CHAMMY NOTES FOR REMEDIAL LAW

SUBSTANTIVE LAW VS. REMEDIAL LAW

Substantive law creates, defines and regulates rights and duties concerning life, liberty and
property, violation of which would give rise to a cause of action.
On the other hand, Remedial Law prescribes the methods of enforcing the rights and duties created
by substantive law, by providing remedies for redress of violations and invasions of such rights
and duties, and by laying out rules on how suits are filed, tried and decided by the courts.

LIMITATIONS ON THE RULE-MAKING POWER OF THE SUPREME COURT

1. Simplified and inexpensive procedure;
2. Uniform in all courts of the same grade;
3. Must not diminish, increase, or modify substantive rights. *

A PARTY WHO HAS INVOKED THE JURISDICTION OF THE COURT IN SEEKING

AFFIRMATIVE RELIEF CANNOT LATER ON DENY THAT SAME JURISDICTION TO
ESCAPE LIABILITY.

CONCURRENCE OF JURISDICTION DOES NOT ALLOW OR GRANT THE PARTY

SEEKING RELIEF THE ABSOLUTE FREEDOM TO FILE THE PETITION IN ANY COURT
OF HIS OWN CHOICE.
 PRINCIPLE OF JUDICIAL HIERARCHY
 DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY
 ERROR OF JURISDICTION VS. ERROR OF JUDGMENT
In error of jurisdiction, the court acted without or in excess of jurisdiction, amounting to
grave abuse of discretion. The remedy would be Petition for Certiorari under Rule 65. A
judgment tainted with an error of jurisdiction is a nullity.
In error of judgment, the court is vested with jurisdiction, but in the process of the exercise
of that jurisdiction, it committed mistakes in the appreciation of facts and evidence, leading
to an erroneous judgment. An erroneous judgment is not a void judgment, which is why the
remedy in this case would be an appeal.
 DOCTRINE OF PRIMARY JURISDICTION/ PRIMARY ADMINISTRATIVE
JURISDICTION
 DOCTRINE OF ADHERENCE OF JURISDICTION/ CONTINUITY OF JURISDICTION
INDIGENT PARTY (RULE 141)
 Gross income do not exceed double the monthly wage
 Do not own real property with FMV of more than P300,000
INDIGENCY TEST (RULE 3)
 No money or property sufficient and available for food, shelter and basic necessities for him
and his family.

JURISDICTION OF THE MTC

1. Gross value, claim or demand does not exceed P300,000 (outside MM) or does not exceed
P400,000 (MM) in APAD:
a. Actions involving personal property, depending on the value;
b. Probate proceedings;
c. Admiralty and maritime cases;
d. Demand for money
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2. Assessed value or interest in the real property does not exceed P20,000 (outside MM) or
P50,000 (MM) in:
a. Actions involving title to or possession of real property or any interest therein.
3. Inclusion or exclusion of voters;
4. Cases falling under the 1991 Rules of Summary Procedure;
5. Cases falling under the Rules of Procedure for Small Claims Cases
6. Special Jurisdiction: Habeas corpus or application for bail
7. Delegated Jurisdiction: Cadastral and land registration cases

TOTALITY RULE
Where there are several claims or causes of actions between the same parties, alleged in the same
complaint, the amount of the demand shall be the totality of all such claims, regardless of whether
they arose out of the same or different transactions.

JURISDICTION OF THE RTC

1. Gross value, claim or demand exceeds P300,000 or P400,000 in APAD:
a. Actions involving personal property;
b. Probate proceedings;
c. Admiralty and maritime cases;
d. Demands for money
2. Assessed value of real property exceeds P20,000 or P50,000 in:
a. Actions involving title to or possession of real property or any interest therein
3. Actions incapable of pecuniary estimation;
4. Cases not within the exclusive jurisdiction of any other court, tribunal, etc.
5. Cases under the SRC (intra-corporate disputes, etc)

JURISDICTION OF THE FAMILY COURTS:

1. Guardianship, custody of children, habeas corpus involving children;
2. Adoption and revocation thereof;
3. Annulment, declaration of nullity of marriage, property relations;
4. Summary judicial proceedings under the Family Code;
5. Support, acknowledgement;
6. RA 7610
7. RA 9165 involving minors;
8. RA 9262 (VAWC)
9. Declaration of children as abandoned, neglected, or dependent/ voluntary and involuntary
commitment of children/ suspension, termination or restoration of parental authority

CIVIL ACTION: One party sues another for the enforcement or protection of a right, or prevention
or redress of a wrong.
CRIMINAL ACTION: State prosecutes a person for an act or omission punishable by law.
SPECIAL PROCEEDINGS: A person seeks to establish a status, right or a particular fact.

SPECIAL CIVIL ACTIONS UNDER THE ROC

1. Interpleader
2. Declaratory Relief and Similar Remedies
3. Review of Judgments and Final Orders or Resolutions of the COMELEC and COA
4. Certiorari, Prohibition, and Mandamus
 CHAMMY NOTES FOR REMEDIAL LAW

5. Quo Warranto
6. Expropriation
7. Foreclosure of Real Estate Mortgage
8. Partition
9. Forcible Entry and Unlawful Detainer
10. Contempt

IN PERSONAM: Seeks to enforce personal obligation or liability; binding only upon the person.
IN REM: Directed against the thing itself; binding against the whole world.
QUASI IN REM: Names a person as a defendant, but the purpose is to subject his interest over a
particular party to a corresponding lien or obligation.

FAILURE TO STATE A CAUSE OF ACTION: Allegations are insufficient (Rule 16)

LACK OF CAUSE OF ACTION: Failure to prove or establish by evidence that one has a cause of
action; after the plaintiff has presented evidence, on the ground that he has shown no right to the
relief sought. (Rule 33)

REAL PARTY IN INTEREST VS. LOCUS STANDI

A real party in interest is one who stands to be benefited or injured by the judgment in a suit, or
one who is entitled to the avails of a suit. On the other hand, locus standi means a personal and
substantial interest in a case, such that a party sustained or will sustain direct injury as a result of
the (governmental) act complained of.

INDISPENSABLE PARTY VS. NECESSARY PARTY

An indispensable party is the real party in interest, without whom no final determination could be
had in an action. It is mandatory that the indispensable party be impleaded.
A necessary party, on the other hand, ought to be joined as a party to the case so that complete
determination thereof may be had. It is not mandatory to include a necessary party; but if the court
orders that he be impleaded, failure to do so is tantamount to a waiver of the claim against such
necessary party.

