Professional Documents
Culture Documents
the accused.
Filing fees are not necessary.
Table of contents
1.
2.
3.
4.
CIVIL PROCEDURE
CRIMINAL PROCEDURE
EVIDENCE
SPECIAL PROCEEDINGS
Jurisdiction
jurisdiction)
Jurisdiction over the person or the defendant?
Know the rules on filing fees.
Definition the same, as conferred by law, except you have to add that
venue is jurisdictional. Territory is intertwined with jurisdiction, unlike in
waiver.
Jurisdiction over the offense.
Property is
Accion publiciana).
Value is determined by assessed value if it
Assessed value
wins.
2. Amount incapable of pecuniary estimation
performance
Is expropriation capable of pecuniary estimation?
pecuniary
estate is 100K?
estimation,
the
action
is
No.
The rules on summary procedure
ordinary
proceedings
and
summary
are
constitutionality.
There is no such thing as determination of
But it explicitly
claims?
95-9-94.
Small claims
o What is the amount?
No.
What should be included in the 100K?
Exclusive of damages
claims.
Do you need a lawyer to file the complaint? Do you need
consuls
What is the MTC jurisdiction?
o Just the opposite of everything in RTC
o Then just add ejectment/unlawful detainer
What is the jurisdiction of the CA?
o It has both original and appellate jurisdiction.
o Original: habeas corpus, habeas data, certiorari, prohibition,
judgment
contract)
What if it arises from commission of an offense?
provided.
How will you address the problem where the claim is for
IBP];
actions
consuls, etc.;
constitutionality of treaties, laws, proclamations, etc.;
declaratory relief only when there is a question of
against
ambassadors,
public
ministers,
constitutionality
Appellate:
the only
counterclaims is suspended.
jurisdiction
o 2. Proper service of summons
Rule 14
Filing fees:
Rule #1: payment of filing fees is jurisdictional in civil cases
Rule #2: how does the court determine filing fees?
Sun Insurance
Filing fees must be paid within prescriptive period or
Rule #3:
Rule #4:
Alday v. FGU Insurance
Permissive counterclaims require docket fees
judgment.
But if you did not allege it, the court cannot
grant an award because you did not pay
docket fees.
What is the rule on deficient or insufficient payment of
filing fees?
Thornton:
o Husband filed for habeas corpus in RTC Makati to recover child
o
from wife
What are the two kinds of habeas corpus?
N.B.: there are two kinds of habeas corpus custody
jurisdiction anymore.
o Went up to the SC through Rule 43 (appeal to CA from a QJA)
Usually decisions of QJA go up to the CA under Rule 43. What are
the exceptions?
1. HLURB decisions, as provided in charter, appealable to the
SC everywhere.
Filed with the CA, but was denied because the RTC (Family
banc, then SC
3. NLRC decisions, although by a QJA, are reviewable by the CA
Corpus cases.
HELD: Can file with CA.
It has jurisdiction.
SC has
Oca:
o
Court
RTC Makati dismissed the case because the child was
allegedly in Basilan.
What is the effectivity of writs of habeas corpus?
N.B.: Effectivity of writ issued by regular court only
jurisdiction?
After the lapse of the year period for ejectment, has the
claim prescribed?
No. N.B. One year period is not prescriptive period.
again, etc.
Marcoss group that docket fees must be based on the
judgment in DC of Hawaii.
How do you impugn a judgment?
Lack of notice
Lack of jurisdiction
Collusion
Fraud
What is the rule on Arbitral awards?
These must be enforced or recognized
An arbitral award is not a foreign judgment (Under
ADR Rules)
Zamboanga Barter Goods:
o N.B. Rule 65 is not an appeal. It is a special civil action.
o Being one, RTC, CA, and SC have concurrent jurisdiction.
When you discuss concurrent jurisdiction, you cannot avoid
o
discussing hierarchy.
But when you talk about appeals, no need to consider
redress of a wrong
Two types?
Criminal
Ordinary
Special
There are three promissory notes, with amounts of 50K, 100K, and
200K, and there is just one loan. There was failure to pay. How
may fall under the RTC, what controls is the sum of all claims.
o But you cannot do this when not all are for sums of money.
There is a sum of money claim and recovery of property in Cavite.
Can you join the action in Cavite?
o Note: sum of money is determined by amount (personal).
court.
What happens to the balance?
scenario.
Is misjoinder of cause of action a ground for its dismissal?
o No, it will NOT cause dismissal of the principal action.
PARTIES
litem.
o A minor can sue, a minor can be sued if assisted.
What is the rule on married parties?
o Sue and sued jointly.
o What are the exceptions?
Abandonment
assistance.
When can we say that a juridical person has capacity?
o Duly incorporated and registered with the SEC.
[Mild segue into summons] If the defendant is a natural person, how
be sued.
If its doing business but not licensed, it CANNOT sue, but can
be sued.
known).
They CANNOT institute an action as a non-juridical entity.
private suits.
Does it apply to a taxpayer suit?
suits.
Who is a necessary party?
o A) They are not indispensable, B) but ought to be joined if one
Ex. X and Y
(solidary).
Can you sue Y later on, having recovered from X?
impleaded at first?
Yes.
What if there is a solidary obligation, not joint?
not complete.
Can you then proceed against the other one, though not
Yes.
o Can there be judgment?
What if the court did not notice non-joinder, and thus did
a decision?
three.
1. Death
Who should die?
knowledge thereof.
2. Give names and addresses of the legal representatives
substitute for E. There are other heirs who are affected by this
o
or
party.
Ex. Receipt of a widow of support. When
is gone.
What is the duty of the counsel after death?
1. Give notice of death of the party within 30 days.
administrator
to the party
Give examples.
of
accordingly.
Same facts. However, there was no successful substitution (i.e.
appointment
N.B.
The law provides for legal heirs,
sued against
3. There is substantial need to continue the action
Substitution is no automatic. What are needed to be done to
substitute the new public officer?
1. Give notice to the new public officer
2. Opportunity to be heard for the new officer
case.
Indigents Algura v. Local Government of Naga:
Yes.
Can the court order that C be impleaded?
joined.
How then can there be substitution?
order.
In case of death of a defendant in a sum of money case, will there
o
o
o
o
administrator anyway.
But its wrong to say there is substitution, because the
C is just
Resolves the
apparent conflict between Rule 3, Sec. 21 and Rule 141, Sec. 19.
o If the indigent fits within the parameters set by Rule 141, Sec.
Planters did not pay appellate docket fees. But this was in
procedure.
decide cases. Knowing what court is one thing, but knowing where to
file it is different.
There was an agreement to development of a piece of land in
Tanay, Rizal to become a memorial park. The duty of the owner
put drainages, etc. The owner of the land died, and the heirs are
property.
A notice of lis pendens will only lie if it is a right, title, or interest
of lis pendens.
Diaz:
o
PDIC:
o
petition.
involves land.
Where do you file it?
estimation (rescission)
Aileen Marcos case:
o In cases where there are several plaintiffs and defendants, the
codal provides the word principal before plaintiff and
defendant, so that the plaintiffs will not file the case before faro
VENUE
Marcos lives in
principal plaintiff.
Where do you file an action for extra-judicial foreclosure?
For
o
property is located.
But the mere filing and payment of fees (for multiple properties
action.
Where do you file an action for nullity of marriage?
o RTC where the plaintiff resides, where the defendant resides,
Courts issuance)
What should be your first consideration? What is the general rule?
o Rule 4 (rules of venue) applies in general, UNLESS a specific
law provides otherwise.
On specific venues, as provided by law
o Give an example.
venue?
testimony?
matter.
What if I file it in Makati?
Yes.
Manila
What if you want to file an action for perpetuation of
found
Thornton: But if unknown or cannot be found, in the
CA or SC
Can the parties stipulate on venue?
o Yes, they can.
o In an ejectment case, the property is located in Cebu.
waiving all other venues), then you can only file it there.
(PBCom v. Lim is an example of a case with restrictive words)
prohibited pleading.
SUMMARY PROCEDURE
1. Filing of the complaint
o In summary procedure, after filing the complaint, what can
Answer.
judgment.
o After the filing of the last pleading, move on to next stage.
2. Preliminary conference.
o Take note, in SP, it is NOT pre-trial but preliminary conference.
o When does the court set this?
Period of 30 days.
o What happens here?
judgment.
A motion to declare the defendant in default is a
time.
Assuming there is no judgment in steps 1 and 2, move to the
next step
3. Submission of judicial affidavits or position papers
o Is there a hearing in summary proceeding or trial?
No hearing, no trial.
o Within how many days do you submit affidavits?
Within 10 days
o Can the court render judgment?
NOT
submission
for
resolution,
but
clarificatory documents
What are the prohibited pleadings?
1. MTD
2. Reply
3. Bill of particulars
4. MR or MNT
5. Petition for relief from judgment
6. Motion to declare in default
7. Third party complaint
8. Memoranda
9. Dilatory motions for postponement
If is not dilatory.
is dilatory.
10. Motion for extension of time
11. Petition for certiorari, mandamus, prohibition against
Case is dismissed
What happens when the defendant does not appear?
preliminary conference.
