Remedial Preweek Lecture

Atty.
Tranquil Salvador III Preweek Lecture (November 20 – 21, 2017)
Plea Bargaining
• Can you do a plea bargaining in drugs cases?
• In the case of Estipona, the SC allowed plea bargaining in drugs cases for
rehabilitation. Even though Continuous Trials Guidelines says that, “Except in drugs
cases, plea bargaining is allowed,” the current ruling is the Estipona case.
• So the rule is: In criminal cases, during pre-trial, plea bargaining is allowed. Plea
bargaining includes plea of guilt to a lesser offence. For drugs cases, as ruled
by the SC in the case of Estipona, plea bargaining is allowed.
Probable Cause
• The determination of probable cause has two facets:
o The first one is the executive determination of probable cause.
§ The executive determination of probable cause is that period from when
a complaint was filed in the Office of the Prosecutor, subscribed by the
prosecutor, assigned to the Asst. Prosecutor and the Asst. Prosecutor
issues a subpoena requesting the respondent to file an affidavit within
the period of 10 days.
§ The findings of the Asst. Prosecutor is only recommendatory and
subject to the approval of the provincial or city prosecutor.
o The next is the judicial determination of probable cause.
§ This kicks in when the information is filed (Rule 112, Sec. 5) and the
court has any of the following options:
• (1) The court if finds probable cause issues a warrant of arrest,
• (2) The court will dismiss the case,
• (3) The court can conduct a hearing to ascertain if there is
indeed a probable cause.
• Can you file a motion for determination of probable cause? NO.
o There is nothing in the provision of the rule that allows you to do it. However,
in practice, they allow you to do it.
o For the Guidelines for Continuous Trial, that is prohibited.
§ Now, I want to be very clear, even if there is that guideline, there is
nothing in the law that allows you to file a motion to file a determination
of probable cause.
Motion for Reinvestigation

• This has been a subject of a number of questions in the bar exam.
• It’s not specifically defined in the law but I have found it in a number of bar questions
where they touched on reinvestigation.
• Reinvestigation will take place in a situation when an information is filed in court and if
you feel that the conduct of preliminary investigation is inadequate.
o So you want the court, the Sandiganbayan or the regular court to NOT proceed
with the case and to return the records to the Office of the Prosecutor for
purposes of Reinvestigation.
Preliminary Investigation
• What cases require preliminary investigation?
o When the penalty of the offense is at least 4 years, 2 months, and 1 day.
• Can you file a motion of preliminary investigation? Yes.
o Example: Your client was arrested without a warrant. Your client was detained.
And because your client was detained, you decided not to file for a preliminary
investigation at that time in order not slow down the process, so you allow the
process to continue. An information was filed against your client, can you file a
motion for preliminary investigation for your client who was arrested without a
Atty. Tranquil Salvador III Preweek Lecture (November 20 – 21, 2017)
warrant and an information being filed in court? The answer is yes. 5 days from
knowledge, the provision is Rule 112, Sec. 6.
Arraignment
• Can arraignment be suspended?
o Arraignment will only be scheduled after the court has acquired jurisdiction over
the person of the accused.
• How is jurisdiction acquired over the person by the court?
o By arrest or voluntary surrender. Once you are arrested (you can apply for bail)
or voluntary surrendered, the arraignment is set.
• Can that arraignment be suspended?
o The grounds of arraignment are only those found in the Rules of Court.
o According to the case of Daoay, what are the grounds?\
§ (1) The accused is of unsound mind,
§ (2) There is a prejudicial question,
§ (3) There is a petition for review filed in the Department of Justice and
the period is only 60 days.
o Arraignment can be suspended.
Public Prosecutor
• Is the presence of a public prosecutor always required? In any hearing in court, is it a
mandate of the law?
o The answer is in Rule 110, Sec. 5. The prosecution of a criminal case is under
the direct control and supervision of a public prosecutor.
o For that reason the public prosecutor will have to be present every hearing
date.
o Therefore, if the public prosecutor assigned to the court on that day is absent,
the cases, no matter how many there may be will have to be cancelled. Take
note, mere presence.
o The phrase, “Direct control and supervision” is not only because he will direct
the conduct of the prosecution. It includes his presence in the court for the case
to proceed.
§ That phrase, likewise includes filing of every pleading in court.
Therefore, the prosecutor cannot file any pleading, if there is a criminal
case, cannot file any pleading in that court without the conformity of the
public prosecutor.
o Example: In one case decided by the court, the public prosecutor was absent
because there was a need for him to be under medical examination. But the
prosecution’s presentation of evidence was already terminated. It’s already the
accused’s turn to present evidence but the public prosecutor was absent, the
court allowed the case to proceed on the condition that when the public
prosecutor returns, he can conduct his cross-examination. The public
prosecutor returned. Then the next hearing, he questioned the action of the
judge, saying such action is null and void. The Court held, that the proceedings
were null and void up to that extent because the public prosecutor was absent
because the prosecution of a criminal case is under his direct control and
direction.
o There is an exception, you can obtain a certification from the chief of the
prosecution office. So yung sinabi kong lahat na yan, na laging present, can be
dispensed with if you were able to get a certification from the chief of the
prosecution office allowing you to proceed even in the absence of a public
prosecutor. That is in Rule 110, Sec. 5.
RTC Jurisdiction: Criminal Cases

• The jurisdiction of the RTC in criminal cases is imprisonment exceeding 6 years

regardless of fine or accessory penalty.
MTC Jurisdiction: Criminal Cases

• Imprisonment not exceeding 6 years, regardless of fine or accessory penalty.
• If the penalty is purely a fine, that is not covered by RA 769, the SC had to come up
with the Circular 09-94 wherein the SC said that when the penalty is purely a fine, the
threshold amount is 4,000, MTC. Exceeding 4,000, RTC.
Summary Procedure
• What is the threshold penalty?
o Imprisonment of not exceeding 6 months and if criminal negligence, damages
not exceeding 10,000 pesos. Summary proceeding, criminal includes violation
of municipal or city ordinances.
Jurisdiction of Barangay Conciliation

• For criminal purposes, the penalty is not exceeding 1 year.
o If the offense for a criminal case does not exceed 1 year and you reside in the
same barangay or a joining barangay in the same city, you will have to go
through prior barangay conciliation. You need such a certification to be
submitted to the court to be able to commence with the action.
• What if you did not go through barangay conciliation and filed an action directly, let’s
say unjust fixation? Is the absence of prior barangay conciliation waivable? This has
long been settled, in the case of Bañares, the answer yes, it is waivable.
o Although it is also a ground to dismiss it or to quash it.
Sandiganbayan Jurisdiction
• Itong tatlo lang gusto kong tandaan niyo:
o (1) At least salary grade 27 and the act was committed in relation to the office.
So it can be an ordinary offense.
o (2) At least salary grade 27 and it’s an Anti-Graft case, RA 2019, which court
has jurisdiction? Sandiganbayan.
o (3) City counselor, not a salary grade 27
§ Does the Sandiganbayan have jurisdiction over the counselor? The
answer is yes. Because the name expressly appears in the list.
§ Take note, there are those officers which are not salary grade 27 but
they are expressly listed in the law, then jurisdiction falls within the
Sandiganbayan.
• What if the accused is a president of a State University or a Student Regeant? Is salary
grade 27 material? The answer is no. For as long as he is enumerated in the section,
a government owned and controlled corporation, state universities, presidents,
trustees, officers, they fall within the jurisdiction of the Sandiganbayan.
• Threshold Amount
o There’s an amendatory provision, if it exceeds 1 million, the damage to the
government, and you are a salary grade 27, Sandiganbayan.
o If the damage is lower than 1 million and you are a salary grade 27, it goes to
the regular courts.
Ombudsman
• The Office of the Ombudsman is not a court. It is an agency of the government that
exercises quasi-judicial functions. The jurisdiction of the Ombudsman is over the
misfeasance or the malfeasance of a public officer. Take note the offense need not be
in relation to the office.
• Can the Office of the Ombudsman conduct preliminary investigation?
o The answer is yes.

o If you are confused, just remember the cases of Sen. Jinggoy and Bong Revilla,
all of their cases were filed where? The Office of the Ombudsman.
§ So the Ombudsman conducted preliminary investigation. Can the
Ombudsman determine probable cause? Yes.
• Can the Office of the Ombudsman prosecute?
o The answer is yes.
o It’s not in the law, the Rules of Court, but it has been asked a couple of times.
o The arm of the Office of the Ombudsman that prosecutes is the Office of the
Special Prosecutor. But the Office of the Special Prosecutor is still under the
control of the Ombudsman.
o Example: In one case, there was a motion to quash. The Court ordered the
return of the information for amendment to the Office of the Special Prosecutor.
So the information was amended and was filed again in the court without
seeking the approval of the Ombudsman, is that a proper information? The
answer is no because the Office of the Special Prosecutor can only act upon
the authority of the Ombudsman.
§ They can prosecute and they can appear in court but under the Office
of the Special Prosecutor.
• What else can the Office of the Ombudsman do? They can, on their own conduct an
investigation.
o This, however, is not equivalent to a complaint.
o But if they can a find a basis for the complaint, they can then file a complaint.
• Remedies
o The Office of the Ombudsman says, “You are hereby reprimanded.” What is
your remedy?
§ A reprimand is not subject to appeal because it is executory per
Ombudsman Law. So forfeiture of salary for one month, suspension for
one month, it is executory, it is not subject of an appeal.
§ So if want to question that you file what? A petition for certiorari 65, with
the CA.
o If the Office of the Prosecutor says, “You are suspended for a period of 1 year
or a period of 2 years, what is your remedy?
§ According to the case of Enemcio(?), your remedy is Rule 43. You will
go to the CA.
o What if the OMB says, “There is probable cause?
§ You file the information in the Sandiganbayan.
§ What is your remedy from the resolution of the OMB? A Rule 65 to the
SC for grave abuse of discretion.
DOJ Preliminary Investigation