KINDS OF SPECIFIC DENIALS

ABSOLUTE DENIAL: Specifies each material allegation, the truth of which he does not admit, and
whenever practicable, sets forth the matters upon which he relies to support his denial.
PARTIAL DENIAL: Does not make a total denial of the specific paragraph, but denies only a part
of the averment.
DISAVOWAL OF KNOWLEDGE: Defendant alleges that he is without knowledge sufficient to form
a belief as to the truth regarding a material averment in the complaint.

NEGATIVE PREGNANT: A negative which also implies an affirmative; although stated in a

negative form, it really admits the allegations to which it relates.

REMEDIES OF A DEFENDING PARTY DECLARED IN DEFAULT

1. Motion to set aside order of default (FAME + Affidavit of merit stating that he has a
meritorious defense; after order of default but before judgment is rendered)
2. Motion for New Trial (FAME)
3. Appeal from the judgment
4. Petition for relief from judgment (FAME + 60+6 Rule)
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5. Petition for Certiorari

AMENDED PLEADING VS. SUPPLEMENTAL PLEADING

The ground for amendment of pleading exists at the time of filing of the original pleading, while the
ground for supplemental pleading arose after the first one was filed.
Amendment of pleading is either a matter of right or discretionary upon the court, while a
supplemental pleading is always filed with prior leave of court.
An amended pleading supersedes the original, while a supplemental pleading exists side-by-side
with the original.

SUMMONS
Domestic Private Juridical Entity:
1. President
2. General Manager
3. Managing Partner
4. Corporate Secretary
5. Treasurer
6. In-house counsel
Foreign Private Juridical Entity:
1. Resident agent;
2. If there is no resident agent: upon the government official designated by law to that effect;
3. Any officer or agent of said foreign entity within the Philippines.
Not registered, or has no resident agent: ***
Service may be effected out of the Philippines with leave of court, through:
1. Personal service coursed through the appropriate court with the assistance of the DFA;
2. Publication in the country where defendant may be found and registered mail at the last
known address of the defendant;
3. Facsimile or other recognized electronic means;
4. Any other means which the court may direct.

EXTRATERRITORIAL SERVICE OF SUMMONS

1. Personal service;
2. Publication and registered mail
3. Any other manner the court may deem sufficient.
Actions involved in the EXTRATERRITORIAL SERVICE of Summons:
1. Affects the personal status of the Plaintiff;
2. Subject matter of the action is a property within the Philippines over which the defendant
claims an interest or lien;
3. Relief consists in excluding the defendant from an interest over a property within the
Philippines;
4. Defendant’s property within the Philippines has been attached.

MOTION TO DISMISS (GROUNDS, RULE 16) ***

No-No-Ve-Li-No-RPN-ENU
1. No jurisdiction over the person of the defendant;
2. No jurisdiction over the subject matter of the claim;
3. Venue is improperly laid;
4. Plaintiff has no legal capacity to sue;
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5. There is another action pending between the same parties for the same cause (litis
pendentia);
6. Claim is barred by prior judgment or by statute of limitations (res judicata, prescription)
7. Pleading asserting the claim states no cause of action;
8. Claim or demand set forth in the plaintiff’s pleading has been waived, abandoned or
otherwise extinguished;
9. Claim over which the action is founded is unenforceable under the statute of frauds;
10. Non-compliance with a condition precedent.

TWO-DISMISSAL RULE UNDER RULE 17

When the plaintiff has twice moved for the dismissal of an action involving the same claim in a court
of competent jurisdiction, the second notice of dismissal serves as a bar to the refiling of the action,
because it will operate as an adjudication of the claim upon the merits.

PRE-TRIAL IN CIVIL CASES VS. CRIMINAL CASES

1. Pre-trial in civil cases is set when the plaintiff moves ex parte to set the case for pre-trial
(note: failure of the plaintiff to do so does not mean that pre-trial will not proceed. The Clerk
of Court is now mandated to file notice of pre-trial.), while in criminal cases, no motion is
required as it is the court that orders the setting of the pre-trial;
2. In civil cases, the motion to set the case for pre-trial is filed after the last pleading has been
filed and served, while in criminal cases, the order is made after arraignment and 30 days
after acquiring jurisdiction over the person of the accused;
3. The possibility of an amicable settlement is considered in pre-trial for civil cases, while it
is not one of the purposes in criminal cases;
4. Agreements and admissions are not required to be signed by both the party and counsel
in civil cases, while the same is mandated in criminal cases;***
Agreements and admissions not signed by the counsel and the accused cannot be used
against the accused.
5. Sanctions for failure to appear during pre-trial in civil cases are imposed upon the plaintiff
or the defendant, while failure to do so in criminal cases sanctions the prosecutor or the
counsel for the accused;
6. Pre-trial for civil cases requires the filing of the pre-trial brief, while it is not so required in
criminal cases.

MODES OF DISCOVERY
1. Depositions pending action (de bene esse)
2. Depositions before action or pending appeal (in perpetuam rei memoriam)
3. Interrogatories to parties
4. Admission by adverse party
5. Production or inspection of documents or things
6. Physical and mental examination of persons

Deposition of prosecution’s material witness must be made before the court/judge

where the case is pending; to do otherwise would violate the constitutional right of
the accused to confront/cross-examine the witnesses against him.
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LETTERS ROGATORY VS. COMMISSION

Letters rogatory is a form of communication from one judicial authority addressed to another and
the rules of the foreign country are applied therefor, while a Commission is an order appointing
someone abroad to take the deposition there and the rules in the Philippines are applied therefor.

DEMURRER IN A CIVIL CASE VS. IN A CRIMINAL CASE

1. Leave of court is not required in demurrer to evidence in a civil case, while the demurrer
in a criminal case may be filed with or without leave of court;
2. If granted, order of dismissal in a civil case is appealable, while grant of the same in a
criminal case is not appealable as it runs afoul to the rule against double jeopardy;
3. If denied, the defendant may present his evidence in a civil case, while the accused may
only be allowed to present evidence in a criminal case when the demurrer was filed with
leave of court;
4. Court cannot motu proprio order a demurrer in a civil case, while the court may motu
proprio order the same in a criminal case.
(Note: If on appeal, the order granting the demurrer is reversed, the defendant loses his right to
present evidence.)

JUDGMENT COGNOVIT ACTIONEM

Rendered upon confession made pursuant to a clause in a promissory note or contract that upon
default, the holder may confess judgment as the maker’s attorney-in-fact. It is void.

MEMORANDUM DECISIONS
Decision rendered by an appellate court, which incorporates by reference the findings of fact or
conclusions of law contained in the decision under review. It is valid, provided that there be direct
access to the facts and the law being adopted and that there be no doctrinal complications
involved. (BERSAMIN)

RULE OF STARE DECISIS

DOCTRINE OF LAW OF THE CASE

MOTION FOR RECONSIDERATION (GROUNDS):

1. Damages awarded are excessive;
2. Evidence is insufficient to justify the decision or final order;
3. Decision or final order is contrary to law.