Pascual v. Jovellanos
SMALL CLAIMS
(actionable documents)
Who signs the statement of claim?
o The claimant. No need for the lawyer.
o [Atty. Salvador: maybe this special rule is for bar flunkers to
o
o
PLEADINGS
Yes, but it is not a strict and formal trial. You can only
JDR judge
Are there prohibited pleadings?
o Same as summary procedure
o Except in MTD, only lack of jurisdiction over the SM is the
Yes. (Aldura)
None mentioned.
Do the parties have to appear?
referral
In a single sala court: Pairing judge hears and decides the
action arises
2. You can reproduce the contents of the document in the pleading
en toto
actionable document?
o It is an admission ONLY as to the genuineness and due
of action.
What are the kinds of specific denial?
1) general denial
2) specific denial
3) disavowal of knowledge (lack of knowledge
To contribute or indemnify
o Classic case: car crash a hit b hit
c.
C sued B.
B sued A for
indemnification.
Subrogation
complaint
Is the reply a mandatory pleading?
o No.
What is the period to file a reply?
o 10 days.
What do you do in a reply?
o To controvert the new matters raised in the answer
What is the effect of failure to file a reply?
o All new matters stated in the answer are deemed controverted
o What is the reason for this?
[Didnt answer]
What happens after answer, etc?
o Pre-trial
Three important things:
o Signature, verification, and CNFS
What is the effect of a lawyer affixing his signature in a pleading?
o Indicates that he has read the pleading, and to the best of his
knowledge, the information is correct
o And that the filing of the same is not for the purposes of delay
There are some pleadings that are left unsigned. What happens?
o
o
[Didnt answer]
If a lawyer changes his address, what is his duty?
o Inform the court. Failure to do so may lead to disciplinary
action.
What are the contents of the verification?
o That the affiant has read the pleading and the allegations are
true. (Based on personal knowledge, not information and
requirements.
Who signs the verification?
o The party filing the pleading.
Can the lawyer sign it?
o General rule, no. Unless there is some compelling reason.
o
o
it)
Dismiss the case with prejudice
court
Why does the law require that it is the party that signs?
o Because it is only the party, and not even the lawyer, that
knows whether there is another action.
For those with no separate juridical existence, who signs?
court)
o Administrative and criminal cases (since you lied under oath)
o Dismissal of the case
What if there is willful and deliberate forum shopping?
o (Meaning, its not only false, but you also deliberately disregard
o
prejudice.
Can it be amended to cure?
o No, the defect cannot be cured by an amendment. Just re-file.
What is the effect of non-compliance? (Note: this occurs when there
is a CNFS, but you did not respect your commitment under the CNFS)
o Indirect contempt (Failure to comply with order or process of
dismissed the initial case. The second case was whether the
court approved the compromise agreement in the first place.
These are different.
Solar
o
There is amendment for civil cases and there is amendment for criminal
cases.
For civil cases, amendment may either be:
1) As a matter of right
2) With leave of court
When is it a matter right?
o Before an answer or within 10 days of service of reply
o What do you need to file?
NOTICE to amend
When do you need leave of court?
o After an answer has been made
o What do you need to file?
Motion to amend
For criminal cases, the reference point is not an answer. Instead, it is
plea.
Before plea, can you amend?
o Yes, whether as to matter of form or substance
After plea, can you still amend?
o Yes, but only as to matters of form, for as long as it will not
Musa
o
rule.
What are the material dates here?
Period only commences to run from date of receipt of
the decision
Date of filing of the MR
Date of receipt of denial of the MR
action?
o If in the first place there is no cause of action, no amendment
o
application to amend?
1. Yes, if it is a mere formal (typo) amendment
2. For bill of particulars, the court can either order
compliance OR an amendment
3. Motion to dismiss the court can either grant, deny, or
Yes
o Can there be a supplemental reply?
Yes
o Can there be a supplemental petition?
Yes
So what is the general rule?
o You can file a supplemental pleading as long as there are new
o
order an amendment
There was an amendment of an original complaint, which was the
amendment.
HOWEVER, if there are additional defendants, new summons
arisen.
Can there be a supplemental complaint?
Yes
pleading)
For supplements, the events, transactions, or occurrence only
arose after the filing of the original pleading.
DEFAULT
2. Res judicata
3. Litis pendentia
4. Prescription
What is the fifth exception provided by jurisprudence?
Extrinsic fraud.
o Is the fraud needed here the same fraud needed for motion
o
forever
In special proceedings a claim against the estate must
for new trial, petition for relief from judgment, and motion
evidence ex parte
When do you know when a party is in default?
1. Did not file responsive pleading
2. There is proof of such failure
o
o
Yes.
Will E be allowed to present evidence?
No. He is in default.
Can A to Ds evidence be used against E or in favor of E?
Yes. In fact, E can still win the case along with the
others.
Can the court render a judgment after an order of default, without
presentation of evidence ex parte?
o Yes. This is a new provision introduced only in the 1997 Rules
o
of Civil Procedure.
This has not been asked in the Bar examination yet. So be
careful.
Where can there be no order of default?
1. Nullification/annulment/legal separation
o Can there be default in Summary Procedure?
default?
deficient
so
there
is
suppletory
o
Cerezo v. Tuazon:
o Order of default failure to submit an answer, so the defendant
o
is declared in default
Judgment by default after the defendant is given notice of the
defendants defense, which he lost
Remedy for an order of default?
Motion to set aside or lift an order of default based on
FAME (under oath, and you have to show you have a
good defense)
SSS v. Chavez: This must be accompanied by a
was alleged.
BILL OF PARTICULARS
appeal
After the reglementary period (i.e. when there is entry
of judgment) Petition for relief from judgment
6 months from entry of judgment AND within
certiorari.
Amendment to conform to evidence What if it was not
allowed, but the evidence was proven, can there be a valid
Service
have?
o You still have Five days.
What action can the court take on a BOP if you fail to comply?
1. Motion to strike out
2. The case can be dismissed (Virata v. SB) Rule 17, Sec 3: non-
Filing
service by mail.
o [This is different from substituted service of summons]
How do you prove service by ordinary mail?
o Affidavit
What is completeness of personal service?
o Actual delivery
What is completeness of registered mail?
o Actual receipt or 5 days after notice of postmaster
o whichever comes first
What about ordinary mail?
o 10 days after mailing
What are the proofs of personal service?
o Written acknowledgement
o Affidavit of the person serving
o Official return of server
plus before you file, secure a certification from the post office.
Take note that a return card is required by law to be filed, but in practice,
we do not.
What is the priority of service?
o Personal service is always preferred
o What is the effect of filing by registered mail?
Yes.
Do you need court approval to effect a notice of Lis Pendens?
o Not at all. Just send a memorandum to the ROD, even without
o
court involvement.
When do you need court approval?
o When you intend to cancel the notice.
o Grounds:
1) purpose is to molest other party
2) no need for the notice to protect the rights of the parties
who caused it
Payongayong:
o Priority of service is ALWAYS personal. If you cannot do it
personally, you give an explanation
Same as filing priority is personal. Otherwise, you give an
personal service
What if you dont comply?
explanation.
United Pulp:
o Hypothetical There is a principal who is out of the
Philippines, and he designates X as his attorney-in-fact.
Summons
Can
personal
service
and
substituted
service
work
simultaneously?
o No. Personal service first, and this is the priority. You cannot
Where?
WHEREVER HE IS FOUND.
Yap rule.
What are the requirements for substituted service? Under what
circumstances?
o Only if personal service is IMPOSSIBLE.
o Proof of this: defendant cannot be served summons after all
office.
What does in charge mean?
return.
Why is this important?
mean by this?
o For the sheriff, 15-30 days according to jurisprudence. After
the 30
o
th
helper can.
For offices, to whom must it be served?
o To a a) competent person b) in charge.
o Can a middle manager the same rank as Mr. X receive
o
o
you?
Can substituted service be served on non-residents?
o No. None as a general rule. You cannot do substituted service
o
o
to a non-resident.
[Sec. 15 does not talk about this situation. Sec. 15 talks about
non-resident and cannot be found.]
Is there an exception?
in-fact.
In Secs. 14, 15, and 16: how can summons be done?
o By publication.
Distinguish.
Just publish.
Against who?
Philippines.
In what subject matter?
1. Involving personal status of the defendant
2. Property of non-resident defendant
3. Property is attached
4. Where defendant has actual or contingent
serve.
What is the purpose of summons?
o So the court can peg a date when it acquired jurisdiction over
the person.
What is the proof of service of summons?
o Sheriffs return.
Note the rules on:
o Provinces
o Prisons
What is the rule on voluntary appearance?
o It is not equivalent to summons, but if there is voluntary
appearance, summons can be dispensed with.
What is the rule on Motions to Dismiss?
o If you file a Motion to Dismiss, even if you join other grounds
other than lack of jurisdiction, you are not deemed to have
o
None provided
jurisdiction.
Maximo v. Montalban:
o In this case, his residence is known and he is just temporarily
absent. So substituted service is not proper.
Samarino v. Ralu:
Here, the sheriff did not prove that facts and circumstances that
MOTIONS
What is a motion?
o It seeks relief, but not a pleading.
o It does not raise a claim, nor does it raise defenses in an
answer.