• According to the case of DOJ v. Liwag, the DOJ has general jurisdiction to conduct
preliminary investigation in cases under the RPC.
• The OMB has plenary power and primary jurisdiction to investigate public officers and
employees.
• For purposes of preliminary investigation, there is what you call, “Concurrent
jurisdiction.”
o Except if it involves offences under the RPC, it is with the DOJ.
• For those against public officers and employees, according to the case of DOJ v.
Liwag, primary jurisdiction goes to the Office of the Ombudsman.
• Let’s look at the De Lima case.
o The De Lima case was filed in the DOJ.
o That’s why they were saying that the DOJ, had no jurisdiction. They were
saying that it was supposed to be with the OMB.
o Theory of the prosecution: it was a violation of a Dangerous Drugs Law. You

are a principal, you had direct participation and in the light of the Dangerous
Drugs Law. Thus which court has jurisdiction? The RTC. That’s why they said
it is consistent that the case was filed in the DOJ. It can be filed with the RTC
per provision of law.
o Another issue: information was filed from the DOJ.
§ Can the issuance of a warrant of arrest be prevented by the filing
of a motion to quash? The answer is no.
§ The filing of a motion to quash cannot stop the issuance of a warrant of
arrest because all that the judge will need to do, as the judge correctly
did in that case. The judge has 10 days to determine if there’s probable
cause and if she finds that there is probable cause, she issues a warrant
of arrest.
Venue/Jurisdiction
• The Concept of Territoriality.
o Can the venue for purposes of institution of the action be transferred?
§ The answer is no because the venue is jurisdictional.
§ The place of where the crime was committed is the place of the where
the action is instituted.
§ What can be transferred is the venue for purposes of trial with the
approval of the SC.
• Yung pag file ng case, di mo pwedeng ilipat unless it’s the type
of case that can be filed with the DOJ.
• But the Rules of Court do not provide for those cases where you
can directly file with the DOJ.
• Like public interest cases, highly controversial cases which
affect the entire nation, the scam type of cases, then the DOJ
can take cognisance of the same. It has jurisdiction all over the
entire Philippines. But again, venue is jurisdictional.
Search Warrants
• In the case of Pilipinas Shell, they said that the application for a search warrant is a
special judicial process. Therefore, though, the manner which you could apply for a
search warrant is dictated by the place where the crime was committed, according to
Rule 16.
• The court ruled that the power to issue a search warrant is inherent in every court and
they are not bound by venue is jurisdictional.
Rule 110
- If you are in a chartered city, you file to Fiscal/office of prosecutor regardless if the
offense requires a preliminary investigation or not.
- Can a solicitor general intervene in a criminal case at the trial court level? NO.
Representation of solicitor general only starts at appellate court level.
Section 6. Sufficiency of complaint or information. — A 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 date of the commission of the offense; and the place where the offense was
committed.
- Enrile v. Cabotahe Tan
o Can you file bill of particulars in criminal cases- YES
o Senator Enrile was charged with plunder. He filed motion for bill of particulars
claiming that the NGOs and government agencies, specific dates of
commission, release dates of particular pork barrels etc must be indicated
o Sandiganbayan denied it. MR also denied
o SC: The information must include ultimate facts not evidentiary facts
o Defects claimed by enrile
§ Amount of pork barrel and dates of release must be indicated- SC: No,
Enrile is in better position to know that.
§ Series/combinations of acts- SC: Yes, these must be indicated or
particularized in the information
§ The dates when the plunder committed
§ The NGOS and conduits- SC: Yes.
§ In short, the SC granted the motion for Bill of Particulars
Section 14. Amendment or substitution. — A complaint or information may be amended, in

form or in substance, without leave of court, at any time before the accused enters his plea.
After the plea and during the trial, a formal amendment may only be made with leave of court
and when it can be done without causing prejudice to the rights of the accused.
However, any amendment before plea, which downgrades the nature of the offense charged
in or excludes any accused from the complaint or information, can be made only upon motion
by the prosecutor, with notice to the offended party and with leave of court. The court shall
state its reasons in resolving the motion and copies of its order shall be furnished all parties,
especially the offended party. (n)
If it appears at any time before judgment that a mistake has been made in charging the proper
offense, the court shall dismiss the original complaint or information upon the filing of a new
one charging the proper offense in accordance with section 19, Rule 119, provided the
accused shall not be placed in double jeopardy. The court may require the witnesses to give
bail for their appearance at the trial. (14a)
Amendment
- If amendment is the issue, you first determine if the accused has already entered his
plea
o Before plea: amendment can be done as to matters of substance AND form
o After plea: amendment only as to matters of form AND it does not prejudice the
rights of the accused.
§ e.g – in a case where the victim of rape is 19 but it appears that she is
actually 16. This can be a formal amendment but this will be prejudicial
to the rights of the accused. NOT ALLOWED
- before plea, a number of things can happen.
o The offense can be downgraded (e.g. murder to homicide)
o Exclusion (e.g. from 3 accused to 2 accused)
§ Downgrade and exclusion can happen only upon motion of the
prosecution and with notice to offended party and with leave of court
Substitution
Can an information be substituted? Yes. Allowed in Section 14
If there is a substitution, will it require a new preliminary investigation- YES!
If the amendment is a matter of form, will it require a new preliminary investigation? – NO!
How about if substantial amendment? – YES!
In a case decided by SC which involved Anti-Graft and Corruption, the prosecution wanted to
change “disadvantageous to the government” to “unwarranted benefits to a private party”. SC:
it does not need a new preliminary investigation because this amendment refers to the same
section and only involves a change in the modality of the commission of the offense.
RULE 111 - Prosecution of Civil Action

- Once a criminal action is instituted, civil is likewise instituted unless it is waived,

reserved or instituted ahead of the criminal action
When to reserve?
- Before the prosecution commences to present evidence taking into consideration the
circumstances of the case allowing him to reserve
What if civil arising from delict instituted ahead of the criminal action? - Civil action is
suspended in whatever stage with option to consolidate
Can you consolidate a petition for writ of amparo with a subsequent criminal action involving
the same subject of the writ of amparo? –YES!
Can you consolidate a petition for writ of amparo with a subsequent administrative case? –NO
Can you consolidate a a purely civil action but is totally unrelated with a petition for writ of
amparo? – NO
Prohibited pleadings in a criminal case

- Can you file a cross-claim in criminal case- NO
- Can you file a third party complaint in criminal case- NO
People v. Soria(?)
- Accused convicted in RTC and the case is on appeal
- Convict died pending appeal
- What happens to the criminal case?
- SC: criminal case including the civil aspect is extinguished
What happens if the accused dies before plea? –criminal case will be dismissed without
prejudice to filing of a case against the estate
There’s a criminal case and an independent civil case. The accused dies. The criminal case
is extinguished but the independent civil case survives. (Section 4, Rule 111)
Do you need to reserve an independent civil action? – NO
Section 6. Suspension by reason of prejudicial question. — A petition for suspension of the

criminal action based upon the pendency of a prejudicial question in a civil action may be filed
in the office of the prosecutor or the court conducting the preliminary investigation. When the
criminal action has been filed in court for trial, the petition to suspend shall be filed in the same
criminal action at any time before the prosecution rests. (6a)
Section 7. Elements of prejudicial question. — The elements of a prejudicial question are: (a)
the previously instituted civil action involves an issue similar or intimately related to the issue
raised in the subsequent criminal action, and (b) the resolution of such issue determines
whether or not the criminal action may proceed.
Prejudicial questions
At what point in time can you file a motion to suspend on the ground of prejudicial question?
- If still in the prosecutor’s office for purposes of preliminary investigation
- Before the prosecution rests if already filed in court
The civil action must be instituted ahead the criminal. The criminal case is suspended.
If criminal case has been suspended for a long period of time. Can it be dismissed? – No. it
will be archived.
TAKE NOTE:
For offenses requiring preliminary investigation, once the case has already been filed in court.
The court has option:
- Issue a warrant or
- Dismiss the case
What if the offense does not require PI (refers to Rule 112, 3a only)
When the information is filed, the court can:
- issue warrant or issue subpoena in lieu therof
- dismiss the case
- hear it
Once a case if filed in summary procedure, can the court issue warrant of arrest? – NO!
If after repeated notices to appear is given but the accused refused repeatedly- court can issue
warrant of arrest
Will the records of PI under Rule 112, Sec. 7 form part of the records of the case? –NO! Secure
an order from court to elevate the records to the proper court
Inquest
Relevant provision is Section 5, Rule 113
- may naglalakad sa Rockwell ng gabi, hinuli ng pulis for prostitution
- will he be subjected to inquest? NO
- Only offenses that require PI where inquest is relevant
What is the duty of the inquest prosecutor?
- Will NOT determine probable cause
- Will determine if you should be released (not dismiss) for regular PI or detained
- - if detained, you can ask PI waiving Art 125 or post bail
• Is the finding of the inquest prosecutor subject to a motion for reconsideration?