MOTION FOR NEW TRIAL (GROUNDS):

1. Fraud
2. Accident
3. Mistake
4. Excusable Negligence
5. Newly-discovered evidence

PFR ON CERTIORARI (RULE 45) VS. CERTIORARI (RULE 65)

1. Rule 45 is a mode of appeal, while Rule 65 is a special civil action that is an original action;
2. Rule 45 seeks to review final orders or judgments, while Rule 65 may be directed against
interlocutory orders, where no appeal may be taken from;
3. Rule 45 raises questions of law, while Rule 65 raises questions of jurisdiction;
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4. There are 15 days to file PFRC under Rule 45 from notice of judgment or final order, while
PFC under Rule 65 may be filed not later than 60 days from notice of judgment, order, or
resolution sought or from denial of MR;
5. Rule 45 does not require prior filing of an MR, while as a general rule, filing of an MR is
required before a petition under Rule 65 may be resorted to;
6. Petition under rule 45 stays the judgment, while a petition under rule 65 does not stay the
judgment or order subject of the petition, unless it is restrained or enjoined by the court;
7. There is no need to implead the lower court or judge in a petition under rule 45, while rule
65 impleads the tribunal, board, officer as respondent;
8. Rule 45 is filed only with the Supreme Court, while Rule 65 follows the Doctrine of Hierarchy
of Courts.

PETITION FOR RELIEF FROM JUDGMENT (GROUNDS):

1. Judgment was entered into through FAME;
2. Petitioner was prevented from taking an appeal through FAME.

ANNULMENT OF JUDGMENTS, FINAL ORDERS, RESOLUTIONS (GROUNDS):

1. Extrinsic fraud
2. Lack of jurisdiction
3. Denial of due process

QUASHING A SUBPOENA (GROUNDS):

Duces Tecum
1. Unreasonable and oppressive;
2. Articles sought do not appear to be prima facie relevant to the issues;
3. Applicant does not advance the cost for production of the articles desired;
4. Applicant does not advance witness fees and kilometrage.
Ad Testificandum
1. Witness is not b ound thereby;
2. Applicant does not advance witness fees and kilometrage.

DIFFERENT KINDS OF CONSOLIDATION

1. Quasi-Consolidation
 Not actually consolidation
 All actions, except one, are stayed until one is tried, the judgment of which would be
conclusive as to the rest.
2. Actual Consolidation
 Several actions are combined into one in which judgment is rendered.
3. Consolidation for Trial
 Several actions are ordered to be tried together, but they retain their separate
characters and require separate judgments.

JUDGMENT ON THE PLEADINGS VS. SUMMARY JUDGMENT

1. There is absence of factual issue, because the answer FAILS TO TENDER AN ISSUE in
judgment on the pleadings, while summary judgment involves an issue, but it is not
GENUINE.
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2. Motion for judgment on the pleadings is filed by a CLAIMING PARTY, while motion for
summary judgment may be filed by either the claiming party or the defending party.
3. Judgment on the pleadings is based on the pleadings alone, while summary judgment is
based on pleadings, affidavits, depositions, and admissions.
4. Judgment on the pleadings requires the observation of the three-day notice rule, while
summary judgment requires the 10-day notice rule.

FINAL JUDGMENT RULE VS. DOCTRINE OF IMMUTABILITY OF JUDGMENTS

1. The Final Judgment rule applies only to final decisions and orders, while the Doctrine of
Immutability of Judgments applies to decisions and orders that have become final and
executory.
2. Final Judgment rule provides that appeal may be taken on an order that completely disposes
of a case or those matters declared by the rules as appealable. On the other hand, the
Doctrine of IOJ provides that a judgment that has attained finality can no longer be disturbed.
3. Exceptions to the application of the Final Judgment Rule are as follows:
a. Statutory exception (spec pro, pj for sp/sc)
b. Discretionary exception (SC’s invocation of its plenary power to refuse invocations
of its appellate jurisdiction)
c. Collateral exception (a matter collateral to the rights which is too important to be
denied review)
Exceptions to the application of the Doctrine of IOJ are as follows:
a. Clerical errors
b. Nunc pro tunc
c. Circumstances transpire after the finality of judgment wich renders its execution
unjust and inequitable
d. Greater interest of justice
e. Void judgments
f. Grave injustice would results from the application of the rules
g. Grounds for annulment of judgment or petition for relief (Extrinsic fraud and FAME,
respectively)

PROVISIONAL REMEDIES
1. Preliminary Attachment
2. Preliminary Injunction
3. Receivership
4. Replevin
5. Support Pendente Lite

GROUNDS FOR ISSUANCE OF PRELIMINARY INJUNCTION:

1. Applicant is entitled to relief, which consists in whole or in part of restraining the commission
or continuance of an act, or requiring performance thereof.
2. The commission, continuance, or non-performance of such act would probably work
injustice to the applicant.
3. PCAP is doing, threatening, attempting to do or is procuring to be done, acts probably in
violation of the rights of the applicant which would render the judgment ineffectual.
Requisites:
1. Right in esse or clear and unmistakable right;
2. Violation of that right;
 CHAMMY NOTES FOR REMEDIAL LAW

3. Urgent necessity to prevent serious damage.

FINAL INJUNCTION: If after trial, it appears that the applicant is entitled to have the act/s
complained of permanently enjoined.

NO PRELIMINARY INJUNCTION SHALL BE GRANTED WITHOUT HEARING AND PRIOR

NOTICE
EXCEPTIONS:
1. Great or irreparable injury would result to the applicant: TRO for 20 days
2. Matter is of extreme urgency and applicant will suffer grave injustice and irreparable
injury: TRO for 72 hours; summary hearing to extend up to a maximum period of 20 days.

PRELIMINARY INJUNCTION VS. TRO

1. Preliminary injunction cannot be granted without notice and hearing, while a TRO may be
granted ex parte.
2. Preliminary injunction restrains or requires the performance of particular acts, while TRO
only maintains the status quo.
3. There is no definite date of effectivity for a preliminary injunction, while the effectivity of a
TRO does not exceed 20 days, except when issued by the Court of Appeals and the Supreme
Court, the effectivity of which would be 60 days and indefinite, respectively.

STATUS QUO ORDER VS. TRO/PI

A status quo order is an order to maintain the last, actual, peaceable and uncontested state of things
that preceded the controversy.

Unlike a TRO/PI, a SQO does not need to be specifically sought in the reliefs or in the allegations
of the pleadings.

Unlike a TRO/PI, a SQO is in the nature of a cease-and-desist order, because it neither directs nor
prohibits the doing or undoing of a thing.