Does a motion to dismiss take the nature of an answer?
To parties.
hearings.
Absence of a notice of hearing has what effect?
notice rule)
What is the ten day rule?
o The hearing itself must be scheduled no later than 10 days
MOTION TO DISMISS
(Three day
Ex. you file it December 6. The last date you can set
How
do
you
determine
subject
matter
amending BP 129
2. Lack of J over the defendant
Or voluntary appearance
3. Improper venue
1. Final judgment
3. Judgment on merits
Is this waivable?
o YES.
Because it is not
jurisdictional.
Ex. Earnest efforts to compromise
Ex. Exhaustion of administrative remedies
But
jurisdiction?
defense.
Why is such court attitude?
answer?
and
permissive
separate action.
PRE-TRIAL
This
compulsory counterclaim?
Yes.
proceedings?
DISMISSAL OF ACTIONS
answer.
Can this case be re-filed?
Yes.
pre-trial.
Before actual pre-trial, a few days before, what happens?
o Preliminary conference before the clerk of court. It will be
recorded and will form part of the pre-trial record.
30-60 days.
But in the same order, the court will say that if within
this period, there is no compromise, there will be
[stepped out]
What do you need to submit at pre-trial?
o Pre-trial brief.
o What if you fail to submit a PTB?
What happens?
It will be re-scheduled.
What if the accused is absent?
confront witnesses.
RULE 118.
TAKE NOTE OF THIS.
THIS IS THE
and accused.
independent evaluator.
Unless the parties consent to continue with the JDR judge, it is
mandatory that there will be a new raffle and the new judge
who will hear, try, and decide the case is the trial judge
This step happens when the Clerk of Court receives the
INTERVENTION
separate action
When can you intervene?
o You can intervene any time before rendition of judgment in the
trial court
Here, the
Types of subpoena?
o Ad testificandum: appear and testify
o Duces tecum: appear and bring with him the documents or
things
No.
rules
Can the clerk of court issue a subpoena in the absence of a judicial
depositions?
agreement/stipulation
In foreign country, 1. Embassy, legation, consular
officer/agent 2. One authorized by commission or
letters rogatory, 3. Stipulation of parties
This is distinguished by
Philippines
B) Is dead
C) Unable to attend to due age, sickness, imprisonment,
etc.
D) Cannot compel
Then?
Yes.
After the signature, what next?
attendance
of
witness through
subpoena
E) Exceptional circumstances
Can a subpoena be issued by reason of deposition taking to make
knowledge.
What are the uses of deposition?
1. Impeach testimony of witness
and complete
If the procedure is not followed, what will happen? What is the
consequence?
o A party can file a motion to suppress deposition because the
rule.
If you take a deposition, are you compelled to present it in court?
o No.
If you use a part of a deposition, can the rest be presented?
o Yes.
Always distinguish between take and use.
Who are disqualified to be deposition officers? [Memorize; this has
defect
When is the period to object?
o The same as the period to file the responsive pleading.
o So to question direct: 10 days (period to file cross)
o To question cross: 5 days (period to file re-direct)
o To question re-direct: 3 days (period to file re-cross)
Can you take deposition even after pre-trial?
o Yes.
o Do you need to reserve?
judgment by default
However, in the old case of Arellano, the court
dismissed the case due to refusal to be subjected to
deposition. But the SC said it was wrong. In this
case though, the matter subject to deposition is an
matters)
o Yes.
Can the other party oppose the taking of a deposition?
o Yes.
o Under what grounds?
words
It is irrelevant
document?
INTERROGATORIES TO PARTIES
party
Re: time to answer
Rule 23 no fixed time to answer, because what dictates the
the officer)
Rule 25 15 days from service thereof
Are the uses of the depositions the same?
o Between Rule 23 and 25, the same
What is the effect of failure to serve written interrogatories to
parties?
o You cannot compel the adverse party to testify if you did not
o
Sec. 12
It is different if you call on the witness the accused
himself (in a criminal case)
to be genuine or true
But in the meantime, advanced by the party requesting
o
o
discovering evidence. If you like what you see, you still have to
So limited in its use that even the 2004 guidelines do not include it
When can you apply for this?
o Mental or physical condition is in controversy
This is the only mode of discovery where the court can motu propio
issue it. The other modes, you have to apply for.
What is required?
1. Also upon motion
27
PHYSICAL AND MENTAL EXAMINATION
party
It must refer to the same condition. So if the examination was
on the other partys head for mental examination, she can only
matter.
o It does not have to be the only issue, but it has to be in issue.
What is the consequence if the copy of the examination is given to
controversy
o Ex. Guardianship, Physical Injuries,
What does in controversy mean?
o It has to be one of the main issues of the case, not just a side
physician?
He waives any privilege in that action or another action involving the
same controversy, as regards testimony of other examining persons,
CONSEQUENCES OF NON-COMPLIANCE
He can be arrested
o
TRIAL
testimony.
But there is distinction between conditional examination of
witnesses for the prosecution and condition examination for
superior court.
But the law does not say its deposition. But its akin to such,
case?]
Can there be judgment without trial?
o When parties agree on facts
o [spaced out]
What are the grounds for cancellation of hearing (actually,
postponement)?
1. His presence is indispensable and illness is excusable
Both civil and criminal procedures will not provide for conduct in
accused.
Its inherent.
o
o
o
Default
Application of indigent
As in default [did not appear
during PT]
3. Parties agree in writing
Can an adoption case proceeding be delegated to the clerk of
commissioner?
1. Requires examination of long account
2. Taking of account necessary for courts information for court to
render judgment/execute it
3. Question of fact arising from motion
Can a commissioner issue a subpoena?
o Yes.
of the report
BUT, must
make
it
before
the
commissioner
during
TRIAL BY COMMISSIONER
Who is a commissioner?
o Person authorized by the court to
o Ex. auditor, referee, examiner
Any matter can be referred to the commissioner, when?
o If the parties consent. ANY MATTER.
But if the parties do not agree, what can be referred to the
authority)
Can he resolve objections?
o Yes.
o N.B. this distinguishes him from a clerk of court
When are commissioners mandatory?
o Expropriation mandatory in second stage
o Partition only optional
clearly objectionable.
CONSOLIDATION
There was a case where the court allowed for the consolidation of cases
in two different judicial regions even when it was not even an issue in
the MR?
o You cannot appeal a denial or file for certiorari until final
the case!
DEMURRER TO EVIDENCE
Despite the acquittal, the court can still hear the case as to
case.
In criminal cases, can you file demurrer without leave of
court?
File certiorari
But in criminal demurrer, can you file for certiorari after denial of
from which the civil liability would arise does not exist.
So if the accused was not able to present evidence in the
P v. Cachola:
so.
Can you file a motion for judgment on the pleadings after
pre-trial?
Y sues X.
Is this
the pleadings?
o Summary judgment; although there appears to be an issue (X
o
sham or fictitious.
Cannot lead to judgment on the pleadings, because there was
no admission of material claims.
JUDGMENTS
courts fault
2. Clerical or typographical errors
3. Void judgments
4. But some judgments cannot really obtain finality like support
Is the judge required to take notes during course of hearing in
Is an MR a prerequisite to appeal?
o No.
In a case involving summary procedure, is MR allowed?
o No, it is a prohibited pleading
How many days to file?
o 15 days
o Can it be extended?
Cannot be extended
extension on an MR
So whats the remedy?
But
The grounds are different. In MNT, the grounds are FAME and
newly discovered evidence.
Extrinsic fraud.
What is mistake?
the result
What are the grounds for MR?
1. Evidence not sufficient to support the judgment
2. Excessive damages
3. Decision contrary to law
What is the fresh period rule?
o Neypes: After denial of an MR, the period returns to 15 days
Does the Neypes ruling apply to other kinds of appeal?
o Rules 40 and 41 (ordinary appeal) covered by Neypes ruling
o Rule 42 (petition for review) no need for Neypes ruling,
o
o
(ordinary appeal)
How many times can you file an MR?
o Just once
How many times for a MNT?
o Can be multiple, as long as on grounds not existing when the
first MNT was filed
without retaking
Can there be MNT in the appellate court?
o Yes, but with different rules and only to the Court of Appeals
o
of due diligence
3. If considered by the court, it could later/change
o
there is no ground
You file an MR.
Why?
motion to set aside the judgment. Court denied the motion to set
You file a petition for relief from denial of appeal if you
o
o
action; it is not an appeal. You file this for a decision of the MTC, to the
RTC and for a decision of the RTC, to the CA.)
The sixty days can only move around the six months.
If you found out the day before six months expire, you
parties.
2. The learned of the judgment 2 months (60 days) from learning of
resort to petition for relief from judgment. Take note, that there
It requires
jurisdiction?
the heirs who learned of the judgment came forward and filed a
instance?
(Intramuros)
Is a full blown trial required for a motion for execution?
o No.
Can execution pending appeal be applied for to the TC after the
appeal has been perfected?
o For as long as the TC has jurisdiction over the case.
jurisdiction.
o But there is no clear answer.
In an ejectment case, which court issues the order of demolition?
o The court of original jurisdiction, i.e. the MTC
o What is the exception?
matter of right.
