Atty. Uy (DAY 2) Remedial Law

12 Questions REMEDIAL LAW
S UPREME COURT
1. simplified and inexpensive procedure for speedy disposi6on of cases
2. uniform for all courts
3. not diminish, increase, or modify substan6ve rights
Doctrine of Adherence of Jurisdic6on - This is the principle that mandates that a court, once it has
acquired jurisdic6on, should exercise that jurisdic6on un6l it finally disposes the case.
Doctrine of Judicial Stability or Doctrine of Non-interference - courts of equal and coordinate

jurisdic6on cannot interfere with each other’s orders.
Doctrine of Primary jurisdic6on - precludes the courts from receiving a controversy over which
jurisdic6on has ini6ally been lodged with administra6ve body of special competence
Doctrine of Exhaus6on of Administra6ve Remedies - par6es are generally precluded from

immediately seeking the interven6on of courts when the law provides for remedies against the
ac6on of administra6ve board, body or officer.
Doctrine of Hierarchy of Courts - prac6cal judicial policy designed to restrain par6es from direct
resor6ng to a higher court when relief my be obtained before the lower courts.
Doctrine of Ancillary Jurisdic6on - power of the court to decide the incidental maPers
Jurisdic6on over the subject maPer is determined exclusively by the Cons6tu6on and the law.
(1) It cannot be conferred by the voluntary act or agreement of the par6es;
(2) it cannot be acquired through or waived, enlarged or diminished by their act or omission.
(3) Neither is it conferred by the acquiescence of the court. It is neither for the court nor the par6es
to violate or disregard the rule, this maPer being legisla6ve in character.
Jurisdic6on over the par6es

Plain6ff - upon filing of the complaint + payment of prescribed docket fee
Defendant - validly served with summons or voluntary appearance
Filing Fees
GR: Non-payment of the prescribed filing fees at the 6me of the filing of the complaint or other
ini6atory pleading (Complaint + Permissive Counterclaim) fails to vest jurisdic6on over the case in
the trial court. Payment of filing fees is jurisdic6onal. Hence non-payment is a subject maPer of a
mo6on to dismiss falls on the lack of jurisdic6on on the subject maPer
XPN: If the deficiency of payment of filing fees is based on the reliance to the assessment of the clerk
of court and it is paid in good faith, the case will not be dismissed. A new assessment shall be made
and the deficiency shall be paid
Non-payment at the 6me of filing does not automa6cally cause the dismissal of the case, as long as
the fee is paid within the applicable prescrip6ve or reglementary period and absence of bad faith
and without the intent to defraud the government
XPN to XPN: Appeal
Payment in full of docket fees within the prescribed period is mandatory. It is an essen9al
requirement without which the decision appealed from would become final and executory as if no
appeal had been filed. Failure to perfect an appeal within the prescribed period renders the judgment
final and executory
Prepared by: Lovely Uy Page 1 of 42 ALL GLORY TO GOD!

Lien on the Judgment Award

• Not prayed for in the complaint but the court awarded Exempt from filing fees
because it is prayed for and seeking for relief for all • Writ of amparo
other remedies that the court will find just and • Writ of kalikasan
equitable. • Writ of continuing mandamus
• Indigent - gross income not exceed double the
monthly minimum wage, not own real prop w/ FMV in Action For Damages
tax declara6on exceeding 300K Under RA7691, jurisdiction is determined by
• Ci6zen suit – deferred payment the allegations on the complaint, i.e. amount
• In a criminal case, when the offended party seeks to of the claim exclusive of damages, attorney’s
enforce civil liability against the accuse by way of moral, fees, cost of suit and interest. However, in an
nominal, temperate or exemplary damages without action for damages, the jurisdiction is
specifying the amount thereof in a complaint or determined by the amount of the damages
informa6on, the filing fees thereof shall cons6tute a
first lien in the judgment awarding such damages
Test:
1. Nature of the Ac6on Test - WON the ac6on is capable of pecuniary es6ma6on based on
classifica6on of ac6on
2. Primary/Ul6mate Objec6ve Test - ac6on appears to be incapable of pecuniary es6ma6on, if the
primary objec6ve is to recover real or personal property, jurisdic6on will be determined by the
assessed value of the property
MTC RTC
ORIGINAL JURISDICTION ORIGINAL JURISDICTION

ejectment cases
claims; probate, mari6me claims claims; probate, mari6me claims
not exceeding 400k (MM); exceeding 400k (MM);
not exceeding 300k (outside MM) exceeding 300k (outside MM)
claims affec6ng 6tle to, possession or interest of a real claims affec6ng 6tle to, possession or
property (assessed value) interest of a real property (assessed value)
MM – not exceeding 50k MM – exceeding 50k
outside MM – not exceeding 20k outside MM –exceeding 20k
Summary procedure • family courts

MM – not exceeding 200k • INCAPABLE OF PECUNIARY ESTIMATION
outsideMM – not exceeding 100K • Intra-corporate jurisdic6on
Complaint -10 days to answer = Judgment
No trial, only posi6on papers + Affidavit APPELATE JURISDICTION
Small claims • Review on decisions of the MTC
not exceeding 400k (MM);
not exceeding 300k (outside MM)
- Complaint FORM -10 days to answer + 1 day hearing - w/in 24
hrs Final Judgment - Appeal
NCIP shall have jurisdic6on over claims and disputes involving rights of ICCs/ Indigenous People
only when they arise between or among par6es belonging to the same ICC/IP.

COURT OF APPEALS SUPREME COURT
ORIGINAL JURISDICTION • Certiorari

• Annulment of judgement • Prohibition
• Mandamus
ORIGINAL AND CONCURRENT
• Quo warranto
• Certiorari
• Habeas corpus
• Prohibition
• Disciplinary proceedings of the judiciary and attorneys
• Quo warranto
• Habeas corpus
• Habeas corpus on custody of minors
• Writ of habeas data
• Writ of amparo
• Writ of kalikasan
• Writ of continuing mandamus
I. CIVIL PROCEDURE
a. Ac6ons
- Ordinary civil, Special Civil, Criminal (state prosecutes a person for an act/omission punishable
by law)
- Not applicable (Cadastral, Land registra6on, Elec6on cases, Naturaliza6on, Insolvency
proceedings)
Civil AcIon Special Proceedings

Nature
Adversarial No definite adverse party
Purpose
To protect or enforce a right or to prevent/ redress of
To establish status, right or a par6cular fact
wrong
Governing Law
Ordinary Civil Ac6on Special Rules of OCA
Court’s jurisdic6on
Courts of general jurisdic6on Courts of limited jurisdic6on
How ini6ated
By pleading By pe66on
As to applicability of pleadings
Answer, counterclaim, cross claim, 3rd party
Not applicable
compliant
As to appeal
15 days via no6ce of appeal 30 days via record on appeal
As to Cause of Ac6on
Not based on cause of ac6on
Based on cause of ac6on
xpn: Habeas Corpus
Verified allega6on of earnest efforts at compromise
Earnest effort to compromise not required
is required

Ombudsman
CA via Rule 43 - Administra6ve disciplinary case
SC via Cer6orari - Criminal
Rule 65 - Exonera6on from Admin
AcIon in rem AcIon in personam AcIon quasi-in rem
As to whom Directed against the Against par6cular Against par6cular persons

directed thing/res itself persons - name a person as DEF
- enforce personal But its object is to subject that
obliga6ons person’s interest in a property
As to Not a prerequisite Necessary Not a prerequisite
jurisdic6on provided the court has provided the court has
over the jurisdic6on over the res jurisdic6on over the res
person
How Seizure or result of Summons or Voluntary Seizure or result of ins6tu6on
jurisdic6on ins6tu6on of legal Appearance of legal proceedings
is acquired proceedings
Binding Against the whole world Only upon the par6es Binding only upon the par6es
effect properly impleaded who joined the ac6on
Examples Adop6on, Annulment, Ac6on for sum of APachment, Foreclosure of
correc6on of birth money mortgage, ac6on for par66on
entries ac6on for damages and accoun6ng
ac6on for injunc6on
b. Cause of ac6on (COA)- act/omission by which a party violates a right of another.

GR: 1 suit = 1 COA ; filing of 1 or judgment upon the merits in anyone is a ground for dismissal of
others.
2 ways in which a party can split his cause of ac6on: Doctrine of An6cipatory Breach-
(1) Li6s Penden6a – 1 COA, both ac6ons are pending if the contract is divisible in its
(2) Res Judicata – there is a first ac6on where there is already a final or performance, and the future
judgment on the merits and amer the finality of the judgment in the performance is not yet due, but
first ac6on a second ac6on is subsequently filed the obligor has already
manifested his refusal to comply,
Same Objec6ve Test may be applied. This test holds that if a party has the contract is en6re and the
only one objec6ve in filing two cases, there exists iden6ty of causes of breach is total
ac6on and reliefs based on the same objec6ve standard.
Requisites: Joinder of COA

1. Shall comply with the rules on JOINDER of PARTIES
2. Shall NOT include SPECIAL CIVIL ACTION
3. Between SAME PARTIES, DIFF. VENUE, joinder may be allowed in RTC, provided 1 COA falls within
the jurisdic6on of RTC and venue lies therein.
4. Totality Rule : all COA are principally for RECOVERY OF MONEY, the aggregate claimed shall be the
test of jurisdic6on
Misjoinder of COA - not a ground for dismissal.

- on mo6on/ motu proprio be severed and proceeded separately;
deemed waived provided the court has jurisdic6on over all COA

Failure to state cause of acIon Lack of Cause of acIon

Raised by defendant Raised by defendant or plain6ff
As to how it is determined
Only from the allega6ons of ini6atory On the basis of evidence presented
pleadings
As to applicability
Does not allege sufficient cause of ac6on Evidence does not sustain the cause of ac6on
alleged
As to when it may be raised
Mo6on to dismiss, before responsive pleading Demurrer to evidence, amer the plain6ff has
is filed | subject to refiling of complaint rested its case | Res Judicata , hence not subject
to refiling
As to whether eviden6ary maPers are evaluated or not
Does not concern itself with the truth and Arises precisely because the judge has determined
falsity of allega6ons the truth and falsity of allega6ons and found lack
of evidence
PARTIES (Natural, Juridical, EnIIes authorized by law)
Real Par6es-in-interest - who stands to be benefited or injured by the judgment in the suit,
or the party en6tled to the avails of the suit.
Indispensable Party- without whom no final determinaIon can be had of an ac6on
Necessary Party- ought to be joined as a party if complete relief is to be accorded or for
complete determina6on or sePlement of the claim
Class suit
- when the subject of the controversy is one of the common or general interest to many
persons who are numerous that it is impracIcable to join all as parIes, number of them
which court finds to be sufficiently numerous and representa6ve as to fully protect the
interests of all concerned may sue/defend for the benefit of all.
vs
Ci6zen Suit
- filed by any filipino ci6zen to enforce rights or obliga6ons under environmental laws.
Indigent Party- no money or property sufficient and available for food, shelter and basic
necessi6es for himself and his family.
Alterna6ve Defendants - plain6ff is uncertain against who of several persons he is en6tled
to, he may join any or all of them as defendants in alterna6ve, although a right to relief
against one may be inconsistent with a right of relief against the other
Non-joinder of indispensable party is not a ground for dismissal of a case

Permissive joinder of par9es - relief arises from the same transac9on

VENUE
Personal AcIons Real AcIons
Transitory- residence of plain6ff, Local - venue lies where the real Non-resident - residence
defendant or where he may be found, at property is located of plain6ff or where the
the elec6on of the plain6ff property is situated
Title to, or possession of property is not it affects 6tle to or possession of real affects the personal
in dispute property, or interest therein status of the plain6ff, or
any property of said
Ac6on to annul a contract & its accessory Foreclosure of REM, ac6on for defendant located in the
REM if the mortgagee has not foreclosed annulment of mortgage (if there has Philippines
the mortgage & mortgagor is s6ll in already been foreclosure sale)
possession of property.
XPN: Specific Rule and Par6es before filing of ac6on agreed in wri6ng on the exclusive venue.
PLEADINGS
COMPLAINT—(w/in 30 days)> Answer w/ Counterclaim —>(w/in 15days) Reply—> Rejoinder
Permissive Counterclaim Compulsory Counterclaim
Does not arise out/connected with the transac6on arises out of or is connected with the transac6on or
occurrence cons6tu6ng the subject maPer of the
opposing party's claim
If not raised in the same ac6on is barred
Must be answered w/in 20 days; default No default
Ini6atory, hence requires Cer6fica6on against Not ini6atory

Forum Shopping + Cer6ficate to file Ac6on
An acIonable document is a wriPen document that’s the basis of one’s cause of ac6on or defense.
Third-Party Complaint Third Party Claim
Pleading Not a pleading, but affidavit
Filed by who Defendant (party) Stranger or Person who has legal interest in
li6ga6on or adversely affected
Leave of Court With leave of court
What Claim against a person not a party to the To no6fy the sheriff of his right/claim over
ac6on. property aPached, levied, or seized
when If denied, ins6tute a separate ac6on Intervene in the ac6on
—> answer w/ 30 days
any 6me before rendi6on of judgment
1. third -party defendant cannot be located
within thirty (30) calendar days from the grant
of such leave;
2. maUers extraneous to the issue in the
principal case are raised; or
3. the effect would be to introduce a new and
separate controversy into the ac6on.

