed the nature of the offense from

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

reconsideration within which to file a notice to appeal. This new period


becomes significant if either a motion for reconsideration or a motion for new
trial has been filed but was denied or dismissed. This fresh period rule applies
only to Rule 41 governing appeals from the RTC but also to Rule 40 governing
appeals from MTC to RTC, Rule 42 on petitions for review from the RTC to the
CA, Rule 43 on appeal from quasi-judicial agencies to the CA, and Rule 45
governing appeals by certiorari to the SC. Accordingly, this rule was adopted
to standardize the appeal periods provided in the Rules to afford fair
opportunity to review the case and, in the process, minimize errors of
judgment. Obviously, the new 15 day period may be availed of only if either
motion is filed; otherwise, the decision becomes final and executory after the
lapse of the original appeal period provided in Rule 41 (Neypes vs. CA, GR
141524, Sept. 14, 2005). The Neypes ruling shall not be applied where no
motion for new trial or
motion for reconsideration has been filed in which case the 15-day period
shall run from notice of the judgment.
2. The fresh period rule does not refer to the period within which to appeal
from the order denying the motion for new trial because the order is not
appealable under Sec. 9, Rule 37. The non-appealability of the order of denial
is also confirmed by Sec. 1(a), Rule 41, which provides that no appeal may be
taken from an order denying a motion for new trial or a motion for
reconsideration
N. Appeal
1. Effect of an Appeal
An appeal opens the whole case for review and this includes the review of the
penalty, indemnity and the damages involved (Quemuel vs. CA, 22 SCRA 44).
1. Upon perfection of the appeal, the execution of the judgment or order
appealed from is stayed as to the appealing party (Sec. 11[c]). The civil
appeal of the offended party does not affect the criminal aspect of the
judgment or order appealed from.
2. Upon perfection of the appeal, the trial court loses jurisdiction over the
case (Syquia vs. Concepcion, 60 Phil. 186), except:
a. To issue orders for the protection and preservation of the rights of the
parties which do not involve any matter litigated by the appeal;
b. To approve compromises offered by the parties prior to the transmission of
the records on appeal to the appellate court (Sec. 9, Rule 41).
2. Where to appeal
The appeal may be taken as follows:
a. To the Regional Trial Court, in cases decided by the Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial
Court;
b. To the Court of Appeals or to the Supreme Court in the proper cases
provided by law, in cases decided by the Regional Trial Court; and
c. To the Supreme Court, in cases decided by the Court of Appeals (Sec. 2).

3. How appeal taken


*under Sec. 3, Rule 122:
a. The appeal to the Regional Trial Court, or to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of its original jurisdiction,
shall be taken by filing a notice of appeal with the court which rendered the
judgment or final order appealed from and by serving a copy thereof upon
the adverse party.
b. The appeal to the Court of Appeals in cases decided by the Regional Trial
Court in the exercise of its appellate jurisdiction shall be by petition for review
under Rule 42.
c. The appeal to the Supreme Court in cases where the penalty imposed by
the Regional Trial Court is reclusion perpetua, or life imprisonment, or where
a lesser penalty is imposed but for offenses committed on the same occasion
or which arose out of the same occurrence that gave rise to the more serious
offense for which the penalty of death, reclusion perpetua, or life
imprisonment is imposed, shall be by filing a notice of appeal in accordance
with paragraph (a) of this section.
d. No notice of appeal is necessary in cases where the death penalty is
imposed by the Regional Trial Court. The same shall be automatically
reviewed by the Supreme Court as provided in section 10 of this Rule.
Except as provided in the last paragraph of section 13, Rule 124, all other
appeals to the Supreme Court shall be by petition for review on certiorari
under Rule 45.
4. Effect of appeal by any of several accused
*under Sec. 11, Rule 122:
a. An appeal taken by one or more of several accused shall not affect those
who did not appeal, except insofar as the judgment of the appellate court is
favorable and applicable to the latter.
b. The appeal of the offended party from the civil aspect shall not affect the
criminal aspect of the judgment or order appealed from.
c. Upon perfection of the appeal, the execution of the judgment or final order
appealed from shall be stayed as to the appealing party.
5. Grounds for dismissal of appeal
The court, however, may dismiss the petition if it finds the same to be:
a. Patently without merit;
b. Prosecuted manifestly for delay; or
c.The questions raised therein are too unsubstantial to require consideration
(Sec. 8, Rule 65).
O. Search and Seizure
1. Nature of search warrant
1. The constitutional right against unreasonable search and seizure refers to
the immunity of ones person, whether a citizen or alien, from interference by
government, included in whish is his residence, his papers and other

possession (Villanueva vs. Querubin, 48 SCRA 345). The overriding function of


the constitutional guarantee is to protect personal privacy and human dignity
against unwarranted intrusion by the State. It is deference to ones
personality that lies at the core of his right, but it could also be looked upon
as a recognition of a constitutionally protected area primarily ones house,
but not necessarily thereto confined. What is sought to be guarded is a mans
prerogative to choose who is allowed entry to his residence. In that haven of
refuge, his individuality can assert itself not only in the choice of who shall be
welcome but likewise in the kind of objects he wants around him. Thus is
outlawed any unwarranted intrusion by government, which is called upon to
refrain from any intrusion of his dwelling and to respect the privacies of his
life (Schmerber vs. California, 384 US 757).
2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the
judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized (Sec. 2, Art. III, Constitution).
2. Distinguish from warrant of arrest
Search Warrant
A search warrant is an order in
writing issued in the name of the
People of the Philippines, signed by a
judge and directed to a peace officer,
commanding him to search for
personal property described therein
and bring it before the court (Sec. 1,
Rule 126).
Requisites:
A search warrant shall not issue
except upon probable cause in
connection with one specific offense
to be determined personally by the
judge after examination under oath
or affirmation of the complainant and
the witness he may produce, and
particularly describing the place to be
searched and the things to be seized
which may be anywhere in the
Philippines (Sec. 4, Rule 126).

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).

Requisites for arrest warrant issued


by RTC judge under Sec. 5, Rule 112:
(a) Within 10 days from the filing of
the complaint or information
(b) The judge shall personally
evaluate the resolution of the
prosecutor
and
its
supporting
evidence.
(c) If he finds probable cause, he shall
issue a warrant of arrest
(d) In case of doubt on the existence
of probable cause
1) The judge may order the
prosecutor to present additional
evidence within 5 days from notice;
and
2) The issue must be resolved by the
court within 30 days from the filing of
the complaint of information

Search or seizure without warrant,


when lawful:
(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 (in times of war and
within the area of military operation)

Arrest without warrant, when lawful:


(a) When, in his presence, the person
to be arrested has committed, is
actually committing, or is attempting
to commit an offense;
(b) When an offense has just been
committed and he has probable
cause to believe based on personal
knowledge of facts or circumstances
that the person to be arrested has
committed it; and
(c) When the person to be arrested is
a prisoner who has escaped from a
penal establishment or place where
he is serving final judgment or is
temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to
another (Sec. 5, Rule 113).