What is the exception?
1. Perishable goods
If you went beyond 5 years from entry of judgment, but are still
within the prescriptive period, you can file an independent
action to execute.
When can you file a motion for execution?
o Within 5 years from entry of judgment
After lapse of period of ten years, can you still revive it?
o No.
o Is it always ten years?
Section 8: Contents.
o Do the contents have to always be there?
In cash.
o Payment must be made to whom?
To his representative
To the sheriff
o Can payment be effected not by cash (Ex. check or PN)?
Go to
Go to
Garnishment
o Custodian of the funds/deposit/royalty has to make a report.
o How many days to report?
No.
Specific acts
o If the court requires the obligor to do something, but he
o
complied with.
Give an example.
The court
orders that
there must
be
X refuses.
whoever/whatever office
Can an order for demolition be given along with the writ of
execution?
No.
hearing.
When can there be contempt?
refusal to comply.
What are the properties exempt from judgment?
o Family home, homestead, and the land
chance to cultivate
Libraries of professionals not beyond 300K
Furniture for the family not beyond 100K
Beasts of burden (up to 3)
Tombstones
No.
o [Among others]
When can you apply for a motion for execution?
o Section 14. This also tells you the life of the writ.
o What is the life of the writ?
Requirements of sale
Certificates of sale
Redemption
Redemption period
public sale
Who will be entitled to fruits/profits of the property
What if after participating in the sale, you are unable
to take possession of the property remedies
even by publication
What if it is a perishable good or personal
property?
o
o
o
o
sale
In all cases, notice at least 3 days before the
sale
What time must the sale be?
property is located
Is a certificate of sale mandatory for personal properties
capable of manual delivery?
No, it is not.
certificate of sale
real properties.
Who can redeem?
by
credit,
o
o
property.
Who has possession during redemption period?
Obligor.
Who is entitled to fruits and profits?
Obligor.
encumbrance
(redemptioners)
What is the distinction?
year, non-extendable
Once the judgment obligor redeems, no
be invalid.
Beyond the redemption period, can it still be
redeemed?
It is
as
redemption
never
property.
If the judgment obligor does not redeem,
anymore
not
But I already
action
2. You can have the judgment revived in the name of the
refuses to recognize the title of the obligor, the obligee could ask
If there is sale within this period, the obligee (!) will be the one
obligee.
In this case, he can execute just like any
for an order to have the property sold for a period of 120 days.
he can garnish.]
In execution, you need to remember the word satisfaction. Sections 44
of the writ
2. Written acknowledgement of the judgment obligee or counsel
3. When there is an endorsement on the face of the records of the
and 45 have this end in mind. The books of the case will not be closed,
even if you won, if judgment has not yet been fully satisfied.
What are the remedies of the judgment obligee is the writ of
execution as returned shows that the judgment has not been
satisfied?
1. Call the judgment obligor and have him examined in court,
has been satisfied, the court may enter that it has been satisfied.
What are the effects of domestic judgment? (MEMORIZE)
1. As against a specific thing, condition/status/relationship of a
party conclusive?
Its only presumed
2. Res judicata
case
Even if the other party does not consent, but the court believes that it
through subpoena
2. Call on the stand the debtor of the judgment obligor to be
penalized (odd).
What are the 3 scenarios to show full satisfaction?
1. The writ of execution has been returned to court
Every 30 days, the sheriff has to report on the status
therein
What are the effects of foreign judgment?
1. Conclusive as a specific thing
2. Presumptive evidence of rights between parties
How do you enforce foreign judgments?
1. File a verified petition in the RTC
2. There was jurisdiction of the court over the subject matter and
APPEALS
a fresh period
Can you extend the period of 30 days?
o No
the record
Where do you file a notice of or record on appeal if you are in the
[*NOTE for Bar review: check your Appellate Practice notes. Theyre better,
The procedure is
lose
Prosecutor?
genuine
Is the enumeration in Rule 43 of QJAs exclusive?
o No.
o Can the decision of the Office of the President be reviewed
by the CA?
Yes.
Can the decision of the HLURB be reviewed by the CA?
Yes.
o CTA by the CA?
agency
What are the periods?
o Same for Rule 42 and 43 15 days
o Can you ask for an extension?
period.
Can you ask for a second extension?
Certiorari.
o Except: In a criminal case where the punishment is Life
Imprisonment, Death, or RP you go to the SC through
Ordinary Appeal
Petition for Review on certiorari what is the period?
o 15 days.
o Can there be extension?
realized I needed more time. Can I ask for the last 15?
conference.
o What is the effect if the appellant is absent here?
RULES 44-56 CA
jurisdiction?
arguments
for
certiorari,
annulment
of
judgment,
evidence.
MTC decision?
decision?
period
50.
Rule 50 enumerates grounds for dismissal of appeals.
Browse through this.
courts jurisdiction
What does service of order or resolution mean?
party.
BUT in the Court of Appeals, motions in the CA need
Dismissed.
decision
CA from the time appeal is perfected and as long as
the CA has jurisdiction
No.
For appealed cases to the Supreme court, what is the mode?
o Rule 45 the only way to go up to the Supreme Court
o PLUS: Rule 48 (preliminary conference), Rule 51 (judgment),
o
Remember Sec. 1 and 3. Memorize the cases that will be originally filed
in the SC.
What are the cases that can be originally filed in the SC?
o Certiorari, prohibition, mandamus, quo warranto, disciplinary
against
members
of
the
Bar/bench,
If
IBP.
Found in the Constitution: Constitutionality of law, treaty,
upon motion.
To answer the question: there are three stages for attachment
against
defendant.
Remember you could file an attachment will the initiatory
pleading and apply for it ex parte. You can also apply for it
Rule 52 (MR)
Is there oral argument?
No.
RULE 57 ATTACHMENT
actiosn
Wrong process.
o
o
fraudulent
5. Action against a person who removes/conceals property
time
How do you discharge an attachment?
1. Most common: post a counter-bond
What is improper?
pendent lite.
Where can you apply for it?
First: If not for the fraud, the other party would not
attachment.
Section 20 applies to all provisional remedies except support
2. Amount thereof
Can actual damages cover unrealized profits?
Yes.
But the amount must be supported by
independent evidence of mean income of the
business undertaken.
How do you prove moral/exemplary damages?
bad faith.
How about attorneys fees?
unregistered sale.
fraud must be related to the execution of the agreement and must have
attachment was treated as a third party claim (can also be found in Rule
57, Sec. 14). Works as the same manner as a third party claim, except
hearing.
Security case: Two ways to secure discharge of attachment. 1) Party
security. 2) Said party can show that the attachment has been
discharge.
Contents of affidavit for attachment?
1. Cause of action
2. Statement that the grounds apply
3. There is no sufficient security
What if the court renders a judgment and there is a previous
attachment, duly registered, what will the subject of execution?
o If there is money duly garnished or obtained through sale of
o
judgment?
o Court proceeds with ordinary execution to cover the balance.
RULE 58 - INJUNCTION
It was amended
preliminary injunction:
Principal action seeks a judgment for a final injunction which
quo
Estares: A writ of PI based only on initial and incomplete evidence
is this allowed? What kind of evidence is required?
is stationed in Marawi)
o No. A writ can only be issued in the judicial region.
What is the purpose of the bond?
o To protect the person against whom the writ of injunction has
o
been issued
The posting of a bond in connection with PI does not operate to
relieve the party obtaining the injunction from paying damages
the bond only gives additional protection in favor of the
defendant
So Rule 57, Sec 20 also applies here. Read above, on the
and substantial
3. There is an urgent and permanent necessity for the writ to
injunction?
o Yes. There could be a principal action for injunction. There is
a distinction made in this case between principal action and
PI.
Borromeo: Where the parties stipulated in their credit agreement, PN,
raffle
contract, etc., that the mortgagee has the right to foreclose in case of
default, this defeats any future claim for the issuance of a PI.
SC Circular (2007): On issuance of PI on extrajudicial and judicial
foreclosure cases.
1. Today it is not enough to say that you have paid the amount.
Mere allegation of payment without showing actual payment is
preliminary injunction.
If you file a petition for certiorari against the PI, does it suspend
No more.
period.
Unless you obtain a preliminary injunction
Can a preliminary injunction be issued without notice and
Minimum requirements of
hearing??
o No. NEVER. There must always be notice and hearing.
o The hearing is always summary in nature whether TRO or
Is a counterbond enough?
No
No
RULE 59 RECEIVERSHIP
The only provisional remedy that can be applied for post-judgment and
even if it is already final and executory.
Grounds:
1. Property is in danger of being lost
2. Property is in danger of being wasted/dissipated
RULE 60 REPLEVIN
PROV
REM
WHERE
THE
PROPERTY.
What are the contents of the affidavit?
o Memorize this for the bar
1. The applicant is the owner of the thing
2. Property is wrongfully detained
3. Property is not lawfully taken
4. The fair market value of the property
When can replevin be applied for?
o You can only apply for this AT ANY TIME BEFORE AN
o
ANSWER.