RA 8975 prohibits lower courts from issuing a TRO to restrain the implementation of
government infrastructure projects. Note: Hontiveros v. Toll Regulatory Board, where
the Supreme Court laid down the exception: when the matter is of extreme urgency
involving a constitutional issue, such that unless a TRO is issued, grave injustice or
irreparable injury will arise --- provided that a bond is posted by the applicant.

GROUNDS FOR PRELIMINARY ATTACHMENT (SER-GRD)

1. Recovery for specified amount of money or damages, except moral and exemplary
against a party who is about to depart from the PHL and with intent to defraud his creditors;
2. Recovery of property that is embezzled or fraudulently misapplied or misappropriated for
himself
(note: fiduciary relationship, trust);
3. Recovery of possession of property unjustly or fraudulently taken
(note: no distinction as to personal or real property)
4. Against one who is guilty of fraud in contracting debts or obligations;
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5. Against one who has or is attempting to remove or dispose of his property in fraud of
creditors;
6. Against one who does not reside in the Philippines and to whom summons by publication
may be served.

NO LEVY ON ATTACHMENT PURSUANT TO THE WRIT SHALL BE ENFORCED, UNLESS IT

IS PRECEDED OR CONTEMPORANEOUSLY ACCOMPANIED BY Service of summons,
together with a copy of the complaint, application for attachment, applicant’s affidavit and
bond, and the order and writ of attachment. (7)

EXCEPTIONS TO THE RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF SUMMONS:

(5)
1. Summons could not be served personally despite due diligence;
2. Summons could not be served by substituted service despite due diligence;
3. Defendant is a resident of the PHL, temporarily absent therefrom;
4. Defendant is a non-resident of the PHL;
5. Action is one in rem or quasi in rem.

EXCEPTIONS TO THE MR REQUIREMENT IN CERTIORARI:

(9)
1. Patent nullity;
2. Questions have been duly raised in the trial court;
3. Useless;
4. Petitioner was deprived of due process and there is extreme necessity for relief;
5. Criminal cases: urgent need for relief from an order of arrest and the grant of the same in the
trial court is highly improbable;
6. Pure questions of law;
7. Proceedings in the trial court was a patent nullity;
8. Proceedings were ex parte and petitioner had no opportunity to object;
9. Urgent necessity

PROHIBITION VS. INJUNCTION

1. Petition for Prohibition is a special civil action, while an injunction is an ordinary civil action.
2. Prohibition is always the main action, while an injunction may be a main action or ancillary
remedy.
3. Prohibition is directed against a CTP exercising judicial, quasi-judicial, or ministerial
functions, while an injunction is directed against a party in the action (generally, private
individuals).
4. Prohibition is based on jurisdictional grounds, while an injunction does not resolve
jurisdictional issues.
5. Prohibition commands desistance from further proceeding in an action, while an injunction
compels or restrains the performance of an act.

PARTITION
Prescription does not run in favour of a co-owner against his co-owner, as long as there is a
recognition of the co-ownership, expressly or impliedly.
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Action to demand partition of a co-owned property does not prescribe, but a co-owner may acquire
ownership thereof by prescription where there exists a clear repudiation of the co-ownership and
the co-owners are apprised of the claim of adverse and exclusive ownership.

Inverse Condemnation: an action to recover just compensation against the State or its
expropriating agency when the property has been taken in fact by the governmental defendant
without the formal exercise of the power of eminent domain. (BERSAMIN)

Grave Abuse of Discretion: Act is done in a capricious or whimsical exercise of judgment as to

amount to lack of jurisdiction. Abuse of discretion must be so patent and so gross as to amount to
an evasion of positive duty or to a virtual refusal to perform a duty enjoined by law, or to not act at
all, as where the power is exercised in an arbitrary and despotic manner by reason of passion and
hostility. (BERSAMIN)

Contempt of Court: wilful disregard of or disobedience to public authority.

Broad sense: disregard or disobedience to orders or rules of legislative/judicial bodies or
interruption of the proceedings thereof;
Restricted or more usual sense: despising of the authority, justice or dignity of a court.

DIRECT VS. INDIRECT CONTEMPT

1. Direct Contempt is committed in the presence of or so near a judge as to obstruct him in the
administration of justice, while Indirect Contempt consists of wilful disobedience of the lawful
processes or orders of the court, or done at a distance to belittle, degrade, obstruct or
embarrass the court.
2. Proceedings for direct contempt is summary and immediate in nature, while the same is not
true for indirect contempt.

In contempt, the intent goes to the gravamen of the offense. Good faith, or lack of it, should be
considered.

In criticizing a judge’s decision, the test is whether or not the criticism is bona fide or done in good
faith and does not spill over the bounds of propriety and decency.
(BERSAMIN)

WITHDRAWAL OF APPEALS
Civil case: As a matter of right, before the filing of the appellee’s brief; thereafter, it is discretionary
upon the court.
Criminal case:
 Before the records have been forwarded to the clerk of court of the appellate court;
 After the records have been received by the RTC from the MTC, the RTC may, in its
discretion, allow withdrawal provided that a motion is filed before judgment on the
appeal is rendered.

DUAL FUNCTION OF THE APPELLATE COURTS

1. Review for correctness function
Case is reviewed on appeal to ensure that substantial justice has been done; it is limited to
the justice of that particular case only.
2. Institutional function
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Refers to the progressive development of the law for its general application in the judicial
system; concerns itself with uniformity of judicial administration.

HARMLESS ERROR RULE

An error is considered reversible only if it is sufficiently serious or grave that the substantial rights
of the appellant are prejudiced. When the errors are harmless, minor, or inconsequential, reversal
on appeal should not be handed down by the appellate courts. (BERSAMIN)

SLIP RULE
Where the dispositive portion of a final and executory judgment contains a clerical error of an
ambiguity arising from an inadvertent omission, the error of ambiguity may be clarified by
reference to the body of the decision itself. (BERSAMIN)

SPECIAL PROCEEDINGS
WRIT OF HABEAS CORPUS
1. Illegal confinement and detention
2. Deprivation of rightful custody of any person from a person entitled thereto
WRIT OF AMPARO
1. Right to life, liberty, and security
2. Unlawful act or omission of a public official/employee or a private individual/entity
3. Enforced disappearances
4. Extralegal killings
Filing by the aggrieved party suspends the right of all other qualified persons to file a
petition for the issuance of the writ.

Interim Reliefs available in cases for Writ of Amparo:

1. Temporary Protection Order
2. Inspection Order
3. Production Order
4. Witness Protection Order

WRIT OF HABEAS DATA

1. Right to privacy in life, liberty or security
2. Public official/employee or private individual/entity
3. Engaged in the gathering, collecting, storing of information regarding the person, family,
home, correspondence of the aggrieved party.
To “engage” means to do or take part in something. It does not mean that the activity be done
in pursuit of a business.