o No, it is not.
• Your client was served with a subpoena because complaint has been filed against him
with the Office of the Prosecutor. You advise him to hide in his sister’s house to avoid
receiving the subpoena. Is this good advice?
o No, this is bad advice. Rule 112, Sec. 3 (d) states that a subpoena has already
been issued and you did not file a counter-affidavit, the prosecutor can already
render a resolution based on the available records.
o Service of subpoena does not follow the rules on service of summons. Even if
the subpoena is not served, the prosecutor can already render a resolution
against your client.
Arraignment
• Can the reading of the Information be waived?
o As a general rule, the information should be read to the accused because this
is part of due process
o However, in multiple cases, the SC has said that the court, upon personal
examination of the accused, may allow a waiver of the reading of the
Information upon the full understanding and express consent of the accused
and his counsel. This consent must be expressly stated in the minutes,
certificate of arraignment, and the order of arraignment (Rules on Continuous
Trial)
o Hence, the reading of the information may be waived only:
§ In multiple cases
§ If the accused has been properly informed of the consequences thereof
§ It appears in the certificate of arraignment and the order of the court
• What is your remedy from a finding of probable cause of the City or Provincial
Prosecutor?
o File a Petition for Review to the Department of Justice
o Here is a very specific question from the time of De Lima: Where do you go if
the offense falls within the jurisdiction of the MTC and you want to appeal the
resolution of the City or Provincial Prosecutor? Where will you go?
§ If Metro Manila – the Prosecutor General
§ If outside Metro Manila - Regional Prosecutor
Warrant of Arrest
• Can a warrant of arrest be applied for in anticipation of a crime?
o Definitely NOT! Because you have to go through the process of preliminary
investigation before a warrant of arrest can be issued. You cannot just apply
for a warrant because you are expecting that a person will commit a crime.
o There are only two (2) scenarios contemplated by the Rules of Court:
1) Warrant of arrest – which has undergone through the process of
preliminary investigation
2) Warrantless arrest
• Can a person who was legally arrested but escapes from custody be rearrested without
need of a warrant?
o Yes
Bail
• Can a person detained for a nonbailable offense be released upon the issuance of a
custody receipt?
o No, he cannot.
§ If it is a bailable offense, the only way the accused can be released is
by posting bail.
§ If it is a nonbailable offense, the process is more rigid.
Bail As A Matter of Right Bail As A Matter of Nonbailable Offenses

Discretion
MTC, whether before or RTC There is no recommended
after conviction (basta MTC, 1) After conviction bail from the Office of the
matter of right ‘yan!) 2) The penalty is not Prosecutor because of the
RTC death, RO, or LI gravity of the offense.
1) Before conviction 3) None of these
2) The penalty is not circumstances are It is either:
death, RP or LI present: 1) Capital offense
- Flight risk 2) Offense punishable
- Recidivist by death, RP, or LI
- Quasi-recidivist
- Habitual Nonbailable offenses:
delinquent plunder, large-scale estafa,
- Similar large-scale illegal
circumstances recruitment, kidnapping,
(Leviste case) murder, rape
Can you still apply for bail?

GR: After conviction by the - Yes, by applying for a

RTC, the court can exercise petition for bail so that the
discretion court can conduct a
summary hearing
Exc. What if one of the - The court cannot act on a
disqualifying circumstances petition for bail without
are present (e.g. the accused giving the prosecution an
is a flight risk), can the court opportunity to comment
still exercise discretion? - If the court grants the
- No, bail will petition for bail without
not be granted giving the prosecution an
opportunity to comment,
the order is void and the
judge may be held
administratively liable
- Under Rules of
Continuous Trial, it is
only the prosecution who
will be allowed to present
evidence. If the evidence
presented is not strong,
then the court will release
the accused on bail, even
if it is a nonbailable
offense
• In the case of Enrile, Enrile was charged with plunder (nonbailable offense). He filed a
Motion to Admit Bail, which was denied by the Sandiganbayan because it was a
nonbailable offense. When it reached the SC, it granted bail because of his physical
condition and that he is not a flight risk because he has previously submitted to the
jurisdiction of the court. This deviates from the rules.
o You will only answer in accord with the Enrile case if the facts are similar
because it is not in accord with the general rules on bail
o There was not even a bail hearing to give the prosecution an opportunity to
present evidence that guilt was strong
• If X was charged with murder but convicted of homicide, where will you apply for bail?
(Leviste case)
o Apply for bail before the appellate court (Rule 114). If you were charged with a
nonbailable offense, but convicted of a bailable offense, you will apply for bail
before the appellate court
• If you have a case in Makati and was arrested in Makati Avenue, where can you apply
for bail?
o In the court where the action is pending (Sec. 17, Rule 114)
o If the judge of court where the action is pending is absent, you may apply for
bail with any RTC or MTC judge in Makati
• If you have a case in Makati and you were arrested in Cavite, where will you apply for
bail?
o In Cavite (where he was arrested), before any RTC judge, or
§ In the absence of any RTC judge, you may apply for bail with any MTC
judge in Cavite
o In the court where the action is pending
• Where may you apply for recognizance?
o Only in the court where the action is pending

• What if the maximum sentence has already been served but the accused is still
detained and still being tried?
o The court should release the accused, without prejudice to the continuation of
the case
• What if the accused has served the minimum of his sentence (without considering the
ISL)?
o The accused may apply for reduced bail
• What is the difference between cancellation and forfeiture of bail?
o Cancellation may be:
§ Automatic – when the accused has been convicted, acquitted, or
dismissed
§ Voluntary – when the accused has died or voluntarily surrendered
o Forfeiture – when the accused is ordered to appear in court but fails to appear,
the judge will explain the bondsman to explain and to bring the body of the
accused to court, failing which the bond will be forfeited in favor of the
government
• Can your client who is out on bail depart the country without the approval of the court?
o No (Rule 114, Sec. 23). A person out on bail can only depart with the approval
of the court, otherwise he may be rearrested without a warrant.
• Which court can issue a Hold Departure Order?
o RTC and SB
o Can you still depart the country even if there is a HDO?
§ No, you should file a Motion to Travel and post the corresponding bond
Judicial Affidavit Rule in Criminal Cases

MTC RTC
Always judicial affidavit Only with the consent of the accused
New update: Under the new Rules on Continuous Trial,
judicial affidavit may still be used if:
1) Witness demeanor is not essential
2) Criminal cases which are transactional in nature (e.g.
estafa, malversation, falsification)
3) The innocence of the accused can be established
thru documents
Note: Eyewitness accounts are always thru oral testimony
Prescription
• When will the prescriptive period be interrupted?
o Once it is filed in the Office of the Prosecutor, the period is interrupted
o What about special laws?
§ BP 22 – upon filing in the Office of the Prosecutor
§ Securities Act – upon filing in the SEC
o What about city ordinances?
§ Only when the Information is filed in court (Jadewell Parking)
§ The rule is different because violation of city ordinances fall under the
Rule on Summary Procedure
Counsel de Officio
• Counsel de Parte – the counsel of choice of the accused
• Counsel de officio - counsel who is appointed by the court if the accused cannot afford
to engage counsel de parte or his own counsel
• In an appeal from a criminal case, even before the records of the case are forwarded
to the next-level courts, it the duty of the clerk of court to attest that he has inquired
whether the accused wants a counsel de officio
o Is the accused entitled to counsel de officio at the level of the CA?
§ Yes, if he signs his own appeal or the accused is detained (Rule 124)
o Is the accused entitled to counsel de officio at the level of the CA?
§ Yes
• When should the right against self-incrimination be invoked?
o At the time the prosecution tries to call the accused to the witness stand,
because the accused cannot be compelled to testify against himself. Hence,
the accused may refuse the take the witness stand altogether
o How about an ordinary witness?
§ He may only invoke the right against-self-incrimination when the
questions are propounded to him
Improvident Plea
• An improvident plea is a plea the consequences of which are not known to the
accused. It may be withdrawn by the accused at anytime the judgment becomes final
and executory
• What if the judgment has already becomes final and the accused appeals?
o If the sole basis of the conviction is the improvident plea, the SC will simply
remand the case for further proceedings
o If there is independent evidence to establish the culpability of the accused, the
SC will render a decision.
Plea of Guilt to A Lesser Offense

• It may happen during arraignment; however, the offended party must be notified
o As a general rule, the private offended party need not be present during
arraignment, unless there is plea bargaining and determination of his civil
liability of the accused
• It may also happen during pre-trial, and this is called plea bargaining
Arraignment
• Can the filing of a motion for reconsideration in the Office of the Prosecutor suspend
the arraignment?
o No
Motion to Quash v. Provisional Dismissal

Motion to Quash Provisional Dismissal
Filed at any time before plea Filed at any time while the action is pending
Should be in writing
Grounds for Motion to Quash: No specific grounds. However it can only
1) Lack of jurisdiction over the offense take place with the consent of the accused.
2) Lack of jurisdiction over the accused
3) It does not constitute an offense Ex. If the prosecution is always absent, the
4) Lack of prescribed form accused became of unsound mind
5) The prosecutor who filed It had no
authority
6) The information contains more than

one offense (exc. Complex crime)
7) When the information raises self-
defense or an exculpatory defense
8) Prescription
9) Double jeopardy
If a motion to quash is granted, the If the case is provisionally dismissed, you do
information is quashed. As a general rule, not need to refile it. All you need to do is to
you can refile it, except if the ground is revive it.
prescription and double jeopardy.
There is no time-bar. You may refile the case There is a time-bar:
at any time. • If the penalty exceeds 6 years – 2
years
• If the penalty not exceeding 6 years
– 1 year
After the time-bar, the provisional dismissal

becomes permanent.
From when is the time- bar counted?

