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ATENEO CENTRAL DAY 4
BAR OPERATIONS 2022 REMEDIAL LAW & LEGAL ETHICS
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CREDITS

ADMINISTRATIVE COMMITTEE
CREATIVES FINANCE
NICOLE ANN C. PAGLICAWAN SERMAE ANGELA G. PASCUAL
JULIANNE BEATRICE N. ROSARIO ERIKA THERESE C. BOLLOZOS
KIM PATRIZ B. CAMPANILLA RUTH MARIE DISTOR MORALES
CHRISTINE C. TIAMZON ALLYSSA DANIELLE Y. NG
MERIELLE PHOEBE TANSIONGKUN
TECHNICAL
JOSEPH BILL P. QUINTOS
MARKETING
MORGAN ACOL KATHLEEN C. ROMINA
RACHEL LEIGH E. COLLADO AARON C. CHENG
CHYLER BON AEHROLD S. GARMA NORLENE JAE M. ANDAYA
SAMANTHA J. MAGAOAY PRISHA D. CRUZ
ALBERT JOHN REYES RIANNA CO
AALIYAH YBANEZ ISABELLE BEATRIZ DLS. GINEZ
SPECIAL PROJECTS PUBLIC RELATIONS

AINA RAE L. CORTEZ LUMINA ALINEA O. AQUINO
ANNA MARIE GRACE M. ANTONIO LUIS ENRICO BATARA
JAZZMIN A. BENJAMIN MIKAELA FRANCESCA K. BELEY
MARY STEPHANIE C. CRUZ REYNALDO M. REVECHE
AIHRA NICOLE V. DIESTRO GRACIELLA RACHEL D. ROBLES
YUUMEI MARIE B. ESMA
IMI LIZA B. ESPINA
IRISH MAE D. GARCIA INTERNALS
RAYMIELLE CHRISTIE R. MAGCALAS
JEWEL M. CULALA
JAYE MARIE C. MARTINEZ
SHEILA MARIE GRACE DELOS ANGELES
NORBERTO O. SARIGUMBA III
DANELLA DIANE D. DIMAPILIS
JOHN CHRISTOPHER O. TAN
MARC ANGELO M. GUIBONE
ANGELIQUE P. LEDA
LOGISTICS ALEXIS CAESAR E. SANCHEZ
CHRISTINE C. TIAMZON
CHRISTIAN GIO R. SENARLO
CELINA D. ABUEG
PATRICIA ALYX D. ANG
MAEDEN M. BORCELANGO
BERNETTE ANELA S. CUEVAS
ZACKARY N. DUQUILLA
CLARISSE EVANGELINE G. CHOA
DONN DARRICK L. LIN
ANTHONY JEFFERSON JULIO

TABLE OF CONTENTS: REMEDIAL LAW & LEGAL ETHICS
PART I: FIRST LEVEL COURTS
I. GENERAL PRINCIPLES IN REMEDIAL LAW 9
A. SUBSTANTIVE LAW VS. REMEDIAL LAW .............................................................................................. 9

B. RULE-MAKING POWER OF THE SUPREME COURT ............................................................................. 9
C. PRINCIPLE OF JUDICIAL HIERARCHY .................................................................................................. 9
D. DOCTRINE OF NON-INTERFERENCE/ JUDICIAL STABILITY ............................................................... 9
E. JURISDICTION ..................................................................................................................................... 10
II. CIVIL PROCEDURE 25
A. GENERAL PROVISIONS ...................................................................................................................... 25

B. CAUSE OF ACTION .............................................................................................................................. 26
C. PARTIES TO CIVIL ACTIONS ............................................................................................................... 26
D. VENUE OF ACTIONS ............................................................................................................................ 28
E. PLEADINGS ......................................................................................................................................... 29
F. FILING AND SERVICE OF PLEADINGS, JUDGMENTS, FINAL ORDERS AND RESOLUTIONS ........... 34
G. SUMMONS............................................................................................................................................ 35
H. MOTIONS.............................................................................................................................................. 37
I. DISMISSAL OF ACTIONS ..................................................................................................................... 38
J. PRE-TRIAL ........................................................................................................................................... 38
K. INTERVENTION .................................................................................................................................... 38
L. CALENDAR OF CASES ........................................................................................................................ 38
M. SUBPOENA .......................................................................................................................................... 38
N. COMPUTATION OF TIME ..................................................................................................................... 39
O. MODES OF DISCOVERY ...................................................................................................................... 39
P. TRIAL ................................................................................................................................................... 41
Q. CONSOLIDATION OR SEVERANCE .................................................................................................... 42
R. DEMURRER TO EVIDENCE .................................................................................................................. 42
S. JUDGMENTS AND FINAL ORDERS ..................................................................................................... 43
T. MOTION FOR NEW TRIAL OR RECONSIDERATION............................................................................ 46
U. EXECUTION, SATISFACTION, AND EFFECT OF JUDGMENTS ........................................................... 47
III. PROVISIONAL REMEDIES 51
A. NATURE, PURPOSE AND JURISDICTION OVER PROVISIONAL REMEDIES ..................................... 51

B. PRELIMINARY ATTACHMENT ............................................................................................................. 51
C. PRELIMINARY INJUNCTION ................................................................................................................ 53
D. RECEIVERSHIP .................................................................................................................................... 54
E. REPLEVIN ............................................................................................................................................ 55
IV. SPECIAL CIVIL ACTIONS 56
A. JURISDICTION AND VENUE ................................................................................................................ 56

B. INTERPLEADER ................................................................................................................................... 56
C. DECLARATORY RELIEF AND SIMILAR REMEDIES ............................................................................ 56
D. CERTIORARI, PROHIBITION, AND MANDAMUS ................................................................................. 57
E. QUO WARRANTO ................................................................................................................................ 60
F. EXPROPRIATION ................................................................................................................................. 60
G. FORECLOSURE OF REAL ESTATE MORTGAGE ................................................................................ 61
H. PARTITION ........................................................................................................................................... 61
I. FORCIBLE ENTRY AND UNLAWFUL DETAINER................................................................................. 62
J. CONTEMPT .......................................................................................................................................... 63
V. SPECIAL PROCEEDINGS 65

A. SETTLEMENT OF ESTATE OF DECEASED PERSONS........................................................................ 65

B. ESCHEAT ............................................................................................................................................. 78
C. GUARDIANSHIP ................................................................................................................................... 79
D. WRIT OF HABEAS CORPUS ................................................................................................................ 82
E. CHANGE OF NAME .............................................................................................................................. 87
F. CANCELLATION OR CORRECTION .................................................................................................... 89
G. CLERICAL ERROR LAW ...................................................................................................................... 90
H. WRIT OF AMPARO ............................................................................................................................... 91
I. WRIT OF HABEAS DATA...................................................................................................................... 95
J. RULES OF PROCEDURE ON ENVIRONMENTAL CASES .................................................................. 102
VI. CRIMINAL PROCEDURE 106
A. GENERAL MATTERS ......................................................................................................................... 106

B. PROSECUTION OF OFFENSES ......................................................................................................... 107
C. PROSECUTION OF CIVIL ACTIONS ................................................................................................... 109
D. PRELIMINARY INVESTIGATION ........................................................................................................ 111
E. ARREST ............................................................................................................................................. 113
F. SEARCH AND SEIZURE ..................................................................................................................... 114
G. BAIL.................................................................................................................................................... 116
H. ARRAINGMENT AND PLEA................................................................................................................ 118
I. MOTION TO QUASH ........................................................................................................................... 120
J. PRE-TRIAL ......................................................................................................................................... 122
K. TRIAL ................................................................................................................................................. 122
L. JUDGMENT ........................................................................................................................................ 124
M. NEW TRIAL OR RECONSIDERATION ................................................................................................ 125
N. PROVISIONAL REMEDIES IN CRIMINAL CASES............................................................................... 126
O. REVISED GUIDELINES ON CONTINOUS TRIAL ................................................................................ 126
P. CYBERCRIBE WARRANTS ................................................................................................................ 127
VII. RULES ON EVIDENCE 128
A. GENERAL CONCEPTS ....................................................................................................................... 128

B. ADMISSIBILITY .................................................................................................................................. 129
C. OBJECT (REAL) EVIDENCE ............................................................................................................... 136
D. DOCUMENTARY EVIDENCE .............................................................................................................. 138
E. TESTIMONIAL EVIDENCE .................................................................................................................. 145
F. BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS ............................................. 166
G. PRESENTATION OF EVIDENCE ......................................................................................................... 167
H. OFFER AND OBJECTION ................................................................................................................... 175
I. JUDICIAL AFFIDAVIT RULE ............................................................................................................... 178
J. WEIGHT AND SUFFICIENCY OF EVIDENCE ...................................................................................... 180
K. RULES ON ELECTRONIC EVIDENCE ................................................................................................ 181
PART 2: APPELLATE PRACTICE, PROCEDURE IN THE COURT OF APPEALS, COURT OF TAX

APPEALS, AND THE SUPREME COURT
I. APPEALS; GENERAL PRINCIPLES 184
A. NATURE OF THE RIGHT TO APPEAL ................................................................................................ 184

B. JUDGMENTS AND FINAL ORDERS SUBJECT TO APPEAL .............................................................. 184
C. MATTERS NOT APPEALABLE; AVAILABLE REMEDIES .................................................................. 184
D. DOCTRINE OF FINALITY/IMMUTABILITY OF JUDGMENT; EXCEPTIONS ........................................ 184
II. POST-JUDGMENT REMEDIES OTHER THAN APPEAL 185
A. PETITION FOR RELIEF FROM JUDGMENT (RULE 38) ...................................................................... 185

B. ANNULMENTS OF JUDGMENT BY THE COURT OF APPEALS (RULE 47) ........................................ 186
C. COLLATERAL ATTACK ON JUDGMENTS, WHEN PROPER ............................................................. 187

D. RULE 65 AS A REMEDY FROM JUDGMENT ...................................................................................... 187
III. APPEALS IN CIVIL PROCEDURE: MODES OF APPEAL FROM JUDGMENTS OR FINAL ORDERS OF
VARIOUS COURTS/TRIBUNALS 188
A. RULE 40 APPEAL FROM MTC TO THE RTC .................................................................................... 189

B. RULE 41 APPEAL FROM THE RTC .................................................................................................. 191
C. RULE 42 PETITION FOR REVIEW FROM THE RTC TO THE CA ...................................................... 193
D. RULE 43 APPEALS FROM THE CTA, CIVIL SERVICE COMMISSION, AND QUASI-JUDICIAL
AGENCIES ................................................................................................................................................. 196
E. RULE 45 APPEALS BY CERTIORARI TO THE SC ........................................................................... 198
F. RULE 64 REVIEW OF JUDGMENTS OR FINAL ORDERS OF THE COMMISSION ON AUDIT AND THE
COMMISSION ON ELECTIONS .................................................................................................................. 202
G. DISMISSAL, REINSTATEMENT, AND WITHDRAWAL OF APPEAL ................................................... 202
IV. APPEALS IN CRIMINAL CASES: MODES OF APPEAL FROM JUDGMENTS OR FINAL ORDERS OF
VARIOUS COURTS/TRIBUNALS 204
A. RULE 122 ............................................................................................................................................ 204

B. APPEALS FROM THE OFFICE OF THE OMBUDSMAN ...................................................................... 205
C. APPEALS FROM THE RESOLUTIONS OF THE OFFICE OF THE CITY PROSECUTOR ..................... 205
D. APPEALS FROM THE SANDIGANBAYAN ......................................................................................... 206
V. PROCEDURE IN TAX CASES 207
A. TAXPAYER REMEDIES UNDER THE NIRC, AS AMENDED ............................................................... 208

B. GOVERNMENT REMEDIES UNDER THE NIRC, AS AMENDED ......................................................... 211
C. COURT OF TAX APPEALS ................................................................................................................. 212
VI. PROCEDURE IN THE COURT OF APPEALS 219
A. RULE 44 ORDINARY APPEALED CASES........................................................................................ 219

B. RULE 46 ORIGINAL CASES ............................................................................................................. 220
C. RULE 47 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS ...................... 221
D. RULE 50 DISMISSAL OF APPEAL ................................................................................................... 222
E. RULE 51 JUDGMENT; HARMLESS ERROR .................................................................................... 222
F. RULE 53 NEW TRIAL ....................................................................................................................... 223
VII. PROCEDURE IN THE SUPREME COURT 224
A. RULE 56-A ORIGINAL CASES ......................................................................................................... 224

B. RULE 56-B APPEALED CASES ....................................................................................................... 224
LEGAL ETHICS 225
I. CODE OF PROFESSIONAL RESPONSIBILITY 225
A. TO SOCIETY (CANONS 1-6) ............................................................................................................... 225

B. TO THE LEGAL PROFESSION (CANONS 7 TO 9) ............................................................................... 228
C. TO THE COURTS (CANONS 10-13) .................................................................................................... 229
D. TO THE CLIENT (CANONS 14-22) ...................................................................................................... 230
E. THE OATH ....................................................................................................................... 236
II. SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS (RULE 139 AND RULE 139-B) 237


I. GENERAL PRINCIPLES IN REMEDIAL appropriate courts (Santiago v. Vasquez, G.R. Nos.

99289-90, 1993).
LAW
Q: What is remedial law? jurisdiction to issue this writ should be allowed only
A: It is a branch of law that prescribes the methods when there are special and important reasons,
of enforcing rights and obligations created by clearly and specifically set out in the petition.
substantive law. (Bustos vs. Judge Lucero, G.R. No. (Republic v. Caguioa, G.R. No. 174385, 2013)
L-2068, 1948)
Q: What is the exhaustion of administrative
A. SUBSTANTIVE LAW vs. remedies?
REMEDIAL LAW A: The general rule is that before a party may seek
the intervention of the court, he should first avail of
Q: Compare substantive and remedial law. all the means afforded him by administrative
SUBSTANTIVE LAW REMEDIAL LAW processes. The issues which administrative
agencies are authorized to decide should not be
Creates, defines and Prescribes the methods summarily taken from them and submitted to a court
regulates rights and of enforcing rights and without first giving such administrative agency the
duties concerning life, obligations created by opportunity to dispose of the same after due
liberty or property which substantive law. It deliberation. (Addition Hills v. Megaworld, G.R. No.
when violated gives rise provides a procedural 175039, 2012 citing Republic v. Lacap, G.R. No.
to a cause of action. system for obtaining 158253, 2007)
redress for the invasion
of rights and violations of C. PRINCIPLE OF JUDICIAL
duties. It also prescribes HIERARCHY
rules as to how suits are
filed, tried and decided Q: What is the doctrine of judicial hierarchy?
upon by the courts. A: The judicial hierarchy of courts generally applies
(Bustos vs. Lucero, G.R. to cases involving warring factual allegations. For
No. L-2068, 1948) this reason, litigants are required to repair to the trial
courts at the first instance to determine the truth or
falsity of these contending allegations on the basis
B. RULE-MAKING POWER OF THE of the evidence of the parties. Cases which depend
SUPREME COURT on disputed facts for decision cannot be brought
immediately before appellate courts as they are not
Q: What are the limitations on the rule-making
triers of facts.
power of the Supreme Court under the
Constitution?
Be that as it may, it is not an iron clad rule. A strict
a. The rules shall provide a simplified and
application of the rule of hierarchy of courts is not
inexpensive procedure for the speedy
necessary when the cases brought before the
disposition of cases;
appellate courts do not involve factual but legal
b. The rules shall be uniform for courts of the same
questions. (Mangaliag v. Catubig-Pastoral, G.R. No.
grade; and
143951,2005)
c. The rules shall not diminish, increase, or modify
substantive rights (PHIL. CONST. art. VIII, § 5.)
D. DOCTRINE OF NON-
Q: What is the doctrine of hierarchy of courts?
INTERFERENCE/ JUDICIAL
A: The judicial system follows a ladderized scheme STABILITY
which in essence requires the lower courts to initially
Q: What is the doctrine of judicial non-
decide on a case before it is considered by a higher
interference?
court.
A: The doctrine of judicial stability or non-
interference in the regular orders or judgments of a
A higher court will not entertain direct resort to it
co-equal court is an elementary principle in the
unless the redress cannot be obtained in the
administration of justice: no court can interfere by
injunction with the judgments or orders of another
court of concurrent jurisdiction having the power to bounds of rights and under the limitations
grant the relief sought by the injunction. The remedies and circumstances
rationale for the rule is founded on the concept of prescribed by the
jurisdiction: a court that acquires jurisdiction over statute
the case and renders judgment therein has
jurisdiction over its judgment, to the exclusion of all 3. EXCLUSIVE vs. CONCURRENT
other coordinate courts, for its execution and over Q: Distinguish between exclusive and
all its incidents, and to control, in furtherance of concurrent jurisdiction.
justice, the conduct of ministerial officers acting in EXCLUSIVE CONCURRENT
connection with this judgment. (Cabili v. Balindong, It is the power or It is the power
A.M. No. RTJ-10-2225, 2011). authority of the court to conferred upon
hear and determine different courts,
E. JURISDICTION cases to the exclusion whether of the same
1. ORIGINAL vs. APPELLATE of all other courts or different ranks, to
Q: Distinguish between original and appellate take cognizance at
jurisdiction. the same stage of the
ORIGINAL APPELLATE same case in the
The power of the court The power and same or different
to take judicial authority conferred judicial territories
cognizance of a case upon a superior court
instituted for judicial to rehear and Q: What are the other classifications of
action for the first time determine causes jurisdiction?
under the conditions which have been tried a. Exclusive Original - The power of the court to
provided by law in lower courts, the take judicial cognizance of a case instituted for
cognizance which a judicial action for the first time under the
superior court takes of conditions provided by law, and to the exclusion
a case removed to it, of all other courts
by appeal or writ of b. Delegated - The grant of authority to inferior
error, from the decision courts to hear and determine cadastral and land
of a lower court, or the registration cases under certain conditions
review by a superior c. Territorial It is the power and authority to
court of the final exercise its power within its territorial region
judgment or order of (Tan, Civil Procedure Book I: A Guide for the
some lower courts. Bench and the Bar, 2017, pp. 99-104)
2. GENERAL vs. SPECIAL 4. CONTINUITY OF JURISDICTION

Q: Distinguish between general and special
jurisdiction. Q: What is the doctrine of adherence of
GENERAL SPECIAL jurisdiction (principle of continuity of
The power of the court One which restricts the jurisdiction)?
to adjudicate all court's jurisdiction only A: Once jurisdiction has attached, it cannot be
controversies except to particular cases and ousted by subsequent happenings or events,
those expressly subject to such although the event is of such character which would
withheld from the limitations as may be have prevented jurisdiction from attaching in the first
plenary powers of the provided by the instance. Once jurisdiction has been acquired by
court. It extends to all governing law. It is the court, it retains that jurisdiction until it finally
controversies which confined to particular disposes of the case (Baritua v. Mercader, G.R. No.
may be brought before causes, or which can 136048, 2001).
a court within the legal be exercised only

5. ORIGINAL JURISDICTION OF VARIOUS PHILIPPINE COURTS
NOTE: The Jurisdiction tables below are taken from Feria , Justice Jose Y. and Atty. Maria Concepcion S. Noche.
Civil Procedure Annotated. Vol. 1. 2013 Ed. Quezon City: Central Book Supply, Inc., 2013. 665-700, updated
with jurisprudence and new laws.
1. SUPREME COURT
(Feria and Noche, pp.665-668)
(a) ORIGINAL JURISDICTION
i. Original and Exclusive
F. Petitions for the issuance of writs of certiorari, prohibition and mandamus against:
1. Court of Appeals.
2. Commission on Elections.
3. Commission on Audit.
4. Sandiganbayan.
5. Court of Tax Appeals.
G. Disciplinary proceedings against members of the Bar and court personnel
ii. Original and Concurrent
With the CA A. Petitions for the issuance of writs of certiorari, prohibition and mandamus against:
a. NLRC. [However, the petitions should be filed with the CA based on hierarchy
of courts; otherwise, they shall be dismissed.]
b. CSC.
c. Quasi-Judicial Agencies. [However, the petitions should be filed with the CA.]
d. RTC and lower courts.
B. Petitions for the issuance of a writ of Kalikasan.
With the CA, SB 1. Petition for writ of amparo.

and RTC 2. Petition for writ of habeas data.
3. Other agencies and instrumentalities of government in cases of grave abuse of
discretion (as provided by Constitution)
With the CA and A. Petitions for habeas corpus and quo warranto.
RTC B. Petitions for the issuance of writs of certiorari, prohibition and mandamus against
lower courts or bodies.
C. Petitions for the issuance of writ of continuing mandamus in environmental
cases.
With the RTC Actions affecting ambassadors, other public ministers and consuls.
Note: Under R.A. 10660, Sandiganbayan has jurisdiction in criminal cases involving
(b) APPELLATE JURISDICTION
Appeal by Notice of A. From the RTC or the SB in all criminal cases where the penalty imposed is
Appeal reclusion perpetua or higher, and those involving other offenses which, although
not so punished, arose out of the same occurrence or which may have been
committed by the accused on the same occasion, as that giving rise to the more
serious offense, regardless of whether the accused are charged principals,

accomplices or accessories, or whether they have been tried jointly or

separately.
B. By appeal, SC reviews the questions of law and of fact decided by the court a
quo.
Appeal by Certiorari Appeals from the:

/ Petition for 1. Court of Appeals
Review on 2. Sandiganbayan - on pure questions of law, except in cases where the penalty
Certiorari (Rule imposed is reclusion perpetua, life imprisonment or death.
45) 3. Court of Tax Appeals
4. Regional Trial Courts - exercising original jurisdiction in the following cases:
a. If no question of fact is involved and the cases involves:
i. Constitutionality or validity of any treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance or
regulation in question;
ii. Legality of any tax, impost, assessment, or toll, or any penalty imposed
in relation thereto; or
a. Jurisdiction of lower courts is in issue.
(Note: If, in addition to constitutional, tax, or jurisdictional questions, the cases

mentioned in (i), (ii) and (iii) above also involve questions of fact or mixed
questions of fact and law, the aggrieved party shall appeal to the CA; and the
final judgment or decision of the latter may be reviewed, revised, reversed,
modified or affirmed by the SC on writ of certiorari)
b. All cases in which only errors of questions of law are involved.
Special Civil Action Decision, order or ruling of:

of Certiorari A. Commission on Elections.
within 30 days B. Commission on Audit.
(Rule 64)
2. COURT OF APPEALS
(Feria and Noche, pp. 669-672)
Actions for annulment of judgments of the RTC on the grounds of extrinsic fraud and lack of jurisdiction.
With the SC A. Petitions for the issuance of writs of certiorari, prohibition and mandamus against:
a. NLRC. [However, the petitions should be filed with the CA; otherwise, they shall
be dismissed.]
b. CSC.
c. Quasi-Judicial Agencies. [However, the petitions should be filed with the CA.]
d. RTC and lower courts.
B. Petitions for the issuance of a writ of kalikasan.

With the SC, SB, A. Petition for writ of amparo.

and RTC B. Petition for writ of habeas data.
With the SC and A. Petitions for habeas corpus and quo warranto.
RTC B. Petitions for the issuance of writs of certiorari, prohibition and mandamus against
lower courts or bodies.
C. Petitions for the issuance of writ of continuing mandamus in environmental cases.
i. Exclusive Appellate
Ordinary Appeal Appeals from:

by Notice of 1. RTC in the exercise of its original jurisdiction, except in all cases where only
Appeal or questions of law are raised or involved, which are appealable to the SC by
Record on petition for review on certiorari in accordance with Rule 45.
Appeal 2. RTC on constitutional and jurisdictional questions which involve questions of
fact.
3. Family Courts.
Appeal by Petition A. An appeal may be taken to the CA whether the appeal involves questions of fact,
for Review mixed questions of fact and law, or questions of law, in the following cases:
Regular
Appeals from RTC in the exercise of its appellate jurisdiction.
Special
Appeals from CSC.
Appeals from Quasi-Judicial Agencies:
1. Securities and Exchange Commission
2. Office of the President
3. Land Registration Authority
4. Social Security Commission
5. Civil and Aeronautics Board
6. Intellectual Property Office
7. National Electrification Administration
8. Energy Regulatory Commission
9. National Telecommunications Commission
10. Department of Agrarian Reform under RA 6657
11. Government Service Insurance System
12.
13. Insurance Commission
14. Philippine Atomic Energy Commission
15. Board of Investments
16. Construction Industry Arbitration Commission
17. Voluntary Arbitrators authorized by law
18. Ombudsman, in administrative disciplinary cases
19. National Commission on Indigenous Peoples
B. From the judgments or final orders or resolutions of the CA, the aggrieved party
may appeal by certiorari to the SC as provided in Rule 45.
C. Judgments and final orders of the CTA en banc are now appealable to the SC
through a petition for review under Rule 45, pursuant to RA 9282.

3. SANDIGANBAYAN
(as amended by Section 4, R.A. 10660, promulgated April 16, 2015)
(a) EXCLUSIVE ORIGINAL
A. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt
Practices Act, Republic Act No. 1379, otherwise known as An Act Declaring Forfeiture in favor of the
State any Property Found to have been Unlawfully Acquired by any Public Officer or Employee and
Providing for the Proceedings therefor, and Chapter II, Section 2, Title VII, Book II of the Revised Penal
Code, where one or more of the accused are officials occupying the following positions in the government,
whether in a permanent, acting or interim capacity, at the time of the commission of the offense:
1. Officials of the executive branch occupying the positions of regional director and higher, otherwise
classified as , of the Compensation and Position Classification Act of 1989
(Republic Act No. 6758), specifically including:
a. Provincial governors, vice-governors, members of the sangguniang panlalawigan, and
provincial treasurers, assessors, engineers, and other provincial department heads:
b. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers,
assessors, engineers, and other city department heads;
c. Officials of the diplomatic service occupying the position of consul and higher;
d. Philippine army and air force colonels, naval captains, and all officers of higher rank;
e. Officers of the Philippine National Police while occupying the position of provincial
director and those holding the rank of senior superintendent and higher;
f. City and provincial prosecutors and their assistants, and officials and prosecutors in the
Office of the Ombudsman and special prosecutor;
g. Presidents, directors or trustees, or managers of government-owned or controlled
corporations, state universities or educational institutions or foundations.
2. Members of Congress and officials thereof classified as gher under the
Compensation and Position Classification Act of 1989;
3. Members of the judiciary without prejudice to the provisions of the Constitution; Chairmen and
members of the Constitutional Commissions, without prejudice to the provisions of the Constitution;
and
4. All other national and local officials classified as under the Compensation and
Position Classification Act of 1989.
Note: In case private individuals are charged as co-principals, accomplices or accessories with the public
officers or employees, including those employed in government-owned or controlled corporations, they
shall be tried jointly with said public officers and employees in the proper courts which shall exercise
exclusive jurisdiction over them.
Note:
higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers mentioned above,
exclusive original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial
court, municipal trial court, and municipal circuit trial court, as the case may be, pursuant to their respective
jurisdictions as provided in Batas Pambansa Blg. 129, as amended.
B. Other offenses or felonies whether simple or complexed with other crimes committed by the public
officials and employees mentioned in subsection a. of this section in relation to their office.
C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.
Note: Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability shall at all times be simultaneously instituted with,
and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filing
of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to
reserve the filing of such civil action separately from the criminal action shall be recognized.
Note: Where the civil action had heretofore been filed separately but judgment therein has not yet been
rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said
civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for
consolidation and joint determination with the criminal action, otherwise the separate civil action shall be
deemed abandoned.
D. Petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions,
and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar
nature, including quo warranto, arising or that may arise in cases filed or which may be filed under
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. Note that the jurisdiction over these petitions
shall not be exclusive of the Supreme Court.
(b) EXCLUSIVE APPELLATE
The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders
of Regional Trial Courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction
as provided in R.A. 10660.
Note: The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the
Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the
Court of Appeals, shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases
elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office of the
Ombudsman, through its special prosecutor, shall represent the People of the Philippines, except in cases filed
pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
COURT OF TAX APPEALS
(a) EXCLUSIVE APPELLATE JURISDICTION: By APPEAL
A. Decisions from the COMMISSIONER OF INTERNAL REVENUE

in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges,
penalties in relation thereto, or other matters arising under the National Internal Revenue Code (NIRC)
or other laws administered by the Bureau of Internal Revenue (BIR).
B. Inaction by the COMMISSIONER INTERNAL REVENUE
in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges,
penalties in relation thereto, or other matters arising under the NIRC or other laws administered by the
BIR, where the NIRC provides a specific period of action, in which case the inaction shall be deemed a
denial.
C. Decisions, orders or resolutions of REGIONAL TRIAL COURTS
in local tax cases originally decided or resolved by them in the exercise of their original and appellate
jurisdiction.
D. Decisions of the COMMISSIONER OF CUSTOMS
in cases involving liability for custom duties, fees or other money charges, seizure, detention or release
of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under
the Customs Law or other laws administered by the Bureau of Customs.
E. Decisions of the CENTRAL BOARD OF ASSESSMENT APPEALS in the exercise of its appellate
jurisdiction over cases involving the assessment and taxation of real property originally decided by the
provincial or city board of assessment appeals.
F. Decisions of the SECRETARY OF FINANCE
on customs cases elevated to him/her automatically for review from decisions of the Commissioner of
Customs which are adverse to the Government under Section 2315 of the Tariff and Customs Code.

G. Decisions of the SECRETARY OF TRADE AND INDUSTRY

in the case of non-agricultural product, commodity or article; and
H. Decisions of the SECRETARY OF AGRICULTURE
in the case of agricultural product, commodity or article involving dumping and countervailing duties under
Sections 301 and 302, respectively, of the Tariff and Customs Code and safeguard measures under the
RA 8800, where either party may appeal the decision to impose or not to impose said duties.
(b) CRIMINAL CASES
Exclusive Criminal cases arising from violations of the:

Appellate 1. National Internal Revenue Code.
Jurisdiction 2. Tariff and Customs Code.
3. Other laws administered by the BIR or the Bureau of Customs.
Provided, however, that offenses or felonies mentioned in this paragraph where the
principal amount of taxes and fees, exclusive of charges and penalties, claimed is less
than P1M or where there is no specified amount claimed shall be tried by the regular
courts and the jurisdiction of the CTA shall be appellate.
Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal
action and the corresponding civil action for the recovery of civil liability for taxes and
penalties shall be at all times be simultaneously instituted with, and jointly determined
in the same proceeding by the CTA, the filing of the criminal action being deemed to
necessarily carry with it the filing of the civil action, and no right to reserve the filing of
such civil action separately from the criminal action will be recognized.
Exclusive A. Over appeals from the judgments, resolutions or orders of the RTC in tax cases
Appellate originally decided by them, in their respective territorial jurisdiction.
Jurisdiction B. Over petitions for review of the judgments, resolutions or orders of the RTC in
the exercise of their appellate jurisdiction over tax cases originally decided the
MeTC, MTC and MCTC in their respective jurisdiction.
(c) TAX COLLECTION CASES
Exclusive Original Cases involving final and executory assessment for taxes, fees, charges and penalties:
Jurisdiction Provided, however, that collection cases where the principal amount of taxes and fees,
exclusive of charges and penalties, claimed is less than P1M shall be tried by the
proper MTC, MeTC and RTC.
Exclusive In tax collection cases:

Appellate A. Over appeals from the judgments, resolutions or orders of the RTC in tax
Jurisdiction collection cases originally decided by them, in their respective territorial
jurisdiction.
B. Over petitions for review of judgments, resolutions or orders of the RTC in the
exercise of their appellate jurisdiction over tax collection cases originally decided
the MeTC, MTC and MCTC in their respective jurisdiction.

5. REGIONAL TRIAL COURTS
CIVIL Cases A. Civil actions in which the subject of litigation is incapable of pecuniary estimation
B. Civil actions which involve the title to, or possession of, REAL property, or any
interest therein, where the assessed value of the property involved exceeds P20K,
or P50K if in Metro Manila, except actions forcible entry and unlawful detainer which
are cognizable by the MeTC, MTC, MCTC.
C. Actions in admiralty and maritime jurisdiction where the demand or claim exceeds
P300K, or P400K if in Metro Manila.
D. Matters of probate, both testate and intestate, where the gross value of the estate
exceeds P300K, or P400K if in Metro Manila.
NOTE: RA 11576 increased jurisdictional threshold to 2M and 400k (real actions) as of June
30, 2021 (past cut-off date).
E. Cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising judicial or quasi-judicial functions.
F. Actions involving the contract of marriage and marital relations.
G. Civil actions and special proceedings falling within the exclusive original jurisdiction
of a Juvenile and Domestic Relations Court and of the Special Agrarian Courts as
now provided by law.
H. Other cases in which the demand, exclusive of interest, damages of whatever kind,
controversy, exceeds P300K, or P400K if in Metro Manila.
IMPORTANT: If the claim for damages is the main cause of action, the amount thereof shall
be considered in determining the jurisdiction of the court.
CRIMINAL Criminal cases not within the exclusive jurisdiction of any court, tribunal or body, such as the
Cases following:
A. Penalty provided by law exceeds 6 years imprisonment, irrespective of fine.
B. Under (a) above not falling under the original jurisdiction of the Sandiganbayan
where none of the principal accused are occupying positions corresponding to salary
r military and PNP officers occupying the rank of
superintendent or higher, or their equivalent.
C. Only penalty provided by law is a fine exceeding P4K.
D. Violations of the:
i. Comprehensive Dangerous Drugs Act of 2002.
ii. Anti-Violence against Women and their Children Act of 2004 (specifically, those
involving violence against women and children as defined under Section 5).
iii. Comprehensive Agrarian Reform Law.
iv. Omnibus Election Code.
N.B.: Family Courts have exclusive original jurisdiction over criminal cases where one or
more of the accused is below 18 years old, or when one or more of the victims is a minor
at the time of the commission of the offense. However, if the victim has already died, such
as in homicide cases, the regular courts can have jurisdiction. (People v Dela Torre-
Yadao,G.R. Nos. 162144-54, 2012)

OTHER Cases A. Actions for recognition and enforcement of an arbitration agreement or for vacation,
setting aside, correction or modification of an arbitral award, and any application
with a court for arbitration assistance and supervision.
B. Actions for determination of just compensation to land under the CARL.
C. R.A. 10660 (promulgated April 16, 2015): The REGIONAL TRIAL COURT shall
have exclusive original jurisdiction where the information involving civil and criminal
cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and
14-A (1986):
1. Does not allege any damage to the government or any bribery; or
2. Alleges damage to the government or bribery arising from the same or closely
related transactions or acts in an amount not exceeding One million pesos
(P1,000,000.00).
Note: Subject to the rules promulgated by the Supreme Court, the cases falling under the
jurisdiction of the Regional Trial Court under Section 4 of R.A. 10660 shall be tried in a
judicial region other than where the official holds office.
With the SC Actions affecting ambassadors and other public ministers and consuls.
With the SC A. Issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus,
and CA and injunction which may be enforced in any part of their respective regions.
B. Petition for the issuance of writ of continuing mandamus in environmental cases.
With the SC, A. Petition for writ of amparo.

CA and SB B. Petition for writ of habeas data.
With the Claims not exceeding P100K. This is applicable if subject of the action is incapable of
Insurance pecuniary estimation; otherwise, jurisdiction is concurrent with the MeTC.
Commissioner
Cases decided by the MeTC, MTC, MTCC and MCTC in their respective territorial Jurisdiction.
(c) SPECIAL JURISDICTION
The SC may designate certain branches of the RTC to handle exclusively criminal cases, juvenile and domestic
relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial
bodies and agencies, and/or such other special cases as the SC may determine in the interest of a speedy and
efficient administration of justice.
6. FAMILY COURTS
(Feria and Noche, pp. 690-692)
ORIGINAL AND EXCLUSIVE JURISDICTION
A.
victims is a minor at the time of the commission of the offense: provided, that if the minor is found
guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have
incurred. The sentence, however, shall be suspended without need of application pursuant to the Child
and Youth Welfare Code (PD 603).
B. Petitions for guardianship, custody of children, habeas corpus in relation to the latter.
C. Petitions for adoption of children and revocation thereof.

D. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital
status and property relations of husband and wife or those living together under different status and
agreements, and petitions for dissolution of conjugal partnership or gains
E. Petitions for support and/or acknowledgment.
F. Summary judicial proceedings brought under the provisions of the Family Code of the Philippines (E.O
No. 209).
G. Petitions for declaration of status of children as abandoned, dependent or neglected children; petitions
for voluntary or involuntary commitment of children; the suspension, termination, or restoration of
parental authority and other cases cognizable under the Child and Youth Welfare Code (PD 603),
Authorizing the Ministry of Social Services and Development to Take Protective Custody of Child
Prostitutes and Sexually Exploited Children, and for Other Purposes (E.O. 56), and other related laws.
H. Petitions for constitution of the family home.
I. Cases against minors cognizable under the Comprehensive Dangerous Drugs Act of 2005.
J. Violations of Special Protection of Children against Child Abuse, Exploitation and Discrimination Act
(RA 7610), as amended by RA 7658 and RA 9231.
K. Cases of domestic violence against:
1. Women which are acts of gender-based violence that results, or are likely to result in physical,
sexual or psychological harm or suffering to women; and other forms of physical abuse such as
movement; and
2. Children which include the commission of all forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other conditions prejudicial to their development
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case pending in the regular
courts, said incident shall be determined in that court.
7. MUNICIPAL TRIAL COURTS MeTC, MTC and MCTC

(Feria and Noche, pp.685-689)
Civil cases A. Civil actions and probate proceedings, testate and intestate, including the grant of
provisional remedies in proper cases, where the value of the personal property,
estate or amount of demand does NOT exceed P300K, or P400K if in Metro
expenses, and costs, the amount of which must be specifically alleged. However,
shall be included in the determination of the filing fees.

B. Admiralty and maritime cases where the demand or claim does NOT exceed
P300K, or P400K if in Metro Manila.
C. Where there are several claims or causes of action between the same or different
parties, embodied in the same complaint, the amount of the demand shall be the
totality of the claims in all the causes of action irrespective of whether the causes
of action arose out of the same or different transactions.
D. Forcible entry and unlawful detainer regardless of value of property involved, with
jurisdiction to determine the issue of ownership only to resolve the issue of
possession.
E. Civil actions which involve title to, or possession of, REAL property, or any interest
therein where the assessed value of the property or interest therein does NOT
exceed P20K, or P50K if in Metro Manila, exclusive of interest, damages of
not

declared for taxation purposes, the value of such property shall be determined by
the assessed value of the adjacent lots.
F. Inclusion and exclusion of voters.
Criminal cases EXCEPT in cases falling within the exclusive original jurisdiction of the RTC or SB
A. Violations of city or municipal ordinances committed within their respective
territorial jurisdiction.
B. Offenses punishable with imprisonment NOT exceeding 6 years irrespective of the
amount of fine, and regardless of other imposable accessory or other penalties,
including the civil liability arising from such offenses or predicated thereon,
irrespective of kind, nature, value or amount thereof.
C. Offenses under (2) above include those NOT falling within the exclusive original
jurisdiction of the SB where none of the accused is occupying positions
D. Offenses involving damage to property through criminal negligence.

E. In cases where the only penalty provided by law is a fine of not more than P4K.
(b) DELEGATED JURISDICTION
Cadastral or land registration cases covering lots where there is no controversy or opposition, or contested
lots where the value of which does NOT exceed P100K, such value to be ascertained by the affidavit of the
claimant or by agreement of the respective claimants if there are more than one, or from the corresponding
tax declaration of the real property. These cases are assigned and not automatically delegated.
(c) SPECIAL JURISDICTION
In the absence of all the RTC Judges in a province of city
Hear and decide petitions for writ of habeas corpus.
Hear and decide applications for bail in criminal cases.
(d) SUMMARY PROCEDURE
Civil cases A. Forcible entry and unlawful detainer, irrespective of the amount of damages or
unpaid rentals sought to be recovered.
same shall not exceed P100,000
B. All civil actions, except probate proceedings, admiralty, and maritime actions, where
C. Complaints for damages where the claim does not exceed P2,000,000, exclusive
of interest and costs
D. Cases for enforcement of barangay amicable settlement agreements and arbitration
awards where the money claim exceeds P1,000,000, provided that no execution
has been enforced by the barangay within 6 months from the date of the settlement
or date of receipt of the award or from the date the obligation stipulated or adjudged
in the arbitration award becomes due and demandable, pursuant to Section 417,
Charter VII of RA No. 7160
E. Cases solely for the revival of judgment of any MeTC, MTCC, MTC, MCTC,
pursuance to Rule 39, Section 6 of ROC
F. The civil aspect of a violation of BP 22, if no criminal action has been instituted
therefor.
Criminal cases A. Traffic violations.
B. Rental law violations.
C. Violations of city or municipal ordinances.
D. Violations of B.P. 22 (Bouncing Checks Law).
E. All other cases where penalty does NOT exceed 6 months and/or fine of P1K

6. ASPECTS OF JURISDICTION 8. JURISDICTION vs. VENUE

a. Jurisdiction over the parties Q: Compare venue and jurisdiction.
JURISDICTION VENUE
Q: How is jurisdiction over the plaintiff
acquired?
Authority to hear and Place where the case is
A: Jurisdiction over the person of the plaintiff is
determine a case to be heard or tried
acquired by the filing of the initiatory pleading, such
as a complaint (De Joya v. Marquez, G.R. No. A matter of substantive A matter of procedural
162416, 2006). law law
b. Jurisdiction over the subject matter Establishes a relation Establishes a relation

between the court and between plaintiff and
Q: How is jurisdiction over the subject matter the subject matter defendant, or petitioner
acquired? and respondent
A: Jurisdiction of the Court over the subject matter
is conferred by law and determined by the Fixed by law and May be conferred by
allegations in the complaint (Ursua vs. RP, GR No. cannot be conferred by the act or agreement of
178193, 2012) the parties the parties (e.g. a
contractual stipulation
c. Jurisdiction over the issues can contain the
Q: How is jurisdiction over the issues acquired? dispute arising from this
A: It is acquired or conferred by the pleadings (De contract, a party shall
Joya v. Marquez, G.R. No. 162416, 2006). file a suit exclusively
with the Regional Trial
d. Jurisdiction over the res or the
property in litigation (Nocum v. Tan, G.R.
No. 145022, 2005)
Q: How is jurisdiction over the res or property
acquired? Lack of jurisdiction over Not a ground for a motu
A: It is acquired by the seizure of the thing under the subject matter is a proprio dismissal
legal process or it may result from the institution of ground for a motu (except in cases subject
legal proceedings (De Joya v. Marquez, G.R. No. proprio dismissal to Summary Procedure)
162416, 2006).
Cannot be waived May be waived only in
7. JURISDICTION vs. EXERCISE OF civil cases. In criminal
JURISDICTION cases, venue is
jurisdictional (Nocum v.
Jurisdiction is the power or authority of the court to Tan, G.R. No. 145022,
hear, try and decide a case, and not the decision 2005, Dacoycoy v. IAC,
rendered therein. (Republic of the Philippines v. G.R. No. 74854, 1991)
Asset Privatization Trust, G.R. No. 141241, 2005).
Q: What happens when the venue is improperly
Exercise of jurisdiction refers to the exercise of
laid?
this power or authority. Where there is jurisdiction
A: In civil proceedings, venue is procedural, not
over the subject matter, the decision on all other
jurisdictional, and it may be waived by the defendant
questions arising in the case is but an exercise of
if not seasonably raised either in a motion to dismiss
jurisdiction. (Republic of the Philippines v. Asset
or in the answer (BPI Family Savings Bank, Inc. v.
Privatization Trust, G.R. No. 141241, 2005).
Yujuico, G.R. No. 175796, 2015).

Q: Does exclusive venue stipulation apply where Q: M filed before the DENR two Townsite Sales
the complaint assails the validity of the written Applications. Upon his death, his applications
instrument? were transferred to his heirs, X. N executed a
A: No. In cases where the complaint assails only the deed of transfer of rights, transferring his
terms, conditions, and/or coverage of a written hereditary share in the property covered by TSA
No. 123 to Sps Y and Z. Sometime thereafter, an
instrument and not its validity, the exclusive venue
OCT was issued in favor of X. X filed before the
stipulation contained therein shall still be binding on RTC a Complaint or Recovery of Possession of
the parties, and thus, the complaint may be properly Real Property against Y and Z. X allege that they
dismissed on the ground of improper venue. are the true owners of the parcel of land that Y
However, if the complaint assailis the validity of the
written instrument itself, the parties should not be property. RTC ruled in favor of X, but CA
bound by the exclusive venue stipulation contained reversed the decision on the ground of lack of
therein. It would be inherently inconsistent for a jurisdiction. Did RTC acquire jurisdiction over
complaint of this nature to recognize the exclusive the complaint?
venue stipulation when it, in fact, precisely assails A: No. The Court held that in an action for recovery
of possession, the assessed value of the property
the validity of the instrument in which such
stipulation is contained (Briones v. CA, G.R. No. jurisdiction. In this case, for the RTC to exercise
204444, 2015). jurisdiction, the assessed value of the subject
property must exceed P20,000.00. Since X failed to
Q: What are some actions incapable of allege in their Complaint the assessed value of the
pecuniary estimation? subject property, the CA correctly dismissed the
1. Actions for specific performance; Complaint as petitioners failed to establish that the
2. Actions for support which will require the RTC had jurisdiction over it. In fact, since the
determination of the civil status; assessed value of the property was not alleged, it
3. The right to support of the plaintiff; cannot be determined which trial court had original
and exclusive jurisdiction over the case. In an action
4. Those for the annulment of decisions of lower
to recover, the property must be identified. The
courts; plaintiff, therefore, is duty-bound to clearly identify
5. Those for the rescission or reformation of the land sought to be recovered, in accordance with
contracts; the title on which he anchors his right of ownership.
6. Interpretation of a contractual stipulation (Heirs In this case, X failed to identify the property they
of Bautista v. Lindo, G.R. No. 108232, 2014). seek to recover as they failed to describe the
location, the area, as well as the boundaries thereof.
Q: X filed a complaint to enforce his right (Heirs of Julao v Alejandro, G.R. No. 176020,
granted by law to recover the lot subject of free September 29, 2014)
patent. Which court has jurisdiction over the
complaint? Q: Which is the basis in determining which court
A: RTC. The action is for specific performance; has jurisdiction over a complaint for accion
hence, incapable of pecuniary estimation and is publiciana?
cognizable by the RTC. Although the selling price is A: It depends on the assessed value of the property
less than PHP 20,000, the RTC still has jurisdiction sought to be recovered (Supapo v. Sps. de Jesus,
because the repurchase of the lots is only incidental G.R. No. 198356, 2015).
to the exercise of the right to redeem. The
reconveyance of the title to petitioners is not the
principal or main relief or remedy sought (Heirs of
Bautista v. Lindo G.R. No. 208232, 2014).
Q: What is the nature of an action to recover

deficiency on the extrajudicial foreclosure?
A: It is a personal action for it does not affect title to
or possession of real property, or any interest
therein (BPI Savings Bank v. Spouses Benedicto,
G.R. No. 175796, 2015).

Q: The case is for the declaration of the nullity 1. Where one party is the government, or any
of a contract of loan and its accompanying subdivision or instrumentality thereof;
continuing surety agreement, and the real estate 2. Where one party is a public officer or employee,
and chattel mortgages. What is the nature of the and the dispute relates to the performance of his
action? Where should it be filed? official functions;
A: It is a personal action; under Section 2, Rule 4 of 3. Where the dispute involves real properties
the Rules of Court, the venue of a personal action is located in different cities and municipalities,
the place where the plaintiff or any of the principal unless the parties thereto agree to submit their
plaintiffs resides, or where the defendant or any of difference to amicable settlement by an
the principal defendants resides, or in the case of a appropriate Lupon;
non-resident defendant where he may be found, at 4. Any complaint by or against corporations,
the election of the plaintiff, for which reason the partnerships or juridical entities, since only
action is considered a TRANSITORY one. Unlike a individuals shall be parties to Barangay
real action, where it has to be commenced and tried conciliation proceedings either as complainants
in the proper court having jurisdiction over the area or respondents (Sec. 1, Rule VI, Katarungang
wherein the real property involved, or a portion Pambarangay Rules);
thereof is situated, which explains why the action is 5. Disputes involving parties who actually reside in
also referred to as a LOCAL action (BPI v. barangays of different cities or municipalities,
Hontanosas, G.R. No. 15761325, 2014) except where such barangay units adjoin each
other and the parties thereto agree to submit
Q: How is jurisdiction of the court determined? their differences to amicable settlement by an
A: General Rule: The jurisdiction of the court is appropriate Lupon;
determined by the statute in force at the time of the 6. Offenses for which the law prescribes a
commencement of the action. (Narra Nickel Mining maximum penalty of imprisonment exceeding
v. Redmont, G.R. No. 195580, 2014) one (1) year or a fine over five thousand pesos
(P5,000.00);
Exception: Unless such statute provides for its 7. Offenses where there is no private offended
retroactive application, as where it is a curative party;
legislation. (Atlas Fertilizer v. Navarro, G.R. No. 8. Disputes where urgent legal action is necessary
72074, 1987) to prevent injustice from being committed or
further continued, specifically the following:
The courts acquire jurisdiction over a case only a. Criminal cases where accused is under
upon payment of the prescribed docket fee. (Pacific police custody or detention (See Sec. 412
Redhouse Corp v. EIB Securities, G.R. No. 184036, (b)(1), Revised Katarungang Pambarangay
2010) Law);
b. Petitions for habeas corpus by a person
When several courts have concurrent jurisdiction, illegally deprived of his rightful custody over
the first court which acquires jurisdiction retains it to another or a person illegally deprived of his
the exclusion of the others. (Nenaria v. Veluz, G.R. liberty or one acting in his behalf;
No. L-4683, 1952) c. Actions coupled with provisional remedies
such as preliminary injunction, attachment,
9. JURISDICTION OVER CASES COVERED BY delivery of personal property and support
BARANGAY CONCILIATION, SMALL CLAIMS during the pendency of the action; and
CASES AND CASES COVERED BY SUMMARY d. Actions which may be barred by the Statute
PROCEDURE of Limitations.
9. Any class of disputes which the President may
Q: Which cases are covered by Barangay determine in the interest of justice or upon the
Conciliation? recommendation of the Secretary of Justice;
A: All disputes are subject to Barangay conciliation 10. Where the dispute arises from the
and prior recourse thereto is a pre-condition before Comprehensive Agrarian Reform Law (CARL)
filing a complaint in court or any government offices, (Secs. 46 & 47, R.A. 6657);
except in the following disputes: 11. Labor disputes or controversies arising from
employer-employee relations (Montoya vs.

Escayo, et al., 171 SCRA 442; Art. 226, Labor B. Criminal Cases:
Code, as amended, which grants original and 1. Violations of traffic laws, rules and regulations;
exclusive jurisdiction over conciliation and 2. Violations of the rental law;
mediation of disputes, grievances or problems to 3. Violations of municipal or city ordinances;
certain offices of the Department of Labor and 4. All other criminal cases where the penalty
Employment); prescribed by law for the offense charged is
12. Actions to annul judgment upon a compromise, imprisonment not exceeding six months, or a fine
which may be filed directly in court (See Sanchez not exceeding (P1,000.00), or both, irrespective
vs. Tupaz, 158 SCRA 459). (Guidelines on of other imposable penalties, accessory or
Katarungang Pambarangay Conciliation otherwise, or of the civil liability arising
Procedure, Supreme Court Administrative therefrom: Provided, however, that in offenses
Circular No. 14-93, 1993) involving damage to property through criminal
negligence, this Rule shall govern where the
Q: What cases are covered by small claims? imposable fine does not exceed ten thousand
Which court has jurisdiction over these cases? pesos (P10,000.00).
A: Actions before the Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial This Rule shall not apply to a civil case where the
Courts, and Municipal Circuit Trial Courts for plaintiff's cause of action is pleaded in the same
payment of money where the value of the claim complaint with another cause of action subject to
does not exceed One Million Pesos (P1,000,000), the ordinary procedure; nor to a criminal case
exclusive of interests and costs. where the offense charged is necessarily related
to another criminal case subject to the ordinary
action that is purely civil in procedure. (Revised Rule on Summary
nature where the claim or relief raised by the plaintiff Procedure, Resolution of the Court En Banc
is solely for the payment or reimbursement of a sum 1991, 1991)
of money.
It excludes actions seeking other claims or reliefs

aside from payment or reimbursement of a sum of
money and those coupled with provisional
remedies.
Q: What cases are covered by Summary

Procedure? Which court has jurisdiction over
these cases?
A: Actions in the Metropolitan Trial Courts, the
Municipal Trial Courts in Cities, the Municipal Trial
Courts, and the Municipal Circuit Trial Courts in the
following cases falling within their jurisdiction:
A. Civil Cases:
1. All cases of forcible entry and unlawful detainer,
irrespective of the amount of damages or unpaid
rentals sought to be recovered. Where attorney's
fees are awarded, the same shall not exceed
twenty thousand pesos (P20,000.00).
2. All other cases, except probate proceedings,
where the total amount of the plaintiff's claim
does not exceed one hundred thousand pesos
(P100,000.00) or, two hundred thousand pesos
(P200,000.00) in Metropolitan Manila, exclusive
of interest and costs.

d. Judgment is binding only upon the parties

II. CIVIL PROCEDURE
impleaded or their successors-in-interest
(Munoz v. Yabut, G.R. No. 142676, 2011).
A. GENERAL PROVISIONS
An action in personam is one which has for its object
Q: What are ordinary civil actions? a judgment against the person. It is a proceeding to
A: enforce personal rights or obligations (Domagas v.
court of justice in the manner prescribed by the court Jensen, G.R. No. 158407, 2005).
or by the law (Rule 1, Sec. 3(a) as enunciated by
Sps. Ochoa v. Chinabank, G.R. No. 192877, 2011). In an action in personam, personal service of
It is governed by ordinary rules. summons, within the forum is essential to the
acquisition of jurisdiction over the person of the
Q: What is a real action? defendant, who does not voluntarily submit himself
A: A real action affects title to or possession of real to the authority of the court. In other words,
property or an interest therein (Rule 4, Sec. 1). summons by publication cannot confer upon the
court jurisdiction over said defendant
Q: What is a personal action? Surety v. Melencio-Herrera, G.R. No. L-32170,
A: A personal action is one brought for the recovery 1971).
of personal property, for the enforcement of some
contract or recovery of damages for its breach, or for 3. Quasi In Rem (SIDPOL-APP-JDNR, JRA-JPP)
the recovery of damages for the commission of an a. It is a proceeding, the purpose of which is to
injury to the person or property (Go v. UCPB, G.R. subject the interest of a named defendant over a
No. 156187, 2004). particular property to an obligation or lien
burdening it.
Q: What are actions in rem, in personam and b. Directed against particular persons.
quasi in rem? c. Jurisdiction over the person of the defendant is
1. In Rem (DSC-ATI-JDNR-JBWW) not required as long as jurisdiction over the res
a. A proceeding to determine the state or is acquired.
condition of a thing (Lopez v. Director of d. Judgment is binding upon the particular persons.
Lands, G.R. No. L-22136, 1924).
b. Directed against the thing itself (Alba v. CA, A proceeding quasi in rem is one brought against
G.R. No. 164041, 2005). persons seeking to subject the property of such
c. Jurisdiction over the person of the defendant persons to the discharge of the claims assailed. It
is not required (Biaco v. Carpo-Morales, G.R. deals with the status or ownership of a particular
No. 161417, 2007). property (Domagas v. Jensen, supra)
d. Judgment is binding on the whole world
(Ang Lam V. Rosillosa, G.R. No. L-3595, Q: What is an independent civil action?
1950). A: In the cases provided for in Articles 32, 33, 34
and 2176 of the Civil Code of the Philippines, the
An action in rem is one where the action is directed independent civil action may be brought by the
against the thing itself, as in land registration and offended party. It shall proceed independently of
cadastral proceedings (Domagas v Jensen, G.R. and simultaneously with the criminal action and shall
No. 158407, 2005). require only a preponderance of evidence. In no
case, however, may the offended party recover
2. In Personam (IRPD-APP-JDR-JBPISI) damages twice for the same act or omission
a. An action to impose a responsibility or charged in the criminal action (Rule 111, Sec. 3).
liability upon a person directly (Domagas v
Jensen, G.R. No. 158407, 2005). Requisites (PIO)
b. Directed against a particular person. 1. May be brought by the Offended party;
(Domagas v Jensen, G.R. No. 158407, 2005). 2. Shall proceed Independently of criminal action;
c. Jurisdiction over the person of the and
defendant is required (Domagas v Jensen, 3. Shall require only a Preponderance of evidence
G.R. No. 158407, 2005). (Rule 111, Sec. 3).

Note: An offended party cannot recover damages 2. Compliance with all

twice for the same act or omission charged in the the conditions
criminal action (Rule 111, Sec. 3). precedents; and
3. Action must be
B. CAUSE OF ACTION instituted by the
proper party.
Q: What is a cause of action? Reason for the action Remedy or means
A: A cause of action is an act or omission of one (e.g. breach of contract) afforded or the
party in violation of the legal rights of another (Rule consequent relief (e.g.,
2, Sec. 2)) filing a civil action for
recovery of damages on
Q: What is a joinder of causes of action? the ground of breach of
A: A party may in one pleading assert, in the contract).
alternative or otherwise, as many causes of action Not affected by May be lost or waived
as he may have against an opposing party, subject affirmative defenses (e.g. through prescription
to the following conditions: (fraud, prescription, if a complaint is not filed
1. The party joining the causes of action shall estoppel etc.). within the prescriptive
comply with the rules on joinder of parties; period.)
2. The joinder shall not include special civil actions (Riano, 2014, p. 43).
or actions governed by special rules;
3. Where the causes of action are between the C. PARTIES TO CIVIL ACTIONS
same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the Q: Who is a real party-in-interest?
Regional Trial Court provided one of the causes A: A real party-in-interest is one who stands to be
of action falls within the jurisdiction of said court benefited or injured by the judgment in the suit, or
and the venue lies therein; and the party entitled to the avails of the suit. (Rule 3,
4. Where the claims in all the causes action are Sec. 2).
principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction Q: What are the exceptions to the general rule
(Rule 2, Section 5). that one who is not privy to a contract may not
bring an action to enforce it?
Q: What is a misjoinder of causes of action? A: The exceptions are:
A: When there is a misjoinder of causes of action, 1. Stipulation pour atrui - If a contract should
the erroneously joined cause of action can be contain some stipulation in favor of a third
severed and proceeded with separately upon person, he may demand its fulfillment provided
he communicated his acceptance to the obligor
(Rule 2, Sec. 6) before its revocation. A mere incidental benefit
or interest of a person is not sufficient. The
Q: Compare right of action and cause of action. contracting parties must have clearly and
CAUSE OF ACTION RIGHT OF ACTION deliberately conferred a favor upon a third
A delict or wrongful act or A remedial right or right to person (Civil Code, Art. 1311).
omission committed by relief granted by law to a 2. Those who are not principally or subsidiarily
the defendant in violation party to institute an action obligated in a contract ma show the detriment
of the primary rights of against a person who has that could result from it i.e., when contracts
the plaintiff. committed a delict or entered into in fraud of creditors may be
wrong against him/her; it rescinded when the creditors cannot collect the
is the right of a person to claims due them (Civil Code, Art. 1318).
bring and prosecute an
action to obtain a Q: Spouses X are the registered owners of a
judgment, the elements of parcel of land. Y and Z are alleged to be the
which are as follows: owners of Company A, which owns the lots
1. There must be a adjacent to the property of Spouses X. Company
cause of action; A claimed that Spouses X were constructing a

fence without a valid permit, and the (Republic v. Sandiganbayan, G.R. No. 152154,
construction would destroy the wall of its 2003).
building. To gather evidence, Company A set-up
and installed two video surveillance cameras Q: Who is a necessary party?
facing the property of Spouses X. Y and Z, as a A: A necessary party is not an indispensable party.
defense, raised that they are not the owners of He is ought to be joined as a party if COMPLETE
Company A and were wrongfully impleaded in RELIEF is to be accorded as to those already
parties; he should be joined whenever possible.
A: No. The fact that Y and Z are not the registered
owners of the building does not automatically mean Q: Is substitution of a party allowed?
that they did not cause the installation of the video A: Yes. In case of death of a litigant during the
surveillance cameras. Although Company A has a pendency of an action. The heirs of the deceased
juridical personality separate and distinct from its may be allowed to be substituted for the deceased,
stockholders, records show that it is a family-owned without requiring the appointment of an executor or
corporation managed by the family of Y and Z. In administrator and the court may appoint a guardian
these instances, the personalities of Company A ad litem for the minor heirs (Rule 3, Sec. 16).
and Y and Z seem to merge. As such, Y and Z are
merely using the corporate fiction of Company A as Q: Are alternative defendants allowed?
a shield to protect themselves from the suit. Y and Z A: Yes. Where the plaintiff cannot definitely identify
are, thus, proper parties to the suit. (Sps. Hing v. who among two or more persons should be
Choachuy, G.R. No. 179736, June 26, 2013). impleaded as a defendant, he may join all of them
as defendants in the alternative, although a right to
Q: Who is an indispensable party? relief against one may be inconsistent with a right of
A: A real party-in-interest without whom NO FINAL relief against the other (Rule 3, Sec. 13).
DETERMINATION can be had of an action. They
are those with such an interest in the controversy Q: When is a party misjoined?
that a final adjudication cannot be made, in his A: A party is MISJOINED when he is made a party
absence, without injuring or affecting that interest to the action although he should not be impleaded
(Rule 3, Sec. 7). (Rule 3, Section 11).
Q: What is the effect of the non-joinder of Q: What is the remedy in case of misjoinder?
indispensable parties? A: In contract, in misjoinder of cause of action, the
A: The absence of an indispensable party renders court can order severance (Rule 3, Section 11).
all subsequent actions of the court null and void for
want of authority to act, not only as to the absent Q: What is the effect of the death of a party upon
parties but even as to those present (Arcelona v. a pending action?
CA, G.R. No. 102900, 1997). A: The death of the client extinguishes the attorney-
client relationship and divests a counsel of his
However, it is not a ground for automatic dismissal authority to represent the client; neither does he
of complaint; hence, the court should order an become the counsel of the heirs of the deceased
amendment and impleading of the indispensable unless said heirs engage his services.
parties. The case would be dismissed if there is
refusal to comply with the directive of the court for Whenever a party to a pending action dies, and the
the joinder of an indispensable party to the case claim is not thereby extinguished, it shall be the duty
(Contreras vs. Rovila Water Supply, G.R. No. of his counsel to inform the court within thirty (30)
168979, 2013). days after such death of the fact thereof, and to give
the name and address of his legal representative or
Q: What are the two tests to determine an representatives. Failure of counsel to comply with
indispensable party? this duty shall be a ground for disciplinary action.
1. Whether a relief be afforded to the plaintiff The heirs of the deceased may be allowed to be
without the presence of the other party; and substituted for the deceased, without requiring the
2. Whether the case can be decided on its merits appointment of an executor or administrator and the
without prejudicing the rights of the other party

court may appoint a guardian ad litem for the minor prayed for cannot be granted without the court
heirs (Rule 3, Sec. 16). deciding on the merits, the issue of ownership and
title, more specifically, as to who, between the
Q: Does unincorporated association have contending parties, would have a better right to the
capacity to sue? property, the case can only be but a real action
A: No, because an unincorporated association (Gumabon v. Larin, G.R. No. 142523, 2001).
cannot be considered a juridical person or an entity
authorized by law, thus it cannot be a party to a civil Where a complaint is entitled as one for specific
action (Association of Flood Victims vs. COMELEC, performance but nonetheless prays for the issuance
G.R. No. 2037755, 2014). of a deed of sale for a parcel of land, its primary
objective and nature is one to recover the parcel of
D. VENUE OF ACTIONS land itself and, thus, is deemed a real action. In such
a case, the action must be filed in the proper court
Q: Can the parties stipulate on the venue? where the property is located (Gochan v. Gochan,
A: Yes. Parties may stipulate on the venue, as long G.R. No. 146089, 2001).
as it is agreed in writing before the filing of the action
on the exclusive venue thereof (Rule 4, Sec. 4(b)). An action to recover the deficiency after extrajudicial
foreclosure of a real property mortgage is a personal
Mere stipulation on the venue of an action, however, action because it does not affect title to or
is not enough to preclude parties from bringing a possession of real property, or any interest therein
case in other venues. The parties must be able to (BPI Family v. Yujuico, G.R. 175796, 2015).
show that such stipulation is exclusive. In the
absence of qualifying or restrictive words, the Q: What is the venue for personal actions?
stipulation should be deemed as merely an A: All other actions may be commenced and tried
agreement on an additional forum, not as limiting WHERE PLAINTIFF RESIDED, OR WHERE
venue to the specified place (Sps. Lantin v. Hon. DEFENDANT RESIDES or any of the principal
Lantion, G.R. No. 160053, 1992). defendants resides, or in the case of a non-resident
defendant WHEREVER HE MAY BE FOUND, at the
Examples of qualifying or restrictive words: election of the plaintiff (Rule 4, Sec. 2).
"exclusively" and "waiving for this purpose any
other venue," "shall only" preceding the When there is more than one plaintiff in a personal
designation of venue, "to the exclusion of the other action case, the residences of the principal parties
courts," or words of similar import (Auction in should be the basis for determining proper venue.
Malinta, Inc. v. Luyaben, G.R. No. 173979, 2007).
Rules] and the purpose of the Rule would be
Q: What is the venue for real actions? defeated where a nominal or formal party is
A: Actions affecting title to or possession of real impleaded in the action since the latter would not
property, or interest therein, shall be commenced have the degree of interest in the subject of the
and tried in the proper court which has jurisdiction action which would warrant and entail the desirably
over the area WHEREIN THE REAL PROPERTY active participation expected of litigants in a case
INVOLVED, or a portion thereof, IS SITUATED (Marcos-Araneta v. Cam, GR No. 154096, 2008).
(Rule 4, Sec. 1(1)).
Forcible entry and detainer actions shall be

commenced and tried in the municipal trial court of
the municipality or city WHEREIN THE REAL
PROPERTY involved, or a portion thereof, IS
SITUATED. (Rule 4, Sec. 1(2)).
Real actions, as so opposed to personal actions, are

those which affect the title to or possession of real
property. Where a contrary claim to ownership is
made by an adverse party, and where the relief

E. PLEADINGS the main complaint having been dismissed (Padilla

vs Globe Asiatique, G.R. No. 207376, 2014).
1. Kinds of Pleadings
Q: When should compulsory counterclaim be
Q: What are the kinds of pleadings? filed?
A: (C3ART) A: At the time for filing of answer. A claim for
1. Complaint recovery of the excess in the bid price vis-a-vis the
2. Counterclaim amount due should be interposed as a compulsory
3. Cross-claim counterclaim in an action for recovery of a deficiency
4. Answer filed by the mortgagee against the debtor-mortgagor
5. Reply (Rule 6) (MBTC vs CPR Promotions and Marketing, G.R. No.
6. Third (fourth, etc. -party complaint) 200567, 2015).
Q: What is a complaint? Q: What is a permissive counterclaim?

A: A: A counterclaim is permissive if any of the
cause or causes of action. The names and elements of a compulsory counterclaim is absent
residences of the plaintiff and defendant must be (see above). The most commonly treated feature of
stated in the complaint (Rule 6, Sec. 3). a permissive counterclaim is its absence of a logical
connection with the subject matter of the complaint.
Q: What is an answer? (International Container Terminal Services Inc. v.
A: An answer is a pleading in which a defending CA, G.R. No. 90530, 1992).
party sets forth his defenses. It may be an answer
to a complaint, a counterclaim or a cross-claim. A permissive counterclaim does not necessarily
(Rule 6, Sec. 4) arise out of or is not directly connected with the
subject matter of the first claim; it can be filed as a
Q: What is a counterclaim? separate case altogether. There is a need to pay for
A: A counterclaim is any claim, which a defending docket fees since it is seen as a different action
party may have against an opposing party. When a
defendant files a counterclaim against the plaintiff, respect of such counterclaim (Reillo v. San Jose,
he becomes the plaintiff in the counterclaim and the G.R. No. 166393, 2009).
original plaintiff becomes the defendant.
Q: What is a cross-claim?
A counterclaim may be COMPULSORY or A: A cross-claim is any claim by one party against
PERMISSIVE. (Rule 6, Sec. 6) a co-party arising out of the transaction or
occurrence that is the subject matter either of the
Q: What is a compulsory counterclaim? original action or of a counterclaim therein.
A: Elements: (ATAC)
1. Arises out of or is necessarily connected with the Such cross-claim may include a claim that the party
transaction or occurrence which is the subject against whom it is asserted is or may be liable to the
cross-claimant for all or part of a claim asserted in
2. It does not require for its adjudication the the action against the cross-claimant (Rule 6, Sec.
presence of third parties over whom the court 8).
cannot acquire jurisdiction;
3. The court has jurisdiction over the amount and Requirements: (CAP)
nature of the case; and 1. A claim by one party against a co-party;
4. It must be cognizable by the regular courts of 2. Must arise out of the transaction or occurrence
justice (Yulienco v. CA). that is the subject matter either of the original
action or of a counterclaim; and
Q: May a compulsory counterclaim prosper after 3. The cross-claimant is prejudiced by the claim
dismissal of complaint for lack of jurisdiction? against him by the opposing party. (Rule 6, Sec.
A: Yes. If the compulsory counterclaim is by reason 8)
of an unfounded suit then it may prosper even with

Q: What is a reply? Q: What are the actions of counsel that are

A: It is a pleading, the office or function of which is subject to disciplinary measures?
to deny, or allege facts in denial or avoidance of new A:
matters alleged in, or relating to, the actionable 1. When he deliberately files an unsigned
document attached to the answer. pleading
2. When he signs a pleading in violation of the
If a party does not file such reply, all the new matters Rules
alleged in the answer are deemed controverted or 3. When he alleges in the pleading scandalous or
denied. No admission follows from the failure to file indecent matter, or
a reply (Rule 6, Sec. 10). 4. When he fails to promptly report to the court a
change of his address (Rule 7, Sec. 3).
Q: What is a third- (fourth-, etc) party
complaint? Q: What is verification?
A: A claim that a defending party may, with leave A: It is an affidavit declaring that: (a) the affiant has
of court, file against a person not a party to the read the pleading, and (b) the allegations therein are
action, called the third (fourth, etc.)-party defendant, true and correct of his personal knowledge and/or
for contribution, indemnity, subrogation or any other based on authentic records (Rule 7, Sec. 4 as
(Rule 6, amended by AM No. 00-2-10). Generally, pleadings
Sec. 11) need not be verified EXCEPT only when the law or
a rule requires it (Rule 7, Sec. 4).
2. Parts of a Pleading
Q: What is the significance of verification?
Q: What are the parts of a pleading? A: it is meant to secure an assurance that the
a. Caption and body - The caption sets forth the allegations of the petition have been made in good
following: faith, or are true and correct, not merely speculative
1. The name of the court; (Sarmiento v. Zaratan, G.R. No. 167471, 2007).
2. The title of the action; and
3. The docket number, if assigned. Q: What is Forum Shopping?
A: It consists of filing multiple suits in different
The body sets forth the following: courts, either simultaneously or successively,
1. Its designation; involving the same parties, to ask the courts to rule
2. The allegation on the same related causes and/or to grant the
defenses; same or substantially the same relief. It exists when
3. The reliefs prayed for; and the elements of litis pendentia are present or where
4. The date of the pleading. (Rule 7) a final judgment in one case will amount to res
judicata in another. (Heirs of Sotto vs. Palicte, G.R.
No. 159691, 2014)
signature?
A: His signature constitutes a certification by him Q: What is the nature of a certification of non-
that (a) he has read the pleading, (b) that to the best forum shopping?
of his knowledge and belief, there is good ground to A: It is a mandatory requirement and must be
support it, and (c) that it is not interposed for delay attached to the initiatory pleading. Failure to do so
(Rule 7, Sec. 3). constitutes a cause for dismissal without prejudice
(Rule 7, Sec. 5).
What is the effect of an unsigned pleading? It has
NO LEGAL EFFECT. The court is authorized, Q: How is the certification against forum
however, to allow the pleader to correct the shopping executed?
deficiency if the pleader shows, to the satisfaction of A: It is executed by the PLAINTIFF or the
the court, that the failure to sign the pleading was PRINCIPAL PARTY under oath and must be
due to the mere inadvertence and not to delay the signed by the party himself/herself and not merely
proceedings (Rule 7, Sec. 3). by his attorney (Rule 7, Sec. 5).

Q: What are the undertakings of a party under Q: How do you allege malice, intent, knowledge
the certification against forum shopping? or other conditions of the mind of a person?
1. That the party has not commenced any action A: Malice, intent, knowledge or other conditions of
or filed any claim involving the same issues in the mind of a person may be averred
any court, tribunal, or quasi-judicial agency and, GENERALLY. (Rule 8, Sec. 5)
to the best of his/her knowledge, no such other
action or claim is pending therein; Q: How do you allege an official document or
2. That if there is such other pending action or act?
claim, a complete statement of the present A: It is sufficient to aver that the document or act
status thereof; and was issued or done in compliance with law (Rule 8,
3. That if he/she should thereafter learn that the Sec. 9).
same or similar action or claim has been filed or
is pending, he/she shall report that fact within Q: How do you plead an actionable document?
5 days therefrom to the court wherein his/her A: (SUB-OR-COP)
complaint or initiatory pleading was been filed 1. The substance of such document shall be set
(Rule 7, Sec. 5). forth in the pleading; and the original or a copy
shall be attached as an exhibit; or
2. Said copy may with like effect be set forth in the
pleading (Rule 8, Sec. 7).
certification without need of a board resolution?
A: Yes. X can be considered as having knowledge Q: What is the effect if the defendant fails to
of all matters in the office and is in a position to verify deny under oath?
1. The genuineness and due execution of an
(Fuji Television Network, actionable document is deemed admitted
Inc. v. Arlene S. Espiritu, G.R. No. 204944-45, (Implied Admission) (Casent Realty
December 3, 2014). Development Corp v. Philbanking Corporation,
G.R. No. 150731, 2007).
3. Allegations in a Pleading 2. The document need not be formally offered in
evidence (Central Surety v. Hodges, G.R. No. L-
Q: What are the contents of a pleading? 28633, 1971).
A: A pleading should only contain ULTIMATE
Q: What is specific denial?
action or defense. It must be stated in a logical form A: A specific denial is made by specifying each
and in a plain and concise manner (Sec. 1, Rule 8). material allegation of fact, the truth of which the
defendant does not admit and, whenever
Q: What are ultimate facts? practicable, setting forth the substance of the
A: The ULTIMATE FACTS are the important and matters upon which he relies to support his denial
substantial facts which form the basis of the primary (UA vs. Wallem Philippines Shipping, Inc G.R. No.
right of the plaintiff and which make up the wrongful 171337, 2012).
act or omission of the defendant. If the ultimate facts
are not alleged, the cause of action would be Q: What is the effect of failure to make a specific
insufficient (Riano, Civil Procedure: A Restatement denial?
for the Bar, 2d ed., 2009). A: General Rule: Allegations NOT specifically
denied are deemed admitted (Rule 8, Sec. 11).
Q: How do you allege fraud or mistake?
A: Fraud or mistake, the circumstances Exceptions: (UC-COA)
constituting such fraud or mistake must be stated 1. Allegations as to the amount of unliquidated
with PARTICULARITY. damages (Rule 8, Sec. 11);
2. Conclusion of law; and
3. Allegations immaterial as to the cause of action.

Q: When does a specific denial require an oath? b. Meritorious defense (i.e. affidavit of merit) (Rule
A: (ADU) 9, Section 3 (b) of the Rules of Court)
1. Denial of an actionable document (Rule 8,
Section) 2. Remedy after judgment and before it become
2. Denial of allegations of usury in a complaint to final and executory File a motion for new trial
recover usurious interest (Rule 8, Sec. 11) under Rule 37 and/or appeal from the judgment as
being contrary to law or evidence (Lina v. CA, G.R.
Q: What is a negative pregnant? No. L-63397, 1985).
A: Where a fact is alleged with some qualifying or
modifying language, and the denial is conjunctive, a 3. Remedy after judgment becomes final and
executory File a petition for relief from judgment
or modification is denied, while the fact itself is under Rule 38.
admitted (Galofa v. Nee Bon Sing, G.R. No. L-
22018, 1968). 4. Grave abuse of discretion amounting to lack
or excess of jurisdiction and no plain, speedy,
4. Effect of Failure to Plead and adequate remedy available for those
improperly declared in default Petition for
Q: What is the general rule on the effect of failure Certiorari under Rule 65
to plead defenses or objections?
A: Defenses and objections not pleaded either in a Q: What is the effect of order of default?
motion to dismiss or in the answer are deemed A: The party in default loses his standing in court,
waived (Rule 9, Sec. 1). but he is entitled to notices of subsequent
proceedings (Rule 9, Sec. 3 (a)).
Q: What are the exceptions?
A: However, there is no such waiver, and the Court The party may still participate as a witness (Riano,
shall DISMISS the claim if it appears from the Civil Procedure (The Bar Lecture Series) Volume I,
pleadings or the evidence on record that there is: 2014).
(LLRP)
1. Lack of jurisdiction over the subject matter Q: What is the relief from an order of default?
2. Litis pendentia A: A judgment rendered against a party in default
3. Res judicata shall: (EDU)
4. Prescription (Rule 9, Sec. 1) 1. not exceed the amount or
2. be different in kind from that prayed for
Q: What is the effect of the failure to plead a 3. nor award unliquidated damages (Rule 9, Sec. 3
compulsory counterclaim and cross-claim? (d)).
A: General Rule: A compulsory counterclaim, or a
cross-claim, not set up shall be barred (Rule 9, Sec. Q: What is the effect of partial default?
2). A: When a pleading asserting a claim states a
common cause of action against several defending
Exception: Permissive counterclaim shall not be parties, some of whom answer and the others fail to
barred (International Container Terminal Services, do so, the court shall try the case against all upon
Inc. v. CA, G.R. No. 90530, 1992). the answers thus filed and render judgment upon
the evidence presented (Rule 9, Sec. 3 (c)).
5. Default
Q: When is there no defaults allowed? (JAL)
Q: What are the remedies against an order of 1. Judicial Declaration of Nullity of Marriage
default? 2. Annulment of marriages
1. Remedy after notice of order and before 3. Legal Separation (Rule 9, Sec. 3 (e)).
judgment File a motion under oath to set aside
the order of default and properly show that: AMENDMENT
a. The failure to answer was due to fraud, accident, Q: How is an amendment made?
mistake, or excusable negligence (FAME); and A: Pleadings MAY be Amended By: (AS2C2)

1. Adding or striking out an allegation of a party; before the filing of any responsive pleading,
2. Adding or striking out the name of a party; regardless of whether a new cause of action or
3. Correcting a mistake in the name of a party; and change in theory is introduced. It is settled that a
4. Correcting a mistake or inadequate allegation or motion to dismiss is not the responsive pleading
description in any other respect. (Sec. 1, Rule contemplated by the Rule (Bautista v. Maya-Maya,
10) G.R. No. 148361, 2005).
Q: When is amendment a matter of right? Q: What is a responsive pleading?

A: A party may amend his pleading ONCE as a A: Responsive pleadings are those which seek
matter of right. Subsequent amendments must be affirmative relief and/or set up defenses, like an
WITH LEAVE of court. answer. A motion to dismiss is not a responsive
pleading for purposes of Section 2 of Rule 10
It may be exercised at ANY time BEFORE a (Marcos-Araneta v. CA, G.R. No. 154096, 2008).
responsive pleading is SERVED. In the case of a
reply it may be amended at any time within ten (10) Q: Before any responsive pleading was filed, the
days after it is SERVED (Rule 10, Sec. 2). court refused an amendment prayed for by the
Pleader has a right to amend his complaint before a action?

responsive pleading is served even if it is to correct A: It is erroneous for a court to refuse an
a jurisdictional defect. amendment exercised as a matter of right and this
error may be corrected by mandamus (Ong Peng
NOTE: Section 2 Rule 10 refers to an amendment v. Custodio, G.R. No. L-14911, 1961).
made before the trial court and NOT to
amendments before the Court of Appeals. The Q: When is leave of court required in
Court of Appeals is vested with jurisdiction to admit amendment?
or deny amended petitions filed before it (Navarro v. 1. If the amendment is substantial; and
Vda De Taroma, G.R. No. 160214, 2005). 2. A responsive pleading had already been served
(Rule 10, Secs. 2-3).
Q: Enumerate when each type of pleading may
be amended. Q: When can the court refuse to allow
1. A COMPLAINT may be amended before an amendments by leave of court?
answer is served (regardless of whether a new A: Amendment by Leave of Court may NOT be
cause of action or change in theory is introduced Allowed When:
thus, MAY be substantial);
2. An ANSWER may be amended before a reply is 1. Cause of action, defense or theory of the case is
served upon the defendant; changed;
3. A REPLY may be amended any time within ten 2. Amendment is intended to confer jurisdiction to
(10) days after it is served; and the court;
4. A defect in the designation of the parties and 3. Amendment to cure a premature or non-existing
other clearly clerical or typographical errors may cause of action; and
be summarily corrected by the court at any stage 4. Amendment for purposes of delay.
of the action, at its initiative or on motion,
provided no prejudice is caused thereby to the After a responsive pleading has been served, a
adverse party (Rule 10, Sec. 4). complaint cannot be amended to confer jurisdiction
on the court in which it is filed, if the cause of action
Q: A motion to dismiss the complaint was originally set forth was not within the court's
granted by the court. May the plaintiff still jurisdiction (Campos Rueda Corporation v. Bautista,
amend the complaint? G.R. No. L-18453, 1962).
A: Yes. Even if the motion to dismiss is granted by
the court, the plaintiff may still amend the complaint Q: What is a formal amendment?
as a matter of right before such dismissal becomes A: A defect in the designation of the parties and
final. This is because a party has the absolute right other clearly CLERICAL or TYPOGRAPHICAL
(i.e. without leave of court) to amend his pleading errors may be summarily corrected by the court at

ANY stage of the action, at its initiative or on motion, Admissions made in the original pleadings are
provided so prejudice is caused thereby to the considered as EXTRAJUDICIAL admissions.
adverse party (Rule 10, Sec. 4). However, admissions in superseded pleadings may
be received in evidence against the pleader as long
Q: When is amendment needed to conform to or as they are formally offered in evidence (Rule 10,
authorize presentation of evidence applicable? Sec. 8).
A: When Issues Not Raised by the Pleadings Are
Tried with the Express or Implied Consent of the Q: What is the procedure?
Parties A: When any pleading is amended, a new copy of
1. They shall be treated in all respects as if they had the entire pleading, incorporating the amendments,
been raised in the pleadings. which shall be indicated by the appropriate marks,
2. Such amendment of the pleadings as may be shall be filed (Rule 10, Sec. 7).
necessary to cause them to conform to the
evidence may be made upon motion of any party F. FILING AND SERVICE OF
at any time, even after judgment. PLEADINGS, JUDGMENTS, FINAL
3. BUT failure to amend does NOT affect the result ORDERS AND RESOLUTIONS
of the trial of these issues.
Q: What is filing?
If Evidence is Objected to at the Trial on the Ground A: The act of presenting the pleading or other
That it is Not Within the Issues Made by the papers to the CLERK OF COURT (Rule 13, Sec. 2).
Pleadings For the purpose of filing, the original must be
1. The court may allow the pleadings to be presented personally to the clerk of court or by
amended. sending the same by registered mail (Rule 13, Sec.
2. It shall do so with liberality if the presentation of 3).
the merits of the action and the ends of
substantial justice will be sub served thereby. Q: What is service?
3. The court may grant a continuance to enable the A: The act of providing a party with a COPY of the
amendment to be made (Rule 10, Sec. 5). pleading or paper concerned (Riano, p. 402).
This also covers situations where a complaint NOTE: Whenever practicable, the service and filing
insufficiently states the cause of action. Such of pleadings and other papers shall be done
insufficiency may be cured by evidence presented personally. Except with respect to papers
during the trial without objection. However, this is emanating from the court, a resort to other modes
applicable only if a cause of action in fact exists at must be accompanied by a written explanation
the time the complaint is filed, but the complaint is why the service or filing was not done personally. A
defective for failure to allege the essential facts violation of this Rule may be the cause to consider
(Swagman Hotels and Travel Inc., v. CA, G.R. No. the paper as not filed (Rule 12, Sec. 11).
161135, 2005).
Q: What papers are required to be filed with the
Q: What is the effect of an amended pleading? Court and served upon the parties affected?
A: An amended pleading supersedes the pleading A: (J-PRO2-WANDS)
that it amends. 1. Judgments;
2. Pleadings subsequent to the complaint;
Under the Rules, pleadings superseded or amended 3. Resolutions;
disappear from the record, lose their status as 4. Orders;
pleadings and cease to be judicial admissions. 5. Offers of judgment;
While they may nonetheless be utilized against the 6. Written motion;
pleader as extrajudicial admissions, they must, in 7. Appearances;
order to have such effect, be formally offered in 8. Notices;
evidence. If not offered in evidence, the admission 9. Demands;
contained therein will not be considered (Ching v. 10. Similar papers (Rule 13, Sec. 4).
CA, G.R. No. 110844, 2000).