MOTION FOR BILL OF PARTICULARS (BP) - liIgious moIon

- before responding to a pleading
- not averred with sufficient definiteness or par6cularity, to enable him properly to prepare his
responsive pleading
- Court: Deny/Grant Outright —> must comply within 10 days from na6ve of order; striking out
Amer service of BP, moving party may file his responsive pleading within the period to which he was
en6tled at the 6me of filing his mo6on, which shall not be less than 5 days in any event.
- BP becomes part of the pleading for which it is intended
ANSWER
To Complaint 30 days Amer service of summons
Of defendant foreign private juridical en6ty 60 days Amer receipt of summons
Amended Complaint - as maPer of right 30 days Amer being served with copy
Amended Complaint - not as maPer of right 15 days From no6ce of order
To Counterclaim/Cross claim 20 days From service
To third party complaint 30 days Amer service of summons
To supplemental complaint 20 days From no6ce of order
AffirmaAve Defense 1 Extension to file answer = +30 days for

A. The court shall motu proprio resolve the above meritorious reasons
affirma6ve defenses within thirty (30) calendar days from
the filing of the answer. GR: Ac6onable Document / allega6ons of
usury- specifically denied under oath;
otherwise deemed admiPed the due execu6on
Mo6on to Dismiss - interrupt the running of the and genuineness of the document
reglementary period to file an answer
1. Lack of jurisdic6on over the subject maPer, XPN:
2. Li6s Penden6a: another ac6on pending between 1. Does not appear to be a party,
the same par6es for the same cause 2. Order for inspec6on is refused.
3. Verified complaint contested
3. Res Judicata : ac6on is barred by a prior judgment.
4. Prescrip6on
- denied if you file MD on the 30th day to file an answer: only 1 day to file an answer
B. Conduct Summary hearing within fimeen (15) calendar days from the filing of the answer
Resolved within 30 days from termina6on of summary hearing
Failure to raise shall cons6tute a waiver | dismissed w/out prejudice -> Pe66on for Cer6orari
5. Lack of Jurisdic6on over the defendant
6. Improper venue
7. No Legal Capacity to Sue
8. No cause of ac6on
9. Non-compliance to condi6on precedent
Granted/Denied = raised on APPEAL AFTER JUDGMENT ON THE MERITS
(NO MR, C, P, M )

DEFAULT
Declare the defendant in default: Effects:
1. Acquired Jurisdic6on over the 1. Loses standing in court (TRIAL); but can par6cipate as witness
person 2. EnItled to NoIce of Subsequent proceedings
2. Fails to Answer within the 6me 3. Declara6on - not admission of truth,
allows
3. There must be Mo6on and Default Judgment- shall not exceed to the amount or be different in
No6ce kinds from the payer nor award unliquidated damages
4. Proof of such failure
5. Hearing to declare vs. Failure to appear in pre-trial : no limita6on
Relief from order of default Mo6on to set aside the order of default + FAMEN
Par6al Default: several defendants Court try the case against all upon the answers thus filed and render
failed to answer judgment upon the evidence presented.
No default Annulment
Declara6on of nullity of marriage
Legal separa6on
MoIon for Summary Judgment MoIon for Judgment on the pleadings
NO GENUINE ISSUE ANSWER FAILS TO TENDER AN ISSUE

proper even if there is a remaining issue as to if the defendant’s answer admits material
the amount of damages allega6ons of the adverse party’s pleading
based on the pleadings, affidavits, based exclusively upon the pleadings
deposi6ons, and admissions without the presenta6on of any evidence.
requires 10-day no6ce Requires 3 day no6ce
Plain6ff/Defendant Plain6ff
May be par6al termina6on En6re case is terminated
Adverse party may file a comment w/in 5 XPN: Annulment, Nullity of Marriage, Legal
days Separa6on
Not subject to Appeal, CPM
Amendment - supersedes the pleading that it amends.

Admissions in superseded pleadings may be offered in evidence against the pleader
As a maUer of right With leave of Court & NoIce to adverse party
at any 6me before a responsive pleading is Substan6al amendments

served, or XPN:
1. for delay
Reply - any6me within 10 days amer it is 2. to confer jurisdic6on
served 3. Pleading stated no cause of ac6on
No amendment shall be necessary to cause them to conform to the evidence

Formal Amendment Supplemental pleading
At any stage W/in 10 days from no6ce of order admivng supplemental
pleading

Mo6on or motu proprio Mo6on of party

Clerical or typographical errors sevng forth transac6ons, occurrences or events which have
happened since the date of the pleading sought to be
supplemented.
Summarily corrected without
prejudice caused to adverse
party
PARTS OF THE PLEADING

Signature of Counsel - cons6tutes a cer6ficate that: Otherwise, subject to DA and
1. He has read the pleading solidarily liable with his law firm
2. To the best of knowledge, 1. Non-monetary sanc6on
3. Formed amer an inquiry reasonable: not to harass, 2. Pay penalty in court
3. Pay the movant’s aPy fees
claims are warranted by law, facts have evidenIary
- CANNOT PASS TO HIS CLIENT
support, denials are warranted on the evidence.
VERIFICATION
- authorized to act on behalf of the party (Sec Cert/SPA)
(a) The allega6ons in the pleading are true and correct based on his personal knowledge, or
authen6c docs
(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of
li6ga6on; and
(c) The factual allega6ons therein have eviden6ary support
Signature of Affiant = Cer6fica6on of truthfulness of allega6ons
Lacks of proper verifica6on = treated as unsigned pleading= produces no legal effect “mere scrap of
paper.” It will not be subject to dismissal unless the law provides (Rule 42, 43, 45, 65, 46)
CERTIFICATION AGAINST FORUM SHOPPING

- under oath in complaint/ini6atory pleading = APached SPA and Sec Cert.
a) has not commenced any ac6on or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency and to the best of his knowledge, no such other ac6on or
claim is pending therein;
(b) if there is such other pending ac6on or claim, a complete statement of the present status
thereof; and
(c) if he should thereamer learn that the same or similar ac6on or claim has been filed or is
pending, he shall report that fact within five (5) calendar days to the court
Failure to comply w/ CAFS= not cured by mere amendment = Dismissal w/out prejudice
False CAFS = Indirect Contempt + Admin or criminal ac6ons
Willful and deliberate Forum Shopping= summary dismissal w/ prejudice + Direct Contempt
+ Admin Sanc6on to the Counsel

FILING AND SERVICE

Filing Service Proof
Submivng the pleading to clerk of court Providing a party with a copy of pleading
Personal Personal - Actual Delivery WriPen admission

Registered Mail Ordinary Mail - Expira6on of 10 d Affidavit of Service(AS)
Accredited Courier
Electronic Mail Registered Mail - Actual Receipt/ 5 days AS +RR
- authorized by court from 1st No6ce
(the date of Electronic AS + RR + Tracking #
Transmission) Accredited Courier - Actual/ 5 days from AS + Printed Proof of
- Affidavit of Electronic filing 1st aPempt TransmiUal
(Registered mail) Return Card + RR Electronic Mail - Electronic Transmission
+ Affidavit of person mailing (parIes must consent and order of court |
- No electronic filing of: inform court any change within 5 days from
Ini6atory Pleading XPN: pandemic such change)
Subpoena, protec6on orders+writs Facsimile - sending copy to given facsimile #
Appendices & exhibits not Interna6onal Conven6ons to which the
amenable to electronic scan Phil. Is a party -by subs6tuted Service
Sealed and confiden6al docs
No6ce of Lis Pendens - in an acIon affecIng the Itle, right of possession or real property, the
plain6ff and the defendant when affirma6ve relief is claimed in his or her answer, may record in the
office of the registry of deeds of the province in which the property is situated a no6ce of the
pendency of the ac6on. Proper in Ac6on to recover possession, quiet 6tle, remove clouds, par66on
and any proceeding directly affec6ng 6tle to the land, the use or occupa6on
Not applicable to money claims, aPachments, execu6on, probate proceedings, estate administra6on
SUMMONS
- valid un6l duly served, unless recalled by court.
- court shall direct the Clerk to issue the corresponding summons to the defendants within 5
calendar days from receipt of the ini6atory pleading and proof of legal fees.
Service by Return
1. By handing a copy to defendant and inform that he is being served, W/in 5 days from service, the
server shall file w/ court and
2. By leaving the summons within the view and in the presence of the serve copy to plain6ff’s counsel
defendant - personal
-registered mail
3. Subs6tuted service - by leaving copies of summons -electronic means
SubsItuted service
For jus6fiable reasons + Failed to served personally amer at least 3 aPempt on 2 different dates:
Defendant’s Residence —> 18 yrs of age + Sufficient discre6on
Office —> Competent person or customarily receives correspondences for the defendant.
Refused entry —> Officers of the HOA/ Condo Corp./ Chief Security Officer in charge
Electronic mail to defendant’s electronic mail address —> only approved by court

Return Proof of Service
Defendant’s email address - via Electronic W/in 5 Copy of summons + Affidavit of person
mail if allowed by court. days from mailing + Print out of said email
service
4. By Publica6on in a newspaper of general Copy of summons + Affidavit of
circula6on Publisher + Order for publica6on
- by leave of court,
- whereabouts are unknown and cannot be ascertained by diligent inquiry, within ninety (90)
calendar days from the commencement of the ac6on be effected upon him
- order gran6ng leave shall specify, not less than 60 days amer no6ce, w/in which the defendant must
answer
5. Extraterritorial Service
- When the defendant does not reside and is not found in the Philippines, and the ac6on affects the
personal status of the plain6ff or relates to, or Resident temporarily out of the Philippines
- by leave of court,
(a) personal service to last known address
(b)service provided in InternaIonal ConvenIons
(c) publicaIon in a newspaper of general circulaIon
(d) any manner that the court may deem sufficient.
- order gran6ng leave shall specify, not less than 60 days amer no6ce, w/in which the defendant must
answer
En6ty without juridical personality - anyone of them or person in charge of the office
Prisoners - jail warden
Minors/Incompetents - Minor + Parent/ Legal Guardian
Spouses - individually
Domes6c Private Juridical en6ty

- Pres, Managing Partner, General Manager, Corp Sec., Treasurer, In house Counsel, their
Secretaries, Person who customarily receives the correspondence, Receiver/Liquidator
Foreign Private Juridical en66es (doing business)

- resident agent, officers, agents, directors, or trustees w/in the Philippines
Foreign Private Juridical en66es (not registered)

- DFA, publica6on, facsimile, electronic means
Public Corp - Solicitor General

• Served by the sheriff, his or her deputy, or other proper court officer, and in case of failure of
service of summons by them, the court may authorize the plainIff together with the sheriff.
• PlainIff- misrepresents : Dismissed with prejudice + Nullified proceedings + sancIons
• Returned without being served - court shall order plain6ff to cause the service by other means
• Failure to comply = dismissal without prejudice
• Only Loss/ DestrucIon - issue an alias summons
• Where the summons is improperly served and a lawyer makes a special appearance on
behalf of the defendant to, among others, ques6on the validity of service of summons, the
counsel shall be depuIzed by the court to serve summons on his or her client.
• Voluntary appearance = Service of summons

MOTIONS
- relief sought to obtained + Grounds + suppor6ng affidavits
- wriPen or made in court which must be immediately resolved
LiIgous MoIon Non-LiIgous MoIon
served by personal service, accredited private courier or registered mail or electronic means + Proof of service
1) Mo6on for bill of parIculars; a) Mo6on for the issuance of