• From the time of issuance of the
order of provisional dismissal
Order of Amendment
• Can the court instead of quashing the information in a motion to quash order an
amendment? Yes if the ground is it does not constitute an offense.
• Can the motion to quash be filed after plea?
o Yes on four grounds: lack of jurisdiction, it does not constitute an offense,
prescription, double jeopardy.
Double Jeopardy
• What are the requisites?
o 1) there is a valid complaint and information
o 2) there is a court of competent jurisdiction
o 3) arraignment and plea
o 4) acquittal, conviction, or dismissal without the consent of the accused.
• Instances when there is already a plea but double jeopardy does not kick in
o Even after entering of the plea, there was a supervening event.
§ Example: The person was just stabbed, he was in the hospital
frustrated homicide, after a month he died, homicide. Double jeopardy?
No. Supervening event. How about the graver offense was only
discovered after the plea? The person was charged with homicide
because the body of the victim was recovered. Later on it was
discovered that the victim what his father. Parricide? Yes. No double
jeopardy. Finally, if there is a plea to a lesser offense if it is without the
consent of the offended party then it will have no effect.
PreTrial: Criminal Cases

• Three important things to remember
o First, what is the effect of absence?
§ If the offended party is absent, no effect, the case can proceed.
§ If the accused is absent, he could be arrested but the case will be reset.
§ If the lawyers are absent but the accused is present, the lawyers can
be sanctioned.
§ Can an oral admission be taken against the accused during pre-trial?
No. Because it should be in writing and signed by the accused and
counsel.
o Next, Mediation.
§ I will withdraw the word mediation, I will use the word “compromise”.
§ This is Rule 130 Section 26 27 on the Rule on Evidence.
§ As we say an offer of compromise in a criminal case is an admission of
criminal liability.
• But of course we cannot deny that there are offenses which are
mediatable as to the civil aspect.
• Example: SSS, BP 22, PAG_IBIG, remittance payments, estafa
and all other forms of swindling except large scale. What else?
Libel, simple slander, grave slander, slander by deed, and
publications of that nature. Mediatable? Yes. It is allowed by law
to be compromised as to the civil aspect.
§ If the civil aspect of a case is settled, what happens to the criminal
aspect?
• The criminal will continue to survive except part of the
compromise is for the offended party to execute an affidavit of
desistance.
• If the Court is convinced that the affidavit of desistance is
voluntarily made after the prosecution moves for the dismissal,
then the case will be dismissed and jeopardy will be attached
because the dismissal is not without express consent of the
accused.
o Last, Trial.
§ The period from arraignment to pre-trial is the period of 30 days and
that is the same even under the continuous trial rule counted from the
time the court acquires jurisdiction over the person of the accused. Now
the period of trial which is consistent with continuous trial is the period
of 180 days.
§ Why are there still long term cases? 3-5years?
• It is because of exclusions. Like for example the accused is of
unsound mind, extraordinary remedies that will delay the
proceedings of the case like petition for certiorari, delays by
reason of pre-trial which is not attributable to the parties, delay
by reason of pre-trial not exceeding 30 days, pendency of other
criminal cases that will cause delay, or absence or unavailability
of witnesses. All of these are valid exclusions
Postponement of Criminal Case

• Allowed? Yes.
o On the ground of congestion of court dockets? No.
o Lack of preparation? No.
• However, the court will allow postponement if to deny it will result to a miscarriage of
justice.
Speedy Trial v Speedy Disposition

• This is not mutually exclusive.
• Speedy trial can be invoked anytime before trial while Speedy disposition can be
invoked anytime while the action is pending.
• Speedy trial can only be used in a criminal judicial proceeding. Speedy disposition can
be used in judicial, quasi-judicial, and administrative cases.
• Both of them if granted will have the result of an acquittal.
• If your motion for the dismissal of speedy trial is denied, your remedy is prohibition or
certiorari. If your motion for the dismissal of speedy disposition and your client is
detained and is denied, your remedy is habeas corpus. Even if the motion was filed by
the accused.
Demurer to Evidence
• What is the effect of grant of demurer of evidence? It amounts to an acquittal.
• Can a denial of a demurer to evidence be subject to a petition for review or an appeal?
o This is the Gloria Macapagal case.
§ The general rule is no based on the provision of the law.
§ However the Gloria Macapagal Arroyo is a special case. It was denied.
It was elevated to the Supreme Court then it was granted by the Court.
However the provision of the law says that a denial of demurer to
evidence cannot be subject of an appeal or a petition for certiorari.
Discharge of Accused as a State Witness

• First, when can you apply for the discharge? At any time before the prosecution rests.
• Should accused be arrainged? Yes.
• The accused should submit an affidavit and it will be heard.
• If an applicant as a state witness is accepted by the court, it accounts to an acquittal.
• Example: A victim was found in a cemented barrel. The suspect was one of the owners
of RJ Company and one of the suspects is a certain Montero. In the absence of a
witness, they moved to discharge Montero as a state witness.
o So they say that 1) Montero was not the most guilty and 2) there’s absolute
necessity because there was no other direct evidence and 3) it can be
corroborated in its material points. The supreme Court said his statements was
corroborated. And finally he’s not been convicted of a crime involving moral
turpitude.
Promulgation of Judgement
• Should the accused be present during the promulgation of judgment?
• The general rule is yes.
o The only exception is if an accused is charged with a life offense.
• So what if the effect if he is absent?
o If the decision is adverse to him, his remedies under the law are forfeited unless
he appears during the reglementary period and explain to the court the reason
for his absence.
Acquittal
• What are the types of acquittal?
• According to Section 2 of Rule 120, you could be acquitted
o when there is absolute failure to prove your guilt, OR
o when there is failure to establish guilt beyond reasonable doubt.
• In either case you could be held civilly liable unless there is a statement from the
judgment that the fact from which the civil liability arise does not exist
Modification of Decision
• Can a decision be modified?
o Yes. At any time before judgment of conviction becomes final and executory
Motion for a New Trial

• To be filed during the reglementary period

• GROUNDS
o 1) newly discovered evidence,
o 2) errors of law or irregularity in the proceedings that prejudice the rights of the
accused.
o Example: the accused was not allowed to present evidence, the accused was
not allowed to cross-examine witnesses, right of the accused to present
witnesses was forfeited by reason of his absence in one of the hearings. That
is one. Prejudicial to the rights of the accused
Search Warrant
• How to apply for a search warrant?
o You have to apply to the court wherein whose territorial jurisdiction the crime
was committed.
o Second, for compelling reason, you can go out of the court wherein whose
territorial jurisdiction the crime was committed for as long as the search warrant
will be implemented within the regional jurisdiction
• Could there be a search warrant that could be implemented or enforced in the entire
Philippines?
o Yes. If it is applied for before an executive judge of Quezon City, an executive
judge of Manila, it involves AMLA, intellectual property, heinous crime,
dangerous drugs, illegal gambling, and those types of cases.
• Requisites:
o 1) a search warrant could only contain one offense, it cannot be multiple
offenses,
o 2) there should be probable cause to be determined by the judge personally –
personally examining the applicants and the witnesses he may produce.
§ It cannot be just submitting affidavits/depositions
o 3) the place to be searched must likewise be described, the things to be seized
must likewise be described.
§ Example: Unidentified amount of marijuana is that a sufficient
description? Yes. How about a description in reference to a motorcycle?
Let’s say they were using Honda with a certain variance CX5 would that
be a sufficient description? Yes that is sufficient.
• Execution
o The search warrant must be served upon the occupant or his relative.
§ If the occupant or relative is absent, it will have to be presented to two
witnesses with sufficient age and discretion residing in the community.
o If items are seized, it is the duty of the officer to leave a receipt to the occupant.
§ In the absence of the occupant or the relative, the receipt should be left
in the premises in the presence of two witnesses with sufficient age and
discretion residing in the community.
o Is that requirement of presenting a search warrant or that search be conducted
in the presence of two witnesses necessary in a buy-bust operation? No.
because that is not a search by reason of a warrant but a search as an incident
of a lawful arrest.
• Quashing a search warrant
o Can you quash a search warrant? Yes.
o What if the items have already been seized and you don’t want to court to
consider it? You believe that they are inadmissible.
§ You file a motion to suppress.
§ Where to file it? If a criminal action has already been instituted and the
search warrant was applied in that court, you apply the motion to quash
or the motion to suppress in that court where the action is pending.
§ However, when there is yet no criminal case pending, you apply the
motion to suppress in the court that issued the warrant of arrest.
§ What if there is already a criminal action but of course there was a court
that issued the search warrant.
• You are to apply it there in that court which issued the search
warrant only after inaction can you go to the court with the
criminal case subject of the search warrant.
Q: Does the Sandiganbayan have Jurisdiction over civil Forfeiture cases?

The answer is YES.
My last statement in Criminal Procedure is this: Bear in mind that the provisional remedies in
Civil, apply in Criminal Cases. That’s the basic Rule.
Sec 2 of rule 127 tells you the grounds to apply for a provisional remedy of attachment in
instances when the accused absconds, when the accused is not a resident of the Philippines,
embezzles or misappropriates, or when the accused conceals, removes or disposes of his
property.
The most common example when you talk of application of preliminary attachment in criminal
cases is an example of Estafa.
EVIDENCE
Q: Is the rule of Evidence applicable in all courts in the Philippines?