Q: What are the papers required to be filed? denying the Republic's Motion for Partial
A: (PAM-NO-JA) Reconsideration for having been filed out of time.
1. Pleadings (Republic v Sps. Senando G.R. No. 205428, June
2. Appearances 7, 2017)
3. Motions
4. Notices Q: What are the rules on the payment of docket
5. Orders fees?
6. Judgments A: A court acquires jurisdiction over the case only
7. All other papers (Rule 13, Sec. 3) upon payment of docket fees. (Manchester
Development Corporation vs. CA, GR no. 75919,
Q: What are the papers required to be served to 1987)
the adverse party?
A: (POM-NO-JO) In Manchester, this Court stated that the allegation
2. Pleadings in the body of the complaint of damages suffered in
3. Orders the amount of P78,000,000.00, and the omission of
4. Motions a specific prayer for that amount, was intended for
5. Notices no other purpose than to evade the payment of
6. Judgments correct filing fees if not to mislead the docket clerk
7. Other papers (Rule 13, Sec. 5) in the assessment of the correct fee. The ruling was
intended to put a stop to such an irregularity.
Q: An RTC decision rendered in favor of the (Yuchengco v. Republic, G.R. No. 131127, 2000)
Republic to expropriate the property of X the
RTC rendered judgment in favor of the Republic Where [a party] demonstrated his willingness to
condemning the subject property for the abide by the rules by paying the additional docket
purpose of implementing the construction of the fees as required, a more liberal interpretation of the
C-5 Northern Link Road Project Phase 2. The rules is called for. (Sun Insurance Office Ltd. v.
RTC likewise directed the Republic to pay Asuncion, 1989)
respondents consequential damages equivalent
to the value of the capital gains tax and other But the Court clarified that the ruling in Sun
taxes necessary for the transfer of the subject Insurance regarding awards of claims not specified
property in the Republic's name. The Republic in the pleading refers only to damages arising after
moved for partial reconsideration, specifically the filing of the complaint or similar pleading as to
on the issue relating to the payment of the which the additional filing fee therefor shall
capital gains tax, but the RTC denied the motion constitute a lien on the judgment. (Proton Pilipinas
in its Order dated January 10, 2013 for having Corp. v. Banque Nationale de Paris, G.R. No.
been belatedly filed. Is the RTC correct to deny 151242, 2005)
such motion?
A: No. Section 3, Rule 13 of the Rules of Court Q: What is the effect of non-payment of docket
provides that if a pleading is filed by registered mail, fees as required?
the date of mailing shall be considered as the date A: The Court will fail to acquire jurisdiction over the
of filing. It does not matter when the court actually case. (Manchester Development Corporation vs.
receives the mailed pleading. In this case, the CA, GR no. 75919, 1987)
records show that the Republic filed its Motion for
Partial Reconsideration before the RTC via G. SUMMONS
registered mail on September 28, 2012. Although
the trial court received the Republic's motion only on Q: Nature and purpose of summons in relation
October 5, 2012, it should have considered the to actions in personam, in rem, and quasi in rem
pleading to have been filed on September 28, 2012, A: In actions in personam, the judgment is for or
the date of its mailing, which is clearly within the against a person directly. Jurisdiction over the
reglementary period of 15 days to file said motion, parties is required in actions in personam because
counted from September 13, 2012, or the date of the they seek to impose personal responsibility or
Republic's receipt of the assailed Decision. Given liability upon a person. [On the other hand,] Courts
these circumstances, we hold that the RTC erred in need not acquire jurisdiction over parties on this

basis in in rem and quasi in rem actions. Actions in A: (PLEA)

rem or quasi in rem are not directed against the 1. Actions that affect the personal status of the
person based on his or her personal liability. (De plaintiff;
Pedro v. Romasan Development Corp., G.R. No. 2. Actions which relate to, or the subject matter of
194751, 2014) which is property within the Philippines, in which
defendant claims a lien or interest, actual or
Q: What is substituted service? contingent;
A: Substituted service can only be made if personal 3. Actions in which the relief demanded consists,
service CANNOT be made within a reasonable time wholly or in part in excluding the defendant
for justifiable causes. (Rule 13, Sec. 8) from an interest in the property located in the
Philippines; and
Q: What are the circumstances for substituted 4. attached
service to be justified? in the Philippines. (Perkin Elmore vs. Dakila
A: For Substituted Service of Summons to be valid, Trading, G.R. No. 172242, 2007)
the following MUST be demonstrated: (IE-SAD-CP)
1. That personal service of summons within a Q: Petitioners had actually received the
reasonable time was impossible; summonses served through their substitutes,
2. That efforts were exerted to locate the party; and as borne out by their filing of several pleadings
3. That the summons was served upon a person of in the RTC, including their answer with
sufficient age and discretion residing at the compulsory counterclaim ad cautelam and a
party's residence or upon a competent person pre-trial brief ad cautelam. They also availed of
in charge of the party's office or regular place of the modes of discovery. Can they insist on
business. (Macasaet vs. Francisco, G.R. No. personal service?
156759, 2013) A: No, their insistence was demonstrably
superfluous. Such acts evinced their voluntary
It is likewise required that the pertinent facts proving appearance in the action (Macasaet vs. Co, G.R.
these circumstances be stated in the proof of No. 156759, 2013).
service or in the officer's return (Sagana v.
Francisco, G.R. No.161952, 2009). Q: When is summons by publication available in
an action in personam?
Q: How is personal service done? A: (DU-WU-RT)
A: How Served (HT) 1. Identity of the defendant is unknown
1. By handing a copy thereof to the defendant in 2. His whereabouts are unknown and cannot be
person ascertained by diligent inquiry;
2. If he/she refuses to receive and sign for it, 3. He is a resident of the Philippines but is
summons will be tendered by server to temporarily out of the country
defendant. (Section 6, Rule 13)
If he does not reside and is not found in the
Q: What are the requirements for extra-territorial Philippines but the suit can be properly maintained
service? against him in the Philippines, it being in rem or
A: Involves a NON-RESIDENT defendant who quasi in rem.
CANNOT be found in the Philippines and the action
against him is IN REM or QUASI IN REM. (Rule 14, Service of summons shall be effected by publication
Sec. 17). in a newspaper of general circulation and in such
places and for such time as the court may order.
Exception: When service may be effected OUT of (Santos vs. PNOC, G.R. No. 170943, 2008)
the Philippines (as provided in extra-territorial
service) for ANY ACTION involving residents who In ANY suit against a resident of the Philippines
are TEMPORARILY out of the Philippines. (Rule 14, temporarily absent from the country, the defendant
Sec. 18). may be served by SUBSTITUTED service because
he still leaves a definite place of residence where
Q: Instances When Extra-territorial Service May he/she is bound to return. (Rule 14, Sec.16)
be availed of

In addition, EXTRA-TERRITORIAL service [by designation, signature, and other matters of form.
personal service effected out of the Philippines OR (Rule 15, Sec. 1)
by publication in a newspaper of general circulation
in such places and for such time as the court may Q: What is a motion ex parte?
order] MAY be resorted to WITH LEAVE OF A: One that does not require a party to be heard and
COURT. (Riano, Civil Procedure: A Restatement for which the court may act upon without prejudice the
the Bar, 2d ed., 2009, p. 400). rights of the other party.
Summons by publication against a NON- This kind of motion is not covered by the hearing
RESIDENT in an action IN PERSONAM is NOT a requirement under Section 2, Rule 15 of the Rules
proper mode of service. of Court. (Bautista vs. Judge Causapin, A.M. No.
RTJ -07-2044, 2011)
Q: The Sandiganbayan issued summons on an Examples:
amended complaint. The summons as to X was 1. Setting for pre-trial (Rule 18, Sec. 1)
returned unserved. The Republic then filed an 2. Motion for extension of time (Bautista vs. Judge
ex parte motion for leave to serve summons by Causapin, A.M. No. RTJ -07-2044, 2011)
publication. Alias summons were issued twice
but both were returned unserved. The Republic Q: What is a litigated motion?
then filed a motion to declare defendant X in A: One which requires the parties to be heard before
default for failure to answer despite summons ruling on the motion can be made by the court
by publication, which was eventually granted. X (Riano, p. 368).
then filed a motion to lift order of default.
Throughout the proceeding, X also filed a Examples
motion to expunge exhibits, and a motion for 1. Motion to Dismiss (Rule 16)
leave to take deposition. Is the validity of the 2. Motion for Judgment on Pleadings (Rule 34)
service of summons deemed mooted? 3. Summary Judgment (Rule 35)
A: Yes. In this case, X filed several motions, which
sought various affirmative reliefs. By doing such, X Q: What is a special motion?
was deemed to be submitting himself to the A: A motion addressed to the discretion of the court
jurisdiction of the Sandiganbayan. Service of
summons is not the only way to acquire jurisdiction
over the person of the defendant. Another is through Q: What is omnibus motion?
voluntary appearance (Disini v. Sandiganbayan, A: The OMNIBUS MOTION RULE is a procedural
G.R. No. 175730, May 7, 2010). principle which requires that every motion attacking
a pleading, order, judgment or proceeding shall
Q: What are the requisites of proof of service? include all objections then available, and all
A: The following are the requisites and contents of objections not so included shall be deemed waived
a valid proof of service (W-MPD-SN-S) (Rule 15, Sec. 8).
1. Made in writing by the server;
2. Shall set forth the manner, place, and date of Q: What is a motion for bill of particulars?
service A: It is a motion which seeks to clarify matters in the
3. Shall specify any papers which have been served complaint which are vague, ambiguous, or not
with the process and the name of the person who averred with sufficient definiteness.
received the same; and
4. Shall be sworn to when made by a person other It applies to ANY PLEADING which in the perception
than a sheriff or his deputy (Rule 14, Sec. 18). of the movant contains ambiguous allegations.
(Rule 1, Sec. 12, Virata vs. Sandiganbayan, G.R.
H. MOTIONS No. 106527, 1993)
Q: What is a motion?
A: An application for relief other than by a pleading.
The rules that apply to pleadings shall also apply to
written motions so far as concerns caption,

I. DISMISSAL OF ACTIONS unless otherwise ordered by the court. If the

defendant fails to appear, it shall be cause to
Q: When will the case be dismissed motu propio allow the plaintiff to present his evidence ex parte
or on motion due to the fault of the plaintiff? and the court to render the judgment on the basis
(Rule 17, Sec. 3) thereof. (Rule 18, Sec. 5)
A: When, if for no justifiable cause, plaintiff FAILS
to: K. INTERVENTION
1. Appear on the date of presentation of his
evidence in chief; Q: What are the requisites for intervention?
2. Prosecute his action for an unreasonable length 1. Motion for intervention filed BEFORE rendition of
of time; judgment. (Rule 19, Sec. 2)
3. Comply with the Rules of Court; 2. Movant must show in his/her motion that he/she
4. Comply with any order of the Court; or a. has legal interest in the matter in litigation, in
5. Appear at pre-trial the success of either of the parties in the
action, or against both parties; or
Q: What is the effect of dismissal upon motion b. is situated as to be adversely affected by a
of the plaintiff on existing counterclaims? distribution or other disposition of property in
A: The dismissal of the complaint does not the custody of the court. (Rule 19, Sec. 1)
necessarily carry with it the dismissal of the 3. Intervention must not unduly delay or prejudice
counterclaim, compulsory or otherwise. The the adjudication of rights of the original parties.
dismissal of the complaint is without prejudice to the
right of the defendants to prosecute the separate proceeding. (Mactan Cebu vs. Heirs of
counterclaim. (Pinga v. Santiago, G.R. No. 170354, Mioza, G.R. No. 186045, 2011)
2006).
L. CALENDAR OF CASES
J. PRE-TRIAL
Q: What is the purpose of the calendar of cases?
Q: What are the purposes of pre-trial? A: The clerk of court, under direct supervision of the
A: To allow the court to consider: judge, shall keep a calendar of cases for pre-trial,
1. The possibility of an amicable settlement or of a for trial, those whose trials were adjourned or
submission to alternative modes of dispute postponed, and those with motions to set for
resolution; hearing. Preference shall be given to habeas corpus
2. The simplification of the issues; cases, election cases, special civil actions, and
3. The necessity or desirability of amendments to those required by law. (Rule 20, Sec. 1)
the pleadings;
4. The possibility of obtaining stipulations or Q: How are cases assigned?
admissions of facts and of documents to avoid A: Assignment of cases to different branches of a
unnecessary proof; court shall be exclusively done by raffle. The
5. The limitation of the number of witnesses; assignment shall be done in open session of which
6. The advisability of a preliminary reference of adequate notice shall be given so as to afford
issues to a commissioner; interested parties to be present. (Rule 20, Sec. 2)
7. The propriety of rendering judgment on the
pleadings, or summary judgment, or dismissing M. SUBPOENA
the action should a valid ground exist;
8. The advisability or necessity of suspending the Q: What is subpoena ad testificandum?
proceedings; and A: Process directed to a person requiring him to
9. Such other matters as may aid in the prompt attend and to testify at the hearing or for the taking
disposition of the action (Rule 18, Sec. 2). of his deposition (Rule 21. Sec. 1).
Q: What are the effects of non-appearance in

Pre-trial?
A: If the plaintiff fails to appear, this shall be cause
for dismissal of the action which is with prejudice

Q: When can subpoena duces tecum and ad 2. Deposition of a person confined in prison (Rule
testificandum be quashed? 24, Sec. 1).
A: Subpoena duces tecum may be quashed upon
motion promptly made at or before the time Q: What are the uses of deposition (under Sec.
specified therein: 4, Rule 23)?
1. If it is unreasonable and oppressive A: (CIAW-D-100-ASI2-S-E)
2. The relevancy of the books, documents, or 1. For the purpose of contradicting or
things does not appear impeaching the testimony of the deponent as
3. If the person in whose behalf the subpoena is witness by any party;
issued fails to advance the reasonable cost of 2. If the deponent is a party or anyone who was at
the production thereof the time of the deposition was an officer, director,
4. or managing agent of a public or private
allowed by the Rules were not tendered when corporation, partnership or association which is
the subpoena was served (Rule 21, Sec. 4) a party, his/her deposition can be used by an
adverse party for any purpose.
Q: When may subpoena ad testificandum be 3. If the deponent is a witness, whether or not a
quashed? party to the case, his/her deposition may be used
1. It is shown that the witness is not bound thereby by any party for any purpose if the court finds
2. The witness fees and kilometrage allowed by the that:
Rules were not tendered when the subpoena a. The witness is dead; or
was served (Rule 21, Sec. 4). b. The witness resides at a distance more than
one hundred (100) kilometers from the place
N. COMPUTATION OF TIME of trial or hearing, or is out of the Philippines
(UNLESS it appears that his/her absence
Q: What is the correct rule on the computation was procured by the party offering the
of time according to A.M. 00-2-14-SC? deposition); or
c. The witness is unable to attend or testify
A: When the due date falls on a Saturday, Sunday, because of age, sickness, infirmity or
or legal holiday, in which case, the filing of the said imprisonment; or
pleading on the next working days is deemed on d. The party offering the deposition has been
time. Any extension of time to file the required unable to procure the attendance of the
pleading should be counted from the expiration of witness by subpoena; or
the period regardless of the fact that said due date e. Upon application and notice, that such
is a Saturday, Sunday, or legal holiday (Reinier exceptional circumstances exist as to
Pacific International vs. Guevarra, G.R. No. 157020, make it desirable, in the interest of justice to
2013). allow the deposition to be used (Rule 23,
Sec. 4).
O. MODES OF DISCOVERY
Q: What is production or inspection of
Q: What is a deposition? documents or things?
A: Taking of the testimony of any person, whether A: Upon motion of any party showing good cause
he/she be a party or not, but at the instance of a therefor, the court in which an action is pending
party to the action. This testimony is taken out of may:
court and it may either be an oral examination or a 1. Order any party to produce and permit the
written interrogatory (Rule 23, Sec. 1). inspection and copying or photographing, by or
on behalf of the moving party, of any designated
Q: When is leave of court necessary in taking documents, papers, books, accounts, letters,
depositions pending appeal? photographs, objects or tangible things, not
1. After jurisdiction has been obtained over any privileged, which constitute or contain
defendant or over the property which is the evidence material to any matter involved in
subject of the action but BEFORE an answer has the action and which are in his possession,
been filed custody or control, or

2. Order any party to permit entry upon Q: When can a physical and mental examination
designated land or other property in his of a person be ordered?
possession or control for the purpose of A: When the mental or physical condition of a party
inspecting, measuring, surveying, or is in controversy, the court, UPON MOTION FOR
photographing the property or any GOOD CAUSE SHOWN, may order the party to
designated relevant object or operation submit to a physical or mental examination by a
thereon. physician.
The order shall specify the time, place and manner The party examined MAY request the party causing
of making the inspection and taking copies and the examination to be made to deliver to him a copy
photographs, and may prescribe such terms and of a detailed report of the examining physician (Rule
conditions as are just (Rule 27, Sec. 1). 28, Sec. 1-3).
Q: What are the limitations on production or Q: What are the consequences of refusal to
inspection of documents or things? answer any question upon oral examination?
A: (NPR) May be any matter not privileged and 1. The proponent may apply for a court order to
which is relevant to the subject of the pending compel an answer:
action, including: (CD-BD-IL) a. If the motion is GRANTED the court shall
1. Claim or defense of any other party; require the refusing party to answer. If the
2. Existence, description, nature, custody, refusal to answer was without
condition and location of any books, SUBSTANTIAL JUSTIFICATION, it may
documents, or other tangible things; and require the refusing party or deponent or the
3. Identity and location of persons having counsel advising the refusal, or both of them,
knowledge of relevant facts. to pay the proponent the amount of the
reasonable expenses incurred in obtaining
In civil cases, a person may not use the right against the order, including attorney's fees.
self-incrimination as an objection to make a b. If the motion is DENIED and the court finds
deposition. Only when an incriminating question is that it was filed WITHOUT SUBSTANTIAL
asked can a person invoke the right. (Rosete v. Lim, JUSTIFICATION, the court may require the
G.R. No. 136051, 2006). proponent or the counsel advising the filing of
the application, or both of them, to pay to the
Q: What are written interrogatories to adverse refusing party or deponent the amount of the
parties? reasonable expenses incurred in opposing
A: Its purpose is to elicit material and relevant facts the application, including attorney's fees
from any adverse party, which may amount to 2. If despite the court order, the party or deponent
admission. still refuses to answer, the refusal may be
considered contempt of that court or the court
Unless thereafter allowed by the court for good may make such order as are just under Section
cause shown and to prevent a failure of justice, a 3, Rule 29 of the Rules of Court (Rule 29, Sec.
party not served with written interrogatories may not 1).
be compelled by the adverse party to give testimony
in open court, or to give a deposition pending Q: What are the consequences of refusal to
appeal. produce document or thing for inspection,
copying or to submit to physical or mental
Since the calling party is deemed bound by the examination?
A: The court may make such orders in regard to the
avail of written interrogatories, compelling the refusal as are just, and among others, also issue the
adverse party to take the witness stand may result following:
in the calling party damaging its own case (Sps. 1. An order that the matters regarding which the
Afulugencia v. Metrobank, G.R. No. 185145, 2014). questions were asked shall be TAKEN TO BE
ESTABLISHED for the purposes of the action in
accordance with the claim of the party obtaining
the order.

2. An order subject property without their consent and

a. Prohibiting the disobedient party to support or authority and that respondent's use of the land
oppose claims or defenses, or was without any contractual or legal basis.
b. Prohibiting such disobedient party from What is the effect if this admission/allegation?
introducing in evidence designated Was there an unlawful detainer in this case?
documents or things or items of testimony. A: No. A judicial admission is one so made in
3. An order pleadings filed or in the progress of a trial as to
a. Striking out pleadings or parts thereof, or dispense with the introduction of evidence otherwise
b. Staying further proceedings until the order is necessary to dispense with some rules of practice
obeyed, necessary to be observed and complied with. The
c. Dismissing the action or proceeding or any facts alleged in the complaint are deemed
part thereof, or admissions of the plaintiff and binding upon him. In
d. Rendering a judgment by default against the this case, X judicially admitted that Foundation Y
disobedient party. took control and possession of subject property
4. In addition to any of the above orders, an order without their consent and authority and that
directing the arrest of any party or agent of a respondent's use of the land was without any
party for disobeying any of such orders (Rule 29, contractual or legal basis. Nature of the action is
Sec. 3). determined by the judicial admissions in the
Complaint. In this case, the allegations in the
Q: What are the consequences of refusal to Complaint establish a cause of action for forcible
request for admission by adverse party?
A: If a party after being served with a request under maintained that the Foundation Y took possession
Rule 26 to admit the genuineness of any document and control of the subject property without any
or the truth of any matter of fact serves a sworn contractual or legal basis. Assuming that these
denial thereof and if the party requesting the allegations are true, it hence follows that Foundation
admissions thereafter proves the genuineness of
such document or the truth of any such matter of
fact, he may apply to the court for an order requiring forcible entry. Thus, and as correctly found by the
the other party to pay him/her the reasonable CA, there can be no tolerance as X alleged
expenses incurred in making such proof, including Foundation Y possession was illegal at the
attorney's fees. inception. Since the deprivation of physical
possession was attended by strategy and force, the
Unless the court finds that there were good reasons proper remedy was to file a Complaint for Forcible
for the denial or that admissions sought were of no Entry and not the instant suit for unlawful detainer.
substantial importance, such order shall be issued (Spouses Manuel and Florentina Del Rosario v.
(Rule 29, Sec. 4). Gerry Roxas Foundation, Inc., G.R. No. 170575,
June 08, 2011)
Q: X is the registered owner of a lot located in
Roxas City. In 1991, Foundation Y took P. TRIAL
possession and occupancy of said lot by virtue
of a memorandum of agreement entered into by Q: What is the effect of parties agreeing to
and between it and the City of Roxas. The submit the case for judgment based on the facts
possession and occupancy of said land is in the agreed upon?
character of being lessee thereof. In February A: A trial need not be conducted because evidence
and March 2003, X served notices upon the would no longer be presented. But if the parties
Foundation Y to vacate the premises of said agree only to some facts in issue, trial will be held
land. Foundation Y did not heed such notices as to the disputed facts (Rule 30, Sec. 6).
because it still has the legal right to continue its
possession and occupancy of said land. In 2003, Q: What is the justification for consolidation?
X filed a Complaint for Unlawful Detainer against A: It is to prevent a judge from deciding identical
the Foundation Y before the MTCC of Roxas issues presented in the case assigned to him in a
City. In the complaint, X judicially admitted that manner that will prejudice another judge from
Foundation Y took control and possession of deciding a similar case before him. The rigid policy

is to [consolidate] all cases and proceedings resting vexation to the parties is the primary objective of
on the same set of facts, or involving identical claims consolidation of cases.
or interests or parties mandatory. [This] should be
made regardless of whether or not the parties or any But the permissiveness of consolidation does not
of them requests it. A mandatory policy eliminates carry over to the appellate stage where the primary
conflicting results concerning similar or like issues objective is less the avoidance of unnecessary
between the same parties or interests even as it expenses and undue vexation than it is the ideal
enhances the administration of justice (Re: Letter realization of the dual function of all appellate
Complaint Of Merlita B. Faviana, A.M. No. CA-13- adjudications.
51-J, 2013).
In the appellate stage, the rigid policy is to make
Q. CONSOLIDATION OR the consolidation of all cases and proceedings
SEVERANCE resting on the same set of facts or involving identical
claims or interests or parties mandatory. Such
Consolidation is Proper When: consolidation should be made regardless of
1. There are actions involving a common question whether or not the parties or any of them
of law or fact; and requests it. (In re: Fabiana, A.M. No. CA-12-51-J,
2. The actions are pending before the same court. 2013)
Court May Order Actions to be Consolidated By: Proceedings for the issuance of a writ of possession
1. A joint hearing or trial of any and all matters or being ex parte and non-litigious in nature, cannot be
issue in the action; or consolidated with proceedings seeking to nullify the
2. Consolidation of all actions; or extra-judicial foreclosure or the certificate of sale.
3. Such order concerning proceedings therein as (Espinoza v. UOB, G.R. No. 175380, 2010)
may tend to avoid unnecessary costs or delay.
Severance, When Proper
Civil cases MAY now be consolidated with criminal The court, in furtherance of convenience or to avoid
cases. (Rule 111, Section 2[a]) prejudice, may order a separate trial of any claim,
cross-claim, counterclaim, or third-party complaint,
Consolidation is a matter of discretion with the court. or of any separate issue or of any number of claims,
Consolidation becomes a matter of right only when cross-claims, counterclaims, third-party complaints
the cases sought to be consolidated involve similar or issues.
questions of fact and law, provided certain
requirements are met. An essential requisite of R. DEMURRER TO EVIDENCE
consolidation is that the court must have jurisdiction
over all the cases consolidated before it. In this Q: Compare demurrer to evidence in a civil case
case, since the Sandiganbayan does not have and in a criminal case.
jurisdiction over the collection case, the same
CIVIL CASE CRIMINAL CASE
cannot be consolidated with the criminal cases even
if these cases involve similar questions of fact Leave of court is not Filed with or without
and law. (Republic v. Court of Appeals, G.R. No. required before filing leave of court (Rule
116463, 2013) 119, Sec. 23)
Under the Rules of Court, the consolidation of cases If demurrer is granted, Not appealable (will
for trial is permissive and a matter of judicial the order of dismissal is violate the right against
discretion. This is because trials held in the first appealable (Rule 33 double jeopardy)
instance require the attendance of the parties, their Sec. 1)
respective counsel and their witnesses, a task that
surely entails an expense that can multiply if there If demurrer is denied, Accused may adduce
are several proceedings upon the same issues the defendant may his evidence only if the
involving the same parties. At the trial stage, the proceed to present demurrer is filed with
avoidance of unnecessary expenses and undue

evidence (Rule 33 Sec. leave of court (Rule

non-liquidation of the subject cash advance
1) 119, Sec. 23)
because it was later shown that private respondent
liquidated the same albeit belatedly. Contrary to the
findings of the Sandiganbayan, actual damage to
the government arising from the non-liquidation of
Court cannot motu Court may motu proprio
the cash advance is not an essential element of the
proprio make a do so
offense. The gravamen of the offense is the mere
demurrer
failure to timely liquidate the cash advance since the
law seeks to compel the accountable officer to
Q: What are the effects of granting the demurrer promptly render an account of the funds which he
to evidence? has received by reason of his office. (People v.
1. The case shall be dismissed (Rule 33, Sec. 1; Sandiganbayan and Manuel Barcenas, G.R.
Republic v. Tuvera, 516 SCRA 113, 2007). 174504, March 21, 2011).
2. The appellate court, reversing the order granting
the demurrer, should render judgment on the Q: When does a defendant lose his right to
basis of the evidence submitted by plaintiff. It is present evidence?
not correct to remand the case to the trial court A:
(Villanueva Transit v. Javellana, 33 SCRA 755, order is subsequently reversed on appeal, the
1930). movant loses his right to present evidence
3. The appellate court, reversing the order of denial (Consolidated Bank and Trust Corporation v. Del
by the lower court, should render judgement on Monte Motor Works, Inc., 465 SCRA 117, 2005).
the basis of the evidence submitted by the
plaintiff. A remand is not only frowned upon by Q: What is the ground for granting a demurrer to
the Rules, but is also logically unnecessary on evidence?
the basis of the facts on record (Radiowealth A: Upon the facts and the law, the plaintiff has
Finance Corporation v. Del Rosario, 335 SCRA shown no right to relief (Rule 33, Sec. 1).
288, 2000).
4. If reversed on appeal, the defendant loses his S. JUDGMENTS AND FINAL
right to present evidence (Consolidated Bank ORDERS
and Trust Corporation v. Del Monte Motor
Works, Inc., 465 SCRA 117, 2005). Q: What are the contents of a judgment?
1. Opinion of the court (findings of fact and
Q: X, Vice Mayor of T City, was charged with conclusions of law) Ratio Decidendi;
violation of Sec. 89 of PD 1445 before the 2. Disposition of the case (dispositive portion) -
Sandiganbayan for having obtained cash Fallo;
advances which he received by reason of his 3. Signature of the judge.
office. After the prosecution filed its formal offer
of evidence and rested their case, X filed his When there is a conflict between the dispositive
demurrer to evidence. The Sandiganbayan portion and the body of the decision, the FALLO
granted the demurrer to evidence because the control (Florentino v. Rivera, G.R. No. 167968,
testimony of the lone witness of the prosecution 2006).
that X had already liquidated the cash advances
A decision that does not clearly and distinctly state
lacking in the case. Did the Sandiganbayan act the facts and the law on which it is based leaves the
with grave abuse of discretion amounting to lack parties in the dark and is especially prejudicial to the
or excess of jurisdiction in giving due course to losing party who is unable to point the assigned
and eventually granting the demurrer to error in seeking a review by a higher tribunal
evidence? (Shimizu Philippines Contractors, Inc. v. Magsalin,
A: No, the Sandiganbayan did not act with G.R. No. 170026, 2012).
GADALEJ. In the case at bar, the Sandiganbayan
granted the demurrer to evidence on the ground that
the prosecution failed to prove that the government

Q: What is a memorandum decision? Q: When is a counterclaim for partition not

A: The judgment or final resolution of the appellate barred by prior judgment?
court may adopt by reference the findings of facts A: When there is no actual adjudication of
and conclusions of law contained in the decision of ownership of shares yet. Art. 494 of the Civil Code
the trial court (Solid Homes v. Laserna, G.R. No. is an exception to Sec. 3, Rule 17 in that even if the
166051, 2008). order of dismissal for failure to prosecute is silent on
whether or not it is with prejudice, it will be deemed
Q: What are the elements of res judicata? to be without prejudice. The rights granted to co-
A: (FMCI) owners under Art. 494 should prevail. But there can
1. Former judgment or order must be final still be res judicata once the respective shares of the
2. The judgment or order must be on the merits co-owners have been determined with finality or if
3. It must have been rendered by a court having the court determines that partition is improper (such
jurisdiction over the subject matter and the as when co-ownership does not or no longer exists)
parties (Quintos v. Nicolas, G.R. No. 210252, 2014).
4. There must be, between the first and second
action, identity of parties, of subject matter, and Q: When is judgment on the pleadings allowed?
causes of action (Sps. Mendiola v. CA, G.R No. A: Where an answer FAILS TO TENDER AN
159746, 2012) ISSUE, or otherwise ADMITS THE MATERIAL
ALLEGATIONS of the adverse party's pleading, the
Q: When is there a bar by prior judgment? court may, on motion of that party, direct judgment
A: When there is identity of (PSC) on such pleading. However, in actions for
1. Parties declaration of nullity or annulment of marriage or for
2. Subject matter legal separation, the material facts alleged in the
3. Causes of action (Spouses Ocampo v. Heirs of complaint shall always be proved. (Rule 34, Sec. 1).
Dionisio, G.R. No. 191101, 2014).
Q: X filed a judicial separation of property
Q: When is there identity of parties? against his wife, Y. X suggested a separation of
A: There is identity of parties not only when the conjugal property but Y refused and denied that
parties in the case are the same, but also between the property in question is her paraphernal
those in privity with them, such as between their property. X filed a request for admission of the
successors-in-interest (Quintos v. Nicolas, G.R. No. genuineness of the certified true copies of the
210252, 2014) complaint. Y failed to file her answer or
response for this request. X filed a motion for
Q: What is the test to determine identity of judgement on the pleadings. Is a Motion for
causes of action? judgment on the pleadings the proper remedy?
A: Whether the same evidence will sustain the A: No. Judgment on the pleadings is proper where
actions, or whether there is an identity in the facts an answer fails to tender an issue, or otherwise
essential to the maintenance of the actions (Sps. admits the material allegations of the adverse
Mendiola v. CA, G.R No. 159746, 2012). party's pleading. Summary judgment, on the other
hand, will be granted if the pleadings, supporting
Q: When is there conclusiveness of judgment? affidavits, depositions, and admissions on file, show
A: Where there is identity of parties in the first and that, except as to the amount of damages, there is
second cases but no identity of causes of action. NO GENUINE ISSUE as to any material fact and
that the moving party is entitled to a judgment as a
Res judicata only applies if there is identity of matter of law.
causes of action. Thus, if the first cause of action
involves the entitlement to the de facto possession Here, there exists an ostensible issue in the
of the property based on breach of contract it will not pleadings. Y merely failed to tender an issue when
bar a subsequent ejectment complaint raising a she was not able to answer. (Adolfo v. Adolfo, G.R.
different cause of action such as recovery of de No. 201427, March 18, 2015).
facto possession grounded on tolerance (De Leon
v. Dela Llana, G.R. No. 212277, 2014).

Q: What is summary judgment? When is it pursuant to this Rule are presented in bad faith, or
proper? What are the bases of summary solely for the purpose of delay, the court shall
judgment? forthwith order the offending party or counsel to pay
A: The two types of summary judgment are: to the other party the amount of the reasonable
expenses which the filing of the affidavits caused
Summary judgment for claimant. A party seeking him to incur including attorney's fees, it may, after
to recover upon a claim, counterclaim, or cross- hearing further adjudge the offending party or
claim or to obtain a declaratory relief may, at any counsel guilty of contempt (Rule 35, Sec. 6).
time after the pleading in answer thereto has been
served, move with supporting affidavits, depositions Q: What is the difference between judgment on
or admissions for a summary judgment in his favor the pleadings and summary judgments?
upon all or any part thereof (Rule 35, Sec. 1).
Judgment on the Summary Judgment
Pleadings
Summary judgment for defending party. A party
against whom a claim, counterclaim, or cross-claim
is asserted or a declaratory relief is sought may, at Where an answer fails A party seeking to
any time, move with supporting affidavits, to tender an issue, or recover upon a claim,
depositions or admissions for a summary judgment otherwise admits the counterclaim, or cross-
in his favor as to all or any part thereof (Rule 35, material allegations of claim or to obtain a
Sec. 2). the adverse party's declaratory relief may,
pleading, the court may; at any time after the
Q: What is the rule when the case is not fully on motion of that party, pleading in answer
adjudicated on motion? direct judgment on such thereto has been
A: If on motion under this Rule, judgment is not pleading. However, in served, move with
rendered upon the whole case or for all the reliefs actions for declaration supporting affidavits,
sought and a trial is necessary, the court at the of nullity or annulment depositions or
hearing of the motion, by examining the pleadings of marriage or for legal admissions for a
and the evidence before it and by interrogating separation, the material summary judgment in
counsel shall ascertain what material facts exist facts alleged in the his favor upon all or any
without substantial controversy and what are complaint shall always part thereof (Rule 35,
actually and in good faith controverted. It shall be proved (Rule 34, Sec. 1).
thereupon make an order specifying the facts that Sec. 1).
appear without substantial controversy, including OR
the extent to which the amount of damages or other
relief is not in controversy, and directing such further A party against whom a
proceedings in the action as are just. The facts so claim, counterclaim, or
specified shall be deemed established, and the trial cross-claim is asserted
shall be conducted on the controverted facts or a declaratory relief is
accordingly (Rule 35, Sec. 4). sought may, at any
time, move with
Q: What is the rule on affidavits and supporting affidavits,
attachments? depositions or
A: Supporting and opposing affidavits shall be made admissions for a
on personal knowledge, shall set forth such facts as summary judgment in
would be admissible in evidence, and shall show his favor as to all or any
affirmatively that the affiant is competent to testify to part thereof (Rule 35,
the matters stated therein. Certified true copies of all Sec. 2).
papers or parts thereof referred to in the affidavit Q: What is rendition of judgment?
shall be attached thereto or served therewith (Rule A: The filing of the signed decision with the clerk of
35, Sec. 5). court (Riano, 2014, p. 583).
NOTE: Affidavits in bad faith. Should it appear at

any time that any of the affidavits presented

NOTE: It is not the writing or signing of the judgment 2. Whenever circumstances transpire after the
which constitutes rendition of the judgment. (Castro finality of the decision that render its execution
v. Malazo, 99 SCRA 164, 1980). unjust and inequitable
3. Nunc pro tunc entries that cause no prejudice
Q: When is a case submitted for resolution? to any party
A: A case is deemed SUBMITTED FOR 4. Correction of clerical errors (University of the
RESOLUTION upon the filing of the last pleading, Philippines vs Dizon, G.R. No. 171182, 2012).
brief or memorandum required by the Rules of Court
or by the court (Riano, p. 609; Philippine Q: What is a supervening event?
Constitution, Art. VIII, Sec. 15). A: A supervening event is an exception to the
execution as a matter of right of a final and
Q: Can a judgment that has already been written immutable judgment rule, only if it directly affects the
and signed be subject to amendment? matter already litigated and settled, or substantially
A: Yes. Even if the judgment has already been put changes the rights or relations of the parties therein
in writing and signed, it is STILL subject to as to render the execution unjust, impossible or
amendment if it has not yet been filed with the Clerk inequitable. The supervening event cannot rest on
of Court (Riano, p. 529, Ago v. Court of Appeals, 6 unproved or uncertain facts (Abrigo v. Flores, G.R.
SCRA 530, 535). No. 160786, 2014).
Q: When is a judgment rendered? Q: What is the effect of a supervening event?

A: A judgment is considered RENDERED upon the A: The interested party may properly seek the stay
FILING of the signed decision with the Clerk of of execution or the quashal of the writ of execution,
Court. (Ago v. Court of Appeals, 6 SCRA 530, 535). or he may move the court to modify or alter the
This includes an amended decision because an judgment in order to harmonize it with justice and
amended decision is a distinct and separate the supervening event (Abrigo vs Flores, G.R. No.
judgment and must follow the established 160786, 2013).
procedural rule.
T. MOTION FOR NEW TRIAL OR
Q: What is promulgation? RECONSIDERATION
A: The process by which a decision is published,
officially announced, made known to the public or 1. Motion for new trial or reconsideration
delivered to the clerk of court for filing, coupled with
notice to the parties or their counsel (Baldado v. Q: What are the grounds for a motion for
Mejica, A.C. No. 9120, 2013). reconsideration?
A: (DED)
Q: Can the SC decide a case on the merits even 1. Damages awarded are excessive;
if main case was already closed and terminated 2. Evidence is insufficient to justify the decision or
for being moot and academic? final order; and
A: Yes. In a case, not to reverse the decision of the 3. Decision or final order is contrary to law (Rule
CA would prejudice X because it would allow Y to 37, Sec. 1).
claim possession despite the fact that the contract,
on which it based its right has long since expired Q: What are the grounds for a motion for new
(Pasig Printing vs Rockland Construction, G.R. No. trial? (FAME & NDE)
193592, 2014). A: A motion for new trial may be filed upon any of
the following grounds:
Q: What are exceptions to immutability of 1. Fraud, accident, mistake or excusable
judgment? negligence which ordinary prudence could not
A: The doctrine of immutability of judgment has not have guarded against and by reason of which
been absolute. Some of the exceptions are the such aggrieved party has probably been
following: (VUNC) impaired in his rights; or
1. Void judgments 2. Newly discovered evidence, which he could
not, with reasonable diligence, have discovered

and produced at the trial, and which if presented

Denial of a motion for Denial of a motion for
would probably alter the result (Rule 37, Sec. 1).
reconsideration of an reconsideration of a
interlocutory order final order
NOTE: A new trial can be granted only
1. On motion of the accused; or Not appealable via Appealable via ordinary
2. On motion of the court but with the consent of the ordinary appeal; appeal (Sps. Mendiola
accused (Rule 121, Sec. 1). certiorari is proper v. CA, G.R No. 159746,
remedy 2012).
Q: What are the requisites of newly discovered
evidence? Example: MR of an Example: MR of an
1. New evidence discovered after trial order denying bill of order of dismissal of a
2. It could not have been previously discovered and particulars complaint ((Sps.
produced at the trial even with reasonable Mendiola v. CA, G.R
diligence No. 159746, 2012).
3. It is new and material evidence
4. If introduced and admitted, it would probably Q: What is the Fresh Period Rule: Neypes Rule?
change judgment (Ybiernas vs. Tanco- A: A party shall have a FRESH PERIOD of 15 days
Gabaldon, G.R.178925, 2011). to file a notice of appeal to the RTC from receipt of
the order denying a motion for new trial or motion for
NOTE: Newly discovered evidence need not be reconsideration. This rule shall apply to Rules 40,
newly created evidence. It may and does commonly 41, 42, 43 and 45 (Neypes v. CA, G.R. No. 141524,
refer to evidence already in existence prior or during 2005) and in criminal cases under Section 6 of Rule
trial, but which could not have been secured and 122 of the Revised Rules of Criminal Procedure (Yu
presented during the trial despite reasonable vs. Tatad, G.R. No. 170979, 2011).
diligence on the part of the litigant (Tumang v CA,
G.R. Nos. 8234647, 1989). Note: The period is 30 days if record on appeal is
required.
Q: May an appeal be taken from the denial of a
motion for reconsideration? U. EXECUTION, SATISFACTION,
A: Yes, if the subject of the MR is a judgment or final AND EFFECT OF JUDGMENTS
order.
Q: How should a judgment be executed?
An order denying the motion for reconsideration of a A: Judgment should be executed on motion within
decision is the final resolution of the issues a trial five (5) years from entry; or by filing an independent
court earlier passed upon and decided. Thus, the action for revival of judgment after five years but
notice of appeal filed against the order of denial is before ten (10) years from entry. The Revived
deemed to refer to the decision subject of the MR judgment may be enforced by motion five (5) years
(Sps. Mendiola v. CA, G.R No. 159746, 2012). from date of its entry; or by action, after the lapse of
five (5) years, before it is barred by the statute of
The denial of a motion for reconsideration of an limitations (Rule 38, Sec. 6).
not an interlocutory order but a final order because Q: What must the judgment creditor accomplish
it puts an end to the particular matter involved. within the 5-year prescriptive period in
Accordingly, the claiming party has a fresh period of execution by motion?
15 days from the notice of the denial within which to A:
appeal the denial (Alma Jose v. Javellana, G.R. No. 1. The filing of the motion for the issuance of the
158239, 2012). writ of execution
2.
Execution by independent action is mandatory if

the five-year prescriptive period has already
elapsed. However, it must be filed before it is barred
by the statute of limitations, which is 10 years from

the finality of judgment (Olongapo City v. Subic 8. One fishing boat and accessories not exceeding
Water and Sewerage Co., Inc., G.R. No. 171626, the total value of 100,000 pesos owned by a
2014). fisherman and by the lawful use of which he
earns his livelihood;
Q: When does execution of judgment by motion 9. So much of the salaries, wages, or earnings of
the judgment obligor for his personal services
prescribe?
with 4 months preceding the levy as are
A: General rule: In 5 years; If issued, valid until necessary for the support of his family;
satisfied fully. 10. Lettered gravestones;
Exception: When delay caused by actions of 11. Monies, benefits, privileges, or annuities
judgment debtor and/or is incurred for his benefit or accruing or in any manner growing out of any life
advantage (Olongapo City v. Subic Water and insurance;
Sewerage, G.R. No. 171626, 2014). 12. The right to receive legal support, or money or
property obtained as such support, or any
Q: Is execution a matter of right? pension or gratuity from the government; and
A: Execution is a matter of right on motion either 13. Properties specially exempted by law (Rule 39,
Sec. 13).
upon judgment or order that disposes of the action
or proceeding, upon expiration of the period to
Q: What are the requirements to stay the
appeal therefrom and no appeal has been duly
perfected, or when an appeal has been duly
ejectment suit under Sec. 19, Rule 70?
perfected and resolved with finality. (Rule 39, Sec.
A: The defendant must: (PSR)
1).
1. Perfect an appeal
2. File a supersedeas bond
Q: Is there discretionary execution?
3. Periodically deposit the rentals becoming due
A: Yes in two instances. Execution of a judgment or
during the pendency of the appeal.
a final order pending appeal and execution of
several, separate or partial judgments (Rule 39,
Failure to comply with all would make the judgment
Sec. 2).
immediately executory (Acbang v. Luczon, Jr., G.R.
No. 164246, 2014).
Q: What are the properties exempt from
execution?
Q: What are the characteristics of execution
1.
pending appeal in ejectment cases? (Rule 70,
by law, or the homestead in which he resides,
and the land necessarily used in connection sec. 21)
therewith; A: The judgment of the RTC against the defendant
2. Ordinary tools and implements personally used is immediately executory.
by him in his trade, employment, or livelihood;
3. Three horses, or three cows, or three carabaos,
or other beasts of burden, such as the judgment discretionary but ministerial and may be compelled
obligor may select necessarily used by him in his by mandamus.
ordinary occupation;
4. His necessary clothing and articles for ordinary Rationale: To avoid injustice to a lawful possessor
personal use, excluding jewelry;
Nevertheless, the appellate court may stay the writ
5. Household furniture and utensils necessary for
housekeeping, and used for that purpose by the of execution should the circumstances so require.
judgment obligor and his family, such as the Such judgment of the RTC is not stayed by appeal,
judgment obligor may select, of a value not unless otherwise ordered by the RTC or, in the
exceeding 100,000 pesos. .
6. Provisions for individual or family use sufficient Execution of the RT
for four months; Rule 70 is not governed by Sec. 2, Rule 39 but by
7. The professional libraries and equipment of Sec. 4, Rule 39 on judgments not stayed by
judges, lawyers, physicians, pharmacists, appeal. Thus the general rule that the judgment of
dentists, engineers, surveyors, clergymen, the RTC is stayed by appeal to the CA is not
teachers, and other professionals, not exceeding
applicable (ATO v. CA, G.R. No. 173616, 2014).
300,000 pesos;

judgment, once a writ of execution is issued and

Discretionary Execution in an
satisfied. That situation would be absurd.
execution ejectment case
May be availed of in the May be availed of at any The Rules of Court provides for reversal or
RTC only before the CA stage of the appeal to annulment of an executed judgment, where there
gives due course to the the CA (ATO v. CA, would be restitution or reparation. Thus, there is still
appeal (ATO v. CA, G.R. No. 173616,
G.R. No. 173616, 2014). appealed decision - even if already executed and,
2014). consequently, of a restitution or a reparation (Carpio
v. CA, G.R. No, 183102, 2013).
Q: What are the requisites of execution pending
Q: Against whom can a writ of execution be
appeal?
issued against?
A: General Rule: Only a final judgment may be
A: A writ of execution can only be issued against a
executed.
party and not to strangers to a case or those who
did not have his day in court (Olongapo City v. Subic
Exception: Execution of a judgment pending appeal
Water and Sewerage Co., Inc., G.R. No. 171626,
(Diesel Construction Company v. Jollibee Foods,
2014).
G.R. No. 136805, 2000).
Q: Is an appeal from the decision in an action for
Requisites: (MGS)
revival of judgment allowed?
1. Motion by the prevailing party with notice to the
A: Yes. The party aggrieved may appeal the
adverse party.
decision but only insofar as the merits of the action
2. Good reason for execution pending appeal.
for revival is concerned. The original judgment,
3. Good reason must be stated in the special order
which is already final and executory, may no longer
(Navarosa v.COMELEC, G.R. No. 157957,
be reversed, altered, or modified (Heirs of Miranda
2003).
v. Miranda, G.R. No. 179638, 2013).
Q: What are considered good reasons?
Q: What is the remedy of the third party claimant
A: Compelling circumstances warranting immediate
to prevent the inclusion of his property in the
execution for fear that favorable judgment may yield
execution sale?
to an empty victory (GSIS v. Prudential, G.R. No.
1. Third party claim affidavit under Sec. 16,
165585, 2013).
R39.
2. Separate action under Sec. 16, Rule 39 to
Q: Can GSIS funds and assets be subject to
vindicate his claim of ownership and/or
execution?
possession. In that action, he may secure an
A: Yes, because the exemption under Sec. 39 of RA
injunction to restrain the sale of the property
8291 does not deny private entities the right to
(Arabay, Inc. v. Salvador, G.R. No L-31077,
enforce their contractual claims against GSIS. GSIS
1978)
may be held liable for the contracts it has entered
3. Motion for summary hearing
into in the course of its business investments,
especially since the right of redress arose from a
A third person whose property was seized may
purely contractual relationship of a private character
invoke the supervisory power of the court which
(GSIS v. Prudential Guarantee & Assurance, Inc.,
authorized such execution. Upon due application by
G.R. No. 165585, 2015).
the third person and after summary hearing, the
court may command that the property be released
Q: Does the execution of the judgment mean
from the mistaken levy and restored to the rightful
that the issues on appeal have become moot
owner or possessor. However, the court can only
and academic?
determine whether the sheriff has indeed taken hold
A: No. The execution of the RTC judgment cannot
of property not belonging to the judgment debtor. It
be considered as a supervening event that would
does not and cannot pass upon the question of title
automatically moot the issues in the appealed case.
to the property, with any character of finality (Villasi
Otherwise, there would be no use appealing a
v. Garcia, G.R. No. 190106, 2014).

The timing of the filing of the third party claim is

important because it determines the remedies that a
third party is allowed to file. He may vindicate his
claim to the property in a separate action, because
intervention is no longer allowed as judgment has
already been rendered. He may also vindicate his
claim by intervention because he has a legal
interest in the matter in litigation (Fort Bonifacio
Development Corp. v. Yllas Lending Corp., G.R. No.
158997, 2008).

6. Special rules under Alternative Dispute

III. PROVISIONAL REMEDIES
Resolution Act (R.A. 9285);
7. Custody of minors (A.M. 03-04-04-SC);
A. NATURE, PURPOSE AND 8. Provisional remedies relative to the rule on Writ
JURISDICTION OVER of Amparo and Writ of Habeas Data;
PROVISIONAL REMEDIES 9. Rules of Procedure for Environmental Cases
(A.M. No. 09-6-8-SC);
10. Precautionary Hold Departure Orders (A.M. No.
Q: What is the nature of provisional remedies?
A: Provisional remedies are temporary and ancillary 18-07-05-SC).
remedies to which party-litigants may resort for the
preservation or protection of their rights or interests, Q: Which court has jurisdiction over
and for no other purpose, during the pendency of the provisional remedies?
principal action. (FERIA & NOCHE, 2013) A: The court which has jurisdiction over the main
action is the court which may grant or issue a
Q: What is the purpose of provisional remedies? provisional remedy. (RIANO, 2009)
1. To protect the rights of a party during the
litigation; All inferior courts can grant all appropriate
2. To secure the judgment; provisional remedies. The enforcement of said writs
3. To preserve the subject matter of the litigation; outside the territorial jurisdiction of the inferior court
4. To preserve the status quo / status quo ante; no longer requires the approval of the RTC.
5. To prevent very serious damage; or
6. To meet a very urgent need. Except for the provisional remedy of support
(RIANO, 2016). pendente lite, because the main case wherein this
remedy may be involved is within the jurisdiction of
Q: What are the provisional remedies under the the Regional Trial Court. (Regalado, 2008)
Rules of Court?
A: B. PRELIMINARY ATTACHMENT
1. Preliminary Attachment (Rule 57);
2. Preliminary Injunction (Rule 58); Q: What is preliminary attachment?
3. Receivership (Rule 59);
A: Attachment is a provisional remedy by which the
4. Replevin (Rule 60); and
5. Support Pendente Lite (Rule 61). property of an adverse party is taken into legal
custody, either at the commencement of an action
Note: This enumeration is not exclusive. (Lorenzo or at any time thereafter, as a security for the
Shipping Corp. v. Villarin, G.R. Nos. 175727 & satisfaction of any judgment that may be recovered
178713, 2019) by the plaintiff or any proper party (Olib v. Pastoral,
G.R. No. 81120, 1990)
In one case, the Court upheld the validity of an order
of the trial court to the petitioner to make a deposit The attachment of the property of the defendant
of the down payment paid by the respondent to the converts an ordinary action in personam into an
former pursuant to an annulment of a contract of
action quasi in rem. In such case, jurisdiction over
sale. In upholding the order, the Court mentioned
that there is a hiatus in the law and in the Rules of the person of the defendant is not required as long
Court. If left alone, the hiatus will result in unjust as the court acquires jurisdiction over the res (Biaco
enrichment to the petitioner at the expense of v. Countryside Rural Bank, G.R. No. 161417, 2007).
respondent. The hiatus may also imperil restitution.
(Reyes v. Lim, G.R. No. 134241, 2003) Q: What are the grounds for issuance of
preliminary attachment?
Q: What other laws provide for provisional A: The following are the grounds: (DEC-CR)
remedies? 1. In an action for the recovery of a specified
1. VAWC (R.A. 9282); amount of money or damages, other than moral
2. Marital cases (nullity, annulment, legal
and exemplary, on a cause of action arising from
separation) (A.M. 02-11-12-SC);
3. Human Security Act of 2007 (R.A. 9372); law, contract, quasi-contract, delict, or quasi-
4. Anti-Money Laundering Act of 2001 (R.A. 9160); delict against a party who is about to depart from
5. Financial Rehabilitation an Insolvency Act of the Philippines with the intent to defraud his
2010 (R.A. 10142); creditors;

2. In an action for money or property embezzled or b. The case is one of those mentioned in Sec.
fraudulently misapplied or converted to his own 1, Rule 57
use by a public officer, or an officer of a c. There is no sufficient security for the claim
corporation, or an attorney, factor, broker, agent, sought to be enforced by the action
or clerk, in the course of his employment as d. The amount due to the applicant is as much
such, or by any other person in a fiduciary as the sum for which the order is granted
capacity, or for a willful violation of duty; above all legal counterclaims (Rule 57, Sec.
3. In an action to recover the possession of 3).
property unjustly or fraudulently taken, detained
or converted, when the property, or any part It is not enough to state that a sufficient cause of
thereof, has been concealed, removed or action exists. The applicant must state the facts
disposed of to prevent its being found or taken showing cause of action.
by the applicant or an authorized person;
4. In an action against a party who has been guilty To convince the court that the case is one of those
of a fraud in contracting the debt or incurring the mentioned in Section 1 of the Rule, the applicant
obligation upon which the action is brought, or in must state facts, i.e. place, time, date, to illustrate
the performance thereof; the grounds for attachment relied upon.
5. In an action against a party who has removed or
disposed of his property, or is about to do so, A bare allegation that an encumbrance of property
with intent to defraud his creditors; and is in fraud of creditors does not suffice. Factual
6. In an action against a party who does not reside bases for such conclusion must be clearly averred
in the Philippines, or on whom summons may be (Adlawan v Torres, G.R. No. 65957-58, 1994).
served by publication (Rule 57, Sec. 1).
The amount due to the applicant must be as much
NOTE: In grounds 1-5, fraud (in fraud of creditors, as the sum for which the order is granted above all
fraudulent detention or removal, embezzlement, legal counterclaims, because if the adverse party
etc.) is an essential requirement. has a counterclaim against the applicant, this may
off-set the claim (See Rule 57, Sec 3).
NOTE: The fact that the applicant is willing to post
the attachment bond is not by itself a ground for the 2. Attachment Bond Executed in favor of the
issuance of the writ of attachment. adverse party in an amount fixed by the court,
the bond is conditioned to pay all the costs which
Q: What are the requisites for the issuance of an will be adjudged the adverse party and all
order of writ of preliminary attachment? damages he may sustain if the court should later
1. Affidavit To ensure that the applicant states the rule that the applicant is not entitled to the
truth by requiring him to allege the presence of attachment (See Rule 57, Sec. 4).
all the legal requirements under oath. The
affidavit is the foundation of the writ and if none The surety is liable for all damages and not only
be filed or one be filed wholly fails to set out for damages sustained during the appeal as this
some facts required by law to be stated therein, is its commitment (Phil. Charter Ins. v CA, G.R.
there is no jurisdiction and the proceedings are No. 88379, 1989).
null and void (Callo-Claridad v. Esteban, G.R.
No. 191567, 2013) The writ will not be issued if a real estate
mortgage exists to secure the obligation.
The affidavit is the foundation of the writ and if (Salgado v. Court of Appeals, G.R. No. 55381,
none be filed or one be filed wholly fails to set out 1994)
some facts required by law to be stated therein,
there is no jurisdiction and the proceedings are Q: What is required prior to execution or
null and void (Jardine-Manila France v. CA, G.R. implementation of a writ of attachment?
No. 55272,1989). A:
1. Prior or contemporaneous service on defendant
Contents of the affidavit of summons, writ of attachment, copy of the
a. A sufficient cause of action exists

complaint, application for writ of PI, attachment irreparable injury would result to the applicant before
bond, and order granting the writ. the matter can be heard on notice.
Absence of summons renders the court unable to Meanwhile, the executive judge of a multiple-sala
act on or implement the writ of attachment (Sievert court or the presiding judge of a single-sala court
case) and any such implementation will be void. may issue ex parte a TRO effective for seventy-two
(72) hours from issuance if:
Note: While writ of attachment can be ISSUED ex a. The matter is of extreme urgency; and
parte, it cannot be IMPLEMENTED without service b. The applicant will suffer grave injustice or
of summons, etc. irreparable injury (Rule 58, Sec. 5).
C. PRELIMINARY INJUNCTION Q: What are the procedural requirements for the

issuance of a writ of preliminary injunction or
Q: What is preliminary injunction? temporary restraining order?
A: It is an order granted at any stage of an action or A: (VERB NH)
proceeding before the judgment or final order, 1. There must be a verified application;
requiring a party or a court, agency or person to: 2. The application must show facts entitling the
1. Refrain from a particular act or acts (prohibitory applicant to the relief demanded;
injunction); or 3. A bond must be filed, unless exempted in the
2. Perform a particular act or acts (mandatory court where the action is pending; and
injunction) (Rule 58, Sec. 1). 4. Prior notice and hearing for the party/persons
sought to be enjoined (Rule 58, Sec. 4), except
Q: What is its purpose? in cases of 72 hour TRO, which can be issued ex
A: Injunction is resorted to only when there is a parte.
pressing necessity to avoid injurious consequences
which cannot be remedied under any standard Q: What are the substantive requisites for the
compensation. The sole objective of a writ of issuance of a writ of PI or TRO?
preliminary injunction is to preserve the status quo 1. Clear and unmistakable legal right
until the merits of the case can be heard fully 2. Actual or imminent and material violation of such
(Unilever v CA, G.R. No. 119280, 2006). right;
3. Grave and irreparable injury if the acts are not
Right of applicant to the injunction must be clear and restrained.
unmistakable.
Q: What is grave and irreparable injury?
Q: What is a Temporary Restraining Order? A: Capable of pecuniary estimation; and/or even if
A: It is a temporary or provisional order to maintain capable of pecuniary estimation, where redress at
the subject of controversy in status quo until the law for damages cannot adequately compensate the
hearing of an application for a temporary injunction. plaintiff because the damage is so frequent,
continuous or recurring.
Unlike the injunction, it is intended as a restraint
upon the defendant until the propriety of granting an Q: Is the writ of injunction proper to restrain
injunction pendente lite can be determined, and it foreclosure of mortgage in a case where
goes no further than to preserve the status quo until respondents principally feared the loss of the
such determination. Accordingly, the grant, denial, mortgaged properties, and faced the possibility
or lifting thereof does not in any way pre-empt the of a criminal prosecution for the post-dated
checks they issued?
which is the injunction suit (Regalado 2008 ed.). A: No. Such fears did not constitute the requisite
irreparable injury, because ultimately the amount to
The court to which the application for preliminary which the mortgagee-bank shall be entitled will be
injunction was made may issue a TRO, effective for
20 days from notice to the party or person sought to (Bank of the Philippine Islands vs. Hontanosas, G.R.
be enjoined, if it shall appear from facts shown by No. 15761325, 2014).
affidavits or by the verified application that great or

Q: Can courts issue writs of prohibition or

injunction in order to enjoin or restrain any D. RECEIVERSHIP
criminal prosecution?
A: As a general rule, no. But there are extreme Q: What is receivership?
cases in which exceptions to the general rule have A: Receivership is aimed at the preservation of, and
been recognized, including: at making more secure, existing rights. It cannot be
1. When the injunction is necessary to afford used as an instrument for the destruction of those
adequate protection to the constitutional rights of rights (Arranza v. B.F. Homes, Inc., 33 SCRA 799,
the accused; 2000).
2. When it is necessary for the orderly
administration of justice or to avoid oppression Property subject of receivership must be under
or multiplicity of actions; litigation (See Rule 59, Sec. 1 & Ralla v. Alcasid,
3. When there is a prejudicial question that is sub G.R. No. L-17176, 1962).
judice;
4. When the acts of the officer are without or in The purpose of Receivership is to protect and
excess of authority; preserve the rights of the parties during the
5. When the prosecution is under an invalid law, pendency of the main action, during the pendency
ordinance, or regulation; of an appeal, or as an aid in the execution of a
6. When double jeopardy is clearly apparent; judgment when the writ of execution has been
7. When the court has no jurisdiction over the returned unsatisfied (Rule 59, Sec. 1).
offense;
8. When it is a case of persecution rather than Q: What are the rules on the appointment of a
prosecution; receiver?
9. When the charges are manifestly false and A: Upon a verified application, one or more
motivated by the lust for vengeance; and receivers of the property subject of the action or
10. When there is clearly no prima facie case against proceeding may be appointed by the court where
the accused and a motion to quash on that the action is pending, or by the Court of Appeals or
ground has been denied (Bank of the Philippine by the Supreme Court, or a member thereof, in the
Islands vs Hontanosas, G.R. No. 15761325, following cases:
2014).
1. When it appears from the verified application and
Q: In stressing that the RTC is bereft of such other proof as the court may require, that
jurisdiction to entertain the injunction case, the the party applying for the appointment of a
Republic avers that it is the POEA which has receiver has an interest in the property or fund
original and exclusive jurisdiction to hear and which is the subject of the action or proceeding,
decide all pre-employment cases which are and that such property or fund is in danger of
administrative in character involving or arising being lost, removed, or materially injured unless
out of violations of recruitment regulations, or a receiver be appointed to administer and
violations of conditions for the issuance of preserve it;
license to recruit workers. Is this correct? 2. When it appears in an action by the mortgagee
A: No. The RTC can take cognizance of the for the foreclosure of a mortgage that the
injunction complaint, which "is a suit which has for property is in danger of being wasted or
its purpose the enjoinment of the defendant, dissipated or materially injured, and that its value
perpetually or for a particular time, from the is probably insufficient to discharge the
commission or continuance of a specific act, or his mortgage debt, or that the parties have so
compulsion to continue performance of a particular stipulated in the contract of mortgage;
act." Actions for injunction and damages lie within 3. After judgment, to preserve the property during
the exclusive and original jurisdiction of the RTC the pendency of an appeal, or to dispose of it
pursuant to Section 19 of Batas Pambansa Blg. 129, according to the judgment, or to aid execution
otherwise known as the Judiciary Reorganization when the execution has been returned
Act of 1980, as amended by RA 7691. (Republic v. unsatisfied or the judgment obligor refuses to
Principalia Management, G.R. No. 198426, apply his property to the satisfaction of the
September 2, 2015).

judgment or otherwise carry the judgment into (BA Finance Corporation v. Court of Appeals, 258
effect; or SCRA 102, 1996).
4. Whenever in other cases it appears that the
appointment of a receiver is the most convenient Q: X filed a case of Recovery of Possession with
and feasible means of preserving, administering, Prayer for Replevin against Y. X then appointed
or disposing the property in litigation. Z as his agent to sell the subject vehicle,
surrendering to Z all documents of title. Z sold
Sec. 1(d), Rule 59 of the Rules of Court is the vehicle to another person. Will the case
couched in general terms and broad in scope, prosper?
encompassing instances not covered by the A: It will not. Rule 60 allows a plaintiff in an action
other grounds enumerated under the said for the recovery of possession of personal property,
section. Courts must remain mindful of the basic to apply for a writ of replevin if it can be shown that
principle that receivership may be granted only he is the owner of the property claimed or is entitled
when the circumstances so demand, either to the possession thereof. In this case, when X
because the property sought to be placed in the authorized Z to sell the vehicle and Z subsequently
hands of a receiver is in danger of being lost or sold the vehicle, X ceased to be the owner of the
because they run the risk of being impaired, and vehicle and also lost his right of possession over it.
that being a drastic and harsh remedy, Hence, X may no longer seek a return of the same
receivership must be granted only when there is through replevin. For a writ of replevin to prosper,
a clear showing of necessity for it in order to save plaintiff must show that he is entitled to possession
the plaintiff from grave and immediate loss or over the thing. (William Siy v, Alvin Tomlin, G.R. No.
damage (Tantano v. Caboverde, G.R. No. 205998, April 24, 2017).
203585, 2013).
Note however that ownership is not necessary; as
During the pendency of an appeal, the appellate long as plaintiff can show entitlement to possess.
court may allow an application for the
appointment of a receiver to be filed in and
decided by the court of origin and the receiver
appointed to be subject to the control of said
court (Rule 59, Sec. 1).
E. REPLEVIN
Q: What is replevin?
A: Replevin, broadly understood, is both a form of
principal remedy and of a provisional relief. It may
refer either to the action itself, i.e. to regain the
possession of personal chattels being wrongfully
detained from the plaintiff by another, or to the
provisional remedy that would allow the plaintiff to
retain the thing during the pendency of the action
and hold it in pendente lite (Tillson v. Court of
Appeals, 197 SCRA 587, 1991).
The action is primarily possessory in nature and

determines nothing more than the right of
possession. Replevin is so usually described as a
mixed action, being partly in rem and partly in
personam, is primarily recovery of specific property
is concerned, and in personam as regards to
damages involved. Replevin is so usually described
as a mixed action, being partly in rem and partly in
personam or of his having a special interest therein

Q: What are the requisites for interpleader?

IV. SPECIAL CIVIL ACTIONS
A:
1. There must be two or more claimants with
A. JURISDICTION AND VENUE adverse or conflicting interests to a property in
the custody or possession of the plaintiff;
Q: What is a special civil action? 2. The plaintiff in an action for interpleader has no
A: A special civil action contains special features claim upon the subject matter of the adverse
not found in ordinary civil actions. It is also governed claims or if he has an interest at all, such interest
by ordinary civil actions, subject to specific rules is not disputed by the claimants;
(Rules 62-71) for special civil actions. (Rule 1, Sec. 3. The subject matter of the adverse claims must
3[a][2]. be one and the same; and
4. The parties to be interpleaded must make
Being a civil action, a special civil action is one by effective claims (Rule 62, Sec.1).
which a party sues another for the enforcement or
protection of a right, or the prevention or redress of
C. DECLARATORY RELIEF AND
a wrong. (Rule 1, Sec. 3[a])
SIMILAR REMEDIES
Q: What rule governs special civil actions?
Q: What is an action for Declaratory Relief?
A: It is governed by the rules for ordinary civil
A: An action brought by any person interested under
actions. However, the fact that an action is subject
a deed, will, contract or other written instrument, or
to special rules other than those applicable to
whose rights are affected by a statute, executive
ordinary civil actions is what gives a civil action its
order or regulation, ordinance, or any other
special character. (Id,).
governmental regulation in the appropriate Regional
Trial Court to determine any question of construction
As a general rule, however, the rules governing
or validity arising, and for a declaration of his rights
ordinary civil actions shall apply in special civil
or duties thereunder before breach or violation is
actions insofar as they supplement or are not
committed.
inconsistent with the provisions governing the latter
actions. (Id.).
Q: What are its requisites?
A: (JALR)
B. INTERPLEADER 1. There must be a Justiciable controversy;
2. The controversy must be between persons
Q: What is an interpleader?
whose interests are Adverse;
A: An interpleader is a remedy whereby a person
3. The party seeking declaratory relief must have a
who has property whether personal or real, in his
Legal interest in the controversy; and
possession, or an obligation to render wholly or 4. The issue involved must be Ripe for judicial
partially, without claiming any right in both, or claims determination (CJH Development vs. BIR, G.R.
an interest which in whole or in part is not disputed No. 172457, 2008).
by the conflicting claimants, comes to court and
asks that the persons who claim the said property or Q: Is declaratory relief a proper remedy for
who consider themselves entitled to demand decisions of quasi-judicial agencies?
compliance with the obligation, be required to litigate
A: No. In the same manner that court decisions
among themselves, in order to determine finally who
cannot be the proper subjects of a petition for
is entitled to one or the other thing (Ocampo v.
declaratory relief, decisions of quasi-judicial
Tirona, G.R. No. 147812, 2005).
agencies cannot be subjects of a petition for
declaratory relief for the simple reason that if a party
One must distinguish between a double liability or
is not agreeable to a decision either on questions of
recovery and double vexation because the remedy
law or of fact, it may avail of the various remedies
is afforded not to protect a person against a double
provided in the Rules of Court. Thus, a decision of
liability or recovery but to protect him against a
the BSP Monetary Board, issued pursuant to its
double vexation in respect of one liability. (Belo
quasi-judicial powers, cannot be a proper subject for
Medical Group, Inc. v. Santos, G.R. No. 185894, declaratory relief. (Monetary Board v. Philippine
August 30, 2017) Veteran Board,, G.R. No. 189571, 2015)

Q: Children A, B and C are descendants of X by D. CERTIORARI, PROHIBITION, AND

MANDAMUS
second wife. An OCT registered in the name of
the second wife covered a land in Leyte. X 1. Certiorari
appeared as the owner of the land in its tax
declaration and that a free patent was issued in Q: What is a Writ of certiorari?
rd
A: A writ directed against any tribunal, board, or
person claims exclusive ownership of the land officer exercising judicial or quasi-judicial functions,
alleging that such land has been sold to him by to annul or nullify a proceeding because the entity or
the second person either acted without/in excess of jurisdiction,
A, B, and C, on the ground that D had no right to or with grave abuse of discretion amounting to lack
sell a portion of the land filed an action to quiet or excess of jurisdiction, by a person who has no
the title. Should the quieting of title apply in this appeal, nor any plain, speedy, and adequate
case? remedy in the ordinary course of law (Rule 65, Sec.
A: No. The issues in a case for quieting of title are 1).
fairly simple; A et.al need to prove only two things,
namely: (1) the plaintiff or complainant has a legal Q: What is the nature of Certiorari?
or an equitable title to or interest in the real property A: A petition for certiorari is a special civil
subject of the action; and (2) that the deed, claim, action/original action and not a mode of appeal. It is
encumbrance or proceeding claimed to be casting a the correction of errors of jurisdiction, including the
cloud on his title must be shown to be in fact invalid commission of grave abuse of discretion amounting
or inoperative despite its prima facie appearance of to lack of jurisdiction and does not include correction
validity or legal efficacy. It is evident from the title
that the land belongs to no other than the heirs of and factual findings based thereon (Riano, 2016).
the second wife. The land could not have belonged
to X, because he is not even named in OCT. With Q: What is the purpose of Certiorari?
greater reason may it be said that the land could not A: That the judgment, order, or resolution subject of
the petition for certiorari be annulled or modified
wife. Unless the first wife and second wife were (Rule 65, Sec. 1).
related by blood such fact is not borne out by the
record they could not be heirs to each other. (Chung Q: What are the requisites of a valid Certiorari?
vs. Mondragon G.R. No. 179754, November 21, a. Tribunal, board, or officer exercises judicial or
2012) quasi-judicial functions;
b. Tribunal, board, or officer has acted without or
Q: X filed an action for quieting of title before the in excess of jurisdiction or with grave abuse
RTC. The assessed value of the land is merely of discretion; and
P1,230.00. Does the RTC have jurisdiction over c. There is no appeal or any plain, speedy, and
the case? adequate remedy in the ordinary course of law
A: YES. On the question of jurisdiction, it is clear (Rule 65, Sec. 1).
under the Rules that an action for quieting of title
may be instituted in the RTCs, regardless of the Q: What are the grounds?
assessed value of the real property in dispute. A: That the public respondent acted either with
Under Rule 63 of the Rules of Court, an action to 1. Lack of jurisdiction
quiet title to real property or remove clouds 2. Excess of jurisdiction
therefrom may be brought in the appropriate RTC. 3. Grave abuse of discretion amounting to lack or
(Sps. Clemencio C. Sabitsana v. Juanito F. excess of jurisdiction (Rule 65, Sec.1)
Muertegui Del Castillo, J., G.R. No. 181359, August
05, 2013) Q: Why is a motion for reconsideration required
before certiorari can be filed?
A: General Rule: Its purpose is to grant an
opportunity for the court to correct any actual or
perceived error attributed to it.

Exceptions: (When MR not required) Thus, regardless of the proscription against the filing
1. Where the order is a patent nullity, as where the of the motion for reconsideration, it may be filed on
court a quo has no jurisdiction the assumption that rectification of the decision or
2. Questions raised have been raised and passed order must be obtained, and before a petition for
upon by the lower court or are the same as those certiorari may be instituted (Philtranco Service
raised and passed upon in the lower court Enterprises v. Philtranco Service Union, G.R. No.
3. Urgent necessity for the resolution of the 180962, 2014).
question and any further delay would prejudice
the interests of the government or the petitioner Q: X filed an action for quieting of title. Y filed a
or the subject matter of the action is perishable motion to dismiss. The RTC granted the motion.
4. A motion for reconsideration would be useless X filed a motion for reconsideration, but the RTC
5. Petitioner was deprived of due process and there denied the same. X assailed the dismissal via
is extreme urgency for relief petition for certiorari. Is certiorari the proper
6. In a criminal case, relief from an order of arrest remedy for assailing an order GRANTING a
is urgent and the granting of such relief by the motion to dismiss?
trial court is improbable A: No. The proper remedy is to file an appeal. The
7. The proceedings in the lower court are a nullity
for lack of due process dismiss was a final and not an interlocutory order,
8. The proceedings was ex parte or in which the against which the proper remedy was an appeal.
petitioner had no opportunity to object Certiorari is not a substitute for appeal (Heirs of Sps.
9. Issue raised is purely of law or where public Teofilo M. Reterta v. Sps. Lorenzo Mores, G.R. No.
interest is involved 159941, 2011).
10. Judicial intervention is urgent
11. Its application may cause great and irreparable Q: Is certiorari the proper remedy for assailing
damage an order DENYING a motion to dismiss?
12. Failure of a high government official from whom A: Yes. The denial of a motion to dismiss is not
relief is sought to act on the matter appealable since it is merely an interlocutory order.
13. The issue of non-exhaustion of administrative However, while a petition for certiorari may be
remedies has been rendered moot filed, it must satisfy the requirements that the
14. Special circumstances warrant immediate and assailed denial is issued without jurisdiction, or
more direct action (Republic v. Bayao, G.R. No. with excess of jurisdiction, or in grave abuse of
179492, 2013). discretion amounting to lack of excess of
jurisdiction (Banez v. Concepcion, G.R. No.
Considering that the matter brought to the CA 159508, 2012). (Also, the proper remedy,
whether the act complained against justified the technically, is prohibition)
filing of the formal charge for grave misconduct and
the imposition of preventive suspension pending The remedy against an interlocutory order not
investigation was a purely legal question, the subject of an appeal is an appropriate special civil
defendant had no need to exhaust the available action under Rule 65, provided that the interlocutory
administrative remedy of filing the motion for order is rendered without or in excess of jurisdiction
reconsideration (Garcia v. Molina, G.R. No. or with grave abuse of discretion (Aranas v.
165223, January 11, 2016). Mercado, G.R. No. 156407, 2014).
Q: Is a motion for reconsideration still required Q: Does the CTA have jurisdiction over a
before a petition for certiorari may be instituted certiorari assailing an interlocutory order issued
even if it is prohibited by the agency? by the RTC in a local tax case?
A: Yes. While a government agency may prohibit A: Yes. The authority of the CTA is included in the
altogether the filing of a motion for reconsideration powers granted by the Constitution as well as
with respect to its decisions, the fact remains that inherent in the exercise of its appellate jurisdiction.
certiorari requires the filing of a motion for It would be more logical to conclude that the grant
reconsideration, which is the tangible representation of appellate jurisdiction to the CTA over tax cases
of the opportunity given to the office to correct itself. filed in and decided by the RTC carries with it the
power to issue a writ of certiorari when necessary in

aid of such appellate jurisdiction (City of Manila v. Q: What is the purpose of Prohibition?
Cuerdo, G.R. No, 175723, 2014). A: A petition for prohibition is intended to prohibit or
prevent FUTURE acts done without authority or
jurisdiction, and is not proper for acts already
certiorari assailing the DOJ resolution in a accomplished.
preliminary investigation involving tax and tariff
offenses was transferred to the CTA (Bureau of Exceptions: In specific cases wherein the SC
Customs v. Hon. Devanadera, G.R. No. 193253, allowed a writ of prohibition even when the act is
2015). already fait accompli:
1. Where it would prevent the creation of a new
Q: Does the fresh period rule apply to a petition province by those in the corridors of power who
for certiorari under Rule 64? could avoid judicial intervention and review by
A: No. The fresh period rule does not apply to a merely speedily and stealthily completing the
petition for certiorari under Rule 64 as it is not akin commission of such illegality (Tan v. Comelec,
to a petition for review brought under Rule 42; G.R. No. 73155, 1986).
hence, the period to file a Rule 64 petition should not 2. Where it would provide a complete relief by not
be reckoned from the receipt of the order denying only preventing what remains to be done but by
the motion for reconsideration or the motion for new undoing what has been done, such as
trial. Pursuant to Sec. 3, Rule 64, it had only 5 days terminating a preliminary investigation instead of
from receipt of the denial of its motion for filing a motion to quash (Aurillo v. Rabi, G.R. No.
reconsideration to file the petition. Therefore, since 120014, 2002).
X received the decision denying its motion on July 3. Where the acts sought to be enjoined were
14, 2014, it had only until July 19 to file the petition performed after the injunction suit is brought
(Fortune Life Insurance Company, Inc. v. COA (Versoza v. Martinez, G.R. No. 119511, 1998).
Proper, G.R. No. 213525, 2015).
3. Mandamus
2. Prohibition
Q: What is a Writ of Mandamus?
Q: What is a Writ of Prohibition? A: A writ directed against any tribunal, corporation,
A: A writ directed against any tribunal, board, or board, or officer who unlawfully neglects the
officer exercising judicial or quasi-judicial or performance of an act which the law specifically
ministerial functions, to desist from further enjoins as a duty resulting from an office, trust, or
proceeding in the action or matter specified because station, or unlawfully excludes another from the use
the entity or person either acted without/in excess of or enjoyment of a right or office to which such is
jurisdiction, or with grave abuse of discretion entitled for it to do the act required to be done to
amounting to lack or excess of jurisdiction, by a protect the rights of the petitioner and to pay
person who has no appeal, nor any plain, speedy, damages. because the entity or person either acted
and adequate remedy in the ordinary course of law without/in excess of jurisdiction, or with grave abuse
(Rule 65, Sec. 2). of discretion amounting to lack or excess of
jurisdiction, by a person who has no appeal, nor any
Q: What are the requisites of a Valid Prohibition? plain, speedy, and adequate remedy in the ordinary
a. There must be a controversy; course of law (Rule 65, Sec. 3).
b. Respondent is exercising judicial, quasi-
judicial, or ministerial functions; Q: What are the grounds for Mandamus?
c. Respondent acted without or in excess of A: The officer had an imperative duty to perform the
jurisdiction, or acted with grave abuse of act required and the officer unlawfully neglects the
discretion; and performance of the duty enjoined by law (Rule 65,
d. There must be no appeal or other plain, Sec. 3 & Eng v. Lee, G.R. No. 176831, 2010).
speedy, and adequate remedy (Rule 65, Sec.
2). Q: What are the exceptions to the rule on
exhaustion of administrative remedies?
1. Where the order questioned is a patent nullity;

2. Where the questions raised in the certiorari Q: To whom may the action for quo warranto be
proceeding have already been duly raised and filed?
passed upon by the lower court or are the same A: The action is brought against:
as those raised and passed upon in the lower 1. A person who usurps, intrudes into, or unlawfully
court; holds or exercises a public office, position or
3. Where there is an urgent necessity for the franchise;
resolution of the question; 2. A public officer who does or suffers an act which,
4. Where an MR would be useless or is prohibited; by the provision of law, constitutes a ground for
5. Where petitioner is deprived of due process; the forfeiture of his office; or
6. Where, in a criminal case, relief from an order of 3. An association which acts as a corporation within
arrest is urgent and the granting of such relief by the Philippines without being legally
the trial court is improbable; incorporated or without lawful authority so to act
7. Where the issue raised is one purely of law or (Rule 66, Sec. 1).
where public interest is involved;
8. Where the proceedings in the lower court are a Q: Is quo warranto a valid remedy to remove an
nullity for lack of due process; impeachable officer?
9. Where the proceeding was ex parte or in which A: Yes. While the Constitution mentions the list of
the petitioner had no opportunity to object; and impeachable officers, the wording of provision
10. Where the subject matter of the action is implied that impeachment is not the only remedy for
perishable (Nuque v. Aquino, G.R. No. 193058, removing said officers. (Republic v. Sereno, G.R.
2015). No. 237428, 2018).
Q: When is Mandamus available to a F. EXPROPRIATION

discretionary duty?
A: Act sought to be performed involves the exercise Q: What is expropriation?
of discretion, respondent may only be directed by A: It is a process by which the power of eminent
mandamus to act but not to act in one way or domain is carried out; taking as of private owned
another. Available to compel action, when refused, property, by government under eminent domain
even in matters involving judgment and discretion, (Barangay Sindalan v. CA, G.R. No. 150640, 2007).
but not to direct the exercise of judgment in a
particular matter. Q: What are the two stages in an action for
Expropriation?
When there is gross abuse of discretion, manifest A:
injustice, or palpable excess of authority. (Riano, to exercise the power of eminent domain and the
2016 citing Dejuras v. Villa, G.R. No. 173428, 2010; propriety of its exercise in the context of the facts
MA Jimenez Enterprises v. Ombudsman, G.R. No. involved in the suit.
155307, 2011).
Stage 2: Determination by the court of the just
E. QUO WARRANTO compensation for the property sought to be taken
(Suguitan v. City of Mandaluyong, 123 SCRA 73,
Q: What is quo warranto? 2000).
1. It is a direct, not a collateral attack, on the matter
assailed. Q: What is the scope of expropriation?
2. It is a proceeding against a public officer, not in A: Expropriation is not limited to the acquisition of
his official capacity, because no official power or real property with a corresponding transfer of title or
right or duty is sought, but because the officerss possession. The right-of-way easement resulting in
of authority. but not to direct the exe a restriction or limitation on property rights over the
3. It is a proceeding of a public nature filed by a land traversed by transmission lines also falls within
prosecuting attorney ex officio such as by the (National
Solicitor General or fiscal. (But it is personal in Power Corporation vs. Vda. De Capin, G.R. No.
nature as to the person claiming office.) (Topacio 175176, 2008).
v. Ong, G.R. No. 179895, 2008).

G. FORECLOSURE OF REAL is earlier. (General

ESTATE MORTGAGE Banking Law, Sec. 47)
Mortgagee can move Mortgagee has to file a
Q: What is foreclosure of real estate mortgage? for deficiency judgment separate action to
A: Foreclosure is a procedure by which the holder in the same action recover any deficiency
of a mortgage an interest in land providing Buyer at public auction Buyer at public auction
security for the performance of a duty or the becomes absolute becomes absolute
payment of a debt sells the property upon the owner only after owner only after finality
failure of the debtor to pay the mortgage debt and, confirmation of the sale of an action for
thereby, terminates his or her rights in the property consolidation of
(West's Encyclopedia of American Law, 2d ed.). ownership
Mortgagee need not be Mortgagee is given a
Q: What are its requisites? given a special power special power of
A: The following are the requisites: of attorney attorney in the
1. A finding of the amount due the plaintiff including mortgage contract to
interest, cost, and other charges approved by the foreclose the
court; mortgaged property in
2. Order to defendant to pay said amount within a case of default
period of not less than ninety (90) days nor more
than 120 days from entry of judgment (equity of Q: Distinguish between equity of redemption
redemption); and and right of redemption.
3. If the defendant defaults, the court should order EQUITY OF RIGHT OF
the sale at public auction of the mortgaged REDEPTION REDEMPTION
property (Sec. 2, Rule 68). Equity of the defendant Prerogative or right to
mortgagor to reacquire mortgaged
Q: Distinguish between judicial and extra- extinguish the property after
judicial foreclosure. mortgage and retain registration of the
JUDICIAL EXTRA-JUDICIAL ownership of the foreclosure sale
FORECLOSURE FORECLOSURE property by paying the
(Rule 68) (Act No. 3135) secured debt within the
Complaint is filed with No complaint is filed. 90-120 day period set
the courts No court intervention by the court after the
There is only an equity There is a right of judgment becomes
of redemption. No right redemption. Mortgagor final (Rule 68, Sec. 2
of redemption except has a right of
when mortgagee is a redemption for one H. PARTITION
banking institution; year from registration
equity of redemption is of the sale (except Q: What is partition?
90 to 120 days, and where the mortgagee A: Partition is the separation, division and
any time before is a bank and the assignment of property held in common among co-
confirmation of mortgagor is a juridical owners in proportion to their respective interests in
foreclosure sale entity, the right to the said property (Marasigan v. Heirs of Marasigan,
redeem may be G.R. No. 156078, 2008).
Exception: Where the exercised until, but not
mortgagee is a bank, after, the registration of Q: Who has jurisdiction over an action for
the right of redemption the certificate of partition?
may be exercised sale/foreclosure with A: The Municipal Trial Court has jurisdiction to
within 1 year after the the Register of Deeds, take cognizance of real actions or those affecting
sale of the property which in no case shall title to real property, or for the recovery of
(General Banking Law be more than three (3) possession, or for the partition or condemnation of,
of 2000, Sec. 47) months after the or foreclosure of a mortgage on real property where
foreclosure, whichever the assessed value of the property or interest
therein does not exceed Php 20,000, or if in Metro

Manila, where the assessed value does not exceed 2. Defendant Deprived him of such possession by
Php 50,000. If the value exceeds the foregoing FISTS (Abad v. Farrales, G.R. No. 178635,
amounts, the Regional Trial Court shall have 2011).
jurisdiction (Barrido v. Nonanto, G.R. No. 176492,
2014). Q: What is unlawful detainer?
A: The possession of the defendant is legal in the
Q: What are the instances when a co-owner may beginning which, however, subsequently becomes
not demand partition? illegal because of the: (ED)
A: (AD/TPU) 1. Expiration or termination of the right to have
1. Existence of an agreement among co-owners possession, by virtue of any contract, express or
to retain the property undivided for not implied,
exceeding ten (10) years; 2. and after a Demand to vacate was not heeded
2. When co-owners are prohibited by the donor by the defendant (Rule 70, Section 1 of the Rules
or testator for a period not exceeding twenty of Court).
(20) years;
3. When partition is prohibited by law; (Civil Q: What are its requisites for unlawful detainer?
Code, Art. 494) and A: (CNR1)
4. When the property is NOT subject to a physical 1. Possession of property by the defendant was by
division and to do so would render it Contract with or by tolerance of the plaintiff;
unserviceable for the use which it is unintended 2. Such possession became illegal upon Notice by
(Civil Code, Art. 495). plaintiff to defendant of the termination of the
Q: Who may file? 3. The defendant Remained in possession of the

A: The action shall be brought by the person who property and deprived the plaintiff of the
has a right to compel the partition of real estate enjoyment thereof;
(Rule 69, Sec. 1) or of an estate composed of 4. Within one (1) year from the last demand on
personal property, or both real and personal defendant to vacate the property, the plaintiff
property (Rule 69, Sec. 13), i.e. a co-owner. instituted the complaint for ejectment (Romulo v.
Samahang Magkapitbahay ng Bayanihan
I. FORCIBLE ENTRY AND Compound Homeowners Association, Inc., G.R.
UNLAWFUL DETAINER No. 180687, 2010).
Q: Which court has jurisdiction? Q: In an appeal from the judgment of the MTC in
A: Exclusive original jurisdiction over forcible entry an unlawful detainer case, is there a trial de novo
and unlawful detainer suits is with the MTC. (B.P. in the RTC?
Blg. 129, as amended, Sec. 33[2]) A: No. Under Sec. 18, Rule 70, the RTC shall decide
the appeal on the basis of the entire record of the
Q: What is forcible entry? proceedings had in the MTC and such memoranda
A: The possession of the defendant is illegal from as may be submitted by the parties.
the very beginning having deprived the actual
possessor of his possession by: (FISTS) Thus, RTC erred in ordering the relocation and
1. Force,
2. Intimidation, and by hearing the testimony of the surveyor, for its
3. Strategy, or doing so was tantamount to its holding of a trial de
4. Threat, novo (Manalang v. Bacani, G.R. No. 156995, 2015).
5. Stealth (Rule 70, Sec. 1)
Q: Is a boundary dispute a proper subject of
Q: What are the requisites for Forcible Entry? Rule 70?
A: (PD) A: No. A boundary dispute cannot be settled
1. Plaintiff had Prior physical possession of the summarily under Rule 70, the proceedings under
property; and which are limited to unlawful detainer and forcible
entry (Manalang v. Bacani, G.R. No. 156995, 2015)

Q: What is the nature of possession required in The plaintiff must prove The plaintiff need not
ejectment cases? that he was in prior have been in prior
A: Possession in ejectment cases means nothing physical possession of physical possession.
more than actual physical possession, not legal the premises until he
possession. A party who can prove prior physical was deprived by the
possession can recover such possession even defendant.
against the owner himself. If he has in his favor prior
The 1 year period is The 1 year period is
possession in time, he has the security that entitles
generally counted from counted from the date
him to remain on the property until a person with a the date of actual entry of last demand.
better right lawfully ejects him (Calingasan v. Rivera, on the property.
G.R. No. 171555, 2013).
Q: Is an action for recovery of physical J. CONTEMPT

possession of real property extinguished by the
Q: What is contempt?
death of a party?
A: No. It is a real action and is thus not extinguished A: Contempt is disobedience and utter disregard to
the court by acting in opposition to its authority,
by the death of a party. Such death will not render
justice and dignity. It also includes conduct
moot the forcible entry case (Calingasan v. Rivera,
which tends to bring the authority of the court and
G.R. No. 171555, 2013).
the administration of law into disrepute or in a
Q: Distinguish forcible entry and unlawful manner which impedes the due administration of
detainer. justice (Siy v. National Labor Relations Commission,
G.R. No. 158971, 2005).
FORCIBLE ENTRY UNLAWFUL
DETAINER Q: What is the remedy if a person is cited in
contempt of Court?
Ground: Ground:
Deprivation of physical Unlawful withholding of A: Contempt in facie curiae
possession of any land possession of any land Remedy is certiorari/ prohibition (NOT appeal) and
or building by FISTS, or building after the filing of such petition for certiorari or prohibition shall
which shall include expiration or suspend the execution of the judgment, provided a
every situation or termination of the right bond is filed (Rule 71, Sec. 2). This bond is
condition under which to hold possession by conditioned upon his performance of the judgment
one person can virtue of any contract, should the petition be decided against him (Baculi v.
wrongfully enter upon express or implied. Belen, A.M. RTJ-09-2179, 2012).
real property and (Sps. Del Rosario vs.
exclude another, who Gerry Roxas
Constructive contempt
has had prior Foundation, G.R. No.
possession, therefrom. 170575, 2011). Remedy: Appeal (Rule 71, Sec. 11)
The possession of the The possession of the Q: What is the nature of indirect contempt?
defendant is unlawful defendant, which was A: Contempt is not a criminal offense. However, it
from the beginning; lawful in the partakes of the nature of a criminal action. Rules
issue is which party beginning, becomes that govern criminal prosecution strictly apply to a
has prior de facto illegal by reason of the prosecution for contempt. In fact, Sec. 11, Rule 71
possession. expiration or
provides that the appeal in indirect contempt
termination of his right
to the possession of proceedings may be taken as in criminal cases. The
the property. Supreme Court has held that an alleged contemnor
should accorded the same rights as that of an
The law does not Plaintiff must first make accused. Thus, the dismissal of the indirect
require previous such demand which is contempt charge against respondent amounts to an
demand for the jurisdictional in nature. acquittal, which effectively bars a second
defendant to vacate.
prosecution (Digital Telecommunications
Philippines, Inc. v. Cantos, G.R. No. 180200, 2013).

Q: What are the acts that may constitute Indirect

Contempt?
A:
1. Misbehavior an officer of a court in the
performance of his official duties or in his official
transactions;
2. Disobedience of or resistance to a lawful writ,
process, order, or judgment of a court, including
the act of a person who, after being
dispossessed or ejected from any real property
by the judgment or process of any court of
competent jurisdiction, enters or attempts or
induces another to enter into or upon such real
property, for the purpose of executing acts of
ownership or possession, or in any manner
disturbs the possession given to the person
adjudged to be entitled thereto;
3. Any abuse of or any unlawful interference with
the processes or proceedings of a court not
constituting direct contempt under section 1 of
this Rule;
4. Any improper conduct tending, directly or
indirectly, to impede, obstruct, or degrade the
administration of justice;
5. Assuming to be an attorney or an officer of a
court, and acting as such without authority;
6. Failure to obey a subpoena duly served;
7. The rescue, or attempted rescue, of a person or
property in the custody of an officer by virtue of
an order or process of a court held by him; and
8. Failure by counsel to inform the court of the
death of his client, since it constitutes an
improper conduct tending to impede the
administration of justice (Rule 71, Sec. 3).
Q: What are the procedural requisites before the

accused may be punished for Indirect
Contempt?
A: (COH)
1. Charge in writing to be filed or a show cause
order issued by the court;
2. Opportunity for person charged to appear and
explain his conduct; and
3. To be Heard by himself or counsel (Inonog v.
Ibay, A.M. No. RTJ-09-2175, 2009).

V. SPECIAL PROCEEDINGS
RTC MTC
Gross value of the Gross value of the
A. SETTLEMENT OF ESTATE OF estate exceeds estate is P2,000,000
DECEASED PERSONS P2,000,000. or below.
Q: What are the modes of settlement of the (R.A. No. 11576).