PRELIMINARY CITATION VS. PEREMPTORY WRIT

A preliminary citation requires the respondent to appear and show cause as to why the peremptory
writ should not be granted. A peremptory writ is an unconditional command to have the body of
the detained person before the court.

CRIMINAL PROCEDURE
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WHEN A COURT HAS JURISDICTION TO TRY OFFENSES NOT COMMITTED WITHIN ITS
TERRITORIAL JURISDICTION: (6)
1. Article 2, RPC
2. Supreme Court orders a change of venue or place of trial
3. Committed in a train, aircraft, public or private vehicle in the course of its trip
4. Committed on board a vessel in the course of its voyage
5. Cases cognizable by the Sandiganbayan
6. Written defamation

COURTS WILL NOT ISSUE A WRIT OF INJUNCTION OR PROHIBITION TO ENJOIN

CRIMINAL PROSECUTION, EXCEPTIONS:
1. Afford protection to the constitutional rights of the accused;
2. Double jeopardy is apparent;
3. Court has no jurisdiction over the case;
4. Case of persecution rather than prosecution;
5. Prejudicial question which is sub judice;
6. Prosecution is based on an invalid law, ordinance or regulation;
7. Orderly administration of justice, avoid multiplicity of suits;
8. Acts of the officer are without authority;
9. Charges are manifestly false and motivated by lust for vengeance;
10. No prima facie case against the accused and a motion to quash has been denied.

JURISDICTION OF THE MTC

1. All violations of city/municipal ordinances within their territorial jurisdiction;
2. Offenses punishable by imprisonment of not more than six years;
3. Offenses punishable by fine not more than P4,000;
4. BP 22 cases;
5. Damage to property arising from criminal negligence;
6. Cases falling under the Rules on Summary Procedure;
7. Special jurisdiction: Application for Bail

JURISDICTION OF THE RTC

1. Offenses punishable by imprisonment of more than six years;
2. Offenses punishable by fine of more than P4,000;
3. RA 9165;
4. Money laundering cases;
5. Written defamation;
6. Violation of intellectual property rights;
7. Violation of Cybercrime Prevention Act of 2012
8. Cases not falling within the exclusive jurisdiction of all other courts, tribunals; except those
under the Sandiganbayan;
9. Appellate jurisdiction over all cases decided by the MTC;
10. Special jurisdiction to handle exclusively criminal cases as designated by the SC;

AMENDMENT OF COMPLAINT/INFORMATION
Before PLEA
 In form or in substance;
 Without the need for leave of court;
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EXCEPTIONS:
o When it downgrades the nature of the offense; or
o When it excludes any accused from the complaint or information.
After PLEA
 In form
 With leave of court
 Should not prejudice the rights of the accused;
 Substantial amendment is proscribed, except when favourable to the accused.

AMENDMENT VS. SUBSTITUTION

1. Amendment may involve formal or substantial changes, while substitution involves
substantial changes;
2. Amendment may be made with or without leave of court, depending on whether it is made
before or after plea, while substitution must be made with leave of court;
3. A new preliminary investigation or re-taking of plea is not required in an amendment, while
the same is required for substitution;
4. Amendment pertains to the same offense or an offense which necessarily includes or is
necessarily included in the offense charged. Double jeopardy may be raised as a defense.
On the other hand, substitution pertains to a new offense; hence, double jeopardy cannot be
invoked.

PREJUDICIAL QUESTION***
An issue or question raised in a civil proceeding, which is necessarily or intimately related to that
raised in a criminal action, the resolution of which would determine whether the criminal action
may proceed or not.
The civil action must be instituted prior to the criminal action.

PRELIMINARY INVESTIGATION
Inquiry or proceeding the purpose of which is to determine whether there exists reasonable
ground to engender a well-founded belief that a crime has been committed and that the respondent
is probably guilty thereof and should be held for trial.

Probable cause can be established through hearsay evidence, as long as there is

substantial basis for crediting the hearsay.
Office of the Ombudsman: CRIMINAL CASE: hearsay is allowed to establish probable
cause; ADMINISTRATIVE CASE: there must be substantial evidence to establish
probable cause.

EXECUTIVE DETERMINATION OF PROBABLE CAUSE VS. JUDICIAL DETERMINATION OF

PROBABLE CAUSE
Executive determination is conducted by the Prosecutor for purposes of filing an information, while
judicial determination is conducted by the judge for purposes of determining whether a warrant of
arrest or search warrant should be issued.
 CHAMMY NOTES FOR REMEDIAL LAW

Appeal to the Secretary of Justice of resolutions of the Prosecutor shall not hold or
prevent the filing of an information in the appropriate court. The remedy of the
accused would be to file a motion for suspension of arraignment.

WARRANTLESS ARRESTS
1. When, in his presence, the person to be arrested has committed, is committing or is
attempting to commit an offense. (IN FLAGRANTE DELICTO)
2. When an offense has just been committed, and he has probable cause to believe, based on
personal knowledge of facts and circumstances, that the person to be arrested has
committed it. (HOT PURSUIT)
3. When the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or where he is temporarily detained while his
case is pending, or while being transferred from one confinement to another. (ESCAPEE)

Signing of an acknowledgment receipt is inadmissible if made without the assistance

of counsel.
Prohibition relative to the admissibility of an extrajudicial admission made without
the assistance of counsel applies only to custodial investigation, not to an
administrative investigation.
When a police officer sees the commission of the offense although at a distance or at
least hears the disturbances created thereby, and proceeds immediately to the
scene of the crime, he may effect an arrest, as the crime is deemed committed in the
presence or within the view of the arresting officer.

BAIL
Security given for the release of a person in custody, furnished by himself or by a bondsman, to
guarantee his appearance before any court as required under certain specified conditions.

WHEN BAIL IS NOT REQUIRED:

1. When the law or Rules of Court so provide;
2. Person has been in custody equal to or more than the possible maximum imprisonment;
3. MTC case punishable by imprisonment of less than 4 years, 2 months, and 1 day and the
judge is convinced that there is no need to put the accused in custody;
4. Municipal/city ordinance or light felony and the prescribed penalty is not higher than
imprisonment of 6 months and P2, 000 fine.

WHEN BAIL IS A MATTER OF RIGHT:

1. Before conviction in the MTC;
2. After conviction in the MTC;
3. Before conviction by the RTC of an offense not punishable by death, reclusion perpetua, or
life imprisonment.

WHEN BAIL IS A MATTER OF DISCRETION:

 CHAMMY NOTES FOR REMEDIAL LAW

1. Before conviction of an offense punishable by death, reclusion perpetua, or life

imprisonment and evidence of guilt is strong;
2. After conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life
imprisonment.