3. Application for search warrant, where filed


An application for search warrant shall be filed with the following:
a. Any court within whose territorial jurisdiction a crime was committed.
b. For compelling reasons stated in the application, any court within the
judicial region where the crime was committed if the place of the commission
of the crime is known, or any court within the judicial region where the
warrant shall be enforced.
However, if the criminal action has already been filed, the application shall
only be made in the court where the criminal action is pending (Sec, 2).
4. Probable Cause
1. Probable cause is defined as such facts and circumstances which could
lead a reasonably discreet and prudent man to believe that an offense has
been committed and that the objects sought in connection with the offense
are in the place sought to be searched (20th Century Fox Film Corp. vs. CA,
GR 76649-51, 08/19/88). Although probable cause eludes exact and concrete
definition, it generally signifies a reasonable ground of suspicion supported
by circumstances sufficiently strong in themselves to warrant a cautious man
to believe that a person accused is guilty of the offense with which he is
charged (People vs. Aruta, 288 SCRA 626).
2. Requisites for issuing search warrant. A search warrant shall not issue
except upon probable cause in connection with one specific offense to be
determined personally by the judge after examination under oath or
affirmation of the complainant and the witness he may produce, and
particularly describing the place to be searched and the things to be seized
which may be anywhere in the Philippines (Sec. 4).
3. Issuance and form of search warrant. If the judge is satisfied of the
existence of facts upon which the application is based or that there is
probable cause to believe that they exist, he shall issue the warrant, which
must be substantially in the form prescribed by these Rules (Sec. 6).
5. Personal examination by judge of the applicant and witnesses
The judge must, before issuing the warrant, personally examine in the form of
searching questions and answers, in writing and under oath, the complainant
and the witnesses he may produce on facts personally known to them and
attach to the record their sworn statements, together with the affidavits
submitted (Sec. 5)
6. Particularity of place to be searched and things to be seized
1. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the
judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized (Sec. 2, Art. III, Constitution).

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

2. Scope of the Rules of Evidence


Rule 128, Sec. 2. Scope. - The rules of evidence shall be the same in all
Rule 128,
Scope.
The rulesexcept
of evidence
shall be the
same inbyalllaw
courts
courts
and Sec.
in all2.trials
and -hearings,
as otherwise
provided
or
and inrules.
all trials and hearings, except as otherwise provided by law or these rules.
these
The rules of evidence in the Rules of Court are guided by the principle
of uniformity.
3. Evidence in Civil Cases versus Evidence in Criminal Cases
CIVIL CASES

CRIMINAL CASES

The party having the burden of proof


must
prove
his
claim
by
a
preponderance of evidence (Sec. 1,
Rule 133, Rules of Court)
An offer of compromise is not an
admission of any liability, and is not
admissible in evidence against the
offeror (Sec. 27, Rule 130, RoC)

The guilt of the accused has to be


proven beyond reasonable doubt (Sec.
2, Rule 133, RoC)

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.

Except those involving quasi-offenses


(criminal negligence) or those allowed
by law to be compromised, an offer of
compromise by the accused may be
received
in
evidence
as
implied
admission of guilt (Sec. 27, Rule 130,
RoC)
The accused enjoys the constitutional
presumption of innocence (Sec. 14,
Art.
III,
Constitution
of
the
Philippines)

4. Proof versus Evidence


Proof

Evidence

Probative effect of evidence and is


the conviction or persuasion of the
mind resulting from a consideration
of the evidence
End result

Medium or means by which a fact is


proved or disproved
Means to the end

5. Factum Probans versus Factum Probandum


Factum probandum the ultimate fact sought to be established;
proposition to be established, hypothetical, and that which one party
affirms and the other denies
Factum probans the evidentiary fact by which the factum probandum
is to be established; material evidencing the proposition, existent, and
offered for the consideration of the tribunal
Factum Probandum

Factum Probans

Proposition to be established
Conceived of as hypothetical; that
which one party affirms and the
other denies

Material evidencing the proposition


Conceived of for practical purposes as
existent, and is offered as such for the
consideration of the court

6. Admissibility of Evidence
a. Requisites for admissibility of evidence

Rule 128, Sec. 3. Admissibility of evidence. - Evidence is admissible when it


is relevant to the issue and is not excluded by the law or these rules.
For evidence to be admissible, two elements must concur, namely:
The evidence is relevant, and

The evidence is not excluded by the rules (competent)

b. Relevance of evidence and collateral matters

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.

Relevance relation to the facts in issue as to induce belief in its


existence or non-existence
Evidence to be relevant must have such a relation to the fact in
issue as to induce belief in its existence or non-existence.
TEST OF RELEVANCE: logic and common sense
Evidence on collateral matters allowed only when it tends in any
reasonable degree to establish the probability or improbability of the
fact in issue.
A matter is collateral when it is on a parallel or diverging line,
merely additional or auxiliary (Blacks Law Dictionary, 5 th Edition,
237); an absence of a direct connection between the evidence and the
matter in dispute.
Ex. Motive of a person and in some instances, his reputation
c. Multiple admissibility
When a proffered evidence is admissible for two or more purposes
Example: Depending upon the circumstances, the declaration of a dying
person may be admissible for several purposes- as a dying declaration
(Sec. 37, Rule 130), as part of res gestae (Sec. 42, Rule 130) or as a
declaration against interest (Sec. 38, Rule 130).
d. Conditional admissibility
When the relevance of a piece of evidence is not apparent at the time
it is offered, but the relevance of which will readily be seen when
connected to other pieces of evidence not yet offered, the proponent of
the evidence may ask that the evidence be conditionally admitted
in the meantime subject to the condition that he is going to
establish its relevancy and competency at a later time.
If the connection is not shown as promised, the court may, upon
motion of the adverse party, strike out form the record the evidence
that was previously conditionally admitted.
e. Curative admissibility
The doctrine of curative admissibility allows a party to introduce
otherwise inadmissible evidence if it would remove any unfair
prejudice caused by the admission of the earlier inadmissible evidence.

Thus, a party who first introduces either irrelevant or incompetent


evidence into the trial cannot complain of the subsequent admission of
similar evidence from the adverse party relating to the same subject
matter.
f.

Direct and circumstantial evidence

Direct Evidence

Circumstantial Evidence

Means evidence which if believed,


proves the existence of a fact in
issue
without
inference
or
presumption.
Proves a fact without the need to
make an inference from another.

Evidence that indirectly proves a fact in


issue through an inference which the
fact finder draws from the evidence
established.
A fact is established by making an
inference from a previously established
fact

In a criminal case, circumstantial evidence may be sufficient for


conviction provided the following requisites concur:

There is more than one circumstance;

The facts from which the inference are derived are proven; and

The combination of all the circumstances is such as to produce a


conviction beyond reasonable doubt.

g. Positive and negative evidence


Positive- when a witness affirms in the stand that a certain state of
facts does exist or that a certain event happened.
Negative- when the witness states that an event did not occur or that
the state of facts alleged to exist does not actually exist.
h. Competent and credible evidence

Rule 128, Sec. 3. Admissibility of evidence. - Evidence is admissible when it


is relevant to the issue and is not excluded by the law or these rules.
Competence not excluded by the law or the RoC
TEST OF COMPETENCE: law or the rules

Competence, in general, refers to the eligibility of an evidence to be


received as such.
However, when applied to a witness, the term competent refers to the
qualifications of the witness.
7. Burden of Proof and Burden of Evidence