2) Mo6on to dismiss ; an alias summons;
3) Mo6on for new trial; b) Mo6on for extension to file answer;
4) Mo6on for reconsideraIon; c) Mo6on for postponement;
5) Mo6on for execu6on pending appeal; d) Mo6on for the issuance of a writ of
6) Mo6on to amend amer a responsive pleading has been execu6on;
filed; e) Mo6on for the issuance of an alias writ of
7) Mo6on to cancel statutory lien; execu6on;
8) Mo6on for an order to break in or for a writ of f) Mo6on for the issuance of a writ of
demoli6on; possession;
9) Mo6on for interven6on; g) Mo6on for the issuance of an order
10) Mo6on for judgment on the pleadings; direc6ng the sheriff to execute the final
11) Mo6on for summary judgment; cer6ficate of sale; and
12) Demurrer to evidence; h) Other similar mo6ons.
13) Mo6on to declare defendant in default; and
14) Other similar mo6ons
Oppose within 5 days from receipt
No6ce of hearing : Discre6onary Not set for hearing
Resolved w/in 15 days from receipt or expira6on to file such Resolved by court w/in 5 days from receipt
opposi6on
Prohibited Mo6on
(a) Mo6on to dismiss
XPN: 1) No jurisdic6on over the subject maPer of the claim;
2) Another ac6on pending between the same par6es for the same cause;
3) Cause of ac6on is barred by a prior judgment or by the statute of limita6ons.
(b) Mo6on to hear affirma6ve defenses;
(c) Mo6on for reconsidera6on of the court’s ac6on on the affirma6ve defenses;
(d) Mo6on to suspend proceedings without a TRO or injunc6on issued by a higher court;
(e) Mo6on for extension of 6me to file pleadings, affidavits or any other papers,
XPN: mo6on for extension to file an answer
(f) Mo6on for postponement intended for delay,
XPN: if it is based on acts of God, force majeure or physical inability of the witness
appear and tes6fy.
Dismissed with Prejudice Dismissal without Prejudice
bar refilling of the same ac6on Can refile
Remedy: Appeal Rule 65: Pe66on for Cer6orari

Dismissed with Prejudice Dismissal without Prejudice
Gran6ng Mo6on to Dismiss or AD 1. Dismissal upon No6ce by plain6ff

2. Dismissal upon Mo6on by plain6ff
1. barred by a prior judgment or by the statute of 3. Dismissal due to fault of plain6ff
limita6ons:
2. claim or demand has been paid, waived,
abandoned or otherwise ex6nguished
3. claim on which the ac6on is founded is
unenforceable under statute of frauds
4. Non-appearance of Plain6ff & Counsel in Pre-trial
DISMISSAL OF ACTIONS
Upon NoIce by PlainIff MoIon of PlainIff Fault of PlainIff Of Counteclaim
Any6me Before service of answer or Approved by court No jus6fiable causes Before

mo6on for summary judgment responsive
pleading or
Dismissal without prejudice Dismissal without Dismissal with
mo6on for
prejudice prejudice
summary
Court shall issue order of confirming Court shall approve judgment or
dismissal introduc6on of
evidence
Two-Dismissal Rule Counterclaim been Adjudica6on upon
- no6ce of dismissal operates as an pleaded prior moIon merits
Voluntary
adjudica6on upon the merits, = dismissal limited to
Dismissal by the
provided it is filed by a plain6ff who complaint without prejudice to
claimant
has once dismissed in a competent prosecute his
court an ac6on based on same claim counterclaim
By No6ce
- dismissals must be at the instance
of the plain6ff
i. Pre-trial (Mandatory and should be terminated promptly)

- possibility of an amicable sePlement
- simplifica6on of the issues
- admissions of facts and of documents
- witnesses
- Reference to commissioner
- Judgment on the pleadings/ summary judgment
- Mark evidence, Compare, Manifest for the record s6pula6ons, reserve evidence
- Other maPers aid in the prompt disposi6on
(a) No6ce of Pre-trial - issued by clerk of court amer the last responsive pleading has been served
and filed, w/in 5 days from filing - dates for Pre-trial, CAM, JDR (if necessary)
(b) File a pre-trial brief and serve a copy - 3 days before PT
(c) Pre-trial- Pre-trial Order w/in 10 days upon termina6on of PT = control the trial proceedings
(d) Court Annexed Media6on - amer pre-trial & amer issues are joined, conducted 30 days w/out
further extension (confiden6al proceeding)
(e) Judicial Dispute Resolu6on - if the judge is convinced that sePlement is s6ll possible, conducted
15 days w/out further extension from no6ce of failure of CAM (confiden6al) (deducted to plain6ff’s
90 days)

Non-appearance of parIes
Plain6ff and Counsel Dismissal with prejudice
Defendant and Counsel allow the plain6ff to present his or her evidence ex-parte within ten (10)
calendar days from termina6on of the pre-trial. and the court to render
judgment on the basis of the evidence offered
Failure to file the Pre-trial Brief = Failure to appear in Pre-trial
INTERVENTION (whether as a plain6ff/ defendant) - must have own cause of ac6on

- pending case, at any6me before rendi6on of court
SUBPOENA
Subpoena Ad TesIficandum Subpoena duces tecum
is a process directed to a person requiring him or her to require him to bring with him or her any
aPend and to tes6fy at the hearing or the trial of an ac6on, book, documents, or other things under
or at any inves6ga6on conducted by competent authority, his or her control
or for the taking of his or her deposi6on.
Issued by Court, Officer authorized by law to do so, Jus6ce of SC or CA
Quash
witness fees and kilometrage allowed were not tendered Upon mo6on if unreasonable and oppressive
or non-relevant of the book or failed to
Failure to obey = not Contempt: advance the reasonable cost of produc6on
1. Resides more than 100km from residence to place
where he is to tesIfy
2. DetenIon prisoner without permission
COMPUTATION OF TIME- day of the act or event from which the designated period of 6me begins to
run is to be excluded and the date of performance included
- falls on sat, sun, legal holiday where the court sits, the 6me shall not run un6l the next working
holiday
- interrup6on shall be excluded in computa6on of period
MODES OF DISCOVERY
1) Deposi6on pending ac6on upon oral or wriUen interrogatories (only to a party) 10d, 5d,3d)
- ex parte moIon
- any maUer not privileged, relevant to the case, tended to oppress, annoy or embarrass
DeposIon of used by For
Any deponent Any party Impeach/ Contradict tes6mony of deponent
Party who was officer, Adverse party Any purpose

director, manager
Witness Any party Any purpose
1. Witness is dead
2. Resides 100km away from the place of hearing or Out of Phil.
3. Unable to aUend - Sick, Age, Infirmity, Imprison

A commission (authorized him to take deposi6on) or lePers rogatory (to foreign court to give its aid)
shall be issued only when necessary or convenient, on applica6on and no6ce, and on such terms and
with such direc6on as are just and appropriate
2) Deposi6on before ac6on - perpetuate own tes6mony

3) Deposi6on pending appeal - w/ leave of court
4) Request for admission - at any Ime aker issues have been joined, pending acIon only
5) ProducIon/ InspecIon of Documents - moIon showing good cause
6) Physical and Mental Examina6on of Persons - mental or physical condiIon of a party is in
controversy, Court’s discre6on, mo6on and No6ce
- he request a copy for his own examina6on=the adverse party may request a copy of examina6on
Refusal: pay expenses, contempt, strike out, Dismiss, judgment by default
TRIAL- observed set forth in the Pre-trial Order
Presenta6on of Evidence - 30 days amer Pre-trial Conference

a. Plain6ff - 3 months or 90 days (includes the 15 days of JDR)
30 days amer court’s ruling on plain6ff formal offer

b. Defendant - 3 months or 90 days
c. Third-paty - 90 days only
d. RebuPal, if necessary (discre6on of court) - completed within period of 30 days
Presenta6on of Evidence (OF ALL PARTIES) - terminated within period of 10 mons. or 300 days
XPN: No Third party claim - 6 mons. Or 180 days
Court: decide & serve copies of its decision -w/in 90 days for resolu6on
Adjournment - not longer than 1 month for each adjournment, not more than 3 mons in all
XPN: wriPen authority of Court Admi, SC
Mo6on to postpone trial for illness of party or counsel

1. Affidavit/ Sworn Cer6fica6on that the presence of party/counsel at trial is indispensable
2. Character of illness is such as to render his non-aPendance excusable
Oral offer of exhibits - offer of evidence, comment/ objec6on and court ruling - made orally
GR: Judge- shall personally receive the evidence

XPN: Ex parte hearings/Default/ WriPen Agreement of par6es - delegated to its clerk
Trial by Commissioner (CIR) - limited powers

1. Regulate the proceedings
2. Issue subpoenas
3. Rule admissibility of evidence
4. Avoid delays
5. Before entering du6es shall be sworn to faithful & honest performance
6. File a WriPen report w/ Court - findings of fact and conclusions of law, aPach exhibits —> set for
hearing
- par6es shall be no6fied by clerk and allowed 10 days to object
- par6es may s6pulate CIR findings of fact shall be final
Court - adopt, modify, reject, recommit, require addi6onal evidence

ConsolidaIon Severance Trial by Commissioner (CIR)
- common separate trial of - wriPen consent of BOTH par6es

quesIon of law or any claim, cross- - order of court to refer all to CIR
fact are pending claim, - ordered on mo6on/ motu proprio:
before the court counterclaim, or
third-party 1) Facts requires examinaIon of Long account
- may order joint complain/ any 2) Taking of an account is necessary
hearing separate issue - Refusal of witness to obey shall be deemed contempt
3) QuesIon of fact arises upon moIon
vs. Failure to appear - proceed Ex parte/ Adjourn

Joinder of Causes
of Ac6on
- COA
Demurrer to Evidence Civil Criminal
When Amer plain6ff has completed presenta6on Amer prosecu6on rests its case
of evidence = amer offer of exhibits
Grounds facts and the law the plain6ff has shown no Insufficiency of evidence
right to relief
Leave of Court Not required Required
Mo6on Granted Adjudica6on upon merits File demurrer to evidence w/in non-
- Appeal extendible of 10 day from no6ce
Mo6on Denied Amer judgment - appeal the en6re decision W/ leave - present evidence
- have the right to present evidence (w/ L) w/out leave- waives right to present
Remedy Not subject to Appeal, CPM un6l amer the termina6on of the case | MR not prohibited
Granted but on appeal waived the right to present evidence Subject to reopen to avoid
order of dismissal if miscarriage of jus6ce. Terminated
reversed within 30 days from order gran6ng it
JUDGMENTS AND FINAL ORDERS- wri6ng personally and directly prepared by the judge
- sta6ng clearly and dis6nctly the facts and the law on which it is based
- signed by him (Disposi6ve part)
- filed with the clerk of the court.
Entry of Judgment
- entered by the clerk in the book of entries of judgments
- date of finality = date of entry
- signed + Cer6ficate of finality and executory
a. Pe66on for Relief - 60 days - 6 months
b. Mo6on for Execu6on - 5 years
C. Revival of Judgment - 10 yrs
Several Judgment Separate Judgment Judgment against enIty

without juridical personality
Several defendants more than one claim for relief arising
out of the transac6on or occurrence
which is the subject maPer

Several Judgment Separate Judgment Judgment against enIty

without juridical personality
render judgment against one or terminate the ac6on with respect to the set out their individual or
more of them, leaving the ac6on claim so disposed of and the ac6on shall proper names, if known
to proceed against the others proceed as to the remaining claims
POST-JUDGMENT REMEDIES
MoIon for ReconsideraIon MoIon for new trial
WriPen, grounds, no6ce to adverse party, resolved w/in 30 d
(a) Contrary to Law (a) Fraud, accident, mistake or excusable negligence which
(b) Insufficient Evidence to jus6fy ordinary prudence could not have guarded against and by reason
decision of which such aggrieved party has probably been impaired in his
(c) Damages are Excessive rights; or — Affidavit of Merits (AM)
(b) Newly discovered evidence, which he could not, with

reasonable diligence, have discovered and produced at the trial,
and which if presented would probably alter the result. —
Judicial Affidavits
No 2nd MR Par6al New Trial - enter judgment or stay enforcement
Set Aside, Denied, Amend Original judgment shall be vacated and ac6on shall stand for trial
de novo
Remedy if denied: Not appealable, appeal from the judgment or final order
PETITION FOR RELIEF OF JUDGMENT (Rule 38)

