CONSTITUTIONAL PROVISIONS
 All kinds of proceedings
Sec. 1, Art. III: Due Process of Law
 No person shal be deprived of life, liberty, or property
without due process of law
o Violation of due process of law  No opportunity to
be heard -> Grave abuse of discretion
o Remedy: Petition for Certiorari, R65
 Nor any person be denied equal protection before the
laws
o All persons similarly situated must be accorded similar
protection before the laws
o Violations of the right of equal protection 
nullification by the SC
Sec. 9, Art. III: Right to Eminent Domain
 No private property shall be taken for public use without
payment of just compensation
o What is eminent domain?
 Inherent power the state to take private
property for public use.
 Both real and personal
o What is compensable taking (NPC vs. Heir of
Sangkay)
 Destruction, restriction, diminution or
interruption of the right of ownership or of the
common and necessary use and enjoyment of
the property in a lawful manner, lessening or
destroying its value
Sec. 11, Art. III: Free Access to Courts and Legal Assistance
(S21, R3, ROC and S19, R41, ROC)
 Free access to courts and quasi-judicial bodies and
adequate legal assistance shall not be denied by reason of
poverty
o Q: Re Pauper Litigant
Sec. 16, Art. III: Right to Speedy Disposition of Cases
 All persons shall have the right to a speedy disposition of
their cases …
o Coverage
o Distinctions (3)
Sec. 30, Art. VI: Power of the Congress to enact Law increasing
the Appellate Jurisdiction of the Supreme Court
 No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence
 Can a direct appeal to the SC from the decision of the
Ombudsman be made?
o No, the provision of S27, RA 6770 (The Ombudsman
Act of 1987) insofar as it allowed a direct appeal to the
SC was declared unconstitutional being one which
increased the appellate jurisdcition of the Supreme
Court (Fabian vs. Desierto)
 Resolution of the Office of the Ombudsman in criminal cases
o Remedy: Petition for Certiorari, R65
o But in administrative  R43
 Can the SC review the factual basis of the proclamation of
martial law or the suspension of the privilege of habeas
corpus?
o Yes, as mandated by the Sec. 18, Art. VII of the
Constitution
o Certiorari (Lagman vs. Medialdea)
Sec. 1, Art. VIII: Expanded definition of Judicial Power (2007
Bar)
 Judicial power shall be vested in one Supreme Court and
in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdction on the part of
any branch or instrumentality of the Government.
Sec. 2, Art. VIII: Power of the Congress to Prescribe the
Jurisdcition of Courts
  The Congress shall have the power to define, prescribe
and apportion the jurisdiction of the various courts but
may not deprive the …
 What are the limitations?
o Congress cannot deprive the SC of its jurisdiction
over cases under Sec. 5 of Art, VIII
o ….
Sec. 4(2): Cases decided by the Supreme Court En Banc
Sec. 5 (1), Art. VIII: Original Jurisdiction of the SC
(R56, ROC) + Writs of Amparo, Habeas Data, Kalikasan and
Continuing Mandamus
by the Supreme Court by way of petition for certiorari
within 30 days from receipt thereon
 Is the doctrine of fresh period rule applicable under R64?
o No
o Only applicable  rules of appeal
 Issue with an interlocutory order  remedy to seek the
review of the interlocutory order during the appeal of the
decision of the case
 Proper remedy in case of adverse of the COA or COMELEC
 Petition for Certiorari under R65 in relation to R64 within
30 days from notice of the judgment or resolution or from
order denying the motion for reconsideration or new trial.