BAIL SHOULD BE DENIED:

1. After conviction by the RTC of an offense punishable by death, reclusion perpetua, or life
imprisonment;
2. After conviction by the RTC and the penalty imposed is exceeding 6 years, and upon a
showing by the prosecution of the following or similar circumstances:
BAIL-NEGATING CONDITIONS (5) ***
1) Quasi-recidivism, recidivism, habitual delinquency, reiteracion;
2) Evaded sentence, escaped confinement, violated bail conditions;
3) Commission of a crime while under parole, pardon, probation;
4) Undue risk that the accused may commit another crime during the pendency of the
appeal;
5) Probability of flight.

TOUGH ON BAIL PENDING APPEAL POLICY***

The presence of bail-negating conditions mandates the denial or revocation of bail pending
appeal, such that those circumstances are deemed to be as grave as conviction by the trial
court for an offense punishable by death, reclusion perpetua, or life imprisonment, where
bail is prohibited.

NO BAIL IS REQUIRED IN PROSECUTION OF OFFENSES COVERED BY THE RULES ON

SUMMARY PROCEDURE.
EXCEPTIONS:
1) Warrant of arrest was issued for failure to appear when required;
2) Accused is a recidivist, fugitive, or is charged for the crime of physical injuries.

RIGHTS OF THE ACCUSED AT THE TRIAL:

1. Be presumed innocent until the contrary is proved beyond reasonable doubt;
2. Be informed of the nature and cause of the accusation against him;
3. Be present and defend in person and by counsel at every stage of the proceedings;
4. Testify as a witness in his own behalf;
His silence shall not in any way prejudice him.
5. Be exempt from being compelled to be a witness against himself;
6. Confront and cross-examine the witnesses against him at the trial;
7. Have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf;
8. Speedy, impartial, and public trial;
9. Appeal in all cases allowed and in the manner prescribed by law.

ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE

1. Searching inquiry to ascertain voluntariness of the plea and whether or not accused has full
comprehension of the consequences of such plea;
2. Require the prosecution to prove the guilt of the accused and the precise degree of
culpability of the accused;
 CHAMMY NOTES FOR REMEDIAL LAW

3. If the accused wishes to present evidence, he shall be allowed to do so.

MOTION TO QUASH VS. DEMURRER TO EVIDENCE

1. A motion to quash is filed before arraignment, while a demurrer is filed after the prosecution
rests its case;
2. A motion to quash does not require prior leave of court, while a demurrer may or may not
be filed with leave of court;
3. There are several grounds for motion to quash, while a demurrer is based on insufficiency
of evidence;
4. Motion to quash may be based on matters on the face of the complaint or information, while
a demurrer is based on matters outside of it, i.e. sufficiency/insufficiency of evidence;
5. When granted, a motion to quash does not automatically lead into a dismissal, while a grant
of a demurrer is tantamount to a dismissal;
6. Remedy for denial of motion to quash is a petition for certiorari or prohibition, while denial
of leave of court to file for a demurrer is beyond the ambit of an appeal or certiorari.

GROUNDS FOR A MOTION TO QUASH: (9) ***

Fa-No-No-Off-DMEL-Do
1. Facts charged do not constitute an offense;
2. No jurisdiction over the person of the accused;
3. No jurisdiction over the offense charged;
4. Officer who filed the information had no authority to do so;
5. Does not conform substantially to the prescribed form;
6. More than one offense is charged;
7. Criminal action or liability has been extinguished;
8. Contains averments which, if true, would constitute legal excuse or justification;
9. Double Jeopardy: Accused was previously convicted or acquitted over the offense charged,
or the case against him has been dismissed or terminated without his express consent.

DOUBLE JEOPARDY; REQUISITES (BERSAMIN)

1. First jeopardy must have attached;
2. First jeopardy must have been validly terminated;
3. Second jeopardy must be for the same offense, or the second offense includes or is
necessarily included in the first offense, or is an attempt or frustration thereof.
First jeopardy attaches, when:
1. Accused was convicted or acquitted or the case against him was terminated or dismissed
without his express consent;
2. Such dismissal, termination, conviction or acquittal was made by a court of competent
jurisdiction;
3. Valid complaint or information;
4. Accused must have been validly arraigned.

DOUBLE JEOPARDY IN QUASI-OFFENSES

Conviction or acquittal of such quasi-offense bars subsequent prosecution for the same quasi-
offense, regardless of its various resulting acts.

PROVISIONAL DISMISSAL ***

 With the express consent of the accused and notice to the offended party;
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 Provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years
shall become permanent ONE YEAR after the issuance of the order, without the case having
been revived; by imprisonment exceeding six (6) years, it shall become permanent TWO
YEARS after issuance of the order without the case having been revived.

DISCHARGE OF AN ACCUSED TO BE A STATE WITNESS

1. Absolute necessity for the testimony of the accused whose discharge is requested;
2. No other direct evidence available for the proper prosecution of the offense committed,
except for the testimony of said accused;
3. Such testimony can be substantially corroborated on its material points;
4. Accused does not appear to be the most guilty;
5. Accused has not at any time been convicted of an offense involving moral turpitude.

NEW TRIAL (GROUNDS)

1. Errors of law have been committed during trial;
2. Irregularities prejudicial to the substantial rights of the accused have been committed during
trial;
3. Newly discovered evidence.

RECONSIDERATION (GROUNDS)
1. Errors of law
2. Errors of facts

WARRANT OF ARREST VS. SEARCH WARRANT

1. The order in the warrant of arrest is to take the person stated therein into custody, while the
search warrant orders the search of personal property stated therein;
2. A warrant of arrest does not becomes stale, while a search warrant is valid only for ten days;
3. A warrant of arrest is served on any time of the day or night, while a search warrant is
generally served only in the day time;
4. In the issuance of a warrant of arrest, searching questions by the judge is not necessary,
while for the issuance of a search warrant, the judge must personally conduct an examination
of the complainant and the witnesses he may produce.

WARRANTLESS SEARCHES
1. Search incidental to lawful arrest
2. Waiver or consent searches
3. Seizure of evidence in plain view
a. Valid prior intrusion
b. Inadvertently discovered
c. Immediately apparent
d. Open to the eye and open to the hand
4. Customs searches
5. Search of moving vehicles, vessels and aircrafts
6. Stop-and-frisk
7. Checkpoint services
8. Airport searches
9. Inspection of buildings and other premises for enforcement of fire, sanitary and building
regulations
 CHAMMY NOTES FOR REMEDIAL LAW

10. Exigent and emergency circumstances

Human remains can be subject of a search warrant. Personal property within the
context of Rule 126 refers to the thing’s mobility and not to its capacity to be
alienated by a particular person. ***
A warrantless arrest may not be effected where the offense is punishable by a fine
only.