-verified, FAMEN (AM) prevented from taking an appeal
- must be a party to an ac6on XPN: ac6on in rem via publica6on (deemed par6es to the case)
- w/in 60 days amer he learns of the judgment and not more than 6 months amer entry of judgment
- w/in 15 days to answer —> Hearing —> Decision: Dismissed Pe66on or Set aside the decision
as if judgment had never been rendered and if a 6mely MR or MNT had been granted by it
- Preliminary induc6on pending proceedings upon filing bond
ANNULMENT OF JUDGMENT (Rule 47) - original ac9on filed before CA or RTC

- not necessary to be a party to the case
Grounds:
Extrinsic Fraud : 4 years from discovery ; cannot avail MNT or Pe66on for Relief
Lack of JurisdicIon (subject maUer/ defendant) : Any6me before barred by laches/ estoppel
Lack of Due Process: AnyIme - CA issue summons
Effects:
1. Set aside the judgment without prejudice to refile
2. Extrinsic Fraud - try the case as if a 6mely MNT had been granted by it
EXECUTION
MaUer of right DiscreIonary Independent AcIon
Mo6on upon judgment Mo6on w/ no6ce to adverse party Amer the lapse of such 6me, and
If no appeal has been duly pending appeal or several or before it is barred by the statute of
perfected par6al judgment limita6ons,

MaUer of right DiscreIonary Independent AcIon
may be executed on mo6on May be stayed upon approval of

within five (5) years from the supersedeas bond
date of its entry
XPN: Immediately Executory
Injunc6on
Receivership
Accoun6ng
Support
PROPERTY EXEMPT FROM EXECUTION

(a)The judgment obligor’s family home as provided by law, or the homestead in which he resides,
and land necessarily used
(b) Ordinary tools and implements personally used by him in his trade, employment, or livelihood;
(c) 3 horses, 3 cows, or 3 carabaos, or other beasts of burden, necessarily used in his ordinary
occupa6on;
(d) His necessary clothing and arIcles for ordinary personal use, excluding jewelry;
(e) Household furniture and utensils necessary for housekeeping w/ value not exceeding 100K
pesos;
(f) Provisions for individual or family use sufficient for 4 months;
(g) The professional libraries and equipment of judges, lawyers, physicians, pharmacists, den6sts,
engineers, surveyors, clergymen, teachers, and other professionals, not exceeding 300K in value;
(h) 1 fishing boat and accessories not exceeding 100k owned by a fisherman and by the lawful use of
which he earns his livelihood;
(i) Salaries, wages, or earnings within the 4 months preceding the levy as are necessary for the
support of his family;
(g) LeUered gravestones;
(k) Monies, benefits, privileges, or annuiIes accruing or in any manner growing out of any life
insurance;
(l) right to receive legal support, or any pension or gratuity from the Government;
(m) Proper6es specially exempted by law.
ORDINARY APPEAL PETITION FOR REVIEW ON SPECIAL CIVIL ACTION FOR

(Rule 41) CERTIORARI ( Rule 45) CERTIORARI (R65)
NoIce of Appeal- 15d NoIce of Appeal- 15d from Grave abuse of Discre6on
perfected if filed in due 6me no6ce of judgment/no6ce of amoun6ng to lack or excess
Record on Appeal - 30d denied MR/MNT jurisdic6on - 60d
upon approval filed in due 6me +30D extension - no appeal or SPA remedy
Writ of HC- 48 hrs
Writ of Amparo - 5 days
Writ of Habeas Data - 5 days
MR is not pre-requisite MR is required MR is required
Decision of RTC in the exercise Decision of RTC, CA, SB, CTA En RTC, CA, SB - concurrent
of its original jurisdic6on Banc jurisdic6on
Appeal to CA (MaPer of right) Appeal to SC (Discre6onary) Appeal to CA/SB
Ques6ons of fact/law or mix Only ques6ons od law Ques6ons of fact/law or mix
MaPer of right Discre6onary

II. CRIMINAL PROCEDURE • Perjury -is commiPed at the 6me

affiant subscribes and swears to his
Jurisdic6on or her affidavit
1. Over the subject maPer -conferred by law • False Tes6mony -is at the place
2. Person of the accused - voluntary appearance or warrant where the tes6mony under oath is
3. Territory given
Venue is where the crime is commiPed

XPN:
BP 22
1. Ar6cle 2, RPC
Venue is where the place
2. SC orders change of venue (Sec.5[4],Art.VIII) where the check is
3. Sec6on 15(b) - Where an offense is commiPed in a train, aircram, or other Drawn
4. public or private vehicle in the course of its trip, Issued
Delivered
5. Sec6on 15(c) - Where an offense is commiPed on board a vessel in the Dishonored
course of its voyage Deposited (Brodeth vPeople)
6. Cases cognizable by Sandiganbayan
7. Libel (Art. 360)
8. RA 8042 (Illegal recruitment cases), as amended
Ins6tu6on of criminal ac6ons

- under the direc6on and control of the prosecutor.
• if an informa9on has no wriGen approval of the Chief Prosecutor or

provincial prosecutor, and you as the counsel to the accused does not Complaint
- sworn wriPen statement charging a
ques9on it in a mo9on to quash, you waived it by your silence, person with an offense
acquiescence, or failure to raise such ground during arraignment or - subscribed by offended party
before entering a plea.
Informa6on
1. InformaAon / Complaint - MTC - accusa6on in wri6ng charging a person
with an offense, subscribed by the
2. Complaint + Affidavit
prosecutor and filed with the court.
- where Preliminary Inves6ga6on is required (4, 2,1 )
- Contents:
(a) Name of the Accused

• A mistake in the name of the accused is not equivalent, and does not necessarily amount to, a
mistake in the iden9ty of the accused especially when sufficient evidence is adduced to show that
the accused is pointed to as one of the perpetrators of the crime
(b) Designa6on of the offense

(c) Cause of Ac6on
(d) Place of Commission
• Husband has affair abroad. Wife filed VAWC. One of the elements of the crime VAWC which is "the
offender causes on the woman and/or child mental or emo9onal aguish" is one of the essen9al
elements that has been occur in the PH. Thus, PH has jurisdic9on.
(e) Date of Commission

GR: not necessary
XPN: material ingredient of the offense
(f) Name of the offended party

• In oral defama9on, a crime against honor, the iden9ty of the person against whom the defamatory
words were directed is a material element. Thus, an erroneous designa9on of the person injured is
material

Duplicity of Offense - ground for a mo6on to quash(waivable)

GR: charge only 1 offense
XPN: law prescribes a single punishment for various offenses
Amendment
MaUer of Right MaUer of DiscreIon
At any 6me before accused enters his plea (arraignment) Amer plea and during trial
Without leave With leave of court
Form & Substance - Mo6on w/ leave + No6ce to Offended Party Amend in forms provided as it will not cause
prejudice to the rights of the accused
If the purpose of the amendment is to downgrade the nature of the
offense charged in or exclude any accused from the complaint or
informa6on
Prejudicial to accused- substan6al amendment (Homicide to Murder)
Amendment SubsItuIon
refers to the same offense or an offense which is Different offense

necessarily includes or necessarily included on the
same charged
May formal or substan6al changes Always substan6al changes
May or may not leave of court. Always require leave of court since the original offense
ExcepPo downgrade the offense must be dismissed
No need of another PI Need of another PI
No need of re-arraignment New re-arraignment
Double Jeopardy set in Double jeopardy not set in
ProsecuAon of Civil AcAons

GR: a criminal ac6on is ins6tuted, the civil ac6on for the recovery of civil liability arising from the
offense charged shall be deemed ins6tuted with the criminal ac6on
XPN:
1. the offended party waives the civil ac6on
2. reserves the right to ins6tute it separately- before the prosecu6on starts presen6ng its evidence
XPN: No reserva6ons in BP 22 & Independent Civil Ac6on & Quasi-delict
3. ins6tutes the civil ac6on prior to the criminal ac6on.
Amer the criminal ac6on has been commenced, the separate civil ac6on arising therefrom cannot be
ins6tuted un6l final judgment has been entered in the criminal ac6on (Suspended).
No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal
case. Must be li6gated in a separate civil ac6on.
Filing fees
GR: Actual Damages - no filing fees required
Moral, Nominal, Temperate/Exemplary damages - must pay filing fees(cons6tute lien on the
judgment)

XPN: Filing fees should be filed in BP22 & Estafa Cases

Criminal ac6on for viola6on of BP Blg. 22 shall be deemed to include the corresponding civil ac6on.
No reserva6on to file such civil ac6on separately shall be allowed.
Death of the Accused

Amer arraignment and during the pendency of the criminal ac6on - ex6nguish the civil liability arising
from the delict.
XPN: Independent Civil Ac6on - from other sources of obliga6on -claim against the estate or legal
representa6ve of the accused amer proper subs6tu6on
Prejudicial QuesAon - MoAon to suspend criminal proceedings (before prosecuAon rest its case)
Elements of a prejudicial ques6on are:
(a) the previously ins6tuted civil acIon involves an issue similar or
in6mately related to the issue raised in the subsequent criminal ac6on,
CIVIL ACTION FIRST!
(b) the resolu6on of such issue determines whether or not the criminal
ac6on may proceed.
• Prejudicial Ques9on arises only if there has been a previously filed civil ac9on. Moreover, pending
case for declara9on of nullity of marriage does not raise a prejudicial ques9on to a charge of
bigamy since a person who contracts a second marriage without first awai9ng a judicial
declara9on of nullity of his 1st marriage has already commiGed bigamy. the issue in the civil case is
not determina9ve of the guilt and innocence of he accused in the criminal case.
Preliminary InvesAgaAon
- inquiry or proceeding to determine whether there is sufficient ground to engender a well-
founded belief that a crime has been commiPed and the respondent is probably guilty thereof, and
should be held for trial.
• Probable cause can be established with hearsay evidence, as long as there is substan9al basis for
credi9ng the hearsay. Hearsay evidence is admissible in determining probable cause in a
preliminary inves9ga9on because such inves9ga9on is merely preliminary, and does not finally
adjudicate rights and obliga9ons of par9es.”
PI required —> Filing Info —> Issuance of Warrant —> Arrest —> Arraignment —> Pretrial —> Trial
—> Judgment —> Appeal —> Service of sentence
vs.
No PI required
• Chartered City
Filing Complaint to prosecutors office —> Filing Info —> Issuance of Warrant —> Arrest
• Provincial
Direct filing Complaint to court —> Issuance of Warrant —> Arrest
• In flagrant delicate/ hot pursuit

Arrest —> Inquest Proceedings —> Filing Informa6on / Valid Waiver of Art. 125 of RPC (under oath and
with assistance of his counsel) —> Commitment Order —> Arraignment
Warrantless Arrest: valid

(a) When, in his presence, the person to be arrested has commiPed, is actually commivng, or is
aPemp6ng to commit an offense;
(b) When an offense has just been commiPed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has commiPed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or

place where he is serving final judgment or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.
Arrest (any day and any 6me of day and night)

- taking of a person into custody in order that he may be bound to answer
- actual restraint or submission to the custody
Arrest with Warrant Arrest Without warrant Arrest by private
Cause of Arrest and Fact Cause of Arrest and Authority Cause of Arrest and Inten6on
BAIL
-security given for the release of a person in custody of the law, furnished by him or a bondsman,
to guarantee his appearance before any court as required under the condi6ons hereinamer
specified.
- furnished by him/ Bondsman/recognizance or responsible person
- not a bar to quesAon the validity of arrest/warrant/ absence of PI
MTC RTC
Bail as MaPer of Right Before and amer convic6on Before
Discre6onary Amer w/out bail Nega6ng
Denied Bail
• Imprisoned exceeding 6 years
• Bail Nega6ng Circumstance Rights of Accused
- recidivist, quasi-recidivist, or habitual delinquent, or has commiPed
• Right to be presumed innocent
the crime aggravated by the circumstance of reitera6on; • To be informed of the nature and cause of
• Escaped accusa6on against him
• CommiPed a crime while under proba6on • Right to counsel
• Flight Risk • Tes6fy as a witness
Undue Risk • To be exempt from being compelled to be
a witness against himself.
• To confront and cross -examine the
Amount of Bail witnesses against him
a) Financial ability of the accused to give bail; • To secure aPendance of witness or
(b) Nature and circumstances of the offense; evidence in his behalf
(c) Penalty for the offense charged; • To have speedy, impar6al and public trial
• To appeal
(d) Character and reputa6on of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial; Non bailable Offense
(h) Forfeiture of other bail;
- Capital Offense
(i) The fact that accused was a fugi6ve from jus6ce when arrested; (at the 6me of its commission and applica6on for
(j) Pendency of other cases where the accused is on bail. admission to bail punishable by death)
+ Evidence of the guilt is strong
GR: No bail shall be allowed amer the judgment of convic6on has
become final.
XPN: If before such finality, the accused has applies for proba6on, he may be allowed temporary
liberty under his bail.