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

In criminal cases, a negative fact must be proven of it is an


essential element of the crime.
*People v. Macagaling in a charge of illegal possession of firearms, the
burden is on the prosecution to prove that the accused had no license to
possess the same.
*People v. Manalo in a charge for selling regulated drugs without
authority, it was held that although the prosecution has the burden of
proving a negative averment which is an essential element of the crime
(i.e. lack of license to sell), the prosecution, in view of the difficulty of
proving a negative allegation, need only establish a prima facie case from
the best evidence obtainable. In this case, the lack of license was held to
have been established by the circumstances that the sale of the drug was
consummated not in a drug store or hospital, and that it was made at
10:00 PM.
8. Presumptions
An assumption of fact resulting from a rule of law which requires
such fact to be assumed from another fact or group of facts found
or otherwise established in the action (Blacks Law Dictionary, 5 th
Ed., 1067)
Not evidence but merely affect the burden of offering evidence
Presumptions of law
a. May be conclusive or absolute , or disputable or rebuttable
b. A certain inference must be made whenever the facts appear which
furnish the basis of the inference
c. Reduced to fix rules and form a part of the system of jurisprudence
Presumptions of facts
a. A discretion is vested in the tribunal as to drawing the inference
b. Derived wholly and directly from the circs of the particular case by
means of the commo0n experience of mankind
a. Conclusive Presumptions

Rule 131, Sec. 2. Conclusive presumptions. The following are instances


of conclusive presumptions:
(a) Whenever a party has, by his own declaration, act, or omission,
intentionally and deliberately led another to believe a particular thing true, and
to act upon such belief, he cannot, in any litigation arising out of such
declaration, act or omission, be permitted to falsify it:
(b) The tenant is not permitted to deny the title of his landlord at the time of the
commencement of the relation of landlord and tenant between them.
A presumption is conclusive when the presumption becomes
irrebuttable upon the presentation of the evidence and any
evidence tending to rebut the presumption is not admissible.
Based on the doctrine of estoppels
b. Disputable presumptions

Rule 131, Sec. 3. Disputable presumptions. The following presumptions are


satisfactory if uncontradicted, but may be contradicted and overcome by other
evidence:
(a) That a person is innocent of crime or wrong;
(b) That an unlawful act was done with an unlawful intent;
(c) That a person intends the ordinary consequences of his voluntary act;
(d) That a person takes ordinary care of his concerns;
(t) That evidence
an indorsement
a negotiable
instrument
was made
before the instrument
(e)
willfullyofsuppressed
would
be adverse
if produced;
was
overdue
theone
place
where the
dated;
(f)
That
moneyand
paidatby
to another
wasinstrument
due to theislatter;
(u)
That
a
writing
is
truly
dated;
(g) That a thing delivered by one to another belonged to the latter;
(v)That
Thatan
a letter
duly directed
was received
in the
regular course of the
(h)
obligation
deliveredand
up mailed
to the debtor
has been
paid;
mail;
(i) That prior rents or installments had been paid when a receipt for the later
(w) That
after an absence of seven years, it being unknown whether or not the
ones
is produced;
absentee
still lives,
he is
for alltaken
purposes,
(j) That a person
found
in considered
possession dead
of a thing
in the except
doing offora those
recentof
succession.
wrongful
act is the taker and the doer of the whole act; otherwise, that things
The absentee
not be considered
the purposeover,
of opening
his by
which
a personshall
possesses,
or exercisesdead
actsfor
of ownership
are owned
succession till after an absence of ten years. If he disappeared after the age of
him;
seventy-five
years,
an absence of
of an
fiveorder
yearsonshall
be sufficient
in orderof
that
(k)
That a person
in possession
himself
for the payment
thehis
succession
may
be
opened.
money, or the delivery of anything, has paid the money or delivered the thing
The following shall be considered dead for all purposes including the division of the
accordingly;
estate
theacting
heirs: in a public office was regularly appointed or elected to
(1)
Thatamong
a person
it;(1) A person on board a vessel lost during a sea voyage, or an aircraft which is
missing,
who has
nothas
been
heard
of for performed;
four years since the loss of the vessel or
(m)
That official
duty
been
regularly
aircraft;
(n)
That a court, or judge acting as such, whether in the Philippines or
(2)
A member
the armed
has taken
part in armed hostilities, and has
elsewhere,
wasofacting
in theforces
lawful who
exercise
of jurisdiction;
been
missing
four years;
(o)
That
all the for
matters
within an issue raised in a case were laid before the
(3) A and
person
who upon
has been
danger
death under
other
circumstances
and whose
court
passed
by it;inand
in likeofmanner
that all
matters
within an issue
existence
has
not
been
known
for
four
years;
raised in a dispute submitted for arbitration were laid before the arbitrators and
(4) If a married
passed
upon by person
them; has been absent for four consecutive years, the spouse
present
may
contract
a subsequent
marriage
if he
or she has a well-founded belief
(p) That private transactions
have been
fair and
regular;
thatThat
the the
absent
spouse
is already
dead. has
In case
disappearance, where there is
(q)
ordinary
course
of business
beenoffollowed;
danger
of
death
under
the
circumstances
hereinabove
provided, an abse nce of only
(r) That there was a sufficient consideration for a contract;
twoThat
years
shall be sufficient
for the
contracting
subsequent marriage.
(s)
a negotiable
instrument
waspurpose
given orofindorsed
for aasufficient
However,
in
any
case,
before
marrying
again,
the
spouse
present
must institute a
consideration;
summary proceeding as provided in the Family Code and in the rules for a
declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.
(x) That acquiescence resulted from a belief that the thing acquiesced in was
conformable to the law or fact;
(y) That things have happened according to the ordinary course of nature and the
ordinary habits of life;
(z) That persons acting as copartners have entered into a contract of copartnership;

(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.

More than one circumstance


Facts from which inferences are derived are proven
Combination of all circumstances such as to produce
conviction beyond reasonable doubt

b. Preponderance of Evidence

Rule 133, Sec. 1. Preponderance of evidence, how determined. In civil


cases, the party having the burden of proof must establish his case by a
preponderance of evidence.
c. Substantial Evidence

Rule 133, Sec. 5. Substantial evidence. In cases filed before administrative


or quasi-judicial bodies, a fact may be deemed established if it is supported by
substantial evidence, or that amount of relevant evidence which a reasonable
mind might accept as adequate to justify a conclusion.
d. Clear and Convincing Evidence
B. Judicial Notice and Admissions
1. What need not be proved {NAPITAS}

Matters of judicial notice


Judicial admissions
Facts presumed
Allegations in complaint or answer which are immaterial to the issue
Facts admitted or not denied in the answer, provided they have been
sufficiently alleged
Those which are the subject of an agreed stipulation of facts between
the parties, as well as judicial admissions made in the course of the
proceedings
Technical admission when defendant fails to specifically deny the
allegations of plaintiff
DOCTRINE OF PROCESSUAL PRESUMPTION Absent any evidence or
admission, the foreign law in question is presumed to be the same as that in
the Philippines.
2. Matters of Judicial Notice
a. Mandatory

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

Admiralty and maritime maritime courts and seals

Philippine political constitution and history]

Official acts

Court cannot take judicial notice of a law or


regulation that is not yet effective

Decisions of SC are proper subjects of mandatory


judicial notice

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.