EXTINCTION OF CRIMINAL LIABILITY DOES NOT CARRY WITH IT THE EXTINCTION

OF CIVIL LIABILITY: ***
1. Acquittal is based on reasonable doubt and the filing of the civil action has been reserved;
2. Decision contains a declaration that the liability of the accused is not criminal, but civil in
nature;
3. Civil liability is not derived from or is not based on the criminal act for which the accused
was acquitted.
CONCEPTS AND TERMS FOUND IN JUSTICE BERSAMIN’S BOOK:
STAGES OF JUDICIAL PROCESS (Two stages of the litigation process)
1. Trial Stage – collection of facts, collation of proof, weighing evidence, and resolution of the
controversy;
2. Review Stage – all proceedings taken to review, revise, modify or affirm the resolution of the
controversy, or to remand or remit.

FINAL JUDGMENT RULE

The ROC expressly limits appealability or reviewability to a judgment or final order that completely
disposes of the case, or of a particular matter therein, when declared by these Rules to be
appealable.

RAISE-OR-WAIVE RULE
Issues raised during an appeal can be any question of law or fact that has been raised in the lower
court; it would be offensive to the basic rules of fair play and justice to allow the appellant to raise
questions which have not been passed upon by the trial judge.
Principal rationale is judicial economy.
EXCEPTIONS TO THE RAISE-OR-WAIVE RULE
Plain Error Rule – authorizes an appellate court to reverse on basis of a plain error, even though
that error was not properly raised and preserved at the trial level.
Lack of jurisdiction over the subject matter – traditionally an exception to be raised at any point
of the proceedings.
Intervening development – a decision of the Supreme Court in a like case, substantially affects
the treatment of the issues by the trial court, had such intervening decision been considered.
Discretionary Exceptions

QUESTION OF LAW VS. QUESTION OF FACT

A question of law exists when the doubt or difference arises as to what the law is on a certain state
of facts, while there is a question of fact when the doubt or difference arises as to the truth or the
falsehood of alleged facts.
 CHAMMY NOTES FOR REMEDIAL LAW

APPEAL VS. WRIT OF ERROR

A writ of error brings up the record in an action of law for a review of questions of law only, while
an appeal involves rehearing upon both the facts and the law;
A writ of error is a common-law writ nad searches the record for errors of law in the final judgment
of the common-law court. If error is found, the judgment awards a venire facias de novo. The appeal
is a procedure that comes to us from the civil law, along with the fundamentals, which is to remove
the entire cause, and it subjects the transcript to a scrutiny of fact and law, and is in substance a
new trial.

SLIP RULE
Where the dispositive portion of a final and executory judgment contains a clerical error of an
ambiguity arising from an inadvertent omission, the error of ambiguity may be clarified by
reference to the body of the decision itself.

DUAL FUNCTION OF THE APPELLATE COURT

1. Review for correctness function – the case is reviewed on appeal to assure that substantial
justice has been done;
2. Institutional function – refers to the progressive development of the law for general
application in the judicial system.
With each level of the appellate structure, the review for correctness function diminishes, while
the institutional function increases.

The duality also refers to the dual function of all adjudication in the common law system:
Doctrine of Res Judicata, which decides the case and settles the controversy; and Doctrine of
Stare Decisis, which pertains to the precedental value of the case.

THE HARMLESS ERROR RULE

It is not enough for the counsel of the appellant to point out errors in the appellate court, for there
must be persuasive demonstration that the errors were reversible.
An error is reversible only if it is sufficiently serious or grave that the substantial rights of the
appellant are prejudiced.

When the errors are harmless, minor, or inconsequential, reversal on appeal should not be handed
down by the appellate courts. The errors are harmless if they do not produce substantial prejudice
to the appellant, and they are minor or inconsequential if they do not affect the results of the case
differently.

THE BRANDEIS BRIEF (PUBLISHED DATA OF A GENERALLY FACTUAL NATURE)

Materials of a socio-economic nature, which are relevant and very persuasive, even if non-legal in
character, may be admitted on appeal, in the exercise of the discretionary judicial notice by the
appellate court, although not brought to the attention of the trial court.

BAN AGAINST CHANGE OF THEORY ON APPEAL

If the change of theory raises new factual questions or issues that can properly be explored through
trial, the change should be rejected. If the change does not require further evidentiary
proceedings, it may be considered.
EXCEPTIONS TO THE BAN:
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1. Change involved only a question of law

2. New theory is advanced as a basis for affirmance, rather than reversal of judgment on appeal
3. Great public interest
4. Substantial justice required that the inquiry not be restricted.

EVIDENCE
CONFESSION VS. ADMISSION
A confession is a declaration by an accused acknowledging his guilt of the offense charged, or of
an offense necessarily included therein, while an admission is a declaration or omission of a party
as to a relevant fact.
A confession has to be made in express terms, while an admission may be made either expressly
or impliedly.

BEST EVIDENCE RULE VS. PAROL EVIDENCE RULE

1. The best evidence rule establishes a preference for the original document over a secondary
evidence thereof, while the parol evidence rule does not concern itself with the primacy of
evidence, as it presupposes the availability of the original;
2. The best evidence rule precludes the presentation of secondary evidence if the original is
available, while the parol evidence precludes the admission of other evidence to prove the
terms of a document other than the document itself;
3. Any litigant, whether or not a party to the document, may invoke the best evidence rule,
while the parol evidence rule may only be invoked by the parties to the documents and their
successors-in-interest;
4. The best evidence rule applies to all forms of writing, while the parol evidence rule applies
only to agreements and wills;
5. The best evidence rule seeks to regard the original as the best evidence to prevent fraud,
while the parol evidence seeks to preserve the integrity of the agreement.

EXCEPTIONS TO THE RES INTER ALIOS ACTA RULE

1. Admission by co-partner or agent;
2. Admission by joint owner, joint debtor, or other person jointly interested with a party;
3. Admission by a conspirator;
4. Admission by privies.

HEARSAY EVIDENCE VS. OPINION EVIDENCE

Under the rule on hearsay evidence, testimony must be based on the personal knowledge of the
person testifying, while the rule on opinion evidence provides that expert evidence may be based
on the personal knowledge, skill, and experience of the person testifying and also includes
evidence of an ordinary witness on limited matters.

INDEPENDENTLY RELEVANT STATEMENTS

Statements that have relevance to the issue in a case from the mere fact that the words were spoken
or written, irrespective of the truth or falsity of the assertion. They are offered not to prove the truth
of the facts stated therein, but merely the fact that they were actually made.