Cancelled Forfeited
Upon surrender of accused Accused fails to appear

Proof of death of accused bondsmen given 30days to produce the principal or explain
Execu6on of judgment - May arrest or Re-arrested without the need of warrant
Final Order - appealable
MoAon for Bill of ParAculars

- prior arraignment, move for a BP to enable him properly to plead and prepare for trial
- specify the alleged defects of the complaint or informa6on and the details desired.
Mo6on for Produc6on/ Inspec6on of material evidence (good cause + No6ce to par6es)
MoAon to Quash
- at any 6me before entering his plea, move to quash the C/I
- wriPen, signed by accused/counsel
- specify its factual and legal grounds:
Facts charged do not cons6tute an offense; NOT WAIVED cured

Court has no jurisdic6on over the offense charged; NOT WAIVED
No jurisdic6on over the person of the accused; cured
Officer who filed the informa6on had no authority to do so
it does not conform substan6ally to the prescribed form cured
more than 1 offense is charged cured
XPN: single punishment for various offenses is prescribed by law;
Criminal ac6on or liability has been ex6nguished; NOT WAIVED Barred
Averments which, if true, would cons6tute a legal excuse or jus6fica6on Cured
Double Jeopardy - NOT WAIVED Barred
Double Jeopardy
- shall be a bar to another prosecu6on for the offense charged
1. accused has been previously convicted or acquiPed or the case was dismissed without his express
consent
2. by a court of competent jurisdic6on,
3. upon a valid complaint or informa6on
XPN: Convic6on of the accused shall not be a bar to another prosecu6on for an offense which
necessarily includes the offense charged in the former complaint or informa6on:
(a) graver offense developed due to supervening facts arising from the same act or omission;
(b) facts cons6tu6ng the graver charge became known or were discovered only amer a plea was
entered in the former complaint or informa6on;
(c) the plea of guilty to lesser offense was made without the consent of the prosecutor & offended
party
Provisional Dismissal - only WITH consent of accused
Imprisonment not exceeding 6yrs/ fine Permanent 1 yr after issuance of the order without being revived
Exceed 6 years Permanent 2 yrs after issuance without case being revived

Arraignment and Plea (personal)

- held w/in 30 days from date the court acquires jurisdic6on
- open court
- Furnish and read the complaint or informa6on, in the language or dialect known to him, asking
him whether he pleads guilty or not guilty.
Plea not guilty Plea of Lesser Offense Plea Guilty Plea Guilty
(Not Capital Offense) (Capital Offense)
refuses to plead or with Consent of offended court may Court shall

makes a condi6onal party + Prosecutor - receive evidence from the conduct:
plea, par6es to determine the
before trial - plea lesser penalty to be imposed - searching inquiry
offense amer withdrawing into the
his plea of not guilty voluntariness and
full comprehension
pleads guilty but which is necessarily Hearing (discre6on of court) of the
presents exculpatory included in the offense will only be to determined consequences of
evidence charged with the the exact penalty to impose his plea
conformity of the trial - require the
prosecutor alone. prosecu6on to
Failure of offended party to 15 days to prepare for trial prove his guilt
appear at arraignment
Private offended party shall be required to appear at Improvident Plea - Plea involuntarily made and
the arraignment for plea bargaining, determina6on of without consent. He doesn’t know and can be
civil liability. withdrawn any6me before the convic6on becomes
final. If it reaches to SC and the convic6on is only
based on IP, SC will remand it back to court
- It would be considered if there was failure to
conduct searching inquiry.
Suspension of Arraignment:
(a) accused appears to be suffering from an unsound mental condi6on which effec6ve renders him
unable to fully understand the charge against him and to plead intelligently
(b) There exists a prejudicial ques6on; and
(c) A pe66on for review of the resolu6on of the prosecutor is pending at either the Department of
Jus6ce, or the Office of the President; provided, not exceed sixty (60) days counted from the filing of
the pe66on with the reviewing office.
Pre-trial
- amer arraignment and within thirty (30) days from the date the court acquires jurisdic6on over the
person of the accused,
(a) plea bargaining;
(b) s6pula6on of facts;
(c) marking for iden6fica6on of evidence of the par6es;
(d) waiver of objec6ons to admissibility of evidence;
(e) modifica6on of the order of trial if the accused admits the charge but interposes a lawful defense;
(f) such other maPers as will promote a fair and expedi6ous trial
Pre-trial agreement - reduced in wri6ng and signed by the accused and counsel, otherwise, they
cannot be used against the accused.

ConAnuous Trial
Right of the accused speedy trial GR: En6re trial period
vs. - 180 days from 1st
Right of the accused speedy disposi6on (CONSTI: Quasi, Judicial, Admin, day of trial
and applies even on Appeal) - affidavit
180 days = 1st year trial
Trial in absen6a 120 days = 2nd year trial
- accused was arraigned and duly no6fied of trial, but his failure to appear 80 days = 3rd year trial
is unjus6fiable
1. Prosecu6on Presents
- Mo6on for Demurrer to Evidence - ac6on on the ground of insufficiency of evidence
- Mo6on to Discharge accused to be a state witness - affidavit —> Hearing : Denied affidavit -
inadmissible or AdmiPed - admissible and discharge the accused (Sec. of Jus6ce)
- grounds:
(a) There is absolute necessity for the tes6mony of the accused whose discharge is requested;
(b) The is no other direct evidence available for the proper prosecu6on of the offense commiPed,
except the tes6mony of said accused;
(c) The tes6mony of said accused can be substanIally corroborated in its material points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any 6me been convicted of any offense involving moral turpitude
2. Accused Presents
3. RebuPal/SurebuPal
MoIon for postponement

1. Force Majeure
2. Acts of God
3. Physical unavailability of the witnesses
Judgment
- may reopen only if there is no finality of convic6on
Not Guilty : AcquiUal Guilty : Convicted
Failed to prove his guilt beyond Promulga6on in absen6a = lose remedies

reasonable doubt 1. Failure to appear despite no6ce
2. Promulga6on shall be recorded in criminal docket
3. Copy of judgment served upon the accused/counsel
XPN: light offenses - not required to appear during promulga6on

RTC (Reclusion Perpetua/Life Imprisonment) — SC (no6ce of appeal)
RTC (Death Penalty) — CA (Automa6c Review)
1 search warrant (effec6ve un6l 10 yrs) = 1 offense -filed before the court where the crime is
commiPed
XPN: compelling reasons | Execu6ve Judge of Manila, QC - enforceable anywhere in Philippines
1. Probable cause - personally examined by the judge under oath
2. Searching ques6ons - in wri6ng and under oath
3. Place to be search with par6cularity and the persons or things to be seized is iden6fiable -
inventory; contempt

Mo6on to Quash - Filed before the search warrant; where the warrant was issued or criminal case is
pending
vs.
Mo6on to suppress - items already seized but u want to stop it use in court
APPEAL (Rules 41, 45)

Rule 41: Ordinary Appeal Rule 42: PeIIon for Review Rule 45: PeIIon for CerIorari
completely disposes of the case Civil or criminal case
Judgment of RTC RTC (appellate jurisdic6on) RTC, CA, CB, CTA En Banc
(original jurisdic6on)
Ques6on of law or facts Ques6on of law or facts Ques6on of laws
No6ce of Appeal w/in 15 days Verified Pe66on Verified Pe66on for Review on
or Record on Appeal w/in 30 days w/in 15 days Cer6orari w/in 15 days
or Habeas Corpus cases w/in 48 hrs + Cert. against Forum Shopping
from no6ce of judgment + full payment of Docket fees
+ Provisional remedy - Injunc6on
To CA (maPer of right) CA (discre6on) SC (discre6on)
5 copies of transcripts of 7 legible copies 18 copies

tes6monial evid
Judgment of MTC in the exercise of its delegated jurisdic9on in land registra9on cases shall be
appealable in the same manner as decisions of RTC. Hence appeal to CA by no9ce of appeal within 15
days from no9ce of denial of MR)
NoIce of Appeal Record on Appeal
perfected upon the filing of the no6ce of appeal perfected upon the approval of the record on
in due 6me appeal filed in due 6me
Court loses jurisdic6on over the case upon the court loses jurisdic6on upon the approval of the
perfec6on of the appeals records on appeal
RESIDUAL JURISDICTION: Court may issue, prior to the transmiPal of the original record or the RA:
1. orders for the protec6on and preserva6on of the rights of the par6es
2. approve compromises,
3. permit appeals of indigent li6gants,
4. order execu6on pending appeal
5. allow withdrawal of the appeal.
ANNULMENT OF JUDGMENT (Rule 47)

- verified pe66on w/ par6cularity of facts and law + substan6al COA, 7 legible copies + CAFS
- MTC —> RTC | RTC (civil ac6ons) —> CA
- ordinary remedies of new trial, appeal, pe66on for relief or other appropriate remedies are no
longer available through no fault of the pe66oner
- Grounds:
1. Extrinsic Fraud - ac6on must be filed within four (4) years from its discovery
2. Lack of Jurisdic6on - before it is barred by laches or estoppel

- Relief; award damages, aPy fees and order res6tu6on / jus6ce and equity
- Effect:
1. Set aside w/out prejudice to refile
2. Set aside (Extrinsic Fraud) - try the case as if a 6mely mo6on for new trial had been granted
Cybercrime Warrants
preserva6on, disclosure, search and examina6on of computer data, valid for 10 days from issuance.
Cybercrime courts in QC, Manila, Maka6, Pasig, Cebu, Ilo-ilo, Davao, Cagayan de oro
- enforceable na6onwide and outside the Philippines
Venue : where elements is commiPed, computer system is situated, damages caused took place
III. EVIDENCE
- the means, sanc6oned by these rules, of ascertaining in a judicial proceeding the truth respec6ng a
maPer of fact
1. Admissible - relevant to the issue and not excluded by Con6, laws, or these rules
2. Relevance - must have such a rela6on to the fact in issue as to induce belief in its existence or non-
existence
Judicial NoIce Judicial admission
(1) Mandatory -w/out intro of evid admission, oral or wriPen, made by the party in the
(2) Discre6onary course of the proceedings in the same case, does not
- public knowledge, require proof
- capable of unques6onable demonstra6on
- ought to be known to judges because of their - contradicted only by showing that it was made
judicial func6ons. through palpable mistake or that the
(3) Hearing Necessary imputed admission was not, in fact, made.
- motu propriety or upon mo6on hear the par6es
during pre-trial or trial
Object as evidence - Objects as evidence are those addressed to the senses of the court. When an
object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.
Documentary evidence.
Documents consist of wri6ngs, recordings, photographs (DWRP) or any material containing
lePers, words, sounds, numbers, figures, symbols, or their equivalent, or other modes of wriPen
expression offered as proof of their contents.
Photographs include s6ll pictures, drawings, stored images, x-ray films, mo6on pictures or videos.
Text messages are electronic documents which are covered by the Original Document Rule. Hence
tes9mony or transcript of their contents can be introduced provided predicate is laid.
“Original” - document itself or any counterpart intended to have the same effect by a person
execu6ng
"Duplicate" - a counterpart produced by the same impression as the original/ which accurately
reproduce the original.
GR: Duplicate is admissible to the same extent as an original
XPN: (1) a genuine ques6on is raised as to the authen6city of the original, or
(2)it is unjust or inequitable to admit the duplicate in lieu of the original.