Matters which are of public knowledge


Common and general knowledge
Indisputable
Matters capable of unquestionable demonstration
Ought to be known by judges because of their judicial functions
Newspaper reports not subject to judicial notice
Courts cannot take judicial notice of custom.
o Custom must be proved as a matter of fact.
Pardon is granted by the Chief Executive and as such is a private act
which must be pleaded and proved by the person pardoned.

3. Judicial Admissions

Rule 129, Sec. 4.


Judicial admissions. - An admission, verbal or written,
made by a party in the course of the proceedings in the same case, does not
require proof. The admission may be contradicted only by showing that it was
made through palpable mistake or that no such admission was made.
a.

Effect of judicial admissions

Does not require proof


Admissions made in a pleading later amended : lose their status as
judicial admissions; become merely extra-judicial admissions which
must be offered.
A stipulation made during a criminal proceeding is tantamount to a
judicial admission and need not be signed as required to be binding
on the accused.
A court cannot take judicial notice of an admission made by a party in
another case even if the latter case is pending before the same sala
or judge,
Except:
a. In the absence of objection;
b. With knowledge or upon request of the parties;
c. It is part of the records.
b.
-

How judicial admissions may be contradicted

May only be contradicted by showing that:


Made through palpable mistake; or
No such admission was made.

4. Judicial notice of foreign laws, law of nations and municipal ordinance


C. Object (Real Evidence)
1. Nature of Object Evidence

Rule 130, Sec. 1. Object as evidence. Objects as evidence are those


addressed to the senses of the court. When an object is relevant to the fact in
issue, it may be exhibited to, examined or viewed by the court.
Real thing itself
Appeals directly to the senses of the Court
2. Requisites of Admissibility
(a) The evidence must be relevant;
(b) The evidence must be authenticated;
(c) The authentication must be made by a competent witness; and

(d) The object must be formally offered in evidence.


3. Categories of Object Evidence
(a) Objects that have readily identifiable marks (unique objects)
(b) Objects that are made readily identifiable (objects made unique)
(c) Objects with no identifying marks and cannot be marked (non-unique
objects)
4. Demonstrative Evidence
Is not the actual thing but it is referred to as demonstrative
because it represents or demonstrates the real thing
Not strictly real evidence because it is not the very thing involved
in the case
Examples: a map, a diagram, a photograph and a model
Admissibility depends on laying the proper foundation for the
evidence: Does the evidence sufficiently and accurately represent
the object it seeks to demonstrate or represent?
5. View of an Object or Scene
viewgoing out of the courtroom to observe places and objects
Under Sec. 1 of Rule 130, when an object is relevant to the fact in
issue, it may be exhibited to, examined or viewed by the court.
An inspection or view outside the courtroom outside the courtroom
should be made in the presence of the parties or at least with
previous notice to them.
6. Chain of Custody in Relation to Section 21 of the Comprehensive
Dangerous Drugs Act of 2002
Chain of Custody- means the duly recorded authorized movements
and custody of seized drugs or controlled chemicals or plant sources
of dangerous drugs or laboratory equipment of each stage, from the
time of seizure/confiscation to receipt in the forensic laboratory to
safekeeping to presentation in court for destruction (Section 1(b) of
the Dangerous Drugs Board Regulation No. 1, Series of 2002 (in
relation to Sec. 81[b] of R.A. 9165) ).
Section 21, paragraph 1, Article II of R.A. No. 9165: The apprehending
team having initial custody and control of the drugs shall, immediately after
seizure and confiscation, physically inventory and photograph the same in the
presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a
representative from the media and the Department of Justice (DOJ), and any
elected public official who shall be required to sign the copies of the inventory
and be given a copy thereof.

The chain of custody requirement performs the function of ensuring


that the integrity and evidentiary value of the seized items are
preserved, so much so that unnecessary doubts as to the identity of
the evidence are removed (People vs. Rivera, G.R. No. 182347,
October 17, 2008).
To be admissible, the prosecution must show by records or testimony,
the continuous whereabouts of the exhibit at least between the time
it came into possession of the police officers and until it was tested in
the laboratory to determine its composition up to the time it was
offered in evidence. (People vs. Rivera, G.R. No. 182347, October 17,
2008)
7. Rule on DNA Evidence (A.M. No. 06-11-5-SC)
a. Meaning of DNA
Refers to deoxyribonucleic acid which the chain of molecules
found in every nucleated cell of body (Sec. 3 [b], RDE)
b. Applicable for DNA testing order
Whenever DNA evidence is offered, used or proposed to be
offered or used as evidence in:

Criminal actions,

Civil actions, and

Special proceedings (Sec 1, RDE)

c. Post-conviction DNA testing; remedy


Sec. 6 of the RDE allows a post-conviction DNA testing, with the
following requirements:

A biological sample exists;

Such sample is relevant to the case; and

The testing would probably result in the reversal of the


judgment of conviction

May be available to (a) prosecution, or (b) to the person


convicted by a final and executory judgment
If the results of the DNA testing are favorable to the convict, he
may file a PETITION FOR A WRIT OF HABEAS CORPUS in the
court of origin. The court shall then conduct a hearing and in
case the court finds, after due hearing, that the petition is

meritorious, it shall reverse or modify the judgment of conviction


and order the release of the convict, unless his detention is
justified for a lawful cause (Sec. 10,RDE)
The rule also allows the petition to be filed either in the CA or SC
or with any member of said courts may conduct a hearing or
remand the petition to the court of origin and issue the
appropriate orders (Sec. 10)
D. Documentary Evidence
1. Meaning of Documentary Evidence

Rule 130, Sec. 2. Documentary evidence. Documents as evidence consist of writings


or any material containing letters, words, numbers, figures, symbols or other modes of
written expressions offered as proof of their contents.
Two categories of documents as evidence:
a.) Writings, or
b.) Any other material containing modes of written expressions
2. Requisites for Admissibility
a.) The document must be relevant;
b.) The evidence must be authenticated;
c.) The document must be authenticated by a competent witness; and
d.) The document must be formally offered in evidence.
3. Best Evidence Rule
Meaning
the Ruledocument must be produced, exceptions. When the
Rule a.
130,
Sec. 3. of Original
subject of inquiry is the contents of a document, no evidence shall be admissible other
than the original document itself, except in the following cases:
(a)
When the original has been lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
(b)
When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after reasonable notice;
(c)
When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to be
established from them is only the general result of the whole; and
(d)
When the original is a public record in the custody of a public officer or is
recorded in a public office.

Rule requiring the production of the original writing


Best Evidence Rule When the subject of inquiry is the contents of a
document, no evidence shall be admissible other than the original
document itself
b. When applicable
Two requisites must concur:

The subject matter must involve a document; and

The subject of the inquiry is the contents of the document.

c. Meaning of original

Rule 130, Sec. 4. Original of document.


(a)
The original of a document is one the contents of which are the subject of
inquiry.
(b)
When a document is in two or more copies executed at or about the same time,
with identical contents, all such copies are equally regarded as originals.
(c)
When an entry is repeated in the regular course of business, one being copied
from The
another
at or near the time of the transaction, all the entries are likewise equally
one contents of which are the subject of an inquiry;
regarded as originals.
If in 2 or more copies executed:
At or about the same time; AND
with identical contents
If entry is:
Repeated in regular course of business, with
one being copied fro another;
At or near the time of the transaction,
Then all entries are originals

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)

Secondary evidence refers to evidence other than the original


instrument or document itself.