Estate of a Deceased Person?
1. Summary Settlement (small value estate) (Rule Q: When does the probate court acquire
74); jurisdiction over the settlement proceedings?
2. Extrajudicial Settlement (Rule 74); A: Upon filing of the petition for its allowance or upon
3. Partition (Rule 69); and delivery of the will to the court, even if no petition for
4. Settlement through letters testamentary or its allowance was filed until later because upon the
letters of administration with or without will will being deposited, the court could motu proprio
annexed (Rule 73, 75-90)
have taken steps to fix time and place for proving
Q: What is the Nature of Settlement of Estate? the will and issued notices in accordance with Rule
A: is a 76, Sec 3. (Rodriguez v. Borja, G.R. No. L-21993,
proceeding IN REM. All interested persons whether 1966)
known to the parties or not may be bound by it.
(Philippine Savings Bank vs. Lantin, G.R. No. L- Q: What are the rules regarding the Preferential
33929, 1983) Jurisdiction of the Probate Court?
A: General Rule: The court first taking cognizance
Q: Can there be an extrajudicial settlement of the of the settlement of the estate of the decedent shall
estate of a testator? exercise jurisdiction to the exclusion of all other
A: No. Probate of a will is mandatory. (R75, S1). courts. (Rule 73, Sec. 1; Vda. De Chua vs CA. G.R.
No. 116835, 1998)
The heirs may only validly partition the estate only
after the will has been probated. It cannot be divested of such jurisdiction by the
(Ralla v. Untalan, G.R. Nos. L-63253-54, 1989; subsequent acts of the parties (e.g. if they entered
Union Bank v. Santibanez, G.R. No. 149926, 2005).
into an extrajudicial partition settlement or filed
Q: What are the two kinds of Settlement of another petition for settlement in a proper court of
Estate? concurrent venue). (Cuenco v. CA, G.R. No. L-
JUDICIAL EXTRAJUDICIAL 24742, 1973)
SETTLEMENT SETTLEMENT
Testate (decedent left A proceeding where Exception: such court, may upon learning that: a
a will) or intestate the decedent left no petition for probate of the decedent's last will has
proceeding (decedent wills and the heirs
been presented in another court where the decedent
did not leave a will) adjudicate the estate
instituted in the among themselves obviously had his conjugal domicile and resided with
country where the without seeking letters his surviving widow and their minor children, and
decedent had his of administration (R74, that the allegation of the intestate petition before it
residence or had S1). stating that the decedent died intestate may be
estate if a non- actually false, may decline to take cognizance of the
resident. (R74, S2). petition and hold the petition before it in abeyance,
and instead defer to the second court which has
a. Summary judicial
proceedings (if before it the petition for probate of the decedent's
value of the estate alleged last will. (Cuenco v. CA, G.R. No. L-24742,
is below P10,000). 1973)
b. Regular
settlement Q: What would happen If intestate proceedings
proceedings. have commenced but a will of the decedent was
found?
Q: Which court has jurisdiction over the A: Probate of a will is mandatory and takes
settlement proceedings? precedence over intestate proceedings. If in the
A: It depends on the gross value of the estate. course of intestate proceedings pending before a

court, it is found that the decedent had left a last will, petition for a year and allowed the proceedings to
proceedings for the probate of the latter should continue for such time before filing a motion to
replace the intestate proceedings even if at that dismiss. (Uriarte v. CFI, G.R. Nos. L-21938-39,
stage an administrator had already been appointed, 1970).
the latter being required to render final account and
turn over the estate in his possession to the Q: What is the extent of jurisdiction of the
executor subsequently appointed but this is without probate court?
prejudice to the fact that should the alleged last will A: The jurisdiction of the probate court is limited to
be rejected or is disapproved, the proceeding shall matters relating to the administration, liquidation and
continue as intestacy. (Uriarte vs CFI Of Negros, distribution of the estate and of the probate of the
G.R. Nos. L-21938-39,1970) wills of persons. Particularly:
1. Administration of the decedent's estate;
If separate proceedings have been instituted for 2. Payment of his debts;
each estate, both proceedings may be consolidated 3. Questions as to collation or advancements to
if they were filed in the same court. (Bernardo v. CA, the heirs;
G.R. Nos. 111715 & 112876, 2000) 4. Liquidation of the conjugal partnership; and
5. Partition and distribution of the estate.
1. Venue and Process
It also extends to matters incidental and collateral to
Q: What is the Proper Venue? the exercise of a probate court's recognized powers
A: It depends upon the residency of the decedent. such as selling, mortgaging or otherwise
Residence refers to the actual or physical habitation encumbering realty belonging to the estate.
of the decedent and not his permanent or legal (Heirs of Sandejas v. Lina, G.R. No. 141634, 2001)
residence of domicile. (Fule v. CA, G.R. Nos. L-
40502 & 42670, 1976; Pilipinas Shell v. Dumlao, Q: Can the probate court make a determination
G.R. No. 44888, 1992). of the ownership of properties?
General Rule: No. Questions as to title to property
DECEDENT VENUE cannot be passed upon by the probate court in the
Philippine resident testate or intestate proceeding but should be
residence. ventilated in a separate action. Thus, the person
seeking to resolve his or her adverse claim of
Non-resident of the In any place where ownership should file a separate action (Pacioles,
Philippines. Jr. v. Chuatoco-Ching, G.R. No. 127920, 2005).
properties are located.
Exception: To determine whether said property
should be included in the inventory or list of
Q: Is Venue jurisdictional for special properties to be administered by the administrator,
proceedings? the court may make a provisional determination.
A: No. The laying of venue is procedural rather than Such determination is provisional and not
substantive, relating as it does to jurisdiction of the conclusive and is subject to the final decision in a
court over the person rather than the subject matter. separate action regarding ownership which may be
Venue relates to trial and not to jurisdiction. (Nocum instituted by the parties. (Pio Baretto Realty
v. Tan, G.R. No. 145022, 2005) Development, Inc. v. CA, G.R. No. 132362, 2001)
THUS: Unless and until the defendant objects to the Exception 2: The probate court may decide on
venue in a motion to dismiss, the venue cannot be ownership of the property when:
truly said to have been improperly laid, as for all 1. all parties to such determination are heirs;
practical intents and purposes, the venue, though 2. The question is one of collation or
technically wrong, may be acceptable to the parties advancement;
for whose convenience the rules on venue had been 3. When all the parties agree to submit the
devised. The trial court cannot pre-empt the question to the determination of the courts, and
rights of third parties are not impaired.
laying of the venue by motu proprio dismissing the (Coca v. Borromeo, G.R. No. L-27082, 1978)
case. (Rudolf Lietz Holdings Inc. v. The Registry of
Deeds of Paranaque City, G.R. No. 133240, 2000) Q: Can an ordinary trial court make a declaration
of heirship in an ordinary civil action?
Wrong venue is a waivable procedural defect, and A: No. A trial court cannot make a declaration of
such waiver may occur by laches where a party had heirship in an ordinary civil action because matters
been served notice of the filing of the probate

related to the rights of filiation and heirship must be Q: When can there be a declaration of
ventilated in a special proceeding for the purpose of Presumptive Death?
determining such rights. (Bayagas v. Bayagas, G.R. Number of
Nos. 187308 & 187517, 2013) May be
years that
declared
the person
Q: When can the Probate Court Issue a Writ of dead for:
is absent.
Execution?
A: General Rule: A probate court cannot issue 7 AND 5 YEARS
writs of execution because its orders usually refer to GR: If person is 7 years All purposes
the adjudication of claims against the estate which 75 years old EXCEPT
the executor or administrator may satisfy WITHOUT and below. succession
the need of executor processes. (Angelita G. Vda. (Art. 390,
De Valera v. Hon. Macario M. Ofilada, G.R. No. L-
NCC).
27526, 1974)
XPN: Above 75 5 years
Exceptions: The court may issue writs of execution years old All purposes
on the following: including
1. To satisfy the contributive shares of the succession
devisees, legatees and heirs on possession of (Art. 390,
(R88, S6); NCC).
2. To enforce payment of the expenses of partition
(R90, S3); and 10 YEARS
3. To satisfy the cost when a person is cited for If person is 75 10 years All purposes
examination in probate proceedings. (R142, years old and including
S13) below succession
(Vda. de Valera v. Ofilada, G.R. No. L-27526, 1974). (Art. 390,
NCC).
Q: What happens to the community property or
4 YEARS
conjugal partnership of gains upon the death of
one or both spouses? 1. On board a 4 years from
A: Upon dissolution of marriage by the death of vessel lost at loss of vessel
either the husband or the wife, the community sea
property must be administered and liquidated in the 2. On board a 4 years from
in/testate proceedings of the deceased spouse. If missing loss of
both have died, liquidation may be made in the
airplane airplane
in/testate proceedings of either. (R73, S2) All purposes
3. Lost while 4 years
including
Only the probate court can competently rule on being with the
succession
whether the properties are conjugal and form part of armed forces
the estate. (Romero v. CA, G.R. No. 188921, 2012) (Art. 391,
that took part in
NCC).
a war
4. Lost in 4 years
circumstances
where there is
danger of
death
Q: What happens if the absentee so declared

returns?
A: He may recover the balance of his estate by
motion in the same proceeding, subject to the
following conditions:
1. All his debts must have been paid (R73, S4);
2. He shall recover his property in the condition in
which it may be found, and the price of any

property that may have been alienated or the heirs have good reasons for not resorting to an
property acquired therewith; action for partition.
3. But he cannot claim either fruits of rents. (Pereira v. CA, G.R. No. L-81147, 1989; Arcillas v.
Montejo, G.R. No. L-21725, 1968)
(Art. 392, NCC).
Q: Who are bound by the Extrajudicial
NOTE: The declaration of presumptive death of a Settlement?
person under Article 41 of the Family Code is a A: Persons who did not participate nor had notice of
summary proceeding and not a special proceeding. an extrajudicial settlement would not be bound
(Republic of the Philippines v. Jomoc, G.R. No. thereby. Publication that binds the world
163604, 2005) contemplates notice that has been sent out or
issued before any deed of settlement, partition, or
2. Summary settlement of estates both, is agreed upon, and not after such an
agreement has already been executed.
Q: What are the requisites for an Extrajudicial (Cua v. Vagas, G.R. No. 156356, 2006)
Settlement?
A: The requirements are: (IRL-PBN) Q: When is a bond required to be furnished?
1. Decedent died intestate (left no will); A: The bond is required only when personality is
2. There are no outstanding debts at the time of involved. If it is a real estate, it shall be subject to a
settlement; lien in favor of creditors, heirs or other persons for
3. Heirs are all of legal age or minors the full period of 2 years from such distribution and
represented by judicial guardians or legal such lien cannot be substituted by a bond.
representatives;
4. The settlement is made in a public instrument The bond is the value of the personal property
OR by means of an affidavit, in the case of a certified by the parties under oath and conditioned
sole heir, duly filed with the Register of upon payment of just claims filed under Section 4,
Deeds; Rule 74 of the Rules of Court.
a. If the decedent left only one heir: the heir
executes an affidavit of self-adjudication. Q: When is an interested person who
b. If the decedent left more than one heir, the participated in the extrajudicial settlement
settlement must be made in a public barred from assailing the validity of the
instrument settlement?
5. Publication of the extrajudicial settlement in a A: An heir or interested person who was able to
newspaper of general circulation in the province participate either in the extrajudicial or summary
once a week for three consecutive weeks; and settlement of estate of the decedent has a period of
6. Filing of bond equivalent to the value of two years after the settlement and distribution to
personal property posted with the register of assail its validity. (Pedrosa v CA, G.R. No. 118680,
deeds. (R74, S1). March 5, 2001) (R74, S4).
Q: Can there be oral extrajudicial settlement of Q: To whom does this two year period apply?
estate? A:
A: Yes. Nothing in Sec. 1, Rule 74 concludes that a 1. To persons who have participated or taken part
written instrument or other formality is an essential or had notice of the extrajudicial partition; and
requisite to the validity of the partition. An oral 2. When the provisions of Section 1 of Rule 74
partition is valid. have been strictly complied with, i.e., that all the
(Vda. de Reyes v. CA, G.R. No. 92436, 1991). persons or heirs of the decedent have taken
part in the extrajudicial settlement or are
Q: Does the fact that the decedent left no debts represented by themselves or through
of obligations preclude the institution of guardians.
administration proceedings? (Maria Pedrosa v. Court of Appeals, G.R. No.
A: No. It does not preclude the heirs from instituting 118680, March 5, 2001)
administration proceedings, even if the estate has
no debts or obligations, if they do not desire to resort Q: To whom does this two year period NOT
for good reasons to an ordinary action for partition. apply?
A: To persons who had no notice nor had taken part
Recourse to an administration proceeding even if in the extrajudicial proceedings. (Sampilo and
the estate has no debts is sanctioned only if the Salacup v. CA, G.R. No. L-10474, 1958).

Q: What are the remedies available to aggrieved This period shall commence:
parties after an extrajudicial settlement of the 1. Upon the issuance of a new title over the
estate? property in question. (Marquez v. CA, G.R.
1. Claim Against the Bond or Real Estate or Both No. 125715, 1998); or
(R74, S4) 2. From time of actual notice unregistered
2. Petition for Relief (R38) deed (Neri v. Heirs of Uy, G.R. No. 194366,
3. Reopening by Intervention Within 2012)
Reglementary Period
4. New Action to Annul Settlement Within NOTE: Publication does not constitute
Reglementary Period of Two Years; constructive notice to the heirs who had no
5. Rescission in Case of Preterition of Compulsory knowledge or did not take part in it. (Cua vs
Heir in Partition Tainted with Bad Faith (Art. Vargas, G.R. No. 156536, 2006).
1104, NCC); and
6. Action for Reconveyance (Art. 1144, NCC) Exception:
7. Action to Annul Extrajudicial Settlement (Neri v. The implied trust may be converted into an
Uy) express trust, which is imprescriptible, unless
repudiated by the trustee. (Torbela v. Rosario,
Note: Claim against the bond or real estate or both G.R. No. 140528, 2011). The prescriptive
may be availed of only within two (2) years after the period is 10 years from repudiation of the title,
settlement and distribution of the estate. Such bond which must be proven by clear and convincing
or property will be charged with this responsibility evidence and made known to the beneficiary.
within 2 years regardless of transfers of property.
3. Civil Code, Art. 1410 If the conveyance
Rules on Prescription complained of was absolutely void or fictitious,
an action for annulment of the extrajudicial
Special Period for Certain Individuals settlement is imprescriptible.
If on the date of the expiration of the 2-year period,
the creditor / heir is a: [MIPO] Q: What are the requisites of a summary
1. Minor settlement of estate? (GH-PNB)
2. Incapacitated A: Requisites:
3. In Prison; or 1. Petition filed by any interested person
4. Outside the Philippines 2. Gross value of the estate, whether or not the
decedent died testate or intestate, must not
He may present his claim within 1 year after such exceed ten thousand pesos (P10,000).
disability is removed (Rule 74, Sec. 5). a. Application must contain allegation of gross
value of estate.
Exceptions: 3. Upon hearing, the date of which:
1. If the aggrieved heir is in possession of the a. Shall be set by court not less than one (1)
property imprescriptible (Heirs of Saludares month
v. CA, G.R. No. 128254, 2004). b. nor more than three (3) months from date
of last publication of notice.
2. If an innocent purchaser for value is in 4. Notice of hearing published once a week for
possession of the property Action for three (3) consecutive weeks in a newspaper of
Reconveyance is no longer available. general circulation.
5. Notice shall be served upon such interested
Remedy: File damages against the other heirs persons as the court may direct.
who fraudulently caused the transfer to the 6. Bond in an amount fixed by the court (not value
innocent purchaser for value. (PEZA v. of personal property) conditioned upon
Fernandez, G.R. 138971, 2001) payment of just claims under Section 4, Rule 74
of the Rules of Court. (R74, S2)
If the property is in the hands of other heirs who
caused the extrajudicial settlement 10 years After such requisites are met, the court may proceed
from the issuance of title, since a constructive summarily, without the appointment of an executor
trust was created. or administrator.

Q: Distinguish extrajudicial settlement and Q: What is determined when a probate court

summary settlement. allows a will into probate?
EXTRAJUDICIAL SUMMARY A: General Rule: The probate court's authority is
SETTLEMENT SETTLEMENT limited only to the extrinsic validity of the will, the
No court intervention is Judicial adjudication, due execution thereof, the testator's testamentary
required. although summary. capacity and the compliance with the requisites or
solemnities prescribed by law. (Acain v. IAC, G.R.
The value of the estate Gross value of the
is immaterial. estate must not No. 72706, 1987).
exceed P10,000.
Allowed only in Allowed in both testate Exception: However, when practical considerations
intestate succession. and intestate demand, the intrinsic validity of the will may be
succession. passed upon like when on its face there is really
There must be no Available even if there preterition or invalid disinheritance making the will
outstanding debts at are debts; it is the court void. (Maninang v. CA, G.R. No. L-57848, 1982)
the time of the which will make
settlement of the provision for its Q: Who May Petition For Probate of Will?
estate. payment. 1. Executor;
Resorted to at the May be instituted by 2. Devisee/legatee named in the will;
instance of and by any interested party, 3. Testator himself during his lifetime;
agreement of all heirs. even a creditor of the 4. Any creditor: as a preparatory step for filing of
estate, without the his claim therein.
consent of all heirs. 5. Any person interested in the estate; (R76, S1)
Bond is filed with the Bond is filed with the
Register of Deeds. court. Note: All of the above mentioned may petition for
Amount of the bond is Amount of bond is to the probate of the will whether the same be in his
equivalent to the value be determined by the possession or not, or is lost or is destroyed.
of the personal court.
property. ANTE-MORTEM POST-MORTEM
PROBATE PROBATE
1. Allowance Or Disallowance of WHO CAN PETITION
Wills. Only Testator Any interested person
in the estate
Q: True or False, only wills are subject to PUBLICATION REQUIREMENTS
probate? No Publication Three (3) successive
A: False. A donation mortis causa must comply with Requirement weeks in a newspaper
the formalities required for the validity of wills. Even of general circulation.
if the donation did follow the prescribed formalities
NOTICE REQUIREMENT
on the law on wills, it must still be presented and
Only Compulsory Heirs Heirs, legatees and
admitted to probate before rights may arise
devisees, if their
therefrom. (Aluad v. Aluad, G.R. No. 176943, 2008).
(R76, S4) address is known.
(De Aranz, et al. v.
The instruments have a testamentary character,
Galing, et al., G.R. No.
which may be either:
77047, 1988)
1. Disposition of property; or
2. Appointment of executor
OR
Q: What is the prescription period within which
Executor and co-
a will must be probated?
executor (R76,S4)
A: Probate is Imprescriptible. It is imprescriptible,
because it is required by public policy and the state
Q: Does the publication requirement for post-
could not have intended to defeat the same by
mortem probate necessarily require three whole
applying thereto the statute of limitation of actions.
weeks?
(Guevara v. Guevara, G.R. No. L-5405, 1956)
A: No. Three (3) weeks successively is not strictly
twenty-one days. It is sufficient that publication has
Duty of Probate Court to Look Into Extrinsic
been made once (1) a week successively three
Validity of the Will; Exception
(3) times, even if less than twenty-one (21) days
intervened between the first and last publication.

(Basa v. Mercado, G.R. No. L-42226, 1935) All the pages shall be numbered correlatively in
letters placed on the upper part of each page.
Q: How is notice given? This is not necessary when the will is written on
1. By Mail at least twenty (20) days before one sheet only
hearing
2. Personal Service at least ten (10) days before 5. Attestation Clause - this contains:
hearing. (R76, S4) a) The number of pages used - upon
which the will is written;
Q: Does the publication cure the defect of no b) That the testator signed (or expressly
personal notice? caused another person to sign) the will
A: Personal notice is also mandatory provided that and every page thereof in the presence
the addresses of heirs, devisee, legatee and of the instrumental witnesses;
executor are known and they reside in the c) That the instrumental witnesses
Philippines. (Racca v. Echague, G.R. No. 237133, witnessed and signed the will and all
2021). the pages thereof in the presence of
the testator and of one another
Q: What are the formal requisites of a notarial
will? 6. Acknowledgment by Notary Public
1. Subscription
Must be acknowledged before a notary public
The will must be subscribed (signed) at the end by the testator and the witnesses
thereof by:
a) The testator himself; or by Q: What are the formal requisites of a
b) written by some holographic will?
other person 1. Entirely Written by the Hand of the Testator
2. Entirely Dated by the Hand of the Testator
2. Attestation by witnesses 3. Entirely Signed by the Hand of the Testator
4. Executed in a Language or Dialect known to the
The act of 3 or more credible witnesses of Testator
witnessing the execution of the will in the
presence of the testator and of one another in Q: Will a defect in the Petition for Allowance of
order to see and take note mentally that such Will invalidate the allowance of the will?
will has been executed in accordance with the A: No. No defect shall render void the allowance of
requirements prescribed by law the will, or the issuance of letters testamentary or of
administration with the will annexed. (Rule 76, Sec.
3. Marginal signatures 2)
The testator or the person requested by him to Q: What are the requisites of proving a lost or
write his name, and the instrumental witnesses destroyed will?
of the will must affix their signatures on the left A: The loss or destruction of a will may only be
margin of each and every page of the will, proved upon the concurrence of the following
except: requisites:
1. Its execution and validity are established
a) In the last pages, when the will consists 2. It must have been in existence at the time of the
of two or more pages;
b) When the will consists of only one fraudulently or accidentally destroyed during
page; and the lifetime of the testator without his
c) When the will consists of two pages, knowledge; and
the first of which contains all the 3. Its provisions must be clearly and distinctly
testamentary dispositions and is proved by at least two credible witnesses (R76,
signed at the bottom by the testator S6)
and the witnesses, and the second
contains only the attestation clause Q: Can a lost holographic will be proven by oral
duly signed at the bottom by the testimony?
witnesses A: No. If the holographic will has been lost or
destroyed and no other copy is available, the will
4. Page numbering cannot be probated because the best and only
evidence is the handwriting of the testator in said

will. It is necessary that there be a comparison

between sample handwritten statements of the Q: Who can be an executor or administrator?
testator and the handwritten will. But, a photostatic A: Anyone who is:
copy of the holographic will may be allowed because 1. At least 18 years old
comparison can be made with the standard writings 2. A resident of the Philippines; and
of the testator. (Bonilla v. Aranza, G.R. No. L-58509, 3. The court deems such person as fit.
1982)
Q: Who are INCOMPETENT to Serve As
Q: When can other witnesses, not subscribing Executors/Administrators?
witnesses, testify? 1. Minor
A: The court may examine witnesses other than 2. Non-resident
subscribing witnesses in the following instances: 3. One who, in the opinion of the court, is unfit to
1. The subscribing witness is insane; exercise the duties of the trust by reason of:
2. The subscribing witness is dead; or a) Drunkenness
3. None of the subscribing witnesses reside in the b) Improvidence
Philippines (R76, S7) c) Want of understanding/integrity
d) Conviction of an offense involving
Q: What are the grounds for Disallowance of moral turpitude
Will?
A: Note: The executor of an executor cannot
1. If the formalities required by law (execution and administer the estate of the first testator (R78, S2).
attestation) have not been complied with
2. If the testator was insane, or otherwise mentally Q: What is an administrator de bonis?
incapable of making a will at the time of its A: An administrator de bonis is appointed by the
execution court as the new administrator after the death of an
3. If it was executed through force or under executor who was not able to settle the estate of the
duress, or the influence of fear or threats first decedent during his lifetime.
4. If it was procured by undue and improper (Villanueva v. Chavez, GR No. 7671, 1913).
pressure and influence on the part of the
beneficiary or of some other person Q: Can corporations be executors or
5. If the signature of the testator was procured by administrators?
fraud or trick A: Yes. A corporation / association authorized to
6. If the testator acted by mistake or did not intend conduct the business of a trust company in the
that the instrument he signed should be his will Philippines may be appointed as an executor,
at the time of affixing his signature thereto (R76, administrator, guardian of an estate, or trustee, in
S9; Art. 839, NCC) like manner as an individual; but it shall not be
appointed guardian of the person of a ward. (Art.
The list is exclusive. No other grounds can serve to 1060, NCC)
disallow a will.
Q: Can the debtor of the estate be an
Q: What is the effect of the finality of the administrator of such estate?
allowance of a will? A: No. If one has liabilities to the estate, he cannot
A: After the finality of the allowance of a will, the perform the duties of an administrator. This is
issue as to the voluntariness of its execution considered an adverse interest to the estate which
(soundness of mind, formal requisites of the will) renders him unsuitable to act as administrator.
cannot be raised anymore. (Lim v. Diaz-Millarez, G.R. No. L-17633, 1966).
(Gallanosa v. Arcangel, G.R. No. L-29300, 1978).
Q: What is an ancillary administrator?

A: An administrator over the estate of the decedent
domicile. (Johannes v. Harvey, G.R. No. 18600,

1992; Tayag v. Benguet, G.R. No. L-23145, 1968).
Administration extends only to the assets found

within the jurisdiction of the court issuing the letter
of administration. (See Leon & Ghezzi v.
Manufacturer Life Ins., G.R. No. L-3677, 1951)

Comparative Table of Authority Issued. (Angeles v. Maglaya, G.R. No. 153798, 2005)
WHEN
AUTHORITY DEFINITION
ISSUED Q: Is the order of preference mandatory upon
The authority The executor the courts?
issued to the is: A: No. The order of preference is not absolute and
executor 1. Competent may be disregarded for valid cause despite the
Letters named in the 2. Accepts the mandatory tenor in the opening sentence of Rule 78
Testamentary will to trust; and for its observance. (Gabriel v. CA, G.R. No. 101512,
manage and 3. Gives the 1992)
administer required bond
the estate Q: When are Co-Administrators are allowed?
The authority There is a will 1. To have the benefits of their judgment and
issued by the but the perhaps at all times to have different interests
court to a executor is: represented (Suntay III v. Cojuangco-Suntay,
competent 1.Incompetent G.R. No. 183053, 2012);
person to ; 2. Where justice and equity demand that opposing
administer 2. Refuses the parties / factions be represented in the
Letters management of the estate of the deceased (Id.);
the estate of trust; or
Administratio 3. Where the estate is large, or from any cause, an
the 3. Fails to give
n with the Will intricate and perplexing one to settle (Id.)
deceased if required
Annexed 4. To have all interested persons satisfied and the
the executor bond.
named in the representatives to work in harmony for the best
will refuses interest of the estate (Gabriel v. CA, G.R. No.
to accept the 101512, August 7, 1992); and
office, or is 5. When a person entitled to the administration of
incompetent. an estate desires to have another competent
The authority Decedent dies person associated with him in the office.
issued by the intestate; or
court to a N.Y.S. 597)
competent The will is void
person to or is not Q: What is the effect of an appeal of the
Letters of administer admitted to appointment of a regular administrator?
Administratio the estate of probate. A: If there is no regular administrator yet, the court
n the may appoint a special administrator in the
deceased meantime. If there is already a regular administrator
who died and the appeal is regarding an appointment of a new
intestate or administrator, pending appeal, and in the absence
with a void of any order for the immediate execution of the order
will. of substitution, the old administrator has the right to
continue as such until the appeal is finally disposed
Q: What is the Order of Preference in Granting of. (Herrera, Remedial Law III-A Special
Letters of Administration? Proceedings and Special Rules Implementing the
1. Surviving spouse or Family Courts Act of 1997, 2005)
2. next of kin or
3. both in the discretion of the court, Pending appeal of an order substituting an old
4. or to such person as the abovementioned administrator with a new administrator, a special
requests to have appointed, if competent and administrator may NOT be appointed.
willing to serve. (Relucio v. San Jose,G.R. No. L-4683 May 29,
5. Principal creditor of the decedent. 1952)
6. Any other qualified person as determined by the
court. Q: Can properties of the estate be subject to
attachment?
Q: Can a probate court pass upon the question A: No. Properties under the name and possession
of filiation? of an administrator are considered as properties in
A: Yes. The probate court may pass upon the custodia legis. Thus, they cannot be attached even
question of filiation to determine next of kin, by creditors of the decedent. (Lizaragga v. Abada,
especially when the application for letters of 49 Phil. 124, G.R. No. 13910, 1919)

Q: What are the Restrictions on the Power of an Empowered to pay Not empowered to pay
Administrator/Executor? and discharge all the and discharge all debts of
1. Cannot acquire by purchase, even at public or debts of the estate. the estate.
judicial auction, either in person or mediation of WHEN APPOINTED?
another, the property under administration Decedent dies Delay in granting letters
2. Cannot borrow money without authority of the intestate. testamentary or of
court administration.
3. Cannot speculate with funds under
administration When executor or
4. Cannot lease the property under administration administrator is a claimant
for more than one (1) year Decedent fails to against the estate, but
5. Cannot continue the business of the deceased appoint an executor in only as to the portion over
unless authorized by the court the will. which there is a claim.
6. Cannot profit by the increase/decrease in the
value of the property under administration Q: Differentiate Removal from Revocation in
relation to the Executor/Administrator
Q: When are special administrators appointed? REMOVAL REVOCATION
1. Delay in granting of letters testamentary or of GROUNDS
administration, including appeal in the probate 1. Neglect to render 1. If the letters of
of the will. (R80, S1) accounts (within administration
2. Executor is a claimant of the estate he one (1) year when have been granted
represents. (R86, S8) In this case, a special the court directs) because of the
administrator shall be appointed by the court 2. Neglect to settle belief that the
with respect to such claim. estate according to decedent had died
the Rules of Court intestate; and
Q: Is Publication and Notification Jurisdictional 3. Neglect to perform 2. Subsequently, a
for the appointment of a special administrator? an order/judgment will is discovered
A: The requirement of a hearing and the notification of the court or a and allowed by the
to all the known heirs and other interested parties as duty expressly court
to the date thereof is essential to the validity of the provided by the
proceeding for the appointment of a special Rules of Court
administrator. (De Guzman v. Angeles, G.R. No. 4. Absconding
78590, 1988) 5. Insanity or
incapacity or
Q: When does the powers of Special unsuitability to
Administrator cease? discharge the trust
A: When letters testamentary or of administration (R82, S2)
are granted and questions causing the delay are
resolved, on the estate of the deceased, the powers There was a valid No authority to issue
of the special administrator shall cease. appointment but the the letters of
administrator is no administration to the
Q: Distinguish Regular from Special longer qualified to person in the first
Administrator remain as such. place.
REGULAR ADMIN SPECIAL ADMIN
APPEALABLE? NOTE: Other Grounds for Removal under Case
The appointment is Interlocutory, and not Law
final, and thus appealable. 1. Court loses confidence in the administrator (Co
appealable. v. Rosario, G.R. No. 160671, 2008);
Remedy is R65 petition. 2. An administrator who disbursed funds of the
ORDER OF REFERENCE IN R78,6 estate without judicial approval (Cotia v.
Applicable but not Does not apply but can be Jimenez, G.R. No. L-12132, 1958);
mandatory. referred to by the Court. 3. False representation by an administrator in
securing his appointment (Cobarubbias v.
(Tan v. Geodorio, G.R. Dizon, G.R. No. L-225, 1946);
No. 166520, 2008) 4. An administrator who holds an adverse interest
POWER TO PAY DEBTS TO THE ESTATE to that of the estate, or by his conduct showing
his unfitness to discharge the trust (Uy v. Ca,
G.R. No. 167979, 2006); and

5. An administrator who has the physical inability Q: In what ways can the creditor-mortgagee
and consequent unsuitability to manage the claim from the estate?
estate (De Borja v. Tan, G.R. No. L-6476, A: A creditor holding a claim against the deceased
1955). secured by mortgage or other collateral security
may:
2. Claims against the estate 1. Abandon the security and prosecute his claim
against the estate and share in the general
Q: When can creditors file claims against the distribution of the assets of thereof;
estate? 2. Foreclose his mortgage or realize upon his
A: After granting letters testamentary or of security by action in court, making the executor
administration, the court shall issue a notice or administrator a party defendant and if there
requiring all persons having money claims against is judgment for deficiency, he may file a
the decedent to file them in the office of the clerk of contingent claim against the estate within the
court. (R86, S1) statute of non-claims; or
3. Rely solely on his mortgage and foreclose
Q: What Claims That May Be Filed Against The (judicial or extrajudicial) the same at any time
Estate? within the period of the statute of limitations but
1. Money Claims; he cannot be admitted as creditor and shall not
2. Claims for Funeral Expenses; receive in the distribution of the other assets
3. Claims for Last Sickness of the Decedent; of the estate. He will have no right to claim
4. Judgment for Money Against The Defendant deficiency. (R86, S7; PNB v. CA, G.R. No.
(R86, S5) 121597, 2001)
Q: What are Money Claims? The above remedies are distinct, independent, and
A: This refers to all money claims arising out of exclusive of each other. (PNB v. CA, G.R. No.
contract, quasi-contract, or law but do not refer to 121597, 2001).
those arising from crime or quasi-delict. Claims for
money which are founded on tort or crime are not This rule applies to mortgages entered into by the
money claims and should thus be filed against the decedent prior to his death, but also to mortgages
executor or administrator or against the heirs. entered into by the administrator/executor for the
(People v. Bayotas, G.R. No. 102007, 2004) benefit of the estate. (PNB v. CA, G.R. No. 121597,
2001).
Q: Are contingent claims also subject to the
statute of non-claims? Q: What is the Statute of Non-claims?
A: Yes. The rules provide that a contingent claim is A: The Statute of non-claims refers to the specific
to be presented in the administration proceedings in period fixed by the probate court (following the 6-12
the same manner as any ordinary claim, and that month range) for the filing of claims against the
when the contingency arises which converts the estate for examination and allowance; otherwise,
contingent claim into a valid claim, the court should the claims are barred forever.
then be informed that the claim had already
matured. (Buan v. Laya, G.R. No. L-7593, 1957) The guidelines as to the statutes of non-claims are
as follows:
Q: What happens to actions for money claims 1. The period fixed by the probate court must not
that are already pending in court against the be less than six months nor more than 12
decedent at the time of his death? months from the date of first publication of the
A: When the action is for recovery of money arising notice
from contract, express or implied, and the defendant 2. Such period once fixed by the court is
dies before entry of final judgment in the court in mandatory and it cannot be shortened
which the action was pending at the time of such 3. The statute of non-claims supersedes the
death, it shall not be dismissed but shall instead be statute of limitations.
allowed to continue until entry of final judgment. A
favorable judgment obtained by the plaintiff therein Note: The statute of non-claims supersedes the
shall be enforced in the manner especially provided statute of limitations insofar as the debts of
in these Rules for prosecuting claims against the deceased persons are concerned because if a
estate of a deceased person. (R3, S20) creditor fails to file his claim within the time fixed by
the court in the notice, them the claim is barred
forever. (In re: Estate of De Dios, G.R. L-7940, Mar.
27, 1913).

Exception 1: Extension Q: What are the Requisites for the Estate to be

The court, for good cause shown, may grant a one- Retained to Meet Contingent Claims?
month period for a creditor to file a claim which he 1. Contingent claim is duly filed within the two (2)
failed to bring during the original period granted for year period allowed for the creditors to present
the filing of claims. claims;
2. Court is satisfied that the claim is valid;
Such motion for leave to file a claim beyond the 3. The claim has become absolute. (R88, S5)
original period may be filed at any time during the
administration proceedings provided no order of Q: What happens to contingent claims which
distribution has yet been entered. mature after two years?
(Aquino, et al. v. Aquino, 103 Phil. 1107; cf. Danan, A: The assets retained in the hands of the executor
et al. v. Buencamino, etc., et al., G.R. No. 57205, administrator, not exhausted in the payment of
1981) claims, shall be distributed by the order of the court
to the persons entitled to the same. But the assets
Exception 2: Counterclaim so distributed may still be applied to the payment of
Claims not filed within the time given in the notice the claim when established, and the creditor may
may be set forth as counterclaims in any action that maintain an action against the distributees to
the executor or administrator may bring against the recover the debt, and such distributees and their
claimants. (R86, S5) estates shall be liable for the debt in proportion to
the estate they have respectively received from the
Q: Are judgements for a money claim against the property of the deceased. (R88, S5)
deceased enforceable by writ of execution?
A: No. A judgment against the deceased for a Q: Can heirs take possession of properties of
money claim must be filed as a claim before the the estate before distribution?
probate court. If death of the defendant occurred A: Yes. However, they become liable to contribute
prior to levy, the judgment is not enforceable by writ for the payment of debts and expenses, and the
of execution. The judgment creditor must file a claim court, after hearing, may settle the amount of their
in the probate court. several liabilities, and order how much and in what
manner each person shall contribute. (R88, S6) This
Q: Are debts acknowledged by the testator in his is one of the exceptions where the probate court can
will excused from the requirement to file a claim issue a writ of execution.
with the estate? Q: What is the time period for payment of debts?
A: No. Even if the testator acknowledged the debt in A: Shall not exceed one (1) year in the first instance;
his will and instructed the executor to pay such debt, but court may extend on application of executor /
the Statute of Non-Claims must still be complied administrator and after hearing and notice thereof.
with. (Santos v. Manarang, G.R. No. L-8235, 1914) Extension must not exceed six (6) months for single
extension. The whole period allowed to the original
3. Payment of debts of the estate executor / administrator shall not exceed two (2)
years.
Q: What are the requirements before the
payment of money claims against the Estate? The successor of dead executor/administrator may
A: The following must concur: be allowed an extension not to exceed six (6)
1. A hearing is conducted months. (R88, S15)
2. The amounts of such claims are ascertained,
and Q: What is
3. There are sufficient assets to pay the debts. or disapproval of a money claim against the
estate?
Q: When can the court authorize the sale or A: The judgment of the court approving or
encumbrance of properties of the estate? disapproving a claim shall be appealable. (R86,
A: First, to pay the obligations of the estate: S13)
a) To pay the debts and expenses of
administration.
b) To pay legacies.
c) To cover expenses for the preservation
of the estate. (R89, S1)
Second, where the sale or encumbrance is
beneficial to interested persons (R89, S4).

4. Actions by and against defendant (Vda. De Reyes v CA, G.R. No. L-

executors and administrators 47027, 1989)
Q: What are actions that are commenced against Q: When can the executor or administrator bring
the executor or administrator? an action to recover property fraudulently
A: Only the following actions may be commenced conveyed by the deceased?
against the executor or administrator: A: When there is a deficiency of assets in the
1. Recovery of real/personal property (or any hands of an executor or administrator for the
interest therein) from the estate; payment of debts and expenses of administration
2. Enforcement of a lien thereon; and the deceased fraudulently conveyed
3. Action to recover damages for an injury to property to avoid any right debt or duty. The action
person or property, whether real or personal. would be for the benefit of the creditors. However,
(R87, S1) he shall not be bound to commence the action
unless the following are satisfied:
Comparative Table: Rule 86 vs. Rule 87 1. Upon application of the creditors;
RULE 86 RULE 87 2. The creditors making the application pay such
As to whom it may be commenced part of the costs and expenses;
Actions that may be Actions that may be 3. Give security therefore to the executor or the
commenced against commenced directly administrator. (R87, S9)
the estate of the against the Executor /
deceased. Administrator. Q: When can a creditor bring an action for the
As to Actions Covered recovery of property on behalf of the estate of
Money claims, Recovery of real or the deceased debtor?
debts incurred by personal property; 1. There is a deficiency of assets in the hands of
the deceased Recovery of any an executor/administrator for the payment of
during his lifetime, Interest therein debts and expenses of administration.
arising from from the estate; 2. In his lifetime, the deceased had made or
Contract; Enforcement of a attempted to make a fraudulent conveyance of
Claims for Funeral Lien thereon; or his property or had so conveyed such property
expenses or for that by law, the conveyance would be void as
Actions to recover
the last Sickness against other creditors.
damages for any
of the decedent; or 3. The subject of the attempted conveyance would
Injury to person or
Judgement for be liable to attachment in his lifetime.
property, real or
money against the 4. The executor/administrator has shown no
person (i.e., torts).
decedent. desire to file the action or failed to institute the
same within a reasonable time.
5. Leave is granted by the court to the creditor to
Q: When can heirs sue for recovery of property
file the action.
of the estate?
6. A bond is filed by the creditor.
A: When there is an order of the court assigning
7. The action by the creditor is in the name of the
such lands to such heir or until the time for paying
executor/administrator.
debts has expired. (R87, S3)
BUT where the grantee of the property is the
General Rule: Heirs have no legal standing to sue
executor or administrator himself, bond and leave or
for recovery or protection of property rights of the
court is not required. The action should be in the
deceased.
name of all the creditors.
Exceptions:
5. Distribution and partition
1. Pending the filing of administration proceedings
2. Administration proceedings have already been
Q: When does the probate court lose its
commenced, but an administrator has not yet
jurisdiction over the estate?
been appointed. (Go Chan v. Young, G.R. No.
A: The finality of the project of partition by itself
131889, 2001)
alone does not terminate the probate proceeding.
3. The executor or administrator is unwilling or
The probate court loses jurisdiction of an estate
refuses to bring suit (Rioferio v. CA, G.R. No.
under administration only after the payment of all the
129008, 2004)
debts and the remaining estate delivered to the heirs
4. The executor is alleged to have participated in
entitled to receive the same. (Guilas v. CFI of
the act complained of and he is made a party
Pampanga, G.R. No. L-22695, 1972)

Q: What are the remedies of an heir entitled to Q: Where is a petition for escheat filed?
residue but not given his share? A: Regional Trial Court of province where the
1. A heir entitled to the reside of the estate may deceased last resided OR in which he had estate
demand his share through the following causes (R91, S1).
of action:
2. A motion in the same probate or administration Q: When can unclaimed deposits in banks be
proceedings; or subject to escheat?
3. A motion to reopen the settlement proceedings A: Unclaimed Balances Act (dormant accounts for
if it had been closed. 10 years shall be escheated). (Act No. 3936 as
(Guilas v. Judge of CFI, G.R. No. L-26695, 1972) amended by PD No. 679, Sec. 1) The escheat
petition here shall be filed in the RTC of the place
Q: What is the remedy of a Preterited Heir? where the dormant deposits are found (Act No.
A: The intestate proceedings, although closed and 3936, Sec. 3).
terminated, can still be opened within the
prescriptive period upon petition by the preterited Q: Can escheat proceedings be converted into
heir. (Solivio v CA, G.R. No. 83484, 1990) settlement of estate proceedings?
A: No. Once escheat proceedings are instituted, the
B. ESCHEAT jurisdiction acquired cannot be converted into one
for the distribution of the properties of the decedent.
Q: What are Escheat proceedings? (Municipalities of Magallon v. Bezore, G.R. No. L-
A: Escheat proceedings refer to the judicial process 14157, 1960).
in which the state, by virtue of its sovereignty, steps
in and claims abandoned, left vacant, or unclaimed Q: Is there a publication requirement for
property, without there being an interested person escheats?
involving a legal claim thereto. A: Yes. If the petition is sufficient in form and
(RCBC v. Hi-Tri Development Corporation, G.R. No. substance, the court by order shall set a date and
192413, 2013). place for the hearing of the petition. Such order must
be published before the hearing at least once a
Q: What are the three kinds of escheats? week for six (6) successive weeks in a newspaper
1. When a person dies intestate leaving no heir but of general circulation. (R91, S2)
leaving property in the Philippines (R91, S1).
2. Reversion Proceedings sale in violation of the Q: To Whom will the Escheated Property be
constitutional provision (R91, S5). assigned?
3. Reversion will not be allowed even if the original A: It depends if the property is personal property or
buyer was an alien, if later on the title to the real property.
property was transferred by succession to the 1. Personal property municipality or city where
the decedent last resided in the Philippines
Filipino citizens). (Republic v. ROD Roxas City, 2. Real property municipality or cities,
GR No. 158230, 2008). respectively in which the same is situated.
Q: When to file a petition for escheat? Note: If the deceased never resided in the
A: The following must be present: Philippines, the whole estate may be assigned to the
1. A person dies intestate; respective municipalities or cities where the same is
2. The decedent left no heirs or other persons located. (R91, S3)
entitled by law to the same;
3. The decedent left properties (R91, S1; City of Use of Escheated Property
Manila v. Roman Catholic Archbishop, GR No. Such estate shall be for the benefit of public schools,
L-10033, 1917). public charitable institutions and centers in said
municipalities or cities.
Q: Who files a petition for escheat?
A: The Solicitor General or his representative in Q: Who can file a claim on escheated estate
behalf of the Republic of the Philippines (R91, S1). properties and what is the period for filing?
The Government is the real party-in-interest in A: Any of the following may file a claim on the
escheat proceedings. (Manese v. Sps. Velasco, escheated estate within 5 years from the date of
G.R. No. 164024, 2009). judgment in the escheat proceedings:
1. Devisee
2. Legatee
3. Heir

4. Widow/Widower; or Q: Who are considered Incompetent for the

5. Any person entitled to such estate. (R91, S4) purposes of guardianship proceedings?
A: An INCOMPETENT Includes (CLEP-DUN2):
C. GUARDIANSHIP 1. Persons suffering the penalty of Civil
interdiction;
Q: What are the different kinds of guardians? 2. Hospitalized lepers;
1. Legal Guardian 3. Prodigals;
2. Guardian ad litem 4. Deaf and dumb who are unable to read and
3. Judicial Guardian write;
5. Those who are of unsound mind even though
ACCORDING TO they may have lucid intervals;
Scope or Extent Constitution 6. Persons not being of unsound mind but by
1. Guardian of the 1. Legal deemed as reason of age, disease, weak mind or other
person guardians causes CANNOT without outside aid, take care
2. Guardian of the WITHOUT need of themselves and manage their property. (Rule
property for appointment 92, Sec. 2)
3. General guardian 2. Guardian ad litem
those appointed appointed by the 2. Appointment of guardians
by the court to court in an action in
have care and court Q: Who may petition for appointment of a
custody of the 3. Judicial guardian?
person AND all of appointed by the Resident
Minor
his property. court in pursuance Incompetent
to law (i.e. 1. Any Relative; 1. Relative
guardian for insane 2. Friend; 2. Other person on
persons or 3. Other person in behalf of the minor
prodigals etc.) behalf of resident 3. Minor himself if 14
incompetent who years of age or
NOTE: Rules 92-97 only applies to guardianship has no parent or over
over incompetents who are not minors. lawful guardian; 4. DSWD and DOH,
Guardianship for minors is now covered by AM No. 4. The Director of in case of an
003-03-05-SC (Rule on Guardianship of Minors). Health in favor of insane minor who
an insane person needs to be
1. Venue who should be hospitalized
hospitalized or of 5. Anyone Interested
Q: Where are Guardianship Proceedings an isolated leper. in the estate of a
instituted? nonresident minor
in case the minor
Ward Court
is a nonresident
Resident
with property
Incompetent
within the
RTC of the place where the
Non-Resident Philippines
(R92,
Incompetent
S1).
Q: Who may be appointed guardians of minors?
Family Court (Rule on
Minor A:
Guardianship of Minors, S3).
1. Surviving grandparent; in case several
grandparents survive, the court shall select any
Q: Can the guardianship court determine title of them taking into account all relevant
over properties? considerations
A: No. This should be threshed out in a separate 2. The oldest brother or sister of the minor over 21
action. The Guardianship Court does not have years of age, unless unfit or disqualified
jurisdiction to settle the controversy as to who has a 3. The actual custodian of the minor over 21 years
better right or title to the properties conveyed in the of age, unless unfit or disqualified
course of the guardianship proceedings. 4. Any other person, who in the sound discretion
(Parco v. CA, G.R. No. L-33152, 1982). of the court, would serve the best interests of
the minor (Rule on Guardianship of Minors, S6)

Q: Can a creditor of the ward act as guardian? Q: When do parents file a bond to exercise legal
A: No. If the interested person is a creditor and guardianship over the person and property of
mortgagee of the estate of the minor, he cannot be their minor children?
appointed guardian of the person and property of A: When the value of the property or the annual
the latter. (Garchitorrena v. Sotelo, G.R. No. L- income of the child value exceeds P50,000:
47867, 1942). a. The parent concerned files a verified
petition for the approval of the bond,
Q: Is publication jurisdictional for guardian the amount of which the court may
proceedings? determine
A: No. What is jurisdictional is notice to the b. BUT: The value of the bond must not
following: be less than 10% of the value of the
1. to persons mentioned in the petition AND property of annual income of the child
2. to the incompetent himself (or minor if 14 years (Art. 225, FC)
old or over) (Rule 93, Sec. 3).
Notice is essential in order to confer jurisdiction on 3. General powers and duties of
the court where a petition for guardianship is filed. guardians
(Herrera, Remedial Law III-A Special Proceedings
and Special Rules Implementing the Family Courts Q: What are the General Powers and Duties of
Act of 1997, 2005) Guardians?
1. To pay the ward's just debts out of:
At the hearing, the incompetent must be present, if a. The personal estate and the real
able to attend and there must be a showing that
notice was given. The court shall hear the evidence b. The real estate, if sufficient and only
of the parties and if the person in question is indeed upon obtaining court order. (R96, S2)
an incompetent, it shall appoint a suitable guardian
of his person or estate, or both, with the powers and 2. To ; demand,
duties hereinafter specified. (R93, S5) sue for or receive for all debts due the ward, or
for the same and give discharges to the debtor,
Q: What are the grounds to oppose the petition? on receiving a fair and just dividend of the estate
A: Any interested person may file a written and effects; and appear for the ward in all
opposition on the following grounds: actions/proceedings, unless another person is
1. Competency of the alleged incompetent; and appointed for that purpose. (R96, S3)
2. Unsuitability of the person for whom letters are
prayed. (R93, S4) 3. To
without waste; apply the income / profits to the
Q: Who May Petition for Judicial Determination comfortable and suitable maintenance of the
ward and his family; and if the income / profits
1. A person who has been declared incompetent are insufficient, sell/encumber the real estate
2. His guardian; (upon court authorization). (R96, S4)
3. Relative;
4. Friend. (R97, S1) 4. To render an inventory
within three (3) months after his appointment
Q: Who May Oppose the Petition for Judicial and annually thereafter, and upon application of
interested persons
1. Guardian;
2. Relative of the ward; 5. If any property of the ward not included in an
3. Any other person, in the discretion of the court. inventory already rendered is discovered /
(R97, S1) acquired by the ward, like proceedings shall be
had for inventory and appraisement within three
The petition shall be verified under oath. A hearing (3) months; (R96, S7)
will then be set by the court and reasonable notice
shall be given to the guardian of the incompetent 6. To render an accounting of the property for
and to the incompetent himself. If it be found that the one (1) year from his appointment and every
person is no longer incompetent, his competency year thereafter, and upon application of
shall be adjudged and the guardianship shall cease. interested persons.
(R97, S1)

Q: Can the guardianship court order the return 4. Termination of guardianship

of the property of the ward found to have been INCOMPETENTS MINORS
embezzled? AS TO GROUNDS TO TERMINATE
A: General Rule: The guardianship court exercising GUARDIANSHIP
special and limited jurisdiction cannot actually order 1. Competency of 1. The ward has come
the delivery of the property of the ward found to be the ward has of age
embezzled, concealed or conveyed. been judicially 2. The ward has died
determined; (Rule on
Exception: Only in extreme cases, where property (R97, S1) Guardianship over
clearly belongs to the ward or where his title thereto 2. Death of guardian Minors, Sec. 25)
has been already judicially decided, may the court or of ward;
direct its delivery to the guardian. Where the right 3. Guardianship is
or title of said ward is clear and undisputable. no longer
(Parco v. CA, G.R. No. L-33152, 1982) necessary. (R97,
S3)
Q: When can the guardian sell or encumber the
property of the ward? AS TO GROUNDS TO REMOVE GUARDIAN
A: The guardian may present a verified petition 1. Guardian 1. Insanity
stating that: becomes insane; 2. Becomes incapable
1. Income of estate is insufficient to maintain the 2. Incapable of of discharging his
ward and his family; or discharging trust; trust
2. When it is for the benefit of the ward. (R95, S1) 3. Unsuitable to 3. Found to be
discharge unsuitable
If it appears to be probable that such sale or functions; 4. Has
encumbrance is necessary or is beneficial, the court 4. Wastage or wasted/mismanaged
shall make an order directing the next of kin of the mismanagement the property of the
ward or all persons interested in the estate to appear of the property of ward
and show cause why the petition should not be the ward 5. Has failed to render
allowed. (R95, S2) 5. Failure to render an account or make
account or make a return for thirty
Q: What is the period of validity of the order of a return within days after it is due
sale of the property of the ward? thirty (30) days
A: No order of sale granted shall continue in force after it was due. NOTE: Before a motion
more than one (1) year after granting the same, (R97, S2) for removal or
without a sale being had. (R95, S4) resignation may be
granted under Sec. 24,
Q: Does the lack of prior court approval render the guardian must submit
the investment of proceeds of sale or the proper accounting of
encumbrances void? the property of the ward
A: No. While Sec. 5 requires judicial authority in and the court has to
approve the same.
it does not provide that said authority must be either
prior to or expressed.
(PTC v. Ballesteros, G.R. No. L-8532, 1957). Rule on Guardianship Over Minors
(A.M. No. 03-02-05-SC, effective May 1, 2003)
The court's approval of the annual inventories and Rule on Guardianship
accounts submitted by the guardian, with the Rules 92-97
of Minors
conformity of the U. S. Veterans Administration and Guardianship of
the mother of the minors, where the investment of Guardianship of
incompetents who are
the properties of the wards made without securing minors.
not minors.
previous judicial authority, was mentioned and
accounted for, amounts to a ratification of the acts Q: Who are minors?
of the guardian and compliance with the provisions 1. Persons who are below 18 years of age; or
of Section 5, Rule 95 of the Rules of Court. 2. Those over 18 years of age but unable to fully
(Stegner v. Stegner, G.R. No. L-8532, 1957) take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation, or
discrimination, because of a physician or mental
disability or condition (Sec. 1).

D. WRIT OF HABEAS CORPUS Q: What are the instances when the writ of
habeas corpus is not proper?
Q: What is the Writ of Habeas Corpus? A:
A: 1. For asserting or vindicating denial of right to bail
Under Section 1, the writ of habeas corpus shall (Galvez v. CA, G.R. No. 114046, 1994);
extend to all cases of illegal confinement or 2. For correcting errors in appreciation of facts or
detention by which any person is deprived of his appreciation of law where the trial court had
liberty, or by which the rightful custody of any person no jurisdiction over the cause, over the person
is withheld from the person entitled thereto except of the accused, and to impose the penalty
as otherwise expressly provided by law. (R102, S1) provided for by law, the mistake committed by
the trial court, in the appreciation of the facts
Note: Actual physical restraint is not required; any and/or in the appreciation of the law cannot be
restraint which will prejudice freedom of action is corrected by habeas corpus (Sotto v. Director of
sufficient. (Moncupa v. Enrile, G.R. No. 63345, Prisons, G.R. No. L-18871, 1962);
1986) 3. Once a person detained is duly charged in
court, he may no longer file a petition for habeas
Q: What is the purpose of the Writ of Habeas corpus. His remedy would be to quash the
Corpus? information or warrant. (Rodriguez v. Judge
A: The object of the writ of habeas corpus is to Bonifacio, A.M. NO. RTJ-99-1510, 2000);
inquire into the legality of the detention, and, if the 4. Even granting that a person was illegally
detention is found to be illegal, to require the release arrested, the petition for a Writ of Habeas
of the detainee (Mangila v. Judge Pangilinan, G.R. Corpus will NOT prosper because the detention
No. 160739, 2013).
complaint filed against him. (Velasco v. CA,
Q: When is habeas corpus proper? G.R. No. 116884, 1995);
A: 5. If the accused was illegally detained, the proper
1. All cases of illegal confinement/detention by remedy would be the quashal of the warrant of
which any party is deprived of his liberty; arrest and NOT a Writ of Habeas Corpus.
2. If the rightful custody of a person is withheld (Ilagan v. Enrile, G.R. No. 70748, 1985)
from the one entitled to it.
3. As a post-conviction remedy, it may be allowed Q: Is habeas corpus proper when other
when, as a consequence of a judicial remedies are available?
proceeding, any of the following exceptional A: The writ is not ordinarily granted where the law
circumstances is attendant: provides for other remedies in the regular course,
a. there has been a deprivation of a and in the absence of exceptional circumstances.
constitutional right resulting in the Moreover, habeas corpus should not be granted in
restraint of a person; advance of trial. The orderly course of trial must be
b. the court had no jurisdiction to impose the pursued and the usual remedies exhausted before
sentence; or resorting to the writ where exceptional
c. the imposed penalty has been excessive, circumstances are extant. In another case, it was
thus voiding the sentence as to such held that habeas corpus cannot be issued as a writ
excess. (Go vs. Dimagiba, G.R. No. of error or as a means of reviewing errors of law and
151876, June 21, 2005) irregularities not involving the questions of
4. Invasion or rebellion, when public safety jurisdiction occurring during the course of the trial,
requires it. (Article VII, Section 18 of the 1987 subject to the caveat that constitutional safeguards
Constitution) of human life and liberty must be preserved, and not
destroyed. (Mangila v. Judge Pangilinan, G.R. no.
Q: Is the Writ of Habeas Corpus Proper only 160739, 2013).
when there is unlawful detention?
A: No. Writ of habeas corpus is also a proper Exception:
remedy to enable parents to regain custody of a It does not, however, follow that if certiorari is
minor, even if the minor is in the custody of a 3rd available, an application for a writ of habeas corpus
person of his own free will. (Sombong v. CA, G.R. will absolutely be barred. Writ of Habeas Corpus
No. 111876, 1996) may, nevertheless, be available in EXCEPTIONAL
CASES, for the writ should not be considered
Rationale: Custody cases involving minors are subservient to procedural limitations which glorify
prosecuted to determine custody rights over a child. form over substance. It must be kept in mind that
although the question most often considered in both

habeas corpus and certiorari proceedings is 6. Any Metropolitan Trial Judge, Municipal Trial
whether an inferior court has exceeded its Judge, Municipal Circuit Trial Judge, MAY hear
jurisdiction, the former involves a collateral attack on and decide petitions for a Writ of Habeas
the judgment and reaches the body but not the Corpus in that province or city ONLY in the
record, while the latter assails directly the judgment absence of ALL Regional Trial Court judges in
and reaches the record but not the body. (Velasco a province or city (B.P. 129).
v. Court of Appeals, G.R. No. 118644, 1995)
Q: Where is the writ enforceable?
Note: Void Judgment of Conviction A: If granted by the Supreme Court or the Court of
In a case where there is a conviction but a violation Appeals, it shall be enforceable anywhere in the
of right against self-incrimination is indeed violated, Philippines; or if granted by the Regional Trial Court,
the Writ of Habeas Corpus shall issue. Said void it is enforceable only within his judicial district (Rule
judgment of conviction may be challenged by an 102, Sec. 2, Rules of Court).
attack through Habeas Corpus. This writ may issue
even if another remedy which is less effective may Q: What if the party subject of the petition is
be availed of by the defendant. Thus, failure by the
accused to appeal does not preclude a recourse to A: If it appears that the prisoner was LAWFULLY
the writ. The writ may be granted upon a judgment committed AND is charged with an offense
already final. (Chavez v. Court of Appeals, G.R. No. punishable by death, he shall NOT be released,
L-29169, 1968) discharged or bailed.
Q: Who may file an application for a writ of If he is LAWFULLY imprisoned AND is charged with
habeas corpus. an offense NOT punishable by death, he MAY be
A: The application shall be by petition signed and recommitted to imprisonment OR admitted to bail in
verified by: the discretion of the judge. (Rule 102, Sec. 14,
1. The party for whose relief it is intended; or Rules of Court)
2. Some person on his behalf. (R102, S3)
Q: Distinguish peremptory writ of habeas
Q: What does the petition for a writ of habeas corpus from preliminary citation.
corpus need to include? PEREMPTORY WRIT PRELIMINARY
1. The person in whose behalf the application is CITATION
made is imprisoned or restrained of his liberty; A peremptory writ is a A writ of preliminary
2. Name of the person detaining another or written document citation requires the
assumed appellation; unconditionally respondent to appear
3. Place where he is imprisoned or restrained of commanding the and show cause why
his liberty; or respondent to have the the peremptory should
4. A copy of the commitment or cause of body of the detained not issue. If the person
person before the court is detained under
(R102, S3) at a time and place governmental authority
specified therein. and the illegality of his
Q: Who may grant a writ of habeas corpus? Issued if the cause of detention is not patent
A: the detention appears from the petition for the
1. Supreme Court or any member thereof to be patently illegal. writ, the court issues
enforceable anywhere in the Philippines and Noncompliance with the citation to the
made returnable before any court this is punishable. government officer
2. Court of Appeals or any member thereof - having custody to show
enforceable anywhere in the Philippines and cause why the habeas
made returnable before any court corpus writ should not
3. Regional Trial Court or a judge thereof issue. (Lee Yick Hon v.
enforceable only within his judicial district, Collector of Customs,
returnable only to itself (Rule 102, Sec. 2, 41 Phil 548)
Rules of Court).
4. Family Courts or a judge thereof (for writ of NOTE: In a habeas corpus petition, the order to
habeas corpus on minors) enforceable only present an individual before the court is a
within his judicial district (R.A. 8369). preliminary step in the hearing of the petition. The
5. Sandiganbayan - if it is in aid of its appellate respondent must produce the person and explain
jurisdiction (Festin, Special Proceedings: A the cause of his detention. However, this order is not
Foresight to the Bar Exam, 2nd Ed. 2011). a ruling on the propriety of the remedy or on the

substantive matters covered by the remedy. Thus, restrained before the court designated in the
the order to produce the body is not equivalent to a writ.
grant of the writ of habeas corpus (In the Matter of 2. In case of imprisonment by a person not an
the Petition for Habeas Corpus of Alejano vs. officer the writ shall be directed to an officer
Cabuay, G.R. No. 160792, 2005) and shall command him to
a. Take and have to body of the person
Q: What is the effect of the release of detained restrained before the court designated in
person on the petition? the writ; and
A: General Rule: The release, whether permanent b. Summon the private person by whom he
or temporary, of a detained person, renders the is restrained to appear before said judge
petition for habeas corpus moot and academic to show the cause of the imprisonment or
restraint. (R102, S6)
Exceptions: Petition May Prosper
When there are restraints attached to his release Note: No writ of habeas corpus can be disobeyed
which precludes freedom of action, in which the for defect or form IF it sufficiently states in whose
court can still inquire into the nature of his custody or under whose restraint the party
involuntary restraint (Villavicencio v. Lukban, G.R. imprisoned is held AND the court or judge to whom
No. L-14639, 1919; Moncupa v. Enrile, G.R. No. L- he is to be brought. (R102, S9)
63345, 1986)
Q: What is the obligation of the officer upon
Where there are grounds for grave doubts about the service of the writ of habeas corpus?
alleged release of the detainees, [such as] where A: The officer to whom the writ is directed shall
the standard and prescribed procedure in effecting convey the person imprisoned or restrained before
the release has not been followed (Dizon v. the court allowing the writ and on such date and time
Eduardo, L-59118, 1988). specified in the writ unless such person cannot be
produced without danger by reason of some
Q: When is the writ disallowed/discharged? sickness or infirmity.
A: The Writ Is Not Allowed When
1. Person is in custody of an officer The officer shall make due return of the writ,
a. Under process issued by a court or together with the day and cause of the caption and
judge; or restraint of such person. (R102, S8)
b. By virtue of a judgment; or
c. By virtue of an order of the court; Q: What shall the return contain?
AND that the court or judge HAD JURISDICTION to A: The return shall be in writing and shall state:
issue the process, render the judgment or make the 1. Whether he has or has not the party in his
order. custody or power, or under restraint;
2. Jurisdiction appears after writ is allowed 2. The authority and the true and whole cause of
3. Person is charged with or convicted of an restraint, set forth at large, with a copy of the
offense in the Philippines writ, order execution, or other process, if any,
4. Person is suffering imprisonment under lawful upon which the party is held;
judgment (Rule 102, Sec. 4, Rules of Court) 3. If the party is in his custody or power or is
restrained by him, and is not produced,
Q: What is the remedy in case of denial of particularly the nature and gravity of the
petition for Writ of Habeas Corpus? sickness or infirmity of such party by reason of
A: Recourse to the Supreme Court via a petition for which he cannot, without danger, be bought
certiorari from the decision of the CA dismissing his before the court or judge;
petition for writ of habeas corpus is inappropriate. 4. If he has had the party in his custody or power,
The petitioner should file an ordinary appeal from or under restraint, and has transferred such
the judgment of any court in habeas corpus cases custody or restraint to another, particularly to
within 48 hours from notice of the judgment whom, at what time, for what cause, and by
appealed from (Caballes v. CA, G.R. No. 163108, what authority such transfer was made. (R102,
2005). S10)
Q: To whom is the writ of habeas corpus served? The return or statement shall be signed and sworn
1. In case of imprisonment by an officer the writ to by the person who makes it if the prisoner is not
shall be directed to such officer and shall produced, unless the return is made and signed by
command him to have the body of the person a sworn public officer in his official capacity. (R102,
S11)

Q: What is the effect of failure to file a return? nullity, annulment or legal separation
A: If the return is filed by an officer who is the proceedings. (Sec. 2, A.M. NO. 03-04-04-SC)
respondent detaining the person concerned - if the
prisoner is in custody under a warrant of Q: What are the requisites for petitions for
commitment (public authority) in pursuance of law, custody of minors and the issuance of the writ
the return is considered prima facie evidence of the of habeas corpus in relation to custody of
legality of the commitment, imprisonment or minors?
restraint. (R102, S13) 1. That the petitioner has the right of custody over
the minor;
If the return is filed by an officer in case the prisoner 2. That the rightful custody of the minor is being
is restrained by a private authority or person - the withheld from the petitioner by respondent; and
return is considered only a plea of facts, and the 3.That it is to the best interest of the minor
party claiming the custody must prove such facts. concerned to be in the custody of petitioner and not
Failure to reply to the return or controvert the return that of the respondent. (Sombong v. CA, G.R. No.
is not fatal to the petition. (R102, S13) 111876, 1996)
Q: What is the effect of a discharge upon a writ Q: What is the effect of failure to appear at the
of habeas corpus? pre-trial?
A: Prisoner discharged upon a writ of habeas A: Pre-trial is MANDATORY. (Sec. 9, A.M. NO. 03-
corpus shall not be again imprisoned for the same 04-04-SC). If the petitioner fails to appear personally
offense, unless, by lawful order or process of a court at the pre-trial, the case shall be dismissed, unless
having jurisdiction over the cause or offense. his counsel or a duly authorized representative
appears in court and proves a valid excuse for the
Those who recommits or imprisons or causes to be non-appearance of the petitioner.
committed or imprisoned for the same offense any
person set at liberty, shall forfeit the sum of one If the respondent has filed his answer but fails to
thousand pesos (P1000) and may also be punished appear at the pre-trial, the petitioner shall be allowed
for contempt. (R102, S17) to present his evidence ex parte. The court shall
then render judgment on the basis of the pleadings
Writ of habeas corpus in relation to custody of and the evidence thus presented (Sec. 11, A.M. NO.
minors 03-04-04-SC)
Q: What is the writ of habeas corpus in Rules on Q: What is the order of preference for the
Custody of Minors? provisional order awarding custody?
A: Unlike under the regular writ of habeas corpus, in A: After an answer has been filed or the expiration
custody of minors, the court will adjudge who is of the period to file it, the court may issue a
entitled to custody upon return of the writ. (Sec. 20, provisional order awarding the custody of the minor.
A.M. No. 03-04-04-SC)
The following order of preference shall be observed
The main purpose of the petition for habeas corpus as far as practicable:
is to determine who has the rightful custody over the 1. Both parents jointly;
child. (Bagtas v. Hon. Santos, et al., G.R. No. 2. Either parent, taking into account all relevant
166682, 27 November 2009) considerations especially the choice of the
minor over seven (7) years of age and of
Q: When is a writ of habeas corpus proper in sufficient discernment, unless parent chosen is
relation to the custody of minors? unfit;
A writ of habeas corpus is proper in cases where 3. The grandparent, if there are several, then the
rightful custody is withheld from a person entitled grandparent chosen by the minor over seven (7)
thereto. (Salientes v. Abanilla, 2006) years of age and of sufficient discernment,
unless grandparent chosen is unfit or
Q: Who may file? disqualified;
A: 4. The eldest brother or sister over twenty-one
as it is broad enough to cover the (21) years of age, unless he or she is unfit or
following: disqualified;
1. The unlawful deprivation of the custody of a 5. The actual custodian of the minor over twenty-
minor; or one (21) years of age, unless the former is unfit
2. Which parent shall have the care and custody or disqualified; or
of a minor, when such parent is in the midst of

6. Any other person or institution the court may for reconsideration or new trial is filed. (Sec. 19,
deem suitable to provide proper care and A.M. NO. 03-04-04-SC)
guidance for the minor. (Sec. 13, A.M. NO. 03-
04-04-SC) Note: The hearings on custody of minors may, at
the discretion of the court, be closed to the public
Q: Where is the petition filed? and the records of the case shall not be released to
A: The Family Court has exclusive original non-parties without its approval (Sec. 21, A.M. NO.
jurisdiction to hear petitions for custody of minors 03-04-04-SC).
and the issuance of the writ of habeas corpus in
relation to custody of minors. The petition for
custody of minors shall be filed with the Family Court
of the province or city where the petitioner resides
or where the minor may be found.
Such petition shall be enforceable only within the

judicial region to which the Family Court belongs.
(Sec. 3, A.M. NO. 03-04-04-SC)
The petition may also be filed with the CA or the

Supreme Court and such petition shall be
enforceable anywhere within the Philippines. (Sec.
20, A.M. NO. 03-04-04-SC)
Q: Can a mother refuse to present the child?

A: The mother who has custody of the child cannot
refuse to present the child to the court after the
issuance of the writ on the basis of the child of
tender years doctrine. It is not a legal basis to
deprive the father of custody. Also, Such petition did
not grant custody to the father but merely required
the mother to bring the child to court to determine
custody. (Salientes v. Abanilla, G.R. No. 162734,
2006)
In cases involving minors, the purpose of a petition
for habeas corpus is not limited to the production of
the child before the court. The main purpose of the
petition for habeas corpus is to determine who has
the rightful custody over the child. Therefore, mere
production of the body of the child does not moot the
petition for habeas corpus if custody has not yet
been decided. (Bagtas v. Hon. Santos, GR No.
166682, 2009)
Q: What is the period to file an answer?

A: Within 5 days from service of summons and a
copy of the petition (Sec. 6)
Q: What are the provisional remedies available

pending the special proceedings?
1. Provisional order awarding custody
2. Temporary visitation rights
3. Hold Departure Order
4. Protection Order
Q: What is the process of appeal?

A: Notice of Appeal within fifteen (15) days from
notice of denial of motion for reconsideration or new
trial. No appeal shall be allowed unless a motion

E. CHANGE OF NAME
1. Differences under Rule 103, Republic Act No. 9048, and Rule 108
RULE 103 RULE 108 RA 9048 RA 10172

Substantial change of Cancellation or Clerical Error Act An Act Further
name. Correction of Entries in Authorizing the City or
the Civil Registry Municipal Civil Registrar
or the Consul General to
Correct Clerical or
Typographical Errors in
the Day and Month in
the Date of Birth of Sex
of a Person Appearing in
the Civil Register
Without Need of a
Judicial Order.
Change of full name Change or corrections in Change of first name or change of first name or
the ff entries in the Civil nickname, date of birth nickname, the day and
Registry: and change of sex of a month in the date of
1. Births person where it is birth or sex of a person
2. Marriages patently clear there was where it is patently clear
3. Deaths a clerical or that there was a clerical
4. Legal Separation typographical error or or typographical error or
5. Judgments of mistake in the entry. mistake in the entry.
Annulments of
Marriage
6. Judgments
Declaring Void a
Marriage
7. Legitimations
8. Adoptions
9. Acknowledgment of
Natural Children
10. Naturalization
11. Election
12. Loss or Recovery of
Citizenship
13. Civil Interdiction
14. Judicial
Determination of
Filiation
WHO MAY FILE
A person desiring to Any person interested in Any person having direct
change his name. any act, event, order or and personal interest in
decree concerning the the correction of a
civil status of persons clerical or typographical
which has been error in an entry and/or
recorded in the civil change of first name or
register nick name files a verified
petition in the form of an
affidavit.
VENUE
RTC of the province RTC of the city or 1. Local civil registry
where the petitioner has province where the office or Clerk of the
been residing for 3 years corresponding civil
prior to the filing of the registry is located the record being
petition sought to be

corrected or
changed is kept;
2. If petitioner has
already migrated to
another place in the
country, petition-
receiving civil
registrar of the place
where the interested
party is presently
residing or
domiciled; or
3. Citizens of the
Philippines who are
presently residing or
domiciled in foreign
countries; nearest
Philippine
Consulates
WHAT TO FILE
Signed and verified Verified petition for Verified petition in the Affidavit, subscribed and
petition. cancellation or correction form of an affidavit sworn to before any
of any entry. (summary procedure) person authorized by law
to administer oaths.
GROUNDS FOR CHANGE OF NAME
1. When the name is Upon good and valid The petitioner finds the
ridiculous, grounds, the entries in first name or nickname
dishonorable or the civil registry may be to be ridiculous, tainted
extremely difficult to cancelled and corrected. with dishonor or
write or pronounce; extremely difficult to
2. When the change write or pronounce;
results as a legal
consequence, as in The new first name or
legitimation; nickname has been
3. When the change habitually and
will avoid confusion; continuously used by the
4. Having continuously petitioner and he has
used and been been publicly known by
known since that by that first name or
childhood by a nickname in the
Filipino name, community: or
unaware of her alien
parentage; The change will avoid
5. A sincere desire to confusion.
adopt a Filipino
name to erase signs
of former alienage,
all in good faith and
without prejudicing
anybody; and
6. When the surname
causes
embarrassment and
there is no showing
that the desired
change of name was

for a fraudulent
purpose or that the
change of name
would prejudice
public interest
(Republic v. Wong, GR
No. 97906, 1992).
PUBLICATION AND POSTING
At least once a week At least once a week At least once a week
for three consecutive for three consecutive for two consecutive
weeks in a newspaper weeks in a newspaper weeks in a newspaper
of general circulation of general circulation of general circulation
(notice of hearing) (notice of hearing) (petition)
No posting No posting Duty of the Civil

Registrar or Consul to
post the petition in a
conspicuous place for
ten consecutive days
APPEAL
Court of Appeals, under Court of Appeals, under Civil Registrar General
Rule 109 Rule 109 (head of NCSO)
F. CANCELLATION OR be published once a week for three (3)

CORRECTION consecutive weeks in a newspaper of
general circulation in the province. (R108,
Q: Are typographical errors covered under Rule S4)
108? 3. The Civil Registrar and any interested
A: With the passage of RA 9048, an entry in a civil person may file his opposition within
register may now be changed or corrected when it fifteen (15) days (R108, S5).
involves clerical or typographical errors and change
of first name, the day and month in the date of birth Q: Is publication and notice jurisdictional?
or sex of a person where it is patently clear that there A: General Rule: Notice and publication is
was a clerical or typographical error or mistake in mandatory.
the entry, which can be corrected or changed by the
concerned city or municipal civil registrar or consul Exception: There is substantial compliance when
general (RA 9048, Sec. 1) there is publication. It may be deemed sufficient
notice that vests jurisdiction with the court because
Q: What are clerical or typographical errors an action to correct and cancel entries is an action
covered under R.A. No. 9048? in rem.
A: Changes in entries in a civil register under R.A. (Republic v. Kho G.R. No. 170340, 2007)
No. 9048 are limited only to clerical or typographical
Q: Can a petition for correction of entries be
availed of to recognize a foreign divorce?
to the understanding and can be corrected or A: Yes. A procedure for correction of entries can be
changed only by reference to other existing record availed of to change the status from married to
RA 9048, S2[3]) single. However, Rule 108 cannot be availed of to
determine the validity of marriage. If applicant
Q: What are the retirements for a substantial indeed sought, not the nullification of marriage as
change under Rule 108? there was no marriage to speak of, but the
1. The Civil Registrar and all interested correction of the record of such marriage to reflect
persons shall be made parties to the the truth as set forth by the evidence. Otherwise
proceeding. (R108, S3) stated, in allowing the correction of the subject
2. Persons named in the petition must be certificate of marriage by cancelling the wife portion
given notice of the time and place set for thereof, the trial court did not, in any way, declare
hearing the petition. Such order must also

the marriage void as there was no marriage to speak G. CLERICAL ERROR LAW
of. (Republic v. Olaybar, G.R. No. 189538, 2014)
Q: Who may file the petition and where to file
NOTE: There must be compliance with the
the petition?
Requirements of Rule 108.
An individual seeking the change of his or her civil WHERE TO FILE
WHO MAY FILE
status must adhere to the requirements governing a PETITION
petition for cancellation or correction of entries in the Any person having With the local civil
civil registry under Rule 108. There are underlying direct and personal registry office of the
objectives and interests that the State seeks to interest in the correction city or municipality
protect in imposing the requirements in Rule 108, of a clerical or where the record
including inter alia the requirements on venue typographical error in an being sought to be
(Section 1 of Rule 108) and parties to implead entry and/or change of corrected or changed
(Section 3 of Rule 108), that the Court cannot simply first name or nickname is kept.
disregard in favor of expediency. in the civil register
In case the petitioner With the local civil
While the change in Janevic's civil status is an has already migrated to registrar of the place
expected consequence of the judicial recognition of another place in the where the interested
her foreign divorce, it does not automatically follow country and it would not party is presently
that the Petition she filed is the petition be practical for such residing or domiciled.
contemplated under Rule 108. Therefore, the Court party, in terms of
cannot take cognizance of Janevic's prayer for the transportation
cancellation or correction of her civil status from expenses, time and
"married" to "single" as this may only be pursued effort to appear in
and granted in the proper petition filed in compliance person before the local
with the specific requirements of Rule 108. civil registrar keeping
(In Re: Petition For Recognition Of Foreign the documents to be
Judgment Of Divorce With Prayer To Change Civil corrected or changed
Status Of Janevic Orteza Ordaneza From Married Citizens of the With the nearest
To Single Gr 254184, November 24, 2021). Philippines who are Philippine Consulates.
presently residing or
Q: Reconcile the Supreme Court decisions of domiciled in foreign
Silverio v. Republic and Republic v. countries
Cagandahan. (Sec. 3)
A: In Silverio, there was no mistake of the records
at birth and the sex reassignment surgery was not a Q: What is the form of the application to change
valid reason for the change of sex and name in birth first name or nickname or to correct clerical
certificate. Thus, the Supreme Court rejected the errors?
petition for correction of sex and change of name. A: An affidavit, subscribed and sworn to before any
Cagandahan, the actual sex (female or male) of the person authorized by law to administer oaths.
petitioner was undetermined at birth due to The affidavit shall set forth facts necessary to
Congenital Adrenal Hyperplasia (CAH). Since the establish the merits of the petition and shall
reason for the change was biological and natural, show affirmatively that the petitioner is
and that the actual gender of the child was competent to testify to the matters stated.
undetermined at birth, the Supreme Court granted The petitioner shall state the particular
the petitioned for correction of sex and change of erroneous entry or entries, which are sought to
name. be corrected and/or the change sought to be
made.
-- end of topic --
Q: What are the supporting documents to be
attached to the application?
1. A certified true machine copy of the certificate
or of the page of the registry book containing the
entry or entries sought to be corrected or
changed;
2. At least two (2) public or private documents
showing the correct entry or entries upon which
the correction or change shall be based; and

3. Other documents which the petitioner or the city c. The basis used in changing the
or municipal civil registrar or the consul general first name or nickname of a person
may consider relevant and necessary for the
approval of the petition. 2. Immediately notify the city or municipal civil
4. Certification from the appropriate law registrar or the consul general of the action
enforcements, agencies that he has no pending taken on the decision.
case or no criminal record 3. Upon receipt of the notice thereof, the city or
municipal civil registrar or the consul general
Requirements for a petition for correction of shall notify the petitioner of such action.
erroneous entry concerning the date of birth or
the sex of a person to be entertained. Q: What is the remedy when the application is
The petition is accompanied by earliest school denied at the local civil registrar level?
record or school documents such as, but not limited A: The petitioner may seek reconsideration with the
to: civil registrar general or file the appropriate petition
1. Medical records with the proper court.
2. Baptismal certificate and
3. Other documents issued by religious authorities If civil registrar general fails to exercise power to
impugn decision of city or municipal civil registrar or
Requirements for entry involving change of of consul general, such decision shall become final
gender corrected. and executory.
Petition is accompanied by a certification issued by
an accredited government physician attesting to the Q: When shall hearings take place?
ergone sex change A: The date of the hearing shall NOT be within thirty
or sex transplant (30) days prior to an election nor within four (4)
months after the LAST publication of notice. (R103,
Q: What are the duties of the city or municipal S3)
civil registrar or consul general?
1. Examine the petition and its supporting The order shall be published for three (3) successive
documents weeks in some newspaper of general circulation
2. Post the petition in a conspicuous place published in the province. (R103, S3)
provided that purpose for 10 consecutive days
after he finds petition and its supporting H. WRIT OF AMPARO
documents sufficient in form and substance.
3. Act on the petition and shall render a decision Q: When is a writ of Amparo available?
not later than 5 working days after completion A: The remedy of Writ of Amparo is available to
of the posting and/or publication requirement. those whose right to life, liberty and security is
4. Transmit a copy of his decision together with the violated or threatened with violation by an unlawful
records of the proceedings to the Office of the act or omission of a public official or employee or a
Civil Registrar General within 5 working days private individual or entity. It covers extra-legal
from date of decision killings and enforced disappearances or threats
5. Can collect reasonable fees as a condition for thereof (Sec. 1, A.M. No. 07-9-12-SC).
accepting petition.
a. Indigent petitioner shall be exempt Q: What is the limitation of the Writ of Amparo?
from payment of said fee. A: The Writ of Amparo covers extra-legal killings
and enforced disappearances or threats thereof
Q: What are the Duties and powers of the civil (Sec. 1, A.M. No. 07-9-12-SC).
registrar general?
1. Within 10 working days from receipt of the Q: What are extralegal killings?
decision granting a decision, exercise power to A: They are killings committed without due process
impugn such decision by way of an objection of law (i.e. without legal safeguards or judicial
based on the ff grounds: proceedings). (Secretary of National Defense v.
a. Manalo, G.R. No. 180906, 2008)
b. Correction of an entry or entries in
the civil registrar is substantial or Q: What are enforced disappearances?
controversial as it affects the civil A: Enforced disappearances are attended by the
status of a person; or following circumstances:
1. Arrest/detention/abduction of a person by a
government official or organized groups or private

individuals acting with the in/direct acquiescence of

the State; rights required?
2. Carried out by or with the authorization, support A: No. The Amparo petitioner needs only to properly
or acquiescence of the State or a political comply with the substance and form requirements of
organization; a Writ of Amparo petition, and prove the allegations
3. Refusal of the State to disclose the fate or by substantial evidence. (Razon v. Tagitis, G.R. No.
whereabouts of the person concerned, or refusal to 182498, 2009).
acknowledge the deprivation of liberty, which places
such persons outside the protection of the law. Q: Distinguish Privilege of the writ of Amparo
4. Intention is to remove the person from the from Actual Order called Amparo
protection of law for a prolonged period of time. A: The privilege includes availment of the entire
(Navia v. Paradico, G.R. No. 18446, 2012) procedure outlined in A.M. No. 07-9-12-SC, the Rule
on the Writ of Amparo. (Sec. De Lima v. Gatdula,
G.R. No. 204528, 2013)
A:
every conceivable threat in the mind that may cause The writ of Amparo was conceived to provide
one to fear for his life, liberty, or security. In the expeditious and effective procedural relief against
context of the Amparo rule, only actual threats, as violations or threats of violation of the basic rights to
may be established from all the facts and life, liberty, and security of persons; the
circumstances of the case, can qualify as a violation corresponding Amparo suit, however, is not an
that may be addresses under the Rule on the Writ action to determine criminal guilt requiring proof
of Amparo (In re: Ladaga, G.R. No. 189689, 2013) beyond reasonable doubt or administrative liability
requiring substantial evidence that will require full
Q: Give instances which do not fall under threat and exhaustive proceedings. (The Secretary of
to life, liberty, or security. National Defense v. Manalo, G.R. No. 180906,
1. The threatened demolition of a dwelling by virtue 2008)
of a final judgment of the court is not included
among the enumeration of rights for a writ of Q: What are the two roles of the writ of Amparo?
Amparo. (Canlas v. NAPICO, G.R. No. 182795, A: The writ of Amparo serves both preventive and
2008). curative roles in addressing the problem of
2. The writ of Amparo is not available against a extralegal killings and enforced disappearances.
Barangay Capta
violation It is preventive in that it breaks the expectation of
hts (Sps. Pador v. impunity in the commission of these offenses;
Arcayan, G.R. No. 183649, 2013)
3. The It is curative in that it facilitates the subsequent
as a consequence of the pendency of the punishment of perpetrators as it will inevitably yield
criminal case filed against him was not unlawful, leads to subsequent investigation and action.
and thus not a valid ground to invoke issuance
of Writ of Amparo (Reyes v. CA, G.R. No. In the long run, the goal of both the preventive
182161, 2009) and curative roles is to deter the further
4. The writ of Amparo is not available in order for a commission of extralegal killings and enforced
biological mother to recover custody of child from disappearances (Secretary of Defense v. Manalo,
the DSWD. There is no enforced disappearance. G.R. No. 180906, 2008).
When what is involved is the issue of child
custody and the exercise of parental rights over Q: Will the writ of Amparo issue when the
a child, who, for all intents and purposes, has government is not involved?
been legally considered a ward of the State, the A: Government involvement is an indispensable
Amparo rule cannot be properly applied (Caram requirement. This hallmark of State participation
v. Segui, G.R. No. 193652, 2014). differentiates an enforced disappearance case from
5. The writ of Amparo cannot be availed of by an an ordinary case of a missing person (Navia v.
alien detained by the Bureau of Immigration by Pardo, G.R. No. 184467, 2012)
virtue of legal process (Mison v. Gallegos, G.R.
Nos. 210759, 211403, and 211590, 2015)

Q: Differentiate between the writ of Amparo and Q: When is the return filed?
a search warrant? A: A verified written return should be filed within 5
WRIT OF AMPARO SEARCH WARRANT working days (A.M. No. 07-9-12-SC).
Purpose
Protective: To protect Q: What are the contents of the return of the writ
Special Process of Amparo?
liberty, or security A: The Return Shall Contain:
Where Filed 1. Lawful defenses;
RTC / MTC within 2. The steps or actions taken to determine the
SC, CA, SB, or RTC whose territorial fate or whereabouts of the aggrieved party;
where threat or act jurisdiction / judicial 3. All relevant information in the possession of
committed region a crime was the respondent pertaining to the threat, act
committed or omission against the aggrieved party;
Person Initiating and
Peace officer or law 4. If the respondent is a public official or
Private / public person employee, the return shall further state
enforcement agency
Seizure of Personality acts:
Under IO & PO, a. To verify identity of aggrieved
personality is not Personal property is party
seized but inspected seized b. To recover and preserve evidence
or copied c. To identify and collect witness
statements
(A.M. No. 07-9-12-SC; Rule 126, Rules of Court)
d. To determine cause, manner,
location, and time of death or
Q: Is the Production Order similar to a Search
disappearance
Warrant?
e. To identify and apprehend persons
A: No. The production order under the Amparo Rule
involved
should not be confused with a search warrant for law
f. Bring suspected offenders before
enforcement under Article III, Section 2 of the 1987
a competent court (Sec. 9, A.M.
Constitution. This Constitutional provision is a
No. 07-9-12-SC)
protection of the people from the unreasonable
intrusion of the government, not a protection of the
Q: What is the effect of a failure to file a return?
government from the demand of the people such as
A: The Court or justice shall proceed to hear the
respondents.
petition ex parte. (Sec. 12, A.M. No. 07-9-12-SC).
Instead, the Amparo production order may be
Q: What happens to the petition for the writ of
likened to the production of documents or things
Amparo if the court cannot proceed for a valid
under Section 1, Rule 27 of the Rules of Civil
cause?
Procedure. (The Secretary of National Defense v.
A: The court shall not dismiss the petition, but shall
Manalo, G.R. No. 180906, 2008)
archive it, if upon its determination it cannot proceed
for a valid cause such as the failure of petitioner or
Q: Is the lack of supporting affidavits an
witnesses to appear due to threats on their lives.
automatic ground for dismissal of the petition
(Sec. 20, A.M. No. 07-9-12-SC)
for the writ of Amparo?
A: Where, the petitioner has substantially complied
Q: What is the quantum of proof in application
with the requirement by submitting a verified petition
for issuance of writ of Amparo?
sufficiently detailing the facts relied upon, the strict
A: Quantum of Proof in Application for Issuance of
need for the sworn statement that an affidavit
Writ of Amparo:
represents is essentially fulfilled.
1. Establish claims by substantial evidence
2. If respondent is a private individual or entity, he
The failure to attach the required affidavits was fully
must prove that ordinary diligence was observed in
cured when the respondent and her witness
the performance of duty
personally testified in the hearings to swear to and
3. If public official or employee, he must prove that
flesh out the allegations of the petition. Thus, even
extraordinary diligence was observed in the
on this point, the petition cannot be faulted. (Razon
performance of duty. He cannot invoke the
v. Tagitis, G.R. No. 184298, 2009)
presumption that official duty has been regularly
performed to evade responsibility or liability. (Sec.
17, A.M. No. 07-9-12-SC)

Q: May hearsay evidence be considered in law or both may be raised (Sec. 19, A.M. No. 07-9-
Amparo proceedings? 12-SC).
A: The fair and proper rule is to consider all the
pieces of evidence adduced in their totality, and to Q: What interim reliefs may a court grant under
consider any evidence otherwise inadmissible the rule on the writ of Amparo?
under our usual rules to be admissible if it is 1. Temporary Protection Order - the court, upon
consistent with the admissible evidence adduced. In motion or motu proprio, may order that the
other words, we reduce our rules to the most basic petitioner or the aggrieved party and any
test of reason i.e., to the relevance of the evidence member of the immediate family be protected in
to the issue at hand and its consistency with all other a government agency or by an accredited
pieces of adduced evidence. Thus, even hearsay person or private institution capable of keeping
evidence can be admitted if it satisfies this basic and securing their safety.
minimum test. (Rodriguez v. Macapagal-Arroyo, 2. Inspection Order - the court, upon motion and
G.R. no. 191805, 2013) hearing, may order any person in possession or
control of a designated property to permit entry
Q: Can command responsibility be considered for inspecting relevant objects/operations/
in Amparo Proceedings? property.
A: The doctrine of command responsibility may be 3. Production Order - the court, upon motion and
used to determine whether respondents are hearing, may order any person to produce and
accountable for and have the duty to address the permit inspection of documentary or object
abduction of Rodriguez in order to enable the courts evidence (i.e. documents, papers, accounts,
to devise remedial measures to protect his rights etc.)
(Rodriguez v. Macapagal-Arroyo, G.R. No. 181805, 4. Witness Protection Order - The court, justice or
2011) judge, upon motion or motu proprio, may refer
the witnesses to the Department of Justice for
Amparo proceedings determine admission to the Witness Protection, Security
1. Responsibility, or the extent the actors have and Benefit Program, pursuant to Republic Act
been established by substantial evidence to No. 6981. (Sec. 14, A.M. No. 07-9-12-SC)
have participated in whatever way, by action or
omission, in an enforced disappearance, and Q: What is the nature of amparo proceedings?
2. Accountability, or the measure of remedies The hearing shall be summary in nature. However,
that should be addressed to those who: the court, justice, or judge MAY call for a preliminary
a. Exhibited involvement in the enforced conference to simplify the issues and look at
disappearance without bringing the possibility of obtaining stipulations and admissions
level of their complicity to the level of from the parties. Hearing shall be from day to day
responsibility defined above; until completed; same priority as petitions for writ of
b. Are imputed with knowledge relating to habeas corpus. (Sec. 13, A.M. No. 07-9-12-SC)
the enforced disappearance and who
carry the burden of disclosure; or Hearing shall be set not later than seven (7) days
c. Carry, but have failed to discharge, the from the issuance of the writ.
burden of extraordinary diligence in the
investigation of the enforced The court shall render judgment within ten (10) days
disappearance. from the time the petition is submitted for decision.
(Sec. 6, A.M. No. 07-9-12-SC)
Thus, although there is no determination of criminal,
civil or administrative liabilities, the doctrine of Q: How to appeal the decision of the court?
command responsibility may nevertheless be Any party may appeal from the final judgment or
applied to ascertain responsibility and accountability order to the Supreme Court under Rule 45. The
within these foregoing definitions (Id.). appeal may raise questions of fact or law or both.
Q: What is the remedy in case of denial of The period of appeal shall be five (5) working days
petition for writ of Amparo? from the date of notice of the adverse judgment.
A: Ordinary appeal. Appeal shall be given the SAME priority as Habeas
1. The period of appeal shall be five (5) working days Corpus cases. (Sec. 19, A.M. No. 07-9-12-SC)
from the date of notice of the adverse
judgment.
2. Appeal shall be made directly to the Supreme
Court under Rule 45 where questions of fact or of