Original Document Rule (formerly known as Best Evidence Rule)

When the subject of inquiry is the contents of a DWRP, no evidence is admissible other than the
original document itself.
- not applicable to tes6mony/ oral or object evidence.
XPN: Secondary Evidence may be introduced (CLAP-CO)

may prove its contents by a copy, or by recital of its contents in some authen6c document, or by the
tesImony of witnesses in the order stated
1. When the original document has been lost or destroyed, or cannot be produced in court w/out BF,
- the offeror: proof of its execu6on or existence and the cause of its unavailability =
2. Original is in the custody or under the control of adverse party - reasonable no6ce & fails to
produce
3. Consists of numerous accounts or other documents which cannot be examined in court without
great loss of 6me sought to be established from them is only the general result of the whole
- contents presented in the form of summaries
4. public record in the public officer’s custody - cer6fied copy issued by the public officer in custody
5. original is not closely-related to a controlling issue
6. The original cannot be obtained by the local judicial processes or procedures.
Founda6on for introduc6on of secondary evidence:

1. Proof of ExecuIon or existence of the doc.
2. Cause of its unavailability
3. Reasonable diligence and good faith on the part of proponent to produce original
Parol Evidence Rule

When the terms of an agreement have been reduced to wri6ng, it is considered as containing all the
terms agreed upon and there can be no evidence of such terms other than the contents of the
wriPen agreement (includes wills) between the par6es and their successors in interest.
XPN: present evidence to modify, explain or add to the terms if he puts in issue in verified pleading:
(a) Intrinsic ambiguity, mistake or imperfec6on in the wriPen agreement; (A)
(b) The failure to express the true intent and agreement of the par6es thereto; (I)
(c) The validity of the wriPen agreement; or (V)
(d) Subsequent agreements or existence of other terms agreed to by the par6es or their successors
in interest aker the execuIon of the wriPen agreement. (S)
To overcome the presump9on that the wriGen agreement contains all the terms of the agreement,
the parol evidence must be clear and convincing
The parol evidence rule bars evidence of prior or contemporaneous terms or condiAons, whether
oral or wriden, which would alter the terms of a wriGen contract.
Court may not enter a contract for the par9es, they can merely Interpreta6on
interpret the same
Legal meaning
TesImonial Evidence construed so as to give effect to all provisions.
Witnesses general < par6cular provision (inconsistent)
- all persons who can perceive, and perceiving, can make known Circumstance
their percep6on to others WriPen > printed (inconsistent)
Usage

- tes6mony confined to facts he/she knows of personal knowledge, derived from own percep6on
- Disqualifica6on: cannot tes6fy
Marital Disqualifica6on Rule (by reason of marriage)

During their marriage, husband or wife cannot tes6fy against the other w/out affected spouse’s
consent
XPN: There is no more harmony, peace, & tranquility to be preserved thus the reason for the MDR
ceases
1. civil case by one against the other,
2. criminal case for a crime commiPed by 1 against the other/laPer’s direct descendants or
ascendants
Marital DisqualificaIon Rule Marital CommunicaIon Privilege
Marriage should be exis6ng at 6me of offer of May be invoked even amer the termina6on of
tes6mony marriage
Total prohibi6on vs. any tes6mony against spouse Apply only on confiden6al communica6ons bet spa
By reason of privileged communica9on -
• Husband or wife
During and amer marriage cannot be examined without the consent other as to any
communica6on received in confidence during the marriage
XPN:
1. civil case by one against the other, or
2. criminal case for a crime commiPed by 1 against the other/laPer’s direct descendants or
ascendants.
• Adorney-Client privilege
XPN:
GR: APy. or person reasonably believed bv the client (i) Furtherance of crime or fraud.
to be licensed to engage in the pracIce of law cannot (ii) Claimants through same deceased client.
be examined as to any communica6on made by the (iii) Breach of duty by lawyer or client.
client to him or her, or his or her advice given thereon (iv) Document aPested by the lawyer or communica6on
in the course of, or with a view to, professional relevant to an issue concerning an aPested document
employment without the clients’ consent (v) Joint clients. communica6on relevant to a maPer of
common interest between two or more clients if the
Nor can an aPorney's secretary, stenographer, or communica6on was made by any of them to a lawyer
clerk, or other persons assis6ng the aPorney be retained or consulted in common, when offered in an
examined without the consent of the client and his or ac6on between any of the clients
her employer, concerning any fact the knowledge of XPN: they have expressly agreed otherwise
which has been acquired in such capacity,
• Doctor-pa9ent privilege applies only to civil cases, not criminal cases

• psychological evalua9ons in marriage nullifica9on privileges are not covered by the privilege since
the subject knows that the evalua9on is to be used in court and hence, no expecta9on of privacy
By reason of tes9monial privilege

No person shall be compelled to tes6fy against his or her parents, other direct ascendants, children
or other direct descendants (Hence, step mother may be compelled to tes6fy against her stepson)
XPN: if tesImony is indispensable in a crime

A person cannot be compelled to tes6fy about any trade secret,

XPN: non-disclosure will conceal fraud or otherwise work injus6ce.
Out of Court Statements (HARI)
1. Hearsay Rule ( INADMISSIBLE if objected to)

- if not objected to; waived = s6ll has proba6ve value and can be admiPed
Hearsay is a statement out of court statement offered to prove the truth of the facts asserted
therein. OTA
Dog is not treated as a declarant/ witness who can be cross-examined. Hence, tes9mony that the dog
sat beside the package is not tes9mony about out-of-court declara9on and thus not hearsay.
Medical cer9ficate that plain9ff suffered whiplash is hearsay if the physician who executed it not
presented in court.
Complaint-affidavit is hearsay where affiant did not tes9fy and was not subject to cross-examina9on
on contents thereof.
Lack of firsthand knowledge disInguished from hearsay

Tes9mony confined to personal knowledge. -A witness can tes6fy only to those facts which he or she
knows of his or her personal knowledge; that is, which are derived from his or her own percep6on.
Prosecu6on presents W who tes6fies that accused shot the vic6m. Defense knows that W was in the
U.S. at the 6me of the shoo6ng, which happened in the PH. Defense can object on the ground of lack
of firsthand knowledge. vs.
Prosecu6on presents W who tes6fies that he heard David say that accused shot vic6m. The proper
objec6on is not lack of firsthand knowledge but hearsay since W is repor6ng an out-of-court
statement.
XPN:
1. Dying declara6on - applies to both criminal and civil
declara6on of a dying person, made under the consciousness of an impending death, may be
received in any case wherein his or her death is the subject of inquiry, as evidence of the cause and
surrounding circumstances of declarant’s death.
The degree and seriousness of declarant’s wounds is sufficient to show that he was conscious of his
dying condi9on
2. Part of the res gestae- statements made by a person while a startling occurrence is taking place or
immediately prior or subsequent thereto, under the stress of excitement caused by the
occurrence with respect to the circumstances thereof, may be given in evidence as part of the res
gestae.
Statement admissible even if made eleven hours a]er the incident, provided the declarantwas s9ll
under the influence of the startling event.
If the statement was made at the 9me of or immediately before or a]er the startling occurrence, it
may be presumed that it was made under the stress of excitement caused by the startling occurrence,
but if it is removed in 9me from the occurrence, there must be a showing that the declarant was s9ll
under the stress of excitement.

2. ADMISSION (ADMISSIBLE)
- act, declara6on or omission (ADO) of a party to a relevant fact, evidence against him/her
- not an excep6on to the hearsay rule
vs.
CONFESSION
- declara6on of an accused acknowledging his or her guilt of the offense charged or of any offense
necessarily included therein, may be given in evidence against him
Offer of compromise
Civil case Criminal case
An offer to pay, or the payment of medical, hospital or other expenses occasioned by an injury, is not
admissible in evidence as proof of civil or criminal liability for the injury
not an admission of any liability implied admission of guilt.
not admissible in evidence against the offeror. XPN: Quasi Offenses (Criminal Negligence)
Neither is evidence of conduct nor statements made A plea of guilty later withdrawn or an unaccepted
in compromise nego6a6ons admissible offer of a plea of guilty to a lesser offense
- not admissible in evidence against the accused
XPN: offered for another purpose
1. proving bias or prejudice of a witness, Any statement made in the course of plea bargaining
2. nega6ving a conten6on of undue delay, or with the prosecu6on, which does not result in a plea
3. proving an effort to obstruct a criminal of guilty or which results in a plea of guilty later
inves6ga6on or prosecu6on. withdrawn
- not admissible.
3. Res Inter Alios Acta (INADMISSIBLE)

- act, declara6on or omission (ADO) of third party cannot be given in evidence against a party
- statement made out of court (not admissible) vs. in court (admissible as admission-subject to cross)
XPN: Vicarious Admission (VA) are not covered by hearsay rule. Hence, a witness may tes6fy even if
the VA are made out of court due to sufficient affinity or close relaIon of the 3rd person w/adverse
party.
1. By Third Party - as an excep6onal case
2. By Co-partner/ agent -authorized act or within scope of authority + during existence of
partnership
3. By Conspirator - in furtherance of conspiracy + during conspiracy’s existence + Conspiracy is
shown by evidence other than the Act or declara6on (AD)
4. By privies - derives 6tle to prop from another, laPer’s ADO in rel. to the property is evidence
against the former if done while the laPer was holding the 6tle.
5. By silence - AD made in the presence + w/in observa6on of party who does/says nothing when AD
is such as naturally call for ac6on/comment if not true + proper and possible to do so.
Similar Acts Rule or Previous Conduct as Evidence

GR: previous conduct not admissible to prove that he did the same thing at another 6me
XPN: may receive to prove specific intent or knowledge, iden6ty, plan, system, scheme, habit, custom
or usage, and the like. (PIKICHUS & the like)
Rape Shield Rule

In prosecu6ons for rape, evidence of complainant’s past sexual conduct, opinion thereof, or of his/

her reputa6on (PascOR) inadmissible

- “Even an immoral woman has some freedom of selec9on”
XPN:court finds that such evidence is material & relevant to the case
- unless with accused to show consent or with others to show that another was source of semen,
injury, or other physical evidence.
4. Independently relevant statement (ADMISSIBLE)

- not an excep6on to the hearsay rule and an out-of-court statement
- is relevant not for the truth of a maPer asserted therein but for something else,
- state of mind, intent, belief, the mere fact of uPerance, or legal effect. (SIBUL)
Residual Excep6on-(X)covered; has equivalent circumstan6al guarantees of trustworthiness-

admissible
(a) the statement is offered as evidence of a material fact;
(b) more proba6ve on the point for which it is offered than any other evidence
(c) the interests of jus6ce will be best served bv admission of the statement into evidence
Opinion Rule -INADMISSIBLE

XPN:
1. Expert witness (special knowledge, skill, experience, training or educa6on)
2. Ordinary witness -may be received in evidence regarding: (impressions of the emo6on, behavior,
condi6on or appearance of a person)
(a) The iden6ty of a person about whom he or she has adequate knowledge;
(b) A handwri6ng with which he or she has sufficient familiarity; and
(c) The mental sanity of a person with whom he or she is sufficiently acquainted.
Character Evidence - INADMISSIBLE

Evidence of good character of a witness is not admissible un6l such character has been impeached
XPN:
Criminal Case Civil Cases
(a) character of the offended party = offense charged Admissible only Criminal
(b) accused may prove his or her good moral character, per6nent to the moral when per6nent and Civil
trait involved in the offense charged. to the issue of Cases
character
XPN: prosecu6on may not prove his or her bad moral character unless on involved in the
rebuPal. case
Burden of proof Burden of Evidence
Never shims Shims
duty of a party to present evidence
to establish claim/defense by amount of evidence required by law to establish a prima facie case
Conclusive Presump6on (led another to believe a par6cular thing true + Tenant & Landlord’s 6tle) vs.
Disputable presump6on (presump6ons are sa6sfactory, but may be overcome by other evidence)
Leading Ques6on which suggests to witness the answer which the examining party desires -is
allowed vs.

Misleading Ques6on assumes as true a fact not yet tes6fied to by the witness, or contrary to that
which he or she has previously stated - not allowed
to refresh his or her memory respec6ng a fact by no recollec6on of the par6cular facts, if he or
anything wriPen or recorded by himself or herself, or she is able to swear that the wri6ng or record
under his or her direc6on correctly stated the transac6on when made
must be produced and may be inspected by the adverse
party,
Impeachment = Means to destroy or put in doubt the credibility of the witness or his tes6mony. Not
necessary to show that witness is lying but that witness may be mistaken in his observa6on or
narra6on (e.g. using inconsistent statement). Impeachment may be done during cross or by
independent evidence.
1. Reputa6on for honesty, integrity, or truth (HIT) is bad.