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

Proof of Contents of Lost


custody/control of adverse party

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.

The original is a public record in the custody of a public


officer or is recorded in a public office contents may be proved
by a certified copy issued by the public officer in custody thereof

a. Rule 132 25: What attestation of copy must state


1)
the copy is a correct copy of the original, or a specific part
thereof
2)
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
b. Rule 132 27: Public record of a private document - may be proved by
1)
the original record, or
2)
by a copy thereof
a)
attested by the legal custodian of the record
with an appropriate certificate that such officer has the custody
4. Rule on Electronic Evidence (A.M. No. 01-7-01-SC)
a. Meaning of electronic evidence; electronic data message

Section 1(h). Electronic document refers to information, or the representation of


information, data, figures, symbols or other modes of written expressions, by which a
right is established or an obligation extinguished, or by which a fact may be proved and
affirmed, which is received, recorded, transmitted, stored, processed, retrieved or
produced electronically. It includes digitally signed documents and any print-out or
output, readable by sight or other means, which accurately reflects the electronic data
An
electronic
document
is one
that may
be used orfor
any of document.
the
means,
which
accurately
reflects the
electronic
data message
electronic
For purposes
of purposes:
these Rules, the term electronic document may be used
following
interchangeably with electronic data message

To establish a right;

To extinguish an obligation; or

To prove or affirm a fact,

An electronic document may be used interchangeably with electronic


data message.
b. Probative value of electronic documents or evidentiary weight;
method of proof
Electronic documents are the functional equivalents of paper-based
documents.
Electronic documents are admissible in evidence. Whenever the
rules of evidence refer to the terms of a writing, document, record,
instrument, memorandum, or any other form of writing, such term
shall be deemed to include an electronic document as defined in the

Rules on Electronic Evidence (Sec. 1, Rule 3, Rules on Electronic


Evidence)
If it is a private electronic document offered as authentic, its
authenticity need to be proven by the person introducing the
document before it is admitted in evidence (Sec. 1 and 2, Rule 5,
Rules on Electronic Evidence)
Under Section 1, Rule 5 of the Rules on Electronic Evidence, the
person offering the document has the burden to prove its
authenticity.

c. Authentication of electronic documents and electronic signatures

Rule 5, Sec. 2. Manner of authentication.- Before any private electronic document


offered as authentic is received in evidence, its authenticity must be proved by any
of the following means:
(a) by evidence that it had been digitally signed by the person purported to have
been signed by the person purported to have been signed by the person purported
to have signed the same;
(b) by evidence that the appropriate security procedures or devices as may be
authorized
by theonly
Supreme
or by law for
authentication
of electronic
Will apply
when Court
the document
is athe
private
electronic
document
documents
werethe
applied
document;
and when
sametoisthe
offered
as an or
authentic document
(c) by other evidence showing its integrity and reliability to the satisfaction of the
judge.
d. Electronic documents and the hearsay rule
HEARSAY
RULE
EXCEPTION
[Rule
8,
Sec.
1,
REE]
A
memorandum/report/record
or
data
compilation
of
acts/events/conditions/opinions/diagnoses made by electronic, optical
or other similar means at or near the time of or from transmission or
supply of information by a person with knowledge thereof, and kept
in the regular course/conduct of a business activity, and such was the
regular practice to make the memorandum/report/record or data
compilation by electronic, optical or similar means, all of which are
shown by the testimony of the custodian or other qualified witnesses.
This presumption may be overcome by evidence of the
untrustworthiness of the source of information or the method or
circumstances of the preparation, transmission or storage thereof.
[Rule 8, Sec. 2, REE]
e. Audio, photographic, video and ephemeral evidence
Audio,
photographic
and
video
evidence
of
events/acts/transactions shall be admissible provided it shall be

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

When a party puts in issue in his pleadings: {FIVE}


Intrinsic ambiguity, mistake or imperfection in the written agreement
Failure of the written agreement to express the true intent of the
parties;
Validity of the written agreement; OR
Existence of other terms agreed upon subsequent to the execution of
the written agreement

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

With the exception of wills, applies


only
to
documents
which
are
contractual
in
nature
(written
agreements)
Can be involved only when the
controversy is between the parties to
the written, agreements, their privies
or any party affected thereby (does
not apply to complete strangers)

BEST EVIDENCE RULE


The original writing is not available
and/or there is a dispute as to whether
said writing is the original
Prohibits
the
introduction
if
substitutionary evidence in lieu of the
original
documents,
regardless
of
whether or not it varies the contents of
the original
Applies to all kinds of writings

Can be invoked by any party to an


action, regardless of whether such party
participated in the writing involved

6. Authentication and proof of documents


a. Meaning of authentication
Preliminary step in showing the admissibility of an evidence
Not only documents but also objects introduced in evidence need to be
authenticated

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

c. When a private writing requires authentication; proof of a private


writing

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.

anyone who saw the document executed or written; or

evidence of the genuineness of the signature or handwriting of


the maker.

d. When evidence of authenticity of a private writing is not required.

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

He has seen the person write; or

He 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;

By a comparison made by the witness or the court, with


writings admitted or treated as genuine by the party against
whom the document is offered, or proved to be genuine to the
satisfaction of the judge

f. Public document as evidence; proof of official record

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.

By a copy of the document


i. attested by
1. the officer having the legal custody of the record,
or
2. his deputy, and
ii. if the record is not kept in the Philippines
1. accompanied by a certificate that such officer
has the custody made by
a. secretary of the embassy or legation
b. consul general
c. consul
d. vice consul, or

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.

there has been a diligent search of the record;

that despite the diligent search, no record of entry of a


specified tenor is found to exist in the records of his office.

The written statement must be accompanied by a certificate that


such officer has the custody of official records.
j. How a judicial record is impeached

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

want of jurisdiction in the court or judicial officer

collusion between the parties, or

.fraud in the party offering the record, in respect to the


proceedings

k. Proof of notarial documents

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 132, Sec. 33. Documentary evidence in an unofficial language. Documents


written in an unofficial language shall not be admitted as evidence, unless
accompanied with a translation into English or Filipino. To avoid interruption of
proceedings,
parties
or their attorneys are directed to have such translation prepared
E. Testimonial
Evidence
before trial.
1. Qualifications of a witness

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.

He can perceive; and in perceiving

He can make known his perceptions to others

He must take either an oath or an affirmation (Sec. 1, Rule


132, Rules of Court)

He must not possess the disqualifications imposed by law or


the rules

2. Competence versus credibility of a witness


Competence
Credibility
Has reference to the basic qualifications
of a witness as his capacity to perceive
and his capacity to communicate his
perception to others
Also includes the absence of any of the
disqualifications imposed upon a witness
In deciding the competence of a witness,
the court will not inquire into the
trustworthiness of the witness.

Refers to the believability of the witness;


refers
to
the
weight
and
the
trustworthiness or reliability of the
testimony
Has nothing to do with the law or the
rules

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

b. Disqualification by reason of marriage

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;

Dead Man Statue not applicable to a corporations officers and


stockholders in a suit instituted by the corporation. Thus , the
officers and stockholders may testify.

The action is against an executor, administrator or other


representative of a deceased person , or against a person of
unsound mind;

Heirs of deceased person are considered representatives of a


deceased person.