For the other provisional remedies, you can apply anytime
release
What is the value of the bond?
o THIS IS THE ONLY
the application
3. Preserve property during pendency of appeal, dispose of it
carry judgment into effect
4. Other reasons the court finds convenient
Requires a bond
How do you dissolve the bond?
1. Show no cause
2. Post a counterbond
In attachment,
BUT because of the ADR rules, you can file any provisional
another court?
o No. It is in custodia legis.
Can goods under custody of an agency of the government (here,
57 Rule 23. The general rule is you can only recover damages
o
damages.
You
ask
for
court proceeding.
Can you dissolve support pendente lite?
o When there is no reason to give support pendente lite.
RULE 62 INTERPLEADER
This is the only provisional remedy that does not require a bond. The
o
four others require a bond. The person applying for support obviously
needs money.
recover
dont
reimbursement.
What if there is refusal to comply with court order to give support?
o The court can order execution.
o There are only two instances where there can be writ of
execution even when there is no final judgment:
action. In Rule 39, a third party claimant can only vindicate his
executory.
What is the rule on intervention (Rule 19)?
You
N.B. For all these other provisional remedies, just follow Rule
breach.
Second paragraph of Sec. 1: -- covers other similar remedies
o Removal of cloud
o Quieting of title
o Reformation of instrument
construction
3. There must have been no breach of the documents in question
4. Actual justiciable controversy
5. Ripe for judicial determination
6. Adequate relief is not available
Bottomline: purpose is for interpretation and determine validity. Its not
about constitutionality.
o Also, there must be no breach
What if there is breach?
o There will be conversion to an ordinary civil action. This is the
extendable.
o But the period can be interrupted, if an MR is allowed. In which
COMELEC/COA
1. This is actually a petition for certiorari. If you file under Rule 64, it will be
named a Petition for Certiorari
2. The period to file a petition for certiorari under Rule 64 is 30 days, non-
and COA.
NOTE: For 43 and 64, all the attachments are certified true copies.
The reason is you involve Quasi Judicial Agencies.
First rule of Rule 65: you do not talk about Rule 65. Second rule of Rule
65: you do not talk about Rule 65. You have to fight on your first night.
Real first rule of Rule 65: this is not an appeal
Elements of certiorari?
o 1. GADALEJ
o 2. No plain, available, speedy ordinary remedy
What is prohibition? Should there be GADALEJ?
performance.
Can an OMB judgment be reviewed?
o Generally, under Rule 43.
o However, if the decision of the OMB in a criminal case is
tainted with GADALEJ, Rule 65 Certiorari can be filed with SC.
In prohibition, you cannot prohibit an act that has already been
performed. It is already moot.
5)
1. His claim
QUO WARRANTO
RULE 67 EXPROPRIATION
If
it
involves
government
facility
which
is
subject
of
[double check]
Gingoyon: The government must pay at least the proffered
value, not the assessed value. (RA 8974 the deposit for
withdrawn
Government entered property (took it) and caused demolition of
improvements. But before there was order for expropriation, the
accepted
Can a complaint for expropriation be withdrawn?
o It can be withdrawn for as long as there is no judgment yet
o Once there is an order for expropriation, it can no longer be
publication
What is diff between JF and execution?
o When there is award of JF, the mortgagor continues to be in
o
o
Banking law.
What is the redemption period in JF?
o Equity of redemption: period 90-120 days.
o This is just the general rule. If there is a law giving a longer
o
o
o
comes first.
Metrobank v. Tan:
o Involves filing of a civil case involving annulment and
o
law.
Conventional redemption beyond the redemption period, and
you still want to redeem, and you would like to agree on a
If the
different price
So the redeemer
Governed by Rule 39
2. Judicial foreclosure sale
Rule 68
3. Extrajudicial foreclosure sale
Act 3135
What is the jurisdiction of courts in JF?
o Any right title or interest over real property depends on
assessed value. So decide whether its RTC or MTC.
RULE 69 PARTITION
In the last five years, there were questions in the Bar exam, but they
involved EJ partition, not J partition.
Compare an EJP from a JP?
o JP covered by Rule 69
If the
under EJP?
o Within a period of 2 years.
Can you contest a JP?
o Paramount rights cannot be prejudiced, even if there is
judgment already
Can JP cover both real and personal properties?
o Yes.
Distinguish.
o Forcible entry possession by reason of force, intimidation,
o
Needs publication
Do you need a bond?
questions of ownership.
Salient portions of procedure:
o In ejectment cases, unlike ordinary cases, the court can
o
satisfied.
Third chance to make a decision: 30 days from filing of last
Covers arrearages
3. Pay the monthly rentals before the trial court
Can you file an MR in an ejectment case?
o No, it is a prohibited pleading.
o Dont file an MR, file a notice of appeal.
Are you entitled to a provisional remedy?
o Yes. You can apply for a TRO or preliminary mandatory
injunction so you can recover possession in the pendency of
the case.
But you have to file it within 5 days from filing of the complaint.
stayed.
Even an appeal will not stay the execution.
RULE 71 CONTEMPT
a judge
It MUST be within the four corners of his office
Ex. Refusal to take the witness stand or refuses to take an
Fine not
exceeding 200.
Penalty for indirect contempt?
o RTC or up. Imprisonment not exceeding 6 months, Fine not
exceeding 30,000.
o MTC not exceeding 1 month. Fine of 5,000 pesos.
What is difference between criminal and civil contempt?
o Criminal contempt disrespect of the court/judiciary
o Civil contempt violation of right of other party
o Can there be administrative contempt? See below (QJAs)
In case of absence of rules in QJA, what is the rule?
o Venue is where the contemptuous act was performed
o Rules of Court apply
determines jurisdiction.
Contrast with civil law where these are separate concepts.
The crime of stabbing was committed in Makati; where can
it be filed?
venue.
Ex. Estafa, where the elements may be committed in
o
o
damage in another).
Ex. BP22 either place of issue, or where the check
bounced
Can an offense be committed outside the Philippines yet be filed
here?
o Yes.
1. Exceptions under article 2 of the RPC
2. Under the Human Security Law (Sec. 49)
institution was still the place where the crime was committed.
Where is this rule allowing transfer of hearing found?
the SC.
What is the jurisdiction of courts under RA 7691?
o RTC: Penalty exceeds six years imprisonment, w/n committed
Laguna.
What happened here was a mere transfer of venue. What was
SC Circular 09-94
jurisdiction.
What is the jurisdiction of Special Agrarian Court?
o This is important because there can be a penalty for its
o
violation.
DAR court has exclusive jurisdiction over all matters pertaining
to the DAR Law
or airship)
Act against Philippine citizens or against a specific
ethnic group.
But there can be instances where the hearings are conducted
elsewhere. Is this an exception?
o No, its not an exception, even if there are instances like the
Ampatuan case being heard in Manila instead of Maguindanao,
Yes.
Can there be instances when you are not SG27 and still be under
the SB jurisdiction?
o Yes, if there is an express provision.
o Serrano: UP Student Reagent is a public officer under the
SBs jurisdiction.
Yes, but this is not under the law but under the powers
compensation and she was not a public officer. While the first
the board]
What if the public officer is not SG27 but the office was a
court.
What is the concept of a prohibited second MR?
o As a rule, a second MR is a prohibited pleading.
o Padiola: Such motion is prohibited and will not be allowed
leave.
What determines jurisdiction of the court?
o It is determined by the allegations in the information
o And any one of the ingredients of the offense or the offense
SG27.
What if a co-accused is a private party?
o Yes, the SB can have jurisdiction over him.
Which court has jurisdiction to file hold departure orders?
o Monejar: An MTC court CANNOT. Only an RTC can issue a
one.
What is the difference between a HDO and a watch list?
of the Executive.
There must be probable cause for the DOJ to issue
administrative action.
The degree of evidence is different (proof beyond
you are a public officer means that the OMB has jurisdiction.
Is the OMB a court?
QJAs).
Which decisions of the OMB in administrative cases are
unappellable?
an information
How do you review the decisions of the OMB?
o If it is a criminal case and there is GADALEJ, you go to the SC.
o Ordinarily, it can be reviewed by the CA under Rule 43 (for
courts?
o The powers granted to the OMB are very broad, so it can.
Who represents the people during trial?
o Office of the Prosecutor.
Who represents the people during appeals?
o Solicitor general
What is controlling in determining the age of a child in conflict with
the law?
o Remember, below 15 years of age, he is exempt
o 15 to below 18, exempt if without discernment
MM/CC
OMM/OCC
Requiring PI
Not requiring PI
already amended.
o And the Ombudsman.
Can there be direct filing in a Metropolitan TC (METC)?
o No. Just a MTC (Municipal Trial Court).
What is the procedure in MM, requiring PI?
o The entire Rule 112, Sec. 3
What is the procedure in MM, not requiring PI?
o Only Rule 112, Sec 3(A)
On a BP 22 case, when is the prescriptive period deemed as
interrupted?
before), and so when it was filed with the JOP for PI, then the
o
period.)
Who has control and supervision of a criminal case?
o The public prosecutor.
o So what are the 3-fold duties of a PP?
1. Conduct preliminary investigation
2. Prosecute a case
3. Conducting inquest proceedings, consistent with Rule
o
112, Sec. 6
It means that the public prosecutor must be there during the
offense.
o Applies to seduction, abduction, and acts of lasciviousness.