2. Inconsistent statement: WARE wriPen, related to him, asked whether he made, explain
inconsistency
3. Contradictory evidence.
4. Convic6on (a) the crime was punishable by a penalty more than 1 year or (b) involved moral
turpitude
Public documents are:

(a) WriUen official acts, or records of the sovereign authority, official bodies and tribunals, and
public officers, whether of the Philippines or of a foreign country;
(b) Documents acknowledged before a notary public
XPN: last wills and testaments;
(c) Documents that are considered under trea6es and conven6ons which are in force
(d) Public records, kept in the Philippines, of private documents required by law to be entered
therein.
(Not a contrac6ng party to a treaty) Requirement of Consular cer9fica9on applies only to

foreign official records and not to notarial doc. Verifica9on and cert. of Non-forum shopping
notarized abroad does not require consular cert. for it to be admiGed in evidence.
Private Documents proved by

(a) anyone who saw the document executed or wriPen;
(b) By evidence of the genuineness of the signature or handwri6ng of the maker; or
(c) By other evidence
XPN: no other evidence of its authen6city need be given:
1. A private document is more than thirty (30) years old,
2. produced from a custody in which it would naturally be found if genuine
3. Unblemished by any altera6ons or circumstances of suspicion
Formal offer orally and specific purpose

- Tes6mony of Witness - must be made at the 6me the witness is called to tes6fy
- Object and Doc. Evidence - made amer the presenta6on of a party's tes6monial evidence.
Tender of excluded evidence. - If docs or things offered are excluded by the court, the offeror may
have the same aPached to or made part of the record. If the evidence excluded is oral, the offeror
may state for the record: (1)Witness’ name+personal circumstances; (2) substance of the proposed

tes6mony
An extrajudicial confession made by an accused shall not be sufficient ground for convic6on, unless
corroborated by evidence of corpus delic9.
Preponderance of evidence - civil cases, superior weight of evidence on the issues involved lies
Proof beyond reasonable doubt - criminal cases, moral certainty or that degree of proof which produces
convic6on in an unprejudiced mind (X) absolute certainty
Circumstan6al evidence is sufficient for convic6on if:
(a) There is more than one circumstance;
(b) The facts from which the inferences are derived are proven; and
(c) The combina6on of all the circumstances is such as to produce a convic6on beyond reasonable doubt.
Inferences cannot be based on other inferences
Substan9al evidence. - administra6ve or quasi-judicial bodies, amount of relevant evidence which a
reasonable mind might accept as adequate to jus6fy a conclusion
IV. RULES OF PROCEDURE FOR SMALL CLAIMS CASES

1. Scope: civil ac6ons for payment of money
2. Commencement of small claims ac6on; response
STATEMENT of Claim (arising from a contract) + Cert. of Non-forum Shopping + AD + Affidavits —>
Dismiss or Issue summons to submit Verified Response (w/in 10 days from receipt of summons) or
issue no6ce of hearing
Damages arising from quasi contract are not covered by small claims.
3. Prohibited pleadings and mo6ons:

1. Mo6on to dismiss the complaint except on the ground of lack of jurisdic6on;
2. Mo6on for a bill of par6culars;
3. Mo6on for new trial, or for reconsidera6on of a judgment, or for reopening of trial;
4. Pe66on for relief from judgment;
5. Mo6on for extension of 6me to file pleadings, affidavits, or any other paper;
6. Memoranda;
7. Pe66on for cer6orari, mandamus, or prohibi6on against any interlocutory order;
8. Mo6on to declare the defendant in default;
9. Dilatory mo6ons for postponement;
10. Reply and Rejoinder;
11. Third-party complaints; and
12. Interven6ons
4. Appearance
General Rule: The par6es shall personally appear on the designated date of hearing.
XPN: a. Appearance through a representa6ve must be for a valid cause.
b. If the court determines that a party cannot properly present his/her claim or defense and needs
assistance, the court may allow another individual who is not an aPorney to assist + his consent.
Representa6ve
Effects of failure to appear
a. Must not be a lawyer, unless he is the plain6ff/ defendant Plain6ff- dismissal without prejudice
Note: Juridical en66es shall not be represented by a lawyer Defendant - the court shall render judgment
in any capacity. as alleged in the statement of claim
b. Must be related to or next-of-kin of the individual-party, Both - dismissal with prejudice
c. Authorized under SPA

5. Hearing; Duty of the Judge (read aloud explaning the nature, purpose, and procedure)
- shall be set not more than 30 days from filing of STATEMENT
- Avail only 1 request for postponement due to proof of physical inability
- Effort to SePle
—> failed to reach an amicable sePlement: hearing
—> sePled : reduced into wri6ng +Signed by par6es + approved by court
6. Finality of Judgment (FINAL, EXECUTORY, and UNAPPEALABLE)

- render decision within 24 hours from terminate of the hearing :
- Immediately be entered by Clerk
- Execu6on: mo6on of the winning party
Remedy: file Special Civil Ac6on for Cer6orari with RTC
V. SPECIAL CIVIL ACTION
EXPROPRIATION - the verified complaint filed to RTC

Requisites (incapable of pecuniary es6ma6on)
1. The property taken must be private property; where the prop. is located
2. There must be genuine necessity to take the private property; - the defendant can only file an
3. The taking must be for public use; answer instead of a mo6on to dismiss
4. There must be payment of just compensa6on; and
5. The taking must
2 stages
1. Propriety of Ac6on- authority of the plain6ff to exercise eminent domain
- the final order of expropria6on is appealable, but the lower court may determine the just
compensa6on to be paid.
2. Just Compensa6on- determined by not more than 3 commissioners
The plain6ff shall have the right to take or enter upon possession of the real property upon:
a. Filing of complaint or at any 6me thereamer,
b. Amer due no6ce to defendant, and
c. Making a preliminary deposit
For Na9onal Govt. Infrastructures, to have the right to enter or take possession of expropriated
property, the govt should immediately pay the owner 100% of the market value of the property
(issued by BIR not more than 3 yrs prior filing), not assessed value. Non-govt. Infrastructure, assessed
value standard and ini9al deposit is required.
CerIorari (R65) ProhibiIon Mandamus Quo-warranto
Define to correct to prevent or To compel / require to determine the right or

errors of jurisdicIon desist court from acIon Itle to the contested
(X) errors of further (x) specific acIon public office and to oust
judgment proceedings to - has ministerial and the holder from its
which it has no legal duty enjoyment.
legal claim (x) contractual duty
- observe the
limitaIon
(X) already been
done

CerIorari (R65) ProhibiIon Mandamus Quo-warranto
Subject Acts without jurisdic6on, - unlawfully neglects the respondent claims any right
maPer excess of jurisdic6on, performance of an act or to the office and usurps,
grave abuse of discre6on - excludes another from use intrudes into or
to which such other is unlawfully holds it
en6tled
Against exercising judicial or Exercising judicial, Exercising ministerial 1. Person who usurps
any quasi-judicial quasi-judicial func6ons 2. Public Officer
tribunal, func6ons func6ons - obedience to the mandate 3. Associa6on without
board or of a legal authority legally incorporated
officer XPN: willful refusal of
required duty even
discre6onary act
Where to SC, CA, RTC - where
file respondent resides
RTC, COMELEC, CA, SB, SC
XPN: RTC of Manila (filed by
OSG)
MR Condi6on precedent Not a condi6on precedent
Reliefs Does not stay judgment, hence file TRO/ Writ of Preliminary Injunc6on
No other plain, speedy and adequae remedy

- Unless a writ of If guilty;
preliminary 1. Ousted and altogether
injunc6on shall have excluded
issued, does NOT 2. Pe66oner recovers his
stay the challenged costs
order
Original ac6on Main ac6on
60 days from no6ce of

denial of MR
1. In Quo warranto involving an elec6ve post the issue is the eligibility of candidate elected, while in
that involving an appoin6ve post the issue is the legality of appointment.
2. In the former, if the respondent is found ineligible, the 2nd highest vote gePer, even if eligible
cannot be declared elected, while in the laPer, the resolu6on shall determine who has been legally
appointed and declare who is en6tled to occupy the office.
VI. SPECIAL PROCEEDINGS
Writ of Habaeas Corpus Writ of Amparo Writ of Habaeas Data
Scope 1. Illegal confinement or Extralegal killings and protect the image, privacy,
detenIon enforced disappearance or honor, informaIon, and
2. DeprivaIon of righrul threats freedom of informaIon of
custody if withheld an individual
-direct/indirect govt. - no need for govt.
parIcipaIon parIcipaIon
Limita6ons May not be suspended
XPN: invasion, rebellion, public Shall not diminish, modify, increase substan6ve rights
safety requires

Availability of unlawful deprivaIon of right to life, liberty, Right to privacy in life,

writ liberty or withholding of security has been violated liberty or security is
righrul custody/ or threatened violated
visitaIon rights
Who may file 1. Party for whose relief is 1. Aggrieved party 1. Aggrieved party
intended 2. Qualified Person/en6ty
2. Person on his behalf (Immediate, A/D/C,
Concerned Ci6zen)
- filed by 1 suspends the right
of others
Where MTC, RTC, CA, SC RTC, (where commiPed) RTC (pe66oner/respondent
resides, jurisdic6on over
place data is stored)
SB- only in aid of its
appellate jurisdic6on SB, CA, SC SB, CA, SC (if public data files
of govt. offices)
When Any day Any day Any day
Enforceable SC/CA- anywhere Anywhere in Phil. Anywhere in Phil

RTC /MTC* - judicial
region where the writ is
enforced
Docket fees Upon disposi6on as to costs No docket fees No fees for indigent
pe66oners
CommiPed by May or may not be officer by public official or employee, by public official or employee,
Respondent private individual/ en6ty private individual/ en6ty
engaged in gathering/ storing of
with the authoriza6on, support data
to acquiescence of the state re: person, family, home, and
correspondence of aggrieved
party
Denial No general denial allowed
Quantum of clear and convincing SubstanIal evidence

proofs evidence
Contents of 1. Signed and verified 1. Signed and Verified 1. Verified
Pe66on 2. Person who is imprisoned 2. Pe66oner 2. Pe66oner
3. Officer 3. Respondent 3. Respondent
4. Place where he is 4. Right to life, liberty and 4. Right to privacy violated
imprisoned, if known security violated 5. Inves6ga6on conducted
5. Copy of Commitment/ 5. Inves6ga6on conducted 6. Ac6ons and recourses taken
cause of deten6on 6. Ac6ons and recourses taken 7. Prayers
7. Prayers 8. Loca6on of files
Writ vs Privilege vs. Search Warrant
Mo6on to Dismiss is prohibited

Contents of 1. WriPen and signed 1. Verified WriPen 1. Verified WriPen

Return 2. Sworn if Prisoner is not 2. Lawful defenses 2. Lawful defenses
produced 3. Steps taken by respondent to 3. Disclosure of data, steps
3. Authority and Cause - If he determine the date or taken, currency and
has the party in custody or whereabouts accuracy of data
under restraint 4. All relevant info 4. Resolu6on relevant to the
4. Nature and gravity of 5. If public official, verify the proceeding
sickness -has the party and iden6ty and recover
not produced evidence, determine the * Heard in Chambers
5. To whom if transferred cause, apprehend persons 1. Na6onal Security/ State
such custody involved, bring suspected Secrets
offenders 2. Cannot divulge to public due
6. Resolu6on relevant to the to its privilege character
inves6ga6on
Period of return Specified on the writ Return Filed within 5 days amer service of writ, with affidavits
Nature of Summary: no need for mo6on Summary- preliminary Summary- preliminary
Hearing for execu6on conference conference
Immediately executory without no need for mo6on for execu6on
prejudice to appeal Immediately executory without
prejudice to appea
Effects of Forefeit the sum of 1000 and Hear the pe66on ex parte
Failure to contempt Contempt punishable by imprisonment or fine
return
When not 1. Denial of right to bail
allowed 2. Has Remedy of appeal or
cer6orari
3. Correc6ng errors in facts/
law
4. Enforcing marital rights
5. Under lawful process or
order of court, lawfully
commiPed
6. By virtue of final
judgement
Judgement Render judgment within 10 days
Appeal CA under Rule 41 SC under Rule 45

No6ce of Appeal Pe66on for review on Cer6orari
Within 48 hours from no6ce within 5 days from the date of no6ce of adverse judgement
of judgement
Effect of filing GR: writ of habeas corpus cannot no separate pe66on for the writ
criminal ac6on be availed of in cases of deten6on Reliefs shall be available by mo6on in criminal case
by virtue of a judicial process or Criminal ac6on is filed subsequent to the pe66on for writ
Consolida6on valid judgment. = CONSOLIDATED with crim
Ins6tu6on of XPN: where the writ may be Neither preclude
separate ac6on availed of as a post-convic6on
remedy
(a) There has been a depriva6on of
a cons6tu6onal right resul6ng in
the restraint of a person;
(b) The court had no jurisdic6on to
impose the sentence;
(c) An excessive penalty has been

imposed, as such sentence is void
as to such excess.