The subject matter of the action is a Claim or demand against


the estate of such deceased person, or against such person of
unsound mind;

The testimony refers to any matter of Fact occurring before the


death of such deceased person, or before such person became
of unsound mind.

Not covered by the rule:

Counterclaim by defendant (plaintiff may testify in his defense)


Deceased contracted with plaintiff thru an agent of the
deceased/insane (in the
contract which is the subject of the
action) who is still alive and can testify (but the testimony is
limited to the acts performed by the agent)
if the adverse party is called as a witness by the representative
of the deceased/
incompetent or if representative introduced
evidence as to the transactions or
communications with the
deceased/incompetent
to cadastral proceedings, where there is no defendant or
plaintiff

d. Disqualification by reason of privileged communications


(i) Husband and Wife

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

Valid marital relation must have existed


Privilege is claimed with respect to a communication made by
one spouse to another during the marriage:
Communication was made in confidence

Marital Disqualification and marital privilege distinguished


MARITAL DISQUALIFICATION
Can be invoked only if one of the
spouses is a party to the action
Right to invoked belongs to the
spouse who is a party to the action
Applies only if the marriage is existing
at the time the testimony is offered
Constitutes a total prohibition against
any testimony for or against the
spouse of the witness(with certain
exceptions)
(ii) Attorney and client

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;

There is an attorney-client relationship


There is a communication made by the client to the attorney
Such communication was made in the course of. Or with a
view to , professional employment. Extends to attorneys
secretary, stenographer or clerk; requires consent of both
employer and the client to testify as to matters learned in the
professional capacity
Exceptions:

actions brought by client against his attorney

communications made in presence of third persons

communications regarding an intended crime

General Rule: Lawyer may not invoke the privilege and refuse to
divulge the name of his
client
Exceptions:

If there is a probability that the revealing the clients name


would implicate the client to the activity for which he sought
the lawyers advice;
The disclosure would open the client to civil liability;
Where the identity is intended to be confidential

Privilege not confined to verbal or written communications, but


extends to all information communicated by the client to the attorney
by other means, such as when the attorney is called to witness the
preparation of a document.
(iii) Physician and Patient

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;

the action is a Civil case

the Relation Of physician-patient existed


the information was acquired by the physician while attending
to the patient in his professional capacity
the information was Necessary for the performance of his
professional duty
the disclosure of the information would Blacken the reputation
of the patient

A patients husband is not prohibited from testifying on a report


prepared by his wifes psychiatrist since he is not the treating
physician (although it would be hearsay)
A physician is not prohibited from giving expert testimony in
response to a strictly hypothetical question in a lawsuit involving the
physical or mental condition of a patient he has treated
professionally.
(iv) Priest and penitent
Rule 130, Section 24 (d) A minister or priest cannot, without the consent of the person making
the confession, be examined as to any confession made to or any advice given by him in his
professional character in the course of discipline enjoined by the church to which the minister
Requisites
or priest
belongs; for Priest-Penitent Privilege

Confession was made or advice given by the priest in his


professional character in the course of the discipline enjoined
by the church to which the priest or minister belongs;
The confession must be confidential and penitent in character

(v) Public Officers

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

communications made to a public officers in official confidence


Public interest would suffer by the disclosure

(vi.) Parental and filial 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.

Parental privilege- a parent cannot be compelled to testify


against his child or direct descendant

Filial privilege- a child may not be compelled to testify against


his parents or 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

(d) Re-cross-examination by the opponent.


Rule 132, Sec. 5. Direct examination. Direct examination is the examination-in-chief
of a witness by the party presenting him on the facts relevant to the issue.
(ii) Cross-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.

as to any matters stated in the direct examination, or


connected therewith

with sufficient fullness and freedom


- to test his
accuracy and
truthfulness and
freedom from interest or bias, or the reverse
-to elicit all important facts bearing upon the issue

(iii) Re-direct examination

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.

(iv) Re-cross examination

Rule 132, Sec. 8. Re-cross-examination. Upon the conclusion of the re-direct


examination, the adverse party may re-cross-examine the witness on matters stated
in his(v)
re-direct
examination,
and also on such other matters as may be allowed by the
Recalling
the witness
court
in its Sec.
discretion.
Rule 132,
9.Recalling witness. After the examination of a witness by both sides
has been concluded, the witness cannot be recalled without leave of the court. The
court
grant orofwithhold
in its discretion, as the interests of justice may
will
a matter
judicial leave
discretion
require.
c. Leading and misleading questions
Rule 132, Sec. 10. Leading and misleading questions. A question which suggests to the
witness the answer which the examining party desires is a leading question. It is not allowed,
except:
(a) On cross examination;
(b) On Preliminary matters;
(c) When there is difficulty in getting direct and intelligible answers from a witness who is
ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute;
Of
Leading
questiononewitness;
that is or
framed in such a way that the question
(d)
an unwilling
or hostile
indicates to the witness the answer desired by the party asking the
(e) Of a witness who is an adverse party or an officer, director, or managing agent of a public
question.
or private
corporation or of a partnership or association which is an adverse party.

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.

Misleading question- one which assumes as true a fact not yet


testified to by the witness, or contrary to that which he previously
stated.
Misleading questions are never allowed. No exceptions.
d. Methods of impeachment of adverse partys witness

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

of prior inconsistent statement


of bad character/general reputation for truth, honesty,
of bias, interest, prejudice or incompetence
of material, sensory derangement or defect
of conviction of an offense which affects credibility of

e. How witness is impeached by evidence of inconsistent statements


(laying the predicate)

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:

The alleged statements must be related to the witness


including the circumstances of the times and places and the
persons present. If the statements are in writing, they must be
shown to him;

He must be asked whether he made such statements and also


to explain them if he admits making those statements

f. Evidence of the good character of a witness

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

May be express or tacit


May be made by third persons, and in
certain cases, Are admissible against
a party

Must be express
Can be made only by the party himself,
and in some cases, are admissible
against his co-accused

NOTE: if a justification is alleged, it is merely an admission.


Right against self-incrimination applies to the re-enactment of the crime by
the accused
a. Res inter alios acta rule

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;

admissions by a joint owner, joint debtor, or other person


jointly interested with the party;

Co-conspirators statements;

Admission by privies.

Res inter alios acta alteri pocero non debet


a. First branch
Section 20, the rights of a party cannot be prejudiced by an act,
declaration or omission of another
EXCEPTIONS: where the third person is a partner, agent, joint
owner, joint debtor or has a joint interest with the party, during
the existence of the partnership, conspiracy, etc. as established

by evidence other than such act or declaration, or while holding


title to property in relation to such
b. Second branch
Sec. 34, evidence that o1ne did or did not do a certain thing at
one time not admissible to prove that he did or did not do the
same/similar thing at another time
Exceptions: [KISSHICUP] it may be received to prove a specific
intent or knowledge, identity, plan, systematic, scheme, habit,
custom, or usage.
b. Admission by a party

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

Conspiracy is shown by evidence other than the act or declaration.