GR: Yes
EXC: Otherwise provided by law
The rules on parole evidence, best evidence, res gestae, and dying declaration applies in all
courts except as otherwise provided by law.
EX:
1. Compromise
There is a different rule in civil and a different rule in criminal.
In civil, you can compromise as much as you want while the action is pending.
in criminal, an offer of compromise is an admission of liability.
2. In Character Evidence
In Criminal cases, the prosecution cannot present the bad character of the accused, it can
only presented by the prosecution during rebuttal.
in civil cases, either party can present character evidence for as long as it is an issue in the
civil case.
Special Rule on Character evidence for witnesses (Rule 132 sec 14)
Good or bad character of the witness can only be presented when it is impeached.
3. The Degree of Evidence

In Criminal, proof beyond reasonable doubt.
Is proof beyond reasonable doubt a question of fact or law?
The factual matters are a question of fact except that in certain instances because of the mode
of appeal and the gravity of the offense, the Court has no choice but to examine the same.
Take note that there is a different mode of appeal in cases of Death, Life Imprisonment, and
Reclusion Perpetua.
Take note of the mode of appeal because they may vary whether it be civil or criminal.
In Civil, preponderance of evidence.

How about preponderance of evidence, is the determination if there is cause if action a
question of fact or law?
The determination of whether or not there is a cause of action is a question of fact.
What is the degree of evidence required for administrative cases?

Substantial Evidence
Jinggoy Estrada v. Bersamin

There was a distinction made
Determination of probable cause Administrative Proceeding
Not an administrative case Adjudication on the merits
Hearsay evidence if there is some basis Full blown Trial is needed

may be considered
Substantial Evidence is required
Claims of fraud? Dolo causante dolo incidente

Clear and convincing evidence
Removal of judges?
Clear and convincing evidence
Distinction between conditional admissibility and curative admissibility
CONDITIONAL CURATIVE
Court determines that the Evidence is objectionable but

evidence you intend to present already admitted for the other party.
are objectionable
You tell the court that it is subject The court knows and you know
to certain conditions where you that the evidence is
will establish the necessary objectionable.
connection, relevancy, or
materiality of the evidence.
The court will allow you to You will be allowed to present
continue despite the evidence objectionable evidence to satisfy
being objectionable curative admissibility,
If the court deems it not
acceptable, then they will deny
such evidence.
People v Diaz (matter of admissibility of evidence) 2015

In citing the case of People v. Domado, objection to the admissibility of evidence cannot be
raised for the first time on appeal. The very moment that it is marked, identified, and offered,
it should have been objected to. Objecting it on appeal is already too late. When a party desires
for the court to reject an evidence offered he must so state in the form of an objection. In this
case, an appeal has already been filed and so the Court said that it has already been waived.
Concept of admissibility
Evidence is admissible if:
1. It is relevant
2. It is competent - not excluded by the rules
Can there be Rules of evidence that cannot be altered by Legislation?

Yes.
1. Right against self-incrimination
2. Right to confrontation
3. Right to cross examination
4. Right to compel witnesses to appear
JUDICIAL NOTICE RULE (RULE 129)

In all those enumerated in this rule, no presentation of evidence is required.
If it is a factual matter, it has to be established and proven. It cannot be subject to Judicial
Notice.
ex: Amount of rental fee, metes and bounds of a property, etc.
Sec 1. Mandatory Judicial Notice

• It is settled, established, and readily verifiable. There is no dispute about it.
• Forget about notoriety in Sec 1.
Ex:
Political History
Maritime courts
Laws of Nations
Official Acts of the Legislative, executive, and the Judicial
Sec 2. Discretionary Judicial Notice

• Notoriety comes into play.
• There is general knowledge.
1. public knowledge
2. unquestionable demonstration (ex: mathematical or statistical computation of the same
data)
3. that which the judge ought to know by reason of his judicial function (ex: Circulars of SC)
Any matter can be subject of judicial notice

During trial, the hearing here is not for the purpose of trial but for purposes of identifying the
matter subject of judicial notice.
After trial, before judgment or on appeal, the court can take judicial notice but only if it is
decisive of the outcome of the case.
ex:
The witness states that he saw the face of the accused because it was a full moon. In line with
the statement of the witness, the defence would want to prove that it was not a full moon at
the specific day and time that the witness said he saw the accused.
JUDICIAL ADMISSION
• requires no presentation of evidence
• May include any type of admission made in court
ex: In a complaint where there is an actionable document attached and there is no specific
denial under oath.
During PRETRIAL, offer for stipulation, depositions, made in the conduct of examination of
witnesses require no more proof.
Admission v. Confession
ADMISSION CONFESSION
a declaration of an act, acknowledgement of one’s criminal

declaration, or omission liability
Whether or not to follow rules in custodial investigation (i.e., presence of counsel and
in writing)
EXTRAJUDICIAL EXTRAJUDICIAL
ADMISSION CONFESSION
Made before a No No
private individual
Made before a Yes Yes

law enforcement
officer/peace
officer/barangay NOTE: that the waiver NOTE: that the waiver of
auxiliary peace of the presence or the presence or
enforcement assistance of a counsel, assistance of a counsel,
officer (e.g., should also be made in should also be made in
banatay bayan, writing and in the writing and in the
barangay tanod) presence of counsel. presence of counsel.
CASE LAW
Police officers were investigated administratively for what was claimed to be misconduct in
the commission or performance of their duties. The police said that it was a violation of their
rights because they were not assisted by a counsel.
Court: this is an administrative investigation and not an in-custody situation therefore the strict
requirement of custodial investigation will NOT apply. But because it is an administrative
investigation, i will have to follow the rule on Ang Tibay that pronounced the requirement of
administrative due process.
OBJECT EVIDENCE
When you present an object in Court, you are presenting it not for the purpose of the witness
but for the perception of the Court. The goal is to make the Court see it. If the object is of such
a nature that it cannot be moved from one place to another or it has been immobilized, you
can recommend an ocular inspection.
Our jurisprudence, when it talks about object evidence, would often refer to chain of custody.
Whether it be drugs, video, or audio (recording chain of custody). The rules may vary a little
depending on the object.
OBJECT PROCEDURE EFFECT
DRUGS 1. Marked in the place If the rules have been

where the items were strictly followed, the
Sec 21 of RA seized by the barangay court will consider the
9165 representative, illegal sibstance as
representative of the ADMISSIBLE.
media, representative of
the DOJ, and a law HOWEVER, the new
enforcement officer. rule is that so long as
the AUTHENTICTY and
EVIDENTIARY VALUE
NOTE: If this rule is not of the seized illegal
followed (e.g., marked in the substance is preserved,
police station), the chain of the Courts can accept
custody rule MAY HAVE its ADMISSIBILITY.
BEEN interrupted. The
Chain of Custody Rule
requires that what is
provided for in law should be
followed.
2. After seizure and marking,
it must be delivered to the
Crime laboratory for
Forensic Examination to
examine the nature of the
illegal substance until it is
presented in Court.
VIDEO AND 1. Establish that the person
AUDIO who took the recording
RECORDING had knowledge to
operate the machine.
2. Identify the machine.
3. Show that the by-product

of the recording has not
been tampered with or
spliced.
4. Show who was the

custodian after it has been
recorded.
DEMONSTRATIVE EVIDENCE
• These are evidence of a secondary character.
• These are pieces of evidence that will aid the court
• These are not the evidence that wear taken in the scene of the crime, or that were used in
the commission of the offense
EX: graphs, maps, sketches, charts
DOCUMENTARY EVIDENCE
REMEMBER:
1. Best evidence rule
2. Secondary evidence rule
3. Parole evidence rule
WHAT IS REQUISITES
PRESENTED
BEST When the
EVIDENCE contents of the
RULE document is the
subject of the
inquiry, then you
have to present
the original.
RATIO: Memory
can falter.
In the absence
of the original,
there could be
fabricated
documents that
can be
presented.
SECONDARY 1. In case of May present 1. Establish
EVIDENCE loss or the following in the
RULE destruction of this order: existence
the document a. A copy of the
without fault on b. Recital in document
the part of the some 2. Establish
offeror, authentic the
documents execution
c. Testimony of the
of document
witnesses 3. Establish
that it has
been lost
or
destroyed
with no
fault on the
part of the
offeror.
WHAT IS REQUISITES
PRESENTED
2. If the May present 1. Establish
document is in the following in the
the custody of this order: existence
the adverse a. A copy of the
party. b. Recital in document
some 2. Establish
authentic the
documents execution
c. Testimony of the
of document
witnesses 3. There has
been
notice to
the other
party who
is in
possession
of the
document
to produce
it.
4. Despite
timely
notice, he
did not
produce it.
3. Long and
voluminous
records and
documents
RATIO: It only
establishes a
general fact or
result. The
content is not in
issue.
Ex: Prove the
income for the
last 15 years -
all invoices are
not needed.
4. That the a. Certified
document is in True Copy –
the custody of a substitutionary
public officer or evidence
recorded in a
public office.
WHAT IS REQUISITES
PRESENTED
PAROLE What is in the
EVIDENCE document is the
repository of
what the parties
have agreed
upon.
EXCEPTIONS:
There are times
when what is
included in the
document in not
exactly what the
parties have
agreed.
You can only