Interim reliefs Pe66oners (pe66on before final

judgement)
1. Temporary Protec6on Order
2. Inspec6on order
3. Produc6on Order
4. Witness Protec6on Order
Respondent(verified mo6on+hearing)
1. Inspec6on Order
2. Produc6on order
Peremptory Writ Preliminary Cita6on
uncondi6onally commanding the respondent to requiring the respondent to appear and show cause
have the body of the detained person before the why the peremptory writ should not be granted.
court at a 6me and place therein specified.
Judgment - Appeal Interlocutory Order -Rule 65
If the cause of the deten6on appears to be patently If the person is detained under governmental authority and the
illegality of his deten6on is not patent from the pe66on for the
illegal, the court issues the habeas corpus writ writ, the court issues the cita6on to the government officer having
noncompliance with which is punishable custody to show cause why the habeas corpus writ should not issue
Privilege of writ of habeas Corpus Writ of habeas Corpus

grant or order of release “summons” - maPer of course process,
the president can suspend the president cannot suspend
Appealable Not appealable
VII. RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

1. Scope and Applicability
- Civil, Criminal, Special Civil Ac6ons involving enforcement or viola6ons of environmental and other
related laws
2. Civil Procedure (Environmental Civil Ac6on) = Complaint

- filed by any real party in interest
- VERIFIED COMPLAINT + Evidence + Affidavits + Proof of Service (Furnished copy to govt.)
—> Court (issued TEPO effec6ve for 72hrs) —> Summons —> VERIFIED ANSWER within 15days
from receipt of Summons —> No6ce of pre trial within 2 days from filing of Answer —> Pre-trial
briefs —> referral to Media6on —> Preliminary Conference —> Pre-trial Conference —> Order —>
Con6nuous Trial —> Judgment and Execu6on
- Ci6zen Suit ( in the public interest) = Complaint

Any Filipino ciIzen in representa6on of others, including minors or genera6ons yet unborn, may
file an ac6on to enforce rights or obliga6ons under environmental laws.
- Court issue order contain brief descrip6on, cause of ac6on, reliefs prayed to intervene within 15
days from no6ce

Defense of failure to exhaust administra9ve remedies by appealing the Envi. Compliance

cer9ficate issuance would apply only if the defect in the issuance of ECC does not have any
casual rela9on to the environmental damage.
A. NO TRO or WRIT OF PRELIMINARY INJUNCTION against lawful ac6ons of govt. agencies

XPN: Supreme Court
B. Pre-trial Conference - under oath, sePlement of dispute
Consent Decree - judicially-approved sePlement between concerned par6es based on public interest
and public policy to protect and preserve the environment.
C. Prohibited pleadings
1. Mo6on to dismiss the complaint;
3. Mo6on for extension of 6me to file pleadings, except to file answer, the extension not 15
days;
4. Mo6on to declare the defendant in default;
5. Reply and rejoinder; and
6. Third party complaint
D. Temporary Environmental Protec6on Order (TEPO)

- grounds : MaPer of URGENCY and will suffer GRAVE INJUSTICE and IRREPARABLE INJURY
- Exempt from the pos6ng of BOND
- 72 hours effec6ve
- Court shall conduct summary hearing and monitor the existence of acts
- Mo6on to Dissolve TEPO + Affidavits-> if would cause IRREPARABLE DAMAGE to party enjoined
E. Judgement and Execu6on

GR: Judgment shall be executory pending appeal
XPN: restrained by the appellate court
- No damages can be awarded in ci6zen suit | File a separa6on aciton or envi. civil ac6on
- Reliefs: protect, preserve envi.+ payment of aPy fees/ Rehab Program/ Contribute to special trust
fund
F. Permanent Environmental Protec6on Order (PEPO) - court order to perform/ desist from
performing an act to preserve, protect, rehabilitate the environment
- Convert to TEPO - PEPO

- Writ of Con6nuing Mandamus
direc6ng agency or instrumentality of the govt/officer to perform act/series of acts decreed by
final judgement which remain effec6ve un6l judgment is fully sa6sfied
Writ of Kalikasan Writ of conInuing Mandamus

directed against public or private directed against public individuals or en66es
individuals or en66es
Unlawful act or omission violate or (1)neglects the performance of a ministerial
threaten to violate a person's right to a duty in connec6on with the enforcement or
balanced and healthful ecology, viola6on of an environmental law
(2) unlawfully excludes another from the
enjoyment or use of an environmental right

in cases involving environmental damage of there is no such requirement on magnitude

such magnitude as to prejudice the life, with respect to a writ of con6nuing
health, or property of inhabitants in two or mandamus.
more ciIes or provinces
filed with the SC or with any of the sta6ons RTC, CA, SC
of CA
Appeal 45 - SC ( Ques6on of law or fact) Exempt from docket fees
Verified Return Comment
G. Strategic Lawsuit Against Public ParIcipaIon (SLAPP) -summary hearing

- The SLAPP provisions apply not only to suits that have been filed in the form of a countersuit, but
also to suits that are about to be filed with the intenIon of discouraging the aggrieved person
from bringing a valid environmental complaint
- legal ac6on filed to harass, vex, exert undue pressure or s6fle any legal recourse
- Quantum of Evid
Substan6al - to seek dismissal
Preponderance of Evid - the ac6on is not a SLAPP and a valid claim
- Resolu6on of the defense of SLAPP
Dismissed - with prejudice
Defense of SLAPP rejected - will proceed (summary hearing) = treated evidence on the merits
3. Special Proceedings
A. Writ of Kalikasan
- VERIFIED PETITION + Cert. of Non-Forum Shopping -> filed with SC/ CA -> issuance of writ within 3
days -> service of writ -> VERIFIED RETURN w/in 10 days -> Hearing/PC -> Judgment w/in 60days
from 6me pe66on is submiPed for decision
- no award of damages to individual pe66oners
B. Prohibited Pleadings and Mo6on
1. Mo6on to dismiss;
2. Mo6on for extension of 6me to file return;
3. Mo6on for postponement;
5. Counterclaim or cross-claim;
6. Third-party complaint;
7. Reply; and
8. Mo6on to declare respondent in default
C. Discovery Measures - VERIFIED MOTION, must show that the order is necessary to establish
magnitude of viola6on / threat as to prejudice life, health, property
1. Ocular Inspec6on
2. Produc6on/ Inspec6on of Docs./ things
D. Writ of Con6nuing Mandamus filed by person personally aggrieved vs. Government/ its Officers
- same w first defini6on
- unlawfully neglects the performance of an act which the law specifically enjoins as duty.
- Unlawfully excludes another from the use or enjoyment of such right
- No other plain, speedy and adequate remedy in the ordinary course of law

- Filed with the RTC, (exercising jurisdic6on over the territory where ac6onable neglect or omission
occurred) CA, SC
- VERIFIED PETITION -> Issuance of Writ+ Order to comment -> Comment within 10 days amer
order -> Summary Hearing -> Judgment -> Return of Writ (Par6al periodic reports, Final)
- Damages allowed
3. Criminal Procedure
A. filed by offended party, peace officer, public officer charged with enforcement of envi. Law
B. Ins6tu6on of Criminal and Civil Ac6on
GR: when a criminal ac6on is ins6tuted, civil ac6on arising from the offense charged is deemed
ins6tuted with criminal ac6on.
XPN: waives, reserves, ins6tutes civil pro
C. Arrest without warrant - in his presence, offense has been commiPed and he has probable cause
to believed based on personal knowledge of facts
D. Procedure in the custody and Disposi6on of Seized items

inventory -> return/ inventory report -> Auc6on sale -> Publica6on of No6ce to auc6on->
Proceeds held in trust and deposited w/ govt. depository bank
E. Bail (pending, RTC, RTC where was arrested , MTC)

- Hold departure orders if court grants bail
F. Arraignment w/in 15 days from 6me it acquires jurisdic6on over the accused + No6ce
plea - agreement to the plea offered -> issue order, receive evil, render judgment
G. Pre-trial w/in 30 days amer arraignment or refer the case to COC (preliminary conference)
- Pre-trial order w/in 10 days amer termina6on of pre-trial
-> Trial (not exceed 3 months from Pre-trial order) -> Decision (60 days to decide)
- dispose within 10 months from date of arraignment
H. Subsidiary liabili6es against person/ corp

- accused is convicted
- allowed by law
- mo6on was filed by person en6tled to recover
4. Evidence
A. PrecauAonary Principle
- when human ac6vi6es may lead to threats of serious and irreversible damage to the environment
that is scien6fically plausible but uncertain, ac6ons shall be taken to avoid or diminish that threat.
- There is lack of full scienIfic certainty

- right of the people to a balanced and healthful ecology
- Burden of proof : shiked to the regulator or person responsible for the potenIal harm
B. Documentary Evidence : photo, video, similar evid shall be admissible when authen6cated by
person who took the same, other person present or competent to tes6fy
Entries in official records: prima facie evidence

Atty. Uy (DAY 2) Remedial Law

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12 Questions REMEDIAL LAW

Doctrine of Judicial Stability or Doctrine of Non-interference - courts of equal and coordinate

Doctrine of Exhaus6on of Administra6ve Remedies - par6es are generally precluded from

Jurisdic6on over the par6es

XPN to XPN: Appeal

Prepared by: Lovely Uy Page 1 of 42 ALL GLORY TO GOD!

Lien on the Judgment Award

ORIGINAL JURISDICTION ORIGINAL JURISDICTION

Summary procedure • family courts

Prepared by: Lovely Uy Page 2 of 42 ALL GLORY TO GOD!

COURT OF APPEALS SUPREME COURT

ORIGINAL JURISDICTION • Certiorari

Civil AcIon Special Proceedings

Prepared by: Lovely Uy Page 3 of 42 ALL GLORY TO GOD!

AcIon in rem AcIon in personam AcIon quasi-in rem

As to whom Directed against the Against par6cular Against par6cular persons

b. Cause of ac6on (COA)- act/omission by which a party violates a right of another.

Requisites: Joinder of COA

Misjoinder of COA - not a ground for dismissal.

Prepared by: Lovely Uy Page 4 of 42 ALL GLORY TO GOD!

Failure to state cause of acIon Lack of Cause of acIon

PARTIES (Natural, Juridical, EnIIes authorized by law)

Non-joinder of indispensable party is not a ground for dismissal of a case

Prepared by: Lovely Uy Page 5 of 42 ALL GLORY TO GOD!

Must be answered w/in 20 days; default No default

Ini6atory, hence requires Cer6ﬁca6on against Not ini6atory

Third-Party Complaint Third Party Claim

Pleading Not a pleading, but aﬃdavit

Prepared by: Lovely Uy Page 6 of 42 ALL GLORY TO GOD!

MOTION FOR BILL OF PARTICULARS (BP) - liIgious moIon

Of defendant foreign private juridical en6ty 60 days Amer receipt of summons

Amended Complaint - not as maPer of right 15 days From no6ce of order

To Counterclaim/Cross claim 20 days From service

To third party complaint 30 days Amer service of summons

To supplemental complaint 20 days From no6ce of order

AﬃrmaAve Defense 1 Extension to ﬁle answer = +30 days for

Prepared by: Lovely Uy Page 7 of 42 ALL GLORY TO GOD!

MoIon for Summary Judgment MoIon for Judgment on the pleadings

NO GENUINE ISSUE ANSWER FAILS TO TENDER AN ISSUE

Amendment - supersedes the pleading that it amends.

As a maUer of right With leave of Court & NoIce to adverse party

at any 6me before a responsive pleading is Substan6al amendments

No amendment shall be necessary to cause them to conform to the evidence

Prepared by: Lovely Uy Page 8 of 42 ALL GLORY TO GOD!

Mo6on or motu proprio Mo6on of party

PARTS OF THE PLEADING

CERTIFICATION AGAINST FORUM SHOPPING

Prepared by: Lovely Uy Page 9 of 42 ALL GLORY TO GOD!

FILING AND SERVICE

Personal Personal - Actual Delivery WriPen admission

Prepared by: Lovely Uy Page 10 of 42 ALL GLORY TO GOD!

Return Proof of Service

Domes6c Private Juridical en6ty

Foreign Private Juridical en66es (doing business)

Foreign Private Juridical en66es (not registered)

Public Corp - Solicitor General

Prepared by: Lovely Uy Page 11 of 42 ALL GLORY TO GOD!

LiIgous MoIon Non-LiIgous MoIon

1) Mo6on for bill of parIculars; a) Mo6on for the issuance of

Oppose within 5 days from receipt