Admission was made during existence of the conspiracy
Admission relates to the conspiracy itself

An extra-judicial confession of an accused is not admissible in evidence


against his co-accused is when the latter had not been given the
opportunity to hear him testify and cross-examine him. Such
confession is not admissible as an Admission by co-conspirator
because it was made after the conspiracy had ended and after the
commission of the crime.
f. Admission by privies

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)

If private complaint in a rape case fails to rebut testimonies of defense


witness that she and accused were sweethearts and that they had
previous sexual encounters, she is deemed to have impliedly admitted
the truth of the facts asserted by said witness.
h. Confessions

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

Need not to be in writing to be admissible


If it is not in writing, it is NOT required to be under oath.
i. Similar
acts
evidence
Rule
130, Sec.
34.as
Similar
acts as evidence. Evidence that one did or did not do a
certain thing at one time is not admissible to prove that he did or did not do the same
or a similar thing at another time; but it may be received to prove a specific intent or
knowledge, identity, plan, system, scheme, habit, custom or usage, and the like.

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:

There must be an out-of-court statement.

The statement made out of court is repeated and offered by the


witness to prove the truth of the matters asserted by the
statement.

b. Reason for exclusion of hearsay evidence


The party against whom such hearsay evidence is presented is
deprived of his right and opportunity to cross-examine the persons to
whom the statements or writings are attributed.
c. Exceptions to the hearsay rule
(i) Dying Declaration

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.

Declarations is conscious of impending death


Declaration relates to the facts or circumstances pertaining to the fatal
injury or death
Statements referring to the antecedents of the fatal encounter or
opinion, impressions, or conclusions of the declarant are not
admissible. (Professor Bautista believes that the opinion rule is still
applicable in dying declarations).
Declarant would have been competent to testify had he survived
Declaration is offered in a case wherein the declarants death is the
subject of the inquiry.
Dying declarations are admissible in ANY case not only in criminal
prosecutions for homicide which was the former
(ii) Declaration against interest

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

Made ante litem motam


Relationship between declarant and person whose pedigree is in
question showed by evidence other than the declaration EXCEPT
if claiming from the declarant, where the declaration itself is
sufficient.

(iv) Family reputation or tradition regarding pedigree

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.

Reputation or tradition exists in family of person whose


pedigree is in question

Reputation or tradition existed previous to the controversy

Witness testifying thereon is a surviving member of that


family, by either affinity or consanguinity.

A persons statement as to the date of his birth and age, as he learned


of these from his parents or relatives, is an ante litem motam
declaration of family reputation.
(v.) Common reputation

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:

Facts to which the reputation refers are of public or general interest


Reputation is ancient (or more than30 years old)
Reputation must have been formed among a class of persons who were
in a position to have some sources of information and to contribute
intelligently to the information of the option.
Reputation must exist ante litem motam
o However, if the reputation concerns marriage or moral
character, the requisite that the reputation must be ancient does
NOT apply
(vi.) Part of the res gestae

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

iii. Statements must accompany equivocal act


iv. Statements must give legal significance to equivocal act
(vi.) Entries in the course of business

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.

Entrant is deceased or unable to testify


Entries made at or near the time of the transaction to which they relate
Entries made by entrant in his professional capacity or in the
performance of a duty
Entries were made in the ordinary or regular course of business
Entrant must have been in a position to know the facts therein stated

(viii.) Entries in official records

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.

Entry was made by public officer of the Philippines or by person


especially enjoined by law to make such entry
Entry was made in the performance of entrants duty
Entrant must have been in a position to know the facts therein stated

Baptismal certificates or parochial records are not public or official


records and are not proof of relationship or filiation of the child
baptized.
(ix.) Commercial lists and like

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:

Witness whose testimony is offered is dead or unable to testify


Party against whom the evidence is offered, or his privy, was a party to
the former case or proceeding, judicial or administrative
Testimony or deposition relates to the same subject matter (identity of
issue)
Adverse party had opportunity to cross-examine
o Testimony given during preliminary investigation where the
defense had the opportunity to cross-examine the unavailable
witness is admissible in the criminal case

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 matter to be testified to is one that requires expertise


The witness has been qualified as an expert
*It is not enough that a witness who is being presented as an
expert belongs to the profession or calling to which the subject
show that he possesses special knowledge to the question on
which he propose to express an option.
b. Opinion of ordinary witness
Rule 130, Sec. 50. Opinion of ordinary witnesses. The opinion of a witness for which proper
basis is given, may be received in evidence regarding (a) the identity of a person about whom he has adequate knowledge;
(b) A handwriting with which he has sufficient familiarity; and
The mental sanity of a person with whom he is sufficiently acquainted.
(c)Ordinary

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.

Handwriting, if sufficiently familiarity


Mental, sanity, if sufficiently acquainted
Impressions on emotion, behavior, condition or appearance which
he has observed
Ordinary matters common to all men of common perception

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-

direct, and re-cross examinations as often as necessary


depending on his developmental level. [Sec. 15]
(7) Testimonial aids: use of dolls, anatomicallycorrect dolls,
puppets, drawings, mannequins, or any other appropriate
demonstrative device to assist him in his testimony. [Sec. 16]
(8) Emotional security item: While testifying, a child shall be
allowed to have an item of his own choosing such as a
blanket/toy/doll. [Sec.17]
(9) Conduct in questioning the witness: The court shall exercise
control over the questioning of children so as to: [Sec. 19]
a) Facilitate the ascertainment of the truth;
b) Ensure that questions are stated in a form appropriate
to the childs developmental level;
c) Protect children from harassment or undue
embarrassment;
d) Avoid waste of time.
The court may allow the child witness to testify in a narrative form.
(10) Weight given to testimony of child witness: His testimony, if
credible by itself, shall be sufficient to support a finding of
fact/conclusion/judgment subject to the standard of proof
required in criminal and noncriminal cases. [Sec. 22]
e. Live-link TV testimony of a child witness
Live-link television testimony, in criminal cases where the child is a
victim or a witness. [Sec. 25]
The court may order that the testimony of the child be taken
by live-link television if there is a substantial likelihood that the
child would suffer trauma from testifying in the
presence of
the accused, his counsel or the prosecutor. The trauma must be
of a kind which would impair the completeness/truthfulness of
the childs testimony.
If it is necessary for the child to identify the accused at trial,
the court may allow the child to enter the courtroom for the
limited purpose of identifying the accused, or the court may
allow the child to identify the accused by observing the image of
the latter on a television monitor.
f. Videotaped deposition of a child witness
Videotaped deposition. [Sec. 27]
If the court finds that the child will not be able to testify in open
court at trial, it shall
issue an order that the deposition of the child be taken and
preserved by videotape.
The rights of the accused during trial, especially the right to
counsel and to confront and cross-examine the child, shall not be
violated during the deposition.
WHEN TO TAKE THE CHILDS TESTIMONY

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;

Evidence offered to prove the sexual predisposition of the


alleged victim.

Exception: Evidence of specific instances of sexual behavior by the


alleged victim to prove that a person other than the accused was the
source of semen, injury or other physical evidence shall be admissible.
i. Protective orders
Video/audio tapes that are part of the court record may be viewed only
by parties, their counsel, their expert witness and the guardian ad
litem. But they cannot divulge the tape (or any portion thereof) to any
other person, except as necessary for the trial.
The court may issue additional orders to protect the childs privacy.
Publication (or causing it) in any format any identifying information of a
child who is or is alleged to be a victim/accused of a crime or a witness
thereof, or an immediate family of the child, shall be liable for
contempt of court.
A child has a right at any court proceeding not to testify regarding
personal identifying information that could endanger his physical

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

Revised Rules on Summary Procedure [waiting for updates from LESLIE


BABATUAN]

VIII. KATARUNGANG PAMBARANGAY


Local Government Code (Secs. 399-422)
1. Cases covered
2. Subject matter for amicable

Sec. 408. Subject Matter for Amicable Settlement; Exception Thereto.