Q: What is the effect of the institution of a Q: Give instances when the writ of habeas data
separate action on the petition for the issuance is not applicable.
of a writ of amparo? A:
A: A separate petition for the writ of amparo cannot 1. The writ of habeas data cannot be invoked in
be filed, but the remedies available under the writ labor disputes where there is no unlawful
may be availed by motion in the criminal action (Sec. violation of the right to life, liberty, or
22, A.M. No. 07-9-12-SC). security (Meralco v. Lim, G.R. No. 184768,
2010)
When a criminal action is filed subsequent to the 2. The writ of habeas data will not issue to protect
filing of a petition for the writ, the latter shall be purely property or commercial concerns, nor
consolidated with the criminal action. Nonetheless, when the grounds invoked in support of the
the Amparo Rule shall govern the disposition of the petitions therefor are vague and doubtful (Lee
relief under the Rule. (Rubrico v. Arroyo, G.R. No. v. Ilagan, G.R. No. 203254, 2014)
183871, 2010) (Sec. 23, A.M. No. 07-9-12-SC)
Q: What are the contents of the return of the writ
I. WRIT OF HABEAS DATA of habeas data?
A: The return shall contain the following:
Q: When is a writ of habeas data available? 1. Lawful defenses such as national security,
A: The Writ of Habeas Data is available when the state secrets, privileged communications,
right of any person to privacy in life, liberty or confidentiality of the source of information
security is violated or threatened by an unlawful act of media and others;
or omission of a public official or employee, or of a 2. In case of respondent in charge, in
private individual or entity engaged in the gathering, possession or in control of the data or
collecting or storing of data or information regarding information subject of the petition:
the person, family, home and correspondence of the a. A disclosure of the data or
aggrieved party (Sec. 1, A.M. No. 08-1-16-SC). information about the petitioner,
the nature of such data or
It also involves the right to privacy in life, liberty or information, and the purpose for its
security of the aggrieved party and covers extralegal collection
killings and enforced disappearances. (Sec. 2, A.M. b. The steps or actions taken by the
No. 08-1-16-SC) respondent to ensure the security
and confidentiality of the data or
In order for the privilege of the writ to be granted, information
there must exist a nexus between the right to privacy c. The currency and accuracy of the
on the one hand, and the right to life, liberty or data or information held; and
security on the other. 3. Other allegations relevant to the resolution
(Manila Electric Company v. Lim, G.R. No. 184769, of the proceeding (Sec. 10, A.M. No. 08-1-
2010) 16-SC)
Note: Habeas data is not limited to cases of Q: What quantum of proof is needed in the
enforced disappearances and extralegal killings. application for issuance of the writ of habeas
data?
2004) A: Substantial evidence is required to prove the
allegations in the petition. (Sec. 16, A.M. No. 08-1-
Q: What is the meaning of 16-SC)
gathering, collecting, or storing of data?
A: To "engage" means "to do or take part in
something." It does not necessarily mean that the
activity must be done in pursuit of a business.
Whether such undertaking carries the element of
regularity, as when one pursues a business, and is
in the nature of a personal endeavor, for any other
reason or even for no reason at all, is immaterial and
such will not prevent the writ from getting to said
person or entity.
G.R. No. 202666, 2004)

1. Distinguish: writ of habeas corpus, writ of amparo, and writ of habeas data
HABEAS CORPUS AMPARO HABEAS DATA

ESSENCE
The writ of habeas corpus it involves The writ of amparo involves the right The writ of habeas data involves
the right to liberty. It extends to all to life, liberty, and security. the right to privacy in life, liberty, or
cases of illegal confinement or security.
detention by which any person is
deprived of his liberty, or by which the
rightful custody of any person is
withheld from the person entitled to.
AVAILABILITY
The writ of amparo is available to It is a remedy available whose right
It is a writ directed to the person one whose right to life, liberty, and to privacy in life, liberty, or security
detaining another, commanding him to security are violated or threatened is violated or threatened by an
produce the body of the prisoner at the with violation by an unlawful act or unlawful act or omission of a public
designated time and place, with the omission of a public official or official or employee, or of a private
day and cause of his capture and employee, or of a private individual individual or entity engaged in the
detention, to do, submit to, and or entity. gathering, collecting, or storing of
receive whatever the court of judge data or information regarding the
awarding the writ shall consider in that The writ covers extralegal killings person, family, home, and
behalf and enforced disappearances or correspondence of the aggrieved
threats thereof party.
AVAILABLE AGAINST
Deprivation of liberty; and A violation or threatened violation by A violation or threatened violation
Withholding of the rightful custody of an unlawful act or omission of: by the right to privacy in life, liberty,
the person 1. A public official or security by an unlawful act or
2. A public employee omission of:
3. A private individual or entity 1. A public official
2. A public employee
3. A private individual
Engaged in the gathering,

collecting, or storing of data or
information regarding the person,
family, home, and correspondence
of the aggrieved party.
COVERAGE
1. All cases of illegal confinement or 1. Extrajudicial killings 1. Gathering
detention by which any person is 2. Enforced disappearances 2. Collecting
deprived of his liberty 3. Storing of data or information
2. The rightful custody of any person
is withheld from the person Regarding:
entitled thereto 1. Personal
2. Family
3. Home
4. Correspondence
WHO MAY FILE
Party for whose relief it is intended, or Aggrieved party, or any qualified General Rule: aggrieved party
by some person on his behalf. person or entity in the following
order: Exception: In cases of extralegal
1. Any member of the immediate killings and enforced
family, namely: the spouse, disappearances, the petition may
be filed by any member of the

children, and parents of the immediate family of the aggrieved

aggrieved party party, namely: the spouse, children
2. Any ascendant, descendant, or and parents.
collateral relative of the
aggrieved party within the 4th
civil degree of consanguinity or
affinity, in default of those
mentioned in the preceding
paragraph, or
3. \Any concerned citizen,
organization, association, or
in
member of the immediate
family or relative of the
aggrieved party
VENUE
1. Regional Trial Court where the 1. Regional Trial Court of the 1. Regional Trial Court where the
person is detained place where the threat, act, or petitioner or respondent
2. Sandiganbayan omission was committed or any resides, or that which has
3. Court of Appeals of its elements occurred jurisdiction over the place
4. Supreme Court 2. Sandiganbayan where the data or information
5. Or any Justice of the three 3. Court of Appeals is gathered, collected, or
preceding courts 4. Supreme Court stored, at the option of the
5. Or any Justice of the three petitioner
preceding courts 2. Sandiganbayan
3. Court of Appeals
4. Supreme Court
When the actions concern public

data files of government offices
ENFORCEABILITY
If issued by the Sandiganbayan, Anywhere in the Philippines Anywhere in the Philippines
Court of Appeals, Supreme Court:
Anywhere in the Philippines
Issued by the Regional Trial Court:

Judicial District
WHERE WRIT RETURNED
Issued by the Regional Trial Court or Issued by the Regional Trial Court Issued by the Regional Trial Court
judge thereof: Before such court or or judge thereof: Before such court or judge thereof: Before such court
judge or judge or judge
Issued by the Sandiganbayan, Court Issued by the Sandiganbayan, Issued by the Sandiganbayan,
of Appeals, or any of its justices: Court of Appeals, or justice thereof: Court of Appeals, or any of its
Before such court or justice thereof Any Regional Trial Court where the justices:
threat, act, or omission was 1. Before such court or justice
committed or any of its elements 2. Any Regional Trial Court of the
occurred place where the petitioner or
respondent resides, or that
Issued by the Supreme Court of any which has jurisdiction over the
of its justices: place where the data or

Before such court or justice information is gathered,

thereof collected, or stored
Sandiganbayan or Court of
Appeals or any of its Issued by the Supreme Court or
justices any of its justices:
Any Regional Trial Court 1. Before such court or justice
where the threat, act, or thereof
omission was committed or 2. Before the Court of Appeals or
any of its elements the Sandiganbayan or any of
occurred its justices
3. Any Regional Trial Court of the
place where the petitioner or
respondent resides, or that
which has jurisdiction over the
place where the data or
information is gathered,
collected, or stored
WHEN TO FILE / DOCKET FEES
On any day at any time. On any day at any time. Only indigent petitioner is exempt
from docket fees and other lawful
Exempt from docket and other fees.
lawful fees.
CONTENTS OF PETITION
1. Person in whose behalf the 1. Personal circumstances of the 1. Personal circumstances of the
application is made is imprisoned petitioner petitioner and respondent
or restrained on his liberty 2. Name and personal 2. Manner the right to privacy is
2. Officer or name of the person by circumstances of the violated or threatened and how
whom he is so imprisoned or respondent responsible for the it affects the right to life, liberty,
restrained; or, if both are unknown threat, act, or omission, or, if the or security of the aggrieved
or uncertain, such officer or name is unknown or uncertain, party
person may be described by an the respondent may be 3. Actions and recourses taken
assumed appellation, and the described by an assumed by the petition to secure the
person who is served with the writ appellation data or information
shall be deemed the person 3. Right to life, liberty, and security 4. Location of the files, registers,
intended of the aggrieved party violated or databases, the government
or threatened with violation by office, and the person in
an unlawful act or omission of charge, in possession, or in
the respondents, and how such control of the data or
threat or violation is committed information if known
with the attendant 5. Reliefs prayed for, which may
circumstances detailed in include the updating,
supporting affidavits rectification, suppression, or
4. Investigation conducted, if any, destruction of the database or
specifying the names, personal information or files kept by the
circumstances, and addresses respondent
of the investigating authority or 6. In cases of threats, the relief
individuals, as well as the may include a prayer for an
manner and conduct of the order enjoining the act
investigation, together with any complained of; and
report 7. Such other relevant reliefs as
are just and equitable

5. Actions and recourses taken by

the petitioner to determine the The petition shall be inwriting and
fate or whereabouts of the must be verified.
aggrieved party and the identity
of the person responsible for
the threat, act, or omission, and
6. Relief prayed for
The petition must be signed and

verified
ISSUANCE OF THE WRIT
Writ shall be issued if it appears Writ shall be issued if on its face Writ shall be issued if on its
that the writ ought to issue it ought to issue face it ought to issue
The clerk of the court shall issue The clerk of court shall issue The clerk of court shall issue
the writ under the seal of the the writ under the seal of the the writ under the seal of the
court; or in case of emergency, court; or in case of urgent court and cause it to be served
the judge may issue the writ under necessity, the justice or the within three days from the
his own hand, and may depute judge may issue the writ under issuance; or, in case of urgent
any person to serve it his or her own hand, and may necessity, the justice or judge
deputize any officer or person may issue the writ under his or
to serve it her own hand, and may
deputize any officer or person
serve it.
SUMMARY HEARING
Not applicable. Not later than seven days from the Not later than 10 working days from
date the writ was issued. the date the writ was issued.
HOW WRIT IS SERVED
By leaving the original with the The writ shall be served upon the The writ shall be served upon the
person to whom it is directed and respondent by a judicial officer or by respondent by a judicial officer or
preserving a copy on which to a person deputized by the court, by a person deputized by the court,
justice, or judge who shall retain a justice, or judge who shall retain a
make return of service
copy on which to make a return of copy on which to make a return of
If that person cannot be found, or service. In case the writ cannot be service. In case the writ cannot be
has not the prisoner in his served personally on the served personally on the
custody, then the service shall be respondent, the rules on substituted respondent, the rules on
made on any other person having service shall apply substituted service shall apply.
or exercising such custody
RETURN
The return or statement shall be Within 5 working days after service Verified written return, together
signed by the person who makes of the writ, the respondent shall file with supporting affidavits within
it a verified written return together five 5 working days from
with supporting affidavits
The return shall also be sworn by service of the writ
him if the prisoner is not produced The period may be reasonably
In all other cases unless the return extended by the Court for
is made and signed by a sworn justifiable reasons
public officer in his official
capacity
EFFECT OF FAILURE TO FILE RETURN
Hearing of the petition shall proceed Hearing of the petition shall
ex parte. proceed ex parte.
The court may also grant the
petitioner such relief as the

petition may warrant unless the

court in its discretion requires
the petitioner to submit
evidence.
PROHIBITED PLEADINGS & MOTIONS
1. Motion to dismiss 2. Motion to dismiss
2. Motion for extension of time to 3. Motion for extension of time to
file return, opposition, affidavit, file return, opposition, affidavit,
position paper, and other position paper, and other
pleadings pleadings
3. Dilatory motion for 4. Dilatory motion for
postponement postponement
4. Motion for bill of particulars 5. Motion for bill of particulars
5. Counter claim or cross-claim 6. Counterclaim or cross-claim
6. Third party complaint 7. Third party complaint
7. Reply 8. Reply
8. Motion to declare defendant in 9. Motion to declare respondent
default in default
9. Intervention 10. Intervention
10. Memorandum 11. Memorandum
11. Motion for reconsideration of 12. Motion for reconsideration of
interlocutory orders or interim interlocutory orders or interim
relief orders; and relief orders; and
12. Petition for certiorari, 13. Petition for certiorari or
mandamus, or prohibition mandamus or prohibition
against any interlocutory order against any interlocutory order
AVAILABLE INTERIM RELIEFS
1. Temporary protection order
2. Inspection order
3. Production order
4. Witness protection order
JUDGEMENT
When the court or judge has examined The court shall render judgment The court shall render judgment
into the cause of caption and within ten (10) days from the time within ten days from the time the
restrained of the prisoner, and is the petition is submitted for petition is submitted for decision
decision. If the allegations in the
satisfied that he is unlawfully
petition are proven by substantial
imprisoned or restrained, he shall: evidence, the court shall grant the If the allegations in the petition are
Forthwith order his discharge privilege of the writ and such reliefs proven by substantial evidence, the
from confinement as may be proper and appropriate; court shall enjoin the act
Such discharge shall not be otherwise, the privilege shall be complained of, or order the
effective until a copy of the order denied deletion, destruction, or
has been served on the officer or rectification of the erroneous data
the person detaining such or information and grant other
prisoner relevant reliefs as may be just and
If the officer or person detaining the of the writ shall be denied

prisoner does not desire to appeal, the
prisoner shall be forthwith released Upon its finality, the judgment shall
be enforced by the sheriff or any
lawful officers as may be

designated by the court, justice, or

judge within five working days.
APPEAL
48 hours from notice of judgment Any party may appeal from the final Any party may appeal from the final
appealed from by ordinary appeal judgment or order to the Supreme judgment or order of the Supreme
Court under Rule 45. Court under Rule 45,
The appeal may raise questions of The appeal may raise questions of
fact or law or both fact or law or both
The period of appeal shall be five
The period of appeal shall be five working days from the date of
working days from the date of notice notice of the judgment or final order
of adverse judgment
INSTITUTION OF SEPARATE ACTION
The Rules does not preclude the The Rule does not preclude the
filing of separate criminal, civil, or filing of separate criminal, civil, or
administrative actions administrative actions
EFFECT OF FILING CRIMINAL ACTION
When a criminal action has been When a criminal action has been
commenced, no separate petition commenced, no separate petition
for the writ shall be filed. for the writ shall be filed. The reliefs
under the writ shall be available by
motion in the criminal case
The reliefs under the writ shall be
available by motion in the criminal
case
CONSOLIDATION
When a criminal action is filed
When a criminal action is filed
subsequent to the filing of a petition
subsequent to the filing of a petition
for the writ, the latter shall be
for the writ, the latter shall be
consolidated with the criminal
consolidated with the criminal action
action.
When a criminal action and a
When a criminal action and a
separate civil action are filed
separate civil action are filed
subsequent to a petition for a writ of
subsequent to a petition for a writ of
amparo, the latter shall be
habeas data, the petition shall be
action.
action.
After consolidation, the procedure
under this Rule shall continue to the After consolidation, the procedure
under this Rule shall continue to
disposition of the reliefs in the
govern the disposition of the reliefs
petition
in the petition

J. RULES OF PROCEDURE ON Q: Can a TEPO be issued ex parte?

ENVIRONMENTAL CASES A: Yes, a court may issue ex parte a TEPO effective
for only seventy-two (72) hours from date of the
Q: Can all RTCs, MeTCs, MTCCs, MTCs, and receipt of the TEPO by the party or person enjoined.
MCTCs try, hear, and decide environmental Within said period, the court where the case is
cases? assigned, shall conduct a summary hearing to
A: No. The courts referred to in Rule 1, Sec. 2 are determine whether the TEPO may be extended until
those designated as special courts to try, hear, and the termination of the case. (Rule 2, Sec. 8, A.M. No.
decide environmental cases under Administrative 09-6-8-SC)
Order No. 23-2008 and those designated thereafter.
(Annotations to A.M. No. 09-6-8-SC, p. 101)
A: If warranted, the court may grant to the plaintiff
Q: What is the precautionary principle? proper reliefs which shall include the following:
A: Precautionary principle states that when human 1. Protection, preservation or rehabilitation of the
activities may lead to threats of serious and environment;
irreversible damage to the environment that is 2.
scientifically plausible but uncertain, actions shall be other litigation expenses
taken to avoid or diminish that threat. (Rule I, Sec. 3. Require the violator to submit a program of
4(f), A.M. No. 09-6-8-SC) rehabilitation or restoration of the environment,
the costs of which shall be borne by the violator,
Q: What are the standards for the application of or to contribute to a special trust fund for that
the precautionary principle? purpose subject to the control of the court (Rule
A: The following factors, among others, may be 5, Sec. 1, A.M. No. 09-6-8-SC).
considered:
1. Threats to human life or health; Q: Is the judgment executory pending appeal?
2. Inequity to present or future generations; or A: Yes, any judgment directing the performance of
3. Prejudice to the environment without legal acts for the protection, preservation or rehabilitation
consideration of the environmental rights of those of the environment shall be executory pending
affected. (Rule 20, Sec. 2, A.M. No. 09-6-8-SC appeal unless restrained by the appellate court (Rule
5, Sec. 2, A.M. No. 09-6-8-SC)
1. Temporary Environmental Protection
Order Q: Is the court allowed to convert the TEPO to a
permanent EPO or issue a writ of continuing
Q: What is a Temporary Environmental mandamus?
Protection Order (TEPO)? A: Yes. In the judgment, the court may convert the
A: A protection order issued by the court directing or TEPO to a permanent EPO or issue a writ of
enjoining any person or government agency to continuing mandamus. The writ of continuing
perform or desist from performing an act in order to mandamus serves to direct the performance of acts
protect, preserve or rehabilitate the environment. which shall be effective until the judgment is fully
(Rule 2, Sec. 8, A.M. No. 09-6-8-SC) satisfied. (Rule 5, Sec. 3, A.M. No. 09-6-8-SC).
Q: When will a Temporary Environmental Q: Who monitors the performance of acts until
Protection Order (TEPO) be issued? the judgment is fully satisfied?
A: If it appears from the verified complaint with a A: The court or Appropriate government agency
prayer for the issuance of an Environmental (Rule 5, Sec. 3, A.M. No. 09-6-8-SC).
Protection Order (EPO) that the matter is of extreme
urgency and the applicant will suffer grave injustice Q: How will the acts be monitored?
and irreparable injury. (Rule 2, Sec. 8, A.M. No. 09- A: By requiring the party concerned to submit written
6-8-SC) reports on a quarterly basis or sooner as may be
necessary, detailing the progress of the execution
Q: What are the actions where a TEPO is prayed and satisfaction of the judgment. The other party
for? may, at its option, submit its comments or
A: It may be granted in a petition for a writ of observations on the execution of the judgment (Rule
kalikasan and in a petition for a writ of continuing 5, Sec. 3, A.M. No. 09-6-8-SC).
mandamus. It is issued in order to (1) expedite the
proceedings and (2) to preserve the rights of the 2. Writ of continuing mandamus
parties pending litigation. (Rule 8, Sec. 5, A.M. No.
09-6-8-SC) Q: What is a writ of continuing mandamus?
A: When any agency or instrumentality of the
government or officer thereof:

1. Unlawfully neglects the performance of an act 1. Writ of Kalikasan

which the law specifically enjoins as a duty
resulting from an office, trust or station in Q: What is a Writ of Kalikasan?
connection with the enforcement or violation of A: It is a remedy available to a natural or juridical
an environmental law rule or regulation or a right person,
therein, or organization, non-governmental organization, or any
2. Unlawfully excludes another from the use or public interest group accredited by or registered with
enjoyment of such right and there is no other any government agency, on behalf of persons whose
plain, speedy and adequate remedy in the constitutional right to a balanced and healthful
ordinary course of law. ecology is violated, or threatened with violation by an
unlawful act or omission of a public official or
Q: What is included in a verified petition for the employee, or private individual or entity, involving
issuance of a writ of continuing mandamus? environmental damage of such magnitude as to
A: The person aggrieved thereby may file a verified prejudice the life, health or property of inhabitants in
petition in the proper court: two or more cities or provinces. (Rule 7, Sec. 1, A.M.
1. Alleging the facts with certainty, attaching No. 09-6-8-SC)
thereto supporting evidence, specifying that the
petition concerns an environmental law, rule or Q: What is the nature of Writ of Kalikasan?
regulation, and A: It is an extraordinary remedy that deals with
2. Praying that judgment be rendered damage that transcends political and territorial
commanding the respondent to do an act or boundaries. Magnitude is measured by the degree of
series of acts until the judgment is fully satisfied, environmental damage that prejudices the life, health
and or property of inhabitants in two or more cities or
3. To pay damages sustained by the petitioner by provinces. (A.M. No. 09-6-8-SC, p. 133)
reason of the malicious neglect to perform the
duties of the respondent, under the law, rules or Q: Who may avail of the writ?
regulations. 1. A natural or juridical person;
2. Entity authorized by law; or
The petition shall also contain a sworn certification of 3. n, non-governmental
non-forum shopping. (Rule 8, Sec. 1, A.M. No. 09-6- organization, or any public interest group
8-SC) accredited by or registered with any government
Q: Where is the petition filed? constitutional right to a balanced and healthful

A:The petition shall be filed with the ecology is violated. (R7, S1)
1. Regional Trial Court exercising jurisdiction over
the territory where the actionable neglect or The requirement of accreditation of a group or
omission occurred or organization is for the purpose of verifying its
2. Court of Appeals existence. The accreditation is a mechanism to
3. Supreme Court (R8, S2)
(A.M. No. 09-6-8-SC, p. 133)
Note: The petitioner shall be exempt from the
payment of docket fees. (R8, S3) Q: What are the requisites for the writ to issue?
1. There is an actual or threatened violation of the
Procedurally, its filing before the courts is similar to constitutional right to a balanced and healthful
the filing of an ordinary writ of mandamus. However, ecology;
the issuance of a Temporary Environmental 2. The actual or threatened violation arises from an
Protection Order is made available as an auxiliary unlawful act or omission of a public official or
remedy prior to the issuance of the writ itself. employee, or private individual or entity; and
3. The actual or threatened violation involves or will
It may be availed of to compel the performance of an lead to an environmental damage of such
act specifically enjoined by law. It permits the court to magnitude as to prejudice the life, health or
retain jurisdiction after judgment in order to ensure property of inhabitants in two or more cities or
the successful implementation of the reliefs provinces (Segovia v. The Climate Change
Commission, G.R. No. 211010, 2017)
For this purpose, the court may compel the Q: What must the petitioner prove?
submission of compliance reports from the A:
respondent government agencies (A.M. No. 09-6-8- 1. Environmental law, rule or regulation violated or
SC, p. 142) threatened to be violated;
2. Act or omission complained of; and

3. The environmental damage of such magnitude NOTE: Damages are not included in the remedies
as to prejudice the life, health or property of available via the issuance of writ of kalikasan.
inhabitants in two or more cities or provinces (Compare with Continuing Mandamus).
(Rule 7, Sec. 2, A.M. No. 09-6-8-SC)
Q: What is the mode of appeal?
Q: How effect does the filing of the petition for the A: Within fifteen (15) days from the date of notice of
Writ of Kalikasan have on other actions? the adverse judgment or denial of motion for
A: The filing of a petition for the issuance of the writ reconsideration, any party may appeal to the
of kalikasan shall not preclude the filing of separate Supreme Court under Rule 45 of the Rules of Court.
civil, criminal or administrative actions (Rule 7, Sec. The appeal may raise questions of fact (Rule 7, Sec.
16, A.M. No. 09-6-8-SC) 16, A.M. No. 09-6-8-SC)
Q: What must the return contain? Q: What pleadings and motions are prohibited?
A: The respondent must state all defenses to show A:
that he did not: 1. Motion to dismiss;
1. Violate 2. Motion for extension of time to file return;
2. Threaten to violate 3. Motion for postponement;
3. Allow the violation of any environmental law, 4. Motion for a bill of particulars;
rule, or regulation; or 5. Counterclaim or cross-claim;
4. Commit any act resulting to environmental 6. Third-party complaint;
damage of such magnitude as to prejudice the 7. Reply; and
life, health, or property of inhabitants of two or 8. Motion to declare respondent in default. (Rule 7,
more cities (Rule 7, Sec. 8, A.M. No. 09-6-8-SC) Sec. 9, A.M. No. 09-6-8-SC)
All defenses not raised are deemed waived. A NOTE: A motion for intervention is excluded from this
general denial of allegations in the petition shall be enumeration. (A.M. No. 09-6-8-SC, p. 136)
considered an admission thereof (Rule 7, Sec. 8,
A.M. No. 09-6-8-SC) Q: Differentiate the Writ of Kalikasan and the Writ
of Continuing Mandamus.
Q: What is the effect of failure to file a return? WRIT OF
A: In case the respondent fails to file a return, the WRIT OF KALIKASAN CONTINUING
court shall proceed to hear the petition ex parte (Rule MANDAMUS
7, Sec. 10, A.M. No. 09-6-8-SC) SUBJECT MATTER
Available against an Directed against:
Q: What reliefs may be granted under the Writ of unlawful act or The unlawful neglect in
Kalikasan? omission of a public the performance of an
1. Directing respondent to permanently cease and official or employee, or act which the law
desist from committing acts or neglecting the private individual or specifically enjoins as a
performance of a duty in violation of entity, involving duty resulting from an
environmental laws resulting in environmental environmental damage office, trust or station in
destruction or damage; of such magnitude as to connection with the
2. Directing the respondent public official, prejudice the life, enforcement or
government agency, private person or entity to health, or property of violation of an
protect, preserve, rehabilitate or restore the inhabitants in two or environmental law rule
environment more cities or or regulation or a right
3. Directing the respondent public official, provinces. therein; or
government agency, private person or entity to
monitor strict compliance with the decision and Magnitude Theof unlawfully
orders of the court; environmental damage exclusion of another
4. Directing the respondent public official, is a condition sine qua
from the use or
government agency, or private person or entity non in a petition for the
enjoyment of such right
to make periodic reports on the execution of the issuance of a writ ofand in both instances,
final judgment; and Kalikasan and must bethere is no other plain,
5. Such other reliefs which relate to the right of the contained in the verified
speedy and adequate
people to a balanced and healthful ecology or to petition. remedy in the ordinary
the protection, preservation, rehabilitation or course of law.
restoration of the environment, except the WHO MAY FILE
award of damages to individual petitioners (Rule Natural or juridical Only the one who is
7, Sec. 15, A.M. No. 09-6-8-SC) person, entity personally aggrieved by
authorized by law,
the unlawful act or

non-governmental omission.
organization, or any
public interest group
accredited by or
registered with any
government agency, on
behalf of persons
whose right to a
balanced and health
ecology is violated or
threatened to be
violated.
RESPONDENT
May be a private Only the government or
individual or entity. its officers.
EXEMPTION FROM DOCKET FEES
Both are exempted. Both are exempted.
VENUE
Supreme Court or The Regional Trial
Any of the stations of Court exercising
the Court of Appeals jurisdiction over the
territory where the
actionable neglect or
omission occurred;
The Court of Appeals;
or
The Supreme Court
DISCOVERY MEASURES
Incorporates the Does not contain any
procedural provision for discovery
environmental right of measures
access to information
through the use of
discovery measures
such as ocular
inspection order and
production order.
DAMAGES FOR PERSONAL INJURY
No damages may be Allows damages for the
awarded. malicious neglect of the
performance of the
A party who avails of legal duty of the
this petition but who respondent, identical to
also wishes to be R65, RoC.
indemnified for injuries
suffered may file
another suit for the
recovery of damages
since the Rule on Writ
of Kalikasan allows for
the institution of
separate actions.

exclusive jurisdiction over them. (Disini v.

VI. CRIMINAL PROCEDURE
Sandiganbayan, G.R. Nos. 169823-24, 2013)
A. GENERAL MATTERS The death of the public officer will not extinguish the
crime nor remove the basis of the charge of
Q. How should the Rules of Criminal Procedure conspiracy between him and the private person.
be construed? Hence, the court exercising exclusive jurisdiction
A: These Rules shall be liberally construed in order continues to have jurisdiction over the offense
to promote their objective of securing a just, speedy charged (People v. Go, G.R. Nos. 168539, 2014)
and inexpensive disposition of every action and
proceeding (Rule 1, Sec. 6) Q: May a trial court deny a motion for
redetermination of probable cause on the ground
Q. Distinguish jurisdiction over the subject of lack of jurisdiction over the person of the
matter and jurisdiction over the person: accused?
JURISDICTION OVER JURISDICTION OVER A:
SUBJECT MATTER THE PERSON OF THE motion for redetermination of probable cause due to
ACCUSED lack of jurisdiction over the person of the accused,
when the motion was filed prior to his arrest. Custody
of the law is not required for the adjudication of reliefs
Derived from the law Acquired either by his other than an application for bail. Custody of the law
arrest or his voluntary is different from jurisdiction over the person, and as
appearance in court. a general rule, one who seeks affirmative relief is
deemed to have submitted to the jurisdiction of the
It can never be acquired May be acquired by court. (David v. Agbay, G.R. No. 199113, 2015)
solely by consent of the consent of the accused
accused. The parties or by waiver of Q: When does a Court have territorial
cannot waive it. objections or failure to jurisdiction?
invoke the objection A: The offense must have been committed or any of
its essential ingredients took place within the
Objection that the court If he fails to make his territorial jurisdiction of the court. In criminal cases,
has no jurisdiction over objection in time, he will venue is an essential element of jurisdiction, thus,
the subject matter may be deemed to have cannot be waived (Navaja v. De Castro, G.R. No.
be made at any stage of waived it. 182926, 2015).
the proceeding and the
right to make such Q: When may injunction be issued to restrain a
objection is never criminal prosecution?
waived, even on appeal. A: As a general rule, writs or injunction or prohibition
to restrain a criminal prosecution are NOT available.
However, in extreme cases, the Court has laid the
Q: Which officers in the executive department are
following exceptions:
under the jurisdiction of the Sandiganbayan?
A: Only Regional Directors with Salary Grade 27 and 1. To afford adequate protection to the
higher fall within the exclusive jurisdiction of the
constitutional rights of the accused
Sandiganbayan. Yet, those that are classified as
Salary Grade 26 and below may still fall within the 2. When necessary for the orderly administration
jurisdiction of the Sandiganbayan, provided that they of justice or to avoid oppression or multiplicity of
hold the positions enumerated by law. The specific actions
inclusion constitutes an exception to the general 3. When there is a prejudicial question which is
qualification. (Duncano v. Sandiganbayan, G.R. No. sub judice
191894, 2015) 4. When the acts of the officer are without or in
excess of authority
Q: Which court has jurisdiction over private 5. Where the prosecution is under an invalid law,
individuals charged as co-principals, ordinance or regulation
accomplices or accessories with public officers
6. When double jeopardy is clearly apparent
or employees?
A: In case private individuals are charged as co- 7. Where the court has no jurisdiction over the
principals, accomplices or accessories with public offense
officers or employees, including those employed in 8. Where it is a case of persecution rather than
government-owned or controlled corporations, they prosecution
shall be tried jointly with said public officers and 9. Where the charges are manifestly false and
employees in the proper courts which shall exercise motivated by the lust for vengeance
10. When there is clearly no prima facie case

against the accused and the motion to quash on Once so authorized, private prosecutors shall
that ground has been denied. (Samson v. continue to prosecute the case up to the end of trial
Guingona, G.R. No. 123504, 2000). unless the authority is revoked or withdrawn. (Sec 5,
Rule 110, Revised Rules of Criminal Procedure
B. PROSECUTION OF OFFENSES amended by A.M. No. 02-2-07-SC)
Q: How are criminal actions instituted? Q: What is the effect if the information is filed by
A: For Offenses Where a Preliminary Investigation is someone not authorized by law?
required: Instituted by filing the complaint with the A: The court does not acquire jurisdiction. The
proper officer for preliminary investigation. (Sec 1,
Rule 110, Revised Rules of Criminal Procedure) part of the prosecutor in filing the information does
not constitute a waiver thereof. (People v. Garfin,
Preliminary investigation is required for offenses G.R. No. 153176, 2004. Quisay v. People G.R. No.
where the penalty prescribed by law is AT LEAST 4 216920, 2016).
years, 2 months and 1 day (prision correccional max)
of imprisonment without regard to the fine. Q: What crimes cannot be prosecuted de officio?
A: Private offenses (concubinage, adultery,
For all other offenses: Instituted DIRECTLY with the seduction, abduction, acts of lasciviousness);
Municipal Trial Court and Municipal Circuit Trial Court
or the complaint is filed with the Office of the Q: Who may prosecute private offenses?
Prosecutor. 1. Adultery and Concubinage
a. Only by the offended spouse who should
In Manila and other chartered cities, the complaint have the status, capacity, and legal
shall be filed with the Office of the Prosecutor unless representation at the time of filing of the
otherwise provided in their charters. In contrast, for complaint regardless of age
criminal offenses outside Metro Manila, the b. Both guilty parties must be included in the
complaint/information must be filed with the complaint.
provincial prosecutor or Municipal Trial Courts. (Rule c. The offended party did not consent to the
110, Sec. 1, Revised Rules of Criminal Procedure) offense nor pardoned the offenders.
2. Seduction, Abduction and Acts of
Q: Who may conduct a preliminary investigation? Lasciviousness Prosecuted exclusively and
A: Provincial or City Prosecutors and their successively by the following persons in this
Assistants; Judges of the Municipal Trial Courts and order:
Municipal Circuit Trial Courts; National and Regional a. By the offended woman;
State Prosecutors; Other officers as may be b. By the parents, grandparents or legal/
authorized by law (e.g. COMELEC Officials, the judicial guardians in that successive order, if
Ombudsman, the Chairman of the PCGG, etc.) (Rule the offended party is a minor or of age but
112, Secs. 1-2) suffers from physical or mental disability;
c. By the State pursuant to the doctrine of
Q: Who may file a criminal complaint? parens patriae, when the offended party dies
A: The offended party, any peace officer, or other or becomes incapacitated before she could
public officer charged with the enforcement of the law file the complaint and she has no known
violated. (Rule 110, Sec. 3) parents, grandparents or guardians.
3. Defamation imputing to a person any of the
Q: Who may prosecute criminal actions? foregoing crimes of concubinage, adultery,
A: All criminal actions commenced by complaint or seduction, abduction, rape or acts of
information shall be prosecuted under the direction lasciviousness Only by the party or parties
and control of the prosecutor. defamed, by imputation of committing the crimes
specified. (Revised Penal Code, Art. 360)
The private Prosecutor May Prosecute the Case in
Case of: If the offended party is of legal age and does not
1. Heavy work schedule of the public prosecutor; suffer from physical or mental disability, she alone
or can file the complaint to the exclusion of all. (Rule
2. In the event of lack of public prosecutors. 110, Sec. 5)
Provided:
a. Authorized in writing by the Chief of the
Prosecution Office or the Regional State
Prosecution; and
b. Subject to the approval of the Court.

Q: Distinguish Complaint from Information: information. To convict him of an offense other than
A: that charged in the complaint or information would be
violative of the Constitutional right to be informed of
COMPLAINT INFORMATION
the nature and cause of the accusation. (Patula v.
Subscribed by the Subscribed by the People, G.R. No. 164457, 2012)
offended party, any prosecutor. It does not
peace officer or other have to be subscribed EXCEPTION: Crimes which necessarily includes or
officer charged with the by the offended party or are included in the offenses charged in the complaint.
enforcement of the law any peace officer or
violated. other peace officer Q. Is the designation of the offense by the
charged with the Prosecutor controlling?
enforcement of the law. A: No. What is controlling is not the title of the
complaint, nor the designation of the offense charged
Filed either in the Filed in court. or the particular law or part thereof allegedly violated,
Municipal Trial Court or these being mere conclusions of law made by the
with the provincial/city prosecutor, but the description of the crime charged
and the particular facts therein recited. (Consigna v.
People. G.R. No. 175750-51, 2014).
Needs to be sworn Requires no oath.
Merely requires that it Q: Must the elements of the crime be alleged in
the information?
A: Yes. Every element of the offense must be stated
in the information. What facts and circumstances are
Q: What constitutes a sufficient complaint or necessary to be included therein must be determined
by reference to the definitions and essentials of the
information?
specified crimes. The requirement of alleging the
A: A complaint or information is sufficient if it states
elements of a crime in the information is to inform the
the: (NDANAP)
accused of the nature of the accusation against him
1. Name of the accused;
so as to enable him to suitably prepare his defense.
2. Designation of the offense by a statute
The presumption is that the accused has no
3. Acts or omission complained of as
independent knowledge of the facts that constitute
constituting the offense;
the offense. (People v. Valdez, G.R. No. 175602,
4. Name of the offended party;
2013)
5. Approximate date of the commission of the
offense; and
Q. Differentiate amendment from substitution.
6. Place where the offense was committed.
AMENDMENT SUBSTITUTION
Q: What constitutes a sufficient designation of an
offense?
A: The Information or Complaint must state or May involve either Involves substantial
designate the following whenever possible: formal or substantial change from original
1. The designation of the offense given by the changes. charge.
statute. (If there is no designation of the Amendment before the Substitution of
offense, reference shall be made to the plea has been entered information must be
section or subsection of the statute can be effected without with leave of court as
punishing it) leave of court. the original
2. The statement of the acts or omissions
information has to be
constituting the offense, in ordinary, concise dismissed.
and particular words.
3. The specific qualifying and aggravating When an amendment Another preliminary
circumstances must be stated in ordinary is only as to form, there investigation is
and concise language. (Rule 110, Sec. 8) is no need for another entailed and the
4. The qualifying and aggravating preliminary accused has to plead
circumstances to be; otherwise, these will investigation and the anew to the new
not be appreciated. (People v. Lapore, G.R. retaking of the plea of information.
No. 191197, 2015) the accused.
Q: Can an accused be convicted of an offense not

clearly charged in the complaint or information?
A: As a rule, an accused cannot be convicted of an
offense that is not clearly charged in the complaint or
AMENDMENT SUBSTITUTION
Q. When are amendments formal or substantial?
A: An amendment is merely formal if it did not change
An amended Requires or the essence of the offense or cause surprise as to
information refers to presupposes that the deprive the petitioner of the opportunity to meet the
the same offense new information new information. If the amendment only states with
charged in the original involves a different precision something that was already included in the
information or to an offense which does original Information, it is merely a formal amendment.
offense which not include or is not (Omar Villarba v. CA, G.R. No. 227777, 2020)
necessarily includes or necessarily included in
is necessarily included the original charge,
in the original charge, hence the accused the accused, under the original complaint or
hence substantial cannot claim double information, would no longer be available after the
amendments to the jeopardy. amendment is made, and when any evidence the
information after the accused might have would be inapplicable to the
plea has been taken complaint or information, as amended. (Kummer v.
cannot be made over People, G.R. No. 174461, 2013)
the objection of the
accused, for if the Q: What are the rules on venue?
original would be A: The criminal action shall be instituted in the court
withdrawn, the of the municipality or territory where the offense or
accused could invoke any of its essential elements occurred.
double jeopardy.
Q: May venue be waived in criminal cases?
A: No. It is an essential element of jurisdiction.
Q. Can an information be amended before
(Navaja v De Castro, G.R. No. 182926, 2015)
arraignment?
A: Yes, amendments in form and substance must be
Q: What determines the venue in a criminal
made before the accused enters his plea, without
action?
leave of court.
A: The jurisdiction of a court over the criminal case is
determined by the allegations in the complaint or
EXCEPTION: The amendment before arraignment
information. Thus, what must be followed is the
must be done (a) upon motion of the prosecutor, (b)
venue alleged in the information (Evangelista v.
with notice to the offended party and (c) with leave of
People, G.R. No. 163267, 2010).
court, when the amendment:
1. Downgrades the offense charged; or
2. Excludes from the Information a co-accused C. PROSECUTION OF CIVIL ACTIONS
(Rule 110, Sec. 14).
Q: When may civil action proceed
Q. Can an information be amended after independently?
arraignment? A: General Rule: Independent civil actions under
A: Yes, but only for formal amendment and only with Articles 32 (violation of civil and political rights), 33
leave of court and without causing prejudice to the (defamation, fraud, physical injuries), 34 (refusal of
rights of the accused. police officer to render aid) and 2176 (quasi-delict) of
the Civil Code:
If it appears at any time before judgment that a 1. May be brought by the offended party;
mistake has been made charging the proper offense, 2. Proceed independently of criminal action; and
the court shall dismiss the original complaint or 3. Require only a preponderance of evidence
information upon filing of a new one charging the (Rule 111, Sec. 3)
proper offense, provided the accused would not be
placed in double jeopardy (Rule 110, Sec. 14). Exception: A plaintiff cannot recover damages twice
for the same act or omission of the defendant. (Civil
Q. What are the tests to consider whether an Code, Art. 2177)
accused is prejudiced by an amendment?
1. Whether a defense under the information as it Q: What is the rule on the implied institution of
originally stood would be available after the civil action with criminal action?
amendment is made; and A: General Rule: The institution or filing of the
2. Whether any evidence defendant might have criminal action includes therein the institution of civil
would be equally applicable to the information in action for recovery of civil liability arising from the
the new form as in the other (People v. offense charged. (Rule 111, Sec. 1)
Borromeo, G.R. No. L-62737 June 29, 1983).
Exception/s: When the offended party: action shall be abandoned. (P.D. No. 1606, as
1. Waives the civil action; amended by R.A. No. 10660, Sec. 4)
2. Reserves his right to institute the civil action
separately; or 3. Tax cases (R.A. No. 9282, Sec. 7[b][1]); and
3. Institutes the civil action prior to the criminal
action. (Rule 111, Sec. 1) 4. Civil actions, which can be filed and prosecuted
independently of the criminal action, namely, those
Q: What civil action is deemed instituted with the provided in Articles 32, 33, 34 and 2176 of the Civil
criminal action? Code.
A: The civil action for the recovery of civil liability that
is deemed instituted with the criminal action refers Q: Does the acquittal of the accused bar the filing
only to that arising from the offense charged. This of a civil case against the accused?
does NOT include other sources of civil liability, such A: The acquittal of petitioner does not bar the
as civil liability ex contractu. (Solidum v. People, G.R. offended party from pursuing a subsequent civil case
No. 192123, 2014) based on the delict, UNLESS, the judgment of
acquittal expressly declares that the act or omission
Q. When can the civil action be reserved? from which the civil liability may arise did not exist.
1. Before the prosecution starts to present its (Coscuella v. Sandiganbayan. G.R. No. 191411,
evidence; and 2013)
2. Under circumstances affording the offended
party a reasonable opportunity to make such Q: What is the effect of the death of the accused
reservation (Rule 111, Sec. 1). on civil and criminal liability?
A: Before Arraignment
Q. What instances bar the reservation of the civil The criminal action shall be dismissed without
action? s filing any civil action
A: against the estate of the deceased.
1. Criminal action for violation of B.P. 22 and Estafa:
Unless a separate civil action has been filed before After Arraignment and During the Pendency of
the institution of the criminal action, no such civil the Criminal Action
action can be instituted after the criminal action has General Rule: Death extinguishes the civil liability
been filed as the same has been included therein. arising from delict or the offense.
Where the civil action has been filed separately
before the criminal action, it may be consolidated Exception: Where civil liability is predicated on other
upon application with the court trying the latter case. sources of obligations such as law, contract, quasi-
contract, and quasi-delict (Asilo v. People G.R. Nos.
NOTE: The civil liability arising from the act of issuing 159017-18, 2011) - Independent civil action
a bouncing check can be the subject of both civil
actions deemed instituted with the estafa case and After Final Judgment
the BP 22 violation. In the crimes of both estafa and The action is enforced as a money claim against the
violation of BP 22, Rule 111 of the Rules of Court estate. (Rule 86)
expressly allows, even automatically, the institution
of a civil action without need of election by the Q: What is a prejudicial question?
offended party. (Rodriguez v. Ponferrada, G.R. Nos. A: One which arises in a case, the resolution of which
155531-34, 2005) is a logical antecedent of the issue involved in the
criminal case and the cognizance of which pertains
2. A claim arising from an offense which is cognizable to another tribunal. (Zapata v. Montesa, G.R. No. L-
by the SB a civil action filed prior to the criminal 14534, 1962)
action has to be consolidated with the subsequently
filed criminal action for joint hearing (P.D. No.1606 as Q: When can an accused move for the
amended by R.A. No. 8249, Sec. 4); suspension of the criminal action based upon a
prejudicial question
NOTE: The filing of the criminal action shall be A: A petition for suspension of the criminal action
deemed to necessarily carry with it the filing of the based upon the pendency of a prejudicial question in
civil action, and no right to reserve the filing of such a civil action may be filed in the office of the
civil action separately from the criminal action shall prosecutor or the court conducting the preliminary
be recognized. However, where the civil action had investigation. Even during preliminary investigation,
heretofore been filed separately but judgment has not a petition for suspension based on prejudicial
been rendered, and a criminal case is filed before the question can be filed before the investigating officer.
Sandiganbayan or appropriate court, said civil action
shall be transferred thereto. Otherwise, the civil

When the criminal action has been filed in court for D. PRELIMINARY INVESTIGATION
trial, the petition to suspend shall be filed in the same
criminal action at any time before the prosecution Q: What is the nature of a preliminary
rests (Rule 111, Sec. 6). investigation?
A: The preliminary investigation, which is the
Q: What are the elements of a prejudicial
question? affidavits, counter-affidavits and evidence to buttress
A: The elements are: their separate allegations, is merely inquisitorial, and
1. The civil case involves facts intimately is often the only means of discovering whether a
related to those upon which the criminal person may be reasonably charged with a crime, to
prosecution enable the prosecutor to prepare the information. It is
would be based; not yet a trial on the merits, for its only purpose is to
2. In the resolution of the issue or issues raised determine whether a crime has been committed and
in the civil action, the guilt or innocence of whether there is probable cause to believe that the
the accused would necessarily be accused is guilty thereof. What is required is only that
determined; and the evidence be sufficient to establish probable
3. Jurisdiction to try said question must be cause that the accused committed the crime
lodged in another tribunal. (People v. charged, not that all reasonable doubt of the guilt of
Arambulo, G.R. No. 186597, 2015) the accused be removed. (Enrile and Enrile v. Judge
Manalastas, et al., G.R. No. 166414, 2014)
Q: Is there a prejudicial question if the civil and
criminal action can proceed independently? Q: Is preliminary investigation covered by the
A: There is no prejudicial question if the civil and the Due Process clause of the Constitution?
criminal action can, according to law, proceed A: No. The right to a preliminary investigation is
independently of each other. Under Rule 111, personal. It is afforded to the accused by statute, and
Section 3 of the Revised Rules on Criminal can be waived, either expressly or by implication.
Procedure, in the cases provided in Articles 32, 33, (Benedicto v. CA, G.R. No, 125359, 2001)
34 and 2176 of the Civil Code, the independent civil
action may be brought by the offended party. It shall Q: When is it required?
proceed independently of the criminal action and A:
shall require only a preponderance of evidence. In no General Rule: BEFORE the filing of a complaint or
case, however, may the offended party recover information for an offense where the penalty
damages twice for the same act or omission charged prescribed by law is at least 4 years, 2 months and 1
in the criminal action. (Consing, Jr. vs. People, G.R. day without regard to the fine.
No. 161075, 2013)
Exception: If the accused was lawfully arrested
Q: Must a civil case precede the criminal case for without a warrant (Rule 112, Sec. 1)
the doctrine of prejudicial question to apply?
A: Q. What is an Inquest?
General Rule: There must be a previously instituted A: Inquest is an informal and summary investigation
civil action and a subsequent criminal action for the conducted by a public prosecutor in criminal cases
doctrine of prejudicial question to apply. involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for
Exception: The Supreme Court has relaxed this rule the purpose of determining whether or not said
in terms of scope and application, extending it to a persons should remain under custody and
previously instituted administrative case and a correspondingly charged in court. (DOJ Department
subsequent civil case (Quiambao v. Osorio, G.R. No. Circular No. 61, 1993)
L-48157, 1998) and also a previously instituted
administrative case and a subsequent criminal case Q: When may a warrant of arrest be issued?
(San Miguel Properties, Inc. vs. Sec. Hernando A: The judge, upon the filing of the complaint or
Perez, G.R. No. 166836, 2013). information with the court, finds probable cause,
he/she shall issue a warrant of arrest or a
commitment order (if the accused had already been
arrested) and hold him/her for trial. If the judge is
satisfied that there is no necessity for placing the
accused under custody, he/she may issue summons
instead of warrant of arrest.
If the judge does not find probable cause, he may

either dismiss the case or give the prosecutor a

period of 10 days to file additional evidence. If the memorandum indicating the

judge dismisses the case, he must state the basis of reasons for the action taken
his dismissal. 4. Forward the same, together with the record
of the case to the City or Provincial
However, if the evidence on record shows that, more Prosecutor for appropriate action (Sec. 9
likely than not, the crime charged has been DOJ Circular No. 61).
committed and that respondent is probably guilty of
the same, the judge should not dismiss the case and Q. Under what conditions may an accused who
thereon, order the parties to proceed to trial. (People underwent an inquest request a preliminary
vs. Young, GR No. 213910, 2016) investigation?
A: Before the filing of a complaint or information, the
Q: Distinguish probable cause to be determined person arrested without a warrant may ask for a
by Prosecutor from that determined by a Judge. preliminary investigation by a proper officer, but he
A: Determination of probable cause is either must sign a waiver of the provisions of Article 125 of
executive or judicial in nature. The first pertains to the the RPC.
duty of the public prosecutor during preliminary 1. If the accused allows himself to be arraigned
investigation for the purpose of filing an information without asking for a preliminary
in court. At this juncture, the investigating prosecutor investigation, he is deemed to have waived
evaluates if the facts are sufficient to engender a the right to such PI.
well-founded belief that a crime has been committed 2. If the complaint or information was filed
and that the accused is probably guilty thereof. without PI, the accused may, within 5 days
from the time he learns of the filing of the
On the other hand, judicial determination of probable information, ask for a preliminary
cause refers to the prerogative of the judge to investigation with the same right to adduce
ascertain if a warrant of arrest should be issued evidence in his favor in the manner
against the accused. At this stage, the judge makes prescribed in this Rule. (5 day period is
a preliminary examination of the evidence submitted, MANDATORY; failure to file within the said
and on the strength thereof, and independent from period amounts to a waiver)
the findings of the public prosecutor, determines the 3. Where the information was amended
necessity of placing the accused under immediate without a new PI having been conducted, the
custody in order not to frustrate the ends of justice. 5-day period is computed from the time the
(People v. Young, GR 213910, 2016) accused learns of the filing of said amended
information (Rule 112, Sec. 6).
Q. Who conducts an Inquest?
A: The inquest is conducted by a public prosecutor Q. Can an inquest prosecutor investigate the
who is assigned inquest duties as an Inquest Officer accused for a crime other than that which caused
and is to discharge his duties, unless otherwise the arrest?
directed, only at the police stations/headquarters of A: Inquest prosecutors can only conduct an inquest
the PNP in order to expedite and facilitate the for the offense that was alleged in the arrest report. If
disposition of inquest cases. (Sec. 2, Part II, Manual they conduct an inquest for any other offense, they
for Prosecutors). overstep their authority, rendering the second inquest
void. (Beltran v. People, G.R. No. 175013, 2007)
Q. What are the duties of an Inquest Officer?
A: Q: What is the effect of absence of preliminary
1. To determine if the arrest of the detained investigation?
person is valid; A: The absence of a preliminary investigation does
2. If found valid he shall: not impair the validity of the information or otherwise
a. Ask the detainee if he desires to render it defective. Neither does it affect the
avail of himself preliminary jurisdiction of the court or constitute a ground for
investigation quashing the information. The trial court, instead of
b. If he does, he shall be made to dismissing the information, should hold in abeyance
execute a waiver of the provision of the proceedings and order the public prosecutor to
Art. 125 of the RPC. conduct a preliminary investigation. (Villaflor v. Viva,
3. If the arrest was not made in accordance G.R. No. 134744, 2001)
with the law and/or the Rules, he shall:
a. Recommend the release of the
person arrested or detained
b. Note down the disposition on the
referral document; Prepare a brief

E. ARREST Q: What are the requisites to constitute a valid

arrest in flagrante delicto? What are the effects of
Q: When is a warrantless arrest valid and such a valid warrantless arrest?
lawful? A: To constitute a valid in flagrante delicto arrest, two
1. When in the presence of the arresting officer, requisites must concur: (1) the person to be arrested
the person to be arrested has committed, is must execute an overt act indicating that he has just
actually committing or is attempting to commit committed, is actually committing, or is attempting to
an offense (in flagrante delicto) (Rule 113, Sec. commit a crime; and (2) such overt act is done in the
5[a]) presence or within the view of the arresting officer.
2. When an offense has just been committed and (Martin Villamor v. Victor Bonaobra, G.R. No.
he has probable cause to believe based on 200396, 2017)
personal knowledge of fact and circumstance
that the person to be arrested has committed it. A valid warrantless arrest gives the officers the right
(hot pursuit).(Rule 113, Sec. 5[b]) to search the area for objects relating to the crime
and seize them only if they are in plain view. In the
NOTE: This doctrine is different from in flagrante course of their lawful intrusion, if items plainly visible
delicto in the sense that this does not require the were discovered, the police officers would be justified
arresting officer or person to personally witness in seizing them. A valid warrantless arrest means that
the commission of the offense. What is the search and seizure that resulted from it are
important is the immediacy of the arrest likewise lawful. The objects obtained from such lawful
reckoned from the commission of the crime. search and seizures are admissible in evidence.
However, it is not enough that the arresting (Saraum v. People, G.R. No. 205472, 2016)
officer had reasonable ground to believe that
the accused had just committed a crime; a crime Q. What are the requisites of a valid warrant of
must, in fact, have been committed first and that arrest?
the arresting officer knows for a fact that it has 1. The arrest warrant must be issued upon
been committed. (Comerciante v. People, G.R. probable cause.
No. 205926, 2015) 2. Probable cause must be determined personally
by a judge.
Note: The standards for evaluating the factual 3. There must be an examination under oath or
basis supporting a probable cause assessment affirmation of the complainant and the
are not less stringent in warrantless arrest witnesses he may produce.
situation than in a case where a warrant is 4. The warrant must particularly describe the
sought from a judicial officer. The probable person to be seized. (Tabujara III v. People,
cause determination of a warrantless arrest is G.R. No. 175162, 2008)
based on information that the arresting officer
possesses at the time of the arrest and not on Q: May the defense file a motion for judicial
the information acquired later. (People vs. declaration of probable cause when a warrant of
Pestilos, GR No. 182601, 2014) arrest or a commitment order has already been
issued or when arraignment has already been
3. When the person to be arrested is a prisoner set?
who has escaped from a penal establishment or A: No. The motion shall be denied by the courts.
place where he is serving final judgment or Section 6 of Rule 112 specifically provides that
temporarily confined while his case is pending before a warrant of arrest or a commitment order may
or has escaped while being transferred from be issued by the judge, there must first be a judicial
one confinement to another [Escaped Prisoner]. determination of probable cause by the judge
(Rule 113, Sec. 5[c]) himself. In one case, it was held that a motion for
4. When a person who has been lawfully arrested judicial declaration of probable cause is moot and
escapes or is rescued (Rule 113, Sec. 13) academic when a warrant of arrest is subsequently
5. By the bondsman for the purpose of issued. (Hao v. People, G.R. No. 183345, 2014)
surrendering the accused (Rule 113, Sec. 23)
6. Where the accused released on bail attempts to Q: How is an arrest made?
leave the country without permission of the 1. By actual restraint of the person to be arrested;
court (Rule 114, Sec. 23) or
2. By his/her submission to the custody of the
person making the arrest. (Rule 113, Secs. 1- 2)

Q: What are the methods of arrest? plea; otherwise, the objection is deemed waived.
A: (Salvador V. Rebellion v. People, G.R. No. 175700,
2010)
(1) By an officer with a warrant
Inform the person to be arrested of the: Q: Are routine baggage inspections conducted
1. Cause of the arrest and by port authorities, done without a search
2. The fact that a warrant has been issued for warrant, unreasonable per se? Is it the same as a
his arrest (Rule 113, Sec. 7). customs search?
A: With port security personnel's functions having the
Exceptions: color of state-related functions and deemed agents
1. When a person flees; or of government, the Bill of Rights applies in this case.
2. When a person forcibly resists before
the officer has opportunity to so inform Searches pursuant to port security measures are not
him; or unreasonable per se. The security measures of x-ray
3. When the giving of such information scanning and inspection in domestic ports are akin to
will imperil his arrest (Rule 113, Sec. routine security procedures in airports. The reason
7). behind it is that there is a reasonable reduced
expectation of privacy when coming into airports or
(2) By an officer without a warrant ports of travel.
Inform the person to be arrested of:
1. His authority and Travelers are often notified through airport public
2. The cause of the arrest (Rule 113, Sec. 8). address systems, signs and notices in their airline
tickets that they are subject to search and, if any
Exceptions: prohibited materials or substances are found, such
1. When the person is engaged in the would be subject to seizure. These announcements
commission of an offense; or place passengers on notice that ordinary
2. Pursued immediately after its constitutional protections against warrantless
commission; or searches and seizures do not apply to routine airport
3. Has escaped, flees; or procedures.
4. Forcibly resists before the officer has
opportunity to so inform him; or It is also important to note that routine baggage
5. When giving of such information will inspections are different from a customs search.
imperil the arrest (Rule 113, Sec. 8). Although customs searches usually occur within
ports or terminals, it is important that the search must
(3) By a private person be for the enforcement of customs laws. (Dela Cruz
Inform the person to be arrested of: v. People, G.R. No. 209387, 2016)
1. Intention to arrest him and
2. The cause of the arrest (Rule 113, Sec. 9). Q: Can an anonymous tip be the basis of a
warrantless search?
Exceptions: A: Exclusive reliance on an unverified, anonymous
1. The person to be arrested is engaged in tip cannot engender probable cause that permits a
the commission of an offense; warrantless search of a moving vehicle that goes
2. Pursued immediately after its beyond a visual search (People v. Sapla, G.R. No.
commission; 244045, 2020)
3. Has escaped, flees;
4. Forcibly resists before the officer has F. SEARCH AND SEIZURE
opportunity to so inform him; or Note: Moved here for easier understanding.
5. When giving of such information will
imperil the arrest (Rule 113, Sec. 9). Q: What is the nature of a search warrant?
A: A search warrant is an order in writing issued in
Q: What is the effect of the failure to raise an the name of the People of the Philippines, signed by
objection to the irregularity of arrest before the judge and directed to a peace officer,
arraignment? commanding him to search for personal property
A: An accused is estopped from assailing any described therein and bring it before the court. (Rule
irregularity of his arrest if he fails to raise this issue or 126, Sec. 1)
to move for the quashal of the information against
him on this ground before arraignment. Any objection Q: Is an application for a search warrant a
involving a warrant of arrest or the procedure by criminal action?
which the court acquired jurisdiction over the person A: No. A warrant such as a warrant of arrest or a
of the accused must be made before he enters his search warrant merely constitutes a court process. It
is in the nature of a criminal process akin to a writ of Q: Where is the application for a search warrant
discovery. It is a special and peculiar remedy, drastic filed?
in its nature, and made necessary because of a A: Before any court w/in whose territorial jurisdiction
public necessity. In American jurisdictions, from a crime was committed. (De Joya v. Marquez, citing
which we have taken our jural concept and provisions Regalado, Remedial Law Compendium, Vol. 1, pp. 7-
on search warrants, such warrant is definitively 9; Sps. Marimla v. People, G.R. No. 158467, 2009)
considered merely as a process, generally issued by
a court in the exercise of its ancilliary jurisdiction. Exceptions:
(Pilipinas Shell Petroleum Corp., et al. v. Romars 1. Before any court w/in the judicial region where
International Gases., G.R. No. 189669, 2015) the crime was committed if the place of the
crime is known. (A.M. No. 00-5-03-SC as cited
Q: When can a search warrant or warrant of arrest in Sps. Marimla v. People, G.R. No. 158467,
be issued? 2009)
A: No search warrant or warrant of arrest shall issue 2. Before any court w/in the judicial region where
except upon probable cause to be determined the warrant shall be enforced. (A.M. No. 00-5-
personally by the judge after examination under oath 03-SC as cited in Sps. Marimla v. People, G.R.
or affirmation of the complainant and the witnesses No. 158467, 2009)
he may produce, and particularly describing the place
to be searched and the persons or things to be Note: In both exceptions, filing in such courts
seized. (PHIL. CONST. art. III, § 2) requires compelling reasons stated in the
application.
Q: What are the purposes of the constitutional
provision against unlawful searches and 3. Application shall be made only in the court
seizure? where the criminal action is pending, if criminal
A: To prevent the officers of the law from violating action has already been filed. (Sec. 2, Rule 126,
private security in person and property and illegally Revised Rules of Criminal Procedure)
invading the sanctity of the home; and give remedy
against such usurpations when attempted or Q: What are the exceptions to the requirement of
committed. (PLDT v. Razon, G.R. No. 179408, 2014) a search warrant?
1. Search incidental to lawful arrest
Q: How must be the place described in order for 2.
a warrant to be issued? 3. Search of a moving vehicle
A: A description of a place to be searched is sufficient 4. Consented warrantless search
if the officer with the warrant can, with reasonable 5. Customs search
effort, ascertain and identify the place intended and 6. Stop and frisk (Terry searches)
distinguish it from other places in the community. Any 7. Checkpoints
designation or description known to the locality that 8. Exigent and emergency circumstances
points out the place to the exclusion of all others, and 9. Search of vessels and aircraft
on inquiry leads the officers unerringly to it, satisfies 10. Inspection of buildings and other premises for
the constitutional requirement. (Laud v. People, G.R. the enforcement of fire, sanitary and building
No. 199032, 2014) regulations (People v. Bacla-an Lapitaje, G.R.
No. 132042, February 19, 2003)
Q: When does a search warrant particularly 11. Inventory searches (Colorado v. Bertine, 479
describe the things to be seized? US 367).
A:
a. The description therein is as specific as the Q: What are the remedies against the issuance of
circumstances will ordinarily allow (People v. a Search Warrant?
Rubio, 57 Phil. 384, 1932) 1. Motion to Quash the Search Warrant
b. The description expresses a conclusion of 2. Motion to Suppress Evidence the object illegally
fact- not of law- by which the warrant officer taken
may be guided in making the search and 3. Replevin, if the objects are legally possessed
seizure (idem., dissent of Abad Santos, J.) or 4. Certiorari, where the search warrant is a patent
c. Things described are limited to those which nullity.
bear direct relation to the offense for which the 5. File a complaint for damages under Art. 32, in
warrant is being issued. (Sec. 2, Rule 126, relation to Art. 2219 (6) and (10) of the Civil
Revised Rules of Court; Laud v. People, G.R. Code;
No. 199032, 2014) 6. File an administrative case under Section 41 of
R.A. No. 6975
Q: What are the exceptions to the fruit of the

poisonous tree doctrine? 3. That he committed the offense while under

A: probation, parole or conditional pardon;
1. Evidence obtained independently from the [Probation]
misconduct (Nix v. Williams, 467 US 431, 4. That the circumstances of his case indicate the
1984) probability of flight if released on bail; [Flight-
2. Evidence subject to inevitable discovery (Nix, risk] or
supra.) 5. That there is undue risk that he may commit
3. Attenuated taint (Nardone v. US. 308 US 388, another crime during the pendency of the appeal.
1939). [Crime-risk] (Rule 114, Sec. 5)
G. BAIL Q: When is bail a matter of right?

1. Before or after conviction by the MTC; and
Q: What is Bail? 2. Before conviction by RTC for all offenses
A: It is the security given for the release of a person punishable by a penalty lower than reclusion
in custody of the law, furnished by him or a perpetua, death, or life imprisonment. (Rule
bondsman, to guarantee his appearance before any 114, Sec. 4)
court as required under the conditions hereinafter
specified. (Rule 114, Sec. 1) Q: When is bail a matter of discretion?
A:
Q: What are the forms of bail? 1. Before conviction, in offenses punishable by
A: These are: death, reclusion perpetua or life imprisonment
1. Corporate surety (bond issued by an 2. After conviction by the RTC of a non-capital
authorized agent of a corporation authorized offense. (Rule 114, Sec. 5)
by law to act as surety);
2. Property bond (an undertaking constituted as Q: When is hearing for bail mandatory?
a lien on the property given as security for bail; A: Although in theory, the only function of bail is to
3. Cash deposit; and ensure the appearance of the accused at the time set
4. Recognizance (release of any person in for the arraignment and trial; and in practice, bail
custody or detention for the commission of an serves the further purpose of preventing the release
offense who is unable to post bail due to abject of an accused who may be dangerous to society or
poverty). (Rule 114, Sec. 1) whom the judge may not want to release, a hearing
upon notice is mandatory before the grant of bail,
Q: Distinguish Bail Bond from Recognizance whether bail is a matter of right or discretion. With
more reason is this true in criminal prosecutions of a
BAIL BOND RECOGNIZANCE capital offense, or of an offense punishable by
reclusion perpetua or life imprisonment.
An obligation given by An obligation of record,
the accused with one or entered into before Even if the accused did not file an application for bail
more sureties and made some court or and even if the public prosecutor had recommended
payable to the proper magistrate duly bail, a hearing should still be held. Such hearing is
officer with the condition authorized to take it, separate and distinct from the initial hearing to
to be void upon with the condition to do determine the existence of probable cause. (Atty.
performance by the some particular act Franklin G. Gacal v. Judge Jaime I. Infante, A.M. No.
accused of such acts as RTJ-04-1845, 2011)
he may legally be
required to perform. Petitions for Bail must be resolved within the non-
extendible period of 30 days, except in drug cases
Q: What are the bail-negating circumstances? which shall be 20 days. (Continuous Trial Guidelines,
A: If the penalty imposed by the trial court is A.M. No. 15-06-10-SC, 11(a)).
imprisonment exceeding 6 years, the accused shall
be denied bail or his bail be cancelled upon a Q: What are the duties of a trial judge in a petition
showing by the prosecution of the following: for bail in offenses punishable by reclusion
1. Accused is a recidivist, quasi-recidivist or perpetua, life imprisonment, or death?
habitual delinquent or has committed the crime 1. In all cases, whether bail is a matter of right or
aggravated by the circumstance of reiteration; of discretion, notify the prosecutor of the hearing
[Recidivist] of the application for bail or require him to
2. That he has previously escaped from legal submit his recommendation
confinement, evaded sentence or violated the 2. Where bail is a matter of discretion, conduct a
condition of his bail without valid justification; hearing of the application for bail regardless of
[Escaped] whether or not the prosecution refuses to

present evidence to show that the guilt of the Q: Distinguish custody of law from jurisdiction
accused is strong for the purpose of enabling over the person.
the court to exercise its sound discretion; JURISDICTION OVER
CUSTODY OF LAW
3. Decide whether the guilt of the accused is THE PERSON
strong based on the summary of evidence of the Required before the Required for the
prosecution; court can act upon the adjudication of other
4. If the guilt of the accused is not strong, application for bail reliefs
discharge the accused upon the approval of the Accomplished by either Acquired upon his
bailbond (Enrile v. Sandiganbayan, G.R. No. arrest or voluntary arrest or voluntary
213847, 2015) surrender appearance
One can be under the One can be subject to
Q: What are the conditions for bail? custody of the law but the jurisdiction of the
1. The accused shall appear before the proper not yet subject to the court over his person,
court whenever required by the court of these jurisdiction of the court and yet not be in the
Rules; over his person, such custody of the law, such
2. The failure of the accused to appear at the trial as when a person as when an accused
without justification and despite due notice shall arrested by virtue of a escapes custody after
be deemed a waiver of his right to be present warrant files a motion his trial has
thereat. In such case, the trial may proceed in before arraignment to commenced
absentia; and quash the warrant
3. The bondsman shall surrender the accused to
the court for execution of the final judgment. Jurisdiction over the person of the accused is
acquired upon his arrest or voluntary appearance.
The undertaking shall be effective upon One can be under the custody of the law but not yet
approval, and unless cancelled, shall remain in subject to the jurisdiction of the court over his person,
force at all stages of the case until promulgation such as when a person is arrested by virtue of a
of the judgment of the Regional Trial Court, warrant files a motion before arraignment files a
irrespective of whether the case was originally motion before arraignment to quash the warrant. On
filed in or appealed to it. (Rule 114, Sec. 2) the other hand, one can be subject to the jurisdiction
of the court over his person yet not be in the custody
Q: Is arraignment required before the granting of of the law, such as when an accused escapes
bail? custody after his trial has commenced. Being in the
A: No. Bail does not require arraignment. As long as custody of the law signifies restraint on the person,
there is deprivation of liberty or voluntary surrender, [it] is literally custody over the body of the accused.
one can apply for bail. (Serapio v. Sandiganbayan, (David v. Agbay, G.R. No, 199113, 2015).
G.R. No. 148468, 2003)
Custody of the law is required before the court can
The trial court could ensure the presence of the act upon the application for bail, but is not required
accused at the arraignment precisely by granting bail for the adjudication of other reliefs sought by the
and ordering his presence at any stage of the defendant where the mere application therefor
proceedings such as arraignment. (Rule 114, Sec. 2) constitutes a waiver of the defense of lack of
jurisdiction over the person of the accused. (M. DE
Requiring arraignment would place the accused in a LEON)
position where he has to choose between 1) filing a
motion to quash and thus delay his release on bail Q: Is the application for bail a bar to objections
and; 2) foregoing the filing of a motion to quash so on illegal arrest, lack of or irregular preliminary
that he can be arraigned at once and thereafter be investigation?
released on bail. These scenarios certainly A: Bail is not a bar to objections on illegal arrest, lack
of or irregular preliminary investigation. An
put on trial except upon valid complaint or information application for admission to bail shall not bar the
sufficient to charge him with a crime and his right to accused from:
bail. (Lavides v. Court of Appeals, G.R. No. 129670, 1. Challenging the validity of his arrest; or
2000) 2. The legality of the warrant issued therefore; or
3. From assailing the regularity or questioning the
absence of a preliminary investigation of the
charge against him.
PROVIDED: That the accused raises them

before entering his plea. The court shall resolve
the matter as early as practicable, but not later

than the start of the trial of the case. (Rule 114, 5. Any person not yet charged in court may apply
Sec. 26) for bail with any court in the province, city or
municipality where he is held;
Q: What happens when an accused who is 6. If the accused was convicted and the nature of
granted bail fails to appear before the court who the offense changed from non-bailable to
requires his appearance? bailable, the application can be made with and
A: When bail is granted, the accused must appear resolved by the appellate court (Rule 114, Sec.
whenever the court requires his presence; otherwise, 17)
his bail shall be forfeited. This authorizes the court to
cancel the bail bond. Any motion for bail pending H. ARRAINGMENT AND PLEA
appeal will also be denied because of violation of the
conditions of the previous bail. Once an accused Q: What is Arraignment?
escapes from prison or confinement, jumps bail or A: Arraignment means the proceeding in a criminal
flees to a foreign country, he loses his standing in case, whose object is to fix the identity of the
court. Unless he surrenders or submits to the accused, to inform him of the charge and to give him
jurisdiction of the court, he is deemed to have waived an opportunity to plead, or to obtain from the accused
any right. his answer, in other words, his plea to the
information. (People v. Pillado, G.R. No. L- 7254,
Q: What happens when an accused violates the 1954)
conditions of bail while pending appeal?
A: The Court may, at the instance of the appellee or Q: When should arraignment be held?
its own motion, dismiss the appeal. (Rule 124, Sec. A: Accused should be arraigned within 30 days from
8) the date the court acquires jurisdiction over his
person, unless a shorter period is provided for by law.
Q: What factors may the Court consider in setting The time of the pendency of a motion to quash or a
the amount of bail? bill of particulars or other causes justifying
A: suspension of arraignment shall be excluded in
1. Financial ability of the accused to give bail; computing the period. (Rule 116, Sec. 1[g])
2. Nature and circumstances of the offense;
3. Penalty for the offense charged; Q: What are the instances where the law provides
4. Character and reputation of the accused; a shorter period of time?
5. Age and health of the accused; 1. When an accused is under preventive detention,
6. Weight of the evidence against the accused; his case should be raffled within 3 days from
7. Probability of the accused appearing at the trial; filing and the accused shall be arraigned within
8. Forfeiture of other bail; 10 days from receipt by the judge of the records
9. The fact that the accused was a fugitive from of the case. [R.A. 8493 Speedy Trial Act]
justice when arrested; and 2. Where the complainant is about to depart from
10. Pendency of other cases where the accused is the Philippines with no definite date of return, the
on bail (Rule 114, Sec. 9). accused should be arraigned without delay.
[R.A. 4908]
Q: Where may Bail be filed? 3. Cases under R.A. 7610 (Child Abuse Act), the
A: Bail, Where Filed trial shall be commenced within 3 days from
1. May be filed with the court where the case is arraignment.
pending: (e.g., if a case for homicide is pending 4. Cases under the Dangerous Drugs Act.
before Branch 1 of RTC Manila, the accused 5. Cases under SC AO 104-96, i.e., heinous
should post/file bail in Branch 1); crimes, violations of the Intellectual Property
2. In the absence or unavailability of the judge Rights Law, these cases must be tried
thereof, with the regional trial judge or any first continuously until terminated within 60 days from
court judge in the province, city or municipality; commencement of the trial and to be decided
3. If the accused was arrested in a province, city or within 30 days from the submission of the case.
municipality other than where the case is
pending, bail may be filed with the RTC of the Q: What is plea bargaining?
said place or if no judge is available, with any first A: Plea Bargaining is the process whereby the
court judge therein; accused, the offended party and the prosecution
4. Where bail is a matter of discretion or the work out a mutually satisfactory disposition of the
accused seeks to be released on recognizance,
it may only be filed in the court where the case is involv
pending, whether on trial or appeal; offense or to only one or some of the counts of a
multi-count indictment in return for a lighter sentence

than that for the graver charge. (Daan v. Q: What is an improvident plea?
Sandiganbayan, G.R. No. 163972-77, 2008) A: It is a plea without information as to all the
circumstances affecting it; based upon a mistaken
NOTE: Acceptance of an offer to plead guilty is not a assumption or misleading information or advice. In
demandable right but depends on the consent of the such a case, conviction will be set aside if the plea of
offended party and the prosecutor. It is further guilty is the sole basis for the judgment. However, the
addressed to the sound discretion of the trial court. court may validly convict the accused if such
(Estipona v. Lobrigo, G.R. No. 226679, 2017) conviction is supported by adequate evidence of guilt
independent of the plea itself.
Q: When may accused enter a plea of guilty to a
lesser offense? Q: In what instances is there an improvident
A: Plea to Lesser Offense During Arraignment. plea?
During arraignment, the accused may enter a plea of 1. Plea of guilty was compelled by violence or
guilty to a lesser offense PROVIDED there is consent intimidation
of the offended party AND of the prosecutor to the 2. Accused did not fully understand the meaning
plea of guilty to a lesser offense that is necessarily and consequences of his plea
included in the offense charged. The accused may 3. Insufficient information to sustain conviction of
also enter a plea of guilty to a lesser offense if the the offense charged
offended party was notified and did not appear in the 4. Information does not charge an offense
arraignment of the accused. (Rule 116, Sec. 2) 5. Court has no jurisdiction
Plea to lesser offense after arraignment but Q: Must a Court remand the case for further
before trial. After arraignment but before trial, the proceedings if there is a finding of an
accused may still be allowed to plead guilty to a improvident plea?
lesser offense after withdrawing his previous plea of A: It depends. Where there is an improvident plea of
not guilty. No amendment to the complaint or guilt, but the prosecution was able to prove beyond
information is necessary. (Rule 116, Sec. 2) reasonable doubt the guilt of the accused, no remand
is necessary for so long as there is no procedural
Plea to lesser offense after trial has begun. After unfairness or irregularity.
the prosecution has rested its case, a change of plea
to a lesser offense may be granted by the judge, with Where there is an improvident plea of guilt, but the
the approval of the prosecutor and the offended party prosecution was unable to prove beyond reasonable
if the prosecution does not have sufficient evidence doubt the guilt of the accused, remand for further
to establish the guilt of the accused for the crime proceedings is necessary.
charged. The judge cannot on its own grant the
change of plea. (People vs. Kayanan, G.R. No. L- EXCEPTION: Where the prosecution was still unable
39355, 1978) to prove beyond reasonable doubt despite multiple
chances to do so, no remand is necessary, and
Q: What should the court do when the accused acquittal should follow. (PP v. Pagal, G.R. No.
pleads guilty to a capital offense: 241257, 2020)
1. Conduct a searching inquiry into the
voluntariness and full comprehension of the Q: What are the grounds for suspension of
consequences of the plea. arraignment?
2. Require prosecution to present evidence to 1. There exists a prejudicial question
prove the guilt and precise degree of culpability 2. Accused appears to be suffering from an
of the accused unsound mental condition which renders him
3. Ask the accused if he desires to present unable to understand the charge against him and
evidence in his behalf and allow him to do so if to plead intelligently thereto.
he desires. (Rule 116, Sec. 3) 3. There is a petition for review pending before the
DOJ or Office of the President, however the
Q: What are the elements of a searching inquiry? period of suspension shall not exceed 60 days
1. Judge must convince himself that accused is counted from the filing of the petition for review.
entering the plea voluntarily and intelligently.
2. Judge must convince himself that there exists a NOTE: While the pendency of a petition for review is
rational basis for the finding of guilt based on a ground for suspension of the arraignment, the
Rules on Criminal Procedure limits the deferment of
3. Inform the accused of the exact length of the arraignment to a period of 60 days reckoned from
imprisonment and the certainty that he will serve the filing of the petition with the reviewing office. It
it in a national penitentiary (People v. Dayot, follows, therefore, that after the expiration of said
G.R. No. 88281, July 20, 1990). period, the trial court is bound to arraign the accused

or to deny the motion to defer arraignment. The trial

MOTION TO QUASH DEMURRER TO
court has to set the date of arraignment even before
EVIDENCE
the lapse of 60 days. (Aguinaldo vs. Ventus, G.R. No.
176033, 2015)
If denial is with grave If denied, shall not be
abuse of discretion, then reviewable by appeal or
I. MOTION TO QUASH certiorari or prohibition certiorari before
lies judgment but may be
Q: What are the grounds for a motion to quash? reviewable via Rule 65
1. Facts charged do not constitute an offense (Choa v. Choa, G.R. No.
2. Court has no jurisdiction over offense charged 143376. 2002).
3. Court has no jurisdiction over the person of the
accused
4. Officer who filed the information had no authority Q: What is the effect of failing to assert any
to do so grounds for quashal of the Information prior to
5. Does not conform substantially to the prescribed arraignment?
form A: Failure to assert or timely assert a motion to quash
6. More than one offense is charged except when shall be deemed a waiver of any objections (Rule
a single punishment for various offense is 117, Sec. 9)
prescribed by law
7. Criminal action or liability has been extinguished When the accused fails, before arraignment, to move
by prescription for the quashal of such information and goes to trial
8. Contains averments w/c, if true, would constitute thereunder, he thereby waives the objection and may
a legal excuse or justification be found guilty of as many offenses as those charged
9. Accused has been previously convicted or in the information and proved during trial. (Escandor
acquitted of offense charged, or case has been v. People, G.R. No. 211962, 2020)
dismissed or otherwise terminated w/o the
express consent of the accused (double EXCEPTION: When the Motion to Quash is based on
jeopardy). (Rule 117, Sec. 3) any of the following grounds:
1. Facts charged do not constitute an offense
Q: Distinguish Motions to Quash from 2. Lack of jurisdiction over the offense charged
Demurrers to Evidence 3. Extinction of action or liability
4. Double Jeopardy
MOTION TO QUASH DEMURRER TO
EVIDENCE Q: What is the effect of sustaining a Motion to
Quash?
Filed before the Filed after the
defendant enters his prosecution has rested GROUNDS EFFECT
plea its case
Facts charged do not Court may order that
Does not require prior May be filed either with constitute an offense another information
leave of court or without leave of court Officer who filed the be filed or an
information had no amendment thereof
Based on matters found Predicated upon matters authority to do so be made
on the complaint or outside of the complaint It does not conform
information or information such as substantially to the
the evidence or lack of it prescribed form
More than one
If granted, dismissal of If granted, is deemed an offense is charged
the case will not acquittal of the accused
necessarily follow and subsequent Criminal action or Court must state, in
prosecution will violate liability has been its order granting the
[See Sections 5 and 6 of the rule on double extinguished motion, the release
this Rule, where another jeopardy Averments would of the accused if he is
complaint or information constitute a legal in custody or the
may be filed by order of excuse or cancellation of his
the court] justification bond if he is on bail
Accused has been
previously convicted
or acquitted of the
offense charged

GROUNDS EFFECT In a case, MeTC took cognizance of the Information

for reckless imprudence resulting in parricide while
Court has no jurisdiction Court should remand
the criminal case for parricide was still pending
over the offense or forward the case to
before the RTC.
the proper court, not
to quash the
As the offense of reckless imprudence resulting in
complaint or parricide was included in the charge for intentional
information parricide pending before the RTC, the MeTC clearly
had no jurisdiction over the criminal case filed before
Q: May certiorari be brought against a denial of a it, the RTC having retained jurisdiction over the
Motion to Quash? offense to the exclusion of all other courts. The
A: A petition for certiorari is not the proper remedy requisite that the judgment be rendered by a court of
absent any showing of arbitrariness or grave abuse competent jurisdiction is therefore absent. (Heirs of
of discretion. The remedy is for the movant to go to Jane Honrales vs. Honrales, G.R. No. 182651, 2010)
trial without prejudice to reiterating the defenses
invoked in the motion to quash. In case of conviction, When an accused appeals from the sentence of the
he may appeal and assign as error the denial of the trial court, he waives the constitutional safeguard
motion to quash. (Lalican v. Vergara, G.R. No. against double jeopardy and throws the whole case
108619, July 31, 1997) open to the review of the appellate court. (People v.
Torres, G.R. No. 189850, 2014).
Q: What are the requisites required to invoke
double jeopardy? Q: What are the requisites of a provisional
1. First Jeopardy must have attached dismissal?
a. Accused must have been convicted or 1. Consent of the Prosecutor
acquitted, or the case against him was 2. Consent of the accused;
dismissed or terminated without his 3. Notice to the Offended Party; and
express consent 4. The Public Prosecutor is served with a copy
b. Made by a court of competent of the order of provisional dismissal. (Rule
jurisdiction 117, Sec. 8)
c. Valid complaint or information
d. Accused has been arraigned Q: Are there exceptions to the general rule on
2. First jeopardy must have been validly terminated provisional dismissals?
3. The second jeopardy must be for the same A: Yes. The general rule provides that a criminal
offense or the second offense includes or is case that results in an acquittal with the consent or
necessarily included in the offense charged in upon motion of the accused will not constitute double
the first information or is an attempt or frustration jeopardy. The exceptions would include the following:
thereof. (Rule 117, Sec. 7) 1. Insufficiency of evidence
2. Denial of the right to a speedy trial
Q: Are there instances where double jeopardy (Philippine Savings Bank v. Bermoy, G.R.
cannot be invoked despite the presence of a prior No. 151912, September 26, 2005)
conviction?
A: When Double Jeopardy shall NOT apply despite a Q: When does a provisional dismissal become
prior conviction: final?
1. Graver offense developed due to PENALTY PERIOD OF
supervening facts arising from the same act NON-REVIVAL
or omission constituting the former charge
2. Facts constituting graver charge were Penalty is 6 years and 1 year after issuance of
discovered only after a plea was entered in below, or a fine of any order
the former complaint or information amount, or both
3. Plea of guilty to a lesser offense was made
without consent of the prosecutor and of the Penalty exceeds 6 2 years after issuance
offended party except if they fail to appear in years of order
any of these cases, where the accused
satisfies or serves the whole or in part the
judgment, he shall be credited with the same
in the event of conviction for the graver
offense (Rule 117, Sec. 7)
4. Prior conviction was not made by a
competent court.
J. PRE-TRIAL 4. Promulgation of sentence. Exception: In light

offenses, when the accused may appear by
Q: Where is pre-trial mandatory? counsel or representative. (People v. De Grano,
A: It is mandatory in: G.R. No. 167710, 2009)
1. Sandiganbayan
2. Regional Trial Court Q: What is the effect of failure to comply with the
3. Metropolitan Trial Court, Municipal Trial Court in period to conduct trials?
Cities, Municipal Trial Court, Municipal Circuit A: Subject to the delays provided for in the Speedy
Trial Court (Rule 118, Sec. 1) Trial Act of 1998, Rule 119, and the Continuous Trial
Guidelines, the case against the detained accused
Q: What are the purposes of pre-trial? may be dismissed on ground of denial of the right to
A: speedy trial in the event of failure to observe the
1. To simplify the issues prescribed time limits (Section 9, A.M. No. 12-11-2-
2. To shape up the testimonial and documentary SC, 2014).
evidence
3. To clear the desks for trial Accused has the burden of proving the motion BUT
the prosecution has the burden of going forward with
Pre-trial is not a mere technicality in court the evidence to establish the exclusion of time.
proceedings for it serves a vital objective: the
simplification, abbreviation, and expedition of trial, if Substantial compliance with the time limitation
not indeed its dispensation. (Tolentino v. Heirs of prescribed by the law for the resolution of the case by
Laurel-Ascalon, G.R. No. 181368, 2012) the prosecutor is part of the procedural due process
guaranteed by the Constitution. Not only under the
Q: What are the matters considered during pre- broad umbrella of the due process clause, but under
trial? the constitutional guarant
A: The matters considered in a pre-trial are: of cases as embodied in Section 16 of the Bill of
1. Plea bargaining Rights, the inordinate delay is violative of the
2. Stipulation of facts petitioner's constitutional rights. (Tatad v.
3. Marking for identification of evidence Sandiganbayan, G.R. No. 72335-39, 1988).
4. Waiver of objections to admissibility of evidence
5. Modification of the order of trial if the accused Q: When can a trial be suspended on account of
admits the charge but interposes a lawful the absence of a witness?
defense A: A motion to postpone is prohibited except upon
6. Such matters as will promote a fair and grounds of, among others, physical inability of the
expeditious trial of the criminal and civil aspects witness to appear and testify. However, the moving
of the case (Rule 118, Sec. 1) party shall be warned that the presentation of
evidence must still be concluded on the date
All proceedings during the pre-trial shall be recorded, previously agreed upon. (Continuous Trial
the transcripts prepared and the minutes signed by Guidelines. Part III(2)(d)).
the parties and/or their counsels. (I-B[9], A.M. No. 03-
1-09-SC) Q: How may witnesses be compelled to testify?
A: When the court is satisfied, upon proof or oath,
Q: Who is in charge of questioning in pre-trial? that a material witness will not testify when required,
A: During the pre-trial, the judge shall be the one to it may, upon motion of either party:
ask questions on issues raised therein and all 1. Order witness to post bail
questions must be directed to him to avoid hostilities 2. If a witness refuses to post bail, the court shall
between parties. (I-B[7], A.M. No. 03-1- 09-SC) commit him to prison until he complies or
testifies (Rule 119, Sec. 14).
K. TRIAL
Q: When can witnesses be examined before trial?
Q: What are the instances when presence of the FOR THE
accused is required by law? FOR THE ACCUSED
PROSECUTION
A: Accused is required to be present during:
1. At arraignment and plea, whether of innocence GROUNDS / WITNESS IS:
or of guilt;
2. During trial, whenever necessary for
identification purposes; Sick, infirm or Sick, infirm or
3. Whenever required by the court for purposes of unavailable unavailable
identification; and at Resides more than About to depart
100km from the from the PH with no
points. (Jimenez v. People, G.R. No. 209195,

FOR THE 2014)
FOR THE ACCUSED
PROSECUTION
4. Accused does not appear to be the most guilty;
place where the definite date of AND
hearing is to be return
conducted and has Note: By jurisprudence, "most guilty" refers to the
no means to attend highest degree of culpability in terms of
the same participation in the commission of the offense and
Other similar does not necessarily mean the severity of the
circumstances penalty imposed. While all the accused may be
given the same penalty by reason of conspiracy,
yet one may be considered to have lesser or the
EXAMINATION BEFORE WHOM least guilt taking into account his degree of
participation in the commission of the offense.
Any judge in the PH Before the court or (Jimenez v. People, G.R. No. 209195, 2014)
Any lawyer good judge where the
standing designated case is pending 5. Accused has never been convicted of a crime
by the judge involving moral turpitude (Rule 119, Sec. 17).
An inferior court if
ordered by a Q: What is a demurrer to evidence?
superior court A: A motion to dismiss filed by the accused after the
prosecution has rested its case; the grounds being
insufficiency of the evidence of the prosecution. (Sec,
Q: What are the requisites of a trial in absentia?
23, Rule 119, Revised Rules of Criminal Procedure)
1. Accused has already been arraigned
2. Accused has been duly notified of the trial or
Q: What is the effect of a grant of a demurrer to
hearings
evidence?
3. Absence of the accused is unjustified (Bernardo
A: It has long been settled that the grant of a
v. People, G.R. No. 166980, April 4, 2007)
demurrer is, as regards the guilt of the accused,
tantamount to an acquittal. An acquitted defendant is
Q: Who are State Witnesses?
entitled to the right of repose as a direct consequence
A: One of two or more persons jointly charged with
of the finality of its acquittal. (People v. Lagos, G.R.
the commission of a crime but who is discharged with
No. 184658, March 6, 2013)
his consent as such accused so that he may be a
witness for the State (PP v. Ferrer, 1996).
Q: What is the effect of a grant of a demurrer to
evidence?
Q: What are the requisites for being discharged
as a State Witness? WITH LEAVE OF WITHOUT LEAVE OF
A: For an accused to be discharged to be a state COURT COURT
witness, the following elements must concur:
Accused may still adduce Accused waives the right to
1. There is absolute necessity for the testimony of evidence in his defense. present evidence and
the accused whose discharge is requested submits the case for
judgment. (Rule 119, Sec.
Note: Absolute necessity exists for the testimony 23).
of an accused sought to be discharged when he
or she alone has knowledge of the crime. In more Q: Distinguish Demurrers in Civil and Criminal
concrete terms, necessity is not there when the cases:
testimony would simply corroborate or otherwise
strengthen the prose (Jimenez CIVIL CASE CRIMINAL CASE
v. People, G.R. No. 209195, 2014)
Predicated upon
2. No other direct evidence available for the failure to prove his insufficiency of evidence
prosecution entitlement to relief
3. Testimony of said accused can be substantially
corroborated in its material points Requires no prior leave May be filed with or
of court without leave of court
The rules require that the testimony of the
accused sought to be discharged be substantially
corroborated in its material points, and not on all
and distinctly a statement of the facts and the law

Defendant may still If denied, accused may
upon which it is based. (Rule 120, Sec. 1)
adduce evidence if adduce evidence only if
denied the demurrer was filed
Q: What are the rules on judgment for two or
with leave of court
more offenses charged in the complaint or
information?
Plaintiff may appeal if No appeal if granted
A: Accused may file a motion to quash. If accused
granted, and if reversed,
fails to object to it before trial, the accused is deemed
defendant is deemed to
to have waived the defect and the court may convict
have waived his right to
him of as many offenses as charged and proved, and
present his evidence
impose a penalty for each offense. (Rule 120,
Section 3)
It is the defendant who The court may, in its own
While Sec. 13 of Rule 110 frowns upon multiple
invokes a demurrer by initiative, dismiss the
offenses being charged in a single information, the
moving for the dismissal action after giving the
failure to raise this issue during arraignment amounts
of the case. The court prosecution an
to a waiver, and the objection can no longer be raised
does not do so on its opportunity to be heard.
on appeal. (Abalos v. People, G.R. No. 136994,
own initiative.
2002)
L. JUDGMENT Q: What is the rule for judgment in case of

variance between allegation and proof?
Q: What are the contents of a judgment of A: General Rule: The accused may be convicted
conviction? only of the crime with which he is charged.
1. Legal qualification of the offense constituted
by the acts committed by the accused Exception: Rule on Variance. When there is
2. Aggravating and mitigating circumstances variance between the crime charged and the crime
3. Participation of the accused whether as proved, and the offense as charged is included or
principal, accomplice or accessory necessarily includes offense proved, the accused
4. Penalty imposed shall be convicted of the offense proved which is
5. Civil liability or damages, unless reserved or included in the offense charged, or of the offense
waived (Rule 120, Sec. 2) charged which is included in the offense proved.
(People v. Chi Chan Liu, G.R. No. 189272, 2015)
Well-entrenched in jurisprudence is the rule that the
conviction of the accused must rest, not on the An offense charged necessarily includes the offense
weakness of the defense, but on the strength of the proved when some essential elements of the former,
prosecution. The burden is on the prosecution to as alleged in the complaint or information, constitute
prove his guilt beyond reasonable doubt. (Chua v. the latter.
Court of Appeals, 520 SCRA 729, 2007)
An offense charged is necessarily included in the
Judgment is not rendered defective just because of offense proved when the essential ingredients of the
the absence of a declaration of guilt beyond former constitute the latter.
reasonable doubt in the dispositive portion (D' Aigle
v. People, G.R. No. 174181, June 27, 2012). If there is variance, the accused can only be
convicted of the lesser offense which is included in
Q: What are the contents of a judgment of the graver offense. (People v. Pareja, G.R. No.
Acquittal? 202122, 2014)
A: It must state whether or not evidence of the
prosecution: Q: When does a judgment become final?
1. Absolutely failed to prove guilt A: Judgment becomes final after:
2. Merely failed to prove guilt beyond 1. Lapse of period for appeal
reasonable doubt 2. Sentence partially or totally served
3. Accused waives in writing his right to appeal
In either case, judgment shall determine if the act or 4. Accused has applied for probation
omission from which the civil liability might arise did
not exist (Rule 120, Sec. 2) Exception is when the death penalty is imposed.
(Teodoro vs. Court of Appeals and People, G.R.
In both cases, the judgment must be in writing, in the No. 103174, 1996)
official language, personally and directly prepared by
the judge, signed by the judge and contains clearly
appear at the promulgation of judgment?