Sec. 5 (2), Art. VIII:

Sec. 5 (5), Art. VIII: Rule-making Power or Judicial Legislation

of the Supreme Court
 Can the SC amend, repeal, or establish new rules
o Yes, the SC has the power to amend, repeal or even
establish new rules for a more simplified… (Neypes
vs. CA)
 Power of the SC to promulgate rules carries with it the
power to overturn judicial precedents
o (Sec. 23 of RA 9165 declared unconstitutional)
o (Estipona vs. Lobrigo)
Sec. 14, Art. VIII: Constitutional Requirement of
Judgment/Final Orders/Resolution
 Correlate with R36, ROC: decision must state clearly and
distinctly the facts and the law-component of due process
 Violation  Violation of Due Process  Grave abuse of
discretion  R65

Sec. 7, Art. IX-A: Review of the Judgement/Final Orders of the

Constitutional Commissions
 Unless the Constitution or the law otherwise provides,
decision of the constitutional commission shall be revieed
DOCTRINE, PRINCIPLE and RULES
Doctrine of Operative Fact
 Actual existence of a statute, prior to such determination of
constitutionality, is an operative fact and cannot justly be
ignored
Doctrine of Compassionate Justice (S6, R1)
 Harsh provision of the
Residual Power/Jurisdiction of the Court (S9, R41)
 Gonzales vs. Quirico
Doctrine of Non-Interference or Doctrine of Judicial Stability
(R58)
 No court can interfere by injunction with the judgment or
orders of another court of concurrent jurisdiction having the
power to grant the relief sought by injunction
Doctrine of Stale Demands or Laches
(Arradaza vs. CA)
Estoppel by Laches or Equitable Estoppel
(S20, R14)
(Megar Sugar Corp vs. RTC of Iloilo)
Doctrine of Agency by Estoppel or Doctrine of Holding Out
Doctrine of Primary Jurisdiction
 (San Miguel vs. Perez)
Doctrine of Hierarchy of Courts
 Court will not entertain direct resort to it unless the
redress desired cannot be obtained in the appropriate
courts or where exceptional and compelling
circumstances justify availment of a remedy within and
calling for the exercise of primary jurisdiction
Doctrine of Transcedental Importance
Doctrine of Continuing Jurisdiction or Adherence to
Jurisdiction
Doctrine of Judicial Deference
 Rule in which the condition of the court in yielding or
submitting ..
Doctrine of Ancilliary Jurisdiction
 Power of the court to settle issues which are merely
incidental to the main action
Clean hands or dirty hands doctrine
 Plaintiff is not entitled to obtain an equitable relief
because he is acting unethically or in bad faith
Totality Rule
(S2, R5)
Doctrine of Exhaustion of Administrative Remedies
 Writ of Kalikasan  DENR first
 If not followed  subject to motion to dismiss
Doctrine of Absention
Omnibus Motion Rule
(S8, R15) (S1, R9)
Hypothetical Admission Rule or Assumption of Truth Rule
(Municipality of Bulacan vs. Hon. Dumdum)
Precautionary Principle
 When human activities may lead to threats of serious or
irreversible damage to the environment that is
scientifically plausible but uncertain, actions shal be
taken to avoid or diminish that threat
Doctrine of Election of Remedies
  Doctrine intended to prevent plaintiff from double
recovery for a loss, making the person pursue only one
remedy in an action
Doctrine of exclusivity of venue
Doctrine of party autonomy
 Freedom of the parties to make their own arrangements
to resolve their own disputes
Principle of Competence-Competence
 Arbitral tribunal may initially rule on its own jurisdiction,
including any objections with respect to the existence or
validity of the arbitration agreement, or any condition
precedent to the filing of a request for arbitration
(RA9285)
Doctrine of Separability
 Arbitration agreement is considered as independent of
the main contract.
Deliberative Process Privilege Information Rule
Same Evidence Test Rule
 Whether 2 suits relate to a single or common cause of
action, such as whether the same evidence would support
and sustain both the first and second causes of action
Doctrine of Lis Pendens (S14R13)
3 Day Notice Rule
(S4R15)
Doctrine of Auter Action Pendant/Litis Pendentia
2 Dismissal Rule (S1R17)
Doctrine of Non-Prosequitor (S3, R17)
Principle of non-suited
 Plaintiff did not appear in the pre-trial conference =
dismissal of the action
 Dismissal will be with prejudice except when the court
orders otherwise
One day, one witness rule
 Examination of the witness must be terminated within 1
day, inclusive of direct, cross, redirect and re-cross
examinations, unless the court will allow otherwise.
Most important witness rule
 During pre-trial conference, the judge has the discretion
to determine who are the most important witnesses to be
presented in the trial in order to limit corroborative
testimonies
The Viatory Rights of the Witness Rule
Principle of Conclusiveness of Judgment/Preclusion of Claims
(?)
 Binding
 Res judicata
Principle of Law of the Case
Stare decisis or Adherence to judicial precedents
Doctrine of preclusion of claim or barred by prior judgment
Docrtine of preclusion or collateral estoppel (conclusiveness of
judgment)
Doctrine of constant jurisprudence
Second motion for new trial rule
Single motion rule (S5R37)