- The lupon of each barangay shall have authority to bring together the
parties actually residing in the same city or municipality for amicable
settlement of all disputes except:
Sec. 410. Procedure for Amicable Settlement. - (a) Who may initiate
proceeding - Upon payment of the appropriate filing fee, any individual
who has a cause of action against another individual involving any
matter within the authority of the lupon may complain, orally or in
writing, to the lupon chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the complaint, the
lupon chairman shall within the next working day summon the
respondent(s), with notice to the complainant(s) for them and their
witnesses to appear before him for a mediation of their conflicting
interests. If he fails in his mediation effort within fifteen (15) days from
the first meeting of the parties before him, he shall forthwith set a date
for the constitution of the pangkat in accordance with the provisions of
this Chapter.
(c) Suspension of prescriptive period of offenses - While the dispute is
under mediation, conciliation, or arbitration, the prescriptive periods
for offenses and cause of action under existing laws shall be
interrupted upon filing of the complaint with the punong barangay. The
prescriptive periods shall resume upon receipt by the complainant of
the complaint or the certificate of repudiation or of the certification to
file action issued by the lupon or pangkat secretary: Provided,
however, That such interruption shall not exceed sixty (60) days from
the filing of the complaint with the punong barangay.
(d) Issuance of summons; hearing; grounds for disqualification - The
pangkat shall convene not later than three (3) days from its
constitution, on the day and hour set by the lupon chairman, to hear
both parties and their witnesses, simplify issues, and explore all
possibilities for amicable settlement. For this purpose, the pangkat
may issue summons for the personal appearance of parties and
witnesses before it. In the event that a party moves to disqualify any
member of the pangkat by reason of relationship, bias, interest, or any
other similar grounds discovered after the constitution of the pangkat,
the matter shall be resolved by the affirmative vote of the majority of
the pangkat whose decision shall be final. Should disqualification be

decided upon, the resulting vacancy shall be filled as herein provided


for.
(e) Period to arrive at a settlement - The pangkat shall arrive at a
settlement or resolution of the dispute within fifteen (15) days from the
day it convenes in accordance with this section. This period shall, at
the discretion of the pangkat, be extendible for another period which
shall not exceed fifteen (15) days, except in clearly meritorious cases.
Sec. 411. Form of Settlement. - All amicable settlements shall be in
writing, in a language or dialect known to the parties, signed by them,
and attested to by the lupon chairman or the pangkat chairman, as the
case may be. When the parties to the dispute do not use the same
language or dialect, the settlement shall be written in the language or
dialect known to them.
Sec. 414. Proceedings Open to the Public; Exception. - All proceedings
for settlement shall be public and informal: Provided, however, That
the lupon chairman or the pangkat chairman, as the case may be, may
motu proprio or upon request of a party, exclude the public from the
proceedings in the interest of privacy, decency, or public morals.
Sec. 415. Appearance of Parties in Person. - In all katarungang
pambarangay proceedings, the parties must appear in person without
the assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin who are not
lawyers.
Sec. 416. Effect of Amicable Settlement and Arbitration Award. - The
amicable settlement and arbitration award shall have the force and
effect of a final judgment of a court upon the expiration of ten (10)
days from the date thereof, unless repudiation of the settlement has
been made or a petition to nullify the award has been filed before the
proper city or municipal court. However, this provision shall not apply
to court cases settled by the lupon under the last paragraph of Section
408 of this Code (non-criminal cases not within the lupons authority
referred by a court), in which case the compromise settlement agreed
upon by the parties before the lupon chairman or the pangkat
chairman shall be submitted to the court and upon approval thereof,
have the force and effect of a judgment of said court.
3. Venue

Sec. 409. Venue. - (a) Disputes between persons actually residing in


the same barangay shall be brought for amicable settlement before
the lupon of said barangay.
(b) Those involving actual residents of different barangays within the
same city or municipality shall be brought in the barangay where the

respondent or any of the respondents actually resides, at the election


of the complainant.
(c) All disputes involving real property or any interest therein shall be
brought in the barangay where the real property or the larger portion
thereof is situated.
(d) Those arising at the workplace where the contending parties are
employed or at the institution where such parties are enrolled for
study, shall be brought in the barangay where such workplace or
institution is located. Objections to venue shall be raised in the
mediation proceedings before the punong barangay; otherwise, the
same shall be deemed waived. Any legal question which may confront
the punong barangay in resolving objections to venue herein referred
to may be submitted to the Secretary of Justice, or his duly designated
representative, whose ruling thereon shall be binding.
4. When parties may directly go to court
I. All disputes are subject to Barangay conciliation pursuant to the
Revised Katarungang Pambarangay Law xxx, and prior recourse
thereto is a pre-condition before filing a complaint in court or any
government offices, except in the following disputes:
1. Where one party is the government, or any subdivision or
instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute
relates to the performance of his official functions;
3. Where the dispute involves real properties located in different cities
and municipalities, unless the parties thereto agree to submit their
difference to amicable settlement by an appropriate Lupon;
4. Any complaint by or against corporations, partnership or juridical
entities, since only individuals shall be parties to Barangay conciliation
proceedings either as complainants or respondents (Sec. 1, Rule VI,
Katarungang Pambarangay Rules);
5. Disputes involving parties who actually reside in barangays of
different cities or municipalities, except where such barangay units
adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate Lupon;
6. Offenses for which the law prescribes a maximum penalty of
imprisonment exceeding one (1) year or a fine over five thousand
pesos (P5,000.00);
7. Offenses where there is no private offended party;
8. Disputes where urgent legal action is necessary to prevent injustice
from being committed or further continued, specifically the following:
a. Criminal cases where accused is under police custody or detention
(see Sec. 412 (b) (1), Revised Katarungang Pambarangay Law);

b. Petitions for habeas corpus by a person illegally deprived of his


rightful custody over another or a person illegally deprived or on acting
in his behalf;
c. Actions coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support
during the pendency of the action; and
d. Actions which may be barred by the Statute of Limitations.
9. Any class of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of
Justice;
10. Where the dispute arises from the Comprehensive Agrarian Reform
Law (CARL) (Sec. 46 & 47, R.A. 6657);
11. Labor disputes or controversies arising from employer-employee
relations (Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor
Code, as amended, which grants original and exclusive jurisdiction
over conciliation and mediation of disputes, grievances or problems to
certain offices of the Department of Labor and Employment);
12. Actions to annul judgment upon a compromise which may be filed
directly in court
5. Execution
Sec. 417. Execution. - The amicable settlement or arbitration award
may be enforced by execution by the lupon within six (6) months from
the date of the settlement. After the lapse of such time, the settlement
may be enforced by action in the appropriate city or municipal court.
6. Repudiation
Sec. 418. Repudiation. - Any party to the dispute may, within ten (10)
days from the date of the settlement, repudiate the same by filing with
the lupon chairman a statement to that effect sworn to before him,
where the consent is vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of the certification
for filing a complaint as hereinabove provided.

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]

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