A: The accused who fails to appear at the M. NEW TRIAL OR

promulgation of the judgment of conviction loses the RECONSIDERATION
remedies available under the Rules of Court against
the judgment, specifically: (a) the filing of a motion for Q: What are the grounds for a new trial?
new trial or for reconsideration (Rule 121), and (b) an A: A motion for new trial may be filed upon any of the
appeal from the judgment of conviction (Rule 122). following grounds:
1. Errors of law during trial
However, the Rules of Court permits him to regain his 2. Irregularities prejudicial to the substantial
standing in court in order to avail himself of these rights of the accused during trial
remedies within 15 days from the date of 3. New and material evidence has been
promulgation of the judgment conditioned upon: (a) discovered
his surrender; and (b) his filing of a motion for leave
of court to avail himself of the remedies, stating NOTE: A new trial can be granted only
therein the reason for his absence. Should the trial 1. On motion of the accused; or
court find that his absence was for a justifiable cause, 2. On motion of the court but with the consent
he should be allowed to avail himself of the remedies of the accused.
within 15 days from notice of the order finding his
absence justified and allowing him the available The rule does not provide for a motion for new
remedies from the judgment of conviction (Rule 120, trial by the prosecution as the reopening of the
Sec. 6) (Salvador v. Chua, G.R. No. 212865, 2015) case would result in double jeopardy.
Q: What is the period for moving for the Q: What are the grounds for reconsideration?
modification of Judgment? A: A motion for reconsideration may be filed upon
A: A judgment of conviction may be modified or set any of the following grounds:
aside upon motion of the accused, before the 1. Errors of law.
judgment becomes final or before appeal is 2. Errors of fact in the judgment.
perfected. (Rule 120, Sec. 7).
Q: When may a new trial be granted on the basis
Q: Distinguish Modification of Judgment from of newly discovered evidence?
New Trial. A: The following elements must concur
A: 1. New evidence discovered after trial
MODIFICATION OF NEW TRIAL 2. It could not have been previously discovered
JUDGMENT and produced at the trial even with
reasonable diligence
No new hearings or Irregularities are 3. It is new and material evidence
proceedings of any kind expunged from the 4. If introduced and admitted, it would probably
or change in the record record and/or new change judgment (Ybiernas v. Tanco-
or evidence. A simple evidence is introduced. Gabaldon, G.R. No. 179825, 2011)
modification is made on
the basis of what is on NOTE: A new trial may not be had on the basis of
record. evidence which was available during trial but was not
presented due to its negligence. (People v. Senit,
G.R. No. 192914, 2016)
Q: May an accused apply for probation after
perfecting an appeal? Q: Does the Neypes Rule apply to criminal
A: No application for probation shall be entertained cases?
or granted if the defendant has perfected the appeal A: Yes. A party shall have a fresh period of 15 days
from the judgment of conviction (Sec. 1, RA 10707). to file a notice of appeal to the RTC from receipt of
Appeal and probation are mutually exclusive the order denying a motion for new trial or motion for
remedies. Implicit in an application for probation is an reconsideration. (Neypes vs. CA, G.R. No. 141524,
admission of guilt (Almero v. PP, G.R. No. 188191, 2005) This rule applies in criminal cases under
2014). Section 6 of Rule 122 of the Revised Rules of
Criminal Procedure. (Yu vs. Tatad, G.R. No. 170979,
EXCEPTION: When a judgment of conviction 2011)
imposing a non-probationable penalty is appealed or
reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant
shall be allowed to apply for probation based on the
modified decision before such decision becomes final
(Sec. 1, RA 10707).

N. PROVISIONAL REMEDIES IN meritorious (i.e. credibility, admissibility of

CRIMINAL CASES evidence, innocence of accused, lack of due
process even when notified, etc.)
Q: What are the provisional remedies available to
criminal cases? 4. Motion to quash information when the grounds
A: stated are not in Sec. 3 Rule 117
1. Attachment (Rule 57)
2. Injunction (Rule 58) 5. Motion for bill of particulars that does not
3. Receivership (Rule 59)
conform to Sec. 9, Rule 116
4. Replevin (Rule 60)
5. Support pendente lite (Rule 61)
6. Motion to suspend the arraignment If motion is
To avail of a provisional remedy in a criminal action, based on grounds not stated in Sec. 11, Rule
it must be one with a corresponding civil liability, 116
which must be one arising from the offense charged.
If the civil action has been waived, reserved, or 7. Petition to suspend the criminal action on the
instituted separately, a provisional remedy may not ground of prejudicial question and no civil case
be availed of in the criminal action. Instead, the has been filed pursuant to Sec. 7, Rule 111
provisional remedy should be applied for in the
separate civil action instituted. (Rule 127, Sec. 1) Q: What are meritorious motions?
A: Except those already covered by the Revised
Q: When is attachment proper? Guidelines, meritorious motions are those that allege
A: plausible grounds supported by relevant documents
1. Accused is about to abscond from the and/or competent evidence, such as:
Philippines; 1. Motion to withdraw information, or to
2. Criminal action is based on a claim of money or
downgrade the charge in the original
property embezzled or fraudulently misapplied or
converted; information, or to exclude an accused originally
3. When the accused has concealed, removed, or charged therein filed as a result of
disposed of his property, or is about to do so; and reinvestigation, reconsideration, and review;
4. When the accused resides outside the
Philippines. (Rule 127, Sec. 2) 2. Motion to quash warrant of arrest
5. Note that under R.A. 9208, or the Anti-
Trafficking in Persons Act, the court may motu 3. Motion to suspend arraignment on the ground
propio issue attachment and injunction. of unsound mental condition under Sec. 11 (a),
Rule 116
O. REVISED GUIDELINES ON
CONTINOUS TRIAL 4. Motion to quash information on the grounds that
the facts do not constitute an offense, lack of
Q: What are prohibited motions? jurisdiction, extinction of criminal action or
A: liability, or double jeopardy under Sec. 3, par.
The following motions are prohibited:
(a), (b), (g), and (i), Rule 117
1. Motions for judicial determination of probable
cause
5. Motion to discharge accused if the accused is a
state witness the motion shall be submitted for
2. Motion for preliminary investigation if filed
resolution from the termination of the hearing,
beyond the five (5)-day reglementary period in
and be resolved within a non-extendible period
inquest proceedings under Sec. 6, Rule 112, or
of ten (10) calendar days thereafter under Sec.
when required under Sec. 8, Rule 112, or in
17, Rule 119
inquest proceedings where accused failed to
participate despite due notice.
6. Motion to quash search warrant under Sec. 14,
Rule 126, or motion to suppress evidence; and
3. Motion for reinvestigation of the prosecutor
when the motion is filed (1) without prior leave
7. Motion to dismiss on the ground that the
of court; (2) when preliminary investigation is
criminal case is a Strategic Law Suit against
not required under Sec. 8 Rule 112, and when
Public Participation (SLAPP) under Rule 6 of
the preliminary investigation is required and has
been conducted, the grounds not being
the Rules of Procedure for Environmental

Cases.
P. CYBERCRIBE WARRANTS
Q: Where may applications for the issuance of a
cyber-crime warrant be filed?
A: In the same venue where criminal actions for
violation of the Cybercrime Act may be filed, namely,
before a cybercrime court of the province or city
where
(i) The offense or any of its elements is
committed
(ii) Any part of the computer system used
is situated
(iii) Any of the damage caused to a natural
or juridical person took place (Section
2.1).
Note: All other crimes committed by, through,

and with the use of ICT shall be filed before
the regular or other specialized regional trial
courts.
However, the cybercrime courts in Quezon

City, the City of Manila, Makati City, Pasig
City, Cebu City, Iloilo City, Davao City and
Cagayan De Oro City shall have the special
authority to act on applications and issue
warrants which shall be enforceable
nationwide and outside the Philippines. (Sec.
2.2).
Q: Who may apply for a cyber-crime warrant?

A: Law enforcement authorities who must be
personally examined by the judge in the form of
searching questions and answers, in writing and
under oath; the applicant and the witnesses he may
produce, on facts personally known to them and
attach to the record their sworn statements, together
with the judicial affidavits submitted. (Sec. 2.4).

Q: Distinguish between Factum Probans and

VII. RULES ON EVIDENCE
Factum Probandum.
FACTUM
A. GENERAL CONCEPTS FACTUM PROBANS
PROBANDUM
The probative or
Q: Explain the concept of evidence. evidentiary fact tending
A: EVIDENCE is the means sanctioned by the Rules to prove the fact in
of Court, of ascertaining in a judicial proceeding the issue or the FACTUM The ultimate fact to be
truth respecting a matter of fact (Rule 128, Sec. 1) PROBANDUM. proved or proposition
to be established.
Q: What are not covered under the Rules on It is the material
Evidence? evidencing the
A: [NICOLE] proposition.
1. Naturalization Proceedings Respondents have the
2. Insolvency Proceedings Respondents were
burden to substantiate
3. Cadastral Proceedings unsuccessful in
the factum probandum
4. Other cases as may be provided for by law adducing the factum
of their complaint or the
5. Land Registration Cases probans or the
ultimate fact.
6. Election Cases (Rule 1, Sec. 4) evidentiary facts by
which the their
In this case, it is their
Q: When do the Rules on Evidence apply? ownership over the lots
claimed ownership
A: The rules on evidence, being part of the Rules of in questioned can be
over the lots in
Court, apply only to judicial (as opposed to established. (Vda. de
question. (Vda. de
administrative or quasi-judicial) proceedings. Viray v. Spouses Usi,
Viray v. Spouses Usi,
G.R. No. 192486,
G.R. No. 192486,
In quasi-judicial proceedings, the Rules on Evidence November 21, 2012)
November 21, 2012)
shall not apply except by analogy or in a suppletory
character and whenever practicable and convenient.
Q: Distinguish Burden of Proof vs. Burden of
(Ferrer v. Carganillo, G.R. No. 170956, May 12,
Evidence.
2010)
BURDEN OF PROOF BURDEN OF
EVIDENCE
Q: Distinguish between Proof and Evidence.
Obligation of a party to Burden of evidence is
PROOF EVIDENCE
present evidence on the the duty of a party to
The result or the facts in issue necessary present evidence
probative effect of to establish his or her sufficient to establish
evidence. When the claim or defense by the or rebut a fact in issue
requisite quantum of The medium or means amount of evidence to establish a prima
evidence of a particular by which a fact is required by law (Rule facie case. (Rule 131,
fact has been duly proved or disproved. 131, Sec. 1) Sec. 1)
admitted and given
The burden of proof is Generally determined
weight, the result is
fixed by the pleadings by the developments of
called the proof of such
the trial or by
fact.
provisions of
substantive law or
procedural rules which
may relieve the party
from presenting
evidence on the facts
alleged.
Does not generally shift May shift from one side
during the course of the to the other as trial
trial. unfolds.
(Bautista v. Sarmiento, G.R. No. L-45137,
September 23, 1985)

Interpreting the amended provision under the 1989 and inexpensive disposition of every action and
Rules, the Supreme Court held that in civil cases, the proceeding. (Rule 1, Sec. 6)
burden of proof rests upon the plaintiff, who is
required to establish his case by a preponderance of However, the rule on liberal construction is not a
evidence. While such interpretation is of the license to disregard the evidence, or lack thereof on
amended rule, the Court found it applicable to the
record; or to misapply the laws. (Riano, 19 citing Inter
revised version as the first paragraph of the revised
version carries over the whole of or at least the Orient Maritime Enterprises, Inc. v. Creer III, G.R. No.
substance of the amended rule. (Frabelle v. AC 181921, 2014)
Enterprises, G.R. No. 245438, 2020)
B. ADMISSIBILITY
Q: What is the principle of Negative Averments?
A: Negative Allegations need not be proved, whether Q: What are the requisites for admissibility of
in a civil or criminal action. evidence?
1. Relevant Relevant to the issue
Exception: When such negative allegations are 2. Competent Not excluded by the Rules on
essential parts of the cause of action or defense in a Evidence, the law and the Constitution (Rule
civil case or are essential ingredients of the offense 128, Sec. 3)
in a criminal case or defenses thereto. (see People v.
Yang, G.R. No. 148077, 2004) Q: Distinguish between Admissibility and Weight
of Evidence.
Exception to the exception: ADMISSIBILITY WEIGHT
In CRIMINAL CASES, if the subject of a negative Refers to the question of Refers to the question
averment inheres to the offense as an essential whether or not the of whether or not the
ingredient thereof, the prosecution has the burden of evidence is to be evidence proves an
proving the same. In view, however, of the difficult considered at all issue
office of proving a negative allegation, the Pertains to its
prosecution, under such circumstance, needs to do Pertains to its relevance
tendency to convince
no more than make a prima facie case from the best and competence
and persuade
evidence obtainable. For example, in a case for Depends on the
illegal possession of firearms, the prosecution has to Depends on logic and guidelines provided in
present a certification from the Firearms and the law Rule 133 and
Explosives Division of the Philippine National Police jurisprudence
that the accused is not licensed to carry a firearm (Tating v. Marcella, G.R. No. 15508, 2007)
outside of his or her residence. (People v. Quebral,
G.R. No. 46094, 1939) Q: What are the components of relevant
evidence?
Q: What is the Equipoise Rule? 1. Material evidence offered upon a matter properly
A: Criminal Cases in issue. It is directed towards a fact within the range
The Equipoise Rule provides that where the evidence of allowable controversy.
in a criminal case is evenly balanced, the 2. Probative tendency of evidence to establish the
constitutional presumption of innocence tilts the proposition that it is offered to prove.
scales in favor of the accused. (People v. Bautista,
G.R. No. 218582, September 3, 2020) Q: What is relevancy?
A: Evidence is relevant if it has such a relation to the
Civil Cases fact in issue as to induce belief in its existence or non-
Where the evidence on an issue of fact is in equipoise existence (Rule 128, Sec. 4).
or there is doubt on which side the evidence
preponderates, the party having the burden of proof Q: What are collateral matters?
fails upon that issue. (Rivera v. Court of Appeals, A: Refers to matters other than the fact in issue.
G.R. No. 115625, January 23, 1998) These are matters outside the controversy or are not
directly connected with the principal matter or issue
Q: How should the Rules on Evidence be in dispute, as indicated in the pleadings of the parties.
construed?
A: These rules shall be liberally construed in order to
promote their objective of securing a just, speedy,
Q: Is evidence on collateral matters admissible? Example: Witness

A: General Rule: Evidence on collateral matters is testified that he saw the
not allowed. accused with blood on
Exception: Evidence on collateral matters may be his shirt and hands and
admitted if it tends in any reasonable degree to running from the scene
establish the probability or improbability of the fact in Example: Witness of the crime where the
issue (Rule 128, Sec. 4). saw the accused victim was lying dead.
inflict a blow which The next day, the
Q: What is multiple admissibility? accused was nowhere
A: When proffered evidence is admissible for two or death to be found in his place
more purposes. It may be admissible for one of residence. Taken
purpose but inadmissible for another or vice versa. It altogether, inference of
may also mean that it may be admissible against one guilt can be drawn that
party but not against another. the accused killed the
victim.
Q: What is conditional admissibility?
A: When a piece of evidence appears to be relevant Q: Distinguish between Positive and Negative
as it is connected with other pieces of evidence not Evidence.
yet offered or proved, such piece of evidence may be NEGATIVE
conditionally admitted subject to the condition that its POSITIVE EVIDENCE
EVIDENCE
relevancy and competency be established at a later When the witness
time. If the condition is not met, the evidence should affirms that a fact did
be rejected. occur. Such evidence When the witness
is entitled to greater states that an event did
Q: What is curative admissibility? weight since the not occur or that the
A: When a party is allowed to present inadmissible witness represents of state of facts alleged to
evidence over the objection of the opposing party, his or her personal exist does not actually
such opposing party may be allowed to introduce knowledge the exist.
otherwise inadmissible evidence to contradict the presence or absence
previously admitted inadmissible evidence and to of a fact.
remove any prejudice caused by its admission. Example: X said he
drank liquor at a certain
Q: Distinguish between Direct and Circumstantial event. Y, who was at
Evidence. the same event, says X
DIRECT CIRCUMSTANTIAL did not drink liquor.
EVIDENCE EVIDENCE Example: Y said that
Evidence that indirectly Note: They have the he does not know
That which proves the same weight because whether X drank liquor.
proves a fact in issue
fact in dispute without they are both positive.
through an inference
the aid of any It is different from Y
which the fact finder
inference or saying that he does not
draws from the
presumption. know that X drank
evidence established.
liquor.

Q: Distinguish between Competent Evidence and complainant and the witnesses he may
Credible Evidence. produce, and particularly describing the
COMPETENT CREDIBLE place to be searched and the persons or
EVIDENCE EVIDENCE things to be seized.
When evidence is not Art. 3, Sec. 3 (1) - The privacy of
One that is not only admissible communication and correspondence shall
excluded by the Rules, evidence but is be inviolable except upon lawful order of the
statutes or believable and used by court, or when public safety or order requires
Constitution. the court in deciding a otherwise, as prescribed by law.
case. Art. 3, Sec. 3 (2) - Any evidence obtained in
violation of this or the preceding section shall
Q: What is Circumstantial Evidence? be inadmissible for any purpose in any
A: Evidence that indirectly proves a fact in issue proceeding.
through an inference which the fact finder draws from Art. 3, Sec. 12 (1) - Any person under
the evidence established. investigation for the commission of an
offense shall have the right to be informed of
(CAGUIOA) Circumstantial evidence, also known as his right to remain silent and to have
indirect or presumptive evidence, consists of proof of competent and independent counsel
collateral facts and circumstances from which the preferably of his own choice. If the person
existence of the main fact may be inferred according cannot afford the services of counsel, he
to reason and common experience. must be provided with one. These rights
cannot be waived except in writing and in the
Circumstantial evidence will be sufficient to convict presence of counsel.
the offender if: Art. 3, Sec. 12 (2) - No torture, force,
1. there is more than one circumstance; violence, threat, intimidation, or any other
2. the facts from which the inference is means which vitiate the free will shall be
derived are proven; and used against him. Secret detention places,
3. the combination of all circumstances is such solitary, incommunicado, or other similar
as to produce a conviction beyond forms of detention are prohibited.
reasonable doubt.
Art. 3, Sec. 12 (3) - Any confession or
admission obtained in violation of this or
A conviction based on circumstantial evidence can
Section 17 hereof shall be inadmissible in
be upheld provided that the circumstances proved
constitute an unbroken chain which leads to one fair evidence against him.
and reasonable conclusion that points to the Art. 3, Sec. 12 (4) - The law shall provide
accused, to the exclusion of all others as the guilty for penal and civil sanctions for violations of
person. (People v. Canatoy, G.R. No. 227195, 2019) this section as well as compensation to and
rehabilitation of victims of torture or similar
Q: What is the Exclusionary Rule? practices, and their families.
A: Commonly used for evidence excluded by the Art. 3, Sec. 12 Section 17- No person shall
Constitution. It is applied to cases where the be compelled to be a witness against
challenged evidence is quite clearly direct or primary himself.
in its relationship to the prior arrest or search.
(Herrera, Remedial Law Vol V, 37) 2. Section 201, Tax Reform Act of 1997 - A
document required by law to be stamped shall
Q: Give some exclusionary rules. not be admitted or used in evidence until the
1. 1987 Constitution requisite stamps are affixed thereto.
Art. 3, Sec. 2 -The right of the people to be
secure in their persons, houses, papers, and 3. R.A. 1405, Law on Secrecy of Bank Deposits:
effects against unreasonable searches and All deposits of whatever nature are absolutely
seizures of whatever nature and for any confidential and may not be examined, inquired,
purpose shall be inviolable, and no search looked into except upon written permission of the
warrant or warrant of arrest shall issue depositor, or in cases of impeachment, or upon
except upon probable cause to be order of a competent court in cases of bribery or
determined personally by the judge after dereliction of duty of public officials or in cases
examination under oath or affirmation of the
where the money is the subject matter of (1) the parties to the dispute; (2) the mediator or
litigation mediators; (3) the counsel for the parties; (4) the
nonparty participants; (5) any persons hired or
4. R.A. 4200, Wire-Tapping Act - Any engaged in connection with the mediation as
communication or spoken word or the existence, secretary, stenographer, clerk or assistant; and (6)
contents, substance or any information any other person who obtains or possesses
contained therein secured in violation of the Act confidential information by reason of his/her
shall not be admissible in evidence in any profession.
judicial, quasi-judicial, legislative or
administrative hearing or investigation. (e) The protections of this Act shall continue to apply
5. R.A. 9372, Human Security Act - Any listened even if a mediator is found to have failed to act
to, intercepted, and recorded communications, impartially.
messages, conversations, discussions, or
spoken or written words, or any part or parts (f) A mediator may not be called to testify to provide
thereof, or any information or fact contained information gathered in mediation. A mediator who is
therein, including their existence, content, wrongfully subpoenaed shall be reimbursed the full
substance, purport, effect, or meaning, which cost of his attorney's fees and related expenses.
have been secured in violation of the pertinent
provisions of this Act, shall absolutely not be 8. R.A. 8505, Rape Victim Assistance and
admissible and usable as evidence against Protection Act of 1998 - In prosecutions for
anybody in any judicial, quasi-judicial, legislative, rape, evidence of complainant's past sexual
or administrative investigation, inquiry, conduct, opinion thereof or of his/her reputation
proceeding, or hearing. shall not be admitted unless, and only to the
extent that the court finds, that such evidence is
6. R.A. 9745, Anti-Torture Act - Any confession, material and relevant to the case. (Section 6)
admission or statement obtained as a result of
torture shall be inadmissible in evidence in any Q: What is JUDICIAL NOTICE?
proceedings, except if the same is used as A: It is cognizance of certain facts which judges may
evidence against a person or persons accused properly take and act on without proof because they
of committing torture. already know them.
7. R.A. 9285, Alternative Dispute Resolution Act Q: What facts need not be proven?
of 2004 - Information obtained through 1. Facts which are presumed (Rule 131)
mediation proceedings shall be subject to the 2. Facts of judicial notice (Rule 129)
following principles and guidelines: 3. Facts which are judicially admitted (Rule 129)
4. Matters of law
(a) Information obtained through mediation shall be Except: Foreign law which needs to be
proved in accordance with Sec. 24 of Rule
privileged and confidential.
132.
(b) A party, a mediator, or a nonparty participant may
In the case of presumptions, the proponent still has
refuse to disclose and may prevent any other person
to introduce evidence of the basis of the presumption,
from disclosing a mediation communication.
that is, he has to introduce evidence of the existence
or non-existence of the facts from which the court can
(c) Confidential Information shall not be subject to
draw the inference of the fact in issue.
discovery and shall be inadmissible in any
adversarial proceeding, whether judicial or quasi-
In the case of judicial notice and judicial admissions,
judicial, However, evidence or information that is
as a rule, the proponent does not have to introduce
otherwise admissible or subject to discovery does not
any evidence. (Regalado, p.819)
become inadmissible or protected from discovery
solely by reason of its use in a mediation.
Q: When is Judicial Notice Mandatory?
1. Existence and territorial extent of states,
(d) In such an adversarial proceeding, the following
2. Their political history, forms of government and
persons involved or previously involved in a
symbols of nationality,
mediation may not be compelled to disclose
3. The law of nations,
confidential information obtained during mediation:
4. The admiralty and maritime courts of the world

Kind of Any matter Matter is
and their seals
matter decisive of a
5. The political constitution and history of the
Philippines, material issue
6. The official acts of the legislative, executive and in the case
judicial departments of the National Government (Rule 129, Sec. 3)
of the Philippines,
7. The laws of nature, Q: What is the rule on Judicial Notice of records
8. The measure of time, and of other cases?
9. The geographical divisions (Rule 129, Sec. 1) A: General Rule: Courts are not authorized to take
judicial notice of the contents of the records of other
Q: When is Judicial Notice Discretionary? cases, even when such have been tried or are
1. The matter is one of public or common knowledge pending in the same court and with the same judge.
or
2. The matter is capable of unquestionable Exceptions:
demonstration or 1. A party clearly makes reference to the
3. The matter ought to be known to judges because records of another case and there is no
of their judicial functions. (Rule 129, Sec. 2) objection by the other party;
2. Judicial notice is at the request or with the
Q: What are the stages where the court may take consent of the parties; or
judicial notice of a fact? 3. The original or part of the records of the case
1. Pre-trial are actually withdrawn from the archives and
2. During trial; are admitted as part of the record of the case
3. After trial and before judgment; pending.
4. Appeal
Q: When can a court treat all or any part of the
Note: The court may do this motu proprio or upon
original record of a case filed in its archives as
motion of the parties
read into the record of a case pending before it?
1. In the absence of objection;
Q: Distinguish between judicial notice taken
2. With the knowledge of the opposing party OR at
during trial and that taken after trial but before
the request or with the consent of the parties;
judgment or on appeal.
and
STAGE PRE- DURING BEFORE 3. The case is clearly referred to OR the original or
TRIAL TRIAL JUDGMENT, part of the records of the case are actually
OR ON withdrawn from the archives AND admitted as
APPEAL part of the record of the case then pending.
How The court, on its The court, on its These conditions must be established. (Tabuena
v. Court of Appeals, G.R. No. 85423, 1991)
own initiative, OR own initiative,
on the motion of a OR on the
Q: Distinguish between Mandatory and
party motion of a Discretionary Judicial Notice?
party may take MANDATORY DISCRETIONARY
judicial notice of JUDICIAL NOTICE JUDICIAL NOTICE
any matter Court is compelled to
Court not compelled
take judicial notice
Action of The court shall The court shall
the hear the propriety hear the By own initiative of the
initiative or on motion of
court
Court of taking judicial parties thereon any of the parties
notice if such matter No hearing Hearing required
is decisive of a
material issue
in the case

Q: What are the rules on judicial notice of foreign The certificate may be made by any of the following
laws? officers and must be authenticated by the seal of his
A: Courts cannot take judicial notice of foreign laws. office:
Foreign laws have to be proved like any other fact. 1. Secretary of the embassy or legation
(Del Socorro v. Van Wilsem, G.R. 193707, 2014) 2. Consul general
3. Consul
Exceptions: 4. Vice consul
1. When the laws are already within the actual 5. Consular agent
knowledge of the court, such as when they are 6. Any officer in the foreign service of the
well and generally known or they have been Philippines stationed in the foreign country in
actually ruled upon in other cases before it and which the record is kept. (Rule 132, Sec. 24)
none of the parties concerned do not claim
otherwise. (Philippine Commercial and Industrial A document that is accompanied by a certificate
Bank v. Escolin, G.R. Nos. L-27860 & L-27896, L- or its equivalent may be presented in evidence
27937, March 29, 1974) without further proof, the certificate or its
2. A published treatise, periodical or pamphlet on a equivalent being prima facie evidence of the due
subject of history, law, science, or art is execution and genuineness of the document
admissible as tending to prove the truth of a involved.
matter stated therein if the court takes judicial
notice, or a witness expert in the subject testifies, The certificate shall not be required when a
that the writer of the statement in the treatise, treaty or convention between a foreign country
periodical or pamphlet is recognized in his or her and the Philippines has abolished the
profession or calling as expert in the subject. requirement, or has exempted the document
(Rule 130, Sec.48) For example, courts can cite itself from this formality. (Rule 132, Sec. 24)
the treatise of Wigmore on Evidence without need
of testimony from a witness. Q: What is the doctrine of processual
presumption?
Q: How are foreign laws proved? A: If the foreign law is not properly proved, the foreign
A: A written foreign law maybe proved by: law is presumed to be the same as the law in the
1. An official publication; or Philippines (Northwest Orient Airlines v. Court of
2. A copy attested by the officer having legal Appeals, G.R. No. 112573, 1995)
custody of the record, or by his deputy with a
certificate that such officer has the custody. Q: What are Judicial Admissions?
A: Admissions, verbal or written, made by a party in
If the record is not kept in the Philippines, the the course of the proceedings in the same case.
proponent of the foreign law must also submit a (Rule 129, Sec. 4)
certificate that such officer has the custody of the
record. Q: What are the elements of Judicial
Admissions?
a. Documents originating from a foreign country 1. Must be made by a party to a case; and
which is a contracting party with the Philippines 2. Must be made in the course of the proceedings in
under a treaty or convention. the same case.
3. May be verbal or written.
If the foreign country and the Philippines are
contracting parties to a convention or treaty and NOTE: Judicial admissions may be made by either a
under the said convention or treaty, such documents party or his counsel. (Adolfo v. Adolfo, G.R. No.
are considered public documents, the certificate or 201427, 2015)
its equivalent shall be in the form prescribed by such
treaty or convention subject to reciprocity granted to Q: What is the effect of judicial admissions?
public documents originating from the Philippines. A: An admission, verbal or written, made by the party
(Rule 132, Sec. 24) in the course of the proceedings in the same case,
does not require proof. (Rule 129, Sec. 4)
b. Documents originating from a foreign country
which is NOT a contracting party to a treaty or
convention
Q: How may judicial admissions may be Q: What are the remedies of a Party Who Gave a
contradicted? Judicial Admission?
A: General Rule: A judicial admission is conclusive 1. Motion to Withdraw: for written judicial
upon the party making it and does not require proof admissions, by filing a motion to withdraw the
pleadings, motion or other written instrument
containing such admission; or by moving that
Exceptions:
such admission be deemed withdrawn or
Judicial admissions may be contradicted ONLY by disregarded due to palpable mistake.
showing that: 2. Motion for Exclusion/Withdrawal: for oral
1. The admission was made through judicial admissions, counsel in open court may
PALPABLE MISTAKE move for the exclusion or withdrawal of such
2. the imputed admission was NOT, IN FACT, admission due to palpable mistake.
made. (Rule 129, Sec. 4)
Q: What are Extra-Judicial Admissions?
Q: What are the effects of admissions made in A: Those made out of court, or in a judicial
pleadings? proceeding other than the one under consideration.
A: Such admissions cannot be controverted by the
party making such admission and are conclusive as Q: What is the difference between admissions in
to such party. (Sps. Noynay vs. Citihomes Builder pre-trial in civil and criminal cases?
and Development, Inc., G.R. No. 204160, 2014) PRE-TRIAL IN CIVIL PRE-TRIAL IN
CASES CRIMINAL CASES
Q: What is the rule on admissions by counsel? Admissions in pre-trial,
A: General Rule: Admissions by counsel are as well as those made
generally conclusive upon his client. The admission must
during the depositions,
be:
Negligence of counsel binds the client (Sarraga v. interrogatories or
(1) reduced to writing
Banco Filipino Savings & Mortgage Bank, G.R. No. requests for admission
and
143783). are deemed judicial
(2) signed by both the
admissions since they
accused and counsel
Exception: In cases where: are made in the course
1. Reckless or gross negligence of counsel of the proceedings of the
deprives the client of due process of law; case
2. When its application will result in outright
Q: What is adoptive admission?
property; or A:
3. When the interests of justice so require: statement or action by another person when it is
Relief is accorded the client who suffered by
ss or palpable admission of something stated or implied by the other
person. The basis for admissibility of admissions
mistake
made vicariously is that arising from the ratification or
adoption by the party of the statements which the
Q: What is the effect when a pleading is
superseded or amended? other person had made. In the Angara Diary,
A: Pleadings that are superseded or amended
forces withdrew its support. Thus, Executive
made in such pleadings cease to be judicial Secretary Angara had to ask Senate President
admissions. In order that any statement contained Pimentel to advise petitioner to consider the option of
therein may be considered as evidence, a party dignified exit or resignation. Estrada did not object to
should formally offer the superseded or amended the suggested option but simply said he could never
pleading in evidence. (Lucido v. Calupitan, G.R. No. leave the country. His silence on this and other
L-8200, 1914) related suggestions can be taken as an admission by
him. (Estrada v. Desierto, G.R. No. 146710-15, April
Having been amended, the original complaint loses
3, 2001)
its character as a judicial admission which would
require no proof. It is now an extrajudicial admission
which requires proof (Torres v. Court of Appeals,
G.R. No. L-37420, July 31, 1984)

C. OBJECT (REAL) EVIDENCE Q: What is Demonstrative Evidence?

A: Demonstrative evidence is not the actual thing but
Q: What is the nature of Object Evidence?
A: Objects as evidence are those addressed to the represents or demonstrates the real thing. It is not
senses of the court. When an object is relevant to the
fact in issue, it may be exhibited to, examined or involved in the case. (Riano, pp.189-190)
viewed by the court. (Rule 130, Sec. 1)
Q: When can an object or scene be viewed?
It refers to the real thing itself and it consists of A: When an object is relevant to the fact in issue, it
tangible things, not merely perceptions of the witness may be exhibited to, examined or viewed by the
and a recollection of those perceptions. court. (Rule 130, Sec. 1)
Q: What are the requisites for admissibility of A place or scene can fall under the classification of
Object Evidence? object evidence. The court has to go to the object if
1. The object must be relevant to the fact in issue; the object cannot be produced in court due to its
2. Evidence is not excluded by the Constitution, immovability or the difficulty or inconvenience in
the law or by the rules; ( Rule 128, Sec. 3) removing it and producing it in court.
3. The object must be authenticated before it is
admitted; Q: What is the chain of custody rule in Dangerous
4. The authentication must be made by a Drug-related cases?
competent witness; A: Persons who actually handled or had custody of
5. The object must be formally offered in the object must show through testimony that there is
evidence. (Riano) no possibility that the evidence was tampered with
and that the integrity of the evidence was preserved
Q: What are the classifications of Object throughout the course of gathering, collecting and
Evidence? storing the evidence. This is done to ensure that the
1. ACTUAL PHYSICAL OR - evidence presented in court is the same evidence
those which have a direct relation or part in seized from the defendant or recovered from the
the fact or incident sought to be proven and crime scene or elsewhere.
those brought to the court for personal
examination by the presiding magistrate. Q: What is the effect of non-compliance with the
2. DEMONSTRATIVE those which doctrine of chain of custody?
represent the actual or physical object being A: General Rule: Non-compliance is fatal; the
offered to support or draw an inference or to
aid in comprehending the verbal testimony Exception: Non-compliance is not fatal and will not
of a witness. (People v. Olarte, G.R. No.
233209, March 11, 2019) seized as inadmissible, provided:
1. There is justifiable ground; and
Q: What are the categories of object evidence? 2. The integrity and evidentiary value of the
1. UNIQUE OBJECTS objects that have items are properly preserved (R.A. No.
readily identifiable marks, e.g., a gun with a 9165, Sec. 21; People v. Dela Cruz, G.R.
serial number. No. 205414, 2016)
2. OBJECTS MADE UNIQUE objects with
no unique characteristics but are made Q: What is the meaning of DNA?
readily identifiable, e.g., a typical kitchen A: Deoxyribonucleic Acid, or DNA, is a molecule that
knife with identifying marks placed on it by encodes the genetic information in all living
the witness. organisms. A DNA is the same in each cell
3. NON-UNIQUE OBJECTS Objects with no and it does not change throughout a
identifying marks and cannot be marked, lifetime; the DNA in a blood is the same as
e.g. narcotic substances. A proponent the DNA found in his saliva, sweat, bone, the root and
offering evidence which falls under the third shaft of hair, earwax, mucus, urine, skin tissue, and
category must establish a chain of custody. vaginal and rectal cells. Most importantly, because of
(People v. Olarte, G.R. No. 233209, March polymorphisms in human genetic structure, no two
11, 2019) individuals have the same DNA, with the notable

exception of identical twins. (Agustin vs. Court of Post-convicting DNA testing also does not require a
Appeals, G.R. No. 162571, 2005) prior court order.
Q: What is DNA evidence? Q: Is the court order granting DNA testing

A: DNA evidence constitutes the totality of the appealable?
DNA profiles, results and other genetic information A: No. The order is immediately executory under
directly generated from DNA testing of biological Sec. 5. The remedy would be to file a petition for
samples (Rule on DNA Evidence, Sec. 3c) certiorari under Rule 65, but this shall not, in any way,
stay the implementation thereof, unless a higher
court issues an injunctive order. (Riano, p.145).
Q: When can a person file for a DNA testing
order?
Q: Is there post-conviction DNA testing?
A: A person who has a legal interest in the litigation
A: Yes. A person convicted under a final and
may file an application for DNA testing order before
executory judgement may still avail himself of DNA
the appropriate court, at any time (Rule on DNA
testing. The test after his conviction is termed -
Evidence, Sec. 4)
DNA testing.
Q: What are the requisites for a DNA testing order

Sec. 6 of the Rule allows post-conviction DNA
to be issued?
testing. It may be available to (a) the prosecution, or
A: For the order to be issued:
(b) the person convicted by a final and executory
1. A biological sample exists that is relevant to
judgement, provided that the following requirements
the case;
are met:
2. The biological sample:
i. was not previously subjected to the
type of DNA testing now requested; 1. A biological sample exists
or 2. Such sample is relevant to the case; and
ii. was previously subjected to DNA 3. The testing would probably result in the
testing, but the results may require reversal or modification of the judgement of
confirmation for good reasons; conviction (Riano, page 147 citing Sec. 6 of
3. The DNA testing uses a scientifically valid the Rule on DNA Evidence)
technique;
4. The DNA testing has the scientific potential
to produce new information that is relevant Q: What must be filed if the post-conviction DNA
to the proper resolution of the case; and testing result is favorable to the accused?
5. The existence of other factors, if any, which A: If the results of the DNA testing are favorable to
the court may consider as potentially the convict, he may file a petition for a writ of habeas
affecting the accuracy of integrity of the DNA corpus with the court of origin. The court shall then
testing. (Sec. 4, Rule on DNA Evidence) conduct a hearing and in case the court finds, after
6. There must be a prima facie showing of due hearing, that the petition is meritorious, it shall
relationship or paternity (Lucas v. Lucas, reverse or modify the judgement of conviction and
G.R. No. 190710, June 6, 2011) order the release of the convict, unless his detention
is justified for a lawful cause.
Q: Can the court motu proprio order DNA
testing? The petition shall be filed with the court of origin as a
A: Yes. The Court may motu proprio order a DNA rule. However, the rule also allows the petition to be
testing (Rule on DNA Evidence, Sec. 4). filed either with the Court of Appeals or with the
Supreme Court, or with any member of said courts.
Q: Is a court order always required before A hearing may be conducted by the latter courts or
undertaking DNA testing? by any member thereof or instead of conducting a
A: No. The last paragraph of Sec. 4 of the Rule on hearing, may instead remand the petition to the court
DNA Evidence allows testing without a prior court of origin and issue the appropriate orders. (Riano,
order if done before a suit or proceeding is page 147 citing Sec. 10, Rule on DNA evidence)
commenced at the request of any party, including law
enforcement agencies. This also means that a
litigation need not exist prior to DNA testing. Thus, a Note: A petition for the writ of habeas corpus may
court order shall be required only if there is a pending also be filed by the prosecution.
litigation, but not before the litigation (Riano, p.145)

Q: What are the guidelines in assessing the rule on hearsay, best evidence original document
probative value of DNA evidence? rule, and parol evidence rule. (Riano, p. 229)
A: In assessing the probative value of DNA evidence,
courts should consider the following data: Q: What is the Original Document Rule?
1. How the samples were collected, A: The original document rule applies only when the
2. How they were handled, subject of the inquiry is the contents of a document.
3. Possibility of contamination, The rule requires that the original of the writing must
4. Procedure followed in analyzing the samples, be produced.
5. Whether proper standards of procedure were
followed in conducting the tests, (National Power Corporation v. Codilla, G.R. No.
6. Qualification of the analyst who conducted the 170491, 2007)
test. (People v. Vallejo G.R. No. 144656, 2002)
The rule now also applies if the contents of a writing,
Q: What must the court consider in evaluating the reading, photograph or other record is the subject of
reliability of a DNA testing methodology? inquiry. (Rule 130, sec. 3)
A: In evaluating whether the DNA testing
methodology is reliable, the court shall consider the Q: When is the Original Document Rule
following: applicable?
1. The falsifiability of the principles or methods A: The original document must be produced when
used, that is, whether the theory or technique the subject of the inquiry is the contents of a
can be and has been tested; document.
2. The subjection to peer review and publication of
the principles or methods; Q: When is the Original Document Rule not
3. The general acceptance of the principles or applicable?
methods by the relevant scientific community; 1. When the original has been lost or destroyed, or
4. The existence and maintenance of standards cannot be produced in court, without bad faith on
and controls to ensure the correctness of data the part of the offeror;
generated; 2. When the original is in the custody or under the
5. The existence of an appropriate reference control of the party against whom the evidence is
population database; and offered, and the latter fails to produce it after
6. The general degree of confidence attributed to reasonable notice; or the original cannot be
mathematical calculations used in comparing obtained by local judicial processes or
DNA profiles and the significance and limitation procedures;
of statistical calculations used in comparing 3. When the original consists of numerous accounts
DNA profiles. (Sec. 8, Rule on DNA Evidence) or other documents which cannot be examined in
court without great loss of time and the fact
D. DOCUMENTARY EVIDENCE sought to be established from them is only the
general result of the whole;
Q: What is Documentary Evidence? 4. When the original is a public record in the custody
A: Documents as evidence consists of writings, of a public officer or is recorded in a public office;
recordings, photographs, or any material containing and
letters, words, sounds, numbers, figures, symbols or 5. When the original is not closely-related to a
other modes of written expression offered as proof of controlling issue. (Rule 130, Sec.3)
their contents.
Q: What effect arises in case the proponent fails
Photographs include still pictures, drawings, stored to adduce the original documents?
images, x-ray films, motion pictures or videos. (Sec. A: (CAGUIOA) The Original Document Rule requires
2, Rule 130) that the original document be produced whenever its
contents are the subject of inquiry, except in certain
Q: What are the requisites for Admissibility of limited cases laid down in Section 3 of Rule 130 of
documentary evidence? the Revised Rules of Evidence. As such, mere
A: To be admissible, documentary evidence, like any photocopies of documents are inadmissible.
other evidence, must be relevant and competent. It is (Buencamino v. People, G.R. Nos. 216745-46,
also subject to general exclusionary rules such as the November 10, 2020)

Q: What is an original document? (MCMP Construction v. Monark, G.R. No. 20100,

1. The original of a document is the document itself 2014).
or any counterpart intended to have the same
effect by a person executing or issuing it. Q: What facts must be shown by the party
offering Secondary Evidence when original is
2. The original of a photograph includes the
negative or any print therefrom. 1.
original document;
Note: If data is stored in a computer or similar device 2. That reasonable notice was given to the adverse
any printout or other output readable by sight or party who has the custody or control of the
other means, shown to reflect the data accurately, is document;
an original. (Rule 130, Sec. 4a) 3. Satisfactory proof of its existence;
4. Failure or refusal by the adverse party to produce
3. A duplicate can also be considered an original if it in court. (Rule 130, Sec. 6)
it is:
a. A counterpart produced by the same Q: What is the order in the presentation of
impression as the original; or secondary evidence for lost or unavailable
b. From the same matrix; or originals?
c. By means of photography, mechanical 1. A copy of the document;
or electronic re-recording; or 2. Recital of its contents in an authentic document;
d. By chemical reproduction; or 3. The recollection or testimony of witnesses. (Rule
e. By other equivalent techniques which 130, Sec. 5)
accurately reproduce the original. (Rule
130, Sec. 4b) Q: How do you prove the contents of an Authentic
Document?
Q: When is a duplicate inadmissible? A: In proving the contents of the original in some
A: General rule: A duplicate is admissible to the authentic document, it is sufficient if the contents
same extent as an original. appear in a private document which is proved to be
authentic.
Exception: Unless (1) a genuine question is raised
as to the authenticity of the original, or (2) in the Q: What happens in case the documents sought
circumstances, it is unjust or inequitable to admit the to be presented are voluminous and only the
duplicate in lieu of the original. (Rule 130, Sec. 4c) general result is sought?
A: The contents of the originals may be presented in
Q: What is Secondary Evidence? the form of a chart, summary or calculation when the
A: Evidence used to prove a do documents are voluminous, cannot be examined in
which are not the original itself but court without great loss of time, and the fact sought
1. A copy; to be established from them is only the general result
2. A recital of its contents in some authentic of the whole.
document; or
3. The testimony of witnesses. However, the originals shall be available for
examination or copying, or both, by the adverse
- in the order stated (Rule 130, Sec. 5) party. The court may also order that the originals be
produced in court. (Rule 130, Sec. 7 in rel. Sec. 3c)
Q: When may secondary evidence be admitted?
A: Secondary evidence may be admitted: Q: When the documents are voluminous, how
1. When the original document has been lost or may their contents be presented?
destroyed, or cannot be produced in court; A: In the form of a chart, summary, or calculation.
2. The offeror, upon proof of its execution or (Rule 130, Sec. 7).
existence, the cause of its unavailability is
without bad faith on his or her part (Rule 130, Q: What evidence is admissible in case the
Sec. 5) original document is a public record?
A: Secondary evidence may consist of a Certified
NOTE: the correct order of proof is as follows- True Copy issued by the public officer in custody
existence, execution, loss, and contents (EELC) thereof. (Rule 130, Sec. 8)
Q: Is a party calling for the production of a This exception (to the hearsay rule) may be
document bound to offer it? overcome by evidence of the untrustworthiness of the
A: No. A party who calls for the production of a source of information or the method or circumstances
document and inspects the same is not obliged to of the preparation, transmission or storage thereof.
offer it as evidence. (Rule 130, Sec. 9) (REE, Rule 8, Sec. 2)
Q: Can the Original Document Rule be waived? Q: How is the admissibility and evidentiary
A: Yes, If there is no timely objection to a document weight of an electronic document established?
on the ground that it violates the Original Document A: All matters relating to the admissibility and
Rule, the secondary evidence will be admitted. evidentiary weight of an electronic document may be
established by an affidavit:
Q: What is the Original Document Rule under the 1. stating facts of direct personal knowledge of
REE? the affiant; or
A: An electronic document shall be regarded as the 2. based on authentic records
equivalent of an original document under the Best
Evidence Rule if it is a printout or output readable by The affidavit must affirmatively show the competence
sight or other means, shown to reflect the data of the affiant to testify on the matters contained
accurately. (REE, Rule 4, Sec. 1) therein. (REE, Rule 9, Sec. 1)
Q: When is a copy or duplicate of a document Q: What must be done before a private electronic
regarded as original under the REE? document offered as authentic is received in
A: When evidence?
1. It is in two or more copies executed at or A: Before any private electronic document offered as
about the same time with identical contents; authentic is received in evidence, its authenticity
or must be proved. (REE, Rule 5, Sec. 2)
2. It is a counterpart produced by the same
impression as the original, or from the same Q: How are private electronic documents
matrix, or by mechanical or electronic re- authenticated?
recording, or by chemical reproduction, or by A: By any of the following means:
other equivalent techniques which 1. By evidence that it had been digitally signed
accurately reproduces the original by the person purported to have signed the
same;
Such copies or duplicates shall be regarded 2. By evidence that other appropriate security
as the equivalent of the original. (REE, Rule procedures or devices as may be authorized
4, Sec. 2) by the Supreme Court or by law for
authentication of electronic documents were
Q: When are business records considered as applied to the document; or
exception to the hearsay rule? 3. By other evidence showing its integrity and
A: A memorandum, report, record or data reliability to the satisfaction of the judge.
compilation of acts, events, conditions, opinions, or (REE, Rule 5, Sec. 2)
diagnoses, made by electronic, optical or other
similar means is an exception to the hearsay rule Q: Is there such a thing as electronic
provided that the following are shown by the notarization?
testimony of the custodian or other qualified A: Yes. A document electronically notarized in
witnesses: accordance with the rules promulgated by the
1. That it was made at or near the time of or Supreme Court shall be considered as a public
from transmission or supply of information; document and proved as a notarial document under
2. That it was made by a person with the Rules of Court. (REE, Rule 5, Sec. 3)
knowledge thereof;
3. That it was kept in the regular course or NOTE: At the moment, electronic notarization only
conduct of a business activity; and apply in cases where the notary public or at least one
4. That such was the regular practice to make of the principals resides, holds office, or is otherwise
the memorandum, report, record, or data situated in a locality that is under community
compilation by electronic, optical or similar quarantine due to COVID-19 (2020 Interim Rules on
means (REE, Rule 8, Sec. 1) Remote Notarization of Paper Documents)
Q: What is an ephemeral electronic Q: What is the Parol Evidence Rule:

communication? A: When the terms of an agreement have been
A: It refers to telephone conversations, text reduced to writing, it is considered as containing all
messages, chatroom sessions, streaming audio, the terms agreed upon and there can be, as between
streaming video, and other electronic forms of the parties and their successors in interest, no
communication the evidence of which is not recorded evidence of such terms other than the contents of the
or retained. (REE, Rule 2, Sec. 1(k)) written agreement. (Rule 130, Sec. 10)
Q: When can parol evidence be introduced?

A: A party may present evidence to modify, explain
or add to the terms of the written agreement if he puts
proven by the testimony of a person who was a party in issue in his [verified] pleading any of the following:
to the same or h 1. An intrinsic ambiguity, mistake or imperfection in
(Vidallon-Magtolis v. Salud, A.M. No. CA-05- 20-P, the written agreement;
2005) 2. The failure of the written agreement to express
the true intent and agreement of the parties
Q: How should ephemeral evidence be proven? thereto;
A: Ephemeral evidence shall be proven by the 3. The validity of the written agreement; or
testimony of a person who was a party to the same 4. The existence of other terms agreed to by the
or has personal knowledge thereof. In the absence or parties or their successors in interest after the
unavailability of such witnesses, other competent execution of the written agreement. (Rebusquillo
evidence may be admitted. (REE, Rule 11, sec. 2) vs. Galvez, G.R. No. 204029, 2014)
A recording of the telephone conversation or NOTE: The verification requirement appears in the
ephemeral electronic communication shall be current version of Rule 130, sec. 10
covered by REE, Rule 11, Sec. 1 (on Audio, video
and similar evidence). Q: When does the Parol Evidence rule apply?
1. Existence of a valid contract;
Note: If the foregoing communications are recorded 2. The terms of the agreement must be in writing.
or embodied in an electronic document, then the This may refer to either public or private writing;
provisions of Rule 5 on authentication of electronic 3. The dispute is between parties and their
documents shall apply. (REE, Rule 11, Sec. 2) successors in interest; and/or
4. There is dispute as to the terms of the agreement
Q: When is audio, photographic, and video with the party basing his claim or asserting a right
evidence admissible? originating in the instrument or the relation
A: Audio, photographic and video evidence of established thereby.
events, acts or transactions shall be admissible
provided: (REE, Rule 11, Sec. 1) The parol evidence rule becomes operative when the
1. It shall be shown, presented or displayed to issues in litigation are the terms of a written
the court; and agreement. (Riano, p. 176)
2. It shall be identified, explained or
authenticated by the person who made the Note: (Rule
recording or by some other person 130, Sec. 10)
competent to testify on the accuracy thereof
Q: What is Parol Evidence?

A: Any evidence aliunde (extraneous evidence),
whether oral or written, which is intended to add or
contradict the terms of a written instrument by
testimony or other evidence purporting to show that,
at or before the execution of the parties' written
agreement, other or different terms were agreed
upon by the parties, varying the purport of the written
contract. (Manufacturers Building, Inc. v. Court of
Appeals, G.R. No. 116847, 2001)
Q: Distinguish between the Parol Evidence and Q: What is the purpose of authentication?
Original Document Rule. A: To show that the object to be admitted in evidence
Original Document is the very thing that is the subject matter of the
Parol Evidence Rule
Rule lawsuit or the very one involved to prove an issue in
Establishes a the case. (Riano, p. 189)
It presupposes that the preference for the
original document is original document Q: What are the different Classes of Documents?
available in court over secondary A: Public Documents and Private Documents
evidence thereof.
Precludes the Q: What is a private document?
admission of other A: A private document is any other writing, deed, or
Precludes the instrument executed by a private person without the
evidence to prove the
admission of intervention of a notary or other person legally
terms of a document
secondary evidence if authorized by which some disposition or agreement
other than the contents
the original document is proved or set forth. (Patula v. People, G.R. No.
of the document itself for
is available. 164457, 2012)
the purpose of varying
the terms of the writing.
Can be invoked by NOTE: Under Rule 132, Sec. 19 of the Revised
Can be invoked only by any litigant to an Rules on Evidence, all other writings are private if it
the parties to the action whether or not does not fall under the enumeration under the
document and their said litigant is a party aforementioned provision.
successors-in-interest. to the document
involved. Q: How do you authenticate a private document?
Applies to written A: Before any private document offered as authentic
Applies to all forms of is received in evidence, its due execution and
agreements (contracts),
writings authenticity must be proved by any of the following
including wills.
When the subject of the means:
inquiry is the terms of 1. By anyone who saw the document executed or
the agreement, one written; or
When the subject of 2. By evidence of the genuineness of the signature
must, as a rule, read the
the inquiry is the or handwriting of the maker; or
agreement itself and not
contents of a writing, 3. By other evidence showing its due execution and
seek guidance on
he must look at the authenticity.
sources outside the
original writing. This is
writing. Sources outside
the original document Any other private document need only be identified
the writing are
rule. as that which it is claimed to be. (Rule 132, Sec. 20)
considered parol
evidence, and are
inadmissible. Q: When is authentication of a private writing not
required?
Q: What is Authentication? 1. Ancient Documents
A: Process of proving the due execution and 2. When the genuineness and authenticity of an
genuineness of the document. actionable document have not been specifically
denied under oath by the adverse party under
In order to be admissible in evidence, the object Sec. 8 of Rule 8 of the Rules of Court
sought to be offered must be authenticated, that is, it 3. When the genuineness and authenticity of the
must be shown to have been the very thing that is the document have been admitted under Sec. 4 of
subject matter of the lawsuit or the very one involved Rule 129
to prove an issue in the case. 4. When the document is not being offered as
authentic as implied from Sec. 20, Rule 132 of
During authentication in court, a witness positively the Rules of Court, which requires authentication
genuine and has been duly executed, or that the (Riano, page 193)
document is neither spurious nor counterfeit nor
executed by mistake or under duress. (Salas v. Sta.
Mesa Market Corp. G.R. No. 157766, 2007)

Q: What is a public document? For documents originating from a foreign country

1. The written official acts, or records of the official which is not a contracting party to a treaty or
acts of the sovereign authority, official bodies and convention referred to [in the second paragraph of
tribunals, and public officers, whether of the Rule 132, Sec, 24, 2nd par.]: the certificate may be
Philippines, or of a foreign country; made by secretary of the embassy or legation,
2. Documents acknowledged before a notary public consul-general, consul, vice-consul or consular
except last wills and testaments; agent or by any officer in the foreign service of the
3. Documents that are considered public documents Philippines stationed in the foreign country in which
under treaties and conventions which are in force the record is kept, and authenticated by the seal of
between the Philippines and the country of his or her office. (Rule 132, Sec. 24, 3rd par.)
source; and
4. Public records, kept in the Philippines, of private A document that is accompanied by a certificate or
documents required by law to the entered therein. its equivalent may be presented in evidence without
further proof, the certificate or its equivalent being
All other writings are PRIVATE (Rule 132, Sec. 19). prima facie evidence of the due execution and
genuineness of the document involved. (Rule 132,
Q: What is the effect if a document is a public Sec. 24, 4th par., 1st sentence)
document?
A: Public documents are admissible without further Q: Is a USAID Certification used as basis in
proof of their genuineness and due execution. computing the award for loss of income a public
document?
Q: What is proof of official record? A: Yes. Sec. 19 (a), Rule 132 of the Rules of Court
A: The record of public documents referred to in classifies as public documents the written official
paragraph (a) of Section 19 (the written official acts, acts, or records of the official acts of the sovereign
or records of the official acts of the sovereign authority, official bodies and tribunals, and public
authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign
officers, whether of the Philippines, or of a foreign country. USAID is the principal United States agency
country), when admissible for any purpose, may be that extends assistance to countries recovering from
evidenced by: disaster, trying to escape poverty, and engaging in
1. An official publication thereof democratic reforms and that it is an independent
2. A copy attested by the officer having the federal government agency that receives over-all
legal custody of the record, or by his deputy foreign policy guidance from the Secretary of State of
and if the record is not kept in the the United States. In view of this, it is clear that the
Philippines, the attestation should be USAID Certification is a public document. (Heirs of
accompanied with a certificate that such Jose Marcial K. Ochoa Namely: Ruby B. Ochoa
officer has the custody (Rule 132, Sec. 24, Micaela B. Ochoa v. G&S Transport Corporation, GR
1st par.) No. 170071, July 16, 2012)
If the office in which the record is kept is in a foreign Q; How is an authorized public record of a private
country which is a contracting party to a treaty or document proven?
convention to which the Philippines is also a party, or 1. By the original record, or
considered a public document under such treaty or 2. By a copy thereof, attested by the legal custodian
convention pursuant to paragraph (c) of Sec. 19 of the record, with an appropriate certificate that
hereof: the certificate or its equivalent shall be in the such officer has the custody. (Rule 132, Sec. 27).
form prescribed by such treaty or convention subject
to reciprocity granted to public documents originating Q: What are examples of authorized public
from the Philippines (Rule 132, Sec. 24, 2nd par.) records of private documents?
Financial statements filed with the government
The certificate shall not be required when a treaty (Salas v. Sta. Mesa Market Corporation, G.R.
or convention between a foreign country and the No. 157766, July 12, 2007)
Philippines has abolished the requirement, or has Articles of Incorporation and By Laws
exempted the document itself from this formality. (Executive Order No. 2, Sec. 6 July 23, 2016)
(Rule 132, Sec. 24, 4th par., 2nd sentence)

Q: Are notarized documents prima facie evidence The attestation must be under the official seal of the
of the facts therein stated? attesting officer, if there be any, or if he or she be the
A: No, not all types of public documents are deemed clerk of a court having a seal, under the seal of such
prima facie evidence of the facts therein stated. court (Rule 132, Sec. 25).
Notarized documents, which belong to the second
class of public documents under Rule 132, Sec. 23 Q: How is lack of record proved?
are merely proof of the fact which gave rise to their A: A written statement signed by an officer having the
execution (Philippine Trust Company v. Court of custody of an official record or by his or her deputy
Appeals, G.R. No. 150318, November 22, 2010) that after diligent search no record or entry of a
specified tenor is found to exist in the records of his
Notarial documents, except last wills and testaments, office, accompanied by a certificate as above
are public documents and are evidence of the facts provided, is admissible as evidence that the records
that gave rise to their execution and of their date of his or her office contain no such record or entry
(Siguan v. Lim, G.R. No. 134685, 1999). (Rule 132, Sec. 28).
Q: How do you authenticate genuineness of Q: How is judicial record impeached?

signature or handwriting? A: Any judicial record may be impeached by
A: The rule is that he who disavows the authenticity evidence of:
of his signature on a public document bears the 1. Want of jurisdiction in the court or judicial officer;
responsibility of presenting evidence to that effect. 2. Collusion between the parties; or
Section 22, Rule 132, Rules of Court instructs that 3. Fraud of the party offering the record, in respect
genuineness of handwriting may be proved by a to the proceedings (Rule 132, Sec. 29).
comparison, made by the witness or the court, with
writings admitted or treated as genuine by a party Q: How are notarial records proved?
against whom the evidence is offered, or proved to A: Every instrument duly acknowledged or proved
be genuine to the satisfaction of the Judge. (Wyna and certified as provided by law, may be presented
Marie P. Garingan-Ferreras v. Eduardo T. Umblas, in evidence without further proof, the certificate of
AM No. P-11-2989, January 10, 2017 [en banc]) acknowledgment being prima facie evidence of the
execution of the instrument or document involved
The handwriting of a person may be proved by any (Rule 132, Sec. 30).
witness who believes it to be the handwriting of such
person because: A public document duly acknowledged before a
1. He has seen the person write or has seen notary public, under his hand and seal with his
writing purporting to be his upon which the certificate thereto attached, is admissible in evidence
witness has acted or been charged; without further proof of its due execution and delivery
2. And has thus acquired knowledge of the until some question is raised as to the verity of said
handwriting of such person. (Sps. Bernales v. acknowledgment and certificate (Antillon v. Barcelon,
Heirs of Sambalaan, G.R. No. 163271, January G.R. No. L-12483, 1917).
15, 2010)
Q: How are alterations to a document explained?
Q: What is the ancient document rule? A: The party producing a document as genuine which
A: Where a private document is more than 30 years has been altered and appears to have been altered
old, is produced from the custody in which it would after its execution, in a part material to the question
naturally be found if genuine, and is unblemished by in dispute, must account for the alteration. He or she
any alterations or circumstances of suspicion, no may show that:
other evidence of its authenticity need be given. 1. The alteration was made by another, without his
(Rule 132, Sec. 21) concurrence; or
2. It was made with the consent of the parties
Q: What must an attestation contain? affected by it; or
A: Whenever a copy of a document or record is 3. It was otherwise properly or innocently made; or
attested for the purpose of evidence, the attestation 4. The alteration did not change the meaning or
must state, in substance, that the copy is a correct language of the instrument.
copy of the original, or a specific part thereof, as the
case may be. If he fails to do that, the document shall not be
admissible in evidence (Rule 132, Sec. 31).
Q: How do you prove a document in an unofficial admissible to declare the characters or the meaning
language? of the language. (Rule 130, Sec. 17)
A: Documents written in an unofficial language shall
not be admitted as evidence, unless accompanied Q: What happens if the terms of the agreement
with a translation into English or Filipino. To avoid have been intended in a different sense by the
interruption of proceedings, parties or their attorneys different parties to it?
are directed to have such translation prepared before A: That sense is to prevail against either party in
trial (Rule 132, Sec. 33). which he or she supposed the other to understood it.
However, more than once, this Court has taken into When different constructions of a provision are
consideration documents written in a Philippine equally proper, the construction which is most
dialect, unaccompanied by the required translation favorable to the party in whose favor the provision
but which had been admitted in evidence without was made should be followed. (Rule 130, Sec. 18)
objection by the accused. In those instances, the
Court merely ordered official translations to be made. If the instrument is equally susceptible of two
(People v. Salison, G.R. No. 115690, 1996). interpretations, the one in favor of natural right should
be adopted. (Rule 130, Sec. 19)
Q: How should the language of a written
instrument be interpreted? E. TESTIMONIAL EVIDENCE
A: According to the legal meaning it bears in the
place of execution, unless the parties intended Q: What are the rules as to the qualifications of a
otherwise. (Rule 130, Sec. 11) witness?
1. All persons who can perceive, and perceiving,
Q: How should the different provisions of an can make known their perception to others, may
instrument be construed? be witnesses. (Rule 130, Sec. 21)
A: If possible, a construction which will give effect to
all should be adopted. (Rule 130, Sec. 12) Exceptions: Except as provided by law or the
The intention of the parties should be pursued and if Rules, such as:
there is a conflict between a general and particular a. Disqualification by reason of marriage (Rule
provision, the particular provision will govern. (Rule 130, Sec. 23)
130, Sec. 13) b. Disqualification by reason of privileged
communication (Rule 130, Sec. 24)
Q: How should the terms used in a written
instrument be interpreted? 2. Religious or political belief, interest in the
A: The terms of a writing are presumed to have been outcome of the case, or conviction of a crime
used in their primary and general acceptation. unless otherwise provided by law shall not be a
ground for disqualification. (Rule 130, Sec. 21)
But evidence is admissible to show that they have a
local, technical, or otherwise particular signification, Religious or political belief, interest in the
and were so used and understood in the particular outcome of the case, or conviction of a crime
instance. (Rule 130, Sec. 15)a unless otherwise provided by law, shall not be a
ground for disqualification. (Marcos v. Heirs of
Q: How should one interpret an instrument which Navarro, Jr., G.R. No. 198240, July 3, 2013)
is partly in written words and partly in printed
words and the two are inconsistent? 3. Conviction of a crime is not a ground for
A: The written words control (Rule 130, Sec. 16) disqualification of a witness.
Exceptions:
Q: Can experts and Interpreters be utilized by the 1. Those convicted of falsification of a
court? document, perjury or false testimony cannot
A: Yes, when the characters in which an instrument be witnesses to a will. (Civil Code, Art. 821)
is written are difficult to be deciphered or the 2. An accused convicted of a crime involving
language is not understood by the court, the moral turpitude, whenever made a co-
evidence of persons skilled in deciphering the accused in any criminal case, cannot be
characters or who understand the language, is discharged to become a witness for the
Government. (Rule 119, Sec. 17)
Q: X was indicted for murder and pleaded guilty Q: Distinguish competency from credibility of a
to a lesser offense of homicide. Before X was witness.
indicted, X executed an extrajudicial confession A: A witness is competent if he or she can perceive
where he admitted to shooting Y and implicated and make known his or her perception (Rule 130,
his co- Sec. 21)
was charged with murder. Is X, a co-conspirator,
a qualified or competent witness? Credibility of a witness refers to the believability of a
A: Yes. Conviction of a crime, unless otherwise witness and has nothing to do with the law or the
provided by law, shall not be a ground for rules. It refers to the weight and trustworthiness or
reliability of the testimony. To hold that a particular
neither detracts his competency as a witness nor person is competent to testify upon a given matter
necessarily renders his testimony totally does not mean that his testimony thereon must be
untrustworthy and inadmissible. The determination of believed by the court or must be deemed by it to be
the character of a witness is not a prerequisite to of sufficient probative value to establish the point
belief in his testimony. His alleged bad reputation, which it was intended to prove. Competency of a
even if true, should not sway the court in the witness is one thing, and it is another to be a credible
evaluation of the veracity of his testimony. The witness. (Regalado 2008 ed.)
inconsistencies enumerated to discredit X only refer
to minor details, and not to the central fact of the Q: Can rape be established by the sole testimony
crime. (Virgilio Bug-atan v. People, G.R. 174195, of the victim?
September 15, 2010) A: Yes. Rape can be established by the sole
testimony of the victim that is credible and untainted
Q: What are the qualities a person must show with serious uncertainty. With more reason is this true
before he qualifies as a witness? when the medical findings supported the testimony of
A: A prospective witness must show that he has the the victim, as in this case. When the victim's
following abilities: testimony of her violation is corroborated by the
1. Can perceive; and physical evidence of penetration, there is sufficient
2. Can make known their perception (Rule 130, foundation for concluding that there was carnal
Sec. 21) knowledge. (People of the Philippines v. Allan
Rodriguez y Grajo, G.R. No. 208406, 2016)
Q: When is a deaf-mute qualified as a witness?
A: A deaf-mute is competent to be a witness so long Q: What is the test of competency?
as he/she has the faculty to make observations and A: Whether the individual has sufficient
he/she can make those observations known to understanding to appreciate the nature and
others. (People v. Aleman y Longhas, G.R. No. obligation of an oath and sufficient capacity to
181593, 2012) observe and describe correctly the facts in regard to
which he is called to testify.
Q: Are parties in default disqualified as
witnesses? Q: When is there presumption of competency?
A: No. Parties declared in default are not disqualified A: As a general rule, when a witness takes the stand
from taking the witness stand for non-disqualified to testify, the law presumes that he is competent. The
parties. The law does not provide default as an burden is upon the party objecting to the competency
exception. (Marcos v. Heirs of Navarro, G.R. No. of a witness to establish the grounds of
198240, 2013) incompetency.
Q: Is an authorization required before a witness NOTE: Every child is presumed qualified to be a

can testify on behalf of a party? witness. (Rule on Examination of a Child Witness,
A: No. There is no substantive or procedural rule A.M. No. 004-07-SC, Sec. 6)
which requires a witness for a party to present some
form of authorization to testify as a witness for the Q: When must objection to competency be
party presenting him or her. (AFP Retirement and made?
Separation Benefits System v. Republic, G.R. No. A: The objection to the competency of a witness must
188956, 2013) be made:
1. Before the witness testifies
2. As soon as it becomes apparent on the trial
Q: What is the effect of failure to object to a Q: Does the marital disqualification rule cover
testimony for the affected spouse?
A: Failure to object to the competency of a witness A: No. The marital disqualification rule under Rule
amounts to a waiver and once the evidence is 130, Sec. 23 has been amended. The words
admitted, it shall stay in the records and can be became just
weighed according to its merits.
marital harmony. There lies no compelling rationale
Q: What are the disqualifications of a witness? for extending the disqualification to testimony
1. Disqualification by reason of marriage; (Rule the affected spouse. The disqualification should be
130, Sec. 23)
2. Disqualification by reason of privileged
communications; (Rule 130, Sec. 24) Q: When does the Marital Disqualification Rule
not apply?
NOTE: The law presumes that every person is of A: Where the marital and domestic relations are so
sound mind, in the absence of proof to the contrary. strained that there is no more harmony to be
(Torres v. Lopez, G.R. No. L-24569, 1926) preserved nor peace and tranquility which may be
disturbed, the reason based upon such harmony and
Q: What is the rule on child witnesses? tranquility fails. In such a case, identity of interests
A: Every child is now presumed qualified to be a disappears and the consequent danger of perjury
witness. To rebut this presumption, the burden of based on that identity is non-existent. Thus, there is
no longer any reason to apply the Marital
competency. Only when substantial doubt exists Disqualification Rule. (Alvarez v. Ramirez, G.R. No.
regarding the ability of the child to perceive, 143349, 2005)
remember, communicate, distinguish truth from
falsehood, or appreciate the duty to tell the truth in Q: Can a spouse be precluded from testifying
court will the court, motu proprio or on motion of a when the spouse is involved with other parties or
party, conduct a competency examination of a child. accused?
(Rule on Examination of a Child Witness, A.M. No. A: No. The disqualification is between husband and
004-07-SC, Sec. 6) wife, the law not precluding the wife from testifying
when it involves other parties or accused. The wife
Q: When can a child become a witness? may proceed and testify in the murder case against
A: For a child witness to be competent, it must be the brothers who were jointly tried with her husband,
shown that he has the capacity of (1) observation, (2) but the testimony cannot be used against the
of recollection, and (3) of communication. (People v. husband through the guise of taking judicial notice of
Mendoza, G.R. No. 113791, 1996). the proceedings in the murder case without violating
the rule. What cannot be done directly cannot be
Q: What are the requisites for disqualification by done indirectly. (People v. Quidato, G.R. No. 117401,
reason of marriage? 1998)
1. Spouses are legally married;
2. Either spouse must be a party to a case; and Q: What are privileged communications under
3. The spouse is called as a witness against the the Rules of Court?
1. Husband and Wife
Exceptions: 2. Attorney and Client
1. The case in which the husband or wife is 3. Physician and Patient
called to testify is a civil case instituted by 4. Priest and Penitent
one against the other 5. Public Officers (Rule 130, Sec. 24)
2. The case is a criminal case for a crime
committed by one against the other, or the Q: What happens if the privileged communication
latter's direct descendants or ascendants. comes to the hands of third persons?
(Rule 130, Sec. 23) A: The 2019 amendments introduced a new
provision that the communication shall remain
Q: Does the marital disqualification rule apply privileged even in the hands of a third person who
even after marriage? may have obtained the information, PROVIDED that
A: The disqualification lasts only during marriage. the original parties to the communication took
(Rule 130, Sec. 23) reasonable precaution to protect its confidentiality.
a. Husband and Wife (Marital Communications The rule can no longer The spouse affected by
Privilege) be invoked once the the disclosure of the
marriage is dissolved. information or
Q: What are the requisites for disqualification by It may be asserted only testimony may object
Marital Communications Privilege: during the marriage. even after the
1. There must be a valid marriage between dissolution of the
husband and wife; marriage. The privilege
2. There is a communication received in confidence does not cease just
by one from the other; because the marriage
3. The confidential communication was received has ended.
during the marriage; and Requires that the No such requirement as
4. The spouse against whom the communication is spouse against whom it applies regardless of
being offered has not given his/her consent to the testimony is offered whether the spouses
such testimony (Rule 130, Sec. 24) is a party to the action. are parties or not.
The prohibition is What is prohibited is the
Q: When does the privilege not apply? directed at testimony examination of a
1. When the husband or wife is called to be a against the other. spouse as to matters
witness in a civil case instituted by one against received in confidence
the other. by one from the other
2. When the husband or wife is called to be a during the marriage.
witness in a criminal case for a crime committed
b. Attorney and Client
ascendants or descendants.
3. Communications between husband and wife Q: What are the requisites for the disqualification
overheard by a third person. on the basis of Attorney and Client
4. Where the privileged communication came into Communications Privilege?
the hands of a third party. 1. There must be a communication made by the
5. When there is waiver. (People v. Francisco, G.R. client to the attorney, OR advice given by the
No. L-568, 1947) attorney to his client;
(No particular form is required under the Rules)
Q: What is the distinction between the Marital 2. The communication or advice must be given in
Disqualification Rule and the Marital confidence; and
Communications Privilege? 3. The communication or advice must be given
Marital Marital either:
Disqualification Rule Communications a. In the course of professional
Privilege employment; or
Does NOT necessarily Refers to confidential b. With a view to professional employment
refer to confidential communications (This contemplates preliminary negotiations,
communications received by one spouse even if later on the attorney-client
between spouses. from the other during relationship is not perfected)
the marriage.
Includes facts, Applies only to
occurrences, or confidential information persons assisting the attorney are also covered by
information even prior received during the the rule and cannot be examined concerning any fact
to the marriage. marriage. the knowledge of which has been acquired in such
The scope of this rule is capacity without the consent of the client AND their
broader because it employer.
prevents testimony
against the non- NOTE: Also covered is a person reasonably
consenting spouse on believed by the client to be licensed to engage in the
any fact and not merely (Rule 130, Sec. 24[b])
a disclosure of
confidential Q: When does the attorney-client privilege not
information. apply?
A: Under the Rules, the privilege does not apply:
1. Furtherance of crime or fraud (future crime- very activity for which he sought the lawyer's
fraud); advice.
2. Claimants through same deceased client; 2. Where disclosure would open the client to civil
3. Breach of duty by lawyer or client; liability.
4. Document attested by the lawyer; and 3. Where the government's lawyers have no case
5. Joint Clients (Rule 130, Sec. 24[b]) against an attorney's client unless, by revealing
the client's name, the said name would furnish
NOTE: Instances when privilege does not apply the only link that would form the chain of
under jurisprudence: testimony necessary to convict an individual of a
1. When there is no attorney-client relationship. crime. (Regala v. Sandiganbayan, 1996)
2. When the communication was not intended to be
confidential. Q: What is the work-product doctrine?
3. When the communication was not intended to be A: The doctrine that the trial preparation materials of
confidential. a lawyer or his representative are protected from
4. When the communication is for an unlawful discovery unless the other party shows that it has a
purpose having for its object the commission of substantial need for the materials to prepare its case,
a crime. and cannot, without undue hardship, obtain their
5. When the communication was made in the substantial equivalent by other means. Trial
presence of third persons. preparation materials include written documents,
6. When the action is one brought by the client such as records, notes, memorandums, and tangible
against the attorney and the disclosure of the things.
confidential information becomes necessary for
the attorney (but limited only for what is It is not a privilege but a special protective rule which
necessary for attorney's own protection). limits d
7. When there is waiver. (Riguerra, p. 741)
a. Client of the attorney consents to disclose
privileged communication. c. Physician and Patient
b. Giving evidence on the privileged
communication. Q: What are the requisites for disqualification by
c. When the privileged communication falls reason of Physician and Patient privilege?
into the hands of the adverse party. 1. The privilege is claimed in a civil case;
d. In calling or cross-examining his attorney 2. The person against whom the privilege is claimed
regarding the privileged communication. is one duly authorized to practice medicine,
8. The receipt of fees from a client is not usually surgery or obstetrics;
within the privilege because the payment of a fee 3. Such person acquired the information while he
is not normally a matter of confidence or a was attending to the patient;
communication. The ministerial or clerical 4. The information was necessary to enable him to
services of an attorney in transferring funds to or act in that capacity; and
from a client is not a matter of confidence that is 5. The information was confidential and if disclosed
protected by the privilege. (In re: Grand Jury would blacken the reputation of the patient.
Investigation, 732 F.2d 447, 1983) (Krohn v. CA, 1994)
BUT NOTE THIS 2019 AMENDMENT: The NOTE: The 2019 amendments to the Rules of
communication shall remain privileged, even in Evidence has removed the requirement that the
the hands of a third person who may have
obtained the information, provided that the the
original parties to the communication took
reasonable precaution to protect its The 2019 amendments to the Rules of Evidence also
confidentiality. (Rule 130, Sec. 24, last provides that a psychotherapist or person reasonably
paragraph) believed by the patient to be authorized to practice
medicine or psychotherapy is covered by the
Q: When is the identity of a client privileged? physician and patient privileged communications.
(LAST LINK DOCTRINE) (Rule 130, Sec. 24[c])
1. Where a strong probability exists that revealing
the client's name would implicate that client in the
Q: Who are covered by this privilege? 2. The patient does not consent to the examination.
A: A physician, psychotherapist, or person (Rule 130, Sec. 24)
reasonably believed by the patient to be authorized
to practice medicine or psychotherapy. Q: When does the priest-penitent privilege not
apply?
This privilege also applies to persons, including 1. Where a minister is consulted not as such (e.g.,
he is consulted as a friend or interpreter).
participated in the diagnosis or treatment of the 2. When there is waiver.
patient under the direction of the physician or
psychotherapist. (Rule 130, Sec. 24[c]) Q: Who are covered by this privilege?
A: A minister, priest, or person reasonably believed
Q: When does the physician-patient privilege not to be so. (Rule 130, Sec. 24[d])
apply?
1. When the case is a criminal case. e. Public Officers
2. When the testimony refers to information
regarding a patient which the physician acquired Q: What are the requisites for the Public Officers
either before the relation of physician and patient Privilege?
began or after its termination. 1. The communication must have been made to a
3. When there is waiver. public officer;
4. If the physician acted for purposes other than to 2. The communication was made in official
prescribe for the patient. confidence; and
5. When the information was not necessary for the 3. Public interest would suffer by the disclosure of
proper treatment of the patient. the information (Rule 130, Sec. 24[e])
6. When the information does not blacken the
reputation of the patient. Q: What is the Presidential Communications
7. Where an action for damages is brought by the Privilege?
patient against his physician. A: Presidential communications pertains to
8. When the physician is presented as an expert "communications, documents or other materials that
witness and the facts testified to are merely reflect presidential decision-making and
hypothetical. (Lim v. Court of Appeals, G.R. No. deliberations and that the President believes should
91114, 1992) remain confidential."
9. When the information was intended to be public,
such as results of physical and mental Presidential communications privilege applies to
examinations ordered by the court and results of decision-making of the President. (Neri v. Senate
autopsies. (See Rule 28, Sec. 4) Committee on Accountability of Public Officers and
Investigations, G.R. No. 180643, March 25, 2008)
Q: Does the privilege survive the death of the
patient? Q: What are the elements of the Presidential
A: Yes. The privilege survives the death of the Communications Privilege?
patient. After one has gone to his grave, the living are 1. -
not permitted to impair his name and disgrace his
memory by dragging to light communications and 2.
disclosures made under the seal of the statute. close advisor of the President or the President
(Gonzales v. CA, G.R. No. 117740, 1998). himself; and
3. Privilege may be overcome by a showing of
d. Priest and Penitent adequate need such that the information sought
Q: What are the requisites for Priest and Penitent unavailability of the information elsewhere (Neri v.
Privilege? Senate Committee, G.R. No. 180643, 2008)
1. The communication or confession or advice must
be made to or by the minister or priest in his
professional character, and in the course of Sec. 1)?
discipline enjoined by the church to which the A: Without prejudice to his liability under the civil and
minister or priest belongs; and criminal laws, any publisher, owner, or duly
recognized or accredited journalist, writer, reporter,
contributor, opinion writer, editor, columnist,

manager, media practitioner involved in the writing, If personal notes are taken for guidance, the notes
editing, production, and dissemination of news for shall be destroyed. Should such records exist, the
mass circulation, of any print, broadcast, wire service same shall also be privileged and confidential.
organization, or electronic mass media, including
cable TV and its variants, cannot be compelled to All privileged and confidential information obtained in
reveal the source of any news item, report or CAM or JDR shall be inadmissible as evidence for
information appearing or being reported or any purpose in any other proceedings.
disseminated through said media, which was related
in confidence to the abovementioned media However, evidence or information that is otherwise
practitioners. (R.A. No. 53, as amended by R.A. admissible does not become inadmissible solely by
11458, Sec. 1) reason of its use in CAM or JDR (Guidelines for the
Conduct of CAM and JDR in Civil Cases, A.M. No.
19-10-SC, Part D, Sec. 7).
Privilege?
A: Yes. Unless the court or the House of Q: What is Judicial Privilege?
Representatives or the Senate or any committee of A: At the most basic level and subject to the principle
Congress finds that such revelation is demanded by of comity, Members of the Court, and Court officials
the security of the State. (R.A. No. 53, as amended and employees may not be compelled to testify on
by R.A. 11458, Sec. 1) matters that are part of the internal deliberations and
actions of the Court in the exercise of their
Q: What is the Privileged Communication in adjudicatory functions and duties, while testimony on
Labor Conciliation Proceedings (Labor Code, Art. matters external to their adjudicatory functions and
233) duties may be compelled by compulsory processes.
A: Information and statements made at conciliation (Per Curiam Supreme Court Decision in connection
proceedings shall be treated as privileged with the letter of the House Prosecution Panel to
communication and shall not be used as evidence in subpoena Justices of the Supreme Court, 2013)
the Commission. Conciliators and similar officials
shall not testify in any court or body regarding any To summarize these rules, the following are
matters taken up at conciliation proceedings privileged documents or communications, and are
conducted by them. (Labor Code, Art. 233) not subject to disclosure:
Q: Define the concept of Secrecy of Bank 1. Court actions such as the result of the raffle of
Deposits (R.A. 1405, Sec. 2) cases and the actions taken by the Court on
A: All deposits of whatever nature with banks or each case included in the agenda of the Court's
banking institutions in the Philippines including session on acts done material to pending cases,
investments in bonds issued by the Government of except where a party litigant requests
the Philippines, its political subdivisions and its information on the result of the raffle of the case,
instrumentalities, are hereby considered as of an pursuant to Rule 7, Section 3 of the Internal
absolutely confidential nature and may not be Rules of the Supreme Court;
examined, inquired or looked into by any person,
government official, bureau or office, except upon 2. Court deliberations or the deliberations of the
written permission of the depositor, or in cases of Members in court sessions on cases and matters
impeachment, or upon order of a competent court in pending before the Court;
cases of bribery or dereliction of duty of public
officials, or in cases where the money deposited or 3. Court records which are "predecisional" and
invested is the subject matter of the litigation. (R.A. "deliberative" in nature, in particular,
1405, Sec. 2) documents and other communications which are
part of or related to the deliberative process, i.e.,
Q: Define the privilege in Court-Annexed notes, drafts, research papers, internal
Mediation and Judicial Dispute Resolution cases. discussions, internal memoranda, records of
A: Any and all matters discussed, or communications internal deliberations, and similar papers.
made, including requests for mediation, and
documents presented during CAM or JDR 4. Confidential Information secured by justices,
proceedings, shall be privileged and confidential. judges, court officials and employees in the
course of their official functions, mentioned in (2) Q: When does the privilege not apply?
and (3) above, are privileged even after their 1. A person who voluntarily testifies against his
term of office. parents
2. Persons other than direct ascendants and
5. Records of cases that are still pending for descendants testify against the person. The
decision are privileged materials that cannot be privilege under the provision mentioned applies
disclosed, except only for pleadings, orders and only to direct ascendants and descendants, a
resolutions that have been made available by the family tie connected by a common ancestry. A
court to the general public. stepdaughter has no common ancestry by her
stepmother. (Lee v. Court of Appeals, G.R. No.
6. The principle of comity or inter-departmental 177861, 2010)
courtesy demands that the highest officials of
each department be exempt from the Q: What are the factors in determining if an
compulsory processes of the other departments. information is a trade secret and hence protected
from disclosure?
7. These privileges belong to the Supreme Court as 1. The extent to which the information is known
an institution, not to any justice or judge in his or outside of the
her individual capacity. Since the Court is higher 2. The extent to which the information is known by
than the individual justices or judges, no sitting employees and others involved in the business;
or retired justice or judge, not even the Chief 3. The extent of measures taken by the employer to
Justice, may claim exception without the consent guard the secrecy of the information;
of the Court. (In re: Production of Court Records, 4. The value of the information to the employer and
2012) to competitors;
5. The amount of effort or money expended by the
Q: What is Witness Protection, Security and company in developing the information; and
Benefit Act (R.A. 6981, Sec. 7)? 6. The extent to which the information could be
A: All proceedings involving application for admission easily or readily obtained through an independent
into the Program and the action taken thereon shall source. (Air Philippines v. Pennswell, Inc., G.R.
be confidential in nature. No information or No. 172835, 2007)
documents given or submitted in support thereof
shall be released except upon written order of the NOTE: The 2019 amendments to the Rules of
Department or the proper court. (R.A. 6981, Sec. 7) Evidence also provides that A person cannot be
compelled to testify about any trade secret, unless
f. Parental and Filial Privilege the non- disclosure will conceal fraud or otherwise
work injustice.
Q: What is the rule with regard to parental and
filial privilege? When disclosure is directed, the court shall take such
A: GENERAL RULE - No person may be compelled protective measure as the interest of the owner of the
to testify against his parents, other direct ascendants, trade secret and of the parties and the furtherance of
children or other direct descendants. justice may require. (Rule 130, Sec. 26)
EXCEPTION - when such testimony is indispensable Q: What is an ADMISSION?

in a crime against that person or by one parent A: An admission is defined under Rule 130, Section
against the other. (Rule 130, Sec. 25) 27 of the Rules of Court as the act, declaration or
omission of a party as to a relevant fact. (Sanvicente
Q: Distinguish parental privilege from filial v. People, G.R. No. 132081, November 26, 2002)
privilege.
1. Parental Privilege: A parent cannot be An "admission is the mere acknowledgment of a fact
compelled to testify against his child or direct or of circumstances from which guilt may be inferred,
descendants tending to incriminate the speaker, but not sufficient
2. Filial Privilege: A child may not be compelled to of itself to establish his guilt."
testify against his parents or other direct
ascendants In other words, it is a "statement by defendant of fact
or facts pertinent to issues pending, in connection
with proof of other facts or circumstances, to prove
guilt, but which is, of itself, insufficient to authorize 2. Be categorical and definite;
conviction." (People v. Solayao, G.R. No. 119220, 3. Be knowingly and voluntarily made; and
1996)
Q: What is the rule on admissions by a party? Otherwise: it would be self-serving and inadmissible
A: The act, declaration, or omission of a party as to
Q: What is the Rule on Admissions by a Party?
a relevant fact may be given in evidence against him
A: The act, declaration, or omission of a party as to
or her. (Rule 130, Sec. 27)
a relevant fact may be given in evidence against him.
(Rule 130, Sec. 27)
Q: What are the two (2) types of Admissions?
1. JUDICIAL ADMISSION An admission, verbal
Q: Is an admission by the president of a company
or written, made by the party in the course of the
binding upon such company?
proceedings in the same case, does not require
A: The admissions of the president of a company are
proof. The admission may be contradicted only
binding on the company under the rule that
by showing that it was made through palpable
admissions of liability by a party may be given against
mistake or that the imputed admission was not,
it. (Keller & Co. v. COB, G.R. No. L-68097, 1986)
in fact, made. (Rule 129, Sec. 4)
Q: What are SELF-SERVING DECLARATIONS?
2. EXTRAJUDICIAL ADMISSION - one made out
A: Unsworn statements made by the declarant out of
of court or in a judicial proceeding other than the
court and which are favorable to his interests.
one under consideration. (Perry v. Simpson,
(People v. Omictin, G.R. No. 188130, 2010)
Conn. 313 cited in Riano)
But if the declarant takes the stand to testify and be
EXTRAJUDICIAL
JUDICIAL ADMISSION cross-examined, then it is not self-serving.
ADMISSION
Rule 129, Sec. 4 Rule 130, Sec. 27 Q: Are Self-Serving Declarations admissible?
A: Self-serving declarations are not admissible.
Made in course of the (People v. Omictin, G.R. No. 188130, 2010)
Out-of-court
proceedings in the same
declaration Q: When are self-serving admissions
case
admissible?
Does not require proof; Requires proof; must 1. Part of the res gestae, including spontaneous
deemed automatically be formally offered in statements and verbal acts. (See Rule 130 Sec.
part of the record evidence 44)
2. When in the form of complaint and exclamations
Conclusive upon the of pain and suffering.
admitter 3. When the credibility of a party has been assailed
on the ground that his testimony is a recent
BUT may be fabrication.
contradicted by showing 4. When offered by the opponent.
that: 5. When offered without objection or there is
Rebuttable
waiver.
a. It was made through
palpable mistake
b. The imputed Q: What is the res inter alios acta rule?
admission was not, A: A thing done among some persons
in fact, made (Regalado, 2008
ed.)
Admissible, only if it
Admissible, even if it is a Q: What are the two branches of the res inter alios
is not a self-serving
self-serving declaration acta rule?
declaration
A:
1. The rights of a party cannot be prejudiced by an
Q: When is an admission admissible? act, declaration, or omission of another (Rule
A: It must: 130, Sec. 29)
1. Involve matters of fact, and not of law;
2. Similar Acts Rule: Evidence that one did or did not A: The act or declaration of a partner or agent of the
do a certain thing at one time is not admissible to party may be given in evidence against his co-partner
prove that he or she did or did not do the same or or agent provided that the following requisites are
similar thing at another time (Rule 130, Sec. 35) present:
1. The partnership or agency is previously proved
This rule only applies to extrajudicial declarations by evidence other than the act or declaration
(People v. Raquel, G.R. No. 119006, 2006) itself.
2. The partner or agent was authorized by the party
Q: What are the exceptions to the res inter alios to make a statement concerning the subject OR
acta rule (1st branch)? the act or declaration was within the scope of his
A: authority
1. Admission by a Co-Partner or Agent (Rule 130, 3. The act or declaration was made during the
Sec. 30) existence of the partnership or agency. (Rule
2. Admission by a Co-Conspirator (Rule 130, Sec. 130, Sec. 30)
31)
3. Admission by Privies (Rule 130, Sec. 32) NOTE: The same rule applies to the act or
4. Admission by Silence (Rule 130, Sec. 33; see declaration of a joint owner, joint debtor, or other
Tan Siok Kuan v. Returta, G.R. No. 175085, person jointly interested with the party.
2016, J. Perez) 1. There exists a joint interest between the joint
5. Interlocking Confessions (People v. Muit, G.R. owner, joint debtor, or other person jointly
No. 181043, 2008) interested with the party;
6. Statements made by an employee against his 2. The existence of the joint interest must first be
employer are admissible against the latter, where established by evidence other than the act or
the statements were made while in employ and declaration itself;
where they concerned a matter within the scope 3. The act or declaration was made while the
of his employment. (Mahlandt v. Wild Canid interest was subsisting; and
Survival & Research Center, 588 F.2d 626, 8th 4. The act or declaration relates to the subject
Cir. 1978) matter of the joint interest (Rule 130, Sec. 30)
Q: What is the rule on admissions by a third Q: What is the rule on admission by a

party? conspirator?
A: The rights of a party cannot be prejudiced by an A: The act or declaration of a conspirator may be
act, declaration, or omission of another, except as given in evidence against the co-conspirator provided
hereinafter provided. (Rule 130, Sec. 29) the following requisites are present:
1. That the conspiracy be first proved by evidence
Example: After a murder, the Accused goes to his other than the act or declaration itself.
2. That the act or declaration was in furtherance of
the conspiracy.
murder case against the Accused; the declaration 3. That the act or declaration was made during the
may be given in evidence as an admission only existence of the conspiracy. (Rule 130, Sec. 31)
against the Accused. It is not admissible against
Jose. NOTE: Applicable only to extrajudicial acts or
declaration but NOT to testimony given on the stand
HOWEVER: If the Accused testifies and explains the at the trial where the defendant has the opportunity
participation of Jose, then the testimony of the to cross-examine the declarant. (People v. Serrano,
Accused is admissible against Jose. G.R. No. L-7973, 1959)
NOTE: Sec. 29 of Rule 130 refers to the first branch Q: What is the rule on admission by privies?
of the res inter alios acta rule. The second branch A: General Rule: In order for an act, declaration or
can be found in Sec. 35, Rule 130 - similar acts as omission of a former owner of property to be
evidence. (Regalado 2008 ed., 758) admissible against his successor in title, it must have
been made at the time when the title was still held by
Q: What is the rule on admission by a co-partner the former owner. (Rule 130, Sec. 32)
or agent?