produce
extraneous
evidence or
parole evidence
when you put it
in issue in the
pleadings. In
such case, you
can modify,
revise, or add.
EXCEPTIONS:
1. intrinsic
ambiguity
2. mutual
mistake
3. imperfection
4. when what is
in the
document is
not reflective
of the true
intent of the
parties
there is an
agreement
5. subsequent
to the prior
document
6. validity
Shangri-La Case
Do you need to present the Original if what is to be established is whether the document
exists?
NO. When the matter subject of the inquiry is not the content of the document but whether or
not it exists, the Original need not be presented. A photocopy would suffice. Therefore there
are other evidence that can be used like testimonial evidence, photocopy of the original
document, or a USB that would show such, or a microfilm.
TRANQUIL: When I say “EXCEPTIONS” to the Best Evidence Rule, I am talking about
Secondary Evidence already.
ORIGINAL EVIDENCE
• Where the contents of the document is the subject of the inquiry
EX:
a. entries made in the regular course of business at or near the time of the transaction
b. execution of documents of what you call duplicate originals at or about the same time.
TESTIMONIAL EVIDENCE
• Who are qualified to be witnesses
1. Those who are able to perceive and
2. Perceiving could make known his perception to another
§ Only requisite; Not required to be educated or able to read and write
§ Can a deaf-mute testify?
• YES. In the case of People v. Aleman, if the deaf-mute was able
to perceive with his remaining senses, and upon production in
Court, can make known his perception in Court.
• Child Examination Rule (Tacorda v. Clemens)
o The duty of the judge is to conduct a competency examination.
§ Ascertain that the child is
• able to perceive
• make known his perception to another
• knows the consequences of his actions and what is right from
what is wrong
o Consistent with Rule 132, you could ask leading questions.
o Applies in civil, criminal, and administrative cases
• Other disqualifications
1. By reason of marriage
§ Valid and pre-existing marriage
• EXCEPTION: Even if you remain to be married, but your
relationship is so strained and there is no union to protect, then
disqualification cannot be invoked.
§ Only extends during the time of marriage
2. Dead man’s statute
§ Who are disqualified
• Parties to a case
• Assignors to parties of a case
§ Applies only to cases that involves a claim against the estate of
• a deceased person or
• a person of unsound mind
§ What other evidence may be used?
• Documentary evidence (Sanson)
• Testimonial evidence as to witnesses to the transaction, who did
not take part in the transaction
• Can a mental retardate testify?

o People v. Rosales: If it’s light mental retardation, the person may testify. The
basis of the determination is the mental age, not the physical age.
• Can an affidavit (not judicial affidavit) be presented in Court?

o YES. However, if it is not subjected to cross examination, it is unreliable
according to People v. Corpus.
• Privileged communication
1. Penitent and Priest Privilege
§ Limited application to religious institutions and orders which require a
confession i.e. Roman Catholic
§ Must be enjoined by religious institutions to which they belong
§ As to pastors and reverends, the disqualification does not apply.
2. Doctor and Patient
§ Requisites
a. That the doctor received information
b. Information was necessary for the doctor to give treatment and
advice
c. Information, not the illness, if exposed, would blacken the
reputation
§ Only extends to civil cases, not criminal cases
§ Privilege in favor of the patient
§ Waiveable in the instance of the patient
§ Is a laboratory record covered by the privilege?
a. YES, if necessary for the doctor to give treatment and advice.
§ Case: Wife wanted to subpoena the medical records of the husband to
prove the latter has a mental problem to obtain a declaration of nullity
of marriage. SC did not answer it directly; declared such premature
because not yet in trial. However, this might be instructive. The SC said
that if it were a production of books, papers, and documents under Rule
27, privileged communication may be invoked.
3. Attorney-Client
§ Requisites
a. That there should be an attorney-client relationship
b. That the information received by the attorney in view to or in the
course of
c. Disclosure of material information
§ Conflict of interest?
a. An attorney-client relationship must be clearly established.
§ That which is covered by this privilege are all the information received
by the lawyer in his professional capacity.
§ Only the privilege under the law where you will find an agency, thus
extends to the stenographer, secretary, or Clerk of Court
a. Waiveable? YES, only in the instance of the client and the
lawyer.
4. Spousal privilege
§ Requisites
a. Valid and existing marriage
b. Information received in confidence
§ Even after the dissolution of marriage, can the privilege be invoked?
YES.
• Can a witness be compelled to testify on his previous conviction?

o YES. Rule 132, Sec. 3.
• Can a witness be compelled to testify when it raises a civil claim against him?
o YES. Right to self-incrimination may not be raised.
• Filial Privilege (Emma Lee v. CA)

o Affects ascendants and descendants; Must be related by blood
o May not be compelled to testify. Thus, if he volunteers to testify, there is no filial
privilege.
• Admission v. Declaration against Interest
Admission Declaration
Person to attest to the act, declaration or Person is dead or unavailable to testify
admission is present to testify
• Self-serving Statement
o Unsworn statements made out of court
o Inadmissible? YES, for reasons of being hearsay.
• Admission by a third party or res inter alia

o GR: Rights of a party cannot be prejudiced by act, declaration, or admission of
another.
o EXCEPTION
§ Admission by a co-partner or an agent
a. The agency or partnership is established by a fact other than the
admission.
b. The act was made during the time the relationship was in
existence with authority.
§ Admission by a co-conspirator (applies only to out-of-court proceeding)
a. Conspiracy should have been established other than by the
admission
b. Common design
c. Statement was made during the time that the conspiracy exists
• Admissibility v. Probative Value
Admissibility Probative Value

Determines whether evidence be Determines whether evidence proves
considered the issue
• Judicial Privilege
o Privilege of the judiciary; Cannot open the records of a case
o Could be invoked by any judge or justice of the court
o Waiveable only upon the instance of the Supreme Court en banc
• Admission by silence
o Villanueva v. Balaguer
§ There was a publication and A suspected he was the one being
pertained therein. The publication said there was someone in this
company that removed this person. So when A read the publication, he
wrote a letter saying “We would like to inform you that the Operations
Executive you referred to in the press statement is not our client. We
shall construe your failure to reply within 48 hours from receipt of
this letter as your unequivocal admission that you are in fact
referring to my client.” The publication did not respond. Is there an
admission by silence? SC held that petitioner’s argument lacks merit.
One cannot prove his claim by placing the burden of proof on the
other. He cannot make an evidence just by writing a letter to another.
§ The rule on admission by silence applies to adverse statements in
writing if the party was carrying on a mutual correspondence.
• Similar conduct as evidence

o The fact that you did or did not do an act at some time does not mean that you
did or did not do an act at another time.
o Examples:
1. Just because you have never stolen anything does not mean that you
will never steal anything.
2. Just because you stole in one place does not mean you will also steal
in another.
o The purpose of this provision is to limit the proof of facts to the subject of the
case, to avoid confusion.
o The minimum requirement of the law is that if you are to prove an offense, you
prove the elements of the crime. You cannot refer to other offenses.
o However, such previous conduct could be established to show a
pattern/motive/intent/scheme.
• Hearsay
o Is there a presumption of hearsay? No.
o What is an independent relevant statement?
o Two kinds of independent relevant statements:
1. Based on the fact in issue; and
2. Based on circumstantial evidence of the fact in issue.
o Example: I told Mr. A I stabbed X. Can Mr. A testify? Yes, as to the fact that I
narrated to him that I stabbed X. That is not hearsay. That is an independent
relevant statement. But as to the truthfulness of whether or not I stabbed X,
that will have to be established independently.
• Dying declaration
o The person making the declaration is under the consciousness of an impending
death. He is aware that he’s dying.
o He will only narrate matters and circumstances surrounding his death. Other
matters are useless.
o The dying person should be competent if he were to testify.
o The recipient of the declaration should likewise be competent.
o Does the principle of a dying declaration extend to civil cases? Yes.
o What if declarant eventually survives (i.e. due to timely medical intervention)?
That will be considered as res justae.
o If the dying person testifies, that is not res justae; that is personal knowledge.
o What is res justae? The recipient of the declaration who will later testify as to
his condition when he believed himself to be dying.
• Declaration against interest

o The person is dead or unavailable to testify.
o Admissible because circumstances according to human nature render it
improbable to falsify
• Declaration as to pedigree
o Pedigree is the history of family descent.
o The person is dead or unavailable to testify.
o Should the witness be a relative of the declarant? No. But declaration should
have been made prior to the controversy.
o Person whose pedigree is in issue should be related to the declarant by birth
or marriage. And relationship should be a legitimate relationship.
• Reputation
o How people perceive you to be
o On family reputation, who should testify? Any member of the family, prior to the
controversy.
o Common reputation
§ Public or general interest
• Public – common to all citizens of the State
• General – common to a single community
§ As to marriage
§ As to moral character
• Two kinds of res justae

a. A spontaneous statement arising from a startling occurrence
§ No room to fabricate or think, just natural and spontaneous statements
§ Law says “immediately prior, during or subsequent to”
§ People v. Estibal
• There is no hard and fast rule, but there are a number of factors
to be considered, including:
a. the time that has lapsed between the occurrence of the
act and the making of the statement
b. the place where the statement was made
c. the condition of the declarant when the utterance was
given
d. presence or absence of intervening events
• Once there is an intervening event, there may be
room to fabricate.
e. The nature and circumstances of the statement itself
b. A verbal act
• There is an equivocal act that should be a statement that gives legal
significance to an otherwise equivocal act.
• Entries in the regular course of business
o Land Bank of the Philippines v. Onate