Who can institute a rape case?
o The minor, the victim, parents, grandparents, guardian, State in
o
default
The minor now can file alone, without assistance of parents
concubinage?
o Can only be instituted by the offended party.
When is there sufficiency of information?
Singkit)
What if there is no nickname or appellation?
5. Date of commission
Election offense
Infanticide
No.
6. Place
Law
Recent SC decision: Even in the absence of a
No.
Even more reason for qualifying circumstances.
How about mitigating circumstances?
accused.
4. Facts or circumstances constituting the offense.
Is there an exception?
o Yes. If there are multiple offenses in one information and the
against him.
Can you amend an information?
can be used
o Yes.
Can you substitute an information?
o Yes.
o We always remember amendment,
but
forget
about
substitution.
When can you amend or substitute?
o Whether a matter of form or substance, there can be
o
No.
Can you still change a matter of form after a plea?
formal amendment.
Ex. The original case is for rape, except that
accused.
What is downgrading and exclusion?
o Downgrading is lessening the offense (ex. robbery to theft,
o
o
Before plea.
What are the requirements for exclusion or downgrading?
1. Upon motion of prosecution
2. With leave of court
3. With consent of the offended party
have to.
In exclusion before plea, double jeopardy has not yet attached
BP 22 cases
strict rule.
2. Waived
3. Instituted ahead of the criminal case
When is there need for filing fees?
o Moral, nominal, exemplary, temperate damages require filing
o
fees.
Actual damages do not require filing fees.
question?
1. The court
2. The prosecutor, conducting PI
When do you file the motion?
o Anytime before the prosecution rests is case
Can an administrative case suspend a criminal case on the ground
of prejudicial question?
o No.
Can another criminal case suspend a criminal case on the ground
of prejudicial question?
o No.
If there is an independent civil case filed before the criminal case,
committed
What is a prejudicial question?
o A criminal case will be suspended when there is a pending civil
The court.
What will be suspended?
resolved.
What are the requisites?
1. The civil action was filed first
2. The resolution of the civil action is determinative of the criminal
action
Give an example of a prejudicial question.
o Can trespassing be only committed against the owner of a
property?
not
If the civil action was instituted ahead of the criminal, and there
What is PI?
o Where the prosecutor determines whether there is probable
No.
law
Who can conduct preliminary investigation?
o City prosecutors, and their assistants, Provincial prosecutors
assistant
No (?)
Is service of a subpoena and receipt thereof necessary for the
o
the
assistant prosecutor?
o He has discretion to reverse it.
If the assistant prosecutor believes that there is
probable cause, he prepares a resolution AND an
Raffle
happens?
secret)
What is the procedure if someone is arrested for vagrancy, without
warrant?
o Note that vagrancy does not need preliminary investigation, so
No.
When are inquest proceedings applicable?
o It must be due to a warrantless arrest:
A. In flagrante delicto
the crime
knowledge
If a person is arrested with a warrant can he be placed on inquest?
o No.
What if he was arrested for an offense for which he was previously
charged, and then he escaped from detention and he was arrested
without a warrant?
o Inquest must be conducted.
How do you appeal a resolution?
o Within 15 days, file a Petition for Review to the DOJ.
o Must the petition be verified?
Yes.
o Can the period be extended?
No.
o If the DOJ decision is adverse, to where do you go?
perpetua or higher)
Can you have the DOJ review the resolution if the offense
in question does not require a PI?
for
its
charging,
with
reinvestigation
least
preliminary
at
it,
with
so
one
the
files
Office
for
of
a
the
Prosecutor or in court.
o
o
If the court
procedure?
BP 22
When can you file a motion for determination of probable cause?
o After filing of information, but before the judge has acted on it
o Can you file after issuance of a warrant of arrest?
No.
Will the filing of a petition for review suspend the issuance of a
warrant of arrest?
o No. The mere filing of a petition for review will not suspend the
without warrant?
1. Judicial bondsman may arrest him to surrender accused to court
2. Attempt to depart the country
3. Person who has been lawfully arrested and has escaped
After arrest what do you do?
1. Bring him to the police station
2. He will be incarcerated until he files for bail
procedure.
No.
You are released for preliminary
investigation.
This just means the affidavit-complaint of the
police officer used as basis for inquest will be
What
if
you
apply
for
preliminary
investigation?
o You sign a waiver of Art. 125.
o Can you then apply for bail?
executive judge.
After waiver of 125, what is the next step?
o Go to preliminary investigation.
What if you did not ask for a preliminary
investigation?
o An information can be filed
o Afterwards, there is arraignment
the case.
If its a non-bailable offense, its a different
The owner
must
be
resident
of
the
Philippines
Registration of the lien must be done within 10 days
property?
No.
4. Recognition
Yes.
What are the stipulations in a bond?
1. Bond is effective upon approval and unless cancelled
2. Accused must appear in court if required
3. Failure to appear in trial is deemed a waiver
N.B. thus if the case started in the MTC, you filed for
and were given bail, it can continue up to appeal in
the RTC
2.
Overt act is done within the presence or within the view of the
arresting person or officer
d.
2.
3.
ii.
iii.
iv.
same point
Right to be present in the course of the proceedings
o What is the consequence of his absence in the hearing?
Or accused is in prison
5. In the SC have their own guidelines
Right against self-incrimination
What is the concept of chain of custody in the DNA rule?
o Usually its a concept that is connected with drugs, as re:
4.
merely corroborative
If the value is 99.9% or higher it is a disputable presumption
Why is it just a disputable presumption?
o
o
Yes.
Where and when should it be waived?
Its fine.
21.
(offensive
to
decency/public morals)
Does public trial include public viewing on TV or radio
broadcast?
What
for
speedy
trial
under
the
180 days
orders
Pre-trial
exceeding 30 days
Orders of inhibition or change/transfer of
venue
Prejudicial question
Any period not exceeding 30 days when the
proceedings,
as
long
as
not
to stand trial
4. Prosecution dismissed information upon motion and
basis
What if its in criminal procedure?
Certiorari
Prohibition
Mandamus
Rule 119 has a computation. How long is the maximum
time between arraignment to trial?
80 days
Constitution?
Habeas Corpus
then filed another charge for the same case the time
limit between the dismissal and the subsequent charge
5. There is a co-accused over whom the court has not
acquired jurisdiction or for whom time for trial has not
run and no motion for separate trial is granted
6. Continuance granted by the court motu propio or on
motion
Rule 65 certiorari.
special cases.
In another case, there were 20 postponements. The
acting in GF.
o What is VCO?
accused?
Right to appeal
o Will be discussed below (Rule 122-125)
and
the
lawyer
actively
participated
proceedings.
What are the kinds of pleas?
1. Plea of guilty
in
the
offense
B. Plea of guilty to capital offense
Punishable by death.
What is required?
o Conduct searching inquiry to see if
the plea
What does it entail?
1. Background check (age, education,
A. Conditional plea
socio-economic conditions)
2. Conduct of custodial investigation
3. Explain the nature of the offense and
extenuating circumstances to the
accused
guilty?
o No. The accused must be the one
fully
plea
X pleaded guilty to homicide. He
didnt know that if he pleaded
The
improvident plea?
Yes.
When can it be withdrawn?
o Any time before judgment
conviction
appeal)
becomes
final
of
(after
the RTC)
If the conviction is supported by
accused
can
represented.
be
4. Pending incidents:
A. Motion to quash
B. Motion for inhibition
C. Motion for bill of particulars
o
o
criminal case?
o Yes. Apply before enter of plea.
What is required?
o Identify defects and details desired
1. Prescription
2. Double jeopardy
Can a prosecution file a MTQ?
o No. The applicable remedy is substitution of information.
When a case is dismissed provisionally, what is the effect?
o The case is temporarily dismissed.
the
without
permanence.
When can you ask for provisional dismissal?
Any time.
For a dismissal to take effect in MTQ, do you need to wait for a
o
lapse of time?
o There is still a period to seek a remedy after. Ex. You can file
o
an MR.
After this period, it can be re-filed.
exceptional grounds.)
For a provisional dismissal to be permanent, what is the period
required?
o Beyond 6 years 2 years
o 6 years or less 1 year
o When will this period begin to run?
Rationale:
because
it
is
the
public
offense?
The court
cannot quash
powers.
Ex. a Prosecutor with authority only extending to
the DOJ.
3. Lack of jurisdiction over the person of the accused
prescription of penalties.
To which does this ground apply to?
Ex. Self-defense
7. Double jeopardy
What are the requisites?
1. Court of competent jurisdiction
2. Valid information
3. Plea
4. Conviction, acquittal, or dismissal
No.
Ex. rape you can rape someone multiple
without
general rule
What about a demurrer to evidence which is
granted by the court?
o
o
Except:
1. Prescription
2. Unenforceable under Statute of Frauds
3. Res judicata
4. Extinguish of claim or demand (PWEA)
o Motion to quash:
In general, it can be re-filed.
Except:
1. Prescription
2. Double jeopardy
o Re: objections not raised
o Motion to dismiss:
In general, grounds not raised are waived.