DEAD MAN’S STATUTE OR SURVIVORSHIP DISQUALIFICATION RULE; REQUISITES

1. Defendant is the executor, administrator, or representative of the deceased or insane
person;
 CHAMMY NOTES FOR REMEDIAL LAW

2. Suit is upon a claim by the plaintiff against the estate of the deceased or insane person;
3. Witness is the plaintiff, an assignor of that party, or a person in whose behalf the case is filed;
4. Subject of the testimony is as to any matter of fact occurring before the death of such person
or before such person became of unsound mind;
5. Applicable only in civil cases.

BURDEN OF PROOF VS. BURDEN OF EVIDENCE

Burden of proof is the duty of a party to present evidence on the facts in issue necessary to establish
his claim or defense, while burden of evidence is the duty of the party to go forward with the
evidence to overthrow the prima facie evidence against him.
Burden of proof lies with the party who asserts his right, while burden of evidence shifts from one
side to another.
Burden of proof is generally determined by the pleadings, while burden of evidence is determined
by the developments at the trial or by substantive and procedural law.

DYING DECLARATION
1. The declaration must concern the cause and surrounding circumstances of the declarant’s
death;
2. Consciousness of an impending death;
3. Competent as a witness;
4. Offered in a criminal case for homicide, murder, or parricide where the declarant is the
victim.
PART OF THE RES GESTAE
1. The principal act, the res gestae, is a startling occurrence;
2. Statements are made before the declarant had time to contrive and devise; and
3. The statements concern the occurrence in question and its immediately attending
circumstances.
The test of admissibility of evidence as a part of the res gestae is, therefore, whether the act,
declaration, or exclamation is so intimately interwoven or connected with the principal fact or
event that it characterizes as to be regarded as part of the transaction itself, and also whether it
clearly negatives any premeditation or purpose to manufacture testimony. (BERSAMIN)

EQUIPOISE RULE/ EQUIPONDERANCE DOCTRINE

Where the evidence of the parties is evenly balanced, or there is doubt on which side the evidence
preponderates, the decision should be against the party with the burden of proof (civil) or the
constitutional presumption of innocence shall tilt the scales in favour of the accused (criminal).

QUANTUM OF EVIDENCE
Proof beyond reasonable doubt
It does not mean such degree of proof as excluding possibility of error, produces absolute
certainty. Moral certainty only is required, or that degree of proof which produces conviction in an
unprejudiced mind.
Preponderance of Evidence
Evidence which is more convincing to the court as worthier of belief than that which is offered in
opposition thereto; weight, credit, and value of the aggregate evidence on either side, synonymous
with the term “greater weight of evidence”.
Substantial Evidence
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Amount of relevant evidence which a reasonable mind might accept as adequate to justify a
conclusion.
Clear and Convincing Evidence
Produces in the mind of the trier of facts a firm belief or conviction as to allegations sought to be
established; lower than proof beyond reasonable doubt, but higher than preponderance of
evidence.

BEST EVIDENCE RULE

When the subject of inquiry is the contents of the document, no evidence shall be admissible other
than the original document itself.
EXCEPTIONS:
1. Lost, destroyed, cannot be produced in court, without bad faith;
2. In the custody or under the control of the party against whom the evidence is offered;
3. Numerous;
4. Public record in the custody of a public officer or recorded in a public office.

PAROL EVIDENCE RULE

When the terms of an agreement have been reduced in writing, it is considered as containing all
the terms agreed upon, and there can be, between the parties and their successors-in-interest, no
evidence of such terms other than the contents of the written agreement.
However, a party may present evidence to modify, explain, or add to the terms of the written
agreement, if he puts in issue in his pleading:
1. Intrinsic ambiguity, mistake or imperfection;
2. Failure of the written agreement to express the true intention of the parties;
3. Validity of the agreement;
4. Existence of other terms agreed upon by the parties/their successors-in-interest after the
execution of the written agreement.

QUALIFICATIONS OF A WITNESSES
1. Can perceive, and in perceiving, can make known his perception to others.
2. Oath/affirmation
3. Must not possess any of the disqualifications imposed by law/the rules.
DISQUALIFICATION OF WITNESSES
1. Disqualification by reason of mental incapacity
2. Disqualification by reason of marriage (marital disqualification rule/ spousal immunity)
EXCEPTIONS
a. Civil case by one against the other
b. Criminal case for a crime committed by one against the other or the latter’s direct
ascendants or descendants
c. Where the marital and domestic relations are so strained that there is no more
harmony to be preserved nor peace and tranquillity which may be disturbed.
3. Disqualification by reason of death/insanity of the adverse party
4. Disqualification by reason of privileged communications
LAST LINK DOCTRINE – non-privileged information, such as the identity of the client, is
protected if the revelation of such information would necessarily reveal privileged
information.

LEADING VS. MISLEADING QUESTIONS

 CHAMMY NOTES FOR REMEDIAL LAW

Leading questions are those that indicate to the witness the answer desired by the examining party,
while misleading questions are those that assume as true, facts not yet testified to by the witness or
contrary to that which he has previously stated.

IMPEACHING A WITNESS
a. By contradictory evidence
b. Evidence that his general reputation for truth, honesty and integrity is bad;
c. Evidence that he has made, at other times, statements inconsistent with his present
testimony.
LAYING THE PREDICATE – alleged statements must be related to the witness, or if they
be in writing, they must be shown to him; and he must be asked whether he made such
statements and allow him to explain them if he admits making those statements.

ADMISSION BY SILENCE
Statement contains assertions against the party which, if untrue, would be sufficient cause for the
party to deny. His failure to speak against the statement is admissible as an admission.

BRANCHES OF THE RES INTER ALIOS ACTA DOCTRINE

1. The rights of a party cannot be prejudiced by an act, declaration, or omission of another.
2. Evidence of previous conduct or similar acts at one time is not admissible to prove that one
did or did not do the same act at another time.

EXCEPTIONS TO THE HEARSAY RULE

1. Dying declaration
2. Part of the rest gestae
3. Entries in the course of business (Business Records Rule)
4. Declarations against interest
5. Declaration about pedigree
6. Family reputation/ tradition regarding pedigree
7. Common reputation
8. Entries in the official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony/deposition at a former proceeding

SPECIAL RULES
 In an appeal of the judgment in an ejectment case, the RTC shall not conduct a rehearing or
trial de novo, but shall decide the same on the basis of the entire record of the proceedings
had in the court of origin and such memoranda or briefs as may be required. (BERSAMIN)
 STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (SLAPP) is a legal action filed
to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution,
or the government has taken or may take in the enforcement of environmental laws,
protection of the environment, or assertion of environmental rights.
 PRECAUTIONARY PRINCIPLE states that when human activities may lead to threats of
serious and irreversible damage to the environment that is scientifically plausible but
uncertain, actions shall be taken to avoid or diminish that threat.