§ There were passbooks claimed to be entries in the regular course of
business.
§ Certain funds were misdirected to another account holder. There was a
dispute as to how to recover the amounts. They were thus insisting that
the recordings in the bank accounts are entries in the regular course of
business.
§ But when you talk of entries in the regular course of business, it should
comply with the following requirements:
a. The person who made the entry is dead or unavailable.
• In bank accounts or passbooks, person still alive
b. The act was made at or near the time of the transaction
• We wouldn’t know when you talk about passbooks.
c. The entrant should note the facts.
d. Entries must have been made in his regular capacity or in the
performance of his duty, in the regular course of business.
• Official records
o In government offices as an exception to the hearsay rule: Yes, because such
official records are prima facie evidence of what are contained therein.
• Commercial list
o Requisites:
a. Used by the members of the profession; and
b. Relied upon.
o Example: SCRA
• Learned treatises
o Scholarly works on fields of history, science, law and the arts
o Why is it hearsay? Because author will not be presented in court.
o Who will be presented? Court has an option.
a. Judicial notice
b. Expert in the field in the Philippines to attest to the expertise of the
author
• Expert evidence
o Expert is not required to be schooled or a degree holder. Minimum requirement
of law is special skill, knowledge and training
o But witness has to be qualified.
o Ordinary witness gives an opinion.
o Party can give an opinion on behavior, emotion, condition and appearance.
• Conclusive presumptions
o Estoppel in paise
§ Requisites:
a. Lack of knowledge and means of knowledge of the truth
b. Relied upon the conduct of the other party; and
c. Acted on the matter.
o Estoppel by deed – estoppel at the time of execution of the document
• Burden of proof
o Means the obligation imposed upon a party who alleges the existence of a fact
or thing necessary in the presentation, prosecution or defense of an action to
establish it by proof
• Burden of evidence
o Logical necessity that rests upon a party at any particular time during the trial
to create a prima facie case in his favor
• Burden of proof vs. burden of evidence

o Burden of proof remains with a party from beginning to end.
o Burden of evidence shifts
• Presumption
o Inference of the existence or non-existence of facts which the court is required
to draw from the proof of other facts
o Examples: presumption of regularity of duty, presumptive death after 7 years
for purposes other than succession, presumptive death after 10 years for
purposes of opening the estate, presumption on survivorship based on age and
strength of the sexes
o Will survivorship apply to succession? No. The provision of the law says
“except as to matters of succession.” In succession, whoever alleges the death
of one over the other will have to prove it. In case of absence of proof, they are
deemed to have died at the same time. (Rule 131)
o Disputable presumption arises because certain facts exists and until such time
as it is destroyed, it remains a disputable presumption.
o Presumption vs. prima facie evidence
§ Presumption is just an inference on a set of facts.
§ Prima facie evidence is an amount of evidence sufficient in a particular
case to pass a judgment
o Classifications of presumptions:
1. Conclusive
2. Disputable
o Rule 132
o 3 sets:
1. Sections 1-18: conduct of proceedings in court
2. Sections 19-33: authenticity of documents
3. offer of evidence
o Proceedings in court have to be recorded.
o Primary mode of recording: steno-type or stenography
o Every witness said to be qualified must be placed under oath or affirmation.
o Examination of witnesses: direct, cross, redirect and recross
o Judicial Affidavit Rule: MTC
o All civil cases today, judicial affidavit
o In criminal cases, if penalty does not exceed 6 years, judicial affidavit: MTC.
o Continuous Trial Rule added affidavits of law enforcements officers and
affidavits during preliminary investigations.
o In criminal cases, if penalty exceeds 6 years, under Judicial Affidavit Rule, it
should be by oral presentation of witnesses except if the accused consents.
o Continuous Trial Rule said if demeanor evidence is not required, if the evidence
is just documentary, and if it is transactional in nature (malversation,
falsification, estafa), judicial affidavit will be accepted. But all eyewitnesses will
have to be oral testimonies in court.
o Can you object to the questions in a judicial affidavit? Yes, before you conduct
your cross-examination.
o Purpose of direct examination is to establish the evidence in chief.
o Purpose of cross examination is to elicit information, to impeach
§ Ways to impeach (Sections 11 and 13)
• Prior inconsistent statement
• Contrary evidence
• General reputation for truth, honesty and integrity is bad
o Matters in cross examination should be limited to matters subject to direct
examination.
o Purpose of a redirect examination is to ask the witness to supplement or to add.
Section 16. When witness may refer to memorandum. — A witness may be allowed to
refresh his memory respecting a fact, by anything written or recorded by himself or
under his direction at the time when the fact occurred, or immediately thereafter, or at
any other time when the fact was fresh in his memory and knew that the same was
correctly written or recorded; but in such case the writing or record must be produced
and may be inspected by the adverse party, who may, if he chooses, cross examine the
witness upon it, and may read it in evidence. So, also, a witness may testify from such
writing or record, though he retain no recollection of the particular facts, if he is able to
swear that the writing or record correctly stated the transaction when made; but such
evidence must be received with caution. (10a)
• A memorandum could be used to refresh a witness.

o If the witness prepared the memo, or it was made under his direction, or he had
knowledge of the facts at the time it was being prepared, he is allowed to
refresh. This way, the evidence is his testimony. (present recollection
refreshed)
o But if he has completely no recollection of the document but it was something
prepared by him, or was made under his direction, or he had knowledge at the
time it was being prepared, and he cannot remember the document, the
evidence is the document. (past recollection recorded)
Section 17. When part of transaction, writing or record given in evidence, the remainder,
the remainder admissible. — When part of an act, declaration, conversation, writing or
record is given in evidence by one party, the whole of the same subject may be inquired
into by the other, and when a detached act, declaration, conversation, writing or record
is given in evidence, any other act, declaration, conversation, writing or record
necessary to its understanding may also be given in evidence. (11a)
Section 18. Right to respect writing shown to witness. — Whenever a writing is shown
to a witness, it may be inspected by the adverse party. (9a)
B. AUTHENTICATION AND PROOF OF DOCUMENTS
Section 19. Classes of Documents. — For the purpose of their presentation 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 acknowledge before a notary public except last wills and
testaments; and
(c) Public records, kept in the Philippines, of private documents required by law
to the entered therein.
All other writings are private. (20a)
• Asian Terminal vs. Philam Insurance: Public documents are self-authenticated and
do not further require any authentication in order to be presented as evidence in
court. Hence if it is a private document recorded in a public office, just present a
certified true copy.
• Kummer vs People: In a chemistry report, there is no need to present the forensic

chemist who conducted the paraffin test because the chemistry report is a public
document.
• If you present a notarized document duly acknowledged before a notary public is a

public document. Present the notarized document itself or a copy.
• Riosa vs. La Suerte: Notarial document is evidence of the facts stated therein. And has
a presumption of regularity. Irregular notarization downgrades the document into a
private document and needs to be evidenced.
Section 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.
Any other private document need only be identified as that which it is claimed to be.
(21a)
• Private documents need to be authenticated.
• A medical certificate is hearsay if its probative value is not based on the knowledge of
the witness but on the knowledge of another person.
Section 21. When evidence of authenticity of private document not necessary. — Where
a private document is more than thirty years old, is produced from the custody in which
it would naturally be found if genuine, and is unblemished by any alterations or
circumstances of suspicion, no other evidence of its authenticity need be given. (22a)
Section 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 by
a comparison, made by the witness or the court, with writings admitted or treated as
genuine by the party against whom the evidence is offered, or proved to be genuine to
the satisfaction of the judge. (23a)
Section 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 third person, of the fact which gave rise to their execution and of the
date of the latter. (24a)
Section 24. Proof of official record. — The record of public documents referred to in
paragraph (a) of Section 19, 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 foreign country, the certificate may be made by a secretary of the
embassy or legation, consul general, consul, vice consul, or consular agent or by any
officer in the foreign service of the Philippines stationed in the foreign country in which
the record is kept, and authenticated by the seal of his office. (25a)
Section 25. What attestation of copy must state. — Whenever a copy of a document or
record is attested for the purpose of evidence, the attestation 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. (26a)
Section 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 upon order of a court where the inspection of the record is essential to the just
determination of a pending case. (27a)
Section 27. Public record of a private document. — An authorized public record of a

private document may be proved by the original record, or by a copy thereof, attested
by the legal custodian of the record, with an appropriate certificate that such officer
has the custody. (28a)
Section 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 by
a certificate as above provided, is admissible as evidence that the records of his office
contain no such record or entry. (29)
Section 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) fraud in the party offering the record, in respect to the
proceedings. (30a)
Section 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 execution of
the instrument or document involved. (31a)
Section 31. Alteration in document, how to explain. — The party producing a document
as genuine which has been altered and appears to have been altered after its execution,
in a part material to the question in dispute, must account for the alteration. He may
show that the alteration was made by another, without his concurrence, or was made
with the consent of the parties affected by it, or was otherwise properly or innocent
made, or that the alteration did not change the meaning or language of the instrument.
If he fails to do that, the document shall not be admissible in evidence. (32a)
Section 32. Seal. — There shall be no difference between sealed and unsealed private
documents insofar as their admissibility as evidence is concerned. (33a)
Section 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 before trial. (34a)
C. OFFER AND OBJECTION
Section 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 specified.
(35)
• For testimonial evidence, before the witness testifies, the evidence must first be offered
• But for exhibits, e.g. objects, formal offer should be on the last day of the presentation
of witnesses (following the continuous trial and judicial affidavits rule). Therefore we
have: Exhibit Letter; Purpose; Then the court decides.
Section 35. When to make offer. — As regards the testimony of a witness, the offer must
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
testimonial evidence. Such offer shall be done orally unless allowed by the court to be
done in writing. (n)
Section 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 unless a different period is allowed by the court.
In any case, the grounds for the objections must be specified. (36a)
• An objection should be raised at the very first instance that the question seems to be
objectionable. Else, the remedy is to move to strike out the answer. The judge need
not give the reason for ruling on an objection.
• But if there is a repeated objectionable question, or the same class or series of