Except for:
1. Lack of jurisdiction over the SM
2. Prescription
3. Litis pendentia
4. Res judicata
o Motion to quash:
In general, grounds not raised are waived.
Except for:
1. Does not constitute an offense
2. Prescription
3. Double jeopardy
4. Lack of jurisdiction over the offense
When will double jeopardy not set in?
1. When there is a supervening event.
2. Facts constituting graver charge only were discovered after a
plea was entered
3. Plea of guilty to lesser offense was made without consent of
prosecutor
Except?
the
case
o If the prosecution moves for dismissal, does double
him
without
Appeal
Is it mandatory?
o There is pre-trial before Clerk of Court
Can there be stipulations?
o Yes
Can there be marking of documents?
o Yes
criminal cases.
The pre-trial will be reset.
If the witness is absent, the court can rely on
compulsory processes
If the accused in absent
1. There is forfeiture of bail
2. There will be a warrant of his arrest
[Distinguish cancellation from forfeiture of bail]:
Cancellation
o Voluntary surrender or death.
o It is automatically cancelled upon
against
case
Circumstantial evidence
2. There is absolute necessity for the evidence
3. Could be corroborated in its material points
4. Not the most guilty
5. Not convicted of a crime involving moral turpitude
Program?
o The requisites are the same.
o But the mode of application is different you file it with the DOJ,
will be a judgment
o In civil: no need for leave of court
In criminal cases, if the demurrer is denied, can you file a petition
for certiorari?
o No. You cannot file a petition for certiorari. You have to wait for
judgment.
Complete non-liability
Reasonable doubt
o If he is at large?
Notice sent to last known address
Is there promulgation in appellate courts?
o Yes.
o When duly certified by the division, and then forwarded to the
cases?
File appellants brief (Rule 124), within 30 days
File appellees brief, within 30 days
Reply brief, within 20 days
o Compare/contrast with civil cases:
45/45/20 days
Ordinary appeal
as appellate court?
o Parties submit their memoranda (Rule 122, Sec 9)
o Compare/contrast with Civil:
Same. Parties submit memoranda.
Criminal: Court of original jurisdiction is the RTC, and he was
convicted for homicide. Appeal?
o Go to the Court of Appeals, through Notice of appeal filed with
the RTC.
Can it
original case was for marijuana. Will this be enough for the police
Yes.
o How do you appeal this?
This is the singular instance where you file a NOTICE
judgment was not the same one who heard the case?
o Yes.
Logrida v. P: Rule 122, Sec. 11 provides: even if an accused did not
appeal when there are multiple accused, and there is a favorable
judgment, it could benefit the non-appealing accused.
o However, in this case, the accused invoking this provision
technicality.
When is as appeal deemed to be abandoned?
o When the accused jumps bail, escapes, or fails to file an
appellants brief.
Counsel-de-officio:
o The general rule is the accused is given the choice to retain a
counsel de parte (of his choice)
o If he cannot afford one, the court appoints a counsel de officio
o One can be appointed during arraignment, or for the rest of the
trial.
o Can a counsel de officio be named in the Court of Appeals?
warrant.
Where could you apply for a search warrant?
o You apply to the court, following the rule on territoriality.
Can it be possible to apply in a court outside of the place where the
crime was committed?
o Yes, for compelling reasons.
o What can be a compelling reason?
o
from
Preliminary investigation
Warrant of arrest
Motion to suppress.
Differentiate motion to quash from motion to suppress.
or municipalities.
To whom must a search warrant be served?
o The lawful occupant.
o In the absence of the lawful occupant?
To a relative.
o In the absence of the occupant or relative?
No.
But was the search warrant valid?
when it is a province?
wherever.)
The person must make a physical science report to track the
chain of custody.
What is the rule as to search and arrest?
o The general rule is that the arrest must come before the search
and seizure.
o Or, the search and seizure must be contemporaneous to arrest.
If you apply for a search warrant in QC, can it be applied outside of
the territorial jurisdiction?
o If its a violation of the DDL, IP code, illegal possession of
firearms, illegal gambling, heinous crimes, AML, violation of
search warrant.
Motion to suppress is after implement and before
presentation in court.
What if there is no way to describe with particularity the place, esp.
Its possible to say kilometer 30. But this cant apply for cities
Re: Seizure of fake goods (ex. fake Adidas) What is the role of the
private party?
o The private party can submit documents and pleadings to
presumption
Circumstantial: facts, from which the existence of another fact
matter of fact.
Not all concepts of evidence will require presentation of evidence.
What are there?
o Ex. Judicial notice
o Ex. Judicial admissions
When youre required to present evidence, there are three kinds:
1. Object
2. Documentary
3. Testimonial
Whether its object, documentary or testimonial, what is required?
o They have to pass the test of admissibility (Rule 128, Sec. 3)
When is evidence admissible?
o When it is relevant and competent
o What is relevant?
exception
Those violating the Parol Evidence Rule (contents in
anything happen.)
What is primary evidence?
o Best available evidence to establish the fact in issue
o What is an example of primary evidence?
Yes.
What is positive evidence?
o Evidence that proves something happened. (I saw him stab
o
parties)
Differentiate direct from circumstantial evidence.
to die?
Is there primary evidence in object evidence?
o
o
tag
hearsay
as
secondary
evidence
No.
o NLRC exercising QJ functions?
evidence to be sure.
What is prima facie evidence?
o That which suffices to prove a fact, until contradicted by other
o
o
evidence
But can it establish a conviction?
[not answered]
What is the difference between prima facie evidence and
disputable presumption?
can be controverted
What is conclusive presumption?
o It cannot be controverted
o But can you attack a fact that leads to a conclusive
presumption?
Yes.
o Give an example of a conclusive presumption.
JUDICIAL NOTICE
When is it mandatory?
1. States existence, territorial extent, political history, forms of
change, etc.
3. Ought to be known to judges due to their judicial function
ordinances.
What
about
memorandum
circulars
issued
Examples:
What is this?
Mathematical computation
Statistics
No.
No.
by
departments?
issue in a case
Can every matter be subject of judicial notice?
o Yes, during the hearing.
o You are not limited to the enumerations provided in law.
What is the need for a hearing?
o Propriety of taking judicial notice
There was an insurance recovery claim, dated September 2009. It
was not alleged in the claim that the loss happened on the day
Ondoy struck Manila. Can the other party request the court to take
judicial notice (or can the court motu propio take judicial notice) of
this fact?
o Yes.
Judicial admissions:
o Statement made as to a fact in issue made in a pleading
o Do you need proof as to judicial admissions?
No.
o When is there a judicial admission?
Yes, when
admission
Or there was palpable mistake
Rule 130
happened.
As to production and circumstances under which they
were produced.
Prove who operated the camera, the ability of the
camera to capture the scene, etc.
Prove all these first before going into the contents of the
photograph.
What about videos?
o Similarly, lay down the basis, before presenting the contents
What is a paraffin test?
o See definition
o Are the results conclusive?
No. Demonstration is when you ask for a reenactment or display of how an act was done or re:
facts.
DOCUMENTARY EVIDENCE
evidence?
o Yes.
If Blitz wrote on a shirt, saying Good luck! is this documentary
evidence?
o Yes.
Why are these documentary evidence?
o It can be in any material, as long as it is a writing or inscription.
o What about text mesage?
Yes.
It is ephemeral evidence
What is the Best Evidence Rule?
o When the subject of inquiry is the contents of a document, no
evidence is admissible other than the original document itself
dates?
o Yes, they can be regarded as
contract
original.
What is the original?
1. The one the contents of which are the subject of inquiry
counterparts)
not
original?
o Yes, even if it appears to be an
by
if
transaction
even
original.
Do you need to authenticate an original
that
original.
2. Document is in two or more copies executed at or about
(execution
originals.
N.B. You have to stipulate in the
secondary
basis.
What are the types of secondary evidence that
documents
What must be proved by these documents?
The
actual
presentation
of
document
o Ex. Secretarys certificate, in case
o
is
Memorandum
of
terms
Ex. A demand letter
Must it be a verbatim copy or is
paraphrasing fine?
Verbatim copy
3. Testimony of a witness
Must it be in this order?
documents
When do you need to present the original?
evidence?
Yes
3. Original constitutes voluminous documents
Requisites?
secondary
or office.
What do you present?
Give an example.
of
the
minds.
them legal.
4. Existence of other terms agreed to by the parties/their
thought
it
was
property in Cavite.
Give an example.
o Contract of sale of property.
Give an example.
the
year agreement
in Cavite.
Give an example of imperfection in the written
agreement?
X said he intended to
must pay.
Another: X and Y entered into a contract of
sale of property, over a Batangas property.
agreement
Give an example.
TESTIMONIAL EVIDENCE
Yes.
The requirement is during his/her
presentation.
What is the presumption?
examination
Is competency dictated by the age of the
child?
o
Accused
Victim
Witness
To what type of cases does it apply to?
YES.
accused.
Ex. The child is in another room from the
judge/accused, etc.
Who is a facilitator?
child
Can depositions be taken?
Yes.
How are the documents in these proceedings
treated?
public
3. DQ by marriage (sec. 22)
during marriage
What matters are covered?
All matters
communication)
What are exempted?