NOTE: The acts/declarations of a predecessor are A confession is an acknowledgement in express

not binding on the successor if the predecessor's terms, by a party in a criminal case, of his guilt of the
acts/declarations acknowledging the ownership of or crime charged, while an admission is a statement by
offering to purchase the property from a third party the accused, direct or implied, of facts pertinent to
were made before the predecessor held title to the the issue and tending, in connection with proof of
property. (City of Manila v. Del Rosario, G.R. No. other facts, to prove his guilt. (People v. Maqueda,
1284, 1905) G.R. No. 112983, 1995)
Q: What is admission by silence? Q: Distinguish an admission from a confession.

A: An act or declaration made in the presence and ADMISSION CONFESSION
within the hearing or observation of a party who does A statement of fact Involves an
or says nothing when the act or declaration is such which does not involve acknowledgement of
as naturally to call for action or comment if not true, an acknowledgement guilt of the crime
and when proper and possible for him to do so, may of guilt or liability charged
be given in evidence against him or her. (Rule 130, May be express or tacit Must be express
Sec. 33) May be made by third Can be made only by
persons and, in certain the party himself and,
Q: Is admission by silence applicable in criminal cases, are admissible in some instances, are
cases? against a party (see admissible against his
A: Yes. The rule allowing silence of a person to be Rule 130, Sec. 40, on co-accused (e.g.,
taken as an implied admission of the truth of the declarations against interlocking
statements uttered in his presence is applicable in interest) confessions)
criminal cases. (People v. Paragsa, G.R. No. L-
44060, 1978) In a confession, there is an acknowledgment of guilt.
On the other hand, the term admission is usually
Q: What must be shown in order for admission by applied in criminal cases to statements of fact by the
silence to be admissible? accused which do not directly involve an
A: It must appear that: acknowledgment of his guilt or of the criminal intent
to commit the offense charged. The rights of an
1. He heard and understood the statement; accused are not confined to the period prior to the
2. He was at liberty to interpose a denial; filing of an information but are available at that stage
3. The statement was in respect to some matter when a person is under investigation for the
affecting his rights or in which he was then commission of an offense.
interested, and calling, naturally, for an answer;
4. The facts were within his knowledge; and These rights are available to a person at any time
5. The fact admitted or the inference to be drawn before arraignment whenever he is investigated for
from his silence would be material to the issue. the commission of an offense. (People v. Maqueda,
(People v. Paragsa, G.R. No. L-44060, 1978) G.R. No. 112983, 1995)
Q: What is the effect of the silence of an accused Q: What are the two types of confession?
under custodial investigation? 1. JUDICIAL CONFESSION: One made before a
A: The silence of an accused under custody, or his court in which the case is pending and in the
failure to deny statements by another implicating him course of legal proceedings therein and, by itself,
in a crime, especially when such accused is not can sustain a conviction in capital offenses.
asked to comment or reply to such implications or -
accusations, cannot be considered as a tacit accused since the latter are afforded the
confession of his participation in the commission of opportunity to cross-examine.
the crime. (People v. Alegre, G.R. No. L-30423, 2. EXTRA-JUDICIAL CONFESSION: One made in
1979) any other place or occasion and cannot sustain
a conviction unless corroborated by evidence of
Q: What is a confession? the corpus delicti.
A: It is a categorical acknowledgment of guilt made May be given in evidence against the confessant
by an accused in a criminal case, without any but not against his co-accused as they are
exculpatory statement or explanation. (Regalado deprived of the opportunity to cross-examine
2008 ed.) him. (Riano 2016 ed.)
Note: The affected party (i.e., co-accused) must without the possibility of collusion among
have been given the opportunity to cross-examine. It them
is irrelevant whether such party actually cross- the fact that the statements are in all material
examined the confessant. respects identical is confirmatory of the
confessions of the co-defendants and is
Q: When is an extrajudicial admission or admissible against other persons implicated
confession transposed into a judicial admission therein. (People v. Dela Torre, G.R. Nos.
or confession? 116084-85, March 9, 2000)
A: Where an extrajudicial admission or confession is
repeated during trial and the other accused is They are also admissible as circumstantial
accorded the opportunity to cross-examine the evidence against the person implicated therein
admitter, such admission or confession is transposed
into a judicial admission or confession. (People v. participation in the commission of the crime and
Buntag, G.R. No. 123070, 2004) may likewise serve as corroborative evidence if
it is clear from other facts and circumstances that
Q: What is the rule on admissibility of other persons had participated in the
extrajudicial confessions? perpetration of the crime charged and proved.
A: To be admissible, it is necessary that: (People v. Lising, G.R. Nos. 106210-11, 1998).
1. It be voluntary;
2. It be made with the assistance of competent and Q: What is the rule on similar acts as evidence?
independent counsel; A:
3. It be express; and General Rule: Evidence that one did or did not do a
4. It be in writing. (People v. Reyes y Paje, G.R. No. certain thing at one time is not admissible to prove
178300, 2009) that he did or did not do the same or similar thing at
another time. (Rule 130, Sec. 35)
NOTE the guidelines in confessions in custodial
investigations and interrogations. Exceptions: Similar acts may be received as
evidence to prove. SIPPS-HCU
Q: Is the extrajudicial confession of an accused
admissible against his co-accused? 1. A Specific intent or knowledge
A: General Rule The extrajudicial confession of an 2. Identity
accused is binding only upon himself and is not 3. Plan
admissible against his co-accused. 4. System
Exceptions: 5. Scheme
1. If the co-accused impliedly acquiesced in or 6. Habit
adopted the confession by not questioning 7. Custom
its truthfulness, as where it was made in his 8. Usage; and
presence and he did not remonstrate 9. The like.
against his being implicated by it; (Rule 130,
Sec. 33) NOTE: Rule 130, Sec. 35 is the second branch of the
2. Extrajudicial confession of an accused is res inter alios acta rule and applies to both civil and
admissible against his co-accused where criminal cases.
the confession is used as circumstantial
evidence to show the probability of Q: What are the similar acts rules in special laws?
participation of the co-accused (People v. 1.) RAPE SHIELD (SEC. 6, R.A. No. 8505): In
Liwag y Morales, G.R. No. 89112, August 3, prosecutions for rape, evidence of the co
1993) past sexual conduct, opinion thereof, or of his/her
3. Interlocking confessions (People v. Dela reputation shall not be admitted.
Torre, G.R. Nos. 116084-85, March 9, 2000)
Exception: Unless, and only to the extent that
Q: What is the doctrine of interlocking the court finds, that such evidence is relevant
confessions? and material to the case.
A: Where several extrajudicial confessions had been:
made by several persons charged with the
same offense;
2.) RULE ON EXAMINATION OF CHILD UNDER SPECIAL LAWS

WITNESSES (Sec. 30): The following evidence is 1. Tax cases payment of any internal
not admissible in any criminal proceeding involving revenue tax may be compromised, and all
alleged sexual child abuse: criminal violations may likewise be
a. Evidence offered to prove that the compromised; (Sec. 204, NIRC)
alleged victim engaged in other sexual EXC: Those already filed in court & those
behavior; and involving fraud
b. Evidence offered to prove the sexual 2. Those covered by Katarungang
predisposition of the alleged victim. Pambarangay Law; and
3. B.P. 22 cases
Exception: Evidence of specific instances
of sexual behavior by the alleged victim to Q: What are NOT admissible in evidence against
prove that a person, other than the accused, the accused who made the plea or offer?
was the source of the semen, injury, or other A: The following are NOT admissible in evidence
physical evidence. (This is admissible.) against the accused who made the plea or offer:
1. A plea of guilty later withdrawn; or
Q: What is the rule on compromises in civil 2. An unaccepted offer of a plea of guilty to lesser
cases? offense
A: General Rule: An offer of compromise is not an 3. Any statement made in the course of plea
admission of any liability and is NOT admissible in bargaining with the prosecution, which does not
evidence against the offeror. result in a plea of guilty or which results in a plea
of guilty later withdrawn (Rule 130, Sec. 28)
Exception: When such offer is clearly not only to buy 4. Offer to pay or the payment of medical, hospital,
peace but amounts to an admission of liability, the or other expenses occasioned by an injury (Rule
offered compromise being directed only to the 130, Sec. 28)
amount paid (El Varadero de Manila v. Insular
Lumber, G.R. No. 21911, September 15, 1924). Q: What is an Unaccepted Offer?
A: An offer in writing to pay a particular sum of money
Rule on Compromise Negotiations: or to deliver a written instrument or specific personal
Neither is evidence of conduct nor statements made property is, if rejected without valid cause, equivalent
in compromise negotiations admissible. to the actual production and tender of the money,
instrument, or property. (Rule 130, Sec. 36)
Exception:
1. Evidence otherwise discoverable; Q: What is the good Samaritan doctrine?
2. Evidence offered for another purpose, such as A: An offer to pay or the payment of medical, hospital
proving bias or prejudice of a witness, negativing or other expenses occasioned by an injury is not
a contention of undue delay or proving an effort admissible in evidence as proof of civil or criminal
to obstruct a criminal investigation or liability for the injury.
prosecution. (Rule 130, sec. 28)
The offer of compromise which naturally, under the
Q: What is the rule on compromises in criminal general rules of evidence, must be excluded, except
cases? that as the amounts named in the offers to accept
A: General Rule: an offer of compromise by the certain sums in settlement appear to have been
accused may be received in evidence as an implied arrived at as a fair estimate of value, they are
admission of guilt. relevant. (El Veradero v. Insular, G.R. No. 21911,
Exceptions: 1924)
UNDER RULE 130
1. Involving criminal quasi-offenses (criminal Q: What are the requisites for the Admissibility of
negligence); (Rule 130, Sec. 28) Extrajudicial Confessions?
2. Those allowed by law to be compromised 1. The confession must involve an express and
(Rule 130, Sec. 28) categorical acknowledgement of guilt.
2. The facts admitted must be constitutive of a
criminal offense.
3. The confession must have been given voluntarily.

4. The confession must have been intelligently made, (a)

the accused realizing the importance or legal and was given under oath subject to the
significance of his act. penalty of perjury at a trial, hearing or other
5. There must have been no violation of Section 12, proceeding, or in a deposition
Art. III of the 1987 Constitution. (People v. Muleta, (b)
G.R. No. 130189, 1999) and is offered to rebut an express or implied
charge against the declarant of recent
Q: Are extra-judicial confessions binding? fabrication or improper influence or motive;
A: The extrajudicial confession of an accused is or
binding only upon himself and is not admissible (c) One of identification of a person made after
against his co-accused. (People v. Lising, G.R. No. perceiving him or her (Rule 130, Sec. 37)
106210-11, 1998)
Q: What are the elements of hearsay?
Q: When are extra-judicial confessions binding 1. There must be an out-of-court statement,
against a co-accused? whether oral or written, or a conduct intended as
1. If the co-accused impliedly acquiesced in or an assertion, and
adopted the confession by not questioning its 2. The statement made out of court is repeated and
truthfulness, as where it was made in his offered by the witness to prove the truth of the
matters asserted in the statement.
presence and he did not remonstrate against his
being implicated by it; (waiver)
Q: What are the forms of hearsay evidence?
2. If the co-accused persons voluntarily and
A: It may be verbal, in writing or even non-verbal
independently executed identical confessions
conduct.
without conclusions; Confessions corroborated by
other evidence and without contradiction by the
Q: What is the reason for excluding hearsay
co-accused who was present (INTERLOCKING
evidence?
CONFESSIONS)
A: The reason for the exclusion of hearsay evidence
3. Where the co-accused admitted the facts stated by
is that the party against whom the hearsay testimony
the confessant after being apprised of such
is presented is deprived of the right or opportunity to
confession;
cross-examine the person to whom the statements
4. If the confession is used only as a corroborating
are attributed. Moreover, the court is without
evidence against the other co-accused charged
opportunity to test the credibility of hearsay
as co-conspirators;
statements by observing the demeanor of the person
5. Where the confession is used as circumstantial
who made them. (People of the Philippines v. Victor
evidence to show the probability of participation
P. Padit, G.R. No. 202978, 2016)
by the co-conspirator; (People v. Morales, G.R.
No. 89112, August 3, 1993)
Q: What are the exceptions to the hearsay rule?
1. Dying declarations;
Q: What is the rule on Hearsay? 2. Statement of decedent or person of unsound
A: Statement other than one made by the declarant mind;
while testifying at a trial or hearing, offered to prove 3. Declaration against interest;
the truth of the facts asserted therein. 4. Act or declaration about pedigree;
5. Family reputation or tradition regarding pedigree;
A statement is: 6. Common reputation;
(1) An oral or written assertion or 7. Part of the res gestae;
(2) A non-verbal conduct of a person, if it is intended 8. Records of regularly conducted business
by him or her as an assertion. activity;
9. Entries in official records;
10. Commercial lists and the like;
Hearsay evidence is inadmissible except as 11. Learned treatises;
otherwise provided in these Rules. 12. Testimony or deposition at a former proceeding;
and
Q: When is a statement not hearsay? 13. Residual exception
A: A statement is not hearsay if the declarant
testifies at the trial or hearing and is subject to cross-
examination concerning the statement, and the
statement is:
Q: What is the dying declaration exception to b. at a time when the matter had been
hearsay? recently perceived by him or her; and
A: Declaration is made by dying person c. while his or her recollection was clear.
1. Made under the consciousness of an impending
death Such statement, however may be inadmissible if
2. Must relate to the cause and circumstances made under circumstances indicating its lack of
TRUSTWORTHINESS (Rule 130, Sec. 39)
another person)
3. Declaration is offered in a case where NOTE: The previous version of this provision was the
former Rule 130, Sec. 23 on disqualifications by
4. That the declarant would have been competent reason of death or insanity of adverse party (Dead
to testify had he survived rule)
5. Declarant should have died. (Rule 130, Sec. 38)
The former Dead rule has now been
Q: What are the elements for a dying declaration superseded.
exception?
1. Declaration concerns the cause and the The former Dead rule prohibited the survivor
surrounding circumstances of declarant's death; from testifying against the deceased or person of
2. Made when death appears to be imminent and unsound mind; the Dead Statute put the two
the declarant is under a consciousness of parties on equal footing: Where death has sealed the
impending death; lips of the dead, the law seals the lips of the living.
3. Dying declaration relates to facts which the
victim is competent to testify to; BUT now, a party, a assignor or a person in
4. Dying declaration is offered in a case in which whose behalf a case is being prosecuted in an action
the subject of inquiry involves the declarant's demanding or claiming against the executor,
death (People vs. Bautista, G.R. No. 117685, administrator or other representative of the deceased
1999) or the person of unsound mind, can now TESTIFY on
a matter of fact occurring before the death of the
Q: What is the rule on the statement of decedent
deceased or before the person became of unsound
or person of unsound mind?
1. In an action: mind.
a. Against an executor or administrator
or other representative of a deceased Q: What is the rule on declaration against
interest?
person or
A: The declaration made by a person deceased, or
b. Against a person of unsound mind unable to testify, against the interest of the declarant,
if the fact asserted in the declaration was at the time
2. Upon a claim or demand against the
estate of such deceased person or interest, that a reasonable person in his or her
against such person of unsound mind, position would not have made the declaration unless
he or she believed it to be true, may be received in
3. Where a: evidence against himself or herself or his or her
a. Party or successors in interest and against third persons.
b. Assignor of a party or
c. A person in whose behalf a case is A statement tending to expose the declarant to
prosecuted criminal liability and offered to exculpate the accused
is not admissible unless corroborating circumstances
TESTIFIES on a matter of fact occurring clearly indicate the trustworthiness of the statement
before the death of the deceased or (Rule 130, Sec. 40)
before the person became of unsound
mind, Q: What are the Requisites for DECLARATION
AGAINST INTEREST?
4. Any statement of the deceased or the person 1. Declarant must not be available to testify due to
of unsound mind, may be received in death, mental incapacity, or physical
evidence if the statement was made: incompetence, or outside the territorial
a. upon the personal knowledge of the jurisdiction of the country if exact whereabouts
deceased or person of unsound mind; are unknown.

2. The declaration must concern a fact cognizable Q: Distinguish Declarations Against Interest from
by the declarant. Self-serving Declarations.
3. The circumstances must render it improbable A:
that a motive to falsify existed. (Fuentes v. CA, DECLARATION SELF-SERVING
G.R. No. 111692, 1996) AGAINST DECLARATION
INTEREST
Q: Distinguish Declarations Against Interest from Admissible in Not admissible in
Admissions. evidence evidence as proof of the
DECLARATIONS ADMISSIONS notwithstanding its facts asserted since its
AGAINST INTEREST hearsay character introduction in evidence
Exception to the Admissions of a party would open the door to
hearsay rule; are NOT covered by fraud and perjury
admissible the Hearsay Rule (see
Estrada v. Desierto)
Secondary evidence; Primary evidence; A:
admissible only if the admissible even if the genealogy, birth, marriage, death, the dates when
declarant is dead or declarant is available and the places where these facts occurred, and the
unable to testify as a witness names of relatives. It embraces also facts of family
The fact asserted in the n history intimately connected with pedigree. (Rule
declaration must have need not have been 130, sec. 41, last sentence)
been at the time it was made against his
made so far contrary to interest at the time it Q: What are the requisites for act or declaration
was made. about pedigree?
interest that a 1. The actor/declarant is dead or unable to testify;
reasonable man in his 2. The actor/declarant must be a relative by birth,
position would not have adoption, marriage or, in the absence thereof,
made that declaration the actor/declarant was so intimately associated
unless he believed it to with the family of another person (whose
be true pedigree is in question) as to be likely to have
NOT necessary that The declarant or
the person declarant be someone identified in pedigree;
a party to the action; it interest is a party to the 3. The act or declaration must have been made
is admissible in an action before the controversy occurred; and
action where his 4. The relationship between the actor/declarant
declaration is relevant and the person whose pedigree is in question
May be admitted Used only against the must be shown by evidence other than such act
against himself or his party admitting and or declaration. (See Rule 130, sec. 41)
successor-in-interest those identified with
and against 3rd him in legal interest Q: What are the requisites for family reputation or
persons tradition regarding pedigree?
The declarant must be An admission is made 1. There is controversy in respect to the pedigree
first accounted for as by the party himself, of any member of a family;
dead, absent from the primary evidence and 2. The reputation or tradition of the pedigree of the
jurisdiction, or competent though he person concerned existed previous to the
otherwise unavailable is present in court and controversy; and
as a witness ready to testify 3. The witness testifying to the reputation or
Declarations against May be made at any tradition regarding the pedigree of the person
interests must have time, before or during concerned must be a member of the family of
been made ante litem the trial said person either by consanguinity, affinity or
motam (before the adoption. (See Rule 130, sec. 41)
controversy)
Q: What is the scope of enumeration of the family
reputation or tradition regarding pedigree?
A: The scope of the enumeration contained in the
second portion of this provision is limited to objects
which are commonly known as family possessions, 2. Reputation as to events of general history
important to the community
joint statement of its belief as to the pedigree of a 3. Reputation respecting marriage
person. These are objects openly exhibited and well 4. Reputation respecting moral character
known to the family; or those which, if preserved in a
family, may be regarded as giving a family tradition. Q: What are the requisites for admissibility of
Other examples are: inscriptions on tombstones, common reputation as to events of general
monuments or coffin plates (Jison v. CA, G.R. No. history important to the community?
124853, 1998) 1. The facts must be of public or general interest;
2. The reputation must have been formed among a
Entries in family bibles or other family books or class of persons who were in a position to have
charts, engraving on rings, family portraits and the some sources of information and to contribute
like, may be received as evidence of pedigree. (Rule intelligently to the formation of the opinion; and
130, Sec. 42, last sentence) 3. The reputation must have been existing previous
to the controversy.
Q: Distinguish Act or declaration about pedigree
(Sec. 41) from Family reputation or tradition Q: What are the requisites for admissibility of
regarding pedigree (Sec. 42). common reputation respecting marriage?
SECTION 41 SECTION 42 1. The common reputation must have been formed
Family reputation or previous to the controversy; and
Act or declaration
tradition regarding 2. The reputation must have been formed among a
about pedigree
pedigree class of persons who were in a position to have
The witness testifies as some sources of information and to contribute
to the reputation or intelligently to the formation of the opinion.
Actor/Declarant is tradition regarding
deceased or unable to pedigree within the Q: What are the requisites for admissibility of
testify family (the common reputation respecting moral character?
actors/declarants may 1. That it is the reputation in the place where the
be dead or alive). person in question is best known; and
Witness need not be a Witness is a member of 2. That it was formed previous to the controversy.
member of the family the family (People v. Alegado, G.R. No. 93030-31, 1991)
The witness himself is
Relation of the the one to whom the Q: What is the rule on res gestae?
actor/declarant and fact relates; it is not A: Statements made by a person while a startling
the person subject of necessary for him to occurrence is taking place or immediately prior or
the inquiry must be establish by subsequent thereto, under the stress of excitement
established by independent evidence caused by the occurrence with respect to the
independent evidence his relationship to his circumstances thereof, may be given in evidence as
family part of the res gestae. So, also, statements
accompanying an equivocal act material to the issue,
Q: What is the rule on common reputation? and giving it a legal significance, may be received as
A: Common reputation existing previous to the part of the res gestae (Rule 130, Sec. 44)
controversy, as to boundaries of or customs affecting
lands in the community and reputation as to the Q: What are the 2 types of res gestae utterances?
events of general history important to the community, A:
or respecting marriage or moral character, may be a. Spontaneous Statements
given in evidence. Monuments and inscriptions in
public places may be received as evidence of Requisites:
common reputation (Rule 130, Sec. 43) 1. There must be a startling occurrence;
2. The statement must be made before the
Q: What may be established by common declarant had the time to contrive or devise a
reputation? falsehood, and
1. Boundaries of or customs affecting lands in the 3. The statement must concern the occurrence in
community question and its immediate attending

circumstances. (People v. Estibal, G.R. No. impending death

208749, 2014) (Regalado, 2008 ed.)
It may precede, Confined to matters
b. Verbal Acts utterances which accompany or follow surrounding or
accompany some equivocal act or the events occurring occurring after the
conduct to which it is desired to give a as a part of the homicidal act (People v.
legal effect. principal act (People Peralta, G.R. No.
v. Peralta, G.R. No. 94570, 1994)
Requisites: 94570, 1994)
1. The principal act to be characterized must be
equivocal; Q: What is the rule on records of regularly
2. The equivocal act must be material to the issue; conducted business activity?
3. The statement must accompany the equivocal A: A memorandum, report, record or data
act; and compilation of acts, events, conditions, opinions or
4. The statement gives a legal significance to the diagnoses, made by writing, typing, electronic, optical
equivocal act. or other similar means at or near the time of or from
(Talidano v. Falcon Maritime & Allied Services, transmission or supply of information -
Inc., G.R. No. 172031, 2008) a) By a person with knowledge thereof and
b) Kept in the regular course or conduct of a
Q: Distinguish spontaneous statements from business activity and
verbal acts. c) Such was the regular practice to make the
SPONTANEOUS memorandum, report, record or data
VERBAL ACTS
STATEMENTS compilation by electronic, optical or similar
Res gestae is the Res gestae is the means
startling occurrence equivocal act d) All of which are shown by the testimony of
Statement may be Statement must be the custodian or other qualified witnesses,
made prior, or contemporaneous with
immediately after, the or must accompany the - is excepted from the rule of hearsay evidence (Rule
startling occurrence equivocal act 130, Sec. 45)
Q: Distinguish Res Gestae from Dying Q: Who are the persons covered by this
Declaration. exception?
RES GESTAE DYING A: The entrant and the witness.
DECLARATION
It is the event itself A sense of impending The entrant himself or herself is not required to be
which is speaking death takes the place of dead or unable to testify (which was the requirement
through the witness an oath and the law under the old version of the rule).
(People v. Peralta, regards the declarant as
G.R. No. 94570, testifying (People v. The testimony of the custodian or the other qualified
1994) Peralta, G.R. No. witnesses should be able to prove the other
94570, 1994) requisites under this exception.
A statement as part of Made only by the victim
the res gestae may be (Regalado, 2008 ed.) The counterpart provision in the Rules on Electronic
that of the killer Evidence is Rule 8.
himself during or after
the killing or that of a Q: What is the rule on entries in official records?
third person A: Entries in official records made in the performance
(Regalado, 2008 ed.) of his or her duty by a public officer of the Philippines,
The rule of res gestae The trustworthiness of a or by a person in the performance of a duty specially
has its justification in dying declaration is enjoined by law, are prima facie evidence of the facts
the spontaneity of the based upon its being therein stated. (Rule 130, Sec. 46)
statement (Regalado, given under the
2008 ed.) awareness of Q: What are the requisites of this exception?
1. That the entry was made by:
a. A public officer, or
b. Another person, specially enjoined by market and that they are generally regarded as
law to do so; trustworthy and relied upon.
2. That it was made by the public officer in the
performance of his or her duties, or by such other Mere price quotations are not commercial lists. They
person in the performance of a duty specially are issued personally to the claimant, who requested
enjoined by law; and for them from dealers of equipment similar to the
3. That the public officer or other person had ones lost at the collision of the two vessels. These
sufficient knowledge of the facts stated by him or are not published in any list, register, periodical or
her, which must have been acquired by him or other compilation on the relevant subject matter.
her personally or through official information. Neither are these market reports or quotations within
(Africa v. Caltex, G.R. No. L-12986, 1966) the purview of commercial lists as these are not
standard handbooks or periodicals, containing data
Q: Is proof of unavailability of entrant necessary? of everyday professional need and relied upon in the
A: No. It is not necessary to show that the person work of the occupation. (PNOC Shipping v. CA, G.R.
making the entry is unavailable for he is excused No. 107518, 1998)
from appearing in court in order that public business
be not interrupted. Q: What is the rule on learned treatises?
A: A published treatise, periodical or pamphlet on a
The written entries in the clinical case record, subject of history, law, science, or art is admissible
showing the date of her admission in the hospital on as tending to prove the truth of a matter stated therein
April 22, 1973, her complaint of vaginal bleeding and if the court takes judicial notice, or a witness expert
the diagnosis of "Healing lacerated wide at 2 o'clock in the subject testifies, that the writer of the statement
and 10 o'clock hymen" are prima facie evidence of in the treatise, periodical or pamphlet is recognized
the facts therein stated, the said entries having been in his or her profession or calling as expert in the
made in official records by a public officer of the subject. (Rule 130, Sec. 48)
Philippines in the performance of his duty especially
enjoined by law, which is that of a physician in a Q: What are the requisites for this exception?
government hospital. (People v. Leones, G.R. No. L- 1. There is a published treatise, periodical or
48727, 1982) pamphlet on a subject of history, law,
science, or art
Q: What is the rule on commercial lists and the 2. It is offered to prove the truth of a matter
like? stated therein
A: Evidence of statements of matters of interest to 3. The court takes judicial notice, or a witness
persons engaged in an occupation contained in a list, expert in the subject testifies, that the writer
register, periodical, or other published compilation is of the statement in the treatise, periodical or
admissible as tending to prove the truth of any pamphlet is recognized in his profession or
relevant matter so stated if that compilation is calling as expert in the subject. (Rule 130,
published for use by persons engaged in that Sec. 48)
occupation and is generally used and relied upon by
them therein. (Rule 130, Sec. 47) Q: What is the rule on testimony or deposition at
a former trial?
Q: What are the requisites of this exception? A: The testimony or deposition of a witness
1. It is a statement of a matter of interest to persons deceased or out of the Philippines or who cannot,
engaged in an occupation; with due diligence, be found therein, or is unavailable
2. Such statement is contained in a list, register, or otherwise unable to testify, given in a former case
periodical or other published compilation; or proceeding, judicial or administrative, involving the
3. That compilation is published for the use of same parties and subject matter, may be given in
persons engaged in that occupation, and evidence against the adverse party who had the
4. That compilation is generally used and relied opportunity to cross-examine him or her (Rule 130,
upon by persons in the same occupation (Rule Sec. 49)
130, Sec. 47)
Q: What are the requisites for this exception?
NOTE: A preliminary foundation must first be laid for 1. The witness whose testimony is offered in
such evidence showing that such publications have evidence:
been regularly prepared by a person in touch with the a. Is deceased
b. Is unable to testify 20986, 1965; Cornejo, Sr. v. Sandiganbayan, G.R.

c. Is out of the Philippines No. 58831, 1987; Sebastian, Sr. v. Garchitorena. et
d. Cannot with due diligence be found in al., G.R. No. 114026, 2000)
the Philippines, or
e. Is unavailable; The doctrine on independently relevant statements
2. His testimony or deposition was given in a former states that conversations communicated to a witness
case or proceeding, judicial or administrative, by a third person may be admitted as proof that,
between the same parties or those representing regardless of their truth or falsity, they were actually
the same interests (identity of parties); made. Evidence as to the making of such statements
3. The former case involved the same subject as is not secondary but primary, for in itself it (a)
that in the present case, although on different constitutes a fact in issue or (b) is circumstantially
causes of action (identity of issues); and relevant to the existence of such fact. (Republic v.
4. The adverse party had an opportunity to cross- Heirs of Alejaga, G.R. No. 146030, 2002)
examine the witness in the former case. (Riano,
2019 ed.) Q: What are the two classes of Independently
Relevant Statements?
Q: What is the rule on residual exception? 1. Those statements which are the very facts in
A: A statement not specifically covered by any of the issue.
foregoing exceptions, having equivalent 2. Those statements which are circumstantial
circumstantial guarantees of trustworthiness, is evidence of the facts in issue.
admissible if the court determines that: Examples:
a) The statement is offered as evidence of a - Statement of a person showing his state of
material fact;
b) The statement is more probative on the point - Statement of a person showing his physical
for which it is offered than any other
evidence which the proponent can procure - Statement of a person to infer a state of
through reasonable efforts; and
c) The general purposes of these rules and the - Statements which may identify the date,
interests of justice will be best served by place and person in question;
admission of the statement into evidence. - Statements to show a lack of credibility of a
witness. (Estrada v. Desierto, G.R. Nos.
However, a statement may not be admitted under 146710-15, 2001)
this exception unless the proponent makes known to
the adverse party, sufficiently in advance of the Q: What is opinion evidence?
hearing, or by the pre-trial stage in the case of a trial A: Opinion evidence refers to evidence of what the
of a main case, to provide the adverse party with fair witness thinks, believes or infers in regard to facts in
opportunity to prepare to meet it, the dispute, as distinguished from his personal
intention to offer the statement and the particulars of knowledge of the facts themselves. (Belen v. People,
it, including the name and address of the declarant. G.R. No. 211120, 2017)
(Rule 130, Sec. 50)
Q: Are opinions admissible in evidence?
Q: What is the Doctrine of Independently A: The opinion of a witness is not admissible.
Relevant Statements?
A: Where the statements or writings attributed to a Exceptions:
person who is not on the witness stand are being 1. Opinion of expert witness (Rule 130, Section
offered not to prove the truth of the facts stated 52)
therein but only to prove that those statements were 2. Opinion of ordinary witness (Rule 130,
actually made, or those writings were executed, such Section 53)
evidence is not covered by the hearsay evidence
rule. The witness who testifies thereto is competent Q: What are the rules on expert witnesses?
because he heard the same or saw the execution of A: The opinion of a witness on a matter requiring
the document, as these are matters of fact derived special knowledge, skill, experience or training or
from his own perception and the purpose is only to education which he or she is shown to possess, may
prove either that the statement was made or the tenor be received in evidence. (Rule 130, Sec. 52)
thereof. (Regalado citing People v. Cusi, G.R. No. L-
Q: What is the weight or probative value of expert A. The accused may prove his or her good
testimony? moral character, which is pertinent to the
A: The court is not bound by the opinion of an expert moral trait involved in the offense charged.
such as a handwriting expert. Expert opinion (Rule 130, Sec. 54[a][2])
evidence is to be considered or weighed by the court, For example, the accused in a murder case may
like any other testimony, in light of its own general present evidence that he has a reputation for
knowledge and experience upon the subject of being a peaceful person.
inquiry. (Dizon v Tuazon, G.R. No. 172167, 2008)
B. The prosecution may not prove his or her bad
Q: What are the guidelines that may be used to moral character pertinent to the moral trait
determine the weight to be given to opinion of involved in the offense charged, unless on
expert witness? rebuttal. (Rule 130, Sec. 54[a][2])
A: In any case where the opinion of an expert witness
In rebuttal, the prosecution may present
is received in evidence, the court has a wide latitude
of discretion in determining the weight to be given to evidence that the accused has a reputation for
such opinion, and for that purpose may consider the being a quarrelsome person.
following:
2. As to the character of the offended party
(a) Whether the opinion is based upon The character of the offended party may be proved if
sufficient facts or data; it tends to establish in any reasonable degree the
(b) Whether it is the product of reliable probability or improbability of the offense charged.
principles and methods; (Rule 130, Sec. 54[a][1])
(c) Whether the witness has applied the
principles and methods reliably to facts of For example, in a murder case, the accused, invoking
the case; and
self-defense, can present evidence that the offended
(d) Such other factors as the court may deem
party (the victim) was of a quarrelsome disposition.
helpful to make such determination.
(Rule 133, Sec. 5)
Sexual abuse shield rule in child sexual abuse
Q: When may the opinion of an ordinary witness cases
for which proper basis is given be received in The following evidence, however is not admissible in
evidence? any criminal proceeding involving alleged child
A: When the opinion of the witness relates to: sexual abuse
1. The identity of a person about whom he or she a) Evidence to prove that the alleged victim
has adequate knowledge engaged in other sexual behavior; and
2. A handwriting with which he or she has sufficient b) Evidence offered to prove the sexual
familiarity; and predisposition of the alleged victim (Riano,
3. The mental sanity of a person with whom he or p. 367 citing Sec. 30 of the Rule on
she is sufficiently acquainted. Examination of a Child Witness)
b. Civil cases
The witness may also testify on his or her
impressions of the emotion, behavior, condition or Evidence of the moral character of a party in a civil
appearance of a person. (Rule 130, Sec. 53) case is admissible only when pertinent to the issue
of character involved in the case. (Rule 130, Sec.
Q: When can character evidence be admitted? 54[b])
A: The general rule
character or a trait of character is not admissible for General Rule: The moral character of a party to a
the purpose of proving action in conformity therewith civil case is not a proper subject of inquiry.
on a particular occasion. (Rule 30, Section 54). Exception: In cases where, because of the nature of
the action, the character of a party becomes a matter
Character evidence may only be admissible in in issue.
evidence in:
a. Criminal cases
1. As to the character of the accused

c. Criminal and civil cases Company v. Chante, G.R. No. 170598, October
9, 2013)
Evidence of the good character of a witness is not
admissible until such character has been 2. In CRIMINAL CASES - The burden of proof as
impeached. (Rule 130, Sec. 54[c]) to the guilt of the accused must be borne by the
prosecution, by reason of presumption of
In all cases in which evidence of character or trait of
innocence. The exception to this rule are cases
character of a person is admissible, proof may be
where the accused pleads self-defense or other
made by testimony as to reputation or by testimony
justifiable defenses, in which case, the accused
in the form of an opinion. On cross-examination,
has the burden of proving the existence of the
inquiry is allowable into relevant specific instances of
defense. (People v. Campos et. al., G.R. No.
conduct. (Rule 130, Sec. 54, second par.)
176061, July 4, 2011)
In cases in which character or trait of character of a
Q: What is the rule when the accused is not
person is an essential element of a charge, claim or
brought to trial within the time limit set by law?
defense, proof may also be made of specific
A: Under the Speedy Trial Act, if the accused was
instances of that conduct (Rule 130, Sec.
NOT brought to trial within the time required, the
54, third par.)
information shall be dismissed on the motion of the
accused.
Q: What is the reckoning period for the
determination of the character of the person?
The accused shall have the burden of proof of
A:
supporting such motion BUT the prosecution shall
character or reputation must be confined to a time not
have the burden of going forward with the evidence
too remote from the time in question. In other words,
in connection with the exclusion of time under this
what is to be determined is the character or
Act. (R.A. No. 8483, Sec. 13)
reputation of the person at the time of the trial and
prior thereto, but NOT at a period remote from the
commencement of the suit. (CSC v. Belagan, G.R. A: It is an assumption of fact resulting from a rule of
No. 132164, 2004) law which requires such fact to be assumed from
another fact found or otherwise established in the
F. BURDEN OF PROOF, BURDEN OF action. (Estate of Honorio Poblador, Jr. v. Manzano,
EVIDENCE AND PRESUMPTIONS G.R. No. 192391, 2017)
Q: What are the Effects of Presumptions?

A: Burden of proof is the duty of a party to present A: A party in whose favor the legal presumption
evidence on the facts in issue necessary to establish exists may invoke such presumption to establish a
his claim or defense by the amount of evidence fact in issue and need not introduce evidence to
required by law. Burden of proof never shifts. (Rule prove the fact for the presumption is prima facie
131, Sec. 1, first par.). proof of the fact presumed. (Diesel Construction
Co. v. UPSI Property Holdings Inc., G.R. No. 154937,
2008)
A: Burden of evidence is the duty of a party to present
evidence sufficient to establish or rebut a fact in issue A presumption shifts the burden of evidence or the
to establish a prima facie case. Burden of evidence burden of going forward with the evidence. It
may shift from one party to the other in the course of imposes on the party against whom it is directed the
the proceedings, depending on the exigencies of the burden of going forward with evidence to meet or
case. (Rule 131, Sec. 1, second par.) rebut the presumption. However, it does not shift the
burden of proof. (Regalado, p. 819)
Q: Upon whom does the Burden of Proof Rest?
1. In CIVIL CASES - the plaintiff has the burden of Q: How can PRESUMPTION JURIS be further
proof to show the truth of his allegations, IF the divided?
defendant raises a negative defense. However, A: Conclusive Presumption (juris et de jure)
IF the defendant raises an affirmative defense inferences which the law makes so peremptory that
on the complaint of the plaintiff, the burden of it will not allow them to be overturned by any
proof rests upon him. (Far East Bank Trust contrary proof however strong. (Rule 131, Sec. 2)
Disputable Presumptions presumptions are courts should further keep in mind that even if the
satisfactory if uncontradicted, but may be confession of the accused is gospel truth, if it was
contradicted and overcome by other evidence. (Rule made without the assistance of counsel, it is
131, Sec. 3) inadmissible in evidence regardless of the absence
of coercion or even if it had been voluntarily given.
Q: What are examples of conclusive (Riano, 75 citing People v. Camat, G.R. No. 112262,
presumptions? 1996)
1. Estoppel in pais
2. Estoppel against tenant (Rule 131, Sec. 2) Q: What is the rule on presumptions against an
accused in a criminal case.
Q: What are some examples of disputable A: If a presumed fact that establishes guilt, is an
presumptions? element of the offense charged, or negates a
1. Presumption of innocence defense, the existence of the basic fact must be
2. A person takes ordinary care of his concerns proved beyond reasonable doubt and the presumed
3. A person found in possession of a thing taken in fact follows from the basic fact beyond reasonable
the doing of a recent wrongful act is the taker and doubt. (Rule 131, Sec. 6)
the doer of the whole act
4. A person acting in a public office was regularly Note: Establish basic fact first, then presumed fact
appointed or elected to it follows
5. Official duty has been regularly performed
(presumption of regularity) Example: In theft, you must first prove beyond
6. Ordinary course of business has been followed reasonable doubt the basic fact of taking, then the
7. Private transactions have been fair and regular. presumption of intent to gain may follow
8. Evidence willfully suppressed would be adverse if
produced. Q: Can the presumption of regularity in the
performance of official functions overcome the
Q: What is the rule on presumptions in civil presumption of innocence?
actions and proceedings? A: No. It must also be emphasized that the
A: In all civil actions and proceedings not otherwise presumption of regularity in the performance of
provided for by the law or these Rules, a presumption official functions cannot, by itself, overcome the
imposes on the party against whom it is directed the presumption of innocence. Evidence of guilt beyond
burden of going forward with evidence to rebut or reasonable doubt, and nothing else, is required to
meet the presumption. erase all doubts as to the culpability of the accused.
(Riano, 74 citing Zafra v. People, 671 SCRA 396,
If presumptions are inconsistent, the presumption 405, April 25, 2012)
that is founded upon weightier considerations of
policy shall apply. If considerations of policy are of G. PRESENTATION OF EVIDENCE
equal weight, neither presumption applies. (Rule 131,
Sec. 5). EXAMINATION OF A WITNESS
Q: Is there a presumption of regularity in a
petition for Writ of Amparo? Q: What are the rights of a witness?
A: The presumption of regularity does not apply in a 1. To be protected from irrelevant, improper, or
petition for a Writ of Amparo. Under Sec. 17 of the insulting questions, and from harsh or insulting
Rule on the Writ of Amparo, the public demeanor;
official or employee cannot invoke the presumption 2. Not to be detained longer than the interests of
that official duty has been regularly performed to justice require;
evade responsibility or (Riano, 75) 3. Not to be examined except only as to matters
pertinent to the issue;
Q: Is there a presumption of regularity in 4. Not to give an answer which will tend to subject
custodial investigations? him/her to a penalty for an offense unless
A: The presumption of regularity of official acts does otherwise provided by law (Right against self-
not apply during in-custody investigation, it is incrimination);
incumbent upon the prosecution to prove during the
5. Not to give an answer which will tend to degrade
trial that prior to questioning, the confessant was
his/her reputation, unless it be to the very fact at
warned of his constitutionally-protected rights. Trial
issue or to a fact from which the fact in issue
would be presumed. But a witness must answer ACCUSED ORDINARY WITNESS

to the fact of his previous final conviction for an
offense. (Right Against Self-Degradation) (Rule Invocation of the right The offense involved is
132, Sec. 3) may be with reference one for which he may be
to: tried in another case.
Q: What is the scope of the right against self- the offense involved in (Regalado, Evidence,
incrimination? the same case wherein 842)
A: The right against self-incrimination is granted only he is charged, or
in favor of individuals. Therefore, a corporation an offense for which he
cannot invoke that privilege as the questioned may be charged and
testimony can come only from a corporate officer or tried in another case
employee who has a personality distinct from that of (Regalado, Evidence,
the corporation. 842)
The right covers only testimonial compulsion and
production by him/her of incriminating documents. It
does not exclude the body when it can furnish
relevant and competent evidence. immunity.
Q: What are the obligations of a witness? IMMUNITY

A: A witness must answer questions, although
his/her answer may tend to establish a claim against Prohibits the use of the Grants immunity to the
him/her. witness from
testimony and its fruits in prosecution for an
Note: Refusal of a witness to answer is punishable any manner in connection offense to which his
by Contempt (Rule 71). with the criminal compelled testimony
prosecution of the relates. This second
Q: Distinguish the right against self-incrimination witness. immunity is broader.
of an accused from the right against self- (Galman v. Pamaran, G.R. Nos. L-71208-09 and L-
incrimination of an ordinary witness. 71212-13, 1985)
A:
ACCUSED ORDINARY WITNESS Note: Under R.A. 6981 (Witness Protection, Security
and Benefit Act), A witness admitted into the witness
He cannot be compelled He may be compelled to protection program cannot refuse to testify or give
to testify or produce testify by subpoena, but evidence, produce books, documents, records, or
evidence even by he will have the right to writings necessary for the prosecution of the offense
subpoena or other refuse to answer an or offenses for which he has been admitted on the
process or order of the incriminating question at ground of the right against self-incrimination. (R.A
court. the time it is asked of him. 6981, Sec. 14)
He can refuse outright to He does not have a right Q: How is a witness examined?
take the stand as a to disregard a subpoena, 1. In open court; and
witness decline to appear before 2. Under oath or affirmation. (Rule 132, Sec. 1)
the court at the time
appointed, or refuse to Q: How shall the witness give his answer?
testify altogether. The A: The answers shall be given orally, EXCEPT if:
witness receiving a 1. The witness is incapacitated to speak;
subpoena must obey. It is 2. The question calls for a different mode of
only when the answer. (Rule 132, Sec. 1)
incriminating question is
addressed that he may NOTE: However, the Judicial Affidavit Rule provides
refuse to answer. that the direct testimonies of witnesses shall be given
(Rosete v. Lim, GR No. in affidavits.
136051, June 8, 2006)

Q: Give the order in the examination of an witness. He may be cross-examined as to any

individual witness. matters stated in his direct examination, or connected
A: The order in which an individual witness may be therewith.
examined is as follows:
1. Direct-examination by the proponent; Although there is no definitive case on this matter yet,
2. Cross-examination by the opponent; one can cite the 2019 amendment of Rule 132, Sec.
3. Re-direct examination by the proponent; 6 as basis to say that the accused who testifies may
4. Re-cross-examination by the opponent. (Rule indeed be cross-
132, Sec. 4) because -examined as any other
Q: What is direct examination?

A: The examination-in-chief of a witness by the party Q: Who can waive the right to conduct cross
presenting him or her on the facts relevant to the examination?
issue. A: The right is a personal one which may be waived
expressly or impliedly by conduct amounting to a
Q: What is cross-examination? renunciation of the right of cross-examination. Thus,
A: Cross examination is the questioning of a witness where a party has had the opportunity to cross-
at a trial or hearing by the party adverse to the party examine a witness but failed to avail himself/herself
calling the witness. of it, he/she necessarily forfeits the right to cross-
examine and the testimony given on direct
The witness may be cross-examined by the adverse examination of the witness will be received or allowed
party on any relevant matter, with sufficient fullness to remain in the record. (Fulgado v. CA, G.R. No. L-
and freedom to test his or her accuracy and 61570, 1990)
truthfulness and freedom from interest or bias, or the
reverse, and to elicit all important facts bearing upon Q: What happens when a witness dies before he
the issue. (Rule 132, Sec. 6) can be cross examined?
A: If the witness dies before his cross-examination is
Q: What are the different rules on cross completed, his testimony on the direct may be
examination? stricken out only with respect to the testimony not
1. AMERICAN RULE Cross-examination must covered by the cross-examination. The absence of
be confined to matters inquired about in the the witness is not enough to warrant striking out his
direct examination. testimony for failure to appear for further cross-
2. ENGLISH RULE A witness may be cross- examination where the witness has already been
examined not only upon matters testified by him sufficiently cross-examined, and the matter on which
on his direct examination but also on all matters the cross-examination is sought is not in controversy.
relevant to the issue. We follow the English (People v. Señeris, G.R. No. L-48883, 1980)
Rule.
Q: What happens when a witness is not cross-
Q: What is the scope of cross-examination? examined?
1. On any relevant matter, with sufficient fullness A: If the witness was not cross-examined because of
causes attributable to the cross-examining party and
truthfulness and freedom from interest or bias, the witness had always made himself available for
or the reverse cross examination, the direct testimony of witness
2. All important facts bearing upon the issue shall remain in the record and cannot be ordered
stricken off because the cross examiner is deemed
NOTE: The 2019 amendment of 132, Sec. 6 now to have waived the right to cross-examine witness.
expanded the coverage of cross- (De la Paz v. IAC, G.R. No. 71537, 1987)
provides that the scope of the cross-examination of Q: What is re-direct examination?

A: It is the further examination by a party of his/her
his/her direct exam own witness after cross-examination.
In People v. Ayson, G.R. No. 85215, 1989, the On re-direct examination, the witness may be re-
Supreme Court ruled that if an accused chooses to examined by the party calling him or her to explain or
testify, then he may be cross-examined as any other supplement his answers given during the cross-
examination. Questions on matters not dealt with Q: What is a misleading question?

during the cross-examination and on other matters A: It is a question which assumes as true a fact not
may be allowed by the court in its discretion. (Rule yet testified to by the witness, or contrary to that
132, Sec. 7) which he or she has previously stated. It is not
allowed. (Rule 132, Sec. 10)
Q: What is the scope of re-direct examination?
A: Matters dealt with during the cross-examination. Q: What is impeachment of a witness?
Other matters may be allowed by the court in its A: To impeach a witness means to call into question
discretion. the veracity of the witness or by showing that the
witness is unworthy of belief.
Q: What is re-cross examination?
A: It is the examination of a witness who has finished Destroying credibility is vital because it is linked with
his/her examination-in-chief, cross-examination, and
re-direct examination, by the counsel who cross- (Riano, 373)
examined, on matters stated in the re-direct
examination. However, other matters may be Q: How can an adverse witness be
allowed by the court in its discretion. (Rule 132, Sec. impeached?
8) 1. By contradictory evidence;
2. By evidence that his or her general reputation for
Q: What is the scope of re-cross examination? truth, honesty, or integrity is bad
A: Matters stated in the re-direct examination. Other 3. By evidence that he/she has made at other times
matters may be allowed by the court in its discretion. statements inconsistent with his/her present
testimony. (PRIOR INCONSISTENT
Q: What is the rule on recalling a witness? STATEMENTS) (Rule 132, Sec. 11)
A: After the examination of a witness by both sides
has been concluded, the witness cannot be recalled Q: Can an adverse witness be impeached
without leave of the court. The court will grant or by evidence of particular wrongful acts?
withhold leave in its discretion, as the interests of A: General Rule: The adverse witness
justice may require. (Rule 132, Sec. 9) cannot be impeached by evidence of particular
wrongful acts.
Q: What is a leading question?
A: It is a question which suggests to the witness the Exception: It may be shown by the examination of
answer which the examining party desires. It is not the witness or the record of the judgment that the
allowed, EXCEPT: adverse witness has been convicted of an
1. On cross-examination; offense. (Rule 132, Sec. 11)
2. On preliminary matters;
3. When there is difficulty in getting direct and Q: When can a witness be impeached by
intelligible answers from a witness who is evidence of conviction of a crime?
ignorant, or a child of tender years, or is of feeble A: Evidence that the witness has been convicted by
mind, or a deaf-mute; final judgment of a crime shall be admitted if (a) the
4. Of an unwilling or hostile witness; or crime was punishable by a penalty in excess of one
5. Of a witness who is an adverse party or an year; or (b) the crime involved moral turpitude,
officer, director, or managing agent of a public or regardless of the penalty.
private corporation or of a partnership or
association which is an adverse party. (Rule 132, However, evidence of a conviction is not admissible
Sec. 10) if the conviction has been the subject of an amnesty
or annulment of conviction. (Rule 132, Sec. 12)
Q: How do you test whether a question is leading
or misleading? Q: Can a party impeach his own witness?
A: The test is whether a question is leading or not is A: General Rule: A party producing a witness is not
the suggestiveness of its substance and not the form allowed to impeach his/her own credibility.
of the question. If the question suggests the answer Exceptions:
desired by putting words into the mouth of the 1. If the witness has become an unwilling or
witness, it is leading. hostile witness.
2. If the witness is:
a. an adverse party; or Exception: Failure to lay a proper foundation may be

b. an officer, director or managing waived by the failure of the adverse party to object on
agent of a public or private the alleged inconsistent statement.
corporation or of a partnership or
association which is an adverse Q: How is the done?
party (Rule 132, Sec. 13) 1. By relating to him or her such statements with the
3. If the witness is not voluntarily offered but is circumstances of the times and places and the
required by law to be presented by the persons present;
proponent, as in the case of subscribing 2. By asking him or her whether he made such
witnesses to a will (Fernandez v. Tantoco, statements, and if so;
G.R. No. 25489, 1926) 3. By allowing him or her to explain the statements.
4. If the statements be in writing, they must be
Q: When can a witness be considered as a hostile shown to the witness before any question is put
or unwilling witness? to him concerning them. (Rule 132, Sec. 14)
A: A witness will be considered hostile or unwilling:
1. If so declared by the court; Unless the witness is given the opportunity to explain
2. Upon adequate showing of his/her adverse the discrepancies, the impeachment is incomplete.
interest, unjustified reluctance to testify, or However, such defect can be waived if no objection
his/her having misled the party into calling is raised when the document involved is offered for
him/her to the witness stand. (Rule 132, Sec. 13, admission. (Regalado, Evidence, 852)
second par.)
Q: When does the down the
Q: What is a hostile witness? not apply?
A: A hostile witness is a witness who manifest so 1. If the prior inconsistent statement appears in a
much hostility or prejudice or prejudice under deposition of the adverse party, and not a mere
examination in chief that the party who has called witness, as such statements are in the nature of
him, or representative, is allowed to cross-examine admissions of said adverse party. (Regalado,
him. ary, Fifth Edition, p.376) Evidence, 852)
2. Where the previous statements of a witness are
Q: How can a party impeach his own witness? offered as evidence of an admission, and not
1. By evidence contradictory to the merely to impeach him. (Regalado, Evidence, 852
testimony; or citing Juan Ysmael & Co., Inc, v. Hashim, et. al.,
2. By evidence of prior inconsistent statements of G.R. No. L-26247)
the witness.
Q: What is the rule on good character of a
Note: The rule provides that the unwilling or hostile witness?
witness so declared or the witness who is an adverse A: Evidence of the good character of a witness is not
party may be impeached by the party presenting admissible until such character has been impeached.
him or her in all respects as if he or she had been (Rule 130, Sec. 54[c])
called by the adverse party, except by evidence of his
or her bad character. Q: Distinguish between impeachment through
contradictory evidence from impeachment
He or she may also be impeached and cross- through prior inconsistent statements.
examined by the adverse party, but such cross-
examination must only be on the subject matter of his CONTRADICTORY PRIOR INCONSISTENT
or her examination-in-chief. (Rule 132, Sec. 13) EVIDENCE STATEMENTS
Q: When can a witness be impeached by prior Contradictory Prior inconsistent

inconsistent statements? evidence refers to statements refer to
other testimony of statements, oral or
A: General Rule: A witness cannot be impeached by the same witness, or documentary, made by the
proof of inconsistent statements until the proper other evidence witness sought to be
foundation or predicate has been laid. presented by him in impeached on occasions
the same case. other than the trial in which

Q: May the witnesses be separated from each

CONTRADICTORY PRIOR INCONSISTENT other?
EVIDENCE STATEMENTS A: The court may cause witnesses to be kept
separate and to be prevented from conversing with
(Regalado, he is testifying. (Regalado, one another, directly or through intermediaries, until
Evidence, 851) Evidence, 851) all shall have been examined. (Rule 132, Sec. 15)
witnesses have given Q: When is a witness allowed to refer to a

conflicting testimonies, memorandum?
which are inconsistent A: A witness may be allowed to refresh his or her
with their present memory respecting a fact, by anything written or
testimony and which recorded by himself or herself, or under his or her
would accordingly cast a direction at the time when the fact occurred, or
doubt on their credibility. immediately thereafter, or at any time when the fact
(Villalon v. IAC, G.R. No. was fresh in his or her memory and he or she knew
73751, 1986) that the same was correctly written or recorded; but
in such the case the writing or record must be
produced and may be inspected by the adverse
Q: What is the scope of bad reputation of a
party, who may, if he or she chooses, cross-examine
witness that may be impeached?
the witness upon it, and may read it in evidence.
A: When a witness testifies, he puts his credibility at
issue because the weight of his testimony depends
A witness may also testify from such writing or
upon his credibility. One way to impair his credibility
record, although he or she retains no recollection of
is by showing bad reputation.
the particular facts, if he or she is able to swear that
the writing or record correctly stated the transaction
But not every aspect of a reputation may be
when made; but such evidence must be received with
the subject of impeachment. Evidence of bad
caution (Rule 132, Sec. 16)
reputation should only refer to the following specific
aspects:
1. For truth PRESENT
PAST RECOLLECTION
2. For honesty RECOLLECTION
RECORDED
3. For integrity REFRESHED
These are aspects of a reputation that are

relevant to his credibility. He cannot be impeached Stimulus attempts to
Where the witness cannot
for his reputation on any other grounds. (Riano, p. revive current
recall the incident but a
267) memory document
written record adopted by
need not be admitted
witness at the time is
Q: How are witnesses excluded? into evidence
A: The court, motu proprio or upon motion, shall because the
testimony the document is
order witnesses excluded so that they cannot hear testimony is the
the evidence itself
the testimony of other witnesses. evidence
Q: Who are witnesses which cannot be

excluded? Q: When does the rule on examination of a child
A party who is a natural person; witness apply?
A duly designated representative of a A: Unless otherwise provided, this Rule shall govern
juridical entity which is a party to the case; the examination of child witnesses who are victims
A person whose presence is essential to the of crime, accused of a crime, and witnesses to
presentation of the cause, or crime.
A person authorized by a statute to be It shall apply in all criminal proceedings and non-
present. criminal proceedings involving child witnesses.
(Sec. 1, A.M. 004-07 SC; the Rule on Examination of
a Child Witness)

Q: Who is a child witness? not have a direct interest in the case, including
A: child witness members of the press. The order shall be made if the
of giving testimony is below the age of eighteen (18) court determines on the record that to testify in open
years. court would cause psychological harm to him, hinder
the ascertainment of truth, or result in his inability to
Note: In child abuse cases, a child includes one over effectively communicate due to embarrassment, fear,
eighteen (18) years but is found by the court as or timidity.
unable to fully take care of himself or protect himself
from abuse, neglect, cruelty, exploitation, or The court may, motu proprio, exclude the public from
discrimination because of a physical or mental the courtroom if the evidence to be produced during
disability or condition. trial is of such character as to be offensive to decency
or public morals.
Q: Is there a presumption in favor of the
qualification of a child witness? The court may also, on motion of the accused,
A: Every child is presumed qualified to be a witness exclude the public from trial, except court personnel
(Sec. 6, Rule on Examination of a Child Witness). and the counsel of the parties. (Sec. 23 of the Rule
Thus the burden of proof lies on the party challenging on Examination of a Child Witness)
his competence.
The court may also order that persons attending the
Youth and immaturity are badges of truth and trial shall not enter or leave the courtroom during the
sincerity. (People v. Entrampas, G.R. No. 212161, testimony of the child (Sec. 24 of the Rule on
2017) Examination of a Child Witness)
Q: What may the court do if it finds doubt in the Q: What can the court do if the child does not
qualification of a child to be a witness? understand English or Filipino or is unable to
A: When the court finds that substantial doubt exists communicate in those languages?
regarding the ability of the child to perceive, A: When a child does not understand the English or
remember, communicate, distinguish truth from Filipino language or is unable to communicate in said
falsehood, or appreciate the duty to tell the truth to languages due to his developmental level, fear,
the court, the court shall conduct a competency shyness, disability, or other similar reason, an
examination of the child. The court may do so motu interpreter whom the child can understand and who
proprio or on motion of the party (Riano, citing Sec. 6 understands the child may be appointed by the court,
of the Rule on Examination of a Child Witness) motu proprio or upon motion, to interpret for the child.
Being another witness in the same case or a member
Q: How may a party seek a competency of the family of the child is not in itself a
examination from the court? disqualification. Such a person may be an interpreter
A: A party seeking a competency examination must if he is the only one who can serve as interpreter. If
present proof of necessity of competency the interpreter though is also a witness, he shall
examination. Proof of such necessity must be testify ahead of the child (Sec. 9 of the Rule on
grounded on reasons other than the age of the child Examination of a Child Witness)
because such age, in itself, is not a sufficient basis
for a competency examination. (Riano, citing Sec. Q: What can the court do if the child is unable to
6[a] of the Rule on Examination of a Child Witness) understand or respond to the questions asked?
A: If the court determines that the child is unable to
Q: How is the examination of a child witness understand or respond to questions asked, the court
conducted? may, motu proprio or upon motion, appoint a
A: The examination of a child witness presented in a facilitator. The facilitator may be a child psychologist,
hearing or any proceeding shall be done in open psychiatrist, social worker, guidance counselor,
court teacher, religious leader, parent, or relative. If the
court appoints a facilitator, questions to the child are
Unless the witness is incapacitated to speak, or the
posed only through the facilitator. (Sec. 10 of the
question calls for a different mode of answer, the
Rule on Examination of a Child Witness)
answers of the witness shall be given orally. (Sec. 8
of the Rule on Examination of a Child Witness) Q: Can another person accompany the child
while giving his/her testimony?
Q: Can the court order the exclusion of person
A: A child testifying at a judicial proceeding or making
from the courtroom?
a deposition shall have the right to be accompanied
A: When a child testifies, the court may order the
by one or two persons of his own choosing to provide
exclusion from the courtroom of all persons who do
him emotional support. Said support persons shall stating the reasons therefor. (Sec. 27 of the Rule on
remain within the view of the child during his Examination of a Child Witness)
testimony. One of the support persons may even
accompany the child to the witness stand and the Q: What is the rule on hearsay exception in child
court may also allow the support person to hold the abuse cases?
hands of the child or to take other appropriate steps A: A statement made by a child describing any act or
to provide emotional support to the child in the course attempted act of child abuse, not otherwise
of the proceedings but the court shall instruct the admissible under the hearsay rule, may be admitted
support person not to prompt, sway, or influence the in evidence in any criminal or non-criminal
child during his testimony. (Sec. 11(a) of the Rule on proceeding subject to the following rules:
Examination of a Child Witness) (a) Before such hearsay statement may be
The support person may be another witness but the admitted, its proponent shall make known to
court may disapprove the choice if it is sufficiently the adverse party the intention to offer such
established that the attendance of the support person statement and its particulars to provide him
would pose a substantial risk of influencing or a fair opportunity to object.
affecting the content of the testimony of the child. If
the support person is also a witness, he shall testify If the child is available, the court shall, upon
ahead of the child (Sec. 11(b) and (c) of the Rule on motion of the adverse party, require the child
Examination of a Child Witness) to be present at the presentation of the
hearsay statement for cross-examination by
Q: What is live-link TV testimony of a child the adverse party.
witness?
A: The prosecutor, counsel or the guardian ad litem When the child is unavailable, the fact of
may apply for an order that the testimony of the child such circumstance must be proved by the
be taken in a room outside the courtroom and be proponent and his hearsay testimony shall
televised to the courtroom by live-link television. The be admitted only if corroborated by other
application has to be made at least 5 days before trial admissible evidence.
date. (Sec. 25(a) of the Rule on Examination of a
Child Witness) (b) In ruling on the admissibility of such hearsay
statement, the court shall consider the time,
Q: Can the testimony of the child be content and circumstances thereof which
videotaped? provide sufficient indicia of reliability.
A: Yes. The prosecutor, counsel, or guardian ad litem Factors to be considered include:
may apply for an order that a deposition be taken of a. Whether there is a motive to lie
the testimony of the child and that it be recorded and b. The general character of the
preserved on videotape. declarant child
c. Whether more than one person
If the court finds that the child will not be able to testify
heard the statement
in open court at trial, it shall issue an order that the
deposition of the child be taken and preserved by d. Whether the statement was
videotape. The judge shall preside at the videotaped spontaneous
e. The timing of the statement and the
deposition of a child. Objections to deposition
relationship between the declarant
testimony or evidence, or parts thereof, and the
child and witness
grounds for the objection shall be stated and shall be
f. Cross-examination could not show
ruled upon at the time of the taking of the deposition.
the lack of knowledge of the
Q: Can the court admit the videotaped declarant child
deposition of the child in lieu of his testimony at g. The possibility of faulty recollection
trial? of the declarant child is remote
A: Yes. If, at the time of trial, the court finds that the h. The circumstances surrounding the
child is unable to testify for a reason stated in section statement are such that there is no
25(f) of this Rule, or is unavailable for any reason reason to suppose the declarant
described in section 4(c), Rule 23 of the 1997 Rules child misrepresented the
of Civil Procedure, the court may admit into evidence involvement of the accused
the videotaped deposition of the child in lieu of his (c) The child witness shall be considered
testimony at the trial. The court shall issue an order unavailable under the following situations:

a. Is deceased, suffers from physical for safekeeping unless the period is

infirmity, lack of memory, mental extended by the court on motion of a party.
illness, or will be exposed to severe (d) This protective order shall remain in full force
psychological injury; or and effect until further order of the court.
b. Is absent from the hearing and the (e) Each of the tape cassettes and transcripts
proponent of his statement has thereof made available to the parties, their
been unable to procure his counsel, and respective agents shall bear a
attendance by process or other cautionary notice stating the provisions of
reasonable means (Sec. 28 of the this section.
Rule on Examination of a Child
Witness) Whoever publishes or causes to be published in any
format the name, address, telephone number,
Q: What is the sexual abuse shield rule? school, or other identifying information of a child who
A: General Rule: The following evidence is not is or is alleged to be a victim or accused of a crime or
admissible in any criminal proceeding involving a witness thereof, or an immediate family of the child
alleged sexual child abuse: shall be liable to the contempt power of the court.
a. Evidence offered to prove that the alleged
Where a youthful offender has been charged before
victim engaged in other sexual behavior;
any city or provincial prosecutor or before any
and
municipal judge and the charges have been ordered
b. Evidence offered to prove the sexual
dropped, all the records of the case shall be
predisposition of the alleged victim
considered as privileged and may not be disclosed
directly or indirectly to anyone for any purpose
Exception: Evidence of specific instances of sexual
whatsoever. If he is charged and acquitted or the
behavior by the alleged victim to prove that a person,
case is dismissed, the records are also privileged.
other than the accused, was the source of the semen,
injury, or other physical evidence (This is admissible) The youthful offender concerned shall not be held
(Sec. 30 of the Rule on Examination of a Child under any provision of law to be guilty of perjury or of
Witness) concealment or misrepresentation by reason of his
failure to acknowledge the case or recite any fact
Q: What are the protections included in a related thereto in response to any inquiry made to
protective order? him for any purpose. (Sec. 31 of the Rule on
A: Any videotape or audiotape of a child that is part Examination of a Child Witness)
of the court record shall be under a protective order
that provides as follows: H. OFFER AND OBJECTION
(a) Tapes may be viewed only by parties, their Q: What is the rule on offer of evidence?
counsel, their expert witness, and the A: The court shall consider no evidence which has
guardian ad litem. None of these people may not been formally offered. The purpose for which the
divulge the tapes or any portion thereof to evidence is offered must be specified. (Rule 132,
any other person, except as necessary for Sec. 34)
the trial nor shall they be given, loaned, sold
or shown to any other person except by Q: What are the exceptions to the formal offer
order of the court rule?
(b) No person shall be granted access to the 1. The same must have been duly identified by
tape, its transcription or any part thereof testimony duly recorded, and
unless he signs a written affirmation that he 2. The same must have been incorporated in the
has received and read a copy of the records of the case. (People v Libnao, G.R. No.
protective order; that he submits to the 13860, 2003)
jurisdiction of the court with respect to the 3. Exhibits which were not formally offered by the
protective order; and that in case of violation
prosecution but were repeatedly referred to in the
thereof, he will be subject to the contempt
course of the trial by the counsel of the accused.
power of the court.
(People v. Vivencio De Roxas et al., G.R. No. L-
(c) Within thirty (30) days from receipt, all
16947, 1962)
copies of the tape and any transcripts
4. Evidence which has not been formally offered, but
thereof shall be returned to the clerk of court
1) has been duly identified by testimony duly
recorded, and 2) has been incorporated in the
records of the case. (Guyamin v. Flores, G.R. No. Q: What are the purposes of objections?
202189, April 25, 2017) 1. To keep out inadmissible evidence that would
Q: Why is offer of evidence necessary? evidence are not self-operating and hence, must
A: Formal offer is necessary because it is the duty of be invoked by way of an objection;
the judge to rest his findings of facts and his judgment 2. To protect the record, i.e. to present the issue of
only and strictly upon the evidence offered by the inadmissibility of the offered evidence in a way
parties at the trial. (Candido v. CA, G.R. No. 107493, that if the trial court rules erroneously, the error
1996) can be relied upon as a ground for a future
appeal;
Q: How is evidence offered? 3. To protect a witness from being embarrassed on
A: The purpose for which the evidence is offered the stand or from being harassed by the adverse
must be specified. (Rule 132, Sec. 34) counsel;
4.
Q: Why must the purpose of the evidence be consistently asking obviously leading questions;
specified? 5. To give the trial court an opportunity to correct its
A: Evidence submitted for one purpose may not be own errors and, at the same time, warn the court
considered for any other purpose. Such evidence that a ruling adverse to the objector may supply
may be admissible for several purposes under the
doctrine of multiple admissibility, or may be jurisdiction; and
admissible for one purpose and not for another; 6. To avoid a waiver of the inadmissibility of an
otherwise the adverse party cannot interpose the otherwise inadmissible evidence. (Riano,
proper objection. (Catuira v. CA, G.R. No. 105813, Evidence, 517-518)
1994) 7. To stop an answer to a question put to a witness
or to prevent the admission of a document in
NOTE: evidence until the court has had opportunity to
1. A party who has introduced evidence is NOT make a ruling upon its admissibility.
entitled as a matter of right to withdraw it on Q: When should an objection be made?
finding that it does not answer his purpose. A: Objection to offer of evidence must be made orally
(Maas v. Laursen, 219 Minn. 461, 18 N.W.2d immediately after the offer is made. (Rule 132, Sec.
233, 235 (1945)) 36)
2. A party has the option of not offering into
evidence the evidence identified at the trial and Objection to the testimony of a witness for lack of a
marked as an exhibit. The party may decide to formal offer must be made as soon as the witness
formally offer it if it believes this will advance its begins to testify. (Rule 132, Sec. 36)
cause, and then again it may decide not to do so
at all. (Interpacific Transit v. Aviles, G.R. No. Objection to a question propounded in the course of
86062, 1990) the oral examination of a witness must be made as
soon as the grounds therefor become reasonably
Q: When to make an offer? apparent. (Rule 132, Sec. 36)
TESTIMONIAL DOCUMENTARY AND In any case, the grounds for the objections must be
EVIDENCE OBJECT EVIDENCE specified.
Q: What are the rules on objections in relation to

The offer must be the type of evidence offered?
The offer shall be made
made at the time the
after the presentation of WHEN OFFERED WHEN IT MAY BE
witness is called to
OBJECTED TO
testify. (Rule 132, Sec.
evidence. (Rule 132, Object Evidence
35)
Sec. 35) When the same is Should be made either
presented for its view at the time it is
or evaluation, as in presented in an ocular
NOTE: The Rules of Court now mandate that all ocular inspection or inspection or
evidence be offered orally. (Rule 132, Sec. 35) demonstrations, or demonstration or when
when the party rests it is formally offered
his case (after the Q: What is the importance of offer and objection
presentation of a in relation to admissibility?
A: Any objection to the admissibility of evidence
evidence [Rule 132, should be made at the time such evidence is offered
Sec. 35]) and the real or as soon thereafter as the objection to its
evidence consists of admissibility becomes apparent, otherwise the
objects exhibited in objection will be considered waived and such
court. evidence will form part of the records of the case as
Testimonial Evidence competent and admissible evidence. (Chua v. CA,
As to the qualification G.R. No. 109840, 1999). At this point, the court has
of the witness should no power, on its own motion, to disregard the
be made at the time he evidence. (People v. Yatco, G.R. No. L-9181, 1955)
is called to the stand
and immediately after Q: What is the rule on repetition of objection?
the opposing party A: When it becomes reasonably apparent in the
offers his/her course of the examination of a witness that the
testimony. questions being propounded are of the same class
When witness is called as those to which objection has been made, whether
to the witness stand, If otherwise qualified - such objection was sustained or overruled, it shall not
before he/she testifies objection should be be necessary to repeat the objection, it being
raised when grounds sufficient for the adverse party to record his/her
therefor become continuing objection to such class of question. (Rule
reasonably apparent or 132, Sec. 37)
after the answer is
given if the Q: When must the ruling of the court be given?
objectionable features A: General Rule: The ruling of the court must be
became apparent by given immediately after the objection is made.
reason of such answer.
Documentary Evidence Exception: Unless the court desires to take a
Formally offered by the reasonable time to inform itself on the question
proponent after the presented.
At the time it is formally
presentation of his/her
offered. (Francisco, However, notwithstanding the exception, the ruling
last witness and before
supra) shall always be made:
he rests his case.
(Francisco, supra) 1. During the trial; and
2. At such time as will give the party against whom
NOTES: it is made an opportunity to meet the situation
1. An objection to evidence cannot be made in presented by the ruling. (Rule 132, Sec. 38)
advance of the offer of the evidence sought to be
introduced. Q: When must the reason for a ruling be stated?
2. Objection to evidence cannot be raised for the A: General rule: The reason for sustaining or
first time on appeal. (People v. Jimmy Gabuya y overruling an objection need not be stated.
Adlawan, G.R. No. 195245, February 16, 2015)
Exception: If the objection is based on two or more
Q: Is the right to object waivable? grounds, a ruling sustaining the objection on one or
A: Yes. The right to object is a mere privilege which some of them must specify the ground or grounds
the parties may waive. And if the ground for relied upon. (Rule 132, Sec. 38)
objection is known and not seasonably made, the
objection is deemed waived and the court has no Q: How are rulings of the trial court on procedural
power, on its own motion, to disregard the evidence. questions and on admissibility of evidence
(People v. Yatco, G.R. No. L-9181, 1955) challenged?
A: The rulings of the trial court on procedural
questions and on admissibility of evidence during the
course of a trial are interlocutory in nature and may
not be the subject of separate appeals or review on
certiorari. These are to be assigned as errors and 2. If the evidence excluded is oral the offeror
reviewed in the appeal taken from the trial court on may state for the record the name and other
the merits of the case. (Gatdula v. People, G.R. No. personal circumstances of the witness and the
140688, Jan. 26, 2001) substance of the proposed testimony. (Rule 132,
Sec. 40)
Q: What is the rule on striking out an answer?
A: An objection to questions propounded in the I. JUDICIAL AFFIDAVIT RULE
course of oral examination must be interposed as
soon as the ground(s) become evident. Failure to Q: What is the scope of the judicial affidavit rule?
interpose a timely objection may be taken as a waiver A: The Judicial Affidavit Rule shall apply to all
of the right to object and the answer will be admitted. actions, proceedings, and incidents requiring the
reception of evidence before:
Q: In what instances may the court strike out an 1. The Metropolitan Trial Courts, the Municipal
answer? Trial Courts in Cities, the Municipal Trial
A: A motion to strike out an answer is available as a Courts, the Municipal Circuit Trial Courts,
remedy where: and the Shari' a Circuit Courts but shall not
apply to small claims cases under A.M. 08-
1. Where the witness answers a question before 8-7-SC;
the adverse party had the opportunity to voice 2. The Regional Trial Courts and the Shari'a
fully its objection to the same District Courts;
2. Where a question is not objectionable, but the 3. The Sandiganbayan, the Court of Tax
answer is not responsive Appeals, the Court of Appeals, and the
3. Where the witness testifies without a question Shari'a Appellate Courts;
being posed 4. The investigating officers and bodies
4. Where the witness testifies beyond limits set by authorized by the Supreme Court to receive
the court evidence, including the Integrated Bar of the
5. Where the witness does a narration instead of Philippine (IBP); and
answering the question 5. The special courts and quasi-judicial bodies,
6. Where the answer is incompetent, irrelevant or whose rules of procedure are subject to
otherwise improper disapproval of the Supreme Court, insofar
(Rule 132, Sec. 39) as their existing rules of procedure
contravene the provisions of this Rule. (JAR,
Q: What is tender of excluded evidence? Sec. 1(a))
A: Where the court refuses to permit the counsel to
present evidence which he thinks is competent, Q: What are the requirements regarding the
material and necessary to prove his case, the method preparation and submission, and what is the
to properly preserve the record to the end that the function, of judicial affidavits?
question may be saved for the purpose of review A: (a) The parties shall file with the court and serve
during appeal, is through the making of an offer of on the adverse party, personally or by licensed
proof. (Jose Catacutan v. People, G.R. No. 175991, courier service, not later than five days before pre-
August 31, 2011) trial or preliminary conference or the scheduled
hearing with respect to motions and incidents, the
Q: What are the purposes of the rule on tender of following:
excluded evidence?
1. To inform the court what is expected to be (1) The judicial affidavits of their witnesses, which
proved. shall take the place of such witnesses' direct
2. So that a higher court may determine from the testimonies; and
record whether the proposed evidence is
competent. (2) The parties' documentary or object evidence, if
any, which shall be attached to the judicial affidavits
Q: What is the rule on Tender of Excluded and marked as Exhibits A, B, C, and so on in the case
Evidence? of the complainant or the plaintiff, and as Exhibits 1,
1. If the excluded evidence is documentary or 2, 3, and so on in the case of the respondent or the
object - the offeror may have the same attached defendant.
to or made part of the record. (Rule 132, Sec. 40)
(b) Should a party or a witness desire to keep the is authorized by law to administer the same.
original document or object evidence in his (JAR, Sec. 3)
possession-- he may, after the same has been (g) A sworn attestation at the end, executed by
identified, marked as exhibit, and authenticated, the lawyer who conducted or supervised the
warrant in his judicial affidavit that the copy or examination of the witness, to the effect that:
reproduction attached to such affidavit is a faithful
(1) He faithfully recorded or caused to
copy or reproduction of that original. In addition, the
party or witness shall bring the original document or be recorded the questions he asked
object evidence for comparison during the and the corresponding answers that
preliminary conference with the attached copy, the witness gave; and
reproduction, or pictures, failing which the latter shall (2) Neither he nor any other person
not be admitted. then present or assisting him
coached the witness regarding the
This is without prejudice to the introduction of latter's answers. (JAR, Sec. 4(a))
secondary evidence in place of the original when
allowed by existing rules. (JAR, Sec. 2) The questions to be asked of the witness in the
preparation of the judicial affidavit will determine
The judicial affidavit shall take the place of the direct whether he/she has personal knowledge of the facts
testimonies of witnesses. The rule, therefore, upon which he/she testifies. The matters testified to
modifies the existing practice in the conduct of a trial should also be on matters relevant to the issues of
and reception of evidence by doing away with the the case. (Riano, Evidence, 272)
usual oral examination of a witness in a direct
examination. (Riano, p. 296) Q: What is the rule for offer and objection in a
judicial affidavit?
Q: What must the judicial affidavit contain? A: The party presenting the judicial affidavit of his
A: A judicial affidavit shall be prepared in the witness in place of direct testimony shall state the
language known to the witness and, if not in English purpose of such testimony at the start of the
or Filipino, accompanied by a translation in English presentation of the witness. The adverse party may
or Filipino, and shall contain the following: move to disqualify the witness or to strike out his
(a) The name, age, residence or business affidavit or any of the answers found in it on the
address, and occupation of the witness; ground of inadmissibility. The court shall promptly
(b) The name and address of the lawyer who rule on the motion and, if granted, shall cause the
conducts or supervises the examination of marking of any excluded answer by placing it in
the witness and the place where the brackets under the initials of an authorized court
examination is being held; personnel, without prejudice to a tender of excluded
(c) A statement that the witness is answering evidence under Section 40 of Rule 132 of the Rules
the questions asked of him, fully conscious of Court. (JAR, Sec. 6)
that he does so under oath, and that he may
face criminal liability for false testimony or Q: What is the rule on oral offer of and objection
perjury; to exhibits?
(d) Questions asked of the witness and his A: (a) Upon the termination of the testimony of his
corresponding answers, consecutively last witness, a party shall immediately make an oral
numbered, that: offer of evidence of his documentary or object
(1) Show the circumstances under exhibits, piece by piece, in their chronological order,
which the witness acquired the stating the purpose or purposes for which he offers
facts upon which he testifies; the particular exhibit.
(2) Elicit from him those facts which are
relevant to the issues that the case (b) After each piece of exhibit is offered, the adverse
party shall state the legal ground for his objection, if
presents; and
any, to its admission, and the court shall immediately
(3) Identify the attached documentary
make its ruling respecting that exhibit.
and object evidence and establish
their authenticity in accordance with
(c) Since the documentary or object exhibits form part
the Rules of Court;
of the judicial affidavits that describe and
(e) The signature of the witness over his printed authenticate them, it is sufficient that such exhibits
name; and are simply cited by their markings during the offers,
(f) A jurat with the signature of the notary public
who administers the oath or an officer who
the objections, and the rulings, dispensing with the 5. The court shall not admit as evidence judicial
description of each exhibit. (JAR, Sec. 8) affidavits that do not conform to the content
requirements of Section 3 and the attestation
Q: When does the judicial affidavit rule apply in requirement of Section 4.
criminal cases? The court may, however, allow only once
A: This rule shall apply to all criminal actions: the subsequent submission of the
1. Where the maximum of the imposable penalty compliant replacement affidavits before
does not exceed six years; the hearing or trial provided the delay is for
2. Where the accused agrees to the use of judicial a valid reason and would not unduly
affidavits, irrespective of the penalty involved; or prejudice the opposing party and provided
3. With respect to the civil aspect of the actions, further, that public or private counsel
whatever the penalties involved are. (JAR, Sec. responsible for their preparation and
9(a)) submission pays a fine of not less than
P1,000.00 nor more than P5,000.00, at the
Q: What is the effect of non-compliance with the discretion of the court. (JAR, Sec. 10)
judicial affidavit rule?
1. A false attestation shall subject the lawyer J. WEIGHT AND SUFFICIENCY OF
mentioned to disciplinary action, including EVIDENCE
disbarment. (JAR, Sec. 4(b))
Q: What is the degree of proof required?
2. If the government employee or official, or the A:
requested witness, who is neither the witness of 1. In Civil Cases - preponderance of evidence is
the adverse party nor a hostile witness, required. (Rule 133, Sec. 1)
unjustifiably declines to execute a judicial 2. In Criminal Cases -
affidavit or refuses without just cause to make a) To sustain conviction Evidence of guilt
the relevant books, documents, or other things beyond reasonable doubt. (Rule 133, Sec.
under his control available for copying, 2)
authentication, and eventual production in court, b) Preliminary investigation probable cause -
the requesting party may avail himself of the engenders a well-founded belief of the fact of
issuance of a subpoena ad testificandum or the commission of a crime.
duces tecum under Rule 21 of the Rules of c) Issuance of warrant of arrest Probable cause
Court. The rules governing the issuance of a (i.e., that there is reasonable ground to believe
subpoena to the witness in this case shall be the that a criminal offense has been committed
same as when taking his deposition except that and that the accused committed the offense).
the taking of a judicial affidavit shall be 3. In Administrative Cases Substantial evidence.
understood to be ex parte. (JAR, Sec. 5) (Rule 133, Sec. 6)
3. A party who fails to submit the required judicial Q: What is the Hierarchy of Evidence?
affidavits and exhibits on time shall be deemed 1. Proof beyond reasonable doubt
to have waived their submission. 2. Clear and convincing evidence
The court may, however, allow only once 3. Preponderance of evidence
the late submission of the same provided, 4. Substantial evidence
the delay is for a valid reason, would not
unduly prejudice the opposing party, and Q: What is Proof Beyond Reasonable Doubt?
the defaulting party pays a fine of not less A: Proof beyond reasonable doubt does not mean
than P1,000.00 nor more than P5,000.00 such a degree of proof as excluding the possibility of
at the discretion of the court. error, produces absolute certainty.
4. The court shall not consider the affidavit of any Moral certainty only is required, or that degree of
witness who fails to appear at the scheduled proof which produces conviction in an unprejudiced
hearing of the case as required. Counsel who mind. (Rule 133, Sec. 2)
fails to appear without valid cause despite
notice shall be deemed to have waived his Q: What is Clear and Convincing Evidence?
client's right to confront by cross-examination A: Evidence is clear and convincing if it produces in
the witnesses there present. the mind of the trier of fact a firm belief or conviction
as to allegations sought to be established. Q: How can these different rules on quantum of

Law Dictionary, 5th ed., 596) evidence be summarized?
QUANTUM OF
FOR WHICH CASES
This is a greater burden than preponderance of EVIDENCE
evidence, the standard applied in most civil trials, but Proof Beyond
less than evidence beyond a reasonable doubt, the Reasonable Doubt Criminal cases
th
norm for criminal trials. (Rule 133, Sec. 2)
ed., 596) Clear and Convincing
Evidence Extradition cases;
The rule is that charges of misconduct against judges Charges filed against
should be proven by clear and convincing evidence, G.R. No. 153675, judges and justices
otherwise they should be dismissed. (Pesole v. 2007)
Rodriguez, A.M. No. 755-MJ, 1978) Preponderance of
Evidence Civil cases
Q: What is Preponderance of Evidence? (Rule 133, Sec. 1)
A: It does not mean absolute truth; rather, it means Administrative Cases,
that the testimony of one side is more believable than Substantial Evidence
Quasi-Judicial Bodies,
that of the other side, and that the probability of truth (Rule 133, Sec. 5)
Writ of Amparo
is on one side than on the other. (Rivera v. Court of
Appeals, G.R. No. 115625, 1998)
K. RULES ON ELECTRONIC
Q: What is Substantial Evidence?
EVIDENCE
A: In cases filed before administrative and quasi-
Q: How should the Rules on Electronic Evidence
judicial bodies, a fact may be deemed established if
be construed?
it is supported by substantial evidence.
A: Rules on Electronic Evidence shall be liberally
construed to assist the parties in obtaining a just,
Substantial evidence is that amount of relevant
expeditious, and inexpensive determination of cases.
evidence which a reasonable mind might accept as
(A.M. No. 01-7-01-SC, Rule 2, Sec. 2)
adequate to justify a conclusion. (Rule 133, Sec. 6)
Q: To what type of proceedings and actions do
Q: When can circumstantial evidence be used to
the Rules on Electronic Evidence apply?
convict an accused?
A: These Rules shall apply to all criminal and civil
A: Circumstantial evidence is competent to establish
actions and proceedings, as well as quasi-judicial
guilt as long as it is sufficient to establish beyond a
and administrative cases. (REE, Rule 1, Sec. 2, as
reasonable doubt that the accused, and not someone
amended; see also People v. Enojas, G.R. No.
else, was responsible for the killing.
204894, 2014)
For circumstantial evidence to suffice to convict an
accused, the following requisites must concur:
Q: What is an electronic document?
A: It is information or the representation of
1. there is more than one circumstance;
information, data, figures, symbols, or other modes
2. the facts from which the inferences are
of written expression, described or however
derived are proven; and;
represented, by which a right is established or an
3. the combination of all the circumstances is
obligation extinguished, or by which a fact may be
such as to produce a conviction beyond
proved and affirmed, which is received, recorded,
reasonable doubt. In this case, these requisites
transmitted, stored, processed, retrieved or produced
for circumstantial evidence to sustain a
electronically. (REE, Rule 2, Sec. 1[h], first sentence)
conviction are present. (People v. Oandasan,
Jr., G.R. No. 194605, 2016; see Rule 133,
Sec.4)
signed document any print-out or output, readable by
sight or other means, which accurately reflects the
electronic data message or electronic document.
(REE, Rule 2, Sec. 1[h], second sentence)

Q: What is an electronic data message? 3. Whether the electronic document was recorded
A: It is information generated, sent, received or or stored in the usual and ordinary course of
stored by electronic, optical, or similar means. (REE, business by a person who is not a party to the
Rule 2, Sec. 1[g]) proceedings and who did not act under the
control of the party using it. (REE, Rule 7, Sec. 2)
REE, Rule 2, Sec 1[h]. relation to electronic evidence?

third sentence) A: The REE provides that electronic evidence is
deemed to be the functional equivalent of paper
Q: What factors may be considered in assessing based documents. As such, whenever a rule of
the evidentiary weight of an electronic evidence refers to the term writing, document, record,
document? instrument, memorandum or any other form of
1. The reliability of the manner or method in which writing, such term shall be deemed to include an
it was generated, stored or communicated, electronic document as defined in these Rules. (REE,
including but not limited to input and output Rule 3, Sec. 1)
procedures, controls, tests and checks for
accuracy and reliability of the electronic data Further, the confidential character of a privileged
message or document, in the light of all the communication is not lost solely on the ground that it
circumstances as well as any relevant is in the form of an electronic document. (REE, Rule
agreement; 3, Sec. 3)
2. The reliability of the manner in which its originator
was identified; Q: When is an electronic document admissible?
3. The integrity of the information and A: An electronic document is admissible in evidence
communication system in which it is recorded or if:
stored, including but not limited to the hardware 1. It complies with the rules on admissibility
and computer programs or software used as well prescribed by the Rules of Court and related laws;
as programming errors; and
4. The familiarity of the witness or the person who 2. It is authenticated in the manner prescribed by
made the entry with the communication and these Rules. (REE, Rule 3, Sec. 2)
information system;
5. The nature and quality of the information which
went into the communication and information
system upon which the electronic data message
or electronic document was based; or
6. Other factors which the court may consider as
affecting the accuracy or integrity of the
electronic document or electronic data message.
(REE, Rule 7, Sec. 1)
Q: What factors may be considered if there is a

dispute involving the integrity of the information
and communication system in which an
electronic document or electronic data message
is recorded or stored?
1. Whether the information and communication
system or other similar device was operated in a
manner that did not affect the integrity of the
electronic document, and there are no other
reasonable grounds to doubt the integrity of the
information and communication system;
2. Whether the electronic document was recorded
or stored by a party to the proceedings with
interest adverse to that of the party using it; or


An interlocutory order is NOT appealable until after a

PART 2: APPELLATE PRACTICE,
judgment on the merits has been rendered. (Rule 41,
PROCEDURE IN THE COURT OF Sec. 1)
APPEALS, COURT OF TAX APPEALS,
AND THE SUPREME COURT C. MATTERS NOT APPEALABLE;
AVAILABLE REMEDIES
I. APPEALS; GENERAL PRINCIPLES
Q: What are matters that are not appealable?
1. An order denying a petition for relief or any
A. NATURE OF THE RIGHT TO similar motion seeking relief from judgment;
APPEAL 2. An interlocutory order;
3. An order disallowing or dismissing an
a. Appeals in Civil Cases appeal;
4. An order denying a motion to set aside a
Q: When can an appeal be made in civil cases? judgment by consent, confession or
A: The first appeal is a matter of right. Appeals from compromise on the ground of fraud, mistake
decisions of the MTC (Rule 40) or RTC (Rule 41) or duress, or any other ground vitiating
rendered in the exercise of original jurisdiction should consent;
be granted as a matter of right if filed within the 5. An order of execution;
reglementary period. (Rule 45, Sec. 6) 6. A judgment or final order for or against one
or more of several parties or in separate
Exception: In civil cases, the first appeal is not a claims, counterclaims, cross-claims, and
matter of right if filed with the SC. (Rule 45, Sec. 6) third party complaints, while the main case
is ending, unless the court allows an appeal
b. Appeals in Criminal Cases therefrom; and
7. An order dismissing an action without
Q: When can an appeal be made in criminal prejudice. (Rule 41, Sec. 1)
cases?
A: Where the RTC imposes the death penalty, CA Q: What are the remedies for matters that are
automatically reviews the judgment (Rule 122, Sec. not appealable?
3[d]). If CA finds that the death penalty shall be A: The aggrieved party may file the appropriate
imposed, it shall not render judgment but certify and special civil action under Rule 65. (Rule 41, Sec. 1)
elevate the case to the SC for review. (Rule 124, Sec.
13[a]) D. DOCTRINE OF
FINALITY/IMMUTABILITY OF
c. Remedy when motion is denied, JUDGMENT; EXCEPTIONS
fresh 15-day period
Q: What is the Doctrine of Immutability of
Q: What is the rule on a fresh 15-day period for Judgments (Final Judgment Rule)?
appeals? A: A judgment that has acquired finality becomes
immutable and unalterable and may no longer be
A: A party shall have a FRESH PERIOD of 15 days modified in any respect even if the modification is
to file a notice of appeal to the RTC from receipt of meant to correct erroneous conclusions of fact or law
the order denying a motion for new trial or motion for and whether it will be made by the court that rendered
reconsideration. The fresh period refers to the period it or by the highest court of the land.
within which to appeal from the judgment itself.
This rule shall apply to Rules 40, 41, 42, 43 and 45 Q: What are the exceptions to the Doctrine of
(Neypes vs. CA, G.R. No. 141524, 2005) and in Immutability of Judgments (Final Judgment
criminal cases under Section 6 of Rule 122 of the Rule)?
Revised Rules of Criminal Procedure. (Yu vs. Tatad, 1. Correction of clerical errors;
G.R. No. 170979, 2011) 2. Nunc pro tunc entries that cause no
prejudice to any party;
B. JUDGMENTS AND FINAL ORDERS 3. Void judgments; and
SUBJECT TO APPEAL 4. Whenever circumstances transpire after the
finality of the decision rendering its
Q: When can an appeal be made? When can an execution unjust and unequitable. (Apo
appeal not be made? Fruits and Hijo Plantation vs. CA, GR No.
A: An appeal may be taken only from judgments or 164195, 2009)
final orders that completely dispose of the case.