Berry Rule
 Motion for new trial on the ground of newly discovered
evidence, which he could not, with reasonable diligence,
have discovered and produced at the trial …
Neypes Doctrine
 Fresh period rule
 Appeals periods provided in the Rules and to afford
litigants fair opportunity to appeal their cases
 Proper to allow a fresh period of 15 days within which to
file the notice of appeal from receipt of order denying the
motion for new trial, mr, or any final order or resolution
(41, 42, 43, 44, 45)
 48 hours – habeas corpus
 A person who impugns the validity of statute must have a
personal and direct interest in the case such that he has
sustained or will sustain direct injury as a result
Material dates rule (S3, S4, R46)
 Date when the judgement or final order or resolution was
received
 Date when the MR or NT was diled
 Date when the notice of the denial thereof was received
Jus Regalis (Sec. 67)
 Right to eminent domain has always been considered as a
fundamental state power
Doctrine of Continuing Public Use

Doctrine of Vicarious Appeal Principle of Judicial Courtesy

(RP vs. Institute for Social Concerns)
Confidential indormation rule

Lord Coke’s Doctrine (S48, R39) Principle of standing beyond natural and juridical persons
 Actionable issues are generally restricted to a review of  A standing or a right to pursue a case which is extended
jurisdcition of the foreign court, the service of personal to a certain..
notice, collusion, fraud, or mistake of fact or law.
Slip Rule
Principle of Prior or Contemporaneous Jurisdiction (R57, R58)
 In enforcing a writ of attachment, it must be preceded by Harmless Error Rule or English Exchequer rule (Sec. 6, Rule 51
or simultaneously accompanied by service of summons,
copy of the complaint

Doctrine of Strong Arm of Equity

 No power the exercise of which is more delicate and
which calls for greater circumspection than the issuance
of an injunction

Vera Doctrine
JURISDICTION

COURT OF APPEALS
Original Jurisdiction (S9, BP 129)
 Proceedings here are not continuation of the proceedings in a
lower court
 Any disposition = adjudication of merits
 The CA shall exercise original jurisdiction over the ff. cases:
o Pet. for certiorari, prohibition, mandamus, quo
warranto, habeas corpus
 Pet. For Writ of Amparo
 Pet. For habeas data
 Pet. For Writ of Continuing Mandamus
 Petition for Writ of Kalikasan
 Petition for freeze order on any monetary instrument,
property or proceeds relating to or involving any unlawful
activity as defined under RA 9160
 Decisions from the aforementioned petitions 

Exclusive Appellate Jurisdiction

 Decisions and final orders of the RTC in the exercise of its
original jurisdiction
 Decisions and final orders of the RTC in the exercise of its
appellate jurisdiction
 Decisions and final orders of the MTCs in delegated
jurisdiction over land registration and cadastral cases
 Shari’ah District Courts in the absence of the station of the
Shari’ah Appellate Courts
 All decisions and fianl orders rendered by the RTC in case of
violation of IP Code shall be appealable to the CA therough a
petition for review under R43 of the ROC
 Awards, judgment, final orders or resolutions of quasi-judicial
bodies

Sandiganbayan