question, you could raise a continuing objection to the line of questioning. And the
judge need not resolve this.
Section 37. When repetition of objection unnecessary. — When it becomes reasonably

apparent in the course of the examination of a witness that the question being
propounded are of the same class as those to which objection has been made, whether
such objection was sustained or overruled, it shall not be necessary to repeat the
objection, it being sufficient for the adverse party to record his continuing objection to
such class of questions. (37a)
Section 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.
The reason for sustaining or overruling an objection need not be stated. However, if the
objection is based on two or more grounds, a ruling sustaining the objection on one or
some of them must specify the ground or grounds relied upon. (38a)
Section 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
incompetent, irrelevant, or otherwise improper. (n)
Section 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 personal circumstances of the witness and the substance of the
proposed testimony. (n)
RULE 133
Weight and Sufficiency of Evidence
Section 1. Preponderance of evidence, how determined. — In civil cases, the party

having burden of proof must establish his case by a preponderance of evidence. In
determining where the preponderance or superior weight of evidence on the issues
involved lies, the court may consider all the facts and circumstances of the case, the
witnesses' manner of testifying, their intelligence, their means and opportunity of
knowing the facts to which there are testifying, the nature of the facts to which they
testify, the probability or improbability of their testimony, their interest or want of
interest, and also their personal credibility so far as the same may legitimately appear
upon the trial. The court may also consider the number of witnesses, though the
preponderance is not necessarily with the greater number. (1a)
Section 2. Proof beyond reasonable doubt. — In a criminal case, the accused is entitled
to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a degree of proof, excluding possibility of error,
produces absolute certainly. Moral certainly only is required, or that degree of proof
which produces conviction in an unprejudiced mind. (2a)
Section 3. Extrajudicial confession, not sufficient ground for conviction. — An

extrajudicial confession made by an accused, shall not be sufficient ground for
conviction, unless corroborated by evidence of corpus delicti. (3)
Section 4. Circumstantial evidence, when sufficient. — Circumstantial evidence is

sufficient for conviction if:
(a) There is more than one circumstances;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction

beyond reasonable doubt. (5)
Section 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. (n)
Section 6. Power of the court to stop further evidence. — The court may stop the
introduction of further testimony upon any particular point when the evidence upon it
is already so full that more witnesses to the same point cannot be reasonably expected
to be additionally persuasive. But this power should be exercised with caution. (6)
Section 7. Evidence on motion. — When a motion is based on facts not appearing of

record the court may hear the matter on affidavits or depositions presented by the
respective parties, but the court may direct that the matter be heard wholly or partly on
oral testimony or depositions. (7)
WRIT OF AMPARO
• It is available to any person whose life, liberty and security is violated or threatened
with violation.
• It includes: unlawful act or omission of a public official or private entity; extrajudicial

killings and enforced disappearances.
• Who may file:

o 1) member of the immediate family, spouse, children, parents
o 2) any ascendant or descendant or collateral relative within the 4th civil degree
of consanguinity or affinity (in default of the primary one)
o 3) concerned citizen or association if no known relative is known
• Where to file:
o RTC, SB, CA, SC
• Where is it returnable?
o RTC: RTC judge himself
o CA/SB: CA or SB or RTC
o SC: SC or CA or SB or RTC
• Do you need to pay filing fees?

o No docket fees or other lawful fees
• If on its face the judge believes, he can grant it. In case of urgent necessity, judge or
justice can grant it under his own hand and may deputize someone to serve the same.
• Proceeding is summary. Date and time shall not be more than 7 days from the
issuance of the writ.
• If there is refusal to serve the writ, he could be held liable for contempt and
administratively liable.
• It shall be served personally or if unsuccessful by substituted service.
• The writ should contain lawful defenses or steps or action taken to determine the
whereabouts of the person
• Intention: bring the person whose whereabouts are not known to the eyes of the law
• General denial is not allowed.
• Diligence required of a public official: extraordinary diligence
• Diligence required of a private indicidual: ordinary diligence

• Period to render judgment: 10 days from the time petition is submitted for decision
• Mode of appeal: Rule 45
• Interim reliefs: (1) TRO which can be granted by the courts motu proprio or upon motion
wherein the aggrieved party can be placed and protected in a government agency; (2)
inspection order upon a verified motion which will allow an entry into the premises; (3)
production order of books and documents in connection with the missing person; (4)
witness protected order
WRIT OF HABEAS DATA
• It is a remedy available for violation of one’s privacy or right to life, liberty and security,
and this extends to information about himself, his family or his home.
• Who may file:

o GR: any aggrieved party
o But if it involves extrajudicial killings and disappearance:
§ 1) member of the immediate family, spouse, children, parents
§ 2) any ascendant or descendant or collateral relative within the 4th civil
degree of consanguinity or affinity (in default of the primary one)
§ 3) concerned citizen or association if no known relative is known
• Where to file:
o RTC, SB, CA, SC
• Do you need to pay filing fees?

o Yes unless you are an indigent
• Relief sought: destroy the information or have it recovered or suppressed because it

affects your privacy.
• Defenses not raised in a return is considered waived.
• Prohibited pleadings: more or less same in summary proceedings
• Note: The case can proceed ex parte
• When will the court impose contempt: refusal to file a return or disobeys the court. The
degree of evidence required is substantial evidence
• In the matter of issuance of a writ of Amparo of Lilibeth Ladaga: The summary nature
of amparo proceedings, as well as, the use of substantial evidence as standard of proof
shows the intent of the framers of the rule to address situations of enforced
disappearance and extrajudicial killings, or threats thereof, with what is akin to
administrative proceedings.
In this case there was a certain measure of flexibility. The reason is difficulty to get
evidence.
This measure of flexibility in the admissibility of evidence, however, does not do away
with the requirement of substantial evidence in showing the State's involvement in the
enforced disappearance, extrajudicial killing or threats thereof. It merely permits, in the
absence of hard-to-produce direct evidence, a closer look at the relevance and
significance of every available evidence, including those that are, strictly speaking,
hearsay where the circumstances of the case so require, and allows the consideration
of the evidence adduced in terms of their consistency with the totality of the evidence.
WRIT OF HABEAS CORPUS
Datukan Malang Salibo vs. Warden of Quezon City: In this case, a petition was filed in
CA. Now the question is can the petition of a writ of habeas corpus be returnable to
the RTC? Yes.
In this case, Salibo was detained. The warrant or arrest contains a different name.
Should the writ of habeas corpus be granted? Yes. Because he as detained not for a
lawful purpose and because it is a question of wrong identity.

Remedial Preweek Lecture

Caricato da

Informazioni sul documento

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Remedial Preweek Lecture

Caricato da

Copyright:

Formati disponibili

Atty.

Tranquil Salvador III Preweek Lecture (November 20 – 21, 2017)

Motion for Reinvestigation

RTC Jurisdiction: Criminal Cases

• The jurisdiction of the RTC in criminal cases is imprisonment exceeding 6 years

MTC Jurisdiction: Criminal Cases

Jurisdiction of Barangay Conciliation

o The answer is yes.

DOJ Preliminary Investigation

o Theory of the prosecution: it was a violation of a Dangerous Drugs Law. You

Section 6. Sufficiency of complaint or information. — A complaint or information is sufficient

Section 14. Amendment or substitution. — A complaint or information may be amended, in

RULE 111 - Prosecution of Civil Action

- Once a criminal action is instituted, civil is likewise instituted unless it is waived,

Prohibited pleadings in a criminal case

Do you need to reserve an independent civil action? – NO

Section 6. Suspension by reason of prejudicial question. — A petition for suspension of the

• Is the finding of the inquest prosecutor subject to a motion for reconsideration?

Bail As A Matter of Right Bail As A Matter of Nonbailable Offenses

Can you still apply for bail?

GR: After conviction by the - Yes, by applying for a

o Only in the court where the action is pending

Judicial Affidavit Rule in Criminal Cases

Note: Eyewitness accounts are always thru oral testimony

Plea of Guilt to A Lesser Offense

Motion to Quash v. Provisional Dismissal

6) The information contains more than

After the time-bar, the provisional dismissal

From when is the time- bar counted?

PreTrial: Criminal Cases

Postponement of Criminal Case

Speedy Trial v Speedy Disposition

Discharge of Accused as a State Witness

Motion for a New Trial

• To be filed during the reglementary period

Q: Does the Sandiganbayan have Jurisdiction over civil Forfeiture cases?

Q: Is the rule of Evidence applicable in all courts in the Philippines?

3. The Degree of Evidence

In Civil, preponderance of evidence.

What is the degree of evidence required for administrative cases?

Jinggoy Estrada v. Bersamin

Determination of probable cause Administrative Proceeding

Not an administrative case Adjudication on the merits

Hearsay evidence if there is some basis Full blown Trial is needed

Claims of fraud? Dolo causante dolo incidente

Distinction between conditional admissibility and curative admissibility

Court determines that the Evidence is objectionable but

People v Diaz (matter of admissibility of evidence) 2015

Can there be Rules of evidence that cannot be altered by Legislation?

JUDICIAL NOTICE RULE (RULE 129)

Sec 1. Mandatory Judicial Notice

Sec 2. Discretionary Judicial Notice

Any matter can be subject of judicial notice

a declaration of an act, acknowledgement of one’s criminal

Made before a Yes Yes

OBJECT PROCEDURE EFFECT

DRUGS 1. Marked in the place If the rules have been

2. Identify the machine.

3. Show that the by-product

4. Show who was the

EX: graphs, maps, sketches, charts

You can only

• Can a mental retardate testify?

• Can an affidavit (not judicial affidavit) be presented in Court?