II. POST-JUDGMENT REMEDIES OTHER Q: What is the difference between a petition for
new trial or reconsideration and a petition for
THAN APPEAL
relief?
NEW TRIAL OR PETITION FOR
A. PETITION FOR RELIEF FROM
RECONSIDERATION RELIEF (RULE 38)
JUDGMENT (RULE 38)
(RULE 37)
a. Grounds for availing of the remedy Available before Available after
judgment becomes final judgment becomes final
Q: What are the ground to avail of a petition for
relief from judgment? and executory. and executory.
A: Petition for Relief may be filed based on the
Applies to judgments Applies to judgments,
following grounds:
1. When a judgment or final order is entered or final orders only. final orders and other
into, or any other proceeding is thereafter proceedings.
taken against the petitioner in any court through Grounds: Grounds:
fraud, accident, mistake or inexcusable FAME; and FAME
negligence; or Newly discovered
2. When the petitioner has been prevented from evidence.
taking an appeal by fraud, accident, mistake or
inexcusable negligence. Filed within the time to Filed within 60 days
appeal. from knowledge of the
Q: Who may file a petition for relief from judgment and within 6
judgment? months from entry of
A: Petition for Relief from judgment is a remedy judgment.
available ONLY to those PARTIES in the case.This
relief is only allowed in exceptional cases when there If denied, the order of If denied, the order of
is NO OTHER AVAILABLE ADEQUATE REMEDY. denial is not denial is not
Thus, when a party has other available remedies and appealable. The appealable. The
he/she was not prevented by fraud, accident, remedy is to appeal remedy is a special civil
mistake or excusable negligence from filing such from the judgment. action under Rule 65.
motion or taking such appeal, such party CANNOT
Legal remedy Equitable remedy
avail of this remedy.
Motion need not be Petition must be
Q: Where can a petition for relief from judgment verified. verified.
be filed?
A: It shall be filed in such court and in the same case
Q: What are the modes of attacking final and
from which the petition arose. (Redena v. CA, G.R.
executory judgments?
No. 146611, 2007)
MODE GROUND
Q: What is the relief sought by a petition for relief
from judgment? Petition for When the judgment has been
It shall pray that the judgment, order or proceedings Relief under taken against the party through
be set aside OR that the appeal be given due course. Rule 38 FAME
Action for Extrinsic fraud, lack of

annulment of jurisdiction, denial of due
judgment process
under Rule 47
Direct action, Certiorari when there is grave

as certiorari, abuse of discretion amounting
OR collateral to lack or excess of jurisdiction.
attack under A challenged judgment, void
Rule 65 upon its face, can be the subject
of a collateral attack.

(Feria and Noche, Civil Procedure Annotated, Vol. 2, Q: What happens after the answer is filed?
2013 Ed., p. 109) A: After the filing of the answer or the expiration of
the period to file the answer, the court shall hear the
b. Time to file petition petition. Thereafter, the court may either:
(1) Dismiss the petition if it finds that the
Q: When should a petition for relief from allegations thereof are not true; or
judgment be filed? (2) Set aside the judgment or final order or
A: The petition shall be filed within sixty (60) days other proceeding if it finds the allegations to be
after the petitioner learns of the judgment, final order true. The case shall then stand as if such
or proceeding, and NOT more than six (6) months judgment, final order or other proceeding had
after such judgment or final order was entered, or never been rendered, issued, or taken. The
such proceeding was taken. (Rule 38, Sec. 3) court shall hear and determine the case as if a
timely motion for a new trial or reconsideration
Both periods are NOT extendible and never had been granted by it. (Rule 38, Sec. 6)
interrupted. These two periods must CONCUR.
(Quelnan v. VHF Philippines, G.R. No. 138500, Q: What are the instances when trial on the
2005) merits is NOT necessary?
1. The allowance of an appeal after the expiration of
Petition for relief from a judgment based on a the reglementary period.
compromise must be filed not later than 6 months 2. The staying of immediate execution despite
from the date it was rendered (not date of entry), failure to pay or deposit the rents due to FAME.
since such judgment becomes final and executory
immediately. (Republic v. Estenzo, G.R. No. L- Q: What is the procedure where the denial of an
24656, 1968)
appeal is set side?
A: The lower court shall be required to give due
c. Contents of petition
course to the appeal and to elevate the record of the
Q: What are the contents of a petition for relief appealed case as if a timely and proper appeal had
from judgment? been made. (Rule 38, Sec. 7)
a. The petition must be verified;
b. It must be accompanied with affidavits showing B. ANNULMENTS OF JUDGMENT BY
the grounds relied upon; and THE COURT OF APPEALS (RULE
c. The facts good and 47)
substantial cause of action or defense
(AFFIDAVIT OF MERIT). Q: What are the grounds for annulment of
judgment by the Court of Appeals?
Q: When shall the court issue an order to file an
1. Extrinsic fraud (Rule 47, Section 2) when
there is a fraudulent act committed by a
answer to a petition for relief from judgment?
A: If the petition is sufficient in form and substance, prevailing party outside of the trial of the case,
where the defeated party was prevented from
to justify relief, the court in which it is filed, shall issue
presenting fully his/her side of the case by
an order requiring the adverse parties to answer the
deception practiced on him/her by the prevailing
same within fifteen (15) days thereof. The court
party.
should NOT issue summons. (Rule 38, Sec. 4)
2. Lack of jurisdiction (Rule 47, Sec. 2)
Q: When can a preliminary injunction and bond absolute lack of jurisdiction over the person of
be filed? the defending party OR over the subject matter
A: A person who files a petition under Rule 38 may of the claim.
file a preliminary injunction to preserve the rights of 3. Denial of due process, as recognized by
the parties upon filing of a bond. The bond is jurisprudence. Where there is an
conditioned upon the payment to the adverse party unconstitutional deprivation of property without
of all damages and costs that may be awarded to due process, or a party has not had his day in
such adverse party by reason of the issuance of the court (Intestate Estate of the Late Nimfa Sian v.
preliminary injunction. Such injunction shall not Philippine National Bank, G.R. No. 168882,
discharge any lien which the adverse party may have 2007; Sps. Benatiro vs. Heirs of Cuyos, G.R.
acquired upon the property of the petitioner. (Rule 38, No. 161220, 2008)
Sec. 5)
Q: What are the specific rules on the grounds? D. RULE 65 AS A REMEDY FROM
A: If ground is extrinsic fraud availability of JUDGMENT
MR/MNT/Petition for relief will be a bar to Rule 47
Q: When a Rule 65 Petition is available?
If ground is lack of jurisdiction availability of an A: A special civil action for certiorari under Rule 65
MR/MNT/Petition for relief will not be a bar to a Rule lies only when there is no appeal or any plain, speedy
47 and adequate remedy in the ordinary course of law.
Thus, certiorari cannot be allowed when a party to a
Q: Where is the annulment of judgment filed? case fails to appeal a judgment despite the
A: CA over decisions of the RTC; or availability of that remedy. Certiorari is not a
RTC over decisions of the MTC substitute for a lost appeal. (Indoyon vs. CA, G.R.
No. 193706, 2013) (N.B.: In this case, the Petition for
C. COLLATERAL ATTACK ON Certiorari under Rule 65 was filed 35 days after
JUDGMENTS, WHEN PROPER notice of resolution, by which time petitioner had
therefore lost his appeal under Rule 45.)
Q: What is collateral attack on judgments?
A: A collateral attack upon a judgment has been The remedies of appeal and certiorari are mutually
defined to mean any proceeding in which the integrity exclusive and not alternative or successive.
of a judgment is challenged, except those made in Although it is true that the SC may treat a petition for
the action wherein the judgment is rendered or by
certiorari (under Rule 65) as having been filed under
appeal, and except suits brought to obtain decrees
declaring judgments to be void ab initio. (15 R.C.L., Rule 45 to serve the higher interest of justice, it
838); (Alviar vs. Carlos, G.R. No. L-45291, 1937) cannot be availed of when the petition is filed well
beyond the reglementary period for filing a petition for
Q: What is the difference between a direct attack review (under Rule 45) and without offering any
and a collateral attack? reason therefor. (Banco Filipino v. CA, G.R. No.
A: A DIRECT ATTACK against a judgment is made 132703, 2000; Sandoval v. Calipan G.R. No. 200727,
through an action or proceeding the main object of 2013)
which is to annul set aside, or enjoin the enforcement
of such judgment, if not yet carried into effect; or, if
the property has been disposed of, the aggrieved
party may sue for recovery.
A COLLATERAL ATTACK is made when, in another

action to obtain a different relief, an attack on the
judgment is made as an incident in said action. This
is proper only when the judgment, on its face, is null
and void, as where it is patent that the court which
rendered said judgment has no jurisdiction. (Co vs.
CA, G.R. No. 93687, 1991)

III. APPEALS IN CIVIL PROCEDURE:

MODES OF APPEAL FROM JUDGMENTS MODE OF APPEAL
OR FINAL ORDERS OF VARIOUS and
COURTS/TRIBUNALS ISSUES TO BE RAISED
QUESTIONS OF FACT, OR LAW, OR BOTH

Q: What issues may be raised on appeal?
A: The issues that may be raised on appeal depend
1) Rule 40 - Appeal from MTC to RTC
on the kind of appeal filed.
Notice of Appeal filed with the MTC and
a. Questions of FACT exists when the doubt
payment of fees
or difference arises as to the truth or the
falsehood of alleged facts; or when the query
necessarily invites calibration of the whole
2) Rule 41 - Appeal from RTC (exercising
original jurisdiction) to CA
evidence considering mainly the credibility
of witnesses, existence and relevancy of Notice of Appeal filed with the RTC and
specific surrounding circumstances, their payment of fees
relation to each other and to the whole and
the probabilities of the situation (Sesbreno 3) Rule 42 - Appeal from RTC (exercising
vs. CA, G.R. No. 84096, 1995); (Cirtek appellate jurisdiction) to CA
Employees Labor Union vs. Cirtek Petition for Review filed with RTC with
Electronics, Inc., G.R. No. 190515, 2011) payment of fees
b. Questions of LAW exists when the doubt
or difference arises as to what the law is on 4) Rule 43 - Appeal from QJA to CA
certain state of facts (Sesbreno vs. CA, G.R. Petition for Review filed with CA with
No. 84096, 1995); (Cirtek Employees Labor payment of fees
Union vs. Cirtek Electronics, Inc., G.R. No.
190515, 2011) It also pertains to the legal Generally, QUESTION OF LAW only
consequences or effects of the law on a
given set of facts. Rule 45 - Appeal from CA, CTA en banc,
c. MIXED Questions of Fact and Law Sandiganbayan, and RTC, on pure questions
of law
Petition for Review on Certiorari filed
with the SC with payment of fees
General Rule: Pure questions of law
Exceptions based on SC Circulars:

(a) Writ of Amparo
(b) Writ of Habeas Data
(c) Writ of Kalikasan
(d) Writ of Habeas Corpus
(e) Criminal cases by notice of appeal (Death,
Life, Reclusion Perpetua)
Exceptions based on Jurisprudence:

(a) When the factual findings of the Court of
Appeals and the trial court are contradictory;
(2) when the conclusion is a finding grounded
entirely on speculation, surmises, or
conjectures;
(b) When the conclusion is a finding grounded
entirely on speculation, surmises, or
conjectures;

(c) When the inference made by the Court of

Appeals from its findings of fact is manifestly NOTICE OF APPEAL RECORD ON
mistaken, absurd, or impossible; APPEAL
(d) When there is a grave abuse of discretion in
the appreciation of facts; An appeal by notice of The record on appeal
(e) When the Appellate Court, in making its appeal is a mode that enables the trial court
findings, went beyond the issues of the case envisions the elevation to CONTINUE with the
and such findings are contrary to the of the original records to rest of the case
admissions of both appellant and appellee; the appellate court as to because the original
(f) When the judgment of the Court of Appeals is thereby OBSTRUCT the records remain with the
premised on a misapprehension of facts; trial court in its further trial court even as it
(g) When the Court of Appeals failed to notice proceedings regarding affords the appellate
certain relevant facts which, if properly the other parts of the court the full
considered, would justify a different case. opportunity to review
conclusion; and decide the
(h) When the findings of fact are themselves appealed matter.
conflicting; (De Leon, Appellate Remedies, 2013, p. 53, citing
(i) When the findings of fact are conclusions Lebin vs. Mirasol, G.R. No. 164255, 2011)
without citation of the specific evidence on
which they are based; and Q: Where is an appeal from the MTC to the RTC
(j) When the findings of fact of the Court of filed?
Appeals are premised on the absence of
A: May be taken to the Regional Trial Court
evidence but the evidence on record
exercising jurisdiction over the area to which the
contradicts such findings. (Local Superior vs.
former pertains. (Rule 40, Sec. 1)
Jody King, G.R. No. 141715, 2005)
Q: What is the process of filing an appeal from
A. RULE 40 APPEAL FROM MTC TO the MTC to the RTC?
THE RTC 1. FILE a notice of appeal within 15/30 days from
notice of judgment or final order with the court
Q: How is an appeal from the MTC to the RTC that rendered it, and SERVE upon the adverse
filed? party.
A: An appeal is taken by filing a notice of appeal (or 2. PAY the full amount of the appellate court docket
a record on appeal, when proper) from a judgment or and other legal fees to the clerk of the court
final order of the MTC on questions of fact and law. which rendered the judgment or final order.
(Rule 40, Sec. 3) (BUT, failure to pay warrants only discretion to
dismiss the appeal.) (Rule 40, Sec. 3)
Q: What is the difference between a notice of
appeal and record on appeal in Rules 40 and 41?
Q: What is the Material Data Rule?
1. If by notice of appeal:
A:
Appeal is deemed perfected as to the party
appealing upon the filing of the notice of
able to records on appeal with
appeal and full payment of appeal fees in
respect to the contents thereof.
due time.
2. If by record on appeal:
Q: Who pays the Appellate Court Docket and
Appeal is deemed perfected as to the party
Other Lawful Fees?
appealing upon the approval of the record
A: Within the period for taking an appeal, the
on appeal filed in due time. (Rule 41, Sec.
appellant shall pay to the Clerk of the Court which
9)
rendered the judgment or final order appealed from,
the full amount of the appellate court docket and
other lawful fees. (Rule 40, Sec. 5)

Q: Is the payment of docket fees mandatory? Q: What is the procedure in the Regional Trial
A: YES. Payment of docket fees within the period to Court?
appeal is MANDATORY for the perfection of an 1. Upon receipt of the complete record or the record
appeal. (Alfonso vs. Andres, G.R. 139611, 2002). on appeal, the clerk of court of the RTC shall
notify the parties of such fact.
General Rule: The court will dismiss the appeal 2. Within fifteen (15) days from notice, it shall be the
when there is no full payment of appellate docket duty of the appellant to submit a
fees within the prescribed period to appeal. MEMORANDUM OF APPEAL to briefly discuss
the errors imputed to the lower court, and a copy
Exceptions: which warrant a relaxation of the shall be furnished by him/her to the adverse
application of rules on payment of docket fees: party.
1. Most persuasive and weighty reasons. 3. Within fifteen (15) days from receipt of the
2. To relieve a litigant from an injustice not appellee may file
commensurate with his/her failure to comply with his/her MEMORANDUM OF APPEAL; and
the prescribed procedure. 4. Upon filing of the memorandum of the appellee,
3. Good faith of the defaulting party by immediately OR the expiration of the period to do so, the case
paying within a reasonable time from the time of shall be considered SUBMITTED FOR
default. DECISION. (Rule 40, Sec. 7)
4. The existence of special or compelling
circumstances. Failure of the APELLANT to file a memorandum shall
5. The merits of the case. be a ground for the dismissal of the appeal. The
6. A cause not entirely attributable to the fault or
negligence of the party favored by the memorandum is a mandatory and compulsory rule.
suspension of the rules. Non-compliance therewith authorizes the dismissal
7. A lack of any showing that the review sought is of the appeal.
merely frivolous and dilatory.
8. The other party will not be unjustly prejudiced Q: What is the Notice Requirement?
thereby. A: The notice to be sent to the parties cannot be
9. Fraud, accident, mistake or excusable downplayed as a mere formality, for it is such notice
negligence which sets in motion the appellate procedure before
10. Peculiar legal and equitable circumstances the RTC and the running of the prescriptive period
attendant to each case. within which the appellant must file his/her appeal
11. In the name of substantial justice and fair play. memorandum.
12. Importance of the issues involved; and
13. Exercise of sound discretion by the judge guided Moreover, the notice must be categorical enough in
by all the attendant circumstances. stating that the RTC has already received the records
(Villena v. Rupisan, GR No. 167620, 2007) of the case. If there is no such notice or the notice is
defective in that it does not contain a statement that
Q: What is the Residual Jurisdiction of the the RTC is already in possession of the records of the
Court? case, the appellant stands to lose his/her right to
A: Prior to the transmittal of the original record or seek a judicial review of his/her case.
record on appeal, the court may: (IAPOA)
1. Issue orders for the protection and preservation Q: Can the RTC can decide errors not assigned in
of the rights of the parties, which do not involve the appeal memorandum?
any matter litigated by the appeal. A: The RTC presently decides all appeals from the
2. Approve compromises. MTC based on the entire record of the
3. Permit appeals of indigent litigants. proceedings had in the court of origin and such
4. Order execution pending appeal in accordance memoranda or briefs as may be submitted by the
with Sec. 2, Rule 39; and parties or required by the RTC. As a consequence,
5. Allow withdrawal of the appeal. the RTC, in exercising its appellate jurisdiction, is not
limited to errors assigned in the appeal
Note: Reckoning point for the exercise of residual memorandum.
jurisdiction is the transmittal of records to the
appellate court.

Q: What are the effects of appeal from orders ground of fraud, mistake or duress, or any other
Dismissing case? ground vitiating consent.
A: Without Trial; Lack of Jurisdiction 5. An order of execution.
If an Appeal is Taken from an Order of the Lower 6 A judgment or final order for or against one or
Court (i.e., MTC) Dismissing the Case more of several parties or in separate claims,
counterclaims, cross-claims, and third party
WITHOUT TRIAL on the Merits The Regional Trial complaints, while the main case is ending, unless
Court may: the court allows an appeal therefrom; and
1. If AFFIRMED - and the ground of the dismissal 7. An order dismissing an action without prejudice.
is lack of jurisdiction over the subject matter, the
Regional Trial Court, if it has jurisdiction, SHALL The remedy provided if a judgment is not appealable
TRY the case on the merits AS IF the case was is the SCA of Certiorari, Rule 6.
originally filed with it.
2. If REVERSED - the case shall be remanded to Q: What are the special cases of appeals?
the MTC for further proceedings. 1. RTC acting as Special Agrarian Court petition
for review to CA
If the Case WAS TRIED on the Merits by the Lower 2. RTC acting as a Commercial Court petition for
Court (i.e., MTC) Without Jurisdiction over the review to CA
Subject Matter: The RTC on appeal shall NOT
dismiss the case if it has original jurisdiction thereof, Q: What is the period of ordinary appeal?
BUT shall decide the case WITHOUT prejudice to the 1. Fifteen (15) days from notice of the judgment or
admission of amended pleadings and additional final order appealed from.
evidence in the interest of justice. (Rule 40, Sec. 8) 2. If a record on appeal is required, file notice of
appeal and record on appeal within thirty (30)
B. RULE 41 APPEAL FROM THE days from notice of the judgment or final order.
RTC 3. In HABEAS CORPUS cases, forty-eight (48)
hours from notice of judgment or final order
Q: How is an appeal from the RTC filed? appealed from.
A: An appeal taken by filing a notice of appeal (and 4. The period shall be interrupted by a timely Motion
a record on appeal, when proper) from a judgment or for New Trial or Motion for Reconsideration.
final order of the RTC on questions of fact and law. 5. No motion for extension of time to file a Motion for
Reconsideration or Motion for New Trial shall be
Q: When is Rule 41 applicable? allowed (same rule as MTC-RTC appeals), except
A: The other provisions of Rule 41 shall apply to in cases pending with the Supreme Court. (Rule
appeals provided in this Rule. Thus, the inferior 41, Section 3)
courts also exercise residual jurisdiction in the
same manner provided under paragraph 5, Section 9 Q: What is the period of Ordinary Appeal or
of Rule 41. (Rule 40, Sec. 9) Appeal in Habeas Data Cases (A.M. No. 08-1-16-
SC, Sec. 19)?
Q: What is the subject of appeal? 1. The period of appeal shall be five (5) working (not
A: An appeal may be taken only from judgments or calendar) days from the date of notice of the
final orders that completely dispose of the case. judgment or final order.
An interlocutory order is NOT appealable until after 2. Appeal shall be made directly to the Supreme
judgment on the merits has been rendered. In those Court under Rule 45 where questions of fact or of
instances where the judgment or final order is not law or both may be raised.
appealable because it is interlocutory, the aggrieved
party may file the appropriate special civil action Q: What is the period of Ordinary Appeal or
under Rule 65. Appeal in Writ of Amparo Cases (A.M. No. 07-9-
12-SC, Sec. 19)?
Q: What matters cannot be appealed? 1. The period of appeal shall be five (5) working (not
1. An order denying a petition for relief or any similar
calendar) days from the date of notice of the
motion seeking relief from judgment.
adverse judgment.
2. An interlocutory order.
2. Appeal shall be made directly to the Supreme
3. An order disallowing or dismissing an appeal.
Court under Rule 45 where questions of fact or of
4. An order denying a motion to set aside a judgment
law or both may be raised.
by consent, confession or compromise on the
Q: What is the period of Ordinary Appeal or 3. In chronological order, copies of only such
Appeal in Writ of Kalikasan Cases? pleadings, petitions, motions and all interlocutory
1. The period of appeal shall be fifteen (15) working orders as are related to the appealed judgment
(not calendar) days from the date of notice of the or final order for the proper understanding of the
adverse judgment. issues involved; and
2. Appeal shall be made directly to the Supreme 4. Together with such data as will show that the
Court under Rule 45 where questions of fact or of appeal was perfected on time (Material Data
law or both may be raised. Rule). (Rule 41, Sec. 6)
Q: What is the rule on filing an appeal within the NOTE:

reglementary period? of Rule 41 shall apply to appeals provided for herein
A: Perfection of appeal within the reglementary notice of appeal and record on appeal
period is jurisdictional. under Rule 40 shall fallow the form stated in this rule.
Q: What are exceptions to the rule on filing an Q: What happens after the filing of a Record on
appeal within the reglementary period? Appeal?
A: When there has been extrinsic fraud, accident, A: Upon filing of the record on appeal for approval
mistake or excusable negligence (FAME), resort to AND if no objection is filed by the appellee within five
Petition for Relief from Judgment under Rule 38 may (5) days from receipt of the copy thereof the trial court
be had. (Habaluyas v. Japson, G.R. No. 70895, (RTC) may:
1986) 1. Approve it as presented; OR
2. Upon its own motion or at the instance of the
Q: Who pays for Appellate Court Docket and appellee, may direct its amendment by the
Other Lawful Fees? inclusion of any omitted matters which are
A: Within the period for taking an appeal, the deemed essential to the determination of the
appellant shall pay to the Clerk of the Court, which issue of law or fact involved in the appeal. (Rule
rendered the judgment or final order appealed from, 41, Sec. 7)
the full amount of the appellate court docket and
other lawful fees. If the trial court orders the amendment thereof, the
appellant shall redraft the record by including therein,
Proof of payment shall be transmitted to appellate in their proper chronological sequence, such
court together with the original record or the record additional matters as the court may have directed
on appeal, as the case may be. (Rule 41, Sec. 4) him/her to incorporate, and shall thereupon submit
the redrafted record for approval, upon notice to the
Note: Please see notes on General Rule and appellee, in like matter as the original draft.
Exceptions with regard to Payment of Fees under
Rule 40 in the previous section of this reviewer. A record on appeal does not have to be set for
hearing in the trial court by the appellant, as it is
Q: What must a Notice of Appeal contain? deemed submitted for approval upon its filing and the
A: The notice of appeal must: rule merely requires the adverse party to file any
1. Indicate the parties to the appeal. objection thereto within five (5) days.
2. Specify judgment or final order or part thereof
appealed from. Q: When does a Joint Record on Appeal apply?
3. Specify the court to which the appeal is being A: Can be applied when both parties are appellants.
taken; and (Rule 41, Sec. 8)
4. State the material dates showing the timeliness of
the appeal. (Rule 41, Section 5) Q: When is an appeal perfected? What are the
effects of a perfected appeal?
Q: What must a Record on Appeal contain? A: Upon the timely filing of a notice of appeal and the
A: The Record on Appeal shall include: payment of the corresponding docket and other
1. Full names of all the parties to the proceedings lawful fees, the appeal is deemed perfected as to the
shall be stated in the caption appealing party (appellant).
2. The judgment or final order from which the
appeal is taken. In appeals by notice of appeal, the court loses
jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the Q: What happens to the transcripts of the case?
time to appeal of the other parties. A: Upon perfection of the appeal, the clerk shall
immediately direct stenographers concerned to
In appeals by record on appeal, the court loses attach to the record of the case:
jurisdiction only over the subject matter thereof upon 1. 5 copies of the transcripts of the testimonial
the approval of the records on appeal filed in due time evidence referred to in the record on appeal.
and the expiration of the time to appeal of the other 2. Transcription of such testimonial evidence.
parties. 3. An index containing the names of the witnesses
and the pages where their testimonies could be
In either case, prior to the transmittal of the original found; and
record or the record on appeal, the court may issue 4. List of exhibits and pages wherein they appear.
orders for the protection and preservation of the (Rule 41, Sec. 11)
rights of the parties which do not involve any matter
litigated by the appeal, approve compromises, permit Q: What is transmitted? When does transmission
appeals of indigent litigants, order execution pending occur?
appeal in accordance with Section 2 of Rule 39, and A: The branch clerk of court of the RTC shall transmit
allow withdrawal of the appeal. (Rule 41, Sec. 9) to the appellate court the original record or the
approved record on appeal:
Q: What are the effects of a perfected appeal? 1. Within 30 days from the perfection of the appeal.
A: A perfected appeal stays the challenged judgment 2. With proof of payment of the appellate court
or final order; such judgment or final order cannot yet docket and other lawful fees.
be the subject of a motion for execution. The 3. A certified true copy of the minutes of the
exception is if the Court of Appeals, the law, or the proceedings.
Rules provide otherwise. 4. An order of approval.
5. A certificate of correctness.
Q: What is the duty of the Clerk of Court of the 6. Original documentary evidence; and
Lower Court upon Perfection of Appeal? 7. Original and three copies of the transcript. (Rule
A: Within thirty (30) days after perfection of all the 41, Sec. 12)
appeals in accordance with the preceding section, it
shall be the duty of the clerk of court of the lower Q: When may the trial court dismiss the appeal?
court: A: PRIOR to the transmittal of the original record or
a. To verify the correctness of the original record or the record on the appeal to the appellate court, the
the record on appeal, as the case may be, and trial court may, motu proprio or on motion, dismiss
to make a certification of its correctness; the appeal for having been taken out of time OR for
b. To verify the completeness of the records that non-payment of the docket and other lawful fees
will be transmitted to the appellate court; within the reglementary period. (Rule 41, Sec. 13)
c. If found to be incomplete, to take such measures
as may be required to complete the records, However, in a few instances, the court has allowed
availing of the authority that he or the court may due course to such appeals on strong and
exercise for this purpose; and compelling reasons of justice. (Note: This is
d. To transmit the records to the appellate court. applicable to the Supreme Court only, NOT the trial
courts.)
If the efforts to complete the records fail, he shall
indicate in his letter of transmittal the exhibits or C. RULE 42 PETITION FOR REVIEW
transcripts not included in the records being FROM THE RTC TO THE CA
transmitted to the appellate court, the reasons for
their non-transmittal, and the steps taken or that Q: How is a petition for review from the RTC to
could be taken to have them available. the CA filed?
The clerk of court shall furnish the parties with copies A: An appeal from the judgment or final order of the
of his letter of transmittal of the records to the Regional Trial Court to the Court of Appeals decided
by the Regional Trial Court in the exercise of its
appellate court. (Rule 41, Sec. 10)
appellate jurisdiction on questions of fact, of law or of
fact and law.

Q: What is the process for filing a petition for jurisdiction will be

review from the RTC to the CA? allowed; continued
1. File a verified petition for review with the Court ignorance or willful
of Appeals within 15 days from notice of the disregard of the law on
decision or of the denial of Motion for appeals will not be
Reconsideration/Motion for New Trial tolerated. (SC Circular
a. The Court of Appeals may grant an 2-90, March 9, 1990)
additional period of 15 days within which
to file the petition for review. No further Appeal is not a right but Discretionary
extension shall be granted except for the a statutory privilege;
most compelling reason and in no case to thus, appeal must be
exceed 15 days. made strictly in
2. Pay docket and lawful fees and deposit P500.00 accordance with the
to the Clerk of Court of the Court of Appeals. provision set by law.
3. Furnish the Regional Trial Court and adverse (Enriquez vs. Enriquez,
party with a copy of the petition. (Rule 42, Sec. G.R. No. 139303, 2005)
1)
All the records are No records are elevated
elevated from the court unless the court
Q: What is the difference between Rule 41 vs.
of origin. decrees it.
Rule 42?
Notice and record on Filed with the Court of
ORDINARY APPEAL PETITION FOR
appeal if required are Appeals.
(Rule 41) REVIEW
filed with the court of
(Rule 42)
origin and payment of
Refers to regular Governs appeals from fees
appeals from the the decision of the
The case was decided The case was decided
Regional Trial Court Regional Trial Court in
by the RTC pursuant to by the RTC pursuant to
exercising original the exercise of its
its original jurisdiction. its appellate jurisdiction
jurisdiction appellate jurisdiction
(i.e., case emanated
(Case originally filed
from MTC).
with MTC)
Period to file is a matter Period to file is a matter
An appeal on pure Appeals to the Court of
of right but is NON- of right and is
questions of law cannot Appeals from the
EXTENDIBLE EXTENDIBLE
be taken to the Court of Regional Trial Court
Appeals and such under this rule MAY be
improper appeal will be made on questions of Q: What is the form and content of a petition for
dismissed pursuant to fact or of law or on review from the RTC to the CA?
Section 2, Rule 50 of mixed questions of fact
A: File in 3 legible copies, with the original copy
the Rules of Court. and law
intended for the court being indicated as such by the
petitioner. (per Efficient Use of Paper Rule, A.M. No.
Note: An appeal taken
11-9-4-SC)
to either the Supreme
Court or the Court of
The Petition shall contain:
Appeals by the wrong
1. Full names of the parties, without impleading the
or inappropriate mode
lower courts/judges thereof as petitioners or
shall be dismissed. No
respondents.
transfers of appeals
2. Specific material dates to show it was filed on
erroneously taken to
time.
the Supreme Court or to
3. A statement of the matters involved, the issues
the Court of Appeals to
raised, the specification or errors of fact or law,
whichever of these
or both, allegedly committed by the Regional
Tribunals has
Trial Court, and the reasons or arguments relied
appropriate appellate
upon for the allowance of the appeal.
4. Clearly legible duplicate originals or true copies Q: What if the CA finds prima facie that the
of judgments of both lower courts, certified lower court committed an error of fact or law?
correct by the RTC Clerk of Court. A: If the Court of Appeals finds prima facie that the
5. Certificate of non-forum shopping. (Rule 42, Sec. lower court committed an error of fact or law that
2) will warrant a reversal or modification of the
decision, it may give due course to the petition.
Q: What is the effect of failure to comply with the (Rule 42, Sec. 6)
requirements?
A: The failure of the petitioner to comply with any of Q: When can there be an Elevation of Record?
the following requirements shall be sufficient A: Whenever the Court of Appeals deems it
ground for the dismissal thereof: necessary, it may require the RTC to elevate the
1. Payment of the docket and other lawful fees. original records of the case within 15 days. (Rule
2. Deposit for costs. 42, Sec. 7)
3. Proof of service of the petition;
4. Contents of and the documents, which should Q: Upon the filing of the reply, what should the
accompany the petition. (Rule 42, Sec. 3) Court shall resolve to do?
A:
Q: How long may the CA extend the period to File 1. Give due course to the petition; and
Petition for Review? a) Consider the case submitted for decision
A: CA may allow (only) 1 extension of 15 days to file based on the pleadings; or
the petition for review after docket fees are paid and b) Require the parties to submit their respective
if the motion for extension of time is filed within the memoranda; or
15-day reglementary period. The exception is for the 2. Deny or dismiss the petition.
most compelling reasons, the CA may allow another
extension not to exceed 15 days Q: When is an appeal perfected?
A: The appeal is deemed perfected as to the
Q: How can the CA act on the Petition? petitioner upon the timely:
1. Filing of the petition for review; and
A: The Court of Appeals may: 2. Payment of docket and lawful fees.
1. Require the respondent to comment, not file a (Rule 42, Sec. 8)
motion to dismiss, within 10 days from notice, or
2. Dismiss the petition if it finds it to be: Q: What is the effect of a perfected appeal?
a. Patently without merit; A: The RTC loses jurisdiction over the case upon:
b. Prosecuted manifestly for delay; or 1. The perfection of the appeals; and
c. Questions raised are too insubstantial to 2. The expiration of the time to appeal of the
require consideration. (Rule 42, Sec. 4) other parties.
Q: What are the contents of Comment of the Q: When may the RTC exercise its residual
Respondent? powers before the Court of Appeals gives due
A: Requisites of the comment of the respondent: course to the petition? (IAPOA)
1. File in 3 legible copies (Efficient Use of Paper 1. Issue orders for the protection and preservation
Rule, A.M. No. 11-9-4-SC). of the rights of the parties, which do not involve
2. Accompanied by certified true copies of any matter litigated by the appeal.
material portions of records referred to. 2. Approve compromises.
3. State whether or not he/she accepts the 3. Permit appeals of indigent litigants.
statement of matters involved in the petition. 4. Order execution pending appeal in accordance
4. Point out insufficiencies/inaccuracies as with Sec. 2 of Rule 39; and
he/she believes exist in petition 5. Allow withdrawal of the appeal.
of matters involved but without repetition; and
5. State reasons why petition should not be given Q: What happens if the petition is given due
due course. course?
A copy of the comment shall be served on the A: The Court of Appeals (CA) may:
petitioner. (Rule 42, Sec. 5)
1. Set the case for oral argument. and/or

2. Require the parties to submit memoranda within r. Philippine Atomic Energy Commission.
a period of 15 days from notice. (Rule 42, Section s. Board of Investments.
9) t. Construction Industry Arbitration Commission;
and
No new issues may be raised by a party in the u. Voluntary arbitrators authorized by law.
Memorandum. Issues raised by a party in previous
pleadings but not included in the Memorandum shall The enumeration of quasi-judicial agencies is NOT
be deemed waived or abandoned. exclusive.
Q:: What are the steps to determine coverage of

pleadings, the Memoranda alone may be considered Rule 43?
by the CA in deciding or resolving the petition. The a. See listing in Sec. 1
case shall be deemed submitted for decision upon b. Determine if it is a decision in a quasi-judicial
the filing of the last pleading or memorandum function
required by these Rules or by the CA itself. c. If it is a decision in quasi-judicial function, follow
rules on appeals, so only final order/decisions
Q: What is the participation of the Solicitor are appealable
General during appeal? d. If agency is not listed in Sec. 1, look at the charter
A: According to Book IV, Title III, Chapter 12, Section or rules that govern such administrative agency:
35(1) of the Administrative Code of 1987, the Office
i. If explicitly states that Rule 43 applies file
Government in the Supreme Court and the Court of a Rule 43
Appeals in all criminal proceedings; represent the ii. If only stating that decisions are appealable
Government and its officers in the Supreme Court file a Rule 43
and Court of Appeals, and all other courts or tribunals
in all civil actions and special proceedings in which Q: What is the difference between Error of
the Government or any officer thereof in his official Judgment and Error of Jurisdiction?
A: An ERROR OF JUDGMENT is one which the
court may commit in the exercise of its jurisdiction,
D. RULE 43 APPEALS FROM THE and which error is reviewable only by an appeal (Rule
CTA, CIVIL SERVICE COMMISSION, 43/42). (Fortich v. Corona G.R. No. 131457, 1998) It
AND QUASI-JUDICIAL AGENCIES may be an error in appreciation of facts or
interpretation of law.
Q: In what cases does Rule 43 apply?
A: It shall apply to appeals from awards, judgments, An ERROR OF JURISDICTION is one where the act
final orders, resolutions of or authorized by any complained of was issued by the court, officer or a
quasi-judicial agency in the exercise of its quasi- quasi-judicial body without or in excess of jurisdiction,
judicial functions: or with grave abuse of discretion which is tantamount
a. Civil Service Commission (see Special Rules to lack or in excess of jurisdiction. This error is
and the end of this subsection) correctable only by the extraordinary writ of certiorari
b. Central Board of Assessment Appeals. (Rule 65). (Fortich v. Corona, G.R. No. 131457,
c. Securities and Exchange Commission. 1998)
d. Office of the President.
e. Land Registration Authority. Q: Does Rule 43 apply to the NLRC?
f. Social Security Commission. A: General Rule: This Rule shall not apply to
g. Civil Aeronautics Board. judgments or final orders issued under the Labor
h. Bureau of Patents. Code of the Philippines. (Rule 43, Sec. 2)
i. Trademarks and Technology Transfer.
j. National Electrification Administration. Exception: Judgments and final orders or
k. Energy Regulatory Board. resolutions of the National Labor Relations
l. National Telecommunications Commission. Commission are now reviewable in the first instance,
m. Dept. of Agrarian Reform under R.A. No. 6657. by the Court of Appeals on certiorari under Rule 65,
n. Government Service Insurance System. but those of the Employees Compensation
o. Employees Compensation Commission. Commission should be brought to the CA through a
p. Agricultural Invention Board. petition for review under this Rule. (St. Martin Funeral
q. Insurance Commission. Homes v. NLRC, G.R. No. 130866, 1998)
Q: Does Rule 43 apply to the SEC? 2. Pay to the Clerk of Court of the Court of Appeals
A: Special rules of procedure have also been the docket and other lawful fees and deposit
adopted for cases formerly within the jurisdiction and P500.00 for costs.
adjudicatory processes of the Securities and a. Exemption from payment of docket and
Exchange Commission. (See Regalado 10th ed. P. lawful fees may be granted by the Court of
573) The Supreme Court issued A.M. No. 04-9-07- Appeals upon a verified motion setting
SC as a clarification on the proper mode of appeal of forth the valid grounds therefor.
cases which were formerly under the jurisdiction of b. If the Court of Appeals denies the motion,
the Securities and Exchange Commission, such as petitioner shall pay the docket and other
those cases involving corporate rehabilitation. Now, lawful fees within 15 days from notice of
there is no more need to file a notice of appeal and denial. (Rule 43, Sec. 5)
record on appeal. An appeal may now be perfected
by filing a petition for review within fifteen (15) days Q: What is the difference between Rule 42 and
from notice of the decision or final order of the trial Rule 43?
court, directly to the CA under Rule 43 of the Rules Regional Trial Court Quasi-Judicial
of Court. (China Banking Corp. vs. Cebu Printing, as Appellate Court Agencies
G.R. No. 172880, 2010) (Rule 42) (Rule 43)
Decision is stayed by Decision is immediately

Q: Where is the appeal under Rule 43 filed?
an appeal executory, not stayed
A: An appeal under this Rule may be taken to the by an appeal
Court of Appeals within the period and in the manner
herein provided, whether the appeal involves Factual findings not Factual findings are
questions of fact, of law, or mixed questions of conclusive upon the conclusive upon the
fact and law. (Rule 43, Sec. 3) Court of Appeals Court of appeals if
supported by
This is another instance where an appellate review substantial evidence
solely on a question of law may be brought to the
Court of Appeals instead of the Supreme Court. The
Q: What should the petition for review contain?
same procedure obtains in appeals from the
Regional Trial Court where it decided the case in the A: The petition for review shall contain:
exercise of its appellate jurisdiction as regulated by 1. Full names of the parties, without impleading
Rule 42. the court/agencies either as petitioners or
respondents.
2. Concise statement of the facts and issues
Q: What are the periods to file an appeal under
involved and the grounds relied upon for review.
Rule 43?
3. Clearly legible duplicate original or a certified
A: Within 15 days from: true copy of the award, judgment, final order or
1. Notice of the award, judgment, final order or resolution appealed from, together with:
resolution; or 4. Certified true copies of such material portions of
2. Date of last publication, if publication is required by the record referred to therein.
law for its effectivity; or 5. Other supporting papers;
6. Certificate of non-forum shopping.
Motion for Reconsideration duly filed in 7. Material dates to show it was filed within the
accordance with the governing law of the court or period fixed therein. (Rule 43, Sec. 6)
agency a quo. (Rule 43, Sec. 4)
Q: What is the effect of failure to comply with
Q: How is an appeal under Rule 43 taken? requirements?
1. A verified petition for review: A: Failure of petitioner to comply with any of the
a. File with the Court of Appeals in seven 3 following requirements shall be sufficient ground
legible copies (per Efficient Use of Paper for the dismissal thereof:
Rule, A.M. No. 11-9-4-SC). 1. Payment of the docket and other lawful fees.
b. Attach proof of service of a copy thereof on 2. Deposit for costs.
the adverse party and on the court or 3. Proof of service of the petition; and
agency a quo.
4. Contents of and the documents which agreement of all parties to the proceeding. The
should accompany the petition. (Rule 43, Court of Appeals may require or permit the
Sec. 7) subsequent correction of or addition to the record.
(Rule 43, Sec. 11)
Q: What actions can be made by the CA on the
petition? Q: What is the effect of the perfection of the
A: The Court of Appeals may: appeal?
1. Require the respondent to file a comment on the A: The appeal shall not stay the award, final order,
petition, not a motion to dismiss, within 10 days or resolution sought to be reviewed. The exception is
from notice; or when the Court of Appeals shall direct otherwise
2. Dismiss the petition if it finds it to be: upon such terms as it may deem just. (Rule 43, Sec.
a. Patently without merit. 12)
b. Prosecuted manifestly for delay; or
c. The questions raised therein are too Q: What happens if the petition is given due
unsubstantial to require consideration. (Rule course?
43, Sec. 8) A: The Court of Appeals may:
1. Set the case for oral argument; and/or
Q: What should the comment contain? 2. Require the parties to submit memoranda
within 15 days from notice.
A: Requisites of the comment of the respondent: The case shall be deemed submitted for decision
1. File in 3 legible copies (per Efficient Use of Paper upon the filing of the last pleading or memorandum
Rule, A.M. No. 11-9-4-SC). required by these Rules or by the Court of Appeals.
2. Accompanied by clearly legible certified true (Rule 43, Section 13)
copies of such material portions of the record
referred to therein together with the supporting E. RULE 45 APPEALS BY
papers. CERTIORARI TO THE SC
3. Point out insufficiencies or inaccuracies in
Q: When does appeal under Rule 45 apply?
4. State the reasons why the petition should be A: An appeal from a judgment or final order of the
denied or dismissed; and Regional Trial Court in the exercise of its original
5. File within 10 days from notice. (Rule 43, Sec. 9) jurisdiction but ONLY on questions of law. It also
A copy thereof shall be served on the petitioner and pertains to an appeal from the judgment, final order
proof of such service shall be filed with the Court of or resolutions of the Court of Appeals,
Appeals. Sandiganbayan, Court of Tax Appeals en banc.
Q: What happens if the petition is given due
Q: What are the modes of appeal from RTC?
course?
A: If from the records the Court of Appeals finds ORDINARY PETITION APPEAL BY
prima facie that the court or agency committed APPEAL FOR REVIEW CERTIORARI
errors of fact or law that would warrant a reversal or (RULE 41) (RULE 42) (RULE 45)
modification of the decision sought to be reviewed,
Appeal to the Appeal to the Appeal to the
it may give due course to the petition. Otherwise, it
Court of Court of Supreme
shall dismiss the same.
Appeals in Appeals in Court in all
cases decided cases decided cases decided
The findings of fact of the court or agency
by the RTC in by the RTC in by the RTC
concerned, when supported by substantial
its original the exercise of where only
evidence, shall be binding on the Court of Appeals.
jurisdiction its appellate questions of
(Rule 43, Sec. 10)
jurisdiction law are raised
or involved
Q: When will the records be transmitted?
A: Within 15 days from notice that the petition has
been given due course, the Court of Appeals may
require the court or agency concerned to transmit
the record of the proceeding under review. The
record to be transmitted may be abridged by the
By NOTICE By PETITION By PETITION The petitioner may seek the same provisional
OF APPEAL FOR REVIEW FOR REVIEW remedies by verified motion filed in the same
with the court filed with the ON action or proceeding at any time during its
which Court of CERTIORARI pendency. (As amended by A.M. No. 07-7-12 SC,
rendered the Appeals in filed with the Dec. 12, 2007)
judgment or accordance Supreme
final order with Rule 42 Court in Q: What is the difference between Certiorari as a
appealed from and serving a accordance Mode of Appeal (Rule 45) and Certiorari as an
(i.e., RTC) and copy thereof with Rule 45 Original Special Civil Action (Rule 65)?
serving a copy upon the and serving a APPEAL BY CERTIORARI AS AN
thereof upon adverse party copy thereof CERTIORARI ORIGINAL ACTION
the adverse upon the (RULE 45) (RULE 65)
party adverse party
Petition based on Petition raises the issue
RECORD OF questions of law only as to whether the lower
APPEAL shall which the appellant court acted without or in
be required desires the appellate excess of jurisdiction or
only in: court to resolve (if case with grave abuse of
1. Special originated from RTC discretion
proceedings; direct filing with SC)
2. Multiple or
Involves review of the May be directed against
separate
judgment, award or final an interlocutory order of
appeals where
order on the merits the court prior to appeal
the law or the
from the judgment or
Rules so
where there is no
require appeal or any other
Questions of Questions of Question of plain, speedy or
fact or mixed fact, of law, or law only from adequate remedy
questions of mixed judgment or
Must be made within May be filed not later
fact and law questions of final order
the reglementary period than 60 days from
fact and law rendered by
for appeal notice of the judgment,
RTC in the
order or resolution
exercise of its
sought to be assailed,
original
or 60 days from receipt
jurisdiction
of denial of a motion for
reconsideration. Note
Q: How is an Appeal by Certiorari under Rule 45 that, as a general rule,
filed? before a party can file a
A: A party desiring to appeal by certiorari from a petition for certiorari
judgment, final order or resolution of the following under Rule 65, he/she
courts may file with the Supreme Court a verified must first file a motion
petition for review on certiorari: for reconsideration with
1. Court of Appeals. the lower court)
2. Sandiganbayan.
3. Regional Trial Court. Stays the judgment, Does not stay the
4. Court of Tax Appeals (en banc). award or order challenged proceeding
5. Other courts, whenever authorized by law appealed from unless a writ of
preliminary injunction or
The petition may include an application for a writ of a temporary restraining
preliminary injunction or other provisional remedies order shall have been
and shall raise only questions of law which must be issued by the higher
distinctly set forth. court

APPEAL BY CERTIORARI AS AN (d) When there is a grave abuse of discretion in the

CERTIORARI ORIGINAL ACTION appreciation of facts;
(RULE 45) (RULE 65) (e) When the Appellate Court, in making its findings,
went beyond the issues of the case and such
findings are contrary to the admissions of both
The petitioner and The parties are the appellant and appellee;
respondent are the aggrieved party (f) When the judgment of the Court of Appeals is
original parties to the (petitioner) against the premised on a misapprehension of facts;
action, and the lower lower court or quasi- (g) When the Court of Appeals failed to notice certain
court or quasi-judicial judicial agency (public relevant facts which, if properly considered, would
agency is not to be respondent) and the justify a different conclusion;
impleaded prevailing party in the (h) When the findings of fact are themselves
lower court (private conflicting;
respondent) (i) When the findings of fact are conclusions without
citation of the specific evidence on which they are
The prior filing of a A motion for
based; and
motion for reconsideration is, as a
(j) When the findings of fact of the Court of Appeals
reconsideration is not general rule, a condition
are premised on the absence of evidence but
required precedent. The
such findings are contradicted by the evidence on
purpose is to give the
record. (Local Superior vs. Jody King, G.R.
lower court an
No. 141715, 2005)
opportunity to correct
itself
Q: What are the periods for filing?
The appellate court is in The higher court
A: General Rule: The petition shall be filed within 15
the exercise of its exercises original
days from the notice of the judgment appealed from,
appellate jurisdiction jurisdiction under its
and power of review power of control and
or reconsideration filed in due time after notice of the
supervision over the
judgment.
proceeding of lower
courts
Exceptions:
Q: Does Rule 45 apply to questions of law, 1. Writ of Amparo 5 working days
questions of fact, or both? 2. Writ of Habeas Data 5 working days
A: General Rule: Only QUESTIONS OF LAW may
be raised in a petition for review under Rule 45 of the Within the fifteen (15) day period, the petitioner may,
Rules of Court. for good cause, file a motion for extension of time
to file his/her petition for review on certiorari. The
Exceptions: QUESTIONS OF LAW AND FACT may petitioner must submit the requisite proof of service
be determined, in the following instances: of such motion on the respondents, pay the docket
and other lawful fees in full, as well as deposit the
Exceptions under the SC Circulars: costs of suit.
1. Appeals from Habeas Data cases
2. Appeals from Amparo cases The Supreme Court may, for justifiable reasons,
3. Appeals from Kalikasan cases grant an extension of 30 days within which to file the
4. Appeals from Habeas Corpus cases petition, provided the following requisites concur:
5. Criminal cases by notice of appeal 1. A motion duly filed and served (within the original
15-day period); and
Exceptions under Jurisprudence: 2. Full payment of the docket and other lawful fees
(a) When the factual findings of the Court of Appeals and the deposit for costs (within the original 15-
and the trial court are contradictory; day period). (Rule 45, Sec. 2)
(b) When the conclusion is a finding grounded
entirely on speculation, surmises, or conjectures;
Q: Who pays for docket and other lawful fees?
(c) When the inference made by the Court of
Appeals from its findings of fact is manifestly A: Unless he/she has theretofore done so, the
mistaken, absurd, or impossible; petitioner shall pay the corresponding docket and
other lawful fees to the clerk of court of the Supreme
Court and deposit the amount of P500.00 for costs at (Rule 45, Sec. 6) The following, while neither
the time of the filing of the petition. (Rule 45, Sec. 3)
indicate the character of the reasons which will be
Q: What are the contents of the petition? considered:
A: File in 11 copies for the Supreme Court en banc 1. When the court a quo
and 5 copies for the SC division (per Efficient Use of has decided a question of substance, not
Paper Rule, A.M. No. 11-9-4-SC), with the original theretofore determined by the Supreme Court, or
intended for the court being indicated as such by the has decided it in a way probably not in accord
petitioner. The Verified Petition shall contain: with law or with the applicable decision of the
1. Full names of the appealing party as the Supreme Court; or
petitioner and the adverse party as respondent, 2. When the court a quo has so far departed from
without impleading the lower courts/judges the accepted and usual course of judicial
thereof either as petitioners or respondents. proceedings, or so far sanctioned such
2. Material dates showing: departure by a lower court, as to call for an
a. When notice of the judgment or final order or exercise of the power of supervision.
resolution subject thereof was received.
b. When a motion for new trial or Q: What actions can be taken by the Supreme
reconsideration, if any, was filed; and Court on the appeal?
c. When notice of the denial thereof was A: For the purposes of determining whether the
received. petition should be dismissed or denied pursuant to
3. A statement of the matters involved and the Section 5 of this rule, or where the petition is given
reasons or arguments relied on for the allowance due course under Section 8 hereof, the Supreme
of the petition. Court may:
4. Clearly legible duplicate original, or a certified 1. Require or allow the filing of pleadings, briefs,
true copy of the judgment or final order or memoranda or documents as it may deem
resolution certified by the clerk of court of the necessary within such periods and under such
court a quo and the requisite number of plain conditions as it may consider appropriate.
copies thereof, and such material portions of the 2. Impose sanctions in the following cases:
record as would support the petition. a. Non-filing of such pleadings or documents.
5. Certificate of non-forum shopping. (Rule 45, Sec. b. Unauthorized filing of such pleadings or
4) documents; or
c. Non-compliance with the conditions
Q: When is the petition dismissed or denied? therefor. (Rule 45, Sec. 7)
A: The failure of the petitioner to comply with any of

the following requirements shall be sufficient Q: When happens if the petition is given due
ground for the dismissal thereof: course?
1. Payment of the docket and other lawful fees. A: The Supreme Court may require the elevation of
2. Deposit for costs. the complete record of the case or parts thereof
3. Proof of service of the petition; and within 15 days from notice. (Rule 45, Sec. 8)
4. Contents of and the documents which should
accompany the petition. Q: Does Rule 45 apply to both civil and criminal
case?
The Supreme Court may, on its own initiative, deny A: General Rule: The mode of appeal prescribed in
the petition on the following grounds: this Rule shall be applicable to both civil and criminal
1. The appeal is without merit. cases
2. It is prosecuted manifestly for delay; or
3. The questions raised therein are too Exception: Not applicable in criminal cases where
unsubstantial to require consideration. (Rule 45, the penalty imposed is:
Sec. 5) 1. Death.
2. Reclusion perpetua; or
Q: Is review discretionary? 3. Life imprisonment. (Rule 45, Sec. 9)
A: A review is not a matter of right, but of sound

judicial discretion and will be granted only when
there are special and important reasons thereof.
Q: What is the procedure in Criminal Cases here 1. Failure of the record on appeal to show on its face
the Penalty is Death, Reclusion Perpetua, or Life that the appeal was taken within the period fixed
Imprisonment? by these Rules;
A: If only to ensure utmost circumspection before the 2. Failure to file the notice of appeal or the record on
penalty of death, reclusion perpetua or life appeal within the period prescribed by these
imprisonment is imposed, the Court now deems it Rules;
wise and compelling to provide in these cases a 3. Failure of the appellant to pay the docket and
review by the Court of Appeals before the case is other lawful fees as provided in section 5, Rule 40
elevated to the Supreme Court. and section 4 of Rule 41; (Bar Matter No. 803,
1998)
Q: What court can review the final judgments or 4. Unauthorized alterations, omissions or additions
orders of the Ombudsman? in the approved record on appeal as provided in
A: The Court of Appeals, under Rule 43, has section 4 of Rule 44;
jurisdiction over orders, directives and decisions of 5. Failure of the appellant to serve and file the
the Office of the Ombudsman in administrative cases required number of copies of his brief or
only. It cannot therefore review orders, directives or memorandum within the time provided by these
decisions of the Office of the Ombudsman in criminal Rules;
and non-administrative cases. For criminal cases, the 6. Absence of specific assignment of errors in the
ruling of the Ombudsman should be elevated to the appellant's brief, or of page references to the
Supreme Court by way of Rule 65. (Indoyon vs. CA, record as required in section 13, paragraphs (a),
G.R. No. 193706, 2013); (Tirol vs. Sandiganbayan, (c), (d) and (f) of Rule 44;
G. R. No. 135913, 1999); (Fabian vs. Desierto, G.R. 2. Failure of the appellant to take the necessary
No. 129742, 1998) steps for the correction or completion of the record
within the time limited by the court in its order;
F. RULE 64 REVIEW OF 3. Failure of the appellant to appear at the
JUDGMENTS OR FINAL ORDERS preliminary conference under Rule 48 or to
OF THE COMMISSION ON AUDIT comply with orders, circulars, or directives of the
AND THE COMMISSION ON court without justifiable cause; and
ELECTIONS 4. The fact that the order or judgment appealed from
is not appealable.
Q: When may a review of judgments or finals
orders of COA and COMELEC be brought? b. Dismissal of Improper Appeal to the
A: A judgment, resolution or final order of the Court of Appeals
Commission on Audit and the Commission on
Elections may be brought by the aggrieved party to Q: What is an improper appeal?
A: Appellant availed of the proper mode of appeal but
the Supreme Court on certiorari under Rule 64.
raised issues that may not be considered in said
mode of appeal (e.g., an appeal under Rule 41 taken
Q: When may a review of judgments or finals to the CA raising only questions of law). - The
orders of CSC be brought? appellate court may dismiss the improper appeal
A: A judgment, resolution or final order of the Civil outright without motion.
Service Commission may be brought by the
aggrieved party to the Supreme Court on certiorari Q: What is an erroneous appeal?
under Rule 64. A: Appellant availed of the wrong mode of appeal
(e.g., appellant filed a notice of appeal from decision
G. DISMISSAL, REINSTATEMENT, of the RTC rendered in the exercise of its appellate
jurisdiction; the mode of appeal availed of is
AND WITHDRAWAL OF APPEAL erroneous). An erroneous appeal shall not be
transferred to the appropriate court and shall be
a. Dismissal of Appeal dismissed outright.
Q: What are the grounds for dismissal of appeal? Q: What is the remedy for an improper or an
A: Sec. 1, Rule 50 lists 9 grounds wherein the CA erroneous appeal?
may, on its own motion or on that of the appellee, A: The remedy if an improper or erroneous appeal is
dismiss an appeal. These are: dismissed is to re-file it in the proper forum but has to
be within the prescribed period.

c. Withdrawal of Appeal
Q: When can an appeal be withdrawn?

A: A withdrawal of appeal is a matter of right
withdrawal of appeal is a matter of discretion of the
brief.
Q: What is the dual function of an appellate

court?
A: An appellate court serves a dual function.
1. The first is the review for correctness function,
whereby the case is reviewed on appeal to assure
that substantial justice has been done.
2. The second is the institutional function, which
refers to the progressive development of the law
for general application in the judicial system.

is favorable and applicable to him. Appeal of the

IV. APPEALS IN CRIMINAL CASES:
offended party of the civil aspect shall not affect the
MODES OF APPEAL FROM JUDGMENTS criminal aspect of the judgment or order appealed
OR FINAL ORDERS OF VARIOUS from.
COURTS/TRIBUNALS
Upon perfection of appeal, the execution of judgment
or final order appealed from shall be stayed as to the
A. RULE 122 appealing party. (Rule 122, Sec. 11)
Q: Who may appeal?
Q. On what grounds may an appeal be
A: Any party may appeal from a judgment or final
dismissed?
order, unless the accused will be placed in double
1. Failure to serve and file the required number of
copies of his brief or within the time provided by
these Rules
accused will not be placed in double jeopardy. (Sec.
2. Appellant escapes from prison or confinement,
1, Rule 122, Revised Rules on Criminal Procedure)
jumps bail, or flees to a foreign country during the
pendency of the appeal;
Q: Can the prosecution appeal a judgment of
3. Failure of the record on appeal to show on its
acquittal?
face that the appeal was taken within the period
A: The prosecution cannot appeal from a judgment
fixed by the Rules
of acquittal because a verdict of that nature is
4. Failure to file the notice of appeal or the record
immediately final and to try him on the merits, even
on appeal within the period prescribed by the
in an appellate court, is to put him a second time in
Rules;
jeopardy for the same offense. (Central Bank of the
5. Failure of the appellant to pay docket and other
Phils. v. CA, G.R. No. 41859, 1989)
lawful fees;
6. Unauthorized alterations, omissions, or additions
Despite acquittal, however, either the offended party
in the approved record on appeal
or the accused may appeal, but only with respect to
7. Absence of specific assignment of error in the
the civil aspect of the decision. Or, said judgment of
rences to the
acquittal may be assailed through a petition for
record as required; and
certiorari under Rule 65 of the Rules of Court
8. Failure of the appellant to take the necessary
showing that the lower court, in acquitting the
steps for the correction or completion of the
accused, committed not merely reversible errors of
record within the time limited by the court in its
judgment, but also exercised grave abuse of
order
discretion amounting to lack or excess of jurisdiction,
or a denial of due process, thereby rendering the
Q: What is the effect on civil liability if an Accused
assailed judgment null and void. (AAA v. CA, G.R.
dies pending appeal?
No. 183652, 2015)
1. Death of the accused pending appeal of his
conviction extinguishes his criminal liability as
NOTE: On the possibility of a special civil action to
well as the civil liability based solely thereon.
question an acquittal, the Supreme Court has stated
that double jeopardy cannot be invoked against the
2. Corollarily, the claim for civil liability survives
setting aside of a trial courts' judgment of dismissal
notwithstanding the death of accused, if the
or acquittal where the prosecution which represents
same may also be predicated on a source of
the sovereign people in criminal cases is denied due
obligation other than delict.
process. (Galman v. Sandiganbayan, G.R. No.
a. Law;
72670, 1986).
b. Contracts;
c. Quasi-contracts; and
Q: What happens when the accused appeals a
d. Quasi-delicts. (Civil Code, Art.
judgment?
1157)
A: In an appeal by an accused, he waives his right
not to be subject to double jeopardy. An appeal in a
3. Where the civil liability survives, as explained in
criminal case opens the entire case for review on any
Number 2 above, an action for recovery therefor
question including one not raised by the parties.
may be pursued but only by way of filing a
(People v. Reynaldo Torres, G.R. No. 189850, 2014)
separate civil action and subject to Rule 111,
Sec. 1.
Q: What is the effect of an appeal by any of
several accused?
This separate civil action may be enforced
A: An appeal taken by one or more of several
either against the executor/administrator or the
accused shall not affect those who did not appeal,
estate of the accused, depending on the source
except insofar as the judgment of the appellate court
of obligation upon which the same is based as C. APPEALS FROM THE

explained above. RESOLUTIONS OF THE OFFICE
OF THE CITY PROSECUTOR
Finally, the private offended party need not fear
a forfeiture of his right to file this separate civil
Q: When may an appeal against the findings in a
action by prescription, in cases where during the
Preliminary Investigation be brought to the
prosecution of the criminal action and prior to its
Secretary of Justice?
extinction, the private offended party instituted
A: Within 15 days from receipt of the decision of the
together therewith the civil action. In such case,
Chief State Prosecutor, Regional State Prosecutors
the statute of limitations on the civil liability is
and Provincial/City Prosecutors, or from the denial of
deemed interrupted during the pendency of the
the motion for reconsideration/reinvestigation if one
criminal case, conformably with provisions of
has been filed. (2000 NPS Rules on Appeal, Sec. 3)
Article 1155 of the Civil Code, that should
thereby avoid any apprehension on a possible
Q: On what grounds may the Secretary of Justice
deprivation of right by prescription. (People v.
Review the findings of the Investigating
Lipata, G.R. No. 200302, 2016)
Prosecutor in a preliminary investigation?
A: Decisions of the Chief State Prosecutor, Regional
B. APPEALS FROM THE OFFICE OF State Prosecutors and Provincial/City Prosecutors
THE OMBUDSMAN may only be appealed from to the DOJ on grounds of
manifest error or grave abuse of discretion. (2008
Q: May a motion for reconsideration be filed from NPS Manual, Part IV, Sec. 4).
the resolution of the investigating prosecutor?
A: Only one motion for reconsideration or A motion for reinvestigation may be filed on grounds
reinvestigation of an approved order or resolution that new and material evidence has been discovered
shall be allowed, the same to be filed within five(5) which petitioner could not, with reasonable diligence,
days from notice thereof with the Office of the have discovered during the preliminary investigation
Ombudsman, or the proper Deputy Ombudsman as and which if produced and admitted would probably
the case may be, with the corresponding leave of change the resolution. (2008 NPS Manual, Part IV,
court in cases where the information has already Sec. 7).
been filed in court. (Rule II, Sec. 7, Rules of
Procedure of the Office of the Ombudsman) Q: Can the courts rule on the validity of the
Q: Will the filing of a motion for reconsideration existence of lack of probable cause?
or reinvestigation serve as a bar to the filing of A: No. The settled policy is that the courts will not
the information in court? interfere with the executive determination of probable
A: The filing of a motion for reconsideration or cause for the purpose of filing an information, in the
reinvestigation shall not bar the filing of the absence of grave abuse of discretion. That abuse of
corresponding information in Court on the basis of discretion must be so patent and gross as to amount
the finding of probable cause in the resolution subject to an evasion of a positive duty or a virtual refusal to
of the motion. (Rule II, Sec. 7, Rules of Procedure of perform a duty enjoined by law or to act at all in
the Office of the Ombudsman) contemplation of law, such as where the power is
exercised in an arbitrary and despotic manner by
Q: Which remedy may an aggrieved party avail of
reason of passion or hostility. (Metropolitan Bank and
against resolutions of the Ombudsman in Trust Co. V. Tobias, G.R. No. 177780, 2012)
criminal or non-administrative cases?
A: The law is silent. Hence, appeal is not available as Q: Can the Secretary of Justice conduct
a remedy because the right to appeal is a statutory automatic review of the Provincial Prosecutor's
privilege and may be availed of only if there is a affirmance of former resolutions issued by
statute to that effect. However, an aggrieved party is previous investigating prosecutors without
not without remedy, as he can resort to the special conducting an actual reinvestigation of the case?
civil action of certiorari under Rule 65. Absent any A: Yes. The Secretary of Justice is empowered to
showing of grave abuse of discretion, the SC will not review the actions of the Provincial Fiscal during the
preliminary investigation or the reinvestigation by
interfere and overturn the findings of
virtue of Section 4, Rule 112 of the Rules of Court
probable cause in investigating criminal complaints.
which recognizes the Secretary of Justice's power to
(Arroyo v. Sandiganbayan, G.R. No. 210488, 2020) review the actions of the investigating prosecutor,
even motu proprio. (Fortaleza v. Gonzales, G.R. No.
179287, 2016)

Q. If the Secretary of Justice reverses an
Preliminary Investigation, and the Prosecutor

subsequently moves for the withdrawal of the
Information, is the Court bound to grant the
motion?
A: Once a complaint or information is filed in Court
any disposition of the case as its dismissal or the
conviction or acquittal of the accused rests in the
sound discretion of the Court. Although the fiscal
retains the direction and control of the prosecution of
criminal cases even while the case is already in Court
he cannot impose his opinion on the trial court. The
Court is the best and sole judge on what to do with
the case before it. (Crespo v. Mogul, G.R. No. L-
53373, 1987)
D. APPEALS FROM THE

SANDIGANBAYAN
Q: What is the method for an appeal in criminal

cases decided by the Sandiganbayan in the
exercise of its original jurisdiction?
A: The appeal to the Supreme Court in criminal
cases decided in the exercise of its original
jurisdiction shall be by notice of appeal filed with the
Sandiganbayan. (Rule XI, Sec. 1(a), 2018 Revised
Internal Rules of the Sandiganbayan)
Q: What is the method for an appeal in criminal

cases decided by the Sandiganbayan in the
exercise of its appellate jurisdiction?
A: The appeal to the Supreme Court in criminal
cases decided in the exercise of its appellate
jurisdiction shall be by petition for review on certiorari
under Rule 45 of the Rules of Civil Procedure. (Rule
XI, Sec. 1(a), 2018 Revised Internal Rules of the
Sandiganbayan)

It is not required that the notice be received by the

V. PROCEDURE IN TAX CASES
taxpayer within the prescribed period. But the
sending of the notice must clearly be proven. (Basilan
Q: What are the powers of the Commissioner of Estate v. CIR, G.R. No. L-22492, 1967)
Internal Revenue (CIR)?
A: CIR has the power to interpret tax laws, decide Q: May the period of assessment be extended?
(assessment/refund) cases, obtain information, A: Yes. Before the expiration of the 3-year
summon/examine, take testimony, examine returns, prescriptive period, both the CIR and the taxpayer
and make findings based on best evidence may agree in writing to extend the period of
obtainable if the taxpayer fails to submit required assessment. The period so agreed upon may be
documents. The Commissioner also has the power further extended by subsequent written agreement
to conduct inventory-taking surveillance, prescribe made before the expiration of the period previously
presumptive gross sales and receipts, prescribe real agreed upon. (Section 222(b), NIRC)
property values, inquire into bank deposits, accredit
and register tax agents, and in some instances,
Q: What are the requirements of a valid waiver of
terminate taxable period. (Sec. 4 to 8, NIRC)
the statute of limitations?
A: To be valid and binding, a waiver must comply with
the following requirements:
What are the requisites for valid assessment? 1. The waiver must be in the proper form
1. It must have been issued within the prescriptive prescribed by the Revenue Memorandum Order
period for the issuance of assessment notices; or Circular. The expiry date of the period agreed
2. As a general rule, it may be issued only after a upon to assess/collect the tax after the regular
pre-assessment notice (PAN) has been served 3-year period of prescription should be
upon the taxpayer; indicated.
3. There is final demand for payment; 2. The waiver must be signed by the taxpayer
4. It shall state, in writing, the law and the facts on himself or his duly authorized representative. In
which the assessment is made (NIRC, Sec. the case of a corporation, the waiver must be
228); and signed by any of its responsible officials. In case
5. The assessment must be served on and the authority is delegated by the taxpayer to a
received by the taxpayer (CIR v. Pascor Realty representative, such delegation should be in
writing and duly notarized.
3. The waiver should be duly notarized.
Section 228 requiring that the legal and factual bases 4. The CIR or the revenue official authorized by
be stated in writing is substantially complied with him must sign the waiver indicating that the BIR
when such can be found in a series of has accepted and agreed to the waiver. The
correspondence between the BIR and the taxpayer date of such acceptance by the BIR should be
indicated. However, before signing the waiver,
(Samar-I Electric Cooperative v. CIR, G.R. No. the CIR or the revenue official authorized by him
193100, 2014). must make sure that the waiver is in the
prescribed form, duly notarized, and executed
Q: What are the prescriptive periods for making by the taxpayer or his duly authorized
assessments of internal revenue taxes? representative.
5. Both the date of execution by the taxpayer and
Three (3) years from the last day within which to date of acceptance by the Bureau should be
file a return or from the time when the return was before the expiration of the period of
actually filed, whichever is later (Sec. 203, NIRC); prescription or before the lapse of the period
Ten (10) years from discovery of failure to file the agreed upon in case a subsequent agreement
tax return or discovery of falsity or fraud in the is executed. (CIR v. Kudos Metal Corporation,
return (Sec. 222(a), NIRC); or G.R. No. 178087, 2015 citing RMO 20-90)
Within the period agreed upon between the
government and the taxpayer where there is a The general rule is that a defective waiver cannot
waiver of the prescriptive period of the extend the prescriptive period. However, take note
assessment. (Sec. 222(b), NIRC) that when the taxpayer is also guilty of causing
defects in the waiver (i.e., in bad faith), the waiver
Q: When is the date of mailing considered the shall still be considered valid and shall thus serve to
date when assessment is made for the purpose extend the period to assess and/or collect. (CIR v.
of determining if made within the prescriptive Next Mobile, Inc., G.R. No. 212825, 2015)
period?
A: An assessment is deemed made when notice to Note: RMO 14-2016 and RMC 141 - 2019 has
this effect is released, mailed or sent to the taxpayer. changed and relaxed the requirements of a waiver of
the statute of limitations. There is no strict format of Corporation v. CIR, G.R. No. 172509,
waiver the taxpayer may utilize any form with no February 4, 2015)
effect on its validity. Further, notarization is only 3. Taxpayer Cannot be located in
optional and the date of acceptance by the BIR address;(CIR v. BASF Coating, G.R. No.
Officer is no longer required to be indicated for the 198677, November 26, 2014)
s validity. 4. A warrant of distraint and levy is served (not
only issued) and No property could be
HOWEVER, such issuances contravene existing found;
jurisprudence on the requirements of valid waiver. As 5. Taxpayer is Out of the Philippines. (Sec.
stated in CIR v. Kudos Metal Corporation, a waiver of 223, NIRC)
the statute of limitations, being a derogation of the
prolonged and A. TAXPAYER REMEDIES UNDER
unscrupulous investigations, must be carefully and THE NIRC, AS AMENDED
strictly construed. The SC's ruling as provided above
is based on Sec. 222(b) of the 1997 NIRC which Q: What are the remedies available to a taxpayer
describes a waiver as an agreement in writing by in case of:
both the CIR and the taxpayer. Both RMO 14-2016
and RMC 141-2019 have for their premise that a 1. Denial of protest; and
waiver is a unilateral undertaking which contravenes 2.
the law and jurisprudence. authorized representative?
A:
Q: ABC Bank executed two (2) Waivers of the a. If the protest is denied, in whole or in part,
Defense of Prescription covering internal the taxpayer may either:
revenue taxes due for the years 2012 and 2013, (1) Appeal to the CTA within 30 days from
extending the period of the BIR to assess up to date of receipt of decision; or
December 31, 2017. A Formal Letter of Demand (2) Elevate protest through request for
was issued by the BIR which was protested by reconsideration to the Commissioner
ABC Bank. ABC received another Formal Letter within 30 days from date of receipt of
of Demand with a reduced assessment which decision.
was paid by ABC on the same day except for two b. If the protest is not acted upon within 180
other taxes. ABC argues that the waivers it days from the date of filing protest
executed were not valid because it was not (reconsideration) or from the date of
signed or conformed to by the CIR. Are the submission by the taxpayer of required
waivers valid? documents (reinvestigation), the taxpayer
A: Yes. Partial payment of the assessment issued may either:
within the extended period to assess as provided in (1) Appeal to the CTA within 30 days after
the Waiver of Defense of Prescription is an implied the expiration of the 180-day period; or
admission of the validity of the waiver. (RCBC v. CIR, (2) Await the final decision of the
GR No. 170257, September 7, 2011)
representative. (RR 18-2013)
Nevertheless, ABC Bank did not waive the defense
of questioning the remaining tax deficiencies. A Q: What are the remedies available to a taxpayer
taxpayer is not precluded from impugning legality of in case of the inaction of the CIR on the protested
waiver even though the taxpayer paid the assessment?
assessment for a tax type (e.g., income tax) where A: The taxpayer has 2 options, either:
TP continued to assert prescription for another tax
type (e.g., VAT). (CIR v. Standard Charterered Bank, 1. File a Petition for Review with the CTA within
G.R. 192173, Jul. 29, 2015) 30 days after the expiration of the 180-day
period; or
Q: When is the running of the period of 2. Await the final decision of the CIR in the
prescription suspended? disputed assessment and appeal such final
A: It is suspended when: (P-R-C, N-O) decision to the CTA within 30 days after the
receipt of the copy of such decision.
1. The CIR was Prohibited from making the
assessment or beginning distraint/levy or a Note: These options are mutually exclusive and
proceeding in court for sixty (60) days resort to one bars the application of the other.
thereafter; (Lascona Land v. CIR, GR No. 171251, March 5,
2. Taxpayer requests Reinvestigation which 2012)
is granted by the CIR;(China Bank

Q: What is the difference between Preliminary need not be issued. (CIR v. Metro Star, GR No.
Assessment Notice, Final Assessment Notice 185371, Dec. 8, 2010)
and Final Decision on Disputed Assessment?
A: Q: What acts of the BIR Commissioner are
It is a communication issued by the considered denials of protest which may serve as
Regional Assessment Division or by the a basis for appeal to the Court of Tax Appeals?
PAN
Commissioner or his duly authorized 1. Filing by the BIR of a civil suit for collection of
representative informing the taxpayer the deficiency tax is considered a denial of the
who has been audited of the findings of request for reconsideration. (CIR v. Union
the Revenue Officer following the review Shipping Corporation, GR No. L-66160, May 21,
and evaluation of these findings. 1990)
2. An indication to the taxpayer by the
It shall be in writing and shall show in
final denial on the issuance
detail the facts and the law, rules and
of the warrant of distraint and levy. The
regulations or jurisprudence on which the
subject of appeal is the final decision, not the
proposed assessment is based;
warrant of distraint. (Advertising Associates Inc.
otherwise, the assessment is void. (Sec.
v. CA, G.R. No. L-59758, Dec. 26, 1984)
228, NIRC; RR No.18-13)
3. A BIR demand letter sent to the taxpayer after
his protest of assessment notice is considered
It is a declaration of deficiency taxes
as the final decision of the Commissioner on the
FAN issued to a taxpayer who fails to respond
protest. (CIR v. Ayala Securities, G.R. No. L-
to a PAN within the prescribed period, or
24985, March 31, 1976)
whose reply is found to be without merit.
4. A letter of the BIR Commissioner reiterating to
a taxpayer his previous demand to pay an
Like the PAN, shall be in writing and shall assessment is considered a denial of the
show in detail the facts and the law, rules request for reconsideration or protest and is
and regulations or jurisprudence on which appealable to the CTA. (CIR v. Isabela Cultural
the proposed assessment is based; Corp., G.R. No. 135210, July 11, 2001)
otherwise, the assessment is void. (RMC 5. Final notice before seizure considered as
No. 18-13)
for reconsideration, when the taxpayer received
It indicates the decision of the
no other response. (CIR v. Isabela Cultural
FDDA Commissioner of Internal Revenue or his
Corp., G.R. No. 135210, July 11, 2001)
duly authorized representative and it shall
state the facts and the law, rules and
regulations or jurisprudence on which the Q: Allied Banking Corporation received from the
BIR a PAN, which it timely disputed. In response,
decision is based; otherwise, it is void.
the BIR issued a Formal Letter of Demand with
(RMC No. 18-13)
Assessment Notices. Instead of protesting the
FAN, the petitioner filed a Petition for Review with
Q: A Final Assessment Notice was issued by the the CTA. The CTA dismissed the Petition stating
BIR against taxpayer A. The assessment only that it is neither the assessment nor the formal
contained a tabulation of the deficiencies and demand letter itself that is appealable before it,
nothing more. Is the assessment valid? but the decision of the CIR on the disputed
A: No. Under Section 228 of the NIRC, the taxpayer assessment. Can the Formal Letter of Demand be
shall be informed in writing of the law and facts on construed as the final decision of the CIR
which the assessment was made otherwise the appealable to the CTA under RA No. 9282?
assessment is void. (CIR v. United Salvage and A: Yes, this is considered an exception to the general
Towage (Phils.), Inc., G.R. 197515, July 2, 2014). rule on exhaustion of administrative remedies. The
CIR is considered estopped from claiming the same
Q: What is the effect if the PAN was not issued principle. The tenor of the demand letter is clear
prior to the FAN? that that CIR had already made a final decision
A: If the PAN is not issued before the FAN and the and that the remedy of the Petitioner was to appeal
taxpayer only received the latter, it is tantamount to the same within thirty (30) days of receipt. This can
denial of due process. The taxpayer must be
informed of the facts and laws upon which the unequivocal
assessment is made. It is not merely a formal language pointing to the finality of the decision. While
requirement but a substantive one. However, the law the Court cited the rules relative to (a) protesting the
recognizes several exceptions wherein the PAN FAN and not the PAN and (b) counting the 30-day
period to appeal to the CTA from receipt of the

decision of the CIR and not issuance of the International Corporation, G.R. No. 161759, July 2,
assessment, this particular case was deemed a clear 2014).
(Allied
Banking Corporation v. CIR, GR No. 175097, Q: What are the implications after a criminal
February 5, 2010) conviction for tax evasion?
A: Under the Revised Rules of the Court of Tax
Q: Can a protest on pre-assessment notices be Appeals (RRCTA), the civil action filed by the
filed directly to the CTA via petition for review? petitioner to question the FDDA is not deemed
A: Generally, no. The protest should be first done by instituted with the criminal case for tax evasion. The
filing a request for reconsideration before the CIR. If taxpayer's obligation to pay the tax is an obligation
that is created by law and does not arise from the
taxpayer may appeal the case before the CTA. An offense of tax evasion, as such, the same is not
exception to this rule is when the wording of the deemed instituted in the criminal case.
notice makes it appear that the notice is the final
decision of the CIR, such as in the case of Allied What is deemed instituted with the criminal action is
Banking v. CIR. (Allied Banking Corporation v. CIR, only the government's recovery of the taxes and
G.R. No. 175097, February 5, 2010) penalties relative to the criminal case. The remedy of
the taxpayer to appeal the disputed assessment is
Q: U Corp was assessed deficiency income not deemed instituted with the criminal case.
taxes. U Corp protested the assessment. BIR,
without ruling on the protest, issued a warrant of Q: What are the requisites for filing a claim for
distraint and levy. U Corp requested refund?
reinvestigation and reconsideration of issuance
of the warrant. Thereafter, BIR filed a collection 1. Necessity of written claim for refund;
suit to collect the taxes. U Corp then filed a Exceptions: No written claim is needed:
petition for review with the CTA, on the theory A return filed showing an overpayment
that its period to appeal only began to run from shall be considered as a written claim for
its receipt of summons in the civil collection credit or refund (NIRC, Sec. 204[C])
case. BIR argued the appeal was filed out of time, On the face of the return upon which the
as the period began to run when the warrant of payment was made, such payment
distraint and levy was issued. Who is correct? appears clearly to have been erroneously
A: U Corp is correct. Under the circumstances, the paid (NIRC, Sec. 229)
CIR did not clearly signify his final action on the 2. Claim must contain a categorical demand for
disputed assessment. Thus, it was only when U Corp reimbursement (Bermejo v. CIR, G.R. No. L-
received the summons on the civil suit for collection 3029, 1950); and
of deficiency income that the period to appeal 3. Filing of administrative claim for refund and the
commenced to run. The request for reinvestigation suit/proceeding before the CTA both within 2
and reconsideration was in effect considered denied years from date of payment regardless of
by the CIR when the latter filed a civil suit for any supervening cause.
collection of deficiency income. (CIR v. Union
Shipping Corporation, GR No. L-66160, May 21, Note: The suit may be maintained whether or not
1990) such tax/penalty/sum has been paid under protest; If
proven that the entity is tax exempt, then the
Q: A and B are engaged in importation of textile. previously paid tax can be refunded but the claim is
B is 100% owned by A. The District Collector of still subject to the prescriptive period of 2 years. (CIR
the Port of Manila issued an assessment against vs. Manila Electric Company, G.R. No. 181459,
A. Collector of Customs (COC) made a demand 2014)
on A on November 25, 1998. On July 2, 1999, the
COC made a final demand upon both A and B. B Q: May a withholding agent file a claim for tax
filed a protest arguing that it is not a party liable refund?
for the assessed taxes. COC denied the protest A: Generally, the person entitled to claim a tax refund
on July 12, 1999. On July 30, 1999, B appealed to is the taxpayer. However, if the taxpayer does not file
CTA. COC responded that CTA has no the claim, the withholding agent may file the same.
jurisdiction since the appeal was filed beyond the
30-day reglementary period. Is the COC correct? A withholding agent has a legal right to file a claim for
A: No, the reglementary period should be counted refund based on the following reasons:
from July 12, 1999 because it was on this date that He is considered a taxpayer, as he is
the COC has denied the protest of B. The final personally liable for the withholding tax as
demand made on November 25, 1998 did not bind well as for deficiency assessments,
B as it was addressed only to A. (COC v. Oilink surcharges, and penalties, should the
amount withheld be finally found to be less B. GOVERNMENT REMEDIES UNDER

than the amount that should have been THE NIRC, AS AMENDED
withheld.
As an agent of the taxpayer, his authority to Q: What are the remedies available to the
file the income tax return and remit the tax
withheld to the government includes the government?
authority to file a claim for refund and to A: Administrative remedies are as follows:
bring an action for recovery of such claim. Distraint: seizure by the government of
personal property, tangible or intangible, to
Note: While the withholding agent has the right to enforce payment of taxes; followed by the
recover the taxes erroneously or illegally collected, public sale of such property, if the taxpayer
he nevertheless has the obligation to remit the same
fails to pay the taxes voluntarily
to the principal taxpayer under the principle of unjust
enrichment. (CIR v. Smart Communications, G.R. o Actual: resorted to when there is
Nos. 179045-46, August 25, 2010) actual delinquency in tax payment
(NIRC, Sec. 207[A])
Q: What are the requisites for claim for tax credit o Constructive: a preventive remedy
or refund of a creditable withholding tax? which aims at forestalling a possible
1. Claim must be filed within the two-year when delinquency sets in hence,
prescriptive period from date of payment
no actual delinquency in payment is
of the tax
2. It must be shown on the return that the necessary. (NIRC, Sec. 206)
income received was declared as part of Levy: seizure by the government of real
gross income property to enforce payment of taxes;
3. The fact of withholding must be followed by the public sale of such property,
established by a copy of a statement duly if the taxpayer fails to pay the taxes
issued by the payor to the payee showing voluntarily.
the amount paid and the amount of tax
withheld. (Banco Filipino v. CA, GR No.
155682, March 27, 2007; CIR v. Team Judicial remedies are as follows:
(Philippines) Operations Corporation, G.R. Civil Action
No. 179260, April 2, 2014; See also CIR v. Criminal Action
PNB, G.R. No. 180290, September 29,
2014) The above remedies may be pursued singly or
simultaneously at the discretion of the revenue
Q: Can deficiency VAT be offset against claims
for refunds or tax credits of input tax under Sec. authorities, but the assessment must be final and
112, of the NIRC? executory with regard to judicial remedies (except in
A: No, a claim for tax refund or credit under Section relation to false or fraudulent return under Section
112 of the NIRC where the issue to be resolved is 222).
whether a taxpayer is entitled to a refund or credit of
its unutilized input VAT for the taxable year cannot be
subject to compensation. It would be unfair to allow
property under constructive distraint?
the CIR to use a claim for refund under Section 112
of the NIRC as a means to assess a taxpayer for any A: The Commissioner may place under constructive
deficiency VAT, especially if the period to assess had distraint the property of the following:
already prescribed. The courts have no assessment delinquent taxpayer or
powers, and therefore, cannot issue assessments any taxpayer who, in his opinion, is:
against taxpayers. Offsetting was allowed only in retiring from any business subject to tax
cases of claim for tax refund of erroneously or
illegally collected taxes under Section 229 because or
the determination of the taxpayer's liability is intending to:
intertwined with the resolution of the claim for tax o leave the Philippines
refund (Commissioner of Internal Revenue, vs. o to remove his property
Toledo Power Company, G.R. No. 196415, therefrom
December 2, 2015). o to hide or conceal his property
o to perform any act tending to
obstruct the proceedings for

collecting the tax due or which patently in violation of the law (Sps. Pacquiao v. CTA,
may be due from him (NIRC, G.R. No. 213394, 2016).
Sec. 206).
C. COURT OF TAX APPEALS
Q: Is an assessment necessary before the filing
of criminal complaints? Q: Who has the jurisdiction over a special civil
A: No, an assessment is not necessary before filing action for certiorari assailing an interlocutory
order issued by the Regional Trial Court (RTC) in
of criminal complaint. However, in cases where a
a local tax case?
false or fraudulent return is submitted or in cases of A: The Court of Tax Appeals has jurisdiction. Section
failure to file a return such as this case, proceedings 1, Article VIII of the 1987 Constitution provides that
in court may be commenced without an assessment. judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by
In this case, the criminal charge is filed directly with law and that judicial power includes the duty of the
the DOJ. Thereafter, the taxpayer is notified that a courts of justice to settle actual controversies
involving rights which are legally demandable and
criminal case had been filed against him, not that the
enforceable, and to determine whether or not there
commissioner has issued an assessment. It must be has been a grave abuse of discretion amounting to
stressed that a criminal complaint is instituted not to lack or excess of jurisdiction on the part of any branch
demand payment, but to penalize the taxpayer for or instrumentality of the Government.
violation of the Tax Code. (CIR v. Pascor Realty and
). On the strength of the above constitutional
provisions, it can be fairly interpreted that the power
of the CTA includes that of determining whether or
Q: What is the anti-injunction rule?
not there has been grave abuse of discretion
A: The Anti-Injunction Rule provides that no court amounting to lack or excess of jurisdiction on the part
shall have the authority to grant an injunction to of the RTC in issuing an interlocutory order in cases
restrain the collection of any national internal revenue falling within the exclusive appellate jurisdiction of the
tax, fee or charge imposed by this Code. (NIRC, Sec. tax court. It, thus, follows that the CTA, by
218). constitutional mandate, is vested with jurisdiction to
issue writs of certiorari in these cases (CA Casecan
Water v. Province of Nueva Ecija, G.R. No. 196278.
Exception:
June 17, 2015)
There is an appeal to the Court of Tax
Appeals, and Q: Is a prior MR/ Motion for new trial necessary
The collection of the amount of the for the CTA En Banc to take cognizance of an
appeal?
demand for payment, by levy, distraint or A: Yes, Section 1, Rule 8 of the Revised Rules of the
sale of any property of the taxpayer, or by
resolution of the Court in Division must be preceded
whatever means, as provided under existing by the filing of a timely motion for reconsideration or
laws, may jeopardize the interest of the new tria (Asiatrust Development
Government or the taxpayer (RA 1125, Bank v CIR, G.R. Nos. 201530 & 201680-81, April
Sec. 10; Rule 10, RRCTA), and 19, 2017)
The movant shall deposit with the Court an
amount in cash equal to the value of the Q: Under dispute is the VAT assessment made by
the BIR against the sale of properties made by a
property or goods under dispute or filing with
GOCC. The latter paid the tax under protest and
the Court of an acceptable surety bond in an subsequently filed with the Department of Justice
amount not more than double the disputed a petition for adjudication of dispute. Are tax
amount or value (Rule 10, RRCTA). assessment disputes solely between
government agencies and offices, including
Note that the CTA has ample authority to issue GOCCs, fall under the jurisdiction of the
injunctive writs to restrain the collection of tax and to Secretary of Justice?
A: Yes. Under PD 242, all disputes and claims solely
even dispense with the deposit of the amount
between government agencies and offices, including
claimed or the filing of the required bond, whenever GOCCs, shall be administratively settled or
the method employed by the CIR in the collection of adjudicated by the Secretary of Justice, the Solicitor
tax jeopardizes the interests of a taxpayer for being General, or the Government Corporate Counsel,
depending on the issues and government agencies
involved. (Power Sector Assets and Liabilities Jurisdiction of CTA En Banc