1. Civil case between the parties
o Does this extend to ascendants
and descendants?
No.
2. Criminal case of one spouse against the other
o Does this extend to ascendants
and descendants?
Yes.
Does it survive even after termination of the
marriage?
Yes.
4. Dead mans statute
Party/assignors
of
parties/beneficiaries
were talking and H told a third party that the matter being
clerk.
B. Attorney-client
o What does it cover?
In view to preparatory
X asked advice from Atty. Y, asking what the requirements
No.
X said that he had problems with his corporation, giving
See below
A. Marital privilege
discussed is disclosed)?
o
o
Yes.
Note: if the relationship of the lawyer with the person is a
The
D. Priest-Penitent
o A protestant religion does not require confession through
a priest. If a protestant approaches her pastor and asks
for a confession and discloses information in the course
obstetrician
What if he is an optometrist?
Covered
What about neurologist?
Covered
What about psychologist?
Covered
What is the key?
For pregnancy
Alternative
medicine
practitioners
and
iridologists?
No.
o What are the requisites?
1. Civil case
2. Person is authorized to practice medicine, surgery, or
obstetrics
3. Acquired information in his professional capacity for him
to be able to give treatment or advice
4. Disclosure of the information would tend to blacken the
patients reputation
by the privilege.
What if a group requires a public confession before a
crowd?
minister, is it covered?
No.
Should the penitent be a member of that religious
etc.
Admissions of a co-conspirator requisites?
1. Act/declaration relates to the conspiracy
the land.
o
o
Quasi-offenses
What about tax violations with penal sanctions?
No.
The JDR rule in criminal cases allows compromise where
Libel
Theft
Estafa
BP 22
Criminal negligence
What is covered by the compromise?
admission by silence?
Mr. X and his group robbed BPI in Makati. X and his group were
also suspected of robbing BPI in Intramuros. He was caught, and
a case was filed against him. If there is a separate criminal case
involving the robbery in BPI Intramuros, can the facts surrounding
the Makati BPI robbery be appreciated?
deaths admissible?
o Yes, but only to establish intent.
What is the general rule as to prior conduct?
o Generally not admissible.
o What are the exceptions?
Declarations
Reputation
Entries
Dying declaration
Declaration against interest
Declaration about pedigree
Res gestae
As to pedigree
Common reputation
Course of business
Official record
Commercial lists
Learned treatises
Dying declaration
o Requisites
impending death
2. Declaration relates to the facts/circumstances
competent to testify
Does this extend to civil cases?
Yes.
o
o
been true
Extends to declaration against pecuniary interest, proprietary
pedigree
is
in
question
is
shown
by
independent evidence
o Must the witness be related to the declarant?
No. He need not be.
But the relationship should be between the declarant
and the person whose pedigree is in question
Yes.
information
on
the
judicial notice
2. Reputation about marriage
true.
3. Reputation as to moral character
Entries made in the regular course of business
o Requisites?
1. The person is dead/unavailable
2. Made the entry in a position to know the facts, in
professional capacity
3. Entries made at or near the time of transaction
4. Done in the regular course of business
o Who is ideally the person testifying?
The one who actually made the entries.
This
testify.
o Who will then testify on his/her behalf if this occurs?
No.
o How do you use this provision?
B. Verbal acts
o Requisites of spontaneous statements?
1. Startling occurrence
2. Spontaneous statements
3. Relating to the circumstances of the occurrence
o What is to be testified on?
No time to fabricate
Commercial lists
o Requisites?
1. Contained in published compilation
2. Generally relied upon by these persons
3. Statements are matters of interest to these persons
engaged in the occupation
o Why can you use this listing?
the writer
o Give examples
not reliable.
This can
mean anything.
Give an example of a contemporaneous act
OPINION RULE
accused?
No.
On rebuttal
degree.
There are two kinds of experts:
1. Expert with personal knowledge of the facts
Not required
to know the
name,
with
Impressions
on
emotion,
behavior,
charged
What about the victim?
charged
Ex. for murder/homicide violence
Ex. for estafa honesty
Ex. for rape sexual perversity of accused
Ex. BP 22
establish
condition,
appearance
Character evidence:
o Make sure you distinguish civil and criminal cases
o When is it applicable?
surrebutal
Can the accused present his good character?
4.
in
any
reasonable
degree
the
landlord-tenant relationship
Upon signing the deed, it is a recognition of the
must prove it
5. Absence
2.
3.
3.
prove
Evidence-in-chief is what your witness will testify on in
direct examination. So if you have eight witnesses,
intelligible answers
4. Unwilling or hostile witness
adverse
party
5.
or
is an adverse party
What are the two kinds of memorandum?
1. Present recollection revived
2. Past recollection recorded
o When do these apply?
recollection,
Notary Public?
o Certificate of acknowledgement of the document itself
o If by chance, your copy is lost, where do you go?
You could get a certified true copy from the RTC who
commissioned him to notarize documents (he submits
the
Yes.
How do you authenticate a private document?
o Genuineness of the handwriting
1. By anyone who saw the document executed or written
2. Evidence of genuineness of the signature/handwriting of
the maker
What is an ancient document requisites?
1. Document existing for at least 30 years
2. Unblemished
3. In the custody of one who must be with possession over it
What is alteration?
o When there is one, you have to account for it
1. There is consent
2. There is knowledge
3. Did not change the meaning
Can you impugn judicial records?
o Yes.
o How?
1. Want of jurisdiction
2. Collusion
3. Fraud
OFFER OF EVIDENCE
same objection
A one-time statement covering objections of the same
character
Does it have to be ruled upon by the court?
No.
What is proffer of evidence?
o This is tender of excluded evidence
o So for instance an excluded witness can still be presented
o
Substantive evidence
Where else does this standard apply?
Yes
reasonable doubt
Can it be the basis of identification?
Yes
Can the judge stop the presentation of evidence?
o Yes, if the judge feels there is no more need for additional
o
evidence;
JURISPRUDENCE
requisites?
o All interested parties need to be notified
o To cause approval of conveyance
Who determines the titles of real properties included as part of the
estate?
o A probate court may hear and pass upon questions of
approval
Unauthorized disposition can be annulled by the probate court
SETTLEMENT OF ESTATES
1. Nature
2. Stipulation
3. Provision of law
filed?
QC
Resident of foreign country, but has property in the Philippines
in the place where the property is located
the person? i.e. There were unpaid rentals accrued from April
1993 to December 1998, but the decedent passed away in 1989. Do
succession
Settlement of estate of a person presumed dead how is the estate
dealt with?
o He is entitled to the balance of his estate after payment of
o
debts
Balance may be recovered by mere motion in the same case
litem
How do you extra-judicially settle?
1. Through a public instrument
2. Affidavit of self-adjudication
allowed
What is the duty of a custodian of a will?
1. Within 20 days from knowledge of testators death, deliver the
No. Never.
What does the court issue thereafter?
o Certificate of allowance
Who cannot be executor or administrator?
1. Minor
2. Not a resident of the Philippines
3. Unfit to execute the provisions of the trust
To whom?
Yes
Can an executor/administrator have access over partnership
name?
1. Recovery of real/personal property
2. Claim for damages caused by the deceased
3. All other actions/claims that survive
What if the executor/administrator refuse to act to recover property
books?
o Yes. It only extends to a partnership but not a corporation,
o
consequence?
property?
o Yes.
o When?
Exception?
estate
and the testator did not make provision for payment
o
o
o
constructive notice
But not against those who are not privies or parties
GUARDIANSHIP
TRUSTEES
Who is a trustee?
o Can be made to carry in effect the provisions of a will or a
o
written instrument
Appointed/confirmed in the probate court
ADOPTION
There was a child who was left outside of the house of a childless
couple and having noticed that no one is claiming the child, the
couple adopted the child. But they secured a birth certificate and
filled in the childs details (simulation of birth), without applying for
legal adoption. The child grew up and when she applied for a visa
to the US, she was denied because she was found to not be the
natural child of the mother (who is sterile). What are implications
and what actions must be taken to correct the situation?
1. Petition for correction/cancellation of entries, because the birth
certificate is false
recorded
Who are the parties; who are impleaded?
Grandparents)
2. Get certification that the child was neglected or abandoned
notes
What kind of petition must be filed?
o Inter-Country Adoption
Where do you institute the action for adoption?
Family Court where the adoptee resides
CHANGE OF NAME
arrest/detention.
Detention in violation of the right to speedy disposition of cases,
and the petition for such is denied by the court, what can you do?
o File petition for Writ of H.C.
What is post-conviction petition for HC?
o Under rules on DNA evidence, even after conviction, if the
o
o
HABEAS CORPUS
When can you file a Petition for Habeas Corpus?
o There must be 1. ARREST and 2. DETENTION
o What if it is mere disappearance?
FAMILY HOME
APPEAL
4.
5.
6.
appealing
Final order or judgment rendered in the case, affecting
substantial rights of appealing person, unless it is an order
distributive shares
Allows/disallows a claim, or claims presented on behalf of the
estate to offset a claim against it
granting/denying MBT/MR
Can the appointment of a Special Administrator be subject of
appeal?
o No.
What is the mode of appeal?
o Record on appeal