Management Corporation vs. Commissioner of
Internal Revenue G.R. No. 198146. August 8, 2017) Exclusive appellate jurisdiction to review by appeal:
Decisions or resolutions on motions for
Q: What is the jurisdiction of the Court of Tax reconsideration or new trial:
Appeals?
A: 1. Of the CTA Division in the exercise of its
Jurisdiction of CTA in Division exclusive appellate jurisdiction
a. over tax collection cases decided by
Exclusive original or appellate jurisdiction to review the RTC in the exercise of their
by appeal: original jurisdiction involving final and
executory assessments for taxes,
1. Decisions of the CIR in cases involving fees, charges and penalties, where
disputed assessments, refunds of internal the principal amount of taxes and
revenue taxes, fees or other charges, penalties is less than P1M;
penalties in relation thereto, or other matters b. over cases involving criminal
arising under the 1997 Tax Code or other offenses arising from violations of the
laws administered by the BIR. Tax Code and other laws administers
2. Inaction by the CIR in cases involving: by the BIR.
a. Disputed assessments
b. Refunds of internal revenue taxes, 2. Of the CTA Division in the exercise of its
fees or other charges or penalties in exclusive and original jurisdiction
relation thereto, a. over tax collection cases;
c. Other matters arising under the Tax b. over cases involving criminal offenses
Code arising from violations of the Tax Code
d. Other laws administered by the BIR and other laws administers by the BIR.
where the Tax Code or other
applicable law provides a specific 3. Of the RTC in the exercise of their appellate
period for action. jurisdiction
e. Other laws administered by the BIR a. over tax collection cases
where the Tax Code or other b. over criminal offenses.
applicable law provides a specific
period for action. Q: When is there an automatic review by the
Secretary of Finance on customs cases?
Exclusive jurisdiction over cases involving criminal A: Decisions of the Commissioner of Customs which
offenses: are adverse to the Government under Section 1128
1. All criminal offenses arising from the Tax Code or of the Customs Modernization and Tariff Act shall be
other laws administered by the BIR where the elevated to the Secretary of Finance for automatic
principal amount of taxes and fees, exclusive of review. (See Sec. 1128, CMTA and Sec. 7, RA 9282)
charges and penalties claimed is
a. P1M or more Original Jurisdiction Q: AB was assessed for income tax deficiency.
b. P1M or less or where there is no specified AB failed to file a protest and thus the said
amount claimed Appellate Jurisdiction assessment has become final and unappealable.
Thereafter, AB filed a petition for review to the
Exclusive jurisdiction over tax collection cases: CTA arguing that the right of the CIR to collect the
assessed tax has prescribed. The CIR contends
1. Tax collection cases involving final and that the CTA has no jurisdiction because when
executory assessments for taxes, fees, the law says that the CTA has jurisdiction over
charges and penalties, where the principal
amount of taxes and fees, exclusive of assessment has not become final and
charges and penalties claimed is
A. P1M or more Original Jurisdiction A: No. The fact that an assessment has become final
2. Appellate jurisdiction over appeals from the for failure of the taxpayer to file a protest within the
judgments, resolutions or orders of the RTC time allowed only means that the validity or
in tax collection cases originally decides by correctness of the assessment may no longer be
them within their respective territorial questioned on appeal. The validity, however, of the
jurisdiction assessment itself is a separate and distinct issue
from the issue of whether the right of the CIR to
collect the validly assessed tax has prescribed. This
issue of prescription, being a matter provided for
by the NIRC, is well within the jurisdiction of the or (2) files a surety bond for not more than double the
CTA to decide. (Commissioner of Internal Revenue amount. However, although the imposition of surety
v. Hambrecht & Quist Philippines, Inc., GR No. bond is within the authority of the Courts, it behooved
169225, November 17, 2010) the authorities to consider other factors recognized
by the law itself towards suspending the collection of
Q: Does the CTA have jurisdiction over matters the assessment, and to ascertain whether there were
involving the constitutionality of regulations grounds to suspend the collection of the deficiency
issued by the BIR? assessment on the ground that such collection would
A: Yes. The CTA has exclusive jurisdiction to jeopardize the interests of the taxpayer such as when
determine the constitutionality or validity of tax laws, it would practically deny to the petitioner the
rules and regulations, and other administrative meaningful opportunity to contest the validity of the
issuances of the Commissioner of Internal Revenue. assessments, and would likely even impoverish it as
The CTA is of the same level as the Court of Appeals to force it out of business. The Court reiterated the
and possesses "all the inherent powers of a Court of established principle that the power to tax is not the
Justice." (BDO v. Republic, G.R. No. 198756, 2016) power to destroy.(Tridharma Marketing Corporation
v. CTA, G.R No. 215950, June 20, 2016)
NOTE: The BDO
pronouncement in British American Tobacco (G.R. Q: The City of Manila assessed ABC Co. and DEF
No. 163583, 2008), stating that the regular courts Co., together with their other sister companies,
have jurisdiction to rule upon the constitutionality of a increased rates of business taxes for the year
tax law or a regulation issued by the BIR. 2003 and the 1st to 3rd quarters of 2004. The
companies filed under protest and later filed an
Q: Is an adverse ruling of the Secretary of application for refund with the RTC, which it
Finance in the exercise of its power of review granted. City of Manila filed a petition for review
appealable to the Court of Tax Appeals? with the CTA, after the latter granted its request
A: Yes. Review by the Secretary of Finance pursuant for extension of time to file the petition for review.
to Section 4 of the NIRC, as amended, of a BIR May the 30-day period provided by law within
Ruling is appealable to the Court of Tax Appeals. which to appeal decisions of the RTC to the CTA
The Court opined the Court of Tax Appeals, albeit be extended?
impliedly, has jurisdiction over the appeal from A: Yes. RA 9282 states that the Petition for Review
shall be filed with the CTA following the procedure
arising under the NIRC or analogous to Rule 42 of the Revised Rules of Civil
other laws administered by the BIR. (Philippine Procedure. Such rule provides that the Petition for
American Life and General Insurance Company v. Review of an adverse judgment or final order of the
The Secretary of Finance and Commissioner of RTC must be filed with the Court of Appeals within:
Internal Revenue, G.R. No. 210987, November 24,
2014; Banco de Oro v. Republic, G.R. No. G.R. No. (1) The original 15-day period from receipt
198756, January 13, 2015) of the judgment or final order to be appealed;
(2) An extended period of 15 days from
Q: The CIR denied the protest made by a the lapse of the original period; and
domestic corporation regarding tax deficiency (3) Only for the most compelling reasons,
assessment for taxable year 2010. The another extended period not to exceed 15
corporation appealed said decision before the days from the lapse of the first extended
CTA through a Petition for Review with Motion to period. (Sec. 11, RA 9282)
Suspend Collection of Tax. The CTA issued a
resolution requiring the corporation to issue a Following by analogy, the 30-day original period for
bond amounting to P4.47 billion equivalent to the filing a Petition for Review with the CTA may be
deficiency assessment for income tax and VAT. extended for a period of 15 days. No further
extension shall be allowed thereafter, except only for
the most compelling reasons, in which case the
total equity for the years 2012 and 2013 amounted extended period shall not exceed 15 days.
only to P955 million and P916 million,
respectively. Did the CTA commit grave abuse of Q: Can a motion for reconsideration be filed on
discretion in requiring such amount of bond the amended decision of the court in division?
A: Yes. A motion for reconsideration filed on the
equivalent to the deficiency assessment? amended decision of the Court in Division is not a
A: Yes. Generally, Section 11 of RA No. 1125, as second motion for reconsideration, which is
amended, provides that the CTA may order the proscribed under the CTA Rules, in relation to the
suspension of the collection of taxes provided that 1997 Rules of Civil Procedure, as amended. (Mirant
the taxpayer either: (1) deposits the amount claimed;
(Navotas II) Corporation v. CIR, CTA EB Case No. Q: The Philippine Ports Authority (PPA) received
783, July 18, 2012) a letter from the City Assessor of Davao for the
assessment and collection of real property taxes
Q: Is a prior motion for reconsideration required against some of its properties. The PPA appealed
before filing a Petition for Review of a decision of the assessment to the LBAA which dismissed the
a CTA division? appeal. The PPA then appealed to the CBAA
A: Yes. The mandatory provisions of the Revised which upheld the decision of the LBAA. The PPA
Rules of the CTA re then filed a petition for certiorari with the CA,
of a decision or resolution of the Court in Division arguing that the taxation of its properties
must be preceded by the filing of a timely motion constituted grave abuse of discretion on the part
for reconsideration or new trial with the of the local government.
If you were one of the CA justices handling the

case, how would you rule? Explain.
A:
CTA En Banc could take cognizance of the petition amended, the CTA is given the exclusive appellate
for review concerning a case falling under its jurisdiction to review the decisions of the CBAA.
exclusive appellate jurisdiction, the litigant must
sufficiently show that it sought prior reconsideration power to determine whether or not there has been a
or moved for a new trial with the concerned CTA grave abuse of discretion in cases falling within its
division. (Commissioner of Customs v. Marina Sales, exclusive appellate jurisdiction, along with its power
Inc., G.R. No. 183868, November 22, 2010) to issue writs of certiorari. Therefore, I will dismiss
Philippine Ports
Q: Can a taxpayer appeal a decision of the CTA Authority v. The City of Davao, G.R. No. 190234,
division to the Supreme Court? 2018)
A: No. The Supreme Court is without jurisdiction to
review decisions rendered by a division of the CTA. Q: SMI is a PEZA-registered corporation which
The exclusive appellate jurisdiction over the said constructed buildings and purchased
case is vested in the CTA En Banc. With the machineries and equipment. However, it failed to
enactment of RA 9282, which took effect on 23 April commence operations, so it sold its buildings
2004, it elevated the rank of the CTA to the level of a and some of its machineries and equipment to
collegiate court, making it a co- equal body of the another PEZA-registered enterprise. SMI was
Court of Appeals. (Duty Free Philippines v. BIR, G.R. eventually dissolved.
No. 197228, October 8, 2014)
In its quarterly income tax return, it subjected the
Q: What is the status of the findings and entire gross sales of its properties to the 5%
conclusions of the CTA? preferential tax under the Special Economic Zone
A: The findings and conclusions of the CTA are Act. SMI then filed for an administrative claim for
accorded the highest respect and will not be lightly allegedly overpaid taxes.
set aside because by its very nature, it is dedicated
exclusively to the resolution of tax problems and has The BIR did not act on the claim, so SMI filed a
accordingly developed an expertise on the subject. petition for review before the CTA. The court
(Edison (Bataan) Cogeneration Corporation vs. ruled that the 5% preferential tax was not
Commissioner of Internal Revenue G.R. No. 201665. applicable and that they should have been
August 30, 2017) subjected to another category of tax.
Q: What court has jurisdiction to review SMI now argues that the CTA should not have
decisions or resolutions issued by the Division of subjected it to the appropriate category of tax in
the Court of Tax Appeals? its decision because it has no power to make an
A: CTA En Banc. Jurisdiction to review decisions or assessment. Decide.
resolutions issued by the Divisions of the CTA is no A: SMI is mistaken. RA 1125, as amended, gives the
longer with the CA but with the CTA En Banc. This
rule is embodied in Section 11 of RA 9282, which inaction in a case submitted to him or her. Here, the
CTA did not make an assessment - it was only a
resolution of a Division of the CTA on a motion for
reconsideration or new trial, may file a petition for inaction. In determining the proper category
(TFS, Incorporated v. that SMI should be subjected to, it was deciding on
Commissioner of Internal Revenue, G.R. No. an incidental matter necessary for the resolution of
166829, Apr. 19, 2010) the principal issue of whether or not SMI is entitled to

the refund. (SMI-ED Phil v. CIR G.R. No. 175410,

2014
Illustration of Remedy from Protest to Supreme Court

File a Petition for Review (Rule
42) to the CTA Division from:
CIR (1) Decision; or
Cases 1. Makes a decision 30 days from (2) expiration of the 180 days
within the 2. Does not act within 180 receipt of decision
or inaction
NOTE: TP can wait for the
jurisdiction days decision even after the 180
of the CTA days
Division
RTC*/SOF/STI/SoA/COC File a Petition for
makes a decision 30 days from receipt Review (Rule 42)
NOTE: If RTC exercises its appellate jurisdiction, of decision
to CTA Division
appeal to CTA en banc, NOT division
15 days
from receipt
File a Petition for File an MR in of decision
CTA Division the Division CTA Division
Review (Rule 43) to Decision
15 days from (mandatory) Decision
CTA En Banc
receipt of
decision
CTA En Banc
Decision
15 days from receipt of decision
Petition for Review
(Rule 45) to SC
File a Motion to Extend
Time to file a Petition
for Review with the SC
15 days
from receipt 15 days from receipt
of decision File MR with CTA En Banc of decision/resolution
CTA En Banc Decision/Resolution
(optional)
CBAA Decision/RTC
(in exercise of its File a Petition for
appellate jurisdiction)
Review (Rule 43)
to CTA En Banc

LOCAL TAX
Q: What are the remedies available to the taxpayer?
Remedies Grounds Procedure
PROTEST AGAINST AN The correctness of the 1. Local treasurer will issue a notice of
ASSESSMENT (LGC, Sec. amount of the assessment assessment;
195) 2. File a written protest with the local
treasurer within 60 days from the receipt of
the notice of assessment;
3. The treasurer shall decide within 60 days
from the time of its filing;
4. Appeal with the court of competent
jurisdiction within 30 days from:
- receipt of denial, or
- lapse of the 60- day period.
5. Taxpayer will then appeal to the CTA
within 30 days
CLAIM FOR REFUND OR Taxes erroneously paid and File a written claim for refund/tax credit with
TAX CREDIT (LGC, Sec. illegally collected. the local treasurer within 2 years from:
196) - Date of payment; or
- Date when the taxpayer is entitled to
a refund or credit.
QUESTION THE NEWLY 1. Appeal within 30 days from effectivity of

ENACTED ORDINANCE Any question on the the ordinance to the SOJ;
(LGC, Sec. 187 and 188) constitutionality or legality of 2. SOJ shall decide within 60 days from
tax ordinances or revenue receipt of the appeal;
measures 3. Within 30 days from receipt of the decision
or the lapse of the 60 day period without any
action from the SOJ, the aggrieved taxpayer
may go to court.
Q: What is the prescriptive period for assessment EXCEPTIONS: But those which have assessed
of local taxes, fees, or charges? before the effectivity of the LGC may be collected
A: GR: Local taxes, fees, or charges shall be within a period of 3 years from the date of
assessed 5 years from the date they became due. assessment. (LGC, Sec. 194)
No action for the collection of such taxes, fees, or
charges, whether administrative or judicial, shall be Q: When is the period of prescription within
instituted after the expiration of such period. which to assess and collect local taxes, fees, or
EXCEPTIONS: But those which have accrued before charges shall be suspended?
the effectivity of the LGC may be assessed within a a. When the treasurer is legally prevented from
period of 3 years from the date they became due. making the assessment of collection;
b. When the taxpayer requests for a reinvestigation
In case of fraud or intent to evade the payment of and executes a waiver in writing before expiration
taxes, fees, or charges, the same may be assessed of the period within which to assess or collect; and
within 10 years from discovery of the fraud or c. When the taxpayer is out of the country or
intent to evade payment. (LGC, Sec. 194) otherwise cannot be located. (LGC, Sec. 194)
Q: What is the prescriptive period for collection

of local taxes, fees, or charges?
A: GR: Local taxes, fees, or charges may be
collected within 5 years from the date of
assessment by administrative or judicial action. No
such action shall be instituted after the expiration of
said period.

REAL PROPERTY TAX d. Sale of real property at public auction (LGC,

Sec. 260)
Q: What are the remedies available to the LGU for e. Purchase of real property for want of bidder
the collection of real property tax? (LGC, Sec. 263)
1. Administrative remedies
a. Lien (LGC, Sec. 257) 2. Judicial remedies
b. Levy on real property (LGC Sec. 258 & 265)
c. Distraint (LGC, Sec. 254)
Q: What are the remedies available to the taxpayer?

Remedies Grounds Procedure
REMEDY To question the 1. Appeal to the LBAA within 60 days from date of receipt of the
AGAINST valuation of the real written notice of assessment
ASSESSMENT property 2. The LBAA has 120 days from receipt of the appeal to decide
3. If still unsatisfied, appeal to the CBAA within 30 days from
receipt of the decision
PAYMENT To question the 1. Pay under protest

UNDER assessment (i.e., 2. File a protest with the local treasurer within 30 days from
PROTEST reasonableness or payment
AND TAX correctness of the 3. Treasurer has 60 days to resolve the protest
REFUND OR amount assessed) 4. In case of denial or lapse of 60 days, follow the LBAA and
CREDIT CBAA rules on appeal above.
APPLICABLE Appeal 1. If unsatisfied with the decision of the CBAA, appeal to the CTA
TO BOTH En Banc within 30 days from receipt of decision.
REMEDIES 2. If still unsatisfied, appeal to SC within 15 days from the receipt
ABOVE of decision.
Q: Enumerate the process in contesting a real Q: When is the period of prescription within
property tax assessment. which to collect basic real property tax and any
1. Pay the tax under protest and annotation of other tax shall be suspended?
A: (1) The local treasurer is legally prevented from
2. File written protest with local treasurer within collecting the tax; (2) Owner of the property or the
30 days from payment of the tax person having legal interest therein requests for
3. Treasurer to decide within 60 days from reinvestigation and executes a waiver in writing
receipt of the protest (Sec. 252, LGC) before the expiration of the period within which to
4. appeal collect; and (3) Owner of the property or the person
to the LBAA within 60 days (Sec 226, LGC) having legal interest therein is out of the country or
5. LBAA to decide within 120 days otherwise cannot be located. (LGC, Sec. 270)
6. Appeal LBAA decision to CBAA within 30 days
from receipt of adverse decision
7. CBAA appealable to CTA en banc within 30
days from receipt of the adverse decision of
the CBAA
8. Appeal to SC within 15 days from receipt of
adverse decision of CTA
Q: What is the period to collect the basic real

property tax and any other tax?
A: GR: The period to collect is within 5 years from the
date they become due;
EXCEPTION: Within 10 years from discovery, in

case of fraud or intent to evade. (LGC, Sec. 270)

VI. PROCEDURE IN THE COURT OF 4. There is merit in the case

5. The cause is not entirely attributable to the
APPEALS fault or negligence of the party favored by
the suspension of the Rules 6.
A. RULE 44 ORDINARY APPEALED 6. There is lack of any showing that the review
CASES sought is merely frivolous and dilatory
7. The other party will not be unjustly
Q: What is Rule 44 on ordinary appealed case? prejudiced (Cruz v. CA, 2005)
A: These are additional rules governing ordinary
appeals from judgments or final orders of the RTC The appellee may move to dismiss the appeal with
rendered in the exercise of appellate jurisdiction. the Court of Appeals on any of the following grounds
under Rule 50, Sec. 1.
a. Order of transmittal of record
The failure of the appellant to make specific
Q: When should the original record be assignment of errors in his brief or page references
transmitted? to the record as required in this section is a ground
A: If the original record or the record on appeal is not for dismissal of the appeal (Rule 50, Sec. 1 par. f).
transmitted to the Court of Appeals within thirty (30) However, a liberal interpretation was applied in the
days after the perfection of the appeal, either party case of Philippine Coconut Authority v. Corona
may file a motion with the trial court, with notice to the International where the court gave due course to the
other, for the transmittal of such record or record on petition despite the lack of page reference to the
appeal. (Rule 44, Sec. 3) records.
b. Docketing of case d.
Q: How shall the case be docketed?

A: Within ten (10) days from receipt of said notice, A: Within forty-five (45) days from receipt of the
the appellant, in appeals by record on appeal, shall appellant's brief, the appellee shall file with the court
file with the clerk of court seven (7) clearly legible seven (7) copies of his legibly typewritten,
copies of the approved record on appeal, together mimeographed or printed brief, with proof of service
with the proof of service of two (2) copies thereof of two (2) copies thereof upon the appellant. (Rule
upon the appellee. Any unauthorized alteration, 44, Sec. 8)
omission or addition in the approved record on
appeal shall be a ground for dismissal of the appeal. e.
(Rule 44, Sec. 4)
c. filed?
A: Within forty-five (45) days from receipt of the
appellant's brief, the appellee shall file with the court
A: It shall be the duty of the appellant to file with the seven (7) copies of his legibly typewritten,
court, within forty-five (45) days from receipt of the mimeographed or printed brief, with proof of service
notice of the clerk that all the evidence, oral and of two (2) copies thereof upon the appellant. (Rule
documentary, are attached to the record, seven (7) 44, Sec. 9)
copies of his legibly typewritten, mimeographed or
printed brief, with proof of service of two (2) copies f. Time of filing memoranda in special
thereof upon the appellee. (Rule 44, Sec. 7) cases
General Rule Q: When should the memoranda in special cases

is a ground for dismissal of the appeal. be filed?
A: In certiorari, prohibition, mandamus, quo warranto
Exception: The period may be relaxed under the and habeas corpus cases, the parties shall file in lieu
following instances: of briefs, their respective memoranda within a non-
1. The case involves life, liberty, honor, or extendible period of thirty (30) days from receipt of
property the notice issued by the clerk that all the evidence,
2. oral and documentary, is already attached to the
participatory negligence on the part of the record.
client caused the delay
3. There are compelling circumstances

The failure of the appellant to file his memorandum benefit of those who did not join or were not made
within the period therefor may be a ground for parties to the appeal.
dismissal of the appeal. (Rule 44, Sec. 10)
Exception: Where the rights of such parties are so
Q: What is the difference between a brief and a interwoven aND dependent with each other as to be
memorandum? inseparable due to community of interests (Vda. de
BRIEF MEMORANDUM citing
As to Scope Tropical Homes v. Fortun, 1989)
Ordinary appeals Certiorari, prohibition,
mandamus, quo
B. RULE 46 ORIGINAL CASES
warranto, and habeas
a. To what actions applicable
corpus cases
As to the Time of Filing
Q: What actions does Rule 46 apply?
Filed within 45 days Filed within 30 days A: This Rule shall apply to original actions for
As to its Contents certiorari, prohibition, mandamus, and quo warranto.
Contents specified by Shorter, briefer, only
the Rules one issue involved no Petitions for habeas corpus excluded, being
subject index or governed by the rules on special proceedings.
assignment of errors;
just facts and law 1. Annulment of judgment - Rule 47
applicable 2. Certiorari, Prohibition, Mandamus - Rule 65
3. Quo Warranto - Rule 66
g. Questions that may be raised on
appeal b. Procedural outline for original
cases in the CA
Q: What questions may be raised on appeal?
A: Whether or not the appellant has filed a motion for Q: What is the procedure for original cases in the
new trial in the court below he may include in his CA?
assignment of errors any question of law or fact that A:
has been raised in the court below and which is within 1. Filing of the petition;
the issues framed by the parties. (Rule 44, Sec. 16) 2. Order to acquire jurisdiction over
respondents OR outright dismissal for failure
General Rule: Issues raised for the first time on to comply with requirements as to form and
appeal and not raised in the proceedings in the lower payment of docket and other legal fees;
court are barred by estoppel. Points of law, theories, 3. Require respondents to file comment within
issues, and arguments not brought to the attention of 10 days from notice;
the trial court should not be considered by a 4. Court may require filing of a reply or such
reviewing court, as these cannot be raised for the first other pleadings as it may deem necessary;
time on appeal. To consider the alleged facts and 5. Determination of factual issues, the court
arguments raised belatedly would amount to itself may conduct hearings or delegate
trampling the basic principles of fair play, justice, and reception of evidence on such issues to any
due process. (Imani v. MBTC, 2010) of its members or to an appropriate court,
agency, or office (may be delegated to a
Exceptions: member of the CA or a judge of the lower
1. Lack of jurisdiction over the subject matter; court who is NOT a public respondent);
2. When there are jurisprudential 6. Submission of memoranda, if required by
developments affecting the issues; the court
3. An issue not properly raised during trial
when there is a plain error; and
4. When the issued raised present a matter of
public policy (Del Rosario v. Bonga, 2001)
Q: What is the Effect of Reversal of Appealed

Judgment?
A: General Rule: The reversal of a judgment on
appeal is generally binding only to the parties in the
case appealed and does not affect or inure to the

C. RULE 47 ANNULMENT OF a. Effects of judgment of annulment

JUDGMENTS OR FINAL ORDERS
Q: What are the effects of judgment of
AND RESOLUTIONS
annulment?
a. Period to file action A: A judgment of annulment shall set aside the
Q: What is the period to file an action? questioned judgment or final order or resolution and
A: If based on EXTRINSIC FRAUD the action render the same null and void, without prejudice to
must be filed within four (4) years from its the original action being re-filed in the proper court.
discovery. If based on LACK OF JURISDICTION However, where the judgment or final order or
action does not prescribe since the judgment is void, resolution is set aside on the ground of extrinsic
but note that laches or estoppel can set in as an fraud, the court may, on motion, order the trial court
equitable bar to the action.
to try the case as if a timely motion for new trial
had been granted therein. (Rule 47, Sec. 7)
If based on DENIAL OF DUE PROCESS the action
does not prescribe. Lack of due process renders the
judgment void. An action to declare the nullity of a Q: When is the Prescriptive Period suspended?
void judgment does not prescribe. (Sps. Benatiro vs. A: The prescriptive period for the re-filing of the
Heirs of Cuyos, G.R. No. 161220, 2008) aforesaid original action shall be deemed suspended
from the filing of such original action until the finality
Q: How is the petition filed? What are the of the judgment of annulment. However, the
contents of the petition? prescriptive period shall not be suspended where the
A: The action shall be commenced by filing a verified extrinsic fraud is attributable to the plaintiff in the
petition alleging therein with particularity: original action. (Rule 47, Section 8); hence:
1. The facts and the law relied upon for
annulment;
2. General Rule: Prescriptive period for refiling the
substantial cause of action or defense, as original action shall be deemed suspended from filing
the case may be. a Rule 47 until finality of the judgment of annulment
The petition shall be filed in 3 clearly legible copies Exception: If the extrinsic fraud is attributable to the
(per Efficient Use of Paper Rule, A.M. No. 11-9-4- plaintiff in the original action prescriptive period
SC), together with: shall not be suspended
1. Sufficient copies corresponding to the
number of respondents. Q: What is the relief available from the judgment
2. Affidavits of witnesses or documents
of annulment?
supporting the cause of action; and
3. Certificate of non-forum shopping. A: The judgment of annulment may include:
1. Award of damages;
A certified true copy of the judgment or final order or 2.
resolution shall be attached to the original copy of the 3. Other relief.
petition intended for the court and indicated as such
by the petitioner. (Rule 47, Sec. 4) If the questioned judgment or final order or resolution
had already been executed, the court may issue:
Q: What are the actions that can be done by the 1. Orders of restitution or
court? 2. Other relief as justice and equity may
A: The court may:
warrant under the circumstances. (Rule 47,
1. Dismiss the petition outright, if it finds no
substantial merit in the petition, with Sec. 9)
specific reasons for such dismissal;
2. Give due course if the court finds prima Q: Where is the Annulment of Judgments or Final
facie merit in the petition, in which case Orders of MTC filed?
summons shall be served on the A: An action to annul a judgment or final order of a
respondent. (Rule 47, Sec. 5) Municipal Trial Court shall be filed in the Regional
Trial Court having jurisdiction over the former. It shall
be treated as an ordinary civil action and sections 2,
3, 4, 7, 8, and 9 of this Rule shall be applicable
thereto. (Rule 47, Sec. 10)

Q: What are the remedies from Rule 47? E. RULE 51 JUDGMENT;

1. If petition is denied Rule 45 to SC (if HARMLESS ERROR
question of law)
2. If question of fact no remedy left a. When Case Deemed Submitted for
3. If given due course (interlocutory) hence, Judgment
Rule 65 to SC
Q: When is a case deemed submitted for
judgment?
D. RULE 50 DISMISSAL OF APPEAL A: A case shall be deemed submitted for judgment:
1. In ordinary appeals.
Q: What are the grounds for dismissal of an
a. Where no hearing on the merits of the main
appeal? case is held, upon the filing of the last
A: Sec. 1, Rule 50 lists 9 grounds wherein the CA pleading, brief, or memorandum required by
may, on its own motion or on that of the appellee, the Rules or by the court itself, or the
dismiss an appeal. These are: expiration of the period for its filing.
1. Failure of the record on appeal to show on its face b. Where such a hearing is held, upon its
that the appeal was taken within the period fixed termination or upon the filing of the last
by these Rules; pleading or memorandum as may be
2. Failure to file the notice of appeal or the record on required or permitted to be filed by the court,
or the expiration of the period for its filing.
appeal within the period prescribed by these
2. In original actions and petitions for review.
Rules;
a. Where no comment is filed, upon the
3. Failure of the appellant to pay the docket and expiration of the period to comment.
other lawful fees as provided in section 5, Rule 40 b. Where no hearing is held, upon the filing of
and section 4 of Rule 41; (Bar Matter No. 803, the last pleading required or permitted to be
1998) filed by the court, or the expiration of the
4. Unauthorized alterations, omissions or additions period for its filing.
in the approved record on appeal as provided in c. Where a hearing on the merits of the main
section 4 of Rule 44; case is held, upon its termination or upon the
5. Failure of the appellant to serve and file the filing of the last pleading or memorandum as
may be required or permitted to be filed by
required number of copies of his brief or
the court, or the expiration of the period for
memorandum within the time provided by these
its filing.
Rules;
6. Absence of specific assignment of errors in the b. Questions that may be decided
appellant's brief, or of page references to the
record as required in section 13, paragraphs (a), Q: What are the questions that may be decided by
(c), (d) and (f) of Rule 44; the appellate court?
5. Failure of the appellant to take the necessary A; General Rule: The appellate court can only rule
steps for the correction or completion of the record on the basis of grounds raised as errors on appeal.
within the time limited by the court in its order;
Exception: The appellate court can rule on the basis
6. Failure of the appellant to appear at the
of grounds other than those raised as errors on
preliminary conference under Rule 48 or to
appeal in the following instances (Heirs of Loyola v.
comply with orders, circulars, or directives of the CA):
court without justifiable cause; and 1. grounds affecting jurisdiction over the
7. The fact that the order or judgment appealed from subject matter;
is not appealable. 2. evidently plain and clerical errors within the
contemplation of law;
3. in order to subserve the ends of justice;
4. matters raised in the trial court and are
matters of record having some bearing on
the issue which the parties failed to raise or
which the lower court ignored;
5. matters closely related to an error assigned;
and
6. those upon which the determination of a
question properly assigned is dependent.

c. The
Appellate Decisions F. RULE 53 NEW TRIAL
Q: What is the Harmless Error Rule in appellate Q: When can a motion for new trial be filed?
decisions? 1. File anytime as long as the case is active;
A: The Court at every stage of proceedings must 2. But the only ground is newly discovered
disregard any error or defect which does not affect evidence
substantial rights of parties.
At any time after the appeal from the lower court has
General Rule: Appellate court can only rule on basis been perfected and before the Court of Appeals loses
of grounds raised as errors on appeal. jurisdiction over the case, a party may file a motion
Exceptions: for a new trial on the ground of newly discovered
1. Those affecting jurisdiction over subject evidence which could not have been discovered prior
matter to the trial in the court below by the exercise of due
2. Evidently plain and clerical errors within diligence and which is of such a character as would
contemplation of law probably change the result. (Rule 53, Sec. 1)
3. In order to serve ends of justice
4. Matters raised in trial court having some
bearing on issue which parties failed to raise
or which lower court ignored
5. Matters closely related to error assigned
(Sps. Mario and Julia Campos v. Republic, G.R. No.
184371, 2014)
d. Entry and Execution of Judgment
Q: What is the date of entry and execution of

judgment?
A: The date when the judgment becomes executory
shall be deemed the date of its entry and not the date
of the actual mechanical act of writing out the final
decree or judgment in the book of entries of
judgments. The date of entry is important for
purposes of execution of judgment.
General Rule: The motion for its execution may only

be filed in the proper court after its entry.
Exception: Where the judgment or final order or

resolution, or a portion thereof, is ordered to be
immediately executory.
In original actions in the CA, its writ of execution

shall be accompanied by a certified true copy of the
entry of judgment or final resolution and addressed
to any appropriate officer for its enforcement.
In appealed cases, where the motion for execution

pending appeal is filed in the CA at a time that it is in
possession of the original record or the record on
appeal, the resolution granting such motion shall be
transmitted to the lower court from which the case
originated, together with a certified true copy of the
judgment or final order to be executed, with a
directive for such court of origin to issue the proper
writ for its enforcement

A: General Rule: An appeal to the Supreme Court

VII. PROCEDURE IN THE SUPREME
may be taken only by a petition for review on
COURT certiorari.
A. RULE 56-A ORIGINAL CASES Exception: Criminal cases where the penalty
imposed is death, reclusion perpetua, or life
a. Original cases cognizable imprisonment (Rule 56-B, Sec. 3)
Q: What original cases are cognizable by the b. Procedure

Supreme Court?
A: Only the following petitions may be filed originally Q: What is the procedure for appealed cases to
in the Supreme Court: the Supreme Court?
1. Certiorari A: The appeal shall be governed in accordance with
2. Prohibition the applicable provisions of the Constitution, laws,
3. Mandamus Rules 45, 48, Sections 1, 2, and 5 to 11 of Rules 51,
4. Quo warranto 52, 56-B. (Rule 56-B, Sec. 14
5. Habeas corpus
6. Disciplinary proceedings against members c. Grounds for dismissal of appeal
of the judiciary and attorneys
7. Cases affecting ambassadors, other public Q: What are the grounds for dismissal of appeal?
ministers, and consuls (Rule 56-A, Sec. 1) A: The appeal may be dismissed motu proprio or on
motion of the respondent on the following grounds:
b. Procedure 1. Failure to take the appeal within the
reglementary period
Q: What is the procedure for certiorari, 2. Lack of merit in the petition;
prohibition, mandamus, quo warranto, and 3. Failure to pay the requisite docket fee and
habeas corpus? other lawful fees or to make a deposit for
A: The procedure in these original cases shall be in costs;
accordance with the applicable provisions of the 4. Failure to comply with the requirements
Constitution, laws, and Rules 46, 48, 49, 51, 52 and regarding proof of service and contents of
56-A, subject to the following provisions: and the documents which should
1. All references in said Rules to the Court of accompany the petition;
Appeals shall be understood to also apply to 5. Failure to comply with any circular, directive,
the Supreme Court; or order of the Supreme Court without
2. The portions of said Rules dealing strictly justifiable cause;
with and specifically intended for appealed 6. Error in the choice or mode of appeal; and
cases in the Court of Appeals shall not be 7. The fact that the case is not appealable to
applicable; and the Supreme Court. (Rule 56-B, Sec. 5)
3. 18 clearly legible copies of the petition shall
be filed, together with proof of service on all d. Procedure if opinion is equally
adverse parties. divided
Q: What is the procedure for disciplinary actions Q: What is the procedure if the opinion is equally
against members of the judiciary? divided?
A: The procedure shall be governed by the laws and A: Where the court en banc is equally divided in
rules prescribed therefor. opinion, or the necessary majority cannot be had, the
case shall again be deliberated upon.
Q: What is the procedure for actions against
attorneys? If after such deliberation no decision is reached, the
A: The procedure shall be governed by Rule 139-B, original action commenced in the court shall be
as amended. (Rule 56-A, Sec. 2) dismissed. In appealed cases, the judgment or order
appealed from shall stand affirmed; and on all
B. RULE 56-B APPEALED CASES incidental matters, the petition or motion shall be
denied. (Rule 56-B, Sec. 7)
a. Mode of appeal
Q: What is the mode of appeal to the Supreme

Court?

3. Oath of Allegiance to the Republic of the

LEGAL ETHICS
Philippines;
4. Identification Certificate (IC) issued by the
Bureau of Immigration;
I. CODE OF PROFESSIONAL
5. Certificate of Good Standing issued by the
RESPONSIBILITY IBP;
6. Certification from the IBP indicating updated
Q: What are the qualifications for admission to payments of annual membership dues;
the bar under Sections 2, 5 and 6 of Rule 138 of 7. Proof of payment of professional tax; and
the ROC? (F21-Good-Resident-MEBORO) 8. Certificate of compliance issued by the
1. Filipino citizen; MCLE Office;
2. At least 21 years of age; 9. (In Re:
3. Of GOOD moral character; and, Petition to Re-acquire the Privilege to
4. A RESIDENT of the Philippines. Practice Law in the Philippines, B.M. No.
2112, July 24, 2012)
He must also show that (MEBORO):
1. No charges of Moral turpitude are filed or Q: What are the FOUR-FOLD DUTIES of a lawyer?
pending against him; (SPCC)
2. Possesses the required Educational A: Lawyers have duties to:
qualifications (including a 4-year pre-law 1. Society to be an exemplar for
degree in an authorized or recognized righteousness, ready to render legal aid,
university or college). foster social reforms, guardian of due
a. Must have already earned a process, aware of special role in the solution
of special problems, and be always ready to
Sciences (PRE-LAW); lend assistance in the study and solution of
b. LAW course - completed courses in social problems (Canons 1-6, CPR);
Civil Law, Commercial Law, 2. Legal Profession (fellow lawyers) to
Remedial Law, Criminal Law, observe candor, fairness, courtesy and
Public International Law, Political truthfulness, avoid encroachment on the
Law, Labor and Social Legislation, business of other lawyers, and uphold the
Medical Jurisprudence, Taxation, honor of the profession. (Canons 7-9, CPR);
Legal Ethics 3. Court as an officer of the court, to respect
3. Pass the Bar examinations (Secs. 14 & 17). or defend against criticisms, uphold
4. Taken an Oath before the Supreme Court; authority and dignity, obey orders and
5. Signed and registered in the Roll of processes, and assist in the administration
Attorneys; and of justice (Canons 10-13, CPR); and,
6. Other qualifications as may be prescribed by 4. Client, in that order to be devoted to the
the Supreme Court. (In Re: Cunanan, 94
Phil. 534, 1954) bounds (Canons 14-22, CPR) (Cruz v. Aliño-
Hormachuelos, A.M No. CA-04-38, 2004).
Q: What happens to a Filipino lawyer who
became a citizen of another country and later A. TO SOCIETY (CANONS 1-6)
reacquired Filipino citizenship under R.A. No.
9225? CANON 1: UPHOLDING THE CONSTITUTION
A: The Filipino lawyer remains a member of the AND OBEYING THE LAW
Philippine Bar. However, the right to resume the
practice of law is NOT automatic. DUTIES OF A LAWYER TO SOCIETY, IN
GENERAL
R.A. No. 9225 provides that a person reacquiring 1. Maintain allegiance to the Republic of the
Filipino citizenship, who intends to practice law in the Philippines;
Philippines, must apply with the Office of the Bar 2. Uphold the Constitution; and,
Confidant for a license or permit to engage in such 3. Obey the laws of the land.
practice, together with the following requirements:
1. Petition for reacquisition of Philippine SUMMARY OF RULES UNDER CANON 1
citizenship; 1. Not to engage in unlawful, dishonest,
2. Order for reacquisition of Philippine immoral, or deceitful conduct (Rule 1.01,
citizenship; CPR);

2. Not to counsel or abet illegal activities (Rule Q: What is AMBULANCE CHASING?

1.02, CPR); A: It is the solicitation of almost any kind of legal
3. Not to, for any corrupt motive or interest, business by an attorney, personally or through an
encourage any suit or proceeding or delay agent, in order to gain employment. (Linsangan v.
(Rule 1.03, CPR); and, Tolentino, A.C. No. 6672, 2009)
4. Encourage clients to avoid, end or settle a
controversy if it will admit of a fair settlement It is an act of chasing victims of accidents for the
(Rule 1.04, CPR). purpose of talking to the said victims (or relatives)
and offering his legal services for the filing of a case
Q: May a lawyer be suspended or disbarred for a against the person(s) who caused the accident(s).
misconduct committed in his private affairs? This term however has evolved to include all acts of
A: Yes. A lawyer may be suspended or disbarred for barratry and not only limited to scenarios where there
any misconduct, even if it pertains to his private is an accident.
activities, as long as it shows him to be wanting in
moral character, honesty, probity or good demeanor. Q: What is BARRATRY?
(Manaois v. Deciembre, A.C. No. 5364, 2008) A: It is an offense of frequently exciting and stirring
up quarrels and suits, either at law or otherwise. (4
Additionally, it has been ruled by the Supreme Court Bla. Com. 134; Co. Litt. 368)
that a lawyer may be disciplined for misconduct fomenting suits among individuals and offering his
committed either in his professional or private legal services to one of them.
capacity. The test is whether his conduct shows him
to be wanting in moral character, honesty, probity, CANON 3: USE OF TRUE AND FAIR
and good demeanor, or whether it renders him INFORMATION IN MAKING LEGAL SERVICES
unworthy to continue as an officer of the court. AVAILABLE
(Navarro v. Solidum Jr., A.C. No. 9872, 2014)
SUMMARY OF RULES UNDER CANON 3
Q: Can a lawyer compromise the case without the 1. Not to use false statement regarding his
qualification of service (Rule 3.01, CPR);
A: As a general rule, no. A lawyer needs special 2. Not to use false or misleading firm names
authority from the client to enter into a compromise. (Rule 3.02, CPR);
(De Ysasi v. NLRC, G.R. NO. 104599, 1994) 3. Partner who accepts public office should
withdraw from the firm; exception (Rule
Q: When may a lawyer bind his client without 3.03, CPR); and,
special power of attorney? 4. Not to seek media publicity (Rule 3.04,
A: A lawyer can bind his client without special power CPR).
from the latter only in matters of procedure. The
lawyer, may, therefore, be disciplined for Q: Are lawyers allowed to advertise their
compromising, settling, dismissing, waiving or services?
A: No, advertisements are not allowed. A lawyer
without prior subsequent authority from the client cannot advertise his talent as a shopkeeper
because any of such steps does not involve matters advertises his wares. (In Re Tagorda, 53 Phil 37,
of procedure. 1929)
CANON 2: MAKING LEGAL SERVICES Q: What is the most worthy and effective
AVAILABLE
A: It is the establishment of a well-merited reputation
SUMMARY OF RULES UNDER CANON 2 for professional capacity and fidelity to trust.
1. Not to reject the cause of the defenseless
(Rule 2.01, CPR); Q: What acts are considered INDIRECT
2. Not to refuse to render legal advice (Rule advertisements for professional employment?
2.02, CPR); 1. Furnishing or inspiring newspaper
3. Not to solicit legal business (Rule 2.03, comments;
CPR); and, 2.
4. Not to charge lower rates to attract business in connection with causes in which the
(Rule 2.04, CPR). lawyer has been engaged or concerning the
manner of their conduct, the magnitude of
the interest involved, the importance of the
lawyer's position; and,

3. All other self-laudation. 3. Former officials may not accept certain

employment in connection with matters they
Q: Is the rule on advertisements absolute? have intervened in while in government
A: No. The following are considered permissible service (Rule 6.03, CPR).
advertisements: (Yellow Legal RACE)
1. Yellow pages/telephone directories Q: What does Rule 6.03 entail?
containing the firm name, addresses and A: Lawyers in the government service are prohibited
contact numbers; to engage in the private practice of their profession
2. Advertisements or announcement in any unless authorized by the constitution or law, provided
Legal publication, including books, journals, that such practice will not conflict or tend to conflict
and legal magazines; with their official functions.
3. Reputable law lists, in a manner consistent
with the standards of conduct imposed by Q: Who are the people in government service
the canons, of brief biographical and expressly prohibited from practicing as lawyers?
informative data, are allowed (Ulep v. Legal 1. The President, Vice-President, the Members
Clinic, Inc., B.M. No. 553, 1993); of the Cabinet, and their deputies or
4. A simple Announcement of the opening of a assistants (PHIL. CONST. art VII, sec. 13)
law firm or of changes in the partnership, 2. Senators and Members of the House of
associates, firm name or office address, Representatives (PHIL. CONST. art VII, sec.
being for the convenience of the profession, 14)
is not objectionable (Id.); 3. Members of Constitutional Commissions
5. Ordinary simple professional Card. It may (PHIL. CONST. art. IX, sec. 2)
contain only a statement of his name, the 4. Judges and other official or employee of the
name of the law firm which he is connected superior courts or of the Office of the
with, address, telephone number and the Solicitor General (Rule 139, Section 35 of
special branch of law practiced (Id.); and, the Rules of Court)
6. Advertisements or simple announcements 5. Public officials, unless authorized by the
of the Existence of a lawyer or his law firm Constitution or law AND such practice would
posted anywhere it is proper such as his not conflict or tend to conflict with their office
place of business or residence except (R.A. No. 6713, Sec. 4)
courtrooms and government buildings. 6. Governors, city and municipal mayors
(Section 90(a) of the Local Government
CANONS 4 AND 5: PARTICIPATING IN LEGAL Code, R.A. No. 7160)
DEVELOPMENT BY INITIATING OR 7. Sanggunian members during session hours.
SUPPORTING LAW REFORM AND THE They are also prohibited from doing the
ADMINISTRATION OF JUSTICE (Canon 4) AND following:
BY PARTICIPATING IN LEGAL EDUCATION a. Counsel in a Civil case wherein the
(Canon 5) LGU or any office, agency, or
instrumentality of the government is
Q: Based on Canon 5, what are the three-fold the adverse party
obligations of a lawyer? b. Counsel in a Criminal case where
1. SELF to continue improving his knowledge an officer or employee of the
of the laws; national or local government is
2. PROFESSION to take an active interest in accused of an offense committed in
the maintenance of high standards of legal relation to their office
education; and, c. Collect fees for appearance in
3. PUBLIC to make the law a part of their administrative proceedings
social consciousness. involving the LGU where they are
an official
CANON 6: APPLICABILITY OF CODE TO d. Use property and personnel of the
GOVERNMENT LAWYERS government except when the
Sanggunian member is defending
SUMMARY OF RULES UNDER CANON 6 the interest of the government.
1. Duty of prosecutor to see that justice is done (Section 90(b) of the Local
(Rule 6.01, CPR); Government Code, R.A. No. 7160)
2. Not to use public position to promote private
interest (Rule 6.02, CPR); and,

Q: Can lawyers in government service practice Tolentino, A.C. No. 6672, September 4, 2009) There
law immediately after leaving public service? is no encroachment, however, when the previous
A: As a general rule, yes. However, if the lawyer is lawyer was already dismissed. (Laput v. Remotigue,
engaged in connection with any matter before the A.M. No. 219, September 29, 1962)
office the lawyer used to be with, the following rules
apply: Q: When can a lawyer accept employment to
1. If the lawyer had not intervened therein, the handle a matter previously handled by another
lawyer is subject to the 1-year prohibition lawyer?
under Republic Act No. 6713, section 7(b). 1. The previous lawyer has been given notice
2. If the lawyer intervened, the prohibition is of termination of service (Laput v.
perpetual under Canon 6, Rule 6.03. Remotigue, supra)
2. In the absence of a notice of termination
B. TO THE LEGAL PROFESSION from the client, the new layer has obtained
(CANONS 7 to 9) the conformity of the substituted counsel
3. In the absence of such conformity, the new
CANON 7: UPHOLD THE DIGNITY AND lawyer must at least give sufficient notice to
INTEGRITY OF THE PROFESSION the original counsel so that original counsel
has the opportunity to protect his claim
SUMMARY OF RULES UNDER CANON 7 against the client.
1. Not to make/use false statement in 4. A lawyer may give advice or assistance to
application to the Bar (Rule 7.01, CPR); any person who seeks relief against an
2. Not to support unqualified applicant to the unfaithful or neglectful lawyer
Bar (Rule 7.02, CPR); and,
3. Q: Can a lawyer associate as a colleague in a
morally (Rule 7.03, CPR). case?
A: YES. Provided that the lawyer communicate with
Q: May a lawyer be disbarred/penalized for acts the original counsel before appearing as co-counsel.
done in their private capacity? 1. If the original counsel objects, the new
A: YES. A lawyer may be disciplined for misconduct lawyer should decline association. But if the
committed either in his professional or private original counsel is relieved, the new counsel
capacity. The test is whether his conduct shows him may come into the case
to be wanting in moral character, honesty, probity, 2. If it is impracticable for him, whose judgment
and good demeanor, or whether it renders him was overruled by co-counsel, to cooperate
unworthy to continue as an officer of the court. effectively, he should ask the client to relieve
(Navarro v. Solidum Jr., A.C. No. 9872, 2014) him
CANON 8: RELATIONSHIP WITH OTHER Q: Can a lawyer negotiate with the adverse party
LAWYERS CHARACTERIZED BY COURTESY,
CANDOR, AND FAIRNESS A: NO. The act of negotiating a compromise
agreement with the opposing party without notifying
SUMMARY OF RULES UNDER CANON 8 their lawyer is considered an act of encroachment
1. Use temperate language (Rule 8.01, CPR); that is violative of Rule 8.02 of the CPR. (Camacho
and, vs. Pagulayan, A.C. No. 4807, March 22, 2000)
2. Not encroach upon the business of another
(Rule 8.02, CPR). CANON 9: PREVENTING UNAUTHORIZED
PRACTICE OF LAW
Q: Is lack of intention excusable?
A: NO. Lack or want of intention is no excuse for the SUMMARY OF RULES UNDER CANON 9
disrespectful language employed. Counsel cannot 1. Not to delegate legal work to non-lawyers
escape responsibility by claiming that his words did (Rule 9.01, CPR); and,
not mean what any reader must have understood 2. Not to divide fees with non-lawyers (Rule
them as meaning. (Rheem of the Philippines v. 9.02, CPR).
Ferrer, G.R. No. L-22979, 1967)
Q: Who are NOT allowed to be a partner or
associate of a law firm?
A: A: One who:
client nor induce the latter to retain him by a promise 1. Is not a lawyer;
of better service or reduced fees. (Linsangan v. 2. Is disbarred;

3. Has been suspended from the practice of read in open court. (Habawel v. CTA, G.R. No.
law; and, 174759, 2011)
4. Foreign lawyer, unless licensed by the SC.
Q: What is the TEST that should be used in
Q: Can a lawyer delegate his authority?
A: NO. A lawyer cannot delegate his authority without A:
therefore, whether or not the criticism is bona fide or
done in good faith, and does not spill over the walls
C. TO THE COURTS (CANONS 10-13) of decency and propriety. (Habawel v. CTA, G.R. No.
174759, 2011)
CANON 10: RELATIONSHIP WITH THE COURTS
CHARACTERIZED BY CANDOR, FAIRNESS, CANON 12: ASSISTING THE COURT IN SPEEDY
AND GOOD FAITH TO THE COURTS AND EFFICIENT ADMINISTRATION OF JUSTICE
SUMMARY OF RULES UNDER CANON 10 SUMMARY OF RULES UNDER CANON 12

1. Not to do any falsehood (Rule 10.01, CPR); 1. To appear in proper attire (Rule 12.01,
2. Not to misquote or misrepresent (Rule CPR);
10.02, CPR); and, 2. To be punctual (Rule 12.02, CPR);
3. Not to misuse rules of procedure (Rule 3. To abstain from offensive language (Rule
10.02, CPR). 12.03, CPR);
4. Not to attribute to a judge improper motives
CANON 11: OBSERVING AND MAINTAINING (Rule 12.04, CPR);
RESPECT DUE THE COURTS AND JUDICIAL 5. To submit grievances to proper authorities
OFFICERS (Rule 12.05, CPR);
6. Not to assist a witness to misrepresent (Rule
SUMMARY OF RULES UNDER CANON 11 12.06, CPR);
1. To appear in proper attire (Rule 11.01, 7. Not to harass a witness (Rule 12.07, CPR);
CPR); and,
2. To be punctual (Rule 11.02, CPR); 8. To avoid testifying for a client (Rule 12.08,
3. To abstain from offensive language (Rule CPR).
11.03, CPR);
4. To not attribute to a judge improper motives Q: What is FORUM SHOPPING?
(Rule 11.04, CPR); and, A: Forum shopping exists when as a result of an
5. To submit grievances to proper authorities adverse opinion in one forum:
(Rule 11.05, CPR). 1. A party seeks favorable opinion (other than
by appeal or certiorari) in another; or,
Q: Can lawyers be found guilty for direct 2. When he institutes two or more actions or
contempt for using contumacious language in proceedings grounded on the same cause of
their pleadings (motion for reconsideration)? action, on the gamble that one or the other
A: YES. Canon 11 of the CPR mandates all attorneys would make a favorable disposition.
to observe and maintain the respect due to the courts (Benguet Electric Corp. v. Flores, A.C. 4058,
and to judicial officers and to insist on similar conduct 1998)
by others. Rule 11.03 of the CPR also says that a
lawyer shall abstain from scandalous, offensive or It is also the omission to disclose pendency of an
menacing language or behavior before the Courts. appeal or the prior dismissal of his case by a court of
An imputation in a pleading of gross ignorance concurrent jurisdiction. It constitutes direct contempt.
against a court or its judge, especially in the absence (Section 5, Rule 7, 1997 Rules of Court)
of any evidence, is a serious allegation, and
constitutes direct contempt of court. Derogatory, The most important factor in determining the
offensive or malicious statements contained in existence of forum-shopping is the vexation caused
pleadings or written submissions presented to the to the courts and to party-litigants by a party who asks
same court or judge in which the proceedings are different courts to rule on the same related causes,
pending are treated as direct contempt because they asking the same relief. (Roxas v. CA, G.R. No.
are equivalent to a misbehavior committed in the 139227, 2001)
presence of or so near a court or judge as to interrupt
the administration of justice. This is true, even if the
derogatory, offensive or malicious statements are not

CANON 13: AVOIDING IMPROPRIETY THAT

TENDS TO INFLUENCE THE COURT during
the attorney-client relationship?
SUMMARY OF RULES UNDER CANON 13 1.
1. Not to extend hospitality to a judge (Rule interest
13.01, CPR); 2. Promptly account for any fund or property
2. Not to publicly discuss pending cases (Rule
entrusted by or received for his client
13.02, CPR); and,
3. Not to invite judicial interference (Rule 3.
13.03, CPR). interest in litigation
4.
Q: What is the SUB JUDICE RULE? 5. Not to represent a party whose interest is
A: The sub judice rule restricts comments and adverse to that of his client
disclosures pertaining to the judicial proceedings in
order to avoid prejudging the issue, influencing the after the
court, or obstructing the administration of justice. A attorney-client relationship?
violation of this rule may render one liable for indirect 1.
contempt under Sec. 3(d), Rule 71 of the Rules of 2. Not to represent a party whose interest is
Court. (Romero v. Estrada, G.R. No. 174105, 2009) adverse to that of his client
D. TO THE CLIENT (CANONS 14-22) Q: What is the concept of RETAINER?

A: A retainer refers to:
ATTORNEY-CLIENT RELATIONSHIP 1. The act of the client by which he engages
the services of an attorney to render legal
Q: What is the NATURE of the relationship advice, or to defend or prosecute his cause
between lawyers and their clients? (SHF) in court; or
A: The relationship between lawyers and their clients 2. The fee a client pays to an attorney when he
is:
1. Strictly personal; and secure his future services and to
2. Highly confidential; and, compensate (Hilado v. David, G.R. No. L-
3. Fiduciary. 961, 1949) counsel for being forbidden from
acting as counsel for the other party.
Q: What are the three (3) ways in which an
attorney-client relationship is created? Q: What are the two (2) KINDS of retainer
1. ORAL counsel is employed without a agreements? What are its purposes?
written agreement, but the conditions and 1. GENERAL RETAINER The purpose is to
secure beforehand the services of an
verbally attorney for any legal problem that may
2. EXPRESS when the terms and conditions afterward arise.
including the amount of fees, are explicitly 2. SPECIAL RETAINER - The purpose is to a
stipulated in a written document which may particular case or service. (Agpalo, Legal
be a private or public document. Written and Judicial Ethics, p.186)
between the lawyer and the client. CANON 14: CREATION OF ATTORNEY CLIENT-
3. IMPLIED when there is no agreement, RELATIONSHIP
whether oral or written, but the client allowed
the lawyer to render legal services not SUMMARY OF RULES UNDER CANON 14
intended to be gratuitous without objection, 1. Not to decline to represent unpopular clients
and the client is benefited by reason thereof. (Rule 14.01, CPR);
2. Not to decline appointment by the court or by
Q: When does an attorney-client relationship IBP (Rule 14.02, CPR);
exist? 3. To refuse to represent indigent on valid
A: An attorney-client relationship is said to exist when grounds (Rule 14.03, CPR);
a lawyer acquiesces or voluntarily permits the a. Not in a position to carry out the
consultation of a person, who in respect to a business work effectively or competently; or,
or trouble of any kind, consults a lawyer with a view b. Labors under a conflict of interest
of obtaining professional advice or assistance. (Virgo between:
v. Amorin, A.C. No. 7861, 2009)

i. Him/her and the b.To preserve the secrets of a

prospective client; or, prospective client (Rule 15.02,
ii. Present client and the CPR);
prospective client; 2. PROHIBITION AGAINST REPRESENTING
4. To observe the same standard with all CONFLICTING INTERESTS
clients (Rule 14.04, CPR). a. Not to represent conflicting
interests (Rule 15.03, CPR); and,
Q: What is COUNSEL DE OFICIO? b. May act as a mediator, conciliator,
A: He is the lawyer assigned by the court to render or arbitrator with the written consent
professional aid, free of charge, to any party in a case of all concerned (Rule 15.04, CPR).
if upon investigation it appears that the party is 3. CANDID ADVICE AND LAWFUL
destitute and unable to employ a lawyer and that the PERFORMANCE OF DUTIES
services of a counsel are necessary to secure the a. To give candid advice on merits of
ends of justice. a case (Rule 15.05, CPR);
b. Not to undertake influence-peddling
Q: Can a lawyer decline an appointment as (Rule 15.06, CPR);
counsel de oficio? c. To impress upon clients compliance
A: No. A lawyer shall not decline, except for serious with laws (Rule 15.07, CPR); and,
and sufficient cause, an appointment as counsel de d. To make clear whether he/she is
oficio or as amicus curiae or a request from the acting in another capacity (Rule
Integrated Bar of the Philippines or any of its chapters 15.08, CPR).
for rendition of free legal aid. (Rule 14.02, CPR)
Q: What is the RULE REGARDING CONFLICT OF
General Rule: A lawyer is not obligated to represent INTERESTS?
any person who wishes to be his client (Enriquez v. A: It is generally the rule based on sound public
Gimenez, G.R. No. L-12817, 1960) policy that an attorney cannot represent adverse
interests. It is highly improper to represent both sides
Exceptions: of an issue. (Nakpil v. Valdez, A.C. No. 2040, 1998)
1. A lawyer may not refuse to represent an
indigent client unless he is relieved by the Q: What are the four (4) SEPARATE TESTS in
court for sufficient cause. (People v. Irisuilo, determining whether there is conflict of interest
G.R. No. L-1473, 1948; Ledesma v. when lawyers represent two or more clients?
Climaco, G.R. No. L-23815, 1974) (COPI)
a. He is not in a position to carry out A:
the work effectively or competently; 1. In accepting the new relation, the lawyer will
or be called upon to use Confidential
b. There exists a conflict of interest information acquired through their
between him and the prospective connection against a client. (Quiambao v.
client. Bamba, A.C. No. 6708, 2005)
2. A government lawyer is called upon to 2. When in representation of one client, a
represent the government, any of its lawyer is required to fight for an issue or
agencies or any officer thereof unless he is claim, but is also duty bound to Oppose it for
disqualified to act as counsel. (Enriquez, Sr. another client;
v. Gimenez, G.R. No. L-121817; Reyes v. 3. When the acceptance of the new retainer will
Cornista, G.R. No. L-55555, 1953; require an attorney to perform an act that
Municipality of Bocaue v. Manotok, G.R. No. may Injuriously affect the first client or when
L-6528, 1953; Aquador v. Enerio, G.R. No. called upon in a new relation to use against
L-20388, 1971; Callejo v. Court of Appeals, the first one any knowledge acquired
G.R. No. 156413, 2004) through their professional connection;
4. When the acceptance of the new relation
CANON 15: OBSERVING CANDOR, FAIRNESS, would Prevent the full discharge of an
AND LOYALTY IN DEALING WITH CLIENTS attorney's duty to give undivided fidelity and
loyalty to the client or would invite suspicion
SUMMARY OF RULES UNDER CANON 15 of unfaithfulness or double dealing in the
1. OBSERVE CANDOR, FAIRNESS, AND performance of that duty. (Northwestern
LOYALTY TO CLIENTS University v. Arquillo, A.C. No. 6632, 2005)
a. To ascertain possible conflicts of
interest (Rule 15.01, CPR); and,

Q: What are the EXCEPTIONS TO THE RULE ON CANON 16: LAWYER AS TRUSTEE OF
CONFLICT OF INTEREST? (WANA) MONIES AND PROPERTIES
1. Before the controversy reaches the court SUMMARY OF RULES UNDER CANON 16
and where all the parties concerned express 1. (Rule 16.01,
their Written consent to the representation CPR);
after full disclosure of facts; (Nakpil v. 2. (Rule 16.02,
Valdes, A.C. No. 2040, 1998) CPR);
2. With the written consent of All concerned, a 3. To deliver funds to client, subject to lien
lawyer may act as a mediator, conciliator, or (Rule 16.03, CPR); and,
arbitrator in setting disputes; (Rule 15.04, 4. Not to borrow from, nor lend money to, client
CPR) (Rule 16.04, CPR).
3. Where No true attorney-client relationship is
attendant; and, Civil Code, ARTICLE 1491
4. With the written consent of a former client, a The following persons cannot acquire or purchase,
lawyer, with full disclosure to a prospective even at a public or judicial auction, either in person or
client, Accepts employment from the latter through the mediation of another: xxx
against the former. (Bautista v. Gonzales, h respect to the property and rights
A.M. No. 1625, 1990) which may be the object of any litigation in which they
may take part by virtue of their profession.
Q: Does the attorney-client privilege apply solely
to lawyers? Q: What are the ELEMENTS OF ARTICLE 1491(5)
A: NO. The rule of confidentiality and attorney-client of the Civil Code? (CAPI)
privilege also applies to an attorney's secretary, 1. The attorney takes part as Counsel in the
stenographer or clerk, who in such capacity has case;
acquired confidential information from the attorney's 2. There is an Attorney-client relationship;
client. 3. The attorney by himself or through another
Purchases or acquires such property or
Q: What is the DURATION of attorney-client interest; and,
privilege? 4. The property or interest of the client must be
A: It is a perpetual duty that continues even after the In litigation.
attorney-client relationship has been terminated
(Canon 21, CPE; Canon 37, CPR) and even after the Note: Acquisition includes mortgage of property in
death of the client. Once professional confidence is litigation to lawyer. In this case, acquisition is merely
reposed, it cannot be divested by either event. postponed until foreclosure but the effect is the same.
Q: What are the EXCEPTIONS to the perpetuity of Q: What are the EXCEPTIONS to this prohibition?
attorney-client privilege? 1. Property is acquired by lawyer through a
1. When removed by the client himself; contingent fee arrangement; and,
(Agpalo, Legal and Judicial Ethics, p.266, 2. Any of the four (4) elements of Art. 1491 are
2009) missing.
2. When removed after the death of the client
by his heir or legal representative; (Agpalo, Q: Due to the relation of trust or their peculiar
Legal and Judicial Ethics, p.266, 2009) control either directly or indirectly and even at a
3. When a supervening act done pursuant to public or judicial auction, who are the people
the purpose of the communication causes prohibited from acquiring property under
such communication to lose its privileged litigation? (GAPE-JO)
character such as: 1. Guardians;
a. Communication sent by client through 2. Agents
his attorney once it has reached a third 3. Public officers and employees
party recipient; (Uy Chico v. Union Life 4. Executors and administrators
Assurance Society, G.R. No. L-9231, 5. Judicial officers and employees
1915) and, 6. Others specially disqualified by law. (Art.
b. The contents of a pleading before it is 1491, Civil Code)
filed. (Agpalo, Legal and Judicial
Ethics, p. 266, 2009)

Q: What is the duty of a lawyer who holds his

REPRESENTATION WITH ZEAL
A: A lawyer shall account for all money or property
collected or received for or from the client. (Rule SUMMARY OF RULES UNDER CANON 19
16.01, CPR) 1. To employ only fair and honest means (Rule
19.01, CPR);
Q: What is the effect if the lawyer fails to return 2. (Rule 19.02, CPR);
the money that he held for his client? and,
A: Failure to deliver upon demand gives rise to the 3. Not to allow clients to dictate on the law
presumption that he has misappropriated the funds (Rule 19.03, CPR).
for his own use to the prejudice of the client and in
violation of the trust reposed in him. (Arellano Q: What are the effects of the negligence of
University v. Mijares, A.C. No. 8380, 2009)
A: As a general rule, the client is bound by the
negligence of his/her counsel. The only exception is
when the negligence of the counsel is so gross that
CHARACTERIZED BY TRUST AND CONFIDENCE the client is deprived of due process. (Encarnacion v.
People, G.R. No. 189955, 2014)
Q: What is the EFFECT OF DECEIT OR
MISREPRESENTATION? This is known as the DOCTRINE OF IMPUTED
A: A lawyer may be suspended or disbarred for KNOWLEDGE.
deceit or misrepresentation to the prejudice of or as
a means to defraud his client. Implicit in these Q: What are the EXCEPTIONS TO THE DOCTRINE
fraudulent acts are bad faith on the part of the lawyer OF IMPUTED KNOWLEDGE?
and material damage to the client, which are the 1. Reckless imprudence (deprives client of due
requisites that should concur to justify the suspension process); and,
or disbarment of the lawyer on the ground deceit or 2.
misrepresentation. property through technicality.
Q: What are a
counsel?
CHARACTERIZED BY COMPETENCE AND 1. Damages
DILIGENCE 2. Disbarment (Agpalo, 2020)

1. To render service only when qualified to do
so (Rule 18.01, CPR); SUMMARY OF RULES UNDER CANON 20
2. Not to handle a case without adequate 1. Guides in determining amount of fees (Rule
preparation (Rule 18.02, CPR); and, 20.01, CPR) (CATS IN PCCS);
3. Not to neglect matters entrusted to him (Rule a. The Customary charges for similar
18.03, CPR). services and the schedule of fees of the
IBP chapter to which he belongs;
Q: What is the EFFECT OF NEGLIGENCE in the b. The Amount involved in the controversy
performance of duties? and the benefits resulting to the client
A: The failure to exercise due diligence or the from the services;
c. The Time spent and the extent of the
unworthy of the trust which the client has reposed in services rendered or required;
him. There is no hard and fast rule as to what is gross d. The Skill demanded;
e. The Importance of the subject matter;
to his client. That question depends upon the f. The Novelty and difficulty of the
circumstances of the case, the nature of the act done questions involved;
and the motive which induced him to do the act g. The Probability of losing other
charged. employment as a result of acceptance of
the proffered case;
h. The Contingency or certainty of
compensation;
i. The Character of the employment,
whether occasional or established; and,

j. The professional Standing of the lawyer.

2. Entitled to fees based on work performed 1. CHARGING LIEN - an equitable right to
(Rule 20.02, CPR); have fees and lawful disbursements due a
3. Not to receive fee from another without lawyer for his services in a suit secured to
(Rule 20.03, CPR); and, him out of the judgment for the payment of
4. To avoid controversies with clients money and executions issued in pursuance
concerning fees (Rule 20.04, CPR). thereof in the particular suit.
2. RETAINING LIEN a right merely to retain
Q: What is a CHAMPERTOUS CONTRACT? the funds, documents and papers as against
A: It is an agreement wherein a lawyer conducts the the client until the attorney is fully paid.
litigation on his own account, bearing all the
expenses, and the client agrees to pay a portion of Q: What are the REQUISITES OF A CHARGING
the LIEN? (FERN-C)
for being obnoxious to the law and public policy. 1. Favorable judgment secured by the counsel
for his client which judgment is a money
Q: What is a CONTINGENT FEE CONTRACT? judgment;
A: It is one wherein the lawyer agrees to be paid 2. Existence of a lawyer-client relationship;
depending on the success of his efforts (not 3. Attorney Rendered services;
necessarily for the same money or payment subject 4. Nothing in the records of the case through
of the case). the filing of an appropriate motion of the
Q: Differentiate between contingent fee and fee with copies furnished to the client and
champertous contracts. adverse party; and,
CONTINGENT FEE CHAMPERTOUS 5. Attorney has a C
advances.
CONTRACT CONTRACT
Q: What are the REQUISITES OF A RETAINING
LIEN? (PUR)
Usually a fixed Usually a fixed 1. Lawful Possession by the lawyer of the
percentage of what may percentage of what may
be recovered in the be recovered in the professional capacity;
action depends upon action which depends 2. U
the success of the upon the success of the 3. Attorney-client Relationship.
litigation litigation
Q: What is QUANTUM MERUIT?
WHO BEARS THE EXPENSES? A: It means as much as the lawyer deserves or such
amount as his services merit.
Client Lawyer
LEGALITY
Quantum Meruit? (TINS)
Legal Illegal 1. Time spent and extent of the services
rendered or required;
REQUISITES OF VALIDITY 2. Importance of the subject matter;
3. Novelty and difficulty of questions involved;
Must be in writing Void and,
4. Skill demanded of a lawyer.
CANON 21:
Q: Why are champertous contracts unethical?
CONFIDENCE
A: What makes a champertous contract unethical is
the fact that the lawyer shoulders the expenses of the
litigation, thereby acquiring a direct interest in the
1. (Rule
outcome of the litigation. It can also be viewed as
21.01, CPR);
violative of the rule that a lawyer should not lend
2.
money to his/her client.
consent (Rule 21.02, CPR);
3. Not to give information from files (Rule
21.03, CPR);

4. To disclose affairs of client to partners (Rule CANON 22: WITHDRAWING SERVICES FOR A
21.04, CPR); GOOD CAUSE
5. To adopt measures against disclosure of
(Rule 21.05, CPR); SUMMARY OF RULES UNDER CANON 22
6. To avoid indiscreet conversation about 1. To withdraw only for good cause (MI VIDEO)
(Rule 21.06, CPR); and, (Rule 22.01, CPR); and,
7. Not to reveal his/her having been consulted a. When the Mental or physical
(Rule 21.06, CPR). condition of the lawyer renders it
difficult for him to carry out the
Q: Are all types of communication between the employment effectively;
lawyer and the client confidential? b. When his Inability to work with co-
A: NO. The mere establishment of a client-lawyer counsel will promote the best
relationship does not raise a presumption of interest of the client;
confidentiality. There must be intent or that the c. When the client insists that the
communication relayed by the client to the lawyer be lawyer pursue conduct Violative of
treated as confidential. (Mercado v. Atty Vitriolo, A.C. the canons and rules;
No. 5108, 2005) d. When the client pursues an Illegal
or immoral course of conduct in
Q: What are the REQUISITES FOR PRIVILEGED connection with the matter he is
COMMUNICATION to exist? (R-Con-Prof) handling;
1. There exists an attorney-client Relationship, e. When the client Deliberately fails to
or a prospective attorney-client relationship, pay the fees for the services or fails
and it is by reason of this relationship that to comply with the retainer
the client made the communication; agreement;
2. The client made the communication in f. When the lawyer is Elected or
Confidence; and, appointed to a public office; and,
3. The legal advice must be sought from the g. Other similar cases.
attorney in his Professional capacity. 2. Not be prejudiced by such withdrawal to
(Jimenez v. Atty. Francisco, A.C. No. 10548, (Rule 22.02, CPR).
2014)
Q: When is the attorney-client relationship
Q: What are the EXCEPTIONS for the non- TERMINATED? (IF-CAW-D5)
disclosure of communications? 1. Intervening Incapacity or incompetence of
1. Consent or waiver by the client; the client during the pendency of the case,
2. When disclosure is required by law; for then the client loses his capacity to
3. When disclosure is made to protect the contract, or to control the subject matter of
the action. The guardian may authorize the
defend himself); and, lawyer to continue his employment;
4. When such communications are made in 2. Full termination of the case;
contemplation of a crime or the perpetuation 3. Conviction for a crime and imprisonment of
of a fraud. the lawyer for quite some time;
4. Appointment or election of a lawyer to the
Q: What are the EXCEPTIONS TO THE government position which prohibits private
EXCEPTIONS? practice of law;
1. Announcements of intention of a client to 5. Withdrawal of the lawyer under Rule 22.01;
commit a crime; 6. Death of the lawyer, unless it is a Law Firm,
2. Client jumped bail and lawyer knows his in which case, the other partners may
whereabouts; continue with the case;
3. Client is living somewhere under an 7. Death of the client as the relationship is
assumed name; and, personal, and one of agency
4. Communication involves the commission of 8. Discharge or dismissal of the lawyer by the
future fraud or crime. client, for the right to dismiss a counsel is the
prerogative of the client, subject to certain
Note: limitations;
the attorney-client privilege. 9. Disbarment or suspension of the lawyer
from the practice of law;

10. Declaration of the presumptive death of the

lawyer (Art. 390, Civil Code; Art. 41, Family
Q: How does a LAWYER terminate the attorney-

client relationship?
A: By procuring the written consent of his client or by
permission of the court after due notice and hearing,
the attorney ensures that the name of the new
attorney is recorded. If he cannot get the written
consent, he must make an application to the court, as
the relation does not terminate until there is a
withdrawal of the record. He must serve a copy of his
petition upon his client and the adverse party at least
3 days before the date set for hearing. (Visitacion v.
Manit, G.R. No. L-27231, 1969)
Q: Is the procedure the same when the CLIENT

terminates the relationship?
A: NO. A client has the absolute right to discharge
his attorney at any time with or without cause or even
against his consent.
E.
I, _________ of _________, do solemnly swear that

I will maintain allegiance to the Republic of the
Philippines;
I will support the Constitution and obey the laws as

well as the legal orders of the duly constituted
authorities therein;
I will do no falsehood, nor consent to its

commission;
I will not wittingly or willingly promote or sue

groundless, false or unlawful suit, nor give aid nor
consent to the same;
malice, and will conduct myself as a lawyer

according to the best of my knowledge and
discretion, with all good fidelity as well to the court
as to my clients
and I impose upon myself this obligation voluntarily

without any mental reservation or purpose of

e. Cooperating in illegal practice of

II. SUSPENSION, DISBARMENT AND
law
DISCIPLINE OF LAWYERS (Rule 139 and 5. Other Grounds for Discipline
Rule 139-B) a. Nonprofessional misconduct
b. Gross immorality
c. Conviction of crime involving moral
Q: What is the nature of disbarment
turpitude
proceedings?
d. Misconduct in the discharge of
A: They are sui generis and imprescriptible. A
duties as a public officer
disciplinary action is in reality an investigation by the
e. Misconduct as notary public
court into the misconduct of its officer or an
f. Nonpayment of IBP dues
examination into his character (In re Almacen,)
Q: Who can institute disbarment proceedings?
Q: What is the quantum of evidence?
A: The right to institute disbarment proceedings is not
A: Clear preponderance of evidence. A criminal
confined to clients nor is it necessary that the person
prosecution will not constitute as a prejudicial
complaining suffered injury from the alleged
question. (Gatchalian Promotions Talent Pool, Inc. v.
wrongdoing. The procedural requirement observed in
Naldoza, A.C. No. 4017, September 29, 1999)
ordinary civil proceedings that only the real party-in-
interest must initiate the suit does not apply in
Q: What are the grounds for disbarment?
disbarment cases. Disbarment proceedings are
1. In General (M.U.)
matters of public interest and the only basis for the
a. Misconduct or malpractice
judgment is the proof or failure of proof of the
b. Unprofessional conduct
charges. (Figeuros v. Jimenez, A.C. No. 9116, March
2. Breach of Duties to the Court
12, 2014)
a. Obstructing justice and abuse of
legal process
Q: Does desistance or withdrawal from the
b. Misleading the court
complaint exonerate the lawyer?
c. Forum Shopping
A: NO. No investigation shall be interrupted or
d. Proffering false charges
terminated by reason of the desistance, settlement,
e. Introducing false evidence
compromise, restitution, withdrawal of the charges,
f. Blackmail
or failure of the complainant to prosecute the same,
g. Willfully disobeying the court orders
unless the Supreme Court motu propio or upon
and disrespect to the court
recommendation of the IBP Board of Governors,
h. Using vicious or disrespectful
determines that there is no compelling reason to
language
continue with the disbarment or suspension
i. Continuing to practice after
proceedings against the respondent. (Rule 139-B,
suspension
Sec. 5 as amended by B.M. No. 1645)
3. Breach of Duties to the Client
a. Negligence in the performance of
Q: Can the Supreme Court directly institute
duties
disciplinary proceedings?
b. Employment of lawful means
A: YES. The Supreme Court may itself initiate
c. Deceit or misrepresentation
disciplinary proceedings against a lawyer who has so
d. Representing adverse interests and
conducted himself in a case pending before it as to
show blatant disrespect to the Court, want of good
e.
moral character or violation of his oath, by issuing a
litigation
show cause order. (Zaldivar v. Gonzales, G.R. No.
f. Failing to account for or
79690-707, February 1, 1989)
g. Collecting unreasonable fees
h. Acting without authority
i. Willfully appearing without being
retained
4. Breaches of Duties to the Bar
a. Unethical conduct
b. Defaming fellow lawyer
c. Communicating with adverse party
d. Soliciting business

Q: What are the penalties to be imposed on the

disciplined lawyer? Q: What is the effect of absolute pardon?
A: Once a petition for review is filed, the Supreme A: An absolute and unconditional pardon by the
Court shall decide the case in accordance with the President "reaches both the punishment prescribed
following rules: for the offense and the guilt of the offender; and when
the pardon is full, it releases the punishment and
SC DIVISION SC EN BANC blots out of existence the guilt, so that in the eye of
the law the offender is as innocent as if he had never
SUSPENSION committed the offense." (In re Lontok, 43 Phil. 293,
April 7, 1922, as cited in In re Parcasio, A.M. No.
Period of 1 year or less Period exceeds 1 year 1000, August 31, 1966)
Q: Does absolute pardon automatically reinstate

FINE a disbarred lawyer?
A: NO. an absolute pardon subsequently granted to
P10,000 or less Exceeds P10,000 a lawyer who had previously been disbarred for
conviction of a crime does not automatically entitle
SUSPENSION AND FINE him to reinstatement to the bar, because only the
Supreme Court can reinstate a disbarred lawyer.
Suspension is 1 year or Suspension exceeds 1 (In re Rovero, A.C. No. 126, October 24, 1952)
less AND the fine is year or the fine
P10,000 or less exceeds 10,000 Q: What is the effect of suspension or
disbarment?
A: A judgment of suspension or disbarment is self-
In case of 2 or more suspensions of the lawyer, executory. A lawyer who has been disbarred or one
service of the same shall be successive, not who has been suspended from practice cannot
simultaneous. (Investment and Management Service practice law without being held liable for contempt of
Corp. v. Roxas, A.C. No. 1417, April 17, 1996) court. A judgment of suspension or disbarment is
always subject to change or modification by the court,
Q: What must a lawyer do if their integrity is regardless of the period that has lapsed. The court
challenged? may, at any time when justice so warrants, modify the
A: When the integrity of a member of the bar is penalty of disbarment to one of suspension.
challenged, it is not enough that he denies the
charges against him; he must meet the issue and Even if the suspension is for a fixed period, a lawyer
overcome the evidence against him. He must show must still seek leave from the Supreme Court to
proof that he still maintains that degree of morality resume law practice.
and integrity which at all times is expected of him. (Maniago v. De Dios, A.C. No. 7472, March 30, 2010)
(Radjaie v. Alovera, A.C. No. 4748, August 4, 2000)
Q: What is the effect of disbarment or suspension
Q: What defenses are NOT available? of a Philippine lawyer in a foreign jurisdiction?
A: (Double Pari Good PAREE) A: It does not automatically result in suspension or
1. Double jeopardy There can be no double disbarment in the Philippines. It only constitutes
jeopardy as he is not being tried for same prima facie evidence of the law unethical acts.
offense but for his failure to abide by his Due process demands that the lawyer be given the
opportunity to defend themselves and to present
2. When both parties are in pari delicto (Mortel testimonial and documentary evidence on the matter
v. Aspiras, supra) in an investigation to be conducted in accordance
3. Good faith, except when bad faith or with Rule 139-B of the Revised Rules of Court. (In re
willfulness is an indispensable element of Maquera, B.M. 793, July 30, 2004
the charge against the lawyer (Rheem of the
Philippines v. Ferrer, G.R. No. L-22979,
June 26, 1967)
4. Pardon by the offended party
5. Acquittal of a lawyer of a crime upon which
the disbarment proceeding is based (In re
Del Rosario, 52 Phil. 399, December 7,
1928)
6. Restitution to the injured person
7. Estoppel; and
8. Executive pardon.

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ATENEO CENTRAL DAY 4

BAR OPERATIONS 2022 REMEDIAL LAW & LEGAL ETHICS

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THE ATENEO CENTRAL BAR OPERATIONS 2022

All Rights Reserved

This material is an intellectual creation of the Ateneo Central Bar Operations

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SPECIAL PROJECTS PUBLIC RELATIONS

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TABLE OF CONTENTS: REMEDIAL LAW & LEGAL ETHICS

PART I: FIRST LEVEL COURTS

I. GENERAL PRINCIPLES IN REMEDIAL LAW 9

A. SUBSTANTIVE LAW VS. REMEDIAL LAW .............................................................................................. 9

II. CIVIL PROCEDURE 25

A. GENERAL PROVISIONS ...................................................................................................................... 25

III. PROVISIONAL REMEDIES 51

A. NATURE, PURPOSE AND JURISDICTION OVER PROVISIONAL REMEDIES ..................................... 51

IV. SPECIAL CIVIL ACTIONS 56

A. JURISDICTION AND VENUE ................................................................................................................ 56

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A. SETTLEMENT OF ESTATE OF DECEASED PERSONS........................................................................ 65

VI. CRIMINAL PROCEDURE 106

A. GENERAL MATTERS ......................................................................................................................... 106

VII. RULES ON EVIDENCE 128

A. GENERAL CONCEPTS ....................................................................................................................... 128

PART 2: APPELLATE PRACTICE, PROCEDURE IN THE COURT OF APPEALS, COURT OF TAX

I. APPEALS; GENERAL PRINCIPLES 184

A. NATURE OF THE RIGHT TO APPEAL ................................................................................................ 184

II. POST-JUDGMENT REMEDIES OTHER THAN APPEAL 185

A. PETITION FOR RELIEF FROM JUDGMENT (RULE 38) ...................................................................... 185

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D. RULE 65 AS A REMEDY FROM JUDGMENT ...................................................................................... 187

A. RULE 40 APPEAL FROM MTC TO THE RTC .................................................................................... 189

A. RULE 122 ............................................................................................................................................ 204

V. PROCEDURE IN TAX CASES 207

A. TAXPAYER REMEDIES UNDER THE NIRC, AS AMENDED ............................................................... 208

VI. PROCEDURE IN THE COURT OF APPEALS 219

A. RULE 44 ORDINARY APPEALED CASES........................................................................................ 219

VII. PROCEDURE IN THE SUPREME COURT 224

A. RULE 56-A ORIGINAL CASES ......................................................................................................... 224

LEGAL ETHICS 225

I. CODE OF PROFESSIONAL RESPONSIBILITY 225

A. TO SOCIETY (CANONS 1-6) ............................................................................................................... 225

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I. GENERAL PRINCIPLES IN REMEDIAL appropriate courts (Santiago v. Vasquez, G.R. Nos.

2. GENERAL vs. SPECIAL 4. CONTINUITY OF JURISDICTION

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5. ORIGINAL JURISDICTION OF VARIOUS PHILIPPINE COURTS

(a) ORIGINAL JURISDICTION

i. Original and Exclusive

G. Disciplinary proceedings against members of the Bar and court personnel

ii. Original and Concurrent

B. Petitions for the issuance of a writ of Kalikasan.

With the CA, SB 1. Petition for writ of amparo.

(b) APPELLATE JURISDICTION

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accomplices or accessories, or whether they have been tried jointly or

Appeal by Certiorari Appeals from the: