SAN BEDA UNIVERSITY

COLLEGE OF LAW
Centralized Bar Operations

001

BEDA'
RED
BOOK

MERCANTILE LAW
CRIMINAL LAW
REMEDIAL LAW
LEGAL ETHICS AND JUDICIAL ETHICS

A Reviewer based on the 2019 Supreme Court Bar Exam Syllabus

Volume 2
Series of 2019
 SAN BEDA LAW
CENTRALIZED
BAR OPERATIONS
2019

11
.4‘.).771r717,,

In 2011, the Bedan Red Book (BRB) was crafted as an apt response to the
Bar Examination Syllabus released by the Supreme Court, complementing
Over-all Chairperson Mary Cyriell C. Sumanqui significantly the other bar review materials in the repository of the San Beda
Chairperson for Academics Erica Mae C. Vista
Chairperson for Hotel Operations Ben Rei E. Barbero Centralized Bar Operations.
Vice Chairperson for Secretariat Jhelsea Louise B. Dimaano
Vice Chairperson for Operations Daniel Philip V. Barnachea Now on its NINTH EDITION (9TH ed.), the BRB is tailor-fit for the 2019 Bar
Vice Chairperson for Finance Ma. Angelica B. De Leon Examination as to include the latest law and jurisprudence covered by the syllabus.
Vice Chairperson for Audit Arra Olmaya J. Badangan Being comprehensive yet concise, it serves as a handy tool for the reader's bar
Vice Chairperson for EDP Jordan N. Chavez review.
Vice Chairperson for Logistics Hanz Darryl D.Tiu
Vice Chairperson for Membership Colleen F. Dilla With this issue, the San Beda Law Centralized Bar Operations seeks to
uphold its legacy of service and excellence in helping the examinees achieve their
goal of becoming worthy members of the legal profession.

Subject Chair for Political Law Cherish Kim B. Ferrer

Subject Chair for Labor Law Kristina D. Cabugao UT IN OMNIBUS GLORIFICETUR DEUS
Subject Chair for Civil Law Ma. Cristina D. Arroyo
Subject Chair for Taxation Law Maria Carissa C. Guinto
Subject Chair for Mercantile Law Dentzen S. Villegas
Subject Chair for Criminal Law Maria Regina C. Gameng
Subject Chair for Remedial Law Raymond F. Ramos SAN BEDA LAW
Subject Chair for Legal Ethics Rhev Xandra Acuiia CENTRALIZED
712): BAR OPERATIONS
2019

Roger P. Cuaresma Camille Victoria D. Dela Cruz

Gabrielle Anne S. Endona Paulo 0. Hernandez
Joelle Mae J. Garcia Teresa Katherine R. Kua
Micah Regina A. Gonzales Ma. Lourdes M. Santos
Marie Anna Karla M. Regencia
THIS IS THE INTELLECTUAL PROPERTY OF THE
SAN BEDA UNIVERSITY COLLEGE OF LAW
CENTRALIZED BAR OPERATIONS.
Dean Atty. Marciano G. Delson
Vice Dean Atty. Risel G. Castillo-Taleon THE UNAUTHORIZED COPYING, REPRODUCTION,
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Administrative Officer Atty. Francesca Lourdes M. Seiiga MODIFICATION OR DISTRIBUTION
Legal Aid Bureau Director Atty. Peter-Joey B. Usita OF ANY OF THE CONTENTS OF THIS BOOK IS
STRICTLY PROHIBITED.
 TABLE OF CONTENTS X.
XI.
Writ of Habeas Data (A.M. No. 08-1-16-SC)
Rules of Procedure on Environmental Cases (A.M. No. 09-6-8-SC)
694
696

1411k7,iikr , AND JUDICIAL ETHICS

LEGAL • AND
PRACTICAL EXERCISES
I. Letters of Credit and Trust Receipts 2
H. Negotiable Instruments Law (Act No. 2031) 11 700
I. Legal Ethics
III. Insurance (P.D. No. 612, as amended by R.A. No. 10607) 29 756
II. Judicial Ethics
IV. Transportation 55 762
III. Practical Exercises
V. Corporation Code (Provisions of B.P. 68, not affected by R.A. No 72
11232)
VI. Securities Regulation Code (R.A. No. 8799) 112
VII. Banking 122 APPENDICES
VIII. Intellectual Property Code (R.A. No. 8293) 134
IX. Financial Rehabilitation, Insolvency, Liquidation and Suspension of 154 783
Appendix A: Syllabus for the 2019 Bar Examinations:
Payments (R.A. No. 10142, FR Rules [A.M. No. 12-12-11-SC], and
FISp Rules [A.M. No. 15-04-05-SC]) Mercantile Law
Appendix B: Syllabus for the 2019 Bar Examinations: 788
X. Anti-Money Laundering Act (R.A. No. 9160, as amended) 169
XI. Electronic Commerce Act (R.A. No. 8792) Criminal Law
173 790
Appendix C: Syllabus for the 2019 Bar Examinations:
XII. Data Privacy Act (R.A. No. 10173) 178 Remedial Law
Appendix D: Syllabus for the 2019 Bar Examinations: 795
Legal and Judicial Ethics and Practical Exercises
Bibliography 797

I. Revised Penal Code - Book I 185

II. Revised Penal Code - Book II 252
III. Special Laws 388

I. General Principles 418

II. Jurisdiction 420
III. Civil Procedure 439
IV. Provisional Remedies 519
V. Special Civil Actions 530
VI. Special Proceedings 563
VII. Criminal Procedure 597
VIII. Evidence 651
IX. Writ of Amparo (A.M. No. 07-9-12-SC) 690
 DENTZEN S. VILLEGAS
Subject Chair

URSULAINE GRACE C. FELICIANO

Assistant Subject Chair

LOUISE SIGRID C. ANTONIO

Subject Electronic Data Processing

SUBJECT HEADS

Banking Law JEREMY M. MERCADER

Corporation Law JAN WENZY W. CRUZ
Insurance Law DANIELLE LOISE B. DELOS REYES
Law on Intellectual Property GUIANINA SHIELA CAMILLE A.
SORIANO
Negotiable Instruments Law MILANE ANNE C. CUNANAN
Transportation Law FRANCES ANGELA V. SALVACION
Other Commercial Laws URSULAINE GRACE C. FELICIANO

SUBJECT MEMBERS

VYEL MARIE C. BRODIT JEEN KATHLEE B. LIM

ANNA CARMELA C. DELA CRUZ MARC RUSSEL ANN P. LUBANGCO
PATRICIA ERIKA A. EUSTAQUIO ANNA DOMINIQUE G. MARMOL
AIRA MARIELLE M. GERONIMO PAOLA CIARRA E. VALENCIA
PRISCILLA C. LINGAN JOANNE KRISTEEN C. WY

ADVISER

Atty. MARIA ZARAH R. VILLANUEVA-CASTRO

 VOL 2.
2019

2. Independence as to the Justification Aspect: where only the justification aspect

MERCANTILE LAW is independent as the credit and the underlying contract have the same
obligations (Transfield Philippines, Inc. v. Luzon Hydro Corporation, supra).
Note: In both cases, the payment may be enjoined, if in the light of the purpose of the
credit, the payment of the credit would constitute fraudulent abuse of the credit (Id.).
41.-TIORs'P TRUST RECEIPTS
Q: What are the differences between commercial and standby credits?
ANS: Commercial credits and standby credits are differentiated from each other as
A. BASIC CONCEPTS follows:
Doctrine ofIndependence
Q: What are the three (3) distinct and independent contracts in letter of credit? 4mmerFiel Credits° StanCiby,'Cre4its
ANS: In a letter of credit, there are 3 distinct and independent contracts:
1. The underlying commercial transaction; [the underlying contract]; A's to the Nature of t4 Cre'dit
2. The credit proper in which the issuing bank promises the applicant-writer to
pay a third-person-beneficiary under the terms and conditions stated on the Commercial credits involve the payment In standby credits, the credit is payable
letter with a reciproc1, 1 undrd:Argalp4he applicant-writer to reimburse the of money under a contract of sale. Such.:,, upon certification of a party's
issuing bank the.,mount,,,,paid aheprepitlia3a'-=1„t. credits are essentially the consideration'' nonperformance of his obligations under
3. The contract -, whbrebty Ithe_bark-tindehakes to pay money to the beneficiary for the sale, paid upon delivery.-by theti an agreement. It partakes the nature of
upon the lattys••%. pr5svtatibii—srP768144thSt the-conclittons for its right to draft seller of the object of the sale. • ,•• liquidated damages or penalty.
from thei /6reA had jae0.....fulfilleci41/CaNlystifiCAtiob, aspect] (Transfield
Philippines„ .InWv(Luzon Hydro Corporatibn,GIR.--N2.116717, November 22, As to the Burden of fh e Justification Aspect
2004). i ,:") if 1 l''' : 1 ,,,v -1 -
Note: AlthoughAthe moat common underlying contract 'n LettalT of \C-Tedit are contracts The seller-beneficiary of a commerciak- The beneficiaryj,of the standby credit
of sales, letters' of.gedit ardralso-used-fri'-the-non-sae setting& where they serve to credit must demonstrate, by document0 must certify thaehis obligor has failed to
reduce the risk1ofanAnifDerforlanceVd.). , f, , that he has taken affirmative steps perform its obligation under the terms of
,... / 1 P''—
'' ' 1
g i $,...-.1 comply with his obligations under the'; the underlying contract.
Q: What is the Di:lpe pf-lrendOlide?': - ii.:;,. g
hl f .
sales agreement. vz
ANS: It is emt)hasiiafl tfTt-4• et-thingsHare4liore-legsrly;,sett]esf IQ law than that the
contracts whichirtatkTe up th'1.5tekof credit ptrptInrroiltgre to ba‘-rpqmtained in a state (Transfield PhiliPpines, Inc. v. Luzon Hydrdaorporation, supra):
of perpetual separations (Ketig;111{, Paper - Pt Inc! v CA,'G.R. No. 116863,
.
February 12, 199. Fraud Exception Principle

By [the] so-called ' irldepen etice-priniplacihVbanp[frerelyVetermines compliance Q: What is the fraud exception principle?.
with the letter of crec t ovlbkexamirfirigtba...oshlppinq'do,duments presented; it is ANS: Most writers agree that fraud is 0;0:ception to the independence principle.
mainkcqtact\is actually accomplished or not "Fraud Exception" exists:when the beneficiary:,for the purpose of drawing on the credit,
precluded from determiniqg wt‘etthyr the‘
(Bank of America, NT & NR40539,57Veceiriber 10,1993). fraudulently presents to: the confirming bank, documents that contain, expressly or by
implication, material representations of fact that to his knowledge are untrue (Transfield
Q: How does the "Independence principle" limit the liability of banks? Philippines, Inc. v. Luzon Hydro Corporation, supra).
ANS: Under the "independence principle," banks assume no liability or responsibility for:
Q: What is the effect of the fraud exception principle?
(FoCo-GoA)
ANS: The applicant may ask the court for an injunction if a required document is forged,
1. the Form, sufficiency, accuracy, genuineness, falsification, or legal effect of
any document; or materially fraudulent, or that the honor of the presentation would facilitate a material
fraud by the beneficiary on the issuer or applicant (AQUINO, Notes and Cases on
2. the general and/or particular Conditions stipulated in the documents or
superimposed thereon; Banking Law and Negotiable Instruments Law (2018), p. 571) [hereinafter AQUINO,
Negotiable Instruments].
3. The description, quantity, weight, quality, condition, packing, delivery, value, or
existence of the Goods represented by any document; or
Doctrine of Strict Compliance
4. The Acts and/or omissions, solvency, performance, standing, or good faith of
the consignor, the carriers, or the insurers of the goods, or any other person Q: What is the doctrine of strict compliance?
whomsoever (Transfield Philippines, Inc. v. Luzon Hydro Corporation, supra.). ANS: The doctrine of strict compliance provides that the documents tendered must
strictly conform to the terms of the letter of credit. The tender of documents by the
Q: What are the 2 concepts of independence under the doctrine? beneficiary (seller) must include all documents required by the letter. A correspondent
ANS: The 2 concepts of the doctrine of independence are as follows: bank which departs from what has been stipulated under the letter of credit, as when it
1. Independence in Toto: where the credit is independent from the justification accepts a faulty tender, acts on its own risks and it may not thereafter be able to recover
aspect and is a separate obligation from the underlying agreement; and from the buyer or the issuing bank, as the case may be, the money thus paid to the
beneficiary (Feati Bank and Trust Co. v. CA, G.R. No. 94209, April 30, 1991).

2 3
 Warehouseman's Lien B. RIGHTS AND OBLIGATIONS OF PARTIES
(This topic is not found in the Trust Receipts Law. Warehouseman's Lien is underAct No. Entruster/ Entrustee
2137 or the Warehouse Receipts Law).
Q: Who are the parties to a trust receipt transaction?
Q: What claims are included In the warehouseman's lien? ANS: The following are the parties to a trust receipt transaction: (SEE)
ANS: A warehouseman shall have a lien on goods deposited or on the proceeds thereof 1. Seller of the Goods - Not strictly nor actually a party to the trust receipt
in his hands, for: (SANA) transaction, but a party to the contract of sale with the buyer/importer
1. All lawful charges for Storage and preservation of the goods; (entrustee).
2. All lawful claims for money Advanced, interest, insurance, transportation, 2. Entruster (Lender/Financier) - Person holding title over the goods, documents
or instruments subject of a trust receipt transaction. He releases the
labor, weighing, coopering, and other charges and expenses in relation to
such goods; and possession of the goods upon execution of the trust receipt.
3. All reasonable charges and expenses for Notice and Advertisements of the 3. Entrustee (Borrower/Buyer/Importer) - Person to whom the goods are
delivered for sale or processing in trust. He has the obligation to return the
sale, and the sale of goods where default had been made in satisfying the proceeds of the sale of the goods or the goods themselves to the entruster
warehouseman's lien (Act No. 2137, Sec. 27).
Note: If a negotiable receipt is issued for goods, the warehouseman shall have no lien (Alfredo Ching v. Secretary of Justice, G.R. No. 164317, February 6, 2006).
thereon, except for charges fora•Vage=of-gpods.subseouent to the date of the receipt, 1
unless the receipt expresslyfrehumeratell 6,thehcbarges,tor which a lien is claimed. In Q: What are the rights of an entruster? `
such case, there shall 139i ANS: The following are the rights gfr,e,e•p truster: (PROCaP)
a,en cAthe charged eQ'um'e9tedlso far as they are within the
terms of Section 27, altHotghl e_,Amhorffirorthe.c affrgepo 'enumerated is not stated in 1. He is entitled to the rPf:OgeeqsAfrom the sale of goods, documents or
the receipt (Act No. 2P- 7 .S6d 0). instruments released unclei•stAreceipt to the entrustee to the extent of the
\p amount owing to the entrUsterror:0,aRpeer in the?tcust receipt;
Q: What properties,e
1.-N— -'
opubject to tke warehouseman'ske til) 2. He is entitled to the Retarnkifigi5togiAkkifirrents:pitrristruments in case of non-
ANS: The folio Frig pro erties:are sulijecttollie`Warehousemr'sfien: sale; ,, ,,.
1. Good elonging do tii_eglepoSiter, whethe depositeli3O himself or in his 3. He is entitlegifto- the enforgekefit of all Other rights 'conferred on him in the
behal
"---,r trust receipt provided such are "not contrary to thebroVSions of this Decree;
f 1
2. Goo s belbitging to others,wlich
II.
'• k - - ir -7' 4-
lia\te
.7l
been deposited b j the depositor, if 4. He may Ca el therlrust`and take possession /of te 'goods, documents, or
the iekolitol ha een ik-. , i instrumsntg°,andielkthe goods pia public saleiin case of default or failure of
i si:Ferfrustecf with th osseSidibr4 such goods and
the a';'
eritiustee,..tp 6Comply with erij of the terms and conditions of the trust
authdrizedAto pl e_sameltozanoth ' faith and for value (Act No. .: kw'
2137,r8). .g..-, receO,dr.gny,ottier agreement b§,tween the entruster anAthe,entrustee; and
*4'\'*,': 5. m40,y Puichase4the , goods at thdlintended•pubtfL06re (iD:;D:Wo. 115, Sec. 7).
11/4 s, ' \ a '-. ,,,,..,' 1.'jTi;:t?;• ' ' ',. 1
Q: What is the nature of a warehousem9nVp •
ANS: The warehcluseman klien`is'cisilessoryjn-16‘
% re philippine National Bank v. Se,
Q: What is referred:JO a§:lhe "security • • interest" of the entruster against third
Jr., G.R. No. 1192,k, April 18,\L99,6 CiriviollcalpartlDewith possession of goods does persons? 0
not ordinarily result ir-Npsul-i ANS: The security Inter:M O the entrus*AOtt:)„rp used to refer to the right and
tileAleD f-the-waVlotreem'an,-(DE LEON and DE LEON,
entitlement of the entruster to reoqiyeltier broCeecg15iiilhe sale of goods, documents,
JR., Comments and Cakee.orprodiMratiTactiotal.‘( 16)°,- p. 253) [hereinafter DE
S or instrument releaseaunder artist receipt to the extent of the amount owed to the
LEON and DE LEON, JR.,-tredirliransdatick
`4 4.,,„ i'v I entruster or as appears ikthe ttbst receipt (P.D. No. 115, Sec. 7).
4,Ve'et:t
Q: When is a warehouseman's lien lost?
ANS: A warehouseman loses his lien upon goods: (SuRe) The entruster's security interest is not merely an empty or idle title. To a certain extent,
1. By Surrendering possession thereof; or such interest becomes a "lien" on the goods because the entruster's advances will have
2. By Refusing to deliver the goods when a demand is made with which he is to be settled first before the entrustee can consolidate his ownership over the goods. A
contrary view would be disastrous. For to refuse to recognize the title of the banker
bound to comply under the provisions of [the Warehouse Receipts Law] (Act under the trust receipt as security for the advance of the purchase price would be to
No. 2137, Sec. 29).
strike down a bona fide and honest transaction of great commercial benefit and
advantage founded upon a well-recognized custom by which banking credit is officially
Q: What is the effect of the release by the warehouseman of his lien?
ANS: A warehouseman who has released his lien by the surrender of the goods may mobilized for manufacturers and importers of small means (Prudential Bank v. NLRC,
G.R. No. 112592, December 19,1995).
not thereafter claim a lien on other goods of the same depositor for unpaid charges on
the goods surrendered, if the goods were delivered to him under different bailments Q: What is the extent of security interest of the entruster against third persons?
(covered by separate receipts) (DE LEON and DE LEON, JR., Credit Transactions,
ANS: Any purchaser of goods from an entrustee with a right to sell, or of documents, or
supra at 254).
instruments, through their customary form of transfer, who buys the goods, documents,
or instruments for value and in good faith from the entrustee, acquires said goods,
However, the loss of the warehouseman's lien does not necessarily mean the documents, or instruments free from the entruster's security interest. (P.D. No. 115,
extinguishment of the depositor's obligation to pay the warehousing fees and charges
Sec. 11).
which continues to be a personal liability of the owners (Philippine National Bank v.
Sayo Jr., G.R. No. 129918, July 9, 1998).
 Q: When is intent to defraud presumed in cases involving trust receipt
HOWEVER, with regard to the entruster's security interest as against creditors, the transactions?
entruster's security interest in goods, documents, or instruments pursuant to the written ANS: Thus, under the Trust Receipts Law, intent to defraud is presumed upon failure to
terms of a trust receipt shall be valid as against all creditors of the entrustee for the
fulfill any of the two primary but alternative obligations of the entrustee under the trust
duration of the trust receipt agreement (P.D. No.115, Sec. 12). receipt, that is—when the entrustee breaches either the obligation to remit the proceeds
from the sale of the entrusted goods or the obligation to return unsold goods. (Land
Q: What are the obligations of an entrustee? Bank of the Phils. v. Perez, supra).
ANS: The following are the obligations of the entrustee: (HID-TO-SeR-O)
1. Hold the goods, documents or instruments in trust for the entruster; Q: Who bears the risk of loss of the goods, documents, or instruments?
2. Insure the goods for their total value against loss from fire, theft, pilferage or ANS: The risk of loss shall be borne by the entrustee. Loss of goods, documents or
other casualties; instruments which are the subject of a trust receipt, pending their disposition,
3. Dispose of them strictly in accordance with the terms and conditions of the irrespective of whether or not it was due to the fault or negligence of the entrustee, shall
trust receipt; not extinguish his obligation to the entruster for the value thereof (P.D. No. 115, Sec.
4. Receive the proceeds in trust for the entruster and Turn Over the same to the 10).
entruster to the extent of the amount owing to the entruster or as appears on
the trust receipt; Applicant/Banks/Beneficiary
5. Keep said goods or proceeds thereofwhether in money or whatever form,
property of the entruster;
parate and capab e,,ofidentifica ionfs Q: Who are the parties to a letter of credit?
6. Where goods 5 Unscilisuporllip 4pliatipniNtte term of the trust or upon ANS: There are at least 3 parties to a letter7of credit:
demand of he entcuster,2to*Retur %itch u sold, goods, documents, or 1. The Applicant-Writer;
instruments,1;ml -/ A 2. The Issuing Bank; and
7. Observe all ottwier2andecTii6itihns-of,,„tteAus Yreceipt not contrary to the 3. The Beneficiary (Transfield Phipfilne:s's,,,;Inc.,, v Luzon Hydro Corporation,
f—e,Tru t Receipts Law-(2:D. No. 114 ,Sdg) 9).
provisio: plk,ty supra).
i Note: The number of parties, not infreque0tly and almost invariably in international trade
1 SJ
Q: What are ttle pritnary o ligations of: the entrustee unde# a 'trust receipt and practice, may be increased (Bank of America, NT & SA v. CA., supra.).
what is the nature ? lirgatrons withi-eigpe-ef each other?
ANS: A trust r'ceiptf r
1 transaction 61weySitiVolveilivio pinery guraitAative obligations Q: What do we call banks 'Other than the issuing bank that may become party to
on the part of thlenutrustee.kihe first,:is2thpObligatioAto reqt, pro'c; eds (Entregarla) the Letter of Credit in the course of the)transaction?
I
which covere I3Ykthe pro3jiqn that refers: :tothe 9-0e:y which the entrustee must ANS: Other banks which may become parties to the letter of credit are:
deliver it to thevinectf tli4e)-Rhandtse 029e,the divo:,itiontofgeliame. The second 1. Adv4ng bank -which may be utilized to conveyito,,the seller the existence of
is the obligatioktogreld n (Devb(vera) whicttisi:-cos the provision referring to the the credit. Also sometimes calle41Notifying bank
merchandise received b theen,ffi:istee wh'cli r9i4t. ,e returned if it remains unsold. 2. Confirming bank - which may lei credence to the letter of credit issued by a
- / lesser known issuing bank;
In all trust receipt transactions,16,9tti-Oblig ticirks*theipart of yfe trustee exist in the 3. Paying bank - which undertakesAo7encash the drafts drawn by the exporter; or
alternative — the (1) eturnpflpe procee of-the sere 0,0,1e return or recovery of 4. Negotiating bank - which apririglrA4i.t.er-.- approaches to have the draft
the goods, whether ra or irocessedpw(Lan&Ba kofill e,Phils. v. Perez, G.R. No. discounted, instead of gOing to the 616'ce of the issuing bank to claim payment
, (Bank of America, NT & SA v. CA, supra.).
166884, June 13, 2012). (II
1 4A .4-\ .
no
Q: What is the implication if the elitrUstorin a trust receipt k ws or intends that Q: What is the obligation of the applicant-writer?
the goods subject of the receipt is to be devoted for the use of the entrustee and ANS: The applicant-writer procures the letter of credit and obliges himself to reimburse
not for sale or retail? the issuing bank upon receipt of the documents of title (Id.).
ANS: The transaction is in fact a loan (mutuum) and not a trust receipt. When both
parties enter into an agreement knowing that the return of the goods subject of the trust Q: What are the obligations of the issuing bank?
receipt is not possible even without any fault on the part of the trustee, it is not a trust ANS: The obligations of the issuing bank are the following: (PEN)
receipt transaction penalized under Section 13 of P.D. 115; the only obligation actually 1. To make a Payment to or to the order of a third party (the beneficiary) or to
agreed upon by the parties would be the return of the proceeds of the sale transaction. accept and pay the bills of exchange drawn by the beneficiary;
This transaction becomes a mere loan, where the borrower is obligated to pay the bank 2. To authorize another bank to Effect such payment, or to accept and pay such
the amount spent for the purchase of the goods (Land Bank of the Phils. v. Perez, G.R. bills of exchange; or
No. 166884, June 13, 2012). 3. To authorize another bank to Negotiate, against stipulated documents,
provided that the terms and conditions of the credit are complied with (UCP
500, Articles 2 and 9).
Note: Except when a letter of credit specifically stipulates otherwise, the obligation of
the issuing bank is solidary with the person requesting for its issuance (Metropolitan
Waterworks and Sewerage System v. Daway, G.R. No. 160732, June 21, 2004).
 3. By causing an Extrajudicial sale of the goods by auction and applying the
Q: What are the obligations of the beneficiary?
ANS: The seller-beneficiary must first comply with the underlying contract of sale, ship proceeds to the value of the lien, including the reasonable charges of notice,
the goods to the buyer, and deliver the documents of title and draft to the issuing bank, advertisement, and sale. The balance, if any, of such proceeds shall be held
in order to recover payment on a commercial letter (Bank of America, NT & SA v. CA, by the warehouseman and delivered on demand to the person to whom he
supra.). would have been bound to deliver or justified in delivering the goods (Act No.
2137, Secs. 33 & 34); or
Q: What are the obligations of the notifying bank, the negotiating bank, and the 4. Such Other remedies allowed by law for the enforcement of a lien against
confirming bank? personal property nor bar the right to recover so much oft he warehouseman's
ANS: The obligation/s of each bank are as follows: claim as shall not be paid by the proceeds of the sale of the property (Act No.
2137, Sec. 35).
1. The notifying bank or advising bank assumes no liability except to notify and/or
transmit to the beneficiary the existence of the letter of credit.
Q: What are the effects when goods are sold at auction to satisfy the
2. The negotiating bank buys or discounts a draft under the letter of credit. Its warehouseman's lien?
liability is dependent upon the stage of negotiation. Normally, before
negotiation, it has no liability with respect to the beneficiary, but after ANS: The effects of sale of goods are:
negotiation, a contractual relationship will then prevail between the negotiating 1. After goods have been lawfully sold to satisfy a warehouseman's lien, or have
bank and the beneficiary. been lawfully sold or disposed4 because of their perishable and hazardous
3. The confirming bankagume9direct blib-atiotasto the seller and its liability is a nature, the warehouseman slid,iNOT thereafter be liable for failure to deliver
primary one as ifotHe ck esportdritt rik Isel had issued the letter of credit the goods to the depositor.* owner of the goods or to a holder of the receipt
A?supra given for the goods wheii ;the were deposited, even if such receipt be
(Feati Bank a daTilis # Co.
negotiable (Act No. 2137; Se0;36)tand
2. Where the sale was made withbEitpetEmblication required and before the time
C REMEDIES AVAI provided by Section 33, paragiptic'261,the ,law,7.stich sale is void and the
i P) ail4ble fokRracOulep abuse of :l?, er of credit?
Q: What is the rpm purchaser of the.goods acquireg no title in theih LEON and DE LEON,
ANS: Injunction. The itintrupfulnest of4.0. aaficate6 accoppanyigg a demand for JR., Credit TrenSactions, supra ;at 260).
payment underia-stpdby crqdit-rnay-qtiegylas-fraud-sufficiek‘tc,stuOport an injunction
against paymeMsfie/d RhilipOes,.10. y._Lugon Hydro Corp..rsiiibra). Q: What are the vati&defenses a warehouseman may use in refusing to deliver
Note: However,inj4ition shOltuld nahegtOrite&unles : (PAI) the goods?
1. There isz-pir Profc f ,,frauka;7.Z.
, 11--;---.) ANS: The folloWing are, valid reasons fora warehouseman to refuse to deliver the
2. The ftauecons tilt kfr,audulefi =Abuse-of trie-indqpet t purpose of the goods: (DeSTAIFE,)
letter Mre...Zikano148 .Ny fr4ild qtre'llth T(.. agrferri* rid 1. Lack,'Of Formal-Demand ,
3. irreparable Injury rrOtpolloi:WIlif IrignCji not granted r the recovery of a. The holder,,,of the receipt does not satisfy the conditions prescribed in
damages wouOte se to I. Ada aged (4d Section 8 of the WarehoTs% Receipt Law because his demand for the
..1
....... -.-rs a delivery of the goods is not accompanied by:
Q: What are the re edies of the 4retomsem than 1 person. claims i. anpfier to satisfy itigwarehouseman's lien;
title or possession Olthe_eto may_ ry ii. an offer to surrenderailiet:reeeipt if negotiable, with such
ANS: The following ar e a Jrehous n case there are adverse
,indorsernents as would be necessary fort he negotiation oft he
claimants: reppipt;:and
1. The warehouseman mayeitheus.,g4lefense to an action brought against him Ili. a readiness and wilingness to sign, when the goods are
for non-delivery of the goods or as an original suit, whichever is appropriate, delivered, an acknowledgment that they have been delivered, if
require all known claimants to interplead (Act No. 2137, Sec. 17); or such signature is requested by the warehouseman (Act No.
2. The warehouseman shall be excused from liability for refusing to deliver the 2137, Sec. 8).
goods, either to the depositor or person claiming under him or to the adverse 2. Valid Subsequent Title of Warehouseman
claimant until the warehouseman has had a reasonable time to ascertain the a. The warehouseman has legal title or right derived directly or indirectly
validity of the adverse claim or to bling legal proceedings to compel claimants from a transfer made by the depositor at the time of or subsequent to
to interplead (Act No. 2137, Sec. 18). the deposit storage, or from the warehouseman's lien (Act No. 2137,
Sec. 16);
Q: How do you enforce a warehouseman's lien? 3. Legally Set up Title of Third Persons
ANS: The following are the remedies available to enforce a warehouseman's lien: a. Where a warehouseman has been requested, by or on behalf of the
(CORE) person lawfully entitled to a right of property of or possession in the
1. By Refusing to deliver the goods until his lien is satisfied (Act No. 2137, Sec. goods, not to make such delivery (Act No. 2137, Sec. 10, par. (a));
31); b. Where the warehouseman had information that delivery about to be
2. Such remedies allowed by law to a Creditor against a debtor for the collection made was to one not lawfully entitled to the possession of the goods
from the depositor of all charges and advances which the depositor has (Act No. 2137, Sec. 10, par. (b)); or
expressly or impliedly contracted with the warehouseman to pay (Act No.
2137, Sec. 32);
 c. Where the goods have already been lawfully sold to third persons to
satisfy a warehouseman's lien, or because of their perishable or GOTIAI§LEtisITRUMENTS
. , LAW
hazardous nature (Act No. 2137, Sec. 36);
A. REQUISITES OF NEGOTIABILITY
4. Non-satisfaction of warehousman's Lien
a. The warehouseman's lien is not satisfied by the person demanding the Q: What is a negotiable instrument?
goods (Act No. 2137, Sec. 31); and ANS: A Negotiable Instrument is a written contract for the payment of money which is
5. Fortuitous Event intended as a substitute for money and passes from one person to another as money, in
a. The failure was not due to any fault on the part of the warehouseman, such a manner as to give a holder in due course (HDC) the right to hold the instrument
as by showing that, prior to demand for delivery and refusal, the goods free from defenses available to prior parties. The instrument must comply with Section 1
were stolen or destroyed by fire, flood, etc., without any negligence on of the Negotiable Instruments Law (NIL) to be considered negotiable (SUNDIANG SR.
his part, UNLESS he has contracted so as to be liable in such case, or AND AQUINO, Reviewer on Commercial Law (2017) p. 5) [hereinafter SUNDIANG AND
that the goods have been taken by the mistake of a third person AQUINO, Reviewer].
without the knowledge or implied assent of the warehouseman, or
some other justifiable ground for non-delivery (Philippine National Bank Q: What are the requisites for negotiability?
v. Sayo, Jr., supra). ANS: An instrument to be negotiable must conform to the following requirements:
-- ..--,,,,,
__,..,...--,--- (WUPOA) 4,67A
Q: What are the remedies olthrentrqstar wben the_entrustee fails to comply with 1. It must be in Writing and signed it:iy the maker or drawer;
the terms and conditionsAof theyrust rsaspipt? I ''''',,,,, 2. Must contain an Unconditibifial,gromise or order to pay a sum certain in
ANS: The entruster m5yr(CPG-sEp.), ...i money;
1. Cancel the trues atly'' '''", - .0( \- 3. Must be Payable on dern§rids,;Dr at a fixed or determinable future time;
2. Take posseAlopipf- h_,..„ e Proce-e'dMalized therefrom; ors b., 4. Must be payable to OrderoWb4rernanpl.,
Take pOs'essioprof the Goods, documenisThi iiitirunAhfs, subject of the trust 5. Where the instrumentjeAddressrKtYPdraW,pe4e,...must be named or
and sellYthern/9t a public orPriva*saieL(P.D. No. 'f*.k. 51SecA7). otherwise indicated therein with reasonable certairityr/L, Sec. 1).
4. File apction or Specific performance to compel entrustee t9 pay the loan; Note: The 5`h requisite applies only to,.64
6 of Exchange. A billImay be addressed to
5. Initia 5rtni al proceedings-Tdr'Estata upon failure or refusal of an entrustee two or more drawees jorftwhetherthey are partners or not; but not to two or more
to ret rn-the objectstof the trust; (TRL, .Seá. 13); and 1 1`$ drawees in the alternpffii.e aviristicCessiont(NIL, Sec. 128)/
6. Under Article 33 of the Civil Code, a civil action for Dimagesientirely separate .,,!
!‘en •
and distingtVrorq—)\ CApriminal action, may bdibrougtjt by the injured party in Q: How is negotiability, determined? - I
ti . tv.1 •
cases of de
, ,, fma
i ,,, ..,,fraud,—
OA arcd-Plysipir,f6rieSiePruden(id/pank v. IAC, G.R. ANS: The neadti4ility,(Vraon-negotiabilituf an instrymenti,sideterrnin
ed from the face
No. 74886, ecember 8 1992). 1 - - .- / i-`,._'" 1 of the instrument thfrwrititOmay be "r'SaPlliettie40fit of surrounding
\ <ti. \ . 7, ,::',f- / i
circumstances livprderIO:rnore 'peifectlyOnderstand theVitent'and meaning of the
Q: Does a conviction under the \TrustIleceyitS \,Law bar a proSecution for estafa parties, yet as iheY,-Thive•Sppnstituted tp, writing to be only outward and visible
under the RevisekPenal Code? (2OI7r-Barkl expression of their h,epning,;po other words,preAo be added to it or substituted in its
ANS: Yes, because qe failie"of„ `anneriAtee2tb turn over, the; of the sale of stead (Caltex Philippin4.Inev. CA, G.R)W.9.753/,Aug. 10, 1992).
the goods, documentor-iiniVprpfrits-covered'a4 1,6eipt to the extent of the
amount owing to the entriister oribs appear, ifiVti.e.toVeceipt or to return said goods, Q: What conditions .46 not.,Offect the unconditional character of a negotiable
documents or instruments if they„were riot so!:t0,disposed of in accordance with the instrument?
terms of the trust receipt shall constitute rthe crime of estafa, punishable under the ANS: The presence of ally, of the following does not affect the negotiability of an
Article 315, paragraph (1)(b) of the Revised Penal Code (P.D. No. 115, Sec. 13). instrument:
1. An indication of a particular fund out of which reimbursement is to made or a
Q: What is the penal sanction if the offender under the Trust Receipts Law is a particular account to be debited with such reimbursement (NIL, Sec. 3);
corporation, partnership, association or other juridical entities? Note: But an order or promise to pay out of a particular fund is not
ANS: The penalty provided for under the Trust Receipts Law shall be imposed upon the unconditional (Metrobank v. CA, G.R. No. 88866, Feb. 18, 1991);
directors, officers, employees or other officials or persons therein responsible for the 2. A statement of the transaction which gives rise to the instrument (NIL, Sec. 3);
offense, without prejudice to the civil liabilities arising from the criminal offense (P.D. No. 3. A provision giving the holder an election to require something to be done in
115, Sec. 13). lieu of payment of money (NIL, Sec. 5(d)); and
4. A designation of a particular kind of money in which payment is to be made
Q: Is the element of deceit necessary for conviction for the crime of estafa under (NIL, Sec. 6(e)).
Trust Receipt Law?
ANS: No. The offense is punished as a malum prohibitum, regardless of the existence Q: What constitutes certainty as to sum?
of intent or malice. A mere failure to deliver the proceeds of the sale or the goods if not ANS: The sum payable is a sum certain, although it is to be paid: (Cl2DE)
sold, constitutes a criminal offense that causes prejudice not only to another, but more 1. With Costs of collection or an attorney's fee, in case payment shall not be
to the public interest (People v. Nitafan, G.R. No. 81559-60, April 6, 1992). made at maturity
2. With Interest;
3. By stated installments;

10 11
 4. By stated installments, with a provision that, upon Default in payment of any Note: Where the instrument, payable to bearer, is indorsed specially, it may
installment or of interest, the whole sum shall become due (acceleration nevertheless be further negotiated by delivery; but the person indorsing specially is
clause); liable as indorser to such holders as make title through his indorsement (NIL, Sec. 40).
5. With Exchange rate whether at a fixed rate or at the current rate. (NIL, Sec. 2). Q: What Is the Fictitious Payee Rule?
Note: "Stated installments" means that that dates of each installment must be fixed or at ANS: Under the Fictitious Payee Rule, an instrument is a bearer instrument if it is
least determinable as well as the amount to be paid for each installment (SUNDIANG payable to the order of a fictitious or non-existent person and such fact is known to the
AND AQUINO, Reviewer, supra at 20). person making it so payable (NIL. Sec. 9(b)). It is not necessary that the person referred
to in the instrument is really non-existent or fictitious. It is sufficient that the person
Q: When is an instrument payable on demand? named in the instrument was not the intended payee, even if he may in fact be existing
ANS: An instrument is payable on demand: (Philippine National Bank v. Rodriguez, G.R. No. 170325, Sept. 26, 2008).
1. When it is so expressed to be payable-
a. on demand Q: What is the exception to the Fictitious Payee Rule?
b. at sight ANS: There is a commercial bad faith exception to the fictitious-payee rule. A showing
c. on presentation of commercial bad faith on the part of the drawee bank, or any transferee of the check
2. When no time for payment is expressed; and for that matter, will work to strip it of this defense. The exception will cause it to bear the
3. Where an instrument is issuest.accepted, or indorsed when overdue, it is, as loss. Commercial bad faith is present if tba)transferee of the check acts dishonestly and
regards the person oeitsuin ac ptir,or indorsing it, payable on demand is a party to the fraudulent scheme:0:itne National Bank v. Rodriguez, supra).
(NIL, Sec. 7).

Q: What constitutee
....o's I I> .
tunable future time of; aymeht?k,
Q: When may a Bill of Exchanggited as a promissory note?
ANS: A bill may be treated as prderpis,s.b41veite when: (FACS)
A S: An instrumept is a te t.a-dattriTefable4 ture i N wi hin the meaning of the 1. Where the drawee is a FiCtitthOpetsprx(y/L. Seceli30);
NIL, which is express dit ayabt X, 2. Where the instrument4'soWiiialballifterpyidtioubt whether it is a bill or
1. At a fled
r l pen after date or sigh,}; or
a note (NIL, Sp,.,247),
2. On or efore, fixed or determi able future time speciftaerein; or 3. Where the Vwee is a per44t having Capacity tocontract (NIL, Sec. 130);
3. At a n1/1444.7pariod a er he occurfpnce o a spiecifiedlevA hich is certain to and 0 4.,
happKthoiligh the imeNoVapP,0110.06nc9rtain (NI E, Se 4). 4. The drawer,and drawee are the Same person (NIL. Sec x.1,30).
Note: An instrreptiiiiayable on artOhtj / enbylis N T negotiable+ d the happening
of the event doeCnol Cur defect (/ --.... B. FORGERY ND MATfiRlA i 2A
-- LTERATION
,TJA0
f- „ g
. V fA
Q: When is an nsaunkent ar,,,,‘, ble to
F5or
Q: What constitUteslotgery? • . {.;
ANS: Forgery is the counterfeit-making orufraudulent alteration:of a writing, and may
•
ANS: The instrukent is kayab q ,Iti‘or•*a consist in the sigriing„oforiother's name or,ihe alteration of an instrument in the name,
1. To the order of a\specifef4ers amount, descriptiontif the peMon and the like, with intent thereby to defraud (DE LEON,
\.+L
2. To the sp cified person Law on Negotiable Instruments, supra). 77,7'

Such "specified person "ben Q: What are the effectof a fined signature?
1. A payee who is nota fodYer, drawe1-,,kirAle• or ANS: When a signatureAls,forgesd or made without the authority of the person whose
2. The drawer or maker, o IVII signature it purports to be;41141ignature is wholly inoperative, and no right to retain the
3. The drawee; or instrument, or to give a disalarge therefor, or to enforce payment thereof against any
4. Two (2) or more payees jointly; or party thereto, can be acquired through or under such signature, unless the party against
5. One (1) or some of several payees; or whom it is sought to enforce such right is precluded from setting up the forgery or want
6. The holder of an office for the time being (Id.). of authority (NIL, Sec. 23).
Note: Where the instrument is payable to order, the payee must be named or otherwise Note: A forged signature does not void the entire instrument. It shall still be valid with
indicated therein with reasonable certainty (Id.). respect to persons whose genuine signature appears thereon (SUNDIANG AND
AQUINO, Reviewer, supra at 38).
Q: When is an instrument payable to bearer?
ANS: The instrument is payable to bearer: (ENF-NO) Q: Who are the persons precluded from setting up the defense of forgery?
1. When it is Expressed to be so payable; or ANS: The persons precluded from setting up the defense of forgery are the following:
2. When it is payable to a person Named therein or bearer; or 1. Persons who warrant or admit the genuineness of the signature in question.
3. When it is payable to the order of a Fictitious or non-existing person, and such Warrantors of genuineness include (ASID):
fact was known to the person making it so payable; or a. Acceptors (NIL, Sec. 62);
4. When the name of the payee does Not purport to be the name of any person; b. Subsequent Indorsers (NIL, Secs. 65 & 66);
or c. Persons negotiating by mere Delivery (NIL, Sec. 65); and
5. When the Only or last indorsement is an indorsement in blank (NIL, Sec. 9). 2. Those who by their acts, silence, or negligence, are estopped from setting up
the defense of forgery (AQUINO, Negotiable Instruments, supra at 287).

12 13
Note: These include acts or omissions that amount to ratification, express or implied
(SUNDIANG AND AQUINO, Reviewer, supra at 42). A person precluded from raising Q: What are the rules on liability of parties when a signature is forged?
the defense of forgery may still recover damages under the Civil Code provisions on ANS: The following are the rules on the liability of parties depending on which signature
quasi-delicts (CIVIL CODE, Art. 2176). is forged (apart from the party who made the forgery, who is in all cases liable):
Q: Can the drawer whose signature is forged on a check recover his money from .•
the bank withdrawn by another person through such forged check? PROMISSORY NOTES
ANS: Yes, Where the drawer's signature is forged, he can recover from the drawee
bank. A bank is bound to know its depositors' signature. No drawee bank has a right to
pay a forged check. If a bank pays the check, it is paying out Its own money and not the Bearer Note
depositor's, thus it must bear the loss (Samsung Construction Company Philippines, Inc.
v. Far East Bank and Trust Company, G.R. No. 129015, Aug. 13, 2003). Maker is not liable to all Maker is not liable to all
subsequent parties. subsequent parties.
Q: Can a drawer be barred from recovering from a drawee, or otherwise suffer the
reduction of the amount to be recovered, despite raising the defense of forgery of Indorsers after the forgery are Indorsers of a bearer instrument
his signature? liable to the holder due to their may be made liable to those
warranties that the instrument is persons who obtain title through
ANS: As a rule, a drawee bank vvtWlas.pa'd a check on which an indorsement has
been forged cannot charge &drawers"pccou t or4he amount of said check. An genuine and in all respects is their indorsements (NIL, Sec.
ofisush-, egligence which causes the what it purports to bei(NIL, Sec. 40).
exception to this rule is w
bank to honor such eic
the drawerriq
cir,...0ks-(GenvesaTv v,I CA, G.R. No. 92244, Feb. 9, 66). 001
1993; MWSS v. CA, G R No 2943, July 14, 11.86)
Maker and payee, are;p94,able Maker is liable (indorsement is
A\
point)„Of contributing spbstestially to the loss, the to any party subgeiAerit3tOffep pot necessary to title and the
If the drawer wa iegli pnt to the .,,
,
drawee-bank cart chardelhe Cirawer'.6accbuntilf both t he di-'k‘ \6ee-b'ank and the drawer forgery. - Pbiekergak-ngages to pay the
.0-, u .
were negligent,/the losisho id be apportioned betwee them (Associated Bank v. CA, holder).44,
Indorsers subsequentitojorgery
G.R. No. 107312` In31, 19 . are liable. k
N3:24,41,
Indorseicif a bearer instrument
‘<", ..,- maybe Finade liable to those
Q: What is the Cu ,Off Rule?i, , , , Tf , , 101
ANS: Parties rifor q the for d signatil,geiOut-off fr Ile parties after the forgery in perscins iiho'-obtain title through
the sense that Vorpirtie thof be 4,,elit li@bp an,d/ araileql<ddefense of forgery. they (Id.).
The holder can riry)eniorce, strip gain f pap, ies ho became such after the
forgery. (Gempevk6w v. OA, sa .!.,q ,.,V c's- Makerrptv,e, and the indorser MatserTis9e,10(indorsement is
whose signOture Wee' forged are not nec'essery to title and the
vveke ii, irts,be, iowarties ace personally precluded
The cut-off rule dos not ap ly ho, nO0ligbleZ?-.1 to the iti'erties maker engages to pay the
from setting up tflk\defensNorforg _elth -r .,.. beZai.Ve„, o 'their own warranties, subsequent 40 the forgeryt-,T(1447• holder).
representation, or neglig nceg :9 ------ - -""' -V, liable asttweach other)., -4k- —
,f5r 2:In do rsers of a bearer instrument
Indorsers subse quent to the
'9 may be made liable to those
Q: Give an illustration of the -off JUN
forgeryareliable. persons who obtain title through
ANS: Consider this course of negotia o s'of-an order note:
their indorsements (Id.).

C forged B's signature to indorse to D

• Order Bill
NI ---- A ----I C D E H
• Drawer is not liable because he was never a party to the
instrument.

M (maker), A, and B can raise the defense of forgery for being parties prior to Drawer's • Acceptor is liable if it paid (no recourse to drawer) because he
1.
the forgery as against C, D, E and H, unless they are personally precluded signature admitted the genuineness of the drawer's signature.
from setting up the forgery. • Indorsers subsequent to forgery are liable because of their
2. H can enforce the instrument only against C (the forger) D, and E unless warranties (such as collecting bank or last endorser).
precluded from setting up the forgery.

Payee's • Drawer, acceptor, and • Drawer and acceptor are

signature payee not liable. liable (indorsement not
necessary to pass title)

14 15
 Q: Is the alteration of a check's serial number sufficient to warrant the dishonor of
• Indorsers subsequent to • Payee is not liable.
a check?
forgery are liable (such as ANS: No. The serial number is not a material particular of the check. Its alteration does
collecting bank). • Collecting bank is liable
because of its warranty as not constitute material alteration of the instrument. The serial number is not material to
an indorser. But it may the negotiability of the instrument (International Corporate Bank v. CA, G.R. 129910,
recover from the person Sept. 5, 2006)
who forged the indorsement Note: "Material particular" includes any important detail that affects the tenor of the
on the check and deposited instrument or the rights of the parties. A material particular is not limited to the matters
or encashed the same (Jai- mentioned as requisites under Section 1 of NIL (AQUINO, Negotiable Instruments,
Alai Corp. v. BPI, G.R. No. supra at 222).
L-29432, August 6, 1975).
Q: What is the effect if there is an insertion of a wrong date?
ANS: Insertion of a wrong date may be a personal defense. The insertion of a wrong
• Drawer, payee, and indorser • Drawer and acceptor are date does not avoid the instrument in the hands of a subsequent holder in due course;
whose signature was forged liable (indorsement not but as to him, the date so inserted is to be regarded as the true date (NIL, Sec. 13).
is not liable. necessary to pass title)
A4
Indorser's -11; Q: What are the rules in the complet fo rt of blanks in a negotiable instrument?
• Accygrois ` not liaboid. Indorser whose signature ANS: The rules are as follows: 0,5•//=:
signature
• Indio ers (no
Na_eoliable such
fp s forged is not liable. 1. Where the instrument 1,:kVpntifigin any material particular, the person in
possession thereof has 'a 1:01)0de authority to complete it by filling up the
calenfank).
blanks therein; y Fr34,.40.1‘!..
-,s, • iotil.= ,- .. rr-4,
r 2. A signature on a blanispapeelelIvered 13y413e2geggsi making the signature in
order that the pagermay be,,cqi4ierted into a . negoAble instrument operates
Note: In bearer, instru ents, the signature, ofhe payqe or hoJdgri not necessary to as a prima favcYe%thority tqllit,up as such for anmjnpunt;
pass title to th in ent. nce,..wheltre_indnrcerdent is a fol-ge only the person 3. In order, howleOhat any,sbeIRstrument when completedmay be enforced
whose signatuie,4s_t rged can rai§e,thedIdefeni se/of orgery gain's a holder in due against any.,,RersogyvhdbecametLa party thereto prioits toccompletion, it must
p
course (Associated -8z nk v. CIA, sit;ae i i 4" 41''' be filledRv
'tip stn)c
11tlkIn accordance with the euthoritikgiven and within a
',..-'2,-Villr - reasonable
,,b time' and
•Ngg,
Q: What is th 24- OI r lea irtg-Rule?—' 4. If 4titlg,instrjignent after coMpletion,4,IsokegotiatesiAl a holder in due
ANS: When thp(fa)1Re b fails tole ikrif;e fo gze hec 87-1 Itered check to the course, it is vaikkand 91119tualkfor all purponeqqajands, and he may
collecting bank Iva hin et 24 lea24• fes16 Reding bank is absolved from enforceeitas-ifolaiad bee0filleep strictly in `aoadrdarice with the authority
19915. .
liability (Republic 8ank.v. CA, 42725A given .w
arkz4:thin a reasonable tine (NIL, Sec. 14).
C't-..-,
Q: What constitutekmater W alteka!!aeNr 1- \ Q: What are the effectp0material alteraboq
ANS: An alteration iesaid .t2 atenalifi a . prsotheffkbt&gpthe instrument. It means ANS: The following are lie effeds:4,(Pf--W1- )
an unauthorized change 'n ..e i9si 9 hat Rcapgrtsdy.)Cmodify in any respect the
tru'rri677 1. As to alteratiq by afP4rty }The instrument is avoided except as against the
obligation of a party or unauthorized addifigtkords:gptumbers or other change to an party who (1) trade,' authorized or (3) assented to the alteration, and (4)
incomplete instrument relating filhe. Aga ropoof"*Y party. In other words, a material subsequent indoilef0 because of their warranties. However, if an altered
alteration is one which changes the items which are required to be stated under Section instrument is negotiated to a holder in due course, he may enforce payment
1 of the NIL (Philippine National Bank v. CA, G.R. No. 107508, April 25, 1996). thereof according to its original tenor regardless of whether the alteration was
innocent or fraudulent.
Q: What are the changes that would constitute material alteration? 2. As to alteration by a Stranger (spoliation) — The effect is the same as
ANS: The change of the: (DaSuP-ReCAO) where the alteration is made by a party in which case a holder in due course
1. The Date; can recover on the original tenor of the instrument (NIL, Sec. 124).
2. The gip payable, either for principal or interest;
3. The time or Place of payment; Q: To what extent can a holder in due course enforce payment of an instrument
4. The number or the Relations of the parties; which had been materially altered?
5. The medium or Currency in which payment is to be made; ANS: He may enforce payment according to its original tenor (NIL, Sec. 124).
6. Or which adds a place of payment where no place of payment is specified, or
any Other change or addition which alters the effect of the instrument in any Q: When is a holder totally barred from recovery because of material alteration?
respect, is a material alteration (NIL, Sec. 125). ANS: A holder totally cannot recover from material alteration of an instrument if such
Note: This is a "partial" real defense because a holder in due course can alteration amounts to forgery (Montinola v. PNB, G.R. No. L-2861, Feb. 26, 1951).
enforce it according to its original tenor (AQUINO, Negotiable Instruments,
supra).
 •

C NEGOTIATION
Q: What is negotiation? Q: Who Is a general Indorser?
ANS: Negotiation is the transfer of the instrument from one person to another so as to ANS: A general Indorser is one who indorses the instrument without any qualification.
constitute the transferee a holder thereof (NIL, Sec. 30).. He is secondarily liable to the holder or any subsequent Indorser who may be compelled
to pay the instrument (NIL, Sec. 66).
Q: How is negotiation distinguished from assignment?
ANS: The distinctions are as follows (AQUINO, Negotiable Instruments, supra at 152): Q: Who is a qualified indorser?
ANS: A qualified indorser Is a person whose qualified indorsement constitutes him a
• . •. mere assignor of the title of the instrument. He is relieved of the obligation to pay if the
Neiirtiation Assignment • Instrument Is dishonored but not of the liability arising against warranties (Metropol
[Bacolod) Financing & Investment Corp. v. Sambok Motor Co., G.R. No. L-39641, Feb.
As to Nature of Transferee :••• 28, 1983).

Holder who may be a holder in duq. Mere assignee. Q: Who Is an Irregular indorser?
course. ANS: To be considered as an irregular indorser: (NBB)
1. A person must Not appear to be a party to theinstrument;
As to Rights Acquired 2. He must have signed the instrument in Blank; and
3. He must have signed Before.delivery (NIL, Sec. 64).
The transferee-holder 5aecc-juire ransla evannot acquire more rights
Note: The party is called an irregular' Begin "anomalous" indorser because he indorses
more rights than the ferorthe is Ille\fh_af transferor because he merely in an unusual, singular or pea:Harman:ler:His name appears where we would naturally
a holder in due course step 'nib ttle•dfiokof the transferor. expect another name (AQUINO. Naaoikiefilistruments, supra at 249).
, • •rik_tar,,,
As to Availability of Personal Defenses ., • Q: How is indorsement made? , •.: 41-.1'10,"&r...617.,fiAs
ANS: The indorsement must be wrieff (inIhe
A instrumenfitsepr upon a paper attached
.
y„,u,
...,-.‘ thereto. The signaturer Of the jetuneri without additio~r tt twords, is a sufficient
The transferee-holder may be free,••c?The transpree sUatways subject to indorsement (NIL, Sec.=31J4
from personal ,1-efefises irffrig7-a-;,,Ipersonal defenses. .„...4 tpnis; 1I\
holder in dui clitirsg. I ‘g."---_-_,.: iii! 4:—V2,7' I Q: What are the hinds of thothreement? i 1 1
.J § . t .•:_. iL._:,-,:.:. ANS: The kinds of indorseMent are tife,foll ng: (CRAgS-Q.I1) "k
r......vsk _,•:zi;2d-figp ---
- -:- ir;:;:. ,
1. CoriditiOnal 74.1:tight of the indorsdp is made,,to,deRetid orilhe.happening of a
Q: What are fir in,„ . tes a iliegotiatiori — 7' contikcjent event' /,', 411•4i-. Nrra....
.P"10,11,k,'frfr7
):;:k El I .5,•-•:•, 4,._),, - - • 1 IL .•7111
ken s. e•- ‘
ANS: If an instni ,4\ :/
Note: The pertyyf,equieedfito may disregard-rthcondition and make
.>‘.N,
1. Payabl? to bearer - . TOR,a‘tedlly raer • elit9ry; or? payment to the indorsee or hiss ransferee whether his condition has been
LbyTheAttdorsemenyf the holder and completed fulfilled or" not. Bu any persoNts.,,.wAom an instrument so indorsed is
2. Payablep orderki- ne pts‘c,_ -....,1,, _.,..- negotiated will hold the same, fthoeljilis thereof, subject to the rights of
by deliveN( ‘N/L, Sec. 30).0 --: b... i . the person indorsing conditionallWeSe&i39/.4'
2. Restrictive - An'indorsenient is restrictive, when it either (PAT)
Q: Can an instrumentkke iptvedki art? -c a. Prohibits furthgr negotiation of the instrument;
.1,
ANS: Yes, although indorkFmen?Fnust -be i rrKin€19ssemp • of the entire instrument in b. Constitutes the indorsee as the Agent of the indorser (e.g. indorsement
order to operate as a negoffablii- of r
theDpsyprnarliAf /E, in
Sec. 32). An indorsementi for deposit); or
part only results in the assignm-ert`oftsuch.partoas is included in the indorsement. The c. Vests the title in the indorsee In Trust for or to the use of some other
rest is not transferred and held by the assignee in trust. (Montinola v. PNB, supra). . persons (NIL, Sec. 36).
Note: Mere absence of words implying power to negotiate does not make an
Example: indorsement restrictive (NIL, Sec. 36). The omission of words of negotiability in
Negotiable Order Note for P10,000. X indorsed only P4,000 and delivered the note to Y. the indorsement does not affect the negotiability of the instrument but such
omission in the body thereof will render the instrument non-negotiable.
Effect: Y may demand payment up to P4,000 in the character of assignee. The other 3. Absolute - One by which the Indorser binds himself to pay:
a. Upon no other condition than failure of prior parties to do so; and
P6,000 was never transferred so Y has no right to the P6,000. If Y receives P10,000
b. Upon due notice to him of such failure.
when he demands on the note, he will hold P6,000 in trust in favor of the assignor and
4. Blank - Specifies no indorsee, and an instrument so indorsed is payable to
must return it upon the latter's demand. -
bearer, and may be negotiated by delivery (NIL, Sec. 34).
5. Special - Specifies the person to whom or to whose order the Instrument Is to
Moreover, since there was no negotiation, Y cannot negotiate the instrument (although be payable (Id.).
he may assign further up to P4,000). 6. Qualified - Constitutes the indorser a mere assignor of the title to the
instrument (NIL, Sec. 38).
Q: Who is an indorser?
ANS: An indorser is a person who negotiates the instrument through indorsement
completed by delivery (NIL, Sec. 30). A person placing his signature upon an instrument
19
otherwise than maker, drawer, or acceptor, is deemed to be indorser (NIL, Sec. 63).

18
 r

Note: It is made by adding to the indorser's signature words like "sans Q: What are the rights of a holder?
recourse," "without recourse," "indorser not holder," "at the indorser's own F
ANS: Every holder of a negotiable instrument may sue thereon in his own name and
risk,"and other terms of similar import. payment to him in due course discharges the instrument (NIL, Sec. 51).
"Without Recourse"- means without resort to a person secondarily liable
after the default of the person primarily liable. Q: What are the classes of holders?
7. Joint - Indorsement payable to the order of two or more persons (NIL, Sec. ANS: The classes of holders are the following: (DNV)
41). 1. Holder in Due course - One who has taken the instrument under the
Note: As a general rule, where the instrument is payable to two or more conditions of Section 52 and holds the instrument free from personal defenses
payees, ALL must indorse in order that the instrument may be validly available to prior parties;
negotiated, except: 2. Simple holder or holder Not in due course - One who became a holder without
a. Where the payee or indorsee indorsing has the authority to indorse for any, some, or all of the requisites under Section 52. He holds the instrument
the others; and subject to the same defenses as if it were non-negotiable; and
b. Where the payees or indorsees are partners (Id.) 3. Holder for Value - Where value has at any time been given for the instrument,
8. Irregular - A person who, not otherwise a party to an instrument, places the holder is deemed a holder for value in respect to all parties who become
thereon his signature in blank before delivery (NIL, Sec. 64). such prior to that time (NIL, Sec. 26).
Q: What are the effects of rest= ive Q: Who is a holder in due course?,,.._
ANS: Restrictive Indorsepent co ers Jon h.,. orAeethe right to: (RAT) ANS: A holder in due course isifleliols:Ick who has taken the instrument under the
1. Receive pay en so be, instrument. f following conditions: (COFI)
2. Bring any A io.p t prborifh-at the indorser qu 1. That the instrument is CeiTiplOi.:a:rid regular upon its face;
3. Transfer/is npt 4„such-liK611-erer-Av el% trieN•form of the indorsement 2. That he has become afio(d4I:e0iefore,.it was (0x.erdue and without notice
authorize t dopo (NIL, S e=6\--37.)T that it had been previgfisly t-IietiptiO4dgfiahlw9cellfiie fact;
Note: But all su seq indorsees acquir.e only. the ti 'ndorsee under the 3. That he has takenpit good Fgitti,i] and for value; A
restrictive indorsement Id.).

•
4. That at the tine of its negotiation to him, he had no, notice of any Infirmity in
the instrumertor defect in thelitIA of the person negotiating it (NIL, Sec. 52).
Q: What is the ffict of traAfkr-pf han,:if#tritment payalIrto order without :t;'t•,,;•: '. ;
indorsement H Q: When is an Ipstitiment?":COmplete andlregular on itp face"?,,,,
ANS: Where e qlVer instruirien payable to ,this °mier transfers it for value ANS: An instrument is incomplete whep it is, wanting in any material particular required
without indorse giitrtti'p tra f ?„trans efe ch ptle4asilhe transferor had to be inserted? negotiable instrument ( M, Sec. 14)i
therein, and the fre"nsferee itilie4thefri6 o haVe ttielndorsement of the Ve •
transferor (NIL, Sec. 49). nt ji/ ect merely assigned, and not
Q: Why does averson1WTho takes a. negotiable instrument it is overdue no
negotiated, to the ransfere. longer deemed to ,b7elaiholife in die coprse?
Note: But for the purposeNt deVliirppg-r, Tthe transfeye is a holder in due ANS: A holder whiilleices an:. overdue instrumht.lis put on inquiry although he is not
ourse, the negotiali n takesbec asIo611i3Ohe.
course, n the indorsement is actually actually aware of any 'existing defense Af.•v7110kpfty:,6 person taking an overdue
made (Id.). instrument should certainly questiOprWe'thViirlitnimerVie•igtill in circulation even if it is
4'90 1%04 INAA'CV overdue. Thus, such hdjder whq,dbes not make reasonable inquiry cannot be presumed
Q: What is the effect of an indoren in5ament payable to bearer? to be in good faith (MAIVIISli Philippine Commercial Laws, Vol. 1 (1986) p. 156)
ANS: Where the instrument, paTable—tti"Thearer, is indorsed specially. it may [hereinafter, 1 MARTIN, Commercial Laws].
nevertheless be further negotiated by delivery; but the person indorsing specially is
liable as indorser to such holders as make title through his indorsement (NIL, Sec. 40). Q: From which party must "good faith" be found in negotiation of negotiable
instruments?
Q: What are the effects of a negotiation by a minor? ANS: "Good faith" is required from the indorsee or transferee, not from the indorser or
ANS: Negotiation by a minor passes title to the instrument (NIL, Sec. 22). The minor is transferor of the instrument. Although good faith on the part of the holder is presumed,
not liable but the defense of minority is personal to him. Thus, other parties who are such presumption is destroyed if the payee or the indorsee acquired possession of the
capacitated cannot invoke such defense. However, the minor shall be liable if he i instrument under circumstances that should have put him to inquiry as to the title of the
actively misrepresents his age and it appears that he is of such age (estoppel) (Mercado I holder who negotiated the instrument (De Ocampo v. Gatchalian, et al., G.R. No. L-
v. Espiritu, G.R. No. L-11872, December 1, 1917). 15126, November 30, 1961).
D. RIGHTS OF THE HOLDER Q: What is the nature of the "notice" contemplated under Section 52 of the NIL?
Q: Who is a holder?
L ANS: "Notice" to holder covers only situations where the holder had actual or
ANS: A holder is a payee or indorsee of a bill or note who is in possession of it or the chargeable knowledge of the infirmity or defects or knowledge of such facts that his
bearer thereof entitled to receive the sum for which it calls (NIL, Sec. 191). action in taking the instrument amounted to bad faith (NIL, Sec. 56). Mere constructive
knowledge may not be sufficient.
 Q: What are the defenses against the holder?
Q: What is the effect of receiving notice of infirmity before payment of full amount ANS: The right of the holder to enforce payment of a negotiable instrument may be
of consideration? defeated by the defenses that may be raised by the person primarily or secondarily
ANS: Transferee will be a holder in due course only to the extent of the amount he had liable (Id.).
paid before receiving notice of the infirmity. He will be merely a holder for value for the
rest of the amount if he, nevertheless, pays the price. If he does not pay, he is merely a
Real Defenses Personal Defenses
simple holder for the value corresponding to the unpaid consideration (NIL, Sec. 54).
As to Nature
Q: When will the title of the person become defective?
ANS: In the acquisition thereof, the title of a person becomes defective when he obtains Absolute defenses - Those that Equitable defenses - Those which are
the instrument or any signature thereto by: (F201) attach to the instrument itself and available only against a person not a holder
1. Fraud; are available against all holders, in due course or a subsequent holder who
2. Force, duress or fear; whether in due course or not, but stands in privity with him.
3. Other unlawful means; or only by the parties entitled to raise
4. For an Illegal consideration. them.

In the negotiation thereof, the title beconaes.de active when he negotiates it in: (BF) As to Status of contract.
1. Breach of faith; or 000°' !Voidable
2. Under such circumstamtes thalijoq. t)qlf g EraudIML,
if Sec. 55).
As to Availability against HDC
i7 . .
Q: Does a holder n eftto pnyethat he is a holderklp dueitotirse? ot7aVailable against HDC
ANS: No. Every ho d ear 'open2. 0.prinfrfWto-be.,a:liolod,eltin due course, but when it
is shown that thOit&of any versoniNhci-ihas egotidtpd tge it s ru ument was defective, As to Deferisei'''
the burden is on tRe‘tabrder o prove th4he 'I: some persop under whom he claims
acquired the title as ho der in rue course (IL, Sec. 59) (f) q
Key: PAID-WIFI-MyD-pgM Key: CUBIC-RAIN-WIFI-MICU
IT 1. Prescription, r,.10
Q: When does the ? presumptiO0hat a hnidee, is a hol art, due course, not q Non-delivery/ ofs Complete instrument
\ 6, ....41t , - ‘01 2. Material Alteration (Sec 124)
applicable? 3. Illegality. _; if declared void for
um ayableiiintdOand is negotiated on en unreasonable U
(SIterac.v.iir6e)s
;a"Cts of corPorations where the
ANS: Where an
e ho deJs not.cleeme b ilder in<ltie course (NIL, Sec. any pupOse;,.-ii51`ii% corporatign ,CVs,...01p7,tppwer to issue
length of time afteriits ssu
4".
L..-.,, • •-, \i 4. Duress'arnountingi.tOry orge; negotiablep-apprit,;bue,th'e issuance was
53). / 5. Want of atithoriaaagent; not authorized‘for'the particular purpose
se 6. Insanity where insane for which it was issued;
Q: What are the tts o a holder.̀c i
0:4..Negotiation
4iN
person had a ..,guardian 449.90 in Breach of faith (Sec. 55);
ANS: A holder in d e tours :,, Siri‘, N. . . . / . appointed by thf„9purtf' +Ise-filo-W-6f wrong date in an instrument
1. Holds the instrumept fr e rom...er4Ede ecloPtitlet9f.prior parties; 7. Fraud in FactOrn
2. Holds the inttrArT9tAei r rom=defefffeskayajlab e to prior parties among (Sed'13);
themselves (persoul'delenseski. 5rIdikkl'%, ,A,- v Contractus of Frack17:." in 5. Conditional Delivery of Complete
.t.
Execution; instrument;
3. May enforcement palimeiof theNinstriime,ntfor the full amount thereof against 8. Non-Delivery of 'Incomplete
all parties liable thereon (ICTISa`or57). , 6. Filling up the blanks in an instrument
Instrument (Sec. 15); wanting in any material particular beyond
Note: A holder in due course is not free from real defenses. The claim of a holder in due
course can still be defeated by the person primarily or secondarily liable if the latter has 9. Minority (available only to the Reasonable time (Sec. 14);
minor); 7. Absence or failure of consideration,
in his favor real defenses (AQUINO, Negotiable Instruments, supra). 10.Ultra Vires Act of Corporation; whether partial or total (Sec. 28);
11.Discharge in Insolvency; 8. Illegal consideration (Sec. 55);
Q: What is the "Shelter Rule?"
12.Forgery (Sec. 23); 9. Filling up the blanks in an instrument Not
ANS: A holder who derives his title through a holder in due course, and who is not 13.Execution of
himself a party to any fraud or illegality affecting the instrument, has all the rights of such instrument within authority (Sec. 14);
between public Enemies; and 10.Want of authority of agent where he has
former holder in respect of all parties prior to the latter (NIL, Sec. 58).
14.Marriage in the case of a wife. apparent authority;
Note: An instrument subject to real 11.Fraud in Inducement;
Q: What is the exception to the "Shelter Rule?"
defense cannot be enforced against 12.Acquisition by Force, duress or fear
ANS: The Shelter Rule does not apply if the holder was a previous holder not in due the person to whom the defense is
course who repurchased the instrument either personally or through an agent. The (Sec. 55);
holder who is not a holder in due course cannot improve his situation by reacquiring the available but it can be enforced 13.Intoxication;
against those whom such defense is 14.Mistake;
instrument (AQUINO, Negotiable Instruments, supra). not available such as under Sec. 23. 15.Insanity where there is no notice of
insanity on the part of the one
contracting with the insane gerson;

23
22
 Q: What are the implications of an incomplete but delivered instrument?
16.Negotiation under Circumstances that ANS: Where the instrument is wanting in any material particular, the person in
amount to fraud (Sec. 55); and possession thereof has a prima facie authority to complete it by filing up the blanks
17.Acquisition of the instrument by therein. A signature on a blank paper delivered by the person making the signature in
Unlawful means (Sec. 55). order that the paper may be converted into a negotiable instrument operates as a prima
facie authority to fill it up as such for any amount. In order that any such instrument
Q: Correlate the defenses of a party liable with respect to his warranties when completed may be enforced against any person who became a party thereto prior
to its completion, it must be filled up strictly in accordance with the authority given and
ANS: The recognized defenses are correlated to specific warranties of a party as within a reasonable time (NIL, Sec.14).
follows:
Real Defense& Personal:tie en Q: When a maker prepares a blank check and leaves it to his secretary and the
latter makes himself the payee and subsequently indorses to a holder in due
That the instrument is genuine arid,in all resPects.w.hat it penpPrts to be course, is the maker liable?
ANS: Yes. When a signature is forged or made without the authority of the person
Material Alteration Antedating /Post-Dating
whose signature it purports to be, the check is wholly inoperative. The rule does not
171r.rerition4Z/rong Date
0.0,0', apply when the maker is precluded from setting up the forgery, due to his own
Forgery negligence (Ilusorio v. CA, G.R. No. 139130, Nov. 27, 2002).
F4e-5
Duress amounting to, t—FIllirWup bra.N n s beyond the scope of
fik X
j\.
,,,,s00'autrtinty A
Q: What are the effects if 5:;t
undelivered?
negotiable instrument is incomplete and

That he has a good title to it • ; .• . . fl,! ANS: Where an incomplete instruin,e9t: 1§! nptilrendeliveiRd, it will not, if completed
I and negotiated without authority, beieAalicdintractilorthe'ehands of any holder as
Want of Delive Inlompla kangf Deli,}eryWngiele
A
Instrument against any person whpseAriature was placed thereon befoVelivery (NIL, Sec.15). It
Instrument i At pl% is not a valid contract a per192who has signedibefpre the delivery of the
i tional Dpliveryvf-e__mplete Instrument
,q3lid instrument even in thelli"
,,an51
,; of a hoider irl4due course. Howeyer,, subsequent indorsers
eZ t% Eraudiriii nditement 1 are liable (DE LEON, Law otWedotiable Trments, supd a063);
I
.
;-Mistake il. 1,_, i It is a real defense whi9,11.,belongs to the drpiver (or parties, if any, prior to the delivery of

cf) -6 g, 4Y6f,p/ferivi& olom\ipe e Instrument the instrunnerWhe J?gieRagaivt any holder

Note: Where* incomplete and 9:0,,elive$F1 instrun'iehti.ma9$41-ehands of a holder in
due course, there,is al3trIrmifacie presumption of delivery whiehithe maker may rebut by
• That all prior parties had capacity to. contract. • proof of non-deliveryVv.
Minority \ ,..5.1.'dMk?s- ri
Q: If the instrument iWolen from the.:00gtarYsing was subsequently indorsed
Insanity --- x
14 to a holder in due course, is th,w'rilakeriiiblefiAIL-a,*W)
\\/9/")
ANS: It depends. If thWginstrumelt, is incomplete and has not been delivered by the
Want of Authority of Agerre - IVIn. maker, it will not, if comPleted and negotiated without authority, be a valid contract in the
hands of any holder (NIL'`4 , SW15). But if the instrument is complete but undelivered,
Ultra Vires Acts and was subsequently negotiated by another person to a holder in due course, the
That the instrument is, at the time of the indorsement, valid',401s,ubsisting maker is liable to the holder in due course (NIL, Sec. 16).

Illegality Failure or Absence of Consideration Q: What are the effects if the negotiable instrument is complete but undelivered?
ANS: Where a complete but undelivered instrument is in the hands of a holder in due
Prescription Illegal Consideration course, a valid delivery thereof by all parties prior to him so as to make them liable to
him is conclusively presumed. And where the instrument is no longer in the possession
Filling up blanks beyond reasonable time of a party whose signature appears thereon, a valid and intentional delivery by him is
Fraud in Factum presumed until the contrary is proved (Id.).
Duress / Intimidation

Transfer in Breach of Trust/Faith

 • t4*"0" - • r

Q: What are the rules when the instrument is complete but undelivered? •2. Crossed Check - a check which, in addition to the usual contents of an
ANS: The rules are as follows: ordinary check, contains also the name of a certain banker or business entity
1. Every contract on a negotiable instrument is incomplete and revocable until through whom it must be presented for payment (Associated Bank v. CA,
delivery of the instrument for the purpose of giving effect thereto; supra).
2. Between immediate parties and as regards a remote party other than a holder 3. Cashier's Check - a bank's order to pay drawn upon itself, committing in effect
in due course, the delivery, in order to be effectual, must be made either by or its total resources, integrity and honor behind the check. It is a primary
under the authority of the party making, drawing, accepting, or indorsing, as obligation of the issuing bank and accepted in advance upon issuance (Tan v.
the case may be; and, in such case, the delivery may be shown to have been CA, G.R. No. 108555, December 20, 1994).
conditional, or for a special purpose only, and not for the purpose of 4. Manager's Check - a check drawn by the manager of a bank in the name of
transferring the property in the instrument; the bank itself payable to a third person. It is similar to the cashier's check as
3. Where the instrument is in the hands of a holder in due course, a valid delivery to the effect and use (AQUINO, Negotiable Instruments, supra at 412).
thereof by all parties prior to him so as to make them liable to him is 5. Memorandum Check - a check given by a borrower to a lender for the amount
conclusively presumed; and of a short loan, with the understanding that it is not to be presented at the
4. Where the instrument is no longer in the possession of a party whose bank, but will be redeemed by the maker himself when the loan falls due and
signature appears thereon, a valid and intentional delivery by him is presumed which understanding is evidenced by writing the word "memorandum", "memo"
until the contrary is proved Xi-Sec 6 or "mem" on the check.
6. Traveler's Check - instrurripritiirchased from banks, express companies, or
Q: What are the effects if,t eretls„,an a n5. cIcerlurkof consideration? the like, in various denominitiorigy/d.).
ANS: An absence or failiarraf qortiderationersopOetnse against any person •--.
not a holder in due eurse)Paltial failure of ccitistcr ratiohys‘a defense pro tanto, Q: Can a check be payable to bearer'.,,
whether the failure 's ari rtai cl-aircrliprclated. (O1./4rot ewise (NIL, Sec. 28). ANS: Banks shall not issue caspiepsj.irnrariag0,.cr certified checks or other similar
n I instruments payable ( tol cash,-r,bear:ri t:tiiiitiuSh9d07.4:44'numbered account (BSP
Q: What is meant b rscri tion as a Epp! defense Circular No. 259, series of,2000, Sec. ').
ANS: This refers to extinctive prescriptignI„Ns a real defense w6@ ay be raised even OP-
against a holdetir5.
j-Ittricoursq. er th-FFI Code, ge prescriptive‘ eeriod of an action The exception to this ri4149,is!ubject tsf,the Following conditions ';
based on a written-contract is 10Vedrs'4fromca"c#6a1 of cause Of action (CIVIL CODE, 1. That the amount Oe.acti check tall not exceed p10i00b,;
k < !Tel. 2. That the buyer of the check is properly identified/
Art. 1144).
3. Thatgregister,4 'said checlkshAbe maintained
Q: What are the,drerentlands a \ of raud nd,what , are,its implications? 4. That Pasil(Siksuingend/or accepting ,a,s44A99tsold,instruments shall
ANS: Fraud ma,‘eith'ekoe F \in FaOty .tp.ff.r,au sIlfriducemen takeffieasurestiOssary<to ensure that suEkihStiifficrithfge not being used
1. Fraud tai Facturq- w err'a disbn etao sig an instrument not knowing in furthei:anceatqltnoneAtndiVg activity;
its character as a4,-iote 111.1t4c,,,a,.rea -de ense. 5. The deViite'rofi$said instruments shall be subject to the same
2. Fraud in'llvluceme.t rstcln. hojsigns the nstrument intends to requiremehls/,perutiriy applicableilq,,catAeposits; and
sign the salve asia egctiab strumenrhUbtas induced to do so only 6. Transactions9volvIng said in‘trii:MentSWust be reported to the Bangko
through frauCN t is.fagiersirial.defenseV.A\V Sentral if there' is reagotiatileaotkatOuSliSiTell that said transactions are
- A being used taunderffigds of illegitimate origin (BSP Circular No. 291, series
Q: Can a person claim fraud when. erely failed to read the instrument of 2001). •
before signing it? 14:41
ANS: No. The person who signs the instrument must lack knowledge of the character or Q: What does it mean to certify a check?
essential terms of the instrument. The defense is not available if the party involved had ANS: Where a check is certified by the bank on which it is drawn, the certification is
reasonable opportunity to obtain such knowledge. The essential element is that the equivalent to acceptance. Said certification implies that the check is drawn upon
maker or indorser must have exercised ordinary diligence and in no manner contributed sufficient funds in the hands of the drawee, that they have been set apart for its
negligently to the imposition (SUNDIANG AND AQUINO, Reviewer, supra at 45). satisfaction, and that they shall be so applied whenever the check is presented for
payment. It is an understanding that the check is good then, and shall continue to be
E. RIGHTS OF THE HOLDER good, and this agreement is as binding on the bank (New Pacific Timber v. Honorable
Seneris, L-41764, December 19, 1980).
Q: What is a check?
ANS: A check is a bill of exchange drawn on a bank, payable on demand (NIL, Sec. Q: What are the effects of certification of checks?
185). ANS: Certification of checks is equivalent to an acceptance and it is then that the
warranty under Sec. 62 exists. When the holder of a check procures it to be accepted or
Q: What are some common kinds of checks?
certified, the drawer and all indorsers are discharged from liability thereon (NIL, Sec.
ANS: The common kinds of checks, other than regular or ordinary checks are: (C3-M2-T) 188), and then the check operates as an assignment of a part of the funds to the credit
1. Certified Check - an agreement whereby the bank against whom a check is
drawn, undertakes to pay it at any future time when presented for payment of the drawer with the bank (National Bank v. National City Bank of New York, G.R. No.
43596, October 31, 1936).
(NIL, Sec. 187).

26 27
Q: In what ways can a check be crossed and what would that mean? III. INSURANCE (PD 612, as amended by RA 10607)
ANS: The following are the ways of crossing a check:
1. Crossed Specially - The name of a particular bank or company is written or A. CONCEPT OF INSURANCE
appears between the parallel lines in which case the drawee-bank must pay
the check only upon presentment by such bank or company (Chan Wan v. Tan Q: What is insurance?
Kim, G.R. No. L-15380, September 30, 1960) on penalty of being made to pay ANS: It is a risk-distributing device, a mechanism by which all members of a group
again by the rightful owner should the first payment prove -to have been exposed to a particular risk contribute premiums to an insurer. From these contributory
erroneous. funds are paid whatever losses occur due to exposure to the peril insured against (Sps.
2. Crossed Generally - only the words "and Co." are written between the parallel Tibay, et al, v. CA, et al., G.R. No. 119655, May 24, 1996).
lines or when none at all is written between said lines (Associated Bank v. CA, Q: What perils or risks may be insured against?
supra). ANS: The following are the perils or risks that may be insured:
1. Any contingent or unknown event, whether past or future, which may damnify
Q: What are the effects of crossing a check? a person having an insurable interest or creates a liability against him
ANS: The specific effects of crossing of checks are as follows: (INSURANCE CODE, Sec 3).
1. The check may not be encashed but only deposited in the bank; 2. A past event, provided the loss is unknown to both parties and they expressly
2. The check may be negotiate,thonly.once -to one who has an account with the stipulated that prior loss is insured by the policy (DIZON, The Insurance Code
bank; of the Philippines (2009), p. 63) [hereinafter, DIZON, Insurance].
3. The act of crossing serves as4.1,a lhefr der that the check has been
v aing toi 3. Contingent Liability. For example "Reinsurance.
issued for a,defiqirepfirOse--so=that4k-criusotjnq re i, if he has received the Note: Insurance for or against the drawing of any lottery, or for or against any chance or
check pursfarVo\t et-Oilpose PataatiGige and•Cigarette Factory, Inc. v. ticket in a lottery drawing a price is not alloWpd (INSURANCE CODE, Sec. 4).
Court ofAppea(p,G R. Nor930gradrch,,34994):
4. The ne bilifie chgpk itr'nok)affected by itsing crossed, whether What may be insured
generilly or pecially (Id); and Q: What may be the subject of an insurance contract?
5. The crossing of a check will not: extinguish t e prig is obligation of payment ANS: Life, and property, whether real or personal, or any relation thereto, or liability in
azar v
.„.Sa
(Arnatie7- . Brotile0 Marketing Corporap,A .7 G.R. No. 171998,
respect thereof, or such nature that a contemplated peril might directly damnify the
Oct. oc),1p). '<iv-- insured (INSURANCE CODE, Secs. 10 wylj14).
" H
Q:When is a che4i reqwrig ,o be presented for pay/Inept? Q: Enumerate and discuss the classes of:Insurance ,Contract
ANS: A check rriust,bf ptexs,eld tor .4ayirlept-Witfiti,a_rpasoliablelline after its issue ANS: They are the following: (FiCS-MaLCoM)
(NIL, Sec. 186 OThe/ cvrrerOarsik prabticetiqb.r.e412`presentnie t within 6 months 1. Fire Insurance - a contract by Which the insurer for a consideration agrees to
from issuance (Afceo v.Teople,01,.pld! 4'4264,01k/17, 26'06). indemnify the insured against loss' of, or damage to, property by hostile fire,
Note: Checks presented by a'hojdelfo ▪ ount with a depository bank
o_sit;invhis acc including loss by lightning, wind4Orm, tornado or earthquake and other allied
may be cleared tlitou• gh theNZhilinGlericig Kobse :Corporation, and in accordance risks, when such risks are covefe0by,extension to fire insurance policies or
with its rules and regq ations (MORB. .e_Qg under separate policies (INSURA*CE4pCDff,tSec,, 169);
2. Casualty Insurance -It is an insurance covering loss or liability arising from
Q: What is the effect of delay 19 jpesentirp Specks? accident or mishap, excluding those falling under other types of insurance
ANS: The drawer will be distharged ferniliabilIV,,thereon to the extent of the loss such as fire or marine (INSURANCE CODE, Sec. 176);
caused by the delay (NIL, Sec. 3. Suretyship - It is an agreement whereby a surety guarantees the performance
by the principal or obligor of an obligation or undertaking in favor of an obligee
Q: What is the effect of payment of checks without previously clearing them with (INSURANCE CODE, Sec. 177). However, a contract of suretyship shall be
the drawee bank? deemed to be an insurance contract, within the meaning of the Code, only if
ANS: Before the check shall have been cleared for deposit, the collecting bank can only made by a surety who or which, as such, is doing an insurance business
assume at its own risk that the check would be cleared. and paid out (Associated Bank v. (INSURANCE CODE, Sec. 2, (Par. 2);
Tan, G.R. No. 156940, December 14, 2004). 4. Marine Insurance - an insurance against risks connected with navigation, to
which a ship, cargo, freightage, profits or other insurable interest in movable
property, may be exposed during a certain voyage or a fixed period of time.
However, under the present laws, it also covers inland marine insurance
(INSURANCE CODE, Sec. 101);
5. Life Insurance - an insurance on human lives and insurance appertaining
thereto or connected therewith (INSURANCE CODE, Sec. 181). It includes a
contract or pledge for the payment of endowments or annuities (SUNDIANG
AND AQUINO, Reviewer, supra at 166) [hereinafter, SUNDIANG AND
AQUINO, Reviewer]. It may be payable on the death of the person or on his
surviving a specified period or otherwise contingently on the continuance or
cessation of life (INSURANCE CODE, Sec. 182);

28 29
 6. Compulsory Motor Vehicle Liability Insurance - provides for protection a.
coverage that will answer for legal liability for losses and damages due to As to the Mortgagor—As owner, has an insurable interest therein to the
bodily injuries and/or damage to property of a third-party or passenger arising extent of its value, even though the mortgage debt equals such value.
The reason is that the loss or destruction of the property insured will
from the use and operation of motor vehicle by its owner (DE LEON et al, The
not extinguish his mortgage debt (SUNDIANG AND AQUINO,
Insurance Code, (2014), p. 745) [hereinafter, DE LEON, Insurance]. The policy
Reviewer, supra at 96).
refers to a contract of insurance against the passenger and third-party liability b.
for death or bodily injuries and damage to property arising from motor vehicle As to the Mortgagee — His interest is only up to the extent of the debt.
Such interest continues until the mortgage debt Is extinguished.
accidents; (SUNDIANG AND AQUINO, Reviewer, supra at 97).
7. Microinsurance — an activity providing specific insurance-like and other similar Note: In case of an insurance taken by the mortgagee alone and for his
products and services that meet the needs of the low-income sector for risk
protection and relief against distress, misfortune, and other contingent events benefit, the mortgagee, after recovery from the insurer, is not allowed to retain
(Insurance Memorandum Circular No. 001-10, January 20, 2010). his claim against the mortgagor as it passes by subrogation to the insurer to
the extent of the insurance money paid (Palileo v. Cosio, G.R. No. L-7667,
Insurable Interest November 28, 1955).
3. In case of a property under a lease contract - the lessor cannot validly be a
Q: What is insurable interest? beneficiary of a fire insurance policy taken by a lessee over his merchandise,
ANS: In general, an insurable interes 's.thatinterest which a person is deemed to have and the provision in the contrarycontract providing for such automatic
in the subject matter insured, here he liasia relat 00nnection with or concern in it,
kr,,, assignment is void for being to law and public policy (Cha v. CA, G.R.
such that the person will nve 'kuniatObni ridvange from the preservation of No. 124520, August 18,1997)Y
the subject matter insysed rApecu •• os4fopda age from its destruction,
termination, or inju ppening of the eve 1,44s6re a inst (Lalican V. Insular Q: What is the insurable intereSt
curable interest need heicarrier and depositary in a contract of
Life Insurance ., 352 t-2,5 2009 carriage?
not always be pe tiff 114 re. ANS: The carrier may be da n'ifieciOy .tfiellties4citztbe7 0 1.).
rgoo ds because he may be
Note: A credito ma y insu nc
e out t e life I his gbtor but such interest is obligated to pay the shipfie any damage to the oioto-tA
(INSURMGE CODE, Sec. 10\(C On the other hand, a
limited to the e ent of Ills cre it depositary is obligatedOtake care of the deposited afird'he can be made liable if
the thing deposited is i!fal' aged (AQCIVIO,y nsurance, supra 469).
Q: What is th staty of the insurance co tract. her the i Islife8 has no insurable
interest over the lei e or property ha nstiies 6 Q: Distinguish "tatfdar
is consi e dd unenf rApAble. Moreo er, if it can be Mo •gage Clause fromlOpr or Loss Payable
ANS: The insureco Mortgage Clape.
established that tke, ont eall agei, c,a Q 9. sidered void for ANS: The distinctions foil
being against Ibriblicl aittja/ suranceNt W (2014), p. 59)
ura
[here inafter AQ U INO, IInure
Note: Correlate t Sectios18 rice Co Standard or Union Mortgage Clause , Open or Loss Payable Mortgage
Clause
Q: What is the meature of Inv ake21,Xeir,1124pro
licproge tent to which the insured Subsequent acts 6.f,!t
p,hel- mortgagorg, gefl
ANS: The measure of insu 4ctsiroft. the. mortgagor affect the
might be damnified by t ndury t ere~of (/ CODE, Sec. 17). cannot affect thefrrights 007.thlia
assignee.
All'a*Avir
ea
Q: How is the existence ofinsurable interest! property determined? Reason: Mortgagor does not cease to
ANS: Insurable interest in property does no necessarily imply a property interest in, or a Reason: It is as if the insurer made a be a party to the contract (SUNDIANG
lien upon, or possession of, the subject matter of the insurance, and neither title nor a new and independent contract with the AND AQUINO, Reviewer, supra at 97;
beneficial interest is requisite to the existence thereof. It is sufficient that the insured is mortgagee.
DE LEON, Insurance, supra at 84).
so situated with reference to the property that he would be liable to loss should it be
injured or destroyed by the peril against which it is insured. Anyone has an insurable
Q: What are the effects of loss payable clause?
interest in property when he derives a benefit from its existence or would suffer loss ANS: The effects are the following (1-LARA):
from its destruction (Gaisano Cagayan, Inc. v. Insurance Company of North America, 1. The contract is deemed to be upon the Interest of the mortgagor; hence, he
G.R. No. 147839, June 8, 2006). does not cease to be a party to the contract;
Q: What are some special cases with respect to insurable interests? 2. In case of Loss, the mortgagee is entitled to the proceeds to the extent of his
credit (DIZON, Ins urance, supra at 106);
ANS: The following are special cases: 3. Any act of the mortgagor prior to the loss, which would otherwise Avoid the
1. In case of a carrier or depositary: a carrier or depository of any kind has an
insurable interest in a thing held by him as such, to the extent of his liability but insurance affects the mortgagee even if the property is in the hands of the
not to exceed the value thereof (INSURANCE CODE, Sec. 15). mortgagee;
In case of a mortgaged property - the mortgagor and mortgagee may each 4. Upon Recovery by the mortgagee to the extent of his credit, the debt is
2.
have an insurable interest in the same property so mortgaged and these extinguished; and
interests are separate and distinct from the other. Therefore, insurance taken 5. Any Act, which under the contract of insurance is to be performed by the
by one in his name only and in his favor alone does not inure to the benefit of mortgagor, may be performed by the mortgagee with the same effect
the other. (INSURANCE CODE, Sec. 8).
30 31
 Q: Is there a prohibition against double insurance under the Insurance Code?
Note: The insurer's right to subrogate to the-claim of the mortgagee-creditor does not ANS: Double Insurance is not prohibited by law, unless the policy declares that
apply in this case because premium payments have been paid by the mortgagor on his
behalf and not by the mortgagee. additional or other insurance clauses shall be avoided (INSURANCE CODE, Sec 75).
Nonetheless, it must be disclosed in order to prevent an increase in the moral hazard;
Q: Distinguish insurable interest in property and insurable interest in life. and to prevent over-insurance and fraud and thus, avert the perpetration of fraud (DE
LEON, Insurance, supra at 309).
ANS: The distinctions are the following:
Q: What is the Additional or Other Insurance Clause?
ANS: This is a stipulation prohibiting the taking of another insurance policy over the
same property, upon the same subject matter, and upon the same interest therein
(Gonzalez La 0 v. Yek Tong Lin Fire & Marine Insurance Co., Ltd., G.R. No. 33131,
Insurable interest in life is unlimited. December 13, 1930). This type of stipulation is lawful because a policy may declare that
Insurable interest is limited to the
a violation of a specified provision thereof shall avoid it (INSURANCE CODE, Sec. 75).
actual value of the interest thereon.
Note: It seems that the Court in La 0 v. Yek Tong Lin believed that the "other Insurance
• As to Emstencefof Insurable Clause" cannot be invoked if the other insurance is only an additional insurance to cover
the remaining value of the goods. However, some authors opine that the ruling should
It must exist when the insure ce,
talgr is.enpugh that interest exist at the be abandoned because even if the insurance coverage is less than the total value of the
effect AND when the loss ocpprs, bit es qg'poticy takes effect and need goods, the insurance should stillA4;c9nsidered an insurance over the entire same
4o, ho exist 2t th`e time of the loss. subject matter (AQUINO, Insuranagtypra:,4218).
need not exist in the eantime?S,---------
)
Exceptior2s: Q: What is over-insurance?
1. -When tatters by. tOe creditor on the ANS: Over-Insurance exists whvilliVrkie- clIggeppytrilrts,urance over the property
-;, life of thelileb:tor; and insured in an amount which 1s!rin excess' ihe vartie'ClehiSInsurable interest (AQUINO,
2. When'the insurance is taken by the Insurance, supra at 219);y,
employer on_i the life of the
Q: Distinguish Over-Insurance i „frqmtoiable Insurance ,
ernployee. ANS: The distinctiori,, ,are,fsst.tellows

Over-Insurande Double Insurance

Expecfatton of the benefit derived need As to Amount of Insurance .
-11:09kkOgalbliasis.
When the amountofrthe insurance There may be no over-insurance as
As to Insurable Interest of the E;aheficiir4 , is beyond the value of
, the irlsuredis when the sum total of the amounts of
Ti: insurable interest. th,y; p4liciRe issued does not exceed the
The beneficiary must,-Thave---zan_d_ iftht,irisured secured the policy, the
insurable interest in the thined)iriltred....— ,e,eCt not have insurable insurable of the insured.
' irpreskc i'verlhe life of the insured; if As to Number of insurers'
Ligcludoby the beneficiary, the latter
*--rillief have insurable interest in the life There may only be one insurer There are always several insurers
of the insured. involved. (DE LEON, Insurance, supra at 308).

(AQUINO, Insurance, supra at 65 -66). Q: What are the effects of over-insurance by double insurance?
ANS: The following are the effects: (CVU-ER)
Double Insurance and Over-Insurance 1. The insured, unless the policy otherwise provides, may Claim payment from
Q: What is double insurance? the insurers in such order as he may select, up to the amount for which the
ANS: Double insurance exists when the same person/property is insured by several insurers are severally liable under their respective contracts;
insurers separately, in respect to the same subject and interest (INSURANCE CODE, 2. Where the policy under which the insured claims is a Valued policy, the
Sec. 95). insured must give credit as against the valuation for any sum received by him
under any other policy without regard to the actual value of the subject matter
Q: What are the requisites of double insurance? insured;
ANS: The requisites are the following:(TIR) 3. Where the policy under which the insured claims is an Unvalued policy, he
1. Two or more insurers insuring separately: must give credit, as against the full insurable value, for any sum received by
2. Same Insured person; him under any policy;
3. Same Risk or peril insured against 4. Where the insured receives any sum in Excess of the valuation in the case of
valued policies, or of the insurable value in the case of unvalued policies, he

32 33
 must hold such sum in trust for the insurers, ,according to their right of Q: Distinguish Co-insurance from Reinsurance. (1994 Bar)
contribution among themselves; and ANS: Reinsurance is where the insurer procures a third party, called the reinsurer, to
5. Each insurer is bound, as between himself and the other insurers, to contribute insure him against liability by reason of such original insurance. A reinsurance is an
Ratably to the loss in proportion to the amount for which he is liable under his insurance against liability which the original insurer may incur in favor of the original
contract (INSURANCE CODE, Sec. 96). insured (INSURANCE CODE, Sec. 97).
Note: The above-quoted rules will apply if there was prior consent of the
insurers in taking the insurance or when double insurance is not prohibited in Co-insurance exists when a condition of the policy requires the insured to bear ratable
the policy even if the total coverage is in excess of the value of the property proportion of the loss when the value of the insured property exceeds the face value of
(AQUINO, Insurance, supra at 221). the policy. Co-insurance may also exist where the same person is insured by several
Note: It is necessary to determine from whom and how much can the insured recover. If insurers separately in respect to the same subject and interest, there is double
there is over-insurance, he cannot recover beyond his loss (AQUINO, Insurance, supra insurance under our statute. The situation is also sometimes described in the texts and
at 220). cases as concurrent insurance, additional or other insurance, or co-insurance (General
Insurance & Surety Corporation v Ng Hua, G.R. No. L-14373, January 30, 1973).
Q: What is the nature of the liability of the several insurers in double insurance?
Explain. (2005 Bar) Q: Distinguish Double Insurance from Reinsurance.
ANS: The nature of the liability of the se eral insurers in case of double insurance is ANS: The distinctions are as follows:
that each insurer is bound to coptn u e r -e,to,,,ss in proportion to the amount for -Vr
which he is liable undesohir c.taktract 1NCE'CODE, Sec. 96). The ratable Double Insurance Reinsurance
contribution of each ins re is elermin sj r thistormula:
„Amount of the InsurerePolidy\ As to Interest
Liability of the 17
T' tarA ounr6flirslirano aRetKISelristikd "Value of Loss
Note: Otherwise,Kr asthe Principle
Principle dr rbutio or'D ogt ution Clause. illiftegerainterests.
• As to Subject •
Reinsurance
(..1)
Q: What is re surance? Subject of insuranceIis4prope Subject of Insurance is the original
---'7,7, tv,
ANS: It is a can'te—dtf 13y which theihsureriparhcuees a t ird perspn toll sure him against E.7 insurer's risk,
loss or Habil' b eAson of an .orrOVImeRre-h'ce (I SI,JRANdog pE, Sec.97). An
I I - ---N 4
As to Insurer
original insured h slio intere, k.via_conflac-Kof reins ,a a SUR ' CE CODE, Sec
100). A reinsuPin,cflskprek) , ct,to be", • 991ract o, apt liability, and not
merely:against 1 atnageWNS RANCE* E;,(409( o called as "an insurance Insurer remains in sCid capa9ly, InsurerOecciMesi-:„ e' insured in
of an triturance" DE LE N, frr Stan e, --e-u ra-a" or as the insurer/Ze; 0'1w.original/ relation to reinsurer. -
insured. V'44--,w41. 1-
"
Q: What is retrocession?
ANS: It is a transaction w erebySeNthelTansUr
1 N flt nrsses to another insurer a As to Insured •
portion of the risk reinsikt e /)0 4;f1'
Insured is the pa in interest in Original insured has no interest in the
1
Q: Discuss the nature of contract ofreins'
reins ,aace? t',.?
the two insurance contracts reinsurance contract (INSURANCE
ANS: A contract of reinsurance is: CODE, Sec. 100).
1. Separate form original insurance policy- the contract of insurance is
independent of and separate from the contract of reinsurance. The practice is As td Insured's Consent
for the reinsurer to pay the insurer even before the latter has indemnified the
original insured; Insured has to give his consent. Insured's consent is not necessary
2. Contract of Indemnity against liability - in reinsurance, the reinsurer agrees to (DE LEON, Insurance, supra at 316).
indemnify the insurer, not against actual payment but against liabilities
incurred. Therefore, it is by no means necessary that the insurer shall first
have paid loss accruing as a condition precedent to his demanding payment to Q: What are the liabilities of the reinsurer as to the reinsured and to the original
insured?
the reinsurer;
ANS: The liabilities of the reinsurer are as follows:
3. Insurable Interest in requirement applicable - the primary insurer is not entitled
to contract for reinsurance exceeding the limits of the policy ceded to the 1. As to the reinsured - The reinsurer is not liable to the reinsured for a loss
reinsurer. Similarly, the reinsurer cannot provide coverage for risks beyond the under an original policy if the latter is not liable to the original insured or for an
scope of the coverage provided by the primary insurer; amount more than the sum actually paid to the insured.
4. Contract Based on the original policy - the reinsured risk must be the same as Note: The reinsurer is entitled to avail itself of every defense which the
that covered by the original insurance policy; and reinsured might urge in an action by the person originally Insured (Gibson v
Revilla, G.R. No. 1-41432, July 30, 1979).
5. Subrogation applicable - in general, a reinsurer, on payment of a loss,
acquires the same rights by subrogation as are acquired in similar cases
where the original insurer pays a loss (Id).
34 35
 2. As to the original insured - the original insured may stand in three (3) relations responsible for the accident shall be maintained (INSURANCE CODE, Sec.
toward the reinsurer in accordance with the terms of the particular contract of 391).
insurance:
a. Contract of reinsurance solely between insurer and reinsurer - the Q: What is the liability of the insurer in a life insurance in case the insured
original insured has absolutely no interest in the contract and a total commits suicide?
stranger to it. Unless the reinsurance contract contains a stipulation ANS: The insurer is liable in the following cases:
assigning the right of the insurer in favor of the insured, the latter, not 1. If the suicide is committed 2 years after the date of the policy's issue or its last
being privy to the contract, has no cause of action against the reinstatement; or
reinsurer, but only against the insurer. Note: Any stipulation extending the 2-year period is null and void (Tan v. Court
b. Contract of reinsurance with stipulation in favor of original insured - the of Appeals, G.R. No. 48049, June 28, 1989).
contract of reinsurance may contain a provision whereby the reinsurer 2. If the suicide is committed after a shorter period provided for in the policy; or
binds himself to pay to the policyholder any loss for which the insurer 3. If the suicide is committed in a state of insanity regardless of the date of the
may become liable; and commission unless suicide is an excepted peril (INSURANCE CODE, Sec.
c. Contract of reinsurance amounting to novation or original contract - the 183).
original insured may also maintain an action directly against the Note: Notwithstanding the foregoing, the insurer will not be liable if he can show that the
reinsurer in those_ cases=in the circumstances attending the policy was obtained with the intention to4commit suicide even in the absence of any
making of the cont 'of r ins rapicelkamount to novation of the original suicide exclusion in the policy (DE LEON, Insurance, supra at 462).
contract (pt LE I, Ins c , shpr's aT'323-324).
Q: Is the insurer liable in casef the depth was sanctioned by law (e.g. by legal
Q: What are the methods of5edIng reinsurance? execution)? ‘
ANS: The followingra0141nethorlse---7— ANS: Yes, it is one of the risks assumed.-.1iy-the' insurer under a life insurance policy,
1. Automatic einsuralice taihaged is oundtooictgeand the reinsurer is unless there is a valid policy exception q(DE"LEON, Insurahce, supra at 111, citing
.4,
obligatld to gcept p fixedi!Shagof,ft-ie risk hiCh hps tole reinsured under VANCE).
the cofitract (d. at 3e0).
2. Facultative' Reinsurance —" there is no obliga en to cede or accept Q: Who shall receive the life insurance proceeds when the beneficiary is the
.at:
partiiipion in the risk a free cho9e. Bupnce the share is
parti hOlfigl principal, accomplice or accessory inovVillfully bringing 'about the death of the
accepted obligation isiabpi?IlUte„and assumed thereunder can insured?
be discharged bo,ment orsfde!-:of losses1(Ettuita,ble & Casualty Co., ANS: The share forfeited shall pass on4 the other beneficiaries, unless otherwise
Inc. vkR.ura I Xs. &po., Inc. p.:49 . L-1747::idnua <1962). disqualified. In; the abSence of other beneficiaries, the proceeds shall be paid in
\O\ accordance with the policy. If the policy is silent, the pl'oceeds:h6ll be paid to the estate
No Fault. suicide. and incontethibNtyclauies of the insured (INSURANCE CODE,Sec.14.
Q: What is the "Ne Fault Clause '?.
ANS: Any claim fo p" death oqodikpirkeggat . airj9d by a passenger or third party Exception: Although the law used the word willfully, it is a condition that the act must
under a CompulsoryNotVV fliuraTce
r Imp CI) policy shall be paid also be felonious. Invocation'of the comrriftlavitfule requires proof of the beneficiary's
without the necessity okprobip fad1177egligzAce\of„,,,atly kind provided the total intent to kill the victim. But what was'intel'aiiii`gout this rule is that it did not require
indemnity in respect of anyPeLsonfshall INififteei1tho6sand pesos for all motor vehicles the conviction of the crime to bar recovery. The civil standard of liability rather than the
(INSURANCE CODE, Sec. 3911AQUIL\10-instoanc, supra at 358). criminal standard of guilt is what is required. Thus, if the death of the insured was not
made by the beneficiary in'a willful manner but through reckless imprudence or with the
Q: What are the rules governing claims under the "no fault" clause? presence of justifying circumstances, he does not forfeit his right over the proceeds
ANS: They are as follows: (DIZON, Insurance, supra at 146).
1. The total indemnity in respect of any person shall not be less than Fifteen
thousand pesos (P15,000.00); Q: What is the Incontestability Clause?
2. The following proofs of loss, when submitted under oath, shall be sufficient ANS: The "incontestability clause" under Sec. 48 of the Insurance Code provides that
evidence to substantiate the claim: an insurer is given 2 years — from the effectivity of a life insurance contract and while
a. Police report of accident; and the insured is alive — to discover or prove that the policy is void ab initio or is
b. Death certificate and evidence sufficient to establish the proper payee; rescindable by reason of the fraudulent concealment or misrepresentation of the insured
or or his agent. After the two-year period lapses, or when the insured dies within the
c. Medical report and evidence of medical or hospital disbursement in period, the insurer must make good on the policy, even though the policy was obtained
respect of which refund is claimed; by fraud, concealment, or misrepresentation (VILLANUEVA-CASTRO, Take Note:
3. Claim may be made against one motor vehicle only. In the case of an Commercial Law Series (2016), p. 244) [hereinafter VILLANUEVA-CASTRO,
occupant of a vehicle, claim, shall lie against the insurer of the vehicle in which Commercial Law].
the occupant is riding, mounting or dismounting from. In any other case, claim Note: The period of 2 years for contesting a life insurance policy by the insurer may be
shall lie against the insurer of the directly offending vehicle. In all cases, the shortened but it cannot be extended by stipulation (Tan v. CA, G.R. No. 48049, June 28,
right of the party paying the claim to recover against the owner of the vehicle 1989).

36 37
 L
L

4. Insurable interest - public policy requires an insurable interest to prevent

Q: What are the requisites for incontestability?
ANS: The following requisites must be present: (LIP-2) wagering under the guise of insurance (INSURANCE CODE, Secs. 10-14;
AQUINO, Insurance, supra at 57); and
1. It must be a Life Insurance policy;
5. Scheme to distribute the losses - an insurance contract is a risk-spreading
2. It must be Payable on the death of the insured;
3. It must be in force during the lifetime of the insured for at least two 1.21 years device; that is to distribute the actual losses among a large group of persons
from its date of issue or of its last reinstatement (INSURANCE CODE, Sec. bearing a similar risk (AQUINO, Insurance, supra at 10).
48) Note: A contract of insurance must have all the essential elements of a valid contract as
enumerated in Article 1318 of the Civil Code (Id.).
Q: What is the effect when the policy becomes incontestable?
ANS: When a policy of life insurance becomes incontestable, the insurer may not refuse Q: Discuss the characteristics of an insurance contract. (RAPE-ACU2)
to pay the same by claiming that: ANS: The characteristics of an insurance contract are:
1. Risk Distributing Device - the device of insurance serves to distribute the risk
1. The policy is void ab initio;
2. It is rescissible by reason of the fraudulent concealment of the insured or his of economic loss among, as many as possible, those who are subject to the
agent, no matter how patent or well-founded; or same kind of risk (SUNDIANG AND AQUINO, Reviewer, supra at 71).
2. Aleatory - a contract wherein one of the parties or both reciprocally bind
3. It is rescissible by reason of the fraudulent representation of the insured or his
agent (DE LEON, Insurance,,5upra 73-174) ' themselves to give or to do something in consideration of what the other shall
give or do upon the hapoppOP an event which is uncertain, or which is to
Q: What are the defenses- of b' red a.yjc OhistObi ty clause? occur at an indeterminate1199A/L CODE, Art. 2010).
ANS: The defenses f arrtvi
itRicillpOin :,(EAB-PICZL./ 3. Personal - the law pftlicirnAittlat the insurer considered the personal
1. That the Fr, d is opa icular vicious trfpe;y., qualifications of the kinsgrestgil approving the insurance application
(SUNDIANG AND AQUIplOtkeiftecyfsrugra at 734
2. That the Arctic a iprocigritTtliirrth tirnekuLt e 1 ifiefl•
4. Executory - the contract RgdtarstatiktIm --cAtrer and subject to the
3. That th grg i itpia failed-a,to fignis0,7proof of 'cleat no to comply with any
conditipris imp( sed 1?y the p51i4afterbe los haAt pegEl; conditions, the ancipal one,olvhich is the happening of the event insured
against (AQUINO, Insurancesujira at 16).
4. That t e Person to ing the insgii:Otce lacked nsura 10iterest as required by
5. Contract of Adhesion or Fwe'Prol Rule - most of/` terms of the contract do
law; jlIl -
is 1 pa,i,,W ‘,....-4 not result fOrt
:mihakh'egotiationt between the parqes as they are prescribed
5. That h-O-Premiums . avek"tie not
6. That he Cause..of th7 death-qkt diipsuied is n exceRted.ris ,, and in print9dfform totOic_h the insu eo may adher0if 119 chooses to but which he
..,A0- of the Oita ating to 77 Ili* orliAval service have canwthanWSUND/ANG''ANDAQU/NO, ReiViewer, sui5r,a at 71).
7. That het9 diti
6. Corts,aps- thtRontragis peKbted bkrnm$,c2whPhout the need of
been 163
delivery or aryf oR alityAUlla Insurandeitgiiptqa:WConditional - it is
..kw
Q: What are th instances in\wjhissh4fie iinCi3 ,9,.$ We clas se is inapplicable? dependeAup9.1the happeping Ogthe principal cdration'and other conditions,
ANS: The incontestable of be dyhe following cases: (PWP) if any, whi,Frhiust* complied ilth as precedent to the right of the insured to
claim proceeds (AQUINO, InsuranweRca at 16).
1. Non-payent of EVillz,S'erry-r\ N
a cogditicl "of•thcilliolbr4r rel ting to..piiftary or naval services in
-te 7. Uberrimae Fide. ,Contract - both.4attjeA0Anot only perform their obligations
2. Violation oN
times of War; 0( n -AV in good faithfOit mus140,01dErniagiriglie;oneValrnent or misrepresentations as
3. PropertyInsuraric ArQUINO, lisurap t4Pra , 170). contracts of insurance are one of utmost good faith (SUNDIANG AND
1V 1 AQUINO, RevietVer,Acipra at 73).
8. Unilateral - upon payment of the premium, the insurer has the obligation to pay
B. PERFECTION OF CONTRACT
the proceeds of the insurance in case of loss (AQUINO, Insurance, supra at
Q: What is a contract of insurance? 15).
ANS: It is an agreement whereby one undertakes for a consideration to indemnify
another against loss, damage or liability arising from an unknown or contingent event Q: Who are the parties to a contract of insurance?
(INSURANCE CODE, Sec. 2). ANS: The following are the parties:
1. Insurer - party who assumes the risk of loss and undertakes for a
Q: What are the elements of a contract of insurance? consideration to indemnify the insured or to pay him a certain sum on the
ANS: The elements are the following (SUNDIANG AND AQUINO, Reviewer, supra at happening of a specified contingency or event (DE LEON, Insurance, supra at
80): (PARIS) 74).
1. Payment of Premium - in order that an insurance policy be valid and binding, Note: Under the Code, the business of insurance may now be carried only by
actual payment of the premium (consideration) must be made (INSURANCE corporations, partnerships, and associations. Individuals are no longer
CODE, Sec. 77); included in the term insurer (INSURANCE CODE, Sec. 190).
2. Assumption of risk - the insurer undertakes to indemnify the insured against 2. Insured - the party who is indemnified against, or is to receive a certain sum
loss, damage, or liability (INSURANCE CODE, Sec. 2); upon the happening of a specified contingency or event.
3. Risk of loss - the happening of designated events, either unknown or Note: The insured is not, however, always the person to whom the proceeds
contingent, past or future, will subject the insured to some kind of loss, are paid. This person may be the beneficiary designated in the policy (DE
whether in the form of injury, damage or liability; LEON, Insurance, supra at 74).

38 39
Q: Who is a beneficiary? C RIGHTS AND OBLIGATIONS OF THE PARTIES
ANS: A beneficiary is one for whose name or for whose benefit the insurance proceeds
Rights of the Insurer
shall be applied exclusively (INSURANCE CODE, Sec. 53).
Q: What are the Rights of the Insurer?
Q: Who are disqualified from being designated as beneficiaries? ANS: The rights of an insurer in a contract of insurance are: (DR-PECS)
ANS: The following cannot be designated as a beneficiary of a contract of insurance: 1. Right to receive Payment of the premium; (INSURANCE CODE, Sec. 77).
1. Any person who is forbidden from receiving any donation under Article 739 2. Right to Deny the reinstatement of a lapsed policy;
cannot be named beneficiary of a life insurance policy and by the person who 3. Right to Rescind for just cause;
cannot make any donation to him, according to said article (CIVIL CODE, Art. 4. Right to Cancellation of a non-life Policy;
2012). Such persons are the following: 5. Right to be Exonerated from a loss resulting from fraud or connivance; and
a. Those made between persons who were guilty of adultery or 6. Right to Subrogation to the right of action of the insured against the cause of
concubinage at the time of the donation; the latter's loss or injury.
b. Those made between persons found guilty of the same criminal
offense, in consideration thereof; or Q: When is the insurer entitled to the payment of premium?
c. Those made to a public officer or his wife, descendants and ANS: The insurer is entitled to the payment of the premium as soon as the thing insured
ascendants, by reaso of.bia,office. is exposed to the peril insured against (INSURANCE CODE, Sec. 77).
2. Public Enemy T T 1 _T- :,,, Note: Employees of the Republic ofItAViihilippines, including its political subdivisions
Note: The Insurgance Code dou)nolepre-ssIpleibit a public enemy from and instrumentalities, and governcrierg-owned or controlled corporations may pay their
being a benefitiafy-4 (cOiiiract:of.insurarite.bwevfr,
s well-established is the insurance premiums and loan ObjigglOilS\ through salary deduction (INSURANCE
:" ;44
4 alca"pni51 be done directlycKinot bqotpe indirectly. Thus, if a
principle tlpiw CODE, Sec. 78).
public eirm 1,e-cpignatell'77§-8-ben,plicia,0 ordr to circumvent the
prohibitip<on) ystitiiting a-public enemy i-s an; iiisgi,e ' d the same is void Q: What is the rule on paymeljfof prernjum?
(DIZO , Insurance, upra at 102X , fl li \ '. ANS: As a general rule, pojneurance policy issued or renewed is valid and binding until
1 (.1 % \\ actual payment of the premium. Any Oreement to the corlfracy is void (INSURANCE
Q: Do rebels/ipsVgents fall under -the definition of "public enemy?" CODE, Sec. 77). Thiskulels commonly called the Cash and Carry Rule (DE LEON,
ANS: No, A public-enemy is citizenbrziationai:or a country Aiiii-w4iCh the Philippines Insurance, supra at 256):
is at war (AQliNQ olnsurance, supra 29).., I.
<
'1
----
'A . '
, .:,-_, I
'1
[1
,

Q: What are glaexcepAiens to the Cashand Carry Rule?

Q: May a memprrgof he MIL1 or its bre?kaway gromalithetAbLt:Slyyaf, be insured ANS: As suMMarzedlilthp.SupremeCourt; the excppflonsArpspsjollows: (LACIE)
with a compapyflibepsedc.to,:do business un the Insura9ce Code of the 1. In case ofLife or;industrial, life policy, whereSietglihi*aCe period provision
ti
Philippines? Explain. t4poc, lifi) , 'I
;\-„N,, ' ---L'''' / I
ANS: A membeNof theNILF -o 'ku,ie Apry,eSayraywayjbe insured with a company 2.
•:
f*. -7435F"../'P

Where thaiinsurer;Acknowledgehin the policy or contract of insurance itself

licensed to do business under he lit uran6rCode of the Philippines. They can be the receipt premiOrp, even if prerqiw,has not been actually paid;
insured because theNprohibition.is onfAOiris •-•'(- publicerrrnf'(INSURANCE CODE, 3. Where the insures granted the , fiSlirRIX4Crpdit term for the payment of the
Sec. 7). premium, andAiies occur,a before the term;
N 4491;4 '"---- ,, . . *\\:‘ ,,/
Note: In that regard, sudhrnerniler of p el iyiji_ ',,c.1r 5,e,Abu Sayyaf may also be a 4. Where the pqrties agreed that premium payment shall be in Installments and
beneficiary, since they are notes genera) sidered as public enemies. partial payme4ips b0en made at the time of loss; and
5. Where the insirregeiSin Estoppel (Gaisano v. Development Insurance and
Q: How is an insurance contract perfected? Surety Corporation, G.R. No. 190702, February 27, 2017, citing UCPB
ANS: Since it is consensual, an insurance contract is perfected by the meeting of the General Insurance Co., Inc. v. Masagana Telamart, Inc., G.R. No. 137172
minds of the parties with respect to the object and consideration of the contract (CIVIL (Resolution), April 4, 2001).
CODE, Art. 1319).
Q: Is credit extension allowed under the Insurance Code?
Q: Is the absence of policy fatal to the perfection of an insurance contract? ANS: Yes. A 90-day credit extension may be given under the broker and agency
ANS: No, absence of a policy does not bar the contract from coming into existence. An agreements with duly licensed intermediaries. The requisites are as follows:
insurance contract is a consensual contract. It is perfected by mere consent and no 1. The credit extension must be provided for under the broker and agency
formality is required for its perfection (AQUINO, Insurance, supra at 104). However, as agreements; and
mandated by law, the policy must be in printed form (INSURANCE CODE, Sec. 50). 2. The credit extension to a duly licensed intermediary should not exceed ninety
Note: The policy may be in electronic form subject to the pertinent provisions of Section (90) days (INSURANCE CODE, Sec. 77).
50 of R.A. No. 8792, otherwise known as the Electronic Commerce Act.
Q: What is the effect of acknowledgment of receipt of premium in a policy?
ANS: It is conclusive evidence of its payment, in so far as to make the policy binding,
notwithstanding any stipulation therein that it shall not be binding until the premium is
actually paid (INSURANCE CODE, Sec. 79). The conclusive presumption extends only
to the question as to the binding effect of the policy. As far as the payment of the

40 41
premium itself is concerned, the acknowledgment is only a prima facie evidence of the Q: Is suicide treated as a circumstance which exonerates the insurer in a life
fact of such payment (DE LEON, Insurance, supra at 259). insurance?
ANS: Yes, suicide by the insured may exonerate the insurer, unless the suicide was:
Q: Discuss the concept of reinstatement of a lapsed policy of life insurance. 1. Committed 2 years after the date of the policy's issue or its last reinstatement;
ANS: A life insurance policy which has lapsed for non-payment of premiums may be 2. Committed after a shorter period provided for in the policy; or
reinstated within three (3) years from default unless the cash surrender value has been 3. Committed in a state of insanity regardless of the date of the commission
duly paid, or the extension period has expired (INSURANCE CODE, Sec. 233(p). unless suicide is an excepted peril (INSURANCE CODE, Sec. 183).

The reinstatement of the policy is made upon production of evidence of continued The insurer is also not liable if he can show that the policy was obtained with the
insurability and upon payment of all overdue premiums and any indebtedness to the intention to commit suicide even in the absence of any suicide exclusion in the policy
company upon said policy, with interest rate not exceeding that which would have been (DE LEON, Insurance, supra at 462).
applicable to said premiums and indebtedness (INSURANCE CODE, Sec. 2330)).
Q: What is the statutory basis of an insurer's right to be subrogated to the rights
Q: Does the insured in a life insurance policy have an absolute right to of the insured?
reinstatement? ANS: If the plaintiffs property has been insured, and he has received indemnity from the
ANS: No. The stipulation in a lifeins.urance.policy giving the insured the privilege to insurance company for the injury or losserising out of wrong or breach of contract
h. insured absolute right to such
reinstate it upon written app tion doffs TilotigVet complained of, the insurance comp4enkiall be subrogated to the rights of the insured
reinstatement by the mer- ing O an aRplifietickr'surer has the right to deny the against the wrongdoer or the persorPiNthias violated the contract (CIVIL CODE, Art.
reinstatement if it is no saga' herinsu 9el-rd or if the latter does 2207).
not pay all overdue o liiu pd all other indebted‘s to the insurer (Andres v. The
Crown Life Insurance C ,RrAlei7Z-1087 antra 8, 958). The insurer is entitled to be subrogatedTr9leptorto!kny right pl action which the insured
may have against the common„cirrie6hoSe,ifeglidetteeforMeongful act caused the loss
113) n
Q: When can the ins r r rescind the contractof insyran e (F.F. Cruz and Co., Inc., v,,,CA, GR No. L-52732, AugitT9'.- , 088).
01/7'
ANS: The insurer has e rigit to rescinsi,ficile followi g justcd&es.
1. breach o m erial •terranty; Q: Discuss the Principle of Subrogation?
—e"-v
2. false rrepresentationqr:platei tt'itisre resentation ANS: Subrogation Isit6- eOubstitution ofgone person in the place of another with
3. brea h o ditiona•t subsequentil reference to a lawkieClaimAright, so thdPie who is subStitufed place to the rights
4. alterition of the other intrelationl a4 debt or Cleirn,r0cluding its remedies or'•.securities. (Sulpicio
5. conce, Lines, Inc. v. "First LsaritcVaisho Insuraae Corpofati;n,,G,!13...410440349, June 29,
2005). .•''
.
The insurer may escin the erkife ntatfm by ayerson insured by a
contract of marin insuran • e is itle bona ny material respect, or in respect of Accordingly, in subrAation, ,
any factor which t e charac er kerpnatur isk depends (INSURANCE CODE, 1. There is rblneed ofi formal assignmeqtcr an express stipulation in the policy.
Sec. /13). It is the legal 411,9c.ebf payment.;
2. The insurer On only ,r,eC:over'fi‘Oin41162t6ird-Lp;rSon what the insured could
Q: Must concealment i
elonallonr t pa he insured to entitle the have recoveredThereecen be no recovery if the insurer voluntarily paid even if
insurer to rescind? the loss is noreoprefd' by the policy.
ANS: No. Concealment whether in e tont r unintentional entitles injured party to 3. The insured can notchger recover from the offending party what was paid to
rescind a contract of insurance (INSURANCE CODE, Sec. 27). him by the insurer but he can recover any deficiency, that is, if his damages is
more than what was paid. The deficiency is not covered by the right of
An intentional and fraudulent omission on the part of one insured, to communicated subrogation.
information of matters proving or tending to prove the falsity of warranty, entitles the 4. The insurer must present the policy as evidence to determine the extent of its
insurer to rescind (INSURANCE CODE, Sec. 29). coverage (Wallen Phil. Shipping, Inc. v Prudential Guarantee assurance, Inc.
G.R. No. 152158, February 7, 2003).
Q: May an insurer cancel a life insurance policy as a matter of right?
ANS: No. The insurer only has the right to cancel a policy of insurance other than life Q: When will subrogation take place?
insurance. (INSURANCE CODE, Secs. 64-65) ANS: The following requisites must concur: (CLIP)
1. The indemnity is Covered by the face value of the policy;
Q: Will an insurer be liable for a risk caused by the own fault of the insured? 2. There is a Loss arising from the risk insured against;
ANS: No. As a general rule, an insurer is not liable for a loss caused by the willful act or 3. The insured received Indemnity from the insurer for the loss; and
through connivance of the insured. He is not exonerated however, by the negligence of 4. The insurance involved is Property insurance (AQUINO, Insurance, supra at
the insured, or of the insurance agents, or others (INSURANCE CODE, Sec. 89); 205).
Q: Give examples of cases when the insurer will not have right of subrogation 3. Within sixty (60) days from presentation of the claim and filing of the proof of
despite payment to the insured. the death of the insured in case the policy matures upon the death of the
insured. (INSURANCE CODE, Sec. 248).
ANS: Some examples of situations where no right to subrogation arises are:
1. Where the insurer pays the insured for a loss or risk not covered by the policy
(Sveriges Angfartygs Assurans Forening vs Qua Chee Gan, G.R. NO. L- Q: When must a just claim on a non-life insurance policy be paid?
ANS: A just claim on a non-life insurance policy must be paid within the following
22146, September 5, 1967); periods:
2. When the insured by his own act releases the wrongdoer/third person liable for
1. Thirty (30) days after proof of loss is received by the insurer and ascertainment
the loss (Pan Malayan Insurance Corporation v. CA, G.R. NO. 81026, April 3, of the loss or damage is made either by agreement between the insured and
1990); the insurer or by arbitration;
3. When life insurance is involved (CIVIL CODE, Art. 2207); 2. Ninety (90) days after receipt of the proof of loss if no such ascertainment of
4. For recovery of loss in excess of insurance coverage (id.)
Where the insurer pays the insured the value of the lost goods without loss is made within sixty (60) days after the receipt of such proof
5. (INSURANCE CODE, Sec. 249).
notifying the carrier who has in good faith settled the insured's claim for loss
(AQUINO, Insurance, supra at 206); Q: When does the duty of the insurer to return premiums arise?
Note: The insurer who may have no rights of subrogation due to voluntary" payment ANS: An insurer must return premiums paid when:
may nevertheless recover from the JhgsWady.repkonsible for the damage to the insured
1. No part of the interest of theAinspred in the thing insured is exposed to any of
property under Article 1236 ojtheCivil Cod (i .).flie,ticapacity of the insured will not the perils insured againstWA
affect the capacity of thviiiffrogkbec "us c Cityls:"'ersonal to the holder (Lorenzo
), 2. The insurance is made fojAd0116110 period of time and the insured surrenders
Shipping v Chubb and Song7G13. N00.147.742 Jain 8, his policy, with respect t;esii*p.giAlion of the premium as corresponds with the
unexpired time, at pro r0tarrotolun10sp,a short period rate has been agreed
Obligations of the. ns‘ted t
Ths•,, upon and appears opi.;the tidCetaleiPagyhzgftmleducting from the whole
Ar.,"‘.., --Ir
Q: What ar.e thepbftg5tions of the titure
JAA
urger theicontr
1,
t-of ivsurance? premium any claim;or loss OiA10mage under-th.020,Olicy which has previously
- , contract f I, surance: accrued (INVANCE CODE_, qr. 80).
ANS: The insurpr has th e following
' o `ligajtoLeulider the
1. Duty tokacce 1 the c tracts:414i. tacco; 1 Note: An insurer shallilipm ratablefotatri of premium tote) insured in cases of over
2. Duty o ddliver the ppicyjo-the, lured:4,9,m *cepta insurance by several inSarers,other than Ii e (INSURANCE/CODE) Sec. 83).
3. Duty o pro ptly p4the160: t*olicyi
_p0fltd Lt
4. Duty o.rd rem' s paid-iQLilderipertain co ditons Rights of the InSated N
.-......„4 ..k
fr-,004 Q: What areppright*-.4fiffke insured in an insurarfeTczlicirih74 e,
s ‘neV, jaw foriff,ie
Q: Why is acceptalip i e sontrcift
Afi ANS: The insured has trefalowinPights ?der an insifaiteelfo81100/
ANS: -'A contract of inkiran efp all of tits( must be assented to by both 1. Right to,te deljytr
/ song al an application for of the pplicyq
heii
parties, either in personor t `ytt,,., age d 2. Right to reinstatement of lapsed klicy upon proper application;
insurance has not een either ac ep -1 1_ ed, erely a proposal or an offer to
3. Right to prevent fortOlture of a life nsuronce policy;
make a contract (Petcz Cciti l 329, Ja uary 28, 2000).
4. Right to rece10,r,efilad of .premiatie?m,
5. Right to change belielCIOhideSiglik0dlifftfie policy;
`there is a clay in a cepjahce?
Q: What is the effect in case- 6. Right to aban'enmentAnd
case-there is only an offer to enter
ANS: No. An insurance contraCtil. not p vffected In-0-- 7. Right to recovetaarngbes in case of delay in payment of proceeds.
into an insurance contract in the fo' . o a surance application; mere delay by the
insurer, although unreasonable, in acting upon the application raises no implication of Q: Why is the delivery of the policy important?
acceptance (AQUINO, Insurance, supra at 20-21). ANS: It is evidence of the making of the contract and of its terms and as communication
Note: Delay in acceptance however may subject the insurer to tort liability under Articles of the insurer's acceptance of the insured's offer. Also, the delivery may affect the term
19 and 21 of the Civil Code for abuse of right or acting in a manner that is contrary to of the coverage (DE LEON, Insurance, supra at 179).
morals and good customs based on the peculiar circumstances of each case (Id.). Note: Whether or not the policy was delivered after its issuance, depends not upon its
manual possession by the insured but rather upon the intention of the parties which may
Q: What is the liability of an insurer for delay in payment of a claim? be shown by their acts or words (DE LEON, Insurance, supra at 187).
ANS: The Insurer shall be liable for refusal or failure to pay the interest twice ceiling the
within the time prescribed by the Monetary Board, unless such failure or refusal to pay is Q: What are the effects of delivery of policy?
based on the ground that the claim is fraudulent (INSURANCE CODE, Sec. 248 and ANS: It would depend on the following circumstances:
249). 1. Where delivery is conditional - non-performance of the condition precedent
prevents the contract from taking effect (Argente v. West Coast Life Ins. Co.,
Q: When must a just claim on a life insurance contract be paid? G.R. No. L-24899, March 19, 1928).
ANS: A just claim on a life insurance contract must be paid in the following periods: 2. Where delivery is unconditional - it ordinarily consummates the contract and
1. Immediately upon maturity; the policy as delivered becomes the final contract between the parties (44
2. As installments or annuities become due, in case proceeds are made payable C.J.S. 1069).
by installments or as annuities under the policy; 3. Where premium still unpaid after unconditional delivery - the policy will lapse if
the premium is not paid, at the time and in the manner specified in the policy.

44 45
 The insurer cannot be presumed to have extended the credit in the absence of Q: When can the insured receive whole or pro rata refund of premiums paid?
any clear agreement granting credit extension (Phil. Phoenix Surety and ANS: The insured is entitled to:
Insurance Co., Inc v. Woodworks, Inc., G.R. No. L-25317, August 6, 1979). 1. Whole (NV-VDR)
a. If the thing insured was Never exposed to the risks insured against
Q: When may the insured demand the reinstatement of a lapse life insurance (INSURANCE CODE, Sec. 80);
policy? b. If contract is Voidable due to fraud or misrepresentation of the insurer
ANS: The insured shall have the right to have the policy reinstated at any time within 3 or his agents (INSURANCE CODE, Sec. 82);
years from the date of default of premium payment provided that: c. If contract is Voidable because of the existence of facts of which the
1. The insured produces of evidence of continued insurability insured was ignorant without his fault (INSURANCE CODE, Sec. 82);
2. The insured pays all overdue premiums and any indebtedness to the company d. When by any Default of the insured other than actual fraud, the insurer
upon said policy, with interest rate not exceeding that which would have been never incurred liability (INSURANCE CODE, Sec. 82); and
applicable to said premiums and indebtedness (INSURANCE CODE, Sec. e. When Rescission is granted due to the insurer's breach of contract
233(j)). (INSURANCE CODE, Sec. 74).
Note: However, no right to reinstatement shall exist when the cash surrender value has 2. Pro rata (DODS)
been duly paid, or the extension period has expired (id.). a. When the insurance is for a Definite period and the insured surrenders
his policy before the termirtion thereof;
Q. What are the devices us_edoto preve ,, ntlthe fo biture of a life insurance after the b. Except: 41Py
payment of the first premium? . .
i. If policy isirnale4or
e a definite period of time;
ANS: The devices are the yi.ri g.„(GRACE.,R) i 1,.>• ii. A short ptoglra:ttikpgreed upon;
Grace period a er,f erTayment of the first,p emitini t h e insured is entitled to iii. It involvesla ilf05140)-ance policy
a grace pro of6 dos-withiliWithlo.pehAcce_welng premiums. c. When there is Over insurance
2. Reinsta e ent 7itheiholderlo f thtpolioy shall beiRtieb t9 a reinstatement of d. In case of onpinsuNtctN.Datiblaifrtsurapce, the insurer is not liable
the copract f 5ny fine within 3');yearfrom t‘ e datejof default in the payment for the total ofthA insurance taken,As liability being limited to
of premium,
p unless he cash stirinder value has byeaqhfaicl or the extension the property insured..4eAce, the insurer is not e,rititled to that portion of
period eIpired, upo prp•uc iorrip evi•ence pf insurab bay, satisfactory to the the pretiiirn corresponding to the excess of the insurance over the
compah- rantl the p ymeatif)alliiiiwelrelpreiniums nd ar indebtedness to insurable i 1 i1,,
t
' 7piant upon said poil'c li._
the co -11HT.,
L 7,.
.)--,i3 - , iiitecesf
,,--- of the insured;
&
in Several insurers
ii e. Irricase
,-- oftver-insurance Joy r:,,4 th6iinsured is entitled to
3. Automatic49anekbse - a sfipthatipn in the %lily pripviding (that upon default p. -,
„,e'a ratable .return of tfie, premium, propostioneO to tile amount by which
in pgYmeptlagf preps t eplarre Oa l ria)d from.ttie' loan value of the fie a6gregate sum insured in all ttepplicie telex9egds the insurable
policy‘intillAt valte k ,eneogiedy__#s 9 asefthe pol cy is continued in i
0 value oftiithingcrisk ClysURANC4074*005.
force a fully .aid e epti elZas ithbi, kg/114e, remi4nns had been paid by the Note: A person ligsgell3stnot entitled to 'ereturn of prefilWiethe policy is annulled,
insuree om funds de roTn,othelcotikees. rescinded or if a clairnrieclerired by reesorVbf fraud (INSURANCE CODE, Sec. 82(2)).
4. Cash Su render Ng? ,,there opiAle...jpsu„ re agreesp pay to the hoider of
Tie policy ifth e surrender dleesqD s ieala up,pn - it. Q: When may the polilqy owner change bbVnbbstRry designated in his policy?
%, ANS: The designationalebeneficipetiallire*VOcableTunless otherwise provided in
5. Extended InsyLark in yhere..the,,,ins ralice) , wally contracted for is
continued for sSScbi period as the a ' o n avjajla le therefore will pay when the policy. Thus, the ptlicy
rAt owne'iVmay change the designation without the consent of
such is terminated. ntebch ca6e the ms will be for the same amount such beneficiary. Howevirl,whe'n‘the right to change is expressly waived, that is—when
as the original policy but fiii'a=patiefd shorter than the period in the original the beneficiary is designate:Of& irrevocable—the consent of the beneficiary shall be
contract. necessary (INSURANCE CODE, Sec. 11).
6. Paid Up Insurance - no more payments are required, and consist of insurance
However, in a subsequent marriage declared void by the recording of an affidavit of
for life in such an amount, as the sum available therefore, considered as a
reappearance, the innocent spouse may revoke the designation of the subsequent
single and final premium. It results to a reduction of the original amount of
spouse as beneficiary, if such subsequent spouse acted in bad faith, even if such
insurance, but for the same period originally stipulated (PEREZ, Reviewer on designation be stipulated as irrevocable (FAMILY CODE, Art. 43, par. (4)).
Insurance, Insolvency and Code of Commerce (2000)) [hereinafter, PEREZ, Note: After the finality of the decree of legal separation, the innocent spouse may
Reviewer].
revoke the designation of the offending spouse as beneficiary in any insurance policy,
Note: The purpose of these devices is to prevent the insured from losing the entire even if such designation be stipulated as irrevocable (FAMILY CODE, Art. 64).
amount alrqady paid to the insurer in life insurance by reason of insured's inability to pay
the succeeding premiums (PEREZ, The Insurance Code, (2014), p. 161) [hereinafter, Q: What is Abandonment?
PEREZ, Insurance]. ANS: Abandonment is the act of the insured by which, after a constructive total loss, he
declares the relinquishment to the insurer of his interest in the thing insured
(INSURANCE CODE, Sec. 140).
Note: In case of constructive total loss, the insured may:
1. Abandon goods or vessel to the insurer and claim for whole insured value
(INSURANCE CODE, Sec. 141); or
2. Without abandoning vessel, claim for actual loss (INSURANCE CODE, Sec.
157).
46 47
Q: What damages may the insured recover in case of delay in payment of Note: A breach of a condition subsequent may not be considered as a ground for
insurance proceeds? rescission. All those condition in the policy-making requirements of the insured after the
ANS: In case of an unreasonable delay/denial in the payment of the insured's claim by loss are intended merely for evidentiary purposes and do not form any of the conditions
the insurer. The Insured can recover the following damages: of liability (DE LEON, Insurance, supra at 298). However, sections 74 and 75 allow the
1. Interest at double the legal interest fixed by the monetary board
(INSURANCE party to rescind or to avoid the policy only in case of a material breach. Breach of an
CODE, Sec. 248); immaterial provision does not avoid the policy (AQUINO, Insurance, supra at 163).
2. Attorney's fees;
3. Amount of claim; and Q: When must the insurer exercise the right to rescind the contract in a non-life
4. Expenses incurred by reason of the unreasonable withholdings (INSURANCE policy?
CODE, Sec. 250). ANS: The insurer must exercise the right to rescind the contract before the
commencement of an action on the contract (INSURANCE CODE, Sec. 77).
Rights and Obligations of the Beneficiary Note: A defense to an action to recover insurance that- the policy was obtained through
false representation, fraud, and deceit is not in the nature of an action to rescind and
Q: What are the rights of the beneficiary under a contract of insurance? therefore not barred by the provision (Tan Chay Heng v. West Coast Life, G.R. No. L-
ANS: The beneficiary of a contract of insurance has the following rights. 27541, November 21, 1927).
1. Right to receive the proceeds of the insurance policy
2. Right not to be deprivesiotheMblits•-‘o the policy in case of a irrevocable Concealment
pU
beneficiary (//VS eRA/ryg CODE, ek/1).„
Q: What is concealment?
a. An irrev ,able Ike . eficiaq has a/ ri ht o coVinue the policy by paying , 4 •

the pp-miaSnsjthat4are rinnlieti ure dfuses, payment; ANS: It is the neglect to convpurAtcet?Vat which a party knows and ought to
annas , sig ILL -ie Nfi , designation of the
'e,. communicate (INSURANCE CODEABOA6). A concealment whether intentional or
b. TherA
be , e iciary has a vested unintentional entitles the injured ,partAibre-Sdra%contracabflinsurance
bd'
nefici is, irf6Tocabte Theirrevoca (INSURANCE
e CODE, Sec. 27).
I
C. psurer cannot rT,V-1) e the esig a lorr-4 an irrevocable
eftpiary JO theriF•O'gent..of_suc benefic156,1except where the Q: When is there conceal ent?
ciary i t theq,p ii t.).se-. n itsuranopewrid by the innocent
'Ity ,s lk ANS: There is conceatert hen. the'folloeing are presentNNAA)
e uport final f Ian-nu Ment •f marnamr legal separation 1. A party know a material fact whiC he Neglectslo communicate or disclose to
Ay,--
Ly E, A the ogler-party;
2. Suctirp,trty conOealing Dut‘pboqAd to discloz7;q::Lt4,47,,t,
he other party;
Q: What may ou sufanceq?J 3. Sularty3co-V4Iipg makes NOIWarranty th-e-latTainetialed; and
E.751
4. The o her p9,,rtylhas no means omscertaining.:- .thelactticoncealed
the death of the insured. (Florendino
ANS: The ben ciary
The interest of benef ciary n 4lif e ficy all be forfeited when the v. Philarrr•PlahsAc•,G •R •No• 1`8fi9
• 983,
February 22, 2012).
e,As.
beneficiary is the principal, ccorppl?St1 .ce in bri ging about the death t44
NC G421. 0 Qpplie Q: What is the TesebtMatefiality?
of the insured (INS
., lopass it the other beneficiaries, ANS: Materiality is determined i3,76
,,,, tprolely by the probable and
Note: In such a cas thOpresfort 1
-
unless otherwise disqua ifod.11 p. absence of belie manes, the proceeds shall reasonable influence dpihe facts4pon the party to Wm hO the communication is due, in
be paid in accordance with IpolicyYptik tilc epolicy contract is silent, the forming his estimate dattle advantages of the proposed contract, or in making his
inquiries (INSURANCE `GORE; 31). It is sufficient if the knowledge of it would
proceeds shall be paid to the es ate.ottivjgamcls(
influence the parties in making the contract (DE LEON, Insurance, supra at 147).
D. RESCISSION OF INSURANCE CONTR4CT
Q: What are the matters that need not be disclosed?
Q: What are the grounds for rescission of an insurance contract?
ANS: Except in answer to inquiries of the other, parties to a contract of insurance is not
ANS: The grounds are the following:(PCo-FM-IPO-C2W) bound to communicate information of the following matters:(OWKE2)
1. Non-payment of Premium; 1. Those which, in the exercise of ordinary care, the other Ought to know and of
2. Conviction of a crime arising out of acts increasing the hazard insured against; which, the former has no reason to suppose him ignorant;
3. Discovery of Fraud or material Misrepresentation; 2. Those of which the other Waives the communication;
4. Discovery of willful or reckless acts or omissions Increasing the hazard insured 3. Those which the other already Knows;
against; 4. Those which prove or tend to prove the existence of a risk Excluded by a
5. Physical changes in the property insured which result in the property becoming warranty, and which are not otherwise material; and
uninsurable; 5. Those which relate to a risk Excepted from the policy and which are not
6. Discovery of Other insurance coverage that makes the total insurance in otherwise material (INSURANCE CODE, Sec. 30).
excess of the property insured; Note: Neither party is bound to communicate, even upon inquiry, information of his own
7. Determination by the Commissioner that the continuation of the policy would judgment (INSURANCE CODE, Sec. 35).
violate or would place the insurer in violation of this Code (INSURANCE
CODE, Sec. 64);
8. When there is Concealment (INSURANCE CODE, Sec. 27)
9. There is a breach of material Warranty (INSURANCE CODE, Sec. 74).
48 49
Q: What are the matters that must be disclosed even in the absence of inquiry? In the same way, representations may still be altered or withdrawn before the effectivity
ANS: The matters to be disclosed despite the absence of an inquiry are: (NoMaD) of the policy but not afterwards. Once the policy goes into effect, representations made
1. Those which the other has No means of ascertaining (INSURANCE CODE, bind the insured and may be used against him if the same amounts to
Secs. 30, 32, and 33); misrepresentations (Id.).
2. Those Material to the contract (INSURANCE CODE, Secs. 31, 34, 35); and
3. Those as to which the party with the Duty to communicate makes no warranty Q: What are the effects of misrepresentation?
(INSURANCE CODE, Secs. 67-76). ANS: The effects are the following: (RWaN)
1 The injured party is entitled to Rescind the contract from the time when the
Q: What are the rules on concealment? representation becomes false (INSURANCE CODE, Sec. 45).
ANS: The rules are the following: 2. When the insurer accepted the payment of premium with the knowledge of the
1. If there is concealment under Sec. 27, the remedy of the insurer is rescission ground for rescission, there is a Waiver of such right.
(INSURANCE CODE, Sec. 29); 3. There is no waiver of the right of rescission if the insurer had No knowledge of
2. The party claiming the existence of concealment must prove that there was the ground therefore at the time of acceptance of premium payment (Stokes v.
knowledge of the fact concealed on the part of the party charged with Malayan Insurance Co., Inc., G.R. No. L-34768, February 24, 1984).
concealment (DIZON, Insurance, supra at 177);
3. Good faith is not a defense in concealment. Concealment, whether intentional Q: What are the instances in which thejnjured party cannot rescind the policy on
or unintentional entitlesAhe injured pa t rescind the contract of insurance the ground of false representatiopolf
4
(INSURANCE CODE, Sec. 274. , i. ANS: Based on Section 48 and secpAd,:sehtence of Section 45 the injured party cannot
4. cause
The matter co ceala Weed no e the loss (AQUINO, Insurance,
dausety\ rescind the policy on the ground qyalsaltai)rasentation in the following cases:
supra at 129 1. When there is waiver;
5. To be gulf cifnoncea ent7a-party musVkaCe knowledge of the fact 2. When an action has alreadyil:ken icommenced on tht contract; and
policy (DIZ N, Insurance, supra
concealed...a the ime of the effectivity orfh') 3. When the incontestable'ClatiWb011aP(A(7/N0,4iiturance, supra at 158).
at 177)/afr N' r
6. Failure to co muni •ate informatiA acquired after the effectivity of the policy Breach of Warranties rf ‘,
will n tb round o-rescind-threbntract-(0 ZON, r yzee, supra at 187). 41 "

‘,<LT-,/-,
- - , ,III,---Pp,;V Q: What is a warranty 4,
Misrepresentation/CJmissions il '_:1,1cli
‘, ANS: A warranty 4.3'a•-stateOnt or pronse set forth in the policy, or by reference
11 .,oe A ,-;,......b.-
; incorporated thesaih, the u?itn.ith. or non-fulfillment of whiCh int any'.respect, and without
Q: What is represqtatio _,-- reference toabether,the insurer was inlfact prejudiced by such untruth or non-
ANS: RepreseViplrFis a\sl'a e entVle I? ,the itiawediat e.ttzte of, or prior to, the
fulfillment, recillers-tha policy voidable by the inVTetg(PrliderltiarGuarantee and
issuance of theOle kINS CE glap.Al cpas ton exist ng or past fact or
,) . ya1 -,,,•." if 4... , i .' Assurance, /ncli y. Trans Asia Shippilt Lines, G.R. No.'415I89d,UM;420, 2006).
fu re, ap ening, \giye infp mation to the insurer and
state of facts, okconcerRing e
otherwise inducelrAo e ter in e‘i,n'E fract DE LEO. , Insurance, supra
Q: What are the kirillS'of warranty?
at 155). ANS: The kinds of warcantiere the folloM
Q: What are the kir44,f rrj3resenta ions 1. Express - on€.fliaffig' stat951A.twAjoeqbylqtits attachments;
N
ANS: The kinds of represeptaliE9 pre the fo loviNfORO 2. Implied - a natural elementof the contract imposed by law and are part of the
1. Affirmative - invoies st4teme cia#irrnin grocupporting facts existing at the policy without the need that it be stated in the policy;
time the contract is ma e MCI d,,Insunce, supra at 154); 3. Affirmative - aritatfgation of fact that exist at the time they are made, an
2. Promissory - pertains to statements made by the insured concerning what is undertaking that some positive allegation of fact is true; and
to happen at some material time after the statement is made (Id.); and 4. Promissory - where one party is bound by the executory stipulation (AQUINO,
3. Oral or Written (INSURANCE CODE, Sec. 36). Insurance, supra at 160-161).

Q: When is there misrepresentation? Q: What are the ways of making an express warranty, part of the insurance
ANS: There is misrepresentation when the insured makes erroneous statements of contract?
facts with the intent of inducing the insurer to enter into the insurance contract. The ANS: In order for an express warranty to be deemed part of the insurance contract it
following are the requisites: (UKM) must be:
1. The insured stated a fact which is Untrue; 1. Contained in the policy itself; or
2. Such fact was stated with Knowledge that it is untrue and with intent to 2. In another instrument signed by the insured and referred to in the policy as
deceive or which he states positively as true without knowing it to be true and making a part of it (INSURANCE CODE, Sec. 70).
which has a tendency to mislead; and
3. Such fact in either case is Material to the risk (43 Am. Jur. 2d 1019). Q: What is a material warranty? Give 3 examples of a violation of the same.
ANS: A material warranty is a warranty that goes into the effectivity of the policy or the
Q: When and how misrepresentation is made? consent of the insurer. Hence, every warranty is conclusively presumed to be material.
ANS: Misrepresentation may be oral or written the date of the effectivity of the policy is (DE LEON, Insurance, supra at 239). Breach of a material warranty has the effect of
material. Only misrepresentations made before the effectivity of the policy renders the
giving the other party the right to rescind the contract of insurance (INSURANCE CODE,
contract defective. In other words, misrepresentations made after the policy has become Sec. 74).
effective have no bearing (AQUINO, Insurance, supra at 154).
50 51
 Note: The right of to terminate the contractual relations exists even though the violation Q: What are the purposes of notice and proof of loss?
was not the direct cause of the loss (K.S. Young v. The Midland Textile Insurance ANS: The purposes are the following: (DDC)
Company, GR No. L-9370, March 31, 1915). 1. To give the insurer information by which he may Determine the extent of his
liability;
Examples of material violations are: 2. To afford the insurer a means of Detecting any fraud that may have been
1. Failure to disclose the taking of other insurances (Union Manufacturing Co., practiced upon him; and
Inc. v. Phil. Guaranty, Inc., GR No. L-27932, October 30, 1972), 3. To operate as a Check upon extravagant claims (DE LEON, Insurance, supra
2. Breaching the prohibition on the transfer of insured property (Malayan at 293).
Insurance Company v. PAP Co., Ltd., GR No. 200784, August 7, 2013),
3. The safekeeping of hazardous materials (Kyte v. Commercial Union Q: When the policy provides that "immediate notice" is required, what does it
Assurance Co., 149 Mass., 116, 122). mean?
ANS: It is construed to mean "only within reasonable time" (E.M. Bachrach v. British
Q: What are the effects of breach of warranty? American Assurance Co., G.R. No. L-5715, December 20, 1910).
ANS: Violation of a material warranty, or of a material provision of a policy, on the part
of either party, entitles the other to rescind the contract (INSURANCE CODE,' Sec. 74), Q: What is the kind of proof of loss required by law to be presented in case such
except when: is required by a policy?
1. Loss occurs beforet om. ethme fo th p a ce of the warranty; ANS: All that the law requires is foLtheiTured to give the best evidence which he has
2. The performanc of itLe war an 'es` lawful at the place of the in his power to submit at that time(;4G9iNg Insurance, supra at 186).
contract; or
3. The perfor,
,,co* ----''''A*, 1,
e warranty becomes imposgibe (INSURANCE CODE, Claims Settlement
Sec. 73). Q: When must a just claim on athfer§,upAqekspiltript bpaid?
7 yl-0 ANS: A just claim on a life jpeugncebtintkct must brpahtthe iiiii following periods:
Breach of Immaterial arranty, on the other. hn a d will of alic the *olicy, except when 1. Immediately 1.4)41nmaturity;
the policy expressly hrovidps or declares that a violet° ' thereof will avoid it 2. As installmegts or annuities%fipqne due, in case,proceeds are made payable
(INSURANCE Zb-DE, jSec. 7 ti by installmenteoea rider the policy;
, s annuities under
ee....,/ . ,,,,,,r-
.„
, 3. Within sixtyl.(60)dlys from press teflon of the plairg arid filing of the proof of
E. LOSS -:rat
i'll f - 1 n.
''''V"--.7
'1 the 060-of theVirfSured ivaseithe policy matures upon the death of the
Notice and Proof m4 oss insured
r.,..:IP
(INSURANCE CODE; egg 248).
Q: What is los )
• '' 'IlAh V"t.„..„, Pal
Q: When mus justAglettrijpn a,notlifeAsurance polidtbe,,paid?
,e7

ANS: In life insurance, it m Aiyda age sustains by the insured in ANS: A just clermfpn.-anO-life in policy must be paid within the following
lot5cp e a,cidents o misfortune against _.
consequence of 1‘ happening
Vpif,11? recrliu , ha undertAen to indemnify the
which the insurer, 'n consideratig.,),
periods: '4 A , 11 1
1. Thirty (30) days ale roof of losprliVed by the insurer and ascertainment
insured (Bonifacio B s., Inc-v. ors,`(- 8 3, May,..29,,,1967). of the loss or*enna.ge is rnadexeltliWiMement between the insured and
1 _,Ch j5ent consisting of the total cash
the insurer oit''. arbitration's
ti'
In property insurance, loss\Teansithe pecurii 2. Ninety (90) da*„kafte"eceipt of the proof of loss if no such ascertainment of
value of the property in case-Mtiul losalthe tion of the value thereof in case of loss . is made" sixty (60) days after the receipt of such proof
partial loss. In life insurance, loss en the person insured dies. In health (INSURANCE CODE, Sec. 249).
insurance, loss occurs in case of injury to or disability of the insured (AQUINO,
Insurance, supra at 177-178). Q: What constitutes unfair claim settlement practices?
Note: In both cases, the loss must have been caused by the peril insured against or is ANS: Any of the following acts by an insurance company, if committed without just
otherwise covered by the insurance policy (AQUINO, Insurance, supra at 178). cause and performed with such frequency as to indicate a general business practice,
shall constitute unfair claim settlement practices: (FaCISS)
Q: When is notice of loss and proof of loss required? 1. Knowingly misrepresenting to claimants pertinent Facts or policy provisions
ANS: Notice and proof of loss is generally not required, unless the parties agree on relating to coverage at issue;
stipulation in the policy that notice should be given within a certain period from the time 2. Failing to acknowledge with reasonable promptness pertinent Communications
of the loss (AQUINO, Insurance, supra at 184-185). However, with respect to fire with respect to claims arising under its policies;
insurance, notice of loss is mandatory because failure to give such will defeat the right 3. Failing to adopt and implement reasonable standards for the prompt
of the insured to recover (INSURANCE CODE, Sec. 90). Investigation of claims arising under its policies;
4. Not attempting in good faith to effectuate prompt, fair and equitable Settlement
of claims submitted in which liability has become reasonably clear; or
5. Compelling policyholders to institute Suits to recover amounts due under its
policies by offering without justifiable reason substantially less than the
amounts ultimately recovered in suits brought by them (INSURANCE CODE,
Sec. 247(a)).

52 53
Note: If it is found, after notice and an opportunity to be heard, that an insurance reconsideration (Sun Life Office, Ltd. v. Court of Appeals, G.R. No. 89741,
company has committed any of the foregoing, each instance of non-compliance may be March 13, 1991).
treated as a separate violation and shall be considered sufficient cause for the 3. If there is no stipulation or the stipulation is void, the insured may bring the
suspension or revocation of the company's certificate of authority (INSURANCE CODE, action within 10 years in case the contract is written (CIVIL CODE, Art. 1144).
Sec. 247(c)). 4. A suit for damages, either with the proper court or with the Insurance
Commissioner, should be filed within one (1) year from the date of the denial
Q: What is the penalty for the unjustified refusal of an insurance company to of the claim by the insurer; otherwise, claimant's right of action shall prescribe
settle claims? (INSURANCE CODE, Sec. 397).
ANS: In addition to the administrative sanctions provided elsewhere in the Insurance 5. In CMVLI, the written notice of claim must be filed within 6 months from the
Code, the Insurance Commissioner is authorized, at his discretion, to impose the date of the accident; otherwise, the claim is deemed waived even if the same
following: is brought within one year from its rejection (Vda. De Gabriel v. CA, G.R. No.
1. Fine not less than Five thousand pesos (P5,000.00) and not more than Two 103883, November 14, 1996).
hundred thousand pesos (P200,000.00); and
2. Suspension, or after due hearing, removal of directors and/or officers and/or
agents (INSURANCE CODE, Sec. 438). N§PORTAT,1 0 N . LAW
Q: To whom will the Insure co"o
nliirssfeiner.,impose the penalty mentioned
above? A. COMMON CARRIERS
ANS: The Insurance/Commsioner'impose the anction upon insurance Concept of Common Carriage
companies, their dir 6ors a Kr o icers an o gepts ( SURANCE CODE, Sec.
438). Q: What is a common carrier?
ANS: Common carriers are perseriscOrpcirationsfirrns or associations engaged in the
Q: When will the insured or any peg crimi al Ilan' ring settlement of business of carrying or transporting passiggers or goods or4:ipth, by land, water, or air,
claims? for compensation, offeri9Mtheir services taithe public (CIVIL CODE, Art. 1732).
, r!;
ANS: When the. insure :
1. Prese is or uses to beereserpcLany,frau ulent clgaim"fartthe payment of a Q: What are the testsiedetermining
--tx>
wirther one is a common carrier or not?
loss Onder contract of insdraficei ANS: The court mayese tifollowing esVt determine if ipersori.is a common carrier:
2. Fraudu e t prepare, makes;zusubscribes arty g with intent to present 1. Part of :General. Business .Testf(Asia Lighterage and Shipping, Inc. v. CA,
or use, the same,Alo-allow-e-rri5e-presentetPh sip o of any such claim NoV47246, Augast141 2003). t'
(iNsumvgbco Sec. 25 ). 2:9 2. Public'Reoresentation Test (National Steel'Cp OCitttaf'Appeals, G.R. No.
112287, Decembe12,19979.
Q: What is the lienalty Nr thepre egetkon.,9V aitO lenticlaims)
ANS: Any person ho violates t Iltivpu Me6113,,Ne ifine nojlexceeding twice the ldlest ofecommon cirtier of goods js as follows: (EK-MeH)
ALT. ANS: The 4-fo1
amount claimed o imprisoned CFeam-c6,, dth at the discretion of the court 1. He must be Engaged in the busineSprearrying goods for others as a public
(INSURANCE COD ec. employment,4 7aneMus1,41,910.1016;i6iIgkgh ready to engage in the
" transportatioqiii;f goodsfi;0Or persons generally as a business and not as a
Prescription ofActions casual occupation; 4,! 4
1
.4\
Q: What is the exception to the general-rule4that there is no prescriptive period 2. He must undaltakeizio carry goods of the Kind to which his business is
provided under the Insurance Code for the filing of a complaint for the recovery of confined;
the proceeds? 3. He must undertake to carry by the Method by which his business is conducted
ANS: There is a 1-year period rule in the case of Compulsory Third-Party Liability and over his established roads; and
Insurance (INSURANCE CODE, Sec. 397). 4. The transportation must be for Hire (First Philippine Industrial Corp. v. CA,
G.R. No. 125948, December 29, 1998).
Q: May the parties stipulate a prescriptive period in the policy?
ANS: Yes, provided that such period should not be less than 1 year from the time when Q: What is the "Part of General Business Test?
the cause of action accrues. Otherwise, such stipulation is void (INSURANCE CODE, ANS: The "Part of the General Business" asks the question "Is the carriage of persons
Sec 63). or cargo an isolated undertaking or singular transaction or is it part of the general
business of the carrier?"
Q: What are the rules on prescription of action to claim on an insurance policy? 1. The test is based on the first part of Article 1732 which provides that "common
ANS: The rules are the following: carriers are persons engaged in the business of carrying or transporting
1. The stipulated prescriptive period shall begin to run from the date of the passengers or goods, or both, by land, water, or air, for compensation, offering
insurer's rejection of the claim filed by the insured or beneficiary and not from their services to the public" (CIVIL CODE, Art. 1732).
the time of the loss (DIZON, Insurance, supra at 370). 2. The test is whether the given undertaking is a part of the business engaged in
2. In case the claim was denied by the insurer but the insured filed a petition for by the carrier which he has held out to the general public as his occupation
reconsideration, the prescriptive period should be counted from the date the rather than the quantity or extent of the business transacted (Asia Lighterage
claim was denied at the first instance and not from the denial of the and Shipping, Inc. v. CA, et.aI., supra).

54 55
 a. Common carriage is not determined by the quantity or extent of the
business actually transacted. Even a "one-time" transaction may be
deemed to be a contract of common carriage if entered into by a
person engaged in the business of common carriage (Sps. Fabre v. Q: What are the ctistinctiont bohNeen a common carrier and a pritfate carrforl
Court of Appeals, G.R. No. 111127, July 26, 1996). ANS A cOmMon center's distingUIShett from epriVale canter as rcillows:
b. The number and character of the conveyances used in the activity does
not make a carrier a common carrier. Even if a person makes several Common Carrier Private Carrier
or regular conveyances of persons or cargo, he does not become ipso
facto a common carrier if he is not in the business of common carriage As to Governing Law
(FGU Insurance Corp. v. G.P. _SarmientO Trucking Corp, G.R. No.
Law on.commoitcarrieM. Lew on obtlEtattens arldearilfact
141910, August 6, 2002).
3 If the undertaking, is a single transaction and not a part of the general business As to State Regulation
or occupation engaged in, as advertised and held out to the general public, the
individual or the entity rendering such service is a private carrier (Id.). &Alec! to StOte te-gotegart. Not-Subject to 5.1atemijuletion.
4. The question must be determinecVby the character of the business actually
7-As to Availablfity
carried on by the carrier,ggl.by.sanyret intention or mental reservation it
may entertain or aset%hen -oh ged -1l1,41, duties and obligations that the Holdt himself out, tor all
law imposes (S ,oZses ereli S e, G.R. No. 157917, August peapialndisciiininata
ty,
29, 2012).
• As to*Diliggpcp...
Q: What is the "Ptiblick§elgressetatibn est"
ettperson hold himself 0-xtre.etdirtary'diliget0, taihotofe (amity,
ANS: The "Publi 1:2e Fes nta ion Tee a's/ZS t ques ron
out to the general publi as undertaking tor ngage in t e activity of 'carrying persons or -:.Aiio'Rtestiittptietii•olltagqitt ncc iri•Eir.eail • -
cargo as a business or ccup tion? . (
1. The ps'r,-is- ased e secol pa o rticle 1 Bich provides that Breath of contreCt,gfirOA n 141 or riAgligence
,-,-._ II ..,,,.,..., it re •
"Co1m5rt-Arriers
3 rspnR euNed in the liusines? of carrying or IY.431 fault
As+i tgalUrY4410.,
trans ojpgi passengers to- ti'8ds.---rior both, by land4pter, or air, for of negligence.
com ertstati it, ofigno theirs mice to the piRle-2 (CA/IL copE, Art. 1732).
2. Genetqlyrg vatic*tiage isan !al egVeenidnt and the carrier • • .• .ii.54,o •ExeMpting• ofitumstaitet
• • •
, of the Civil
does of ho himsee:b ,t to a general rittIclic (National Steel Prove
Corp. k Court f ApparcsN . tr..1
9-(364,. cffit
Q: Are pipelines from / fineries to another As to Stipulation Limiting Liability .. .
included in the term
/ v the ceMetls-
ANS: Yes, the definitio ItliC;de makes no distinction as OPrtiqs may! not • riPtIgrararY la tAw4morali or
to the means of transporfing Ater or air. It does not provide limiting the &rife]
except vition pm bYt teed alstonis. It can Sticulnid that it Is
that the transportation of the a,s..pigru Sods be by motor vehicle (First ;exempt from liability for the negtIgehOe ci
lave; It04/Irtat.stiPlalital. its employees or agents.
Philippine Industrial Corporation v. C , prar` It IS; etsempl from
this negligence. of Its
Q: Must carriage of goods or passengers be the principal business of a person for employees or agentsi being
him to be considered as a common carrier? contrary to prilgTo
ANS: No, a carrier may still be considered as a common carrier even if it is not .
principally in the business of carrying passengers or cargo. The law does not distinguish (AQUINO &HENNANDO, Tral*a.rktforti" ;upt.014;13;CIVII. CODE, iyt. 17451.
between one whose principal business activity is the carrying of goods and one who gagestRIPtbrii
undertakes this task only as an ancillary activity (Torres-Madrid Brokerage, Inc. v. FEB a; Whiitis the caltsencorogutrott of common conttne?:
Mitsui Marine Insurance Co., Inc., G.R. No. 194121, July11, 2016). Atisz common otirrtars; iitin the :Matra CI their tesipest and: torteesene of public
pelicy, are bound tobbserve. extmordlriery dfllgenca in the.tirlittlattO0 (Or the Boosts end
Common Carrier v. Private Carrier fof the safety of the cpssensors traMPOrted.by them, epoondeigio all the cticamatitacea
of each casti.(61141...CODE.Alt
Q: Who is a private carrier?
ANS: A private carrier is one who, without making the activity a vocation, or without Qt liThetteMateenfinerY dilltimoo?
holding himself or itself out to the public as ready to act for all who may desire his or its ANS P.000.40101Y. Diligence ibe re4Pkin at Witco *ith the greatest 0111 and
services, undertakes, by special agreement in a particular instance only, to transport atm* (ClivatObvtiOeye Fonionciek 54 O.P. k 15:57),
goods or persons from one place to another either gratuitously or for hire (Spouses Scanned with
Perefia v. Spouses Zarate, supra). CamScanner 57

56
4r•
 41;lt•It:,

Q: Is a private carrier also required to observe extraordinary diligence? B. OBLIGATIONS AND LIABILITIES
ANS: No. The diligence required of a private carrier is only ordinary, that is, the
diligence of a good father of the family (Spouses Pereila v. Spouses Zarale, supra).
Vigilance overgoods
Q: When do the duties of the common carrier in the carriage of goods commence
Q: How is extraordinary diligence applied in the carriage of persons? and when does it end?
ANS: Simple precautionary measures to protect the safety of passengers, such as ANS: In carriage of goods, the extraordinary responsibility of the common carrier starts
frisking passengers and inspecting their baggage, preferably with non-intrusive gadgets from the time the goods are unconditionally placed in the possession of, and received by
such as metal detectors, before allowing them on board could have been employed the carrier for transportation. Meanwhile, the duty to exercise extraordinary diligence in
without violating the passenger's constitutional rights (Fortune Express Inc. v. Court of the carriage of goods ends at the time the goods are delivered, actually or
Appeals, G.R. No. 119756, March 18, 1999). constructively, by the carrier to the consignee, or to the person who has a right to
receive them (CIVIL CODE, Art. 1736). -
While JAL was no longer required to defray private respondents' living expenses during
their stay in Narita on account of the fortuitous event, JAL had the duty to make the Q: What are the obligations of a common carrier in the carriage of goods?
necessary arrangements to transport private respondents on the first available ANS: The following are the obligations of a common carrier in the carriage of goods:
connecting flight to Manila. Petitioner JAL reneged on its obligation to look after the (PASTE)
comfort and convenience of its passe • 01'P-4/wan Airlines v. Court of Appeals, G.R. 1. Duty to deliver the goods to the Properperson;
No. 118664, August 7, 1998). 2. Duty to Accept the goodsA0
U AT
Q: How is extraordinyy iligence applied.carria,,ge of goods?
nr,
3. Duty to Seasonably deliv$.40'%dp5Ids to the destination;
4. Duty to Transport the gop.dgpargly.0 the agreed destination; and
ANS: The extraordi ary,dili tarker n the vigilance-OVeOhe gdo\Ps tendered for shipment 5. Duty to exercise Extrgiiijit)4Y).-iligence (AQUINO AND HERNANDO,
requires the com ni r',. . iii>orMtifiillowA:?rtfeitedike.caution for avoiding Transportation, supra at 56))-..'f'::kilt. 4,.t.
-,
'
damage to, or de®s`t ¢ti of tlite goodl y erttrlist9F1 to it ior si:laep3rrkage, and delivery. It 4e)4, e.6 rrl*,',,
•,, .''1"
•;-'...":'•:;-,i Z•IP'...,
,!.::: .1. ,
requires comnno s "kJ. use all' reasonable means to ascertain the nature and Q: What are the valid grountis for nqil-acceptance of goo-cis. for transportation?
o . i. 0.- . ANS: The instances when
characteristic o goods tendered for shiprr014, and to e erase ee,ca,re in the handling wtten the carriakna}r validly refuse to4kcept goods include the
and stowage, i 9Iinp such me o s asi, heir na ure requiret"p4vo v. UCPB, G.R. following: (D2UO-CITES) ,cf. ,.̀4'17k
No. 148496, March-19 2002) \-,z5 -- Lill. ,c\--., 1. The goods ,are Dangefous objects, or substanOes4n6luding dynamites and
, 4 ,,-
other explosives
.
,„ .0„1 ff
.,le'i 7- tm: p
-•,.,„ I NA
Q: Should the commonr-carkercanker stilrAxeCi%e due Fibance to 'prevent or lessen 2. Thegoods will,beexposed tot,untdWard Dangerilike flood, . capture by enemies,
loss even if the loss, of t is .caused -by t „aah4eacth Oothe goods? and114like; ,.:., VA
P 1
ANS: Yes. EveVhpss, e)t(uctionprela:td,oiatsa;of the good`sishould be caused 3. The"goo dsare •tirlt for trahsportation;
•:,7,--.. r .
by the characte of the\goodsk:ketr`t Paul n_05,e't5the packing or of the containers, 4. Acceptance wo,.tictr.esulrli,F.A iniOverltpading;
the common carver mus exercis p..7.e._ '%Qger_259:11 t leas( forestall or lessen the loss 5. The gocidkaref'Conklered tontrOAnds or illegal goods;
ri" 6. The goodgtare Injurldus to healtIK,
(CIVIL CODE, Art.‘1742). /
SCIENV\N 7. Failure to tenger„goas on Time;-„.:-.. ..
Q: Should the common,
lc, 1 \'''A ,f 8. The goods likellvastockAIZatEXPoPe 'Acecliteaa'as; and
4,carriers
---, , IlVexercise ue1:110,ence
loss even if there is a fortuitous eventk A th \:#0ff
to prevent or minimize
9. Strike (AQUINO ANDPERNANDO, Essentials of Transportation and Public
ANS: Yes. The common canTel exdraddil diligence to prevent or minimize loss Utilities Law (201'6) pl 59).
before; during, and after the occurredfilo-da, storm or other natural disaster in order 4g-4'1:0

that the common carrier may be exempted from liability for the loss, destruction, or Q: Is the common carrier's duty to observe extraordinary diligence suspended
deterioration of the goods. The same duty is incumbent upon the common carrier in when the goods are temporarily unloaded or stored in transit?
case of an act of the public enemy (CIVIL CODE, Art. 1739). ANS: The common carrier's duty to observe extraordinary diligence in the vigilance over
the goods remains in full force and effect even when they are temporarily unloaded or
Q: Are common carriers also required to exercise extraordinary diligence for the stored in transit, unless the shipper or owner has made use of the right of stoppage in
benefit of third persons? transitu (CIVIL CODE, Art. 1737).
ANS: Yes, for if the common carriers carefully observed the statutory standard of
extraordinary diligence in respect of their own passengers, they cannot help but Q: Do obligations of the common carrier of goods cease upon the arrival of the
simultaneously benefit pedestrians and the owners and passengers of other vehicles goods at their destination?
who are equally entitled to the safe and convenient use of our roads and highways ANS: The extraordinary liability of the common carrier continues to be operative even
(Cangco v. Manila Road Company, G.R. No. L-12191, October 14, 1918). during the time the goods are stored in a warehouse of the carrier at the place of
destination, until the consignee has been advised of the arrival of the goods and has
had a reasonable opportunity thereafter to remove them or otherwise dispose of them
(CIVIL CODE, Art. 1738).
Q: What is the rule on a carrier's liability for delay? It is well-settled that the relation of carrier and passenger does not cease at the moment
ANS: In the absence of a special contract, a carrier is not an insurer against delay in the passenger alights from the carrier's vehicle at a place selected by the carrier at the
transportation of goods. When a common carrier undertakes to convey goods, the law point of destination, but continues until the passenger has had a reasonable time or
implies a contract that they shall be delivered to its destination within a reasonable time, reasonable opportunity to leave the carrier's premises (La Mallorca v. Court of Appeals
in the absence of any agreement as to the time of delivery. But where a carrier has and Beltran, et. aL, G.R. No. L-20761, July 27, 1966) and to look after his baggage and
made an express contract to transport and deliver properly within a specified time, it is prepare for his departure (Aboitiz Shipping v. CA, G.R. No. 84458, November 6, 1989).
bound to fulfill its contract and is liable for any delay, no matter from what cause it may
have arisen (Saludo Jr. v. CA, G.R. No. 95536, March 23, 1992). Q: What is the Continuing Offer Rule?
ANS: A public utility bus, once it stops, is in effect making a continuous offer to bus
Q: What are the consequences of delay in carriage of goods? riders. Hence, it becomes the duty of the driver and the conductor, every time the bus
ANS: The following are the consequences of delay: stops, to do no act that would have the effect of increasing the peril to a passenger while
1. In case of excusable delay: he was attempting to board the same (Dangwa Transportation Co., Inc. and Theodore
a. Excusable delay in carriage merely suspends but generally does not Lardizabal v. Court of Appeals, G.R. No.95582, October 7,1991).
terminate the contract of carriage. When the cause is removed, the
master must proceed with the voyage and make delivery. It is the duty of common carriers of passengers to stop their conveyances a reasonable
b. During the detention 06delay. the vessel continues to be liable as a length of time in order to afford passengtr5 an opportunity to board and enter, and they
N7
common cameral w9relifPgman, and remains duty bound to are liable for injuries suffered by boardingAassengers resulting from the sudden starting
up or jerking of their conveyancesAhire t4y,are doing so (Id.).
exerciseoextraorkary dtljOn,e 0 0241iNur. 2d 939).
2. In case of inexcustile .elAy;,s .t 1,:\
a. Thee" arrieFtear xerciseeXt aordinary diligence; Q: Does the common carriersktaildreYto.lake precautionary measures to protect
i.e.. A ." the safety of its passengers constitute*ligpFe?
b. TO caree)-4isfiill-liable7ph—if-a aliir Its4ser causes the damage
azuL.F2DE Art.1.w)a •\„7. ANS: Yes. In one case, thebts eq49#04:dietqtkililgaglprotect the safety of its
c. hestpulation limiting to liability o the pcommon carrier cannot be passengers despite the warning by the Philippine Constabulary,. Had the bus company
availed of in1case of losit deterioration ofkgOoti and its employees beea5Vigilant, theygrOd not have failedA's,ee that the malefactors
...0, (CIVIL CODE, Art. had a large quantity'ioff!gasolinOW‘them. Under 4thq circumstances, simple
fr:i4,71 . , __ , , 1
d. oThe 9arrier liab16')-ftiptiiip ,c1Ves paused rrhe‘lelay (CODE OF precautionary measureshitprotect the: safety of passqgqs, such as frisking
COMMERCE Art. 358,z,S*10 r. v. CA, suprakanci II passengers andinAeCtingffieir,baggage,;prneferably withinonOtrtisive gadgets such as
el tea eye maY .-- -:eWcstse his ) toy abanpon (CODE OF metal detector§rbeforallowing them civboard could havisl been employed without
ER A . 374ATI ANDO;€77thnsportation, supra violating the Pilaiw .911
e0onstitutional rights. It is etidenlAhat7toi ftployees failed to
t?61g). Li, ,- '-- (.07 \/ prevent the attack on onel;f1thel3VS'ep because they-diarsiittoodigethe diligence of a
good father of a fqmilyi(ASNiyie Ex Bess 44 v. CA, supr'er
Safety ofPassengers tSr

Q: What is the extent of a common carrtes,!sMability in the carriage of persons?

Q: What are the obrgations,of a-connt own Vhe carriage of passengers? ANS: The principles gdOrpiethe liabilitylpf0Aftm9arrier:
ANS: The followin are e 1,calcier in the carriage of
m81-`- 1. The liability cwcarrierAiciinttgaualIti&afideatpon breach of its obligation.
passengers: (U-STAB)
7 h.1.4
1. Duty to observe Utmo diligencievto paw ffls,
There is breach if it4faYS to exert extraordinary diligence according to all
circumstanceeqfnct case;
2. Duty to Seasonably bring,,ttle,pqssa ger.trithe destination; 2. The carrier is obildedlo carry its passenger with the utmost diligence of a very
3. Duty to Transport the passenger safely to the agreed destination; cautious person, having due regard for all the circumstances;
4. Duty to Accept passengers without discrimination; and 3. The carrier is presumed to be at fault or to have acted negligently in case of
5. Duty to take care of the passengers' Baggage (AQUINO & HERNANDO, death of, or injury to, passengers, it being its duty to prove that it exercised
Transportation, supra at 44). extraordinary diligence; and
4. The carrier is not an insurer against all risks of travel (Isaac v. A.L. Ammen
Q: When does the duty to exercise extraordinary diligence in the carriage of Transportation, G.R. No. L-9671, August 23, 1957).
person commence and when does it end?
ANS: With respect to carriage of passengers, the extraordinary responsibility of Q: Distinguish the liability of a common carrier for the acts of its employees and
common carriers commences the moment he presents himself at the proper place and from its liability for the acts of other passengers or strangers.
in a proper manner to be transported with a bona fide intent to ride the coach (Light Rail ANS: A common carrier is expected to exercise extraordinary diligence with respect to
Transit Authority v. Navidad, G.R. No. 145803, February 6, 2003). the acts and omissions of his employees, even when such employees act beyond the
scope of their authority or in violation of the common carrier's orders (CIVIL CODE, Art.
The duty of a common carrier to provide safety to its passengers so obligates it not only 1759).
during the course of the trip, but for so long as the passengers are within its premises
and where they ought to be in pursuance to the contract of carriage (id.) However, with respect to the acts of other passengers or strangers, the carrier will be
liable only if the common carrier and his employees, could have prevented the injury by
the exercise of the diligence of a good father of the family (CIVIL CODE, Art. 1763).

60 61
 Q: Is a common carrier liable for injuries sustained by a passenger caused by an Note: This liability of the common carriers cannot be resisted by proof that they
unidentified pedestrian who hurls a stone which hits the passenger? exercised all the diligence of a good father of a family in the selection and supervision of
ANS: No. A common carrier does not consent to become an insurer of any and all risks their employees (CIVIL CODE, Art. 1759).
to passengers and goods. A tort committed by a stranger which causes injury to a
Q: Are common carriers responsible for injuries suffered by a passenger on
passenger does not immediately accord the passenger a cause of action against the
account of the willful acts or negligence of other passengers or of strangers?
carrier. The injury shall be deemed the result of the carrier's negligence, or his ANS: Yes, provided that the common carrier's employees could have prevented or
employee's negligence, only when the same could have been foreseen and prevented
stopped the act or omission of such third person through the exercise of the diligence of
by them. (Pilapil v. CA, G.R. No. 52159, December 22, 1989). a good father of a family (CIVIL CODE, Art. 1763).

C DEFENSES AVAIL-413LE TO COMMON CARRIERS Q: Will the common carrier be held responsible if the goods were seized or
Proof of Negligence destroyed through the order of public authority?
ANS: The answer must be qualified. The common carrier will not be responsible
Q: What is the presumption in case of death of or injuries to passengers?
provided said public authority had power to issue the order (CIVIL CODE, Art. 1743).
ANS: In case of death of or injuries to passengers, common carriers are presumed to
have been at fault or to have acted negligently, unless they prove that they observed
.733 and 1755 (CIVIL CODE, Art. 1756). Q: Is a common carrier responsible for the consequent loss of baggage after
extraordinary diligence as prescribed having accepted it and placing it insiftthe vehicle?
-r ANS: Yes. Where a common caN accepted its passengers' baggage for
Q: Can a common carrie ispclke with ITvn its es. onsibility for the safety of
transportation and even had it plac'eOrttivehicle, it is responsible for the consequent
passengers? loss of the baggage (Sarkies Touir.41AilW14C v. Intermediate Appellate Court, G.R. No.
ANS: No. The resilsilcii) - common carrier%o th atety of passengers as
t ,o,V'a" L-63723, September 2, 1983). W
required in Art. 1723 an 7,55j,annot-Isql1Spense&withzorlesselied by stipulation, by
eCODE, Art. 1757).
the posting of not cet% state ents,pm tiokets,p): othyviS4/4/4.' Due Diligence in the Selection.andSupernAlon.ofrinliloyee:s
4
11.21 A A r „et:0
Q: What is t e effe t of loss, destr' ction, or d terioratiolij of goods during Q: When may an employer use the c,lueldiligence in the selection and supervision
of employees as a defense? ..) if
carriage? ' `,,ahjerghavOden pt fault ?Rev acted negligently ANS: In order that theiclefense4of,45,:r1 if g i
ANS: A presu p lop at conrimoh,o eue r-..,
Iligence in the selection and supervision of
if the<goods arp 1ostitestroyed or deter. p( CODE, r .
i.71 However, there employees may be,„cjeemesufricient anckplausible, it isalot enough enough
to to emptily invoke
' re kreVlowing 6auseOnly (FXFSCO): existence ef,;s-aili com4nil8buidelines nd policies orihiring and supervision. As the
are exceptions negligence opilInFemplOTyRe gives ris-g4o the
1. flood Vo„rm, eartliegitiM, othethateal disast or calamity; presumption of rneglidence on the part of
2. Act of the' ei\e,19.419,war4NtLeVer7i etional or civil; the employeree latterte4e burden of proving thatirlIAFbAogqigent not only In the
selection of ernzloyeesz
e, 4butt also,r16Ilhe 0.4tual supervisio4ifegtheii:work. The mere
'Z. Act or otrnissiorvf thik`ahipket orioilnd flh /goods;
packirig or in he containers; allegation of the existence hiripg pi;qeedures and supervisory policies, without
4. The Ch ratter of the do"%ractests
5. Order or .,ot of compet ntlu tkletrity IV (CODE rt. 1734). anything more, is deAdly not sufficient ici' overcome such presumption (Metro Manila
CIN Transit Corporation vs Court oitAppeals, GrIRM5771p4408, June 21, 1993).
Note: This list is EXCLUS,IVEN Y kp-dt'' r':1;•-::..'-,.1
190 ."(Al
‘kj ,4, '0
Q: Can the parties stipula‘a sper deprReaqlittge_oe'in the carriage of goods? Q: Is due diligence inAelectiimana .and sup
sup
-trviSian—satisfied when an employer hires
a driver with a valid prqtessipnal driver's license?
ANS: Yes, A stipulation betwee the coixil,non c5gepoand the shipper or owner limiting ANS: No, it is not satisfled0y the mere finding that the applicant possessed a
the liability of the former for the loss, destradtion, or deterioration of the goods to a
degree less than extraordinary diligence shall be valid, provided it be: (WCoRe) professional driver's license! The employer should also examine the applicant for his
1. In Writing, signed by the shipper or owner; qualifications, experience and record of service. Due diligence in supervision, on the
2. Supported by a valuable Consideration other than the service rendered by the other hand, requires the formulation of rules and regulations for the guidance of
common carrier; and employees and the issuance of proper instructions as well as actual implementation and
(CIVIL CODE, Art. 1744). monitoring of consistent compliance with the rules (Spouses Fabre v. Court of Appeals,
3. Reasonable, just, and not contrary to public policy supra).
They may agree to limit the liability of the carrier in the carriage of goods by stipulating
(Lu Do & Lu Yum Corporation v. I.V. Binamira, G.R. No. L- Q: Is proof of ordinary diligence in the selection and supervision always enough
the same in the bill of lading
to exonerate a common carrier from liability?
9840, April 22, 1957). ANS: No. The liability of common carriers does not cease upon mere proof that they
Q: Are common carriers liable for the death of or injuries to passengers through exercised all the diligence of a good father of a family the selection and supervision of
the negligence or willful acts of their employees? their employees because they must also prove that they exercised the extraordinary
ANS: Yes. Common carriers are liable for the death of or injuries to passengers through diligence required of them on their other obligations in the contract of carriage as
prescribed under Articles 1733 and 1755 (Sanico v. Colipano, G.R. No. 209969,
the negligence or willful acts of the the carrier's employees, although such employees
may have acted beyond the scope of their authority or in violation of the orders of the September 27, 2017).
common carriers (CIVIL CODE, Art. 1759).
 .44

Q: What Is the extent of the liability of the carrier and the driver? Q: Are mechanical defects considered as a fortuitous event?
ANS: The carrier and driver are solidarity liable as joint tortfeasors (CIVIL CODE, Art. ANS: No. Damage or injury that can be traced to mechanical defects is not considered
2180). caused by fortuitous event. A passenger is entitled to recover damages from a carrier
for an injury resulting from defeat in an appliance purchased from a manufacturer, 411

Q: Since common carriers are liable for the negligence and willful acts of their whenever it appears that the defect would have been discovered by the carrier if it had
employees, does the liability cease upon proof that they exercised due diligence exercised the degree of care required with regard to inspection and application of the
in the selection and supervision of their employees? necessary tests (Necesito v. Paras, G.R. No. L-10605, June 30, 1958).
ANS: No, common carriers are liable for the death of or injuries to passengers through
the negligence or willful acts of the former's employees, although such employees may Q: Is hijacking considered a fortuitous event as to absolve the liability of the
have acted beyond the scope of their authority or in violation of the orders of the common carrier?
common carriers. This liability does not cease upon proof that they exercised all the ANS: No, common carriers are not absolved from liability from acts committed by
diligence of a good father of a family in the selection and supervision of their employees thieves and robbers unless the latter acted with grave or irresistible threat, violence, or
(CIVIL CODE, Art. 1759). force (Guzman v. CA, G.R. No. L-147822, December 22, 1988).

Fortuitous Event Q: Is fire considered a fortuitous event?

ANS: No, fire is not considered a naturall disaster or calamity that would relieve the
Q: What are the requisites rtuitous carrier from the presumption of negligeliC,e; (Eastern Shipping Lines v. IAC, G.R. No. L-
ANS: The requisites of a foV,uitoq evenTara airlow.-(Im-INA) 69044, May 29, 1987). ••-,
It must be ImpAiblg tb7.f9sesde-the.e. kntithatc
1. .Institutes the case fortuito, or
if it can be fo eseen,y bistbe s- ir Sible„lo aiLoia. Contributory Negligence
2. The cause oCthitpfaesead_u_neoected =Terence, or of the failure of
the debt -r to Z'omplyrwit
i fiThis oqigation7'musWe-Ind ndent of the human Q: What is contributory negligence? ,
will. / ANS: Contributory negligenceigconaiid on the part-of jpred party, contributing as
7„,A, 7, \
3. The o currence must be arch aakto larder it mpossib)etfq the debtor to fulfill legal cause to the harnAgtas suffecad,j1hich falls below t11.0standard to which he is
s,-.., ,- require to conform foikjiis ewn protectiod (Sealoader Shipping Corporation v. Grand
his ob ig o n a NiSrmaLmanne ,
ust be free qoin any Cement Manufacturing4t, orp et al., G.RA Not 167363 sand 1V7466, December 15,
4. The b Net: . ,..pVicipatron
,r-3, _ . in. o vtheAAggravation of the
2010). 1",
injur resu i g to the credLtqrq,s,e a do V. P ilippine Steam' s...1 Navigation, G.R.
No. L 6 42, Oct • er 2X19.62) !4,,, 4.,t,-' f k ';•
Q: May a passenger
tvIn ,
stilLrecover
.0.r?
damages for his death or injuries even if there
,'<i. was contributory negligence ongs, part?,
t
'11T"!17_,77
Q: When canCor p'
• otvn c,5:4,. event to escape .,,..h
. , 7....7 47.
ANS: Yes. TR6 contributory negligence neglig
liability? ts .. . ence .8fi the passergefiesci6eSiiat bar recovery of
ANS: In order to be a valid de' ist N.`Y
ta I she9 hat the fortuitous event be damages for his der " oriinjunes
,P 1,4 if' the.Y.
proximate
ti‘1
cause thereof is the negligence of the
common carrier, b Ethe amount of ,ciama as shall be equitably reduced (CIVIL CODE,
the proximate cau e of the oss fittiAg Ship ing, Inc CA, etat, supra).
Art. 1762). ''' efl V.
:. •
If the common carrierqegligg Jr ric,._._alay,inotranspo rt9g he goods, that fact that
urs rrd stql, f;. .._ .. _ ,
N Y Q: Can contributory nggligencR,ion the part of the shipper be a defense to excuse
the delay was partly d4 patur i isaste $-' hall' ; of free such carrier from c!
responsibility (CIVIL CODA OZ40). the carrier from liability,?,
ANS: No, it will only mitigate such liability. If the shipper or owner merely contributed to
Q: Are fortuitous events under Article 1174 of the NCC limited to natural the loss, destruction or deterioration of the goods, the proximate cause thereof being the
calamities? negligence of the common carrier, the latter shall be liable in damages, which however,
ANS: No, it may involve events that involve human intervention. Article 1174 of the NCC shall be equitably reduced (CIVIL CODE, Art. 1741).
provides that "except in cases expressly specified by the law, or when it is otherwise
declared by stipulation, or when the nature of the obligation requires the assumption of Q: Are the passengers bound to observe due diligence to avoid injury?
risk, no person shall be responsible for those events which, could not be foreseen, or ANS: Yes, the passenger must observe the diligence of a good father of a family to
which, though foreseen, were inevitable.” Thus, fortuitous event may be produced by avoid injury to himself (CIVIL CODE, Art. 1761). This is the doctrine of avoidable
two general causes, that is by nature and by acts of man (AQUINO AND HERNANDO, consequences in which it states that even if the passenger is also required to lessen the
Essentials of Transportation and Public Utilities Law (2016), p.186-187). damage or injury (CIVIL CODE, Art. 2203).

Q: Can the explosion of a new tire be considered a fortuitous event? Q: What is an assumption of risk?
ANS: No. The fact that the tire was new did not imply that it was entirely free from ANS: It is a rule that passengers must take such risks incident to the mode of travel
manufacturing defects or that it was properly mounted on the vehicle. Neither may the because carriers are not insurers of the lives of their passengers (Japan Airlines v.
fact that the tire bought and used is of a brand name noted for quality, resulting in the Court of Appeals, G.R. No. 118664, August 7, 1988). Carriers are not liable for injuries
conclusion that it could not explode within five day's use. It is settled that an accident caused by risks knowingly assumed by the passenger (Calalas v. CA, G.R. No. 122039,
caused either by defects in the automobile or through the negligence of its driver is not a May 31, 2000).
caso fortuito (Yobido v. CA, G.R. No. 113003. October 17, 1997).

64 65
 Doctrine of Last Clear Chance 4. If no actual proof of living expenses is presented, it shall be presumed to be
Q: What is the doctrine of last clear chance? 50% of the Gross Annual Income. (People v. Lagat, G.R. No. 187044,
ANS: When both parties involved in the accident were both negligent, the negligence of September 14, 2011).
the party will not be considered the proximate cause if the other party has the last clear
chance of avoiding the injury. Thus, if the plaintiff has the last clear chance of avoiding Q: What is the extent of recovery of damages in case of contractual breach?
the injury, the negligence of the plaintiff — which is not just contributory negligence — ANS: As applied to common carriers, the carrier in good faith is liable only to pay for the
will be considered efficient intervening cause (AQUINO & HERNANDO, Transportation, damages that are the natural and probable consequences of the breach of the
supra at 230). obligation, and which the parties have foreseen or could have reasonably foreseen as
the time of the obligation was constituted. However, if the carrier is in bad faith or guilty
Q: Can the doctrine of last clear chance be raised as a defense against a of negligence, the carrier is liable for all damages, whether foreseen or not (CIVIL
passenger claiming damages? CODE, Art 2201).
ANS: No. The principle of last clear chance only applies in a suit between the owners Note: The carrier who may be compelled to pay damages for the loss or damage to the
and drivers of colliding vehicles. It does not arise where a passenger demands goods or passengers has the right of recourse against the employee who committed the
responsibility from the carrier to enforce its contractual obligations (Philippine Rabbit negligent, intentional, or fraudulent act (Sarkies Tours Philippines, Inc. v. Intermediate
Bus Lines, Inc. v. Intermediate Appellate Court, et al., G.R. Nos. 66102-04, August 30, Appellate Court, G.R. No. 63723, September 2, 1983).
1990).
Q: Can the act that breaches the. contract be likewise considered a tort or quasi-
delict? 7°*"
D. EXTENT OF LIABILITY
ANS: Yes. Although the relation Loyp,ap.smer and carrier is contractual both in origin
Recoverable ama e and nature, nevertheless, the OttrAtiT.tfeaks the contract may also be a tort.
Q: What are the kinds ola ages? Passengers do not contract merlyfOnglpor,taticn,, They have a right to be treated by
ANS: The kinds otlifi'' 9 s e as ffIllowp'k the carrier's employees with kindness,;; respect;' coutesyand due consideration (Air
1. Actual or com ensa ory; J‘>. France v. Carrascoso, L-21438, September 28, 19661
2. Moral (f) 14;4;4i She
Q: X rode the bus of VdriVen by VDUiring the course of the trip, the bus collided
3. Nomiiia 1
4. Tempe e or moderate; L/ _,,, --'1"- with the jeep of A, c;IttiVetiibyt13'. X suffered injuries. Agrainst vyhom should X file a
v,
5. Liqui , ind r....—f, complaint for damages?4'?,,,, „
6. Exe lary"okCo ,.et v.e_f_C/V/P-T: ANS: Either or' both 406 carriers.ln theA case of injury toi a passenger due to the
negligence ottfelariteroflhp busin which the passepgwrkdiggmnd of the driver of
C \\k, L94, 1."'511 another vehicl'e's the drivdrSlas welt the owners ofC1110:i,q0Shicles are jointly and
Q: In contract v carrage rtiS rso , wb0-;da 'es are recoverable in case of
injuryto or death of a passe er? severally liable for,4aMahie It shoqid rick4nake any diffeiehbe'that the liability of the
ANS: Damages ikases compnse )fi rLILSac 16\ 1 (Section on Co mon Carriers] shall bus owner springsiflOthla contract while ttral of the driver springs from quasi-delict (Tiu
be awarded in accordance 'th 621(XINTIOsil_pok [Boo V of the Civil Code], v. Arriesgado, G.R. No..138060 Septembeil, • •
, 2004)
concerning Damages. rte" -20, 64,A11-alsoyotoi th4de5h of a passenger caused
by the breach of contrac ify E, Art. 1764) (annotations Stipulation Limiting Liability
ours]. Q: What is the purposetot limiting stipulations?
As such, a passenger ihjured b teat op a contract of carriage of persons or ANS: It is for the proletgitof the common carrier. Such stipulation obliges the
baggage may recover the following damage in accordance with the general shipper/consignee to notify the common carrier of the amount that the latter may be
law on Damages: liable for in case of loss of the goods. Unscrupulous shippers may undervalue the goods
a. Actual damages in order to avail the lower rate of freight at the expense of the carrier and claim the real
b. P75,000 for death of a passenger (as increased in People v. Jugueta, value of the goods if these goods are damaged (Edgar Cokaliong Shipping Lines, Inc. v.
G.R. No. 202124, April 5, 2016) UCPB General Insurance Co., G.R. No. 146018, June 25, 2003).
c. Loss of Earning Capacity
d. Moral damages Q: May the parties stipulate that the common carrier shall exercise diligence that
e. Nominal or Temperate damages is less than extraordinary?
f. Liquidated damages ANS: The answer must be qualified. In the carriage of goods, the carrier and shipper
g. Exemplary damages may agree on the observance of diligence to a degree less than extraordinary (but not
h. Attorney's fees (PAL v. Lao Lim et aL, G.R. No. 168987, October 17, total exemption or diligence less than ordinary) (Arts. 1744-1745 (3), NCC). In the
2012). carriage of passengers, the responsibility of common carriers cannot be dispensed with
or lessened by stipulation. The rule applies notwithstanding reduction of fare. But when
Q: What is the formula for loss of earning capacity? the passenger is carried gratuitously, a stipulation limiting liability for negligence is valid,
ANS: The following is the formula: except for willful acts or gross negligence (Arts 1757-1758, NCC).
1. Loss of Earning Capacity = Life Expectance x Net annual income
2. Life Expectancy = (2/3) x (80-Age of deceased)
3. Net Annual Income = Gross Annual Income — Living Expenses

66 67
Q: When is a stipulation limiting the liability of the common carrier considered Q: What happens when the common carrier refuses to carry the goods of the
valid? shipper?
ANS: A stipulation between the common carrier and the shipper or owner limiting the ANS: The agreement limiting the common carrier's liability may be annulled by the
liability of the former for the loss, destruction, or deterioration of the goods to a degree shipper or owner if the common carrier refused to carry the .goods unless the former
less than extraordinary diligence shall be valid, provided it be: (WCoRe) agreed to such stipulation (CIVIL CODE, Art. 1746).
1. In Writing, signed by the shipper or owner;
2. Supported by a valuable Consideration other than the service rendered by the Q: Is it valid for the common carrier to limit its liability to the value of the goods
common carrier; and appearing in the bill of lading?
3. Reasonable, just, and not contrary to public policy (CIVIL CODE, Art. 1744). ANS: Yes. A stipulation that the common carrier's liability is limited to the value of the
Note: An agreement limiting the common carrier's liability for delay on account of strikes goods appearing in the bill of lading, unless the shipper or owner declares a greater
or riots is valid (CIVIL CODE, Art. 1748).
001 value, is valid and binding (CIVIL CODE, Art. 1749).
Q: What stipulations limiting liability are deemed void for being unreasonable, Limitation ofLiabNty under the Carriage of Goods bySea Acts (COGSA)
unjust, or contrary to public policy?
ANS: Any of the following or similar stipulations shall be considered unreasonable, Q: When is the Carriage of Goods by Sea Act applicable?
unjust and contrary to public policy(9_Ril.,1E1g) ANS: The COGSA is applicable when the following are present:
1. That the common carrier shalliexircise aegree of diligence less than that of 1. Water/maritime transportation:
a Good father o faljy, or bf a da•Vof;brThaq p: udence in the vigilance 2. Carriage of goods; and .. .,,.,,,
over the movzab trinspiaed• , \ 3. Overseas/international/61:0g Q-'L;.trOcke to and from Philippine ports (Cua v.
2. That the goods ar tra sported at the Ris o t e ovinskor shipper; Wallem Philippines Shiaind,:14:tGIR. No. 171337, July 11, 2012).
3. That the com g cxrier--Will-Trorbe-.1iable cit anyltoss, destruction, or .. ...67.).
detenora jeol 'e goods;[5.) `-k 7 -1k
4. That t11.6 common c rrier's liebilitypracts corvmitteWThteves, or of robbers
Q: Does COGSA apply to misdplive,%-,gqdridel4p4dAlelinryg
ANS: No. The COGSA doe NOT 'a0al4t8 inieCthliVe6grakdelayed delivery. it only
,,, P• tit.
who do not apt with grave or irresistible threat, violet -e -o-1 force, is dispensed applies to non-delivery0d. damaged, goods (Ang v. Ame can Steamship Agencies,
with 1.Train-shed; Inc., G.R. No. L-22491.;iJan..27, /9601K F
- II r -
5. That he-co mon carrieK0e)h.. otebe-s(po the or omission of 1v,.,
frit. ii i Q: Under COGSA what is1;.,..' value of I !lilted liability of the carrier?
his o it g' loyees, .,01, .,.••,. ..,.... .'ilk ij 7
B. That he•ho morC:\ier nee coo `bserve a ce in the custody of the ANS: Neither the,carner
, nor the'ship,shala any event be m or beco e liable for any loss
goods; r in \->, I
or damage torVpcontieclion with the trarportation of1goods s in arkamount exceeding
$500 per packageinTlaWkilltionejtzakthe kilted StateCapaa!gagdods not shipped
7. That \I:tem c'o morl(d ,Narrier isE4n the loss, destruction, or
4•5.'N ,.., 1.:'.1
deterioration ofkgoodkgtraczaan o ll fective ondition!of the car, vehicle, in packages, peccustomeAlfreighpunit, o&ithe equivalentAt 1- 174 ea-6 m in other currency,
ship, alt. lane Or other e'qsbip __ed contract' of carriage (CIVIL unless the natureancl - 1 valiTeof
,.' .-4 suctYgoo 'S'
. a . P.,'1have been declared by the shipper before
CODE, A 1745). shipment and inserted in the,bill or lading.,This declaration, if embodied in the bill of
lading, shall be prima facie evidence, but §tkalt,r
'74 M
SC I ENT \ -' rigbe conclusive on the carrier (COGSA,
eN-43' ' ? I

Q: Suppose the common.iras ' • -as.no=corhpetiecrplopg the line or route, may Sea 4(5)). eli T.1,.
such fact be considerectidetermininq whdtlikr4elimitation
.
'R of the liability of the .% ,. l
carrier is reasonable? IVICA- Q: What is the limitatiOti on gieliability when the shipper fails to declare the value
ANS: Yes. The fact that the common canterhas no competitor along the line or route, or of the goods in the bill‘bfhping?
a part thereof, to which the contract refers shall be taken into consideration on the ANS: Under, Sec. 4(5) of the COGSA, when the shipper fails to declare the value of the
question of whether or not a stipulation limiting the common carrier's liability is goods in the bill of lading, neither the carrier nor the ship shall in any event be or
reasonable, just and in consonance with public policy (CIVIL CODE, Art. 1751). become liable for any loss or damage to or in connection with the transportation of
goods in an amount exceeding US$500 per package (Philam Insurance Co., Inc. v.
Q: Does the limitation on the liability of the common carrier remove the disputable Heung-A Shipping Corp., G.R. No. 187701, July 23, 2014).
presumption of negligence on its part?
ANS: No. Even when there is an agreement limiting the liability of the common carrier in Q: As regards to the previous question, what if the invoice was incorporated, by
the vigilance over the goods, the common carrier is disputably presumed to have been way of reference, to the bill of lading?
negligent in case of their loss, destruction or deterioration (CIVIL CODE, Art. 1752). ANS: The carrier shall be liable for the entire amount of damages sustained where all
the needed details were in the invoice which contained the itemized list of goods
Q: Can a common carrier be barred from benefitting from a stipulation limiting his shipped to the buyer, static the quantities, prices, shipping charges, and all other details
liability? (Eastern Shipping Line, Inc. v. BPI/MS Insurance Corp., G.R. No. 182864, January 12,
ANS: Yes. If a common carrier, without just cause, delays the transportation of the 2015).
goods or changed the stipulated or usual route, the contract limiting the common
carrier's liability cannot be availed of in case of the loss, destruction, or deterioration of
the goods (CIVIL CODE, Art. 1747).

68 69
Q: Under COGSA, can the maximum value of limited liability of the carrier be fixed A carriage without such an agreed stopping place between territories subject to the
sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not
by the parties?
ANS: Yes. By agreement between the carrier, master or agent of the carrier, and the deemed to be international for the purposes of this Convention (Lhuillier v. British
Airways, G.R. No. 171092, March 15, 2010).
shipper another maximum amount other than that mentioned in Sec. 4(5) of the COGSA
may be fixed: Provided, that Q: What are the liabilities of an air carrier in general?
1. Such maximum shall not be less $500 per package or in case of goods not ANS: The carrier is liable for damage sustained in the event of:
shipped in packages, per customary freight unit, or the equivalent of that sum 1. Death or wounding of a passenger or any other bodily injury suffered by a
in other currency, unless the nature and value of such goods have been passenger, if the accident which caused the damage so sustained took place
declared by the shipper before shipment and inserted in the bill of lading; and on board the aircraft or in the course of any of the operations of embarking or
2. In no event shall the carrier be liable for more than the amount of damage disembarking.
actually sustained. (COGSA, Sec. 4(5)). 2. Destruction or loss of, or of damage to, any registered luggage or any goods, if
the occurrence which caused the damage so sustained took place during the
Q: What is the prescriptive period in bringing a suit against the carrier under the carriage by air.
COGSA? Note: "carriage by air" comprises the period during which the luggage or
ANS: The suit must be brought within one (1) year after the delivery of goods or the goods are in charge of the carri er, whether in an aerodrome or on board an
date when the goods should have been.delixet Otherwise, the carrier and the ship aircraft, or, in the case of,ejlanding outside an aerodrome, in any place
o los-s"4o damage (COGSA, Sec. 3(6)).
shall be discharged from all liabili in respect1 whatsoever.
. 3. Delay in the carriage bji,01rk:9fi lassengers, luggage or goods (AQUINO &
Q: Can the parties, by/st shorten prescri bye period provided under HERNANDO, TransportliOn*iipta at 391).
the COGSA? :z.
ANS: No. The 1-year pe ot-berth-crrfeTiedv( Q: When is international ry
n A ANS: The carrier is liable if:th„elassenl'&rtirij.uary-t
warrnfitek1141(13- ED2)
Q: Does extrajudiciakdemand toll the ptesc iptive periodon bringing a suit against 1. On Board thealinft; or
the carrier untier CO SA? ‘ ' 2. In the courseEkany of the 60.6i4tiicms of Embarking or
ANS: No, the p9ajt3 icial demand does tot toll-the pfescriptimsAripd. It is desirable 3. In the courseGfasembarking; ) *
that matters affecting ranspo atidgo.fMoids",-6Z§rea lie decidpd ini a"s short a time as 4. When ttiere' v.06-c 9r becaus of Delay ,.7 (AqU/NO & HERNANDO,
possible; the apipdt on of th provignpslofFArticle 1155 of filet-new 'Civil Code would Transportation* slipra"at 396). 1
unnecessarily extend, th .,.pro
p„ ripd anC--rYealt delay,p,
d an i".:,he fsettlelatient of questions
affecting transpovtatiqn, cone Oksto thealepr, Kent qn Izt.) po eiofvtleflaw (Dole Phil. V.
sv,1›,
Q: Where nipy- the, fci‘iO4-4esi.ttitder the Warsaw
0. Convention? N4
Maritime Co., APON'bk-6f‘ 52, bruary V:t99 f eione4 ear period shall run from • -• *.. „.
delivery of the last package. <',I, L'- '-
' -:;1
.4 ANS: The plaintiffirrm,brifigfthe action forOrmages in: (D-PED)
1. The courtimere the:(parrief is Domiciled;
\ \ 2. The court where theicarrier has igfPfiii614alplace of business;
Q: What are the acts that sukpe04 -9---t3elc.a5.prescriptive period?
ANS: The following sttpencige:p.C1setipti odic 4 3. The court wharectlie carrier,.4§',..0ii4t615lighment by which the contract has
1. The express agreen*tvrthe.partie Vcs dpl Shipping Lines, Inc. v. IAC, been made; 05,
G.R. No. 74125:Vury'3X41990),.aiAd 4. The court of thie placaoruestination (Lhuillier v. British Airways, supra).
2. The filing of an aatiot co rti ntil jtRois dismissed (Stevens & Co. v.
M5,M773-07'September 29, 1962).
Nordeutscher Lloyd, G.R. - Q: What is the limitation on the amount of liability of the carrier against
passengers under the Warsaw Convention?
Limitations Under the Warsaw Convention ANS: As a general rule, a carrier shall be liable for 250,000 francs per passenger.
However, an exception is when there has been an agreement to increase the liability of
Q: What is the Warsaw Convention (WC)? the carrier (AQUINO & HERNANDO, Transportation, supra at 396).
ANS: The Warsaw Convention is an agreement among sovereign countries concerning
the regulation in a uniform manner of the conditions of international transportation by air Q: What is the limitation on the amount of liability of the carrier with respect to
in respect of the documents used for such transportation and the liability of the carrier. It hand-carried baggage under the Warsaw Convention?
was signed on October 12, 1929 in Warsaw, Poland. ANS: The limitation of the liability of the carrier against hand-carried baggage is 5,000
francs per passenger (WARSAW CONVENTION, Sec. 22(3)).
Q: What does "international carriage" mean for the purposes of WC?
ANS: It means any carriage in which, according to the contract made by the parties the Q: What is the limitation on the amount of liability of the carrier against checked-
place of departure and the place of destination: in baggage or cargo under the Warsaw Convention?
1. Whether or not there be a break in the carriage or a transhipment, are situated ANS: As a general rule, a carrier shall be liable for 250 francs per kilogram. However,
either within the territories of two High Contracting Parties; or an exception is when there is a special declaration of value and payment of a
2. Within the territory of a single High Contracting Party, if there is an agreed supplementary sum by the consignor. In such a case, the carrier is liable to pay not
stopping place within a territory subject to the sovereignty, suzerainty, more than the declared sum, unless it proves the sum is greater than actual value
mandate or authority of another Power, even though that Power is not a party (WARSAW CONVENTION, Sec. 22(2)).
to this Convention (WARSAW CONVENTION, Art 1).
71
70
 Q: What are the exceptions of limitation of liability for hand-carried baggage? corporation law under which individuals desiring to be and act as a corporation may
ANS: The limit of liability is not applicable in case of: (W-MAGE) incorporate (DE LEON, The Corporation Code of the Philippines, 2010 ed. at 44)
1. If there was Waiver on the part of the carrier; [hereinafter DE LEON, Corporation Code].
2. Willful Misconduct;
3. Absence of baggage check; Q: Differentiate primary from secondary franchise.
4. Gross negligence; and ANS: All corporations possess a primary franchise. Some corporations, in addition to
5. If the carrier is Estopped from invoking the provision on limit of liability the primary franchise, possess secondary franchises. The difference between the two is:
(AQUINO & HERNANDO, Transportation, supra at 398). 1. Primary, corporate or general franchises refer to the right of a corporation
to exist as a corporation, vested in the individuals who compose the
Q: Has the Warsaw Convention been invariably held inapplicable, or as not corporation, not to the corporation itself (JRS Business Corp. v. Imperial
restrictive of the carrier's liability, where there was satisfactory evidence of Insurance, Inc., G.R. No. L-19891, July 31, 1964).
malice or bad faith attributable to its officers and employees? 2. Special or secondary franchises refer to certain rights and privileges
ANS: Yes, the Hague Protocol amended the WC by removing the provision that if the conferred upon existing corporations, such as the right to use the streets of a
airline took all necessary steps to avoid the damage, it could exculpate itself completely, municipality to lay pipes of tracks, erect poles, or string wires, or the right to
and declaring the stated limits of liability not applicable. The same deletion was affected engage in public transport or common carriage (Id.).
by the Montreal Agreement of 1966 itb.theult that a passenger could recover
unlimited damages upon proowillful m scond—ct-t(Alitalia v. Intermediate Appellate Q: Discuss the Right of succession
Court, G.R. No. 71929, D embe 4, 19 ANS: Right of succession is the capacityof a corporation to have continuity of existence
despite the changes of the pers@jk..,,h9'c,qmpose it. Thus, the personality continues
despite the change of stockholdetS,'Mdrnb6re, board members or officers (SUNDIANG
& AQUINO, Reviewer, supra at 185)i-1-- •
LAPPIN: -4
13.
Q: May a corporation be,Raity to a pgrtnership?
ANS: No. A corporatioacanonly act through its duly authorizetrofficers and agents, and
A. GENERAL PrICIP ES should not bound by the pcts of anyqrie eke, while in a partiffshjp, each member binds
-1 the firm when actinRivithiNtheoscope of partnership business. In entering into a
Q:=What is a corpptation? partnership, the identity oflrielcorporatio4s lost or merged with that of another and the
ANS: A corpoiPloki an rti aving the right of direction of itsaffairs is Rfaced in other ilignds than those provided by the law of its
ty
succession, and ,firpowe orized by law or creation (J.11/01ascp„.ei% Inc; Bolangs, G.R.,i)49:,4749A5,40631,28, 1954, citing
incident to its eRieterfc (C Wyoming-Indiana Oil Gakgri, v Wkafon, WA.L.R., 1043 •
•-•ss
Q: What are the attributes of a cot oratign I- a
Exception: A co rporationmay,,enterfntoa joint venture with another, when the nature of
ANS: The attributekof the .apr2oia.k. AL p that venture is in lingwith thusiness authorized,by their charters. Thus, a corporation
1. It is an Artifikal beiiig)u th ses -rata-and uricficalpponality; may be represented by notfier person, ri441.fprvridjcal, in a suit in court, where there
2. It is a creaturevphd.feri , AV is nothing in the recordeindicaldpetstliiNentOrein.-wie l Ahe former is represented by
3. It enjoys the rightVitcgpssiorikaijd b the latter as its managing partner; not in line with the corporate business of either of
4. It has the powers, attributes, \a/idro „sties Expressly authorized by law or them (Ibid.). Pit
incident to its existence (CORPORA-7` ON CODE, Sec. 2). Note: Under the Revised Gorpbration Code, effective February 23, 2019, any person,
partnership, association, or corporation, singly or jointly with others but not more than 15
Q: How are corporations created? in number, may organize a corporation for any lawful purpose or purposes (REVISED
ANS: Corporations are created through: CORPORATION CODE, Sec. 10).
1. General Law — private corporations are generally created under the provisions
of the Corporation Code. This is done by filing the appropriate Articles of Nationality of Corporations
Incorporation with the Securities and Exchange Commission; the life of the
Q. What are the rules for determining the nationality of a corporation?
corporations starts from the issuance of the Certificate of Incorporation.
ANS: The tests for determining the corporate nationality of a corporation are:
2. Special Law — public corporations are created through special laws called
1. Place of Incorporation test; and,
charters. Private corporations cannot be created by special laws.
2. Control test (DE LEON, Corporation Code, supra at 753-754).
Exceptions: Government owned or controlled corporations which are actually
private corporations. (SUNDIANG & AQUINO, Reviewer, supra at 184-185).
Q: What is the "Place of incorporation" test?
ANS: Under the place of incorporation test, a corporation is a national of the country
Q: May a corporation be incorporated by mere consent?
under whose laws it has been organized and registered, regardless of the nationality of
ANS: No. Corporations cannot come into existence by mere agreement of the parties as
the majority of its stockholders. In the Philippine jurisdiction, this is the principal test of
in the case of partnerships. They require special authority or grant from the State. This
nationality of a corporate entity embodied in Sec. 123 of the Corporation Code
power is exercised by the State through the legislature, either by a special incorporation
(VILLANUEVA, Corporate Law, supra at 55).
law or charter which directly creates the corporation or by means of a general

72 73
Q: What is the control test? coupled with 60 percent of the voting rights, must rest in the hands of Filipino nationals
ANS: Under the control test, the nationality of the corporation may be determined by the (Roy III v. Herbosa, G.R. No. 207246, Resolution of April 18, 2017).
nationality of the majority of the stockholders on whom equity control is vested based on
the theory that they would be able to elect the majority of the Board of Directors The Control Test, as applied to domestic corporations, when required, is a two-tiered
(VILLANUEVA, Corporate Law, supra at 55). test, requiring the simultaneous compliance with the (1) Voting Control Test and (2)
Beneficial Ownership Test (Roy III v. Herbosa, Decision, supra).
Under the control test, a corporation organized under Philippine law shall be regarded
as a Philippine national if at least 60% of its voting shares is owned and held by Filipino For a corporation to be considered a Philippine national, the following must concur:
citizens. Otherwise, it is still foreign (R.A. No. 7042, otherwise known as the Foreign 1. Filipino citizens own at least 60% of stocks with voting rights (regardless of the
Investments Act of 1991, Sec. 3(a)). nomenclature of shares); and
2. Filipino citizens have full and beneficial ownership of at least 60% of the
Q: Are the two tests for determining nationality used interchangeably? outstanding capital stock, whether the stock is entitled to vote or not (Id.).
ANS: No. The place of incorporation test is the primary and general test to be used in
determining the nationality of a corporation (CORPORATION CODE, Sec. 123). The Thus, for purposes of determining compliance with constitutional or statutory ownership
control test is an exceptional test used only: (1) in times of war; or (2) in determining requirements, the required percentage of Filipino ownership shall be applied to both-
compliance with constitutional anc .....gtatutoWaeign equity restrictions (Narra Nickel 1. the total number of outstandingteipres of stock entitled to vote in the election
Mining & Development Corpt!raRedmoryt onsoli ated Mines Corp., G.R. No. 195580, of directors; and sTru .11
April 21, 2014). 2. the total number of outstairding'ehares of stock, whether or not entitled to vote.
(Id.).
The control test caplet owl:00e the place of incorQoration ev,et. If a corporation is
organized and incorpor'41abroadritrnidered,e. foegi corporation regardless of The pronouncement in the Heirs) of yknOnamgaves (Resolution, supra) that the
proportionate equ sw9e shiribetwe9n &and foreigners except when it is wholly constitutional requirement onViPinovPylinersiiip;Stiburdgapauniformly and across the
owned by Filipin s (RW. No. 7042, Sec. 3 p)). board to all classes of shAile'regardless 'If nomenclature artpategory, comprising the
capital of a corporation,Teobiter dictum-(Roy III Herbosa, Resolution, supra).
Q: When is the to-blrol test applied t ,;;j, •
ANS: This testis for AorpertibPs organizes forJthe purpos▪e ▪o exploiting natural Q: Illustrate the awlidabonz,of the Tvi.-Tiered Control est under the Foreign
resources, owpingrerild oper ting mass medial radvgrtising, and other Investments Act.0" PA
corporations sclIfectito focei equity l'eet *lions undeppp. 11 of Article XII and Sec. ANS: As illustrated in Roy ill v. Herbosa (Decision, supra
11 of Article Itottb‘.Co No 2'07246, Decision of f*Arl • t?
R.PY Sample Rjoures:,w,
November 22, 164,6):" XYZ Corphas 300,putanding.ehareSdistributed initelkiNiying classes:
100 comnnorgsliate,e5livith: votingVight0
This test is also applie (War me Test) (Fili Inas Compania De 100 preferred shares wiKvoting right8i(Class A)
Seguros v. Christ G.R. ' o. L 2Ma3 ). 100 preferred sRares withOut voting rigbtegClees K)
Q: What is the purpose 041R69° requiremerit?-c1/4‘, XYZ Corp. is Filipino iffvilipino citizens Idgarantl-b6neficial ownership of 180 of
ANS: The purpose is to env:lathe corplorati sisrklIaseociations allowed to operate a the total outstanding shares ofqiiah 120 shares must be some combination of common
public utility or industries irr
lbue teretes are effectively controlled by and Class A shares.
Filipino citizens. It is imperative that —el le cml ownership must ultimately be in the 1. If Filipino citizens- 'own less than 180 outstanding shares, then immediately,
hands of Filipinos. Any attempt to defeat the same shall be subject to sanctions imposed Filipinos legally and beneficially own less than 60% of 300 outstanding shares.
under applicable law, rules, and regulations (Narra Nickel Mining & Development Corp. a. Example is when Filipinos own 50 shares of each class and thus only
v. Redmont Consolidated Mines Corp., supra). 150 of the outstanding shares.
b. In such case, Filipinos legally and beneficially own only 50% of the
Q: What is the basis of computation of the 60-40 percentage requirement? capital of the company.
ANS: The term "Philippine national" shall mean x x x a corporation organized under the c. Voting control is immaterial as beneficial ownership is not with Filipinos.
laws of the Philippines of which at least sixty percent (60%) of the capital stock The corporation is foreign.
outstanding and entitled to vote is owned and held by citizens of the Philippines 2. Even if Filipino citizens own 180 outstanding shares or more, but of those
(Republic Act No. 7042, Sec. 3(a)). shares so owned, less than 120 are able to vote, then Filipinos do not have
voting control in the corporation (60% of 200 voting shares = 120)
In effect, the FIA clarifies, reiterates, and confirms the interpretation that the term a. Example is when Filipinos own 60 common shares, 50 Class A shares,
"capital" in Section 11, Article XII of the 1987 Constitution refers to shares with voting and 80 Class K shares.
rights, as well as those subject to full beneficial ownership of Filipinos (Heirs of Gamboa b. Thus, Filipinos own 190 of the outstanding shares but only 110 of the
v. Teves, G.R. No. 176579, Resolution of October 9, 2012). voting shares.
c. In this case, since Filipinos only own 110 shares with voting rights,
The Supreme Court held, in no uncertain terms, that what the Constitution requires is even if Filipinos have full and beneficial ownership of more than 180
that full and legal beneficial ownership of 60 percent of the outstanding capital stock,

74 75
 outstanding shares, they do not have control of the company. XYZ Q: ABC Co. was organized as holding company, particularly for XYZ Co. The
Corp. will be deemed foreign. equity of ABC is originally 70% Filipino and 30% foreign. ABC Co. was granted
3. Sample combinations of ownership which are compliant with the two-tiered authority by the BOI to accept additional Chinese investors thereby increasing its
test foreign equity to 55%. It is contended that because of this XYZ Co. no longer
a. Sample 1: Filipinos own 80 common shares, 60 Class A shares, and 60 meets the nationality required for operating a public utility. ABC Corp. owns 70%
Class K shares. of the equity of XYZ and the remaining 30% is further of Filipino investment.
i. 200 of the outstanding shares and 140 of the voting shares. Assuming all shares involved are voting shares, is the contention correct?
b. Sample 2: Filipinos own 100 common shares, 50 Class A shares, 35 ANS: No. Applying the Grandfather Rule, the percentage, of effective Filipino stock
Class K shares. ownership in XYZ Co. may be computed as follows:
I. 185 of the outstanding shares, 150 of the voting shares.
c. In both cases, Filipinos own more than 60% of the entire outstanding Step 1: Determine Foreign-Equity ownership in Parent Company
capital (>180 of 300), and more than 60% of the voting power in the In ABC Co.
corporations (>120 of 200) Foreign Equity = 55%
Filipino Equity = 45%
Q: What is the grandfather rule? 1•
ABC Co. is not a Filipino-owned corporation. Only 45% of the shares owned by
ANS: The 'grandfather rule' is used tcet§o
zning the nationality of a corporation (the ABC Co. in XYZ Co. will be considered Filipino. The other 55% of the shares
parent) which owns stocks inq,poth'el'corpo atir qthe4arget/subject). Shares belonging owned by ABC Co. in XYZ Co.fwirOeemed foreign-owned
to (parent) corporations o p-artn [ships at I a t 6;b'Yfo011t capital of which are owned Note: If Filipinos owned 60°01imiorp.4of ABC's outstanding stock and entitled to
by Filipino citizens (th graridta,%%)sha Liiie_coizsiderera • of Philippine nationality. vote, then 100% of ABC's shares,in;XY_Z will be treated as Filipino shares.
But if the percentageFiliownership
/f. p* in th'•(paretlit) col; option or partnership is
less than 60%, on tti.e& be! ofoshareFcorreszLAigg o-suc4, percentage shall be Step 2: Determine the Foreion, viti
EquitV thi:ZParent,C4
ompanvo
Tin Target Company
counted as of INpp ne at onali (Na ra Aiipker velopment Corp. v. In XYZ Co.
Redmont Cons° Ida* mes Corp, s_ pry kL Total Corporate Shgtieholding (Share0j owned by ABC CcO'n XYZ) :73011%
45% of 70%.,.6,0rfed deemed.,41,iqipo = 45% x 70% 1
In other wordsrpndfat er-rule-detefOiies-the-nationali o a arent corporation 55% of 70% owned deemerOdiejgn = 55% x 70"/ = 38.50%
and applies it toA a shares owned4thy-sd'ci
•,,..,;. , ,,,, ji, L._:par,
.),_ corporation PirrtAe target or subject
corporation (id Step 3: Determine Total Fcii4iqn,Equitv o nership in Target Company
1 tz
1 \...,._..." Effectiveyrireign„E„Oity in XYn, 38.56%
For example, BC •Oorp. p, kent)-own--1-00:--shares Osrp_i get/subject). The
foreign equity tel Effectivelq,..iliplip:ETRy in XYZ: ,
liti* oft ABO3,C rp.,91.1b d tey ineid- Ow any of its shares
CorPqrate Filipino Stock 31.59%
in :tar et XYZ Corp. willkpe cqz(siaezegT:Fil OW `reat 60k of parent ABC Corp. is
Individual,,FiliPinoAtock =:30.00.%
owned by Filialpi\s, thenkg11 ItO 0 ha e,5„1 rgef XYZ" Corp are deemed to be
Total = 61.50%
"Filipino". If not, t en onl the pimp Ito ate...A 4r oyhe 100 hares as related to
Filipino ownership ABC Cor0OjtaccIl~orexpiple, if oril 40% of parent ABC
Corp is owned by FiliNos, '-e9 only 40-Wares :target le, if
Conclusion: The Filiplqq4ity in theA...,,. . i§7.1 .50% while Foreign equity is
shall be considered
38.50%. XYZ Co. is stilhFilipino. (S:balrOPEZEttorfibiatiOPCode).
Filipino, while the other 60°..s gribp trev ,f otOrreovir eV shares (Id.).
`-' 1 4 FIB
Q: When should the grandfat ercute1Z6Pit:1;? Doctrine of Separate Juridical Personality
ANS: The Grandfather Rule applies only when the 60-40 Filipino-foreign equity Q: Discuss the doctrine of separate juridical personality.
ownership is in doubt as a result of various indicia that "beneficial ownership" and ANS: Under the doctrine of separate juridical personality, a corporation has a legal
"voting control" of a subject corporation does not in fact reside in Filipino shareholders personality separate and distinct from its individual stockholders or members and from
but in foreign stakeholders through the medium or practice of corporate layering (Narra any other legal entity by which it may be incorporated. By virtue of the doctrine,
Nickel Mining & Development Corp. v. Redmont Consolidated Mines Corp., supra). stockholders of a corporation enjoy limited liability such that the corporate debt is not the
Note: Corporate layering is a means of structuring Companies where by a parent debt of the stockholder (Bustos v. Millians Shoe, Inc., G.R. No. 185024, April 24, 2017).
corporation holds shares in other corporations. Unless used to circumvent the law,
corporate layering is a valid and legal practice in the business community. It is the use Q: What is the Limited Liability Rule (LLR)?
of corporations as stockholders of other corporations in different stages of organization ANS: Under the LLR, a stockholder is personally liable for the financial obligations of the
(id.). corporation only to the extent of his subscription, paid or unpaid. While stockholders are
generally not liable to satisfy corporate debts with their own property, the stockholders
Q: What is the Double 60% rule? may be held liable if they have not fully paid the subscription price, to the extent of the
ANS: The Double 60% rules states that where a (parent) corporation and its non-Filipino amount unpaid (Halley v. Printwell, Inc, G.R. No. 157549, May 30, 2011).
stockholders own stocks in a SEC-registered enterprise (target/subject), at least 60% of
the outstanding capital stock and entitled to vote of both corporations and at least 60%
of the members of the board of directors of both corporations must be Filipino citizens
before the (target) corporation will be considered a "Philippine national" (R.A. No. 7042,
Sec. 3(a)).

76 77
Q: What are the consequences of the corporation's separate personality?
ANS: A corporation's separate juridical personality has the following effects: (LAP-JC) Q: Give examples as to when criminal liability under Sec 144 may be imposed.
ANS: An example of an act punishable under Sec. 144 is the refusal to allow inspection
1. Liability for acts or contracts. — Obligations incurred by a corporation, acting
of the corporate record as specifically mentioned in Section 74 and when foreign
through its authorized agents, are its sole liabilities. Similarly, a corporation
corporation is doing business in the Philippines without license (Id.).
may not generally be made to answer for acts or liabilities of its stockholders
or members or those of the legal entities to which it may be connected (Cease
v. CA, G.R. No. L-33172, October 18, 1979). Q: Who shall be held liable for the criminal acts done on behalf of a corporation?
ANS: The officers of the corporation may be held liable. It is settled that an officer of a
2. Right to bring Actions. — It may bring civil and criminal actions in its own name
in the same manner as natural persons (Civil Code, Art. 46) corporation can be held criminally liable for acts or omissions done in behalf of the
3. Separate Properties. — The properties of the corporation are not the properties corporation only when the law directly requires the corporation to do an act in a given
manner and makes the person who fails to perform such act in the prescribed manner
of its shareholders, members, or officers. In the same manner, properties of
criminally liable. Although the performance of an act is an obligation directly imposed on
the shareholders, members or officers are not the properties of the corporation
a corporation, the responsible officer who performed the act must be the one to assume
(AQUINO, supra at 41).
4. Acquisition by court of Jurisdiction. — Service of summons may be made on criminal liability; otherwise this liability as created by the law would be illusory and would
deter the effect of the law (Sia v. People, G.R. No. L-30896, April 28, 1983).
the president, general manager, corporate secretary, treasurer, or in-house
counsel (RULES OF COUALE .Pule.1.4, Sec. 11).
5. Changes in individ,plotriernbqrsh'p. alrp.oration remains unchanged and Corporate officers or employees, whpicommit crime through a corporation, are
themselves individually guilty of a ;crim6 (Ching v. Secretary of Justice, G.R. No.
unaffected in itaoidenti by ch” ndesJii IsIncr'i • ual membership (DE LEON,
164317, February 6, 2006). Ps

Corporation Ar
CoIlep st e't 2) -.1
fr ), Q: Can a corporation recover moMdarn4ges in a suit?
Q: Can a corporation be eld liable-fortort
. A ANS: As a general rule, a juridical to moral damages because,
ANS: Yes. A cor OC r iop an ltie—helddiabliforiprt, if t e to ioupfict is committed by an unlike a natural person, it cannot exp0e4CerinOWIWIO:ting or such sentiments as
officer or agen uncre he xpresirectioraor aut ori from ke stockholders or
members actin as a, ody or from the'41icectors as the ovt,nih‘ body (Philippine wounded feelings, serious,46nxiety, mentg anguish or moraVshock. However, Article
2219 of the Civil Coilenvy.hich proylciaM for cases wherInriipral damages may be
National Bankf.-gr9.R. No lb b, May f8;
awarded] does not quty,tiether theilaip,tiff is a natural or AriCtical person. Therefore,
For closecomorations, ariitial,poOtio-n** etoppel, trelpporate officer or
a juridical person such es a:lcorpbration cit validly complain lorlibel or any other form
officers who caused the tortuous aCtito,.,.hc9mYnitted in the Melo," the corporation of defamation ..951',0claimitortmoral darriNes for damage fito its goodwill (Filipinas
shall also pet-407611y, liablre'the victi ."-_Vg-loint to *Oa— rs CORPORATION CODE,
Broadcasting ,41etwork, !WY. Ago Mddicat Educational Center-Bicol Christian College
Secs. 21 and 100_(5))) •-,i? of Medicine, posynte„1.41.89A January 17a005) (annotatiio ours]
Note: The Supreme Courtyr-9110-AM th4;':,award of thoAtriltrit*S1'to corporations is
Q: Can a corporation be hel fa1\&.._. for crime r not a hard and fastpleAthet although cdtpprations may fecblier'such damages, there
ANS: No. A corboration‘r ty15e hel l'ab' e sin, it cannot have the
essential element kmalice. Uorecogt-N lire-I 1 iOly must still be prooriplie eiciStence,ibf the factual basis of the damage and its causal
the impossibility, of imposing relation to the defendant's acqi(Crystal v.IBRI,,aR. No. 172428, November 28, 2008).
the penal sanction okmprison—Menton L- *oration, ot$0,,un,dermine the criminal law
system of the country (V4L/AWV1,"'eorporate a 1:11-a _91'45-46).
Doctrine of piercing therorporate,ve71
Exception: The corporatto itself s %krill-Ill [tab eby express provision of law
(e.g. Trust Receipts Law, Anti-Dummy LdWarliP6A- oney Laundering Act). Where the Q: Discuss the doctriffe ot piercing the corporate veil.
business itself involves a violation orraint7M-'8Wrect rule is that all who participate in it ANS: Under the doctrinets0
e piercing of the corporate veil, the court looks at the
are liable (People v. Tan Book Kong, G.R. No. L-35262, March 15, 1930). corporation as a mere collection of individuals or an aggregation of persons undertaking
business as a group, disregarding the separate juridical personality of the corporation
Q: When may corporations be subject to the penalty of fine? unifying the group. Another formulation of this doctrine is that when two business
ANS: Under Sec. 144 of the Corporation Code, violations of any of the provisions of the enterprises are owned, conducted, and controlled by the same parties, both law and
Code or its amendments not otherwise specifically penalized therein shall be punished equity will, when necessary, protect the rights of third parties, disregard the legal fiction
by a fine of not less than one thousand (P1,000.00) pesos but not more than ten that two corporations are distinct entities and treat them as identical or as one and the
thousand (P10,000.00) pesos or by imprisonment for not less than thirty (30) days but same (Kukan International Corp. v. Hon. Amor Reyes, G.R. No. 182279, September 29,
not more than five (5) years, or both (CORPORATION CODE, Sec. 144). 2010).
Note: The violations referred to in this Section should cover only mandatory provisions NOTE: For the separate juridical personality of a corporation to be disregarded, the
(i.e. Sec. 74, par. 3) in the Corporation Code, non-compliance of which is intended by wrongdoing must be clearly and convincingly established. It cannot be presumed. Mere
the legislature to constitute a criminal offense subject to penal sanctions. ownership by a single stockholder or by another corporation of all or nearly all of the
Note further: In addition to specific penalties or sanctions provided by the Code for capital stock of a corporation is not in itself sufficient ground for disregarding the
violation of any of its provisions or amendments thereto, the Code expressly provides separate corporate personality (Uy v. Villanueva, G.R. No. 157851, June 29, 2007).
under Sec. 144 a general penalty for violations not otherwise specifically penalized
therein.
Q: When does the doctrine of piercing the corporate veil apply? Q: What are the indicia that a subsidiary company is merely an alter ego of its
ANS: The doctrine applies: (DJ-ProDeA) parent corporation?
1. When the corporate fiction is used to Defeat public convenience or evade an ANS: A combination of 2 or more of the following circumstances, taken together, may
existing obligation; be indicia that a subsidiary corporation is but a mere instrumentality or alter ego of its
2. When the corporate fiction is used to Justify wrong; parent corporation:
3. When the corporate fiction is used to Protect fraud; 1. The parent corporation owns all or most of the capital stock of the subsidiary.
4. When the corporate fiction is used to Defend a crime; or 2. The parent and subsidiary corporations have common directors or officers.
5. In Alter ego cases, where the corporation is so organized and its affairs are so 3. The parent corporation finances the subsidiary.
conducted as to make it merely an instrumentality, agency, conduit, or adjunct 4. The parent corporation subscribes to all the capital stock of the subsidiary or
of another person or corporation (Sarona v. National Labor Relations otherwise causes its incorporation.
Commission, G.R. No. 185280, Jan 18, 2012). 5. The subsidiary has grossly inadequate capital.
6. The parent corporation pays the salaries and other expenses or losses of the
Q: What are the different classifications of "piercing the corporate veil" cases? subsidiary.
ANS: The different classifications of piercing the corporate ,veil cases are: (FADE) 7. The subsidiary has substantially no business except with the parent
1. Fraud cases- the veil of separate corporate personality may be lifted when corporation or no assets except those conveyed to or by the parent
such personality is used to_iustifv-wrono, protect fraud or defend crime• or corporation.
used as a shield to orate the I giti irisskies (China Banking Corporation 8. In the papers of the parept,q0.fitFation or in the statements of its officers, the
v. Dyne-Sem Ele GR o
44, .
j7, I‘Ittnrikt 2006); subsidiary is described Fa VOrtme
nt or division of the parent corporation,
2. Alter ego ca ondult-Gases)1the co pcirete entity is a mere farce or its business or finaridiah'iaponsibility is referred to as the parent
since the rorpoti""ii merely the 'ter e so, business conduit, or corporation's own. WQ:3
instrume9 alp o 1 ersorrorgiqtfferentit Co cep(„Sliders, Inc. v. National 9. The parent corporation yfie;si.409':;%p..e.rtyisf,,the subsidiary asits own.
Labor el cgs onimissioEs GyX Nort108 14 1 ,Naye-29 11:996): 10. The directors or execptiveS?tieYtatiSidi441210pact
Wt independently in the
3. Defeo of pubj c c nvenience cased whe theNcqrporgte fiction is used as interest of the subsidiary but take their orders isbni t be parent corporation.
a veh' i9 for 9asio of existingiOli ations V.); 11. The formal 10Wrequireme4sA the subsidiary arernot observed (Philippine
4. Equi X National Banp.. pitratto
- wh n piercing tile corpora e fiction is necessary to achieve G.R. No. 142„616,1/ely 31, 2001).
justicroN9quity. "tEquit'Sic'Ty, 09446.K-ell where no friud or alter ego Note: However, the 99tr e-r alVe.31's still to t6e effect that if usedifortjegitimate functions, a
circutistan'* can be culleg-4945rarit piercing ab-v4 People, G.R. No. subsidiary's sep91ate exigtence, shall b4prespected, and the liability of the parent
168309lupb 1 ). corporation asigell as the subsidiarylvill Wponfined toithosqarising in their respective
r n c,4, 1,3
Q: What are thtelemespts (04\ onOtie ecOrgra 1-c-11
ercing cases?
business (Mq,21.71
: dolditigcifta_y. Bejar, G.RWo. 1534718/CctRber-194p12).
40.7s '44. 1
r• 4 .11TN. -
ANS: The following are the electpn IFOU Q: What are the:ipipetZejactors considered in alter egolcaSes?
1. There Nst have beenF \_ tho e in Oe affected transaction. Mere ANS: The probati‘kfatfOrs d- b.nsider;dd arl:i;(01C-B)
proof of control of the ckera p lf dYnot auttgrize piercing. 1. Stock Ownership bYspne or comtfor;r9wn9rship of both corporations;
Note: Ther 's alwRX-an maliceo r eyign5Rie in fraud cases (Id.). 2. Identity of direplpsefand
2. The main acti2nrIboua7seek-fop-thell,rstient of Pecuniary claims 3. Methods of CvfductingtItteiffaineiOari --
pertaining to the r oration again,tt dor ota icers or stockholders; and 4. Manner of keeping 0-Orate Books and records (Concept Builders, Inc. v.
3. The corporate enti 4s- beeit\00' he perpetration of the fraud or in NLRC, G.R. Not, ,108734, May 29, 1996).
justification of wrong, or 15-escape personal liability (VILLANUEVA,
Corporation Law, supra at 111). Q: What the jurisdictional requisites before the corporate veil may be pierced?
ANS: As a matter of due process, the corporate veil may only be pierced when:
Q: What are the tests to determine the application of the Alter Ego Theory? 1. The court has properly acquired jurisdiction over the corporation involved; and
ANS: The three-pronged tests are: (CFC) 2. It was shown after a full-blown trial that the grounds to do so exists in fact and
1. Instrumentality or Control test - CONTROL, not mere majority or complete law (Kukan International Corporation v. Reyes, G.R. No. 182729, September
stock control, but complete dominion, not only of finances but of policy and 29, 2010).
business in respect to the transaction attacked so that the corporate entity as
to this transaction had at the time no separate mind, will, or existence of its Q: How is the veil of corporate existence pierced? (2004 Bar)
own; ANS: The court may pierce the veil-
2. Fraud test - such control must have been used by the defendant to commit 1. By disregarding the separate personality of the subject corporation; and
fraud or wrong in contravention of plaintiffs legal rights; and 2. By holding the corporate officer liable for the corporate obligation (Francisco v.
3. Harm/Causal Connection test - The aforesaid control and breach of duty must Mejia, G.R. No. 141617, August 14, 2011); or
proximately cause the injury or unjust loss complained of (Concept Builders 3. By regarding the corporation as an association of persons or in case of two
Inc. v. NLRC, 257 SCRA 149 (1996]). corporations, treat them as one) and hold them liable as such (Development v.
CA, G.R. No. 126200, August 16, 2001).
B. STOCK VS. NON-STOCK CORPORATIONS C. DE FACTO CORPORATIONS AND CORPORATIONS BY ESTOPPEL
Q: What are the classifications of corporations under the Corporation Code? Q: What is a de facto corporation?
ANS: Corporations are classified as: ANS: A de facto corporation is a corporation organized with a colorable compliance
1. Stock Corporation; and with the requirements of a valid law, and its existence cannot be inquired into except by
2. Non-stock Corporation (CORPORATION CODE, Sec. 3). the Solicitor General in a quo warranto proceeding (CORPORATION CODE, Sec. 20).

Q: What is a stock corporation? It differs from a de jure corporation in that the latter is created in strict or substantial
ANS: A stock corporation is one which has capital stock divided into shares and is conformity with the mandatory statutory requirements for incorporation.
authorized to distribute to the holders of such shares, dividends or allotments of the
surplus profits on the basis of the shares held (CORPORATION CODE, Sec. 3). Q: Are all acts of a de facto corporation invalid?
Note: Even if the by-laws do not authorize the distribution of dividends, a stock- ANS: No, as a matter of public policy, the acts of a de facto corporation are deemed
corporation may still distribute dividends to its shareholders as such power is expressly valid until its existence and due incorporation are inquired into by the Solicitor General in
granted under Sec. 43 of the Corporation Code (VILLANUEVA, Corporate Law, supra at a quo warranto proceeding. Its existence cannot be inquired into collaterally for the
79). purpose of nullifying its acts (CORPORATION CODE, Sec. 20).
Q: What are the requisites in order fora corporation to be considered de facto?
Q: What is a non-stock corporation? ANS: The requisites are: (VAE) ,,:i4
ANS: A non-stock corporVon ik one whe).ep part of income is distributable as 1. There is a Valid law underAtta corporation with powers assumed might be
dividends to its membecsdrusteenr officers ( Ofilfreet, TI0,41 CODE, Sec. 87). incorporated;
7..'';'..',1:•;',A
Note: Any profit which o rioestc5ckorc-arMilmtr obtain „a\sIncident to its operation 2. There is a bona fide AtterTippt9',.oygmnize a corporation under such law;
shall, whenever necesVry pyrirp29,.. - be-used forlheAneranpe of the purpose or 3. Actual use or Exercise in; good fait ofAprporate Rpyvers conferred upon it by
purposes for whiclwrporatidn was or6anizeZ CORPORATO CODE, Sec. 87). law (Seventh Day AdykritistkOrger6Tagtvqh„inSouthern Philippines, Inc.
IPX \
Q: What are thiessenfitial requisites of.epon-stock iorporetioy?
v. Northeastern Mindanao - Mission of Seventh;DaY;Adventist, Inc., G.R. No.
.
150416, July 244006).
..::
A
f;
ANS: A non-st9ck-srporatioThas-the.trilia)Mhg-essenty requiFteV Note: If, after the inpsrppration, th,eirtcorporators discovered , that they have not
1. It does' ave a capita4toqk layided,,i to shares QORPIRATION CODE, complied substantially4#4, law argAstill continuedltraniacting business as a
Sec rsit "-k; corporation, withol yyaoinglt.4'y'thing to correct the defect, the `1..privilege of de facto
-21'a
2. No part< incpm distriblitable7as divide ge.to it r'nenlb ers (Ibid.); and existence can Loiter be invoked'(DE,L.EONACorporation,Code, supra at 193).
3. Non-ttock rpr3 ns-mustlbrimed-or- gC tpizei or charitable, religious, 6s.,,,.:• , .,,
till f' e
educktrucl) pro cNurr qrzter kf:,'1) era , scierific, social, civic Q: Do the stoAklioldeei,biti.meMbers of de factottiirOO6tibii4nenjoy the privilege
service4 or snilal-48reQsg er-,•indue,ry, agpcultural and like of limited liability?.i, e1,- -,,,,K
''-'1 ,.1
chambers,or aily corripirjatN vf 13POR TION CODE, Sec. 88). ANS: Yes. StochPlcier.OfaZde factd/corOkration enjoy o exernagfr m personal liability
\\, ef v.erte:144:10):1,-, ock corp,oration?
for corporate obligitiCins kl
do itockhAers of de jure corporations (DE LEON,
Q: May a stock corporation beNco Corporation Code, supra at 190)
ANS: Yes. A stock cc),Rpra4icifr-P n% Lwa "6-7; vetted t dh-stock corporation. The
.,.,,,..-r
conversion can be done'sqpiy(6),-amenPing of .the ‘.N.
rficLks of Incorporation (A01). The Q: Give examples ofkdefectsMhich do not preclude the creation of a de facto
effect is that, after converson,lietstockNICIr oho beame the members of the non- corporation.
stock corporation will no longer haveyp.e.ouniary interest in the corporate assets. ANS: The following are examples of defects which do not preclude the creation of a de
Neither are they entitled to any share in the profit that may be obtained out of the facto corporation:
operations or activities of the non-stock corporation (SEC Opinion dated July 19, 1999). 1. The articles of incorporation fail to state all the matters required by the Code to
be stated, or state some of them incorrectly;
Q: May a non-stock corporation be converted to a stock corporation? 2. The name of the corporation closely resembles that of a pre-existing
ANS: No. Non-stock corporations may not be converted to stock corporations. corporation that it will tend to deceive the public;
Conversion, whether by amendment or other methods, would be inconsistent with the 3. The incorporators or a certain number of them are not residents of the
nature of the non-stock corporation because the same will have the effect of distributing Philippines;
the assets of the non-stock corporation to its members so that the latter can become its 4. The acknowledgment of the A01 or certificate of incorporation is insufficient or
shareholders. This scheme would effectively defraud persons who may have contributed defective in form or it was acknowledged before the wrong officer (8 Fletcher,
donations, gift, or grants to the corporation for the pursuit of its corporate purposes. The pp. 108-113);
stockholders, if they really want to do business through a stock corporation, must 5. The percentage of Filipino ownership of the capital stock required for the
instead dissolve the non-stock corporation in accordance with the provisions of the business is less than that prescribed by law;
Code and incorporate a new stock corporation. There would be no "conversion" to 6. The minimum paid-up capital stock has not been paid to and received by the
speak of because the non-stock corporation does not continue to exist (SEC Opinion corporate treasurer contrary to his affidavit; and
dated February 24, 1989). 7. The failure to submit its by-laws on time (Sawadjaan v. CA, G.R. No. 141735,
June 8, 2005).
Note: The filing of A01 and the issuance of certificate of incorporation is essential for the
existence of a de facto corporation (Hall v. Piccio, G.R. No. L-2598, June 29, 1950).

82 83
Q: Discuss the Doctrine of Corporation by Estoppel. Q: What is the rationale of the Doctrine of Centralized Management?
ANS: The doctrine of corporation by estoppel (also known as ostensible corporations) ANS: The concentration in the board of the powers of control of corporate business and
applies only in two instances. of appointment of corporate officers and managers is necessary for efficiency in any
1. Against the unincorporated association. large organization. Stockholders are too numerous, scattered, and unfamiliar with the
a. An unincorporated association, which represented itself to be a business of a corporation to conduct its business directly. And so the plan of corporate
corporation, will be estopped from denying its corporate capacity in a organization is for the stockholders to choose the directors who shall control and
suit against it by a third person who relied in good faith on such supervise the conduct of corporate business (Filipinas Port v. Go, G.R. No. 161886,
representation (Lim Tong Lim v. Phil. Fishing Gear Industries, G.R. No. March 16, 2007).
136448. November 3, 1999).
b. The association, or its members, cannot allege lack of personality to be Q: Can an individual director exercise corporate powers solely?
sued to evade its responsibility for a contract it entered into and by ANS: The answer must be qualified. As a rule, a director cannot arrogate unto himself
virtue of which it received advantages and benefits (Id.) the exercise of corporate powers. However, just as a natural person may authorize
2. Against a third person who transacted with the unincorporated association as another to do certain acts in his behalf, so may the board validly delegate some of its
a corporation knowing it to be such. functions to individual officers or agents. Absent such valid delegation, the rule is that
a. A third party who, knowing an association to be unincorporated, the declarations of an individual director relating to the affairs of the corporation, but not
nonetheless treateda ration and received benefits from it, in the course of, or connected with the performance of authorized duties of such
may be barrec1.ffc7n &lying 'itsfor - rate existence in a suit brought director, is held not binding on the cqspqrRtion (AF Realty & Dev't v. Dieselman Freight
against, tXtiled'ed corppoliof($1.) Services, G.R. No.111448, JanuarAlt2002).
In c se, p1,611`05,e.who.banatiled f59914 e transaction made by the
Exception: For the purpose of lirriini§tgfirig and managing, as trustee, the affairs,
b. ost bp •plporalion, despite knowidge.sicits legal defects, may be
e 9i
property, and temporalities of anyireNiOAdenomination, act or church, a corporation
held rabid dr co tractrtEritripliedly asstted io or took advantage of sole may be formed by the chef 9.,(6t14WITikop,,_Kieg, minister, rabbi or other
presiding elder of such religious
e eon, sector etiabiiNCORPORAT/ON CODE,
c. he nne applie to 4thigparty nly lqii)en he, tries to escape a
Sec. 110) k Afk
on a contract frcipThich he as b% efirte s i on the irrelevant R.
Note: A second exception Is now provIdk under the Revi$6d Corporation Code in the
gTiomid of diec ive incorporation ( n efnationaS,jprqss Travel & Tour form of One Person ,Corporations
orporationsO(RSED
O CORPORA-141 CODE, Sec. 121,
Servibes, Inc. vX4Bryt 6f(4p7fells, G.R. do.'" 119002, October 19,
8 effective February 23,%2019)1r
2000 ,
4=4„4
Q: Are thereihStancesrwhen corp6rate powers can exercise by persons other
Q: Who will b‘lia ig. 'n a cp3pgratio 559PPe pt . than the Boar Diredtors?
`4,Z1V'
ANS: All perso KO ssu el a,t psf q:ii-VOr4tiok owing it tol?,e without authority ANS: Yes. Thetfollowin9,9*he instances:-.
to do so shall b liable ae‘generil aqie s fo ' IA -, li
,allties and damages incurred 1. In case4,,,r1910xecutke c9Elmittee duly authorized in the by-laws
or arising as a result th reoe\c ,..
ro,.is1 d That when 9t-iy such ostensible (CORPORATION CODE, Sec. 35);
corporation is suekon an ,Lan a62torrie ceFk>b it as a corporation or on any tort •
2. In case of a contracted manageowygehzmpy be an individual, a partnership, or
committed by it as sbc.,p, it spalltn,o,,,,,..1-all d-to9.seaslp}terse its lack of corporate another co rp olqpri(CORPOROON4 CRL;;?,SRc.. 44); or
personality (Lim Tong higi-a.i.ilifyine.Fishing*GearSind_ast es, Inc., supra, citing Sec. 3. In case of close corRoradridn,tlitdckhadei-s' may directly manage the
21 of the CORPORA TIO ). ..)--
business of thg corpOkiOn instead, if the articles of incorporation so provide
(CORPORATIC)N;CODE, Sec. 97).
a BOARD OF DIRECTORS AND TRUSTEE Business Judgement Rule
Doctrine of Centralized Management
Q: Discuss the Business Judgment Rule.
Q: Who exercises the corporate powers of the corporation? ANS: Under the Business Judgment Rule, courts cannot undertake to control the
ANS: The corporate powers are exercised by the board of directors or trustees discretion of the board of directors about administrative matters as to which they have
(CORPORATION CODE, Sec. 23), unless otherwise provided under the Code as with the legitimate power of action, and contracts infra vires entered into by the board of
close corporations and corporations sole (CORPORATION CODE, Secs. 97 and 110). directors are binding upon the corporation and courts will not interfere unless such
Note: Under the Revised Corporation Code, a single stockholder shall be the sole contracts are so unconscionable and oppressive as to amount to a wanton destruction
director and president of the One Person Corporation (REVISED CORPORATION of the rights of the minority (Gamboa v. Victoriano, G.R. No. 40620, May 5, 1979).
CODE, Sec. 121, effective February 23, 2019).
Q: What is the rationale behind the Business Judgment Rule?
Q: Discuss the Doctrine of Centralized Management. ANS: Courts and other tribunals won't override the business judgment of the board
ANS: Under the Doctrine of Centralized Management, all businesses of the corporation mainly because courts are not in the business of business, and the laissez faire rule or
shall be conducted and all its properties shall be controlled and held by the Board of the free enterprise system prevailing in our social and economic set-up dictates that it is
Directors or Trustees. A corporation can act only through its directors and officers (Tan better for the State and its organs to leave business to the businessmen; especially so,
v. Sycip, G.R. No. 153468, August 17, 2006). when courts are ill-equipped to make business decisions. More importantly, the social
contract In the corporate family to decide the course of the corporate business has been
vested in the board and not with courts (Ong Yong v. Tiu, G.R. Nos. 144476 & 144629,
April 8, 2003).
84 85
Q: What are the requirements for Business Judgment Rule to shield the directors a. Are guilty of conflict of Interest to the prejudice of the corporation, its
from liabilities? stockholders or members, and other persons;
ANS: The business judgment rule shields the directors only if the following requirements b. Act in glad faith or with gross negligence in directing the corporate
are present: affairs;
1. The presence of a business decision including decisions on policy, c. Vote for or assent to Patently unlawful acts of the corporation
management and administration; (AQUINO, Corporate Law, supra at 309).
2. The decision must be intra vires and must comply with the procedural and
substantive requirements of law; Q: When is there disloyalty by a director or trustee?
ANS: There is disloyalty when a director or trustee attempts to acquire or acquires, in
3. Good faith;
4. Due care in making the decision; and violation of his duty, any interest adverse to the corporation in respect of any matter
5. The director must not have personal interest or not self-dealing (AQUINO, which has been reposed in him in confidence as to which equity imposes a liability upon
him to deal in his own behalf (CORPORATION CODE, Sec. 31).
Philippine Corporate Law, supra at 251-252).

Q: Are the directors liable for a corporate act done pursuant to a valid corporate Q: What is the penalty of a director or trustee who commits acts of disloyalty?
ANS: Directors or trustees who acquire any pecuniary or personal interest in conflict
objective but later on became unfavorable to the corporation?
ANS: No. Questions of policy or mgagemenLaz left solely to the honest decision of with their duty as such directors or trustees shall be liable jointly and severally for all
damages resulting therefrom (CORPORATION CODE, Sec. 31, par. 1).
officers and directors of a c5poralibn aid -thelcovrts without authority to substitute
their judgment to the judgment 'Athe bckeigi. rejboa7d)riakthe business manager of the
.good.fa hits ore not reviewable by the Moreover, he shall be liable as a;:,triieteM4r, the corporation and must account for the
corporation and so lo g4it‘a,ct
Courts or the SEC.; e dire* are also not liable t he ' tikkholders in performing profits which otherwise would haVer4*LAdko the corporation (CORPORATION CODE,
Sec. 31, par. 2) This rule is sometitheOfelfeteci-to.-as a "claw back" penalty.
such acts (Monteli 5no acolo ,MareigMillfrrgq-G 092 May 18, 1962). 'Vgg
) v1" Q: Are officers liable forthetriminal*tp done onISehelfp'1. the corporation?
Duties, liabNties, andresponsibilitKof Directors or Trusteesifor unlawful acts
ANS: Yes. The officers0tfie corporatipAnay be held liablaWs settled that an officer
Q: What are tirifidliclary d4ties_of_dire.ctrirs or trtistees? CP of a corporation can beheld criminagli4e for acts or omissions done in behalf of the
ANS: A director oritru4tee ha threefold d&ies. III -E
..,,(0?) corporation only whedfhellWirebtly requires j the corpqratipn 'to do such an act in a
1. Dutyprotylience embodied imi6ectio 25, which s tes th t the directors or given manner ands...the sarOelyv, makes trip person whoffailsi to perform the act in the
trusrandi offs to beic161p-cieSts , pe o thel;du ie enjoined on them prescribed manner criminally liable (Sia v.Nople, supra?).
by la\v tionr-and- e"-es ol tions fl the stockholders P .t*,
in meVtiv's)lioth NOlar‘ and pe ill;) Q: May a corttoraieoffibers who §jone(i):e check iiiiii.b_ehall*Ahe corporation be
2. Duty ot royalty er-g64aked mrS c orib , o ,interes ), Section 32 (self- held personallykliablefOi.kouncilig'chep:ks under BP'22?,V1,P>''."
dealind1/4 directoo), `SFrct„,,,3.3 (i t rl ng directors)/ and Section 34 ANS: Generally,n4e.tolocKbolders: andk.,-dfficers are not personally liable for the
(usurpatf n of krporak- usin p rtunyr essentially state that the obligations of the corporation except only when th.eyeil of corporate fiction is being used
director o es loyglty hrld(AfegATO >the corporation, a loyalty that is as a cloak or cover foifpfraudYor illegalitykiirk.injustice.
qd.cii Absent any agreement,
•
undivided; and, stockholders and officereshall nopethelddiableacettie?,c6rporation's obligations in their
3. Duty of Diligenqe ehlbodie in ,Svioti •k.....Irectors or trustees who are personal capacity (Bautta v. 4,077"lus Traders, Incorporated, G.R. No. 166405 August
guilty of gross negligence or baflOitit sting the affairs of the corporation 6, 2008). 4

shall be liable jointly andzse ll=damages resulting therefrom suffered

by the corporation, its stockholders or members and other persons (AQUINO, However, Section 1 of BP 22 expressly provides that if the corporation is the drawer of
Corporate Law, supra at 303-308). the check, the person who actually signed the check on behalf of the corporation shall
be personally liable. BP 22 itself fused the criminal liability with the corresponding civil
Q: Are directors and officers solidarily liable with the corporation? liability of the corporation itself by allowing the complainant to recover such civil liability,
ANS: As a general rule, obligations incurred by the corporation, acting through its not from the corporation, but from the person who signed the check on its behalf
directors, officers and employees, are its sole liabilities. There are times, however, when (Navarra v. People, G.R. No. 203750, June 6, 2016).
solidary liability may be incurred when exceptional circumstances warrant such as in the
following cases: (LAW-IBP) E POWERS OF THE CORPORATION
1. When a director, trustee or officer is made, by specific provision of Law, Q: What are the kinds of corporate powers?
personally liable for a corporate action (Tupaz IV v. CA, G.R. No. 145578, ANS: They are the following:
November 18, 2005); 1. Express - those expressly authorized by the Corporation Code, applicable
2. When a director, trustee or officer has contractually Agreed or stipulated to special laws, administrative regulations, and the articles of incorporation;
hold himself personally and solidarily liable with the corporation; 2. Implied - those essential and necessary to carry out its purpose/s as stated in
3. When a director or officer has consented to the issuance of Watered stocks or the articles of incorporation; and
who, having knowledge thereof, did not forthwith file with the corporate
3. Incidental - those that are deemed conferred on the corporation because they
secretary his written objection thereto; or
are incidental to its existence (AQUINO, Corporate Law, supra at 336-338).
4. When directors and trustees or, in appropriate cases, the officers of a
corporation—

86 87
Q: What are the general powers of a corporation? 3. By increasing/decreasing the number of shares and increasing/decreasing the
ANS: The following are the general powers of a corporation (PIMPS-DO-SCAB) par value (AQUINO, Corporate Law, supra at 357).
1. To Purchase, receive, take or grant, hold, convey, sell, lease, pledge,
mortgage and deal with real and personal property, securities and bonds; Q: What are the requirements for the increase or decrease of authorized capital
2. For stock corporations: Issue and sell stocks to subscribers and treasury stock?
stocks; for non-stock corporations, admit members; ANS: The requirements for the increase or decrease of authorized capital stock are as
3. To enter into Merger or consolidation; follows: (NARS-CPFi25)
4. To establish Pension, retirement, and other. plans for the benefit of its 1. Prior written Notice of the proposed increase or decrease of the capital stock
directors, trustees, officers and employees; indicating the time and place of meeting addressed to each stockholder which
5. To Sue and be sued; must be made either by mail or personal service;
6. To make reasonable Donations for public welfare, hospital, charitable, cultural, 2. Approval by the majority vote of the Board of directors;
scientific, civic or similar purposes, provided that no donation is given to any (i) 3. Ratification by the Stockholders holding or representing at least 2/3 of the
political party, (ii) candidate and (iii) partisan political activity; outstanding capital stock at a meeting duly called for that purpose;
7. To exercise Other powers essential or necessary to carry out its purposes; 4. Submission to the SEC for approval;
8. Of Succession by its corporate name; 5. A Certificate in duplicate signed by a majority of the directors of the
9. To adopt and use of Corpcale.seal; corporation, countersigned yx.fskthe l. chairman and the secretary of the
10. To amend its Article,..obicorppration stockholders meeting;
11. To adopt its By-laws ( 0 P0//63)/0 OQE,)Sepc36). 6. In case of decrease in cepital,.gtOck, the same must not Prejudice the right of
Note: Under Section prokiffelHevitedxGorporat ontCope".the,Rower to have perpetual the creditors;
existence and to en e i to\a/patire-rship, joint ventmel u,K .g, consolidation, or any 7. Filing of the certificate with tglf,c; and,

(X
other commercial a ree e Mg a dedlcitFligtof.gene I

1
Q: What are th sai?- c po ers ofc sporation?
V.
ANS: The follovying are he s ecific pow, tstf a corpor‘tion:
er of a corporation. 8. In case of increase in ppitaI.,!0:4r,25%, of suchJncreased capital must be
subscribed and that ayleas625,7. 2trie6MOlintzsubSeribed must be paid either
in cash or property -
Note: The required 25WSubscription,ahallbe based-OnZ;'Litional amount by which
1. Powe1 Ot. trend or en corpora `del n (Cc:1RP° u
-f-'1' CODE, Sec. 37); capital stock is increased and not"" )n the total capital' stock as increased
2. Powqrito-increase or deqease$caOir -stool( and 'Fur, create or increase (CORPORATION c(S.E, seco8). 1
1
bondedInde tedness (CORPOR 7710 1COD,E_,Sec 3 , 1 .5.
'3. PowerTokle y p )3tive rig PORATIA p0 , E, Seg. 39); Q: What is bonded . indebtedness?
o,.., ,t i'
4. Power to pei or dIR se of as et4 (Q,RPQRA:UON f ODElec. 40); ANS: Bonderadebtegnets
.45%, is a ,..secure
.. ilindebtedpepl,orothqse1029,ured by real or
'5. Powektocquire o 'ares:,p irADRcttyco E, Sat 41); personal property th at are ,-covered
that
,y
4,03r,s9i......
iby be,nd certifiCatesq(AQPNOCorporation Lam
-",.::
Ef.-43
'' -145knv"'"-
'6. Powerko invelt ,core Nfld.s n a5"bt . etc rpor on or business or for any supra at 366).
other pt1Kpose oRp Gk. or5& 6. 42). pfeitiNt.
N'' •vqq.
7. Power totleclare divide cV(cen. fii, „ NpODE, Sec. 43); and Q: What are the requirements in orderkto,increase, decrease, or incur bonded
I,,,4...„
8. Power to e'n er into-ma ag Motantract ( OIORFAR TION CODE, Sec. 44).
into- indebtedness? -0,-..,--i
_,,., cc\
Genera/ Powers. and SpecificIPbivers of thetCorp ,ration
9\- ANS: The requirements re the4ame,astforMheexerciseof the power to increase or
decrease a corporation*authoriZed capital stock (Id.).
-", .,.-4- 1111 I-0- .00-
(Note: this section and its contentslp-ALM,ArexnbI explicitly included in the 2019 Bar
Q: What are the requirements in order for a corporation to sell or dispose its
Syllabus but are fundamental in Corporation Law) corporate assets?
ANS: The requirements are as follows: (NARC)
Q: How is the corporate term extended or shortened? 1. Prior written Notice of the proposed action indicating the time and place of
ANS: Corporate term may be changed upon compliance with the following: (NARS)
meeting addressed to each stockholder or member which must be made either
1. Written Notice of the proposed action and the time and place of meeting by mail or personal service;
served to each stockholder or member either by mail or personal service;
2. Approval by the majority vote of the board of directors;
2. Approval by a majority vote of the board of directors/trustees; 3. Ratification by the stockholders holding or representing at least 2/3 of the
3. Ratification by the stockholders representing at least 2/3 of the outstanding outstanding capital stock at a meeting duly called for that purpose; and,
capital stock or 2/3 of the members in case of non-stock corporations; and 4. The sale of the assets shall not be Contrary to the provisions of existing laws
4. A copy of the amended articles of incorporation Submitted to the SEC for on illegal combinations and monopolies and Bulk Sales Law (CORPORATION
approval (CORPORATION CODE, Sec. 37). CODE, Sec. 40).
Note: The vote of the majority of the trustees in office will be sufficient authorization for
Q: What are the ways to increase or decrease authorized capital stock?
the corporation to enter into any transaction authorized by Section 40 in case of non-
ANS: These are: stock corporations where there are no members with voting rights (CORPORATION
1. By increasing/decreasing the number of shares and retaining the par value; CODE, Sec. 40).
2. By increasing/decreasing the par value of existing shares without increasing/ Note further: The Bulk Sales Law regulates any sale, transfer, mortgage, or
decreasing the number of shares; or
assignment of a stock of goods, wares, merchandise, provisions, or materials otherwise

88 89
than in the ordinary course of trade and the regular prosecution of the business, or sale, Q: Can a shareholder intervene in a suit involving corporate assets?
transfer, mortgage or assignment of all, or substantially all, of the business or trade ANS: No. While a share of stock represents a proportionate or aliquot interest in the
theretofore conducted by the vendor, mortgagor, transferor, or assignor, or of all, or property of the corporation, it does not vest the owner thereof with any legal right or title
substantially all, of the fixtures and equipment used in and about the business of the to any of the property, his interest in the corporate property being equitable or beneficial
vendor, mortgagor, transferor, or assignor, shall be deemed to be a sale and transfer in in nature. The interest of a stockholder over corporate assets being indirect, contingent,
bulk (Act No. 3952, otherwise known as The Bulk Sales Law, Sec. 2). remote, conjectural, consequential and collateral and at the very least, is purely
inchoate, or in sheer expectancy of a right in the management of the corporation and to
Q: Is the SEC's approval required before there can be a sale or disposition of all share in the profits thereof and in the properties and assets thereof on dissolution, after
or substantially all of the corporate assets? payment of the corporate debts and obligations (Magsaysay-Labrador vs CA, G.R. No.
ANS: The SEC's approval is NOT required because such power really affects the 58168 December 19, 1989).
business enterprise level of corporate set-up, an area left by the State to the judgment
of management, and does not in any way affect or alter the juridical entity granted by the Q: What are the instances when the corporation can acquire its own shares?
State (VILLANUEVA, Corporate Law supra at 263). ANS: It can acquire its own shares: (EC-PaRC)
1. To Eliminate fractional shares out of stock dividends (CORPORATION CODE,
Q: When is a sale or disposition considered to cover substantially all the Sec. 41);
corporate assets? 2. To Collect or compromise indebtedness to the corporation, arising out of
ANS: It is considered as suclj„wten ri;;CrOUould be rendered incapable of: unpaid subscription, in a delinquency sale and to purchase delinquent shares
1. Continuing the liusinesk lj i i sold during said sale (CORPORATION CODE, Sec. 41);
2. Accomplishingolfifyrposfor-whic it *as incorporated (CORPORATION 3. To Pay dissenting or wittici7aWinOtockholders (CORPORATION CODE, Sec.
CODE, Sem, 700(3
y 41); 4;•
.;

Note: A sale or other aistoVior),shall^b-rdForried.to,Qp e* bstarkVally all the corporate 4. To acquire Redeemableshiqrr.qgqsfts of existence of retained earnings
property and asset cif ')fierpy th, co 'ora,fjon wTuld bencl,ered incapable of (CORPORATION CODE, sb.,1gigi::,'-,'41.14fst. •
continuing theusiness or aipcompfthin hatpurpose for rich it was incorporated. 5. In Close corpgralioni, when there is a deadloCk in ,the management of the
assets must be/comptited based on its,n0--asset value, as stieli)n its latest financial business (CORPORATION .0(4E, Sec. 104).
statements. The kt-amelof the liss,tspust:proroufedibasedTpa§Anpt asset value, as
shown in its fates financial stIemblitsIREVISEDLVOTORATrON CODE, Sec. 39). Q: What are the conditions the corporation can,q
ac
quire.its own shares?
1 ;.,., I; :, 1 ANS: A corporatiosilan acpithrip,its own shpces provided that:
Q: What are tlp nslancs ken the sale-±iiidispo,iiftipiof corporate assets do not 1. The capital is not impaired; "t's
require the rafificatiPcly3Y\th tockholdertor
p, „, m i r ers?l ig.„1 2. A lemtimatgancl,wper,9orporatRurpose ti,pnced;
ANS: RatificatiOchg
, rfo reOire ,N - ..„„vi,/,(... --/ 3. Thetorporate affairs warrant it; f' .??;:l
1. If it is necessa ,4,i n Oua ld regyfai; ollyse olobusiness; •-:?.?•
4. The tranmctliVisVesigneT„and 11. • out in good faith
v. fl ned
2. If the prceeds okthe al k - otL i _fi.-'1' such property and assets be 5. There iOiriten4ciettlaend there Irgsults no undue advantage to a favored
appropriated for thek9,?tigOto tie:rervaining business; or stockholder4at the expense of theit9mainder;
3. If the tranctionidoesThO -coler--a1(oK'staspntially all of the assets 6. The creditorsare,not
• •' .̀4 prejudice
• • ,and
(CORPORATIONCODE, Secit.40) -‘
1,\). 7. The corporatiR acts iVitibliqiitWai-i&Wittilt4 prejudice to the rights of
Ul A A 4;: creditors and 'Aockholgrs (SEC Opinion No. 10-24 dated August 12, 2010).
Q. Discuss the Nell DoctrineandjLts excaptions
ANS: The Nell Doctrine states the generalsthat the transfer of all the assets of a Q: For what purposes 'may a corporation want invest its funds in another
corporation to another shall not render the latter liable to the liabilities of the transferor. corporation?
ANS: Corporate funds may be invested in another corporation to further its own purpose
Exceptions: (FAM-BET) or for purposes other than the primary purposes stated in its Articles of Incorporation.
1. Where the sale of all corporate assets is entered into Fraudulently to escape The other purposes for which the funds may be invested must be among those
liability for transferor's debts (CIVIL CODE, Art. 1388); enumerated as secondary purposes and must further comply with the requirements of
2. Where the transferee corporation expressly or impliedly Agrees to assume the Section 42 of the Corporation Code.
transferor's debts (CIVIL CODE, Art. 2947); Note: Investment of funds includes not only investment of money but also investment of
3. Merger and consolidation of corporations. If the transfer of assets of one (1) property of the corporation. Lease of the property is included in the term 'investment of
corporation to another amounts to a merger or consolidation, then the funds (VILLANUEVA, Corporate Law, supra at 270).
transferee corporation must take over the liabilities of the transferor
(CORPORATION CODE, Sec. 76); and Q: What are the requirements to invest corporate funds in another corporation
4. When the transaction involves a Business Enterpise Transfer such that the under the Corporation Code?
transferee corporation assumes the debts and liabilities of the transferor ANS: The following are the requirements (NAR):
corporation because it is merely a continuation of the latter's business 1. Prior written Notice of the proposed investment and the time and place of the
(CORPORATION CODE, Sec. 40; Y-I Leisure Philippines, Inc. v. Yu, G.R. No. meeting shall be made, addressed to each stockholder or member by mail or
207161, September 8, 2015). by personal service;
2. Approval by the majority of the board of directors or trustees; and

90 91
 3. Ratification by the stockholders representing at least 2/3 of the outstanding Q: What Is the allowed period for a management contract?
capital stock or 2/3 of the members in case of non-stock corporation at a ANS: A management contract must not be longer than five (5) years for any one (1)
meeting duly called for the purpose (CORPORATION CODE, Sec. 42). term except those contracts which relate to the exploration, development, exploitation or
utilization of natural resources that may be entered into for such periods as may be
Q: Can a corporation engage in a business not enumerated in its purpose clause? provided by pertinent laws or regulations (CORPORATION CODE, Sec. 44).
ANS: No. A corporation is not allowed to engage in a business distinct from those
enumerated in the articles of incorporation without amending the purpose clause of said Q: What are the requirements in order that a management contract be valid?
article. However, if the investment by the corporation is reasonably necessary to ANS: The requirements are as follows:
accomplish its primary purpose as stated in A01, there is no need for stockholders' 1. Approval by a majority of the quorum of the board of directors;
approval (CORPORATION CODE, Sec. 42). 2. Ratification by the majority of the members or owners of the outstanding
capital stock entitled to vote of the managing corporation; and
Q: Do passive investments in another corporation require the ratification of the 3. Ratification by—
stockholders? a. the majority of the members or owners of the outstanding capital stock
ANS: No. Section 42 does not cover passive investment in shares. The same may be entitled to vote of the managed corporation; or
justified in the exercise of the general power to purchase securities in other b. 2/3 of the membership or 2/3 of the owners of the outstanding capital
corporations. Thus, a corporation with idl rids may invest in shares for the purpose of stock entitled to vote of the managed corporation:
generating income (CORPOR COO Sec. 86(4) c. Where a stockhoVaerapresenting the same interest of both the
managing and thkanaga,c1 corporations own or control more than 1/3
Q: What are dividend, of the total outstajining;t6pAtal stock entitled to vote of the managing
ANS:Dividends areiorpor ciffis allocated, l'ava'cleclargd and ordered by the corporation; or k;. -f.
directors to be paid 2i st kliolders-on....demand or) at a fixed time (SEC d. Where a major00ii'Ornriikesa,,of thaSoard of directors of the
Memorandum Ciri la ec. 21_ :-1`-7
.k, A
)
managing ccmoraticirolkcohAtuterpirrjanty of the members of the
board of.vdirectors the managed Corporation (CORPORATION
Q: Whatare threquiripmentis before the.. rporation CODESec. 44).
ANS: The req rernents are as-(eR,
1. Unreltgrepretaineil ear QIngs:4 Ii Q: Can the managrentip9ntract delegate the entire nontroltover all officers and
2. Rem), utiqmoof the board; anCK business of a ...d.,
corpoiStioriickanother? LA
,i,- E.t. /
3. If stockt7d14idendsik declaredl/Nete must f the board with ANS: No. A fwagemgrecontract dannqinelegate ill, entire sudarvision and control
co nckrocA; 21,3 is tal-(0" ODE, Sec. 43). over the officetgiancthasit4s of acorporition to anqtner:asAs.)?,venontravene Section
23 of the CorWation Cods (DE LEON, Corporation Cekracipregt,426).
Q: Define unrestricted.retaitl;eozifig -
ANS: It is the mown of ula zed out of normal How Powers arel-xereiSeofil,
operations:
1. Not appropriated byr atioxp Q: What are the modes of exercising cqpprafgpowers?
2. Not covered takes enyand ANS: The exercise of PpoSfe prpappoti*Vrriptf911pwing instances:
3. Not required 4a-retairied u der pe4a1Oiroumstances (CORPORATION 1. If the charter* corporation prescribes no particularmode for the exercise of
CODE, Sec. 43(2). its powers, they maeexercised in any mode, provided it is not contrary to
law; ,
A4:;'WV
Q: What corporate acts require the existence of unrestricted retained earnings? 2. If the charter requires its powers to be exercised in any particular way by
ANS: The following are the corporate acts which requires the existence of unrestricted officers or agents, such powers cannot be properly exercised in any other way,
retained earnings: (ADA) for the powers of a corporation are measured by its charter; and
1. Power to Acquire own shares (CORPORATION CODE, Sec. 41); 3. If a corporation is organized under a special law, the rules governing
2. Power to Declare dividends (CORPORATION CODE, Sec 43); and corporations organized under the general law have no application where the
3. Payement of stocks to dissenting stockholder in exercise of his Appraisal right special statutes provide methods for the regulation and control of said
(CORPORATION CODE, Sec. 82). corporation. (DE LEON, Corporation Code, supra at 328-327)

Q: What is a management contract? Q: How do shareholders or members exercise the powers of the corporation?
ANS: It is a contract whereby a corporation undertakes to manage or operate all or ANS: As a general rule, stockholders or members do not have the authority to exercise
substantially all of the business of another corporation, whether such contracts are general corporate powers as such is expressly granted to the Board of
called service contracts, operating agreements or otherwise (CORPORATION CODE, Directors/Trustees or its officers (CORPORATION CODE, Sec. 23). However, in some
Sec. 44). cases, the consent and ratification by the stockholders or members, by majority or
supermajority, is required to validate certain specific corporate acts (CORPORATION
Q: Can a corporation enter into a management contract with a natural person? CODE, Secs. 28, 29, 40, 42, 43 and 44).
ANS: No. A corporation cannot enter into a management contract with a natural person. Note: Members of non-stock corporations may be validly deprived of the right to vote
Such contract is an employment contract and not a management contract contemplated under its Articles of Incorporation or By-laws (CORPORATION CODE, Sec. 89).
under the Corporation Code (AQUINO, Corporate Law, supra at 412).

92 93
Note Further: For close corporations, the articles of incorporation may provide that the Q: Discuss the Doctrine of Apparent Authority.
business of the corporation shall be managed by the stockholders of the corporation ANS: It is a doctrine which states that an officer, company without formal authorization
rather than by a board of directors (CORPORATION CODE, Sec. 97). from the board of directors, may bind the given that the following are established:
1. Proof of the course of business;
Q: What is the remedy of the dissenting stockholders? 2. Usage and practices of the company; and
ANS: With respect to acts affecting the rights of stockholders, in proper cases, such as 3. Knowledge that the board of directors has, or must be presumed to have, of
the sale of all or substantially all corporate assets or investment of corporate funds in acts and doings of its subordinates in and about the affairs of the corporation
another corporation, the dissenting stockholders can exercise their appraisal right (The Board of Liquidators v. Heirs of Maximo Kalaw, G.R. No. L-18805,
(CORPORATION CODE, Sec. 81). August 14, 1967).
Q: Is the approval of stockholders required before the Board of Directors can Ultra vires Doctrine
issue the unissued portion of the original authorized capital stock?
ANS: No. The power to issue shares of stocks in a corporation is lodged in the board of Q: Discuss the Ultra Vires Doctrine.
directors and no stockholders' meeting is required to consider it because additional ANS: The Ultra Vires Doctrine states that no corporation "shall possess or exercise
issuance of shares of stocks does not need approval of the stockholders (Dee v. SEC, corporate powers other than those conferred by this Code or by its articles of
G.R. No. L-60502, July 16, 1991). incorporation and except as are necessary or incidental to the exercise of the powers so
conferred" (CORPORATION CODE, Sec")
•
Q: How does the board e erciiktsgra n of parate power?
Q: What is an Ultra Vires Act? 0,
ANS: The general ru15,istRa poWation-pthro. gtlf its board,of directors, should act in
tlr fgnpalities, if any, prescrida,:b-YitSph,arter or by the general ANS: An ultra vires act is one 91,14-40;.;dytside the object for which a corporation is
the manner and witlijni
law. Thus, director,enTeaLacras„aobadrir"Mneeting Catkppurynt to the law or the created as defined by the law of{ it'SolpFfianizatidn and therefore beyond the powers
any), acqn ta0n thereinjna .fiekquestioned by any conferred upon it by law (Republic 4,'.fpopirillphiem,. :x.,40je Mining Company, Inc.,
corporation's by-il
G.R. No. L-18062, February 28 1963)'-"
objecting directdt- or areh lder Opezi4‘,Realty, Inc. v. Pqntecha G.R. No. 76801,
August 11, 1990` vr% Q: Distinguish Ultra Vites Acts fronyillegal Acts.
*.a0, 4'4
ANS: Illegal acts of a 49ptRo crrati9rp contemplate the doing of an act
,. which is contrary to
Q: What is the consequence Wherp\lytelipoatipii Di ectorsstees) does not
actaccordingfito.lheicorporate charter g law, morals, or pub,licr6rdertor contraven* some rules of pciblic,o5olicy or public duty,
ANS: A direcfor•Or4 har o aer maA,15jaeto the y,t,.of tl-he Boar . The Board of and are, like similgriransaW6iit'betweenRilldividuals, void They cannot serve as basis
mee g purs pato firtlario the corporation's of a court action, require validity `by performance,,ratifica:tion,
performance, estoppel. On the
Directors must ct ps1 bo
aolqp, aken4101tVrna 15' questioned by any objecting other hand, tda vireslat,or those which are ndtlii(004acor;rixpgiab initio but are
by-laws, other
director or shardholder (Lopez Fontecpia"G' No. ,6801, ugust 11, 1995). outside the scope ofAtilaouthoritgraile7d, or can''lidigSeitedei-by the articles of
incorporation. Stich,actsgaie generally voidable and may become binding and
uri g a meeting which failed to enforceable when ratified by'itockhdiders tiPirovana v. De la Rama Steamship Co., G.R.
Q: Are the actions of the boatdSeficNo
abide by the requiregientsp dier.Br h aw, sultect -o-
to ratification? No. L-5377, Decemb'err29,1654).
ANS: Yes. An action oNtethqdlo_rdirectors<ltrin ime which was illegal due to
lack of notice, may betaWiedilither'pxgr&il, , ebb3i,e action of the directors in Q: What are the types'fqf ultra vires acts?
subsequent legal meeting, 1:Truirngljyt‘Matiie corporation's subsequent course of ANS: They are as follows;(BINVV,
1. Acts done Beyonsiztlja, powers of the corporation as provided in the law or its
conduct (Id.).
articles of incorporation;
Q: Can the corporation delegate its corporate powers to its officers? 2. Acts or contracts, which are per se Illegal as being contrary to law; and
ANS: Yes. A corporation, like a natural person, may authorize another to do certain acts 3. Acts or contracts entered into in behalf of a corporation by persons who have
for and in its behalf, through its board of directors, and may legally delegate some of its No corporate authority (VILLANUEVA, Corporate Law, supra at 182).
functions and powers to its officers, committees or agents appointed by it (Luzviminda
Visayan v. NLRC, G.R. No. 69999, Apr/ 130, 1991). Q: Who may commit ultra vires acts?
ANS: It may be committed by: (CoB0)
Q: What is the source of the authority of officers of the corporation? 1. The Corporation (CORPORATION CODE, Sec. 45);
ANS: Whatever authority the officers or agents of a corporation may have is derived 2. The Board of Directors (CORPORATION CODE, Sec. 23); and
from the board of directors or other governing body, unless conferred by the charter of 3. The Corporate Officers (CORPORATION CODE, Sec. 25).
the corporation. A corporate officer's power as an agent of the corporation must
therefore be sought from the statute, the charter, the by-laws, or in a delegation of Q: Who may invoke ultra vires?
ANS: As a general rule, the effects of ultra vires acts often depend on who is invoking it.
authority to such officer, from the acts of the board of directors, formally expressed or
implied from a habit or custom of doing business (Vicente v. Geraldez, G.R. No. L- However, the following are deemed to have the right to invoke said doctrine:
32473, July 31, 1973). 1. State - as the grant of the charter is on the implied condition that the
corporation shall act within the powers conferred upon it, ultra vires acts,
whether wrong or not, are deemed a breach of this condition.

94 95
 2. Stockholders - even though all others consent to the ultra vires act, a 4. Where it has transferred the corporate property in fraud of its creditors; and
stockholder may still invoke said doctrine to protect himself from the 5. Where the corporation is insolvent (Steinberg v. Velasco, G.R. No. L-30460,
consequences of the subject act. March 12, 1929).
3. Strangers - it is a general rule that a plea of ultra vires cannot be interposed
by a stranger not a party to the contract, if he is not injured by such act or Q: What are the exceptions to the Trust Fund Doctrine?
contract. However, if he suffers any injury as a consequence of said act, he ANS: The Code allows distribution of corporate capital in the following instances:
may invoke the same. (Re2D2)
4. Creditors - it is a general rule that a plea of ultra vires cannot be interposed by 1. Amendment of Articles of Incorporation to Reduce authorized capital stock;
a stranger not a party to the contract, at least if he is not injured by such act or 2. Purchase of Redeemable shares by the corporation regardless of existence of
contract (DE LEON, Corporation Code, supra at 449-450). unrestricted retained earnings;
3. Dissolution and eventual liquidation of the corporation; or
Q: What are the effects of an ultra vires act in executed and executory contracts? 4. In close corporation, when there should be a Deadlock and the SEC orders the
ANS: The effects depend on the executory stage of the contract: payment of the appraised value of the stockholder's share (CORPORATION
1. Executed contract - courts will not set aside or interfere with such contracts; CODE, Sec. 104).
2. Executory contracts - no enforcement even at the suit of either party
(unenforceable); F. STOCKHOLDERS AND MEMBERS
3. Partly executed and paftry17 . principle prohibiting unjust enrichment Doctrine of equality of shares
at the expense 49,fianotimshalltply aDd 1- k.
4. Executory co tr cts appplatIN*autholleg but .tiltr vires - the principle of Q: What is the doctrine of equall igfAhtts?
estoppelspaply,. Pirovano v. De la Ratna !6`.R N 6817, July 31, 1958). ANS: Under the doctrine of equaft K.shAiV, where the articles of incorporation do not
A provide for any distinction of theA0KpfAtgRo,shart.tsued by the corporation
Q: Is it possibp4hlt pe 6Wer asal,
-'-*-*-..
1#
anaraM ;'
al inclvde in the Articles of are presumed to be equal azdfPshallIpjciy'strd'im4.ftiow'Ond privileges as well as
Incorporation be cons' ered re's\act? liabilities (CORPORATION,CODE, Sec. 6)4
ANS: Yes. Ultr/ vires A 'beyolid powers,') ,: ,, , to an ct O4S sIL1.9"er beyond corporate wsl
powers, includifig ose that may ostensVy be within luch p er t are, by general Q: Can the board ofSdire'ctors proVide preference ortdditional rights to some
or special la , itlir prohibiteVi5r-depaWeilrega . Thus, hougD the Articles of shares?
Incorporation r .Ws( he cor • ezratioria:-1Rftpower,puch
. caphot-IM exercised if it is ANS: No, the board of dirVors, has no authority to classify shares of stock where the
prohibited or d"ikc-late, illegal law (Ya ahient. Lepa
law R. i o. 15 993, October 25, articles of incRIPOratiop,iffe silent on -the 'matter. Hence, a corporation cannot, without
--/*
2005). express authority olipcorpderOlion, andvt-pqmerclipent thereof, issue
preferred shares with superior rights and privilegeektliailireVgKares (DE LEON,
Trust fund doctrine Corporation Codepittpra'a473-74).
A,
Q: Discuss the Trqst Funqoc 001 Proprietary rights
ANS: The capital stock, projoe latter vas ets,o corpFation are regarded as
or s
equity in trust for thelawm,Ffirorcori:LL . ,ogjlefw,hic ans that there can be no Q: What are the Propltary Rig,1111kofsalilatOibirer
distribution of assets arilotg-ti9stocktldersAwj&fir paying corporate creditors. ANS: The following areteroprie#yifights of a shareholder:
Hence, any disposition of corporatet fun tliOrvmdice of creditors is null and void 1. To recieve dhilejeids*Ii`en declared (CORPORATION CODE, Sec. 43);
(Turner v. Lorenzo Shipping Corp.,Gr.R.fic2„.1.574,79, November 24, 2010). 2. To inspect corpOrdefikoks (CORPORATION CODE, Sec. 74);
3. To pre-emption upon issuance of shares (CORPORATION CODE, Sec. 39);
It is established doctrine that subscriptions to the capital of a corporation constitute a 4. To exercise the right of first refusal when available; (CORPORATION CODE,
fund to which creditors have a right to look for satisfaction of their claims and that the Sec. 98);
assignee in insolvency can maintain an action upon any unpaid stock subscription in 5. To transfer of stocks in the corporate book (CORPORATION CODE, Sec. 63);
order to realize assets for the payment of its debts (Halley v. Printwell, Inc. supra). 6. To the issuance of certificate of stock/other evidence of stock ownership
(CORPORATION CODE, Sec. 63); and
The Trust Fund Doctrine is not limited to reaching the stockholder's unpaid 7. To participate in distribution of corporate asssets upon dissolution
subscriptions. The scope of the doctrine when the corporation is insolvent encompasses (CORPORATION CODE, Sec. 118-119).
not only the capital stock, but also other property and assets generally regarded in Note: Included in proprietary rights is the privilege of immunity from personal liability for
equity as a trust fund for the payment of corporate debts (id.). corporate debts, subject to judicial limitations against abuse of this privilege (DE LEON,
Corporation Code, supra at 590).
Q: Discuss the applicability of the Trust Fund Doctrine. Note Further: Members of a non-stock corporation do not have any proprietary interest
ANS: It applies in the following instances: in the corporation except as to the extent of corporate assets which will remain after
1. Where the corporation has distributed its capital among the stockholders liquidation pursuant to Sec. 94 of the Corporation Code.
without providing for the payment of creditors;
2. When there is payment of dividends without unrestricted retained earnings;
3. Where it has released the subscribers to the capital stock from their
subscriptions;
96 97
Q: When is there a right to receive dividends? Q: What are the rights of the stockholders with respect to corporate books and
ANS: As soon as cash dividends are declared by the board of directors, the records?
stockholders have the right to receive dividends on their pro rata shares (PLDT v. NTC, ANS: The rights of the stockholders with respect to books and records are:
G.R. No. 152685, December 4, 2007). 1. Right to Inspect;
The above rule does not apply to stock dividends however as the declaration of such 2. Right to demand a list of stockholders;
dividends may be rescinded at any time before the actual issuance of the stock 3. Right to demand a detailed auditing of business expenditures;
dividend. Be that as it may, when stock dividends have already been distributed, the 4. Right to examine books of the corporation's subsidiary; and
amount declared ceases to belong to the corporation but is distributed among the 5. Right to financial Statements (CORPORATION CODE, Sec. 75).
shareholders (Id.)
Q: What are the books required to be kept under the Corporation Code?
Q: What are property dividends? ANS: These are:
ANS: These are dividends in the form of other assets, such as tangible products of the 1. Book of all business transactions;
company or shares of stocks in a company affiliate or subsidiary (Black's Law 2. Book of minutes of all meetings of stockholders or members;
Dictionary, 6th ed.) 3. Book of minutes of all meetings of directors or trustees; and
4. Stock and transfer book, in case of stock corporations (CORPORATION
Q: Can the shareholders' divide s=be„declared out of the capital of the CODE, Sec. 74).
corporation?
ANS: No. Dividends car) bersleclared T uut oftphircapitq The Trust Fund Doctrine Q: What are the corporate records reqUired to be kept by the corporation?
would be violated if divideka%re,detlared.out f capitaftscept only in two instances: ANS: These are:
1. Liquidatingidpiciteddsi ti 1. Books of account;
2. Dividend," frov *rivestments77W . Wasting Asses Corporations (National 2. List of stockholders or merriljerOn04,..,
Telecom,tappicarons Com • . Qourt AppeqICG) . No. 127937, July 3. Financial Records (CORPORA:Tibi\FCbDp74);
28, 1999). c
,"y- •,. Q: What is the stockhaders' (or members')
•„ right to inspect?
Q: Can the st9ck ers compe the board of directors to eclare dividends? ANS: A stockholder car? inspect thebdtiksV the corporation.1-his is part of the right of
ANS: No. Stod hol ers ca-no ''v i'qrs-
o ,s-1qii, because the decit!ration of dividends is shareholders to informatiorAlt is a right th`4,t is personal tojeaCh stockholder (Cua, Jr. v.
discretionary trpoWhi board. pividOndp-pr9jpjyable opl when theri are profits earned Ocampo Tan, G.I3MO. 181455-56 December 4, 2009).
by:the corporaticThlang ageperal rtiletcep if there rq:exiiting prcifits, the Board of f5-.43.1
Directors has bp 4disiretioko\deterriAind n, ytherifa .--13 t dividepd1 will be declared Q: What arellg.bps,e,s4Abe right to inspect? ..,
(Republic Plades&ank v. 'gzitT,,G.13a,lig.q176,5 h 31 1997:), This is subject to ANS: The biks of the right to inspect are* followingSAp
the:sule on nokretentiop of\Wjai'eN C12 daj",. .
ni'nbsi of 100V of paid-in-capital 1. The right of 6tACkbplderg to, inspApt the books of the= corporation rests on the
(CORPORATIONKDE,\1Sec. 43 . fact of Beneficial ppnership of the corporate property and assets through
Scilg\ra ownership-of §hares:10,
Q: Is payment of dividend)t:N i akv.
s cie Ider-a-matter arioh after it is declared? 2. The stockholders are entitled to,idsPpetitt:ieibooks and records of a corporation
% .4-A •-.6,
ANS: Yes. When a cash dividepdls--dulydedr aredliaeo,amount due a stockholder in order for thgrti to investigateft6ecdi=iaratihgmanagement, determine the
belongs to him and it carinoUtitliolit hislc qp^s§pbereverted to the surplus account of financial condition okthse corporation, and generally take an account of the
the corporation (SEC Opinion7Vantey 29N1.911)1.0,00" stewardship ofthAoffjcers and directors;
3. The evident purpose of the law in granting stockholders the right is to Protect
However, this does not apply to stock dividends as the declaration of such may be small and minority stockholders from the power of the majority and from
rescinded at any time before the actual issuance of the stock (DE LEON, Corporation mismanagement by its officers as well as to ascertain, establish and maintain
Code, supra at 408). their rights and intelligently perform their corporate duties; and,
4. The SEC's power of supervision and control over all corporations (Gokongwei,
Q: When does the right to dividends accrue? Does it require the approval of the Jr. v. Securities and Exchange Commission, G.R. No. L-45911, April 11, 1979)
SEC?
ANS: The right of the stockholder to be paid dividends accrues as soon as the Q: Who has the right to inspect the corporate books?
declaration is made. Neither the same board nor their successors can revoke the ANS: Either of the following has the right to inspect the corporate books:
declaration of legally declared dividend without the stockholders' consent. The right to 1. Any director, trustee, stockholder, or member;
dividend accrues even if there is no SEC approval (SEC Opinions dated October 10, 2. Voting trust certificate holder;
2002 and November 12, 1986). 3. Stockholder of a sequestered company; and
4. Beneficial owner of shares (CORPORATION CODE, Sec. 74).
Q: In the absence of a rule to the contrary, how shall dividends be distributed?
ANS: As a rule, dividends given to stockholders of the same class must always be pro
rata, equal and without discrimination regardless of the time when the shares were
acquired (CORPORATION CODE, Sec. 6).
Q: What are the requirements before the corporate records could be inspected? justifying circumstances that would exonerate those who raise and are able to prove the
ANS: The conditions a person should comply with in order to be allowed to inspect the same (Ang-Abaya, et al. v. Ang, GR No. 178511, December 4, 2008).
corporate books and records are: (GRAD)
1. Good faith and legitimate purpose; Q: What is a pre-emptive right?
2. The inspection sought to be made is during Reasonable hours on business ANS: Pre-ernptive right is the preferential right of shareholders to subscribe to all issues
days;
or disposition of shares of any class in proportion to their present shareholdings
3. Absence of misuse of prior inspection right; and, (AQUINO, Corporate Law, supra at 368).
4. Where copies of the records sought are required, a written Demand and
payment of reasonable fees for costs (CORPORATION CODE, Sec. 74). Q: What is the purpose of the pre-emptive right?
ANS: To enable the shareholder to retain his proportionate control in the corporation
Q: What information about the corporation is excluded in the right to inspect? and to retain his equity in the surplus. It is aimed to maintain the existing ratio of the
ANS: The right to inspect corporate books does not extend to trade secrets. Trade shareholder's interest and his voting power in the corporation (SEC Opinion dated May
secrets are those which the corporation may undoubtedly keep secret notwithstanding 16, 1991).
the right of inspection given to stockholders (Air Philippine Corporation v. Pennswell,
G.R. No. 172835, December 13, 2007). Q: What is the extent of a stockholder's pre-emptive right?
ANS: The pre-emptive right covers all issues and disposition (CORPORATION CODE,
It also does not extend to inlpedtifili OfiC)atp11
( Fcou tu
ts. The Secrecy of Bank Deposits Sec. 39).
Law makes all bank deepsifs ofiXhatelt*haltirialirsatitely confidential in nature and The general rule is that pre-emptiy,91gUiwecognized only with respect to new issues
the same may not beipquiFdr;o15yany.pers.o egrcepil urisdez specified circumstances of shares, and not with respect tc:toti9fldifiOtAssues of originally authorized shares. This
(R.A. No. 1405, otilpgvie t:)c,Wras An Act prohlble Djgclbere of or Inquiry into, is on the theory that when a cot-pol,4tiOnt at its inception offers its first shares, it is
Deposits with any Bbrikkg)Institu "onvircrPr7-91ding eria *-Ther for, Sec. 2). presumed to have offered all of those',Nkkiich,WsTayt,horizedagi issue (Pedro Lopez Dee
v. Securities Regulations Commigsioliii;40M6A460502414116, 1991).
Q: Can the sr ~cklibfxders of thipallOnt ompany inspect \he books of the ,- ,, ,
11 :r ie:si
ar
subsidiary cor °ratio/Is? 4,4V1 R.
Q: When can a stocklnider exerci§ pre-emptive
ANS: Yes. Th i ig tP9f stock any tciiins c corporate books ANS: Whenever the cdpit4tock of,aloorppration is 4 a-0 new shares of stock
extends, in co stinance with dealing,,to ubsidiary wholly- are issued, the newly issued-shares musts be offered firsito the stockholders who are
owned by the cor pralion. such at the timeppoincredieikas made in,froportion to tpeir eisting shareholdings and
,c0 on equal terps°With other holdersof tie original stocks beforesubscriptions are
Note: Howeve , ttle-Istoc *lot ipspe\cf he books of the received frornittinenalrosublic (Benito vVBEC, G.R N8,1.-56655 ...July 25 1983).
parent compan ‘g ihksub eritire intereg in the affairs and
—/ ,,,,,,,, l, .440
assets of the pant corp rati jG kong i1 S pra). Q: What are the/xceriticin'dft the exercise of the stockrolderi' pre-emptive right?
ANS: The fol:wina:1-7:;;5,9ep'44:losis to the exercise of the pre-emptive right: (ALCoD)
Q: What are the re edies the right to inspect 1. When such4 right isYonied by tkArtipjes of incorporation or an amendment
corporate books? thereto; 171::-.,,u,„ ,
ANS: If the inspection issdeniedl the ollowing.rerzcOvn, y e availed of: V‘,,-11-P ' ''' - :.,.:';' ,' iil,r7t.,1,,
2. When IssuedAin•:t , compliaiicecVithLi‘'
,,w ,VS.:6requiringzstock offerings or minimum
1. Mandamus; stock ownersffil3 by t*p,ublic;
2. Damages; and, 3. When Issued ik,g9oCIffaith with the approval of the stockholders representing
3. Criminal suit (VILLANUEV , o`rpord e Law, supra at pp.463-464). 2/3 of the outstanding capital stock, in exchange for property needed for
Corporate purposes; or
Q: What are the elements that must be present for the imposition of criminal 4. When Issued in good faith with the approval of the stockholders representing
liability for violation of the stockholders' right to inspect? 2/3 of the outstanding capital stock, in payment of previously contracted Debt
ANS: For criminal liability to be imposed, the following elements must be present: (CORPORATION CODE, Sec. 39).
1. A director, trustee, stockholder, or member has made a prior demand in writing
for a copy of the excerpts from the corporation's records or minutes; Q: Can a stockholder waive his pre-emptive right?
2. Any officer or agent of the concerned corporation shall refuse to allow the said ANS: Yes. A stockholder who neither desires nor intends to buy any of the stocks being
director, trustee, stockholder, or member of the corporation to examine and offered may waive such right. In which event, the shares may be offered to any
copy said excerpts; and interested persons acceptable to the corporation (SEC Opinion dated January 25,
3. If such refusal is made pursuant to a resolution or order of the board of 1990). Waiver is a personal right; hence, the stockholder should give such waiver
directors or trustees, the liability under this section for such action shall be individually or he can authorize somebody to execute the same for and in his behalf by
imposed upon the directors or trustees who voted such refusal way of a special power of attorney (SEC Opinion dated December 6, 1994).
(CORPORATION CODE, Sec. 74).
Note: Where the officer or agent of the corporation sets up lawful defenses against the
demand for inspection, as authorized under Section 74 of the Corporation Code, the
contrary must be shown or proved. Such authorized defenses are in the nature of
Q: May an existing shareholder demand the right of first refusal in transactions Q: Which court has jurisdiction over intra-corporate disputes?
involving the transfer of stocks to third persons? ANS: Courts of general jurisdiction or the appropriate Regional Trial Court have
ANS: For open corporations, the right of first refusal must first be granted in the Articles jurisdiction over intra-corporate disputes (SECURITIES REGULATION CODE, Sec. 5.2)
of Incorporation or the By-laws. In close corporations however, a stockholder who [hereinafter SRC]. The appropriate Regional Trial Court is one designated as a Special
wants to sell his shares to any third person is obliged to first offer it either to the Commercial Court (0. C.A. Circular No. 176-2016).
corporation or to the other existing stockholders usually under the same terms and
conditions (CORPORATION CODE, Sec. 98). Q. Discuss Exhaustion of Intra-corporate remedies.
ANS: In order that a stockholder may sue on behalf of the corporation, he must allege
Q: Differentiate pre-emptive right from right of first refusal. with some particularity in his complaint that he has exhausted his remedies within the
ANS: The differences between pre-emptive right and right of first refusal are as follows: corporation by making a sufficient demand upon the directors or other officers for
• . •. • appropriate relief with the expressed intent to sue if relief is denied (Reyes v. RTC, G.R.
Pre-emptive Right . Right of Firs tefusal
. . I. ! ' No. 165744, August 11, 2008).
Common law right. Arises by virtue of: Q: What are the actions can a shareholder file to protect his or the corporation's
1. Contractual stipulations; or interests?
..„,00,,,,,,,ia= Otle:21,,,,,,Specified statutory provisions. ANS: A shareholder has the right to file three types of suits:
1. Individual Suits;
May be exercised by stodk ,,elderild y Thly be exercised if provided for 2. Representative Suits; or
even when no prolis on s gra ted= b la by the articles of 3. Deriviative Suits
by law. incdt ord io It is a creature of
r w.• Q: What is an individual suit? '4 ,- , .,...,
41tti,,,
e'"t., .-z,i, 'V ..40'N
`%. ANS: An individual suit is an action bidlught=15 -the'sShOreligider in his own name against
i. r 24 L ,
Pertains on y to t at portion or the, -
1 'W 1 ‘
ertain to s aroalready issued.
the corporation when a 0Wriing is directly inflicted agaiiiit, him personally and to
determine his individuedhl (Guy v.Aug,r;,f. G.R. Nos. 189486 and 182008, December 4,
authorized capital took tbaLbas_n ''
been offer d fdrs bscrip` flon. -.- -7, 1 ' i
2009). Its cause of act on pRrtains toRhe pareholder and )14 meant directly to protect
It ri---1 1 •<1
' A his interest (AQUINO,,Corporatelaiv, supra at 522). , '4,
,t . tz ,,,..__. ,1., r' 4704W, Itil
A right / -c wiled
11 aainst the A right
*--j 1 .
.11
erasable against another Q: Why Individual Suits
ir-
4 % ,--- --. P not allow,edtpt times: , 1,
corporatio of Ku dfs ares-of-ir stockho e of thp orl)oration on his ANS: The Seireffie Court reasons W the following, reasons why individual
capital stoc U 0"shrerl-/ / suits are improper: ., :‘,-.
6. ..e ii-', E.-((-Tz/Q-
. .v.:4
1. To allow shareholders
toto',sue
,-,::,,, . .eparately
4..., .-11 ?' pft , + would •conflict with the separate
Intra-corr orate disput.X, ‘5 >"..L`.....
_ ...01..(
i 1 \\
/ i f corporateientity principle; .
2. The prior rights of the creditors may,lpd,prejudiced;
Q: Define Infra-corporate di .utesC'T EX iN
TIA •
3. Filing such silltsocibld conflict./.Athltfieduty of management to sue for the
ANS: Intra-corporate'dkpkite0;pthose_w_biawarlsp\be 5,en a stockholder and the protection of allftoncert34.rg";:x.''' -'...- -,-'?? 'r
corporation or among thea...*dki
tjpiElers in_
vojvi gtgteripali ffairs of the corporation (DE 4. It would result.* multifgity of suits; and
LEON, Corporation Code, stipra,ail.603). 5. It would involveittorOsion as ascertaining the effect of partial recovery by an
individual on the' darifages recoverable by the corporation for the same act
Q: What may be the subject matter of an intracorporate controversy? (Asset Privatization Trust v. Court of Appeals, G.R. No. 121171, December 29,
ANS: Under the Interim Rules of Procedure for Intra-corporate Controversies, the 1998).
following are covered by intracorporate controversies: (FRIED)
1. Devices or schemes employed by, or any act of, the board of directors, Q: What is a representative suit?
business associates, officers or partners, amounting to Fraud or ANS: A representative suit is an action brought by the stockholder in behalf of himself
misrepresentation which may be detrimental to the interest of the public and/or and all other stockholders similarly situated when a wrong is committed against a group
of the stockholders, partners, or members of any corporation, partnership, or of stockholders (Cua, Jr. v. Ocampo Tan, supra).
association;
2. Controversies arising out of intra-corporate, partnership, or association Q: What is a Derivative Suit?
Relations, between and among stockholders, members, or associates; and ANS: A derivative suit is an action brought by one or more stockholders or members in
between, any or all of them and the corporation, partnership, or association of the name and on behalf of the corporation to redress wrongs committed against it or to
which they are stockholders, members, or associates, respectively; protect or vindicate corporate rights, whenever the officials of the corporation refuse to
3. Inspection of corporate books; sue or are the ones to be sued or hold control of the corporation (Western Institute v.
4. -Controversies in the Election or appointment of directors, trustees, officers, or Salas, G.R. No. 113032, August 21, 1997).
managers of corporations, partnerships, or associations; and,
5. Derivative suits (Interim Rules of Procedure for Intra-corporate Controversies,
Sec. 1(a)).

102 103
Q: What are the differences of Individual, Representative, and Derivative suits. Q: Is the stockholder a real party-in-interest in a derivative suit?
ANS: The distinction between the 3 types of suits are as follows: ANS: No. The stockholder is only a nominal party in a derivative suit. The real party in
interest is the corporation (Filipinas Port v. Go, supra). The corporation is an
Individual Representative peeiviliye indispensable party who must be impleaded in the derivative action (Asset Privatization
Trust v. Court of Appeals, G.R. No. 121171, December 29, 1998).
Plaintiff in the Action ti t

Corporation but commenced Q: An action was filed by a minority stockholder involving a corporate matter. Is
Stockholder in his Stockholder in
by stockholder after due the action considered as a derivative suit?
own name representation of others
proceedings had been taken. ANS: No. Not every suit filed in behalf of the corporation is a derivative suit. It is
similarly situated
required that the minority stockholder must allege in his complaint that he is suing on a
derivative cause of action on behalf of the corporation and all other stockholders
similarly situated who may wish to join him in the suit (Chua v. CA, G.R. No. 150793,
The corporation, its directors or officers, and/or A person against whom the November 19, 2004).
other stockholders. corporation has a cause of
action Q: Is a Derivative Suit similar to Liquidation proceedings?
ANS: No. A derivative suit is distinct, artg independent from liquidation proceedings.
Who has cause of action They are neither part of each other, ricig114- ,, necessary consequence of the other (Yu v.
‘ ) 1 \ .i Yukayguan, G.R. No. 177549, Jun6V •872009).
The stockholder in his (--Thefeocl corporation in its own
personal capacity Nurv ,ria IrT1la1 n e , G. FORE/GN CORPORAT/ONS
"p>ntativvaPac< \26.)
Q: What is a foreign corporation
i , . . action?
Nkf.7.) dletwative ANS: A foreign corporation,isgone formed, organized eAging under any law other
Q: What is the/pasis
Aci hind the rig t oa_s reholder to ilefai than those of the Philippa" and whose [aws allow Filipinofiltizens and corporation to
ANS: The stocicIpIder righ to institute-at- derivative s it is rk
otbased on any express do business in its own`::-6 untry or stateladRPORAT/ON COD ,s\Sec• 123).
oratiort Cotzledowt W impli, d cogniz d.,.whet the law makes
provision of T e
officerb liaI510ti carnage su ered b A ihecorporation and its
li, A ...„.„...
.,, ,, : 1.
Q: When may a foreig n cor po ration sta j.to do busines-s i the Philippines?
corporate dire tors
stockholders fgr4ipl'aion o ir fidfickati es' v. Cdunfl I peals, G.R. No. ANS: It shall have the rigtir 07transact business in theCi!ines after it shall have
123553, July 13, 3991. -- — t-r2, obtained a liceps:,,,,to .te
rap
a,i.s.7: bus;nel
s:in
F.,;... . .7-,....,‘ ,,. .ztls:lry197accordancei,with this Code and
_,..4._ ..
a certificate of4ltdhorit‘ffLomIthe approphate,governriferigdepcyrn ,
r
Q: What are theAsi
7:q 1
Nf& derivAvSPIP
tes.,-- a.Y 4) all ,,,wv.i4 , lif
ANS: The requis* es arekthe fo 014,1CapeSbf What constitute&xloingibilsIness" '.
1. Existing Cause ot2ctio fii "ctr.„0.,tfTe ,poratio ; il''''''
Q: What does it mean form W.
ek4\flema d upon) e corporation or the Foreign
, ,c.,,,771on
, tc),,
b7 "doing business" in the
2. Stockholk/member„ Lees, Philippines?
managemeVo supq i -sub
-hies-a a d‘ouTtb,elatile;
rrCF: ttirstO:
, zsuch'"arthektiwy
-e -the objectionable acts or ANS: Under the Foreign InvesMotttlAdtitianYsactkvactS that imply a continuity of
3. Stockholder/me,Enbp_i u,'Z'b
transactions uniaskt e' transa tign ke4b nuously injurious (Pascual V. commercial dealings otOrrangenents, and contemplate to that extent the performance
Orozco, G.R. No. 517 , arch •;11 of acts or works, or thAXecae of some of the functions normally incident to, and in
4. Action must be brought in t e am of the corporation which must be alleged progressive prosecution WcOmmercial gain or of the purpose and object of the
business organization (R.A. No. 7042, otherwise known as the Foreign Investments Act,
(Filipinas Port v. Go, supra);
Sec. 3(d)).
5. The suit is not a nuisance or Harassment suit; and
6. No appraisal right is available (Interim Rules, of Procedure Governing Intra is Q: What is the test of "Doing or Transacting Business in the Philippines?"
Corporate Controversies, Rule 8, Sec. 1).
ANS: Jurisprudence has adopted the twin characterization test involving the substance
Q: May a person having only legal title over a shareholding, such as a trustee, and continuity test. A foreign corporation shall be considered as doing business in the
institute a derivative suit? Philippines when:
ANS: No. The mere trustee of shares registered in his name cannot file a derivative suit 1. Substance test - Whether the foreign corporation is maintaining or continuing
for he is not a stockholder in his own right (Bitong v. CA, G.R. No. 123553, July 13, in the Philippines the body or substance of the business for which it was
1998). organized or whether it has substantially retired from it and turned it over
another; and
Q: Is there a number of shares required to institute a derivative suit? 2. Continuity test - Whether there is continuity of commercial dealings and
ANS: No. There is no requirement regarding the number of shares that is being held by arrangements, contemplating to some extent the performance of acts or works
the stockholders who will file a case. Two minority shareholders who own each one or the exercise of some functions normally incident to and in progressive
share can file the derivative action (Ching v. Subic Bay Golf and Country Club, Inc., prosecution of, the purpose and object of its organization (Mentholatum v.
G.R. No. 121171, December 29, 1998). Mangaliman, G.R. No. L-47701, June 27, 1941).

104 105
Q: What are the acts contemplated as "doing business?" Q: What is the purpose of appointing a resident agent?
ANS: The following are deemed acts constituting "doing business": (SAM-C) ANS: Its purpose is to receive in behalf of the corporation notices, summons, and other
1. Soliciting orders, service contracts, opening offices, whether called "liaison" legal processes in connection with actions against such corporation. A resident agent
offices or branches; cannot sign the certificate of non-forum shopping that is a requirement for the filing of an
2. Appointing representatives or distributors domiciled in the Philippines or who initiatory pleading in court because while a resident agent may be aware of actions filed
in any calendar year stay in the country for a period or periods totaling 180 against the principal, he may not be aware of the actions initiated by the principal
days or more; (Expert Travel & Tours Inc. v. CA, G.R. No. 152392, May 26, 2005).
3. Participating in the Management, supervision or control of any domestic
business, firm or entity or corporation in the Philippines; Q: Can foreign corporations doing business in the Philippines without a license
4. Any other act or acts that imply a Continuity of commercial dealings or be sued before the courts?
arrangements, and contemplate to that extent the performance of acts or ANS: Yes. Whether said business of the foreign corporation was being done legally with
works, or the exercise of some of the functions normally incident to, and in the license of the Government or, perhaps illegally, without the benefit of any such
progressive prosecution of, commercial gain or of the purpose of the business license, it shall be amenable to process and the jurisdiction of the local courts, this is for
organization (Foreign Investments Act, Sec. 3(d)). the protection of the citizens and accordingly judgment may be rendered against said
foreign corporation (General Corporation v. Union Insurance, G.R. No. 2684, September
Q: What are the acts not contempigtedas.Woing business?" 14, 1950).
ANS: The following are such acts-.1MAIIM,CA
1. Mere investment a share02yleticTaidomestic corporation and/or the
?% Q: May foreign corporations doinditigsWess in the Philippines without a license
./ ",
bring a suit against another in at tipkPine courts?
exercise ofrtscgs)u h;Layastor;
ANS: No. No foreign corporationr‘traniaptitig business in the Philippines without a
2. Appointing representative or distributo 4ctamiciAirl, the Philippines which
license, or its successors or assigpsAitiOktie. permitted to maintain or intervene in any
transactsibusintlyn.,,own ---riedrid.forLts"Krkacco4t;
nar
action, suit or proceeding in any,.coukOrrgrAiolititlye,agepby of the Philippines; but
3. Publicaljo, rro4benegral ackartis'averl,,throudti any‘priAolproadcast media;
such corporation may be, sited or Pkiceeded againk befOre Philippine courts or
4. MaintTing'alock of goods in the Philippines solelpfor the purpose of having
administrative tribunals,..on'any valid cause of action recognized under Philippine laws
the s e processeq by another Otity in the Philippinp
of equipment wit a local company to (CORPORATION CODE, Sec. 133). -•
-
5. ConsigArierdby thq toreign corporation
be uleifin, procdssirignroqUctS104xpo:rt; •
The law does not allowforeign"corporatio`ns or entities which.conduct regular business
6. Collebtinglormatiolii in tha-ptIppT,esil and,/ access to courts kithout by itch corporatiOns of the necessary requisites
it --*•
1 Performingisery'a Auxiliarylti_araxisting 'sroTar d cpntractoof sale which are to be subject4to: our Oyornment's regulation and authbrity By securing a license, the
not o a coanui :. ass (/RVf t el k;oreig / k st ents4ct, Sec. 1).
foreign entity4Ottldteviiro assurance • tbai it will abidetby.tfieklediSiOns of our courts,
- • "---kr -, even if adverseIo it (Erik$,,p.TE v. eil',,supra)
Q: Does freq ency ction de e ,02`In "doing business in the
Philippines? Q: Will a foreign corporation, originally oing business w/o license, be allowed to
ANS: No. More than the sheer nitEn,be o Earksatio s entered into, it is the presence of sue in the Philippiries;if in .the meantirrOrinpsrable
t to procure a license?
a clear and unmistakable interitio4e-th&PM.-o e4relpq,c9:poration to continue the ANS: Yes, the rule merely; affects kporpOrVioncOaliding to sue. When a complaint
body of its business irl\tzesiPhilippipes=thatzcharactaifzz90t,a'S "doing business" in the filed after the foreign cqrporationAacralreadyteatieti`thbriecessary license to conduct
p it appitlIgarrtes-outs the progressive prosecution
Philippines. It is doing business(when its business in the Philjpoineslif:could already file suits. It would be telling the truth
of commercial gain and the -and'Sject of its business (Eriks PTE
of thelptirOogi when it avers in its complaints, that it was a foreign company duly authorized to do
v. CA, G.R. No. 118843, February 671997).-- business in the Philippines' (The Home Insurance Co. v. Eastern Shipping Lines, G.R.
No. L-34382, July 20, 1983).
The petitioner's grant and extension of 90-day credit terms to private respondent for
every purchase made, unarguably shows an intention to continue transacting with Q: What are the instances when a foreign corporation may be allowed to sue
private respondent, since in the usual course of commercial transactions, credit is despite being unlicensed?
extended only to customers in good standing or to those on whom there is an intention ANS: A foreign corporation without a license to do business in the Philippines may still
to maintain long-term relationship (id.). successfully being a suit in the following case:
1. To seek enforce or seek redress for breach of an isolated business transaction
Personality to sue andsuabNty (Antam Consolidated Inc., et al, v. CA, et al, 27 Phil. 267, 1986);
2. To protect its corporate reputation, name, and goodwill (R.A. No. 8293,
Q: Who may be a resident agent?
ANS: The following may be resident agents: otherwise known as the Intellectual Property Code of the Philippines, Sec.
An individual, who must be of good moral character and of sound financial 160);
1.
3. To enforce a right not arising out of a business transaction, e.g. tort that
standing, residing in the Philippines, or
A domestic corporation lawfully transacting business in the Philippines occurred in the Philippines;
2.
designated in a written power of attorney by a foreign corporation authorized to 4. When the parties have contractually stipulated that the Philippines shall be the
do business in the Philippines (CORPORATION CODE, Sec. 127). venue of actions between them;
5. When the party sued is barred by the principle of estoppel and/or principle of
unjust enrichment from questioning the capacity of the foreign corporation; and

106 107
 6. Recovery of misdelivered property (DE LEON, Corporation Law, supra at - H. MERGERS AND CONSOLIDATIONS
799-802).
Definition and Concept
Q: What is an isolated business transaction? Q: What is merger?
ANS: A business transaction is a transaction undertaken where there is no intention to ANS: Merger is the union whereby one or more existing corporations are absorbed by
engage in a progressive pursuit of the purpose and object of a corporation's business another corporation which survives and continues the combined business (McLeod v.
(Eriks PTE v. CA, supra). NLRC, G.R. No. 146667, January 23, 2007).

Foreign corporations, even unlicensed ones, can sue or be sued on a transaction, or Q: What is a de facto merger?
series of transactions, which are set apart from their primary or normally pursued ANS: A de facto merger is one where a corporation acquires all or substantially all of the
business (Id.). properties of another corporation in exchange of shares of stock of the acquiring
corporation. The acquiring corporation would end up with the business enterprise of the
Q: Are contracts entered into in the Philippines by a foreign corporation without a target corporation; whereas, the target corporation would end up with its shares in the
license void? acquiring corporation as its remaining assets (Bank of Commerce v. Radio Philippines
ANS: No. The object of the statute is merely to subject the foreign corporation doing Network, Inc., G.R. No. 195615, April 21, 2014).
business in the Philippines to the jiAs4,iction.o, its courts. The object of the statute was
not to prevent the foreign carporatio fr a ormigg acts, but to prevent it from Q: What is an acquisition?
acquiring a domicile forte`urtose of boine'ls4 ith•otiNqing the steps necessary to ANS: It refers to the purchase of securities or assets, through contract or other means,
render it amenable to t§A)cal.--courts4Hoine Insurance v. Eastern Shipping for the purpose of obtaining control
Lines, supra). 1. One (1) entity of the whd'iaftgp.artcp4 another;
2. Two (2) or more entities dveraaher;.,..ol..
.1. 3. One (1) or more entities overtone L~or..mor,Ve titles (RA No. 10667,
The implication o kis that it wash neyar tfei
purpose o islature to exclude a
foreign corporatjon hir hapens to obtain zah isolaled order fo business from the otherwise known as414 CompelitiaiRC-t6S.ec. 4(a)).
Philippines, fromsecurg redress in thatil?Pippine courts, anntifia, 'n effect, to permit it1:14'4%
Q: What are types ofacquisition? 4
- 10
persons to avo'd
i t eirtontracts made wi suchtoreign [corporator-0' .) ANS: The following area he dr.
I 4,1111"-' .7"1 i r i. 1. Assets onlyfilevelPrhe purchaser is interested only in the raw assets and
Q: Is ' there re judibpta if a fpreignicorpq4Pon, doing businessr the Philippines
without a licens , Cies lee the CO:64'1'4;1d the cd":-T-: - dismissed due to lack
properties
• of the transferors. "'",n
e ot interested
• in the entity of the corporate
of capacity? ‘. ( -I .,:,\
.. q vpi Z....)
ownpara,sqf the Wets or oPtthk600dwill arid other factors relating to the
busTass •of.thet tansfator,,,,itself7647She trariSfereaTwtoid3wkbe liable for the
ANS:: None. Re;iscjliclicla tke,0ot seam &-ca'ae,dj issed for lack of capacity to sue
Ft- .• i • •,;/ , f• debts0and liabilities of his transferor since tei01011piivley- of contract over
because there has beek no`dVarTiclatio briTlents.)The rerpedy of the foreign augat. w,4
debt ions between the transferee and the transferor's creditors;
corporation is to‘libseqaTtly a91131,teq ' llajaq rig:license which /ill cure the lack of 2. BusinesstEnterpiWe Level - The transferee continues the business of the
capacity at the tinka of the ex e,.. ..... ,Elft‘;:f5ptrac (Home Insurance v. Eastern
ck:,jrei- ;•4, _
Shipping Lines, supra). transferor aftakacqr.liring all or sybAtappaily all of the assets of the transferror,
including its Rpdall, thusAtaiiiitig .1gapfnipg? capacity of the transferors
-(D
Y.
Q: May a party be estoppe_ffeom raisiligahTlefe_nse that a foreign corporate
venture. TheVransfereaglefigliglaTth'elledeatrid liabilities of the transferor;
tW' t,Y
and
plaintiff bringing suit against litrto sue for doing business in
3. Equity Level -`,11n$,. Fpychaser
, takes control and ownership of the business by
the Philippines without a license?
ANS: Yes. the rule is that a party is estopped from challenging the personality of a purchasing the shares of the corporation. What the purchaser actually
corporation after having acknowledged the same by entering into a contract with it. The purchased is the ability to elect the members of the board of the corporation
who run the business (VILLANUEVA, Corporate Law, supra at 646).
doctrine of estoppel to deny corporate existence applies to foreign as well as to
domestic corporations. One who has knowingly dealt with a corporation of foreign origin Q: What is consolidation?
as a corporate entity is estopped to deny its corporate existence and capacity (Merill ANS: Consolidation is the union of two or more existing corporations to form a new
Lynch Futures v. Court of Appeals, G.R. No. 97816 , July 24, 1992). corporation called the consolidated corporation (Id.).
Q: When does the estoppel against a party dealing with an unlicensed foreign Q: What is a constituent corporation?
corporation doing business in the Philippines lie? ANS: Constituent corporations are the parties to the merger and consolidation (Id.).
ANS: The principle is applied to prevent a person contracting with a foreign corporation
from later taking advantage of the latter's noncompliance with the statutes- Q: What is a consolidated corporation?
1. where such person has received the benefits of the contract ANS: A consolidated corporation is a new corporation formed by virtue of a valid
2. where such person has acted as agent for the corporation and has violated his consolidation (CORPORATION CODE, Sec. 76).
fiduciary obligations as such, and
3. where the statute does not provide that the contract shall be void, but merely Q: What is a surviving corporation?
fixes a special penalty for violation of the statute (Merill Lynch Futures v. CA, ANS: A surviving corporation is the corporation which continues to exist after the merger
supra.). of the constituent corporations (McLeod v. NLRC, supra).

108 109
Q: What is the procedure to accomplish a merger or consolidation of and liabilities of the constituent corporations could be made effective
corporations? retroactively as of the date the said board so resolved; and,
ANS: The steps necessary to accomplish a merger or consolidation, as provided for in 6. Consent of the creditors is Not necessary (CORPORATION CODE, Sec. 80).
Sections 76, 77, 78, and 79 of the Corporation Code, are:
1. The board of each corporation draws up a plan of merger or consolidation. Q: What is a tax policy limitation with respect to the merger or consolidation of
a. Such plan must include any amendment, if necessary, to the articles of corporations?
incorporation of the surviving corporation, or in case of consolidation, ANS: For a transaction to be regarded as a merger or consolidation within the purview
all the statements required in the articles of incorporation of a of Section 35 of the Tax Code, it must be undertaken for a bonafide business purpose
corporation. and not solely for the purpose of escaping the burden of taxation (R.A. No. 1921,
2. Submission of plan to stockholders or members of each corporation for otherwise known as An Act to Amend Section 35 of the NIRC and for other purposes,
approval. Sec. 1(5)).
a. A meeting must be called and at least 2 weeks' notice must be sent to
all stockholders or members, personally or by registered mail. Q: When are mergers and acquisitions considered anti-competitive under the
b. A summary of the plan must be attached to the notice. Philippine Competition Act?
c. Vote of two-thirds of the members or of stockholders representing two- ANS: Merger or acquisition agreements that substantially prevent, restrict, or lessen
thirds of the outstand' gxapit stock will be needed. competition in the relevant market or in themarket for goods or services as may be
d. Appraisal righ enropter,xnuistbezespected. determined by the Commission shall b.eq3rohibited as anti-competitive (R.A. No. 10667,
3. Execution of the orrniWeeohtiN l terre'd Ithks. the articles of merger or Sec. 20). `??t
consolidation by tgtforpo ate.offi ce r.s_of eact159nstitient corporation.
a. Thesitake the p ace of the articlesto fncoOoption Q: Give the exemptions from Probil:?itedilVlergers and Acquisitions.
r>. of the consolidated ANS: Merger or acquisition agree 1-7 , f-cii7.-.,,,
lmept;prOilitOst under Section 20 of the Philippine
coorforatrA,i r merfdlre—articles o inzorpo a ion of the surviving
9oeration. Competition Act may, nonetheless, bg§x6615t frcirii,Igroh II? i t IbfPpy the Commission when
12 A V' the parties establish either ofithe follOviirid;
4. Submissiorlof' aid articles of mgoerzOtconsolidatsnito the‘ SEC for approval. n ''
- 74W.:Ki6‘4
5. If necdssary, e S5C shall selthearing, not fying allgi`polations concerned 1. The concentraticrii has brovghtNbout or is likelyfito bring about gains in
ii 1...-
at leistliovveeks b‘etore. 1,
1.1
i ' , ‘,..,-4 1
efficienciestlet are greater...it114 the effects of anyi Iknitation on competition
that result or,likelOo Tesultfr;m the merger or acfruiSitiop agreement; or
6. Issuance-of certificate oftiO'geri:ibr cp*Ildation (Min anaq§avings and Loan
Assotbiatioinc. v. lkiklkomfp.eNo4-1y78618r
l Octobe M4; 2t 2. A partytiotRe merger or acqoeition agreement is faced with actual or
<-4 (---1 ,..„„2„. 17-
0
7)
i imminent financials failure, andAthe agreement repreSents the least anti-
-li...
Q: When is the merger oNccgs‘ olidatnTildnrnecirve? k„,4 comptive arJangement aniong}ithe known AtIterAtive uses for the failing
ANS: The merWrihblIonlfffctiVe\
\c, u ctV i lss , a96e o a certificate of merger by •
entitys ,,,,
assets.A,,.0 - a
, --... ,,-4,t,
<-.;/ -. 01
the SEC, subject to its priorocdrTiLiatib thap 6171)efger)s not inconsistent with the Note: The acquisition,_of the stock- or othqi share capital of corporations
Corporation Code or exiaqg la s Vfi8 e pa g.... 46-16e mfirger is$'special corporation solely for investriierAapffnOtused %it- voting or exercising control and not to otherwise
,, alAic lar /mandates that a favorable
governed by its sown cha er, ti-14-'\-9?,cter bring about or attempt to bring about ;the prevention, restriction or lessening of
recommendation of tilke, appropriate goer. 5c sl7opldyst be obtained (Ibid.). competition in the relevant market shall not bTffitaliipited (RA No. 10667, Sec. 21).
Note: If, upon investigakonii /SECAllas,Leasonito l eltev$ ,DOt the proposed merger or .;.) ...
consolidation is contraryl b edciisistept mitial,re p,roV sions of this Code or existing Q: Who has the burden4eof propfdricap p y l ing'fcir exeiiiption?
r ationssconcerned the opportunity to be
laws, it shall set a hearing okgiy! the goto ANS: The burden of proof liesOith the parties seeking the exemption. A party seeking
heard. The Commission shall th-ereafterroce "pr as provided in this Code to rely on the exennptionlifust!demonstrate that if the agreement were not implemented,
(CORPORATION CODE, Sec. 79). significant efficiency gains ‘16i118 not be realized (R.A. No. 10667, Sec. 22).

Effects and Limitations of Merger or Consolidation Q: When are parties required to notify the Philippine Competition Commission of
their agreement to a merger or acquisition?
Q: What are the effects of merger or consolidation? ANS: Parties to a merger or acquisition are required to provide notification when:
ANS: The following are the effects: (ADPE-DN) 1. Size of the Person Test: The aggregate annual gross revenues in, into or from
1. There is Automatic assumption of the liabilities of the absorbed corporation or the Philippines, or value of the assets in the Philippines of the ultimate parent
constituent corporations which are dissolved; entity of at least one of the acquiring or acquired entitles, exceeds five billion
2. The absorbed or constituent corporations are ipso facto Dissolved by pesos (P5,000,000,000.00); and
operation of law without necessity of any further act or deed but there is no 2. Size of the Transaction Test: The value of the transaction exceeds two billion
winding up or liquidation of their assets for the surviving corporation pesos (P2,000,000,000.00) (PCC Memorandum Circular No. 18-001).
automatically acquires all the liabilities of the constituent corporation;
3. Permits the transfer of the assets to the purchaser and the distribution of the Q: What is the effect of notification?
consideration received in a single operation; ANS: If within the periods provided in the law, the Commission determines that such
4. Involves Exchanges of properties, a transfer of the assets of the constituent agreement is prohibited and does not qualify for exemption, the Commission may:
corporations in exchange for securities in the new or surviving corporation but 1. Prohibit the implementation of the agreement;
neither involves winding up of the affairs of the constituent corporations; 2. Prohibit the implementation of the agreement unless and until it is modified by
5. Dissolution of the constituent corporations cannot be made to retroact to a changes specified by the Commission; or
date prior to the ratification of the stockholders but the transfer of the assets
110 111
 3. Prohibit the implementation of the agreement unless and until the pertinent Q: What is a derivative?
party or parties enter into legally enforceable agreements specified by the ANS: A derivative is a financial instrument whose value changes in response to
Commission (R.A. No. 10667, Sec. 18). changes in a specified interest rate, security price, commodity price, foreign exchange
rate, index of prices or rates, credit rating/index, or similar variable or underlying factor.
Q: What is the effect of agreements consummated by the parties prior to the They include but are not limited to options and warrants (SRC-IRR, Rule 3.1.9).
notification?
ANS: An agreement consummated in violation of the requirement to notify the Q: What is the difference between options and warrants?
Commission shall be considered void and subject the parties to an administrative fine of ANS: Options are contracts that give the buyer the right to buy or sell an underlying
one percent (1%) to five percent (5%) of the value of the transaction (R.A. No. 10667, security at a predetermined price, called the exercise or strike price, on or before a
Sec. 17). predetermined date, called the expiry date. There are two kinds of options: (1) call
options — right to buy; and (2) put options — right to sell (SRC-IRR, Rule 3.1.9.1).
Warrants, on the other hand, are rights to subscribe or purchase new shares or existing
shares in a company, on or before a pre-determined date (SRC-IRR, Rule 12.1.3.1.1.5).

Q: When is a person deemed to own a security?

A. REGISTRATION REQUIREMENT; EXEMPTIONS ANS: A person shall be deemed to ow.r9a security, to the extent he has a net long
Q: What are securities? position in such securities, if: (TP-S00: 'l
N I 1 p'. 1. He or his agent has TitlesiOir
ANS: Securities are shares, po11 .icipqtri, orjint'areptsin a corporation or in a
commercial enterprise r -rpakpgaventurezaLd4evidepobkpy a certificate, contract, 2. He has Purchased or liatilsrell gg \into an unconditional contract, binding on
instruments, whethe ri ten electronic in charaaer,c(§RC /Se . 3.1). both parties thereto, to pi:frohasg it and has not yet received it;
3. He owns a Security coOekbie46tor-ormcohangeab,IF for it and has tendered
Q: What are the yincp.oesectiritiesg, such security for coxersiofiliAdhandgOVRitt
ANS: The following are4inds f secutitie X 4. He has an OptiopktciPpurchase'orracquire it and has exercised such option; or
1. Shared of stocks, bonds, debeptv es, notes, ivideno indebtedness, asset- 5. He has Righlssor warrants AsOscribe to it and has exercised such rights or
.2. backed c7ities; warrants (SRe?1130, i•ARule 24?2f20,,1). ,.
Of . ,...--.-4 „ ...k r
Inveslmenti .ontractv, ceraibat7, ,!okinrodst or participation n a profit-sharing P,'. c
• ogre m_pt3, certificates of cOpbsit-for:alfuturepubscription• Q: Must securities1he registered with the'SEC before theyf an i Xkm publicly traded?
..vp 0,...%
3. Frac ona4idiv ye iTerests*Loilas, or of —dr ineral rig ts; ANS: Yes. As,,ageneratruie, except Ric those exempteqiundei the SRC, securities shall
41i.J.,- .-19it 1,,, ti. .., i.
4. Derivatiyslike opi ,,an not be sold orto fferedior
i--.7-4,- ----• .44, sale or distribu tions;
.,1,,li the„Philippines,mithout
-, -5...--,?, .: a registration
6
.:5. Certifiketesiof as . • 'ents ifijates, voting trust statement duly; filed with rand approved9'by the Commission firior
--;5•", f P. ' '' -
to such sale,
certific‘tes, orNmilak stc information on securitsrshalbbe made available to each prospective purchaser (SRC,
tuber ipY¢ertificates in corporations; and Sec. 8). 4..t*,,vi.::;''''-#,.. i F4
6. Proprietary; or no -prop4eta I" - iy•
(SRrC, Sec. 3.1). NA
7. Other ins` Knents s mayte,,durtrd,b theiSEC 4,(r . _,,
A
..,,
Q: What is the primary;purpose of the ,regmtKaktorW securities before they can be
.
Q: Is the list of securi es,stered in.Sectioraex61.usive? sold or traded to the public? dArztr:Aie:LL- 2e::1_.--ILA.T.R)
ANS: No. The term "sec riti,,,as' bodies all xi Ittialthan static principle, one that ANS: A primary means of prfitfating the investing public is the disclosure of the
is capable of adaptation to meg the couDfiqp 51)911able schemes devised by those important financial infoliqtintithrough the registration of securities. This information
who seek to use the money oralerst-ondhe.promise of profits (Gabionza v. CA, G.R. enables investors to make—informed judgments about whether to purchase a
No. 161057, September 12, 2008). corporation's securities (DIZON, Securities Regulation Code (2011), pp.69-70)
[hereinafter, DIZON, SRC].
Q: What are the two general classes of securities?
ANS: The enumeration in Sec. 3.1 of the SRC may be broadly divided into: Q: What is Howey Test? (Bar 2009)
1. Equity securities — include shares of stock, investment contracts, certificates of ANS: The Howey Test is a test developed in the U.S. in the case of SEC v. Howey (328
interest or participation in a profit sharing agreement, certificates of interest or U.S. 293) to determine whether a contract is in fact an investment contract, and
participation in a profit sharing agreement, certificates of deposit for a future therefore a security that must be registered before it can be publicly traded. It was
subscription, and fractional undivided interests in oil, gas or other mineral developed in order to prevent promoters from evading registration requirements by
rights. simply calling what is substantively a registrable security by some other name.
2. Debt securitieslinstruments — include any evidence of indebtedness such as
bonds, notes, debentrues, notes, evidences of indebtedness, and asset- Under the Howey Test, a transaction, contract, or scheme is a registrable security when
backed securities (DE LEON, Corporation Code, supra at 770). (1) it constitutes an investment of money (2) in a common enterprise, (3) with the
expectation of profits, (4) which are derive SOLELY from the efforts of others.
Q: What is an investment contract? (Bar 2010)
ANS: An investment contract means a contract, transaction, or scheme whereby a However, subsequent courts found the Howie Test to be too strict when it used the word
person invests his money in a common enterprise and is led to expect profits primarily "solely" and thus failed to prevent the evil it sought to stop. Thus, courts after Howie
from the efforts of others (2015 Implementing Rules and Regulations of the Securities have adopted "PRIMARILY" instead of "solely" as the qualifying term in the last element
Regulation Code, Rule 26.3.5) [hereinafter SRC-IRR].

112 113
in order to widen the scope of registrable securities, and broaden the protection of the B. PROHIBITIONS ON FRAUD, MANIPULATION, AND INSIDER TRADING
public. Q: What are the manipulative practices that are prohibited?
According to our Supreme Court in Power Homes v. SEC, the Philippine jurisdiction has ANS: It shall be unlawful for any person acting for himself or through a dealer or broker,
adopted the broader term "primarily" (Power Homes Unlimited Corp. v. SEC, G.R. No. directly or indirectly: (FaT-P2M2)
164182, February 26, 2008; SRC-IRR, Sec 26.3.5). 1. To create a False or misleading appearance of active trading in any listed
security traded in an Exchange or any other trading market:
Q: What are exempt securities? a. Wash Sale - By effecting any transaction in such security which
ANS: Exempt securities are those to which the requirement of registration under involves no change in the beneficial ownership thereof;
Subsection 8.1 of the SRC generally does not apply. The following are exempt b. Matching Orders - By entering an order or orders for the purchase or
securities: (GoD-ReLAB) sale of such security with the knowledge that a simultaneous order or
1. Any security issued or guaranteed by the Government of the Philippines, or by orders of substantially the same size, time and price, for the sale or
any political subdivision or agency thereof, or by any person controlled by and purchase of any such security, has or will be entered by or for the same
acting as an instrumentality of said Government. or different parties; or
2. Any security issued or guaranteed by the government of any country within c. Market rigging or jiggling - By performing similar act where there is no
which the Philippines maintains Diplomatic relations, or by any state, province change in beneficial ownership.
eof on the basis of reciprocity.
or political subdivision or qgency.ther, 2. To effect, alone or with otherga series of Transactions in securities that
3. Certificates issued pyseReceiyer r b -trustee in bankruptcy duly approved (AQUINO, Corporate Law,,;qtkreAt 722):
by the proper adjudicat ry body. a. Raises their priceA'orkfti#0 the purchase of a security, whether of the
4. Any securityirits deri, atives.the.sa g„..r sf
sfer o which, by Law, is under same or a differqritKlgsi:i of the same issuer or of a controlling,
the supervispriq110,:egulation of the Office , of Itie;lusurance Commission, controlled, or commqtyki rolled company y others;
Housing ,ptioftaAlAseRegulate- 0-13ciardv.o,r,theAtrea V Internal Revenue. b. Depresses thei44rie9iitqrsigge'ltel , OA security, whether of the
5. Any seen V s Added by thepS , Ecbyru)e or regulaliqn ert public hearing same or A.e,.different 'cletp, of the• - amegiOpuer or of a controlling,
6. Any se6uri issued ipy a Bank eXcepeats own shares of stock (SRC, Sec. 9). controlleditir comma* controlled companypy,others; or
:.
,'".- Y-% c. Creates active traditgig:e, induce such a,rpprchase or sale through
Q: What areIe epattransa tions? If;i1r , maniptiTatiVe devices suCh as marking the ;close, painting the tape,
1 2A k,i4
ANS: Exempt transactions e fitted"' tol4hieli,114 requirement. 4
registration under sneezinglthe-float, hypqond dump, boiler roonii operations and such
Subsection 8. 54h'eliSRC d es nologppi . 7.Theaexempt transactions re the following: ,,other similedeCiices... F.. . ,•:.
•-,-,,,..., i
(J-PISES-CBP-SEE) 3. To circulate oridisseminate 'information that the Price of apy security listed in
.ludical - or y ark7 e cutor, ad orNbardian/receiver in an F.PhangeWill4t is likely to rise or fall; ''‹i',V.7..;.-7M-'''';'1'"
4 . .4 ,
insolv ney °Nan 4. To make .false,;er,thisleadine4statement with rdelYeekke.4ahjt Material fact, which
, ,1.: ' -, I
2. Sale o Pledged or mcOgaged-se urify:,;to,j4u ate a bona f de debt;
'
he knewliKthq,ctreaepnable,,groupl, to believe was so false or misleading;
3. Sale on lsolatat ans'acte?bysiyyrio( 5. To effect ;either alPhe or with others, any series of transactions for the
4. Distributrog of atockdiv#A ribfflion out of surplus; purchase and/or sate of any secAipitAdOstip an Exchange for the purpose of
5. Sale of capital stocosqlxclusiVelPii'sfockhOldersVhpryno commission is paid; Pegging, fixii:OCit stabilOrigttgyptto:elplAt#34 security, unless otherwise
6. The issuancNt4b245,t r notes=secdleTdst3y Jepot5tgage upon real estate or allowed by thOode er'..11ywrules of the Commission.
tangible personatkprop,dgy, whritKenljre ortgage are sold to a Single 6. No person sitall, use& employ, any Manipulative or deceptive device or
purchaser at a singre`satt; contrivance. With1)A .90 any short sale be effected nor any stop-loss order be
7. Issuance of security in eZirefigefor any other security of the same issuer executed in connection with the purchase or sale of any security except in
pursuant to right of Conversion; accordance with such rules and regulations as the Commission may prescribe
8. Broker's transactions ; (SRC, Sec. 24).
9. Pre-incorporation subscription and subscription pursuant to an increase of the
ACS; Q: What are the fraudulent transactions prohibited under transactions of
10. Exchange of securities by issuer with existing Security holders exclusively, securities?
when no commission is paid for soliciting such exchange; ANS: It shall be unlawful for any person, directly or indirectly, in connection with the
11. Sale to Less than 20 persons during any 12- month period; and purchase or sale of any securities to:
12. Sale of securities to banks, registered investment house, insurance 1. Employ any device, scheme, or artifice to defraud;
companies, pension fund or retirement plan maintained by the Government or 2. Obtain money or property by means of any untrue statement of a material fact
other persons authorized by the BSP to engage in trust functions (SRC, Sec. of any omission to state a material fact necessary in order to make the
10). statements made not misleading; or
Note: The list is not exclusive because the Commision may exempt other transactions, 3. Engage in any act, transaction, practice, or course of business which operates
if it finds that the requirement of registration under the Corporation Code is not or would operate as a fraud or deceit upon any person (SRC, Sec. 26).
necessary in the public interest or for the protection of the investors (AQUINO,
Corporate Law, supra at 717).
Q: Who is an insider? Q: When is information considered as "material non-public"?
ANS: An Insider is: ANS: Information is considered "material non-public" if:
1. The issuer; 1. It has not been generally disclosed to the public and would likely affect the
2. A director or officer (or any person performing similar functions) of, or a person market price of the security after being disseminated to the public and the
controlling the issuer; lapse of a reasonable time for the market to absorb the information; or
3. A person whose relationship or former relationship to the issuer gives or gave 2. Would be considered by a reasonable person important under the
him access to material information about the issuer or the security that is not circumstances in determining his course of action whether to buy, sell or hold
generally available to the public; a security (SRC, Sec. 27.2).
4. A government employee, director, or officer of an exchange, clearing agency
and/or self-regulatory organization who has access to material information Q: What is the presumption when an insider sells securities?
about an issuer or a security that is not generally available to the public; or ANS: A sale of a security made by an insider or such insider's spouse or relatives by
5. A person who learns such information by a communication from any of the affinity or consanguinity within the second degree, legitimate, or common-law, shall be
forgoing insiders (SRC, Sec. 3). presumed to have been effected while in possession of material non-public information if
transacted after such information came into existence but prior to dissemination of such
Q: What is insider trading? information to the public and the lapse of a reasonable time for the market to absorb
ANS: Insider trading is the tradingc2f,,a.corpp ion's stock or other securities (e.g. such information (SRC, Sec. 27.1).
bonds or stock options) by jpdiVidualsit polealkaccess to non-public information
about the company. It isp:fracticXn which nit s defqaqtated party trades based on Q: Is there an exception to the ,,ptefeumption that an insider sells securities while
material non-public informf&I obt ed.during eepey5cir - nanse of the insider's duties holding material non-public inyrOtron?(;A
at the corporation oyoiherwipe` IV reach of a fiduciaiyabr otheN2lationship of trust and ANS: Yes. There is an exception :ilporhOiiving by the purchaser or seller that he was
confidence or whep fr4ap-Rub.lic-infornrOitin-was isa plopn teed from the company not aware of the material non-publiWrffdrfriation="at
, w14,v,,, !,,,. -
the tine of the purchase or sale
(DIZON, SRC, sup "p (SRC, Sec. 27.1). t.
P A
,:., 1,
‘K
Q: What is a short sallIM-
,-1,-..,
,,.., ,,,",
VI
Q: What consliOes insider( trading?
ting? /41 .%'-: r., r•
ANS: The folio • iiipa• ivities ons itute insii er ra IN: ANS: A short sale is aleansaction in which the seller does notfaetually f lk
own the stock he
1. The 6ing and selling‘KdrO , Oda& a ecurity r te issuer, while in or she is selling but borhitwttitt:froM the bra- . er-dealer through which he or she is placing
possess'ori of mate inform orrith respect to trssjiier or the security the sell order. The4re is‘riikdd„on - - credit/loan i
from the broker since 1-. the sellers present
e.,..$'
that no ,general ailable 1dA eivep : cash position ,may not allow him to take advantage of }he anpcipated change in price.
AV ),-.,:
-:: ;•:
a. r/peAthe\ er proves t atA e inf )g,a ion aslt gained from such (Investopedi,V$1,2C-IRRpRqle 24 2-2). -Tr','
reratiovhip6`k, 6 r••• V: r '. .4 4'
b. kf, the of er part , to er'f, yiAV rom the insi er (or his agent) is Q: Who are not,allowedito:rengagep short sales? Wh'liateltiejeprohibited?
icr tified, the insid p
Tha ed'scsfase;;Afi?r9atisrrto the orther party, or
ANS: No directoMfficeiedfiarincipg stodiVolder
vo of a corporation is allowed to make a
short sale of securities of th4corpcirationipf which he is a director, officer, or principal
iii That)he ath reas td-btfieve-tha4heiother party otherwise is stockholder (SRC-IRR,4:Fgule44.2-10). P4::."4:. ,.-',,„,„,
®also in.possession of.therrirortfoRC, Sec. 27.1). .• ''''
,,,, x1"-1.- .'1,- 1. 7.A- N'a
2. The communicatioutniateriallup-pAi4nftFnation about the issuer or the The reason for this ruvqs because a director, `officer, or principal stockholder is in a
security by an insiffeNto any persdnioroby virtue of the communication, position to cause a chdiige,in iii:e4price of the security after making such short sale and
becomes an insider if the insidrconicating the information has reason to thus constitutes securitie0ati6
believe that such person will likely buy or sell a security of the issuer while in
possession of such information (SRC, Sec. 27.3). Q: How is insider trading distinguished from illegal short selling?
3. Where a tender offer has commenced or is about to commence for: ANS: In illegal short sales, the director, officer, or principal stockholder first trades on
a. The buying or selling of securities by any person (other than the tender the stocks, and then causes its price to drop by some scheme in violation of fiduciary
offeror) who is in possession of material non-public information relating obligations (no prior knowledge required).
to such tender offer;
b. The communication of material non-public information relating to the In insider trading, the "insider" knows that drop in price is about to happen and so trades
tender offer by any tender offeror, those acting on its behalf, the issuer away the stock in anticipation thereof. (prior possession of material non-public
of the securities sought or to be sought by such tender offer, and any knowledge required before trade).
insider of such issuer to any other person where such communication is
likely to result in a violation of the preceding paragraph (SRC, Sec. Q: What is Margin Trading Rule? (Bar 2009)
27.4). ANS: Under the Margin Trading Rule, no registered broker or dealer, or member of an
exchange shall extend credit on any security an amount greater than whichever is
higher of:
1. 65% of the current market price of the security, or
2. 100% of the lowest market price of the security during the preceding 36
calendar months, but not more than 75% of the current market price (SRC,
Sec. 48).

116 117
Q: What is the purpose of Margin Trading Rule? effected within said period for justifiable reasons in which case,
ANS: The purpose of the Margin Trading Rule is to prevent excessive use of credit for notification in writing shall be made with the Exchange and the
the purchase of securities. It is a counter to a broker's desire to generate more sales by Commission (SRC-IRR, Rule 50.2).
encouraging clients to but securities on credit (Carolina Industries, Inc. v. CMS Stock b. In this sense, "closing out" is the act of terminating an account on which
Brokerage, Inc., G.R. No. L-46908, May 17, 1980). the margin is inadequate or exhausted, usually by sale of securities to
realize cash (Collins English Dictionary.).
It will be noted that trading on credit (or "margin trading") allows investors to buy more c. The "mandatory close-out rule" clearly vest upon broker/trader/dealer
securities than their cash position would normally allow. Investors pay only a portion of the obligation, not just the right, to cancel or otherwise liquidate a
the purchase price of the securities; their broker advances for them the balance of the customer's order, if payment is not received within three days from the
purchase price and keeps the securities as collateral for the advance or loan. Hence, date of purchase (Abacus Securities Corporation v. Ampil, supra).
increasing margins (i.e., decreasing the amounts which brokers may lend for the Note: In both senses, the "mandatory close out rule" is a rule which obliges a broker-
speculative purchase and carrying of stocks) is the most direct and effective method of trader to perform acts of settling trades (close out positions) in order to limit the extent
discouraging an abnormal attraction of funds into the stock market and achieving a more and period of speculative securities trading. This is because in both short sales and
balanced use of such resources (Abacus Securities Corporation v. Ampil, G.R. No. margin trades, the broker-trader extends credit to the seller/buyer so that the latter may
160016, February 27, 2006); trade on credit (on loan). The law places the burden of compliance with margin
requirements primarily upon the brokers a t d dealers. These duties are imposed upon
Q: Explain the Mandatory Clg§e=01.1-1 the broker to ensure faithful compliencqtyph the margin requirements of the law, which
Ans: The phrase "mandato -chi e ourrule iitisgd o refer to two different rules under forbids a broker from extendingAridue8credit to a customer (Abacus Securities
our Securities Regulatioj' awk 1/4-1 -. V Corporation v. Ampil, supra).
1. On the one anOte/S -0-eges the terenktoz rtbthe rule enunciated in Rule
24.2-2.7 S elRR 'mplepentin Sectior/gt*.2 of the SRC on short Q: What is the purpose of the M4n,C1 ::a10iy;tIlo.pk„9,ut
:.„
sales. ANS: The word "shall", as opp,6sectMthpiibrd-grrlayNti,tiiperative and operates to
--,i' Nv, \-,,„0
a. e "Mandato -CI* OAILRule" efer "tithe rule where a broker- impose a duty, which rray'Se legallY's e'nforced. ForleariSictions subsequent to an
ust aclose-our aShort sale: ( , g,..\ unpaid order, the brokeMhould requite0 customer to depot funds into the account
-, .,
withinthe-settlerhafit-periodror ksi '1 sufficient to cover eaCttikaigchase t6iltaftion prior to its execution. These duties are
I a! imposed upon the brofil'Or tpois.ure'faithfiAcompliance with the margin
on the next-tusineps-,-03y,aft r sett e'mtrit date, unless the p requirements of
purchkse cenbtibeffscted with saidpoiiiqds for justifiable the law, which forbids a ,6:nfiket; from extendi
ng undue .credittoia customer (Abacus
reescm in wh'icbT4S0, the;fr S -4.-s
, hall be notified in writing of Securities Corporation y„Ainpil, supra).
su 1-90stifiable-fea on,. sl
first 6v"clokhg Out2is,,t "i'-Oess fpurc l asing the security Q: Under theIRC','When)do
that thekseller i 0'140' \ grin thedshort sale. ANS: Civil LiabiliV arises::
i. T e sellerrybo,t,z9d2,,Whott sale is obligated to "buy back", 1. On accoliiragfaISVegistration Otement (SRC, Sec. 56).
wit in these TenT;per od greet' upon, the securities in order 2. Sale of security in *Wiwi of registration requirements (SRC, Sec. 57).
to "Cirise'''th , °amt. he erl oF not from the short 3. Sale of security b0 means of7TiFO'VeCtus.. or communication with untrue
sale)f.a, statement (SRC,Sec 57) -— my
Cc\ 1 4. For fraud in connection with securities transaction (SRC, Sec. 58).
ii. lliniertieiffiandatory
v.7 close;truce-in the SRC-IRR, if the seller
N• I ,3
fa116'to,4perform fIVIOlttsing,our,- then the broker-dealer must 5. For manipulatit security prices (SRC, Sec. 59).
close out purchase said stock on behalf of 6. With respect to-d6rneriodity futures contracts and pre-need plans (SRC, Sec.
the seller. 60).
iii. This must be done as soon as possible in order to ensure that 7. On account of insider trading (SRC, Sec. 61).
ownership of the security "shorted" will not remain uncertain.
Q: Under the SRC, is mere presence of negligence sufficient to hold a person
iv. In effect, the broker-dealer extends a margin/credit to the seller.
2. On the other hand, the Supreme Court used the term "Mandatory Close Out accountable for civil liabilities?
Rule" to refer to the rule found in Sections 48 and 50 of the SRC, as ANS: No. To constitute violation of the securities law, fraud or deceit, not mere
implemented by Rule 50.1 and 50.2 of the SRC-IRR. negligence, on the part of the offender must be established (SEC v. CA, G.R. No.
a. In the sense used by the Court, "Mandatory Close Out Rule" refers to 10643132, July 21, 1995).
the rule where a broker-dealer must "close-out" a margin trade such
that: C PROTECTION OF INVESTORS
i. Purchases by a customer in a cash account shall be paid in full Tenderofferrule
within three (3) business days after the trade date (SRC-IRR, Q: What is a public company under the SRC?
Rule 50.1). ANS: A public company can either be:
ii. If full payment is not received within the required time period, 1. A corporation listed in an exchange; or
the Broker Dealer shall cancel or otherwise liquidate the 2. A corporation with assets of at least fifty million pesos (50,000,000.00) and
transaction, or the unsettled portion thereof, starting on the next having two hundred (200) or more stockholders holding at least one hundred
business day but not beyond ten (10) business days following (100) shares each (SRC, Sec. 19; SRC-IRR, Rule 3.1.16).
the last day for the customer to pay, unless such sale cannot be

118 119
Q: What is a tender offer? community because many of the procedures and regulations associated with tenders do
ANS: Tender offer is a publicly announced intention by a person acting alone or in not apply to them (DIZON, SRC, supra at 128).
concert with other persons to acquire equity securities of a public company (SRC-IRR,
Rule 19.1.8). Q: What is the period for making a tender offer?
ANS: The tender offer, unless withdrawn, shall remain open until the expiration of:
Q: What is the purpose of the tender offer rule? 1. At least twenty (20) business days from its commencement, provided,
ANS: The purpose of the tender offer rule is to protect minority shareholders against however, that an offer should generally be completed within 60 days from the
any scheme that dilutes the share value of their investments. It gives the minority date the intention to acquire is publicly announced; or
shareholders the chance to exit the company under reasonable terms, giving them the 2. At least ten (10) business days from the date the notice of a change in the
opportunity to sell their shares at the same price as those of the majority shareholders percentage of the class of securities being sought or in the consideration
(Cemco Holdings v. National Life Insurance Co., G.R. No. 171815, August 7, 2007). offered is first published, sent, or given to security holders (SRC-IRR, Rule
19.9.1).
Q: When is the tender offer rule mandatory? (2010 Bar)
ANS: The tender offer rule shall be mandatory in the following acquisitions: Q: Does the tender offer rule cover the acquisition of shares in a corporation
1. Any person or group of persons acting in concert, who intends to acquire which in turn owns equity in a public company?
thirty-five percent (35%) or more of equity shares in a public company ANS: Yes. The SEC and the Court of Appeals accurately pointed out that the coverage
pursuant to an agree enrrtilnaireen or among the person and one or of the mandatory tender offer rule, cogenot only direct acquisition but also indirect
more sellers; acquisition or "any type of acquisttti",44 means that if an acquisition of stock in a
2. Any person o group ,perso actin jh cpncertw who intends to acquire holding company would result to IndtebtoWnership of a public company that meets the
thirty-five per9ent‘.(3 genre oreti riity,ot*is' ill:4a public company in one thresholds under Rule 19.2 of theISRCiiRTO then a tender offer is likewise mandatory
e (Vend s; or
or more tr ni o sewittiji.,..a-perjsid-of42tv'q (Cemco Holdings v. National Life Insr.iranceCo:17supra.).
3. If any ac iti of e'Gn less ban thirty-fi\e.Rercent\ 5%) would result in
ownership ifty-of pgi.kenN51%) of IkVolal outstanding equity Rules on proxy solicitation-
securi es of a ubli company (plc-/RR, Rul 19.2),( con h;=,fir
What is proxy solicitation?
ANS: Proxy solicitation is A.,
Q: When is the mandatory tender:ire" rpqpiregientigot apptli,cable?
1. Any requestifor
,.41-r-- at.OfOxY"or authorilation; '1,
ANS: The follarigli:16 exempt froltrOidit5BLtsnder ffer require ept: ,,,,, w... i,
2. Any rwest to executwor not to hecute, or to revoke a proxy or authorization;
1. case dish es frotriqh-eaa'sued c pita stoalliiGh would not result
ore„o, {vrhip-ofs' aces-by-th as,p iI 3. Thelfmnishing.i2t:a form oflprovtor other comulation.to rn security holders
und;e0 circumstance treasonably calculate4497wq%nppe procurement,
2. of _de\siromien i Crepse/ 46rizeVEIRital stock;
0.9Nvyi ttl fO.(4,01§y.kg2procetdingsflinvolving a duly withhblding owevocation.ota proxy (SRC-II4MLE2021,2).
3. ,.„ '
constihthpledge o tde ity ar e where`/the acquisition is made by rkei,x,,4 -- 1, ,4
Q: What is the difference betweencprox14`Solicitation and proxy validation?
the debt or creditor; es the securing-and submission of proxies, while proxy
ANS: Proxy solicitation; involl
4. Purchases in tonne do :.kirErlysgaab0 u d$rtee fby the government of validation concerns thAz„validation of 94910*iitoik,an,d, submitted proxies. Proxy
the Philippin s; •Ck solicitation is a procedti e that ardeeedds *WialiaatraifiGS/S v. CA et al, G.R. No.
5. Purchases in c neGt with core aft eAabiliton under court supervision; 183905, April 16, 2009)x'9
6. Purchases throug n pen mitt , prevailing market price;
7. Merger and consolidation C- ule"(9.3.1). 4D4r4
Disclosure rule
Q: When can an issuer make a tender offer? Q: Discuss the Disclosure Rule.
ANS: The issuer can reacquire, repurchase, or buy back its own securities only if such ANS: All companies, listed or applying for listing, are required to divulge truthfully and
issuer has unrestricted retained earnings in its books to cover the amount of shares to accurately, all material information about themselves and the securities they sell for the
be purchased, and the same is pursuant to any of the following purposes: protection of the investing public and under pain of administrative, criminal and civil
1. To implement a stock option or stock purchase plan; sanctions (PSE v. CA, G.R. No. 126549, October 27, 2007). Thus, Section 8 of the
2. To meet short-term obligations which can be settled by the re-issuance of the SRC, which requires disclosure of all material information during registration, embodies
repurchased shares; the disclosure rule.
3. To pay dissenting or withdrawing stockholders entitled to payment for their
shares under the Corporation Code; Q: Aside from Section 8, what other provisions of the SRC embodies the Full
4. Such other legitimate corporate purpose/s (SRC-IRR, Rule 19.4.1). Material Disclosure Rule?
ANS: Sections 30 and 36 of the RSA (now Secs. 27 and 23, respectively of the SRC)
Q: What is a mini tender offer? were enacted to promote full disclosure in the securities market and prevent
ANS: Mini tender offer is a type of third-party offer made to a company's shareholders unscrupulous individuals, who by their positions obtain non-public information, from
as an attempt to purchase the underlying shares. It usually involves less than 5% of a taking advantage of an uninformed public. Section 30 prevented the unfair use of non-
company's outstanding shares and typically represents a discount compared to the public information in securities transactions, while Section 36 allowed the SEC to
stock's current market price. These offers are typically frowned upon by the investment monitor the transactions entered by corporate officers/directors as regards the securities
of their companies (SEC v. Interport Resources, G.R. No. 135808, October 6, 2008).

120 121
 The conservator merely takes the place of a bank's board of directors. What the said
board cannot do — such as repudiating a contract validly entered into under the doctrine
of implied authority — the conservator cannot do either (id.).
A. THE NEW CENTRAL BANK ACT (R4 7653, AS AMENDED BY RA 77P11)
Handling of banks in distress Q: To whom is the conservator accountable?
ANS: The conservator shall report and be responsible to the Monetary Board (NCBA,
Q: What is the nature of conservatorship?
Sec. 29, par. 1).
ANS: It is a tool for restoring the viability of banks and quasi-banks. It consists of
carrying out a package of administrative, organizational, financial, and/or other
Q: When is the term of a conservatorship?
measures to address the state of continuing inability or unwillingness to maintain a
ANS: Conservatorship shall not exceed 1 year. However, the Monetary Board may, at
condition of liquidity deemed adequate to protect the interest of depositors and creditors
(Bangko Sentral ng Pilipinas, The New Central Bank Act Annotated, p 122) thereinafter
any time before the expiration of the 1-year period, terminate the conservatorship on
any of the following grounds:
NCBA Annotated].
1. When the institution can continue to operate on its own and the
conservatorship is no longer necessary; or
Q: What are the grounds for the appointment of conservator?
2. When, on the basis of the report of the conservator, or the findings of the
ANS: The Monetary Board may appoint a conservator when it finds that an institution is
Monetary Board, it is determinWhat the continuance of the business of the
in a state of: institution would involve pr,o0b11 loss to its depositors or creditors, in which
1. Continuing inabiV oor •
nepto miintain a conditionliquidity deemed adequate case, the provision on thela receivership shall apply (NCBA, Sec 29).
2. Continuing unyilling,
to protect deposit rsland cre-5116rsVirepubZipfrk 7,653, or the New Central
Q: What is the "Close now, Healiiiatpr.,T SRiieme?
Bank Act, , Sec. 29 1 There, after,' CBA]).
ANS: In cases of existence of the„dr§,(ingkrgeRix9ship w170, liquidation, the Monetary
to appoint aTeonAeJv3d,k3r? Board may summarily and without nee'dIforforibirtie'griritgfgatthe institution from doing
Q: Who has theipo
business in the PhilippirLesvarfd desigriateffie person orentiptyi,authorized by law to act
ANS: The designation fa conservator fOtanks and vested exclusively
as receiver of a bankiilglistitution (NCBA Sec. 30(d); Viva KThe Monetary Board of
with the Monetary-Boa d (NC86~Sec_30, fat
the Bangko Sentral ngRilipfpas and,the Philippine Deposit einaurance Corporation, G.R.
Nt..-F' - , 1111 --'7'7, 1,'"'4
Q: What is till pro5eklure in order,-,tp‘plald-ansmstittition unplE_c_inservatorship?
No. 191424, August „7,1R01q) :;:--- 'f F? 1

ANS: To place azInstAutip-rik\ler conqem_tojltilp, thdr 9Ilqwinp7RiNdure is followed: ztfollta )1 ;

Q: Is "Close now, Hearjater" valid? 4' fi

1. A report it'Mibnipliit o-the-MeriOary-Boardfict e a ropriate supervising or •
ANS: Yes. The3fallowi igpolicy reasons justify the practice
exam troe art nt\otthe BSF14,E''i,_ /A, i 1. As a'-measure. for the prOction[ohthe publf6111tR6WAiftction is called for
2. The oneta kkialTstA ftnitlirg/1),Ige.d on 2 ch report, that there are
5 ,etseVa
s) , torpip; BSP when it inds that a ItthViein dire straits. Unless
on thevprt ,6e,AO
groundkto plackthertMo ur)d, r
adequate :76riedetTsmined effOfts are taken by the government against
3. The Monetary . Boasd, 19/ife". eecise, i sf(lis5jetion, orders the institution to
ig_ conserVatdrsildt40i aco servat9 for such purpose; distressed mismanaged b4.-t54,i.,o,yblic
, faith in the banking system is
be placedl
certain to deteriorate to the prAjO4c-,dbth,e,pational economy itself, not to
4. The BoardltDiriCIOT _•0--insti uronolfrust beybrmed in writing of the
bard • ec n Arlolve , atorship (NCBA, Sec. 29 & mention the?4,4Osses ,stifferdiRYOrzA&blrikOdepositors, creditors, and
order of the MOnetkyfiiii
$- stockholders,' ally deserve the protection of the government (Philippine
30). '-.1
Veterans Bank;EMpliryees Union-NUBE v. Philippine Veterans Bank, G.R. No.
67125, August 24';'49g0); •
Q: Who can be appointed as conservator?
2. It prevents the unwarranted dissipation of the bank's assets and is a valid
ANS: Any person who is (1) competent and (2) knowledgeable in bank operations and
exercise of police power to protect the depositors, creditors, stockholders and
management (NCBA, Sec. 29, par. 2).
general public (Vivas v. The Monetary Board, supra).
3. To require previous hearing would not only be impractical but would tend to
Q: What are the powers and duties of the Conservator?
defeat the very purpose of the law (Rural Bank of Lucena, Inc. v. Arca, G.R.
ANS: The conservator shall have all the powers as may be necessary to: (Re2-TOC)
No. L-21146, September 20, 1965).
1. Restore the viability of the institution;
2. Reorganize the management of the institution;
Q: Can the closure order of the Monetary Board be the subject of an appeal or
3. Take charge of the assets, liabilities, and the management of the institution; injunction?
4. Overrule or revoke the actions of the previous management and board of ANS: No. The action of the Monetary Board is final and executory and may not be
directors of the bank or quasi-banks; and
restrained or set aside by the court except on petition for certiorari on the ground that
5. Collect all monies and debts due said institution (NCBA, Sec. 29, par. 1). the action taken was in excess of jurisdiction or with such grave abuse of discretion as
Note: The powers of the conservator cannot extend to the post-facto repudiation of to amount to lack or excess of jurisdiction (NCBA, Sec. 30; Rural Bank of San Miguel v.
perfected transactions. Otherwise, they would infringe against the non-impairment
Monetary Board, G.R. No. 150886, February 16, 2007).
clause of the Constitution. The law merely gives the conservator the power to revoke
Note: This rule also applies to the order of conservatorship (NCBA, Sec. 30).
contracts that are, under existing law, deemed to be defective: i.e., void, voidable,
unenforceable or rescissible (First PH Bank v. CA, G.R. No. 115849, January 24, 1996).

122 123
Q: How is the remedy of certiorari from an order of the Monetary Board to place 5. Is Unable to pay its liabilities as they become due in the ordinary course of
an institution under conservatorship, receivership, or liquidation taken? business except when such inability is caused by extraordinary demands
ANS: Stockholders of record representing the majority of the capital stock representing induced by financial panic in the banking community (NCBA, Sec. 30(a));
a majority of the shares may file a petition for certiorari within 10 days from the receipt 6. Has been Dormant for at least sixty (60) days (NCBA, Sec. 30(a));
by the Board of Directors of the institution of the order •of receivership, liquidation, or 7. Has notified the Bangko Sentral or has publicly announced a Unilateral closure
conservatorship (NCBA, Sec. 30). (NCBA, Sec. 30(a));
8. Has announced a continuous Bank holiday for more than thirty (30) days
Q: Distinguish between the role of a conservator and that of a receiver of a bank. (GBL, Sec. 53);
ANS: The Conservator is appointed for a period not exceeding 1 year, to take charge of 9. Has, in any other manner, Suspended the payment of its deposit/deposit
the assets, liabilities, and the management of a bank or a quasi-bank in a state of substitute liabilities (NCBA, Sec. 30(a); GBL, Sec. 53).
continuing inability or unwillingness to maintain a condition of liquidity deemed adequate Note: The grounds for placing a bank under receivership cannot be given retroactive
to protect the interest of depositors and creditors (NCBA, Sec. 29). application (General Bank and Trust Co. v. Central Bank, G.R. No. 152551, June 15,
2006).
On the other hand, the Receiver is appointed to manage a closed bank or quasi-bank in
order to either rehabilitate or liquidate the bank because: Q: What is the procedure in order to place an institution under receivership?
1. is unable to pay its liabilities in the ordinary course of business, ANS: The procedure to place a bank undAreceivership is as follows:
2. has insufficient realizale 'STOrn t 1. A report is submitted to tileOfit*tary Board by the appropriate supervising or
3. cannot continue i b siness wit o probable losses to its depositors or
creditors; or ‘v 2.
examining department ogtbrOSITA
The Monetary Board rn:41.Z.tifi!Aing, based on such report, that there are
4. has willfully ,violate aoofigrank sisWqer, involving acts or grounds to place the institution receivership;
t..a.gtz!Z
ransactio Sxarhou ting to raud-or a bikeythe assets (NCBA, Sec. 3. The Monetary Board surnerikilVaindwithout notice or hearing, orders the
30). institution closed, forbiddiriVoliiAdiiTgL°415tisirfe'g, and places it under
Q: May closedpanks be reh
y receivership; „:;30'
4. The Board of:Directors of ktbe4stitution must b;;formed in writing of the
ANS: Banks clpsed,bithe gionetacy_Bbrifishall_rio_longer 4e-rehayilitated (Republic order of the Monetary Boa, rd,brFegting the receiveAtilp',.and liquidation (NCBA,
Act. 3591, as " &died by RtblicAct Nq 10.846,,Secl 12) Ih'erpingfter, PDIC Law]. Sec. 30). A'1
4.4t•

However, quasynktIng jnstikution§l4ojechand plao unde rege vership may be Note: Upon designation orIhe,PDIC as receiver of a closed kank,`ithe PDIC shall serve
rehabilitated o liquidated ' qts kaula - notice of such fact andAd closure OfIthe1/4bank shall befdeerned effective upon proper
service of suchTridtice ofz8lOsure vic La 'Asec. 140)1,
. kt •
377f*
•
Q: What is the croon of qmersbip rroce/edi gs?
ANS: Whether or purpose \of.cr• alZi.Ztoy eneral purpose of Q: Should a barkk,have.;iize,en firstiplace0 under conservatorship before it can be
receivership proceedings is- closed and place'dginder reCeiverdhip?b
1. To receive S(-Nipv ANS: No. The designation offe conservatef,,is,pot,a precondition to the designation of a
2. To preservelie bajtAassefstirr-s' ObstiAonof i 4prgier management; and receiver (NCBA, Sec. 3(1,1,par.--4z).
3. To prevent the‘Vss9tiori ofitsassels,to‘ttiek,c,i,1 rinient of the creditors of the
bank (Banco Fihm99,,,.Sdilings thltdAWA.000)Ban v. Monetary Board, Central Q: Does receivership(termineKpr suspend a bank's corporate existence for legal
Bank of the PhilippineskG„..,&NeY100etember 11, 1991). purposes? %),,,,4t
Note: Receivership is equivalent to i a -illijMon to restrain the bank officers from ANS: No. The appointmant- cif a receiver does not terminate the bank's corporate
intermeddling with the property of the bank in any way (Villanueva v. CA, G.R. No. existence nor prohibits the bank from suing or from being sued (Chemical Nat. Bank v.
114870, May 26, 1995). Hartford Deposit Co. 161 U.S. 1, 40 L ed 595, 1986).

Q: What are the grounds to place a bank or quasi-bank under receivership? It merely suspends the authority of the bank and of its officers and directors over its
ANS: A bank or quasi-bank shall be placed under receivership whenever, upon report of property and effects, such authority being reposed on the receiver (Villanueva v. CA,
the head of the supervising or examining department, the Monetary Board finds that a supra).
bank or quasi-bank: (CLIP-U-BUDS)
1. Has willfully violated a Cease and desist order, issued pursuant to Section 37 Rehabilitation (when applicable) contemplates a continuance of corporate life and
of the NCBA, after it has become final, involving acts or transactions which activities in an effort to restore and reinstate the corporation to its former position of
amount to fraud or a dissipation of the assets of the institution (NCBA, Sec. successful operation and solvency (Philippine Veterans Bank Employees Union v. Vega,
30(d)); G.R. No. 105364, June 28, 2001).
2. Cannot continue in business without involving probable Losses to its
depositors or creditors (NCBA, Sec. 30(c)); Q: What are the legal effects of receivership on the assets of a bank?
3. Has Insufficient realizable assets, as determined by the Bangko Sentral, to ANS: During receivership, the assets of the closed bank shall be deemed in custodia
meet its liabilities (NCBA, Sec. 30(b)); legis in the hands of the receiver and such assets shall not be subject to attachment,
4. Has Persisted in conducting its business in en unsafe or unsound manner garnishment, execution, levy or any other court processes. A judge, officer of the court
(Republic Act No. 8791, or the General Banking Law of 2000, Sec. 56) or any other person who shall issue, order, process or cause the issuance or
[hereinafter, GBL];
124 125
implementation of the writ of garnishment, levy, attachment or execution or execution
shall be liable to criminal prosecution (NCBA, Annotated, supra at 143). Q: How may the PDIC, its authorized representative, conduct the liquidation of a
bank?
ANS: A receiver is authorized to adopt and implement, without need of consent of the
Q: Do deposit accounts earn interest while the bank is under receivership?
ANS: No. A bank is also not liable to pay interest on deposits which accrue during the stockholders, board of directors, creditors or depositors of the closed bank, any or a
period when the bank is closed and non-operational (Fidelity Savings and Mortgage combination of the following modes of liquidation:
1. Conventional liquidation; and
Bank v. Cenzon, G.R. No. L-46208, 5 April 1990).
2. Purchase of assets and/or assumption of liabilities (PDIC Law, Sec. 13(a)).
Q: Who may be appointed as receiver?
ANS: The law authorizes the appointment of the following persons as receivers: Q: What does the law mean when it refers to "purchase of assets and assumption
of liabilities"?
1. For banks: The PDIC (PDIC Law, Sec. 12); ANS: The receiver (PDIC) shall have the authority to facilitate and implement the
2. For quasi-banks and non-stock savings and loan associations: any person of
recognized competence in banking, credit, or finance may be appointed or purchase of the assets of the closed bank and the assumption of its liabilities by another
designated (NCBA, Sec. 30). insured bank, without need for approval of the liquidation court (PDIC Law, Sec. 15).
Q: What are "Takeover Activities"?
ANS: Upon the proper service of thuptice.of,ctcore, the receiver shall have authority B. SECRECY OF BANK DEPOSITS (R4 1405, AS AMENDED, AND RA 6426, AS
1. to use reasonable fo c‘udin the dritho ity to force open the premises of AMENDED)
the bank; Prohibited acts and Exemptions
i k
2. to exercise J _ necessary .-to take actual physical possession and
custody ofjh' dlifits assets, reco <1,06c fie ,ts; and Q: What are the prohibited actsAddi:R P. No. 1405?
ANS: The following acts are prohiqtildAiSAR.A. No. 1405:
3. to take c argegA aff irs-(PDT76"-Vir;-Sec,N
1. Examination of and inqyjryfgnr6ilcokillwin_to all qe-nosits, of whatever nature,
,,. ) 7AC
73 , with the banks in the,PhiliptiirtesOCILiCiiriglinlim*ts in bonds issued by the
All directors, offpers, Inploy es oriagent.t. oTthe cloSed bqn shag have the duty to
immediately a9count for, s rrender ancHurn over to the(U ceik/er, and provide Government, itslpoiiiical subdiv sions, and its indtentalities (Republic Act
No. 1405, Sap); and
information rerr eAto, the gsse s, reco, s, an a ars of the clo ed bank in their •
2. Any disclosurtseW any official orf.,employee of ap £anking institution to any
possession,(cu todyi administratalfery4a0pit (P /C La Ma 4(c)).
unauthorizappersiihlorany information concerning the said deposits (Republic
\ if--,,cri
,, l
7-7.2,
1:,,4' Act No, 4405, Se'qX9),,,
When the circ delves arrant, trre toesal gove 'Int unit and law enforcement 1
la
;;
agencies concerned tiall,on equet? i ' inediatel riiyrde adsistdqce to the receiver 4 g
to ensure the orderlAonduc ..o the takeb teLa,ctiv,itieka d thegsectIV and safety of the Q: Does R.A06?140.ftg:v;r1.3.ot.6,h.,74es o foreigr.kc4PRAt§rWt.'
ANS: No. R.A4No. 1405:20y coveis peaC7:depositiVie ,,fialktegtAattire with banks or
personnel of the eceive and ecW'' pltle6s \of tie4 o?ded bank (PD/p Law, Sec. 14(d)).
banking institutiozd,s1n t; hilippin9s investments4rbonds issued by the
Q: What is liquidation? Government of the5iPfillippit2es, its politi6a1 subdivisions, and its instrumentalities
AN (Republic Act No. 1405,. Sec.q. •-•4
ANS: It is a court-aslieed pso eejn ictLc en ew -," ing
v p and settling accounts . Al •
with creditors and debtqL -sraprocessoO reKcin . assets to cash, discharging
liabilities, and dividing surplus ariiiss — la gtcL
oro4istri tide" assets to those entitled to On the other hand, foreign depositkafet,notvcoveredkrd&fse they are regulated by the
Foreign Currency Deposit Act No. 6426, otherwise known as the Foreign Currency
receive them (NCBA, Annotke'd) 4,7-Yr
Deposit Act of the Philippines, la's amended, Sec. 8) [hereinafter, FCDA].
.ktlitp147.
Q: What is the difference between Involuntary and Voluntary Liquidation?
ANS: Involuntary liquidation occurs when any of the grounds enumerated in Section 30 Q: What are the exceptions to the secrecy of domestic bank deposits under R.A.
No. 1405?
of the NCBA is present and the institution is closed by by the Monetary Board (GBL,
ANS: Under R.A. No. 1405, the following are the exceptions: (WIL-B)
Sec. 69). A bank ordered close by the Monetary Board shall immediately be placed
1. Upon Written permission of the depositor;
under receivership for purposes of liquidation (PD/C Law, Sec. 12).
2. In cases of Impeachment; and
3. Upon the order of a competent court—
On the other hand, a voluntary liquidation is commenced by written notice sent to the a. in cases where the money deposited or invested is the subject matter of the
Monetary Board. Monetary Board shall have the right to intervene and take such steps
Litigation;
as may be necessary to protect the interest of creditors (GBL, Sec. 68). b. in cases of Bribery or dereliction of duty of public officials (R.A. No. 1405, Sec.
2).
Q: In general, what are the steps undertaken in conventional liquidation?
ANS: Conventional liquidation involves the following steps:
Q: What are the exceptions to the secrecy of domestic bank deposits under other
1. Asset Management and Conversion laws?
2. Judicial Proceedings for Assistance in the Liquidation of a Closed Bank ANS: Other laws provide the following exceptions to the secrecy of bank deposits:
3. Winding Up (PDIC Law, Sec. 16) 1. Under the Constitution
a. The Commission on Audit is authorized to examine and audit
Government deposits pertaining to the Government or any of its

126
127
 agencies including GOCCs with original charters (CONST., Art. IX-D, existence of the deposit account is purely incidental to the execution process (China
Sec. 2(1)); Banking Corporation v. Ortega, G.R. No. L-34964, January 31, 1973).
2. Under the Anti-Graft and Corrupt Practices Act (R.A. No. 3019)-
a. Upon the order of a competent court or tribunal in cases involving It is hard to conceive that it was ever within the intention of Congress to enable debtors
unexplained wealth under the Anti-Graft and Corrupt Practices Act to evade payment of their just debts, even if ordered by the Court, through the expedient
(R.A. No. 3019, Sec. 8). of converting their assets into cash and depositing the same in a bank (id.).
3. Under the Anti-Money Laundering Act (R.A. No. 9160, otherwise known as the
Anti-Money Laundering Act of 2001 as amended by R.A. No. 9194)- Q: What is the rule on the garnishment of foreign currency deposits?
ANS: Foreign currency deposits, due to its absolutely confidential nature, shall be
a. Upon order of any competent court in cases of violation of the Anti-
Money Laundering Law, if there is probable cause that the deposits or exempt from attachment, garnishment, or any other order or process of any court,
investments with any banking or non-bank financial institution are legislative body, government agency, or any administrative body whatsoever (FCDA,
related to an unlawful activity; Sec. 8).
b. Without any need for court order in cases of money laundering offense
involving the following unlawful activities: (R.A. No. 9194, Sec. 8) Q: When can foreign currency deposits be inquired into?
i. Kidnapping for ransom under Art. 267 of the RPC ANS: Although foreign currency deposits are of absolutely confidential nature, they can
ii. Hijacking and _ther=v* ations under R.A. No. 6235 be inquired into by any person, government official, bureau or office whether judicial or
iii. Destructi e Ars n dtMq derqInder the RPC, including those administrative or legislative or any otheyelfitity whether public or private upon the written
.0,-• es permission of the depositor (FCDAtf866.0)\
wpetrati by err ripjagaingtk on-combatant persons and ••
i la terg,4 41
Vio 4tlopeof Secs. 4, 5, 6, (i' 0 ;I:z2 -3, 14, 15, and 16 of the Q: Are there instances when*qviqpb0ity of foreign currency deposits was
4?prtbensivrtWe'rous.DrunAct oV0,02. allowed to be breached by the Supreme
ncla me&Balases 'FA (49t Nri...`3936 a,s7wSnded by Presidential ANS: Yes. In view of the dignctive-iwcprnstancesAtMapt to the cases where an
4. Under t
Decre No. 67 Ihetein after UBV Zit exception was made, the .SuOeme Court was constrained to limited pro hac vice
rulings. •
a. Qisclo ure to the Trea04Nof the Phi ippinesfeo mant deposits for .,
e'apt 10 years(UBA, Sec. 2) §
In Salvacion v. Central:Bankotthe- Philippines (G.R. No. 94723,Viugust 21, 1997), the
5. Unde the-Npw Central Bgitipg 10-7"7
a. D' ctors 0 offkers,
,...,r, Steck,hifildeitsnd related interest, o contract Loan Supreme Court,glidi'not apply ,the general'iple. It allowed execution upon the foreign
sak /WV" m dattAith their be k or related bank currency deposits ali;4#ent forelbrierko had illegall y detained and raped a minor
o a,ny for o financia c o
e \
are-rtuir cl-T 1 /4 n waivkr_of se ite<o deposits (NCBA, Filipina to sati4thmourt award of damages to the,victirp.-0- ,
414
Wc f q) ‹)
..:-.... .c.f,:," In China Banking,, orpkajton v. C,A (G R. No. 140687, December 18, 2006), the
6. Under eiDDIet,La -k'S
a. Tte Philippine DAositkInvran 4 ommpsion an the Bangko Sentral Supreme Court allowed lis:e Gotiebuy 01 inquire into the account where US-dollar
mak( inquAajr2to. ep si sw enjhere is affinding of Unsafe or denominated checiestwpich ha been unleg9y4telm from him were deposited. It may
unsop.pd baplAngaradti ' ic ag, Spc46 be noted though that the,potirt argued that is the named co-payee of
7. Under the Hirman(S3ppritr Act.(R,ArNo. 937:2)). such checks which had been n drite'd'rrtGliiiig,Berikibilfits co-payee, he is likewise a
a. The Courttkp . l. Akeals, -pieligge- j d\aea special court, may issue an
31.0 depositor thereof. Thusliis inciOiri into the foreign currency deposit had the "permission
order authingaw onz etifokeriie officers to examine deposits and of the depositors."
records in a banls iriamcid institution in connection with anti-
Terrorism case (R.A. No. 9372, Sec. 27); In both cases, the Court justified the pro hac vice rulings on the ground that the law
8. Under Executive Order No. 1, s. 1986 should be used to prevent injustice—not cause it. Article 10 of the Civil Code provides
a. The Presidential Commission on Good Government, in the conduct of that in case of doubt in the interpretation or application of laws, it is presumed that the
its investigations to recover ill-gotten wealth accumulated by former lawmaking body intended right and justice to prevail. Clearly, it was not the intent of the
President Ferdinand Marcos, his immediate family, relatives, legislature when it enacted the law on secrecy on foreign currency deposits to
subordinates and close associates. perpetuate injustice (Id.).
Note: The power of the Commissioner of Internal Revenue to inquire into bank deposits
under Sec. 6(f) of R.A. No. 8242 (National Internal Revenue Code) was deleted under C GENERAL BANKING LAW OF 2000 (RA 8791)
R.A. No. 10963 (TRAIN Law). No BIR regulation or Supreme Court decision has yet to Nature of bank funds and bank deposits
clarify the effect of the deletion as to the power of the BIR to inquire into bank deposits.
Q: What is the nature of bank funds and deposits?
ANS: They are treated as simple loans because they earn interest. These deposits,
Garnishment of deposits. including foreign deposits
whether fixed, savings, or current, are covered by the law on loans (CIVIL CODE, Art.
Q: Does garnishment for satisfaction of judgement debt violate R.A. No. 1405? 1980). Bank deposits are in the nature of irregular deposits (Serrano v. Central Bank,
ANS: No. The prohibition against examination of or inquiry into a bank deposit under G.R. No. L-30511, February 14, 1980).
R.A. No. 1405 does not preclude its being garnished to ensure satisfaction of a
judgment because there is no real inquiry in such a case. The disclosure of the

128 129
Q: What is the relationship between the depositor and the bank with respect to Exception: The written approval shall not be required for loans, other credit
the money deposited? accommodations, and advances granted to officers under a fringe benefit plan approved
ANS: Because a bank deposit is a loan, there is a debtor-creditor relationship created by the Bangko Sentral (id.).
between the bank and its depositor. The bank is the debtor and the depositor is the Note: The above described transactions are commonly referred to as "DOSRI
creditor. The depositor lends the bank money and the bank agrees to pay the depositor transactions."
on demand (BPI v. First Metro Investment Corp., G.R. No. 132390, December 8, 2004).
Q: Are DOSRI transactions illegal per se?
Q: Since bank deposits are simple loans, what are the legal consequences of ANS: No. They are only subject to certain restrictions in order to prevent abuse by
making a bank deposit? DOSRI. The reason for such restriction is that we do not want banks to make unsound
ANS: The following are the legal consequences of making a bank deposit: credit decisions because of insider pressure and we do not want banks to have earnings
1. The bank can make use of the money deposited as its own. It is not held in reduced as a result of self-dealing on more favorable terms than would be available to
trust or sake-keeping (Tang Tiong Tick v. American Aphothecaries, G.R. No. other customers (BROOME AND MARKHAM, Regulation of Bank Financial Service
L-43682, March 31, 1938). Activities, 2001, ed., p. 303).
2. Officers of the bank cannot be held liable for estafa if they authorized the use
of the money deposited by the depositor (Guingona v. City Fiscal of Manila, Q: What is the obligation of a person obtaining a DOSRI transaction under the
G.R. No. L-60033, April 4,9,84); New Central Bank Act?
ANS: Any director, officer, or stocipolyer bra
3. Third persons whomarhaveprigh oto 'evrieney deposited cannot hold the who, together with his related interest,
bank responsiblefrinle;ks,,,stherkislaicogrtPrderk(Fulton Iron Works v. China contracts a loan or any form of finatiaKaAcommodation from the bank of such director,
Banking Corytp 11\19. 32576,-Neveag6, /9)0);vnd officer, or stockholder shall be reggsed„Wle lending bank to waive the secrecy of his
4. Banks cani sr9ff‘t,tIoder8; its with the indebtednegs:of the depositor that are deposits of whatever nature in all 0:enkkittliiPhilippines (NCBA, Sec. 26).
due and demangable Gullarrp,'IVB7G:-R o. 43191, Awember 13, 1935). Note: Any information obtained fro:OitinVaminappg.of his deposits shall be held strictly
confidential and may be used by,hei,e0MOISIOtilyomoRriegon with their supervisory
Diligence required ofbanks and examination responsibillty,Or by thel Bengko SetitrePAMappropriate legal action it
i has initiated involving the deposit acco'unt Y/d.).
Q: What is thebiligetre re uirecLfromliiiank
ANS: A bank ins recifiiroed to e erctr-the 111,gh_es-v,d,jegree of diligence. ip its transactions, Q: When is the waiver:Of the secredy of;lbank deposits re'q(dred under the NCBA?
because it is knpresppd with ublicerestflAi!versii o Mincianaa, inc. v. BSP, G.R. ANS: Under No. 2,,,,e,BSF,'tir,9ular No. 17 ,(August
0 5, /398),ithevaiver of the secrecy
Nos. 194964-65-45hwary -11-1 2016P1WeNgt ,' the degree oafdiligence is not of bank depositOhbll apply theffolkylAig requisitesjconCur:
expected to belexerteg b In g-in-commercial-transac i , s tha do not involve a bank's 1. Thafgogower iFT,director,, office ;.or any stockholder of a bank;
fiduciary relaticrip))7vith tq,dapositoTh. ( TO v. OX—G.R. No. 1:8492, August 15, 2. sudnliks,cdhir.adts a ban or arVform of finaneragaceorhenpdation;
2001). \ \ -1
X\\„ , Ft1 - V• kV 3. The loan or financial accommodation is from
,,,, t'.%ta'-
Note: This fiduciary relattcnsniQ iLS
i t aloth a Vs op igation is to observe "high a. his:banki:5 " ..
standards of integrqy and p‘r!or 45, "1 e d ritternto every deposit agreement 4ei
b. a bOriksthat is,a subsidiary/of a bank holding company of which both his

i
n
between a bank andizdepositor (Pe.
_„,ry
..,1 ,p1t1ING,O), a-R. Na 191015r August 6, 2014).

Q: Why is a bank required- o@cercise ex raordr na ,diligence with respect to the

handling of deposits?
bank end leriqing bank arte-,Wqfpries, or
c. a bankArrach a contralitif6rOpliftTOn‘cf the shares is owned by the
same ;interest „that3'ciwns a controlling proportion of the shares of his
/ bank; v:
ANS: The nature of the bankin business is_affectell with public interest. The bank is 4. The loan or financiak?accommodation of the DOS, singly or with that of his
under obligation to treat the accounts of its depositors with meticulous care, always related interest, is in excess of 5% of the capital and surplus of the lending
having in mind the fiduciary nature of their relationship because a blunder on the part of bank or in the maximum amount permitted by law, whichever is lower.
bank, such as the dishonor of a check without good reason, can cause the depositor not Note: The "director, officer, or any stockholder" should himself be the borrower or
a little embarrassment if not also financial loss and perhaps even civil and criminal recipient of the loan or financial accommodation (BSP Circular No. 170 s. 1998, No. 3).
litigation. The depositor expects the bank to treat his account with the utmost fidelity, Note further: The "related interests" are themselves not required to waive the secrecy
whether such account consists only of a few hundred pesos or of millions (Simex of their deposits. The function of the phrase "who, together with his related interest" in
International Inc. v. CA, G.R. No. 88013, March 19, 1990). Section 26 of the NCBA is to determine whether the loan(s) or financial
accommodation(s) exceeds the aggregate ceiling prescribed therein (BSP Circular No.
Prohibited transactions by bank directors and officers 170 s. 1998, No. 3).
Q: What does the General Banking Law require for bank exposures to Directors,
Officers, Stockholders, and their Related Interests (DOSRI)? Q: Who are deemed to be the Related Interests of covered Directors, Officers, and
Stockholders (DOS)?
ANS: No director or officer of any bank shall (a) directly or indirectly, for himself or as
ANS: Under Sec. X326.1, as amended by BSP Circular No. 423 s. 2004, "related
the representative or agent of others, borrow from such bank (b) nor shall he become a
interests" shall refer to any of the following:
guarantor, endorser or surety for loans from such bank to others, or (c) in any manner
1. Spouse, relatives within first degree of consanguinity or affinity, or relative by
be an obligor or incur any contractual liability to the bank, except with the written
legal adoption of a DOS;
approval of the majority of all the directors of the bank, excluding the director concerned
2. Partnerships in which a DOS, or a person described under (a), is a general
(GBL, Sec. 36). partner;

130 131
 3. A co-owner with the DOS or a person described under (a), of the property,
interest or right mortgaged, pledged, or assigned to secure the loans or other
r BEDAN RED BOOK
credit accommodations, except when the mortgage, pledge or assignment D. PHILIPPINE DEPOSIT INSURANCE CORPORATION ACT (RA 3591, AS
covers only said co-owner's undivided interest; AMENDED)
4. Corporation, association, or firm of which a DO or his spouse is also a director tkdinuitk2
igrajoi
,uirmccos rgatt
or officer, EXCEPT
a. where the securities of such corporation are listed and traded in the big Q: How much is the Maximum Deposit Insurance Coverage?
board or commercial and industrial board of domestic stock exchanges ANS: The amount should not exceed Five hundred thousand pesos (P506,000.00)
(PDIC Law, Sec. 5(j)).
and less than 50% of the voting stock is owned by 1 person or by
Note: if the depositor has two or more accounts with the same bank, the maximum
persons related to each other within the first degree of consanguinity or coverage pertains to the sum of all such accounts maintained In the same right and
affinity; capacity (Id.).
b. where the DOS sits as a representative of the bank in the board of
directors of such corporation; or Insured cleposit$
c. where the corporation is. at least ninety-nine percent (99%)-owned by a
Q: What are Insured Deposits?
non-stock corporation (B4P Circular No. 965); ANS: This Is the amount due to any bona fide depositor for legitimate deposits In an
5. Corporation, association, or insured bank as of the date of closure but not to exceed Five hundred thousand pesos
a. of which an a gr p f po -'*of.,ttie lending bank and/ or their (P500,000.00) (PDIC Law. Soc. 5(0).
spouses" relatives wit file tidegre•t of consanguinity or affinity Note: Foreign currency deposits are coed 9d undeiM provisions of the PDIC Law, as
or relgtiT '67102adosationr okrowh at least 20% of the subscribed amended and Insurance paymerptiiilitkin thir.egme currency In which the insured
capitgeof s "orporkion, or of th-e4ecruily ofibch association or firm; deposits are denominated. (BSP leak 130, @rm. 79).
a.
b. w 61 mon .-owne --d..,irdOntral eMbiy ea'hy related entity or a group q•:1 1"
a gjatp notes in iterrig2),-( , an A(51(a Q: How are Insured Deposits pald? 144'7 11,
c. ANS: Payment shall be madp by the PDIC; as on as sblble either (1) by cash or (2)
hichtowns gr controls directIP., r indir ctlyv ethertsingly or as part of
o t " < by making available to each depositor a rethecred deposit another insured bank in
( 6igsrojige.dof!related
pital ot interest st at leas twen ercent (20%) of the an amount equal to Insured deposit of sue 4 debbtitor (PDIC ,Sec. 19).
1-613etantia s ockholdersLti lending bank or Note: The PDIC, in its' discretion, may recigffe proof of cl tial filed before paying
Priiclicontrors m'agity;inHregro:ttrie bi 6k; anal', I the insured deposits, and ffilt in any case where the P Y IC of satisfied as to the
d. i,MI-uch
ii the I ndingibtAigton its went or sthbsidiary holds or owns validity of a ciptip"fOr an irisured deposit, r,play require ination of a court of
at east_,,e ty percaa 72(3%) of /t e.,:ubkcribeF , d capital of such competent ju scljption be(ore paying such claim (Id.).
e 1:1
Foipcytioill ' Nn theq'ulty-tpf suc, ,.associatioQocal firm, or has an • • a•r+
/ i
existing m aagemept kotitttot wLf the' lenIg bank or its ,r-tr.t.gA 1
,19
t
rentVid g. Q: What is splitting ordepct Jts? 0
I \''/
T
Q: What are the other restVicti.issrp.OS i-transactjons?
ANS: Splitting of deposits o2ricurs whengx.,,,„„_
er a deposit account with an outstanding
balance of more than,'ttip ,sratutory maxinitTirApount of insured deposit maintained
ANS: The following are other,staluta _Nk._.. let o •o""' 0813. transactions: (A2IR)
re,g'J
i3 under the name of natt,irel or juridical pirsonioreirerdsown or transferred into 2 or
1. Arms' Length ulecTjeailbgs,of,a_baalc,wit gy of itsoDOS shall be upon terms more accounts in the ripme/s, pf..natural or juridical persons or entities who have no
not less favorab o-the flank than t ered,(Ahers (GBL, Sec. 36); beneficial ownership on'figipfted deposits in their names within 120 days immediately
2. aggregate Ceilings ''''..1 i preceding or during a bank-declared bank holiday, or immediately preceding a closure
a. The Monetary arattl—mayt=re late the amount of loans, credit order issued by the Monetary Board of the BSP for the purpose of availing of the
accommodations and guarantees that may be extended, directly or maximum deposit insurance coverage (PDIC Law, Sec..2609(1)(e)).
indirectly, by a bank to its DOS, as well as investments of such bank in
'Splitting of Deposits' is also referred to as the creation of fictitious or fraudulent loans or
enterprises owned or controlled by said DOS (R.A. No. 8791, Sec. 36); deposit accounts (id.).
and
b. The Manual of Regulations for Banks provides that the aggregate is Q: Is Splitting of Deposits allowed?
15% of the total loan portfolio of the bank or 100% of the combined ANS: No. The penalty of imprisonment of not less than six (6) years but not more than
capital accounts, whichever is lower (MORB, Sec. X331, as amended twelve (12) years or a fine of not less than Fifty thousand pesos (P50,000.00) but not
by BSP Circular No. 423); more than Ten million pesos (P10,000,000.00), or both, at the discretion of the court,
3. Individual Ceilings sfil be imposed upon any director, officer, employee, or agent of a bank who shall
a. The outstanding loans, credit accommodations and guarantees allow a depositor to create fictitious or fraudulent loans or deposit accounts (PDIC Law,
extended to DOSRI shall be limited to an amount equivalent to their Sec. 26(I)(1)(e)).
respective unencumbered deposits and book value of their paid-in Note: The depositor or borrower himself can also be punished for 'conspiring or willfully
capital contribution in the bank (MORB, Sec. X330, as amended by participating in any of the offenses enumerated in Paragraph 1 of this section' (PDIC
BSP Circular No. 423); Law, Sec. 26(1) (2) (1)).
4. Reportorial Requirement
a. The resolution approving the loan shall be entered in the records of the
bank and a copy of the entry shall be transmitted forthwith to the 133
Supervising Examination Sector of the BSP (GBL, Sec. 36).

132
 Q: What is a "Non-Prejudicial Disclosure"?
E;i(RAV82;9 ANS: The disclosure of information contained in the application during the 12 months
preceding the filing date or the priority date of the application shall not prejudice the
A. PATENTS applicant on the ground of lack of novelty, if such disclosure was made by:
Q: What are intellectual property rights? 1. The inventor, Including any person, who, at the filing date of application, had
ANS: Intellectual Property Rights refer to those property rights which result from the the right to patent;
physical manifestation of original thought (Ballantine's Law Dictionary). They are legal 2. The patent office, and the information was contained:
rights which result from intellectual activity in the industrial, scientific, literary and artistic a. In another application filed by the inventor and should not have been
disclosed by the office; or
fields (World Intellectual Property Organization Intellectual Property Handbook, 2004).
Thus, there are no property rights protected by law in mere ideas or mental b. In an application filed without the knowledge or consent of the inventor
conceptions. It is only when creations of mind are put in tangible form that it becomes by a third party which obtained the information directly or indirectly from
an appropriate subject for protection (63A Am. Jur. 3d, Property, Sec. 5). the inventor; or
3. A third party which obtained the information directly or indirectly from the
inventor (Sec. 25.1, IPC).
Intellectual property rights, such as copyright and the neighboring right against
rebroadcasting, establish an artificial and limited monopoly to reward creativity. Without Q: What are non-patentable inventions?
ave extreme difficulty recovering their ANS: Non-patentable inventions are those which are excluded from patent protection.
these legally enforceable rights, creatpr.s.willj.L
. .,_
These are the following: (DM-TPAD)1
costs and capturing the surplusftopofit-pf tfileirwTrkstks_ reflected in their markets. This,
1. Discoveries, scientific thOpyie ,,.aul mathematical methods, and in the case of
in turn, is based on the thj.Kthat\the poobilitMf Oique to creative work creates an
incentive which may iTrrove fflcispcy.or.sirnp19 4nhan9eNonsumer welfare or utility drugs and medicines, trl.stWOcovery of a new form or new property of a
known substance whicdoes*Oresult in the enhancement of the known
(ABS-CBN Corp. v. Gicizon, G oNo. 195956, March411f2015)
efficacy of that substance oltito*ey9si e,:ef a kno#p process unless it results
1_, in a new product that,:prnplonOtebitVheney.ir,e,90nt (Sea 22.1, IPC);
Patentable vs. nee-%atentable invehtionS . \-v7
l 2. Schemes, rule&,an'd methods ?l performing MenipIkacts, playing games, or
Q: What are pateentablel inveltionsc ;\'' -- A e doing business"and prograrricAt) computers (Sec. ,g2s2, IPC);
ANS: Patentab ertnitions efer ta_aay2fqdholcaLsolujon o aproblpm in any field of 3. Methods for Treatment of thWhullan or animal body tIDN,kpurgery or therapy and
human activity high is new, invq_ips..ap lipvenfiyesterf, and isiiridugtqially applicable. It diagnostic rrathtidszpracliced §.11 the humanffor -' animal body, excluding
may be, or ay re 4e to, a prodritt7CdPiocesl, or an inn rovement of any of the productsofiii composition for use, any of theseTrnepodS(Sec. 22a IPC);
foregoing (Sec
1 2,1 1PC). td-\-- r,pi3 4. Plan) arieties or animal breeds or essentially biological process for the
--.ci
,,-, prodyctiOn o101its of animals excluding microorganisms and non-biological
Q: What are thenqy Vte ,c4 and%)crobiolggiCaPproc4es *a 224, IPDX::.j''''''
ANS: The requilifes are the 5. AesthetiggreatifiR(Sec..2z15, //*; and
1. Techni4I Solut ion - solution of a problem in any field 6. Anything whidiqibbntrarylpfo public order or morality (Sea 226, IPC).
of humakactivithSec.
,.3.4 r1
.f, 1
2. Inventive S,t;- heijqg e'dQit:YNblihta dtiskot obv'ous to a person skilled Ownership of a baten'tiv.05.
in the art a e 97npl 'o'Stlielfling:_daleoniv prior' date of the application
claiming the inveztioW5ec. -267/PC7r:-.A\ Niv Q: To whom does thetrght to,p1Ratent belong?'
3. Novelty - it does ribVsknipart okirldre(.lepll23, IPC); ANS: The right to the p‘feht 136j,6ngs to the inventor, his heirs, or assigns. When two (2)
4. Industrial Applicability7-Itcappi cedand used in any industry (Sec. 27, or more persons have niV,,be invention, the right to a patent shall belong to them
IPC); and jointly (Sec. 28, IPC).
5. Patentable Subject Matter - is not otherwise listed as non-patentable (Sec. 22,
Q:Who owns the inventions created pursuant to a commission or employment?
IPC). ANS: The person who commissions the work shall own the patent, unless otherwise
provided in the contract (Sec. 30.1, IPC).
Q: What is a Prior Art?
ANS: Prior art consists of:
In case an employee made the invention in the course of his employment, the patent
1. That which has been made available to the public anywhere in the world
before the filing date or the priority date of the application claiming the shall belong to:
1. The employee, if the inventive activity is not a part of his regular duties, even
invention (Sec. 24.1, IPC); and
if he uses the time, facilities, and materials of the employer; and
2. The whole contents of an application for a patent, utility model, or industrial
design registration, filed with a priority date that is earlier than the filing or 2. The employer, If the invention is the result of the performance of his regularly
priority date of the application (Sec. 24.2, IPC). assigned duties, unless there is an agreement, expresses or implied, to the
contrary (Sec. 30.2, IPC).
Q: Is there any exception to the requisite of novelty?
ANS: Yes. When there has been a "Non-Prejudicial Disclosure" (Sec. 25, IPC).
Q: Can the rights to a patent be assigned? Q: What are the rights of action of a person, other than the applicant who first
ANS: Yes. An assignment may be of the entire right, title, or interest in and to the patent filed an application over an invention, who is judicially declared as having the
and the invention covered thereby, or of an undivided share of the entire patent and right to the patent over such invention?
invention, in which event the parties become joint owners thereof. An assignment may ANS: Such person may, within three (3) months from the finality of the decision:
also be limited to a specified territory (Sec. 104, IPC). 1. Prosecute the application as his own application in place of the applicant;
Note: The right over inventions accrues from the moment of creation and as a right it 2. File a new application with respect to the same invention;
can lawfully be assigned. Once the title thereto is vested in the transferee, the latter has 3. Request that the pending application be refused;
the right to apply for its registration (Arts. 712 and 721, New Civil Code). 4. Seek the cancellation of the patent, if already issued (Sec. 67, IPC).
Q: What is the "First-to-File" Rule? Rights conferred by a patent
ANS: If two or more persons have made the invention separately and independently of
each other, the right to the patent shall belong to the person who filed an application Q: What are the rights Conferred by a patent?
for such invention, or where two or more applications are filed for the same invention, to ANS: A patent shall confer on its owner the following exclusive rights: (RAC)
the applicant who has the earliest filing date, or the earliest priority date (Sec. 29, 1. The Right to Restrain, prohibit, and prevent;
IPC). a. Where the subject matter of a patent is a product: any unauthorized
Note: Naturally, for this rule to apply ere nust at least be two persons who have person or entity from making, using, offering for sale, selling or
made the invention separatelpogria i1 depen itlyof each other. Otherwise, joint
,..__ importing that product;.,;'
ownership under Section, ,28°Inkexist or ,ittialio my call for the application of b. Where the subje5tOptt4 of a patent is a process: any unauthorized
Section 67 where the ju)di wiry dparectsig tf irivkfito is;able to seek the cancellation person or entitygr‘orpf4pg the process, and from manufacturing,
of adverse claim. dealing in, usingt*tigVir:2,4offering for sale, or importing any product
obtained directly of 1,0106.tV from such procqss (Sec. 71.1, IPC);
Q: What if the Ri f
of P4 n 2 The Right to Assign octransfor lii§ucCepsiort,044ent (Sea 71.Z IPC); and
ANS: This is an ft iin to the Fiii-toigeNle. Accor trig to this right, any person
who has previo • sly applied f r the sameloyention in t note poi19tv which by treaty,
,.., i42
3. The Right to Conclude'ficegiri.6 "CaTrCle(sg6lai IP C).
deo-
convention, or a lords s milar-privile00-te-Filipin9 citiz `s.,D is granted a right of Limitations on patent:tights
priority and thei pp cation shalQzp-corkidered as led as Ofirie tdate of filing the E'er s.4, .,,Y \ t
Q: What are the limitation,§;Impatnt r
ights? i
foreign application, rgovided t' e folloaming.con ns h tie been Teti TC)
ANS: The followlagragthellimitations: -i
1.. The I • a "Elict7A,Expresilyns priori 1. Non:infringing Personal Use: Tike owner of , patept ha;no right to prevent
2. It is filed 4thin, blve-0-2- cinths—f date Ile earliest foreign
thirq*liezfroniiprforTing, wig* his autpOri4asti4,thefoiiowing acts:
appli o , is fil ' •d,
V z71
A N. . tzi LA-%
.-..--,,,, i I a. 7Using of-Vatenftproduet which ffat0,0p;I:pkik(il-plthe market in the
3. A Certified copy of a igirap licati• gether with arti nglish translation, ,e.bjpgirriep-ipy the owner qiihe product, or'iiiiitfihig express consent;
is filed ' ,thin 6' onth 1 't ate,o fin thePhilipp'nes (Sec. 31, IPC). b. appiting ltie paterit prtately and on a non-commercial scale or
Grounds for cancellation of .patectiOE purpoT; li.
Ns .7 -'"ftk,.. c. Makinv)viting the patent*, 0::ikole purpose of scientific research
Q:What are the grounds forS” -s ncellation,otapa and eariment445ratk ai.V.-ZM
ANS: Any interested pei"goizoay,fipon TatymAn quired fee, petition to cancel d. In casqof drugOnd medicines, testing, using, making, or selling the
‘ t PVt
the patent or any claim thereof of parts O. be clai , on any of the following grounds: inventitnA91;tliding any data related thereto, solely for a purpose
(NeDCo) reasonablVVreated to (1) the development and submission of
1. That invention is not New or patentable; information and (2) the issuance of approvals by government regulatory
2. That the patent does not Disclose the invention in a manner sufficiently clear agencies required under any Philippine or foreign law (R.A. No. 9502,
and complete for it to be carried out by any person skilled in the art; or otherwise known as the Universally Accessible Cheaper and Quality
3. That the patent is Contrary to public order or morality (Sec. 61.1, IPC). Medicines Act of 2008, Sec. 7);
Note: Where the grounds for cancellation relate to some of the claims or parts of the e. Preparation for individual cases, in a pharmacy or by a medical
claim, cancellation may be effected to.such extent only (Sec. 61.2, 1PC). professional, a medicine in accordance with a medical prescription; and
f. Use of the patented product if it occurs in vehicles in transit in the
Q: What is the effect of the cancellation of a patent or claim?
country, provided that such invention is used exclusively for the needs
ANS: Cancellation of a patent or application terminates and any all rights conferred by of the ship, vessel aircraft, or land vehicle and not used for the
the patent or application therefor (Sec. 66, IPC). manufacturing of anything to be sold within the Philippines (Sec. 72,
IPC);
Remedy of the true and actual inventor
2. Use by Prior User
Q: What is the remedy of the true and actual inventor? a. A Prior User is a person other than the applicant, who started using in
ANS: If a person, who was deprived of the patent without his consent or through fraud, good faith the invention in the Philippines, or undertaken serious
. is declared by final court order or decision to be the true and actual inventor, the court preparations to use the same, before the filing date or priority date.
shall order for his substitution as patentee, or at the option of the true inventor, cancel b. A prior user shall have the right to continue the use of the patented
the patent, and award actual and other damages in his favor if warranted by the invention
circumstances (Sec. 68, IPC).
136 137
 c. However, his right to use as a prior user may only be transferred or Q: What are the defenses in an action for infringement?
assigned further with his enterprise or business. (Sec. 73, IPC) ANS: The defenses in an action for infringement are:
1. Invalidity of patent or claim; and/or .4
3. Use by Government: The government or a third person authorized by it may 2. Existence of ground for cancellation (Sec. 81, IPC).
use the patent without authority of the patent owner if:
a. Public interest so requires; B. TRADEMARKS
b. The manner of exploitation by the owner of the patent is anti- Marks vs. collective marks vs. trade names
competitive;
c. In case of drugs and medicines, there is a national emergency or other Q: What are the kinds of "marks"?
circumstance of extreme urgency requiring the use of the invention; ANS: The kinds of marks are:(TS-WCC)
1. Trademarks;
d. In case of drugs and medicines, when there is a public non-commercial
use of the patent by the patentee, without satisfactory reason; and 2. Service marks;
e. In case of drugs and medicines, when the demand for the patented 3. well-known marks;
article in the Philippines is not being met to an adequate extent and 4. qollective marks; and
under reasonable terms (Sec. 8, R.A. No. 9502). 5. certification marks (FUNA, Trademark Law of The Philippines Vol. 1 (2012),
pp. 24-26) [hereinafter referred to as FUNA, Trademark Law].
Patent infringement Q: What is a Mark?
IN,
Q: What constitutes pife tAlfriingement?
T ANS: A mark is any visible sign , ca pab,177qff;:listinguishing the goods or services of an
ANS: Patent infringepfen ref cr`the—Trakingsirigel offering for sale, selling, or enterprise and shall include a stamP&I ck,Frialked container of goods (Sec. 121.1, IPC).
importing a patentedrpql c o aaraaict-pbtaiz2d directly,00pinIliectly from a patented
process, or the use" a pa e"Atlecl`processVithout frie.aut orizatio of the patentee (Sec. A mark which distinguishes goods,frornr;othergdc-54 calledtrademark. A mark which
distinguishes services from other serViCe`siis'call4d'4a1SrerViceMark (id.).
76.1,. IPC). P )4
Q: What is a Collective:Mark? - P ,e'Vt,
Q: What are the)telts n patentinfring , q
at9nt infri1\, geRent,,aret,',1,1 ._,-,.., ANS: A collective mark efers to anyniisible sign, designated aiosuch in the application
ANS: The tests ip.j.p. .,2, A 1 ',-
1. Literal Infringement for registration and;capible,of distinguishing
distinguishing the origin; or, any other common
/ ,. iik _?;, k.......-1 characteristic:_c,,;7Iuding ttfe',"quality of goods
'l or services'of different enterprises which
Thert I 'fifringepueukif one makes,pses, or eits, an item th5t contains all the
use the sign undei the control of the registered owner offtie collectiv e mark (Sec. 121.2,
elem1 1nts f he PNatTkclaimrsticl:that-the-iteA6nfourauxactly to the patent IPC). •
claim ot.91: er ( c9qt,t-iesefflu et)0,,r,onylces, usg"cirisells an item that z.?„.
has a k the eleme lrgs,the5pIteng9a,js "9f another plus other elements Q: What is a Trade Named
(Additi n Rule) (S DM G & A . QUI 0--Previewir, sup-eV at 535; Godines v. ANS: Trade narllv..,1:1,pna6p or designationidentifying or distinguishing an enterprise
CA, G.R. No. 9n 3, 171.**6r4111- 0 / (Sec. 121.3, IPC). Ills any individual namOr surname, firm name, device, or word used
(2/ENT\ by manufacturers, inclbstrialits, merchants an*thers to identify their businesses,
2. Doctrine of ouivalgrits vocations or occupaticinS' (Converse:cRikWcgg2N,ArAllniversal Rubber Products,
An infringemeliglsei/Res place w n,p -ttlNepppropriates a prior invention Inc.,G.R. No. L-2790, :January 8.;:1987).
by incorporating itsative c pli.'kLelthough with some modification
and change, performs subs tsl,Y,theo§1me function in substantially the Q: What are the distinctionstetween Trademark and Trade Name?
same way to achieve substantially the same result. The principle or mode of ANS: The distinctions between Trademark and Trade Name are the following:
operation must be the same or substantially the same. This requires
satisfaction of the function-means-and-result test, the patentee having the TRADEMARK TRADE NAMp':.
burden to show that all three components of such equivalency test are met
(Smith Kline Beckman Corporation v. CA, G.R. No. 126627, August 14, 2003). As to Purpose. •
Points out distinctly the origin or Identifies and distinguishes an enterprise.
Q: What are the remedies for patent infringement? ownership of the goods to which it is (Sec. 121.3, IPC)
ANS: The remedies for patent infringement are the following: affixed. (Mirpuri v. CA, G.R. No.
1. Civil action for damages plus attorney's fees and other expenses for litigation 114508, November 19, 1999)
(Sec. 76.2, IPC);
2. Injunction (Sec. 76.2, IPC); • As to Registration and Prior use
3. Disposal or destruction of the infringing materials (Sec. 76.5, IPC);
4. Criminal action for repetition of infringement (Sec. 84, IPC). Must be registered in order to secure No need to register in order to secure
protection for them. Trademarks are protection for them. Trade names are
Q: When can a person file for a criminal action of infringement? registered before the IPC. registered with the DTI.
ANS: If infringement is repeated by the infringer or by anyone in connivance with him
after finality of the judgment of the court, the offenders shall, without prejudice to the The IPC no longer provides for prior Trade names may be acquired by prior
institution of a civil action for damages, be criminally liable thereof (Sec. 84, IPC). use as a condition of ownershi • of a use. Coffee Partners, Inc. v. San

138 139
mark. (Sec. 122, IPC) Francisco Coffee and Roastery, Inc., G.R. 4. Direct source of revenue through royalties as a result of licensing thereof:
No. 169504, March 3, 2010) 5. Ownership of a fundamental element of franchising agreements;
6. Exclusive rights to a valuable business asset;
As to Transferability 7. Encourages companies to invest in maintaining or improving product quality;
and
May be transferred with or without Change of ownership of trade name must 8. May be useful for obtaining financing (FUNA, Trademark Law, supra at 88).
transfer of the business. (Sec. 149.1, be made with transfer of enterprise or part
IPC) thereof. (Sec. 165.4, IPC) Q: What is the Madrid Protocol?
ANS: The Madrid Protocol offers a trademark owner the possibility to have his
Example trademark protected in several countries by simply filing one application directly with his
own national or regional trademark office (Madrid System for International Registration
"McDonalds", "Big Mac". McDonald's Corporation of Trademarks, 1979).
"Coke", "Sprite" The Coca Cola Company
Concept of actual use

Q: What are the functions of a trademark? Q: Is prior or actual use of a mark in the Philippines required before registration?
ANS: The functions of a trademark arel.(0GA) ANS: No. Prior use is not required beformgistration. However, there must be an actual
1. To indicate origin sOtrshiii of Iheiii;t7c1which
i they are attached; use after registration. The applicentArIegistrant shall file regularly a declaration of
2. To Guarantee tberthos Viclessonie p tp a vZitain standard of quality; and actual use (DAU) of the mark (S7fiNi‘2.t?d 145, IPC).
3. To advertiseith A cies thersymbo1izet (MOON CA, G.R. No. 114508, ,.::-.--;.,,-,,,,,4•,, ,,,,,,,
Q: When must an applicant or registrant file a DAU?
'
November 1 ^199'9
ANS: There are two (2) instances .4eil,.::04pRiippt or registrant must file a declaration
Jr.
;
of actual use: ,,,(.0'' i'-iice ,illiaIliZfj2g4tief, t- •ii
Q: What are nonickNI ionpl tradarnicks?v.
1. Within 3 years ,f,rgrriftfie filing 'date of the applic- 6tion .(Sec. 142.2, IPC); and
ANS: Non-coNentiona tradrarksiLinclate sound marks irld ,s,.septs. They refer to
2. Within 1 yeqi,i(61-ri the fifth,e4ni6rsary of the date off the registration of the
sensible objects'KilFhalthough not visible, areused orlclaimO'A allistinguishing sign
of a good or hpic97 The requirement !iilf visibility under e,.,14.1 of Intellectual mark (Sec. 145, IPC) , .. • ” P)
„ 1,13C). ti \It
.,,. 5'v I ‘:.
Property Code hceVer o)itfiSIPPSsibleifrademarks n our-jurisdiction (FUNA,
4 a rules Ihern,
/4 %SC.
ii; Q: What is the differenda0f Declarat ion of Actual Use m' Section 124.2 from
Trademark La ,,apra at 30) Rte,
w111114,
kW ,,,V,P
Section 145 ofIthe IPC? v' —..tk, Fi:.•1 l\ o
--It -:..) ANS: The differences betVyeen Sec. 124.2lepd Sec. 145!of the are the following:
Acquisition ofewn-ership -. t.W ..,7,0'. '
d'
..'S.
v....g -- 1 1,4 k ' 4;:),„ ic fr.'c f *',-. L','4 V,NA210Wil

Q: What are theibasic`princieea\ot tildetiiiik'r,ggyation? SECTION 124.2 SECTION 145

ANS: The basic Principlkf trgaeArk4, 01stra c
nccAaje theopillowin9.
As to Period of Filing •
1. The righ to 'the n-k,rk ksz!rafe..:a • Ndisitinc from the business using such
mark (Sec. 149.1, Ic0),1 (-,La ct% Required within 3 yearsutorn the fling ,„¢
„ (reds-;within 1 year from the fifth
2. The right of re4s4ratiorielongLt21400o .qe ciethe mark (Unno Commercial date of the applicationp .4 011, 'A . 1•=anniVersaillof;the date of the registration
Enterprises, Ina vY G feral ,Mil in - ..kpv ;14: No. L-28554, February of the mark.
28,1983);
3. The rights to a mark s "alluba,acquired hrough registration made validly in As to Effect of Failure to File
accordance with the provisions of IPC (Sec. 122, 1PC).
Even if application has been granted, The mark shall be removed from the
Q: How are rights in a trademark or service mark acquired? the same would be cancelled and the Register by the office.
ANS: The rights to a mark shall be acquired through registration validly made in mark removed would be removed from
accordance with the provisions of the Intellectual Property Code (Sec. 122, IPC). the register. If the application is still
pending by the end of the three-year
Q: Who may register a trademark? period, and no declaration of actual
ANS: Only the owner of the trademark, trade name, or service mark used to distinguish use is filed, then the application shall
his goods, business, or services from the goods, business, or services of others is be denied.
entitled to register the same (Unno Commercial Enterprises, Inc. v. General Milling
Corporation, supra). As to What to File

Q: What are the benefits of registering a trademark? Declaration of actual use with 1.Declaration of actual use with evidence
evidence to that effect. to that effect; or
ANS: Registering a trademark provides the following benefits:
1. Ensures that consumers can reasonably distinguish between products; 2. Show valid reasons based on the
2. Enables companies to differentiate their products; existence of obstacles to such use
3. Ownership and use of a convenient marketing tool and a basis for building (Sec. 152, IPC)
one's brand image and reputation;
140 141
 ................

Effect of registration Well-known marks

Q: What is the effect of registration? Q: What are well-known marks?
ANS: The effect of registration is that the registrant acquires exclusive right to use the ANS: Well-known marks are marks which a competent authority of the Philippines
same in connection with the goods or services and those that are related thereto.
However, registration is only an administrative act, declaratory of a pre-existing right that (namely the IPOPHIL, the DTI, and the courts) have determined to be well-known
internationally so as to make them unregistrable (IPC, Sec. 123.1 (e), (1)).
does not of itself perfect a trademark. It is actual use which perfects a trademark (Sec.
122, IPC; Sterling Products Int'L Inc. v. Farbenfabriken Bayer Aktiengesellschaft, G.R.
In determining whether a mark is well-known, the knowledge of the relevant sector of
No. L-19906, April 30, 1969). the public, rather than the public at large, including knowledge in the Philippines which
Note: Registration is necessary to file a case for trademark infringement (Sec. 155, has been obtained as a result of the promotion of the mark, shall be pertinent (id.).
IPC).
Non-registrable marks Q: Discuss the difference between the well-known marks contemplated under
sub-sections (e) and (f) of Section 123.1, IPC.
Q: What are the marks which cannot be registered? ANS: The two paragraphs contemplate two different situations which preclude
ANS: The following marks are non-registrable: (GC-DDCo-FFaPS-GC-FaSS-WIPE) registration of a well-known mark, as defined under both sub-sections.
1. generic marks for goods and services;
2. Indications that have becorrteRrisry=to trade; A well-known mark is not registrable 904I4Section 123.1(e) when it is used for identical
3. Descriptive marks,,,°*- or similar goods or services as thplicifttilk well-known mark, regardless if the mark is
4. Deceptive or piqead n trademarks; registered in the Philippines or note
5. Marks conspr oTlity;
6. Flags, arnion•al• bearings official..-hallmarks,a i mblems of states and A well-known mark is not registrable under Section 123.1(f) even when the mark is used
*. \4\
internatiorla orgrzations; for goods or services dissimilar tq.(thWfda*Legflpi vall-1076An mark is used provided,
7. Marks hhic E _ilseSt suggest 1 coTiectio wit sons, n living or dead,
0..\ the well-known mark is previously registered in the Philippines. Author Commissioner
institution, beSfs, og national syskels; Funa calls this the "EveviDie'similar G9odsDoctrine" (FUNA, supra at 62).
8. Markirelal to Pa • icular-perssifl
9. Shappy,' \k41.--k In other words, by implcation an.exceptional instance when
10. Geographical marks or gebskaplItcaily descriptive mar mark may be
registered by a junivitAektlVilien it is not registered in The ;Philippines and it is to be
11. Colo fir4,0Ms definffl by a 6Iggliffitirtri used for goods...90service 7w"hiCh'are.riaasd'pably dissimilar to those',for which the senior
12. Namis a0! agestfkamoua=peopl , user has usedpe,mark,,(Sec. 123.1(0:V6)11
13. Surna e. a ks; krty
14. Signalre of a eers .11-1 At.:a
Q: What is t e•Even DissimilarGoo Goodsds Doctrine?
15. Well-krkwn marks; ANS: Even DissimillarGotgis Doctrine p?
oxides that if the goods or services are not
16. Marks Identical witO a regi erethmark, identical or similar,Iddli registration' of the* ark identical to a well-known mark) will still
17. Marks coked by Protebtl h_fieragea not be allowed it 4'
18. Marks whicli‘t-o7n=r7gistralLyExpret provisio of law (Sec. 123.1, IPC). 1. There is a connection bi MmalfggitqlssrAces of the junior and senior
1 h users of
of the q-knowimark,
Q: Are there exceptions toathe-rule on Ite ri pare, rks? 2. The interests 4ttie senior user are likely to be damaged; and
ANS: Yes. As a general rula7". d escri tivevnafne wore or phrase of the characteristic,
3. The well-knownMiarklis registered in the Philippines
quality or composition of an article canno be registered as trademark or trade name. (Sec. 147.2, IPC; Funa,
supra at 62).
The exceptions are: (FACCS)
1. If used in a Fanciful manner - it is invented for the sole purpose of PrIorityright
functioning as a trademark and has no other meaning than acting as a mark;
2. If used as an Arbitrary mark - it is utilized as a device having a common Q: Explain the Priority Right under the Law on Trademarks, Service Marks, and
meaning that has no relation to the goods or the services being sold; Trade Names.
3. If used as part of a Coined mark - coined from generic or descriptive terms; ANS: An application for registration of a mark filed in the Philippines by any person who
4. If used as part of a Composite mark - consist of two or more elements or is a national or who is domiciled or has a real and effective industrial establishment in a
combination of words, phrases, designs, symbols, or color schemes; and country which is a party to any convention, treaty or agreement relating to intellectual
5. If it acquired a Secondary meaning (AGPALO, supra at 27-30; Ang v. property rights or the repression of unfair competition, to which the Philippines is also a
Teodoro, G.R. No. L-48226, December 14, 1942). party, or extends reciprocal rights to nationals of the Philippines by law, and who
previously duly filed an application for registration of the same mark in one of those
Q: What does "secondary meaning" mean? countries, shall be considered as filed as of the day the application was first filed in the
ANS: "Secondary meaning" means that a word or phrase originally incapable of foreign country (Sec. 131.1, IPC).
exclusive appropriation with reference to an article in the market might nevertheless
have been used for so long and so exclusively by one producer that. in the trade and to Note: No registration of a mark in the Philippines by a person described in this section
that branch of the purchasing public, the word or phrase has come to mean that the shall be granted until such mark has been registered in the country of origin of the
article was his property (Pearl & Dean (Phil.), Inc. v. Shoemart, Inc., G.R. No. 148222, applicant (Sec. 131.2, IPC).
August 15, 2003).
142
143
Rights conferred by registration Q: What are the elements of infringement?
ANS: To establish trademark infringement, the following elements must be shown:
Q: What are the rights conferred by registration? (VOC)
ANS: Registration of a mark in the Philippines shall confer the registrant the right to 1. The Validity of the plaintiff's mark;
prevent other parties from using, in the course of trade, identical or similar marks, 2. The plaintiffs Ownership of the mark; and
without their consent, for — 3. The use of the mark or its Colorable imitation by the alleged infringer results in
1. Goods or services which are identical or similar to those in respect of which "likelihood of confusion" (McDonald's Corporation v. L.C. Big Mak Burger, Inc.,
the trademark is registered where such use would result in a likelihood of G.R. No. 143993, August 18, 2004).
confusion. Note: In case an identical sign is for used for identical goods or
services, a likelihood of confusion shall be presumed (Sec. 147.1, IPC). Q: Is fraud necessary to commit trademark infringement?
2. Goods and services which are dissimilar to those in respect of which the mark ANS: No. An action for infringement may be maintained without proof of anything more
is registered where — than the right to the exclusive use of the registered mark or trade name and that the
a. The mark is well-known defendant has violated it. No allegation or proof of fraud or intent to defraud is
b. The used of the infringing mark would indicate a connection between necessary (Compania General de Tabacos v. Alhambra Cigar, Co., G.R. No. L-11490,
the infringing goods or services and the true owner of the registered October 14, 1916).
mark:
c. The interests o hes-C1Xirrar ffttlzvegistered mark are likely to be Q: As a general rule, can an unregistecd trademark be subject to a complaint for
damaged b 4 use ref" / V,1 / 0) trademark infringement?
ANS: No. Generally, the very daityK4 infringement implies that only registered
Cancellation ofre trademarks, tradenames, and serf/10:010s are protected against infringement or
n.becrcelle unauthorized use by another or otherS',Y,4CialSze.ww, Inc. v.,CA supra).
Q: When may a mpk( s ems
ANS: A petition taro%)cli elre r gistrakon ta RI rk e141gptual Property Code 0-
- .N*2ft4.
Q: Is there an exception tcVne rule 'that only registered-4 2;
tscademarks are protected
may be filed wit te.%B reau of LegaTAf*rs 12 any p rso ho bNieves that he is or from infringement? Al., .,1
will be damage by the; egist ation of a Fiatkunder the ntelle lu F3roperty Code: ,A.-
ANS: Yes. Under Article 6ais(i) of thaRafis Convention, to which the Philippines is a
1. Withi arp from egistratiorrchthe ....A party, the parties to tVec0,9,:yentjonstindaqke, among otpq, to% prohibit the use of a
a. , origin" y per on 'uvttb'b.plrtaCthat ha is or . 110 be damaged by the trademark which constitutions reproduction, imitation, or translation, that is liable to
regis ration oka marki6nciAl0.A- - PC (S,ec. ./5i, /PG)] create confusiorAhen usadfdridentical &similar goods: ‘,
ag, n tti 1 wing cas e /9
gist red ar Thecornie,s,a.gerlq. or the goods or services
AZ,An
; 1
Thus, all tha.Itirequired„,for,infringemen
.̀" I kf
,to4 be presenNIK:Mati.thaftnark is well-known
t 6 of, fc hsi
t?rt,.io t-744s3e Ste internationally and usec6,!Ikthe Philippines .
identicai oucsmarggooas, whether or not
b. The regTtere giacqa'd keenb"` , 'doled. ti the mark is regiteEect-§,r,,,,tiged in the Philippines (Fredco Airrfife4Cturing v. Harvard, G.R.
c. e regis ration ob d ently ry to the provisions No. 185917, June 1V011).1,
of the IPC. hrP
d. The egiste5ed by nwit i the permission of the Q: Explain the conceptOCCilorable Ittijaptkri
registrant misrepresent6e'o goods or services on ANS: Colorable Imitation meaggair;''sinitiStitif---inqiirin, content, words, sound,
or in coawito rrolth whiphi lh 04e'd: the meaning, special arrarigt,amen4itgenera appearance of the mark or trade name with
e. If the registere o ner (OW ar ithout legitimate reason fails to use that of the other mark oqtadimame, in their overall presentation or in their essential,
the mark within t e Philippi s, or to cause it to be used in the substantive or distinctive parts as would likely mislead or confuse persons in the
Philippines by virtue of a license during an uninterrupted period of 3 ordinary course of purchasing the genuine article. It denotes such a "close ingenious
years or longer (Sec. 151, IPC). imitation" as to be calculated to deceive ordinary persons, giving such attention as a
purchaser usually gives, and to cause him to purchase the one supposing it to be the
Trademark infringement other (Etepha A.G. v. Director of Patents and Westmont Pharmaceuticals, Inc., G.R. No.
L-20635, March 31, 1966).
Q: What is trademark infringement?
ANS: Infringement is the use without consent of the trademark owner of any Q: Differentiate confusion of goods from confusion of business.
reproduction, counterfeit, copy, or colorable imitation of any registered trademark or ANS: Confusion of Goods/Services exists when the ordinary prudent purchaser would
trade name in connection with the sale, offering for sale, or advertising of any goods, be induced to purchase one product in the belief that he is purchasing another, in which
business, services, or in connection with such business; or reproduce, counterfeit, copy, case the infringer's goods are confused with that of the plaintiff (Sterling Products
or colorably imitate any such mark or trade name and apply such reproduction, International, Inc. v. Farbenfabriken Bayen Aktiengesellschaft, G.R. No. L-19906, April
counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, 30, 1969)
receptacles, or advertisements intended to be used upon or in connection with such
goods, business, or services (Esso Standard Eastern, Inc. v. CA, supra). Confusion of Business or Origin exists when the goods of the infringer and the infringee
are different but the infringer's products can reasonably (though mistakenly) be
assumed to originate from the plaintiff, thus deceiving the public into believing that there
is some connection between the plaintiff and the infringer, which, in fact, does not exist
(Id.)

144 145
Q: What are the tests in confusion of goods or services? i. the goods themselves,
ANS: The tests are dominancy test and holistic test. ii. their packaging,
iii. the devises or words on the packaging, or
DominancyTest Holistic! Totality Te'st iv. any other feature of their appearance;
b. That the acts described are either —
i. intended to influence purchasers to believe that the goods
Focuses on the similarity of the main, Mandates that the entirety of the marks in offered are those of another manufacturer or dealer; or
essential, dominant, or prevalent question must be considered in ii. calculated to deceive the public and defraud another of his
features of a mark. determining confusing similarity. legitimate trade, or any subsequent vendor of such goods.
2. Unfair competition in service (Sec 168.3(b), IPC)
' As to Basis of Comparison , . a. That the offender performs any artifice, devise, or means;
b. That such artifice, devise, or means is calculated to induce the false
Relies on visual, aural, and Relies on close visual comparison.
connotative comparisons and overall belief that the offender is offering the services of another who has
impressions between the two identified such services in the mind of the public.
3. Unfair competition by disparaging another's product or service (Sec. 168.3(c),
trademarks. IPC)
.R.);
a. That the offender shall either
A,- I.A ‘....i J .. .),Nk; i. make a false: statement in the course of trade; or
The test is whether thereit‘similsity,-Ibe test is yvnethel: the general confusion ii. any otherapvcdptrary to good faith;
of the prevalentfeatifw>orthe made by4he"-arljql \upon the eye of the b. That such acts are calculated to discredit the goods, business, or
competing tradrarK) S" wilich,ticight-7casual.,purchaser4hoats unsuspicious and services of anothar.:;"
•\.- ;I as .k 1..to likely result in
cause confusioird$ Ilgifberion aid s.joff_ns giraid, is i4 I.
thus constitute
i in nnge ent. 1, ,, 4
i,bisCOnfounding it the original. Q: What is the test of unfair.Competition?
•,i; 1 Yil r) \ ANS: The true test is whether the acts ofAhe defendant have",`the intent of deceiving or
Note: Exact cfuplicat on or mitation-is1-4Note:-Comparisonhofi the pords is not the are calculated to deceke the ordinarM19
Mont CoT:-41., only.-pleterminant fictoe(De/ Monte Corp. ` er making his purqhdses under the ordinary
not necessa conditions of the partisUlaNrade to whichtthe controversy,relates, One of the essential
CA supra) It ''. - 111(:191supri) ' I . .....11 1 requisites in an action to restrain unfaireqompetition is`proof of fraud; the intent to
...40414 r.
(' deceive, act9pro'r probable must be• slAvvn before the right to, recover can exist
(Societe Des Pio-etilNes v:-.0,
A-supte (Superior Commercial Enterprises, Inc. v. Ktinnan Enterpri ses Ltd supra).
-, t
Unfafrcompetiln „,.,:.! .t- Q: Define "passing off
Q: What constitutes un air cornyeAtioll ANS: Passing offbqpplitind.off takes placpwhen the defendant, by imitative devices on
ANS: Unfair competition passQg.,-9ft(cr-pe min,g off)or atte pting to pass off upon the general appearance of 'oods; misledq_prospective purchasers into buying his
the public of the goods orblisiness:,of-oa‘per on as t e,goods or business of another merchandise under thd\impreSsion that theyirltqa7h that of his competitors. Thus,
with the end and r?irqatileCeNcLoLftgelving Ahre ballic (Superior Commercial the defendant gives hiSle,Oods the geterd.Rappear'ance4Ythe goods of his competitor
Enterprises, Inc. v. Kunnan EnternriSes, Ltd. G RA. "t69`974, April 20, 2010). with the intention of deceiving/.the public that the goods are those of his competitor
NA A\ f'.4 00``" (McDonald's Corporatioiiv. LQ: Big Mak Burger, supra).
Q: What are the essential elementsgt unfair„competition?
ANS: The essential elements of unfair competition are: Q: Differentiate trademark infringement from unfair competition.
1. That the offender is engaged in the manufacture of goods, dealing of goods, ANS: According to Del Monte Corporation v. CA (supra), the differences between
business, or service; trademark infringement and unfair competition are the following:
2. That he employs deception or any other means contrary to good faith;
3. That the means employed shall be used to pass off his goods or services for Infringement unfair CompeiltiOn
those of one having established such good will or shall commit acts calculated
to produce the same result (Sec 168.2, IPC). As to 'Definition
Unauthorized use of a trademark. Passing off of one's goods as those of
ALT. ANS: The essential elements of unfair competition are:
1. Confusing similarity in the general appearance of the goods; and another.
2. Intent to deceive the public and defraud a competitor (Coca-Cola Bottlers, * As to Intent ••-
Inc. v. Quintin J. Gomez, G.R. No. 154491, November 14, 2008).
Fraudulent intent is unnecessary. Fraudulent intent is essential.
Q: What are the specific elements of unfair competition?
ANS: The specific elements of each particular type of unfair competition are as follows: As to Registration
1. Unfair Competition in goods (Sec 168.3(a), IPC)
a. That the offender sells his goods and gives them the general Prior registration of the trademark is a Registration is not necessary.
appearance of the goods of another manufacturer or dealer, whether prerequisite to the action.
as to:
146 147
 Q: Is a case for infringement a prejudicial question to a case for unfair 5. Any Official text of a legislative, administrative or legal nature, as well as any
competition? official translation thereof (IPC, Sec. 175); and
ANS: No. There is no prejudicial question since the two actions - trademark 6. Any work of the Government of the Philippines;
infringement and unfair competition - are independent of each other. The basis of an
action for unfair competition is fraud while that of infringement is registration Thus, they General Rule: Condition imposed prior approval of the government agency or office
can proceed simultaneously (VILLANUEVA-CASTRO, Take Note: Commercial Law wherein the work is created shall be necessary for exploitation of such work for profit.
Series, 15t Ed. (2015), p. 182). Such agency or office may, among other things, impose as a condition the payment of
royalties.
C COPYRIGHTS
Exception: No prior approval or conditions shall be required for the use of any purpose
Copyrightable works of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and
Q: What is a copyright? dissertations, pronounced, read or rendered in courts of justice, before administrative
ANS: It is the right over literary and artistic works which are original intellectual creations agencies, in deliberative assemblies and in meetings of public character (Sec. 176,
in the literary and artistic domain protected from the moment of creation (Kho v. CA, IPC).
G.R. No. 115758, March 19, 2002).
Rights conferred by copyright
Q: What are considered as inal-Vnr
o1 derd e Law on Copyright? AS%
Q: What are the rights conferred to a,copyright owner?
ANS: The following are co sron erkd as orjgi al rjs:
p). ANS: The rights conferred by copyhght,a4the following: (EMP)
1. Books, pamp I sraqiciles.andsothe Whigs; 1. Copyright or Economic clotttspeA . /77, IPC);
2. Periodicals iewsl4pergr . 2. Moral rights (Sec. 193, IPC);:afifill
Note: Pu elAi reports a..longer.fi drotepRd,.nder the new law, but a 3. Right to participate in the grOss Proceeds of the sale or lease of the original
column p bli edi cbmment all: When ewspapersibnd periodicals include work or droit de suite pea .0p;
J
works njb independft s9eyn ts, t e worKs-so included continue t10')
3. enjoyiig the rights for duration proper to them Q: Distinguish the EcoatAncic Rightstof Copyright holdeMom his Moral Rights.
\t'
Lectu essermonsi-addressesI issertatio s preRarp r oral delivery, ANS: Economic rightkeiloAv the owrierIttiP derive financiatireward from the use of his
whet, ereLinbt reduced in-Kiting r othejunaterial for works by others (WIPOICopytight, supra aS 9).
4.
5. Lette s; I I' I
. ,
Dramati" dratiVico-rmisjdaliucomposition, c oreographic works or Moral rights ow' the author to take actions preserve the personal link
enteitainmerit in ta lishowsZ between himOjfond th„..elw 9cbrk (WIPO,"Copyiright, suprajat at 9) but they must be asserted
6. Musicriti Nth °M it (FUNA, Intequal,Prop.ortkoLatkpra ei 6 4 I ) Mi5-01791)4:1)11Weconomic rights,
.1, / Mk<
7. Works of draing, @MORI, 1pture engra ing, lithography or remain with theieuthors„eVplafter transferred
. or 6§aiggeabiahother "other rights
other arks of act; mo.cftr ks of art; of copyright" (WIPOR:p.opynait, supra at 21c5).
8. Original knamental deig artes of manufacture, whether or vq. .e.ey
not registry le as ill& at/iielia hbrizorks f applied art; Q: What constitutes' copyright or economiFights?
Avf
9. Illustrationsiap, , (ns kad' t ree-dimensional works ANS: Copyright or ecopmicmghts. are e),Nhe j3citiowing rights: (ReD2-R2PD)
relative to geograah , olpgrapiay,„argiikeltka›4science; 1. Reproductionffiht; 4,
10. Drawings or plastiC%vorkg of a spLetitifikoriechfiical character; 2
3.. Diesrtirvibau
titvio
enrig
rig
hht;fi.‘il
11. Photographic works iiitIbtlingitoB(s..protriced by a process analogous to
photography; lantern slides; 4. Rental and lending right;
12. Audiovisual works and cinematographic works and works produced by a 5. Right of communication to the public;
process analogous to cinematography or any process for making audiovisual 6. Public performance right; and
recordings; 7. Droit de suite or Resale right (Sec. 177, IPC).
13. Pictorial illustrations and advertisements;
14. Computer programs; and Q: What constitutes moral rights?
15. Other literary, scholarly, scientific and artistic works (Sec. 172, IPC). ANS: The following are the moral rights:
1. Paternity right, i.e. the right to be identified or the right of attribution;
Non-copyrightable works 2. Right to withhold publication;
Q: What are the non-copyrightable works? 3. Right to disclosure;
ANS: The works which are not protected are the following: (PIN-DOG) 4. Integrity right, i.e. the right to object to derogatory treatment of the work; and
1. Pleadings; 5. Right against false attribution of a work (IPC, Sec. 193).
2. Idea, procedure, system, method or operation, concept, principle, discovery or Q: What is Droit de Suite?
mere data as such, even if they are expressed, explained, illustrated or ANS: It literally means "art proceeds right." It is the artist's resale right, which requires
embodied in a work (IPC, Sec. 175);
that a percentage resale price of an artistic work is paid to the author (FUNA, Intellectual
3. News of the day and other miscellaneous facts having the character of mere
Property Law, supra at 650). It is the inalienable right to receive to the extent of 5% of
items of press information (IPC, Sec. 175);
the gross proceeds of the sale or lease of a work (IPC, Sec. 200). This right is
4. Decisions of courts and tribunals;
148 149
exercisable even after the author's death, provided the work is still in copyright (FUNA, Q: Who owns the copyright in a commissioned work?
Intellectual Property Law, supra at 650). ANS: In the case of a work-commissioned by a person other than an employer of the
author and who pays for it and the work is made in pursuance of the commission, the
Q: What works not covered by droit de suite? person who so commissioned the work shall have ownership of work, but the copyright
ANS: The works not covered by droit de suite are the following: (PE2W2) thereto shall remain with the creator, unless there is a written stipulation to the contrary
1. Prints; (Sec. 178.4, IPC).
2. Etchings;
3. Engravings; Q: May a copyright be assigned?
ANS: Yes. Copyright may be assigned in whole or in part. The assignment shall be in
4. Works of applied art; and
5. Works wherein the author primarily derives gain from the proceeds of writing and signed by or on behalf of the previous owner. Upon assignment, the
reproductions (Sec. 201, IPC). assignee shall be entitled to all the rights and remedies which the assignor had with
respect to the copyright (Sec. 180, IPC).
Ownership of a copyright
Q: Differentiate license from assignment.
Q: Discuss the rules on the ownership of copyright. ANS: A license is a limited right, allowing the person licensed (licensee) to deal with the
ANS: The rules on authorship are the following: work in a specified way, and in some cases for a specified period of time. A license may
, ., also be limited as to place, allowing ajipe(:(see to carry out certain acts in relation to the
Creator To
. .Whom it Belongs '. • work in some territories only, thedolp,rl0kowner granting similar licenses to others in
•
,,,, p-x. %.:-/ -.t t. N. different territories or not as he ,ChOdSes1-(F,UNA, Intellectual Property Law, supra at
Single. Creator Author af 11";workl'histeir,s or assigns-pec. 178.1, IPC). 593). ,4f
`4,.. J,--
, d., 7,. An assignment, on the other hand k#7,-Cbtn?teta)arLd unreserved transfer of all interest
1f(Orleco sistffiRantifiable aqrco-authors jointly as co-
..4, N -A l!. in the work; once an assignment haa1bdei,14anteCattla assignor has no further claim in
•-owpers unleszthelA is-agreement t ihesontrary (Sec. 178.2,
ic .,./7. hi\ relation to the works assigned beyond' the price paid and agreed for the assignment
1 (
Joint Creator I • : , 1 (Id.).
• f wor consis §OldlitiffabTaiArts: AtiVr of each part owns
the pa thett4 hasi'Creareti*Sed 178.2,11PC). Limitations on copyright
/ !II;1, , . I 1
i.,77,7-'-77/ " /T- . Ii r —II 5 Q: What are tlpiimitationg- cin copyrighy4
‘ If ttitAation is,31atttf his r . g.uja duties: -eg-iployer, unless ANS: The lintall9ns areas follows: V
) he?e'greement tcit_e con raw . ec.11/7,8:31 pc). 1. GOeral (R-PARRI)
Employee's - ,
a. Fair use,(Sec. 185;JPC)* y y tz
Creation
nit
1 is \-no1 Spat,,.,q- '''"47' 1
' \‘‘`' I. 11.1-
is VI u ies: employee, even if he uses b. •Private„reproduction;
-•• , ofpublished
published work in a single copy by a natural
the‘ttne,'facilitievq&I,ma , vials eriployerfSec. 178.3, IPC). per.s,Orifor research'and pmate study (Sec. 187, IPC);
i , ,----___. \ 17
'•••:::,(.1r).-11 .r.>, .," e.9.)1 # c. In the casec of a worlaof "ArChitecture, the right to control the
Workitsalf,rs'on&.ammi5gnillg (,Ss ;,78.4, IPC). reconstryction or rehabijitatib0rrth.elSame style as the original of the
•Commissioned . ‘.4i i -,, -.‘:t AN. fr buildingj(Sec. 166;zIPC);
Work CopykghmreatorKupiass twra is awritten stipulation to the d. Reprobraphiqreproduction in a single copy by non-profit libraries,
contrary,(. 78W18.4 under certaintircumstances (Sec. 188, IPC);
4- -
e. Reproduction, under certain circumstances, of a computer program in
For exhibition purposes: the producer (Sec. 178.5, IPC). one back-up copy by the lawful owner of the program (Sec. 189, IPC);
and
For all other purposes: producer, author of the scenario,
f. Importation for personal purposes under certain conditions (Sec. 190,
composer, film director, author of the work (Sec. 178.5, IPC).
IPC).
Publishers are deemed representatives of the author, unless: 2. Acts that do not infringe copyright: (R4IM-UPUP-Q)
Anonymous a. Recitation or performance of a work: (a) made accessible to the public,
1. The contrary appears; or
and (b) privately done, (c) free of charge, (d) and strictly for a charitable or
2. Pseudonyms or adopted name leaves no doubt as to the
pseudonyrrious author's identity; or author discloses his identity. (Sec. 179, religious institution;
.works , • b. Reproduction or communication to the public by mass media of articles
IPC).
on current political, social, economic, scientific or religious topic,
Collective Contributor is deemed to have waived his right, unless he lectures, addresses and other works, delivered in public: (a) for
Works expressly reserves it (Sec. 196, IPC). information purposes, (b) not expressly reserved, and (c) source is
already indicated;
Writer. c. Reproduction and communication to the public of literary, scientific or
artistic works as part of reports of current events by means of
photography, cinematography or broadcasting to the extent necessary
for the purpose;

150 151
 d. Recording made in schools, universities, or educational institutions of a Copyright infringement
work included in a broadcast for the use of schools, universities or
Q: What is copyright infringement?
educational institutions. Such recording must be deleted within a
ANS: It consists of the doing by any person, without the consent of the owner of the
reasonable period; such recording may not be made from audio-visual
works which are part of the general cinema, repertoire of feature films copyright, of anything the sole right to do which is conferred by the statute on the owner
of the copyright (Columbia Pictures, Inc. v. CA, supra).
except of brief excerpts of the work;
e. Inclusion of a work in a publication, broadcast or other communication
to the public, sound recording or film if made by way of illustration for Q: Should there be substantial reproduction to constitute copyright infringement?
ANS: No. To constitute infringement, it is not necessary that the whole or even a large
teaching purposes compatible with fair use and the source and the
name of the author appearing on work, must be mentioned; portion of the work shall have been copied. If so much is taken that the value of the
f. Making of ephemeral recordings: (a) by a broadcasting organization, original work is substantially diminished or the labors of the original author are
(b) by means of its work or facilities, (c) for use in its own broadcast; substantially and to an injurious extent appropriated by another, there is sufficient basis
in point of law to constitute piracy (Habana v. Robles, G.R. No. 131522, July 19, 1999).
g. Use made of a work by or under the direction or control of the
government for public interest compatible with fair use;
h. Public performance or the communication to the public of a work in a Q: What are the remedies on copyright infringement?
ANS: The following remedies are the remedies of Infringement:
place where no ad i'on.f.ee_Ls charged by a club on institution for
1. Judicial Remedies (Secs. 2407, IPC)
charitable orp.d cational parpos —Illy nd the aim is not profit-making;
o py judicial proceedings or for a. Civil action for damages;-'Sec. 216.1(b), IPC);
i. Use made of a Nozk fottD6 12
b. Criminal Action: •
the givirtprofes49,nal.advice,4(a lega >rir ctitioner v6t*.v,
i. Any pers9n‘WhWat4he time when copyright subsists in a work
J. Puyid4p1,a›Mhe original or a copiof t)€4,vozk not made by means has in hisspossesaion an article which he knows, or ought to
of fir lidel),glevisroliRrna-ge-orervir;n screen or by means of ,01.14
qQ4e);klevice or process's 4ther the work has been published, sold, know, to b 0,10 .4061)i.dU
•... JA9f,,hiatxvirk for the purpose of:
(('9give way, or transferie.a totanother percan tithe author or his a,4411ing,Wletttngfor hire:abyAway of trade offering or

k. .<_._r
succe§sor in itle; and fr-AA,
of Quo a ions ron? a pu 14 worla compatible with fair
inset b) extdht igzjil'itifieqby`Pffurpine, (c) sourcerand name of the
exposing 1 sale, or hire, the aKcle;
DistribM the article for pulpoae of trade, or for any
. otheppurpate to an extent tigattwilt‘
0 prejudice the rights of
authlr, appearing orrOor rrystibe mentioned (Sec:11,84, IPC). the copyrigN owner in the work or
ct 1' 1Tfade,exhigof the article in public; shall be guilty of an
< L4
Q: Can a lawyer be, tield-Ala—fitit—splifig,a py...
I t om f a p lished law book in offens44anckghall be liable on conviction to imprisonment
giving an advikeA,a Tclien itkut the erp:19sjo fofithe .autho .,c?f the said book? , arld.Lfine (sow 217.3, 07-P
ANS: No. The larer c e 141ral fort fl) geplent of copyright since under the e.a
so.€.t.
• el,Injunctioni% .
Intellectual Property Coda on on` Tr li afiali 06 thicopyrigelft is the making of Courtiorde for of infringing
quotations from a Nblisheat‘or WI 'pas • aobjuclicial proceeding or for the giving samaterials;
of professorial advicekby a lagalkp actit cirle dvidedifh the source and name of the aPayment opimrallipd exemplary damages even in case
author are identified (Sac. V39elcIRC) isNi of affpittaiihSfeio,pdusapkand
Seizure and impounding einfringing materials for the
Doctrine of fair use au po e of evidence.
Q: What is the doctrine of fair use? 2. Mministrativaltemecles(Rule 12, Rules and Regulations on Administrative
ANS: The doctrine of fair use is a privilege of persons other than the owner of the Complaints for Violation of Laws Involving Intellectual Property Rights)
a. Administrative action;
copyright to use the copyrighted material in a reasonable manner without his consent,
b. Cease and desist order;
notwithstanding the monopoly granted to the owner by the copyright. It does not
c. Forfeiture of paraphernalia used in committing the offense; and
constitute infringement. Some examples of this doctrine are:
d. Administrative fines
1. Criticizing, commenting, and news reporting;
2. Using a work for instructional purposes, including producing multiple copies for
Q: May authorship be presumed?
classroom use, for scholarship, research and similar purposes; and
ANS: Yes. The natural person whose name is indicated on a work in the usual manner
3. Decompilation or the reproduction of the code and translation of the forms of
as the author shall, in the absence of proof to the contrary, be presumed to be the
the computer program to achieve the inter-operability of an independently
created computer program with other computer programs (Sec. 185, IPC). author of the work. This is applicable even if the name is a pseudonym, where the
pseudonym leaves no doubt as to the identity of the author (Sec. 219.1, IPC). The
Q: What is the test to determine whether use is fair or not? person or body corporate whose name appears on an audio-visual work in the usual
ANS: It is necessary to determine the: (PANE) manner shall, in the absence of proof to the contrary, be presumed to be the maker of
1. Purpose and the character of the use; said work (Sec. 219.2, IPC).
2. Amount and substantiality of the portions used;
3. Nature of the copyrighted work; and
4. Effect of the use upon the potential market of the copyrighted work (Sec. 185,
IPC).
152 153
 -4

Q: When does the action for infringement prescribe? Q: What is "suspension of payments"
ANS: The action for infringement prescribes in: ANS: Suspension of payments is a remedy available to an individual debtor who,
although possessing sufficient property to cover all his debts, foresees the impossibility
Nature of Action Period. • • ' of meeting them when they respectively fall due (R.A. No. 10142, Sec. 94). As a general
rule, no creditor can sue or institute proceedings to collect his claim from the debtor
4 years from the time the cause of action arose during the duration of the suspension of payments (R.A. No. 10142, Sec. 96).
Action for damages
(Sec. 226, IPC).
Modes of rehabilitation
Criminal action . Subject to the general rules of prescription of crimes
Q: What are the types of rehabilitation proceedings under the FRIA?
ANS: The following are the modes of rehabilitating an insolvent debtor: (CPO)
Petition for injunctive Not applicable
relief 1. Court-Supervised Rehabilitation
2. Pre-Negotiated Rehabilitation
Petition for the Not applicable 3. Out-of-Court or Informal Restructuring Rehabilitation Plan (OCRA) (R.A. No.
impounding and 10142, Secs. 12, 13, 73, and 83)
destruction of infringing
materiel' Q: Differentiate voluntary from involurqry rehabilitation
ANS: The two types of court-supervised rehabilitation are distinguished as fqlows:
U t ,
VOLUNTARY REHABILITATION INVOLUNTARY REHABILITATION •
. • As to who may file
A. F/NANC/AL RE ARON Alp INSOLA.5NCY4eCT(R,A. NO. .10142) 1. The Owner of a sole proprietorship Any creditororgroup of creditors with a
Basic conce ts 2. The majority of t.,),
titePartners
--„, inta claim of, or the Agregate of whose claim
partnership Te,„, 4, ar
,,,,,ia="
Q: Define Rehabilitation. ,„,... is, whichever opiqlhigher of;
3. The corporation tjponipajority'vote 1. At leatt R1000,000; or
ANS: It shall referTOIfhe restoratioll6Whe!delltOrlo a ponditiorri of successful operation of the BoarctOdirectcysigr,trustees -1,2. At least 5% 9,4f the subscribed capital
and'•solvency, ff itoiesflowp-th its continuance of oper tioR is econonTally feasible and
4 "'"4.- , 4 and auttrriied by the vote & tie stock oripaners'
rt contributions (A.M.
its creditors can recover by4a . -of-thelpretent-value offaYments projected in the plan
more if the debi - ci 79 onp,e-rlitthanAris'immediately liquidated (R.A.
akInue ,as\1 going;
stockholders] representing least NO 1271A 2-11.;SC,gule
e
_2, Sec. 4).
2/3 of thkoutsterdingpapitarstpck ' 'if • Aq - .'
No. 4014Z Sec. (gg)). ..--?'\ in l' -:-.P .'"/ / i or of the mernbersrdqpArding19;t'
'.,,, I - 1 4. An Insolventde,btoriA: 7
The definition of ehabilitagon )1irqsupp ses-t 4 e 'existence of an ongoing business
5. A Group of fOlidary .debtors in 3
concern. As such, it onlfte`inifigigey,T4jj) 141
i g.
140ebtoAho is doing business
certain cases (A.kly0/2-12-11- e.
as a sole proprietorship T,4101C, lirREHABILfir .TiOW^RULES OF PROCEDURE,
A.M. NO. 12-12-11-SC;Vule-207P. )uric( .0406. 12-12-11-SC]. It follows SC, Rule 2, Sec. 1,i2..^,: .e.,. .....1,01,.1
:7 „.• .ti
that where an individual daitor is-not engegied3ki\n'business, he may not be subject to As to grounds for filing
rehabilitation proceedings. yv
1. Foresight of inability to meet debts 1. There is no genuine issue of fact or
Q: Who is considered an insolvent? when they respectively fall due law on the claim/s of the petitioner/s,
ANS: A person, whether natural or juridical, is insolvent when: 2. Financial distress and that the due and demandable
1. His or its financial condition as a debtor is that he or it is generally unable to 3. Insolvency payments thereon have not been
pay its or his liabilities as they fall due in the ordinary course of business; or made for at least 60 days; or
2. He or it has liabilities that are greater than his or its assets (R.A. No. 10142, Note: Where the petition is filed by a 2. The debtor has failed generally to
Sec. 4(p)). group of debtors, the financial distress meet its liability as they fall due; or
must likely adversely affect: 3. At least one creditor, other than the
Q: Define Liquidation 1. The financial condition and/or petitioner/s, has initiated foreclosure
ANS: Liquidation is the act or process of settling or making clear, fixed, and determinate operations of the other members of proceedings against the debtor that
that which before was uncertain or unascertained. Liquidation is the comprehensive the group; or will prevent the debtor from paying its
process of settling accounts, ascertaining and adjusting debts, collecting assets, and 2. The participation of the other debts as they become due or will
paying off claims (Black's Law Dictionary, 6th ed.). members of the group which is render it insolvent (A.M. NO. 12-12-
essential under the terms and 11-SC, Rule 2, Sec. 5).
Under R.A. No. 10142, the term "liquidation" shall refer either to such proceedings as conditions of the proposed
are referred to as "voluntary liquidation" or "involuntary liquidation" under Chapter V of Rehabilitation Plan (A.M. NO. 12-
the Act (R.A. No. 10142, Sec. 5(u)). 12-11-SC, Rule 2, Sec. 1).

154 155
Q: When does a rehabilitation proceeding commence? Q: What is a Stay or Suspension Order?
ANS: The rehabilitation proceedings shall be deemed to have commenced from the ANS: A Stay or Suspension Order shall refer to an order issued in conjunction with the
date of filing of the petition for rehabilitation (A.M. NO. 12-12-11-SC, Rule 2, Sec. 16). commencement order that shall: (CJ-SP)
1. Suspend all actions or proceedings, in court or otherwise, for the enforcement
Q: What are effects of the Commencement Order? of Claims against the debtor;
ANS: The effects of the court's issuance of a Commencement Order shall retroact to the 2. Suspend all actions to enforce any Judgment, attachment or other provisional
date of the filing of the petition and, in addition to the effects of a Stay or Suspension remedies against the debtor;
Order described in the foregoing paragraphs, shall: (PES-LICE) 3. Prohibit the debtor from Selling, encumbering, transferring or disposing in any
1. Vest the rehabilitation receiver with all the Powers and functions provided for manner any of its properties except in the ordinary course of business; and
under the FRIA, such as the right of access, and the right to review and obtain 4. Prohibit the debtor from making any Payment of its liabilities outstanding as of
records to which the debtor's management and directors have access, the commencement date except as may be provided herein (A.M. NO. 12-12-
including bank accounts of whatever nature of the debtor, subject to the 11-SC, Rule 1, Sec. 5(r)).
approval by the court of the performance bond posted by the rehabilitation Note: The stay order shall retroact to the date of the filing of the petition (A.M. NO. 12-
receiver; 12-11-SC, Rule 2, Sec. 9). The issuance of the Suspension or Stay Order shall not in
2. Prohibit or otherwise serve as the legal basis for rendering null and void the any way diminish or impair the security or lien of a secured creditor, or the value of his
results of any ExtrajudicAl..actimity,z process to seize property, sell lien or security, except that his right to enforce the security or lien may be suspended
encumbered propeZtedi- otherwise age cinpt to' collect on or enforce a claim during the term of the Stay Order (A.M4Id 12-12-11-SC, Rule 2, Sec. 59).
against the deb draftgkffie dolnlk . . meht at unless otherwise allowed Note further: The imposition of :allS4xagRnd fees including penalties, interests and
under the Ru s, i '-_---------- charges thereof due to the national gbWrhriient or to LGUs shall also be considered
3. Serve as t agg for rendering ullmand 1/91d, any Set-off after the waived, in furtherance of the objeCtiVe*oPrtabilitation(R.A. No. 10142, Sec. 19).
commenceme at(o oany-OF5W , ed..t th ebtor by any of the debtor's
creditor ,42") ID) T .s c,, \
4. Serve ps thellegal b sis folfrendering% ull ant voiitthe , er ection of any Lien
Q: When will a stay or suspentron4i4Pot-aPpik?3;11:';
ANS: The Stay or SuspepsviprrOrder shall, of apply:( -4Bc2) ;it,
t
again the d tor's property aftephe commericeme t(s, late; 1. To cases already pending adhea in the Supreme pourt as of commencement
5. Consrdte all leg praTedingp 'by and against the de for to the court: date. Provided 0 any final4rd-Aexecutory judgme'ra arising from such appeal
Provi' dt1:49 ever, 1, haPtli'bb0 rr076116w he continuation of cases in other , p
k ' / II shall be reLefed fbeidourt for T.Rpropriate action; . i.f '1,
courts wjlei• the debtor had-inipteithe suit; and ts.---- 2. Subject„t&the discretion of the court, to cases pending ofifiled at a Specialized
6. Exeipt--tike deb- rom Datil or taxes and fees, including penalties, court or quasiedidat agency "49 which, upon eteripinatIon by the court is
interests an Icti . I go,,Vernmelit or the LGU as 4,
capable ofresolying the,giaim more
cappWof quickINfaiAg%effightly than the court:
provideWn'S ctio 2-1 1-SC,'Rille 2, Sec. 9). Proid,ed, Thatanfo'finaltigexeCtitory judgeffehVO*Cfftddurt or agency shall
be referred
•••,,,,teGefcburt antfithall
Q: What is the period o yec ixity„ -of,t1L,,,Co 'encement Ordej?
if ....„.„1%.
, !I.
3. To the enforcement; of claims against 1:! be treated as anon disputed claim;
, Sureties and other persons solidarily
ANS: The Comma cemenrOrdid trille- A eRclue for the duratidh of the rehabilitation liable with'the,,,deb46 and third p,aTty.,dreFommodation mortgagors as well as
proceedings, unless: ip.1 %,,,,,,,,,,,.,,,1 ::
1 ,,,,,,,,,,,,, issuers of leftivs,b0credit, uhtaWtinIkrdparty subject of the third party or
1. Earlier lifted b the dart -stA, accommodation mortgage of the debtor as
•,--,/ . 7
2. The rehabilitatio-aTiands4seasorlably '011firkned:bapproved; or determined bylihe cokipiypon recommendation by the rehabilitation receiver;
3. The rehabilitation proceedings aMbiddroterminated by the court pursuant to 4. To any form offabligtrA9f customers or clients of a Securities market participant
Section 73 of this Rule (A.V:1 \10r12E12:711-SC, Rule 2, Sec. 11). to recover or othe'r'wise claim moneys and securities entrusted to the latter in
the ordinary course of the latter's business as well as any action of such
Q: Once commencement order is issued, what acts are prohibited to be done by securities market participant or the appropriate regulatory agency or self-
the debtor? regulatory organization to pay or settle such claims or liabilities;
ANS: The following are the prohibited acts, once the commencement order has been 5. To the actions of a licensed Broker or dealer to sell pledged securities of a
issued, if done willfully: (DiCo) debtor pursuant to a securities pledge or margin agreement for the settlement
1. Dispose or cause to be disposed of any property of the debtor other than in of securities transactions in accordance with the provisions of the Securities
the ordinary course of business or authorize or approve any transaction in Regulation Code and its implementing rules and regulations;
fraud of creditors or in a manner grossly disadvantageous to the debtor and/or 6. The Clearing and settlement of financial transactions through the facilities of a
creditors; or clearing agency or similar entities duly authorized, registered and/or
2. Conceal or authorize or approve the concealment, from the creditors, or recognized by the appropriate regulatory agency like the Bangko Sentral ng
embezzles or misappropriates, any property of the debtor (R.A. No. 10142, Pilipinas (BSP) and the SEC as well as any form of actions of such agencies
Sec. 10). or entities to reimburse themselves for any transactions settled for the debtor;
Note: Individual debtors, owners of a sole proprietorship, partners in a partnership, or and
directors and officers of a debtor shall be liable for double the value of the property sold, 7. Any Criminal action against individual debtor or owner, partner, director or
embezzled or disposed of or double the amount of the transaction involved, whichever is officer of a debtor shall not be affected by any proceeding commend under this
higher to be recovered for benefit of the debtor and the creditors once the above Act (R.A. No. 10142, Sec. 18).
enumerations is committed (Id.).

156 157
Q: Who is a Rehabilitation Receiver? b. He must be a Director, officer, stockholder or partner of the juridical
ANS: Rehabilitation receiver shall refer to the person or persons, natural or juridical, entity; and
appointed as such by the court pursuant to the R.A. No. 10142 and which shall be c. He must submit a sworn Undertaking that he shall be solidarily liable
entrusted with such powers, duties, and responsibilities as set forth in the Financial with his firm for all the obligations and responsibilities of a rehabilitation
Rehabilitation Rules of Procedure (A.M. NO. 12-12-11-SC, Rule 1, Sec. 5(p)). receiver (A.M. NO. 12-12-11-SC, Rule 2, Sec. 21).
Note: Conflict of interest shall be deemed to exist if an individual is so situated as to be
Where the rehabilitation receiver is a juridical entity, the term includes the juridical materially influenced in the exercise of his judgment for or against any party to the
entity's designated representative (Id.). The juridical entity and the representative are proceedings (A.M. NO. 12-12-11-SC, Rule 2, Sec. 22).
solidarily liable for all the obligations and responsibilities of a rehabilitation receiver
(A.M. NO. 12-12-11-SC, Rule 2, Sec. 20). Q: What are the principal duties of the rehabilitation receiver?
ANS: He shall be deemed an officer of the court with the principal duty of preserving
Q: What are the qualifications of a Rehabilitation Receiver? and maximizing the value of the assets of the debtor during the rehabilitation
ANS: The following are the qualifications of a Rehabilitation Receiver: proceedings, determining the viability of the rehabilitation of the debtor, preparing and
1. If the rehabilitation receiver is a natural person: (CReG-MaDRiD-CoB) recommending a Rehabilitation Plan to the court, and implementing the approved
a. He must be a Citizen or a Resident of the Philippines for at least 6 Rehabilitation Plan (A.M. NO. 12-12-11-SC, Rule 2, Sec. 26).
months immediately plecedingnomination;
.
b. He must be o gOod mprqchprapfer and with acknowledged integrity, Q: When is the rehabilitation recejy0Mtmune from court action?
impartiayi and indeper klanc2;\/
c ANS: The rehabilitation receiver 0.0)99:0:sons employed by him, and the members of
j 1r
c. As fairfas praptgaephe=has4L(p.ertisge2ancimen to Manage and the management committee, andcallPprOn4employed by it, shall not be subject to any
opeplep b, skiess similar in size- - d,,omojevty‘
an to that of the debtor; action, claim or demand in conneOlio004y act done or omitted to be done by them
d. H has noperatin-g7ncledge —anagement, finance, and in good faith in connection with theexlittaWAgrptr4powers(,aip1 functions under FRIA or
ripabilVation Of ElistriusaCcompaniesi • other actions duly approved by the ccirurt (4:7AMPATi.01/4 tfStplf41).
e. He Ties a general thg RigUts of creditors subject to
suspe sion of payments phabilitatiO, an tg'enetral understanding Q: How may a Rehabilitation Recemore • removed? Ire,.
h duties n o iga ions o a re a litationlreiy ce e ; ANS: The rehabilitatiolweiver may;b'e-removed at any timalb`y, the court, either motu
A e-had not beenVaitia;r4DirrrQs edas rehab Ration eceiver pursuant proprio or upon moti,gnThyteFdeb'tor or [any creditor/s hPldigg more than 50% of the
Se4ction 27\pf thisxRule'. '_. "-zi i total obligations,ofIttre debtorton such gro4ds as these ,Oulet may Provide, which shall
----11
eAlas no Coitflict of infere ,as defiqeftthi;Rule; and include, but *Ignited to, the followinb%(10Q-CIPoT)
h. VIrigtwilli&W abil,,a tb, file a 17d)in sEigh bunt as may be 1. Incernriekng,entoss negligencefailure to„performor...failure, to exercise the
detefintnedVikeFo4 y..(R7 4.2` proper degree of care in t. heperformance of hiecOtqs::anp,!bowers;
,2. If the rehabilitation rega1Ver4'al ridiCalrp r'scin: (A„SC-DiNa-UBoD) 2. Lack ofka,partibblagor sPegializeg'!.competency reqUit'ed'by the specific case;
a. itis..dulykitho'rizettaugi4a. oft, in the Philippin s for at least six (6) 3. Illegal adeloreOneleipt in the performa
nce of his duties and powers;
years prior tojtsea@piritFiqhtfkl,x. 4. Lack of Qrfalification4r presencOkany,gisqualification;
b. It is in in
good'-kStandirig,Asle iced by the appropriate regulatory 5. Conflict of interasttthat arises after
agenc /ts(97-4 6. Manifest lacl4f indepericiefidellgfiAetritrierital, to the general body of the
C. inter
It has no-govIrcti2fXasNAfiriedi this Rule; stakeholders .
d. It has not bee'rhearlier Dismissed' as a rehabilitation receiver pursuant 7. Failure, withouttpstCause, to perform any of his Powers and functions under
1.
to Section 27 of ti-Tir-Rble,' these Rules; or
e. It has submitted the Name of the person designated to discharge the 8. On any of the grounds for removing a Trustee under the general principles of
responsibilities and powers of a rehabilitation receiver and the names trusts (A.M. NO. 12-12-11-SC, Rule 2, Sec. 27).
of the employees. and other persons authorized to assist the
designated representative, together with a sworn certification that these Q: What is a Management Committee?
persons possess the qualifications and none of the disqualifications for ANS: A management committee is composed of persons, natural or juridical, appointed
an individual rehabilitation receiver; by the court (pursuant to Section 32, Rule 2 of these Rules). It shall take the place of the
f. It submits a sworn Undertaking, duly approved in accordance with law, management and governing body of the debtor, and assume their powers, rights and
binding itself to be solidarily liable with the persons designated by it to responsibilities under the law (A.M. NO. 12-12-11-SC, Rule 1, Sec. 5(m)).
discharge the functions and responsibilities of a rehabilitation receiver;
9. It is willing and able to file a Bond in such amount as may be Q: What is the composition of a Management Committee? (DC-C)
determined by the court; ANS: Unless the court otherwise provides, the management committee appointed shall
h. It is not otherwise Disqualified to discharge the duties of a rehabilitation be composed of 3 qualified members appointed by the court, as follows:
receiver under the Constitution and other relevant laws; 1. A person nominated by the Debtor; in case the debtor fails, the court shall
3. If designated as representative of the furidical person: (ADU) appoint the first member;
a. Such person must be duly designated and Authorized to act for and on 2. A person nominated by the Creditor/s holding more than 50% of the total
behalf of the juridical entity; obligations of the debtor; in case the creditors fail, the court shall appoint the
second member; and

158 159
 3. A person, who shall act as Chairman of, nominated by the 1st and 2nd Q: What are the characteristics of an economically feasible rehabilitation plan?
members within 10 days from the appointment. In case of disagreement ANS: An economically feasible rehabilitation plan has the following characteristics:
between the first and second members, or failure to nominate, the court shall 1. The debtor has assets that can generate more cash if used in its daily
appoint the third member (A.M. NO. 12-12-11-SC, Rule 2, Sec. 34). operations than if sold;
2. Liquidity issues can be addressed by a practicable business plan that will
Q: What is the role of the Management Committee? generate enough cash to sustain daily operations;
ANS: The management committee shall have the power to take custody of and control 3. The debtor has a definite source of financing for the proper and full
all assets and properties owned or possessed by the debtor. It shall take the place of implementation of a Rehabilitation Plan that is anchored on realistic
the management and governing body of the debtor, and .assume their powers, rights assumptions and goals (Viva Shipping Lines, Inc. v. Keppel Philippines Mining,
and responsibilities. The management committee may overrule or revoke the actions of Inc., GR 177382, February 17, 2016).
the previous management or the governing body of the debtor (A.M. NO. 12-12-11-SC,
Rule 2, Sec. 33, pars. 1 and 2). Q: What must be included in a rehabilitation plan of a corporation?
ANS: A rehabilitation plan for a corporation must at the very least have:
Q: What are the qualifications of members of the Management Committee? 1. the desired business targets or goals and the duration and coverage of the
ANS: The members of the management committee shall have the same qualifications rehabilitation;
and none of the disqualificationsAltose.prescribed for the rehabilitation receiver in 2. the terms and conditions of suciNehabilitation which shall include the manner
Sections 21 and 27 of this Rul (A.M. NQ. 1 -1'-T -SQ, Rule 2, Sec. 36). of its implementation, givinglUelregard to the interests of secured creditors
such as, but not limitact..,10 the., non-impairment of their security liens or
Q: How are claims dlerm-Pefi uLing.courtAgpervisepelvbilitation? interests; ''.',:64
ANS: The determina n in cases of cou supervised rehabilitation shall follow 3. the material financial cool0403o support the rehabilitation plan;
the following steps. 4. the means for the execupoqW2.4.0:ebabilitation Om, which may include debt
41,
1. Within lwAtA 20) Sys from Tumptcr ntcl rojfi the rehabilitation to equity conversionorestrWilZfilettebtsAcion en pago or sale or
receiver shallY I It ifiN1 exchange or any6dii'position'of assets or 8f- tIfqinterest of shareholders,
a. establish a preliminary -registry of claims base ,on the schedule of partners or merribars; =i7., <,
*ir .- .1
cl'Uts and Hat ies provicf,ecf`in the petilion; 5. a liquidation analysis setting,tig for each credit9r That the present value of
ifnak the redistrys*,b1AfcrOblic iirpectiorran payments it,oukreceive undeithe plan is mprehan that which it would
e otice tb the idebt,i:ftr ie-ditors Jand stakeholcrii ro.s. on where and receivejge assets; debtor\were sold by,a liquidator within a six-month
I / fr+
whgri a inspecp- b.ympublicalAvcqy theo .place/p in a newspaper period from the estimated date ottiling of the petition? and'
ofigeperal, irc ationop thq.thilippf9ppnc9, ever5thsweek for two (2) 6. suctikplher rpleVAnt information toj enable,magsqpablainvistor to make an
. • <••• CSC, Rule ec. 44). informedrgcisidnton th-eAsleasgl ity of th.̀a74falibilgtiag.;`plan (RULES OF
consecotive, stcsjiM C.,61,2=
Notel The Pariod\rOns diNexcee 'fifteen (15) days from the PROCEDURENDNil.CORPORATE REHABILITATIM, ANI. No. 00-8-10-SC,
last Pbblicatickad.) Rule 3 Sec'8'il efeinafteM.rko. A. .1f 00-8-10-SC]).
-r --
N.1 ve,, ''
2. Within thirty \ (30) ad f the period to inspect the registry .„....„_,,,..„
40- Q: Explain the significance=iof a materM:',fifatalk1 commitment ,: ,,, in a rehabilitation
of claims, fk debt Modsarkcj,pth,ar interested parties may
xlaar !A,,,
4te=4,---
plan. (.vr
submit to the c u 10inge.te=th c AVklv \10. 12-12-11-SC, Rule 2, 4:.'1':-V,j;;E'dfiLsi,:aa:KZEll
ANS: A material finarit9a1 copraltrnent becomes significant in gauging the resolve,
Sec. 45).
3. Upon the expiration oft e thirtM)-cNI period for submission of challenges, determination, earnestna,ss, and good faith of the distressed corporation in financing the
proposed rehabilitation plAl(Philippine Bank of Communications v. Basic Polyprinters
the rehabilitation receiver sha 1-015ifift to the court the registry of claims. The
aggrieved party may seek the review of the decision of the rehabilitation and Packaging Corporation, G.R. No. 187581, October 20, 2014).
receiver on a claim by filing a motion with the rehabilitation court within five (5)
This commitment may include the voluntary undertakings of the stockholders or the
days from receipt of the rehabilitation receiver's assailed decision, which shall
would-be investors of the debtor-corporation indicating their readiness, willingness, and
be decided by the court at the soonest possible time (A.M. NO. 12-12-11-SC,
ability to contribute funds or property to guarantee the continued successful operation of
Rule 2, Secs. 45 & 46). the debtor corporation during the period of rehabilitation (BPI Family Savings Bank, Inc.
v. St. Michael Medical Center, Inc., G.R. No. 205469, March 25, 2015).
Q: What is a Rehabilitation Plan?
ANS: A rehabilitation plan shall refer to a plan by which the financial well-being and Q: What must be set out in a liquidation analysis?
viability of an insolvent debtor can be restored using various means including, but not ANS: The liquidation analysis in the rehabilitation plan must set out for each creditor or
limited to, debt forgiveness, debt rescheduling, reorganization or quasi-reorganization, each class of creditor, as applicable, the amounts they expect to receive under the
dacion en pago, debt-equity conversion and sale of the business (or parts of it) as a Rehabilitation Plan and those that they will receive if liquidation ensues within one
going concern, or setting-up of new business entity as prescribed in Section 62 hereof, hundred twenty (120) days after the filing of the petition (A.M. NO. 12-12-11-SC, Rule 2,
or other similar arrangements as may be approved by the court or creditors (R.A. No. Sec. 61).
10142, Sec. 4(10). Note: The Rules on Corporate Rehabilitation makes a similar requirement except that it
requires the analysis to set out for each creditor of the corporation under rehabilitation
an analysis showing that the payments each would receive under the payment plan is
more than that which it would receive if the assets of the debtor-corporation were sold

160 161
by a liquidator within a six-month (180-dav) period from the estimated date of filing of 6. Determination that the Rehabilitation Plan may no longer be implemented in
the petition (A.M. No. 00-8-10-SC, Rule 3, Sec 18). accordance with its terms, conditions, restrictions, or assumptions;
7. There is a finding that fraud was committed in securing the approval of the
Q: How is the Rehabilitation Plan approved? Rehabilitation Plan or its amendment;
ANS: The rehabilitation receiver shall notify the creditors and stakeholders that the 8. In cases falling under Section 65 of this Rule, where, after finding merit in the
Rehabilitation Plan is ready for their examination. Within twenty (20) days from the date objection/s raised against the confirmation of the Rehabilitation Plan, the
of the notification, the rehabilitation receiver shall convene the creditors, either as a defect is not cured within such time as the court may order, or if the court
whole or per class, for purposes of voting on the approval of the Rehabilitation Plan. determines that the debtor acted in bad faith, or that it is not feasible to cure
Voting may be done in person, by a duly authorized representative, or by mail, including the defect; and
secure electronic mail, received on or before the meeting (A.M. NO. 12-12-11-SC, Rule 9. failure of the debtor to comply with these Rules, the Rules of Court, or any
2, Sec. 62). order of the court (A.M. NO. 12-12-11-SC, Rule 2, Sec. 73).
Q: What are the special rules on the approval the Rehabilitation Plan? Q: What actions may be taken by the court upon a breach of, or failure of the
ANS: The Rehabilitation Plan shall be deemed approved by the creditors only when it is Rehabilitation Plan?
approved by each classes of creditors whose rights are adversely modified or affected ANS: Upon failure or breach of the Rehabilitation Plan, the court may:
by the Plan. Disapproval by at least one class of creditors shall preclude the approval of 1. issue an order directing that. the breachbe cured within a specified period of
the plan (A.M. NO. 12-12-11-SC, Rule 2, Sec. 62). time, failing which the, , ;proceedings may be converted to liquidation
proceedings;
The plan shall be deemed approved by a certain class of creditors if members of the 2. issue an order converting00:roCepdings to liquidation proceedings;
said class holding more 50% of the total claims of the said class vote in favor of the Plan 3. allow the debtor or rei9biligti4hi receiver to submit amendments whose
(id.) approval shall be governedtithwarnmequireMents for creditor approval
Q: What are valid grounds for objection of the Rehabilitation Plan? (F-IVii-Su) and court confirmation'of a RehabilitatiiiiitElaTut-Mthis Rule;
4. issue any other oEddr to remOdy4he breach consistent with the Act and these
ANS: Objections to a Rehabilitation Plan shall be limited to the following:
1. The creditors' support was induced by Fraud; Rules, other Oplicable law.Odctpe best interests little creditors; or
5. enforce the applicable proyiSignx of the RehabilitatiOrran through a writ of
2. The documents or data relied upon in the Rehabilitation Plan are materially
false or Misleading; or execution (AIM. 140A:2142-11-SO Rule 2, Sec. 718).
- •, , .
3. The Rehabilitation Plan is in fact not Supported by the voting creditors (A.M.
NO. 12-12-11-SC, Rule 2, Sec. 64). Q: Who mayple a petition for approval of a Pre-negotiated1Rehabilitation Plan?
ANS: The inscilteitdekip.W itself of jot {fly with any„.9.1fas,*pditg, _
r400-riay file a verified
Q:-Can a disapproval of the creditors be vetoed? petition with the, court .foriplirovardt PrePlegotiated-RdhAilkairdiliFlan (A.M. NO. 12-
ANS: Yes, notwithstanding the rejection of the Plan, the rehabilitation court may motu 12-11-SC, Rule 9-6v ;
proprio or upon motion, within 10 days from notice of rejection, confirm the Plan if there
is manifest unreasonableness which are shown in the following instances: The plan must be endorsed oriapproved bY.:..cresit9rs holding 2/3 of the total liabilities of
1. the Plan complies with requirements of R.A. No. 10142; the debtor, including secured creditors tioldit)gilriorpthan 50% of the total secured
2. the Receiver recommends its confirmation; claims of the debtor trid unseqUrd&CiidifOrS4ibtcling,zrnore than 50% of the total
3. the owner of the juridical debtor loses at least their controlling interest as a unsecured claims of thedebtori(R:A. No. 10142, Sec. 76).
result of the Plan; and
4. the Plan would likely to provide the objecting class of creditors with Q: Upon approval of the,Ptelnegotiated Rehabilitation Plan, what is the effect of
compensation, which has a net present value greater than that which they the Order? How long is its effectivity?
would have received if the debtor were under liquidation (VIctorio-Aquino v. ANS: The Order shall have the same effects as a Commencement Order under Section
Pacific Plans, Inc. and Marcelo Jr., G.R. No. 193108, December 10, 2014). 9, Rule 2 of these Rules.

Q: Cite the instances resulting to failure to rehabilitate. It shall retroact to the date of the filing of the petition and shall be effective for one
ANS: Rehabilitation may fail under any of the following circumstances: hundred twenty (120) days from the filing of the petition unless earlier lifted by the court
1. Dismissal of the petition by the court; on account of (a) the approval of the Pre Negotiated Rehabilitation Plan, or (b) the
2. Failure to submit a Rehabilitation Plan; termination of the rehabilitation proceedings (A.M. NO. 12-12-11-SC, Rule 3, Sec. 3).
3. A Rehabilitation Plan is not confirmed by the court;
4. Under the Rehabilitation Plan submitted by the debtor, there is no substantial Q: What are the minimum requirements for Out of Court Restructuring Agreement
likelihood that the debtor can be rehabilitated within a reasonable period based (OCRA) to commence?
on the requirements of Section 21 of the Act; ANS: The following are the requirements for OCRA:
5. The Rehabilitation Plan or its amendment is approved by the court but in the 1. The approval of:
implementation thereof, the debtor fails to perform its obligations thereunder or a. Debtor;
there is a failure to realize the objectives, targets or goals set forth therein, b. Creditors representing at least 67% of the secured obligations of the
including the timelines and conditions for the settlement of the obligations due debtor;
to the creditors and other claimants;

162 163
 c. Creditors representing at least 75% of the unsecured obligations of the Conversion is the act by an insolvent debtor under court-supervised or pre-negotiated
debtor; and rehabilitation is ordered by the court to be liquidated upon proper motion by the
d. Creditors holding at least 85% of the total liabilities, secured and insolvent debtor, his creditors, or the rehabilitation receiver (R.A. No. 10142, Sec. 90,
unsecured, of the debtor; and 91, & 92). As such, conversion may result to the commencement of voluntary or
2. Publication of the Notice of OCRA, once a week for at least 3 consecutive involuntary liquidation proceedings (R.A. No. 10142, Sec. 90, 91, & 92).
weeks in a newspaper of general circulation in the Philippines (A.M. NO. 12-
12-11-SC, Rule 4, Sec. 1). Q: How is voluntary liquidation commenced?
ANS: The commencement of voluntary liquidation may be done in 3 ways:
Q: Explain the standstill period. 1. Where the debtor is a natural person, he may apply to be discharged from his
ANS: Standstill Period is the period agreed upon by the debtor and its creditors to debts and liabilities by filing a verified petition provided that his outstanding
enable them to negotiate and enter into an out-of-court or informal restructuring/workout debts exceed P500,000 and he is insolvent (R.A. No. 10142, Sec. 103);
agreement or Rehabilitation Plan pursuant to Rule 4 of these Rules. The standstill 2. Where the debtor is a juridical person, it may apply for liquidation by filing a
agreement may include provisions identical with or similar to the legal effects of a petition for liquidation with the court which must contain the following;
commencement order under Section 9, Rule 2 of these Rules (A.M. 12-12-11-SC, Rule 3. A schedule of the debtor's debts and liabilities including a list of creditors with
1, Sec. 5(q)). their addresses, amounts of claims and collaterals, or securities, if any;
4. An inventory of all its assets,including receivables and claims against third
Q: When may an agreement 'sTh rIZIRCre‘binding?
1
ar parties; and
a. "
ANS: An agreement on stan'astiperiod tleindian wend 5. The names of at least threqq3 :nominees to the position of liquidator (R.A. No.
1. Such agreerridrikrp 50d.byceret dr g more than fifty percent 10142, Sec. 90). A
(50%) of thelof,Ilia ilities of the debtor; J. 6. Where the debtor OdOtgOing court-supervised or pre-negotiated
dr A. . ,
2. Notice tereo pub *shed—in,rewsp_aQo of ger eol circulation in the rehabilitation proceedips;.hM:sdebtosway 01$ the court to convert
Philippirfon week forgivolp ceRsecutir KoRks,,a4 rehabilitation proceedings ititmidatiaii3OrdCOOdig4f.py filing a verified motion
3. The standstill eriod does ri6t ex4edione hundred twent 120) days from the in the same court thejefObilitation proceedings are pending (RA. No.
date oaf effecti ity (R A. No. 10142>--ec. 85). 10142, Sec. 9.11):"
iI
Q: What is th1Cramo-Down Effect?; I e-,-Ii:›' Q: How is involuntarpiOaticin commenced?
ANS: There s a cram down effeb en)• ra restructuring/Workpigt agreement or ANS: The commencement of-involuntary liquidation maybe done ii14 ways:
rehabilitation plalNis4 approv kpursuarif.-Zon infor 91,cprkolit framework and which 1. Where the debt4 is a natural liV.sson, one or more creditors whose claims
shall have the arrle\i6gal ,,,, as ccktlfir ialion of
ec elebilfiptio jilan under a court- amountto atr''
easthp5ocLocm mvgle a verified,petition„fogliquidation alleging
supervised reh iiilifatiO (R. 101E42, _ece,86' O. 42-12- /-SC, Rule 4, Sec. one or more of2thOivalicil
iatound-AnumerafO4'44W 6?105 of the FRIA
5). •
demonsgatineTfikthe debtor "willing or un'Ae:tey'Fiajr his debts (RA. No.
10142, Sgat1o5)Nri,
Q: What is theram-Down ,giero Court (Cram-Down 2. Where th eldebtor
l iS.a juridical Romn,its creditors may initiate liquidation by
Principle)? filing a verified ko,titiOn
i:>'44*,
ANS: The "cram-down Vzincipje,cppsists,--oftwo in t a. The petitionersc4Monsmbre:-criditers the aggregate of whose
1. The court's apiRovalitoyhe rq-Mbildirp plageven over the opposition of claimsWeither
eithe
creditors holding es*I-najority cifVt6 laatoligbilities of the debtor if, in its i. *Al..lo@sOne million pesos (Php1,000,000,00) or
judgment, the rehabilitatiOrarth-e-dE6S: is feasible and the opposition of the ii. at~i sty twenty-five percent (25%) of .the subscribed capital
creditors is manifestly unreasonable; and stock or partner's contributions of the debtor, whichever is
2. The binding effect of the Plan upon the debtor and all persons who may be higher
affected by it, including the creditors, whether or not such persons have b. The petition shows that:
participated in the proceedings or opposed the plan or whether or not their i. there is no genuine issue of fact or law on the claims/s of the
claims have been scheduled (Vittorio Aquinov. Pacific Plans, Inc. and petitioner/s;
Marcelo Jr., supra). ii. the due and demandable payments thereon have not been
made for at least one hundred eighty (180) days or that the
Liquidation debtor has failed generally to meet its liabilities as they fall due;
0: Distinguish between the voluntary liquidation, involuntary liquidation, and and
conversion iii. there is no substantial likelihood that the debtor may be
ANS: Voluntary liquidation proceedings is initiated and applied for by the insolvent rehabilitated (R.A. No. 10142, Sec. 91).
debtor himself (R.A. No. 10142, Sec. 90 & 103). 3. Where the debtor is undergoing court-supervised or pre-negotiated
rehabilitation proceedings, the creditors as described in (2) above may ask the
Involuntary liquidation proceeding is imitated by the creditors of the insolvent debtor court to convert rehabilitation proceedings to liquidation proceedings by filing a
after sufficient demonstration that their claims are uncontested, due, and demandable verified motion in the same court where the rehabilitation proceedings are
but the debtor is unwilling or unable to pay all his outstanding debts (R.A. No. 10142, pending (R.A. No. 10142, Sec. 91).
Sec. 91 & 105).

164 165
 4. Where the debtor is undergoing court-supervised or pre-negotiated 6. No Foreclosure proceeding shall be allowed for a period of 180 days from the
rehabilitation proceedings, the court may convert rehabilitation proceedings to date of the order (A.M. NO. 15-04-06-SC, Rule 4, Sec. 3).
liquidation proceedings upon the recommendation of the rehabilitation receiver
that the rehabilitation of the debtor is not feasible (R.A. No. 10142, Sec. 92). Q: What are the Powers, Duties, and Responsibilities of the Liquidator?
ANS: The liquidator shall be deemed an officer of the court with the principal duty of
Q: When is a bond required in the initiation of liquidation proceedings? preserving and maximizing the value and recovering the assets of the debtor, with the
ANS: A bond is required only when a petition for involuntary liquidation is filed in an end in view of liquidating them and discharging to the extent possible all the claims
amount at least equal in value to the aggregate of the claims of the creditor/s, against the debtor.
conditioned upon payment to the debtor of all expenses and damages he or it may incur
by reason of the filing of the petition if the same is later denied or dismissed by the The powers, duties and responsibilities of the liquidator shall include, but not be limited
court, or withdrawn by the petitioners without the consent of the debtor (R.A. No. 10142, to, the following: (S4R3P)
Sec. 105 and A.M. NO. 15-04-06-SC, Rule 2, Sec 5). 1. To Sue and recover all the assets, debts and claims, belonging or due to the
debtor;
Q: Summarize the liquidation process. 2. To take Possession of all the property of the debtor,. except property exempt
ANS: The liquidation process is as follows: by law from execution;
3. To Sell, with the approval of the., court, any property of the debtor under his
possession or control; 4'61
.
4. To Redeem all mortgagORIViedges, and satisfy any judgment which may
/ I
.00) gldtiorizprder
Election or
appointment of constitute an encumbrariCei,CRY.eAproperty sold by him;
liquidator 5. To Settle all accounts betweenEllie debtor and his creditors, subject to the
approval of the court;
6. To Recover any proper:1j', qiitSAaluelff*I.ujecei-cppveyed by the debtor;
1T5) A *TT
CS L.>
7. To Recommend tothe courtlhafreation Ofkere'ditors' committee which will
assist him indig'discharge4s functions and wjiich shall be vested with
powers as thetouTt deemslyst; reasonable and necessary; and
8. Upon approvtOfAhepurt; to engage the Servicei persons with specialized
..1‘ gtibllijiiii;6f ,._._ '17;lementation of
Regist ofezti s bliagyptionIPlan '" 1-119t.fidation Plan skills or trainingOlitmay be necessary and reisorthblkto assist him in the
,. .--- discharge
1." of hisY-clilties. Such ,persons or professionals shall be deemed
employees orindependent contractors of the liquid for arid„piall possess the
,.... . ,i-..q0,4 I samequalifications-ias they liquidator.
Note: In addition to the rights and '06tiesr4 a rehabilifetiOneiver under Section 31,
Nit \SN\.:'1---' I Chapter II (C) 10142, insofar
z as they are applicable to liquidation
ll
Issuance oftQrder proceedings, the liqUidator, shall have th4r4ght and duty to take all reasonable steps to
directing SEcto sfeice:PI,Pder manage and dispose ,of,.,tR debtor's view towards maximizing the
remove the debtor 4,:.,j-rm mate the` proceeds therefrom, toVarcreditiorsFgriakOCOOkiersoprid to terminate the debtor's
from the registry al c, ) 7 pr Ote.ehicti4V,, legal existence (A.M. NO: 15-04Afg.C, Rule 4, Sec. 12).
entities
Q: How are claims detetrnmect in liquidation proceedings?
Q: What are the effects of a Liquidation Order? ANS: In liquidation proceedings, claims are determined through the following rules:
ANS: Upon the issuance of the Liquidation Order: (DLF-CAC) 1. If the debtor and creditor are mutually debtor and creditor of each other, one
1. A juridical debtor shall be deemed Dissolved and its corporate or juridical debt shall be set off against the other and only the balance, if any, shall be
existence terminated; allowed in the liquidation proceedings (A.M. NO. 15-04-06-SC, Rule 4, Sec.
2. Legal title to and control of all the assets of the debtor, except those that may 18).
be exempt from execution, shall be deemed vested in the liquidator or, 2. Within 30 days from the expiration of the period for the filing of claims, a
pending his election or appointment, with the court; creditor, debtor, or other interested party may submit to the court an opposition
3. All Contracts of the debtor shall be deemed terminated and/or breached, or challenge to any claim or claims, serving a certified copy on the liquidator
unless the liquidator, within 90 days from the time he takes his oath of office, and the creditor holding the challenged claim.
declares otherwise and the contract counter-party agrees; 3. Upon the expiration of the 30-day period for filing claims, the liquidator shall
4. No separate Action for the collection of an unsecured claim shall be allowed. submit to the court the registry of claims containing the undisputed claims that
Actions already pending will be transferred to the liquidator for him to accept have not been subject to challenge. Such claims shall become final upon the
and settle or contest; filing of the register and may be subsequently set aside only on grounds of
5. If the liquidator Contests or disputes the claim, the court shall allow, hear, and fraud, accident, mistake or excusable neglect (A.M. NO. 15-04-06-SC, Rule 4,
Sec. 19).
resolve such contest, except when the case is already on appeal. In such a-.
case, the suit may proceed to judgment, and any final and executory judgment 4. The liquidator shall resolve disputed claims and submit his findings thereon to
therein for a claim against the debtor shall be filed and allowed in court; and the court for final approval. The liquidator may disallow claims, subject to final
approval of the court (A.M. NO. 15-04-06-SC, Rule 4, Sec. 20).

166 167
 -.4

Suspension of Payments Suspension of Payment. Order Remedies payments on the ground of insufficiency in form and substance resulting in the non-
Q: Who may file a Petition for Suspension of Payments of Individual Debtors? issuance of a Suspension of Payments Order, can only be reviewed through a petition
ANS: An individual debtor who has assets that exceed his liabilities but foresees the for certiorari to the Court of Appeals under Rule 65 of the Rules of Court within fifteen
impossibility of paying his debts when they respectively fall due may file a verified (15) days from notice of the decision or order (A.M. NO. 12-12-11-SC, Rule 6, Sec. 2
petition for suspension of payments in the court having jurisdiction over the province or and A.M. NO. 15-04-06-SC, Rule 5, Secs. 2&4).
city where he has resided for 6 months prior to the filing of the petition (A.M. NO. 15-04-
06-SC, Rule 3, Sec. 1). B. ANTI-MONEY LAUNDERING ACT (AMLA)
(RA No. 9160, AS AMENDED BY R.A. No. 9194, R.A. No. 10167 and R.A. No.
If the Court finds the petition sufficient in form and substance, it shall, within 5 working 10365)
days from the filing of the petition, issue a Suspension of Payments Order (A.M. NO. 15- Covered institutions and their obligations
04-06-SC, Rule 3, Sec. 2).
Q: What is money laundering?
Q: What is contained in the Suspension of Payments Order? ANS: Money laundering is a crime whereby the proceeds of an unlawful activity are
ANS: The Suspension of Payments Order shall transacted, thereby making them appear to have originated from legitimate sources
1. Prohibit creditors from suing or instituting proceedings for collection against (R.A. No. 9160, as amended, Sec. 4 rhereinafterAMLA]).
the debtor. This shall NOTgaabolriro—w-ever..to:
a. creditors havir clairni,, fot ppksbnI'lak?r, maintenance, expense of Q: What institutions are covered .bylhotAMLA?
last Hines aQd Derarkofithe wife chit ren of the debtor incurred ANS: The following institutions arerAtemby the AMLANS: (BIJS3)
withi 4691) daysiragrdigrely.prior tfiA ing of the petition; and 1. Banks, non-banks, queAtisAlictrust entities, foreign exchange dealers,
b. sec ccedftes; pawnshops, money chaiNeWrepittance and transfer companies, and other
#. similar entities and altiifotKaAtsofiRpttheylkbsidiaries and affiliates
2. Call a meeting raft he'creditors Lame d'mar hedulq ,,f debts and liabilities
—'"--
at a tim •ri ps than fifteFp' (1 day nor rriore t 'affork(40) days from the supervised or regulgtpd by thtIhtiko-SeriteabygRilipinas (BSP);
date o such ;der aid designetw the date, tre, a d pleceiof the meeting; 2. Insurance companies, pre-need Companies, and another persons supervised
3. Direc such 6redito s_to_presedtt;itritten_exidence o eft. ' laims before the or regulated byith9,Insurancoleqtrz'mission (IC);
4. sche ,919srditors' meekg;_3, 1r_.,-w, 1 3. The followingVentities adminrslering Securities, as fol oWs:
Dire t the , blicatio: of the said "rderin 4„: a nrspaper az, geral circulation in
_..., a. Seculftiesirclealers,
• brokers, salesmen, investment houses, and other
the hill pines n4 a v‘rakcifai zOb (2) 9oreelcutike weet<s, with the first similar persons managing securities/1 or rendering services as
il ; ,'~'investment agent, advisor; itir consultanti
publi atiorrft b ae-within‘s'exen47.)-da s f the time cf the issuance of
the ord ri Cri
."' es% / An/ b.:-:.Mutualofeirids, close-end fFiVestment7.compapieer4cOrnmon trust funds,
5. DirecAhe cler 0)1 -ka.*ndi gi of a copy of the order by and, otherAmilar,personsi.;land
registeNd mai pos t ditors 'named in the schedule of Other,entities
c. 'Wier 's administering 4 or otherwise `dealing in currency,
debts an liabilitiek; coWiiiinitieVor
.1,
finincialtabrivatives based thereon, valuable objects,
6. Prohibit th petition, ' ill!igtfesf ,,encu tiring or disposing his cash' substitutes, and ottier/sil ar m instruments or property
onetary
.t*.? rah
property, except thgasp ust,,..„12:oglingerations of commerce or of supervindTor regyjatedi.pyktiles9RAKiltes,pnd Exchange Commission;
industry in which ft<Otitionempt4 • ng as the proceedings are 4. Jewelry dealers in prAdfOt'Sfories!'WhO"ati-a2business, trade in precious
pending; stones, for trailSactioppiji excess of P1,000,000;
7. Prohibit the petitioner fromurriaargrijiop yment outside of the necessary or 5. Company Serace:924.1dyiders which, as a business, provide any of the following
legitimate expenses of his business or industry, as long as the proceedings services to third Pirtia:
are pending; and a. acting as a formation agent of juridical persons;
8. Appoint a commissioner to preside over the creditors' meeting, who may or b. acting as (or arranging for another person to act as) a director or
may not be from among the nominees of the debtor (A.M. NO. 15-04-06-SC, corporate secretary of a company, a partner of a partnership, or a
Rule 3, Sec. 2). similar position in relation to other juridical persons;
c. providing a registered office, business address or accommodation,
Remedies correspondence or administrative address for a company, a partnership
or any other legal person or arrangement; and
Q: When may a motion for reconsideration be filed? d. acting as (or arranging for another person to act as) a nominee
ANS: A party may file a motion for reconsideration of any order issued by the court shareholder for another person;
prior to the approval of the Rehabilitation Plan, Liquidation Order, or Suspension of 6. Persons who provide any of the following Services:
Payments Order. No relief can be extended to the party aggrieved by the court's order a. Managing of client money, securities or other assets;
on the motion through a special civil action for certiorari under Rule 65 of the Rules of b. Management of bank, savings or securities accounts;
Court (A.M. NO. 12-12-11-SC, Rule 6, Sec. 1 and A.M. NO. 15-04-06-SC, Rule 5, Secs. c. Organization of contributions for the creation, operation or
1&3). management of companies; and
d. Creation, operation, or management of juridical persons or
Q: How can an order approving or disapproving a rehabilitation plan be reviewed? arrangements, and buying and selling business entities (AMLA, Sec.
ANS: An order approving or disapproving a rehabilitation plan, liquidation order or 3(a.
))
suspension of payments order, or that court's dismissal of the petition for suspension of
168 169
Q: Are lawyers and accountants covered by AMLA? Safe harbor provision
ANS: No. The term 'covered persons' shall exclude lawyers and accountants acting as
Q: What is the Safe harbor provision?
independent legal professionals in relation to information concerning their clients or
ANS: The "safe harbor provision" provides that no administrative, criminal, or civil
where disclosure of information would compromise client confidences, or the attorney-
client relationship. These lawyers and accountants, however, must be authorized to proceedings shall lie against any person for having made a covered transaction report in
practice in the Philippines (AMLA, Sec 3(a)). the regular performance of his duties and in good faith, whether or not such reporting
results in any criminal prosecution under the AMLA or any other Philippine law (AMLA,
Q: What is the obligation of covered institutions? Sec. 9(c)).
ANS: Covered persons shall report to the Anti-Money Laundering Council (AMLC) all
covered transactions and suspicious transactions within 5 working days from occurrence When is money laundering committed (including predicate crimes)
thereof, unless the AMLC prescribes a different period not exceeding 15 working days. Q: When is money laundering committed?
Note: Lawyers and accountants acting as independent legal professionals are not ANS: Money laundering is committed by any person who, knowing that any monetary
required to report if they are subject to professional secrecy or legal professional instrument or property represents, involves, or relates to the proceeds of any unlawful
privilege (AMLA, Sec. 9(c)). activity: (T-C3AF-R)
1. Transacts said monetary instrument or property;
Q: Can covered persons communicate covered or suspicious transactions to 2. Converts, transfers, disposes 2f) moves, acquires, possesses or uses said
other entities? T monetary instrument or property
ANS: No. Covered persp erg theik of icqrsnd em,ployees are prohibited from 3. Conceals or disguises thVe9tRature, source, location, disposition, movement
communicating, direcpr4n-tdLreptlyiin a d natli serigr py means,
r to any
b person or or ownership of or rights4vdithr,epigt to said monetary instrument or property;
entity, or the media, overe or su picioys fragap ion has .een reported. 4. Attempts or Conspires kt9z orfit-niamoney laundering offenses referred to in
or is about to be report‘d ihneico5epts,oflie.re ort, oketnrInthelvformation in relation numbers (1) and (3);"
thereto. Neither nrrsuch;reporting be published or i edki,f, r!RIAsnanner or form by the 5. Aids, abets, assists ipior coOeels,Ahe.:dorVismof the money laundering
mass media, elr HIM' ail, lir othe7 sigiprsiEvices. In cae+bf violation thereof, the offenses referred,to* numbers f) (2) or (3) above;4
concerned officer an emplpyee of the-covered pe son anOnledia shall be held 6. Performs orkfaftto perforuml act as a result gr which he Facilitates the
criminally liable, (AM Sec. We) offense of moikeyleunderingxeferifed to in numbers )‘(2) or (3) above; and
7. Any coveredmersoh,w.ho,lcnowog that a covered o suspicious transaction is
Covereciandsuspi tous transactiohs, 1,1 \_,_
Joe li ..--,-,1 ..' LswazyriiE - .2 required,tcybe ReArted to the ArALC, but fails kid° so (AMLA, Sec. 4).
Q: What are tie
qtv -coyeee 'traw lttons;f _,-_-_, kFA
1
ANS: The folio ioare co transactio Is:,,(CPR)
1 '£.
,..,.)i Q: What arethesteps- money laurderliig?
.1 t A
1. Any tre act n in or itsfle ,2egijiy CryonetaryAlrcttk ment involving a ANS: The thr41b aSiateptif) mOtiey,lauri4ring are
total amount in OiX0 dwit1q)ankinIday (AMLA, s Sec. 3(b)); 1. Placement 71the;'leundeferrdeposits the dirty iii-dney,intb e legitimate financial
*Jr,y
2. Jewelry\klealers as V sinesp, trade in precious institution;f*--
stones, foOransact(r2ns in,Vces Pcip0 ,0007AMLAzeSec. 3(a)(4))); and 2. Layering :4;,sending4money through various financial transactions to change its
3. The Land RegistratylitoAuthor yen'LI .alritsgistnes of Deeds to submit form and make.te1it more difficult tdif,6126-Ahd,..,
.
to the AMLNeR6 n all.Real.estagIrc.sa4 involving an amount in 3. Integration v money re:entersimpinstrearn(econpmy in legitimate looking form
i 7.
excess of la500100 (within 15t days an fife date of registration of the appearing from;-somefegifimate transaction (DIZON, Banking Laws, supra at
transaction, in a fdr°ritl Ile prestri681) h,e‘AMLC (AMLA, Sec. 7(12)). 431-432). W.
Q: What are the suspicious transactions covered by AMLA? Q: What are the unlawful activities or predicate crimes subject to AMLA?
ANS: They are those transactions with covered institutions, regardless of the amounts ANS: Unlawful activity refers to any act or omission or series or combination thereof
involved, where any of the following circumstances exist (No-CASt-DUS): involving or having direct relation to the following:
1. There is No underlying legal or trade obligation, purpose, or economic 1. Bribery, under Articles 210, 211 and 211-A, and Corruption of Public Officers
justification; under Article 212 of the Revised Penal Code;
2. The Client is not properly identified; 2. Frauds and Illegal Exactions and Transactions under Articles 213, 214, 215
3. The Amount involved is not commensurate with the business or financial and 216 of the Revised Penal Code;
capacity of the client; 3. Malversation of Public Funds and Property under Articles 217 and 222 of the
4. Taking into account all known circumstances, it may be perceived that the Revised Penal Code;
client's transaction is Structured in order to avoid being the subject of reporting 4. Forgeries and Counterfeiting under Articles 163, 166, 167, 168, 169 and 176
requirements under the Act; of the Revised Penal Code;
5. Any circumstance relating to the transaction which is observed to Deviate from 5. Kidnapping for Ransom under Article 267 of the Revised Penal Code;
the profile of the client and/or the client's past transactions with the covered 6. Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of
institution; the Revised Penal Code;
6. The transaction is in any way related to an Unlawful activity or offense under 7. Qualified theft under Article 310 of the Revised Penal Code;
this Act that is about to be, is being or has been committed; or 8. Swindling Articles 315 and 316 of the Revised Penal Code;
7. Any transaction that is Similar or analogous to any of the foregoing (AMLA, 9. Hiiackinq and other violations under R.A. No. 6235;
Sec. 3(b-1)).

110 111
 10. Destructive arson and murder under the Revised Penal Code; deposits or investments, including related accounts involved, are related to an unlawful
11. Piracy on the high seas under the Revised Penal Code and P.D. No. 532; activity as defined in Section 3(i) hereof or a money laundering offense under Section 4
12. Smuggling under R.A. Nos. 455 and 1937; hereof (AMLA, Sec. 11).
13. Terrorism and conspiracy to commit terrorism under Sections 3 and 4 of R.A.
No. 9372; Q: Are there instances when the AMLC can inquire into bank accounts without
14. Financing of terrorism under Section 4 and offenses under Sections 5, 6, 7 court order?
and 8 of R.A. No. 10168 (Terrorism Financing Prevention and Suppression Act ANS: Yes. No court order shall be required in cases involving: (KD-HATTS)
of 2012): 1. Kidnapping;
15. Violations of Sections 4 to 6 of the Anti-Trafficking in Persons Act of 2003 2. Violations of the Comprehensive Dangerous Drugs Act;
(R.A. No. 9208); 3. High jacking;
16. Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the Comprehensive 4. Destructive Arson and murder;
Dangerous Drugs Act of 2002 (R.A. No. 9165); ' 5. Terrorism;
17. Section 3 paragraphs B, C, E, G, H and I of the Anti-Graft and Corrupt 6. Conspiracy to commit Terrorism; and
Practices Act (R.A. No. 3019); 7. Felonies or offenses of a Similar nature as numbers (1) to (4) which are
18. Plunder under R.A. No. 7080, as amended; punishable under penal laws of other countries (AMLA, Sec. 11).
19. Jueteng and masiao puni$9d.asjileatgambling under P.D. No. 1602;
20. Violations of Se s7'8 to 79/of-phaf371V of the Revised Forestry Code of C ELECTRONIC COMMERCE ACTQE 0:10 (R.A. No. 8790
the Philippines (fieD. 1\4705), k...ftra. . 6 de
hilippine Fisheries Code Q: What is electronic commerce?
21. Violations of SgetrOTA 46 ti1.08.of.Gha ANS: Electronic commerce referf6Ygyitansactions conducted through digital means.
of 1998 (RA/o. wsp),
e_ ilip i e Mining Act of 1995 It includes business-to-business 69416 . 6g and sales of nlerchandise or information
22. ViolationsforSec ions 1-tol'03F&I-1
products to consumers (AMADO Tee(E v ig9maitp,e
4.P AqtRp'd Other Laws@Cyberspace
(R.A. Ng444?)," TA\ (2000), p. 1) [hereinafter AMADOR, E-CornTr
23. Violations of ectio 27 (c), (ek (f)A.(g) an (I), o, the Wildlife Resources
Consei-vationi nd Protection AcQR A. No. 91 7); (OPP- 4, 40, .-
,_4 eNa Iona Cave Cave Resources Q:What is the scope(ilf applicationj9fille E-Commercerk
24. Violation- 2iffSectiorTFLOT7
ANS: This Act shall appkol\any4kindof data message and electronic document used in
Mandggmen ProtectioricAct (": ;I N(007`2);
____ALC, i•l; 1 -(,p,,,D:kNo. 1q12); the context of commercial non-corVercial activities to include domestic and
25. ViolalicaofI e Anti-Fei
26. Violatifit e PTItil,barnapping,l'eff:if 2002,rro 6539), as amended; international dealings, trarftgtions, difengements, fagreemeAts, contracts and
exchanges a(i
lr 7storagefofkinformaL
iont/i147.,1Vo. 8792, Sec. 40
27. Viola op of ecti6V6Vf the,,M1Orant, Won& 54, d OVersggs Filipinos Act of
arnadrorv. po221 \fi
1995 f2,A..No. 4, 86. 2%, \ e's,, e • -1ir . Lego/ recognition of electronic data messages documentsp.andsignatures
28. Violation of Section of e lit- hbtiNan Jcleo Voyeurism Act of 2009 (R.A. 4-1,g
No. 99g5)• Q: What is an ele4r,Gnic document?
29. Violation‘Of Sectio (ofSbeiArdii ird. ,omography It of 2009 (R.A. No. ANS: It refers to information or1 the representation.of information, data, figures, symbols,
9775); \ .....-,:t EN' 1._..-_;--
- --- z ‘ or other modes of written,. expression, d*-jpotrzcxever represented, by which a
30. Violations of S ctiolg, 8;=9;40(c);°d)-KCIA „ 12 and 14 of the Special right is established or anhbligaIROXtifigilidhie-Or:::15y1wrah a fact may be proved and
Protection of C ildreii, gainstVdnige, bloication and Discrimination (R.A. affirmed, which is received, transmitted, stored, processed, retrieved or
No. 7610); IVILE 1-1," produced electronicallyR.A.A. 8792, Sec. 5(f)).
31. Violations of the ElectronicCaffirrierect of 2000 (R.A. No. 8792); Note: It includes digitallysigried documents and any print-out or output, readable by
32. Violation of the Intellectual Property Code (R.A No. 8293); sight or other means, which accurately reflects the electronic data message or electronic
33. Fraudulent practices and other violations under the Securities Regulation document. The term "electronic document" may be used interchangeably with
Code of 2000 (R.A. No. 8799); and "electronic data message" (A.M. No. 01-7-01-SC, Rules on Electronic Evidence, Rule 2,
34. Felonies or offenses of a similar nature that are punishable under the penal Sec. 1(g)) [hereinafter A.M. No. 01-7-01-SC].
laws of other countries (AMLA, Sec. 3(i)).
Q: Is a facsimile an electronic document?
Authority to inquire into bank deposits ANS: No. An "electronic data message" and "electronic document," as defined under
Q: What is the composition of the Anti-Money Laundering Council? the Electronic Commerce Act of 2000, do not include a facsimile transmission. Facsimile
ANS: The Anti-Money Laundering Council is composed of the Governor of the Bangko transmissions are not, "paperless," but verily are paper-based. It is, at best, an exact
Sentral ng Pilipinas as chairman, the Commissioner of the Insurance Commission and copy preserving all the marks of an original (MCC Industrial Sales Corp. v. Ssangyong
the Chairman of the Securities and Exchange Commission as members (AMLA, Sec. 7). Corp., G.R. No. 170633, October 17, 2007).

Q: When can the AMLC inquire into bank deposits? Q: What is an electronic data message?
ANS: The AMLC may inquire into or examine any particular deposit or investment, ANS: It refers to information generated, sent, received or stored by electronic, optical or
including related accounts, with any banking institution or non-bank financial institution, similar means (R.A. No. 8792, Sec. 5(c)).
upon order of any competent court based on an ex-parte application in cases of
violations of this Act, when it has been established that there is probable cause that the

172 173
Q: What is the legal recognition of an electronic document? Q: What is an electronic signature?
ANS: An electronic document is recognized legally as follows: ANS: It refers to any distinctive mark, characteristic, and/or sound in electronic form,
1. Electronic documents shall have the legal effect, validity, or enforceability as representing the identity of a person and attached to or logically associated with the
any other document or legal writing (R.A. No. 8792, Sec. 7, par.1). electronic data message or electronic document or any methodology or procedures
2. Where the law requires a document to be in writing, that requirement is met by employed or adopted by a person and executed or adopted by such person with the
an electronic document if the said electronic document maintains its integrity intention of authenticating or approving an electronic data message or electronic
and reliability and can be authenticated so as to be usable for subsequent document (R.A. No. 8792, Sec. 5(e)).
reference (R.A. No. 8792, Sec. 7(a)).
3. Where the law requires that a document be presented or retained in its original Q: What is a digital signature?
form, that requirement is met by an electronic document which can be reliably ANS: It refers to an electronic signature consisting of a transformation of an electronic
assured to have retained its integrity from the time it was first generated, and document or an electronic data message using an asymmetric or public cryptosystem
that it is capable of being displayed in its final form (R.A. No. 8792, Sec. 7©). such that a person having the initial untransformed electronic document and the signers
4. For evidentiary purposes, an electronic document shall be the functional public key can accurately determine:
equivalent of a written document under existing laws (R.A. No. 8792, Sec. 7, 1. Whether the transformation was created using the private key that
par. 2). corresponds to the signer's public key; and
5. As between the originatoraad..the.acIA‘cee of an electronic data message or 2. Whether the initial electronic document had been altered after the
electronic documen oedecla atiqin of wilko other statement shall not be transformation was made (A:MMo. 01-7-01-SC, Rule 2, Sec. 1(e)).
4.1
denied legal effect validity, or enfoTea solety on the ground that it is in
Q: What is the legal recognitionA4e4ronic signature?
the form of atvgicatFO i'67a a.message RA. fo 8792, Sec. 17).
ANS: An electronic signature on''?':3thollgtr:onic document shall be equivalent to the
..6- signature of a person on a written :loyricotAthatsignaturetAs, proved by showing that a
Q: What is the meanmgjf unctioneregaicialentZ4
prescribed procedure, not alterable byhte.ipattre4ferestett'. the electronic document,
ANS: To say that4Q19Clreni docurtilentif thefunctionaliquiL t" of a paper-based
existed under which -
document simpl meant tha it maf betc,ibslituted kr any Mocument that is legally
1. A method is useiti'-elntifylitte..P.4 arty
- sought to and to indicate said
required to be made 'Am wriVng". SimilprW,when a law or \e-40tiin requires that a 4fOr
record be retaipe5then the record maybelire'tained in n elec ronic form so long as it is party's access tof the electronic
dIy'
document neggs'sary for his consent or
.01 ._#?' IA Iprill...4 approval thrqi4ghftteslectronic signature;
accurate and' cane accitateW9pro,oduq-C*2fcif- future reference (AMADOR, E-
2. Said method ab and
le and 6'ppropriate forithel purpose for which the
Commerce, suK16). •; 17:SU
- - -ull .,.,.._,
vs,. C93 •
electronic document was generated or communicated, in the light of all the
."--1 '... 7
...e. f— , circOstanceOltacluding any l'elg4nt agreement;
Q: May contra 10 cAxprts's din eletr' riodoc epls? 3. It ii4ece§saljY.fotathe
gearpe -,te'eleTents of contracts required soLib t to be Tiliaki0:dea`egAe'proceed further
ANS: Yes. ExceOtiaeothenkP eect:
under existing laws for tko pe ad ,.t rf -erpoV ,.q^e;7expressed
.?
in demonstrated and
proved by meaneof electronic ..„.....0essage/or rec rbnic docume s.
and a*
with the transaction, to shave executed or praiEgiftat6fectronic signature;
,t*.ei,,
4. The other party is authorized and enabled to verify the electronic signature and
ti Pl•I'N to make the fclecispn to proceed'iwithjltiefransaction authenticated by the
No contract shall be denied yalidity r-eaforcea
A1>on
_ tV,,,§o ground that it is in the
, or that any or all of the same (R.A.No ,
form of an electronic 'daerrifels3-6Nelectro-nicilotuen
ft tflr
elements required under eistingipws fqr IliiettOkriaaoyethe contracts is expressed, An electronic signature a digital signature
te authenticated in the manner prescribed
demonstrated and proved b pans oVeleCtrIonicodocuments
pans of. R.A. No. 8792, Sec. te
hereunder is admissiblein4ence as hfunctional equivalent of the signature of a
16(a)). person on a written document (A.M. No. 01-7-01-SC, Rule 6, Sec. 1).
What is the legal recognition of an electronic data message? Presumption relating to electronic signatures
ANS: Information shall not be denied legal effect, validity, or enforceability solely on the
grounds that it is in the data message purporting to give rise to such legal effect, or that Q: What are the presumptions relating to electronic signatures in general?
ANS: Upon the authentication of an electronic signature, it shall be presumed that:
it is merely referred to in that electronic data message (R.A. No. 8792, Sec. 6).
1. The electronic signature is that of the person to whom it correlates; (R.A. No.
Q: Can electronic messages containing instructions to debit their respective local 8792, Sec. 9(a))
or foreign currency accounts and to pay a certain named recipient a transaction 2. The electronic signature was affixed by that person with the intention of
be considered a bill of exchange? authenticating or approving the electronic document to which it is related or to
indicate such person's consent to the transaction embodied therein; and (R.A.
ANS: No. Such instructions are parallel to an automatic bank transfer of local funds from
a savings account to a checking account maintained by a depositor in one bank. No. 8792, Sec. 9(b))
3. The methods or processes utilized to affix or verify the electronic signature
Electronic messages cannot be considered negotiable instruments as they lack the
operated without error or fault (A.M. No. 01-7-01-SC, Rule 6, Sec. 3).
feature of negotiability. Such message amounts to nothing more than memoranda of a
Note: The presumption does not arise when it is shown that person relying on the
transfer of funds (Hongkong and Shanghai Banking Corp. v. Commissioner on Internal electronically signed electronic doCument knows or has notice-
Revenue, G.R. No. 166018, June 4,2014). 1. Of defects in or unreliability of the signature; or
2. That reliance on the electronic signature is not reasonable under the
circumstances (R.A. No. 8792, Sec. 9(b)).

174 175
Q: What additional presumptions arise with respect to digital signatures? Q: How is an electronic document an original for the purposes of the Best
ANS: In so far as digital signatures are a species of electronic signatures, all Evidence Rule?
presumptions relating to electronic signatures also apply to digital signatures. ANS: An electronic data message or electronic document shall be considered as
retained and presented in the original form-
In addition, it shall also be presumed that where a digital signature is affixed: 1. the integrity of the information from the time when it was first generated in its
1. The information contained in a certificate is correct; final form, as an electronic data message or electronic document is shown by
2. The digital signature was created during the operational period of a certificate; evidence aliunde or otherwise; and
3. No cause exists to render a certificate invalid or revocable; 2. where it is required that information be resented, that the information is
4. The message associated with a digital signature has not been altered from the capable of being displayed to the person to whom it is to be presented (R.A.
time it was signed; and No. 8792, Sec. 10(1)).
5. A certificate had been issued by the certification authority indicated therein Note: A copy of an electronic document is deemed to be an original if it is a printout or
(A.M. No. 01-7-01-SC, Rule 6, Sec. 4). output readable by sight or other means, and shown to reflect the data accurately (A.M.
No. 01-7-01-SC, Rule 4, Sec. 1).
Q: Does the E-Commerce Act require private persons to use electronic
documents and signatures? Q: Can the admissibility of electronic evidence be proved by affidavits?
ANS: No. Without prejudice to theliaatio Section 27 of the Act and Section 37 of ANS: Yes, all matters relating to the adrpiksibility and evidentiary weight of an electronic
the Implementing Rules, nothi gin the ct r the in Iezienting
r Rules requires a person document may be established by ariVOit stating facts of direct personal knowledge
to use or accept inforp iNntai iCteecironatNlata messages, electronic of the affiant or based on authentiOedord§:(R.A. No. 8792, Sec. 14; A.M. No. 01-7-01-
documents, or electro
/ id" 'gnat. ut.a=perk5S.4 cgrivntI do so may be inferred SC, Rule 9, Sec. 1). .N
from the person's it uc liptiementing Ruleant, eReg'u afons of the Electronic
Commerce Act, Se . 9) raffle rr-IRFir°6 -Commerce 60: Q: Who has the burden of provi%aptptiftiA IRLan eleetwnic document?
10) ANS: The person seeking to introdukanielectiiitifortiOcument in any legal proceeding
Admissibility and t A eNtronia da a message or electronic has the burden of proving,itailithenticitY (B.A. No. 8792;e6V11, par 3).
document
1 (11 Q: What are the falcrsOto conriefiti assessing the 1.ii,ciential weight of an
Q: Does the atutory rule-on admissibility of
electronic data messa`gedodument admitted into evideilice3
electronic do
I I ANS: In assessAiglire evidential weight 14f an electronic data message or electronic
ANS: No. R.A istatutopymlp repting the admissibility
document, "theliabillty. 'ofthe rtinntt, in which was gkerated, stored, or
of electronic --elecunly ts;-exce.3, t t e rules relating to
commiiiiicategiltifezeatiljity, of the manner in whichzitwiginatgr,7 identified, and
authentication S ar. 2):
other relevariffiators shall given due reAard (R.AN64004A1Se01;12).
Q: What is the eneral Tle s bility of an electronic document ‘L-9,
Obligation of conriaritialit4
or electronic datkmessag ? . .
ANS: In any legal PrQceedin NI, t Irrig,..T:00icatiovf the •ules on evidence shall Q: What is the ObligatIon otponfiden4l!
deny the admissibilitt ofk electronic da 4,,meltror electronic document in ANS: Except for the purposes 39„thorize- AnSist figmq,any person who obtained
evidence: access to any electro*key, ata message, or electronic document, book,
1. On the sole group ktelistilnjgc1 3Ai,g r register, corresponderi infprination,
inform or other material pursuant to any powers
2. On the ground that it is not4 *-riard written form. conferred under this Act;i:shallOot convey to or share the same with any other person
(R.A. No. 8792, Sec. 32).
Electronic data messages or electronic documents which meet and comply with the
requirements under Sections 6 or 7 of R.A. No. 8792 shall be the best evidence of the Q: What is the basis of the obligation to confidentiality?
agreement and transaction contained therein (R.A. No. 8792, Sec. 12). ANS: The obligation to confidentiality is based on the rule on "lawful access."

Q: How are electronic documents authenticated? Access to an electronic file, an electronic signature, an electronic data message, or
ANS: An electronic document is authenticated by evidence that- electronic document shall only be authorized and enforced in favor of the individual or
1. The electronic document has remained complete and unaltered, apart from the entity having a legal right to the possession or the use of plaintext electronic signature or
addition of any endorsement and any authorized change, or any change which file. The electronic key for identity or integrity shall not be made available to any person
arises in the normal course of communication, storage, and display; and or party without the consent of the individual or entity in lawful possession of that
2. The electronic document is reliable in the light of the purpose for which it was electronic key (R.A. No. 8792, Sec. 31).
generated and in the light of all relevant circumstances (R.A. No. 8792, Sec.
7). Q: What is an electronic key?
ANS: An electronic key refers to a secret code which secures and defends sensitive
information that crosses over public channels into a form decipherable only with a
matching electronic key (R.A. No. 8792, Sec. 5(g)).
 Q: What is hacking or cracking? Scope
ANS: Hacking or cracking refers to unauthorized access into or interference in a
Q: What is the scope of the Data Privacy Act of 2012?
computer system/server or information and communication system; or any access in ANS: This Act applies to the processing of all types of personal information and to any
order to corrupt, alter, steal, or destroy using a computer or other similar information and
communication devices, without the knowledge and consent of the owner of the natural and juridical person involved in personal information processing including those
computer or information and communications system, including the introduction of personal information controllers and processors who, although not found or established
computer viruses and the like, resulting in the corruption, destruction, alteration, theft or in the Philippines, use equipment that are located in the Philippines, or those who
loss of electronic data messages or electronic document (R.A. No. 8792, Sec. 33(a)). maintain an office, branch or agency in the Philippines (R.A. No. 10173, Sec. 4).

Q: What are the acts penalized under the E-Commerce Act? Q: What is the effect of R.A. No. 10173 on R.A. No. 53, otherwise known as An Act
ANS: The following Acts shall be penalized by fine and/or imprisonment, as follows: to Exempt the Publisher, Editor, or Reporter of any Publication from Revealing the
(HPVO) Source of Published News or Information obtained in Confidence?
ANS: Nothing. No provision under the Data Privacy Act shall be construed as having
1. Hacking or cracking;
2. Piracy or the unauthorized copying, reproduction, dissemination, distribution, amended or repealed the provisions of Republic Act No. 53.
importation, use, removal, alteration, substitution, modification, storage,
uploading, downloading, co muni ion, making available to the public, or Publishers, editors, or duly accredited reporters of any newspaper, magazine, or
broadcasting of protect mater, I, ec onic4gnature or copyrighted works periodical of general circulation are still from being compelled to reveal the
including legallpprotectetd so ric, digtsi
orkphonogranns or information source of any news report or inforMalion appearing in said publication which was related
material on p, °tea?) ,,Gr ks.h roug, t e4se of telecommunication networks, in any confidence to such reporter (R.A. No. 10173, Sec. 5).
such as, brut"of liMited o, the Internet, ins n an erytt at infringes intellectual
property ighTs?' . - y ""'"''......
,.....••••'"'"' . i Q: What are exempted from the csi)pe,'OtMs.Np. 10173?„
A ANS: This Act does not apply to.,t.he
3. Violatio t441) Coniumertct orRepblic Act 90743A4 and other relevant or
pertine t laws thropgh transaafonetkovered b or using electronic data 1. Information about any indivalallwho is or officer or employee of a
electropic documents.1 government institution that relates to the position oritunctions of the individual,
messages ori
4. Othe
9i)
atioons of tr provisionqlfot iffirROTTRA. No. 8 NASec. 33). including: .
F. a. The faeNtiat the individual is or was anyofficer or employee of the
' 1 l'i: 4717° I
D. DATA PRIV
ik--. ;-.
C,p1 OF 2012 (ReputilicAallo. 10173) governMeOpStitution;
,,,,,..Dia,„ b. .,The title, n,buginess—address and office eph'ope
tjl
'r -' number of the
Persona/ (-13
Persona/ vs. senSkille perso 4 • . •
1 aal,)'""'AN
Q: What is perl utform\atio ' -- 0
3'
; \f c,:piThe,classifiCation=splary rage
rdrige and3reSppriSibilitid?,:otthe position held
E4, 4. by thejn.diiidual; and
ANS::Personal tqformatlen ref AoZ.ariy3in orrli ether ecorded in a material form 4if •
or not, from whist the idle sl"ae
tity - f `Ind, ' ual par or ca 'be reasonably and d. Th2.01,910'.91, the individual a document prepared by the individual in
directly ascertaineaby the e tity bolqn hell orpationior whenput together with other the;qourse ofempldymentmith the government;
information would directly an 01 .'nly_talt.tiArITidii7iduAIRI. No. 10173, otherwise 2. Information abouten individual whoor was performing service under
known as the Data PO cy-Alpf-2C1121.Sec.3(elhet d er .A. No. 10173]). contract for aAoVemment ,ipstitqtr4Katiel?tesito the services performed,
U1 lk kik including the 'terms of,tbeContract, ariaVe name of the individual given in the
Q: What is sensitive personalintaTationia 1. course of the performance of those services;
ANS: Sensitive personal information refers.kr personal information: 3. Information reldtiefg,,iciony discretionary benefit of a financial nature such as
1. About an individual's race, ethnic origin, marital status, age, color, and the granting of a license or permit given by the government to an individual,
religious, philosophical or political affiliations; including the name of the individual and the exact nature of the benefit;
2. About an individual's health, education, genetic or sexual life of a person, or to 4. Personal information processed for journalistic, artistic, literary, or research
any proceeding for any offense committed or alleged to have been committed purposes;
by such person, the disposal of such proceedings, or the sentence of any court 5. Information necessary in order to carry out the functions of public authority
in such proceedings; which includes the processing of personal data for the performance by the
3. Issued by government agencies peculiar to an individual which includes, but independent, central monetary authority and law enforcement and regulatory
not limited to, social security numbers, previous or current health records, agencies of their constitutionally and statutorily mandated functions;
licenses or its denials, suspension or revocation, and tax returns; and, 6. Information necessary for banks and other financial institutions under the
4. Specifically established by an executive order or an act of Congress to be kept jurisdiction of the independent, central monetary authority or Bangko Sentral
classified (R.A. No. 10173, Sec. 3(1)). ng Pilipinas to comply with Republic Act No. 9510, and Republic Act No. 9160,
as amended, otherwise known as the Anti-Money Laundering Act and other
Q: What is privileged information? applicable laws; and
ANS: Privileged information refers to any and all forms of data which under the Rules of 7. Personal information originally collected from residents of foreign jurisdictions
Court and other pertinent laws constitute privileged communication. in accordance with the laws of those foreign jurisdictions, including any
applicable data privacy laws, which is being processed in the Philippines (R.A.
No. 10173, Sec. 4).

178 179
Processing ofpersonal information Q: Are sensitive personal information and privileged information allowed to be
processed?
Q: Are personal information allowed to be processed? ANS: No. The processing of sensitive personal information and privileged information
ANS: The processing of personal information shall be allowed, subject to compliance shall be prohibited.
with the requirements of this Act and other laws allowing disclosure of information to the
public and adherence to the principles of transparency, legitimate purpose and
Exceptions:
proportionality (R.A. No. 10173, Sec. 11). 1. The data subject has given his or her consent, specific to the purpose prior to
the processing, or in the case of privileged information, all parties to the
Q: How should personal Information be processed?
exchange have given their consent prior to processing;
ANS: Personal information must be: 2. The processing of the same without the consent of the data subjects is
1. Collected for specified and legitimate purposes determined and declared provided for by existing laws and regulations which guarantee the protection of
before, or as soon as reasonably practicable after collection, and later
the sensitive personal information and the privileged information:
processed in a way compatible with such declared, specified and legitimate
3. The processing is necessary to protect the life and health of the data subject
purposes only;
or another person, and the data subject is not legally or physically able to
2. Processed fairly and lawfully; express his or her consent prior to the processing;
3. Accurate, relevant, and, where necessary for purposes for which it is to be 4. The processing is necessary„ achieve the lawful and noncommercial
used, the processing gfpersofiaTirdarnatkbe kept up to date; inaccurate or
objectives of public organizaji9rOand their associations and provided that:
incomplete data usi ta rect fie sli - le en ed, destroyed, or their further a. Such processing 4,istililixtrlined and related to the bona fide members
processing resiri -t
ses for which they are of these organizattip0a9rta.ir associations;
4. Adequate apliof
r note sifelr' relatlo
b. The sensitive per on'al*formation shall not be transferred to third
collected °pl., ed; _n_
parties; and /
5. Retaine ots•asilo g as nenessargrfOrl ,411fillDeinkof the purposes for c. That consenjRf the data %inject Was,c2KpirOprior to processing;
which ti e iWas obtain ori q- Tfestall shrrle9cise, or defense of
n oraSeproyqed by law; and, 5. The processinginecessary,forrpurposes of medical treatment, is carried out
legal c aims, for Idgitimaa bup rigss purpos,
by a medicalpractitioner orlagnipdical treatment institution, and an adequate
6. Kept a..for whicttpermits.iciktiftcatioz.of4ta sukjecisioE no longer than is level of protect persoPiltmation is ensur,diio‘
nece sa or the pwp9s.e_s F.419h the data werecollected and
6. The processihg concerns such 1personal information is necessary for the
proc sse frovideq, That'aersoormattn collec:ed for other purposes protectionpof lawifillttrjghts and iriterests of natural or legal persons in court
may li ifikesTiA, historatjgt 1 8 al or gieii.tifil 575,qes, and in cases
proceedings, .or the estabfrahm7t, exercise .or de ense‘of legal claims, or
laid clown IR la „..rtkax-be-stae-dor-lonFO:c§riodpipr.Avicled, further, that whargiivitadagover ment or Oblic aut or
adeqr s f@guaAve gualim egiP s
..-
4is athhonzi ' their processing 40401 3, Sec 13).
(R.A. o. 1013, Sr.(< '-- .6.. Q: Who is a personal iffloation controller?
"4
ANS: The personal informOon cpntrolle ensures the implementation of personal
Q: What are the iteria foQawl I ,F._Q ,cesSing
ili a erserial inforination?
information processing 10173, Sea,1
ANS: The processigg of persoliaklfaitattptils
r 1?jaelpermitt,,d only if not otherwise
prohibited by law, anokhe,T4t-las one-ott e fo wing c ndit'ons exists: %
Q: May personal information colltralle'r4.4sLi ColiffaVrthe processing of personal
1. The data subjeecha4Rei his or 4erkopg'T ts;11.1 information? Anx.tr
2. The processing oSpari sonal itiviati2.11711,9e'cessary and is related to the ANS: Yes. A personal inf9tri,a Ion controller may subcontract the processing of personal
fulfillment of a contracewithdata ubject or in order to take steps at the
information, provided that thefarsonal information controller shall be responsible for:
request of the data subject prior to entering into a contract; 1. Ensuring that proper safeguards are in place to ensure the confidentiality of
3. The processing is necessary for compliance with a legal obligation to which the personal information processed,
the personal information controller is subject; 2. Preventing its use for unauthorized purposes, and
4. The processing is necessary to protect vitally important interests of the data 3. Generally, comply with the requirements of this Act and other laws for
subject, including life and health; processing of personal information (R.A. No. 10173, Sec. 14).
.5. The processing is necessary in order to respond to national emergency, to
comply with the requirements of public order and safety, or to fulfill functions of
Q: May personal information controllers be called to testify on information
public authority which necessarily includes the processing of personal data for obtained in the course of their duties?
the fulfillment of its mandate; or ANS: No. Personal information controllers may invoke the principle of privileged
6. The processing is necessary for the purposes of the legitimate interests
communication over privileged information that they lawfully control or process. Subject
pursued by the personal information controller or by a third party or parties to
to existing laws and regulations, any evidence gathered on privileged information is
whom the data is disclosed, except where such interests are overridden by inadmissible (R.A. No. 10173, Sec. 15).
fundamental rights and freedoms of the data subject which require protection
under the Philippine Constitution (R.A. No. 10173, Sec. 12). Rights of data subject
Q: Who is a data subject?
ANS: A Data Subject refers to an individual whose personal information is processed
(R.A. No. 10173, Sec.3(c)).

180 181
Q: What are the rights of a Data Subject? 5. Suspend, withdraw, or order the blocking, removal, or destruction of his or her
ANS: The data subject is entitled to: personal information from the personal information controller's filing system
1. Be informed whether personal information pertaining to him or her shall be, are upon discovery and substantial proof that the personal information are
being or have been processed; incomplete, outdated, false, unlawfully obtained, used for unauthorized
2. Be furnished the following information before the entry of his or her personal purposes or are no longer necessary for the purposes for which they were
information into the processing system of the personal information controller, collected; and
or at the next practical opportunity: 6. Be indemnified for any damages sustained due to such inaccurate,
a. Description of the personal information to be entered into the system; incomplete, outdated, false, unlawfully obtained or unauthorized use of
b. Purposes for which they are being or are to be processed, except when personal information (R.A. No. 10173, Sec. 16).
i. The information is needed pursuant to a subpoena; 7. To obtain from the personal information controller a copy of data undergoing
ii. The collection and processing are for obvious purposes; processing in an electronic or structured format, which is commonly used and
iii. It is necessary for the performance of or in relation to a contract allows for further use by the data subject (R.A. No. 10173., Sec. 18).
or service;
iv. It is necessary or desirable in the context of an employer- Q: Are the rights of a Data Subject transmissible?
employee relationship between the collector and the data ANS: Yes. The lawful heirs and assigns of the data subject may invoke the rights of the
subject; data subject for, which he or she is an hator assignee at any time after the death of the
v. the ion is b collected and processed as a result of data subject or when the data subjapOncapacitated or incapable of exercising the
Ivaroblibtion. U IV .1 - rights as enumerated in the immediatelk4oceding section (R.A. No. 10173., Sec. 17).
c. Scope, nct79ttiof.thecersowLinforatiorkprocessing;
d. The rgepiepts or classes of recciiiecodkqost‘they are or may be Q: Is there a limitation to the rigiltkpf*Data Subject?
d' doge • ANS: Yes. The rights of a data siAbja'941f9)Irnopolapplicablajf the processed personal
,
e. 9t Nis" tili ed foroutopate,d7acceas, iftleprricl is allowed by the information are used only for,t1e'nee414,:OffiCiantikknOtatettical research and, on the
data JJbjectiand tharexterkt such acOss is authorized; basis of such, no activities carried out and no decisions agitaken regarding the data
f. The idligntity end contacOlgtails of the • ersorttleolTriation controller or subject, provided that ref)•ot: personal
. icilzmation shall be heLett.inder strict confidentiality
45,representative; and shall be used only,for,ty(e declared-purpose. I \ .
_,.......$- 11
9. 1-Theqqeriod fop( whiatplje lortnauon wi I be storied; apg .„4,-.
h. ~Td existence of theirgOhlio,Fitel, to access, cotrecii n, as well as the Likewise, the rightsitIO nottapplymhen personal informati9n is gathered or processed for
ngl4 to lodgecomplaiafb= ore the 09WissOn. the purpose ofonvestigations in relatiokto any criminal,, 7,7 :7 :
::itk i7i1,17. tax liabilities of
,,,,, ws,.,.)- r,
Note. /kiwi forna • rksupp - • or,..egc aral2n.) adpAo,rtli data subject on a data subjechttv ?,1' .,. .,„*4 . :, b.
these otters shallo karnan.o.4Ah f r nopficatiel of data subject: -''t",:'•.::;-':-4,0,°`
i'!xlif..',',.
Reasorkable access .e'rpo Ntlerriane 4)1 wing57 However, any lim,: itavtip'n..fov,nli, he rightsi'of thaldata subject Shall,onljr be to the minimum
4 6-7,
a. Oontents f his 'el- euna formatio,n4hat weye processed; extent necessary toechievelna purpose ,f said research or investigation (Implementing
b. Sovces fro whiftga p.fp_rpation'Ywere obtained; Rules and Regulations of the Privacyckpf-2012, Rule VIII, Sec. 37).
c. Naril s and dresses- ci IGTOAorthamrapfial information;
d. Monne kby s ch.datamerrp4eabdi,
e. Reasons'for:fr, isclos$ehfk4eisociaKnformation to recipients;
f. Information olikatitomated4ir6thesesouhere the data will or likely to be
made as the solel'arefCra'rriY decision significantly affecting or will
affect the data subject;
g. Date when his or her personal information concerning the data subject
were last accessed and modified; and
h. the designation, or name or identity and address of the personal
information controller;
4. Dispute the inaccuracy or error in the personal information and have the
personal information controller correct it immediately and accordingly, unless
the request is vexatious or otherwise unreasonable.

If the personal information has been corrected, the personal information

controller shall ensure
a. the accessibility of both the new and the retracted information and the
simultaneous receipt of the new and the retracted information by
recipients thereof
b. that the third parties who have previously received such processed
personal information shall he informed of its inaccuracy and its
rectification upon reasonable request of the data subject;

182 183
 CRIMINAL LAW
Eg(RPC4B
MARIA REGINA C. GAMENG A. GENERAL PR/NC/PLES
Subject Chair
Definition of Criminai Law
Q: What is criminal law?
ISMAEL S. MACAPAAR ANS: It is a branch or division of law which defines crimes, treats of their nature, and
Assistant Subject Chair provides for their punishment. (REYES, The Revised Penal Code, Book One, (2017), p.
1) [hereinafter REYES, Book One]. Penal laws are those acts of the Legislature, which
CEE JAY P. SABILE prohibit certain acts and establish penalties for their violations (Lacson v. Executive
Subject Electronic Data Processing Secretary, G.R. No. 128096, January 20,099).

Q: What is a crime?
_k3c;i';'. ,.
ANS: A crime is. an act committedwi3Oriiitte ld in violation of a public law forbidding or
SUBJECT HEADS commanding it (I Bouvier's Law Cidjibn$rY,T4?awle's Third Revision 729).

Q: Distinguish felonies from„offenseS.,

Criminal Law I EURIKA C. ROSARIO ANS: Crimes under the 13Ppare called Nonies although it 1,.7,4.ot wrong to call felonies
EMMALYN Z. ESCANILLA as offenses also. On the' other hand_ftes penalized by special laws are termed as
Criminal Law II JAYMOND JORGE H. MALABANAN offenses but they cannot Lie calledPinteNhangeably as ,felonies (BOADO, Compact
CHRISTINE MAE F. PINLAC Reviewer in CriminrW, wig p. 19) rereinafter, BOADO,fiCampact Reviewer].
AV+
Special Penal Laws CHERIE MARIE V. LADDARAN ,0"
Maio in se vs/malaprohieito

SUBJECT MEMBERS Q: What is mate itral

ANS: Ma/a evikinliitself') issaibringtfr an act thegiSIbtiereritlY immoral, such as
murder, arson, cVivie2431-4i's LawpictivAry, 9e Ed). These are crimes which are so
JESSU R. TRINIDAD KENNETH PAOLO M. LUGTU serious in their effects on society as to .1i for almost unanimous condemnation of its
MARIA ANDREA LOUISE T. BARBA QUENNIE IRIS V. BULATAO members itself (REYES). Bo4One, supra.61'5'
)4?
GENT-PEARL CRYSTAL Q. CAUILAN CAMILL1 ANNE E. DUTERTE
BERNICE JOYCE V. OLIVEROS HONEY ROSE B. SAMANIEGO Q: What is mala proh4ta7
JULIA MAE F. OLIVEROS RONALD A. FLORES ANS: Mala prohibita ("krpopibife'cr evil") is an act that is a crime merely because it is
prohibited by statute, althoWsthe act itself is not necessarily immoral (Id.).
ADVISER Q: Distinguish crimes which are mala in se from crimes which are mala prohibita.
ANS: Ma/a in se and male prohibita are distinguished as follows:
Atty. RYAN S. MERCADER
Male In Se • Male Piohibita
As to basis
The moral state of the offender. The voluntariness of the offender.
As to nature

Wrong from its very nature Wrong because it is prohibited by law.

185
 VOLI!,
1

hiLita • b. Warship Rule—a warship of another country even though docked in the
Malaln Se . • .,Mala
Philippines is considered as an extension of the territory of their
As to intent as an elerri,ent .••• respective country (United Nations Convention on the Law of the Sea,
Art. 27) (hereinafter UNCLOS].
Intent is an element. Criminal intent is immaterial 3. Laws of Preferential Application (RPC, Art. 2)
a. Persons who are exempt from arrest and imprisonment and whose
As to use of good faith as a defense properties are exempt from distraint, seizure, and attachment are the
following:
Good faith is a valid defense; unless Good faith is not a defense. i. Ambassadors and public ministers of any foreign state; and
the crime is the result of cu/pa. ii. Domestic servants of ambassadors and public ministers (R.A.
75, Sec. 4);
As to stages. of,executiiin b. The provisions on bigamy (RPC, Art. 349) shall not apply to persons
married under Muslim law (P.D. 1083, Art. 180).
There are three (3) stages: No stages of execution.
Note: Since Art. 180 of P.D. 1083, otherwise known as the Code of
attempted, frustrated, and
Muslim Personal Laws of the Philippines, provides that the penal laws
consummated. relative to the crime of bigamy "shall not apply to a person married . . .
under Muslim La,w,lkii:Ais not "immoral" by Muslim standards for
respondent Judg0011,1c.tikmarry a second time while his first marriage
V k exists (Sulu Islatil(0WalOtion of Masjid Lambayong v. Malik, A.M.
Modifying circumsta e are taker<=Not‘cop.V‘dered bec%ise the law intends to
into account in imposing th, eralty discouragottKcommission of the act No. MTJ-92-691(RabliitiOn), September 10, 1993).
,t
because the offentiel'SfOiorgi traitais especially prohlb°Led.
Territoriality
the basis of theic .W
>
r Q: What is territorialityprinciple? I
ii. t.,
Hence, greater perverity deserves ANS: As a rule, penakl,pws of the Pkhilippines are enforceptileonly within its territory
a higher pen9lity/h e REYES, Book One, (20,7-Ek. 13), -, 0 it II q,
depravity deser.Qs mitigatidtn. Vit.'...
4V
4, ., ,,_
II
Q: What constitutes the FthiliPpine&erritm?
,,A
.i.:f l',.
R k
(BOADO, Compac 41viewe supra at0 4z) ANS: The Phlippyiefiati9nal territory cornlgises the Philippine archipelago, with all the
r rAk islands and waters embraced therein anfAll other tefritotieejOgerrwhidh the Philippines
Applicability and effectivi has sovereigay% or jurisdiction, conskstingi,4 its terrestrial„iiNIA7-la
fl aer ial domains,
Generality including its territoaalls,aghe seabed, the subsoil, the insular shelves, and other
submarine areas. 'TA water" around, between, and connecting the islands of the
Q: Discuss the generality principle arrki ized exceptions.
t sffe archipelago, regardlesskof th4ir breadth ar:Odirlidfisions, form part of the internal waters
ANS: As a general rule, penvl allyho live or sojourn in the
of the Philippines (C0/477611rt. 9.,„ ,,,,,'~ ,,`:";-',—,77,4.%s
Philippine territory sUbject4d1 e rinciples.ofap b in er9ational law and to treaty Note: Under Art. 3 of tRUNCLO8rthe territorial ieg extends up to twelve (12) nautical
I
stipulations (CIVIL CODEMLt. 4). miles from the baseline*vithiniFich all penal laws apply. Further, the contiguous zone
The recognized exceptions arek„,,,,, extends from the limits Of4OArritorial sea up to twenty-four (24) nautical miles from the
1. Treaty Stipulations (RPC" , Artp-2) baseline within which the State has the power to prevent and punish infringement of
Example: RP—US Visiting Forces Agreement customs, immigration, fiscal and sanitary laws. (UNCLOS, Art. 33).
The Philippine authorities shall have jurisdiction over United States personnel
with respect to offenses committed within the Philippines and punishable Q: What is extra-territoriality principle?
under the law of the Philippines (Visiting Forces Agreement, Art. V). ANS: It means that the Philippines has jurisdiction over crimes committed outside its
2. Principles of Public International Law (CIVIL CODE, Art. 14) territory as provided in Art. 2, paragraphs 1 to 5 of the RPC, to wit (SCIPA):
a. Under Art. 31 of the Vienna Convention on Diplomatic Relations 1. Commission of an offense in a Philippine Ship or airship;
(hereinafter, VCDR], diplomatic agents, as enumerated under Art. 14 of 2. Forging or Counterfeiting any coin or currency note of the Philippines or
the VCDR, are exempted from the criminal jurisdiction of the receiving obligations and securities issued by the Government of the Philippines;
state due to the principle of par in parem non habet imperium (An equal 3. Introduction into the Philippines of the obligations and securities mentioned in
has no power over an equal). An action against the diplomatic agents the preceding number;
of another State would be tantamount to an action against the State 4. Public officers or employees who commit an offense in the exercise of their
they represent. functions; and
Note: Consuls, vice-consuls and other commercial representatives of 5. Commission of any of the crimes Against national security and the law of
foreign nations do not possess the status of, and cannot claim the nations, defined in Title One of Book Two of this Code (RPC, Art. 2).
privileges and immunities accorded to ambassadors and ministers
(Vienna Convention on Consular Relations, Art. 41); and

186 187
Q: What are the rules on crimes committed on ships or airships? Act ((Amendment to Art. 202 of Act No. 3815 (RPC) Re: Decriminalizing
ANS: The following rules shall be considered: Vagrancy, R.A. 10158, March 27, 2012)).
1. In crimes committed on Philippine ships or airships, the provisions of the RPC 3. By express provision of law
of the Philippines apply whether the said ship or airship is found in Philippine Note: Even if accused is a habitual delinquent, R.A. 10951 can still be given
waters or in the high seas as long as the ship or airship is registered under the retroactive effect because said law provides that for cases pending before the
Philippine laws; courts upon the effectivity of this Act where trial has already started, the courts
2. In crimes committed on private or merchant vessels found in Philippine hearing such cases shall not lose jurisdiction over the same by virtue of this
territorial waters, the English rule shall be applied; and Act (An Act Adjusting the Amount or the Value of Property and Damage on
3. In crimes committed on foreign warships, the nationality of the warship or Which a Penalty is Based, and the Fines Imposed under the RPC, R.A. 10951,
airship determines the applicable penal laws to the crimes committed therein Sec. 101, August 29, 2017).
as such ships or airships are considered to be an extension of the territory of
the country to which they belong (REYES, Book One, supra at 25-31). Q: What are the effects of repeal or amendment of a penal law?
ANS: The effects of repeal or amendment of penal laws are as follows:
Q: Discuss French rule and English rule. 1. If the new law makes the penalty lighter, it shall be applied to pending actions rt
ANS: There are two rules as to jurisdiction over crimes committed aboard merchant except if the offender is a habitual delinquent or when the new law is
vessels while in the territorial waters °lanai country, to wit: expressly made inapplicable to,rirding actions or existing causes of action;
1. French rule- Suct>cris are npt Via e inhe courts of the coastal state, 2. If the new law imposes 44 heavjpr i penalty, the law in force at the time of the
unless their co fission affecf0e f) ceianiN9yrity of the territory or the commission of the offensif011Apapplied; and
safety of the S ate is e da gerediftl: s ekipha s size the nationality of the ship 3. If the new law totally reRRals7'0‘existing law making the act not punishable,
(U.S. v.ei
Bu (0." 70, January 15, A o4n. \ the crime is obliterated @E;;YEkW.6ok One, supra at 15).
2. English r I c cri es-afetiMIttin.44coqrtz f t e coastal k
state, unless
they rn, kq. ct ingstotht the vessel ,6r4. tpe refer to the internal Q: What are the effects of thVibliteratiolf,OfthbearinIM,-1 rx
management/there if. ThaliEnglish Rule eni•hasizes territoriality (People v. ANS: The effects of the obiteeretion of tlieWime by rep I areas follows:
Wong Cheng fG.R. o. L-1892,4,aPctober 19, 922)\ ( 1. If the criminargase is still pildiqg in court, the case Spell be dismissed since
Note T P ilippin s as Freres the-Erigli'd rule ( v.-- ES, Book One, supra the court loseajurrsdiction4 tOl erY and decide it in view of the obliteration of the
at 29 ''r--,., Ili
‘..,z i• offense fromithe statute bks; oo ir!
2. When thelcase isaiready decidedby ‘ the courtind the accused is serving his BlIti
H Y+

Prospectivity sentence, he stiRII be released frpm detention for th,ame,reason; and

3. If trp:,.srihvgli cs-Svs, is not yet fileiiin courti,itipap-.no.donger-ibe filed since the
Q: What is th rirap , ecti T1),, act nblionger coll;tjtute ezvimer(/`,61.).
ANS: The gene A'rulA that\qii e,g areip ri(sMd ' pr the laws in orce at the time of .414P,-0'1
, ;. 0
their commissiorkRPC, V 36". YES, repirjU4upra at 4). No ex post facto law or •
Q: What are the effegteepaltial repealiZi
bill of attainder sh I be enacted • r, A'ft-11rSe"c. 22). ANS: The effects ofrOagial repeal are as folgtsi3O
ticifinfrafir5ts4unishment without trial (People
Note: A bill of attainder is a legit. t*Lie 1. If the repealing.150fienalizes .bnished by the repealed law, then
v. Ferrer, G.R. Nos.NZ26 aes221).2737,001,9,7t 2) h/other hand, an ex post
the court retains the autbotitSgtaiyliantligeA0a the accused under the old
facto law is one thatpunikae pct a a criTe4Kchytasinnocent at the time of its
law or the laRexistinttal the time of commission (U.S. v. Cuna, G.R. No.
commission (Fajardo v. Court,o Appeals, v .E1-N,4:18508, February 1, 1999). 4504, DecemkerNA908);
2. If the same act is4-tnidhed by both the repealing and the repealed law and the
Q: When can penal laws be applied retroactively? penalty provided by the new law is lighter, then the accused shall suffer the
ANS: The following are the exceptions to the prospectivity principle wherein penal laws penalty provided by the new law because a penal law may be given retroactive
can be applied retroactively: effect when it is favorable to the accused provided that he is not a habitual
1. When the new law is more favorable to the accused (RPC, Art. 22). delinquent and that the new law does not prohibit retroactivity (U.S. v.
Note: The Court imposed on petitioner the penalty of reclusion perpetua under Soliman, G.R. No.11555, January 6, 1917); and
R.A. 7659 rather than life imprisonment stating that R.A. 7659 could be given 3. If the new law makes the penalty more burdensome, the heavier penalty under
retroactive application, it being more favorable to the petitioner in view of its the new law cannot be imposed (AMURAO, Book One, supra at 16).
having a less strict punishment (People v. Morilla, G.R. No. 189833
(Resolution), February 5, 2014). Pro reo principle
Exceptions to the exception:
a. Where the new law is expressly made inapplicable to pending actions Q: What is pro reo principle?
or existing causes of action (REYES, Book One, supra at 15); and ANS: In dubio pro reo means "when in doubt, for the accused" (People v. Ong, G.R. No.
b. Where the offender is a habitual criminal (RPC, Art. 22). 175940, February 6, 2008). It is a doctrine under the RPC which refers to the
2. Decriminalization interpretation favorable to the accused where a law admits of several interpretations
Note: R.A. 10158 or an Act Decriminalizing Vagrancy states in Section 2 that (People v. Comadre, G.R. No. 153559, June 8, 2004).
all pending cases under the provisions of Art. 202 of the RPC on Vagrancy
prior to its amendment by this Act shall be dismissed upon effectivity of this

188 189
Q: What is the basis of pro reo principle? Aberratio fetus, error in_personae, and praeterintentionem
ANS: It is based on the constitutionally guaranteed right of the accused to be presumed Q: May a person be held liable for a crime other than that which he intended to
innocent until proven guilty beyond reasonable doubt (CONST., Art. III, Section 14 (2)). commit?
ANS: Yes. Criminal liability shall be incurred for a crime other than that which a person
Q: Is the principle of pro reo same with the Rule of Lenity? intended to commit in the following instances:
ANS: No. it is not the same with rule of lenity. The rule applies when the court is faced a. By any person committing a felony (delito) although the wrongful act done be
with two possible interpretations of a penal statute, one that is prejudicial to the accused different from that which he intended;
and another that is favorable to him. The rule calls for the adoption of an interpretation Note: The rationale lies in the Spanish principle "El que es causa de la causa
which is more lenient to the accused (Intestate Estate of Vda. de Carungcong v. People, es causa del mal causado"—He who is the cause of the cause is the cause of
G.R. No. 181409, February 11, 2010). the evil caused (People v. Ural, G.R. No. L-30801, March 27, 1974); or -`443411
b. By any person performing an act which would be an offense against
Q: What are the rules on construction of penal laws? persons or property, were it not for the inherent impossibility of its
ANS: In case of doubt and ambiguity in the language of penal laws, the following rules accomplishment or on account of the employment of inadequate or ineffectual
shall apply: means (RPC, Art.4).
1. In construing the Old Penal Code and the RPC, the Supreme Court had
accorded respect and persuasive not onclusive effect to the decisions of Q: What are the requisites for applyindr
Art. 4(1) of the RPC?
the Supreme Court offSpain interilreti7nd4wnstruing the 1850 Penal Code ANS: The requisites are the followine?4
of Span (PeoplvoscOe, &J as. .lio 4P7506Nyil 4, 2003). 1. The accused must be cohtiftlyg., 4f
„aelony;
ons rued,
2. Criminal stetuteqe, ito‘ie.strictly,consfrued
co age'1,\
,.., st the government and 2. The felony must be intelitiO4Mid,
liberally iniayol of>teoaccused (People votigelevAenpi G.R. Nos. 118937-38, 3. The felony committed by tlid*ClOed should be the proximate cause of the
April 24,41,998k6ifirglopple•trAFfp7(5'7R:Act.4'1420405, February 10, 1998). resulting injury (U.S. v. BrojaIG7filifirii.:0406.6per 25, 1909).
3. Courts snalotybrirlg caseawitt tkie provTiovfe,92,wkthat are not clearly i vte rL..“-Syln:-,"
,,,,,t''
embraced 1:::1,51 /No act can .be pro, °Aced criviinalitgless itis clearly made so Q: What is aberratio ictus what are iits implications? .1
by statute prior to its commission,..No person whojeFetclearly within the ANS: Aberratio ictus cariistake in thililiitl is committed wtrn an offender who intends
rev tatute an be broug1t within them (Causing, Commission on
termsio,, to injure a person, instepd4rAs anOthermhom he had no intention to injure, due to a
Elect ofi—s;G R. No. ' 99139;SelitOmliki9(20 4). mistake in the execytoli`ofitlje'attack (REYES, Book One/supra at 65). Pursuant to Art.
=1- 11, "i6 bat.
48 of the RPP,Itgrpenalrfoi-lhe cgravet offense shall be impo,sed in its maximum
-''--,----:-/ period. .1-‘ - '. ,r
B. FELONIES -
‘v 5% ,
-- ".;4$
‘try .r.a..
CriminalliabNasrallfelonies
Q: What is error in pers.ARR,e and+at q: its implicaCippli„
Grave vs. less ravel's. ht\3
f <\\
.elontes ANS: Error in p*ersopieigOts wheya crjrpe intended against a person is committed
Q: What are felonies? upon another becaag7e-the offender mistockithe latter's identity as that of the former. Art.
ANS: Felonies arets or og:i4e.siks-A0111,1* ,y0it RPC As to the manner of 49 of the RPC provides thief the penal*f.5gttfe intended crime is lesser than the
commission, felonies ay bp:Ossiffitentiprialekckiiiab e (RPC, Art. 3). penalty for the crime actually committedeif0;41:06,Nthe former shall be imposed in
its maximum period. bathe othe,pea,-Iflhe penalty for` the crime intended is greater
Q: What are the elements of as elony? than the penalty for theqirne actually committed, the latter penalty shall be imposed in
its maximum period (REYE:S1,7,BOok One, supra at 65).
ANS: The elements of felonies &e
1. There must be an act or omission (i.e., there must be external acts);
2. The act or omission must be punishable by the RPC; and Q: What is praeterintentionem and what are its implications?
3. The act is performed or the omission is incurred by means of dolo (malice) or ANS: Praeter intentionem means unintentional and is committed when an injury
culpa (fault) (People v. Gonzales, G.R. No. 80762, March 19, 1990). resulting from an act is greater than the injury intended to be caused by the offender
(REYES, Book One, supra at 65). It is considered as a mitigating circumstance under
Q: How are felonies categorized according to gravity or penalty prescribed? Art. 13(3) of the RPC.
ANS: As to gravity or penalty prescribed, felonies are classified as follows:
1. Grave Felonies—those which the law attaches the capital punishment or Q: What is mistake of fact?
penalties which in any of their periods are afflictive under Art. 25, RPC; ANS: Mistake of fact is a misapprehension of fact on the part of the person who caused
Less Grave Felonies—those which the law punishes with penalties which in the injury to another (REYES, Book One, supra at 44).
2.
their maximum period are correctional under Art. 25, RPC; and
Light Felonies—those infractions of law for which the penalty of arresto menor Q: What are the requisites of mistake of fact as a defense?
3
or a fine not exceeding forty thousand (P40,000) pesos or both is prescribed ANS: The requisites are:
(RPC, Art. 9, as amended by R.A. 10951, Sec. 1). 1. The act done would have been lawful had the facts been as the accused
believed them to be;
2. The intention of the accused in performing the act should be lawful; and
3. The mistake must be without fault or carelessness on the part of the accused
(U.S. v. Ah Chong, supra).

190 191
Impossible crime of execution which should produce the felony by reason of some cause or
accident other than this own spontaneous desistance.
Q: What is an impossible crime?
2. Frustrated Felony-a felony is frustrated when the offender performs all the
ANS: It is one where the acts performed would have been a crime against persons or
property but which is not accomplished because of its inherent impossibility or because acts of execution which would produce the felony as a consequence but
of the employment of inadequate or ineffectual means (BOADO, Notes and Cases on which, nevertheless, did not produce it by reason of causes independent of the
the Revised Penal Code, Books 1 and 2 and Special Penal Laws, (2018), p. 63) will of the perpetrator and;
[hereinafter BOADO, Notes and Cases on the RPC]. 3. Consummated Felony - A felony is consummated when all the elements
necessary for its execution and accomplishment are present (RPC, Art. 6).
Q: What are the elements of an impossible crime under Art. 4(2) of the RPC? Note: Crimes which have three stages of execution are called material crimes.
ANS: The elements of an impossible crime are (PEIN): (REYES, Book One, supra at 120).
1. That the act performed would be an offense against Persons or property;
2. That the act was done with criminal or Evil intent; Q: What are formal crimes?
3. That the accomplishment of the felony intended is Inherently impossible, or ANS: Formal crimes such as slander, perjury, false testimony, and illegal possession of
that the means employed is either inadequate or ineffectual for such purpose; picklock are those which are consummated in one instant or by performance of a single
and; act of execution. They have no attempted or frustrated stage. (CAMPANILLA, Criminal
4. That the act performed ould`NVonstitg4.! violation of another provision of Law Reviewer, Volume I, (2018) p.67) [hereinafter, CAMPANILLA, Reviewer].
the RPC (REYES ok One, sloe 1 2).
Q: What are material crimes? t
iN
Q: What are the kind offli VbiliffenliatIn e akrim n impossible crime? ANS: These are crimes which iny,b%thOhree stages of execution, e.g. murder and
ANS: The impossibljiti s 0 c .eth er: homicide (REYES, Book One, supra 4t'71 491 .0.
here th.).ntentle'd completed would not 7 -115 P:01,74
1. Legal I 13,es_s 1
Q: What are felonies by omisiion?
•
amount o' e; o
2. Physi9al Im 4,ossib lity- Whe
p X
16-rtraileous circurpqapp unknown to the ANS: These are crimesOhere there Cant)e no attempted st-§ge because the offender
, - s mmalonkf tt;e intended crime does not execute acts%fg. misprisiorMifeason (id at 120). P
actor far-tsy nd hi oat°
Into yeS4 rt of A eals,,,,B. kb. y,t 9, c o er 0;4992).
Q: Distinguish internal actgifrom external acts.
k-rir_ ANS: Internal acts are mere ideas inattle Rd of a person that are lot punishable even
Q: What is th commissiewf an implo,ss4ble cliTrili
ANS: The penelty ayor-or ine-rangin 'fit` 20 to 50f0 pesos shall be if, had they betn.,prrierfo.$ they would constitute a crime. MRre intention producing no
imposed upon pk,Et°
' n impasi at -c_jpe 59 54 effect is no rnpre werirnejth9n atirn_%e efreAt withotit,Fate707971Vecrime. External
. acts on the other hanp .i.a,makle phygIcal oflensibly perEePtillggfa'bf a human action.
Q: What is the urpose ef thalla *Runislii njmpopible crpne? In the context ofRprirnislarter, external acts cover preparatory acts and overt acts.
ANS: The purpos is'to sl•pre n i7 ,..6, or mina' endencies. (REYES,
rn___Vo (REYES, Book OneZerpra A96-97)
Book One, supra a ez N dA4
Q: What are preparatory acts?
Q: What is the effect o cemiliigg anissiple
meo irk.,? ANS: Preparatory acts:. are extWel acts which do not necessarily disclose criminal
ANS: Objectively, the offelite has not 551010 ekiny, but subjectively, he is a intent (e.g. a person bodRht a":41.son from a drugstore). Preparatory acts are ordinarily
criminal (Id.). not punishable, such as pra.cdal and conspiracy to commit a felony, unless otherwise
provided by law. But preparatory acts which are considered in themselves, by law, as
Q: Can there be an attempted or frustrated impossible crime? (2012 Bar) independent crimes are punishable (REYES, Book One, supra at 98).
ANS: No. In an impossible crime, the person intending to commit an offense has already
performed the acts for the execution of the same, but nevertheless the crime is not Q: What is an overt act?
produced by reason of the fact that the act intended is, by its nature, one of impossible ANS: An overt act is some physical activity or deed which indicate the intention to
accomplishment or because the means employed by such person are essentially commit a particular crime, being more than mere planning or preparation, which if
inadequate or ineffectual to produce the result desired by him. Therefore, since the carried out to its natural course, without being frustrated by external obstacles nor by the
offender in impossible crime has already performed the acts for the execution of the voluntary desistance of the perpetrator, will logically and necessarily ripen into a
same, there could be no attempted impossible crime. There is also no frustrated concrete offense (REYES, Book One, supra at 99).
impossible crime because the acts performed by the offender are considered as
constituting a consummated offense (REYES, Book One, supra at 123). Q: When is the commission of a felony deemed commenced directly by overt
acts?
Stages of execution ANS: It is when the following requisites are present:
1. That there be external acts; and
Q: What are the stages of execution of a felony? 2. Such external acts have direct connection with the crime intended to be
ANS: There are three stages of execution: attempted, frustrated, consummated. committed (REYES, Book One, supra at 98).
1. Attempted Felony - there is an attempt when the offender commences the
commission of a felony directly by overt acts and does not perform all the acts

192 193
Q: In the middle of the night, the accused climbed on top of a naked female and Q: How must the term "continuing" be construed?
was charged with attempted rape. Is he criminally liable for said charge? ANS: The term "continuing" must be understood in the sense similar to that of
ANS: The intent of the offender to lie with the female defines the distinction between "transitory" and is only intended as a factor in determining the proper venue or
attempted rape and acts of lasciviousness. The felony of attempted rape requires such jurisdiction, for that matter, of the criminal action pursuant to Section 15, Rule 110 of the
intent; the felony of acts of lasciviousness does not. Only the direct overt acts of the Rules of Court. This is so, because a person charged with a transitory offense may be
offender establish the intent to lie with the female. However, merely climbing on top of a tried in any jurisdiction where the offense is partly committed. In transitory or
naked female does not constitute attempted rape without proof of his erectile penis continuing offense, some acts material and essential to the crime and requisite to its
being in a position to penetrate the female's vagina (Cruz v. People, G.R. No. 166441, consummation occur in one province and some in another, the court of either province
October 8, 2014). has jurisdiction to try the case, it being understood that the first court taking cognizance
of the case will exclude the other (Gamboa v. Court of Appeals, G.R. No. L-41054,
Q: What are examples of felonies that cannot be frustrated? November 28, 1975).
ANS: The following are examples of felonies which, by their definition and elements, are
immediately consummated upon the performance of all the acts of execution necessary Q: What are the rules on venue governing the prosecution of continuing crimes?
to bring the desired result. ANS: Rule 110, Sec. 15 of the Rules on Criminal Procedure provides that:
1. Rape: The basic element of rape is carnal knowledge or sexual intercourse,
not ejaculation. As such,..,prnere.touchjpzof the external genitalia by the penis Where committed • Where to file • "
capable of consummating thef sexual ytbalzady constitutes consummated !
rape (People v..,I3 ion&.R. k9J16§63 , pccobe,09, 2011). Multiple localities Subject to existing laws, the criminal action
Note: Rape in its us,Stpcl.stAge.-is-avpliysical imepssktlity, considering that the :shall be instituted and tried in the court of
one of theAry isiT9s)ffrustrated felorNsitha!Ahftffender has performed i,tthe
iv municipality or territory where the
all the ds o xecy,pon•-whiETWO-uld..priElt.y the Afilony. Obviously, the ense,was committed or where any of its
offende at _pirNhis qurpostirorrph n omer heyhos'I'arrial knowledge of his essen taqncredrents occurred;
victim, eclUV fro r that moment gINthe evential(elemeInts of the offense 7
have peen a/comp fished, leayingTothing more to efine by him (Cruz v. Inside a train, aircrafttkor other public'-..; ..The criminal action shall be instituted and
People,›R No. 166-4-4-170ctober
,,___ , ,1 8,,,,.
20f
. r-.'
or private vehicle in'th,e„ course of, tried in the col./rt ofk any municipality or
,,, ...-., . • -,,
2. Adultery:-Adultery is att,a0tarieb.(fs crime whicp is 9nsummated and trip •:,-.. ..44tair
_, - erritory where such train, aircraft, or other
exhatis1049r coripp eted tlAkk$1'.9:401Ont ofike carnbl-utuon. Each sexual .d, ..1.-- iVehicle passed/dug/1g its trip, including the
inter&bitei qontje a crimpf_adpItery (Pe!: v. Zapata, G.R. No. L-3047, „. - glace of its deharttg e and arrival.
May ‘6 -1i9
,; ...A ,.,,, a
ff I •.:4,,. ..,,,..,a, ...,-., v.,, :VI f.,,,f.:', ,•'• •,-,
3 IndireOaribery: 0 ,or ipid 40'01! , efts yffere 'too the public officer On board a Vessel in the course oftlts )The criminal4actionZ:shaPbe instituted and
by reason °MIA &fie Vci(s.. egoe riots el e does not commit the crime. If ,.,....iii -.5.• - ;,A : r, .
voyage '",r,' ' ,i' tned in the coueoMarst port of entry or
he accepts, :it igeisnme • ialejZzpur ted(RPG, Art. 21'1); (BOADO, Notes ., ;,,„.
., 'of any municipality or territory where the
and Cases on theRkfC, serAra t;59 tf ?) ,;
wesselzpassed
4.14,,i. during such voyage, subject
4. Corruption of Pu131?6,0ffic-ersafi -o.. Jose require he concurrence of the , •t.
, • ,s,<Aeperally accepted principles of
will of both pa4ies,%ch,av4hat=when tleloyf rj accepted, the offense is .., -;:` international law.-
consummated. lEItiTvhen'Ahe offerirspjgeteM eoffense is merely attempted :
(RPC, Art. 212); (BOADVotes\hhd Cagesoon the RPC, supra at 604). (RULES OF COURT, Rtile410;,,,Sec. 15)
5. Physical Injury: It canrx -tie—frligtThted because the felony cannot be
determined as slight, less serious, or serious unless and until it is
Q: May multiple penalties be imposed for continuing crimes?
consummated (BOADO, Notes and Cases on the RPC supra at 693). ANS: No. Since a continuing crime constitutes only of a single crime, one penalty shall
6. Theft: Unlawful taking immediately consummates the offense and the be imposed on the perpetrator (REYES, Book One, supra at 700-701).
disposition of the thing is not an element thereof. (Valenzuela v. People, G.R.
No. 160188, June 21, 2007). It need not be capable of "asportation," which is Q: Will a single criminal impulse in the commission of a series of crimes
defined as "carrying away." Jurisprudence is settled that to "take" under the automatically render the accused liable for a continuing crime and therefore be
theft provision of the penal code does not require asportation or carrying away punished by a single penalty?
(Medina v. People, G.R. No. 182648, June 17, 2015). ANS: No. When the series of acts constitute crimes that are entirely different and
distinct from each other, the perpetrator of such acts shall be punished for the separate
Continuing crimes crimes (REYES, Book One, supra at 705).
Q: What is a continuing crime?
ANS: A continuing crime envisages a single crime committed through a series of acts Q: When is there a continuous or continued crime (delito continuado)?
arising from one criminal intent or resolution (Maximo v. Villapando, Jr., G.R. Nos. ANS: For delito continuado to exist, there should be: (PUC)
214925 & 214965, April 26, 2017). 1. Plurality of acts performed during a period of time,
2. Unity of penal provision violated, and
3. Unity of Criminal intent or purpose.

194 195
Note: This means that two or more violations of the same penal provisions are united in a. Two (2) or more grave felonies;
one and the same intent or resolution leading to the perpetration of the same criminal b. One (1) or more grave and one (1) or more less grave felonies; or
purpose or aim (Santiago v. Garchitorena, G.R. No. 109266, December 2, 1993). c. Two (2) or more less grave felonies (Id.).

Q: Give examples of delft() continuado. Q: What are the requisites to produce a complex crime proper?
ANS: The following are continuous crimes: ANS: There is a complex crime when:
1. The theft of thirteen (13) cows belonging to two different owners committed by 1. At least two (2) offenses are committed;
the accused at the same time and in the same place (People v. Tumlos, G.R. 2. One or some of the offenses committed are necessary to commit the other/s;
No. L-46428, April 13, 1939); and
2. The taking of six roosters from coop is a single offense of theft. The 3. Both or all of the offenses must be punishable under the RPC (REYES, Book
assumption is that the accused were animated by single criminal impulse. One, supra at 681).
(People v. Jaranilla, G.R. No. L-28547, February 22, 1974);
3. The three penetrations occurred during one continuing act of rape in which the Q: What are the general rules in penalizing complex crimes?
appellant was obviously motivated by a single criminal intent. There is no ANS: The general rules are:
indication that the appellant decided to commit those separate and distinct 1. The penalty for complex crime is the penalty for the most serious crime, which
acts of sexual assault ott 2aWbanait .„ztful desire to change positions inside constitute the complex crime, the same to be applied in its maximum period
the room where theotrime vag cocrtted (People v. Aaron, G.R. Nos. (RPC, Art. 48);
136300-02, Septerger'24, 2004:) 2. The different crimes resdltili',fp ,Afonth e single act are punished with the same
4. Accused ancylisfrvganllgs.intenderltripb one place. In the process, penalty, the penalty for any_ sem shall be imposed, the same to be
also took iyvay b fotpethe money and 7a11:ilesofTh‘employees
, working in applied in the maximum tt(REYE, Book One, supra at 691);
said gas line floriSlearlyrifffs -Fdirengt,!esaci5siances are the series 3. When two (2) felonies Utll tg 5Ftwzmplexgcjime are punishable by
of acts re porne irpm he nmina resolytio ('eople v. De Leon, imprisonment and finetre0ag ' 1 --pe_n_ ity of imprisonment should
G.R. 3, Julie 26,1200 be imposed (REY,E§rBook dge ,FuY;p (37t61913.
Reason: Finel: not included„,49i;es list of penaltiesi ,, 4 ti,e order of severity, and
Q: Distinguis contin a o trom.a comRex cnine. it is the last 'kite graduate)SES , in Art. 71 of the Ire; and
ANS: A contiquing-ic ime is siltrOji 6 cOsiging ,of a series arising from a 4. When a co_mplex drimesis charged andone offense is not proven, the accused
single icriminag re of tion or ntentior IlSc#iible of division.t-(Ge , boa v. Court of can b9,,porriVicted "6
1 Kfte,other (People v. Maribu g, G.R. No. L-47500, April 29,
Appeals, sup rkit e t and, in orri`p ex crimeg,:,, e offender either performs a 1987)e
single act whit FoAftute ve felonieg compound crime)
or commits an • ffenge whit
\.f
om Ming e other (complex
Cl
iV
-, -V ‘73".I'*i' ' * ......K,z214,00„
. :.,,FE.w..-
Q: What are instances When there)is
,-,,,,,,,:•.: 0a...,i
plurality
plurality of crimesibut theOles on complex
crime proper) (RPC, Art. 48). crimes in Art 48,„RPC'9nytot be applied
ANS: Art. 48, RPCIrp-egnoV,Ipply ti)e foll*ng cases:
Complex crimes and composite rAes EN,AAN. 1. In case oedolltinuou,4 crimes (BRApp,,iCompact Reviewer, supra at 142);
Z In case of sp4ialf,COInplex crimA0*.iiiiSosite primes ad.);
Q: When is there pi&li Times
lard' when the actor commits 3. In case of cu *le felopleRlai-V4AY,PgiterG.R. No. 172716, November
ANS: There is pluralitN oritsjor "concur
various delictual acts of thet (Gamboa v. Court of Appeals, 17, 2010); ty A(
i. 4. In case of rearifiqrslitres (Gamboa V. Court of Appeals, supra);
supra).
5. When one offen'S`e4roOmmitted merely to conceal the other;
6. When one crime is an indispensable part or an element of the other offense;
Q: What are the kinds of plurality of crimes?
7. Where one of the offenses is penalized by a special law; and
ANS: Plurality of crimes may refer to: 8. When the law provides for a two-tiered penalty for the offense, e.g. usurpation
1. Ideal plurality or concurso ideal occurs when a single act gives rise to various of property (Art. 312), malicious procurement of a search warrant (Art 129),
infractions of law. This is illustrated by Art. 48 of the RPC which describes two
bribery (Art. 210, par. (1)), maltreatment of prisoners (Art. 235), abandoning a
forms of ideal plurality which it refers to collectively as "complex crimes" minor (Art. 276).
a. Compound Crime or delito compuesto exists when a single act
constitutes two or more grave or less grave felonies; and Q: What are special complex crimes?
b. Complex Crime Proper or delito complejo exists when the offense ANS: Special complex crimes or composite crimes are those which are treated as single
committed is a necessary means for committing another offense.
indivisible offenses although comprising two specific crimes and with one specific
2. Real plurality or concurso real, on the other hand, arises when the accused penalty. The characteristics of special complex crimes are:
performs an act or different acts with distinct purposes and resulting in 1. It offends against only one provision of law, whether of the RPC or of special
different crimes which are juridically independent (Id.). penal laws;
2. It penalizes two specific crimes and imposes one specific penalty;
Q: What are the requisites to produce a compound crime? 3. It absorbs all other crimes committed in the course of the commission of the
ANS: There is a compound crime when: crimes (BOADO, Compact Reviewer, supra at 143).
1. Only a single act is performed by the offender; and
2. The single act produces:
196 197
Q: What are examples of special complex crimes? that have resulted thus from the same act. Art. 365 punishes the culpable imprudence or
ANS: Examples of special complex crimes are: negligence behind the act which may produce several consequences and prescribes
1. Art. 294 on robbery with homicide, robbery with rape, robbery with mutilation, penalties determined by the extent of injuries caused by that culpability. Oyler v. San
robbery with serious physical injuries; Pedro, supra).
2. Art. 320 on arson with homicide; Note: Where the law punishes "Reckless Imprudence resulting to Homicide," it does not
3. Art. 267 on kidnapping with homicide, kidnapping with rape, kidnapping with contemplate two separate felonies with a single punishable intent which call for the
serious physical injuries; and application of Art. 48. The law punishes only the "reckless imprudence" such that the
4. Art. 266-B on rape with homicide (BOADO, Notes and Cases on the RPC, resultant "homicide" is material merely as to the calibration of the imposable penalty. Art.
supra at 267). 365 is wholly incompatible with Art. 48 Oyler v. San Pedro, supra).

Q: Distinguish complex crimes from special complex crimes. Circumstances affecting criminal liability
ANS: The following are their distinctions: Justifying circumstances
•. •
Complex Crimes Special Complex Crimes Q: What are justifying circumstances?
ANS: These are circumstances attendant to the commission of the alleged offense
As to composition which by their presence negates the unlawfulness of the acts so committed, so that
. .0...' such person is deemed not to have transgressed the law and is free from both criminal
The combination is not specified but itt Illikombination of the offenses is fixed and civil liability, except in the case 4frpar1,4 of Art. 11 of the RPC(REYES, Book One,
is expressed in generapc s, Palls, supra at 150). „1"
grave and/or less graCe;bEo e- Note: As a general rule, there ik:n'Otl&erAiminal nor civil liability on the part of the
offense being theoFfecte sa ,, eans person acting with justifying circurr(stapee*lausp the law deems such acts are lawful.
to commit the o,ttt The accused is not a criminal,becaude-1.tiereirri&crime'cOrnmitted. There being no
crime, there can be no civil, liability arising ttom crimeJRPV-V. 100).
As to penalty :
,
Q: What are the justifying,pircumstancet under Art. 11 of RPC?
The penalty is 2r, g most serious llfThp,penalty for the\specIfied combination
.
191
ANS: There are six justifying circumstances; to wit:
offense in the Maximum perkod. III Il~of is specified. 1. Self-defense . • ,
1 8
2. DefepseVf Relatived; •
As to crimes charged •
3. Def0009;.of Strangers;
/1/44
If there•is mor
Afn\a \‘th 4. Av4ance,of'Gyeater Evil or Injuty.;
t aone c nt:) j fit>one 5timpdtite crime to be
chatge0e.- en if there isore than one 5. Fulfillrhent ofButyiir Lawful ExecFise of Right
component cri e forrrfing palpf• hei,'-
"k‘,..,,,, co0"1„'.8tthe copfponentArime such as 6. Obediencp,tp,an-Orger issued fptiome Lawful Purpose (RPC, Art. 11).
complex crime, the fireNhall
Note: Battered Wor4n Syndrome under R.A. 9262 is also a justifying circumstance.
complexed whilke othatc.eu ts,Sr,„ ey1_,apesior several homicides
may be treated ass'sqarate.crilt Necorrite4ing,the kidnapping. Q: What is the effect Cifonliijuryor daniageTcatised;4.a person acting with any of
n
As to absorption the justifying circumstances?;
ANS: As a general rug there'l IS' neither criminal nor civil liability on the part of the
40-4"" person acting with justifyillOirAimstances because the law deems such acts are lawful.
If a light felony accompanies the —1f.a.4ighnelony accompanied the
commission of the complex crime, the commission of the composite offense, The accused is not a criminal because there is no crime committed. There being no
light felony may be subject to such light felony is absorbed. crime, there can be no civil liability arising from crime (RPC, Art. 100).
separate information.
Q: Distinguish imputability from responsibility.
As to governing law •••';'•• ANS: Imputability is the quality by which an act may be ascribed to a person as the one
• ,I '.•
who did it freely and consciously. Responsibility, on the other hand, is the obligation of
Penalized by two provisions of law in Penalized in a single provision. taking the penal and civil consequences of crime. Where there are justifying
relation to Art. 48. circumstances, the acts imputed to the accused do not produce any criminal
responsibility, although may produce civil responsibility to indemnify for damages
(REYES, Book One, supra at 149).
(BOADO, Notes and Cases on the RPC, supra at 267-268).
Self-defense
Q: Can crimes committed through negligence be considered complex crimes if
the negligent act also caused other crimes? Q: What are the requirements for the justifying circumstance of self-defense?
ANS: No. Culpable felonies defined and punished under Art. 365 are substantially ANS: The following requisites must be present: (URL)
distinct and cannot form part of a complex crime as defined under Art. 48. Art. 48 is a 1. Unlawful aggression;
procedural provision that governs how to penalize an ideal plurality of offenses Art. 365 Note: Unlawful aggression must be a continuing circumstance or must have
however is a substantive provision which defines a whole separate class of offenses been existing at the time the defense is made (Gotis v. People, G.R. No.
where the law punishes (1) the mental element behind the act, and (2) all the injuries 157201, September 14, 2007).

198 199
 2. Reasonable necessity of the means employed to prevent or repel the unlawful Q: When is there lack of sufficient provocation?
aggression (if by a peace officer, reasonable necessity of the means employed ANS: There is lack of sufficient provocation:
to overcome opponent); and 1. When no provocation at all was given to the aggressor by the person
3. Lack of sufficient provocation on the part of the person defending himself defending himself;
(RPC, Art. 11(1)). 2. When, even if a provocation was given, it was not sufficient;
3. When, even if the provocation was sufficient, it was not given by the person
Q: What is unlawful aggression? defending himself; or
ANS: Unlawful aggression is equivalent to assault or at least threatened assault of an 4. When, even if a provocation was given by the person defending himself, it was
immediate and imminent kind (People v. Alconga, G.R. No. L-162, April 30, 1947). not proximate and immediate to the act of aggression (REYES, Book One,
There is unlawful aggression when: (PAR) supra at 192).
1. The Peril to one's life, limb, or right is either actual or imminent;
2. There must be Actual physical force or actual use of weapon (People v. Q: What rights are the subjects of self-defense?
Crisostomo, G.R. No. L-38180, October 23, 1981); ANS: Self-defense includes primarily the defense of one's right to life and security. It
3. The aggression must be Real and not just imaginary (People v. Amante, G.R. also includes the right to self-help with regard to the defense of one's right to peacefully
No. 148724, October 15, 2002) possess property (CIVIL CODE, Art. 429), and the right to protect one's honor and
Note: When unlawful aggression wl- igNaasleuraceases or is interrupted, because the dignity which is not the least prized of man's patrimony (REYES, Book One, supra at
aggressor ran away, the one,laiming •to rvakf ral3fense has no more right to kill or 153). A.0,7
even to wound the formerAestk(Pepip v Volgaru ra). Note: The doctrine of self-help allvq.tii,ta owner or lawful possessor of a thing to
....„,.„„....---.....„,,, . ",,,. exclude any person from the enjoygerite.aljdflisposal thereof. For this purpose, he may
Q: Cite several instanceNhi ere unlawful s o ceaaes use such force as may be reasonably to repel or prevent an actual or
r 4.. r• ,
ANS: Unlawful ag essto s ceased'.= <1,̀. ' threatened unlawful physical invasion.4:tiSurpAtio)),of his eroperty (CIVIL CODE, Art
1. When t41 ggres,Aor a's rciired atrl rat,-.1plapp, the accused no 429).
longha on to Ilabbred Kim as ' ma of defense" (People v.
Genoa, G.R 5981, Jary.*A15, 2004); Defense of relative
2. Wheg -u dent amoun ofTh ie 1 in ervenes
,--, betweetIlle alleged unlawful
Q: What are the requ'i'rements for tfje justifying circumstance of defense of
aggristory .nd the esetlin,;of L cactusedihe acts no.lp ger self-defense
but r tlEttf.4o't (Peo e v. Ded nawl o. 1 7874, A gusti4 1994).
relative?
OC,
ANS: The folloxing elements must concuriWRN) (URN)
/1,C
IZDI 1. UnlpVyl?aggrfs'sjon;
Q: What is thkdifferppce ten rep lizygefenaW uv
2. Reasonable-necessityatta means emplo editqra&apt,o .1:*.el it, and
ANS: In retalia ibii, -fhb agg 1)0 thaAw inkfiredt)'3rty already ceased
3. In case ,the provocation waspiveniby the persoit.'atiackeethe one making the
to exist when iik accts \ed lc Id -hir9. sin./s9 1:19Tense"
ense, the - ggression was still
defense‘tiadNritidrt therein' (RP, Art. 11(2)).
existing when th aggress or w s rn,j l'adz.,,dis e by t g perso making a defense.
Note: A father coming to theAderense of ts son, who was provoked by the aggressor
(REYES, Book On supra 16 -1,6tIENA-V.s.
causing him to attack the f9smer, is not ligri5iptt;': itTilpct that the relative defended gave
lc\ . >"t- sufficient provocation /101frimata4al,,,Plfatkatiecessarygor the appreciation of the
Q: Will a slap on thelas,e,cDstiltIttmen.unla ul-g4grassi,dn?
justifying circumstanceps, that thOefender did not in any way participate in or induce
ANS: Yes. A slap on the fack‘rhgn doriviiit 6 'iter,tiptY's'an unlawful aggression. The
the provocation of the aggressor (REYES, Book One, supra at Page 206).
lappinUk t i
face personifies one's dignity and.L e e to be a serious personal affront.
It is a physical assault coupled witrano!! disregard of the dignity of the person
Q: Who are the relatives that can be defended under Art. 11(2) of the RPC?
slapped (Ford v. Court of Appeals, G.R. Nos. 51171-72, 51273, June 4, 1990). ANS: Relatives of the accused for purpose of defense of relative are his:
1. Spouse;
Q: What is the test of reasonable necessity of the means used to repel unlawful 2. Ascendants;
aggression? 3. Descendants;
ANS: Whether or not the means employed is reasonable and necessary will depend 4. Legitimate, natural or adopted brothers or sisters or of his relatives by affinity
upon the nature and quality of the weapon used by the aggressor, his physical in the same degree; and
condition, character, size and other circumstances, and those of the person defending 5. Relatives by consanguinity within the fourth civil degree (RPC, Art. 11(2)).
himself, and also the place and occasion of the assault (REYES, Book One, supra at
187-191). Defense of stranger
When the accused is suddenly attacked in his sleep, in complete darkness, and in his
paramount fear, he struck wildly and blindly at his assailant who turned out to be his wife Q: What are the requirements for the justifying circumstance of defense of
who died of 15 wounds. His frenzy was justified by the circumstance (People v. Agripa, stranger?
G.R. No. 72244, May 8, 1992). ANS: The following elements must concur: (URI)
However, when the accused uses a shotgun to allegedly drive off unarmed persons 1. Unlawful aggression;
aggressively trespassing in and causing damage to his property, the means taken was 2. Reasonable necessity of the means employed to prevent or repel it; and
neither reasonable nor necessary (People v. Narvaez, G.R. No. L-33466-67, April 20, 3. The person defending was not Induced by revenge, resentment, or other evil
1983). motive (RPC, Art. 11(3)).

200 201
Q: Who are "strangers"? 5. Uncontrollable fear; and
ANS: Any person not included in the enumeration of relatives mentioned in paragraph 2 6. Insuperable causes (RPC, Art. 12).
of Art. 11 (REYES, Book One, supra at 208). Note: If these are attendant, there is a crime but no criminal. (REYES, Book One, supra
at 225). It follows that since a crime has still been committed, there is civil liability (RPC,
Avoidance of greater ein7 or injury Art. 100). However, as civil liability arising from crimes attended by exempting
circumstances shall, as a general rule, be borne by persons other than the person so
Q: What are the requirements for the justifying circumstance of avoidance of
exempted from criminal liability (RPC, Art. 101).
greater evil or injury?
ANS: The following elements must concur: (EIP) Q: Distinguish justifying circumstances from exempting circumstances.
1. That the Evil sought to be avoided actually exists; ANS: The distinctions are the following:
2. That the Injury feared be greater than that done to avoid it; and
3. There be no other Practical and less harmful means of preventing it (RPC, Art. Justifying Circumstances Exempting Circumstances
11(4)).
Note: While this justifying circumstance prevents the attachment of criminal liability, civil As to effect on actor •
liability may still arise even when the defense is successfully claimed. In these cases,
the civil liability does not arise from crime but arises from law (CIVIL CODE, Art. 1157). It affects the act not the actor. It affects the actor not the act.
Art. 101 of the RPC providestatathqetforroLeose benefit the harm has been
ta t e •enefit which they may have • As to basis
prevented shall be civilly 'ablg, procitioy\t
received. There is no crime, hence there is There is a crime but there is still no
criminal. 4115ninal.
Fulfillment of duty Zwfc u erdse aright or °fete
.--"°".r., As to effect on criminalliability
Q: What are the Vjaisevents fort e justify g curcums ince of fulfilment of duty
or lawful exercise ()Nightor'ooffice
ffice 1,\. 2As
The act is considered*Aave been,, The act complainedg is actually wrongful,
The folloveAng ele!" ents ust concur AN) \ ( done within the blibrids of law
1. The cc̀ acted h the Pafidbrignc-d—Of a—duty or in t e lawful exercise of a but the actor is no'made criminally liable.
,^0 , 7—,_ d , hence, the act is t a.teand
right roffico; and -.:.1.- \ .: iii 1—'-491
— q.,.. ',
i a Necesslry, consequence of lawful in the eyesof:the law w
2. The jiRocaused o %the offeftei, ..5b0mitted was ,gdw-
of duty ttheVwful exerVit-e of s uch nglit or office (RPC,
Art. icj,
the d e-p

1,--, ik
,,, _/- #
As to civil liability
No civil liability can arse' frorn,,the
_,,, ,, ._,,,
Obedience to an orde issueciforsoinelavifulp
Cil liability ,..* rom the crime
acts or omisSiorts'implained of committed but borne by persons
Q: What are the4, rfquirenvnts
•N \\(..k.*N
o ,t e just. of obedience to an except in cases falling Art:11, par. (oilier
pi
than the.:.sh,,,a„..rfe
accused. (except Art. 12,
order issued for same lawfhle rpoWLN 4, where the law$,Imp9ips civil ipar:4arld 7, where no civil liability may be
1
":zricur:-(SPA)
ANS: The following eTheinenynust Cc liability upon personsWefiting fropl„ qimputablelt4!ariwperson)
1. An order has bean iss.1.13d)by a §lireifi ri,1 the salvific act.
2. Such order mustbe d-some laRfpl !kit'de an •
3. The Means used by the ubodit _Lot0o,ca out said order is lawful (RPC, Art. As to lacking elements
11(6-)).
Criminal intent is lacking. Intelligence and freedom are lacking.
Q: Can a subordinate raise the defense of good faith if he is not aware of the
illegality of the order and that he exercised due diligence in the performance of (REYES, Book One, supra at 253-254).
his duties?
ANS: Yes. A soldier who acted upon the orders of superior officers, which he, as a Imbecility or insanity
military subordinate, could not question, and obeyed the orders in good faith, without Q: Distinguish imbecility from insanity.
being aware of its illegality, without any fault or negligence on his part, is not liable ANS: Imbecility is the condition of a person who, while of advanced age, has a mental
because he had no criminal intent and he was not negligent (People v. Beronilla, G.R. development comparable to that of children between two (2) to seven (7) years of age or
No. L-4445, February 28, 1955). an IQ between 20 to 50. Insanity exists when there is a complete deprivation of
intelligence or freedom of the will at the time of the commission of the crime. An imbecile
Exempting circumstances is exempt in all cases from criminal liability but the insane is not so exempt if it can be
shown that he committed the crime during a lucid interval (REYES, Book One, supra at
Q: What are the exempting circumstances under the RPC?
226).
ANS: The following are the exempting circumstances:
1. Imbecility or insanity; Note: If the accused is sane at the time of the commission of the crime, but he becomes
insane at the time of the trial, he is criminally liable (People v. Opuran, G.R. No. 147674-
2. Minority;
3. Accident without fault or intention of causing it; 75, March 17, 2004).
4. Irresistible force;
202 203
 Q: Who has the burden of proof in showing insanity?
ANS: Anyone who pleads the exempting circumstance of insanity bears the burden of
proving it with clear and convincing evidence (People v. Dagsil, G.R. No. 218945, Irresls-tIble force
December 13, 2017).
Note: Mere abnormality of the mental faculties does not exclude criminal culpability Q: Wha s s before irresistible force can be appreciated as an
'the requisites
(People v. Medina, G.R. No. 113691, February 6, 1998). exempting
t a re
circumstance?
ANS: The following must concur: (PIT)
•Q: What is the test of cognition? 1. That the acts were compelled by means of a Physical force;
ANS: The test of cognition requires that there must be a complete deprivation of 2. Thal such physical force must be Irresistible;
Note: The force must be irresistible to reduce him to a mere instrument who
intelligence on the part of the accused at the time of the commission of the [criminal] act. acts not only without will but against his will. The duress, force, fear, or
Note: One is not totally deprived of reason and freedom of will during and after the intimidation must be present, imminent and impending and of such.a nature as
stabbing incident when he is still able to instruct his co-accused-appellants to run , away to Induce a well-grounded belief in death or serious bodily harm if the act is not
from the scene of the crime (People v. Garchitorena, G.R. No. 175605, August 28, done. A threat of future injury is not enough. The compulsion must be of such
2009). a character as to leave no opportunity to the aqvised for escape or self-
defense in equal combat (People v. Loren, G.R. NOki-k54414, July 9, 1984)4
Q: Is a person suffering from schizophrenia (formerly known as dementia and
praecox) considered insane for rpbses-ofexermotion from criminal liability? 3. That such physical force must cone from a Third Omen (RPC, Art. 12(5)).
ANS: Yes. When a personsufferingTfrGoain fOrmiAtpsychosis, a type of dementia a y
praecox, homicidal attar Uncontrollable fear
with sexually, or thatlois
Ron be usL clpluTorikthat he is being interfered
• '--beraigli'erp..-Dfirinig,the,keziod of excitement, such 044.1,
Q: What are the requisites before, uncontrollable teat Zan be appreciated as an
person has no con e Supreme GorurNund that the accused exempting circumstance?
was demented w)fe ime. -hus,* courAexempted him from ANS: The following must concur: IERG)g,
criminal liability (lee LN5130 eb 44)7;037). 1. The Existence of an,tinContrilliatili,-
Note: The source of,the fear musibdireal and imminentprId such fear must render
" the actor immobile and subLelAgi the will of anotheftlalking the actor, for that
Q: What is sorp amb lismiCan it beased as an exemptrhg ircupstance?
ANS: Somnarob in) or sleppVkitig_ cogiboni whereltlje..-actts of the person moment, an automaton wijhotitp4will of his ownin[o er words, in effect; he
afflicted are a toma The UM be exempted frorricrimiriaj liability because could not be Any'li3ore than a mere instrument piing involuntarily an against
his will.11111 is exeoptIrom crimIraliabilitY sin by 250,2 of an unmistakable
his acts were qz.t..d4cYne vo btarilyxPeo G.R. NO7L1V673, March 31, fearsibodily.,hoern, he colelled to ac agar st hikwill people v, Del
1933). P
RolG,g..4427755. Apn7 1 1999). ..,,4;c4„-.g. .4,..,.1.,,t4
2. Tha Ince fear ust:,, be Regland iVinent; an C14 k
Accident withotWu orrrite bon of:thus/771-ft, 3. The feawLe_hin drx is Grefer an or at least eq committed (People
A ff,L9- I. \..:=2-/
Q: What are the equisites b a're'a ac 'den e appreciated as an exempting v. Anticarr, 0.17,8771 une 8, 2 1)
circumstance?
ANS: The following ust concur: ISVPIP Q: Distinguish irresistible: rce from unto e ea .
ANS: In irresistible forCiWthere rceno compel another person to
1. The accusedeusylait.berralawra.act, commit a crime; in unclin ' trollaplelear. the-source of the fear need not be physical but
2. He must be pa:km:Imre sar nrcevIALe\-Ve,;1‘" may consist in psycholo-olcItlnlimidation or threat (REYES. Book One, supra at 251).
3. The acts cause iribtpcd6othellbtiefOccident; and
4. The accused is WithotitIa ''oraaofbSsing it (RPC, Art. 12 (4)). lasaperoble cause
Q: Distinguish accident from negligence. a: What are the requisites before insuperable cause can be considered as an
ANS: An accident is a fortuitous circumstance, event, or happening; an event happening exempting circumstance?
without any human agency, or if happening wholly or partly through human agency, an ANS: The following must concur:
1. That an act is.required by law to be done;
event which under the circumstance is unusual or unexpected by the person to whom it
2. That the accused falls to perform such act; and
represents (Nieva v. People, G.R. No. 188751, November 16, 2016). 3. That his failure to perform such act was due to some lawful or insuperable
Negligence is the failure to observe, for the protection of the interest of another person, cause (RPC, Art /2(7)).
that degree of care, precaution, and vigilance which the circumstances justly demand
without which such other person suffers injury. Accident and negligence are intrinsically Q: What Is an insuperable cause? Give examples.
contradictory; one cannot exist with the other (People v. Fallorina, G.R. No. 137347, ANS: A lawful or Insuperable cause is some power or reason which, independent of the
March 4, 2004). will of the accused, has lawfully, morally, or physically, prevented him to do what the law
• commands (People v. Bandian, G.R. No. 45186, September 30, 1936).
Q: In self-defense, will the act of striking a gun, even if it fired and seriously Examples of which are:
injured the assailant, be considered as a lawful act? 1. In the case of U.S. v. Vicentillo (G.R. No. 6082, March 18, 1911), the accused
ANS: Yes. The striking with the gun was a legitimate act of self-defense and the striking was exempted from criminal liability for Delay in the delivery of detained
could not haVe been done in any other manner. The injury, therefore, that resulted from
the firing ofthe gun was caused by an accident and without any fault or intention on the
205
part of the defendant in causing it, in accordance with par. 4 of Art. 12 of the RPC
(REYES, Book One, supra at 238).
204
 persons to the proper judicial authority (RPC, Art. 125) when he detained the 3. When the accused is over 70 years of age (RPC, Art. 13(2) with reference to
offended party for more than three days, contrary to law, because to take him Art. 47 and Art. 83).
to the nearest justice of the peace required a journey of at least three days by
boat and there was no other means of transportation available. Q: What is the main difference among the circumstances affecting criminal
2. A mother, who was overcome by severe dizziness and disorientation from liability?
sudden massive loss of blood, and had left her child in a thicket where she had ANS: Justifying circumstances serve to exempt the criminal from criminal liability
unknowingly given birth while she was relieving herself, resulting in the death because the act is justified. Exempting circumstances, on the other hand, exempt the
of the infant, was not held liable for infanticide because she had been criminal from criminal liability because of the person who committed the act. Mitigating
rendered physically and mentally incapable of taking the child to safety circumstances serve to decrease the penalty imposed on the criminal. While
(People v. Bandian, G.R. No. 45186, September 30, 1936). aggravating circumstances serve to increase the penalty imposed on the criminal.
Mitigating circumstances Incomplete justifying or exemoting circumstances
Q: What are mitigating circumstances? Q: When does Art. 13(1) apply?
ANS: Mitigating circumstances are those which, if present in the commission of the ANS: It applies when some but not all the requisites necessary to justify the act or to
crime, do not entirely free the actor from criminal liability, but serve only to reduce the exempt the accused from criminal 7:ity :Iare not attendant. It is required, however, that
penalty (REYES, Book One, supra t,261). majority of the requisites are present (13 gY,ES, Book One, supra at 254).
Q: What are the mitigati uAir the 2PC? ? Q: In incomplete self-defense,tfiWinNf relative and defense of stranger, can
ANS: There are ten mitigaNg cirsumstgffes, to unlawful aggression be absent.edAtiVitialify as a mitigating circumstance?
1. IncompletrflefyjngjoircuTs ANS: No. Unlawful aggression ispidjApedlaablein order far incomplete self-defense,
2. When offeRdeNvverAfteen (15) but undlleigbteew,:k8) years of age who defense of relative, and defense.,°Of(*air05.49:440fyNA mitigating circumstance.
acted Aith4,2inmfnt or When isrer se en1V479)..ye rs old; However, it is either one or;51ioth the other reqUISifeatthki are absent making the
3. Lack of interbon to commit so gage Arong as thaVon3 ed; justification incomplete ad1)1-4''
.t 8
4. Sufficheggo,yocation or threat orb part o he offe ked rty; AY'
5. Vindicalanaf a graie offeAsg 14 _ Q: When is accident &tartly a mitigatingicircumstance?(
6. PassidraiMlbfuscatipi; ANS: Accident is mitigalinglonly when (Lkoldue):
7. Volu ary4rergeTr
, volalifkry-ao ssion of,g ilt; „ 4'„1
1. The accused is Performing g,Lalfyl act;
8. PhysFardeif9ct cp:eQde • 2. Thejrijupy caused. was an Acaidelland could not blares*:
9. Illness ofjpg de 4.11-nnishingthi uzjilpawe 3. The-kalused;h4aWkver cannot CIRO that r sr
10. OtherVrnilar teaso 43`r nalaga s circus stances PC, Art. 13). wptexeraisingTlae c4rOlor diligenCe;a?
\\
I b. The entirely witlyi,his fault; or
Q: What are the hypes offmitiga/lrfa.circumstances? c. Thelrijury was unintentional on his part.
ANS: Mitigating cirtumstanas rtiay-6111 -flinary o Note: It is necessarysthat,Ae alleged b—daidqltLoacarred while the accused was
Q. What are ordinary m(tiga3j9g)c)rctirnstances?-sAi
performing a lawful acIlWaterwise,,h" teV119,0*
e WO'figfi be performing some crime
(REYES, Book One, :supra a,4069):le is -a so indispensable that the injury was
ANS: Ordinary mitigating cir,9_,t,irnslancesi0 liebnlipierated under Nos. 3 to 10 of accidental. If it was nothen the accused is probably guilty of a culpable felony (id).
Art. 13 of the RPC. They al'&su ceptibtellof b irfr offset by the presence of any
aggravating circumstance (RPC, A . 64 4) .If not offset, an ordinary mitigating No intention to commit so grave a wro g (praeterintentionem)
circumstance has the effect of requiring a court to impose the penalty prescribed by law
for the crime in its minimum period, provided the prescribed penalty is divisible (RPC, Q: Can the mitigating circumstance of praeter intentionem be applied to any type
Art. 64(2)). When there are two or more ordinary mitigating circumstances, and no of offense?
aggravating circumstances are present, the penalty to be imposed is that which is lower ANS: No. It is only applicable to offenses resulting in physical injuries or material harm.
by one degree from that which is prescribed by law (RPC, Art. 64(5)). It is not applicable to felonies committed by negligence. The reason is that in felonies
through negligence, the offender acts without intent in the first place (REYES, Book
Q: What are privileged mitigating circumstances? One, supra at 284).
ANS: Privileged mitigating circumstances are those that cannot be offset by aggravating
circumstances. Rather, it produces the effect of imposing upon the offender the penalty Sufficient provocation or threat
lower by one or two degrees than that provided by law for the crime, or even suspend Q: When is provocation or threat appreciated as a mitigating circumstance?
the imposition or execution of capital punishment. Privileged mitigating circumstances ANS: The following must concur:
may also work to reduce even indivisible penalties. There are only 3 privileged 1. The provocation must be sufficient;
mitigating circumstances, to wit: 2. The provocation must originate from the offended party; and
1. When the crime committed is not wholly excusable or justifiable (RPC, Art. 3. The provocation must be immediate or proximate to the act i.e., to the
13(1) with reference to Art. 67 and Art. 69); commission of the crime by the person who was provoked (RPC, Art. 13(4)).
2. When the accused is a minor over 15 and under 18 years of age who acted
with discernment (RPC, Art. 13(2) with reference to Art. 68); and

206 207
Q: When is provocation sufficient to constitute a mitigating circumstance? Surrenderandconfession ofguilt
ANS: Provocation is any unjust or improper conduct or act of the offended party, Q: When is voluntary surrender appreciated as a mitigating circumstance?
capable of exciting, inciting, or irritating any one. (REYES, Book One, supra at 283). ANS: The following must concur (NAV):
Provocation is sufficient when it is adequate to excite a person to commit the wrong and 1. Offender has Not been actually arrested or is about to be lawfully arrested;
must be accordingly be proportionate to its gravity (People v. Nabora, G.R. No. 48101, 2. The offender surrendered himself to a person in Authority or to the latter's
November 22, 1941). agent; and
Vindication ofgrave offense 3. Surrender was Voluntary (Estacio v. Sandiganbayan, G.R. No. 75362, March
6, 1990).
Q: When is vindication of a grave offense appreciated as a mitigating Note: For surrender to be considered voluntary, it requires the surrender to be
circumstance? spontaneous, indicating the intent of the accused to unconditionally submit
ANS: The following must concur: himself to the authorities, either because he acknowledges his guilt or he
1. That there be a grave offense done to the one committing the felony, his wishes to save them the trouble and expenses necessary for his search and
spouse, ascendants, descendants, legitimate, natural or adopted brothers or capture(Peop/e v. Del, G.R. No. 169084, January 18, 2012).
sisters, or relatives by affinity in the same degree; and
2. That the felony is committed in immediate vindication of such grave offense Q: When is voluntary plea of guilty appreciated as a mitigating circumstance?
(RPC, Art. 13(5)). ANS: The following must concur (SOP)A,
Note: The grave of,nse needin4co sgtute .crime. The question whether or 1. That the offender SpontanedAWponfessed his guilt;
not a certain of pp.sq,isfartve must 11 cicledtb ,,,tQe court, having in mind the 2. That the confession of gUilti\kaWade in Open court competent court to try the
social standpff o the Rerli sonrthr:113a6c0e, n5d t,he`
to 7 o whenthe offense was case;
made (P7 'it tz,"6: . Nos. 3 0 - c ‘8, , 1979). 3. That the confession of gUilti:vOhlade Prior to the presentation of evidence for
-,
1'C.. the prosecution (Peoplel. ;Iiipn:70;C:607.5)1-1,5.2289(fAnuary 14, 2004).

\
/0.**''' r5ne ---
Q: Discuss the conteRt "iirimediate Vifidiltion" .41, 771:4
# -• .1,`-'' /4 7
ANS: While "im ediateP vindication is also.;cong rued t incl 4e "plmate" vindication, Q: Is plea of guiltyAWIesser ale se than that charged considered as a
\
still this mitigati circtimstan6e cannot bee sidered here sggidn • time has elapsed
for the accuse 1'g67,—gain his om osure (People v. Ve tura,VIC* 148145-46, July
mitigating circumstance? '
ANS: No. An offer to egtewplea of_gailty 19 a lesser offense Okot be considered as a
5, 2004). --- \ 11111 `--41 mitigating circumstan0!:becAuseto be vol rotary the plea of gLijItyttiust be to the offense

Q: Distinguisproxocalon rom vination.

/ 7' Iii
H charged (People,,fbawatorigaR. No. 1462j47, September In2002).

ANS:Provoca igrkfisiVad mitt n'g.ttieelony. The cause Physical defeCeof offender

that brought ab btithe Rrov ffense and/ is necessary that ±."‘; 9'
Q: When is'physical,defect,AiafT
, the '(offender 'appreciate as a mitigating
the provocation knmedia1/4ely
0, pre ng thicrime. circumstance? • , -tg
In vindication, tik grave ffend so against ttl,e offender's relatives ANS: The physicapefect,i,which :Must exist at the time of the commission of the
mentioned by the iv. Fu h9.1 .1 t 9q1. p ••unust iave d9 fie a. grave. offense to offense, must be a dorkditionAfficiently aliptionalerially affect the voluntariness of the
the offender or his reletivesim .1thatfaivoand e pct ofvindication may be accused' acts. (REYESpook One, supsa;(0,3 3)Viatt;:pe shown that such physical
proximate, but which a mirsg a reasonablenoqekali.yme between the offense defect limited his meanOo act,deleffdliiiiigelf'kesOffirhUii8ate with his fellow beings to
done by the offended pa an e compiisi l'tktrielcrime by the accused (REYES, such an extent that hettcknotiOVe complete freedom of action, consequently resulting
Book One, supra at 294-295). in diminution of the element df voluntariness (People v. Deopante, G.R. No. 102772,
October 30, 1996).
Passion or obfuscation
Q: What is passion or obfuscation? ///ness of the defender
ANS: There is passion and/or obfuscation when the following elements are present (BF): Q: When is illness appreciated as a mitigating circumstance?
1. That there should be an act Both unlawful and sufficient to produce a troubled ANS: The following must concur:
condition of mind and; 1. That the illness of the offender must diminish the exercise of his willpower; and
2. That the act that produced the obfuscation was not Far removed from the 2. That such illness should not deprive the offender of consciousness of his acts
commission of the crime by a considerable length of time, during which the (RPC, Art. 13(9)).
perpetrator might recover his normal equanimity (Del Poso v. People, G.R. No.
210810, December 7, 2016). Similar or analogous circumstances

Q: What are the instances where there is an actual passion or obfuscation on the Q: Give examples of analogous cases which can be appreciated as mitigating
part of the offender but the same cannot be considered as a mitigating circumstances.
circumstance? ANS: The following analogous cases can be considered mitigating:
ANS: When the act is committed in the spirit of lawlessness or in the spirit of revenge. 1. When the offender is over 60 years old with failing sight -similar to when the
Passion or obfuscation may constitute a mitigating circumstance only when the same offender is over seventy years;
2. When a debtor tried to evade payment of his debt which caused an outraged
arose from lawful sentiments (REYES, Book One, supra at 298).
feeling on the part of the offender-creditor -similar to passion or obfuscation;
3. Impulse of jealousy -similar to passion or obfuscation;
208 209
 4. Manifestation of battered wife syndrome -similar to an illness that diminishes Note: A recidivist is one who, at the time of his trial for one crime, shall have
exercise of will power (People v. Genosa, supra); been previously convicted by final judgment of another crime embraced in the
5. Esprit de corps-similar to passion or obfuscation; same title of this Code.
6. Voluntary restitution of stolen property -similar to voluntary surrender; 10. That the offender has been previously punished by an offense to which the law
7. Extreme poverty and necessity -similar to incomplete justification based on attaches an equal or greater penalty or for two or more crimes to which it
necessity; and attaches a lighter penalty;
8. Testifying for the prosecution -similar to plea of guilty (REYES, Book One, 11. That the crime be committed in consideration of a price, reward, .or promise;
supra at 336-338). 12. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or international damage thereto, derailment of a
Aggravating circumstances locomotive, or by the use of any other artifice involving great waste and ruin;
Q: What are aggravating circumstances? 13. That the act be committed with evident premeditation;
ANS: Aggravating circumstances are those which, if attendant in the commission of the 14. That the craft, fraud or disguise be employed;
crime, serve to increase the penalty without however, exceeding the maximum of the 15. That advantage be taken of superior strength, or means be employed to
penalty provided by law for the offense (REYES, Book One, supra at 341-342). weaken the defense;
16. That the act be committed with treachery (alevosia);
Q: What is the basis of aggravatings.ircumstances? Note: There is treachery whenittp offender commits any of the crimes against
ANS: They are based on) e hireate p -rve sliof the offender manifested in the the person, employing meartit'ullethods, or forms in the execution thereof
commission of the felony,es'sho by: which tend directly and sp:Oilylo,,ensure its execution, without risk to himself
1. The motivatingimeer) i arising from the defenseNVIRCliqiiioffended party might make.
2. The place 4o mis"Jon; 17. That means be employed 6`r•Cii.Cuifiltances brought about which add ignominy
3. The means an ..ifays emplo ,*,ILt pot,'
to the natural effects of tfte
4. The timpt6 71 /r -
, rr. of toptop
5. The pqrsAliircu stances offender,or Of e offended party (REYES,
offender,
18. That the crime be cqmatedK4ftern-unlaiifkbhtrV,p
V
Note: There isurilawful ent when an entrarieeiof a wall, roof, floor, door,
Book0 e, supra at 42). - >-4. or window belGroken.
19. That the cnm"
• ebekcommittc
11‘
• Cftith the aid of persons under fifteen years of age
Q: What are the different kirtds bf4ggr,0a,tidglpii-cumstanceS? or by meansrof m:otorkvehicles, rpbtorized watercrafts, airships, or other similar
ANS:The differen :Ids of aggravaftn6,euMstances re: is means (a&annendedziwR.A. 5438); and / f?
''.. .!;-0
1. Generic, 20. ThaVitie wrong' done in -the `commission the crime be deliberately
2. Specip9; augrAeffietbyA'Causing,other wrong not necessary, oritt§,commissions (RPC,
3. Quality24" Art.'14). 4r •
, -•
4. Inhere , t; and
5. Special Id.). Q: What are the ordinaryror generic ag9ravating circumstances under Art. 14 of
fty

. SOirn, T-r1 the RPC?

Q: What are the aggravatinp ctrsumstances nde„, r-th 7,777)
,,
ANS: Generic aggravaticoil_circumstancwe w Videe0hat can generally apply to all
ANS: There are twenkaggraeVerpcircumstanceslo-wit: crimes. When attendant they increaserthejliaskilerp'enalty to the maximum period of
1. That advantagebeialtefiy thekoffer&lem410riublic position; that which is prescnbeciexcept,',Wh'en offset by ordinary mitigating circumstances. (RPC,
2. That the crime be committed in ,potitempt-owitrinsult to the public authorities; Arts. 63 & 64) The folloiting are -file generic aggravating circumstances: (CARNAP-D-
3. That the act be commIttedmwith.insulftrin disregard of the respect due the BUHUC)
offended party on account of his rank, age, or sex, or that it be committed in 1. Contempt or insult of public authority (par. 2);
the dwelling of the offended party, if the latter has not given provocation; 2. Taking Advantage of public office (par. 1);
4. That the act be committed with abuse of confidence or obvious ungratefulness; 3. Recidivism (par. 9);
5. That the crime be committed in the palace of the Chief Executive or in his 4. Nighttime, uninhabited place, or band (par. 6);
presence, or where public authorities are engaged in the discharge of their 5. Abuse of confidence or obvious ungratefulness (par. 4);
duties, or in a place dedicated to religious worship; 6. Place and time of commission of crime (par. 5);
6. That the crime be committed in the nighttime, or in an uninhabited place, or by 7. Crime committed in the Dwelling of the offended party (par. 3);
a band, whenever such circumstances may facilitate the commission of the 8. Breaking of parts of the house (par. 19);
offense; 9. Unlawful entry (par. 18);
Note: Whenever more than three armed malefactors shall have acted together 10. Habituality (par. 10);
in the commission of an offense, it shall be deemed to have been committed 11. Use of persons under 15 years of age (par. 20) and
by a band. 12. Craft, fraud, or disguise (par. 14);
7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune; Q: What are specific aggravating circumstances under Art. 14 of the RPC?
8. That the crime be committed with the aid of armed men or persons who insure ANS: Specific aggravating circumstances apply only to particular classes of crimes.
or afford impunity; Nevertheless, they are treated in the same manner as generic aggravating
9. That the accused is a recidivist; circumstances. The following are the special aggravating circumstances: (RATIC)

210 211
 1. Disregard of Rank, age, or sex due the offended party applicable only in 4. Abuse of public position in malversation of public funds and property (RPC,
crimes against persons and honor (par. 3); Art. 217); and
2. Abuse of superior strength or means be employed to weaken the defense 5. Deceit in simple seduction (RPC, Art. 338).
applicable only in crimes against persons (par. 15);
3. Treachery applicable only in crimes against persons (par. 16); Q: What are special aggravating circumstances? Cite examples.
4. Ignominy applicable only in crimes against chastity (par. 17); and ANS: Special aggravating circumstances are those which arise under special
5. Cruelty applicable only in crimes against persons (par. 21); conditions, serving to increase the penalty of the offense and cannot be offset by
mitigating circumstances. Examples:
Q: What are qualifying aggravating circumstances? 1. Complex crimes (RPC, Art. 48);
ANS: Qualifying aggravating circumstances are those that change the nature of the 2. Use of unlicensed firearm
crime and thus do not merely affect the penalty imposed. When acts are attended by a. When inherent in the crime (R.A. 10591); or
qualifying aggravating circumstances, they serve to make those acts punishable under a b. In the commission of brigandage (RPC, Art. 306, as amended by R.A.
different provision of law (RPC, Art. 62(1)). 12);
3. Taking advantage of public position and membership in an organized/
Q: What are the qualifying aggravating circumstances which qualify the killing of syndicated crime group (RPC, Art. 62(1)(a));
a person to murder? 4. Error in personae (RPC, Art. 49);-and
ANS: They are as follows: (T510=EZ)TF''.....„ 5. Quasi- recidivism (RPC, Art460)?
1. • Treachery, taki 4:dva!,,,htage sieerigth with aid of armed men, or
employing my page he-defe se, or cpeans or persons to insure or Q: Distinguish generic aggravating - circumstances from qualifying aggravating
afford imp circumstances.
2.-. In consid, atio f a 1.31-IperReWd-drpro seNts ANS: They are distinguished as follot
•
3. By me n*f.11 ndption, fp, risop-, explosion, \sill eck, stranding of a
vessel derailrpent Sr assault up: in eiailroaalfalltof an airtship, by means of Generic Qulifying •
It
motor ehicles, or "th the usekbany other means %,irtiRing great waste and As to its effect on the penalty
ruin; II - eding paragraph, /f=t4T)...- Vi
4. On gptasiog of an of tif Zelani,/ ft?fner
•• • ted in she prici Increases the Penalty which should ;Gives the crime k s poper and exclusive
of of~aei hquake erup -loan°, estruct varcyflone, epidemic or be imposed upplffhe accused' to the Igame and pfrl'acesi the author thereof in
any'qt%f4p,L1 lic !IV; maximum g xiod A.but without such a situation as to deserve no other
5. With gilderk pre di ation; in exceeding heylimit.pressccilbed. k•Apenalty thak,..thAtisp,eglallypprescribed by
w
•-• 6. With ee*, by al% plely4privrq9y gmpri:i"nsghe suffering of the iidaw for saielce*CHrhe'rl
victim b outraging hissbe corpse (RP. 248).
As to offsetting against mitigating circumstances
Q: What are the qualifying g akiiiyAreutas ances whic qualify the crime of
tk,., 4 .
theft? May be offset by oan ord nay' 'a-.-offset by a mitigating
ANS: They are as follow -71.FF mitigating circumstance L'ilreffriiitanice--- Since it is considered an
1. If the offender eak_onae9tic serKafit \.*
\-" ingredient of the crime
If the theft was comaitted with grthl Asetderonfidence
3. If the theft was committeltirgptaii1Fof fire, earthquake, typhoon, volcanic As to its effect on-the nature of The crime
eruption, or any other calamity, vehicular accident, or civil disturbance.
4. If the property stolen is a Motor vehicle, mail matter or, large cattle Does not change the nature of the Changes the nature and name of the
5. If the property stolen consists of Coconuts taken from the premises of a offense offense
plantation.
6. If the property stolen are Fish products from a fishpond or fishery (Art. 310 of (REYES, Book One, supra at 339).
the RPC, as amended by B.P. Blg. 71).
Q: What are the general rules governing aggravating circumstances?
Q: What are inherent aggravating circumstances? Cite examples. ANS: The following are the rules governing aggravating circumstances:
ANS: Inherent aggravating circumstances are those that must necessarily accompany 1. Aggravating circumstances shall not be appreciated if:
the commission of the crime. Thus, they are not appreciated as aggravating a. They constitute a separate crime especially punishable by law; or
circumstances within the contemplation of Art. 14 and are treated as essential elements b. They are included by the law in defining a crime and prescribing a
of the offense to which they form an integral part. Thus, they generally do not serve to penalty therefor (RPC, Art. 62(1)).
increase the penalty (RPC, Art. 62(2)). Some inherent aggravating circumstances are: 2. The same rule shall apply with respect to any aggravating circumstance
1. Ignominy in rape (RPC, Art. 266-A); inherent in the crime to such a degree that it necessarily accompanies the
2. Fraud in estafa (RPC, Art. 315); commission thereof (RPC, Art. 62(2)).
3. Breaking of a wall or unlawful entry into a house in robbery with the use of
force upon things (RPC, Art. 299);

212 213
 3. Aggravating circumstances shall only serve to aggravate the liability of the Committed with insult or in disregard of the respect due the offended partyon
principals, accomplices and accessories as to whom such circumstances are account of his rank, age, sex
attendant (RPC, Art. 62(3)) even if there was conspiracy, when they arise: Disregard of rank, sex or age
a. From the moral attributes of the offender;
b. From his private relations with the offended party; or Q: When the aggravating circumstances of disregard of rank, sex, or age, are all
c. From any personal cause, present, must they be appreciated separately?
4. The circumstances which consist in the material execution of the act, or in the ANS: These circumstances can be considered single or altogether. If all of them are
means employed to accomplish it, shall serve to aggravate the liability of those present, they have the weight of one aggravating circumstance only (REYES, Book
persons only who had knowledge of them at the time of the execution of the One, supra at 353).
act or their cooperation therein.
Q: What is the meaning of Rank, Age, and Sex of the offended party?
Note: An exception is when there is proof of conspiracy in which case the act ANS: The terms are defined as follows:
of one is deemed to be the act of all, regardless of lack of knowledge of the
1. Rank means the designation or title of distinction used to fix the relative
facts constituting the circumstance (RPC, Art. 52(4)).
position of the offended party in reference to others;
2. Age may refer to old age or the tender age of the victim: and
Q: Should aggravating circumstances be specifically alleged in the information?
ess of its kind, should be specifically 3. Sex refers to the female sex, not4o the male sex (REYES, Book One, supra at
ANS: Yes. Aggravating circumstances, reg 358-361).
alleged in the information and.proved a fuljy7 t e cdze itself in order to increase the
penalty (RULES OF 91YRT, ;Such circumstances are not
S 49). Q: What are the instances whell aggravating circumstances cannot be
presumed (People v. Ligaspri7asp4:36:1 4-65f Aprill'O2001). appreciated?
ANS: The aggravating circumstancein Art414(3) cannot bepappreciated or considered
rssence-671tiple.aggravR,tingcipumstances?
Q: What is the effect oft ie „ separately in the following situatIons. 4;,A fey
ANS: When then ire hap one olgal0 ng •$.3grava inak iccupqnce present, one of 1. When the offendwadted withcii5aision and olgusdat[on (People v. Ibanez, CA-
them will be app ecia e as qpalifyin6 whi_ktheothers will considered as having the
G.R. No. 1137 March 20, 1948Th
effect of a mer ener agg -vating circtithstance (Pe ple F61)3s G.R. No. 90603, 2. When there eXletsya relationsh4between the offended, party and the offender
October 19,19 2?. (People v. Ali:4na(su,,,,G,R.-No. 251)48, July 30, 19R6):ior.',
/ / Hai ,... . 3. When theOrciditidt7; ;Of being a woman is indisp6nsSblein the commission of
Taking advantage,thfipublicposition-i-:. , --1-)=
11-,-...1_,1 (-1\ the crirrig.(Peop/iv' .tOpezi.,9.RtriSio
; • L-14347, • April 129, 1960) (e.g. abduction,
'acva tqse-of-pu311c-position eeciated an aggravating seduction, and:rape). p.
Q:ANhen is tgking., - , •
circumstance? ) ''';-\ci P 141.'`9. NoikThe'circurristance'ofranKF:Sge, or sexc may',bbilak6.04rito account only in
ANS: It is required fiat izec , '111,!qfPfricelllust se the influence, prestige, or crimes.mainsttmkons orhonor7:,When in the commission' of the crime, there is
ascendancy whiag,his office gi\iQs/Q as .he he by wbich he rializes his purpose. some inSUlt,or,fdiSrespect to rank age or sex (People v. Pagel, No. L-32040,
The essence of th‘matteN prese '. "did the accased abuse his office October 25 1977).',f
igIrtgue .134o. 6344/march 21, 1991). 12,
in order to commit thvrime?,V./.
Note: Abuse of officiaVdsNois,49vv 9,..pxcifieNecVIN-,Aidgravating Circumstance Commission of crime in one's dwelling
"isi• ,a4
under Art. 61 (1)(a) of the R.C(BbADO Co pa evielk rrsupra at 96). Q: What are the instances [n.fwhich dwelling is considered as an aggravating
circumstance?
Committed in contempt of or witlrinsui _to.thepti /lc authorities ANS: The following circumstances aggravate the commission of the crime in one's
dwelling (DINo):
Q: When is "crime committed in contempt of or with insult to the public
1. That the offense was committed in the offended partyha own Dwelling.
authorities" appreciated as an aggravating circumstance?
2. That the offender Intentionally and deliberately disregarded the respect for
ANS: The following must concur (ENKP): abode the law accords to a person's dwelling through:
1. That the public authority is engaged in the Exercise of his functions; a. The abuse of confidence which the offended party reposed in the
2. That the public authority is Not the person against whom the crime is offender by opening the door to him; or
committed; b. The violation of the sanctity of the home by trespassing therein with
3. That the offender Knows him to be a public authority; and violence or against the will of the owner
4. That the Presence of the public officer has not prevented the offender from 3. That the offended party did Not give sufficient provocation immediately
committing the criminal act in his presence (REYES, Book One, supra at 354).
preceding the commission of the crime (RPC, Art. 14(3)).
Note: Lack of knowledge on the part of the offender that a public authority is Note: It is not necessary that the accused should have entered the dwelling of
present indicates lack of intention to insult the public authority (REYES, Book
the victim to commit the offense. It is enough that the victim was attacked
One, supra at 356). Teachers and professors of a public or recognized private
school and lawyers are not "public authorities" within the contemplation of this inside his own house, as when the victim is shot from underneath the floor of
his kubo (People v. Dacibar, G.R. No. 111286, February 17, 2000).
paragraph (People v. Tac-an, G.R. No. 76338, February 26, 1990).
Q: What is a dwelling?
ANS: Dwelling is a building or structure, exclusively used for rest and comfort (REYES,
Book One, supra at 363). It is not necessary that the offended party be the owner of the

214 215
shelter that serves as his dwelling. It is sufficient that he uses it regularly for rest and Palace andplaces of commission of offense
comfort. Thus, a person who attacks the lessee of apartment dormitory can violate the
Q: Distinguish the aggravating circumstance "where public authorities are
dwelling of the latter. (People v. Bihag, Jr., G.R. No. 129532, October 5, 2000). People engaged in the discharge of their duties" from "contempt or insult to public
v. Daniel, G.R. No. L-40330, November 20, 1978). authorities".
The term dwelling includes dependencies, the foot of the staircase, and enclosure under ANS: In both, public authorities are in the performance of their duties. In the former,
the house (U.S. v. Tapan, G.R. No. 6504, September 11, 191/).The dependencies of a their public duties are performed in their official working places while in the latter, their
dwelling are those which are contiguous to the building or edifice, having an interior
public duties are performed outside of their office. Also, in the former, the public
entrance connected therewith, and which form part of the whole dwelling (REYES, Book
authority should not be the offended party while in the latter, the offended party may or
One, supra at 715). may not be the public authority (U.S. v. Baluyot, G.R. No. L-14476, November 6, 1919).
Q: Can disregard of dwelling be appreciated as an aggravating circumstance Note: Offender must have intention to commit the crime when he entered the place
when the crime was committed in the family store, a few meters away from their (People v. Jaurigue, C.A. No. 384, February 21, 1946).
home, occasionally used for sleeping by some members of the family when they
Nighttime. Unfrthabited Place. or Banc/
are out late?
ANS: No. The store cannot be considereda dwelling or even a dependency of the Q: Define nighttime, uninhabited place, and band.
family's home. A dwelling must be exclusive used for rest and comfort (People v. Joya, ANS: These aggravating circumstances gl defined as follows:
G.R. No. 79090, October 1, pm. A tore u alkoccasionally for rest cannot be 1. Nighttime or obscuridad is theperiod of darkness beginning at end of dusk
considered as a dwelling t e pu po e oj ppe• 'sting it as an aggravating and ending at dawn. Nigfiletreflfrom sunset to sunrise (REYES, Book One,
circumstance. supra at 381); =.0!tfi VA\
.4taK . ,' 2,A
2. An uninhabited place orVes,e85/qs.lo is one where there are no houses at all; a
Q: What is the ru e in-relatio o the ag§i;ating circumstance of place at a considerable djstkOfiki7ton, or where the houses are scattered
dwelling? _I? ..
at a great distance frp,r9;ea ot ttotte(fikw,opObe, supra at 383);
ANS: When adu omm ed in jj he sj , elIN of th husba2d,
us that is, in the conjugal 3. A crime is deerwittiimmitteAyi a band Or'Ornifyrilla whenever more than
home, it is aggrpvating yen i it is also tKciwelling of t e unleithfdlyke because, aside three (i.e., akted'it four) argiogrEnalefactors shall hakeacted together in the
from the latter'' bFe c of t e-fidelity-eWwcs her- usbancVslie And her paramour commission offen45ffense (RE-YES, Book One, suiralay86).
violated the resp c idue to the \copjugol I Vorrieandithey bottrfAeeby injured and Note: WheoM'tliepo,three are present in the same case and their elements
committed a vTry gr Ve often e ag%cistthelheepf the house U Ibanez, G.R. No. are distinctInalpOle; ,,and can sgOsist independently1 May shall be considered
10672, October26 115) \k411lilial separately (PmpleieSantos4G/ No. L-418 May 21, 1952).
r6, 1%, . i
Abuse of confide end obvlo s un7a fahess Q: When areThibhtiM nhabitel pla it or banaggravatitT'
Q: What are he requi site idence to bp considered an ANS: They arechggrayptireo thegfoltowin ;"5ihstances (FET)(
1. When if'Ealtgtedee cominissiOnf 4 . ,-..' fi
aggravating circ mstancV of the crime; •
ANS: The followinkmust core „-/-\ 2. When Cskcially sod ht for by fire offender to insure the commission of the
1. That the offedided gartl Ap!=-Ifirsfealh d , crime or for f:the..
9 ,ourpose of irorlitynope v. Pardo, G.R. No. L-562,
2. That the off6r4er kiused%.sucla.tru cvmitting a crime against the November 19,,Y947)
7 ; orAfr,, -A
._LL'h 0 -6
offended party; and-74 th
i„ 3. When the offender ToglOadvantage thereof for the purpose of impunity (U.S v.
3. That the abuse of a'nficlence F.Ucilitht8d commission of the crime (People Billedo, G.R. "No. 1088eDecember 20. 1915).
v. Luchico, G.R. No. L-261707Der e er 6,1926). 'On occasion of calamity or misfortune
Note: The confidence between the parties must be immediate and personal as would
give the accused some advantage or make it easier for him to commit the criminal act Q: What is the reason for the aggravation when the crime is committed "on
(People v. Arojado, G.R. No. 130492, January 31, 2001). occasion of calamity or misfortune?"
ANS: In the midst of a great calamity, the offender, instead of lending aid to the afflicted,
Q: In what crimes is abuse of confidence inherent? adds to their suffering .by taking advantage of their misfortune to despoil •them (U.S. v.
ANS: In the following felonies, abuse of confidence is inherent: Rodriguez, .G.R. No. 6344, March 21, 1911).
1. Malversation (RPC, Art. 217); Aid of armed men
2. Qualified theft (RPC, Art. 310);
3. Estafa by conversion or misappropriation(RPC, Art. 315); and Q: What are the requisites for the aid of armed men to be aggravating?
4. Qualified seduction (RPC, Art. 337). ANS: The requisites are:
1. That armed men or persons took part in the commission of the crime, directly
Q: What are the requisites for obvious ungratefulness to be appreciated as an or indirectly; and
aggravating circumstance? 2. That the accused availed himself of their aid or relied upon them when the
ANS: The following must concur: crime was committed (RPC, Art. 14 (8)).
1. That the offended party had trusted the offender; Note: Aid of armed men cannot be appreciated when there is conspiracy because the
2. That the offender abused such trust by committing a crime against the armed men are mere accomplices, and in conspiracy, all are principals (BOADO, Notes
offended party; and and Cases on the RPC, supra at 179).
3. That the act be committed with obvious ungratefulness.
216 217
Q: Distinguish "by a band" from "with aid of armed men." c. for two or more crimes to which it attaches a lighter penalty than that for
ANS: When a crime is committed by a band, it requires more than three (3) armed the new offense; and
malefactors (i.e., at least four) who should have acted together in the commission of an 3. That he is convicted of the new offense (RPC, Art. 14(10)).
offense and all band members are liable as principals. On the other hand, if the crime is
committed with the aid of armed men, it requires the aid of at least two (2) armed men Q: Distinguish reiteracion (habituality) from reincindencia (recidivism)
and the latter should merely act as accomplices. The second circumstance is present ANS: The following are the distinctions:
even if one of the principal offenders merely relied on their aid; actual aid is not
Reiteracion
necessary (REYES, Book One, supra at 388).
As to service of sentence for the first offense
Recidivism. reiteracion, hob/two/delinquency, quasi-recidivism
It is necessary that the offender shall It is enough that a final judgment has
Q: What are the four forms of repetition? have served out his sentence for the
ANS: They are: been rendered in the first offense.
first offense.
1. Recidivism (RPC, Art. 14(9)); . ..
2. Reiteracion or habituality (RPC, Art. 14(10)); As to the kind of offense's involved
3. Multi-recidivism or habitual delinquency (RPC, Art. 62(5)); and
4. Quasi-recidivism (RPC, A#.460). The previous and subsequent offenses:, It requires that the offenses be included
must not be embraced in the same,litlel in the same title of the Code.
Q: Who is a recidivist? of the Code.
r.
ANS: A recidivist is one ho t eatime-oliktallfor)-o
W e crime shall have been
previously convicted kpriafrj dament of another crirue embraced in the same title of
the RPC (People v. VillabestineoterG:RN2C1,54806-tobek.26, 2001). What is f4A.4.,3•
It is not always an aggravating rt 11Fa.lvy,Rys49,ke.Jaken into consideration
controlling is the lipfrtgal, not thq,,tirnk oflhe crime ( EtYB,S,Sook One, supra at
Ir circumstance. in fixing
' tli6,dre'rialty to be imposed upon
389).
the accused.
6-•-•-
Q: What am t e9,qurement..T tor a person to become a reciivist? t$:.., A
i 0 k,,,,
(REYES, Book One, svpra•at 394)
ANS: The req airemet are (TtPEC)1,1 111;° e,:4-102, 4,
-.i
-
1. The cRffej,04 is on Nal forarypq,enserrii ,.,ev'' -,,;,,i,
Q: What is quask.ecidiviSMr.- •
Note, "If-ts.,4rtot relf red that %"tittet-lime of tpomMission of the crime, the 4,4A- ii -k,.;
ANS: Quasi-reptclivismia ithe commissi90 of anothep' felony by Vie convict before
accuged phould yve a een prev opp y con le ed/by itial4Idgment of another beginning to Terle.serlfgce4 or while serMg the satp.5tp(Mqgfic9mpact Reviewer,
crimekkEYA, B 40 0, strIa qP,R 4,/Y supra at 246r. it is v*1).90,0 aggrOptingl%circumstanbe4i-Al6pbes the maximum
2. The offender Bias f-VorvictO 'final judgment of another crime (at
`is Pr \ego period of the penalty p, resatibed by law for the new felony (RPC, Art. 160).
Alex' 'T".,q,
the time of his trig! fort segueril4 ,
3. That both the first d Embraced i the same title of the Q: Will quasi-recidivism arjse if after conviction for a felony, the second offense
RPC; and committed is punishable,by'specjai
4. The offender is Corre e of.the.new.ofr<Sel(R/3.ei Art. 14(9)). ANS: No. First crime folMhich tpe,,offeWdWis-servirib`agehtence need not be a felony;
Q: Is there recidivismif tbeftaccused M condi
victeor theft that was committed
before a subsequent theft for which.finalludgment had already been rendered?
but the second crime must be07.61ony (REYES, The Revised Penal Code, Book Two,
(2017), p. 184) IhereinaffeME:YES, Book Two].
ANS: No. There is no recidivism if the subsequent conviction is for an offense that was Q: Will quasi-recidivism arise if after conviction for an offense punishable under a
actually committed before the offense involved in the prior conviction (People v. Baldera, special law, the offender shall commit a felony?
G.R. No. L-2390, April 24, 1950). ANS: Yes. It makes no difference in the application of quasi-recidivism whether the
crime for which the accused is serving sentence, at the time of the commission of the
Q: The accused was prosecuted and tried for theft, estafa, and robbery. felony charged, is punished under the RPC or a special law (People v. Peralta, G.R. No.
Judgments for three offenses were read on the same day. Is he a recidivist? 15959, October 11, 1961).
ANS: No. Because the judgment in any of the first two offenses was not yet final when
he was tried for the third offense (REYES, Book One, supra at 390). Q: Who is a habitual delinquent?
ANS: A person shall be deemed to be habitual delinquent when, within a period of ten
Q: When is there reiteracion or habituality? years from the date of his release or last conviction of the crimes of serious or less
ANS: There is reiteracion or habituality when the offender has been previously punished serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of
for an offense to which the law attaches an equal or greater penalty or for two or more said crimes a third time or oftener (RPC, Art. 62(5)).
crimes to which it attaches a lighter penalty. The requisites are:
1. That the accused is on trial for an offense; Q: What are the requisites of habitual delinquency?
2. That he previously served sentence for another offense to which the law ANS: The following are the requisites of habitual delinquency:
attaches an: 1. The offender has been convicted of any of the crimes of serious or less
a. equal, serious physical injuries, robbery, theft, estafa, or falsification;
b. greater penalty, or

218 219
 2. That after that conviction or after serving his sentence therefrom, he again By means of inundation, fire. etc.
committed, and within ten (10) years from his release or first conviction, he
was again convicted of any of the said crimes for the second time; and Q: Distinguish this aggravating circumstance from committed on occasion of a
3. That after his conviction of, or after serving sentence for, the second offense, calamity or misfortune.
he again committed, and within ten (10) years from his last release or ANS: In "by means of inundation, fire, etc.", the crime is committed by means of any of
conviction, he was again convicted of any of said offenses, the third time or such acts involving great waste or ruin, whereas, in "on the occasion of a conflagration,
oftener (RPC, Art. 62(5)). shipwreck, etc.", the crime is committed on the occasion of a calamity or misfortune
(REYES, Book One, supra at 404).
Q: Does habitual delinquency apply to persons who are adjudged to have acted
only as accomplices or accessories? Evidentpremeditation
ANS: Yes. Any person who commits the crimes enumerated in par. 5 of Art. 62, whether Q: What is the essence of evident premeditation?
acting as a principal, accomplice or accessory, will be considered a habitual delinquent ANS: The execution of the criminal act is preceded by cool thought and reflection upon
if the requisites for habitual delinquency are present (People v. San Juan, No. 46896, the resolution to carry out the criminal intent within a space of time sufficient to arrive at
January 15, 1940). a calm judgment (People v. Abadies, G.R. No. 135975, August 14, 2002). The
essence of premeditation is that the execution of the act was preceded by reflection
Q: Can courts choose not to impose the additional penalties for habitual
during a period of time sufficient to arriy94qt a calm judgment (People v. Avila, G.R. No.
delinquents? 201584, June 15, 2016).
ANS: No. The imposition .< f'-‘
1 'T 7•13fyipresc,Vbed by the law for habitual 4,1 .4
Note: It is general rule that evidentipren:i94ation is not applicable in error in personae
delinquents is mandatc, - eoplOrtel e a G R. No L-29316, August 14, 1928). or aberratio ictus, except if there .;Ia0,bqneral plan to kill anyone to commit the crime
) premeditated (People v. Mabug-at,G?R.Mb1-25459, August 10, 1926).
Q: Distinguish habituarlDquejNyir.opzem.
ANS: They can b 'cliatin 'saliedoas follow.,st
1,^ I Tril /A
69 ‘,.

Q: What are the requisites ,f9,5zthe ext5te,nce-of eVide#prenieditation?

‘,.•.
. • . . • . . .. •
Habitual Delinquency • , Recidivisin • ANS: To establish evideApeenneditation, there must be proof 6f: (TAS)
• .• ' 1. The Time whOriii, offender*tirmined to commitihdLcrime,
.
• • As to Crime ciimmitted • ... •.. 2. An Act manifatlygidicatinghKat;t4e culprit has clungltepis determination, and
•
- ',-.4 II 4—.11:1• . . 11 d, on the date 3. A Sufficiery6self,opithe betwepp the determingtion and execution to allow
The crimes lar2necified.‘These-f 'this 'spfficien that they accuse him to49flect upon the,consequerSces of his actAnd Ito allow his conscience to
are serious orless Teri us-Mysical "V
A
-..of-i-Alie trial Rol 13ave lbeEt en previously overcome the resolution of'his vi;Whad he desired to hearken to its warnings
injuries, robbery theft, epaf \ ,---or , co
a-
„\ irri
rnyictetlyai i/judipmerif another crime (kl.)ift ,I. •
falsification 1 e „i3rep.i k.f_h, sanje titl .o the RPC. ....,4
. ‘. fg7.-,
As to the Period of T me the Crimes. are C9mmitted : • , Q: Why is suffic ient of 'time required for the—axistence of evident
-4.• ,!.•, ..,fr 'v.i,,,_
N c-,........_._j.;
-..,,, \
i
premeditation? 1-..-1, .?
„'' 1
ANS: The offender must ha*an opportunfty"coolly and serenely think and deliberate
The offender is fotind gull ,„laittl,iticklire
it ) Rod
.1. .....-- -e--of .me etween the former
ten (10) years from is lastrdrease —conVictionva d thelas conviction is fixed by on the meaning and tbe,..c6fsequence.
....71
s10gyllighs. 19gyed to do, an interval long
enough for his conscience and bgeiludgmentqc,oVetcbma his evil desire and scheme
or last conviction.
07 --,,ra ;.A.
n. .), . (People v. Mendoza, G. NoVV4146-47, March 28, 1952). However, mere lapse of
As to the Number of Crimes Committed • :* •• . time is insufficient to eStablistiievident premeditation. For evident premeditation to be
;.
appreciated, it is indispensable to show concrete evidence on how and when the plan to
The accused must be found guilty The second conviction for an offense
kill was hatched or how much time had elapsed before it was carried out (People v.
the third time or oftener of any of embraced in the same title of the RPC is
Agramon, G.R. No. 212156, June 20, 2018).
the crimes specified. sufficient.
. ..
As to their Effects. Craft, fraud or disguise

An additional penalty is also If not offset by a mitigating circumstance, Q: Define craft, fraud, and disguise.
imposed. serves to increase the penalty only to the ANS: They are defined as follows:
maximum. 1. Craft or astucia involves the use of intellectual trickery or cunning on the part
of the accused to aid in the execution of his criminal design (People v. Juliano,
(REYES, Book One, supra at 734-735) G.R. No. L-33053, January 28, 1980);
2. Fraud or fraude is the employment of insidious words or machinations to
Price. reward or promise induce the victim to act in a manner which would enable the offender to carry
out his design (REYES, Book One, supra at 421);
Q: What is the requirement for the circumstance of price, reward or promise to be 3. Disguise or disfraz involves resorting to any device to conceal identity
considered aggravating? (REYES, Book One, supra at 423).
ANS: To consider this circumstance, the price, reward, or promise must be the primary
reason or primordial motive for the commission of the crime (U.S. v. Gamao, G.R. No.
6942, August 30, 1912).

220 221
Q: Distinguish craft from fraud. 2. That the offender consciously adopted the particular means, method, or form
ANS: Fraud is present where there is direct inducement by insidious words or of attack employed by him (People v. Agramon, G.R. No. 212156, June 20,
machinations, while in craft the act of the accused is done in order not to arouse 2018).
suspicion of the victim. Both are characterized by the intellectual or mental rather than
the physical means to which the criminal resorts to carry out his design (REYES, Book Q: What is important for the appreciation of this aggravating circumstance?
One, supra at 422). ANS: The essence of treachery is the sudden and unexpected attack by an aggressor
Note: Craft and fraud may be absorbed in treachery if they have been deliberately without the slightest provocation on the part of the victim, depriving the latter of any real
adopted as the means, methods, or forms for the treacherous strategy, or they may co- chance to defend himself, thereby ensuring its commission without risk to the aggressor
exist independently (People v. Lab-eo, G.R. No. 133438, January 16, 2002). (People v. Ibanez, G.R. No. 197813, September 25, 2013).
Abuse ofsuperiorstrength Q: What are the current rules for the appreciation of treachery as an aggravating --441ezi
Q: What is the meaning of the phrase "advantage be taken" in superior strength? circumstance?
ANS: It means to deliberately use excessive force that is out of proportion to the means ANS: These are the rules:
for self-defense available to the person attacked (People v. Lobrigas, et. al., GR No. 1. It is applicable only to crimes against persons;
147649, December 17, 2002). 2. The means, methods, or forms need not absolutely insure or result to the
accomplishment of crime;
Q: When can the circumstance of abuseo s per, or strength be considered as 3. The mode of attack must bey popsciously adopted (REYES, Book One, supra
aggravating? at 435).
ANS: It is considerecli4e er,therepis--a=notpls ihquality of forces between the
victim and the aggreger aesessing a superiority afAstreng notoriously advantageous Q: Can treachery exist in a "fac9,itollppb"1a,ttack?
for the aggressor Aic thegcted-6i°t"grer— i alvantggeAcr y him in the commission of ANS: Yes. Treachery should be tekeljiriipiaccRynt even ifAhe deceased was face to
the crime (People "te G R. No 2816-1 ctoSer 3 49,9). face with his assailant at the time tt:176,0*ivv1-61Zaliymostfm appears that the attack
Ifh% was not preceded by a dispute-and tlietegended pgrtVWee':fiirieple to prepare himself for
Q: Distinguish abuse of su erior strenAfrom the circu Malice committed by a his defense (U.S. v. Comeje•
, G.R.
G R No/• 97713 November 20, TOM).
ri II 4
band. 11 \-14-• I 01. e 5
ANS: In "abus et perior trengyi''7,the Re-Vet-den is the taking dvantage by the Q: What are the circupstpqces,absorbecliby treachery?
culprits of thei co I t ive strength tolpiewthreriheir r, latively veakar victim or victims, ANS: Treachery absorbs th-aifellbwing aggravating circumetanCeei(CAN-ACE)
and what is to en iqt aTo t here 16z:` ottffe numb,ept-,)aggiessots nor the fact that 1. Craft;
4
they are armed butt eir ref:e3, e p ys cp 1 4
g v is tVoqehcled party. On the 2. Abysegf Superior Strength;
3.
'
other hand, thk(eirc stan ornmi,ed gly, y'..13,,egpj aprciates1; when more than
three armed nnakfactor dreg cite 's,ti-ti cerrip rativp strepgth of the victim or victims, 4. Aid ofArmedMergl
commit the offense ((People v. pckkans.1 "'A-19491, Aug 'st 30, 1968). 5. Cuadri//a0a4)Zend
;----
r, 6. Employing Means to Weaken thW Defense (See People v. Malig, G.R. No. L-
Means employed t .weaken clef6.'14e - IENT .\- 2083, May 439, 1949 People v.Lsieqtphg, G.R. No. L-9242, March 29, 1957;
X, f f) , w _ ,-ok ''' People v. Par4/6.1R. No. 4,-562 *: *IpeKA,,,1947; People v. Ferrera, G.R.
Q: What is the meaning of srpans to eakente cete,np"? No. L-66965,4qUne 18//987;41P6`6$76V-
ANS: It pertains to situaticinktel ielthe olfpjideLni?t19 ysptileans that materially weaken
,,, VileeR. Nos. L-23511-12, January
31, 1974).
the resisting power of the offendecLpartyl(Peo y„oDUcusin, G.R. No. 30724, August 8, Note: These gerieAaggravating circumstances are absorbed in treachery
1929). since the former are necessarily included in the latter. (REYES, Book One,
Q: Can this aggravating circumstance be applied to all kinds of crimes? supra at 464).
ANS: No. This circumstance is applicable only to crimes against persons and Q: Can treachery co-exist with passion or obfuscation?
sometimes against person and property, such as robbery with physical injuries or ANS: No. One who loses his reason and self-control cannot deliberately employ a
homicide (REYES, Book One, supra at 434). particular means, method, or form of attack in the execution of the crime (People v.
Emperador, G.R. No. 132669, September 25, 2002).
Treachery
/gnominy
Q: When is there treachery?
ANS: Treachery (alevosia) is present when the offender commits any of the crimes Q: What is ignominy?
against person, employing means, methods, or forms in the execution thereof which ANS: It is a circumstance pertaining to the moral order, which adds disgrace and
tend directly and specially to insure its execution, without risk to himself arising from the obloquy to the material injury caused by the crime (People v. Cortezano, G.R. No.
defense which the offended party might make (RPC, Art. 14(16)). 123140, September 23, 2003).

Q: What are the requisites for treachery? Q: What is the meaning of "which add ignominy to the natural effects of the act?"
ANS: The requisites are: ANS: It means that the means employed or the circumstances brought about must tend
1. That at the time of the attack, the victim was not in a position to defend to make the effects of the crime more humiliating to victim or to put the offended party to
himself; and shame or add to his moral suffering (People v. Carmine, G.R. No. 81404, January 28,
1991).
222 223
Q: What are the crimes wherein this aggravating circumstance applies? Aid of persons under.I5 years of age
ANS: It is applicable to the following crimes: Q: What is the purpose of the law in considering the aid of persons under 15
1. Crimes against chastity (REYES, Book One, supra at 470); years of age as an aggravating circumstance?
2. Less serious physical injuries (RPC, Art. 265(2)); ANS: The law tends to repress, so far as possible, the frequent practice resorted to by
3. Light or grave coercion (RPC, Art. 287 (2)); and professional criminals to avail themselves of minors taking advantage of their
4. Murder (U.S. v. De Leon, G.R. No. 9656, August 20, 1915). irresponsibility (REYES, Book One, supra at 475).

Unlawful entry By means ofmotor vehicles. airship, or similar means

Q: When is there unlawful entry? Q: What is the purpose of the law in considering the use of motor vehicles, etc. as
ANS: There is unlawful entry when an entrance (and not escape) is effected by a way an aggravating circumstance?
not intended for the purpose (REYES, Book One, supra at 474). ANS: The law intends to counteract the great facilities found by modern criminals in said
means to commit crime and flee and abscond once the same is committed (Id.).
Q: What is the reason for the aggravation of the crime when committed with
unlawful entry? Q: When is the use of motor vehicles, etc. aggravating?
ANS: One who acts, not respecting the walls erected by men to guard their property and ANS: Use of motor vehicle, etc., is aggrvating when the accused used it in going to the
provide for their personal safetyo,shovV-1 Zaterve ersity, a greater audacity; hence,
su place of the crime, in carrying away,thet fects thereof, and in facilitating their escape
the law punishes him with mere verity (Id. (People v. Espejo, G.R. No. L-27708; December 19, 1970).
t .
Q: Distinguish unlawful e trIpmtlislebird=of4welling. Q: What is the meaning of "or ottrelegnilar means"?
ANS: Unlawful entl isipOlistr . . otn_dizrzggM,o_fi N in that the former ANS: It must be understood as referrf*Ornotorized vehicles or other efficient means
pertains to the me s ay the crime ,aas committedk(REYES, Book One, supra at of transportation similar to automiSbiledAairplane(REYES,Sook One, supra at 465).
471) while the iqfie aim o thelFlackr A.
rzation whelecrme
s1. he
t was committed
(REYES, Book 6ine, supra at 60). ----
4 ,i, ( Cruelty 4,-
Note: Dwelling nd4njawful entry-are-takeeparatelyfhen iccOe ,k gained access to Q: When is there cruelty?
the dwelling b 91'44ito throttgh tn,ekwind#padp cei side, rnurdei.ed certain persons ..,-1
:tg 44, arch 27 935 ANS: There is crueIty.mhtnthe..-0culprit enjoys and delights in making his victim suffer
in the dwelling Peoplv. Bar ga, G:ROV
eaf iz,
slowly and gradually, causingunnecesseryj physical pain in ;the consummation
Consummation of the
-4-: , '
criminal act (People v. Day.ug, G.R. No:425782, September 30,01926)„
Breaking wal , rooefloondb nor-wine/76 .,,
c.,
,i.t.
ft
Q: What is reqti r1red
' Au‘or,''')‘ \ .-
''1
ep breakin or window to be 'It:v, i,..,
Q: What are the requisitetneededjo b&present for cruelty to tb&considered as an
considered as aggravatIng?vS aggravating circumstance?; 1.;.:
ANS: To be conslqered a agg? t0,2„,brea ii-9 musbe utilized as a means to the ANS: The followingVeIhe requisites: 1
commit the crime.qoweve 1 rk-n F, se-61.-- ryttnat<':\‘tiyoffendefshould have entered 1. That the infincautesd be deliberi
eklwingre_ased by causing other wrong;
the building. What aggravatys he, lability, 161 ndefilkth /breaking of a part of a 2. That the otheAWrong beunneceg-41;fdrARe:execution of the purpose of the
building (REYES, BooNn e, epre at 447 N -AV. offender (RPOYArt. 14,0(2V).' '." eY,'-:i
i
, 11 , It" 0-1
Nk'kjil
Q: Distinguish breaking of wall„sof, floor, dcio ',window from unlawful entry. Q: What is the differenceMeen ignominy and cruelty?
ANS: They are distinguished as follows. ANS: Ignominy involves moral suffering while cruelty refers to physical suffering
(REYES, Book One, supra at 485).
Breaking Urilawful 'Entry
Alternative circumstances
It presupposes that there is no It involves is the breaking (rompimiento) or
such breaking . as when an destruction of the enumerated parts of the Q: What are alternative circumstances?
opening, such as a window, is house. ANS: Alternative circumstances are those which must be taken into consideration as
used to enter a place for the aggravating or mitigating according to the nature and effects of the crime and the other
purpose of committing a crime. Note: If the offender broke a window to enable conditions attending its commission (REYES, Book One, supra at 486). Under Art. 15 of
himself to reach a purse with money on the the RPC, the alternative circumstances are:
table near the window, which he took while his 1. Relationship;
body was outside of the building, the crime of 2. Intoxication; and
theft was attended by this aggravating 3. Degree of instruction and education of the offender.
circumstance. It is not necessary that the
offender should have entered the building. Q: When is relationship considered as an alternative circumstance?
ANS: It is considered when the offended party is the spouse, ascendant, descendant,
(REYES, Book One, supra at 476). natural or adopted brother or sister, or relative by affinity in the same degree of the
offender (RPC, Art. 15(2)).

224 225
Note: The Supreme Court, however, in several cases considered the relationship of Q: Distinguish instigation from entrapment.
stepfather or stepmother and stepson or stepdaughter by analogy to that of ascendant ANS: In instigation, the instigator induces the would-be accused into the commission of
and descendant (People v. Bersabal, G.R. No. 24532, December 11, 1925). Further, the the offense and himself becomes a co-principal; while in entrapment, ways and means
relationship of an adoptive parent to an adopted child may also be considered. are resorted to for the purpose of trapping and capturing the lawbreaker in the execution
of his criminal plan (People v. Gayoso, G.R. No. 206590, March 27, 2017). Entrapment
Q: When is intoxication considered as a mitigating circumstance? When is it an is no bar to prosecution and conviction of the law breaker but in the case of instigation,
aggravating circumstance? the accused must be acquitted (People v. Gatong-o, G.R. No. 78698, December 29,
ANS: It shall be considered as a mitigating circumstance if the offender committed the 1988).
felony in a state of intoxication but his intoxication is not habitual or was not done before
the commission of the felony. On the other hand, if the intoxication is habitual or Persons liable and degree apart/el/oat/on
intentional subsequent to the plan to commit a felony, it shall be considered as an Principals, accomplices, and accessories
aggravating circumstance (REYES, Book One, supra at 493).
Q: Who are the persons that can be held criminally liable in grave and less grave
Q: Is lack of sufficient education a mitigating or an aggravating circumstance? felonies?
ANS: As a general rule, lack of sufficient education is a mitigating circumstance in ANS: For grave and less grave felonies, persons acting as principal, accomplice, and
almost all crimes (U.S. v. Reguera.R..No 6639, March 22, 1921). However, there accessory are criminally liable (RPC, Art. 46).
are recognized exceptions t,o,othit rule yvhioh, alt o gh not making it mitigating it also
does not make it aggravatjng, to it: Q: Who are the persons that carytTfig10,criminally liable in light felonies?
1. Crimes againsti PFert s cb.as-arson, ehalpeNobbery; ANS: With regard to light felonies::* principals and accomplices are liable (RPC, Art.
2. Crimes against Chasite"- 16).
3. Treason,Abeca0Vos,.of-coWs`hould‘be aturalc'feeling• of every • citizen .i
howeveMaltgraa ofUncultr he rrAay be; Q: What are the types of principals, ,k. ,
4. Rape FEYES/Booli One, suprd.' Tat 485); and , \ ANS: There are three typez:offiirincipar§, tp wit:
5. Murder, or homicide; to kill is,f4bidden by_latural lavf4-tich every rational 1. Principals by.i.dirett participationil
2. Principals by,IiiNgement; and' ,fi ii d
beingli p-endowed
, to' know and feel (P ogle vg. Laspar as G.R. No. L-46146,
October-28; 979). \<:--;:,11 ,11: (-7'7,1 1 1 3. Principals byt:tridiSf)ansablecoopqation (RPC, Ad: 17).''.
• T,' .. rt7•• L,
1 4.f.• .,'': -4.-!!,,,,
Q: Who is a ITKincipalpy direct participaA9n?
1:',.i.-) ; ri '
Absolutoty causes.4 e

r n . ANS: A princpeby. direot7participption is Ole who dirpitiy„,talsaspartjo.the execution of

Q. Define and give examplks,,,Is klasptiitock* / the act or omission
.., constituting the;crirnO(RPC kt,,441)),5Eve'i4if / he was merely
-,..*,,.,,,6„,-,;,,v,
ANS:Absolutorkcausetkare It*Ise- *Nkare Ithei,c_§ymittes1 is a crime but for reasons induced by another to'••••
commit • the'" riii
onme,,i, , e performance•ofzthe overt acts which by
,,'
of public policy and sentiment thefeAs no.genal imposede(REYES Book One, supra at themselves are adislofrele•e4tion makes Op offender a principal by direct participation
254). Examples oflbsolutaylka`kair 71W R. (People v. Pilola, e.R. No.
, 121i828, 'June 272003).,
• .!;:o V•,. ' --
1. Spontaneoli desist ce ( P rArt,6), tt1

2. Accessories di_as,^1exempt—from cn inal pliability by reason of their Q: When is a person ansideredprinCiPallijedire'Ccparticipation?

a
relationship to theqendecr (RPT.q 4rIt2- 0); The following re qui
ivesites
mu list-
st ncur:
co
concur:
3. Attempted and frustrate .Light felonies P , Art. 7); 1. That he participated infthe criminal resolution; and
4. Slight and less serious phYsTaa injuries inflicted under exceptional 2. That he carried'otitthe plan and personally took part in its execution by acts
circumstances (RPC, Art. 247); which directly tended to the same end (People v. Dacillo, G.R. No. 149368,
5. Trespass to dwelling when such trespass was made to prevent serious harm April 14, 2004).
to himself, the occupants of the dwelling or a third person or rendered some
service to humanity or justice, or entered cafes, taverns, inns, and other public Q: Who is a principal by inducement?
places while the same were open (RPC, Art. 280, par. (3)); ANS: A principal by inducement is one who directly forces or induces others to commit a
6. Persons exempt from criminal liability for theft, swindling, and malicious crime (RPC, Art. 17(2)). He is a principal because although he does not directly perform
mischief by reason of their relationship to the offended party (RPC, Art. 332); the acts of execution, his words of advice or the influence have actually moved the
7. Marriage by the offender to the offended party in cases of seduction, hands of the principal/s by direct participation. Inducement may be by acts of command,
abduction, acts of lasciviousness —applicable to co-principals, accomplices advice, influence, or agreement for consideration (People v. Batin, G.R. No. 177223,
and accessories after the fact. In case of rape, the absolutory cause only November 28, 2007).
applies to the offender who married the offended party (RPC, Art. 344); and
8. Instigation (REYES, Book One, supra at 254-255). Q: When is a person considered a principal by inducement?
ANS: The following requisites must concur:
1. That the inducement be made directly with the intention of procuring the
commission of the crime; and
2. That such inducement be the determining cause of the commission of the
crime by the material executor (People v. Yanson-Dumancas, G.R. Nos.
133527-28, December 13, 1999).
226 227
Q: What are the two ways for a person to become a principal by inducement? Q: May an accomplice be held liable for a crime different from that which the
ANS: A person becomes a principal by inducement: principal committed?
1. By either directly forcing another to commit a crime through irresistible force or ANS: Yes. The accomplice and the principal commit different crimes whenever:
uncontrollable fear, or 1. There are aggravating or mitigating circumstances which arise from the moral
2. By inducing another to commit such crime by giving price, or offering reward or attributes of the offender, or from his private relations with the offended party,
promise, or by using words of command (REYES, Book One, supra at 537- or from any other personal cause (RPC, Art. 62, Rule 3); and
538). 2. Attendance of circumstances which consist in the material execution of the act,
Q: Who is a principal by indispensable cooperation? or in the means employed to accomplish it (RPC, Art. 62; REYES, Book One,
supra at 572-573).
ANS: A principal by indispensable cooperation is one who cooperates in the
commission of the offense by another act without which it could not have been
Q: Who are accessories?
accomplished (RPC, Art. 17(3). ANS: Accessories are those who:
Q: When is a person considered a principal by indispensable cooperation? 1. Having knowledge of the commission of the, crime; and
ANS: The following requisites must concur: 2. Without having participated therein, either as principals or accomplices, take
1. Participation in the criminal resolution, that is, there is either anterior part subsequent to its commission in any of the following manners (PCE):
conspiracy or unity of crimiTialWrcige=ta d intention immediately before the a. By profiting themselves pbassisting the offender to profit by the effects
commission of the nmp‘ chargid; )
of the crime; t Mr ..:,* y.
b. By concealing oOptro .jp,9 the body, effects, or instruments of the
2. Cooperation i9 evcimipission-GT-Tth fferise by performing another act,
without whic 't uld not$hve 'rnTerabco
i plf,shd c YES, Book One, supra crime to preventNonpyoy; or
at 548). c. By harboring, corpeallpgiil assisting in the escape of the principal of
the crime, provi ide0.111t;Accmcry actsfArith abuse of his public
Q: Who is an acporrt I se? functions or .yhOneliWkitiliiiii kfatiOime is guilty of treason,
ANS: An acco Plice isa per on whu, noattiny as prirtcipal, oppepte in the execution parriciderritirder, or an attempt to take the life of the Chief Executive,
of the offense ,y_ogyious 1.11.tan6Or.acts,.....w_laCCh are o inhpensable to the or is known to be habitually guilty of some ott,icrime (RPC, Art. 19).
commission of heAcn e (RP ,z
' A '61 -• R'W 11,1
i'*
, '
Q: When can an accessoryibe:6xempt from if 4 k
l criminal liapilir lit4
Q: When is a pest rsn cons Bred driAcspgpifee?
1414.1
ANS: The follong-regui ust be •'resent:
H % _.,/
ANS: An accessolKy
d.w preventing the disbOvery of a crime or by assisting the principal
to escape, is exempt fr9m,..#riminal regponglilility if the principal is hii:
,..1
1. ThereroiMbe cc pity oti_zderigp3si.e.yrk mpg thecrirTnal design of the 1. Spoligelo . '''' ' ,0,: ,-- 1
principeby di ect atizrfArC9D9.
i) it ith7tter in purpose; 2. Ascendant; or
2. He cooperates in ict e.,,i3_ ti8n o?),tle cifteyise b. previous or simultaneous 3. Descendant;r ey,
-74744 .e.,• -.k .._
acts, wif the intention Imps..lylg ale ,i'd, moral aict in the execution of 4. LegitimateanatUra .ip.c adopted brOher, daughter, sister; or
the crime i an eftta,pi usSey;Tai IAN 5. Relative *affinity ',Within the sar,,degrees (CAMPANILLA, Reviewer, supra
6. There mus e appitioQ:b'etinken'-t b actsdo'cie.,by he principal and those at 272). t.‘
attributed to t es_s_orrcWgedwagatbrprOlibpj(E.!eopie v. Gambao, G.R. No. Note: Accessories falling within 111Wrovilofist'oe-Parag4ph 1 of Art. 19, RPC are not
172707, October w,...2,1,31 ii.tNt's-.. exempted (RPC, Art. 20)f o
Note: To be liable either s a rineipa by/indispensable .cooperation.or.as an
accomplice, the accused mus uni e with the criminal design of the principal by Conspiracy and proposa/
direct participation. The cooperation that the law punishes is the assistance
Q: Distinguish conspiracy as a felony from conspiracy as a manner of incurring
knowingly or intentionally rendered which cannot exist without previous criminal liability.
cognizance of the criminal act intended to be executed (People v. Elijorcle, ANS: Conspiracy as a felony refers to those acts directly punishable by a law—such as
G.R. No. 126531, April 21, 1999 as cited in People v. Jesalva, G.R. No.
conspiracy to commit rebellion under Art. 136 of the RPC. But when the conspiracy
227306, June 19, 2017). relates to a crime actually committed, it becomes only a manner of incurring criminal
Q: Distinguish an accomplice from a conspirator. liability and is not punishable as a separate offense—such as when rebellion is actually
ANS: Conspirators and accomplices have one thing in common; they know and agree committed, the conspiracy is not a felony (REYES, Book One, supra at 128).
with the criminal design. Conspirators, however, know the criminal intention because
they themselves have decided upon such course of action. Accomplices come to know Q: When is there conspiracy?
about it after the principals have reached the decision, and only then do they agree to ANS: The requisites for the existence of conspiracy are: (ACE)
1. That two or more persons come to an Agreement-there was a meeting of the
cooperate in its execution.
minds between the conspirators;
Conspirators decide that a crime should be committed; accomplices merely concur in
2. That the agreement pertains to the Commission of a felony-an agreement to
it. Accomplices do not decide whether the crime should be committed; they merely
assent to the plan and cooperate in its accomplishment. act, to effect, or to bring about what has already been conceived and
determined; and
Conspirators are the authors of a crime; accomplices are merely instruments who
perform acts not essential to the perpetration of the offense (People v. De Vera, G.R.
No. 128966, August 18, 1999)
228 229
 d. Child pornography (Sec. 4 of RA 9775);
3. That the Execution of the felony be decided upon—the conspirators have made
e. Money laundering (Sec. 4 of RA 9160, as amended by RA 10365); and
up their minds to commit the crime (RPC, Art. 8, par. 2; REYES, Book One, f. Terrorism (Sec. 4 of RA 9372).
supra at 131).
Q: When is proposal to commit a felony punishable?
Q: When is there "mere conspiracy"? ANS: Proposal to commit felony is punished in the following crimes:
ANS: There is mere conspiracy when two or more persons have a mere agreement to
1. Treason (Art. 115); and
commit the acts necessary to produce the offense but not the actual execution thereof
2. Coup d'etat, Rebellion or Insurrection (Art. 136).
(People v. Fabro, G.R. No. 114261, February 10, 2000).
Q: Is direct proof required to establish conspiracy?
Q: When is there implied conspiracy?
ANS: Implied conspiracy is one established by circumstantial evidence. Implied ANS: No. Conspiracy as a mode of committing crime is either express or implied.
conspiracy may be proved through the collective acts of the accused, before, during and
(People v. Pepino, G.R. No. 174471, January 12, 2016). Conspiracy proved by direct
after the commission of a felony, all the accused aiming at the same object, one evidence is called express conspiracy. But direct proof of conspiracy is rarely found; for
performing one part and another performing another for the attainment of the same criminals do not write down their lawless plans and plots. (Angeles v. CA, G.R. No.
101442, March 28, 2001).
criminal objective (People v. Agudez, G.R. Nos. 138386-87, May 20, 2004).
Conspiracy can be presumed from and apven by acts of the accused themselves when
the said acts point to a joint purposiiaildesign, concerted action and community of
Q: Differentiate wheel consoracy andichrn conspiracy. interests (People v. Buntag, G.f?,..:'1\19:;;p3070, April 14, 2004). Hence, it is not
ANS: There are two strjuaure of rktiple csinsliiraBes, namely: wheel or circle necessary to show that two or matei,
conspiracy and chain coifspiracy kiarit met together and entered into an explicit
agreement setting out the detailSoCSli",,aqawful scheme or the details by which an
74, ,v illegal objective is to be carried out fgego(e-t, G.R.-; No. 207629, October 22,
A "wheel conspiragy" ocvrs .Den-th-eTrirrsingle,person r group (the hub) dealing 2014). •• tiklr
individually with tviLearlripte other prpoWor,groups1 (th'eipplelskThe spoke typically
interacts with therhunia)her than with anoTtlerSpoke. lilthe'evOnt tn.* tile spoke shares -
. siagle consp racy.Vtdr, in the instances Q: What is the quantanVof proof reauiced to establish conspiracy?
a common purplose to ucce9d, there is5
e success of thelor okes, there are ANS: Similar to the pgiic01 act constituting the crime itself' theelements of conspiracy
when each sp.pl,ois nconcerne must be proven beyoriCkearial516doubtOPeop/e v. Comadre, G,R. No. 153559, June
multiple conspries. 8, 2004). Although_drect R,roof,1.is not essAtial, conspiraCy must be shown to exist as
1 '''-1 clearly as the,cOmmission of the offense itself (BOADO, supratat 74),
A "chain consplrac Zi on the4 er ste when thRis sticcesSi e communication e„,v
and cooperatiob jritirnp‘gh t q,:sv-szway. ;a with legitirn teibusiness, o erations between Nr.CItt.W5S4''
r:_. Ar / / . # N Q: To be liableTfor conspir,acy, what should a conspiratorinec psSaiily do?
manufacturer arid,Whalesalgt en pllo esalar-Aax etailer, and then retailer and
ANS: Except fortilerKiaVrmind'1(,it ishecessary thd:af.4`-'cbriSpirator should have
consumer (Est4da v. SaudigYnla:,a)/ . N6nr48$'6 February 26, 2002).
performed some overt act ast a direrct oroindirect contribution to the execution of the
‘ crime committed (BOADO, supra at 77). Ttietoyprt,Fcts may consist of the following:
Q: When is there aliroposaVo oNmiiIV, 1. Active participAtionlin the actualIl commission of the crime itself;
ANS: The elements ofpropodskt nim dlo are: 'c>„,,,
2. Moral assistance to his.f.§-.Cddstilfator§:iiSitiaing7aresent at the commission of
a'fgalit.apd
1. That a persoNV039jdpirtotcommit,
person or persons (RPC, Art. 8; the crime; or * pti
2. That he proposesc 3. Exerting moraN,:ascOdan
REYES, Book One, supra cy over the other conspirators (Mangangey v.
Sandiganbayan,VRMos. 147773-74, February 18, 2008).
Q: Is mere conspiracy or proposal to commit a felony punishable? Note: Thus, mere presence at the scene of the crime at the time of its commission is
ANS: As a general rule, they are not punishable because they are mere preparatory not, by itself, sufficient to establish conspiracy. Nor does mere knowledge,
acts However, exceptionally, mere conspiracy and proposal to commit crimes are acquiescence, or approval of the act, without the cooperation or agreement to
punishable only in the cases in which the law especially provides a penalty therefor. cooperate, is enough to constitute one a party to a conspiracy. There must be
intentional participation in the transaction with a view to the furtherance of the common
(RPC, Art. 8). design and purpose (People v. Gonzales, G.R. No. 128282, April 30, 2001).
Q: When is mere conspiracy punishable? Q: What is the effect when conspiracy is proved?
ANS: The law specifically punishes mere conspiracy in the following crimes:
ANS: The conspirators shall incur collective criminal responsibility such offender shall
1. Under the Revised Penal Code:
be liable for all of the acts committed by his co-conspirators. The "act of one is the act of
a. Treason (Art. 115); all" (Estrada v. Sandiganbayan, G.R. No. 148965, February 26, 2002).
b. Coup d'atat, Rebellion or Insurrection (Art. 136); Note: The Court held that the mere fact that a superior signed a government transaction
c. Sedition (Art. 141); and
does not automatically mean that he is part of the conspiracy of his subordinates. This is
d. Monopolies and combinations in restraint of trade (Art. 186).
known as the Arias doctrine— "All heads of offices have to rely to a reasonable extent
2. Under Special Laws:
on their subordinates and on the good faith of those who prepare bids, purchase
a. Espionage (Sec. 5 of C.A. 616); supplies, or enter into negotiations." (Arias v. Sandiganbayan, G.R. Nos. 81563 &
b. Crimes involving trafficking of dangerous drugs (Sec. 26 of RA 9165); 82512, December 19, 1989).
c. Arson (Sec. 7 of PD 1613);

230 231
 `'4;7`.
e. io

Q: What is the liability of a conspirator for acts performed by his co-conspirators Q: In what situations may a penal law be given retroactive effect?
before he joined the conspiracy? ANS: The favorable retroactive effect of a new law may find the defendant in any of
ANS: If the anterior acts were the beginning of a felony which was consummated after these situations:
he joined the conspiracy, he is liable for those anterior acts. If those prior acts were 1. The crime has been committed and prosecution begins;
separate felonies and unrelated to those committed after his joining the conspiracy, he 2. Sentence has been passed but service has not begun;
is not liable for those preceding acts (REGALADO, Criminal Law Conspectus (2009), p. 3. The sentence is being carried out. (REYES, Book One, supra at 605).
40) [hereinafter REGALADO, Criminal Law].
Classification
Q: What happens when a person, in conspiracy with others, had desisted before
Q: How are penalties classified under Art. 25 of the RPC?
the crime was committed by the others? ANS: Penalties are classified as:
ANS: If a conspirator dissuaded his co-conspirator from committing the crime agreed 1. Principal Penalties- those expressly imposed by the court in the judgment of
upon (People v. Nuriez, G.R. Nos. 112429-30, July 23, 1997), or made an effort to conviction:
prevent the commission of the crime (People v. Anticamaray, G.R. No. 178771, June 8, a. Capital punishment (Death);
2011), he is exempt from criminal liability because he detached himself from the b. Afflictive penalties (reclusion perpetua, reclusion temporal, perpetual or
conspiracy (CAMPANILLA, Reviewer, supra at 71).
temporary absolute disqualification, perpetual or temporary special
seof a N
special complex crimes like disqualification, prisicarfig or);
Q: What is the liability of the 6451rt9a.7.' d. Correctional pshAltiSst, (prision correccional, arresto mayor,
robbery with homicide?
Vopr
oreason,or l'esio
ocpa • of robbery, all those who suspension, desge40)0410 ,
ANS: When homicidejs c e. Light penalties (spieWkSnyr, public censure)
took part as principalsgAth ery would also be heleflablertorincipals of the single
Note: Penalties commonIto'Nt#16cipApenaltiescept death: fine and bond
and indivisible felopSf of4c9 ittrhornicicie-althauMOid
g t actually take part in
ars tl- gt thy' eravoFed t• e ef the same (People v. to keep the peace (RP9fAiti2gAtine60,09ofti•posed as a single or as an
the killing, unlessitkrearl alternative penalty0i&
Diu, G.R. No. 201449M 2013)...ci da&irdirgthlArt. 26 of the RPC, as
amended; r .;
i. Afflicgye Penalty: iffistc.'eXpeeds P1,200,000/
Q: What is the l "ill of the o ,en ers in case o. multiple rf rjak Correctional
, ly for the rape cognitted by him but ' Penalty: if *does not exceed P1,200,000 but is not less
ANS: Each of hesciefendantslis retliAsiblptrkb17611 than1P40,009
also for those ed by o hers (IPOoe*v,, --plirrad, G.R. Nok.1438361-63,
J
December
iii. L°'fight Penalty: if it Oe,less-;than P40,000.(RPC, Art 26 as amended by
3, 2002). ,:2 0 1' ,--%
,_).—
f4:\ AR.A No10951, Sec. 2). g
:d, 0. (ir,l, ,., • 2. AccesSory.Penalties- those th4&are deeMe0Mnoltilled7in,Ithe imposition of
Q:,Are accessories evm ke fTctin Rgn- trp..i=, !ayy"ty_ nde , Art.'29 of the RPC also
1
principal pen_altise f, a reP „.
exempted frornIpunishTent gde 4 tID:
0...1.8 kgtr ctiop.ofJusetice Law)?
' 8291.9y,,
a. PerujuarOtilempor4ry aligOlute disqualification;
x ptetynde'A . 20 gpthe RPC, he or she may still
ANS: No. when All accessory i I b. Pekefiial ortemporary special disqualification;
be held liable as krincipalvd 1.4 fr. , Be.c l. The benefit of exemption is not
c. Suspension/from public Oli:86.1the right to vote and be voted for, the
available in P.D. 1829J2 FE l pbbithil>lena aws 0 • 'n Ilaw Reviewer, (2014),
profesd18n'br
p.167) [hereinafter 2 FESTIAT) 6viewer1 -Ss_
d. Civil interdiction"'s,
e. Indemrijkcationl
C Penalties f. Forfeittlreinfiscaflon of instruments and proceeds of the offense;
Penalties that maybe imposed and retroactive effect of penal laws and
g. Payment of costs.
Q: What is penalty?
ANS: Penalty is the suffering that is inflicted by the State for the transgression of a law Q: What is the current rule regarding death penalty?
(REYES, Book One, supra at 597). ANS: The imposition of death penalty is now prohibited by R.A. 9346 of 2006. In lieu of
death, the following penalties shall be imposed:
Q: What penalty may be imposed for the commission of a felony? 1. The penalty of reclusion perpetua, when the law violated makes use of the
ANS: As a general rule, only that penalty prescribed by law prior to the commission of nomenclature of the penalties of the RPC; or
the felony may be imposed (RPC, Art 21). Felonies are punishable under the laws in 2. The penalty of life imprisonment, when the law violated does not make use of
force at the time of their commission (RPC, Art 366). the nomenclature of the penalties of the RPC (R.A. 9346, Sec. 2).
Note: But as an exception, the penalty prescribed by a law enacted after the Note: Persons convicted of offenses punished with reclusion perpetua, or whose
commission of the felony may be imposed, if it is favorable to the offender (RPC, Art. sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be
22),except if the offender is a habitual criminal under Rule 5 of Art. 62, and the new law eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence
is expressly made inapplicable to pending actions or existing causes of action. (REYES, Law, as amended. (R.A. 9346, Sec. 4)
Book One, supra at 610).

232 233
Q: Is public censure a penalty? 3. As penalty for the concubine in concubinage (RPC, Art. 334); and
ANS: Yes. It is a penalty, and being such, is not proper in acquittal. If the accused is 4. In cases where after reducing the penalty by one or more degrees, destierro is
acquitted, the court has no authority to censure him, because censure, no matter how the proper penalty (REYES, Book One, supra at 623).
light a punishment it may be, is repugnant and essentially contrary to an acquittal (El
Pueblo de Filipinas v. Abellera, G.R. No. 46747, February 24, 1940). Q: When is there preventive imprisonment?
ANS: The accused undergoes preventive imprisonment when the offense charged is
Q: How are penalties classified according to their gravity? non-bailable, or even if bailable, he cannot furnish the required bail (RPC, Art. 29).
ANS: They are classified as follows:
a. Capital; Q: How is preventive imprisonment computed?
b. Afflictive; ANS: Offenders or accused who have undergone preventive imprisonment shall be
c. Correctional; and credited in the service of their sentence consisting of deprivation of liberty, with the full
d. Light (REYES, Book One, supra at 618). time during which they have undergone preventive imprisonment if the detention
prisoner agrees voluntarily in writing after being informed of the effects thereof and with
Q: How are principal penalties classified? the assistance of counsel to abide by the same disciplinary rules imposed upon
ANS: According to their divisibility: convicted prisoners. If the detention prisoner does not agree to abide by the same
1. Divisible - those that have a fixed=dLu:ation and are divisible into three periods disciplinary rules, he shall do so in writingTith the assistance of a counsel and shall be
(minimum, medium, maxinpi). credited in the service of his sente,p,cpAitli four-fifths of the time during which he has
2. Indivisible - are those that haven fipidujatipnr4eath, reclusion perpetua, undergone preventive innprisonmegaVVWk9ver an accused has undergone preventive
s disitalificationi, &public ensure. (Ibid)
perpetual or ayssoffa imprisonment for a period equal tot the; maximum imprisonment of the offense
charged to which he may be sentenced case is not yet terminated, he shall be
Duration and effects Nes.> released immediately without they the trial thereof or the
Q: Enumerate itre4aS9on of penayies odefthe RF:C. proceeding on appeal, if thVsamq44:itfiderA4AWADOnputation of preventive
ANS: Under Art. 27 °ripe RPp, the dtiraticrLortlie penalties svh imprisonment for purposwirimmediate release shall belheVtual period of detention
1. Reclusfourpetue• 211 years:;390111...dayloAo years, with good conduct tirOallgwance: JiiroytOed, however, thAikthe accused is absent
NotelAlthalgh under Art„.3.7-of te,RPO,,as arliendedp.R4A. 7659, reclusion without justifiable cause aVAny stag&Of tri,e trial, the court‘mOylpotu proprio order the
perpitua hq a range of firteire gp)y9Afs an4 one (1)1day totforty (40) years, re-arrest of the accu4,9ARROA-Alt. 29, as amended by R.Aft 105921.
by niturA, Ile p,nalt t rernainsTosia7sintle an -indivisible penalty. It cannot be ,404.
/ . ' ovio, G. No. 139332, June
dividgd iiittl pen ctsiia equal-paioris-(Reop/ Q: Must credit of preventive imprisonment from thelinal sentence be considered
30, 2003)-0 ‘,.,
e:) in perpetualipenaltieVIA.%
tl I Pc.!t „ co.4,
2. Reclusen temporat_.< yeap; ANS: Yes. Arti129 of the RPC does,, not liake any dttagtripilt,b,,e, ,,
kween temporal and
W
3. Prisioneayeand Tempslray. 9isqufilgic,ationj years„and 1 day to 12 perpetual penaltips,Thu,soyen the accused is sentencedsto-life imprisonment, he is
years, except when ter)pVy_clialifcation isAmposectijas an accessory entitled to the fulartigo'orl45 of „the AO of the preventive imprisonment (U.S. v.
penalty, iklurationNellt7OWe. enaltyi Ortencio, G.R. No. L-13427, 401y 15, 1914,4„. ,
4. Prision cortesciojle4Sue. !7tstierkolomonths and 1 day to 6 Note: Credit for preventiveim'prisonmerl*A4m0y of reclusion perpetua shall be
years, excepfft&_sCisp5nsiorys mostkAaNerraccessory penalty, its deducted from thirty (30Nears 031;4‘,S10592gSed1:146MAP
duration shall be thaLketbe pnnpipl ‘r- OP'
5. Arresto mayor 1 moeith,and 11:la o,6,months; Q: Who are the offendeRNsuit entitled to the full time or four-fifths of the time of
6. Arresto menor 1 day to 30 days; and preventive imprisonment
7. Bond to keep the peace: The bond to keep the peace shall be required to ANS: They are:
cover such period of time as the court may determine. 1. Recidivists or those convicted previously twice or more times of any crime;
2. Those who, upon being summoned for the execution of their sentence, failed
Q: Is the penalty of life imprisonment the same as reclusion perpetua? to surrender voluntarily;
ANS: No. Life imprisonment should not be interchanged with reclusion perpetua. Life 3. Habitual delinquents or those who, within a period of ten years from the date
imprisonment, which has no fixed duration and without accessory penalties, is the date of his release or last conviction of the crimes of serious or less
imposable for violation of special laws. On the other hand, reclusion perpetua, which serious physical injuries, robbery, theft, estafa, or falsification, he is found
has a fixed duration and with accessory penalties, is imposed for violations of the RPC guilty of any of said crimes a third time or oftener;
(BOADO, Compact Reviewer, supra at 131). 4. Escapees; and
5. Persons charged with heinous crimes (RPC, Art. 29, as amended by R.A. 10592)
Q: In what cases is destierro imposed?
ANS: Destierro is imposed in the following instances: Q: What are the effects of perpetual or temporary absolute disqualification for
1. Serious physical injuries or death under exceptional circumstances (RPC, Ad. public office?
247); ANS: These penalties produce the following effects:
2. In case of failure to give bond for good behavior (RPC, Art. 284); 1. The deprivation of the public offices and employments which the offender may
have held even if conferred by popular election;

234 235
 2. The deprivation of the right to vote in any election for any popular office or to Q: Can the courts dispense with the use of proper nomenclature of penalties?
be elected to such office; ANS: No. It is necessary for the courts to employ the proper legal terminology in the
3. The disqualification for the offices or public employments and for the exercise imposition of penalties because of the substantial difference in their corresponding legal
of any of the rights mentioned; effects and accessory penalties. The appropriate name of the penalty must be specified
Note: In case of temporary disqualification, such disqualification as is as under the scheme of penalties in the RPC, the principal penalty for a felony has its
comprised in paragraphs 2 and 3 of this Art. shall last during the term of the own specific duration and corresponding accessory penalties (Zapanta v. People, G.R.
sentence. No. 170863, March 20, 2013).
4. The loss of all rights to retirement pay or other pension for any office formerly
held. (RPC, Art. 30). Q: What happens to the proceeds or instruments of the crime?
ANS: Every penalty imposed carries with it the forfeiture of the proceeds of the crime
Q: What are the effects of perpetual or temporary special disqualification for and the instruments or tools used in the commission of the crime. The proceeds and ""1114141
public office, profession or calling? instruments are confiscated and forfeited in favor of the Government, unless they be the
ANS: These penalties produce the following effects: property of a third person not liable for the offense. Property not subject of lawful
1. Deprivation of the office, employment, profession or calling affected; and commerce, whether it belongs to the accused or to innocent third person, shall be
2. Disqualification for holding similar offices or employments either perpetually or destroyed. (RPC, Art. 45)
during the term of the sentenge,,acc.o WO to the extent of such disqualification
(RPC, Art. 31). Application
RPCarovisions
Q: What are the effects-(rOrtelual.or-tempora specie disqualification for the
exercise of the rightiAsuffrage? Q: What is the penalty for compipcipripwe
ANS: These penal "es15(dvdtjeg th -follegliTreffects:,, ANS: The penalty for the most senotis criine,shall be imposed in its maximum period
(RPC, Art. 48, as amended by kct No4900).. ,
1. Deprive e 'der perpetuallW ding the to ,ofte entente, according
to the , ature said enaltrof:
i. The t to ote in any pop election for any&blic office, or Q: What is the penaltyl-to be imposed.When the crime co mitted is different from
that intended? i,--r: zi• 45
,0r.
ii. t9-;be/elected to such othc,e; and /7" • t
2. Not ez-peEmitted Ito I ffOrd--a6;9 o ice during t period of his ANS: If the penalty fotr;e;elony cammi _64d be higher than the penalty for the offense
disq dtibn (RPO Art. which the accuseclOn i
' tendbitio commit the lower pe9altylshali be imposed in its ktiza
maximum period: thepenaillifor the fe181' y committed be tower\than the penalty for
Q: What are pegielf,,c vpf\suspensio'n, from ioffe, profession, or the offense which he,iiikded to cornmtiflthe owrpepeitishall imposed in its
calling, or the cig t-oksuffr maximum peWl. if Iheida) committed alsoconstittik*rtslippVor frustration of
,
ANS: These peryties *dm t o lowm effec another crime, and thelraWiescribRa hi"? ' r penalty for eitherzotthe latter, the penalty
1. Disqualification the off er, dlding su h office or exercising such for the attemptedVifrusVagd;crimershall be imposed in its maximum period (RPC, Art.
N. A9' 't.!r'
professiokor callin or rigfilefis,9 Okiringi _the term ofthe sentence; and 49). o,..
2. The persor%uspen,,d d g- ublic<ifficV.Daltokt hold another having
similar functio s diring-teriod.of.his s sevio (RPC, Art. 33). Q: What is the effect il;:the attendance otaggray.ating.or, mitigating circumstances
or of habitual delinquwcy?
Q: What are the effects of civikin erdic ion?- ANS: Generic and spriftmgdravating circumstances have the effect of increasing the
ANS: This penalty produces the folloiVirg-effals: penalty, without exceedinblair6 maximum provided by law. Mitigating circumstances
1. Deprives the offender during the time of his sentence of rights of parental have the effect of diminishing the penalty accordingly. Habitual delinquency has the
authority or guardianship of any ward; effect not only of increasing the penalty (because of recidivism), but also of imposing an
2. Deprives the offender of marital authority; and additional penalty. (REYES, Book One, supra at 723).
3. Deprives the offender of the right to manage his property and of the right to
dispose of such property by any conveyance inter vivos (RPC, Art. 34). Q: In what cases are aggravating and mitigating circumstances not considered in
the imposition of the penalty?
Q: What are the effects of the penalty of bond to keep the peace? ANS: In the following cases:
ANS: This penalty produces the following effects: 1. When the penalty is single and indivisible (RPC, Art 63);
1. The offender must present two sufficient sureties who shall undertake that the 2. In felonies through negligence (RPC, Art 365);
offender will not commit the offense sought to be prevented, and that in case 3. When the penalty is only a fine imposed by an ordinance;
such offense be committed they will pay the amount determined by the Court; 4. When the penalties are prescribed by special laws (REYES, Book One, supra
or at 749-750).
2. The offender must deposit such amount with the clerk of court to guarantee
said undertaking; or
3. The offender may be detained, if he cannot give the bond, for a period not to
exceed 6 months if prosecuted for grave or less grave felony, or for a period
not to exceed 30 days, if for a light felony (RPC, Art. 35).

236 237
 SI•

Q: What are the rules when the penalty is composed of two indivisible penalties? Q: When are modifying circumstances considered?
ANS: The modifying circumstances are considered only in the imposition of the
ANS: In all cases in which the law prescribes a penalty composed of two indivisible
penalties, the following rules shall be observed in the application thereof: maximum term of the indeterminate sentence (People v. Gabres, G.R. Nos. 118950-54,
1. When there is only one aggravating circumstance, the greater penalty shall be February 6, 1997).
imposed;
2. when there is neither mitigating nor aggravating circumstances, the lesser Q: What is the rule in determining the minimum term of the indeterminate
penalty shall be imposed; sentence under the RPC?
ANS: The law provides that the duration of the minimum term is "within the range of the
3. when there is a mitigating circumstance and no aggravating circumstance, the
lesser penalty shall be imposed; penalty next lower to that prescribed by the Code for the offense", without first
4. when both mitigating and aggravating circumstances are present, the court considering any attendant modifying circumstance (Act. No. 4103, Sec. 1). The ISLAW
shall allow them to offset one another. (RPC, Art. 63; REYES, Book One, leaves it entirely within the sound discretion of the court to determine the minimum
supra at 741) penalty, as long as it is anywhere within the range of the penalty next lower without any
Note: Art. 63 does not apply when the penalty prescribed is reclusion temporal reference to the periods into which it might be subdivided (Jarillo v. People, G.R. No.
in its maximum period to death because such penalty has three (3) periods. In 164435, September 29, 2009).
such case, Art. 64 applies (REYES, Book One, supra at 741). Note: The basis for fixing the minimum term is the prescribed penalty, and not the
_„,„,...................„..._ imposable penalty. Prescribed penalty, Ogle initial penalty provided in the RPC as a
Q: What is the exceptionlAthrFuleithat whirl' , the penalty is composed of two general prescription for the felonies defined therein which consists of a range of period
indivisible penalties, thppenatcannatib4loyeted 'Nti17 degree, regardless of of time (People v. Temporada, G.Rfinp.t7p473, December 17, 2008).
the number of mitigqingebp Va?ces-,pres_elit?
ANS: When a privilygecl.rni*ting circumstancelliKAA68 (as amended by R.A. Q: What are the rules in arriving', :at; the maximum and minimum term of the
itigatitraircumstaricetas 'the effect of lowering the o
9344) or Art. 69ir is presen ).#,Suc indeterminate sentence under a,spec!alTy
ANS: The following rules shalTariplA4,' i.
penalty by one or tvro,de ree than %at PzesoOed b Per e v. Galang, G.R. No. 46
70713, June 29, II i::. L' t. 1. The maximum term Shall not exceed the maximum fiked by said law;
Note: Art. 64, applicable. A 63, Rule 3 should.....0 e ailed (REYES, Book 2. The minimutrNhall not beiess, ihan the minimumrescribed by the special
One, supra at law; and tk 0 Z,
Ne..t'/,11) 10'*4 3. The presence, ofqmitigating ci Cumstance is Irn taterial
I ,_\ (1 FESTIN, SPL
Indeterminate Sentence La (Act:Mx:4 03;:vsamended by Act4o. J ki
4225j Revie pres'upra etr46-.46).
nr.m ., ISLAW) applied in the
9: How is ActiNo. 41p3 or,t111 n'ate-Sentede-Law ( , Aft";
,....., Illustration: .4waezonv dipt,ed of,an offense penalke0yA5014aw. The penalty
imposition of kehire:sp e? prescribed is hot less thaciAix (6),19rs not "
ANS:it dependg Olve412) years. X claims
ith, the mitigating ciwgingre,KK of VOIuntaryligsurrender. ClAdritSec. 1 of !SLAW, for
1. When ke crime is ptkili violations of speciagigle, the, minimum rif4st not be less than the minimum provided
In imposlQg a prison rttenZeo'foa enseunishe„ by the RPC or its
therein and the maximum shNi not be mq,ceil,-994e maximum provided therein. Thus,
amendments, theNourt.4,911eAge 5e ucusecr to an indeterminate
as an example, he mattleitentence tq,Ertnepproeill,for seven (7) to ten (10) years.
sentence the,,mliimm-4kteelvhLiqbaehall 13 ttet# which, in view of the And because he was %evicted ipaefl
attending circdtVantieNrcoUWopefklpp,peed under the rules of the asOkig4laiiviliitillgdifying circumstance can be
considered in the detertninationkThe penalty.
said Code, and tliettzifiimum ftichrstal'IleouVithin the range of the penalty
next lower to that prescribeekby'degoTthe offense; and Q: When is ISLAW mandifbfy?
2. When the crime is punished by a special law ANS: The Indeterminate Sentence Law is mandatory when imprisonment would exceed
If the offense is punished by any other law, the court shall sentence the one (1) year (People v. Lee, G.R. No. L-66859, September 12, 1984),
accused to an indeterminate sentence, the maximum term of which shall not whether
punishable by the RPC or by special laws (Bacar v. De Guzman Jr, A.M. No. RTJ-
exceed the maximum fixed by said law and the minimum shall not be less than 9601349, April 18, 1997).
the minimum term prescribed by the same (Act No. 4103, Sec. 1). Note: If the maximum term of imprisonment is less than one (1) year, the trial court may
Q: What is the rule in determining the maximum term of the indeterminate not impose an indeterminate sentence but straight penalty of one year or less instead
(Guinhawa v. People, GR No. 162822, Aug. 25, 2005).
sentence under the RPC?
ANS: The maximum term of the indeterminate penalty is "that which, in view of the Q: Under what circumstances is the ISLAW not applicable?
attending circumstances, could be properly imposed under the Rules of the said Code" ANS: It shall not apply to: (DTEP-HEV-1FU)
(Francisco, Jr. v. People, G.R. No. 177720, February 18, 2009). 1. Persons convicted of offenses punished with Death penalty or life-
Note: "Attending circumstances" refer to such circumstances that are applied in imprisonment;
conjunction with certain rules in the Code in order to determine the penalty to be actually Note: The court has equated the penalty of reclusion perpetua as synonymous
imposed based on the prescribed penalty of the Code for the offense (People v. to life imprisonment for purposes of ISLAW (People v. Enriquez, G.R. No.
Temporada, G.R. No. 173473, December 17, 2008). The rules and provisions which 158797, July 29, 2005). Hence, a person punished with reclusion perpetua
must be applied to determine the maximum term of the indeterminate penalty are those is
not entitled to the benefits of ISLAW (1 FESTIN, SPL Reviewer, supra at 31)
provided in Arts. 46, 48, 50 to 57, 61, 62 (except Rule 5), 64, 65, 68, 69, and 71
(REYES, Book One supra at 795).
238 239
 2. Those convicted of Treason, conspiracy or proposal to commit treason; 2. In no case shall the duration exceed 40 years; and
3. Those convicted of misprision of treason, rebellion, sedition, or Espionage; 3. Subsidiary penalties shall be included in applying the three-fold rule.
4. Those convicted of Piracy; Note: However, the subsidiary imprisonment for nonpayment of the fine cannot be
5. Those who are Habitual delinquents; eliminated so long as the principal penalty is not higher than six years of
Note: Recidivists are entitled to an indeterminate sentence (People v. imprisonment (REYES, Book One, supra at 768).
Jaranilla, L-28547, February 22, 1974). An offender is not disqualified to avail
of the benefits of the ISLAW even if the crime is committed while he is on Q: What are the penalties that can be simultaneously served with imprisonment?
parole (People v. Clareon, CA 78 O.G. 6701, November 19, 1982, as cited in ANS: Notwithstanding the three-fold rule, the following penalties shall be simultaneously
Bacar v. De Guzman, Jr., A.M. No. RTJ-96-1349, April 18, 1997). served with imprisonment.
6. Those who shall have Escaped from confinement or evaded sentence; 1. Perpetual Absolute Disqualification;
7. Those who Violated the terms of conditional pardon granted to them by the 2. Perpetual Special Disqualification;
Chief Executive; 3. Temporary Absolute Disqualification;
8. Those whose maximum term of imprisonment does not exceed one 111 year; 4. Temporary Special Disqualification;
9. Those already sentenced by Final judgment at the time of approval of the law, 5. Suspension;
except as provided in Section 5 hereof (Act No. 4103, Sec. 2). 6. Destierro;
10. When its application is Unfa able.to he accused (People v. Nang Kay, G.R. 7. Public Censure;
No. L-3565, Apri120,..41.9 ). 8. Fine and Bond to Keep the Peace;
Note: The ISLAW will Vorno ply ho4setipePoia ho are given non-divisible 9. Civil Interdiction; and
penalties and destierro ecTuse li
id.pena es q.'anniotp divided in accordance with 10. Confiscation and PaymarititCO4fsA(REYES, Book One, supra at 763-764).
the rules regarding)v. termlpg sentence (REYESIkBis4eNscira at).
Subsidiary imprisonment
Q: AA was conyrstgdp pro osaliti 9 Cornimi,7t treaspn Urkg10 115 of the RPC Q: What is subsidiary impOofiment?iHOW it is applied under the law?
proposal to copmittepaso shall.e pii)lisl'ibd by Pride,' icorrYicional and a fine' ity
ANS: Subsidiary impOpriment is subsidiary personal liabil to be suffered by the
not exceeding hp 5, 00.00 Is ISLAW,Applicable tol ? wi3 Bar) convict who has no property whipteet the fine (mentjoned in paragraph 3, Art.
ANS: No. Thee t is not applied e,thconsi enng the offetwi of ‘ which he was 38), at the rate of one dlyTor.„each amoun2Tquivalent to thp'highest minimum wage rate
convictedispr6osaircomIttee461y4FOWSP . RevieiVesupraat 34). prevailing in the Phibiiinesietlie time ore rendition of,jUdgmak of conviction by the
1 i ',771-Tu. 1; 1
O''''' trial court, subjacao the rules foriA Art. 39 (R.A110159, Sec. 1).
Q: What are tle oioditiorl-s-rocparoleIrripifts . sed on a rFa ise prisoner? 1
14.03V '1,74-
ANS: Every p is geOelekrn c fie e t °nip rale bylvirtua this Act shall, at Q: Is subsidiary •=impriioitmeht,van ar.fOssory ljetaW.y.rNdli'i]i§' automatically
such times and rAtfc tk\t, manes Sir d/ he conditions of his parole, as imposed upon-the accuses!?
may'be designated by he ski 40oselreporti personally to such ANS: No. SubsiCliaryi knplisahment is `not an accessory penalty and therefore, the culprit
government offidials • or other\ OP a,ua ers e afterja'ppointed by the Board of v:= A
cannot be made toqn-dergo,subsidiary imprisonment unless the judgment expressly so
Indeterminate Seravice fa'r\p,e&d ' e iuwill uc ecVialent to he remaining portion provides (People v. FajordoAR. No. L-4$46.6ympy_2_5, 1938).
of the maximum sent nce 1 cs po im)or ntilofina,Tease and discharge by the
- herein p itirtf o .4103, Sec. 6).
Board of Indeterminate a ence-alherein.prov
..„,i) Q: Can an insolven%onvIcne- compelled to suffer subsidiary imprisonment
Ni , t
Q: When may the Board issue4jkal ce • ificofodischarge?
because of his failurelptpanthe fine when the judgement of conviction does not
provide for the same?
ANS: If during the period of survellialibernthli aroled prisoner shall show himself to be ANS: No. An accused cannot be made to undergo subsidiary imprisonment in case of
a law-abiding citizen and shall not violate any of the laws of the Philippine Islands, the insolvency to pay the fine imposed upon him when the subsidiary imprisonment is not
Board of Indeterminate Sentence may issue a final certificate of release in his favor, imposed in the judgment of conviction (Ramos v. Gonong, G.R. No. L-42010, August
which shall entitle him to final release and discharge (Act No. 4103, Sec. 6). 31, 1976).

Three-fold rule Q: When is subsidiary penalty not applicable?

Q: What is the rule on successive service of sentences under the RPC? ANS: Such penalty does not apply:
ANS: In the imposition of the penalties, the order of their respective severity shall be 1. When the penalty imposed is higher than prision correccional;
followed so that they may be executed successively or as nearly as may be possible, 2. For failure to pay the reparation of the damage caused, indemnification of the
should a pardon have been granted as to the penalty or penalties first imposed, or consequential damages, and the costs of the proceedings;
should they have been served out (RPC, Art. 70). 3. When the penalty imposed is fine and a penalty not to be executed by
confinement in a penal institution and which has no fixed duration (REYES,
Q: What is the 'three-fold rule' in the service of penalties? Book One, supra at 652).
ANS: When the convict has to serve at least four sentences, the following rules shall
apply:
1. The maximum duration of the convict's total service of sentence shall NOT be
more than three (31 times the length of time (3-fold) corresponding to the
most severe of the penalties imposed upon him;

240 241
Graduation of Penalties Q: What are rules regarding execution and service of penalties in case of insanity
Q: In cases in which the law prescribes a penalty lower or higher by one or more or imbecility?
degrees than another given penalty, what graduated scale of penalties shall ANS: The following are the rules as provided in Art. 79 of the RPC:
1. When a convict becomes insane or imbecile after final sentence has been
courts observe?
ANS: Under Art. 71 of the RPC: pronounced, the execution of said sentence is suspended only as regards the
Scale No. 1 personal penalty;
2. If the convict recovers his. reason, his sentence shall be executed unless the
1. Death
penalty has already prescribed;
2. Reclusion perpetua•
3. Even if while serving his sentence, the convict becomes insane or imbecile, the
3. Reclusion temporal
aforementioned rules shall be observed; and
4. Prision mayor
4. Despite the existence of insanity or imbecility, the payment of civil or pecuniary
5. Prision correccional
liabilities shall not be suspended (REYES, Book One, supra at 837).
6. Arresto mayor
7. Destierro
Probation Law (P.D. No. 968, as amended by R.A. 10707)
8. Arresto menor
9. Public censure Q: Who are disqualified to avail the benefits of probation?
10. Fine ANS: The following are disqualified frommeiling the benefits of probation: (6-SP2A2DE)
Scale No. 2 1. Those who have been se9tefttedfto serve a maximum term of imprisonment of
1. Perpetual absojri more than six L61 years;
2. Temporary abk 2. Those who have been44nVipt0Of Subversion or any crime against the
3. Suspensi5,4 e voted for, and the national security or publio170.17g0
professignr 3. Those who have been Pre9.44,:yeoriVi9ted by al judgment of an offense
4. Public cens punished by imprisonment bltrildre'thaitti4Vrrig0:is and one (1) day and/or
5. Fine a fine of more tharf one thousandlpesos (P1,000:00)
4. Those who tpVe once been!pladed on Probation under the provisions of this
?"---,A. Decree; and
Q: Is "death" stilloingluded in thcitt4tren in,ths-gralduatioI pfpenalties?
ANS: No. "DO-17N utilizec‘in Ark ,71 .f itle4,RPC hall no Ipngilform part of the 5. Those who rtare'(;iAlready servag sentence at the time the substantive
equation in t*,,graduatio o pengges^111 Court 71d.tha, ircanipot find basis to provisiprOOf thiODecree becalm applicable pursuant 'to Section 33 hereof
conclude that R.A. 3,16 r lqr;Oed_to_reral e_ope 4:-.'Affects of t e death penalty in (P.D4988, Sep.4 as amended .A. 10707)i`
the graduation p.,f(t 'tiler •dhalfes in offal la s ded6p/e G.R. No. 166401, 6. Thos4Who,Apriealed-i,does noei4ply to qinqr,offenderchild in conflict
\...../ -
October 30, 20%6). .4, .<6,'- with the law an apply for,probatian ANYTIME;(R:A. 42);
s-c.r' 7. Those copyidie'diaDruglraffickigror drug pushiVig20A 9165, Sec. 24); and
Accessory Penalties 8. Those convicted Electibn offenses under the Omnibus Election Code
N. ir li'
S_C-rt (Omnibus'Eleption Code, Sec. 20),,,,T,,Tp
Q: What are the accessorype he uwier be-12Pe? Note: By implication, those wldrOre:Pnot7t0s,qualified shall be considered
ANS: The following ailAcces9 naitier "probationableApon juddefneliTediQiCtiofiP,',14
1. Perpetual or tempza lisolutedipqRalfig fp f. A4i
2. Perpetual or tempoTarmpecial ill jigalifipilion, Q: What are the rules on,„ganting probation?
3. Suspension from public offitei-ihe.rightlo vote and be voted for, the profession ANS: The Probation Law rihtiVides the following guidelines:
or calling; 1. Probation may be granted only when the sentence imposes a term of
4. Civil interdiction; imprisonment or a fine.
5. Indemnification; 2. After conviction and sentence is rendered for a probationable penalty, the
6. Forfeiture or confiscation of instruments and proceeds of the offense; and defendant may apply for probation within the period for perfecting an appeal, in
7. Payment of costs (RPC, Art. 25). which case the right to appeal is deemed waived.
3. The trial court shall then suspend the execution of said sentence and place the
Execution and Service defendant on probation for such period and upon such terms and conditions as
Q: When does a judgment of conviction become final and executory? it may deem best.
ANS: Section 7 of Rule 120 of the Rules of Court provides that a judgment in a criminal 4. No application for probation shall be entertained or granted if the defendant
case shall become final: has perfected the appeal from the judgment of conviction.
1. After the lapse of the period for perfecting an appeal -15 days from a. However, when a judgment of conviction imposing a non-probationable
promulgation of the judgment or from notice of the final order appealed from; penalty is appealed or reviewed, and such judgment is modified
2. When the sentence has been partially or totally satisfied or served; through the imposition of a probationable penalty, the defendant shall
3. When the accused has waived in writing his right to appeal; or be allowed to apply for probation based on the modified decision before
4. When the accused applied for probation. such decision becomes final.

242 243
 b. The application for probation based on the modified decision shall be Q: What are the conditions required to be included in the grant of probation?
filed in the trial court where the judgment of conviction imposing a non- ANS: Every probation order issued by the court shall contain conditions requiring that
probationable penalty was rendered, or in the trial court where such the probationer shall:
case has since been re-raffled. 1. Present himself to the probation officer designated to undertake his
5. In a case involving several defendants where some have taken further appeal, supervision at such place as may be specified in the order within seventy-two
the other defendants may apply for probation by submitting a written (72) hours from receipt of said order; and
application and attaching thereto a certified true copy of the judgment of 2. Report to the probation officer at least once a month at such time and place as
conviction. specified by said officer (P.D. 968, Sec. 10).
6. An order granting or denying probation shall not be appealable (P.D. 968, Sec.
4, as amended by R.A. 10707). The court may also require the probationer to:
1. Cooperate with a program of supervision;
Q: Pedro Santos applied for probation. However, the court denied his application 2. Meet his family responsibilities;
because the maximum term of his sentence is more than 6 years. Pedro Santos 3. Devote himself to a specific employment and not to change said employment
appealed to the Court of Appeals for the denial of his application. He alleged that without the prior written approval of the probation officer;
his sentence should be reduced because of the presence of mitigating 4. Undergo medical, psychological or psychiatric examination and treatment and
circumstances. Will the appeal prosper enter and remain in a specified,lastitution, when required for that purpose;
ANS: No. An order granting robatio hall not be appealable (P.D. 968, 5. Pursue a prescribed secujar4141 or vocational training;
Sec. 4, as amended by R.Ar1070Z). U I 6. Attend or reside in a facIlitY-i'ltOltshed for instruction, recreation or residence
-...„.... ,-, of persons on probation
/4"-C s a icatio0cor probation is denied,
Q: Based on the above question, if Pedro's 7. Refrain from visiting hotkeS?:dfliqipute;
can he then appearht4or15.tipn-to-th7C- dUrt-otAp eat?
.c, . -.. \1...-, ,A 8. Abstain from drinking intoxicating beverage to excess;
ANS: No. The filipk6;/4applicatiorgor plpbation shall be,ciee a waiver of the right 9. Permit to probation officer era authorized to visit his home and
to appeal (P.D. 968, Se V4, asT amencred.4:T1610707). place or work;,
11 Cr) 1 10. Reside at premises approvectby it and not to change is residence without its
Q: May a pe46 .1 -nonvictiTd upon •ii01'
oaf judgemept an sentenced to a non- prior written 40-psoyal; or "
probationabl penal apply faTiVti/atiorrdriilh-6 gripund that his sentence should 11. Satisfy any4gtherpSadition relatedjto the rehabilitOtiop o the defendant and
bereduced bncaud the trial coUrtlakledgOtOonsider ,mitigating circumstances? not undulY:restriCtiVe;gf,his libe or incompatible witt!i his freedom of
What is the e 6.114)1 is app101on aitpio ation? ,c.,/ conscience .D. 968,' Sec.10).
ANS: No. Th rnie talft‘is\kol. imprppe.11: p eipdant sOulijohave appealed his .3am-
conviction. Ha 'his ) aropeakfrA is pp dotipp9,esp, ranted, andthe judgement is Q: Is grantingfprobation person nOdI Squalifie&underAhellaW
pe
ATV
an automatic
modified, he wo ,Id hale it(V2t app Nct94-Nprobation based on the modified or ministerial functioffaistthe courts?
P::
decision before such decision ‘b96oze_s„fipal (pOlieares, People, G.R. No. 182748, ANS: No. Probatiouslatpnvilege and its mrit rests upon the discretion of the court.
December 13, 20k. However, IbAus--th.'WEI4fender kias takeOn improper remedy, The discretion is exercised priMarily for theURRfit,of society as a whole and only
11' 1\1 1-"-".
the application shalke disyirs'sed.."-Flis_appli ' plobatjpn having been denied,
atWor secondarily for the persoh4A'vantage °Oltagit 17(tArn ym andy v. People, G.R. No.
both the judgement of Zonvictio‘p-aircrthe.decision de0005eggrant of probation cannot 76258, May 23, 1988).er
be appealed from (P.D. 6t -Sdc)1. , as a`m,,ehdAVIRX 10707).
IVI fi
4
Q: What is the period fOr:Kowntion?
Q: What are the criteria considere fdrplacing an offender under probation? ANS: The period of probAbh-of a defendant sentenced to a term of imprisonment of not
ANS: In determining whether an offender may be placed on probation, the court shall more than one year shall not exceed two years, and in all other cases, said period shall
consider: not exceed six years (P.D. 968, Sec. 14).
1. All information relative, to the character, antecedents, environment, mental Note: When the sentence imposes a fine only and the offender is made to serve
and physical condition of the offender; and subsidiary imprisonment in case of insolvency, the period of probation shall not be less
2. Available institutional and community resources (P.D. 968, Sec. 8). than nor to be more than twice the total number of days of subsidiary imprisonment as
computed at the rate established, in Art. 39 of the RPC, as amended (P.D. 968, Sec.
Q: What instances would cause the denial of the application for probation? 14).
ANS: Probation shall be denied if the court finds that:
1. The offender is in need of correctional treatment that can be provided most Q: When can a probationer be arrested?
effectively by his commitment to an institution; ANS: The probationer can be arrested at any time during probation, by virtue of a
2. There is undue risk that during the period of probation the offender will commit warrant of arrest, when he violates any of the conditions of his probation (P.D. 968, Sec.
another crime; or 15).
3. Probation will depreciate the seriousness of the offense committed (P.D. 968,
Sec. 8).

244 245
 "`"454S:5;:i§r4

Q: How is probation terminated? Q: Who are subject to intervention programs?

ANS: After the period of probation and upon consideration of the report and ANS: The following children who are exempt from criminal liability shall be given
recommendation of the probation officer, the court may order the final discharge of the appropriate tertiary intervention programs:
probationer upon finding that he has fulfilled the terms and conditions of his probation 1. Those taken into custody who are fifteen (15) years old or below; and
and thereupon the case is deemed terminated (P.D. 968, Sec. 16). 2. Those above fifteen (15) but below eighteen (18) years old and found to have
acted without discernment (IRR of R.A. 9344, Rule 39).
Q: What are the effects of the termination of probation?
ANS: The final discharge of the probationer shall operate to restore to him all civil rights Q: What is a diversion program?
lost or suspended as a result of his conviction and to totally extinguish his criminal ANS: It is the program that the child in conflict with the law is required to undergo after
liability as to the offense for which probation was granted (P.D. 968, Sec. 16, as he/she is found responsible for an offense without resorting to formal court proceedings
amended by R.A. 10707). (R.A. 9344, Sec. 4(0). It applies if the child is above 15 years old but below 18 and who
Note: However, the expiration of the probation period alone does not automatically acted with discernment. (R.A. 9344, Sec. 22).
terminate probation. Probation is not coterminous with its period. There must first be
issued by the court an order of final discharge based on the report and recommendation Q: What happens to the child in conflict with the law when he/she is found guilty
of the probation officer. Only from such issuance can the case of the probationer be of the crime alleged?
deemed terminated (Baia v. Martinez .R.Islo 67301, January 29, 1990). ANS: Once the child who is under eighteen (18) years of age at the time of the
r commission of the offense is fouRdiUtily of the offense charged, the court shall
Q: Are drug offenses co red 1, :r theProdpalloilLiiiv?
X a tr determine and ascertain any civOltelOwhich may have resulted from the offense
ANS: No. Section 24 o e.-Gomerisive,abgerous Drugs Act of 2002 committed. However, instead of pronouncing the judgment of conviction, the court shall
expressly provides 54 n convicted for rug pushing, regardless place the child in conflict with the 49w3h4er suspended sentence, without need of
of the penalty impose .9...„Gourt, cannOts-avail . of4:, te- prVilege granted by the application: Provided, however, that sj*e41,bnVF,se .ntenceniall still be applied even if
entence,"
Probation Law or Ve t al ecrelNo. 68, s ameri,de the juvenile is already eighteen ile;VORV8PtiargppoOIrpre at the time of the
pronouncement of his/hergtillt. Upon suspension of sengriceand after considering the
Juvenile andJustice Welfa e Act of 20d6,(R.A. 9344) Ur) various circumstances0 the child, 11*,.98ourt shall impose‘thekappropriate disposition
# rs-a3.- 4' iii . ' aro measures as providedlifiL.the SupreTeCqf rt Rule on Conflict with the Law
Q: Who is a ctiild,in conflic witVielmq? ,..,-7,..3/ 1
ti to\ &blind who is allegeAas, accused of, or (R.A. 9344, Sec. 384-?e- • e. .4, fn s
ANS: A child in con ip with e la4'refeti
adjudged as, t.1 g compitt$ an orfelligaii-fdi
,....i erPhilipyn laws (RA. r 344, Sec. 4(e)).
-.77---- i
r „c..0 Extinction of crtmtnalliability
WI I . / ) f fie
ljapill of a, c 117 ::;,(KA. N. N.
Q: What is the r091 exe pp, n frolii cirelpV i Q: What are to modes,ofpxtinguishing'fpriminal '1100!
ANS: Section 6 rR.A. 344 eio ecpytamengd mewl as Nflows: ANS: Extinction of crirpinplAbilityiqy begtal or partiaIN-
1. A child fifteen t 5) ye rs eGiaryp e' >fie time of the commission of the Total extinction ofaripoa`litiObility iyclude0Y
offense hall be exem oraLM i .ink I ability Howevef, the child shall be 1. Death of fhb Convictl,
subjecteN an rote •,e,r2ti prpgrigg: 2. Service of the,Sentyce;
Note: A chilQ,sikevied.42..., e—fiftee (45)4ye age on the day of the 3. Amnesty;
fifteenth anniverwPfnis/hertbra te,N ANI 4. Absolute Pardon;
2. A child above filtBetC(Ig) year elm eig teen (18) years of age shall 5. Prescription dflprimeg
.-44`.'
likewise be exempt frO ThitcrintiejAi lyoand be subjected to an intervention 6. Prescription of Periatty; and
program, unless he/she has acted with discernment, in which case, such child 7. Marriage of the Offended Woman under Art. 344 of the RPC (RPC, All. 89).
shall be subjected to the appropriate proceedings in accordance with R.A. Partial extinction of criminal liability includes:
10630. 1. Conditional pardon;
Note: The exemption from criminal liability herein established does not include 2. Commutation of the sentence; and
exemption from civil liability, which shall be enforced in accordance with 3. Good conduct allowances which the culprit may earn while he is undergoing
existing laws (R.A. 10630, Sec. 3). preventive imprisonment or serving his sentence (RPC, Art. 94, as amended
by RA No. 10592).
Q: What is an intervention program?
ANS: Intervention refers to a series of activities designed to address issues that caused Q: Distinguish prescription of crime from prescription of the penalty.
the child to commit an offense. It may take the form of an Individualized treatment ANS: Prescription of crime is the forfeiture or loss of the right of the State to prosecute
program which includes counseling, skills training, education, and other activities that
the offender after the lapse of a certain time; while prescription of the penalty is the loss
will enhance his/her psychological, emotional, and psycho-social well-being (R.A. 9344,
or forfeiture of the right of the Government to execute the final sentence after the lapse
Sec, 4(1)). of a certain time (REYES, Book One, supra at 864).
 ge..1•Cly72•41.51.;:a.

Q: Enumerate the period of prescription of crimes. Q: What are the rules on the computation of prescription of offenses?
ANS: The following are the rules on the computation of prescription of offenses:
ANS: The periods of prescription of crimes are as follows:
A. Under Art. 90 of the RPC
Art. 91, RPC Sec. 2, Act. No. 3326
Penalty •• •PeriOdof Prescription ', As to commencement
The period of prescription shall Prescription shall begin to run from the day
Crimes punishable by Death, Reclusion Perpetua or 20 years commence to run from the day on of the commission of the violation of the law,
Reclusion Temporal which the crime is discovered by and if the same be not known at the time,
the offended party, the authorities, from the discovery thereof and the institution
Other Afflictive Penalties 15 years or their agents. of judicial proceeding for its investigation and
punishment.
Correctional Penalties (except Arresto Mayor) 10 years
• As to interruption:.• ••

Arresto Mayor 5 years It is interrupted by the filing of the It is also interrupted when proceedings are
complaint or information. instituted against the guilty person.
Libel and Similar Offenses & 1 j ikk7j44'44N
, 1 year
M r e ... As to when to run again •
A er
)c..-e ,..-- . .
..._ --t•
_ 4 t,,N, myfe•-•:=.!
months It shall commence to run again.,;; liPrescription shall begin to run again if the
Oral Defamation or StanIN:pfD
/.4 ).. a -.,- N, when such proceedings terminate:"; • "roceedings are dismissed for reasons not
4t, ‘`\. •-,' x without the accused .Peing constituti
iaje2P)11Y4
Light Offenses
AZ-
Yr; /4 V \ \-1' convicted or acquitted„,„„df are `• rt,t•
unjustifiably stopped for:Any reason 4
••

(RPC, Art 90). not imputable to himc

B..For Violationsof-S cial Lbws san'` Urgiril'fdina7ces A. to effect of abgence of offender

. ir,P .k.
. , The term *prescription, shall not. Noosimilar proviSion.?,
. Period of PrescriptiOri '
' . run when ,iffeofferitleMis absent ..,4r. „.
from the Pliilippires. hate: ThegileItce:260thelaW can only be
llo_i n .-,,,;,••••,--
..Fine or Impris „:1 year `.4 . interpreted to mearf,thatiSection 2 of Act No.
inlorpreted
or both , 3326 did not intend such an interruption of
---.....---i_ to prescription unlike the explicit mandate of
‘, / ., pr-nua/dez v. Marcelo, G.R. Nos.
iNtr.9-.M/R
Imprisonment for ore tharit e-knitiithrOt ess "pars
than two (2) years .1:60103Mly„28, 2006).
LOCI
, ... ON J'
4-../ / Note: The first day is to, be exCluded and the last day included (Namarco v Tuazon,
s.,..znz
Imprisonment for two (2year oi /i A "V;
,:iph
'''4
tl 8 years cited in People v Ramos,1GW,No L-25644, May 9, 1978).
six (6) years
Q: What are the prescriptive periods of penalties?
Imprisonment for six (6) years or more 12 years
ANS: The following are the prescription of penalties:
Crime of Treason 20 years . Penalty Period of Prescription
Against any law or part of law administered by the Death, Reclusion Perpetua 20 years
5 years
Bureau of Internal Revenue Reclusion Temporal, Disqualification and Prision Mayor 15 years
2 months Prision Correctional, suspension and Destierro 10 years
Penalized by Municipal Ordinances
Arresto Mayor 5 years
(Act. No. 3326, as amended by Act No. 3763). Arresto Menor; Public Censure 1 year
Note: Act No. 3326, as amended, is not applicable where the special law provides for (RPC, Art. 92).
its own prescriptive period.
Q: When does the prescription of penalties begin to run? When is the running of
the period interrupted?
ANS: The period of prescription of penalties shall commence to run from the date when
the culprit should evade the service of his sentence (RPC, Art. 93).

248 249
 However, there are recognized exceptions where a pardon by the offended party will
Pardon andAmnesty
bar criminal prosecution. These exceptions are present in:
Q: Distinguish Pardon from Amnesty (2006 Bar). 1. Adultery and concubinage, where the pardon, whether express or implied must
ANS: Pardon and amnesty may be distinguished as follows: be given by the offended party to both of the offenders and prior to the
institution of the criminal action (RPC, Arts. 333 and 334);
Pardon Amneky 2. Seduction, abduction, and acts of lasciviousness, which requires express
As to Sdope • pardon given in order by the offended party and, if the offended party is a
minor, her parents, grandparents or guardian. The pardon must also be given
It is an act of the President whose It is a blanket pardon whose effects go prior to the institution of the criminal action. However, if the pardon is in the
effects go into to the crime and penalty. into the criminal liability of a whole class form of marriage by the offended party to the offender, the same may be done
It may be given for any crime. of persons or communities. It is often after the institution of the action and will still bar prosecution (RPC, Arts. 337,
given for political crimes. 342, 343 and 325); and
3. Rape, where the marriage of the offended party to the offender before or after
As to the Time of Exerciie. . the institution of the criminal action, will extinguish criminal liability. In case the
Even before trial, investigation or offender is the legal husband, subsequent forgiveness of the wife as the
After conviction. offended party shall suffice (RPO,.-,NArt. 266-C, as amended by R.A. 8353).

As to the Effect to the Criminal Liability of the Offender • ' Civi//iabi/it/es in criminal cases

Mocks bg,pkwardand abolishes and Q: What is included in civil liabititr

It looks forward•andyre115tes..lhe ANS: The civil liability established'qn /*Teo, 101, 102 and 103 of this Code includes:
offender from theco'L's5q ences of an, _puts inToVvilmiAoffense itself; it so 1. Restitution; ,
offense of which 'Nile has overlooks ai*bliterates the offense
2. Reparation of the depages`.Caused;"
convicted—it alSOligl§sror forgiverbthe 9-fh whiCti he\kall-iAraed that the person 3. IndemnificationnOrtonsequentiOdamages. (RPC, Ark 104).
punishment; • doeginot viork fo? released by arriefsty-sfands before the
aw_precilely as e had kf.' •
restoration o,the s
- i hts Q: How is restitution made?
office, or the Aght f suff ageuzikniesAilii _cor arpitteci no offense4 ANS: The restitutionpfitheMingitself mu#1be made whenever possible, with allowance
such rights l'are pressly restore0yrili
means of pNdoa (Monsanto v Fa6tdrm-IL
G.R. No. 78239,Februgly4 • 989)
H for any deterioration or diminution of valuelas determined byithe court. The thing itself
shall be restor-elf, even4thbugh it be•louVci in the possession ofia third person who
...1
s? acquired it by.lavciful mea*saving,to the latter his actioh7against,the,oper person who
may be liableWhim (RPC, Alt op:A L,1
As to the .Effect to the Character of the Offender.as Recidivist „ .
Q: When is restitkOnIn'Ofapplicable?
It does not alter he fac"?tqat 1,gar35,el-convief no longer a
fi
-
ANS: Restitution is not in a casein which the thing has been acquired by a
accused is a recidtvist as it§Ko uoiksNi ;- Aregdi istobecauselobliterates the last
third person in the manner,pai under theROireiniepts which, by law, bar an action for
only the extinction eLthe p9rspnal 4 - ---kreslgeicif th:e,cripe (U.S. v. Francisco, its recovery (RPC, Art. 1,05 par 3).k
5 s,
effects of the penalty"(U.S:11Satefo--- .,..-WR.-Nbikt.,-387-5; February 19, 1908).
effects
G.R. No. 919, Decemba4,Q.90 ). Q: How is reparation for, 9m4ges made?
ANS: The court shall deteriliine the amount of damage, taking into consideration the
As to the Effect to the Civil Liability of the Dffender ,
price of the thing, whenever possible, and its special sentimental value to the injured
Both do not extinguish civil liability party, and the reparation shall be made accordingly (RPC, Art. 106).
As to •Prpcedure • , •• Q: What is included in the indemnification?
Being a Proclamation of the Chief ANS: Indemnification of consequential damages shall include not only those caused the
Being a private act by the President, it
Executive with the concurrence of injured party, but also those suffered by his family or by a third person by reason of the
must be pleaded and proved by the crime (RPC, Art. 107).
person pardoned. Congress; it is a public act of which the
courts should take judicial notice.
Q: Upon whom does the obligation to make restitution, reparation for damages, or
indemnification for consequential damages and action to demand the same?
(REYES, Book One, supra at 863-864)
ANS: The obligation to make restoration or reparation for damages and indemnification
for consequential damages devolves upon the heirs of the person liable (RPC, Art. 108).
Q: What is the effect of pardon by the offended party to the criminal liability of the
offender? Q: Who may maintain an action to demand restoration, reparation and
ANS: As a general rule, pardon by the offended party does not extinguish the criminal indemnification?
liability of the offender (RPC, Art. 23). This is because a crime is an offense against the ANS: Aside from the injured party, the action to demand restoration, reparation, and
State, hence, only the Chief Executive can pardon the offenders which will have the
indemnification likewise descends to the heirs of the person injured (RPC, Art. 108, par.
effect of extinguishing their criminal liabilities (REYES, Book One, supra at 640). 2).

250 251
 Q: If there are two or more persons civilly liable, how much will each bear? 4. Flight to enemy's country (Art. 121);
ANS: If there are two or more persons civilly liable for a felony, the courts shall 5. Piracy in general and mutiny on the high seas or in Philippine waters (Art.
determine the amount for which each must respond (RPC, Art. 109). 122); and
6. Qualified piracy (Art. 123).
Q: What is the preference in payment among principals, accomplices and
accessories of felony? Section One. Treason and Espionage
ANS: Notwithstanding the provisions of Art. 109, the principals, accomplices and Treason
accessories each within their respective class, shall be liable severally (in solidum)
among themselves for their quotas and subsidiary for those of the other persons liable. Q: What is the crime of treason?
The subsidiary liability shall be enforced, first against the property of the principals; next ANS: Treason is a breach of allegiance to a government, committed by a person who
against that of the accomplices; and lastly, against that of the accessories. Whenever owes allegiance to it. It is a violation by a subject of his allegiance to his sovereign or to
the liability in solidum other or the subsidiary liability has been enforced the person by the supreme authority of the State (REYES, Book Two, supra at 3).
whom payment has been made shall have a right of action against the others for the
amount of their respective shares (RPC, Art. 110). Q: Define allegiance. What are the types of allegiances?
ANS: Allegiance is the obligation of fidelity and obedience which the individuals owe to
Q: What is the obligation of a pets° who participated gratuitously in the the government under which they live oplo their sovereign in return for the protection
proceeds of a felony? . t. they receive. Allegiance may be permaheiii'or temporary. Permanent allegiance is owed
ANS: Any person who V articiReted ra ui$2 Ty iff tirvroceeds of a felony shall be by a person to his country. TempqtraWailkance, on the other hand, is the obligation of
bound to make restitution tj nr arric_unt-equL nt to h -e tent of such participation fidelity and obedience which resv:lentAlidiA owe to the government of the country in
(RPC, Art. 111). which they are sojourning (LaureW1p400.V. No. L-409, January 30, 1947).

Q: What are the elements of,,treasqn:tV'-'4,4440 D.

Q: How are civil,11011itie, inguisffied \
ANS: Civil liabilities stAlf be xtingdfghec6in 1 . '; samq manper as her obligations in ANS: Under Art. 114 of ty9.,po, the ereirients of treasitin-
areRAWO-LA)
accordance wit 1 the pr , visionis of the Ciyif,-(yy (RPC, Art. 114. 1. That the offeLgeris a filipingsgen or an alien resdckg in the Philippines;
yya 2. That there istyVaf in whiciphethilippines is involved; and
,a, Ai ) . . . 3. That the OffeNecNitter(rnode otcommitting):
Q: 'What is tht7 obligation of arlopd-pdtr eatTe`dard civil liability gfter serving his
sentence which oflideprata419199iberty 9,r. other tighti, or has not been a. LeTjaWati4gRipst the gcivernment; or
required to serve4e e by reaeb` -Of am e"-- ,. 17; pa don, ommutation of b. ---ASeres to the enemies 64. gives the /either aid or comfort.
sentence, ...r aky .1 r re
ANS: Except n esiao rovi ed in . 112 of the RPC,
1,02
Q: Distinguisq between NJ; and that by a
the 'offender shal) ,continue t e civ) Habil' 4 resulting from the resident alien?
crime committediv.him, ktwith he sus served his sentence which ANS: A Filipino cipzenDmayix commit treason anywhere while an alien can only be
consists of deprivatton of liberty afrnot bee equired to serve the punished with this clime if tffisame was 4911.1AgAcl in the Philippines, except in cases
same by reason of arwines of seetenc or any other reasons of conspiracy (EC/ N'0,,.,4,fitY; This is b0.4,0gelle, 1,Eppino citizens owes permanent
(RPC, Art. 113). allegiance which folloOhis pepqn;andaa !'llgiffitiltialibM'residing in the Philippines"
because as only a resident .(o sojourning) alien has the obligation to temporary
allegiance to the Philipliinq„g0ernment (Laurel v. Misa, G.R. No. L-409, January 30,
1947). Ve4/44- 1

A. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS (RPC, Q: Can treason be committed during peacetime?
ANS: No. Treason cannot be committed in times of peace. Although treasonable acts
Arts-114-.1E3)
may be perpetrated during peacetime, until the outbreak of war, such acts do not yet
Under the Revised Penal Code constitute the crime of treason. This is because the law on treason is an emergency
Q: What are the crimes against national security under the RPC? statute that only into operation only during wartime. It is for this reason that the law on
treason cannot be suspended during war time. In fact, it can only be operation in
ANS: The crimes are: wartime. (Concurring Opinion of Justice Perfecto, Laurel v. Misa, G.R. No. L-409,
1. Treason (Art. 114); January 30, 1947).
2. Conspiracy and proposal to commit treason (Art. 115); Note: Without any intention of helping an external enemy, the crime is not treason.
3. Misprision of Treason (Art. 116); and Instead, the offender may be held liable for rebellion under Art. 135 in relation to Art.
4. Espionage (Art. 117). 134 of the RPC (REYES, Book Two, supra at 5).
Q: What are the crimes against the law of nations under the RPC?
Q: Is it necessary that there be a formal declaration of the existence of a state of
ANS: The crimes are: war?
1. Inciting to war or giving motives for reprisals (Art. 118); ANS: No. Actual hostilities may determine the date of the commencement of war
2. Violation of neutrality (Art. 119); v. Lagnason, G.R. No. 1582, March 28, 1904). (U.S.
3. Correspondence with hostile country (Art. 120);
252 253
Q: What does it mean to levy war? Conspiracy and Proposal to Commit Treason
ANS: Levying war requires the concurrence of two things: Q: How is conspiracy to commit treason committed?
1. That there be actual assembly of men; and ANS: Conspiracy to commit treason is committed when in time of war, two or more
2. That the assembly be for the purpose of executing a treasonable design by persons come to an agreement to levy war against the government or to adhere to the
force (REYES, Book Two, supra at 4). enemies and give them aid or comfort, and decide to commit it (RPC, Arts. 8 and 114).
Note: Absence of intent to overthrow the government will not amount to treason, but is
punishable under Rebellion (REYES, Book Two, supra at 5). Q: How is proposal to commit treason committed?
ANS: Proposal to commit treason is committed when in time of war a person who has
Q: What does "adherence to the enemy" and "aid or comfort" mean with regard to decided to levy war against the government or to adhere to the enemies and to give
the commission of treason? them aid or comfort, proposes its execution to some other person or persons (RPC,
ANS: "Adherence to the enemy" pertains to the demonstrated intent to betray which is Arts. 8 and 114).
committed when a person who owes allegiance to the State intellectually or emotionally
favors the State's enemy and harbors sympathies or convictions disloyal to his country's Q: Is the two-witness rule necessary to prove conspiracy and proposal to commit
policy or interest. "Aid or comfort", on the other hand, refers to acts which strengthens or treason?
tends to strengthen the enemy in the conduct of war against the traitor's country or an ANS: No. These crimes are separate and distinct offenses from that of treason.
act which weakens or tends to wealsga.the.pom of the traitor's country to resist or to Because Art. 115 of the RPC does not eipyide for the same rule of evidence as Art. 114,
attack the enemy. The aid o comfort -pust be given to the enemy by some kind of the two-witness rule need not be appljefO.S. v. Bautista, G.R. No. 2189, November 3,
action. It must be a deed, ,ophypjpa1
c acljyO,PLIne'rely a riental operation (Cramer v. 1906).
U.S., 65 Sup. Ct. 918, Afiri 23;i1194 1 ..). ,
Note: Adherence alcr6„wittior t-liiiing the enernatt6r ,cor9fort, does not constitute Misprision of Treason
treason. Both adVrenoVa ke,.giving,lhorOid-or comf<to t' enemy must concur Q: What is misprision of treaspri
(REYES, Book Tworsuprra at 6). 17) *1 .. t‘kiti
ANS: It is the failure of a citizen to report, ra§loon a§-Oostible;
I a conspiracy against the
lovernment which comes to his knowledge. But there mil a ba a war In which the
- , there t,i, trt,., , t.., th, ,.. t ' ' ' !,, -.;• •',1:!! vir;c:.- i zi (30Actc). A/o/c:3 and CaSUS 4.411Li i.A1
ANS: No. The overt,-act ot iaid and comfort to the pnemy, raustlie , iilictilttul 'at, a., Nv
oneb (Id.). P-- 4.11#
distinguished fiom-me ely nedligeliq9ndrsiOetil Q: What are the elements'aprilspnsion ol treason?
i°1.1.nk ANS: Under Art41619 th-iRIZO-1 the elements of misprisjion of tre4on are: (CKC)
v.-,z.,..U.T -.-7,
r , __.;",
Q: How is treaso ..groveM 1. Thaphe,.offerlqWs a CitizeT%f tiP.h ,,ilip,pinesj
ANS: The folkiipgrare theor N.o proy4n9IrpRson. , Not#1 ,,IK residentypreigner cannot committp v:
,1.!;
,.!?.;j?„.7r.t, V4.FES, Book Two,
1. Testinkon§-det lea o,witnessphe t0 rsa o witness rule); or supi'at. '' t 20). 4.,. ' .I;P4„, ..?',,k,,A
sl ''',. VA t,,,,,,
2. Confession ofbuilt b ,kea Cille itbt* 14 (2)). 2. That he,hat•kn'OWledge 'Of an. 'conspiracy -i'O''O.O4mlit9 eason against the
-41,,
\rk_. GovernmenWand
\A
and`-
S''''
1 31
Q: What is the Two-Witne s,12.., ut_e3 (-\ Tr T\ IN, 3. That he Conceals, ,dbes not dis'Otoser_or5does not make the same known as
prove the overt act of . .
ANS: Under this rule, he testimoq7of4virtnessesit red, soon as posstj?Vo,the proper,attfiVty* ...............
levying war or giving id--(61 i fart -Fhe.rule et-istm, 1, at the court is given the Note: Art. 116 is an etceptionVh?l itiA'Afigt=iiiet.e...6irenbe does not make a person
opportunity to detect false0.d hen okospnrterly,afiance in the details of two criminally liable (REYESoo
.4Th
4 . kiali,i0, supra at 21). :--
testimonies to the same act (Per)gi±L2g,,
e v& 71‘16. L-477, 30 June 1947). ,!
.,.,:,f
ez'J,A;A
Q: Can misprision of treason still be prosecuted when the treason has been
Q: Under the two-witness rule, is the witness still required to prove the accused's committed?
"adherence to the enemy"? ANS: No. Misprision punishes the omission of the duty to report to the State the
ANS: Proof of adherence is excepted from the two-witness rule because adherence is existence of a budding conspiracy. Once the treason is committed, the reason behind
not an overt act but a state of mind. It is sufficient that the testimony of at least one of the law disappears (REYES, Book Two, supra at 20).
the two witnesses to the same overt act of levying war, or giving aid or comfort, is also
Espionage
able to demonstrate the accused's adherence to the enemy. It may also be shown from
the nature of the act itself, or from the circumstances surrounding the act (Cramer v. Q: What is espionage?
U.S., supra,). ANS: Espionage is the offense of gathering, transmitting, or disclosing information
respecting the national defense with intent or reason to believe that the information is to
Q: Is it necessary that the testimonies of the two witnesses be identical? be used to the injury of the Republic of the Philippines or to the advantage of a foreign
ANS: No. Their testimonies need not be identical. What is necessary is that the nation (REYES, Book Two, supra at 22).
testimonies of the two witnesses coincide for the same act of giving aid or comfort
(People v. Concepcion, G.R. No. L-1553, October 25, 1949). Q: What are the two ways of committing espionage?
ANS: Under Art. 117 of the RPC, there are two ways of committing espionage: (ED)
1. By Entering, without authority, a warship, fort, or military or naval
establishment or reservation to obtain any information, plans or other data of
confidential nature relative to the defense of the Philippines; or

254 255
 2. By Disclosing to the representative of a foreign nation the contents of the Note: The crime is committed regardless of the intention of the accused. This crime is
articles, data, or information referred to in the preceding number, which he had committed in time of peace. Penalty is higher when the offender is a public officer or
in his possession by reason of the public office he holds (REYES, Book Two, employee (REYES, Book Two, supra at 28).
supra at 22).
Violation of Neutrality
Q: What are the elements of the first mode of committing espionage? Q: What are the elements of violation of neutrality?
ANS: The elements are: (PNP) ANS: Under Art. 119 of the RPC, the elements are: (W10)
1. That the offender enters any of the Places mentioned in Art. 117(1); 1. That there is a War in which the Philippines is not involved;
2. That he has No authority therefor; and 2. That there is a regulation Issued by a competent authority for the purpose of
3. That his Purpose is to obtain information, plans or other data of a confidential enforcing neutrality; and
nature relative to the defense of the Philippines. 3. That the Offender violates such regulation (REYES, Book Two, supra at 28-
Note: It is not necessary that the information is actually obtained. It is sufficient 29).
that the offender had the intention to obtain such information (REYES, Book
Two, supra at 23). Correspondence with Hostile Country
Q: What are the elements of correspondence with hostile country?
Q: What are the elements of the second: me, a of committing espionage? ANS: Under Art. 120 of the RPC, the eternnts are: (TM-PCC)
ANS: The elements are: (OPD 1. That it is made in Time ofMeiyi:I3Vich the Philippines is involved;
1. That the Offended pu c offider; 2. That the offender Makes1404hdence with the:
2. That he has in Dis e=artic a, or mation referred to in Art.
a. Enemy country; iwv- .1
t4p ff51ic office he ho tittry"
117(1), by re qif-niil b. Territory occupiedibgle'eraLmypoops; and
3. That he 2is • oses_th it coritentef 7e-re-presenter ofyi3eign
\ nation (REYES,
3. That the correspondencdisi3Orfft1=2.
Book Two, r 3). a. Prohibited,e.xfgessly by the Goverritrient.,
:,K
b. Carried*in ciphers,Oy conventional signs; ofrA,
Q: Distinguish espio c. Eontairs. Vice or •ilination which migglibe useful to the enemy,
ANS: Espiona ep't may eirlguished as
whether onot 't isointended to aid the enemy (REYES, Book Two,
Treason Epipnage• supraV
"s;
As to when comrhitted• , [14,,
Q: What is tb,t,rnpaningio.f corresponderce?
/1,-)/ g ANS: Correspci9dence1 vornmuhie tionbymeans oftetrtetscpoitr9refer to the letters
Treason is cokiltiNn tEseplrao,e m„ay bes\C mmitted both in
which pass between
f those4ho havOrier0 or busine§el tegtOk(REYES, Book Two,
-1.iple\l"Oeaie and in ime of war.
supra at 30).
As to manner of commission • Note: If the offendeilfritendedp aid'the ekemy by giving such notice or information, the
crime amounts to treason. lfz,the act proseAtVmler Art. 120, the act is punished with
Treason is limited in ;tir'vq,l'i'vL' EY. pi Jilagpvnay be committed in the same penalty as treasone(REY ..BopbTwa%'sabp-la,atx).
committing the crimehet6lipTeither.b.e.. many ways.
W
levying war, or adherih o,t4.L enem Flight to Enemy's Country tzV
giving him aid and comfort.
Q: What are the elementsWight to enemy's country?
(REYES, Book Two, supra at 26). ANS: The elements are: (WAAG)
1. That there is a War in which the Philippines is involved;
Section Two. Provoking War ano' Disloyalty in Case of War 2. That the offender owes Allegiance to the government;
3. That the offender Attempts to flee or go to the enemy country; and
Inciting to War or Giving Motive for Reprisals 4. That Going to the enemy country is prohibited by the competent authority
Q: How is inciting to war or giving motives for reprisals committed? (REYES, Book Two, supra at 31).
ANS: It is committed by any person who by unlawful or unauthorized acts, provokes or
gives occasion for war involving or liable to involve the Philippines, or exposes Filipino Q: Can a resident alien be guilty of the crime of flight to enemy's country?
citizens to reprisals on their person or property (RPC, Art. 118). ANS: Yes. A resident alien owes allegiance to the Philippine government albeit
temporarily (Id.).
Q: What are the elements of inciting to war or giving motive for reprisals?
Section Three. Piracy and Mutinyon the High Seas or in Philippine Waters
ANS: The elements are: (UPE)
1. That the offender performs unlawful or unauthorized acts; and Piracy in General and Mutiny on the High Seas or in Philippine Waters
2. That the unauthorized acts will- Q: What is piracy?
a. Provoke or give occasion for a war involving or liable to involve the ANS: Piracy is robbery or forcible depredation on the high seas, without lawful authority
Philippines; or and done with ammo furandi or intention to steal, and in the spirit and intention of
b. Expose Filipino citizens to reprisals on their persons or property universal hostility (People v. Lol-lo, G.R. No. L-17958, February 27, 1922).
(REYES, Book Two, supra at 27).

256 257
Q: What is the meaning of "high seas"? Qualified Piracy
ANS: They are parts of the seas that are not included in the territorial seas, or in the Q: How is qualified piracy committed?
internal waters of a state, or in the archipelagic waters of an archipelagic state ANS: Piracy is qualified whenever: (BAC-MHPR)
(UNCLOS, Art. 86). 1. The offenders have seized the vessel by Boarding or firing upon the same;
2. The pirates have Abandoned their victims without means of saving
Q: What are the two modes of committing piracy under the RPC? themselves; or
ANS: The two modes of committing piracy are: (AS) 3. The Crime is accompanied by Murder, Homicide, Physical injuries, or Rape
1. By Attacking or seizing a vessel on the high seas or in Philippine waters; or (RPC, Art. 123).
2. By Seizing in the vessel while on the high seas or in Philippine waters the
whole or part of its cargo, its equipment, or the personal belongings of its Anti-Piracy and Anti-HighwayRobbery Law of 1974 (P.D. 532)
complement or passengers (Id.).
Q: What are the punishable acts under P.D. 532?
Q: What are the elements of piracy? ANS: The punishable acts are:
ANS: The elements are: (VCAS) 1. Piracy (P.D. 532, Sec. 3(a));
1. That a Vessel is on the high seas or in Philippine waters; 2. Highway robbery/brigandage (P.D. 532, Sec. 3(b)); and
2. That the offenders are NOT embe s of its Complement or passengers of the 3. Aiding pirates or highway robb9rs/ brigands or abetting piracy or highway
robbery/ brigandage (P.D. 5321c. 4).
vessel; and
3. That the offends'.
eo 4
a. Attacpr-seri th ,„4- Q: What is the definition of PhilippintyliArs under P.D. 532?
b. Aeize4na A‘fhpje or part of the cargspisajd\yepel, its equipment, or ANS: Philippine waters refer to all$611itOmater, such as but not limited to seas, gulfs,
th peso V6e1 ngingropfetornpleieSrpasIngers (Id.). bays around, between, and conneeiipg.44-ii*I4pAlands Opp Philippine Archipelago,
irrespective of its depth, breadthtienbtVfP-PitrienaietarA-4allf,pther waters belonging to
Q: What if the cts en merated uriaarAt. 122 were comrnittedby members of its the Philippines by historic,9r-:11bg al uding terrifoliat'Stithe sea-bed, the insular
compliment or its passengers? shelves, and other submarine areavoyar which the Philippines has sovereignty or
(f) jurisdiction (P.D. 532, 8.6c. 2(a)).
ANS: When the ,amesamects a are comr-Atted by e
acts Elmpiement or by its W14
o e'fideT may i!ie lia*fprIrpbb4rmu ny, or ther rimes as may be
appropriate to he ....6ts and citcumsta-taaViteicase. Q: What is a vesseli .;‘,. 0,-,
ANS: A vesse0s
.„ any vessel or watercraftlused for traipport i,of papsengers and cargo
Q: What is mut?) from one place to Philippiri:9 watersAild,inpludes„alMtinds and types of
ANS: Mutiny isl eFunlkwful r, or he raring of commotions vessels or boateusebIn-fialfing (Pt• 532 Se c. 2(b)).V41 -'''' '. '
',..qt ' -,0
and disturbance on board a f its comma der (Bouvier's Law
Dictionary, Vol. 4k2283), Q: What is piracOnglerikEt 532?1 . "!•:4
ANS: Piracy is defih'ed,,as aritattack uporAcmpA!.re of any vessel, or the taking away
Q: Distinguish mutiny frorrypirac of the whole or part trisarOir its carg94010rii.apt,6,or the personal belongings of its
tsft,
ANS: Piracy under theKG m-a)e-93, distinguishe,,INtiyin the following manner: complement or passengers, irralpectivacififfigaf.aluettliereof, by means of violence
against or intimidationef pertqa or force upon things committed by any person,
Piracy • Mutinjr . including a passenger or:-member of the complement of said vessel, in Philippine waters
As to place of commission ••• '• (P.D. 532, Sec. 2(d)). -1.w,

Either in the Philippine waters or in the high seas Q: How is piracy under P.D. 532 different from Art. 122 of the RPC, as amended by
As to person committing • • . R.A. 7659?
ANS: Piracy is concurrently punishable under P.D. 532 and the RPC when it is
Persons who attack a vessel or seize Committed by members of the crew or its committed in "Philippine waters." If it is committed on the high seas, it is punishable only
its cargo are strangers to the passengers. under the RPC. Moreover, under P.D. 532, piracy can be committed by "any person"
vessels. Committed by persons who, and can therefore also cover acts of piracy committed by the vessel's complement and
while being strangers to the vessel, passengers. However, when piracy is committed by persons other than members of the
attack said vessel or seize its cargo complement or passengers, it is only punishable under the RPC (REYES, Book Two,
supra at 36-37).
As to ctiMinal intent .

Intent to gain is essential. The offenders may only intend to ignore the
ship officers or they may be prompted by
the desire to commit plunder.

(REYES, Book Two, supra at 34).

258 259
 • Art. 122, as amended .. • P:D; 532.: 7. Crimes under the Anti-Hijacking Law (R.A. 6235);
8. Crimes under the Anti-Piracy and Anti-Highway Robbery Law of 1974 (P.D.
As to persons covered' • ' '•
532);
a. In case of an attack on or seizure of Any person, including a passenger or 9. Crimes under the Decree Codifying the Laws on Illegal and Unlawful
vessel: Any person member of the complement of said Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
vessel Ammunitions or Explosives (P.D. 1866, as amended).
b. In case of seizure of whole or part of Note: Conspiracy to commit terrorism is also punishable (R.A. 9372, Secs. 3 and 4).
the cargo, equipment or personal
belongings: Excludes crew members B. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
or passengers (RPC, Arts.124 -133)
As to situs of piracy Under the Revised Penal Code
Philippine waters and the high seas Philippine waters only Q: What are the crimes against the fundamental laws of the State under the RPC?
ANS: The crimes are the following:
(BOADO Notes and Cases on the RPC, supra at 407). 1. Arbitrary detention (Art. 124);
2. Delay in the delivery of detained ersons to the proper judicial authorities (Art.
Q: What is highway robbObrigandalgel 125);
1 ,
45 th6Ns iz, re f any pe son for ransom, extortion, or 3. Delaying release (Art. 126)
ANS: Highway robbery/lyiga
99,Or
other unlawful purp0, t jakirrraMrdStlatp p'ertof another by means of 4. Expulsion (Art. 127);
violence against orinti5R' tinperso s<0 ce upo thin'pavther unlawful means, 5. Violation of domicile (Arts 1 8)
committed by any ' )0 7an y'P ilippinez ighwa (P. D. 2, S c- I). 6. Search warrants malicio sIVA5btAiio- rwa,b_u-serip ti e service of those legally
obtained (Art. 129);
Anti-flocking Law (P.D. 6235)
P A_
„,....‘ X 7. Searching do;ni3O,j16'without wAftneRses (Art. 130); "
8. Prohibition, interruption, anclAdissRlution of peaceful (Art 131);
Q: What are 11- e itf
tfrAl4ishable cts-u de. D-91 0§? 9. Interruption 0k'eliRpusyorsliiP Olt 132); and
ANS: They ard the f lowing: Pin) 10. Offending,t erreligiotfeelings (Alf. 133).
-i, vvicba„,
1. To c r41 a change in the 0 ursei,or desti p o an air raft of Philippine <6z,
regis ry, or to seize usurp-the-crnAel-ther
,s hile 't is • flight (P.D. 6235, Section One ArbitrarfDetention and 5,0u1sion
Sec. Iftf:4W
--. Arbitrary Detention
2. To co pel an aircrattl Foreign regip (land Philippine territory or to
seize o usurp Ike cc)iti-o t. eo w il- ..."' 'Rhin he said territory (P.D. 6235, Q: What are thel'elenentse &bit? detention?
Sec. 1); d ANS: The elementSOMP)
3. To Ship, ad or carryinlEalsgr;' er r ope ating as a public utility 1. That the offender is •q; Public offs mg-employee;
within the V.ipRikeppy exp osi -,flan maple corrosive or poisonous 2. That he DetaifiSorVerson• and
.<44,
substance or m terialq. 62 e 3. That the Detegon is ithout legal grotIna (REYES, Book Two, supra at 43).

Human SecurityAct of 2007 R.Ap63 Q: What is detention?

ANS: Detention is defined ashe actual confinement of a person in an enclosure or in
Q: What is terrorism? any manner detaining and depriving him of his liberty (People v. Flores, G.R. No.
ANS: Any person who commits any act of the following acts, thereby sowing and 116488, May 31, 2001). Detention need not involve physical restraint. Psychological
creating a condition of widespread and extraordinary fear and panic among the restraint which results from fear is deemed sufficient (Astorga v. People, G.R. No.
populace in order to coerce the government to give in to an unlawful demand, shall be 154130, October 1, 2003).
guilty of the crime of terrorism: (PRCMK-ATA-AAD)
1. Piracy in general and mutiny in the high seas or in the Philippine waters (Art. Q: What are the legal grounds for the detention of a person?
122); ANS: The legal grounds are:
2. Rebellion or insurrection (Art. 134); 1. The commission of a crime; and
3. Coup d'etat including acts committed by private persons (Art. 134-a); 2. Violent insanity or any other ailment requiring the compulsory confinement of
4. Murder (Art. 248); the patient in the hospital (RPC, Art. 124, par. 2).
5. Kidnapping and Serious Illegal Detention (Art. 267);
6. Crimes involving Destruction (Att. 324); Delay in the Delivery of Detained Persons to the Proper Judicial Authorities
a. Arson (P.D. 1613);
b. Crimes under the Toxic substances and Hazardous and Nuclear Waste Q: What are the elements of delay in the delivery of detained persons to the
Control Act of 1990 (R.A. 6969); proper judicial authorities?
c. Crimes under the Atomic Energy Regulatory and Liability Act of 1968 ANS: The elements are: (PDF)
(R.A. 5207); 1. That the offender is a Public officer or employee;

260 261
 2. That he has Detained a person for some legal ground (RULES OF COURT, Section Two. Violation of Domicile
RULE 113, Sec. 5); and Violation of Domicile
3. That he Fails to deliver such person to the proper judicial authorities within:
a. 12 hours for offenses punishable by light penalties or their equivalent; Q: What are the elements of violation of domicile?
b. 18 hours for offenses punishable by correctional penalties or their ANS: The elements are: (PAO-ESR)
equivalent; or 1. The offender is a Public officer or employee;
2. The offender is not Authorized by judicial order to enter the dwelling and/or to
c. 36 hours for offenses punishable by afflictive penalties or their
equivalent (REYES, Book Two, supra at 53). make a search for papers or other effects; and
3. The Offender shall:
Q: What is the meaning of "delivering the person to the proper judicial a. Enter any dwelling against the will of the owner thereof;
b. Search papers or other effects found therein without the previous -.11;14
authorities"?
ANS: The phrase does not consist in a physical delivery but making an accusation or consent of such owner; and
charge or filing of an information against the person arrested with the corresponding c. Refuse to leave the premises after having surreptitiously entered said
court or judge, whereby the latter acquires jurisdiction to issue an order of release or of dwelling and after having been required to leave the same (REYES,
commitment of the prisoner (Lava v. Gonzales, G.R. No. L-23048, July 31, 1964). Book Two, supra at 65).

Q: May a police officer, acti",rig*ti virtue t of arrest, who detains a Q: What is the meaning of "agains"t:tf e will of the owner" in connection to the
person and failed to de xr r skch peson t -tfopier. itcfcial authorities within the crime of violation of domicile? N
ANS: The phrase presupposesi;.VX,R or prohibition by said owner, whether
timeprescribed, be hoel
ANS: No. Art. 125ipplipprAly 'hen the arrest l adelanlly without warrant of expressed or implied. If the entran9/bRthOiblic officer or employee is only without the
arrest. Since thews -alr'katifao.complaliff,571hformationkfilkd'against him with the court consent of the owner of the dwelljpgftfte101919.;jsIngt yet committed until he is asked to
, t-shaPpoRINeOhecessary to deliver leave and he refuses (U.S. v. Chile ee4G). Wlei:=Ii18995;7,NO,e,mber 6, 1913).
which issued thelerAtidottle arrantT2f aritestni
the person thtfs arrested to thdt c.d4rt *EYES, Boo Two, supra at 55).
;-fir Q: What are the qualifyjng circumstances in violation of ornicile?
ANS: The qualifying citOrnStances"0ale? r
Delaying Relea
1.When the offense was cdramitted'at nighttime; and
Q: What are the elments o delaylOgre„easel 2. If any papersAAffectsezot constituting evidence of crime are not returned
ANS: The elerpe0 ale (Fr'J P): ' ‘4.....,;ILJO-' immediately aftenie search made bylthe offender (REYFS
, ,Hook Two, supra at 67).
1. That the offepdek) Rublic-ofikpor-errip19. ee At‘ t °
2. That'Ds, a 2 !at or 61 4edulj,,9r eit9 the release of a prisoner or 4,44 f4,-
Search Warrants maliciciiiilyObtaihed, aiclAbuseTnlhe '''Serv-rce7b4i-hose Legally
detenti prikner, otNtt-li Tht ve
i t OfierL-7- oceeding upon a petition for the Obtained >e
liberati of suo per‘thi'a d
3. That the ffende ithai porbe_aegn. e 1:_„,
Q: What are the acts punishable under trt7:44, 77f,.., ti
,le RPC?
a. Th Service• qr.. al-Kyp-TibrDo d Ftqjhe,prisoner, or ANS: The acts punishable are:
b. The iltrfoLrn 9ce oo . xentiverorder for the release of 1. Procuring a search'rwarrant vthqt.ttlys6'giieand
i.• 2. Exceeding hiNuthorityAlijiliiiigistite8ASa4Veverity in the execution of a
the prisoner
c. The Proceedings upon airtetif). \\ r the release of such person search warrantlegallyrprOcured (REYES, Book Two, supra at 68).
(REYES, Book-FWoi.sy at 62)
Q: What are the elements of procuring a search warrant without just cause?
Expulsion ANS: The elements are: (PPJ)
1. That the offender is a Public officer or employee;
Q: What are the elements of expulsion? 2. That he Procures a search warrant; and
ANS: The elements are: (PEN) 3. That there is no Just cause (Id.).
1. That the offender is a Public officer or employee;
2. That he Expels any person from the Philippines, or compels a person to Q: How can you determine the absence of a just cause in the issuance of a search
change his residence; and warrant?
3. That the offender is Not authorized to do so by law. ANS: A search warrant is said to have been procured without just cause when it
Note: Only a court by final judgment can order a person to change his
appears on the face of the affidavits filed in support of the application therefor, or thru
domicile (REYES, Book Two, supra at 63). other evidence, that the applicant had every reason to believe that the search warrant
sought for was unjustified (REYES, Book Two, supra at 70).
Q: What are the acts punishable under this proVision?
ANS: The punishable acts are: Q: What are the elements of abuse in the service of legally obtained search
'I. By expelling a person from the Philippines', and warrants?
2. By compelling a person to change his residence (REYES, Book Two, supra at ANS: The elements are: (PLE)
62). 1. That the offender is a Public officer or employee;
2. That he has Legally procured a search warrant; and

262 263
 3. That he Exceeds his authority or uses unnecessary severity in executing the Section Four. Crimes against Religious Worship
same (REYES, Book Two, supra at 72). Q: What are the crimes against religious worship?
ANS: They are:
Searching Domicile without Witnesses 1. Interruption of religious worship (Art. 132); and
Q: What are the elements of searching domicile without witnesses? 2. Offending religious feelings (Art. 133).
ANS: The elements are: (PASO)
1. That the offender is a Public officer or employee; Interruption of Religious Worship
2. That he Searches the domicile, papers, or other belongings of any person; Q: What are the elements of interruption of religious worship?
3. That he is Armed with a search warrant legally procured; and ANS: The elements are: (PReP)
4. That the Owner or any member of his family, or two witnesses residing in the 1. That the offender is a Public officer or employee;
same locality are not present (REYES, Book Two, supra at 73). 2. That Religious ceremonies or manifestations of any religion are about to take
place or are going on; and
Q: What kinds of searches are contemplated by Art. 130? 3. That the offender Prevents or disturbs the same (REYES, Book Two, supra at
ANS: Art. 130 is limited to the improper execution of a search warrant to a home used 79).
as a domicile and the papers and other belongings of a person. It therefore excludes Note: A higher penalty shallAe imposed if the crime is committed with
warrantless searches, whetheuerfone 5Wfeilly or not as they do not involve the violence or threats (RPC, Art.'132! par. 2).
execution of a search warr Is ex lu seprc of vehicles even if the vehicle
is a boat house, a mob' e4.11oT is se as uch b t owner, because a vehicle Offending Rellgious Feelings
cannot be treated as omicile der=the aw.
Q: What are the elements of offetidi.00;001ous feelings?
-.....""
Section Three. Pmhibi ion Interruption.and Dissolution o -Peaclul Meetings ANS: The elements are: (PDA-14,9)
. / 1. That the act compliiped of were perrorrriechiVA
Q: What are hWunishable As An Ynnect peaceful meetings, a. A Plac.e:devOted for religious worship, or
associations aff d petifons?i i 4" b. Duringare celebratiodoa religious ceremon lend
ANS: The punra e cts ar . MAP) 1 I 2. That the Ac be Ncitoriaisl y Offensive tdt eelings of the faithful
1. Proh* itingi nterrup ing:v 76isse vin., legal grou mod, the holding of a (REYES, Bo& Twozsupra at 81g5 te‘
peac fu_ l Me, ting; 141‘,
2. Hind rfFd.Rry p dation o ,om attending any Q: What are religious ceremonies?
of its pethigs; a i n )..<41 ANS: Religio#Tcerernonlehre those religikps acts 13,597:::PtPWW a church, such
3. Prohi tifirrgibkhin 2.V o ressin, , either alone or together as processioni..fand speApi-ayerpf 67* buryitig dead peit&ilk:''
with of ers, arty P 183 'to t e aut /iti/(s5"for tpe correction of abuses or
....2.oyo upra at 75).
redress if ,grieve ces Ekyf....S 01
C CRIMES AGAINSVUBLICORDER (RPC Arts. 134 -160)

Q: What are the el men c m r ota6rk b N meant on d in the immediately Under the Revised Pena/.Code
preceding answer? 90 Q: What are the crime*againtipublic-o rderuundeeth6-RPC?
ANS: The common eleme ts_a • (PAPA F, ANS: The following are, crirpe'sfagainst public order:
1. That the offender is-dtrau lic offic rAarerrs and 1. Rebellion or insurrection (Art. 134);
2. That he performs anyOrttle"acteMmerated in violation of the right to 2. Coup d'etat (Art. 1:34-A);
Association and Peaceful Assembly (Ibid.). 3. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection (Art.
136);
Q: Is the right to peacefully assemble absolute? 4. Disloyalty of public officers or employees (Art. 137);
ANS: No. Although the right is guaranteed by the Constitution, it is not absolute for it 5. Inciting to rebellion (Art. 138);
may be so regulated that it shall not be injurious to the equal enjoyment of others having 6. Sedition (Art. 139);
equal rights, nor injurious to the rights of the community or society, through the State's 7. Conspiracy to commit sedition (Ad. 141);
exercise of police power (Diocese of Bacolod v. COMELEC, G.R. No. 205728, January 8. Inciting to sedition (Art. 142);
21, 2015). 9. Acts tending to prevent the meeting of Congress and other similar bodies (Art.
143);
Q: Can the crime be committed by a member or participant of the peaceful 10. Disturbance of proceedings of Congress or similar bodies (Art. 144);
assembly who happens to be a public officer? 11. Violation of parliamentary immunity (Art 145);
ANS: The offender must be a stranger to the peaceful assembly and not a participant 12. Illegal assemblies (Art. 146);
thereof, or even if he began as a bona fide participant, he disrupts the same in his 13. Illegal associations (Art. 147);
official capacity for the purpose of breaking up the assembly. Therefore, a person who 14. Direct assaults (Art. 148);
happens to be a public officer will not be liable for this offense when his actions are 15. Indirect assaults (Art. 149);
merely private in character (REYES, Book Two, supra at 78). 16. Disobedience to summons issued by Congress, its committees, etc., by the
constitutional commissions, its committees, etc. (Art. 150);

264 265
 3.
141,14.1J-_

17. Resistance and disobedience to a person in authority or the agents of such Q: Distinguish rebellion from treason.
person (Art 151); ANS: Rebellion and treason may be distinguished in the following manner:
18. Tumults and other disturbances of public order (Art. 153);
19. Unlawful use of means of publication and unlawful utterance (Art. 154); Rebellion • Treson
20. Alarms and scandals (Art 155); As to the Manner of Commission •
21. Delivering prisoners from jails (Art. 156);
22. Evasion of service of sentence (Art. 157); It is committed by rising publicly and It is committed merely by levying war
23. Evasion on occasion of disorders (Art. 158); taking arms against the Government against the Philippine Government or
24. Violation of conditional pardon (Art. 159); and for any purposes specified in Art. 134. merely by adherence to the enemy giving
25. Commission of another crime during service of penalty imposed for another such enemy aid and comfort.
previous offense (Art. 160). • As to the Time of Commission
Chapter One. Rebellion, Coup d'etat, Sedition andasloyaity In times of peace. In times of war.
Q: What are political crimes? As to the Person Committing •
ANS: Political crimes are those directly aimed against the political order, as well as such
common crimes as may be com ittedtredliteveta, olitical purpose. The decisive factor Any person. Only Filipino citizens or an alien residing in
4
icthe Philippines.
,.4l is tt icitept rptiv. Thus, if a crime is usually
to determine if a crime isopoli ieta
regarded as common, Jjkkhoimeicle, perpetf9te The.%purpose of removing the As to the Place of Commission
allegiance to the Gov/rnment}th'Verrito 'Wttit.k Islands or any part thereof,
1..kri the Philippines or elsewhere.
then said offense bgecte,Ntriliped o ,compOu g: inasmuch as, being
part and parcel et& ebb'lion, thiformeacauirath2Aolitical character of the As to the Pu'rpose
t
latter (Ocampo vrAb50: G No?17 30085587. 1856364 1,9005, February 11, It has for the purpose Ajle-removar Del iveryiff the,
Philippines to a foreign
2014). from the allegiappe' to said, .;. power.
Government or its laws,,the territory= -
Rebe//ion orInsurre of the Republic of 5.1,03,hilippines or
ti
Q:What are the e' any part therec$,,orany.,bAV,...9f land,
ANS: The elemient naval or Ober armedi forces, ._,or
1. That t erpl deprivationhe ChletExeculive or
a. uprisiO\ rtd 8-4 the Legislatite, ithdlly.'o6,partially„of
b. Taking • p of AQ,11<ages any of their powers orprlogativesC
2. That theRurposk)f;b
a. Remove from ,th `I) :e e;co\:ti,
, Governmentor its laws; As to Evidence Required for ConviCtion •
i. The jerritoZybr-filiglilippse , ortny pi e thereof; or Two-Witness Rule does notapply. There must be a testimony of at least two
nN(139rpiandrnaval 'Tot*om,ed/forces;
q or (.2)•witn'esse4ftoj‘the same overt act.
b. Deprive
ii. t • Chief xeciltv,q •orAgrejsr-wholly or partially, of any of
their powers orlowzgatii.WR8y ...SeElook Two, supra at 86). As to Classificatibn •
Note: Acts which aim to deprive the JiTditifflronts powers or prerogatives is punished Crime against public olCIt•rT Crime against national security.
as sedition under Art. 139.
(AMURAO, Book Two, supra at 169-170).
Q: Is the actual clash of arms necessary in rebellion?
ANS: Actual clash of arms is not necessary to make one liable for rebellion. Identifying Q: Who may be liable for the crimes of rebellion or insurrection?
oneself with an organization openly fighting to overthrow the Government is enough ANS: The persons liable for rebellion or insurrection are:
(AMURAO, Commentaries on Criminal Law, Book Two, (2013), pp. 168-169) 1. Any person who promotes, maintains, or heads a rebellion or insurrection; and
[hereinafter AMURAO, Book Two]. 2. The person merely participating or executing the commands of others in a
rebellion or insurrection (AMURAO, Book Two, supra at 178).
Q: Distinguish rebellion from insurrection.
Q: Can there be a complex crime of rebellion with murder and other common
ANS: The term "rebellion" is more frequently used where the object of the movement is crimes?
completely to overthrow and supersede the existing government; while "insurrection" is ANS: No. Any or all of the acts described in Art. 135, when committed as means to or in
more commonly employed in reference to a movement which seeks merely to effect
furtherance of the subversive ends described in Art. 134, become absorbed in the crime
some change of minor importance, or to prevent the exercise of governmental authority
of rebellion and cannot be regarded or penalized as distinct crimes in themselves
with respect to particular matters or subjects (REYES, Book Two, supra at 86-87).
(People v. Geronimo, G.R. No. L-8936, October 23, 1956).
Note: However, in the same cited case, the Supreme Court held that if the killing,
robbing, etc. during the rebellion, were done for private purposes or profit, without any
political motivation, the crimes would be separately punished (Id.).

266 267
Coup d'etat Q: Who may be liable for the crime of coup d'etat?
ANS: The following are liable for coup d'Otat:
Q: What are the elements of coup d'etat? 1. The person who leads or in any manner directs or commands others to
ANS: The elements are: (OMAA) undertake a coup d'etat; and
1. That the Offender is a person or persons belonging to military or police or 2. Any person in the government service who participates or in any manner
holding any public office or employment; supports, finances, abets or aids in undertaking a coup d'etat(ld.).
2. That it is committed by Means of a swift attack, accompanied by violence, Note: Any person not in the government service who participates or in any manner
intimidation, threat, strategy, or stealth;
supports, finances, abets or aids in undertaking a coup d'etat is also liable for coup
3. That the Attack is directed against duly constituted authorities of the Republic d'etat (REYES, Book Two, supra at 94).
of the Philippines or any military camp, or installation, or communication
networks, public utilities, or other facilities needed for the exercise and
Q: In case the leaders of the rebellion, insurrection, and/or coup d'etat are
continued possession of power; and
unknown, who will be deemed as the leader for the purpose of determination of
4. That the purpose of the Attack is to seize or diminish state power (REYES, criminal liability?
Book Two, supra at 92). ANS: Any person who in fact:
Note: Coup d'etat is an act of terrorism under R.A. 9372 when it is committed in a 1. Directed the others;
manner which tends or intends to create a condition of widespread fear or panic in order 2. Spoke for them;
to pursue its objectives. 3. Signed receipts and othereidocynts
w issued in their name; or
k 4. Performed similar acts, on behalf of the rebels (REYES, Book Two, supra at
Q: Distinguish rebelliopf o% coup d'eta.. 95).
ANS: Rebellion and Coigitatyt ayte
.a ./s
—ngireiish_td
c
zo•.s: .
Rebellion Coup d'etat Conspiracy and Proposal to Commit Insurrection
.;.,:-,
As to the Manner of Commission . Q: What are the punishabl,aCts underArt. Art.136136 oftlfeAPC9
ANS: The acts are:
•
It is committed shthe
p----
If ,..v
•
by ping ubr
icly ap r It is a sw.ft
ift qtac accomplished by
G°terrtrpent or4 violence, ntimidar„Ah eat, strategy or
41 0
1. Conspiracy toicommit rebelltgNa d A
..,„
t,
taking arms g 2. Proposal to c,c,3ePrOlt rebellion. if
..14t, ,44,,,. 't
any purpose specified in Alt. 134,11/ Note: Mere agreement ansigleterminatio1; to rise publicjy aqd 4ke arms against the
*7 1111
'As to the Object Against Which the Attack is COMrhitteci ' Government for‘ffrptirpOVelgl ''ffentiggedflp Art. 134 (Oonspitiacyto commit rebellion),
without actuArl)sing publicly and taking arms against the Gokernnient, or those merely
Directed aga a Go )•X
pcnent aSla
Exe t40 or the
fl?jrectedksa, yainst 'tli-e,d
., duly constituted
1:7-,q9tDolte, of/the A;public of the
proposing theklcimmistk2.64? sakFacts totfither pertl.,,,r5(17.4a0T4
',,,:, p....:4. , ii6Wommit rebellion)
whole, or th without actually
‘b.. performingthosezpmert
..-.. ffts under Arfa:86-Iready subject to
Congress. (S' ‘1,1t;fili pipes, or any military camp or punishment (People,v..Gerommo, G. No 4-8936, October 23, 1956).
nnst:a Idtion/Commuiication networks, *g" ;„.,,
!:k
)1c)t.11ities or other facilities needed
p21.) Disloyalty of Public OfficersbrEmployeesA:
—ft,..oth‘, exercise and continued ,xi -
Q: What are the acts ofdisloyalty ... ofipublidzo Icer2A3i-Teftiployees punished under
riovegstiop,91,power. the RPC? ,ti
ti
,,,I,
As to the Person.Cismrriitting
I • PVI
disloyalty arethefollowing: (FaCA)
ANS: The acts of disloialtyarOthe
a. Failing to resist a rebellion by all the'means in their power;
Any person. Only those belonging to the military or
b. Continuing to discharge the duties of their office under the control of the
police or holding any public office or
rebels; and
employment. c. Accepting appointment to office under the rebels.
As to the Purpose • Note: The crime presupposes the existence of rebellion by other persons; the offender
must not be in conspiracy with the rebels; otherwise, he himself will also be guilty of
It has for the purpose the removal from The purpose of coup d'etat is to seize or rebellion (REYES, Book Two, supra at 102).
the allegiance to said Government or its diminish State power.
laws, the territory of the Republic of the Inciting to Rebellion or Insurrection
Philippines or any part thereof, or any
body of land, naval or other armed Q: What are the elements of inciting to rebellion or insurrection?
ANS: The elements are: (DIM)
forces, or deprivation of the Chief 1. That the offender Does not take up arms or is not in open hostility against the
Executive or the Legislature, wholly or
Government;
partially, of any of their powers or 2. That he Incites others to the execution of any of the acts of rebellion or
prerogatives. insurrection; and
3. That the inciting is done by Means of:
(AMURAO, Book Two, supra at 175-176). a. Speeches;
b. Proclamations;

268 269
 k.;

c. Writings; Q: Distinguish "Rising Publicly" from "Public Uprising"

d. Emblems; ANS: A "public uprising" under Rebellion contemplates a mass uprising or taking up
e. Banners; or of arms. It is committed not only by a small band of persons but must indicate a swelling
f. Other representations tending to the same end (REYES, Book Two, up of mass malcontent sufficiently broad in scope (REYES, Book Two, supra at 105).
supra at 103). To "rise publicly" in Sedition does not contemplate such mass movement and may be
committed even by a small band of persons, provided that the actions of such band is
Q: Distinguish proposal to commit rebellion from inciting to rebellion. public and conspicuous— "publicly"—and the band is composed of more than three
ANS: They may be distinguished in the following manner: persons, or at least 4 persons, provided with means to commit violence— "tumultuously"
(REYES, Book Two, supra at 105-106).
Proposal to Commit Rebellion Inciting "to Rebellion
Q: Is sedition a political crime?
As to Manner of Commission ANS: No. Sedition, unlike rebellion, insurrection, or coup d'etat, may be pursued for
The offender merely proposes to The offender actually induces another to social or economic objectives, such as class struggles (landless vs. landed), and thus
another the commitment of rebellion, commit rebellion by his acts and words does not always involve political objectives. It is a political crime only when it is pursued
and does so in public manner. to achieve political objectives (REYES, Book Two, supra at 105).
using secret means, without actually
encouraging the commitment Q: Distinguish sedition from rebellion ,
lending support therefore. ANS: They may be distinguished inAlffeo,wing manner:
As to Inteni
Sedition Rebellion'
V AN
The person who ejoRoesesps himse f...., ...T.h.„,tzrson,,w‘bo,incites rebellion is not As to the Manner of Commission •
decided to com 1 ebellon. -I required.to liakte declled to commit
1171. ), reyEllion. k It is enough that there isairSing thatfis't. It is neceSSaryithat there be a public
,t. public and tumultuousii0haracter. uprising and taring arms against the
(REYES, Book wo, supra at Government for agy purposes specified
in Art. 134.
17,,
Sedition •As to the Nature of the Puipcis e •
Q: What are tir eleRentsitsedition?2,- Political or social.
t
ANS: The eleriptrirp : (RFM )
1. That t e-effe'ders, As to the Purpose
a. eublicl an .W
W
It has for its "itileii6seany of theI. It has for the purpose the removal from
b. Tumultuously; following objects:1
2. That theEmploy force in j oitol er eans outside of legal methods; VA 4,bmlegiance to said Government or its
1. To prevent theromulgation or ?laviiSAtie,territory of the Republic of the
and -,
3. That the offenders eAlyy any.ofithoselLleacist;Itain any of the following execution of anytjpW or thp„:11oldiridt1 L12hilippineeor. any part thereof, or any
of any popular ele0on; body of land, naval or other armed
objects: (PEIC-D N,. 2. To
a. To Prevent thexpromulgAik r xecution of any law or the holding of prgyent rs,the F Nptional forces, or deprivation of the Chief
any popular election;' Government, or local government, Executive or the Legislature, wholly or
or any public officer thereof from
b. To prevent the government or any public officer from freely exercising partially, of any of their powers or
its or his functions, or prevent the execution of any Administrative freely exercising its or his functions, prerogatives.
Order; or prevent the execution of any
administrative order;
c. To Inflict any act of hate or revenge upon the person or property of any
public officer or employee; 3. To inflict any act of hate or revenge
d. To Commit, for any political or social end, any act of hate or revenge upon the person or property of any
against private persons or any social class; or public officer or employee;
4. To commit, for any political or social
e. To Despoil, for any political or social end, any person or the
government of all its property or any part thereof (REYES, Book Two, end, any act of hate or revenge
supra at 104-105) against private persons or any
social class; and
Q: Can sedition be committed by one person? To despoil, for any political or social
end, any person, local government
ANS: No. The act must be done "tumultuously." An act is considered tumultuous if or the National Government or the
caused by more than three persons who are armed or provided with means of violence
U.S. Government, of all its property
(RPC, Art. 153, par. 3). or an •art thereof.
(AMURAO, Book Two, supra at 191-192).

270 271
 5';;I:•,f4

79$
Chapter Two. Crimes Against Popular Representation
Conspiracy to Commit Sedition
Q: What are the elements of conspiracy to commit sedition? Section One. Crimes Against Legislative Bodies and Sim Har Bodies
ANS: The elements are: (AD) Acts Tending to Prevent the Meeting of the Assembly and Similar Bodies
1. That two or more persons came to an Agreement to commit any of the acts
enumerated in Art. 139 of RPC; and Q: What are the elements of the acts tending to prevent the meeting of the
2. That they Decided to commit it (RPC, Art. 141). Congress and similar bodies?
ANS: The elements are: (PAFF)
Q: Is proposal to commit sedition punishable? 1. That there be a Projected or Actual meeting of
ANS: No. An agreement to both attain an object of sedition and to rise publicly and a. The Congress or any of its committees or subcommittees, constitutional
tumultuously must be present (REYES, Book Two, supra at 110). commissions or committees or divisions thereof, or
b. Any provincial board or city or municipal council or board; and
Inciting to Sedition 2. That the offender prevents such meeting by Force or Fraud.
Note: Force referred to here is one that produces an injury on the person of another,
Q: What are the different acts of inciting to sedition? and fraud involves falsification. Thus, physical injuries and falsification are necessary
ANS: The punishable acts are: (In-UW) means to commit this crime (REGALADO, Criminal Law, supra at 48).
1. Inciting others to commit se.d• b means of speeches, proclamations,
writings, emblems, c rtoons, an er representations tending to the
Disturbance of Proceedings
same end;
2. Uttering sedif• o joec 6e d?disturb the public peace; Q: What are the elements of diqur5inPthe proceedings under Art. 144 of the
3. Writing, pu rculating scurn as,OzaVt the Government or RPC? tt.-

any of its itut¢4authar408-(R , qo,..k.-Two supra at 111); and ANS: The elements are: (CODI),
Note: ' Fans low, Vulgar, or foul ES, Book Two, supra 1. That there be an opgiiing':kgetifi dift'ifirigrektor3any of its committees or
at 113) it4) JAk 2 subcommittees4bii'stitutional
petri?:
Heoff commissions or committees or divisions thereof,
or any provincialboard or cis Orl
(f) cy.1,,or
- municipal council orboard; and
Q: What are tirte mpnts o itte-firsrkPtvere-d-b inciting to sedition? 2. That the ffderAloe s ariAf thgollowing acts:
ANS: The ele (DI e) u anyyof such meetings; or ei
1. That he o nder Daps not:t cpart in he crime pf.seldition; b. H6415ehavOgttit.hile in the presence of anyrsuciti bodies in such a manner
2. That ite b-rs to ftt omplish Jany -b the acts which •s •
s tointerrupt its proceedings or to Impair tnp respect due it (REYES,
const u eteg itio 6Rdook iwozsupra.at 119)W,
•,
•374,,,
,
3. That ePirictg procq ations, writings, „
emblems, cart'• Ktatio s tend),ng to the same end Section Two. ViolatioirlifParliatkgtaly'%munity
(REYES Book Th/ o, gupi 11ft1V
Violation of Parlianientary iihmunity
" 4-4
CSC rLmercl,sthir acts covered by inciting to Q: What are the actSkurii§hable undAli';
Q: What are the co mon eje en ge_cm, 45 of the RPC? Enumerate the
elements for each neer
sedition?
ANS: The second and thir• actkarg punikh,aplkillia4poken or written word: (DISS) ANS: The following are* puniffifible acts: (UK)
1. The offender tends ' oAttb Lic
j.any lawful officer in executing the 1. Using force, inlinifton, threats, or frauds to prevent any member of national
functions of his office; assembly from:
a. attending the meetings of Congress or any of its committees or
2. The offender tends to Instigate others to cabal and meet together for unlawful
purposes; subcommittees, constitutional commissions or committees or divisions
thereof;
3. The offender Suggests or incites rebellious conspiracies or riots; and
b. expressing his opinions; or
4. The offender leads or tends to Stir up the people against the lawful authorities,
or disturbs the peace of the community or the safety and order of the c. casting his vote; and
Government (REYES, Book Two, supra at 112). 2. Knowingly arresting or searching any member while Congress is in session,
except in cases where such member has committed a crime punishable under
Q: What are the rules relative to seditious words? Briefly discuss each. the Code by a penalty higher than prision mayor (REYES, Book Two, supra at
120-121).
ANS: The rules are:
1. Clear and Present Danger Rule—the words must be of such nature that by
uttering them, there is a danger of public uprising and that danger should be Q: What are the elements of the first punishable act under Art. 145?
both clear and imminent (REYES, Book Two, supra at 114); and ANS: The elements are: (U-ACE)
1. That the offender Uses force, intimidation, threats, or fraud; or
2. Dangerous Tendency Rule--there is inciting to sedition when the words
uttered or published could easily produce disaffection among the people and a 2. That the purpose of the offender is to prevent any member of Congress from
state of feeling in them incompatible with a disposition to remain loyal to the a. Attending the meetings of the Congress or any of its committees or
Government and obedient to the laws (REYES, Book Two, supra at 115). constitutional commissions, etc.;

272 273
 b. Expressing his opinions; or Q: Distinguish illegal association from illegal assembly.
c. Casting his vote. ANS: They may be distinguished in the following manner:
Note: The offender in this act may be any person (REYES, Book Two, supra at 120).
Illegal Assembly Illegal AssociatiOn
Q: What are the elements of the second punishable act under Art. 145? As to the actual meeting
ANS: The elements are: (PASAS) It is necessary that there is an actual It is not necessary that there is an actual
1. That the offender is a Public officer or employee; meeting or assembly of armed persons meeting.
2. That he Arrests or searches any member of Congress; for the purpose specified in Art. 146.
3. That the Congress, at the time of arrest or search, is in regular or special
Session; and As to the act penalized
4. That the member Arrested or Searched has not committed a crime punishable
under the Code by a penalty higher than prision mayor (REYES, Book Two, It is the meeting and attendance at It is the act of forming or organizing and
supra at 121). such meeting that are punished. member in the association that are
punished.
Chapter Three. Illegal Assemblies and Associations As to persOns liable •
Illegal Assemblies The persons liable are: ) The persons liable are:
T J I- 1.The organizers or leaders of the
Q: What are the forms olillegara " ssem blies / i , 1.The founders, directors, and president,
ANS: The following arejtiiepTis all.egsset ,Oies: (TA)) meeting and and
2. The persons present at meetin, 2.
1. Any meetiggmat entleWArmed personYfoVie pu ioo e of committing any of .Lq The members.
the crimes pun suable underthWdde
(REYES, Book Two, supra at 126).
2. Any meptja.h? hictillie augenle, whether irme,4 9r)tot, is Incited to the -
commissioir of, e crime of ffeas'Op, rebellion or insurrection sedition, or
Chapter Four. Assault:1.1pda and Resistance and Disobedience to.
assau upon p person in authority;VEYES, Book Two -CaUpra at 124-125).
lt! Persons In Authority and TI7e1rAgeritiA
Elemc ritro(MI-DIRTS) .---4 1,
a. 'That there istp Nteetiiigi',agatliefirtg or 1group of persoris, whether in a Q: Who are persons,tri,aullority?
Med place oNnovingfie90;72Ti : I i ANS: Any person `directly
irectlyNested with jurisdiction, whether ,as an individual or as a
b. '7.1Fiatpe.T.314roce, whe1tierrm . ed ori rOds Inpted tope commission member of some coy‘dr govemtheegylvned or controlled cdrporation, board or
of thetrimp;91TreasoPIRe ellion min%) ecttohAedition or Direct commission, 4:011 bp xle09c1 alperson i6Outhority*Mprri;49Rptalp- and a barangay
t 14 s
assau p E \Book-itoAtip , At'; ). N chairman shallzalso be deemed a person ir uthority (RACM41;52ki
L-f'd t ..: c, c;-
•
Q: Is it necessary that the au ieinte s<actuall i ited?,,y / Q: Who are agentspfitiersOris in authority?
ANS: Yes, but onl with respect to tije-spcoNrsidi VD fhatae audience is actually incited ANS: A person who, by direct provisionV.,4eNrar by election or by appointment by
to the commission of4Kly of pe cuzes-ogaseditio .,rpbellion,,etcfrems to be a competent authority, isk7ptlerged with the pA
- ntepa_rtoeof public order and the protection
necessary element of theseepl-form.of.illegaloasserOty.;I:toreover, if in the meeting and security of life and property barrio policeman and
the audience, whether arme obit; is incitedtble, _ \„cor.. ipission of rebellion or sedition, barangay leader and apypersorlho comes to the aid of persons in authority, shall be
the crimes committed are illegakassern14‘aires,the organizers or leaders or deemed an agent of a person in authority (RPC, Art. 152).
persons merely present and incitingintbellibilliFsedition insofar as the one inciting
them is concerned (REYES, Book Two, supra at 126). Q: What is the difference between a public officer and a person in authority or his
agent?
Q: What is the effect when a person present at the meeting carries an unlicensed ANS: Public officer is any person who takes active participation in the performance of
firearm? public functions (RPC, Art. 203). On the other hand, a person in authority is one who is
ANS: It shall be presumed that the purpose of the meeting in so far as he is concerned directly vested with jurisdiction and an agent of a person in authority is one who is
is to commit acts which are punishable under the RPC. In addition, he is also generally charged with the maintenance of public order and the protection and security
considered as a leader or organizer of the meeting (Id.). of life and property (RPC, Art. 152).
Note: A public officer is not necessarily a person in authority or an agent of the latter,
Illegal Associations
and such persons in authority or his agents are not always public officers (REYES, Book
Two, supra at 135).
Q: What are illegal associations?
ANS: Illegal associations are those that are totally or partially organized for: DirectAssoults
1. The purpose of committing any of the crimes punishable under the Code; or Q: What are the ways of committing direct assault?
2. Some purpose contrary to public morals (Id.). ANS: The two ways to commit are: (EASe)
1. Without public uprising, by Employing force or intimidation for the attainment of
any of the purposes enumerated in defining the crimes of sedition and
rebellion; or

274 2.15
 ez,,W .".••";,

2. Without public uprising, by Attacking, by employing force or seriously Note: When the civilian comes to the aid of a person in authority (PA) or an
intimidating or by Seriously resisting any person in authority (PA) or any of his agent of a person in authority (APA), he himself becomes an APA (BOADO,
agents (APA), while engaged in the performance of official duties, or on the Notes and Cases on the RPC, supra at 465)
occasion of such performance (REYES, Book Two, supra at 131). 3. That the offender Makes use of force or intimidation upon such person coming
to the aid of the person in authority or agent of a person in authority.
Q: What are the elements of the first form of direct assault? Note: Indirect assault can be committed only when direct assault has
ANS: The elements are: (FAN) immediately been or is being committed (REYES, Book Two, supra at 149).
1. That the offender employs Force or intimidation;
2. That the Aim of the offender is to attain any of the purposes of the crime of Disobedience to Summons Issued by the NationalAssembly (Congress), its
rebellion or any of the objects of the crime of sedition; and Committees or Subcommittees, by the Constitutional Commissions, its Committees.
3. That there is No public uprising (Id.). Subcommittees orDivisions
Note: It is not necessary that the person against whom the force or intimidation is
employed against is a person in authority or his agent (REYES, Book Two, supra at Q: What are the punishable acts under Art. 150 of the RPC?
132). ANS: The punishable acts are: (SRP-Ant)
1. That the offender has been duly Summoned to attend as a witness before the
econd.fon of direct assault?
Q: What are the elements of the se Congress or a Constitutional Commission or any of their committees or
ANS: The elements are: (OPP =N) subcommittees,
1. That the Offendy. ME Ma) 2. That the offender:
/ a. Refuses to obey 4sOclj,putprnons without legal excuse; or
a. Makern imalent.to,Aggc,ess ,
b. Employ fop,"(application of material iol9hq. Of against a PA, force b. though Present, ceff.iiej,n required to do so, to -
needli ,spo.us-in na ifsgvsttLAP force must be serious i. be swornIr* .....ce31
.1p.find,
-,,:e4tffirmation• or
i tratu otherwise mitted mayt under Art. 149 or ii. answer any Igg4tovApm4„
ndir6c ssailt), iii. to pfpfluce anObooks, pap6egAocurnents, or records in his
Makes4`aaserious
s intini*tion (unla vful coO.r.pi6n duress, putting egossession;
Tkwetne in irfaiTerI ce iofilioi an influence in • fig wind which must be c. restrains Another flprilattending as witness, to the legislative or
i6otb 1 medi constitutional bodyvor L.% ff, a
0 IN
-.env>
d. rious, 9-itne4Ommitted may be
resisceAft.'not serious, d. Induce's dipoliedience to summon or refusal to be sworn by any such
Hi ./ ,body or o etal. ,-z
hatsi re_st ce and d dience); 1 i" ••
.2. That the Per rKilin ay$ or :"is= go , t; Note: The testimony Oltkperson summoned must lq,q upon matters into which the
a. Vizilat'a the011ie pip .s in a thon r his agent: summoning btihaVjaisdibtion'tozinquireIREYESWATAVOW 150-151).
b. is engaa0 in \sf) c tap rtbf' irleie0 official duti s, or
3. That hdlis.assailted b .re-ai ,o4ifa __,a§ p'erfor ance o is official duties; Resistance and DisobedianCeto a Person in Authority or the Agents of Such Person
1.6
4. That thelfendeNvw1 ae IlLcgn;e‘ite.,i Aqsaulting is a person in authority Q: What are the kinds f4,of disobedience under-.Art. 151 of the RPC?
or his agentalp the earcis 14..filitie ,., 19C t;,,,,,.. ANS: The kinds of disobedience are: ,
5. That there is ti_o p6bli u ritingz(REYES opiallo supra at 132). 1. Resistance 8Serious di§tbagribe
N:v 2. Simple disobedienceilV
Q: What are the circumstance aliiy\hre assault?
ANS: The circumstances are: (WPL Q: When is there Resistalibeor Serious disobedience?
1. When the assault is committed with a Weapon; ANS: The elements of Resistance or Serious Disobedience are:
2. When the offender is a Public officer or employee; or 1. That a person in authority or an agent of a person in authority is engaged in
3. When the offender Lays hands upon a person in authority (RPC, Art. 148). the performance of official duty or gives a lawful order to the offender;
2. That the offender resists or seriously disobeys such person in authority or his
Q: When is evidence of motive important in direct assault? agent; and
ANS: Evidence of motive of the offender is important when the person in authority or his 3. That the act of the offender is not included in the provisions of Arts. 148-150.
agent who is attacked or seriously intimidated is not in the actual performance of his Note: The order given must be lawful; otherwise, the resistance is justified (REYES,
official duty (REYES, Book Two, supra at 147). Book Two, supra at 156).

Indirect Assaults Q: When is there Simple Disobedience?

ANS: The elements of Simple Disobedience are: (ED-Not)
Q: What are the elements of indirect assault?
1. That an agent of a person in authority (PA) is Engaged in the performance of
ANS: The elements are: (AAM)
official duty or gives a lawful order to the offender;
1. That any of the forms of direct assault defined in Art. 148 is being committed,
2. That the offender Disobeys such agent of a person in authority (APA)
or has been immediately committed Against a person in authority, or an agent
Note: The accused must have knowledge that the person arresting him is a
of a person in authority; person in authority; and
2. That the offended party comes to the Aid of such person in authority or agent
3. That such disobedience is Not of a serious nature.
of a person in authority being or having been attacked; and

276 277
 Note: Simple disobedience cannot be committed against a person in authority 5. Burying with pomp the body of a person who has been legally executed
because any disobedience against a person in authority is considered and (REYES, Book Two, supra at 162).
punished as serious disobedience (REYES, Book Two, supra at 154-155).
Q: When is an act tumultuous?
Q: Distinguish direct assault from resistance or serious disobedience. ANS: A disturbance or interruption shall be deemed tumultuous if caused by more than
ANS: They may be distinguished in the following manner: three persons who are armed or provided with means of violence (RPC, Art. 153, par.
3).
Direct Assault • • Resistance
•, Unlawful Use of Means of Publication and Unlawful Utterances
As to the time of commission . • • •
Q: What are the punishable acts under Art. 154 of the RPC?
The PA or APA must be engaged in the Only in actual performance of duties. ANS: The punishable acts are: (PEn-MaP)
performance of official duties or that he is 1. Publishing or causing to be published as news any false news which may
assaulted by reason thereof. endanger the public order, or cause damage to the interest or credit of the
As to force employed: State;
Note: Actual public disorder or damage to the interest of the State is not
Force employed is serious. Use of force is not so serious. necessary. The mere possibility of causing such danger or damage is
As to deliberateness of force ' sufficient (REYES, Book Twosifira at 165).
2. Encouraging disobedienAlt‘ffepw or to the constituted authorities or by
Attack orEmployme ffketiN are'k o /Employment of Force is not praising, justifying or extogiffgAnyeAct punished by law, by the same means or
deliberate. a te.
necessarily .44deliber by words, utterances or speeches;
,e 4 )
3. Maliciously publishing or ,:rel.4srrit gitoTilifewrblishe.,(Ii'seny official resolution or
As to manner of commission . • ••
.4/ I
document without epthdrityftorndeW&hke:b4lpublished officially; and
Committed in any oft le following waysi-7s, ZommiAed Ntresikng or seriously 4. Printing, publishing or distributip (or causing theiseme) books, pamphlets,
1. By attackin • disobeyi g a PgodfrAP,', periodicals, ci9eafjets whichAp,got bear the real printer's name, or which are
2. By use o el , classified as anonymous. T:1?
r*-°4
3. By serioy ntipidatio ' h.;
Iii d Note: Under par. 14Poftepder- must knoylf that the news' is falie. If the offender does
y.jnce
4. iBy serio8sl esista not know that thenIeWs
4, is'falSei-he is notkliable under this Art., there being no criminal
§ r-11 :•7 intent on his peit (Id.). 4
(REYES, Boo Tworslpra
U N„ Alarms and Scandals Wg
Chapter Five. Public Disor erg;.,
11, Q: What are thepgaisrh,bkacts asfalarms and scandals?
Q: What are the crimes Olssifir,1„:14pder ubItc(5sorder ANS: The punishablObts are;,(DID.:Ca)
ANS: The crimes e:-(DATU) rr 1. Discharging am firgerm, rocket, kore"sker, or other explosive within any town
1. Tumults an otherAtulpencbBlio o er r. eC 41rt. 153); or public place4whi6h pr9,0,wwigan:i*O„q0,5,T,j
2. Unlawful use • measp-orpublication.a I utterances (RPC, Art. 2. Instigating orite,king apActive Pgif in Ohariian or other disorderly meeting
154); (II offensive to another opprejudicial to public tranquility;
3. Alarms and scanda sk(OZZAt-M ); 3. Disturbing the iili.151jojteace while wandering about at night or while engaged in
4. Delivering prisoners from jarr(RPe7A". 156). any other nocturneal amusements; and
4. Causing any disturbance or scandal in public places while intoxicated or
Tumults and Other Disturbances of Public Order
otherwise, provided Art. 153 is not applicable.
Q: What are the punishable acts under the crime of tumults and other Note: Under par. 1, the discharge of the firearm should not be aimed at any
disturbances of public order? person; otherwise the offense would fall under Art. 254 punishing discharge of
ANS: The punishable acts are: (CIM-DB) firearm, or homicide under Art. 249 (REYES, Book Two, supra at 167).
1. Causing any serious disturbance in a public place, office, or establishment;
Note: Serious disturbance must be planned or intended otherwise the act Q: What is a charivari?
would fall under another crime (REYES, Book Two, supra at 162). ANS: It includes a medley of discordant voices, a mock serenade of discordant noises
2. Interrupting or disturbing public performances, functions or gatherings, or made on kettles, tins, horns, etc., designed to annoy and insult (Id.).
peaceful meetings, if the act is not included in Arts. 131-132;
Delivering Prisoners from Jail
3. Making an outcry tending to incite rebellion or sedition in any meeting,
association or public place; Q: What are the elements of delivering prisoners from jail?
Note: Outcry means to shout subversive or provocative words tending to stir ANS: The following are the elements: (CR)
up the people to obtain by means of force or violence any of the objects of 1. That there is a person Confined in a jail or penal establishment; and
rebellion or sedition (REYES, Book Two, supra at 163). 2. That the offender Removes such person or helps the escape of such person
4. Displaying placards or emblems which provoke a disturbance of public order in (REYES, Book Two, supra at 168).
such place; and

278 279
Note: A person who committed any act of harboring, concealing, or assisting in the Evasion ofService of Sentence on the Occasion of Disorders Conflagrations,
escape of the principal of the crime, provided that the person acted with abuse of his Earthquakes, or Other Calamities
public functions or whenever the author of the crime is guilty of treason, parricide,
murder, or an attempt to the life of the Chief Executive, or is known to be habitually Q: What are the elements of evasion of service of sentence on occasion of
guilty of some other crime, shall be deemed as an accessory to the principal crime disorders under Art. 158 of the RPC?
ANS: The following are the elements: (CD-[SCEEM]-L48)
(RPC, Art. 19(3)).
1. That the offender is a Convict by final judgment and is confined in a penal
Q: What is the liability of the prisoner who escapes? institution;
ANS: It depends. If the prisoner removed or whose escape is made possible by the 2. That there is Disorder, resulting from: (SCEEM)
commission of the crime of delivering prisoner from jail is a detention prisoner, such a. Conflagration,
prisoner is not criminally liable. However, if the prisoner is detained because of a b. Earthquake,
conviction by final judgment, such prisoner shall be criminally liable in evading his c. Explosion,
d. Similar catastrophe, or
sentence under Art. 157 of the RPC (REYES, Book Two, supra at 168).
e. Mutiny in which he has not participated;
Chapter Six. Evasion ofService of Sentence 3. That the offender Leaves the penal institution where he is confined, on the
occasion of such disorder or during the mutiny; and
Q: What are the kinds of evasiop,of4erVidrOf.s ntence? 4. That the offender fails to give b)rnself up to the authorities within 48 hours
ANS: The kinds of evasion5.Sg ice of'erjenl t f-pre; following the issuance o,ftelfCrjoClamation by the Chief Executive announcing
1. Evasion of seryr s ntc_nce by escaningrdUin the term of his sentence the passing away of suchroArri itPREYES, Book Two, supra at 175).
(RPC, Art. 1,57);
2. Evasion/s entenc e occas oldporders (RPC, Att. 158); Q: What is the effect of the surien;der' the escapee under Art. 158? What about
and N._ the effects of his failure to surrendell..,
3. Other crash ` asion of savice4., f FAitenc by rating he conditions of ANS: If the escapee gives byni elf Werth-6 ettlibritieeAltbin 48 hours following the
conditional pa .don ( PC, dt. 15r94 " Cr) issuance of the Chief Executive announcirig the passing away of the calamity, he shall
fir be entitled to 1/5 deddafon.of the perloceof his sentence. thithe other hand, failure to
)-->• surrender within the aforementiorjed,penoh shall suffer an kicrease of 1/5 of the time still
430,
1,
Evasion of Service alSente ce III 10'4
• remaining to be semeitilbt.Lbeabscapee under the original' sentence, not to exceed six
Q: What are efnents of eves( 71 ce o sentence-by escaping during
months (RPC,,4 10,598). eek ;i
the term of hi se eltc C') Note: A deduct%) of twofifths of the pen4 of his septencelishaliki
ANS: The ele eptnre: ( be granted in case
1. That t e-offerVer C b pa * 1.19 e • t; said prisoneri#,Sosedo:stOiqthetpWe of* confinenzerpnoVith5anging the existence
of a calamity or3catastropherenumerated iat*t. 158 (RAq0.59ziedo4).
'2. That h is serving hi e t ce, hie c ,is in pprivatin of liberty; and VT
6y Escaping during the term of his `tr,t7,-.49' '01
3. That he vades es ry o tJi e t
sentence REYE oo TV .) t[97 -17 r Other Cases of Evasion' of Service aSentence
¢-t

Q: What are the elements of violatron oAcon4ronetpardon?

Q: Can a person p 'shed destierrobe IAI4flir evasion of service of ANS: The following areiteelementsi,sgsilipyopc,t2j-zz
sentence? 7 1. That the offeplier was,oCenvict;
2. That he was Gii lenledf. conditional pardon by the Chief Executive; and
ANS: Yes. Destierro is a depnv ion of 4 eve hough it is partial. Therefore, if a
person is prohibited to enter a partMlarTla e ecause he is punished by destierro, 3. That he Violatedlebyrof the conditions of such pardon (REYES, Book Two,
violation of said penalty will make him criminally liable for evasion of service of sentence supra at 178).
(People v. Abilong, G.R. No. L-1960. November 26, 1948).
Q: What is conditional pardon?
Q: What are the circumstances qualifying evasion of service of sentence? ANS: It is a contract between the Chief Executive and the convicted criminal that the
ANS: The crime is qualified if the evasion or escape takes place: (UBUC) former will release the latter subject to the condition that if he violates the terms of the
pardon, he will be recommitted to prison to serve the unexpired portion of the sentence
1. By means of Unlawful entry; or an additional one (Tiu v. Dizon, G.R. No. 211269, June 15, 2016, Perlas-Bemabe).
2. By Breaking doors, windows, gates, walls, roofs, or floors;
3. By Using picklocks, false keys, disguise, deceit, violence or intimidation; or Q: Distinguish violation of conditional pardon from evasion of service of sentence
4. Through Connivance with other convicts or employees of the penal institution by escaping.
(REYES, Book Two, supra at 174). ANS: Violation of conditional pardon does not cause harm or injury to the right of other
person nor does it disturb the public order; it is merely an infringement of the terms
Q: Who are not liable for evasion of service of sentence? stipulated in the contract between the Chief Executive and the criminal (REYES, Book
ANS: The following are not liable for evasion of service of sentence: Two, supra at /80).0n the other hand, evasion of service of sentence is an attempt at
1. Detention prisoners and an accused who escapes during appeal; least to evade the penalty inflicted by the courts upon criminals and thus defeat the
2. Minor delinquents; and purpose of the law either reforming or punishing them for having disturbed the public
3. Deportees (REYES, Book Two, supra at 172). order (Alvarez v. Director of Prisons, G.R. No. L-1809, January 23, 1948).

280 281
 Chapter Seven. Commission ofAnother Crime During Service of Penalty Imposed 14. Using false certificates (Art. 175);
forAnother Previous Offense 15. Manufacturing and possession of instruments or implements for falsification
(Art. 176);
Commission of another Crime during Service of Penalty Imposed for another
16. Usurpation of authority or official functions (Art. 177);
Previous Offense 17. Using fictitious name and concealing true name (Art. 178);
Q: What is quasi-recidivism? 18. Illegal use of uniform or insignia (Art. 179);
ANS: Quasi-recidivism is a special aggravating circumstance where a person, after 19. False testimony against a defendant (Art. 180);
having been convicted by final judgment, shall commit a new felony before beginning to 20. False testimony favorable to the defendant (Art. 181);
serve such sentence, or while serving the same (REYES, Book Two, supra at 183). 21. False testimony in civil cases (Art. 182);
22. False testimony in other cases and perjury (Art. 183);
Q: What are the elements of quasi-recidivism? 23. Offering false testimony in evidence (Art. 184);
ANS: The elements of quasi-recidivism are: (FiNe) 24. Machinations in public auction (Art. 185);
1. That the offender was already convicted by Final, judgment; and 25. Monopolies and combinations in restraint of trade (Art. 186); and
2. That he committed a New felony before beginnifig to serve such sentence or 26. Importation and disposition of falsely marked articles or merchandise made of
while serving the same (Id.). gold, silver, or other precious metals or their alloys (Art. 187).
Note: Although the second crime must e,a..f o , the first crime for which the offender
is serving sentence need not bePa' elony (REYES bo Two, supra at 184). Chapter One. Forgeries
Section One. Forging the Seal ofth'e:Government of the Phi/;,opine Islands, the
Q: Distinguish quasi-reciuivim fj9p3vreiteracjwi .„). -
Signature or Stamp of the CluefTE
ANS: The aggravating/cyc nistance of reiteracionkrequiree., at the offender against
e servedifireirsentqncel ort(iOlior offenses, while in
whom it is consideredrsfeDa\r, Counterfeiting the Great Seal ofth&c.ibtrernmentof the Philippine Islands, Forging
quasi-recidivism tf6. eedYnof serveymt10 septena aft ti elif the commission of the Signature or Stamp of theChiertxecurive -71%f„ ,4
the second offe te People v. Laysok et4li Gk No. 10568 Octaer 31, 1946). Q: What are the punishable acts under Art. 161 of the RPC?
ANS: The punishable Vs are: (GPS)pt
.„„Stinces vhen a,
Q: What are ttle.ti quastfrreddliits can be papmed?
c 1. Forging the Great Seal the GoS;!ernment of the Philippines;
ANS: The following-acp the iritanede-, \--Tvr I 2. Forging thel.signature of the President;
President and "
1. At the age1df 70, if he shalreftavOirea y served out hOorigi al sentence (and 3. Forg‘ i4gfthe Stamp of-iffe President (REYES Bobk TWo, supra at 190).
• not a hibtityll crifilliTO; or M`' ) I
2. Whe ikiers13,11 11-0 'completed 1111AiT,.atter
Ar reasr tpd. of 70, unless by Using Forgerjrgnature.OilCouriterf
,eitSTIorStainp
reasont bf his „gond , oth5c r,oprg,new e shall not e worthy of such
clemex (REY S, wo;' pra 46,);"" e4 i
Q: What are the,elemeiit4f usinglOrggnature orcbunteifeit seal or stamp?
ANS: The elemenrs!preWell-KU) 9 s.
'04
1. That the Sealof th9AIRepublic
D. CRIMES AGAINSTPUBLI wakcounterfeited, or the signature or stamp of
the Chief Exacutviwas forgedAapOth:Oarson;
Under the Revised Penall&de 2. That the offender Knew„ofpercititihtekrfeitihdafoitery; and
,r A 3. That he Used die coulArfeit seal or forged signature or stamp.
Q: What are the crimes against Rublic 118elirekrd5,the RPC?
Note: The offender must not ;be the forger; otherwise, the crime committed is forgery
ANS: The crimes against pubitelntewlundert-RPCeare:
under Art. 161 (REYES, BraTwo, supra at 191).
1. Counterfeiting the great seal Ortffe-Government of the Philippines, forging the
signature or stamp of the Chief Executive (Art. 161);
Section Two. Counterfeiting Coins
2. Using forged signature or counterfeit seal or stamp (Art. 162);
3. Making and importing and uttering false coins (Art. 163); Q: What are the crimes under counterfeiting coins:
4. Mutilation of coins, importation and uttering of rnutilated coins (Art. 164); ANS: The crimes are:
5. Selling of false or mutilated coins, without connivance (Art. 165); 1. Making and importing and uttering false coins (RPC, Art. 163);
6. Forging treasury or bank notes or other documents payable to bearer, 2. Mutilation of coins -importation and utterance of mutilated coins (RPC, Art.
importing, and uttering of false or forged notes and documents (Art. 166); 164); and
7. Counterfeiting, importing, and uttering instruments not payable to bearer (Art. 3. Selling of false or mutilated coin, without connivance (RPC, Art. 165).
167);
8. Illegal possession and use of forged treasury or bank notes and other Q: What is a coin?
instruments of credit (Art. 168); ANS: A coin is a piece of metal stamped with certain marks and made current at a
9. Falsification of legislative documents (Art. 170); certain value (Bouvier's Law Dictionary, p. 519).
10. Falsification by public officer, employee or notary (Art. 171);
11. Falsification by private individuals and use of falsified documents (Art. 172); Q: What is the meaning of "counterfeiting"?
12. Falsification of wireless, cable, telegraph and telephone messages and use of ANS: Counterfeiting is the imitation of legal or genuine coin or when a spurious coin is
said falsified messages (Art. 173); made (Id.).
13. False medical certificates, false certificates of merit or service (Art. 174);

282 283
Making or Importing False Coins Q: What is the nature of possession in Art. 165?
ANS: The possession prohibited in ART. 165 is possession in general, that is, not only
Q: What are the elements of making and importing false coins?
ANS: The elements are: (FMU)
actual, physical possession but also constructive possession or the subjection of the
1. That there be False or counterfeited coins; thing to one's control, otherwise offenders could easily evade the law by the mere
2. That the offender either Made, imported, or uttered such coins; and expedient of placing other persons in actual, physical possession of the thing although
retaining constructive possession or actual control thereof (People v. Andrade, G.R. No.
3. That in case of Uttering such false or counterfeited coins, he connived with the
counterfeiters or importers (REYES, Book Two, supra at 192). 100985, September 17, 1993).
Note: If false or mutilated coins are found in the possession of the counterfeiters, or
Q: When is a coin false or counterfeited? mutilated, or imported, such possession does not constitute a separate offense
(REYES, Book Two, supra at 196-197).
ANS: A coin is false or counterfeited if it is forged or if it is not authorized by the
Government as legal tender, regardless of its intrinsic value (REYES, Book Two, supra
Section Three. Forging Treasury or Bank Notes, Obligations and Securities.
at 193). Importing and Uttering False or Forged Notes. Obligations and Securities
Q: How is importing and uttering committed? Forging Treasury or Bank Notes. Obligations and Securitiesilmporting and Uttering
ANS: To import fake coins means to bring them into port. Uttering, on the other hand, is False or Forged Notes, Obligations and Securities
to pass counterfeited coins. It inc destiendliVery.er,the act of giving them away (Id.).
Q: What are the punishable acts under'fArt. 166 of the RPC?
N T 1 h 7:'-;
Q: Can former coins wejt.h,c1rIun-frpm cireulatign be Cpunterfeited under Art. 163?
ANS: The punishable acts are: (FOr
'41drawn coins since the 1. Forging or falsification oti`Itkesuryi:er bank notes or other documents payable
ANS: Yes. The law contffiues tb putfighlreactkcif meting k.
it, „,40 .
cle to maing.zjatInIbtualsip.ilation. Art. 163 does not to bearer;
forger may later ap, rai 2. Importation of the samejsuctill4t4hey,T.pre brought into the Philippines and
distinguish between "cur r afirSithdre* toms (REV S, B Two, supra at 194).
presupposes that the liblidsetithanble'eiWeforbdd or falsified in a foreign
P,/k X
Mutilation of Coins - Importation and Utterance of il)utila ed Coins
country; and
3. Uttering the same in connrri9e with forgers or ilripgrters: it means offering
Q: What are tIleptiniithabletacts-tinditi4164-of-th;eIRPCW obligations digtioteS
knowinetht to be false or forged, whether such offer is
'e°'""'4
ANS: The puniehtEle cts area: II ic'70 accepted orktapyllitoa representation, by words .•';)r actions, that they are
1. Mutatingocoins of the legal-cup*
z_ ?ynifith tide intent q.dallage or to defraud genuine arrWith•ah.dntent to defedud (REYES, Bookawct supra at 198).
2. anottlen-agck
Imporligfor utte,g\sr mutilates fud,her requirement that Q: How is forgery committed?
thereusto'b co rfikce Oki fie , portelv in case of uttering ANS: Forgerycorrithitted".43
Its
two,w.eys:
(REYES, Boo '',Lipr eff,9 495)" 1. By gi v ing to xtmeury or Onk ripte or any instrument to bearer or to
order thefsapp,taran of a true aqgenuine document or
Q: What is the meaning ofhTnutis_aji,r3,,\ ..11 2. By erasin'gtsubstitlng, counterfpitinkor altering by any means, the figures,
ANS: Mutilation meaRe to takeNotealtafie etaeit er.b fiN,ig it or substituting it for letters, words.ibr containeditiWeihrTRIP,,C Art. 169).
ltils'arhact.,tpcdimnsjAk nbenious means the metal in
another metal of inferior qupli i e•fsr
supralat 195 A. Q: What are the note -and otherooblidatians and securities that may be forged or
the coin (REYES, Book
falsified under Art. 1662; , gl
ANS: They are: ,
Q: Can a person be held criminal yliable.for utilating a foreign coin? ns
ANS: No. The coin mutilated must be of legal currency or current coins of the 1. Treasury or bank notes;
Philippines. It must also be genuine and has not been withdrawn from circulation. 2. Certificates; and
Therefore, if the coin mutilated is legal tender of a foreign country, it is not a crime of 3. Other obligations and securities, payable to bearer.
mutilation under the RPC (People v. Ong Eng, G.R. No. 30991, September 17, 1929). Note: It is commonly opined that the falsified document must be officially classified as a
government security for the falsification to be punishable under Art. 166 or 167.
Selling of False or Mutilated Coin, Without Connivance Otherwise, the document is classified as a commercial document or letter of exchange,
forgery of which is punishable under Art. 172 (REYES, Book Two, supra at 201-202).
Q: What are the punishable acts under Art. 165 of the RPC?
ANS: The punishable acts are: (PA) Counterfeiting. Importing and Uttering Instruments Not Payable to Bearer
1. Possession of coin, counterfeited or mutilated by another with intent to utter Q: What are the elements of counterfeiting, importing and uttering instruments
the same knowing that it is false or mutilated; and
not payable to bearer under Art. 167 of the RPC?
2. Actually uttering false or mutilated coin, knowing it to be false or mutilated. ANS: The elements are: (PIC)
Note: It is NOT required that the false coin be current or legal tender. But if the coin 1. That there be an instrument Payable to order or other document of credit NOT
being uttered or possessed with intent to utter is a mutilated coin, it must be a legal
payable to bearer;
tender (REYES, Book Two, supra at 195-196). 2. That the offender either forged, Imported, or uttered such instrument; and
3. That in case of uttering he Connived with the importer or forger (REYES, Book
Two, supra at 203).

254
265
Illegal Possession and Use of False Treasury or Bank Notes and Other Instruments Falsification of Legislative Documents
of Credit
Q: What are the elements of falsification of legislative documents?
Q: What are the elements of illegal possession and use of false treasury or bank ANS: The elements are: (BAPA)
notes and other instrument of credit? 1. That there be a Bill, resolution, or ordinance enacted by or approved or
ANS: The elements are: (TB-KUP) pending approval by either House of the Legislative or any provincial board or
1. That the Treasury or Bank note or certificate or other obligation and securities municipal council;
payable to bearer or any instrument payable to order or other document of 2. The offender Alters the same;
credit not payable to bearer is forged or falsified by another; 3. That he has no Proper authority therefor; and
2. The offender Knows that any of these instruments is forged or falsified; and 4. That Alteration changed the meaning of the document (Id.).
3. That he performs any of these acts:
a. Using any of such forged or falsified instruments; or Q: Are there any other acts of falsification, aside from alteration which are
b. Possession with intent to use of any of the forged or falsified included in the falsification of legislative documents?
documents (REYES, Book Two, supra at 204). ANS: Art. 170 punishes only the alteration of any genuine bill, resolution or ordinance
which changes its meaning. Hence, other acts of falsification, even in a legislative
Section Four. Falsification of Legislative, Public, Commercial, and Private document, are punished under Art. 171 or Art. 172 of the RPC (REYES, Book Two,
Documents, and Wireless, TelegcaphiclTelephone Messages supra at 211). sz
Q: What is a document i '1 ..j
me orrother duly authorized paper by Falsification by Public Officer Employee ,Notary, or Ecclesiastical Minister
ANS: A document is clefirte-d*4a a eectrAristknf
which something is 1pveke'vjdenced or setTr th(Befmeb v. Barrios, G.R. No. L- Q: What are the elements of fa4ficak*-py public officer, employee or notary or
23614-15, Februa 27 9 0)e ecclesiastical minister under Ar;)
5n, 7 ANS: The elements of the crie,are the following :(PEEN-AF
Q: What are thejki4D/L umenv? BtlefliEliscuss eac 1. That the offencleRts4Public officer, Employee:I:NO{.4y public, or Ecclesiastical
ANS: These arf. \
1. PublipP.ds9ments deeurnehf-ereatedr-executed, or is ued by a public
minister; OP'
2. That he take4YAdv.antage ophis-Official position; a d 'k
officiql,<rponse o the,,,exiget p6blic seViceo in the execution 3. The offendeg6isjfiesja,'dobumeti:OREYES, Boo No, supra at 212).
of wl1ich apublic official rriboiened.(1./0. v. sensi, G.R.o. L-11159, August Note: In case 9eptiffencikt an ecclesi
'3471LIEF; astical minister, the act of falsification is
7, 146): committed witk;respect to any record4v document of such character that its falsification
2. Official doct,trniA docurnerits-iii=the-exedcliti* of iwW4public offi cers take may affect thetdiyil stata4persons (REYES, Book two,,supite.et.21i3).
part vicktp2ifficii ocugen't ,wasp, VOI:Comeiparlsof he public records
O‘
••• • pj-1.
(REGAMDONrim ie" ktii rho --.6f4
.Aw t:3:1
Q: When is the offendet4consideredltak* advantagaiif. hieofficial position?
3. PrivateVocumvts- ar eeds ,c3,1rkgt tTents4execute , by private persons ANS: It is when: ky
without the interventiov li or other person
. legally authorized, 1. He has the duty to;li make or titprepare or otherwise to intervene in the
by which IviocumNt,korhe-disTgel agfeegient41s proved, evidenced or preparation otthe,db'cument; or
set forth (U.St OferaGgR.-1=ectober‘t8r ;907); and 2. He has the4ffibial cygodrofith&I'MainieTifewhich he falsifies
l- arei thois .qtb"yo• e chants or businesspersons (U.S. v.
4. Commercial Oclumen)si Inosanto, G.R/tWo. 6896Yoctober 23, 1911).
to promote or lact*e traM, `.crecrit transactions (Malabanan v.
Sandiganbayan, G.R. N5'84,86329,-,Augtrir2, 2017). Q: What is the effect iftailiarson in an official position mentioned in Art. 171
committed falsification but there is no showing that such person has taken
Q: What are the five classes of falsification? advantage of his position?
ANS: These are: (L-DPEN-PAM) ANS: He will still be criminally liable. However, he shall be punished under Art. 172
1. Falsification of Legislative documents (RPC, Art. 170);
instead of Art. 171 because he will be considered as a private person committing the
2. Falsification of a Document by a Public officer, Employee, or Notary public crime of falsification (REYES, Book Two, supra at 213).
(RPC, Art. 171);
3. Falsification of a public, official, or commercial document by a Private
Q: What are the different modes of falsifying a document under Art. 171?
individual (RPC, Art. 172, par. (1)); Enumerate the requisites for each mode.
4. Falsification of a private document by Any person (RPC, Art. 172, par. (2)); ANS: The different modes of falsifying a document are: (C2A-MAMI2)
and 1. Counterfeiting or imitating (feigning) any handwriting, signature or rubric;
5. Falsification of wireless, telegraph, and telephone Messages (RPC, Art. 173). 2. Causing it to appear that persons have participated in an act or proceeding
Q: Distinguish forgery from falsification when they did not in fact so participate;
3. Attributing to persons who have participated in any act or proceeding
ANS: Forgery under Art. 169 refers to the falsification and counterfeiting of treasury or
bank notes or any instruments payable to bearer or order while falsification is the statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
commission of any of the eight (8) acts mentioned in Art. 171 on legislative, public or
5. Altering true dates;
official, commercial, or private documents, or wireless, or telegraph messages (REYES,
6. Making alteration or intercalation in a genuine document which changes its
Book Two, supra at 210). meaning;
286 287
 7. Issuing in an authenticated form a document purporting to be a copy of an Note: There must be narration of facts, not a conclusion of law. Legal obligation means
original document when no such original exists or including in such a copy a that there is a law requiring the disclosure of the facts narrated. The facts must be
statement contrary to or different from that of the genuine original; absolutely false. The crime of falsification is not violated if there is some colorable truth
Note: It cannot be committed by a private individual or by a notary or public in the statements of the accused. If the narration of facts is contained in an affidavit or a
officer who does not take advantage of his official position (REYES, Book Two, statement required by law to be sworn to, the crime committed is perjury (REYES, Book
supra at 228). Intent to gain or prejudice is not necessary, because it is the Two, supra at 220).
interest of the community which is intended to be guaranteed by the strict
faithfulness of the officials charged with the preparation and preservation of Q: Are all alterations of dates considered falsification under Art. 171(5)?
the acts in which they intervene (Id.); and ANS: No. There is falsification under the paragraph only when the date mentioned in the
8. Intercalating any instrument or note relative to the issuance in a protocol, document is essential. The alteration of the date or dates in a document must affect
registry or official book. either the veracity of the document or the effects thereof (REYES, Book Two, supra at
225).
Q: What are the elements of falsification by counterfeiting or imitating (feigning)
any handwriting, signature, or rubric under Art. 171(1)? Q: What are the elements of falsification by making alterations or intercalations in
ANS: The elements are: (IR) a genuine document which changes its meaning under Art. 171(6)1
1. That there be an Intent tojatate.or.anAL tempt to imitate; and ANS: The elements are: (AID-MS)
2. The two signatures orfritandwritinp, th genuine and the forged, bear some 1. That there be an Altex09pv.„(change) or Intercalation (insertion) on a
Resemblance to ach Cher (40) vfRa p G: No. 9146, November 26, document;
/913). 2. That it was made on a gerkufriaprigument;
p )41 tess7;7;771Z;e6-0`tiii3nitatt!
Note: If there is n the signatures of the 3. That the alteration or inter4iatibni.ilas changed the Meaning of the document;
other person so that e en 'relyigilik"rhe'venuinekteatu5,e0he accused may be and
found guilty unde fir nd ode f f ifyirtg,a docume tl (Peop e v. Llave, C.A., 40 4. That the change made thetloCumerie-bp,Zaksupbmething false (REYES,
O.G. 1908). Book Two, supraid(236).
ec
. Cf) Note: Alteration which speaks the trOth,,,ip not falsification/The idea of deception is
Q: What are t e5rements o a siffatiogi y causing it to app ea persons have inherent in the word a)terati:9n -of jialAg the instrument speak something which the
participated i an-act or proceellirOtierrlreVdid not in ect so participate under parties did not intend ittli,oak,:(U.S. v. Mateo, G.R. No. 8 20 geptember 17, 1913).
Art.171(2)? U
ANS: The ele e (CPI ,-;')) Q: Must therelfife genuine documentVsification,' 1:1
1. That he 9ffg de "C du it t p ipparon a OGLIs ent that4 erson or persons ANS: It depeRron the4r4:ie ofesificatiori. In falsification,b iirnalgng alteration or
Nr intercalation, or ncl
partici fated it an afac Loceetlinearid ,Q_ iuding)in a copy a different statement ,:tkeiginiiist be a genuine
2. That s h•persons jfi ‘Irl .`C't '3-6 Aaje in the act o • proceeding. document that islalsifiaTifilbther Paragraplis of Art 171,laiSiflaticin may be committed
Note: The innitatkvof the griatry Pthe, fferisied piarty •s not ne • essary in this mode by simulating or fabri4,Ncating akclocument (RE
(. ES, Book Two, supra at 214).
of falsification (REY S, Book Twb at-2-T8It> Pa
EN EE
Falsification by Privatetind&iduals and US'eapi,alsified Documents
ir‘ ti to persons who have
Q: What are the ele ents9 f-11 eificatiorroby Q: What are the punishable acts under Art. 172, falsification by private
participated in any act o vro6eding etaerbeIts\other‘ han those in fact made by individuals and use bt`falsifile'd documents? Enumerate the requisites for each
them under Art. 171(3)? act. °.-401*
ANS: The elements are: (PSA) ANS: The following are the punishable acts under Art. 172:
1. That persons Participated in an act or proceeding; 1. Falsification of public, official or commercial document by a private individual;
2. That such person or persons made Statements in that act or proceeding; and Elements: (POEA-D)
3. That the offender in making a document, Attributed to such person, statements a. The offender is a Private individual or a public Officer or Employee who
other than those in fact made by such person (REYES, Book Two, supra at did not take advantage of his official position;
219). b. That he committed Any of the acts of falsification enumerated in Art.
171 (pars.1-6); and
Q: What are the elements of falsification by making untruthful statements in a c. That the falsification was committed in a public or official or
narration of facts under Art. 171(4)? commercial Document (REYES, Book Two, supra at 229-230);
ANS: The elements are: (NLeAP) 2. Falsification of private document by any person; and
1. That the offender makes in a document statements in a Narration of facts; Elements: (APD)
2. That he has the Legal obligation to disclose the truth of the facts narrated by a. That the offender committed Any of the acts of falsification except
him; those in par. 7, enumerated in Art. 171;
3. That the facts narrated by the offender are Absolutely false; and b. That the falsification was committed in a Private document; and
4. That the Perversion of truth in the narration of facts was made with the c. That the falsification caused damage to a third party or at least the
wrongful intent of injuring a third person. falsification was committed with the intent to cause Damage (REYES,
Book Two, supra at 235);

288 289
 .:#,:14^rgi..;••q

3. Use of falsified documents Falsification of Wireless. Cable, Telegraph, and Telephone Messages, and Use of
a. Introducing in a judicial proceeding, or Said Falsified Messages
Elements: (KEJ)
Q: What are the punishable acts under Art. 173? Enumerate the elements for each
i. That the offender Knew that the document was falsified by act.
another person; ANS: The punishable acts are:
ii. That the false document was Embraced in Art. 171 or in
1. Uttering fictitious wireless, telegraph or telephone message;
subdivision No. 1 or 2 of Art. 172; and
Elements: (EU)
iii. That he introduced said document in evidence in any Judicial
a. The offender is an officer or employee of the Government or an officer
proceeding.
b. Use in any other transaction or employee of a private corporation, Engaged in the service of sending
Elements: (KEnotJD) or receiving wireless, cable or telephone message; and
b. The offender commits any of the following acts: Uttering fictitious
i. That the offender Knew that the document was falsified by
another person; wireless cable, telegraph or telephone message;
2. Falsifying wireless, telegraph or telephone messages.
ii. That the false document was Embraced in Art. 171 or in
Elements: (EF)
subdivision No. 1 or 2 of Art. 172;
a. That the offender is an officer or employee of the government or an
iii. That he used such.dackwat (Not in Judicial proceeding); and ,
officer or an employgeioq private corporation, Engaged in the service
iv. That J,4Ye oflheifal e yocum4nt caused Damage to another
ol,af lea'slt waLybe with intent, to cause damage (REYES, of sending or receiving wireless, cable or telephone message; and
b. That he FalsifiesAireipssgelegraph or telephone messages.
z eol7Tvtip, SUpra.at=24.4) 3. Using such falsified messages :kr. '
),.. Elements: (KUP) f:,.;,
Q: Is mere falsifivtioncoOva e-dotutenough ay. mtkthe crime? ia, . .•::'': .
a. That the accused Knew/ atziarqm,.„.pabip, lei
ANS: Mere faisific4n ,irriv e docg &kis rIpt eno liN-Sst(o 'ribs are required: telegraph or telephone
1. He mutt hat alsified the mel4net message ms':falsifreci4y any persorrspecifi41 in Art. 173 par. 1;
b. That theaccused Used such falsified dispatcORnd
2. He mitt hav pert med an indiP ndent act on thecjegfied document which
c. That the use of the falsified dispatch resultkiin4the prejudice of a third
let;to he prTju ice o i N persons ,(e.g. dp,lasAig or showing the
party„tlbe tthqt the--use (3ereof
te was with the lintent to cause such
docu git-to anyone: (f4StPAtolcsTiCiosura at 237L4 1 *
PrejOdice,REYES, Book pc), supra at 246-247).;.
opert.00144 c
Q: Is there a co mpl9x crime c:1 estafi,hidiigh falsitifitibn of a private document?
There islino Al ple r'cr\e of esiata Mi:.Fig-Ma 'fiCatid*of,alprivate document Section Five4alsificatienof Medical Certificates, Certificates of Merit or Service,
ANS: # •\„
i I.,iv , Ac. / and the LikeW
because the imsrleaidt effe Rglksifintion,o prif,tp,pocunpnt is ,tie same as that of
estafa. The fra Oulent ain to , ecrihrlugfr,dpceitim
,,-,/ —.4/ estafa, inithe commission of 5," ,
False Medical CertifiCateS;Walse Certificates of Merit or Se'rvice, Etc.
which a private Acumen ealquothi_ng?' ore nog less than the very damage
Q: Who may be liable for thetfalsificatio of certificates under Art. 174?
caused by the falsif ation of.suc , d&pu rrtc(gEiYE , BA Two,,supra at 240-241).
ANS: The persons liablefire;t,
0).‘‘''''' — NI 1 .:w,
' " ./ 1. Physician or,rgeon who,A;connectioriNiftthitnainractice of profession issued
Q: Distinguish falsificatioD,of public/official o\.. mercial document from
1., .! r i a false certifidSfe;
falsification of private docwrientr
1\_ )o61/commercial
4 2. Public officerko,isied a false certificate of merit or service, good conduct or
ANS: When falsification of &Obliajofficia document is committed as a
necessary means to commit estafa, pie-rail: lie is committed. On the other hand, similar circumstanOsSftand
even when falsification of private document is committed as a necessary means to 3. Private individual who falsified a certificate falling in the classes mentioned in
Nos. 1 and 2 (RPC, Art.174).
commit estafa, complex crime is not committed. The crime is either estafa or falsification
only, whichever was committed first, because in this type of falsification, an act
independent of falsification is required to show intent to defraud (REYES, Book Two, Q: What is a certificate?
ANS: A certificate is any writing by which testimony is given that a fact has or has not
supra at 238).
taken place (Bouvier's Law Dictionary, p. 442).
Q: Distinguish falsification committed by a private individual from falsification
Using False Certificates
committed by a public officer.
ANS'. In falsification by a private individual, the prejudice to a third party is taken into Q: What are the elements of the crime of using false certificates?
account so that if damage is not apparent, or at least if with no intent to cause it, the ANS: The elements are: (PS-KU)
falsification is not punishable. While in falsification by a public officer, prejudice to third 1. That a Physician or Surgeon had issued a false medical certificate, or a public
person is immaterial; what is punished is the violation of public faith and the perversion officer had issued a false certificate of merit or service, good conduct, or
of truth (People v. Castro, G.R. No. L-22646, December 19, 1924). similar circumstances, or a private person had falsified any of said certificates;
2. That the offender Knew that the certificate was false; and
3. That he Used the same (REYES, Book Two, supra at 250).

290 291
Note: When any of the false certificates mentioned in Art. 174 is used in the judicial 2. That he uses that fictitious name publicly; and
proceeding, Art. 172 does not apply, because the use of false document in judicial 3. That the purpose of the offender is:
proceeding under Art. 172 is limited to those false documents embraced in Arts. 171 a. To conceal a crime;
b. To evade the execution of a judgment; or
and 172 (Id.). c. To cause damage to public interest (REYES, Book Two, supra at 258).
Section Six. Manufacturing. Importing. and Possession of Instruments or Note: If damage is caused to private interest, the crime will be estate under Art. 315,
subdivision 2 (REYES, Book Two, supra at 258).
Implements Intended for the Commission of Falsification
Manufacturing and Possession of Instruments or implements for Falsification Q: What are the elements of concealing true name?
Q: What are the punishable acts in Art. 176? ANS: The elements of concealing true name are: (OTP-I)
ANS: The punishable acts are: (MP) 1. That the Offender conceals:
1. Making or introducing into the Philippines any stamps, dies, marks, or other a. His True name; and
instruments or implements for counterfeiting; and b. All other Personal circumstances; and
2. Possessing with intent to use the instruments or implements for counterfeiting 2. That the purpose is only to conceal his Identity (REYES, Book Two, supra at
or falsification made in or introduced into the Philippines by another person. 259).
Note: It is not necessary that the im j m Jats.aonfiscated form a complete set for
i;iploxed by themselves or together Q: What is a fictitious name?
counterfeiting, it being enough a heyinax be er
with other implements top mite crin e 9f c 9teeitirig or falsification. Arts. 165 and
rte t
ANS: A fictitious name is any otheOnarr*which a person publicly applies to himself
176 punish not only actual, p y4ca J2pssess bu iso cons ructive possession or the without authority of law (U.S. v. To.'t411X4G R. Na 11522 September 26, 1916).
subjection of the thin ' corirol (REYES, BookyTwo,Ap\, at 251).
Q: Distinguish the use of fictipownalhel:0, concealment of true name and
Chapter Two. Ot ersFa si les other personal circumstances' t.1"
21of Author y, Rcirk.Xle and Improper Use of Names
Section One. Usurpation
ig • ANS: The two crimes di rOccording to:
1. Element of publicity: 01,
Uniforms and in I ni In use of fic(itcji name, Ifir 44.nent of publicity giuSt be present; while in
Usurpation of9Adirority or OfficialFun lons#7 concealing true nand
.r othe ersonal circu stances, that element is not
Q: What are thelly6 ffense contern la
A1
ed`,.›.
AngArt. necessy/
2. Purpo-se of the crime:
kaa,
ANS: These a?e•-.4
TheS,rfoose,,se ofkfictitiousOme is qr44914119prthenumerated (to
1. Usurifirrpf au
conceal a crimertiDevadAle e4ution of aifgaddik00480b' cause damage);
2. Usurpation'o offici while in4conegrAtrueme, itlis merely to obhC6'allfd'entity (REYES, Book
Q: What are the o ways of co rti f.50 under Art. 17}7? Two, suprwatl,259kPA
eizt
ANS: They are: (wing
1. By Know y misrep e tCWErWegb n't?Rceriagent or representative Illegal Use of Uniforms,orInA
s&
ffiptlierlocaly-xiatiorla Cfprejgvror At;""-
of the govern entiv Q: What are the elements of illegal'use of uniforms or insignia?
2. By Performing anyackpepaining, toViksilnAn;authority
a or public officer of the ANS: The elements are:.
,zs:!.:3f:lat. osition and without authority.
government under tffe,:pretei 1. That the offencrearkakes use of insignia, uniform, or dress;
2. That the insignia, uniform or dress pertains to an office not held by the
Q: May a de facto officer be held liable under Art. 177? offender or to a class of person of which he is not a member; and
ANS: No. Art. 177 punishes the usurper or one who acts under false pretenses and not 3. That said insignia, uniform or dress is used publicly and improperly (REYES,
the occupant under color of title. There must be a positive, express and explicit
Book Two, supra at 261).
representation on the part of the offender (REYES, Book Two, supra at 253). Note: Wearing the uniform of an imaginary office is NOT punishable. The office must
Note: R.A. 75 provides penalty for usurping authority of diplomatic, consular or other
actually exist. An exact imitation of a uniform or dress is unnecessary (REYES, Book
official of a foreign government in addition to the penalty imposed by the RPC. Two, supra at 262).
Q: To whom should the acts referred to by Art. 177 pertain to?
Q: What are the special laws governing the punishment of illegal use of uniforms
ANS: The acts performed must pertain to: or insignia?
1. The Government; ANS: The special laws are:
2. Any person in authority; or 1. R.A. 493: punishes the wearing of insignia, badge or emblem of rank of the
3. Any public officer (REYES, Book Two, supra at 256). members of the Armed Forces of the Philippines or Constabulary;
Using Fictitious Name and Concealing True Name 2. R.A. 75: punishes the use of uniform, decoration or regalia of a foreign State;
and
Q: What are the elements of using fictitious name? 3. E.O. No.297: punishes the illegal manufacture, sale, distribution and use of
ANS: The elements of using fictitious name are: PNP uniforms, insignias and other accouterments.
1. That the offender uses a name other than his real name;

292 293
Section Two. False Testimony Fa/se Testimonyin CM/Cases
Q: How is false testimony committed? Q: What are the elements of false testimony in civil cases?
ANS: A false testimony is committed by a person who, being under oath and required to ANS: The elements are: (CIF-TI)
testify as to the truth of a certain matter at a hearing before a competent authority, shall 1. That the testimony must be given in a Civil case;
deny the truth or say something contrary to it (REYES, Book Two, supra at 263). 2. That the testimony must relate to the Issues presented in said case;
3. That the testimony must be False;
Q: What are the three forms of false testimony? 4. That the false Testimony must be given by the defendant knowing it to be
ANS: The forms are: (CriCO) false; and
1. False testimony in Criminal cases -whether in favor of or against the 5. That the testimony must be malicious and given with an Intent to affect the
defendant (RPC, Arts. 180 and 181); issues presented in said case (REYES, Book Two, supra at 269).
2. False testimony in Civil cases (RPC, Art. 182); and
3. False testimony in Other cases (RPC, Art. 183). Fa/se Testimonyin Other Cases and Perjury in SolemnAffirmation
Q: What are the two ways of committing perjury?
Fa/se TestimonyAgainst a Defendant ANS: Two ways of committing perjury:
Q: What are the elements of falseltsjimony against a defendant? 1. By falsely testifying under oath;;p5
ANS: The elements are: popar 2. By making a false affidavit ( :
Note: Falsely testifying under oatVSAC90.
...:::,y Book Two, supra at 271).
,f3,..g.
1. That there be a Crimindhproceezjg; N OT be in a judicial proceeding otherwise it
2. That the offer ei testiftes-fa ely.under bath apayistitie defendant therein; may fall under the crime of false tjgtirribia3EYES, Book Two, supra at 271).
6 es false testimonyan6wylf it is false; and Vc+1.4'-'4^-1
3. That the o
4. That the efe icf ainst-Wffp-M-the.feN:tzstimo y is given is either Q: What are the elements of majdrigia4alikaffidavit?
Acquitts q•Capicted in al-pallu'dg pnt (People .e aneja, G.R. No. 47684, ANS: The elements are: (SCAR) -. ,1:r
June 1(6, 1947 1. That the accusectrifetie a Stale Statement under oath or executed an affidavit upon
a material matter; :_ 44t,
i,
Fa/se TestimonPThvorable tomh-eDefn an 2. That the statement or Vida% was made befirirq a Competent officer
9 N:t ,, ,
ii ter-.-4 R -
retin)pny4gVorable authorized tovreceive and administer oath;
• - administer
Q: What are the elements o false to the defendant? 3. That in,;?..,,that etaterneqtfor affidavit, the accusedim
t=1 ;'
made e4illful and deliberate
ANS: The elerpeeare: Assertion of kfalsehood; and, r.N,,
1. That there'b a Ccithal_pooceeerig . 4. That:' kwofrir4atement or affidavit containing thePfalsi*ipRequired by law .0
•2. That ql-ry der\tks ies falgly der oat oft ,e defendant therein; .N.14,), •.
.16k (14* ''''' '.}1 1. ''''z''''
and ,,..t„, . .fzif. !''''c:-•,' .';,:.4 ..,...:,
3. That the .offender who, false i
te o s that it is false (REYES,
Q: What is a "mate:tialltnatior in rfilatioltto the crime of perjury?
Book Tinto, sup4at 264-12 6) ANS: It is the main 'fact,whicitwas the subjectofthe ,,?,•,., .-..,a inquiry or any circumstance or fact
which tends to provettpelabt subject ,.*tkipinciy.iy.,,which tends to corroborate or
Q: May a witness who gaye:ri falstzlnlojiy,be helcia13,1 even if his testimony
strengthen the testimorirrelativ,efflohtielqifiiejiggehenkhich legitimately affects the
was not considered bjlAh ,c,!.6<ogn credit of any witness wifetestifieef(Spouses Aboitiz v. Spouses Po, G.R. Nos. 208450 &
ANS: Yes. Since the law puriihes thel\tlsr\4"rerdless if the defendant is 208497, June 5, 2017).S ' ,ti,
acquitted or convicted, it wou1.4%-eertilLUAlaw.iiitends to punish the mere giving of
false testimony in criminal proceedings (REYES, Book Two, supra at 264). False Q: Is good faith or lack of malice available as a defense in perjury and false
testimony is punished not because of the effect it actually produces but because of its testimony?
tendency to favor or to prejudice the defendant (REYES, Book Two, supra at 266). ANS: Yes. It is required in all these crimes that the offender has knowledge of the falsity
or the untruthfulness of the facts he testifies or attest to. Therefore, lack of malice or
Q: May the accused himself be liable for making false statements favorable to
good faith in believing that the false matters were true can be used as a defense in the
him? imputation of said crimes (People v. Abaya, G.R. No. 47710, December 28, 1942).
ANS: A defendant who falsely testifies in his own behalf in a criminal case can only be
guilty under Art. 181 when he voluntarily goes up on the witness stand and falsely Q: How is subornation of perjury committed?
imputes to some other person the commission of a grave offense. If he merely denies
ANS: Subornation of perjury is committed by a person who knowingly and willfully
the commission of the crime or his participation therein, he should not be prosecuted for
procures another to swear falsely and the witness suborned does testify under
false testimony (U.S. v. Soliman, G.R. No. L-11555, January 6, 1917). circumstances rendering him guilty of perjury (U.S. v. Beene, G.R. No. L-6294,
February 10, 1911).
What is the effect if a witness corrects himself after making a false testimony?
Note: Subornation of perjury is not expressly penalized in the RPC; but the direct
ANS: Rectification made spontaneously after realizing the mistake is not false testimony
inducement of a person by another to commit perjury may be punished under Art. 183 in
(El Pueblo de Filipinas v. Ambal, G.R. No. 46954, June 14, 1940). The presumption of relation to Art. 17 (REYES, Book Two, supra at 278).
good faith and principle of imprecise memory runs in his favor.

294 295
 Q: In soliciting any gift or promise as a form of machination in public auctions, is
Offering False Testimony in Evidence
it required that the person making the proposal actually refrain from taking part in
Q: What are the elements of offering false testimony in evidence? any public auction? What about in the second form of machinations?
ANS: The elements are: (FOK) ANS: No. It is consummated by the mere solicitation of gift or promise as a
1. That the offender offered in evidence a False witness or testimony; consideration for not bidding. In the second form of machination, which is attempting to
2. That he Knew the witness or testimony was false; and cause bidders to stay away from an auction by threats, etc., the crime is consummated
3. That the offer was made in a judicial or Official proceeding (Id.). by mere attempt. The threat need not be effective, nor the offer or gift be accepted for
Note: Art. 184 does not apply when the offender induced a witness to testify falsely. Art. the crime to arise (REYES, Book Two, supra at 282).
184 applies when the offender knowingly presented a false witness, and the latter
testified falsely. The penalty is that for false testimony if committed in a judicial Monopolies and Combinations in Restraint of Trade
proceeding and the penalty is that for perjury if committed in other official proceeding
Q: Is Art. 186 of the RPC still a good law?
(REYES, Book Two, supra at 279).
ANS: No. Section 55(a) of R.A. 10667 or the Philippine Competition Act has expressly
Chapter Three. Frauds repealed Art. 186 of the RPC. However, it also provides that violations of Art. 186
committed before the effectivity of this R.A. 10667 may continue to be prosecuted
Q: What are the crimes classified as frauds under the RPC? unless the same have been barred by prescription, and subject to the procedure under
ANS: The crimes are: Section 31 of the same act. Therefore .itienot completely inoperative.
1,
1. Machinations in pubLic,auitig7Arr
2. Monopolies and.paffibil tions r rdst i011o9trd t. Art. 186); Q: What are the acts which arept:00we under the crime of monopolies and
3. Importation astd4Pos io sseI eked edict s or merchandise made of combinations in restraint of tra414-,
gold, silvero6pothIplipcious metals (A 7 VA
trail narnes or service marks (Art.
ANS: The punishable acts are: (CMM)
4. Substitutipearkb,terin -tract 1. Combination or consptagyrldjOn i :eTi freeZFarngetitiax in market - By entering
188); and into any contractewgreementolii taking paltlii-ilaity;cprispiracy or combination
5. Unfair Jan tit n, r
d f :audulen r istraron o ftade trademark, or service
in the form alOtiffist or otherwise, in restraint ofArede or commerce or to
mark; fraudulent ign n ofA Ain and fatsb desc ipe)(Att. 189). prevent by artificial/means frielqmpetition in the market;
I
Section One. Machin dons, . oribAlies, an Cairibinations
2. Monopoly toatestirain free competition in market — \By monopolizing any
merchandise-or cit4jn'of trade 0i/ commerce, olby combining with any other
a k perso5-? o iersort%onogoiizek aid merchandise or object in order to alter
Machinationsin,Pdblic Auctions
--"1-411 ( Enumerate the the prices thereof
„ by spreading PS.1.4
fel4 rumors °reek' g usd:,of any other artifice
Q: What are Itte Apia to restrain-freeporryetitiozbin the:ipprket, ,
' eat 6
elements for eace 3. Making transactions prejudicial *lawful comriikc[01*increase the market
ANS: The punishable a s ar price oPmeraaAise (REYES, Bobk Two, supra at 281-282).
1. Soliciting any g ng from taking part Note: Only property‘possesspd under an 4contract or combination shall be forfeited to
in the publIc auctib the government (RPC, Art. 180(3)).
Elements: (SRP)
a. That'll rep ezfr, 1.01
Q: Who may be liableffor monopolies and combinations?
b. That the cc promise from any of the ANS: The persons liabgla e:
bidders; 1. Manufacturer;r r
c. That such gift or parnise.was.the consideration for his refraining from 2. Producer;
taking part in that public auction; and 3. Processor; and
d. That the accused had the intent to cause the Reduction of the price of 4. Importer (REYES, Book Two, supra at 282).
the thing auctioned.
2. Attempting to cause bidders to stay away from an auction by threats, gifts, Section Two. Frauds in Commerce and Industry
promises or any artifice.
Elements: (PATI) Importation and Disposition of Falsely Marked Articles or Merchandise Made of
a. That there be a Public auction; Gold, Silver or Other Precious Metals or TheirAlloys
b. That the accused Attempted to cause the buyers to stay away from that Q: What are the elements of Art. 187 of the RPC?
public auction; ANS: The elements are: (ISA)
c. That it was done by Threats, gifts, promises or any other artifice; and 1. That the offender Imports, sells or disposes any of those Articles;
d. That the accused had the Intent to cause the reduction of the price of 2. That the Stamps, brands or marks of those Articles or merchandise fail to
the thing auctioned (REYES, Book Two, supra at 281). indicate the actual fineness or quality of said metal or alloy; and
3. That the offender knows that the stamps, brands, or marks fail to indicate the
Actual fineness or quality of said metal or alloy.
Note: Selling the misbranded Articles is not necessary. Art. 187 does not apply to the
manufacturer of misbranded Articles. The manufacturer is liable for estafa under Art.
315 subdivision 2(b) of the RPC (REYES, Book Two, supra at 297).

296 297
E. CRIMES AGAINST PUBLICMORQLS (RPC, Arts. 200-202) Q: Is the mere possession of obscene materials punishable?
ANS: No. Mere possession without intention to sell, exhibit or give away is not
Under the Revised Penal Code punishable under Art. 201 considering that the purpose of the law is to prohibit the
Q: What are the crimes against public morals under the RPC? dissemination of obscene materials to the public (Fernando v. Court of Appeals, G.R
ANS: The following are the crimes against public morals: (PIG) No. 159751, December 6, 2006).
1. Grave scandal (Art. 200);
2. Immoral doctrines, obscene publications and exhibitions and indecent shows Prostitutes
(Art. 201); and Q: Distinguish Art. 202 of the RPC and R.A. 9208 which punishes the trafficking of
3. Prostitution (Art. 202). persons including prostitutes.
Chapter Two. Offenses Against Decency and Good Customs ANS: Art. 202 punishes the prostitutes themselves for willingly offering sexual services
to the public. Pimps and persons engaged in the trafficking of persons or facilitates
Grave Scandal prostitution are punished under R.A. 9208 (Anti-Trafficking in Persons Act of 2003)
Q: What is Grave Scandal? instead.
ANS: It consists of acts which are offensive to decency and good customs which,
having been committed publicly, have given rise to public scandal to persons who have F CRIMES COMMITTED BY PUBLIC OFFICERS (RPC, Arts. 203-245)
accidentally witnessed the same (REf Er,Tarrwo„,q4./pra at 372). Under the Revised Penal Code
N i I
Q: What are the element" fgpve_scandal?. ir Q: What are the crimes committed byi,puptic officers under the RPC?
ANS: The following a .e the lertritedfgraMTeandal: OIANaR ANS: The following are the crimeg;7ctrrlitteA by public officers:
1. That the o ener urformuoitkct 1. Knowingly rendering an tii,h41040Avt,Ort.
2. That sup„act o ctsrbe against decency or 2. Judgment rendered throtighqiegligeitt02/47205
good custbre I zi X 3. Unjust interlocutory order (Art,206);
3. Thattif e highj sca dalous conduct is Not e presslyrfallipg within any other 4. Malicious deNlethe administration of justice (Art pj);
Art. o the_BPC (R h.ES,..Bookr-supra.ati71); and ' 1 5. Negligence oritolesance in ttAprpsecution of offenses (Att. 208);
4. That tIA:Cbt or acts? omit necl e,i bexu;imitted in alPubli6 place or within the 6. Betrayal of trpitl451.pttorhey o6olicitor (Art. 209);g'
publi kno3v edge o view US k SainaniegO, G.R. o. 511;5, November 29, 7. Bribery ofyilolito : •
1909. , ,, ,=_„4, i ty2e
,
r---1
8. Indirect' Bribery (Art. 211);
Note: Even i the Art. es-notc-s" - xpressvii 14) vi vent th9t as a condition 9. Col:Option of j?Sibljc officials (Art 212);
precedent for e e itten this ?ri 011ie off,e/4e against\idecency and good 10. Fraudagdihit.the simitet,OffeWs4
customs must have been ma- kreNc bli eros6f=466d6es hav4this element, it is 11. OtherTrauds„.(Atth14);
' be Art. ' Oct (U.S v. Catajay,
ca d l' eared b'y p7 :• t •
clear that it doe not prNuce't e gave 12. Prohibit6Vaasactto.ps (Are215P
G.R. No. 2785, August 23N906) c., 13. Possessiorlof prohibited inieresti,gra public officer (Art. 216);
`"1 lEINAAN e.,
\‘-•.. 14. Malversation gtpub[tC funds or py.,,terg(Art,R/7);
Immoral Doctrines, ObsceneAtiblica ions-and Exhioitioiis,an Indecent Shows 15. Failure of accountable Rtfiger§,to.I.g:
f eiefii.geeVun%fArt. 218);
201;
Q:Who are the persons e V1- 16. Failure of a responsibleeiblic officer to render accounts before leaving the
rx country (Art. 219); • 4
ANS: The following persons maaSe liable tinger}Art "01:
1. Those who shall publicIpountho roclaim doctrines openly contrary to 17. Illegal use of publAfurids or property (Art. 220);
public morals; 18. Failure to make delivery of public funds or property (Art. 221);
2. The authors of obscene literature, published with their knowledge in any form, 19. Conniving with or consenting to evasion (Art. 223);
the editors publishing such literature and the owners/operators of the 20. Evasion through negligence (Art. 224);
establishment selling the same; 21. Escape of prisoner under the custody of a person not a public officer (Art.
3. Those who, in theaters, fairs and cinematographs or any other place, exhibit 225);
indecent or immoral shows which are proscribed or are contrary to the morals, 22. Removal, concealment, or destruction of documents (Art. 226);
good customs, established policies, lawful orders, decrees and edicts; and 23. Officer breaking seal (Art. 227);
4. Those who shall sell, give away or exhibit films, prints, engravings, sculpture 24. Opening of closed documents (Art. 228);
or literature which are offensive to morals. 25. Revelation of secrets by an officer (Art. 229);
Note: Publicity is essential to the crime (REYES, Book Two, supra at 374). 26. Public officer revealing secrets of private individual (Art. 230);
27. Open disobedience (Art. 231);
Q: What is the test of obscenity? 28. Disobedience to order of superior officers, when said order was suspended by
ANS: The test is whether the tendency of the matter charged as obscene, is to deprave inferior officer (Art. 232);
or corrupt those whose minds are open to such immoral influences, and into whose 29. Refusal of assistance (Art. 233);
hands such a publication may fall and also whether or not such publication or act shocks 30. Refusal to discharge elective office (Art. 234);
the ordinary and common sense of men as an indecency. "Indecency" is an act against 31. Maltreatment of prisoners (Art. 235);
the good behavior and a just delicacy (U.S. v. Kottinger, G.R. No. 20569, August 23, 32. Anticipation of duties of a public office (Art. 236);
1974). 33. Prolonging performance of duties and powers (Art. 237);

298 299
 Abandonment of office or position (Art. 238); Q: What is an unjust judgment?
34. ANS: It is one which is manifestly contrary to law or is not supported by evidence or
35. Usurpation of legislative powers (Art. 239);
both (Id.).
36. Usurpation of executive functions (Art 240);
Usurpation of judicial functions (Art. 241); Note: There must be evidence that the judgment is unjust, it cannot be presumed.
37.
38. Disobeying request for disqualification (Art. 242); Furthermore, Art. 204 does not apply to members of a collegiate court (REYES, Book
Orders or requests by executive officers to any judicial authority (Art. 243); Two, supra at 395-396).
39.
40. Unlawful appointments (Art. 244); and
Judgment Rendered Through Negligence
41. Abuses against chastity (Art. 245).
Q: What are the elements of judgment rendered through negligence?
Chapter One. Preliminary Provisions ANS: The following are the elements for the crime of Judgment rendered through
negligence: (JSUI)
Public Officers 1. That the offender is a Judge;
Q: What are the elements for one to be considered a public officer? 2. That he renders a judgment in a case Submitted to him for decision;
(PA)
ANS: The following are the elements for one to be considered as a public officer: 3. That the judgment is manifestly Unjust; and
1. Taking part in the Performance of public functions in the government or 4. That it is due to his Inexcusable negligence or ignorance (RPC, Art. 205).
performing in said governm901.o.r.,&e of its branches public duties as an Note: Mere error of judgment cannot.nniRas basis for a charge of knowingly rendering
employee, agent ors b6rdinat7 official, oranyLank or class; and an unjust judgment, where there isgno407:9of or even allegation of bad faith, or ill motive,
2. That his Author* to fakepar& t err a ce of public functions or to or improper consideration (Yarandi/A,Odde Rubio, A.M. No. 449-MJ, August 7, 1975).
perform pubfir Ecfel)tra-be;.(1.EA
a. By direct 09,v,ion of the Law; Unjust Interlocutory Order
b. By6401.11pt;pestionro Q: What are the elements of Unjust. fltkkdUtoryfor,Or9.,
c. y/Apptoyttmetit of cmperent,aj.itho* (RIZCALt. 203). ANS: The following are the;egments fcietli4- crime of Ohjuihnierlocutory order: (PJ)
Note: The term puffliVio'ffice" ern8raceKevel*. public seftkit from the highest to the 1. That the offender 'is a Judge;fpqN
lowest. For the urposfs oft.e RPC, it A)t9rates the tanerd' darion in the law of 2. That he Perfogns/ny of thejfdildping acts: (MK)
public officers n "office an 'e -p oyee." i etrrpore performance of public
a. KnowyalpeOerinb unjt interlocutory ode orVecree; or
functions by a makes hie% bliClibfficet(kianego v. eopl G.R No. L-2971,
_11111 b. Rendering,,a1),Manifestly unjust interloctiOry 'order or decree through
April 20, 1951) A-inexcusable negligerfce opignorance (RPC, Art. 206).
Chet'', ter Two. Malfeasance an Misfeasance/70T ice,) A,A.;
Malicious Delay in the Administration ofJUstice
)1\
Q: What is misfeasance? l'Cfr Q: What are thekelelrigr44 malicious May in the administration of justice?
ANS: It is the imkoper p rforntlhc some ac be done (REYES,
ANS: The followinaWthe elements: (JPiDIV1)
Book Two, supra at 393). 1. That the offender isA Judge; Ct.
2. That there is Orkideedihg jr,)0it09 , .
Q: What is malfeasanseVo 3. That he Dela§:4/ he aduinjstrdtieiri'orjogtfardn
ANS: It is the performati of se 4. That the delayis 11/19jiCibus, that is, the delay is caused by the judge with
deliberate intenktb,i(Vict damage on either party in the case (REYES, Book
Q: What is nonfeasance? Two, supra at 398
ANS: It is the omission of some act which ought to be performed (REYES, Book Two,
supra at 394). Prosecution of Offenses; Negligence and Tolerance
Knowingly Rendering Unjust Judgment Q: What are the punishable acts under Art. 208?
ANS: The following are the punishable acts under Art. 208:
Q: What are the elements of knowingly rendering unjust judgment?
1. Maliciously refraining from instituting prosecution against violators of the law;
ANS: The following are the elements: (J-SUK) and
1. That the offender is a Judge; 2. Maliciously tolerating the commission of offenses (REYES, Book Two, supra at
2. That he renders a judgment in a case Submitted to him for decision; 399).
3. That the judgment is Unjust; and
4. That the judge Knows that his judgment is unjust (Id.). Q: What are the elements of dereliction of duty in the prosecution of offenses?
ANS: The following are the elements of dereliction of duty in the prosecution of
Q: What is a judgment? offenses: (DNA)
ANS: A judgment is the final consideration and determination of a court of competent 1. That the offender is a public officer or officer of the law who has a Duty to
jurisdiction upon matters submitted to it, in an action or proceeding (Id.).
cause the prosecution of, or to prosecute, offenses;
2. That there is dereliction of the duties of his office-knowing the commission of
the crime, he does Not cause the prosecution of the criminal or knowing that a
crime is about to be committed, he tolerates its commission; and

300 301
 3. That the offender Acts with malice and deliberate intent to favor the violator of Q: What is the difference between the third form of direct bribery and
the law (Id.). prevaricacion or dereliction of duty under Art. 208?
Note: An officer of the law under Art. 208 includes all those who, by reason of the ANS: As to the manner of commission, both crimes are committed by refraining from
position held by them, are duty bound to cause the prosecution and punishment of the doing something which pertains to the duty of the officer. However, they differ as to
offenders. However, this Art. is not applicable to officers, agents or employees of the consideration, in the third form of bribery, the offender must have refrained from doing
Bureau of Internal Revenue who, having knowledge or information of a violation of the his official duty in consideration of a gift received or promised; while in prevaricacion, gift
Internal Revenue Law, fail to report such matters to their superiors, as they shall be or consideration is not essential (REYES, Book Two, supra at 410).
punished under that law, not under this provision (REYES, Book Two, supra at 401).
Q: Is direct bribery committed if the gift is solicited by the public officer rather
Betrayal of Trust by an Attorney or Solicitor—Revelation of Secrets than offered by the party seeking favors?
Q: What are the punishable acts under Art. 209? ANS: Yes. The crime of bribery is also committed when the gift is solicited by a public
ANS: The following are the punishable acts under Art. 209: (CRU) officer, as the consideration for his refraining from the performance of an official duty
1. Causing damage to his client, either by any malicious breach of professional duty and the private person gives the gift for the fear of the consequences which would result
or by inexcusable negligence or ignorance; if the officer performs his functions (People v. Sope, G.R. No. L-16, January 31, 1946).
2. Revealing any of the secrets of his client learned by him in his professional
capacity; and Indirect Bribery
...0"' -"--
i-,-. rtpin the same case, without the
3. Undertaking the deleneer f theToprsing-fpaii Q: What are the elements of indir,ecOrikery?
consent of his firsTlient, aft,er having -einlibrtakes lie defense of said first client ANS: The following are the elementSV6direct Bribery: (PuGO)
4 ait client.
or after havingdrece ed co , fidgraiiiiiMinatan Dorn' w 1. That the offender be a Ptiblib,Offi6e1*.;
Note: In the first punts ae damagalont e clientIs n,„ edgsaiy, while in the second, 2. That he accepts Gifts; ari:d
damage is immat fi I. Or-t1'efotgTianrt,under he thirdispupli 1 .,
ble act, if the client 3. That the said gifts are,Offere by reason office (REYES, Book
consents to the tto s taking tre defensWof th otnerPatty, there is no crime Two, supra at 411),-,'
p ii i,r\l. is
(REYES, Book Two, su ra at 02). I ,8.- Note: There is no attempted or frustrated, indirect bribery Iregause it is committed by
) accepting gifts offeredlk the public oltifeekby reason of his office. If he does not accept
I 1.-'>•
Section Two. Bribe ''''''t the gifts, he does not gii-nrnit the,crime. If[6e accepts the gifts? it'is consummated. Mere
Direct Bribery
'''Cl15's'-i..N.'1"..:71 promise or offers ire not sufficient to constitute indirect bribery (Formileza v.
w -'..x - -,- - rry
',....1r,.11 ' / m,i Sandiganbayan/G?R. No 75160, Macch 18, 1988). If after receiving the gift, he does
Q: What are tie ni'shabje ,i tsinsl'Cre l.ctl6rilaery , any act in favor,,4ips
the g, it ceases to beitidirect but becomes direct bribery (BOADO,
ANS: The folio r a the\Q63ablef.gct;inftirecpbM,y: Notes and Cases onLthe adore at 604V602).
4 1. Agree Qg to perforrrk:Ny, ri, tf Irris g;7'n d,d,,ni siderotion of any offer, promise,
gift or pfesentk acticon titufin a cri eiritcon ection wash the performance Q: What is the' differencObetween thOthird form of direct bribery and indirect
of his offii:kal dtitiek- bribery? f
2. Accepting a gift in con ick--tim\9filtie0 e 9,c tion of of act which does not ANS: They are differentthatel direct bribe:fy,. de,Ta15
,„,pbliccifficer receives a gift by reason of
constitute a gree4offiqinni&rwi1h-_e,perfrrTancriif 4F his official duty; and an agreement betweeitlin and thmterrip,f4hegaikfpnresent to perform an act or
3. Agreeing to refTn>y.1113y reTraWl i fiVevdpirphomething which it is his refrain from doing something bgendon of such or promise: On the other hand, in
official duty to, in conzttfl212. r:,fr,pe (REYES, Book Two, supra at indirect bribery, there usually Oafs no such agreement and it is not necessary that the
404). officer should do any partipulai:Zict or even promise to do an act, as it is enough that he
accepts gifts offered to him by reason of his office (REYES, Book Two, supra at 412-
Q: What are the elements of direct bribery? 413).
ANS: The following are the elements of direct bribery: (PACURE)
1. That the offender be a Public officer within the scope of Art. 203; Q: Is the receiving of gifts by public officials and giving of gifts by private
2. That the offender Accepts an offer or a promise or receives a gift or present by persons, on any occasion, including Christmas, punishable?
himself or through another; ANS: Yes. It is punishable if such gift is given by reason of the public official's position,
3. That such offer or promise be accepted, or gift or present received by the regardless of whether or not the same is for past favor or favors or the giver hopes or
public officer: expects to receive a favor or better treatment in the future from the public official or
a. With a view to Committing some crime; employee concerned in the discharge of his official functions (P.D. 46).
b. In consideration of the execution of an act which does not constitute a Note: Included within the prohibition is the throwing of parties or entertainments in honor
crime, but the act must be Unjust; or of the official or employee or of his immediate relatives (Id.).
c. To Refrain from doing something which it is his official duty to do; and
4. That the act which the offender agrees to perform or which he Executes be Qualified Bribery
connected with the performance of his official duties (Id.).
Q: What are the elements of qualified bribery?
ANS: The following are the elements of qualified bribery: (LAP)
1. That the offender is a public officer entrusted with Law enforcement;

302 303
 That the offender refrains from Arresting or prosecuting an offender who has Q: What are the elements of frauds against public treasury (par. 1)?
2. ANS: The following are the elements of frauds against public treasury: (PTED)
committed a crime punishable by reclusion perpetua and/or death; and
1. That the offender is a Public officer;
3. That the offender refrains from arresting or prosecuting the offender in
2. That he should have Taken advantage of his office, that is, he intervened in
consideration of any Promise, gift or present (RPC, Art. 211-A).
the transaction in his official capacity;
3. That he Entered into an agreement with any interested party or speculator or
Corruption of Public Officials
made use of any other scheme with regard to furnishing supplies, the making
Q: What are the elements of corruption of public officials? of contracts or the adjustment or settlement of accounts relating to public
ANS: The following are the elements of corruption of public officials: (OG) property or funds; and
1. That the offender makes Offers or promises or gives gifts or presents to a 4. That the accused had intent to Defraud the Government (Id.).
public officer; and
2. That the offers or promises are made or the gifts or presents Given to a public Q: What are the elements of Illegal exactions (pars. 2-4)?
officer, under circumstances that will make the public officer liable for direct ANS: The following are the elements of Illegal exactions: (PG)
bribery or indirect bribery (REYES, Book Two, supra at 415). 1. That the offender is a Public officer entrusted with the collection of taxes,
licenses, fees, and other imposts; and
Q: When is the corruption of public officials consummated? 2. He is Guilty of any of the follozing, acts or omission: (VCD)
ANS: It is consummated when ttieliro- 1Weseat,Z accepted by the public official, a. Demanding, directly ,oVlitirectly, the payment of sums different from or
however, it is only in its aTemptp stag if thgvidOffer is refused (Pozar v. Court of larger than thoseagtpostZed by law;
,
Appeals, G.R. No. L-6 213r,cito16423,11-9 4) b. Failing Voluntari19. 44Areceipt, as provided by law, for any sum of
money collected'tihrOff4ally; or
Q: May a giver of brilis, aVohis accomplices be im front prosecution? c. Collecting or rneiV,IngaiiRctlymr, jndirectly:, by way of payment or
ANS: Yes, if thetyrte9tify agains rpublic officer e ptroyees in bribery and otherwise, thing's on,'61 ,04S2k;ft'enatiindgfefant from that provided by
other graft casel. H yer, le folloRng .con ions ust e satisfied for the immunity law (REYESebook Two, supra at 437). `)
- .),- r
to be enjoyed N.D. 749: .44. ri‘
r
1. The i fcrapipn nnuO-refer-to-ao parnated-v olatio s‘of any of the provisions
Note: When there is de.C4git in demanOngAreater fees than osae prescribed by law, the
crime committed is est'alkarid not ill9gare, action (Id.). e
,,
of la ulestand redulatie,m4joRed0P.D 749; p.-0'4 1
.4,4-- - vi • .1- .
2. The i form lion and testimo ssary or the conviction
conviction of the accused Other Frauds Atte -T 4z._.•
Y
publi o cew - ',,:k -
t'l ','.-lail-ilY; , Q: What are tlie.elements of other fraudg?1 il
3. Such information estimen recnot-yet- '9sessign_qt the State; tw,,, .,,, .,,,,,A. i
oratediin fits ANS: The follo*reare theliemertts2f elements ofotEarifraudsfi(pTAr
4. Such Af..9r lion r./ ib testi o ec il material points; 1. That the offender-,is a Public officer -‹ '
and 2. That he',Takes4Ciantage Of his official position; and
5. The inf rmanN,pr i nolo riprevio sly convicted of a crime
3. That he commits 44; of the/ frauds or deceits enumerated in Arts. 315 to 318
involvingoral OritudQ 9' e\- . f . ?a,..,.
a. Art. 315: Espla
UIENT b. Art. 31P,OtKer forms ofSWitidliii45.6,3
Chapter Three. Frauds ancrIllegalExacfions andoTranstions ,,-- ‘-:,-4.., - -'
, .',
,.,..-t_....0, c. Art. 317::SwinclIng.a Minor
Frauds against the Public treazblyarrag;iiattoZeii se's,
d. Art. 3111AOthailD'aceits (REYES, Book Two, supra at 438)
Q: What are the acts punlablelmderIVW4? Note: If a public officekt,gicet advantage of his public position to commit the acts
ANS: The following are the acts pufligNable'lln er Art. 213: punished under Art 315 to 318, the fact that he is a public officer shall not be considered
1. Entering into an agreement with any interested party or speculator or making merely as an aggravating circumstance under Art. 14(1) and Art. 62(1a). Instead, the
use of any other scheme, to defraud the Government, in dealing with any acts are punished as a separate felony under Art. 214 (REYES, Book Two, supra at
person with regard to furnishing supplies, the making of contracts, or the 438).
adjustment or settlement of accounts relating to public property or funds:-
2. Demanding, directly or indirectly, the payment of sums different from or larger Prohibited Transactions
than those authorized by law, in the collection of taxes, licenses, fees, and
Q: What are the elements of prohibited transactions?
other imposts; ANS: The following are the elements of prohibited transactions: (ATTI)
3. Failing voluntarily to issue a receipt, as provided by law, for any sum of money 1. That the offender is an Appointive public officer;
collected by him officially, in the collection of taxes, licenses, fees and other
2. That he becomes interested, directly or indirectly, in any Transaction of
imposts; and exchange or speculation;
4. Collecting or receiving, directly or indirectly, by way of payment or otherwise, 3. That the transaction takes place within the Territory subject to his jurisdiction;
things or objects of a nature different from that provided by law, in the
and
collection of taxes, licenses, fees and other imposts (REYES, Book Two, supra 4. That he becomes interested in the transaction during his Incumbency.
at 436). Note: Purchasing of stocks or shares in a company is simply an investment and is not a
violation of Art. 215 but buying regularly securities for resale is speculation (REYES,
Book Two, supra at 439-440).

304 305
Possession of Prohibited Interest by a Public Officer Note: If the accused has adduced evidence showing that he did not put the missing
Q: Who may be held liable under Art. 216? funds or property to personal uses, then that presumption is at an end and the prima
facie case is destroyed (Id.).
ANS: The following are persons who may be liable under Art. 216:
1. Public officers who, directly or indirectly, became interested in any contract or Q: May malversation be committed by private individuals? Give the instances.
business in which it was his official duty to intervene; ANS: Yes. Malversation may be committed by private individuals in the following cases:
2. Experts, arbitrators and private accountants who, in like manner, took part in 1. Those in conspiracy with an accountable public officer found guilty of
any contract or transaction connected with the estate or property in the
appraisal, distribution or adjudication of which they had acted; and malversation (Zoleta v. Sandiganbayan, G.R. 185224, July 29, 2015);
and
2. Under Art. 222, the provisions of Art. 217 shall apply to:
3. Guardians and executors with respect to the property belonging to theirs a. Private individuals who, in any capacity whatsoever, have charge of
wards or the estate (REYES, Book Two, supra at 441).
Note: Actual fraud is not necessary, the act is punished because of the possibility that national, provincial or municipal funds, revenues or property; and
fraud may be committed or that the officer may place his own interest above that of the b. Any administrator or depositary of funds or property attached or seized
government or party which he represents (U.S v. Udarbe, G.R. No. 9945, November 12, or deposited by iblirfrii -ity.
1914). Failure ofAccountab/e Officer to RenderAccounts
Chapter Four. Malversation ofpublic7;tands'apPropertyMalversation of Public Q: What are the elements of failure olAcountable officer to render accounts?
Funds or Property-Presumption of Mali/Jr-sat/5n ANS: The following are elements?;/lt,i6;21ir7 of failure of accountable officer to render
I NI 1 accounts: (PART)
Q: What are the actspunikphaibteir jyalvers twin?,
1. That the offender is al;Pi:ibliaofficer, whether in the service or separated
ANS: The following 9.r he acts in ma v rsation:
therefrom;
1. Approprifin tiblietids,orproperty, 2. That he must be an Accountable
3 Wekl.,:..„ '' .. . .
2. Taking or ft.pciating tioje sane; .s!"
i6mafack-Ipublic ads or property;
:,i:',.,:',..1,fA1P.,A,,.'-t,J,W/D
pe any other 3. That he is Re law opregpiation o renoerlaccounts to the Commission
3. Consen'tinN throligh abandaarn it or neglige • ,WL,
person to tak? such(public fundcorproperty; and of Audit (COA);kpr.th a provin9ialjauditor; and ,,,t,
4. That he failsfedo, ,,- so for af.PeifOld of Two monthsfratter
Otherwise g upty-Ortha-MiOrpTcipratib or mal ersatlon of such funds
4. BeingT ,40'' be rendered flyEY,E;S, Book : such accounts should
or prrertyi EYES) BoOk5,Two, liupra'W44-445). at 461).
,t .:w;,,, 44.,. .1
);
1 Note: Demand and,MisapplOpriation are not necessary. Ifithere it, 0,,,,. misappropriation, he
would also be liable for malversation unde[srt. 217 adj..'
Q:"What are the ommo -Or 'vents totiltids of mar grsation in AO. 217? ,..,: ,' t
i thel mon elerTIM to all4a of al‘.<7r baton in Art. 217: 11 A-•
:- vt, •
bk, '''', r',.1
ANS: The follorty f. -:,
\„. Failure of a Responsible
t4 Public
.,..,, Officer toRenderAithilrits7befareLeaving the
(PCPA) ct'l 14-4 Country
1. That offen er be`k, lkyofficer;=., ..i.ei:: '' :'-'' • rr.,,
2. That he ad ody\O- o Tr() ,fund , r prope by reason of the duties of Q: What are the' ,tlements4o
''' - - - f failureq o , a responsible public officer to render
his office, Sic/5W) ?` accounts before le'aving the: Lcountry?
r trf ,,,,
3. That those unds IA yore
roR,„.........;;;!IVundsoi ,cproperty for which he was ANS: The following ard;t0pelements of_gaikiA*azresponsible public officer to render
accountable; Qg accounts before leaving#he countryN(PALIPVitialgIZTV,
4. That he Appropree,d,Itook, mAoRriatej or consented, or through 1. That the offender be eiiblic officer;
abandonment or neglig pe thEdlanotheirperson to take them (Id.). 2. That he must be an Accountable officer for public funds or property; and
Note: Damage to the government is (REYES, Book Two supra at 460). 3. That he must haWIRTawfully left, or be on the point of leaving, the Philippines
The mere fact that the accused has committed breach of faith is prejudicial to the best without securing from the COA a certificate showing that his accounts have
interest of the service as public office is a public trust (CONST., Art. XI, Sec. 1). been finally settled (REYES, Book Two, supra at 463).

Q: Is demand necessary in malversation? Illegal Use of Public Funds or Property

ANS: No. Demand merely raises a prima fade presumption that missing funds have
been put to personal use. The demand itself, however, is not an element of, and not Q: What are the elements of illegal use of public funds or property?
ANS: The following are the elements of Illegal use of public funds or property: (PPAO)
indispensable to constitute malversation (Venezuela v. People, G.R. No. 205693, 1. That the offender be a Public officer;
February 14, 2018). 2. That there is a Public fund or property under his administration;
3. That such public fund or property has been Appropriated by law or ordinance;
Q: What is the presumption if a public officer fails to have duly forthcoming public
and
funds or property with which he is chargeable, upon demand by any duly
4. That he applies the same to a public use Other than that for which such fund
authorized officer?
or property has been appropriated by law or ordinance (Id.).
ANS: It shall be a prima fade evidence that he has put such missing funds or property
to personal uses. An accountable officer may be convicted of malversation even if there
is no direct evidence of misappropriation and the only evidence is that there is a
shortage in his accounts which he has not been able to explain satisfactorily (Perez v.
People, G.R. No. 164783, February 12, 2008).

306 301
Q: Distinguish illegal use of public funds or property from malversation under Art. Chapter Five. Infidelity of Public Officers
217. Section One. Infidelity in the Custody of Prisoners
ANS: The following are the difference between Illegal use of public funds or property
and malversation: Conniving with or Consenting to Evasion

. • Q: What are the elements of Art. 223?

Illegal Use of Public Funds or • MalvertOtioti, . 1 . ANS: The•following are the elements of Art. 223: (PCEC)
Property .•.•.• "
1. That the offender is a Public officer;
. As to who inOy•cbmmii.. 2. That he had in his Custody or charge, a prisoner, either detention prisoner or
.•
prisoner by final judgment;
Offenders are accountable public officers. 3. That such prisoner Escaped from his custody (REYES, Book Two, supra at
450); and
As to the profit obtalned • • • • *: 4. That he was in Connivance with the prisoner in the latter's escape (Alberto v.
De La Cruz, G.R. No. L-31839, June 30, 1980).
The offender does not derive any The offender in certain cases profits from Note: There is real and actual evasion of service of sentence when the custodian
personal gain or profit. the proceeds of the crime. permits the prisoner to obtain a relaxation of his imprisonment and to escape the rigors
of punishment of being deprived of/hVljberty, thus making the penalty ineffectual,
although the convict may not have fied(di).
As to the subject matter ..
, . 11 N Evasion through Negligence
The public fund orrpr„dperty>is pphed The tAgnd ri o erty is applied to the
to another publiy6se. Tp-eisdnal-tea,O -beet45.) of the offender or Q: What are the elements of Art;):224'L"...,,,,rm„..
1 aktother person ANS: The following are the elepentkpvfW.9.24tiRmt.„,
r(ZD /Tit A a 1. That the offende4i,s.ta'Public officer; r.

(REYES, Bookfrizvyipra at. 64

.1. '),...
NU) 2. That he is charged with tk:eC1)nveyance or custody of a prisoner, either
detention prisKertpr prisortObfainal judgment and
Note: Technic91,Talvdrsation is Vjgclu ed ip,,ppr does it necessarily include the crime 3. That such bratiehe,scaped th);pugh his NegligenceV(REYES, Book Two,
of malversatio ofj:Kiblic fund (Id.):,,; /- 11 4 \ Pl
supra at.,f1:74r
.
'4''t\v,74.1.allgi 2" Ati
Note: If the usatier escapes through tOi negligenceipf the public officer, the latter
Failure to Mane Deiivery(r iflublic Funds oF-Property 4-'
--.) suffers the qrrippenitqtegardless of Oether thvrisppetts...monyict or merely a
Q: What are klthe \'1 ;;'\1
,un shab
fp gmil I ' `e'''
c, under A, ktp23.,1? //s„ s'.‹ detention prisoner. Nareve6bnedligerice cgroistractioa4Freg**Ohalized; it is only
'rig ar4unistka:ble &lin:A* ?4
ANS: The folioIn.\ that positive caralessneWliat isdgliOrt ofAeliberate nortfigifitrnahce of his duties as
1. Failing o make"' 'n' -Z.ID plibre whVis uncle/ obligation to make guard that is the gravamen` f the cane o infidelity under Art. 224 (REYES, Book Two,
such pa Tent frorrtGovrvnen a his possessioniiand supra at 472-473). tt
2. Refusing to make;deliVe .',211Ea 19:IfigerwhVias been ordered by
'1 P•
competent Itirptridelixt• tay,pro,p,eq I3his custody or under his Q: What is the liability5Ofthe escaping
administration R YES, ‘... i 4 Book Tv rc_ak66."
vkk ANS: His liability shall gras folios
1. If the fugitive l'SkLse,,,r, ysitb sentence by reason of final judgment, he is liable for
Q: What are the elements of failbretosnake.pay ent (par. 1)? evasion of the serikca of sentence under Art. 157; and
ANS: The following are the elements of failure to make payment: (FOG) 2. If the fugitiVe is only a detention prisoner; he does not incur criminal liability
1. That the public officer has Government funds in his possession; (REYES, Book Two, supra at 475).
2. That he is under Obligation to make payment from such funds; and
3. That he Fails to make the payment maliciously (Id.). Escape of Prisoner under the Custody of a Person Not a Public Officer
Q: What are the elements of Art. 225?
Officers Included in the Preceding Provisions
ANS: The following are the elements of Art. 225: (PC-CE-CN)
Q: Who are the private individuals that may be held liable under Arts. 217 to 221? 1. That the offender is a Private person;
ANS: The following private individuals may be liable under Arts. 217 to 221: 2. That Conveyance or custody of a prisoner or person under arrest is Confided
1. Private individuals who, in any capacity whatsoever, have charge of any to him;
national, provincial or municipal funds, revenue or property; and 3. That the prisoner or person under arrest Escapes; and
2. Administrator or depository of funds or property attached, seized or deposited 4. That the offender Consents to the escape of the prisoner or person under
by public authority, even if such property belongs to a private individual (RPC, arrest, or that the escape take place through his Negligence (REYES, Book
Art. 222). Two, supra at 476).
Note: Art. 225 is not applicable if a private person was the one who made the arrest and
he consented to the escape of the person he arrested (Id.).

308 309
Section Two. Infidelity in the Custody of Documents Section Three. Revelation of Secrets

Q: What are the acts punishable in infidelity in the custody of documents? Revelation of Secrets by an Officer
ANS: The punishable acts are: Q: What are the punishable acts under Art. 229?
1. By Removing, ANS: The following are the punishable acts under Art. 229:
2. By Destroying, and 1. Revealing any secrets known to the offending public officer by reason of his
3. By Concealing, documents or papers officially entrusted to the offending public official capacity; and
officer (REYES, Book Two, supra at 476-477). 2. Delivering wrongfully papers or copies of papers of which he may have charge
and which should not be published (REYES, Book Two, supra at 484).
Removal, Concealment orDestruction of Documents
Q: What are the elements of removal, concealment, or destruction of documents? Q: What are the elements of revealing of secrets by public officers?
ANS: The elements are as follows: (PSWD)
ANS: The following are the elements of Art. 226: (PDED)
1. That the offender is a Public officer;
1. That the offender be a Public officer;
2. That he knows of a Secret by reason of his official capacity;
2. That he abstracts, Destroys or conceals documents or papers;
3. That he reveals such secret Without authority or justifiable reasons; and
3. That the said documents or papers should have been Entrusted to such public
officer by reason of his office; 4. That Damage, great or small, be caused to the public interest (Id.).
al
4. That Damage, whe,-As-elai c)3no ,7q, -aktbird party or to the public interest
Note: Secrets of private individuals aleydpincluded (Id.).
should have bewcaus'el(RE' E , 4 Tkvo7supra at 477).
Q: What are the elements of wroi4fAdellSfery of papers?
c . ANS: The elements are as followl3p1:30/0)
Q: When is it constpinatep .
ANS: It is consumpare012enthe..publicdocumeutzs
_ removed secreted away from 1. That the offender is a PyblicLotae*
its usual place in keylicerangd-afterittlietkffer4er hadoone,9tanci locked the door, it 2. That he has Charge ofiraper.t:n.„L
being immateria whetbehe has or bAs 41. adiially aocontlIghed the illicit purpose for 3. That those papersSliould noi,lbe[published;
which he remo ed said document (Kataoi4gy. People, G.R.1 o. 8398, November 28, 4. That he delivete'-those papere,pri,copies thereof to alIttird person;
1942). 5. That the deliveryiiWrongfulFerid,
6. That Damage,;:be cal.!§ed to publiginterest (Id.).!,1
Note: If the papefp,C45(itairrSeprets and therefore should not be published and the public
Officer Breaking Seal
0<li ti ,..::,..,.:. officer having4„charge thereof removes\anklelivers thef wrorjgfully to a 3rd
Q: What are ttte elementm offkethrea person, the
crime is revelation of secrets by a public officer (REYES) Bpo4Two„!supra at 485).
ANS: The folio it; a kthl ‘ ents ot-i,okro.22 : K.,
7--' •,Sr'

1. That tlikest enqer is\ s 411c 5fRcer4f,--, .q., Public Officer Revealih?Se'crets:dPrivate Individual'
2. That he is charged vlittpheckt:Sto y o pier or p;operty;
Q: What are the elements of:public officer revealing secrets of private individual?
3. That the papers.or prep ,rtygyle ar proper authority; and
breaks tti&vZpermitcl*n to tie broken (REYES, Book Two, ANS: The following areithe eleinents of A02300ituSeW)
4. That hebreaks .'
.•,..j
'- .
-,i N 1. That the offendepig-'6' PuOlicafice0.60=4,,,s,
supra at 461),,
2. That he knodslij the SeVelegh'iiriiietelridiVidiial by reason of his office; and
Note: Damage or intentl d(affiat e feltrirfia
IL/ 3. That he reveiltsuch,S'ecrets Without authority or justifiable reason.
Opening of Closed Documents M Note: Revelation to oneipei9n is sufficient, for public revelation is not required
(REYES, Book Two, supra at 486-487).
Q: What are the elements of opening of closed documents?
ANS: The following are the elements of Art. 228: Q: Is damage to the private individual necessary?
1. That the offender is a public officer; ANS: No. The reason for this provision is to uphold faith and trust in public service
(Id).
2. That any closed papers, documents or objects are entrusted to his custody;
3. That he opens or permits to be opened said closed papers, documents or Q: Is Art. 230 applicable to an attorney-at-law or a solicitor?
objects; and ANS: No. If he reveals the secrets of his client learned by him in his professional
4. That he does not have proper authority (REYES, Book Two, supra at 482). capacity, he is liable under Art. 209 (Betrayal of trust by an attorney or solicitor)
(REYES, Book Two, supra at 487).
Q: What if in opening the closed papers or objects, the public officer broke the
seal? ChapterSix
ANS: The offense committed would be breaking seal because breaking the seal is the Section One. Disobedience, Refusal ofAssi"stance. and Maltreatment of Prisoners
operative act that opens the closed documents. Art. 228 contemplates documents which
are closed or classified, but not necessarily sealed (REYES, Book Two, supra at 463). Open Disobedience
31g: What are the elements of open disobedience?
,‘PkIsM: ThelcAmikhg weft e\erhextv, p1\140\\
ft, 1. Nc\e's.tve e‘extax e:V,\exa1e\ E.'keeus(Ne o'ftev,
- \\\a\A\%% \% 24\9'cm\\Xaftrov\ of otdet o4 z %\l'im\km 'amktatF,
310 311
 3. That such judgment, decision or order was made Within the scope of the Section Two. Anticipation, Prolongation andAbandonment of the Duties and
jurisdiction of the superior authority and issued with all the legal formalities; Powers of Public Office
and Anticipation of Duties of a Public Office
4. That the offender, without any legal justification, Openly Refuses to execute
the said judgment, decision, or order of any superior authority (REYES, Book Q: What are the elements of anticipation of duties of a public office?
Two, supra at 488). ANS: The following are the elements of anticipation of duties of a public office: (ESANo)
1. That the offender is Entitled to hold a public office or employment, either by
Disobedience to Order of Superior Officer. When Said Order was Suspended by election or appointment;
Inferior Officer
2. That the law requires that he should first be Sworn in and/or should first give a
bond;
Q: What are the elements of Art. 232? (POS-DD) 3. That he Assumed the performance of the duties and powers of such office;
ANS: The following are the elements: and
1. That the offender is a Public officer; 4. That he has Not taken his Oath of office and/or given the bond required by law
2. That there is an Order is issued by his superior for execution; (REYES, Book Two, supra at 494-495).
3. That he has for any reason Suspended the execution of such order;
4. That his superior Disapproves the suspension of the execution of the order; Prolonging Performance of Duties and Powers
and Onl
That the offend5r0Di es ite the disapproval of the Q: What are the elements of prolmoggleerformance of duties and powers?
suspension (RE Bio4Two u kaVf 1.89) ANS: The following are the elemelitgrofiai-Olonging performance of duties and powers:
Note: Art. 232 does norapply t eoo er of V'superiorijae all (RPC, Art. 11(6)). (PEE)
1. That the offender is holdirig*P#ip office;
Refusal of Assistance 2. That the period provid9d6gOOk•ow:jigor2§,cr special provisions for holding
f Asisrance? such office has alrea.dy'Exiiireid;
Q: What are theieleme is of refuslo 3. That he confloyeVio Exercise the duties and powek of such office
ANS: The following ar the el ments of Kilsal of assistance: Book Two, supra at 495). lhtl}
(REYES,
off it;
1. Thatihe'iffe der is ,--p1:115IrC Note: A public office0h4 has been s .pended, separated, 'declared overaged, or
2. That a'e etent buthrorgt- -i dawarldWibm the offeke t at he lends his
dismissed cannot continuegfp'erform the dities of his office (REIES, Book Two, supra
coop rat* a owardslihe acirr( ieMtlitof justice or er=pi c service; and •
, supra at 490). at 495). A

3. That he ter a s to do sb- al aiously (R YAS, nook

Note: Damage to the,, u es or ro pa ,
sseniialic71 e crime (REYES, kg PAI,
Abandonmentor Oft7ce .orPosht'ion,
Book Two, sup (at 41 65 ..
Q: What are the;Mmelitste,f abandi?nment of office or position?
Refusal to Dischar• e Elective 0 I ANS: The followingipiteCe etementsVof aWdonment of office or position: (PR-NaD)
sk c, _ 1. That the odert,der is a Public offiCee,r;.,,
l
Q: What are the el ents of‘usa02)d k•lcVaige epctive offi, e? 2. That he formally,Resigns from his position_
ANS: The following a theJO Ten-' s offfefusarto dis ar epelebtive office: (ERN)
to0- alublic office; 3. That his resigflation hasiNotiyai:bearitAC -Cepted'iread
1. That the offendev _p dt
, ed op le
4. That he abandons hiAffice to the Detriment of the public service
2. That he Refuses Tes.bisi vbrn in r fo 'ar e the duties of said office; and (REYES,
L,..2.iNef01al to be sworn in or to discharge Book Two, supT”'atA6).
3. That there is No legal motive f
the duties of said office (Id.). Note: The offense is qualifleeif the abandonment has for its purpose to evade the
discharge of the duties of preventing, prosecuting or punishing any of the crimes falling
within Title One and Chapter One of Title Three of Book Two of the RPC (RPC, Art. 238
Maltreatment of Prisoners (2)).
Q: What are the elements of maltreatment of prisoners?
ANS: The following are the elements of Maltreatment of prisoners: (PPM) Q: Distinguish abandonment of office (Art. 238) from negligence and
tolerance in
1. That the offender is a Public officer or employee; prosecution of offenses (Art. 208).
2. That he has under his charge a Prisoner or detention prisoner; and ANS: Art. 238 is committed by any public officer who abandons his office to evade the
3. That he Maltreats such prisoner in either of the following manner: discharge of his duties. Art. 208 is committed only by a public officer who is charged
a. By Overdoing himself in the correction or handling of a prisoner or with the duty to institute prosecution for violations of the law, and he fails to prosecute
detention prisoner under his charge either by the imposition of such by dereliction of duty or by malicious tolerance of the commission of the offense
punishments not authorized by the regulations or by inflicting such (REYES, Book Two, supra at 497).
punishments, those authorized, in a cruel and humiliating manner; or
b. By Maltreating such prisoner to extort a confession or to obtain some
information from the prisoner (REYES, Book Two, supra at 492-493).
Note: The offender is also liable for physical injuries as Art. 235 states that the penalty
to be imposed is "in addition to his liability for the physical injuries or damage caused."
Hence, there is no complex crime of maltreatment of prisoners with serious or less
serious physical injuries, as defined in Art. 48 (REYES, Book Two, supra at 494).
312 313
 Section Three. Usurpation of Powers And Unlawful Appointments Unlawful Appointments

Usurpation of Legislative Powers Q: What are the elements of unlawful appointments?

Q: What are the elements of usurpation of legislative powers? ANS: The following are the elements of unlawful appointments: (PuNo-LaK)
1. That the offender is a Public officer;
ANS: The following are the elements of usurpation of legislative powers: (JeMAS) 2. That he Nominates or appoints a person to a public office;
1. That the offender is a Judicial or Executive officer; and 3. That such person Lacks the legal qualifications therefor; and
2. That he: 4.
Makes general rules and regulations beyond the scope of his authority; That the offender Knows that his nominee or appointee lacks the qualifications
a. at the time he made the nomination or appointment
b. Attempts to repeal a law; or (REYES, Book Two, supra at 497). at 501). (REYES, Book Two, supra
c. Suspends the execution thereof
Section Four. Abuses against Chastity
Usurpation of Executive Functions
Abuses against Chastity - Penalties
Q: What are the elements of usurpation of executive functions?
ANS: The following are the elements of usurpation of executive functions: (Ju-AsO) Q: What are the ways of committing abuses against chastity?
1. That the offender is a Judge; and ANS: The following are the ways of committing abuses against chastity (ICU):
1.
2. That he: By soliciting or making immoRliqindecent advances to .a woman Interested in
a. Assumes apow,, er pertqini g tp,tir e,eve
ct authorities; or matters pending before tp.
0:;0149ding officer for decision, or with respect to
authorities
ecutile-autho th,e lawful exercise of their
b. Obstructs R which he is required to subhitc:ar,eport or consult with a superior officer;
power4PtEYEg; BOok'rwi' V's-up J't ,
498)?' 2.
By soliciting or making fijirnorai9sAndecent advances to a woman Under the
offender's custody; or 1,f: ',04:)•`;4
3. By soliciting or makingejirmr
Usurpation of Judicia Ainction tforalrth*m_advaves to the wife, daughter,
!I W7 sister or relative within tlige
Q: What are thefelime ts oftusurpaioah:g jtidicial frctiknr , s,(Ex-As0): s(Sartie'degree'413MM:fty of any person in the
Custody of the offending warden or officer
he elements of usurpation of judicial furzctiai (REYES !Book Two, supra at 502).
ANS: The folio ing are
-thetxecutive branchdthebovernment; and
1. That t 'e`o ender is pn-officerof OF*-
Q: What are the elemepts!,cif abuses against chastity?
2. That c'71
r,. ANS: The followingxertheelernents: (PuS.0-InCR)
a. Ass, mes judicial pciwers,,tar`:; 1 1. That theliiffender0a:Public officer;
b. *Olase executions if--aria order gdecisionrendered by any judge i‘v
2. Thathe Solicits makes imtnoraw);9r indecentldvanpes; a'gcl
ithip hisVsaictio11-0). NoteF,
q43'Solicitmeans to propose 'earnestly ancrpemistentlyfsomething
unchaste anciLmmoral tqamomam(REYES, ti!qt` , gr
Disobeying Request for Disqualification 3. That stict"parViii?ust BookTiyo$si./pra
• at 503).
`
\ . r?
qu
392SLuest‘or disalification? a. Inkreated ihIrnatters perici3
Q: What are the elements of Og before the offending officer for decision,
ANS: The following are the eldfr@its74-c*bey'n6 request for disqualification:
or Withvesp41 to which heis!reqqjred to submit a report to or consult
„C)Li -- with a resoeficir officer;.
(P2QRCo) .17
1. That the offe..0-Mic o "Mr, h
offend b. UnderiTie Custp0'6
fthe'6fferiderwh6leawarden or other public
, rpultic fficer; officearectly,alidrged with the care and custody of prisoners or
2. That a proceedirigq43441ing bitqf25
That there is a Question„kmlit Lbe oteotfie proper authority regarding his personS,-upfterrest; or
3.
jurisdiction, which is not yet decided; c. The wife, daughter, sister
That he has been lawfully required to Refrain from continuing the proceeding; or Relative within the same degree by affinity
4. of any person in the custody of the offender (Id).
and (REYES, Book Two, supra at 499). Note: The mother of the person in the custody of the offender is not included. Mere
proposal consummates the offense (Id.).
5. That he Continues the proceeding
Orders or Requests by Executive Officers to Any Judicial Authority G. CRIMES AGAINST PERSONS (RPC, Arts. 246-266)
Q: What are the elements of orders or requests by executive officer to any judicial Under the Revised Penal Code
Ij authority? Q: What are the crimes against persons under the RPC?
ANS: The following are the elements: (Ex-AdORe) ANS: The following are the crimes against persons:
1. That the offender is an Executive officer; 1. Parricide (Att. 246);
That he Addresses any Order or suggestion to any judicial authority; and
2. That the order or suggestion Relates to any case or business coming within 2. Murder (Art. 248);
3. (REYES, Book Two, supra at 3. Homicide (Art. 249);
the exclusive jurisdiction of the courts of justice 4. Death Caused in a Tumultuous Affray
(Art. 251);
500). 5. Physical Injuries Inflicted in a Tumultuous Affray
6. Giving Assistance to Suicide (Art. 253); (Art. 252);
7. Discharge of Firearms (Att. 254);
8. Infanticide (Art. 255);

314 315
 Q: Is it necessary to allege legitimacy of the relationship if the person killed by the
9. Intentional Abortion (Art. 256); accused is his father, mother, or child?
10. Unintentional Abortion (Art. 257);
Abortion Practiced by the Woman Herself or by Her Parents (Art. 258); ANS: No. Legitimacy need not be alleged when the accused kills his father, mother, or
11. child. However, with respect to the other ascendants, descendants, and the spouse of
12. Abortion Practiced by a Physician or Midwife and Dispensing of Abortives (Art.
the accused, the legitimacy of the relationship must be alleged. (People v. Embalido,
259); G.R. No. L-37379, March 18, 1933).
13. Duel (Art. 260);
14. Challenging to a Duel (Art. 261);
Q: Is an adopted child considered legitimate for purposes of parricide?
15. Mutilation (Art. 262);
Serious Physical Injuries (Art. 263); ANS: No, because only relatives by blood and in the direct line, except the spouse, are
16. considered in parricide. Moreover, only relatives by blood may be legitimate or
17. Administering Injurious Substances or Beverages (Art. 264);
Less serious physical injuries (Art. 265); illegitimate; therefore, an adoptive father or adopted son or father-in-law or son-in-law is
18. not included in this provision for parricide (REYES, Book Two, supra at 507).
19. Slight Physical Injuries and maltreatment (Art. 266); and
20. Rape (Art. 266-A). Death or Physical Injuries Inflicted Under Exceptional Ch-cumstances
Chapter One. Destruction of Life Q: What are the requisites for Art. 247 to apply?
ANS: The requisites are: (MaP-K1S-No).4
Section One. Parricide. Murder. HomlaSe 1. That a legally Married peRdilY60,,Parent surprises his spouse or his daughter,
Parricide the latter under 18 year0:OKag.-CaA , nd living with him in the act of committing
sexual intercourse with VitfOriperaon;
Q: What are the element
ANS: The elementsASIKA -
11
, -F Note: Does not include; 6::cOriiriOn-law wife caught in the act of sexual
son igifle intercourse with anotherman..W.t
t.„.1j;, ,:v.:. ,
1. That a 7L 2. That he or she Killst4any or bottffif them or-tiiiflicts
2. That th decele'd :, is killed Vs( th$,Acv\sed; apd any or both of them

cr
3. That tie dF-65iased is the Fat el-, 'Mother, ler C( Id
h‘ther legitimate or
?Ir a l palmate °te:Ascend t or o e Descendant, or the
legiti n ouse, f the a.cclOrili
any Serious physical injury irlithel;act or immediately and
3. That he has 'Not promoted oyaqitated the prostitqtibkof his wife or daughter,
or that he ofgahe has, no( co rented to the infidelity, of the other spouse
Note: Relatio P".-6 the off ndenittr't ill1 Victikis t e esseitigle ent of Parricide (REYES, acitiRTWONtipra at 510/
P`A
(REYES, Boo T< Isupraat 06). W Note: Art 247 do'es NOT define and penalize a felony. If proyidetVor the imposition of
the penalty ofsiVierroV her than thelorOary kvl
penalty/for hifticide, parricide, murder,
\etd\ killed his own serious physrOlvinjuriekikthetcase maybe. It §74.r.gr4141yeifegepr benefit to the
Q. What if a wa%t'a(6,
accused for theNllingApkarlotheriorlthe ipiction of serious injuries under the
mother? circumstances tliermdnti8ned (Pgoplea. Araquel, G.R. No. L-12629, December 9,
ANS:' He will b held If.?le ota regards the proper
1959). 0 5s1
penalty to be imp red, tta is, t fits maximum period ,
(REYES, Book TwO supra a608) ao8) C/ENITN-n . 7777473
Q: When is there sexugmtercoursg,1„,..
illegitimate ascendant or ANS: There must be actual sexual intercourse, vaginal penetration by the
Q: What crime is com
descendant?
penis. (People v. Gon2:91es, oxf
No. 46310, October 31, 1939). Sexual intercourse
does not include prepargtp4apts (People v. Gonzales, G.R. No. 46310, October 31,
ANS: The crime committed is either ho a pr..m rder as the case may be (REYES, 1939). It also does not include merely sleeping on the same bed (REYES, Book Two,
Book Two, supra at 507). supra at 512).
Q: What will be the liability of a stranger who takes part in the crime of parricide?
ANS: He will only be guilty of homicide or murder, as the case may be, and not of Q: Is it necessary that the spouse or daughter caught in the act of sexual
25, 1923)The key element in intercourse be surprised?
parricide. (People v. Patricio, G.R. No. 20651, October.
parricide is the relationship of the offender with the victim (Pimentel v. Pimentel, G.R. ANS: Yes. The person claiming the benefits of Art. 247 must surprise his spouse or
No. 172060, September 13, 2010). minor daughter living with him in the act of committing sexual intercourse with another
person. If he has not surprised them in the act, Art. 247 will not apply if he kills or inflicts
Q: Is it required that the accused was aware of his relationship with the victim? serious physical injuries on one or both of them (REYES, Book Two, supra at 511).
ANS: No. The law does NOT require knowledge of relationship; thus, a person who
killed another not knowing that the latter was his son will still be held guilty of parricide, Q: What does the phrase Immediately thereafter" mean?
provided the relationship is alleged in the information and proved in the trial (REYES, ANS: It means that the discovery, the escape, the pursuit, and the killing must all form
Book Two, supra at 509). part of one continuous act (U.S. v. Vargas, G.R. No. 1053, May 7, 1903). The killing
must be the direct by-product of the accused's rage (People v. Abarca, G.R. No. 74433,
September 14, 1987).
 siA'Forml;

Q: What if only less serious or slight physical injuries were inflicted? Q: Is it necessary to prove intent to kill if the victim dies?
ANS: If only less serious or slight physical injuries were inflicted, there will be no ANS: No. Intent to kill is conclusively presumed when the victim dies; hence it need not
criminal liability. It is an absolutory cause. The second paragraph of Art. 247 states that be proven. Evidence of intent to kill is significant only in cases of attempted or frustrated
if physical injuries of any other kind are inflicted, the act shall be exempt from homicide (REYES, Book Two, supra at 525).
punishment (REYES, Book Two, supra at 515). Note: Intent to: kill is usually shown by the kind of weapon used and part of the body
wounded (Id.).
Murder
Q: What is murder? Q: When is there accidental homicide?
ANS: Murder is the unlawful killing of any person which is not parricide or infanticide, ANS: If the death of a person is brought about by a lawful act performed with proper
provided that any of the following circumstances is present (TPICEC): care and skill, and without homicidal intent (REYES, Book Two, supra at 528).
1. With Treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense, or of means or persons to Penalty for Frustrated and Attempted Parricide, Murder or Homicide
insure or afford impunity; Q: What may be the penalty imposed by the courts for the crime of frustrated and
2. In consideration of a Price, reward, or promise; attempted parricide, murder or homicide?
Note: The one who accepted the consideration and committed the act is a ANS: When warranted by the facts and circumstances of the case, courts may impose a
principal by direct participatiorffritieuonewho gave the consideration is a penalty two (2) degrees lower for fruAtrOtd parricide, murder or homicide, while they
principal by dfac el sboth are guilty of murder. may impose a penalty three (3)1,00* lower for attempted parricide, murder or
3. By means of *Linda iari, fire;-- poiso ,pl iplAire4 stranding of a vessel, homicide (REYES, Book Two, supeatt,,p0530).
derailment gr assel oftan'airs ip, by means of motor
vehicles, ot.tpese3Dny n e meanlipygieti eat waste and ruin; Q: In what circumstance is Art. 215p1,:it'Of,-Ja..,.p.,plicakle?
4. On occasi ohan Calamities enumera ecletOe.preArg paragraph, or of ANS: When there is an attempt, on 4r1:pOrispleetzgajnsIgiAlife of the Chief Executive,
an earp u4),/gruplion of vkanKdestictiqetfolOne, epidemic, or any member of his family, anyzeiiiber cabineekirsliie14'ers of the latter's family,
other public calam4. because such acts are ,puriiShable by Beat. (P.D. 1110-A).
5. With dvid•katikemeditation;_nr
o. .
6. With trueityt by deliberOty_arill 0113Urn4nly1ugmerlting-thw suffering of the Death Caused in a TurOulthous Affry
victirg, or traging • r scolltpe hkpSerson or corpse amended by R.A.
Q: What is a tumultuousrray.? „
7659). .a
t1.1k111* •
ANS: It is a melee orJreerfor-all, where several pergOns not
i comprising definite or
_ •
ulderr2 identifiable gretuPS plaplepbe another in a:!RFrifused,,,a,p10s9.rgavpd„manner resulting
Q: What are thelgOlents
ANS: The element's areN(IWikda in the death oinnjury ot:i5ne or some of them Na 105391,
February 28, 1994 tO
1. That a person ulnas
2. That thel'Accuse'thkilled('hv, • .
Q: What are the elements of.fleath causkd,in._a,tumultuous affray?
3. That the\dlling .1aeattelckcjiAla Qualifying circumstances
mentioned in rt.Seialld ANS: The elements ar4(SNAKAP) •
1±2116arricide o EYES, Book Two, supra at 1. That there befSe'veral gptsoliSP. '-
4. That the killin
2. That they did;tNot co:rnpbse groups organized for the common purpose of
517).
assaulting andt'qtWistgg each other reciprocally;
3. That these severaliersons quarreled and Assaulted one another in a
Q: What is the effect if there are two or more qualifying circumstances present in
the commission of the crime? confused and tumultuous manner;
ANS: Only one qualifying circumstance will qualify the killing, but the rest will be 4. That someone was Killed in the course of the affray;
considered as generic aggravating circumstances (People v. Duel°, G.R. No. L-31102, 5. That it cannot be Ascertained who actually killed the deceased; and
6. That the person or persons who inflicted serious Physical injuries or who used
May 5, 1979). However, when the other circumstances are absorbed or included in
qualifying circumstance, they cannot be considered separately as generic aggravating violence can be identified (REYES, Book Two, supra at 531).
(People v. Sespelle, G.R. No. L-9346, October 30, 1957). Note: If they were composed of groups organized for the common purpose of assaulting
and attacking each other reciprocally, there is no tumultuous affray and they may be
held liable as co-conspirators (U.S v. Tandoc, G.R. No. L-15635, March 16, 1920).
Homicide
Q.: What are the elements of homicide? Q: What does the phrase "several persons" mean?
ANS: The elements are (MIN): ANS: The word "several" in Art. 251 means more than two but not very many. The word
1. That a person was Killed; "tumultuous" as used in Art. 153 means that the disturbance is caused by more than
2. That the accused killed him Without any justifying circumstances; three persons who are armed or are provided with means of violence (REYES, Book
3. That the accused had the Intention to kill, which is presumed; and Two, supra at 531).
4. That the killing was Not attended by any of the qualifying circumstance of
murder, or by that of parricide or infanticide (REYES, Book Two, supra at 524).

318 319
 Note: When only slight physical injuries are inflicted, there is no complex crime because
Q: Who may be liable under Art. 251? such physical injuries constitute a light felony (REYES, Book Two, supra at 539).
ANS: The following may be liable under Art. 251: Section Two Infanticide and Abortion
1. The person or persons who inflicted the serious physical injuries are liable;
and Infanticide
2. If it is not known who inflicted the serious physical injuries on the deceased, all Q: What is hfanticide?
the persons who used violence upon the person of the victim are liable, but ANS: It is fte killing of any child less than three (3) days of age, whether the killer is the
with lesser liability (REYES, Book Two, supra at 533). parent or grandparent, any other relative of the child, or a stranger (REYES, Book Two,
supra at 54)).
Physical Injuries Inflicted in a Tumultuous Affray
Q: What are the elements of physical injuries inflicted in a tumultuous affray? Q: What ae the elements of infanticide?
ANS: Theelements are: (KLA)
ANS: The elements are: (TuPReV)
That there is a Tumultuous affray as referred to in Art. 251; 1. That a child was Killed;
1.
2. That a Participant or some participants thereof suffer serious physical injuries 2. That the deceased child was Less than three (3) days (72 hours) of age; and
or physical injuries of a less serious nature only; 3. That the Accused killed the said child (Id.).
3. That the person Responsible therefor cannot be identified; and
Q: Is if necessary that the child bekhrmilalive?
4. That all those who ap.pear` '7irUsed,Violence upon the person of the
offended party arq,knOwp (REyE BkIfeTypcsmera at 534). ANS: (es. The child must be borintalIVARd fully developed, capable of sustaining life
jbec:ause4f the one who caused the outske the womb (U.S. v. Vedra,[7;f13„,-?
, :t1
,4„.:L. 4779, November 20, 1908).
Note: Only those who usej-Vol4rke ara.p
A: I
physical injuries is krfitAn-, e ifi,heilableTorthe,,. hypjcal i 'uries actually committed,
and not under this Artefc 40 Q: Is the purpose of concealing,44419crphAlemeny9j infanticide?
ANS: No. It merely mitigates jhiliabiliV .iftZttiV.016,
thercor?ifiaternal grandparents who
committed the crime (REYES, supra at 54•1),-°".
Giving AssistanceCaicide
y/ P X 1 tr'\.
0? . e141:: . ti%
Q: What are thi7„_ctsiunishable as gly*assistanc to s iaide'r?
1,, •,, c Are there other persons entitledato the mitigating circ mstance of concealing
ANS: The folloArr
,.
I
the p6mshable acts as giving a sistangrapjvicide: (AL)
4 ,+. --.? Jib --,),..,-,, ne dishonor? P
„.''' 1-'
ii
1. Assisiif g-another to com it; stlicle, whethe the suVde IS consummated or ANS: No. Concealing theipshonor as qitat titigating circumstance applies only to the
not; end k iim Cr,... 11 mother or theiarni:grandparentsk(PVp/e v. Jaca,A.R.tNo. L-34866, August 18,
2. another-
Lendng^ is assists V to anothe sum de o the Went of doing the 1931). Furthirti
Ve mpthearpusttbe of good reputaftgAand,.gggd jmorals, in order that
killing hinasiIVR Book mg, supra a concealing dishonor maji—rnitigafter 'Milky. A proiti4116AftSentitled to lesser
co:
[nit P,i liable even if an
Note: A personwho ttem i c-I .,-,,0d, ,wo, supra at 536).
penalty becauseshe hgerfationorto conceal (REYES, BOalet:iki:"Supra at 542).
innocent third pe son orlprope or iammg
IntentionalAbortion,
Q: Is giving assist nce to suici • e,,(_ ei..q.:enthanasia?
ANS: No, because in s!Jtha5a,ga t Ire( :4n'Okwep to die (Id.). Euthanasia Q: What is abortion? :.!'-2zeti' „ , „,„ ,,k
consgul persons.and onseTit ipaicen from their relatives. ANS: It is the willful killing of thelfitbs i nthe uterus or the violent expulsion of the fetus
is often performed on un,„
Note: A doctor who resofteqos.felanaela Fria:ykrzrAelibable for murder under
Art. 248 from the maternal womb which) results in the death of the fetus (REYES, Book Two,
ar,
since euthanasia is not giving assts., BlIfidoing the killing himself (Id.). supra at 543). 44

Q: Distinguish between abortion and infanticide.

Discharge of Firearms
ANS: If the child is one who could sustain life after his or her separation from the
Q: What are the elements of discharge of firearms? maternal womb and then was killed within 72 hours from delivery, the crime would be
ANS: The elements are (DiNo): infanticide. (People v. Paycana Jr., G.R. No. 179035, April 16, 2008).
1. That the offender Discharges a firearm against or at another person; and
2. That the offender has No intention to kill that person (REYES, Book Two, Q: What are the ways of committing intentional abortion?
supra at 537). ANS: The following are the ways of committing Intentional abortion:
Note: The crime is not applicable to police officers in the prone,
- performance of their 1. Using any Violence upon the person of the pregnant woman;
G.R. No. L-4200, March 27, 1908). However, there is no 2. Acting, without using violence and without the Consent of the woman (by
duties (U.S v. Samonte,
prejudice to any civil or administrative liability for such discharge. administering drugs or beverages upon such pregnant woman without her
consent); or
Q: Can the crime of illegal discharge of firearms be complexed with serious or 3. Acting, with the Consent of the pregnant woman (by administering drugs or
less serious physical injuries? beverages) (Id.).
ANS: Yes. If in the illegal discharge of firearm, the offended party is hit and wounded,
there is a complex crime of discharge of firearm with physical injuries when the physical
injuries are serious or less serious (People v. Arquiza, G.R. Nos. 42128-29, December
19, 1935).

321
320
Q: What are the elements of intentional abortion? Q: What is the effect on the liability of the pregnant woman if the purpose is to
conceal dishonor? Why?
ANS: The elements are: (PreVAADI) ANS: Her liability is mitigated (RPC, Art. 258, par. 2). The reason for the mitigated
1. That there is a Pregnant woman;
2. That Violence is exerted, or drugs or beverages Administered, or that the responsibility is that when a woman becomes pregnant out of an illicit relationship,
accused otherwise Acts upon such pregnant woman; and excited and obfuscated by the fear of her dishonor being made public, she either
3. That as a result of the use of violence or drugs or beverages upon her, or any practices abortion upon herself or consents that any other person does so, to erase the
other act of the accused, the fetus Dies, either in the womb or after having traces of her mistake (REYES, Book Two, supra at 549).
been expelled therefrom; and
4. That the abortion is Intended (REYES, Book Two, supra at 544). Q: Does mitigated liability apply to the parents of the pregnant woman?
ANS: No, if the crime is committed by any of the parents of the pregnant woman and
Unintentional Abortion with her consent to conceal her dishonor, the penalty is the same as that for the woman
who practiced abortion upon herself without such purpose of concealing her dishonor.
Q: What are the elements of unintentional abortion? Note: There is no mitigation for the parents of the pregnant woman, unlike in infanticide
ANS: The elements are: (PreWiViDi) (Id.).
1. That there is a Pregnant woman; 001
2. That violence is used upon such pregnant woman Without intending an Abortion Practiced bya Physician or Midwife andDispensingofAbortives
abortion;
3. That the Violencejslintgetion4 e ver edr Q: What are the elements of abortion' practiced by a physician or midwife and
4. That as a result;of th9k-leiglenc thd 4tu,1Ups, either in the womb or after dispensing abortives? 'A
having beemzpei? therefrom -TMEYES;"BooV4v'9>upra at 545) ANS: The elements are: (AIPAd) 05- .
(Id.). 1. That there is a pregnantWofnOrvho suffered an Abortion;
Note: The law emp oy the oreviole er.sth s act alptsica orce
:-1' 2. That the abortion was IntenAd;c:,,ntJ3.4tq,; .4,11.
a preinant
Q: What is the crimall lialiaility 9t) a 1)1 rso9 who in ngpr, pushes 3. That the offender who mualI,e,p Physi`Cin,:orr:-midwife, causes, or assists in
romhemorrhaginL but causing the abpAiOn; and :
woman twice c4ausingiher to fall twicec6' that shF diest „ 4:,
not before preinatriy deli k '.ering_ofiitifibiber..twint? \\JI '' \ 4. That said physician or midWif takes Advantage(? of his or her scientific
ANS: The personois liable fo a copple,x 10-imeAho icide w *unintentional aboron knowledge ortikile(RE_Y,ES(Bool,Kwo, supra at 549:54.
;1935). ."..P :r I' ..
(People v. Ge ijoves, G.R. No. L-42819,/Ap05,ebn ,..1s, ,601, :t,,s 'I.
i 12..i y fr;`,-) 1 Q: What are theXelements-'of-Aft 25p. when committed,by pth armacists? v•
,40'" k. i
Abortion Pra icecl taoman•Heikefisbrzby-HerParents ANS: The elertAnts ares S (P.NoD)
ii.,e. ,,A,, -
cerself or by her *I. Thallth:goffe Off is,a , Pharmacist
Q: What are‘0 th ele \ of 11.5 \ cli
‘'13ort'o ra,cppe
\a ' womari
d§ ,the i
" ent 2. That there isAlopr9per prescription , from a physicquantl
parents? '1/4 3. That thefotepder'Dispenses amitabortive (REYES, Book Two, supra at 550).
ANS: The elements are: &WON ' --"' -7,%• -4 '' gl
1. That they is a prd4vn Arm ffe ed an A Ortion;
s s ff Q: Is it necessary that?....the..1'Pliarmacists(1141,
w Rfii*ledge that the abortive would be
2. That the abortion ',Int edf-a used to cause an abortion?„1 ,,,..,..:,:.r7. • j,. • • . yeimt.f
3. That the aboitlio41-ts epi e ty: ANS: No. The law does not4Cti!ire such knowledge of the pharmacist. What is
a. The Eregna5'Worpan heKs9jf; ik. punished is the disperstpg of Ih&'abortive without proper prescription from a physician
b. Any Other psod:41h h'e tbdrede t.or (Id.).
c. Any of her Parents, witlItercZeisent, for the purpose of concealing her Note: If the pharmacists knew that the abortive would be used to cause an abortion and
dishonor (REYES, Book Two, supra at 548). abortion resulted from the use thereof, the pharmacist would be an accomplice of the
crime of abortion (Id.).
Q: What are the cases covered by Art. 258?
ANS: The following are the cases covered by Art. 258: Section Three. Duel
1. Abortion committed by the woman upon Herself or by any Other person with
her consent (par. 1); Responsibility of Participants in a Duel
(par. 2); or
2. Abortion by the woman upon herself to Conceal her dishonor Q: What is duel?
3. Abortion by any of the Parents of the woman with the latter's consent to ANS: It is a formal or regular combat previously concerted between two parties in the
conceal her dishonor (par. 3). presence of two or more seconds of lawful age on each side, who make the selection of
Note: The person liable under par.1 of Art. 258 is the woman only while the other arms and fix all other conditions of the fight (REYES, Book Two, supra at 551).
person who caused the abortion on her with her consent is liable for Intentional abortion
under Art. 256 (REYES, Book Two, supra at 548). Q: What are the punishable acts in duel?
ANS: The following are the punishable acts in a duel: (KIM)
Q: What if the purpose of the parents of the woman for the abortion was not to 1. Killing one's adversary in a duel;
conceal the latter's dishonor? 2. Inflicting upon such adversary physical injuries; and
ANS: The parents would be liable for intentional abortion under Art. 256, not Art. 258 3. Making a combat although no physical injuries have been inflicted (Id.).
(Id.).

322 323
 y.-1•••=1:;:c•

Q: Who are the persons liable in a duel? Serious Physical Injuries

ANS: The following are the persons liable in a duel:
Q: How is the crime of serious physical injuries committed?
1. The person who killed or inflicted physical injuries upon his adversary, or both ANS: The crime of serious physical injuries may be committed through the following:
combatants in any other case, as principals; and
2. The seconds, as accomplices (Id.). 1. By Wounding;
2. By Beating;
Challenging to a Duel
3. By Assaulting;. or
4. By administering an Injurious substance (REYES, Book Two, supra at 557).
Q: What are the punishable acts under Art. 261?
ANS: The following are the punishable acts under Art. 261: (CIS) Q: What are serious physical injuries?
1. Challenging another to a duel; ANS: The following are serious physical injuries: (13B-L2I-DeL21-1)
2. Inciting another to give or accept a challenge to a duel; and 1. When the injured person becomes Insane, Imbecile, Impotent, or Blind in
3. Scoffing or decrying another publicly for having refused to accept a challenge consequence of the physical injuries inflicted;
to fight a duel (REYES, Book Two, supra at 552). 2. When the injured person:
Note: A challenge to fight, without contemplating a duel, is not challenging to a duel. a. Loses the use of speech or the power to hear or to smell, or loses an
The person making the challenge must have in mind a formal combat to be concerted eye, a hand, a foot, an arm, or a leg;
between him and the one challen• ed'irrffiMese ce of two or more seconds (REYES, b. Loses the use of anyuggnember; or
Book Two, supra at 553). c. Becomes Incapaitt# Inthe work in which he was therefor habitually
engaged, in conqehpenpe•;d the physical injuries inflicted;
Q: Who are the persy 3. When the person injurectqi, "'
ANS: The following, 5p a. Becomes Defor9
1. The chaDeRge , b. Loses any othexptiber-rethisN
2. The instigb4 kl.). c. Loses the.,„yrthereokoqt
d. BecomesAll ANY
or incapacitated for the performarice of the work in which
Cha• ter Two. Ph sical In'une he was Ilabitually,abed for more .1fie"nt ninety (90) days, in
Mutilation consefienr9e otthel3hystcal injuries inflicted
Netefk•Thf4tiliF%/ore inpfudes studies or prepaiation for a profession
Q: What is m ,(RtYES 'BiokTwo,,gtipr011 t 564).
ANS: It mean e body (REYES, el.;1•
4. Wh n,:the injutekperson becornte, Ill or incapacitated t.
for labor for more than
Book Two, sup thirty (30) clakMmukipt be itOre thanve-daltWre- r Stilt of the physical
injuries inflictedz(REYES,Bapk. "Iii418, supra at&61z:1:-W
Q: What are the - .
Note: There mustzbe.rivitept to kill4if theR was intent to kill when the offender inflicted
ANS: The followinare theytwo any of the seriou‘physiciA injuries miekitioned, the crime would be frustrated or
1. Castratiork- Interitiokeli "-Olilatigarigt • er bydeprivi g him, either totally or attempted murder, parricide oqhomicide, A ae4th4rfay be (Id.).
partially, of some feasIntia ctioTior
2. Mayhem - InibiltionalTh2ON7tt;irrilitttignilihat is, by lopping or clipping .
Q: What is meant by leformityiter
off any part of th-6.4410..t.5f the Tioffen ejgrtep,i6ther than the essential organ ANS: Deformity refers tippyelFielvugliness, permanent and definite abnormality. It must
for reproduction, to d6grivq*picif o his body. be conspicuous and visibleWES, Book Two, supra at 561).
Note: If the mutilation is not causee purposely and deliberately so as to deprive the
offended party of a particular part of his body, the case will be considered as physical Q: What are the requisites of deformity?
injuries falling under Art. 263, par. 1 (offended party becoming impotent) or par. 2 (loss ANS: The following are the requisites of deformity:
of hand, foot, arm or leg), as the case may be (REYES, Book Two, supra at 556). 1. Physical ugliness;
2. Permanent and definite abnormality; and
Q: What are the elements of castration? 3. Conspicuous and visible (Id.).
ANS: The elements are: (GP)
1. That there be castration, that is, mutilation of organs necessary for Generation, Q: Is impotence synonymous with sterility?
such as penis or ovarium; and ANS: Yes. Since the effect is the same; loss of power to procreate. The term impotent
2. That the mutilation is caused Purposely and deliberately, that is, to deprive the should include inability to copulate and sterility (REYES, Book Two, supra at 559).
offended party of some essential organ for reproduction.
Note: Intentionally depriving the victim of the reproductive organ does not necessarily Q: When is the crime of serious physical injuries qualified?
involve the cutting off of the organ or any part thereof. It suffices that it is rendered ANS: The crime of serious physical injury is qualified when: (PM)
useless (REYES, Book Two, supra at 555). The penalty imposed shall be higher when 1. It is committed against persons enumerated in the crime of Parricide; or
the victim is under 12 years of age (R.A. 7610, Sec. 10). 2. It is committed with the attendance of any circumstance which qualifies
homicide to Murder (REYES, Book Two, supra at 565).

324 325
Administering Injurious Substance or Beverages Chapter Three. Rape
Q: What are the elements of administering injurious substance or beverages? Q: What are the two (2) modes of committing rape under R.A. 8353?
ANS: The elements are: (SKAN) ANS: Rape may be committed as follows:
1. Traditional Rape under Art. 266-A wherein there is carnal knowledge with a
1. That the offender inflicted upon another any Serious physical injury;
2. That it was done by Knowingly administering to him any injurious substances woman against her will. In this case, the offender is always a man and the
or beverages or by taking Advantage of his weakness of mind or credulity; and offended party is always a woman; or
2. Rape by Sexual Assault under R.A. 8353 or The Anti-Rape Law of 1997 is
3. That he had No intent to kill (REYES, Book Two, supra at 566).
Note: If the offender had any intention to kill, the crime would be frustrated murder, committed when the offender inserts his penis to another person's mouth or
considering the injurious substance as poison (Id.). anal orifice or by inserting an instrument or object into the genital or anal
orifice of another person. The offender and the offended party can either be a
Less Serious Physical Injuries man or a woman in the case of the insertion of any instrument or object
(People v. Pareja, G.R. No. 202122 January 15, 2014).
Q: What are the elements of less serious physical injuries?
ANS: The elements are (IN): Q: How may rape be committed?
1. The offended party is Incapacitated for labor for ten (10) days or more but not ANS: Rape may be committed through the following:
more than thirty (30) days, or ends edical attendance for the same period; 1. By a man who shall have carnal.tcnniledge of a woman under any of the
and
o
2. The physical injuries "ust N et bh
-567)
p t les gibed in the preceding Articles
following circumstances:
a. Through force, tlirOtNiAntildationi
(REYES, Boo Note: Moral ascehbad.,Cjr.5bryifluence exercised by the accused over
incapacitated from the victim substitiljetgltikelement of physical force or intimidation in
Q: Is it necessa tha011e niury-shblld-render cases of rape (people.-tti,,F,?,#.d!_glaGA,NoGt8.1202, December 5,
work and requirg.redlcalrassistanca? -x- wr 2012); ‹,•Y V., kr ----' 14445!'!Ie0
ANS: No. The lqiv use4e vjord "okbefiyeeni tincapacity tOrprk artd the necessity for b. When heidflended party s deprived of reaso or otherwise
medical attendfnce (RIC, Arit. 265). Her*there carte lessoAbbs physical injuries '
unconscious; 71 \I.
even if the injurhoe not reqUire—nTedic-aratte-ritlarb t hasVaimedlthe person to be c. By meanstpf fraudulent machinations or gr,a‘/ abuse of authority; or
unable to wort fa--1„0 0 clan. There' carihalsoi?0-kiess serious; p ysicp1 injuries even if d. Wheathejoffailied party 'if under twelve(12)Iyea4 of age or is
there was no i cap to wokk, promic(94,1hatihe inju had reqpireq edical treatment .demented; even though none of the circumstancesmentioned above
for 10-30 days RI`EAK • , Bda\Two, sujiiO`p8). I, 1 be preSent.
V-6
1,
Q: When is th crime 9f les,s..a,A?u , p giCakinjKles qualified?:
2. By a4y,person- who;, und%any o circumstances mentioned in paragraph 1
hereof, shall comthit an actqf sexual assaultIby.inserti penis into another
ANS: The crime f less'4erio6chysicarinjuriesjs" qajiffed Oren: (ITAGCuTA) person'SicrOthf;b4al orifice, or any instrument or dbject into the genital or
1. There is anifest intendotiriguitoff e injtffed person; or anal orificiefnahlas person (RP,C, Art. 266-A, as amended by R.A. 8353).
tot.e offense' (REYES, Book Two,
2. There are circumstanc
supra at 566). 7
dips
I O' Note: The circumstances when framtWbe committed under Art 266-A
should be deKed'ih lerms,af.tilaloppgovRikindividual to give consent.
It is also qualified where4i6trm,is either Decision-making is a function of thtmindience,a person's capacity to
1. The offender's Parellaendant, G aklian 1V, Curator or Teacher; or
decide whethe;r4tqgivaVonsent or to express resistance to an adult activity is
2. Persons of rank orber,s4se . _ lor0-pf°Gibed that the crime is not direct determined notby,Thiaor her chronological age but by his or her mental age
assault (Id.). People v. Quintoi:'G.R. No. 199402, November 12, 2014).
Slight Physical Injuries Q: What are the elements of traditional rape?
Q: What are the kinds of slight physical injuries? ANS: The elements are: (MC-FoDFU)
ANS: The following are the kinds of slight physical injuries: (INI) 1. That the offender is a Man;
1. Physical injuries which Incapacitated the offended party from one (1) to nine 2. That the offender had Carnal knowledge with a woman; and
(9) days, or required medical attendance during the same period; 3. That such act is accomplished under any of the following circumstances:
2. Physical injuries which did Not prevent the offended party from engaging in his a. Through Force, threat or intimidation;
habitual work or which did not require medical attendance; or b. When the offended party is Deprived of reason or otherwise
3. ill-treatment of another by deed without causing any injury (REYES, Book unconscious;
Two, supra at 569). c. By means of Fraudulent machinations or grave abuse of authority; or
Note: When there is no evidence of actual incapacity of the offended party for labor or of d. When the offended party is Under twelve (12) years of age or is
the required medical attendance; or when there is no proof as to the period of the demented, even though none of the circumstances mentioned above
offended party's incapacity for labor or of the required medical attendance, the offense is be present (REYES, Book Two, supra at 577).
only slight physical injuries (Jabalde v. People, G.R. No. 195224, June 15, 2016).
 A 1 N ▪ ei At;`', 4 '2019t
{air ,,A0A•wk
Q: Would there be a crime of rape if narcotics were administered to the\victim? .
Q: What are the elements of rape by sexual assault? ANS: Yes, there is rape if the narcotic (e.g. liquor or drug) is used to deprive the victim
ANS: The elements are: (SMIC) of her power to consent or her power to resist the offender. However, if the narcotic
1. That the offender commits an act of Sexual assault; m
suepra
relyafta5c1816
1:ted the victim's consent so as to incite her passion but did not deprive her
2. That the act of sexual assault is committed by any of the following means: of her will power, then there is consensual intercourse and no rape. (REYES, Book Two,
a. By inserting his penis into another person's Mouth or anal orifice; or
b. By inserting any Instrument or object into the genital or anal orifice of
another person; and Q: May rape be committed by use of fingers?
3. That the act of sexual assault is accomplished under any of the Circumstances ANS: Yes. When the criminal act consists of inserting a finger into anther's genitals, it
enumerated under the first act of committing rape (REYES, Book Two, supra is rape by sexual assault (People v. Cabellos, G.R. No. 169642, September12, 2008).
at 578). Note: A charge of acts of lasciviousness is necessarily included in a complaint for rape.
Insufficiency of evidence to convict accused's guilt for rape may be sufficient to convict
Q: Is it essential that there be complete penetration of the female organ? the accused for acts of lasciviousness (REYES, Book Two, supra at 582).
ANS: No. For the crime of rape to be consummated, it is not essential that there be a
Q: When Is rape qualified?
complete penetration of the female organ, neither is it essential that there be a rupture AN S:to
Rese Rapp3)
e under both acts of committing it Is qualifiedftvAie following: (DIA-HUPS-
of the hymen. Hence, there can be noFrime of frustrated rape because the slightest ti,
penetration or mere touching of the summates the crime (People v. Oscar, 1. When rape is committe 4vvithYttie use of p Detill weapon or by two or more
G.R. No. L-24055, December -8, 925). persons;
At t 2: When by reason of or o ,troas on of raper4rOvictim has become Insane;
Be that as it may, the be sWoientwanc zgy
l.inpigg• roof that the penis indeed 3. When the rape is Attempteta'n4 • taco -hied by reason of or on
touched the labia o la'ef&ale organ, and fit pejely stroked the external the occasion of rape:(scieciAlOrt ex'`"'
surface thereof, ft) seci..to-treW-Vi rcted<cozsl?nmated rape. Absent any 4. When by reason) or on the,ocipsion M of P'. de is committed (special
if tion otthe eme•orgari, irelgotlyNe attempted rape, if
showing of the sli kfast)penetr' complex crime);
not acts of lascivious'? ts. 1,
e mons 13; ,is .1.sthe extern Ayer of the vagina. The Note: When the hfimicide is committed not by re
rape, there. IF no..special come'x crime of rape
f or on the occasion of
labias, which ar6 regui ed to e touchecitTt-the penis, tare byttqpkural situs located ' tin homicide (People v.
beneath the is, tottouch their with the penis is tb *,...--,
attain some degree of Laspardas,'G.R. iV6.1 4 t1-46146, ober 23, 191.
,-- ,_ Ho _ .-- , 5. Whaertie victim' is Under1-18 rs of age nd ie Offender is a parent,
penetration. is rape co umrnat d :(Peopl v. B ong,, R. No. 168932, m..... , s..... I
October 19, 2 11 t' ligi_ 16 , asceggant.stepprent, guardianglative ti n by lo affinity within the
)...=.1
thirhivil degree, isr the coAmo w spouse q1 e victim;
Q: When is thve attenip 0,gpe? FR in Note: Tie statement that the vi Is the minotedaug er of the offender is
not enough: tfis e4pntialkat *Information must state the exact age of the
ANS: PenetraticaVs4kesseVia,:Nt offexe,Aution uce e felbiy. Thus, for there victim at the time oftihe commis ef,_ crime (People v. Baniguld, G.R. No.
to be an attempted rape the 4,:cused_gAt hat tniiienc,d the a21 of penetrating his 137714. SeptembeP8, 2000). ,‘)--
sexual organ to titat of ffttvictirefokispm • .1se or bcciderly other than his own --4- c....1112•
6. When the victim is under ther' ", • . po ql: Poi'roo
IF e r military* authorities or any
voluntary desistanc, the peRetratipA, liNsili ht, • Enot com Teted (People v. Bon, law enforcement or p9tilinstitution;
G.R. No. 166401, October 30; -20. 6 7. When the rape issornmitted in full view of the spouse, parent, or any of the
-(90 7
Q: Is it necessarythat th fOrCe einploWPi
&ILO ape be irresistible?
children or other relatives within the third civil degree of consanguinity;
8. When the victim is a Religious engaged in legitimate religious vocation or
ANS: No. It is enough that tige lament to consummate the culpri,t's calling and is personally known to be such by the offender before or at the time
purpose of copulating with the offen e People v. Savellano, G.R. No. L-31227, of the commission of the crime;
May 31, 1974). 9. When the victim is a child Below 7 years old:,
10. When the offender knows that he is afflicted with Human Immunodeficiency
Q: What is statutory rape? Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other
ANS: It is rape committed against a girl under twelve (12) years of age. Statutory rape sexually transmissible disease and the virus or disease is transmitted to the
is committed even if the girl under twelve (12) years of age consented to the sexual act victim;
or even if she be a prostitute. The law does not consider that kind of consent as 11. When committed by any member of the Armed Forces of the Philippines (AFP)
voluntary, as the offended party under 12 years of age cannot have a will of her own or pars-military units thereof of the PNP or any law enforcement agency or
(REYES, Book Two, supra at 588). penal institution, when the offender took advantage of his position to facilitate
the commission of the crime;
Note: In determining whether a person is "twelve (12) years of age" under Art. 266-
A(1)(d), the interpretation should be in accordance with either the chronological age of • 12. When by reason of or on the occasion of the rape, the victim has suffered
Permanent physical mutilation or disability;
the child if he or she is not suffering from intellectual disability, or the mental ace if
13. When the offender knew of the Pregnancy of the offended party at the time of
intellectual disability is established (People v. Quintos, supra). If the offender had the commission of the crime; and
knowledge that the victim is demented he would be committing qualified rape under M.
266-B.
329

328
 14. When the offender knew of the mental disability, emotional disorder and/or 7. Other forms of Trespass (Art. 281);
Physical disability of the offended party at the time of the commission of the 8. Grave Threats (Art. 282);
crime (RPC, Art. 266-B). 9. Light Threats (Art. 283);
10.Other Light Threats (Art. 285);
Q: What are the effects of pardon on rape? 11.Grave Coercions (Art. 286);
ANS: The following are the effects of pardon on rape (MaF): 12.Light Coercions (Art. 287);
1. The subsequent valid Marriage between the offender and the offended party 13.Other Similar Coercions (Art. 288);
shall extinguish: 14.Formation, Maintenance and Prohibition of Combination of Capital or Labor
a. The criminal action; or Through Violence or Threats (Art. 289);
15. Discovering Secrets Through Seizure of Correspondence (Art. 290);
b. The penalty already imposed; and
Note: Only as to principal (husband) but not as to accomplices and 16. Revealing Secrets with Abuse of Office (Art. 291); and
accessories (REYES, Book Two, supra at 594). 17. Revelation of Industrial Secrets (Art. 292).
2. The subsequent Forgiveness of the wife to the legal husband shall extinguish
the criminal action or the penalty, provided, that the crime shall not be Chapter One. Crimes Against Liberty
extinguished or the penalty shall not be abated if the marriage is void ab initio. Section One. Illegal Detention
This is an exception to the u, by the offended party shall not
extinguish the penal ction In crimes a ainst.person (RPC, Art. 266-C). 49
Kidnapping and Serious Illegal Deteriti6
AMAIN
Q: What are the elements of kidgAppingnd serious illegal-detention?
Q: May a husband be urtly ()bra e ommitted uponihis-w e? ANS: The elements are: (PKI
ANS: Yes. Under, 66-vw amended by R./N8355, sband may be guilty of 1. That the offender is a Priyatkit1.84 ual•
rape of his wife wensates: "in-ca-s-ritFthegegkbuks\aneW o is the offender..." 2. That he Kidnaps or detains%"abtlierpOefitifapy oth"anner deprives the latter
of his liberty; ,7 11,5
(REYES, Book T /59
X 3. That the act detention
datention or kjdnapping must be Illegaft,and
Q: What pieces of evidence may be accepted in the prosesutiOriol rape? 4. That in the commission of•teloffense, any of theffollowing circumstances is
ANS: The follottart the nieces of evidence th-dfria§ be accrosj the prosecution present: 1Nk
of rap: (PI) ' ,
lir I a. Tha0he kidnapping or detention lasts for,Morie than three (3) days;
1. Any _hysidal overt act manife§tjamasistance againstkhelact of rape in any b. That it is committed SimulAing public auelliori0;
degree' otiheciffycled hp7 cThat any serious physical injuries ate itlicte k upon the person
render4Jher Incapable of hr
2. Wher .iie-Noffen 9,Aparty is-so situated,,a, m` kidnapped detained or tEliireats twksigtlitTizal*triag0';Tcr
giving Is/he consent( rt. 26-6-D,214'ernen4d by R,A. 8353). d s'4 That the,pditon klifiappeit!lor detainecWie5Milailr'emale, or a Public
• oqi,certpeople -
7 /N
./,,,,, Mrad&G.R. No. L-65152,August 30, 1984).
!TY (RP , Arts. 267-292) Note: If the offenclatick-
H. CRIMES AGAINST PERS_ONALM a ptil?,lic officer, tile/crime is arbitrary detention provided all the
Se tr. r-t-1 elements thereof are' Rlese4(REYES, 640:50 Fm supra at 600).The penalty shall be
Under the RevisedPenal
death where the kidnappinnr d9tefitiqp:%0";',d0Mt:t.apr for the purpose of extorting
N1 /4
Q: What are the crimem_garn9t-personal.libe qrkker the RPC? ransom from the victiriAr any gtt)0114fgeiti' , Weiretibctieof the circumstances above
ANS: The following are thek‘mes Againgt9trablkiibe" mentioned were present theiColiimission of the offense (RPC,'Art. 267).
1. Kidnapping and SeriolisSiwal IDetenifiL4'(Artf'267);
2. Slight Illegal Detention (Art. 268)-, Q: Is an adult liable for kidnapping after deceiving a child that her parents were at
3. Unlawful Arrest (Art. 269); a certain place and succeeded in convincing the child to voluntarily go with him
4. Kidnapping and Failure to Return a Minor; (Art. 270); there, and thereafter detain the child?
5. Inducing a Minor to Abandon His Home (Art. 271); ANS: Yes. The fact that the victim voluntarily went with the accused did not remove the
6. Slavery (Art. 272); element of deprivation of liberty because the victim went with the accused on a false
7. Exploitation of Child Labor (Art. 273); inducement without which the victim would not have done so (People v. Santos, G.R.
8. Services Rendered Under Compulsion in Payment of Debt (Art. 274); No. 117873, December 22, 1997). Under Art. 267 of the RPC, the victim need not be
taken forcibly for what is controlling is the act of the accused in detaining the victim
Q: What are the crimes against security under the RPC? against his will after the accused is able to take the victim in his custody.
ANS: The following are the crimes against security:
1. Abandonment of Person in Danger and Abandonment of One's Own Victim Q: When is kidnapping and serious illegal detention qualified?
(Art. 275); ANS: Kidnapping and serious illegal detention is qualified when: (RaKRaT)
2. Abandoning a Minor (Art. 276); 1. The purpose is to extort Ransom;
3. Abandonment of Minor by Person Entrusted with His Custody (Art. 277, par. 2. When the victim is Killed or dies as a consequence of the detention;
1); 3. When the victim is Raped; or
4. Indifference of Parents (Art. 277, par. 2); 4. When the victim is subjected to Torture or dehumanizing acts (REYES, Book
5. Exploitation of Minors (Art. 278); Two, supra at 609).
6. Qualified Trespass to Dwelling (Art. 280);

330 331
 t4f04.,fitl.

Q: What is ransom? Note: It must be shown that he was in a position to prolong the detention for more than
ANS: Ransom is money, price, or consideration paid or demanded for redemption of a three days and yet he released the person detained within that time (REYES, Book Two,
captured person or persons, a payment that releases from captivity (REYES, Book Two, supra at 611).
supra at 608).
Unlawful Arrest
Q: Is actual demand for ransom necessary? Q: What are the elements of unlawful arrest?
ANS: No. Neither actual demand for not payment of ransom is necessary for the ANS: The elements are: (ADU)
consummation of the felony. It is sufficient that the deprivation of liberty was for the 1. That the offender Arrests or detains another person;
purpose of extorting ransom even if none of the four (4) circumstances mentioned in Art. 2. That the purpose of the offender is to Deliver him to the proper authorities; and
267 were present in its perpetration (People v. Muit, G.R. No. 181043, October 8, 2008). 3. That the arrest or detention is Unauthorized by law or there is no reasonable
ground therefor (REYES, Book Two, supra at 612).
Q: Distinguish illegal detention from arbitrary detention. Note: If a public officer has the authority to arrest and detain a person, but without legal
ANS: The following are the distinctions: ground, the crime is arbitrary detention under Art. 124 (REYES, Book Two, supra at
613).
Illegal Detention 4,krbjtrary'D'eten.tion.
(RPC,Arts. 267-268), d!Irt• Section Two. Kidnapping of Minors
As to who may commit: ' Kidnapping and Failure to ReturnA7linor
.1
‘:WafiNr:i
Private individual Q: What are the elements of kidnappim-and failure to return a minor?
40(
402, - ANS: The elements are: (C uF) , WO
As to the manner of commission ,—,
1. That the offender is entrilstedfifithWEd i etody of atinor person (less than 18
years old); and ,,,,.,.:, -tut' fr''''''' '
,Nf.170.4:
rf
Unlawfully idnap detains]ors; 2. That he deliberately Fails to yesfOre the said minor his parents or guardian
otherwise deRrives a persori of liberty „„(1. i
ii t,
(REYES, BoOVtwo, supra e(614).
iret Ar
As to the nature of the'crime;'' i:%:,. 4 ., ••g5' '1 O 0 '4.
`)4
.7 Q: How is Art. 270,(Iddnapping and failure .-,, to return,e'a minor) different from Art.
viArime ag nst the Tali Umental law of 267 (kidnappingInd serious n dlegal,dete:Rhon)? t 0
..--ghe_Statef ANS: Art 27Ciii..necesqsily included ill, Alt ;267, but they differ in the following regard:
g•,....:,,
C %-4=57,,J1c.nf3,4T,
(REYES, Book 4rwo,SObra at -6io ' Kidnapping and Failure to Return a Kidnapping and Serious Illegal
Minor (RPC, Art. 270) • Detention (RPC, Art. 267) ,
SlightIllesfal Detention
. •• .) As to the custody of the victim • •
Q: What are the ellkentsoi sltg t-illeaglskete tio ? .•._•
ANS: The elements are,(Rriq)), -0 - Offender is entrustecimith the pustoitly4'f: i...-..0ffenderisv,5not entrusted with the
1. That the offender Pri/ate ind,ivjdual‘,V of the minor. custody of the victim.
2. That he Kidnaps ofdetaihs anolhelicti .y her manner deprives the latter
of his liberty; As to the act punished
3. That the act of detention or kidnapping must be Illegal; and
Deliberate failure of the offender What is punished is the illegal detention
4. That the crime is committed Without the attendance of the circumstances
having custody of the minor to restore or kidnapping of the minor.
enumerated in Art. 267 (REYES, Book Two, supra at 611).
him to his parents or guardian.
Q: What is the liability of the person who furnished the place for the perpetration
of the crime? (REYES, Book Two, supra at 615; AMURAO, Book Two, supra at 171-172).
ANS: The liability of the person who furnished the place for the perpetration of the crime
is that of a co-principal (RPC, Art. 268, par. 2). Inducing a Minor to Abandon Home
Q: What are the elements of inducing a minor to abandon home?
Q: When will the liability of the accused be mitigated in slight illegal detention? ANS: The elements are: (Livin)
ANS: The liability of the accused will be mitigated in slight illegal detention provided the 1. That a minor (less than 18 years old) is Living in the home of his parents or
following concur: (RPC) guardian or the person entrusted with his custody; and
1. The offender voluntarily Releases the person so kidnapped or detained within 2. That the offender Induces said minor to abandon such home.
three (3) days from the commencement of the detention; Note: The minor should not leave his home of his own free will (REYES, Book
2. Without having attained the Purpose intended; and Two, supra at 619).
3. Before the institution of Criminal proceedings against him (RPC, Art. 268, par.
3).

332 333
Q: May the father or the mother of the minor commit the crimes under Arts. 270 Chapter Two. Crimes against Security
and 271? Section One. Abandonment of Helpless Persons and Exploitation of Minors
ANS: Yes, if they are living separately and the custody of their minor children has been
given to one of them. The parent who kidnaps the minor child from the other having Abandonment of Persons in Danger and Abano'onment of One's Own Victim
lawful custody of said child or induces such minor to leave his home is liable under Arts. Q: What are the punishable acts under Art. 275?
271 and 270, respectively (REYES, Book Two, supra at 619). ANS: The following are the punishable acts under Art. 275:
1. Failing to render assistance to any person whom the offender finds in an
Section Three. Slavery and Servitude Uninhabited place wounded or in danger of dying when he can render such
Slavery assistance without detriment to himself, unless such omission shall constitute
a more serious offense;
Q: What are the elements of slavery? 2. Failing to help or render assistance to another whom the offender has
ANS: The elements are: (PE) accidentally Wounded or injured; and
1. That the offender Purchases, sells, kidnaps, or detains a human being; and 3. Failing to deliver a child, under seven (7) years of age, whom the offender has
2. That the purpose of the offender is to Enslave such human being. found Abandoned, to the authorities or to his family, or by failing to take him to
Note: The purpose must be determined. If the purpose is to enslave the victim, it is a safe place.
slavery; otherwise, it is kidnapping o 'llega detention (REYES, Book Two, supra at Note: The child under seve94) years of age must be found in an unsafe
620). place. It is immaterial thgt, tferoffender was unaware that the child was under
seven years of age (REyESTB5ok,Two, supra at 624).
Q: When is slavery qyalifie „,,. -----'k-...,,-1 1.-”'
ANS: Slavery is qualified n,the purpose of theg1-fenderA? to assign the offended Q: What are the elements of Ari'f275(1
party to some immofartr roaltution)7f2PerAtt 272 F a ,: 2) ANS: The elements are: (UDWAy
1. The place is Uninhabited;
Exploitation of CHI [tabor /P) 24 X Note: "Uninhabited place" !tis petermined by thellpossibility of a person
i / ..'' •
Q: What are thekel. ments o ploltatiA italab?r? receiving assistance fromfOiojher. The place/Tay still be considered
ANS: The ele t Ke: (RAI?) .,0
.
‘.._
. , , 1111 , uninhabited indavitileven,itthere are many housesfarburid but the possibility of
1. That he o ender R tains bi•TiiioAinAsservige; receiving assistance is remote. r
2. That tiyagpinst th ill ofthapsir/a"Fid "- 1 2. The accused found there a pers14 wounded or In Dapgeqf dying;
3. That it 1i'd 'der$1, . ext_oa.eimbursiag h If of a p,ebt incurred by an 3. Thefaised,cansender assistance Without detriment to himself; and
A....,- .. r 4. Thelagisethralitto render Assialgnce (REYES7Boitik7,77wo,,s,upra at 624).
asce ',dal) uardOk pe%ion afnuste the cusp y of such minor
'41
(REYES Boo Two,~ls, o atrtgl kl:LC7' • 7
Abandoning a lifinor
`cA
Services Rendered UndercCom Q: What are the eleMents otabandoning
Q: What are the ele ents ,Oh ervic slgk d uddercompulsion of payment? ANS: The elements arkcSAN)
ANS: The elements are1/4(CA90 1. That the offender has theleustodyibfatailiti422
1. That the offenEferComrtels a Veptci "to o or him, either as household 2. That the child),(s'under4SeVen (7) years of age;
servant or farm laborer jI 3. That he AbanCl4s such child; and
2. That it is Against the debto • illran 4. That he has No intent kill the child when the latter is abandoned.
3. That the purpose is to Require or enforce the payment of a debt (REYES, Note: If there is intent to kill and the child dies, the crime would be murder, parricide, or
Book Two, supra at 622). infanticide, as the case may be. If the child does not die, it is attempted or frustrated
murder, parricide or infanticide, as the case may be (REYES, Book Two, supra at 626).
Q: What is the difference between Art. 273 and Art. 274
ANS: In Art. 273, the victim is a minor who is compelled to render services, not limited Q: May the intent to kill be presumed from the death of the child?
to household and farm work, for the supposed debt of his parent/guardian. In Art. 274, ANS: No. The ruling that intent to kill is presumed from the death of the victim of the
the victim may be a minor or not and it is the debtor himself who is compelled to work for crime is applicable only to crimes against persons, and not to crimes against security,
the accused and such work is limited to household and farm work (REYES, Book Two, particularly the crime of abandoning a minor under Art. 276 (Id.).
supra at 622).
Note: If debtor is compelled to provide janitorial services, creditor is not liable under Art. Q: What if the act of abandoning a legitimate child is done for the purpose of
274. causing it to lose its civil status?
ANS: The crime under Art. 347 (concealment or abandonment of a legitimate child) is
committed (REYES, Book Two, supra at 1003).

334 335
Q: What are the circumstances that qualify the offense? Q: What are the elements of indifference of parents?
ANS: The following are circumstances that qualify the offense: (DL) ANS: The elements are: (PaNS)
1. When the Death of the minor resulted from such abandonment; or 1. That the offender is a Parent;
2. If the Life of the minor was in danger because of the abandonment (Art. 276, 2. That he neglects his children by Not giving them education; and
par. 2). 3. That his Station in life requires such education and his financial condition
Note: The act must be conscious and deliberate such that the abandonment deprives permits it (REYES, Book Two, supra at 628).
the child of the care and protection from danger to his person (People v. Bandian, G.R. Note: Failure to give education must be considered against the rules on support in the
No. 45186, September 30, 1936). Family Code such that there is abandonment of duty when the support is within the
means of the accused but is unjustly withheld or refused (REYES, Book Two, supra at
Abandonment of Minorby Person Entrusted with His Custody; Indifference of 629).
Parents
Exploitation of Minors
Q: What are the punishable acts under Art. 277?
ANS: The following are the punishable acts under Art. 277: Q: What are the punishable acts as exploitation of minors?
ANS: The following are the punishable acts under Art. 278: (CEEDI)
1. Delivering a minor to a public institution or other persons without the consent
of the one who entrusted such minor to the care of the offender or, in the 1. Causing any boy or girl under 16 years of age to perform any dangerous feat
absence of that one wi hoat''''the4,4consent
t of the proper authorities of balancing, physical strength4contortion, the offender being any person;
2. Employing children underit.Vears of age who are not children or descendants
(abandonment ofAfnorhby peionlenhtirCwiteis custody); and
of the offender in exhibitiOnS', , robat, gymnast, rope-walker, diver, or wild
2. Neglecting hiso,(oyeRd?r%sj children4b9 nor giying4hem the education which
their stationooin lie r uiresd'=1 Maned copditi n ermits (indifference of animal tamer, the offeKdei-AbeinA an acrobat, etc., or circus manager or
Two su a at 627 . engaged in a similar callings
parents) (
3. Employing any descendant uni4gg5ikrs of age dangerous exhibitions
Q: What are the elements o abandonnient-of minor byypersori entrusted with his enumerated in the next prgalilidr-PFaValiWitifelaffender being engaged in
custody? it' .5 lit any of said callings;
4t,!
ANS: The elenri, arie: (EPIC) 4. Delivering a cciptld under 16,,yee4e,
years ofof age gratuitously lo any person following
1. That the,pfrefider his charge of the rearing or rducation
E -a minor; any calling eabmirated.in,.p6ragreph 2, or to any; habitual vagrant or beggar,
Note! The-Word "re meaps,to min to-matu ity by educat g, nourishing, etc. the offenderbeinkOrPaScendant4uardian, teacher, Or person entrusted in any
(REBook Two uprdzal-,6281-- • capacity;tiiith the'eare•,of such child and
2. That e'Veli4ers sas inor '- Institu - r ot er persons; and 5. InduCing, anyAg,hild under '16 years of agefto abandon the home of its
3. That hp sted isuql child to e,O ffendel-mh' as 'not Consented to aseeliantszeNians,.;purator&ittr teachers-to,folloW,anwperson engaged in
••r.'• P ,., h. . i Y .•>d It •.—
such ,,ctfori the o ealrusiedcAlie hi a to the offender is absent, the any calling mentioned in,pgegraphl 2, or to aeco,ftarlyepylliabitual vagrant or
propeeauthorities ha brieente 6,1 beggar; ti,,e,Afiide, being any *son (RPC, Art. 2iar'
Note: Qualifying Cityurnstanc2: Delivery ogthe child to any person following any of the
Q: How is abandoQing ami,zo TiMrp t fLom abanilonment of minor by callings of acrobat, gyranast,h)pe walker,rdlyer;7.wild animal tamer or circus manager or
person entrusted with his yustoly-and .ridiffe e 6-ofwvents (Art. 277)7 to any habitual vagrantigrebeggar is mOeiri::'04100ration,of any price, compensation
ANS: The following are en* ch- inpribns: or promise (Art. 278, parr7). 1
,„-
Abandoning a Minor .*Abandonment of Person Q: Distinguish exploitagon of minors (Art. 278, par. 5) from inducing a minor to
(RPC, Art. 276) Entrusted with his Cpstody and' abandon his home (Art. 271):''' :f '
Indifference of Parents. (RPC, Art. 277) ANS: The following are their distinctions:
As to the nature of cUstody • Exploitation of Minors Inducing a Minor to Abandon His
The custody of the offender is stated in The custody of the offender is specific, (RPC, Art. 278, par. 5) 'Home (RPC, Art. 271)
general. that is, the custody for the rearing or As to the purpose of the offender -:•••••
education of the minor.
The purpose is to induce the minor to If there is no such purpose, it falls
• • .
• As to the age.of the victim. , . • .. . abandon his home to follow any person under Art. 271.
engaged in any of the callings of being an
The minor is under 7 years of age. The minor is under 18 years of age. (R.A. acrobat, gymnast, rope-walker, diver, wild-
6809) animal tamer or circus manager or to
As to the act punished accompany any habitual vagrant or beggar.

What is punished is that the minor is What is punished is that the minor is As to the age of the victim
abandoned in such a way as to deprive delivered to a public institution or other The minor is under 16 years of age. The minor is under 18 years of age.
him of the care and protection that his person.
(Age of majority now 18 years under
tender years needed. R.A. 6809 .
(REYES, Book Two, supra at 628). (REYES, Book Two, supra at 631).
336 337
Additional Penalties for Other Offenses Other Forms of Trespass
Q: Will the imposition of penalties prescribed in Arts. 275-278 prevent the Q: What are the elements of other forms of trespass?
imposition upon the same person of the penalty provided for any other felonies ANS: The elements are: (EUMaN)
defined and punished under the Code? 1. That the offender enters the closed premises or the fenced Estate of another;
ANS: No. The imposition of the penalties in Arts. 275 to 278 shall not prevent the Note: Premises signify a distinct and definite locality. It may mean a room,
imposition upon the same person of the penalty provided for any other felonies defined shop, building or definite area, but in either case, locality is fixed.
and punished by the Code (RPC, Art. 279). 2. That the entrance is made while either of them is Uninhabited;
3. That the prohibition to enter be Manifest; and
Section Two. Trespass to Dwelling 4. That the trespasser has Not secured the permission of the owner or the
caretaker thereof (REYES, Book Two, supra at 639).
Qualified Trespass to Dwelling
Q: What is a dwelling place? Q: How is qualified trespass to dwelling (Art. 280) distinguished from other forms
ANS: As used in Art. 280, it is any building or structure exclusively devoted for rest and of trespass (Art. 281)?
comfort, as distinguished from places devoted to business, offices, etc. (REYES, Book ANS: They may be distinguished in the following manner:
Two, supra at 633).
Qualified Trespass to Dwelling Other forms of Trespass
...00 17 .
d
Q: What are the elementspfA alined re pri welling? (RPC; Alt 280) • (RPC, Art. 281)
ANS: The elements are: (PEA
1. That the offender is xi,at arson; As to the offender
2. That he EVA dpiling of anothet;pi
Out occupant (REYES, In trespass to dwelling, the offender ,,In.pttleRfor s of ttespass, the offender is
3. That such opt an dis Against thatill of tliown is a private person.
Book Tw9g su 97 632-633).P . -x
,
Note: It is quali ed if the offe se is committedloy means of violooe or intimidation (Art As to the location
280, par. 2).
The offender enters a,dwelling, he offender enterstblosed premises or
Q: Is lack of permission equal to lopilatio house. r i.• fenced estate. /
"C" ,d ••„
ANS: No. It it n4es9aiyk the ortlinatgife of m 0;_in,order to .enter the door of a • As to the nature of the Place
house, to obtap previous [fie' ownerwIceiveit. j,t4 person to whom
4.--..ir ,:-•P
entrance has n Click dek elorepnd "eg sj.9pcgs that the \o, ner of the house The place enteredIs'inhabited.k
August 18,
hastno objectio to:rec1;vind‘ n it [(13_- b lp/ .. G.R.No. L417332,
calf
i
1921). , As to the will of the owner

Q: If a person enters the dwellin 6-1*.ethlat t-nicihtehoy permission but also The act constituting the crgn
' e is
he qp.ggenstituting the crime is entering the
not having been expw,slyigvt,„
rcihibi is e i lelor qespass to dwelling? ,01.441refrbw,r the fenced estate
gaithetivill%e 91
entering the dwellinginst
ANS: Yes. It is a well-se& leithat qever iitelp,Veciwelling of another at late of the owner. without securing the permission of the
hour of the night after the iffinusthave 6 tireckand closed their doors does so owner or caretaker thereof.
against their will. An express prciiiibitioadmg. quired as it is presumed (U.S. v. Panes,
G.R. No. 8469, September 2, 1913). • As to the prohibitioni

The prohibition to enter is express

Q: When is Art. 280 inapplicable? The prohibition to enter must be manifest.
or implied.
ANS: Art. 280 is inapplicable in the following instances:
1. If the entrance to another's dwelling is made for the purpose of preventing
some serious harm to himself, the occupants of the dwelling or a third person; (REYES, Book Two, supra at 639).
2. If the purpose is to render some service to humanity or justice; or
3. If the place where entrance is made is a café, tavern, inn and other public Section Three. Threats and Coercions
houses, while the same are open (RPC, Art. 280, par. 4). Grave Threats
Q: What are the acts punishable as grave threats?
Q: What if the offender is a public officer or employee?
ANS: The following are the acts punishable as grave threats:
ANS: The crime committed is violation of domicile under Art. 128 of the RPC.
1. Threatening another with the infliction upon his person, honor, or property or
that of his family of any wrong amounting to a Crime and demanding money or
imposing any other condition even though not unlawful, and the offender
attained his purpose;
2. By making such threat without the offender Attaining his purpose; and

338 339
 3. By threatening another with the infliction upon his person, honor or property or Q: Distinguish bond to keep the peace (Art 35) from bond for good behavior (Art.
that of his family of any wrong amounting to a crime, the threat Not being 284).
subject to a condition (REYES, Book Two, supra at 640). ANS: They are distinguished as follows:
Note: The offense is qualified if committed through writing or through a middleman 1. Art. 35 is not made applicable to any case; Art. 284 is applicable only to cases
(RPC, Art. 282). of grave threats and light threats.
2. In Art. 35, if the offender fails to give the bond, he shall be detained for a
Q: What if what would separately constitute the crime of grave threats were period not exceeding six months, for grave or less grave felonies, or not
merely incident or were means to commit another crime? exceeding 30 days for light felonies. In Art. 28 if offender fails to give bail, he
ANS: If another crime is actually committed or the objective of the offender is another shall be sentenced to destierro (REYES, Book Two, supra at 650).
crime, and the threat is only a means to commit it or a mere incident to its commission,
the threat is absorbed by the other crime. But if the threat was made with deliberate OtherLight Threats
purpose of creating in the mind of the person threatened the belief that the threat would
Q: What are the acts punishable as other light threats?
be carried into effect, the crime committed is grave threats, and the minor crime which ANS: The following are the acts punishable as other light threats (WHarN):
accompanied it must be disregarded (REYES, Book Two, supra at 647). 1. Threatening another with a Weapon, or drawing such weapon in a quarrel,
unless it be in lawful self-defense (provided that the act does not constitute a
Q: What are the elements of g ve-thr ats where the offender attained his light threat);
purpose? 2. Orally threatening anotheigigtheiheat of anger, with some Harm constituting a
ANS: The elements are: (1-DA) N. crime, without persistingtigtMA involved in his threat (provided that the act
1. That the offep ectirreeten nother.mcip wit,hehettnfliction upon the latter's does not constitute a grayie3ttirAtYird
person, ho 6 r prpte , or upon that of h l'a er \ta ily, of any wrong; Note: The word "not" in'IthkR7,p9saWpographical mistake (REYES, Book
2. That suc omits-to Two, supra at 651). A.
3. That there's D mtrd for•Don or at any other ,0 Ai 'on is imposed, even 3. Orally threatening ti:4"86 another hafnTtedtiboildtituting a felony (RPC, Art.
thong not awful; and ir ,
4. That t offerer A ains his pynipse (REYE i Boo Taw* pra at 641).
285).
-e
Note: When the threats are directepo, a person who Oksent and uttered in a
,_ - III
I ,,, 1 ,..."'t4 temporary fit of angerjthektfense is only light threat's (People v. Fontanilla, G.R.
Q: What are t e ele fents o gray threatsaioteUbje
_,,,.
t to a ionditi n? No. 39248, Februa.
tiliii `•,-14 1
ANS: The ele en e: (ICN1 \zmTml 4 l'-'4-1
spersonp ., e Inflictioq upon the latter's
1. That h nd r t atens anoW Q: Distinguis Aher light threats (Art. 85) from grave / \
Nty, orropNa4 of tD€ a er's alni , 2f any wrong; threats'i(Art. 282) and light
perso on r or 9 9
threats (Art.r283). ..tang4201-,,
2. That s WI,dr g a , o , tkto „.i_c_ri < .nf ANS: In Art. 2'85, therp;s:mi'demand4or mopey or thatthei&liglieeandition imposed or
3. That the three 's Nosp i ta c i-f ot(REYE , Book Two, supra at 643). that the threat istiot,deliberate (REYES Book Two, supra at 652).
•••• .."
Light Threats
sciEralt's- Grave Coercion
Q: What are the elementspli" ht, reate? Q: What are the waysk comnptipgrgravezco'
ANS: The elements are'Nk1CIA ANS: The following area wayg committing grave coercion:
1. That the offender m Thre beiLtor4Wrong; 1. By Preventing4nptlir by means of violence, threats or intimidation, from
2. That the wrong does __o co tileAcrinigr doing something.nOr Pi-ohibited by law (preventive); or
3. That there is a Demand for money or that other condition is imposed even 2. By Compelling another, by means of violence, threats or intimidation, to do
though not unlawful; and something against his will, whether it be right or wrong (compulsive) (REYES,
4. That the offender has Attained his purpose or, that he has not attained his Book Two, supra at 654).
purpose (REYES, Book Two, supra at 648).
Note: Blackmailing may be punished under Art. 283 (Id.). Q: Distinguish coercion from threat.
ANS: In coercion, the threatened harm or wrong is immediate and direct while in threat,
Bond for Good Behavior it is future and conditional. Coercion may not be done by means of an intermediary or in
Q: When is a person required to give a bond? writing while threat may be done through such. As to who may be intimidated, in
ANS: A person may be required to give a bond on the following instances: coercion, it is done personally while threat is directed against the victim or his family
1. When he threatens another under the circumstances mentioned in Art. 282; or (BOADO Notes and Cases on the Revised Penal Code (2018), p. 819).
2. When he threatens another under the circumstances mentioned in Art. 283
(REYES, Book Two, supra at 650). Q: What are the elements of grave coercion?
ANS: The elements are: (PreComVA)
1. That a person Prevented another from doing something not prohibited by law
(preventive), or that he Compelled him to do something against his will, be it
right or wrong (compulsive);
2. That the prevention or compulsion be effected by Violence, threats or
intimidation; and
340 341
 3. That the person that restrained the will and liberty of another had not the Q: How is unjust vexation distinguished from light coercion?
Authority of law or the right to do so, or, in other words, that the restraint shall ANS: They may be distinguished in the following manner:
not be made under authority of law or in the exercise of any lawful right
(Timoner v. People, G.R. No. L-62050, November 25, 1983). Unjust Vexation Light Coercion
Note: Coercion is consummated even if the offended party did not accede to the (RPC, Art. 287, par. 2) • (RPC, Art. 287, par. 1)
purpose of the coercion (REYES, Book Two, supra at 662).
As to the presence of violence
Q: When will a higher penalty be imposed?
ANS: There will be a higher penalty imposed: There is no violence or intimidation. Requires violence or intimidation.
1. If the coercion is committed in violation of the exercise of the right of Suffrage;
2. If the coercion is committed to compel another to perform any Religious act; or As to the relationship of the parties .
3. If the coercion is committed to prevent another from performing a Religious act
(Art 286, par. 2). The offender need not be the The offender must be the creditor of the
creditor of the victim. victim.
Q: Distinguish grave coercion (Art. 286) from unjust vexation (Art. 287, par. 2).
As to the acts included
ANS: If the second element of grave coerci which is the use of violence upon the
orpellingfi(mT fax.do something against his will is
offended party in preventingi
lacking, the crime committee by , e accljod liup'der unjust vexation (REYES, Book Jlimited to seizing of property of the debtor
L.,,,tce apply to his debt
Two, supra at 667). rtaA.
(REYES, Book Two, supra at 667,:AMbR7O7 Bnk .7:wo, supra at 315-316).
Q: What is com 40,an<ccusetriilliChrfinarigkkbis pro arty in the hands of
another, procee, sifpgh eat the effdricledzkparty ore(rAta compel the latter to OtherSinglarCoercions
It A A
coercionV
return his prorty/Nil
ANS: The ac tc
sed cormitte the crime for einpelling the offended Q: What are the punishable acts amter similar coercion-et
party, by means elms th eat or intimidation,, to do eomethiquganin,st the latter's will, ANS: The following arei,p0hable astealpther similar coplcion:
whether it be fidfit-o wrong. Wireifthe mpfallignt 1. Forcing or corripiling;drectly o0pdirectly, or knowingly
the forcing
lung hirrilbrmpans of violence to or cornadliiiig Wthe, laborer rcji employee of the offender to purchase
give up the pOssesqlon, eve by the irrEgy veicoeran (U.S v. Mena, mer#nclisepummoditide-,of any kind from him; and
G.R. No. L-481 Qctiber
, 2. PaAggl3the wag,Oue qislaboreqr employee:.by4
'‘r Te‘§, „Oktokens or objects
otheiAlhan the" tender currency of thgf*tepAing,3iinless expressly
Light Coercion request0Ar_ltaftlaborer or employee (REYES, Book Two, supra at 668).
Note: However, Sketioriq,Rule BoOlpl of the Omnibus Rules Implementing the
Q: What are the elementIp b t so rcion Labor Code, use ofktokens,yjiromissory rtiRt9kvoychers, coupons, or any other form
ANS: The element re: (Cre Ay) .FNIA.N
1
e-a Gre'dit alleged to represent IlegalYtender is abokitely:77prohibited even when expressly
1. That the offe requested by the employee. laSt
2. That he seizes autliin4b.elongtpg roc,9
3. That the geizurenQieithing pli ed by means of violence or a
Q: What are the elemerit§i9f 4rt:288(1)?
display of material force'proetz,bgArnidation; and
That the purpose of the offender is to apply the same to the payment of the ANS: The elements are: (bLP)4'
4. 1. That the offender is any person, agent or Officer of any association or
debt (REYES, Book Two, supra at 665-666). corporation;
2. That the offender or such firm or corporation has employed Laborers or
Q: Is actual physical violence necessary?
employees; and
ANS: No. Actual physical violence need not be employed. It is sufficient that the attitude
3. That he forces or compels, directly or indirectly, or knowingly permits to be
of the offender in seizing the property of his debtor is notoriously menacing as to amount
to grave intimidation, or create such a situation that necessarily would intimidate the forced or compelled, any of his or its laborers or employees to Purchase
merchandise or commodities of any kind from him or from said firm or
victim (REYES, Book Two, supra at 666-667). corporation (REYES, Book Two, supra at 669).
Unjust Vexation Q: What are the elements of Art. 288(2)?
Q: When is unjust vexation committed? ANS: The elements are: (TON)
ANS: In determining whether the crime of unjust vexation is committed, the offender's 1. That the offender pays the wages due a laborer or employee employed by him
act must have caused annoyance, irritation, vexation, torment, distress or disturbance to by means of Tokens or objects;
the mind of the person to whom it is directed. The term is broad enough to include any 2. That those tokens or objects are Other than the legal tender currency of the
human conduct which, although not productive of some physical or mental harm, would Philippines; and
unjustly annoy or irritate an innocent person (Ba/eros Jr. v. People, G.R. No. 138033, 3. That such employee or laborer does Not expressly request that he be paid by
January 30, 2007). means of tokens or objects (Id.).

342 343
Formation Maintenance, and Prohibition of Combination of Capital or Labor I. CRIMES AGAINST PROPERTY(RPC, Arts. 293-33E)
through Violence or Threats Under the Revised Penal Code
Q: What are the elements of formation, maintenance, and prohibition of
Q: What are the crimes against property?
combination of capital or labor through violence or threats? ANS: The crimes against property are:
ANS: The elements are: (ViCoLo) 1. Robbery with Violence Against or Intimidation of Persons (Art. 294);
1. That the offender employs Violence or threats, in such a degree as to compel 2. Attempted and Frustrated Robbery Committed Under Certain Circumstances
or force the laborers or employers in the free and legal exercise of their
(M. 297);
industry or work; and 3. Execution of Deeds by Means of Violence or Intimidation (Art. 298);
2. That the purpose is to organize, maintain or prevent Coalitions of capital or 4. Robbery in an Inhabited House or Public Building or Edifice Devoted to
labor, strike of laborers or Lockout of employers (REYES, Book Two, supra at Worship (Art. 299);
670). 5. Robbery in an Uninhabited Place or in a Private Building (Art. 302);
Note: The coercions punishable under Art. 289 are also punishable under the 6. Possession of Picklocks or Similar Tools (Art. 304);
Labor Code as unfair labor practices. It is opined that Art. 289 has therefore
7. Brigandage (Art. 306);
been superseded if not repealed by the Labor Code. 8. Aiding and Abetting a Brand of Brigands (Art. 307);
9. Theft (Art. 308);
Chapter Three. Discovery and ReveleifINMeSecrets ri-^tP
10. Qualified Theft (Art. 310);A A00i
Discovering Secrets through of Correspon_dence 11. Theft of the Property of tpaNat0A1 Library and National Museum (Art. 311);
through seizure of 12. Occupation of Real PropertylOr;psurpation of Real Rights in Property (Art.
Q: What are the ele e ts f'dradVeri gI` sec re
312); et
correspondence?
13. Altering Boundaries ori„andrharkqi(Ap`F:3M);
ANS: The elements are: (SDI)". - 5r- 9`
.
c officer not in the 14. Fraudulent Insolvencw(Aaigkr"2.UZIP
1. That thC'e r a En9te chap' or even t, A
15. Swindling (Art. 315)?
exercise of hi offici1 function; t.,
16. Other Formsat Swindling (41U31.6);
2. That gt4elzgs the rlap.ers_aLle**Lanoi 4 ,
Note Thd'w rd "seize" Bags tdliiill:pjacti"
,„
the contro Osofrieone a thing or to 17. Swindling a MJnpriArt. 317)P-
18. Other Decei,W(A11418f;
give im posse sion qrect, 1.c) notiecessa. thlt in the act, there
shou ce jence (RE,YOgeijok T fi. a ts I p Ar643 . 19. Rem?01,1Sgle oriPredge of Mort ged Propertyl(Art. 319);
3. That he p os 4.,.T o1 Dis ecrets.cif;s • eh o , r person; and 20. Destructive Arson (Ad. 320)
4. That der 0 me ted 5theAntegti p;f: e pd ers,pFletters seized. 21. OthWECirmpArsun (11 ‘,rt.
: _ 321);
Note: The offense -is wane- ;:tf, e o:ffe degi . '1 dlp-{he cententsjof such paper or 22. ArArof Propeg4f SmMalue(4rf. 323);
letters of another to a tWrd IA so 90, .-2 Prej dice to he victim is not an 23. CrimesyygltgftstruClio;t)
It (A k324);
element of the offa se (R ES, o ,..TO upr at/674) 24. Burning OpesTroperty asiMeant Commit Arson (Art. 325);
25. Setting Fire,tceropWrty Exclusive/. riepl by the Offender (Art. 326);
CIEN-1 1 26. Malicious Mischj,95(kt. 327); 1,0•'
Revealing Secrets with Abus oA0 ice
N•s .Vri.7 . 27. Special Caseglif Malicio&Mgehief2(k&-'32
Q: What are the elements4. iv/gating -se re Avg.' ibis of office?
1Iii 28. Damage and pbstrucA6aito Means of Communication (Art. 330); and
ANS: The elements are: (MESLeV I ,,,,t,‘„,:o° 29. Destroying or D'''magirig Statues, Public Monuments or Paintings (Art. 331).
1. That the offender is a MaffgerrEmployee, or Servant;
2. That he Learns the secrets of his principal or master in such capacity; and Chapter One
3. That he Reveals such secrets (REYES, Book Two, supra at 675).
Note: Damage is not an essential element of the offense (Id.). Q: What is robbery?
ANS: Robbery is the taking of personal property belonging to another, with intent to
Revelation of Industrial Secrets gain, by means of violence against, or intimidation of any person, or using force upon
anything (REYES, Book Two, supra at 680).
Q: What are the elements of revelation of industrial secrets?
ANS: The elements are: (CESP) Q: How is robbery classified under the RPC?
1. That the offender is a person in Charge, employee or workman of a ANS: Robbery is classified into two, to wit:
manufacturing or industrial establishment; 1. Robbery with violence against or intimidation of persons (Arts. 294, 297 and
2. That the manufacturing/industrial Establishment has a secret of the industry 298); and
which the offender has learned; 2. Robbery by use of force upon things (Arts. 299 and 302).
3. That the offender revealed such Secrets; and
4. That Prejudice is caused to the owner (REYES, Book Two, supra at 676).
Note: It may be committed even after the workman or employee had ceased to be
connected with the establishment (Id.).

344 345
 Section One. Robbery with Violence Against or Intimidation of Persons
Q: What are the elements of robbery in general?
ANS: The elements of robbery in general are: (PUTI-VF) Robbery with Violence against or Intimidation of Persons
1. That there be Personal property (bienes muebles) belonging to another; Q: What are the acts punishable as robbery with violence against or intimidation
of that properly;
2. That there is Unlawful Taking (apoderamiento or asportacion) against persons?
3. That the taking must be with Intent to gain (animus lucrandi); and
ANS: The acts punishable under this Art. are: (HRIP-UNNos)
4. That there is Violence against, or intimidation of, any person or Force used 1. When by reason or on occasion of the robbery, the crime of Homicide is
upon things (REYES, Book Two, supra at 680).
committed;
Q: When is unlawful taking deemed complete in robbery? 2. When the robbery is accompanied by Rape or intentional mutilation or arson;
ANS: It depends. 3. When by reason or on occasion of such robbery any of the Physical injuries
resulting in insanity, imbecility, impotency or blindness is inflicted (subdivision
1. As to robbery with violence against or intimidation of persons, the taking is 1 of Art. 263);
complete from the moment the offender gains possession of the thing, even if
the culprit has no opportunity to dispose of the same; 4. When by reason or on occasion of robbery, any of the physical injuries
penalized in subdivision 2 of Art. 263 is Inflicted, such as;
2. As to robbery with force upon things, the taking is complete when thing is a. Loses the use of speech or the power to hear or to smell, or loses an
taken out of the building to consummate the crime (REYES, Book Two, supra
eye, a hand, a foot, an e . pli, or a leg;
at 683-684).
b. Loses the use of atlyAqdhimember; or
T T h i . e crime of robbery? c. Becomes incapacitA04,01he work in which he was therefore
Q: Is naming the real oweper ofitjte prozeytytesw eq:tialltinkth
ANS: No. If the acculdi%proper ctited.for-robbev„with Intim ation or violence resulting habitually engageAinlftquence of the physical injuries inflicted;
only in physical injur es;s9rIcr/j,ob'bery by the use cifQfarde upbn hings, the name of the 5. If the violence or intimidgyobttlpit*ed in the commission of the robbery is
real owner is not es eritiabollongas•the ,
personal-p o -erty`teke tIoes not belong to the carried to a degree clearjy UtIttcSegOarOos,the commission of the crime;
...-
accused. However he-y.,4,
.
crime charged is:robbery with hornjci N de"'""
iq view of the capital 6. When, in the course Offs eio;otpiitid2tiiffOpOR.,,All have inflicted upon any
ill\ 's (
punishment attqche o he crime, crime,it if"
is .essential. If t e robbery was not proven, the person Not respwible for thp'cornmission of robbiny,physical injuries in
accused will oyly be convicted of homidice, (People Bab dyg- WG.R. No. 103497, consequencerOich the per,so11:
\-0, a. Becomes F,i'eformeq; .,
February 23, 19 —poyS.,-,4

- ,- b. Losesfitiytotheornemberki
.. 4=5''' p.,, tc - -
• his body;
Q: Distinguish the.employment ofi vio lence r\against or intinmdatioli of person from c. Loses therise thereof; ?I'
-,„
..._ _ d. Becomes ill or incapacjta e for the perform
usetof force urattings-r1 rti.,
ance oft,the work in which
ANS: They ma beidisting , csi;,c 6,‘ heyr.,4habituallysengagectlfor for more than 90 days• cit. ,'‘V
. 1
( If )‘ Becomesillsw incapacitated for labor forirhatelfeh40'da (bu t
Ysmust
. •Kr--4,,,.,.
:.rolb6L'itrAithanrOcil:ciays)As a result ot thephystcal injuries inflicted.
Violence Against or Intimidation Force Upon Thinds
of Persons •• 7. If the viol.eficelemaCyed bOthe offender does Not cause any of the Serious
physical injuries defiled in 2g3mor_if4he offender employs Intimidation only
(simple robbeiy),(BBiES,T*fibphrat 691-692).
The taking of persona
/'
operty— a-le'rnusrk sused to either enter the 4r- , , e,..,,,,- — • :21.a.stAts;:;-fdayra
,,,,..0
belonging to anothe is alwaysi\ 9,Dreak doors, wardrobes, Q: Can the presence;ft, f' treachery qualify the crime of robbery with homicide into
robbery. che_sfescY any other kind of locked or robbery with murder?'
sealed furniture or receptacle inside the ANS: No. The crime chargethisAhe special complex crime of robbery with homicide. The
building or to force open them outside treachery which attended the commission of the crime must be considered not as
after taking the same from the building. qualifying but merely as a generic aggravating circumstance (People v. Manta war, G.R.
No. L-1248, April 30, 1948).
As to the value:0 the property taken • ' ." Note: The term "homicide" as used in paragraph No. 1 of Art. 294, is to be understood
in its generic sense as to include parricide and murder (People v. Concepcion, G.R. No.
Value of property taken is immaterial. The penalty in robbery with force upon 200922, July 18, 2012).
things committed in an inhabited house,
The penalty depends on the result of public building, or edifice devoted to
Q: When is homicide said to have been committed by reason of or on the
the violence used and on the existence religious worship is based on value of the occasion of robbery?
of intimidation only. property taken and on whether or not the ANS: If it is committed:
offenders carry arms. 1. To facilitate the robbery or the escape of the culprit
In robbery with force upon things 2. To preserve the possession by the culprit of the loot
committed in an uninhabited building, the 3. To prevent discovery of the commission of the robbery
penalty is based on the value of the 4. To eliminate witness to the commission of the crime (People v. De Jesus, G.R.
property taken. No. 134815, May 27, 2004).

(REYES, Book Two, supra at 688-689; AMURAO, Book Two, supra at 315-316)

346 347
Q: While robbing a house, the accused fired his weapon into the ceiling to Q: How is robbery with violence distinguished from grave coercion?
intimidate the participants. If the gunshot kills the neighbor in the upper floor, will ANS: They may be distinguished in the following manner:
he be liable for the special complex crime of robbery with homicide?
ANS: Yes. In order to determine the existence of the crime of robbery with homicide, it • Robbery with Violence • I . Grave Coercion
is enough that a homicide resulted by reason of or on occasion of the robbery (REYES, As to intent to gain
Book Two, .supra at 699).
There is intent to gain. No intent to gain.
Q: Can there be a crime of robbery with attempted rape?
ANS: No. Robbery cannot be a necessary means to commit attempted rape; nor As to the when violenCe is employed •
attempted rape to commit robbery. Both crimes cannot be the result of a single act Violence may be employed before Violence is employed before the act that
(REYES, Book Two, supra at 703). and after the taking. the victim was compelled to do was done.
Q: What are the rules governing the crimes of robbery, homicide, and rape, if Note: In both crimes, there is violence used by the offender (Id.).
committed in a single instance?
ANS: The rules are: Robbery with Physical Injuries. Committed in an Uninhabited Place and bya Band,
1. If the victim is robbedjign...raped,_ then killed, the crime is Robbery with or with the Use of Firearm on a Street,Rbad orAiley
Homicide. Rape is consideredm rely, arespecial aggravating circumstance , 411'''')I.
(People v. TimplegR Ne. 100.3 1- Seliter?er 26, 1994). Q: When is robbery with viole,ricezc4gamst or intimidation of persons qualified
2. If the victimisofa edt t ev,obbedA , klileci, tfiNme is still Robbery with
under Art. 295 of the RPC? olocA
ANS: The crime is qualified if it is:Cdrptitt0t(U-BAE-F)
Homicide 9s'fshe .a:pStill alive when t a2=rpbbery as committed. Homicide
i rpriority irNNef°,29 NOADO, Notes and 1. In an Uninhabited place *e,s-ppi4o/o)• • ,•.
takes precedetve,Arnihe,-orderf
2. By a Band (en cuadrilley Fl?..4 „,_
Cases 5e4e19C, supra 05852)cs ,7.•
3. By Attacking a moving train, streetcar, motot'vetiiClel.or airship;
3. If the qhminal`b raped'
e
then killeOthetv4ctim, t en roh ed tile place with force
4. By Entering Opassengers'impartments in a trakor in any manner taking
upon thins, the crirpes are: (a)crle i with Ho icideNrfb)Tobbery (Id.)
ffilnli iTille
raped7ther ; i hWitook e yid 's elortgings, the crimes the passengers bwsurprise'iiiittieir respective conveyances; or
4. If the
( cti
are: ;afRape with 1-I, onifdia41 0:01h-eft, p the 9rce 9 ployed upon the 5. On a street, NadtighwaV,or alley, and the intiMictatiOn is made with use of
Firearms,.(REYFSAo2k Two, sti:ka at 713-7141
victi hadoi 4o bearing in tti4ledl eyaking (F' ople v. Flores G.R. No. 71980, ‘
,Q..,..!.,,4i," J' Note.' Art. 295-6,
does not ai3PIY.Ibrobbely with homicide, e.ape,ptentjonal mutilation, and
March'fd4 91 . ,C., . , . I,f4-1
•7 k.......1 serious phy41,Cayinjune:s4resulting in insanity, irnbeplity impotency or blindness,
fE47----1;:t 1"-7 0 % I (BOADO, Nota.s anareasesfOn tlg","RifC, sup a at 856)W. '
Q: How is robbery through in "datton istin:g from threats to extort
( s2 ..,.. -'-• , - qz.. - ,.
money? Definition of a BandandPenaltylneurredby the Members Thereof
ANS: They may btdistin e tO, ''''' ' '1. r •v•i
Q: Discuss the rules governing robbery by„.aJaand under Art. 296 of the RPC.
Robbery Through Intimida ticin Thieats.tb ' o
ANS: The rules are the following:
As to intimidation' ' . ' When at least four rour armedrrr
riblefectorsi4ake,',-part in the commission of a
robbery, it is qtemedibpimitted by a band;
4 II. 2. When any of thelagaS, used in the commission of robbery is not licensed, the
The intimidation is actUaldt -TF-40 e timidation is conditional or future.
immediate. The intimidation is The intimidation may be through an penalty upon all‘hrialefactors shall be the maximum of the corresponding
personal. intermediary. penalty provided by law without prejudice to the criminal liability for illegal
possession of firearms; and
As to the reference of the iritimidatiow. 3. Any member of a band who was present at the commission of a robbery by the
band, shall be punished as principal of any assaults committed by the band,
The intimidation is directed only to the The intimidation may refer to the person, unless it be shown that he attempted to prevent the same (REYES, Book Two,
person of the victim. honor or property of the offended party or supra at 715-716).
that of his family.
Q: What are the requisites for liability of a member of a band for the acts of other
As to the gain , members?
ANS: The requisites are: (MPANo)
The gain of the culprit is not immediate. OE 1. He was a Member of the band;
The gain of the culprit is immediate.
2. He was Present at the commission of a robbery by that band;
I !' 3. The other members of that band committed an Assault; and
(REYES, Book Two, supra at 711). , 4. He did Not attempt to prevent the assault (REYES, Book Two, supra at 716).
6rNote: There must be proof that he made an endeavor to prevent the assault committed
j.ni4y) another member of the band in order that he may not be held liable for assault
'(People v. Mendoza, G.R. No. L-1797, June 30, 1949).

348 349
Attempted and Frustrated Robbery Committed Under Certain Circumstances Q: What is an inhabited house?
ANS: An inhabited house is any shelter, ship, or vessel constituting the dwelling of one
Q: What are the rules when physical injuries were inflicted in the occasion of an
or more persons even though the inhabitants thereof are temporarily absent therefrom
attempted or frustrated robbery? when the robbery is committed (RPC, Art. 301).
ANS: If physical injuries were inflicted on the victim, but no intent to kill was proven and
the victim did not die, the liability of the offender may be as follows: Q: What is a public building?
1. If the physical injuries were by reason of the attempted or frustrated robbery as ANS: Public building is every building owned by the Government or belonging to a
the means for the commission of the latter, the injuries are absorbed by the
private person but used or rented by the Government, although temporarily unoccupied
latter and the crime shall only be attempted or frustrated robbery; by the same (RPC, Art. 301).
2. If the physical injuries were inflicted only on the occasion of the aborted
robbery but not employed as a means of committing the latter, these will be Q: What are false keys?
separate crimes of attempted or frustrated robbery and physical injuries; or ANS: False keys are genuine keys stolen from the owner or any keys other than those
3. If both killing and physical injuries were committed on that occasion, the crime intended by the owner for the use in the lock forcibly opened by the offender (RPC, Art.
will be penalized In accordance with Art. 297 but the physical injuries will be 305). It also includes picklocks and other similar tools under Art. 304
(REYES, Book
absorbed (REYES, Book Two, supra at 724-726). Two, supra at 733).

Execution of Deeds by Means ofilioleircro?Intimidation Q: What are the elements of -robberf-Un er Art. 299 (b).:of the RPC?
il I ts. .. ANS: The elements are: (IG) .eY
Q: What are the elem n s of exect!!pn o deeds y means of violence or
I 1. The offender is Inside vor oigolouse, public building or edifice devoted to
intimidation?
ANS: The elements arei• (Inc,o .) religious worship, regar_olbs
cl t,;b.f:fh. ;ir777tance;4nder which he entered it;
and
1. That the flet er,p,afintent-totraud.atiotherk
-'4)execipeko deliver any public 2. The offender takes pb,rsonaliptoOriYLbelorigingplanother with intent to Gain
2. That theLbj-Vder Compelshi - tos„sign,
instru ant owl,ocurrient; art A \k, r under any of the,follOWing circumstances ( B T ) ,;;;
;
Note: he adjective "public" rnOt, therefore describe ,,tRp word "instrument" a. By thVilreaking of trAi:ri61 doors, wardrobes6chests, or any other kind
only. et this kr-appIrds-70,v-6rrif-the rocumehr s' ed, executed or of seared furniture Vrecepacle, or •
delivered-is fa priv* of-.41nrobictOltictimept. Furill rmort Art. 298 is not b. By ToingAsych furniture q,r objects awayito be broken or forced open
c
appli0b19,1ftthe docitmentils-0,00.LES, Book Two t 726). outside theq'31ace of the4yobbery (REYES, Book: Two, supra at 734-
i. -
3. That liVeg pul I by mediWb.PViolenc olD - ij imication( d.) 4TP7 35) .
1 le CR; c;\ kirA
Q: What is ttie effect-:Drobberti with }force uptfith!ng'kikSgmmitted in an
se of Force-upon Thing
Section Two. RobDry by he,
uninhabited-place neti*bandny
Q: What are the o kinds of SiibZ TWith upon th"ngs? ANS: The crime of, `rOtitrerqii? qualified therefore the maximum penalty shall be
ANS: They are: imposed. Under Ari*.t30.0, robbery with fork,mpbrAhings is qualified when committed in
1. Robbery i an inha uild'ng or edif ce devoted to religious and uninhabited place%raclAfb-V a band, *itiOtirAisyib,c1 ppm robbery with violence or
worship (RISC,A112(9,);L-an,„„, intimidation of persons, which cantbeWitialifieiPlatlietS4rile is done in an uninhabited
1habitel place o rn a,0bui ding (RPC, Art. 302).
2. Robbery in aniink.,_ place or by a band (REYES, Bo6k4Two, supra at 738; RPC, Art. 295).
t./ 4'4
Robbery in_an Inhabited HotopP_ubl c17dingdfEclifice Devoted to Worship Q: What are dependencies?
Q: What are the elements of robbery under Art. 299 (a) of the RPC? ANS: Dependencies of an inhabited house, public building or building dedicated to
ANS: The elements are: (E[IPE]-E[OBFN]-I) religious worship include all interior courts, corrals, warehouses, granaries or enclosed
1. The offender Entered: (IPE) places contiguous to the building or edifice, having an interior entrance connected
a. An Inhabited house; therewith, and which form part of the whole (RPC, Art. 301)..
b. A Public building; or
c. An Edifice devoted to religious worship; Robbery in an Uninhabited Place or in a Private Building
2. The entrance was Effected by any of the following means: (OBFN) Q: What are the elements of Robbery in an Uninhabited Place or in a Private
a. Through an Opening not intended for entrance or egress; Building?
b. By Breaking any wall, roof, floor, door, or window; ANS: The elements are: (EO-BUB-RT)
c. By using False keys, picklocks or similar tools; or 1. That the offender Entered an uninhabited place or a building which was not a
d. By using any fictitious Name or pretending the exercise of public dwelling house, not a public building, or not an edifice devoted to religious
authority; and worship;
3. That once inside the building, the offender took personal property belonging to 2. That any of the following circumstances was present:
another with Intent to gain (REYES, Book Two, supra at 729). a. The entrance was effected through an Opening not intended for
Note: The whole body of culprit must be inside the building to constitute entering. If the entrance or egress;
offender merely inserted his hand through an opening, the crime committed is theft, not b. A wall, roof, floor, or outside door or window was Broken;
robbery (REYES, Book Two, supra at 732).

350 351
 c. The entrance was effected through the Use of false keys, picklocks or 3. The Victim was not predetermined. The robbery must be directed not only
other similar tools; against specific, intended or perceived victims, but against any and all
d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle prospective victims.
was Broken; or Note: Any person who aids or protects highway robbers or abets the commission of
e. A closed or sealed receptacle was Removed, even if the same be highway robbery or brigandage shall be considered as an accomplice (P.D. 532, Sec.
broken or opened elsewhere; and 4).
3. That with intent to gain, the offender Took therefrom personal property
belonging to another (REYES, Book Two, supra at 741-742). Brigandage
Q: What are the elements of brigandage under the RPC?
Q: What does the term "building" include under Art. 302 of the RPC? Can a pigsty ANS: The elements are: (FB-P)
be included within the meaning of buildings in Art. 302? 1. There be at least Four armed persons;
ANS: The term "building" includes any kind of structure used for storage or safekeeping 2. They formed a Band of robbers; and
of personal property, such as (a) freight car and (b) warehouse (U.S. v. Magsino, G.R. 3. The Purpose is any of the following: (CKiA)
No. 1339, November 28, 1903). A pigsty is not a building within the meaning of Art. 302 a. To Commit robbery in a highway;
because the same refers to habitable buildings (REYES, Book Two, supra at 743). b. To Kidnap persons for the purpose of extortion or to obtain ransom; or
ninhabitecl Place or Private Building c. To Attain by means gerce or violence any other purpose (REYES,
Robbery of Cereals. Fruits. or Firefir
.-"'". h. -,::-A'4-. Book Two, supra at7j501751).
Q: Discuss the rule. ivcasev.of rok ryPicereals, fruits, or firewood in an 4%
uninhabited place or plVaTe4 elilaing. -/ 1,,,' Q: Distinguish brigandage fromzobbe band.
ANS: The rules are:,C,, ANS: The following are the distinCfiorfgr
1. Penalty orreccfegrefrlovvervkTritereals or firewood are taken in
robbery erfqrce'ug,on thi9zs; I: 'Brigandage Robbery in Band
2. If Art. 03'is' tte tied byiviolenceeegains or l' tirtIption --N t). of persons the As to purpose.
offender sh9 d be punished uride-N rt 294 — obbe uth violence against or Wtr
intimf *...n of persons 4 Manahan, .R. Ng.;-.4,Z899, September 30, The purpose Is to commit' robbery,in the The purposef to„ commit robbery, not
1942 1,1 47- highway, or to kfrilr!hp persons `for th0 necessarilyn the highway.
Isn,.;___Lt _A-)521 purpose of extortion`or to,$Obtain ransorp0
404 1 or for any ouldrjourpose to attained 40 I
Possession ofPicklocks oi‘""..-57mi7ar Tog-s\l'
tratools? means of foke,'end Violence
1t, telex ents
Q: What are the dents Issesti
D jiojcklocKS- " • P,iPM411,krit:11, ,
.
ANS: The elemin s aret(PANot As to agreement'
1. That th‘offender has nis,pfass ISO( cks pr similar tools;
2. That such picklo'c'ks or si ilk tools are specially Adopted, o the commission of The agreement islo commit,‘several The agreement is to commit a
robbery; arid robberies. particular robbery.
3 1 hoi VI, • l'
•
Ai • • - it un s e
Book Two, swim )., / -,
----t
tk A, V.V
at518"../
N,,Z• ,4%7
The mere formation of bandifor any of It is necessary to prove that the band
Chapter Two. Brigandage (as modiqe#1,..... 532 or the Anti-Piracy and Anti- .4 - t.•
the aforementioned purposmis sufficient actually committed robbery, as mere
Highway Robbes y Law of1974) to impute criminal liability. conspiracy to commit robbery is not
Q: What is Highway Robbery? punishable.
ANS: It is the seizure of any person for ransom, extortion or other unlawful purposes, or
the taking away of the property of another by means of violence against or intimidation Note: Both crimes require that the offenders form a band of robbers (REYES, Book
of person or force upon things or other unlawful means, committed by any person on Two, supra at 753).
any Philippine Highway (P.D. 532, Sec. 2(e)).
Aiding or Abettinga Band of Brigands
Q: What are included in "Philippine Highways"? • Q: What are the elements of the crime of aiding or abetting a band of brigands?
ANS: It shall include any road, street, passage, highway and bridges or other parts ANS: The elements are: (BOK)
thereof, or railway or railroad within the Philippines used by persons, or vehicles, or 1. That there is a Band of brigands;
locomotives or trains for the movement or circulation of persons or transportation of 2. That the offender Knows the band to be of brigands; and
goods, articles or property or both (P.D. 532, Sec. 2(c)). 3. That the Offender does any of the following acts: (AIR)
a. That he Aids, abets, or protects such band of brigands;
Q: What are the elements of highway robbery? b. That he gives them Information on the movements of the police or
ANS: The elements are: (HIV) other peace officers of the government; or
1. The robbery should take place along the Philippine Highway; c. That he acquires or Receives property taken by such brigands
2. The act of robbery must be Indiscriminate. It should not be an isolated case; (REYES, Book Two, supra at 754).
and

352 353
Chapter Three. Theft Q: X picked the pocket of Y and, having taken the wallet of Y, X walked away. Y
Theft felt his wallet was gone and after seeing X a few meters from him, confronted the
latter. X threatened Y with bodily harm, boxed the latter and ran away. Is the crime
Q: What are the ways or modes by which theft can be committed? theft or robbery?
ANS: The following are the ways or modes: ANS: The crime is theft. The taking of the wallet of Y by X was already complete when
1. It is committed by any person who, with intent to gain but without violence or X used violence and intimidation against Y (REYES, Book Two, supra at 770).
intimidation of persons nor force upon things, shall take the personal property Note: However, when the violence used resulted in homicide, rape, intentional
of another without the latter's consent. mutilation, or serious physical injuries (RPC, Art. 263, pars. 1 and 2), the crime is
2. Theft is likewise committed by: robbery complexed with one of such crimes even if the taking of the personal property
a. Any person who, having found lost property, shall fail to deliver the was already complete when the violence was employed (REYES, Book Two, supra at
same to the local authorities or to its owner; 770).
b. Any person who, after having maliciously damaged the property of
another, shall remove or make use of the fruits or object of the damage Qualified Theft
caused by him; or Q: When is there qualified theft?
c. Any person who shall enter an enclosed estate or a field where ANS: There is qualified theft in the following instances: (DoG-CoFi-CaP)
trespass is forbidde r 'ch belongs to another and without the 1. If theft is committed by a DoTes,fic servant;
consent of its .w er; spallrhunt grfist upon the same or shall gather 2. If committed with Grave a)wseroticonfidence;
fruits, cer rather
o fttr5st2r dr Vrducts (RPC, Art. 308). 3. If the Property stolen is ate?:
ee
a. Motor vehicle;
Q: What are the elerents o Note: Unlawful ttkipmfkyphicle which is motorized or propelled by
ANS: The element/A. ji6 power other than ri-31.1501914:3197wesr,(R.A.&0883, Sec. 2(e)) is now
1. That thwtb,e..T ng of per naropie i - covered by Oe'Arai4eirkciaOpitif t'ilaWtiffiOn10883) and not by the
2. That sgrid'rfoiirty belongs A thers, provisiov.sAn qualified- theft or robbery ("ES, Book Two, supra at
3. That tpe taking be dfre with !ROO:to gain; 789).
4. That 4,k1 g be done-Wit 'tjtile'airrstrnto ned b. Mail matter;, or
5. That the-44 ing b4 Ade° pitshld,--ktbObt he use brcioilence against or C. LarOlOattie
intim dates f persovs or rpe.;1(.0:4things ( Igdalin v. People, G.R. 4. lflatht;
p iprb;petstolen
pn consists Coconutstitakep from the premises of
No. 303,3, Jul V018).
r (.1 of another required for
5. If thefeipertytWlen is taken from Fishpond*f shery, and„
Q: Is taking a ay or car 6. If property is taken on;rt* occasion of fird1444§90eiatyphoon, volcanic
the consummat'on of tlaeft eruptioti,914 any 'other dila*, vehicular accident Or civil disturbance
ANS: No. It is no an indis ensql ecupdf at ,ffie thiefiarries, more or less (REYEs,''pbOieTwO%.supraiat 782)!
far away, the thing taken by 'm froMits-owhe Valenz ela v. People, G.R. No. 160188, •
June 21, 2007). Theft of Property of thaNcitiona L,ZaefilraZZuseum
Note: There is "taking kke4venAh offencler.recei from the offended party. Q: What is the rule n •1y r
although in the beginning, it cases pfltheft ortheloidperty of the National Library and
In such case, the Art. is de.em o have bee National Museum unde;r Art. Atli of the RPC?
was in fact given to, and receiVe by, the.Uffender1(8E.YES, Book Two, supra at 762). ANS: The provision haektktfyed penalty regardless of its value. But if the crime is
committed with grave abuse 'Of confidence, the penalty for qualified theft shall be
Q: Can electricity and gas be the objects of theft? imposed, because Art. 311 says "unless a higher penalty should be provided under the
ANS: Yes. Personal property as an element of theft includes electricity and gas because provisions of this Code" (REYES, Book Two, supra at 798-799).
they are valuable articles of merchandise bought and sold like other personal property
and is capable of appropriation by another (U.S. v. Carlos, G.R. No. 6295, September 1, Chapter Pour. Usurpation
1911). Occupation of RealProperty or Usurpation of Real Rights in Property
Cr. Is actual or real gain necessary in theft? Q: What are the. acts punishable under Art. 312 of the RPC?
ANS: No. It is not necessary because it is enough that at the time of taking, the offender ANS: The acts punishable under Art. 312 are:
was then actuated by the desire or intent to gain (People v. Mercado, G.R. Nos.45471 1. Taking possession of any real property belonging to another by means of
and 45472, June 15, 1938). violence against or intimidation of persons; and
2. Usurping any real rights in property belonging to another by means of violence
Q: What are the bases for the penalty of theft under Art. 309? against or intimidation of persons.
ANS: The bases of penalty in the crime of theft are: (SPC) Q: What are the elements of the crime of occupation of real property or
1. The value of the thing Stolen, and in some cases; usurpation of real rights in property under Art. 312?
2. The value and the nature of the Property taken, or ANS: The elements are: (PAVI)
3. The Circumstances or causes that impelled the culprit to commit the crime 1. That the offender takes Possession of any real property or usurps any real
(REYES, Book Two, supra at 779-780).
rights in property;

354 355
 2. That the real property or real rights belong to Another; b. The disturbance in Property rights; or
3. That Violence against or intimidation of persons is used by the offender in c. Temporary prejudice (Nagrampa v. People, G.R. No. 146211, August
occupying real property or usurping real property or usurping real right in 6, 2002).
property; and
4. That there is Intent to gain (REYES, Book Two, supra at 800-801). Q: What are the specific types of estafa?
ANS: The specific types of estafa are:
Altering Boundaries or Landmarks 1. Estafa with unfaithfulness or abuse of confidence (RPC, Art 315(1));
Q: What are the elements of altering boundaries or landmarks? 2. Estafa by means of deceit, which can be committed either:
ANS: The following are the elements: (BoA) a. By means of false pretense or fraudulent act (RPC, Art. 315(2)); or
1. That there be Boundary marks or monuments of towns, provinces, or estates, or b. Through fraudulent means (RPC, Art. 315(3)).
any other marks intended to designate the boundaries of the same; and
2. The offender Alters said boundary marks (REYES, Book Two, supra at 804). Q: What are the elements of estafa with unfaithfulness?
ANS: The elements are: (OAD)
Chapter Five. Culpable Insolvency 1. That the offender has an Onerous obligation to deliver something of value;
2. That he Alters its substance, quantity or quality; and
Fraudulent Insolvency 3. That Damage or prejudice capable of pecuniary estimation is caused to the
Q: What are the elements of raudulertt i solve9cy, offended party or third pez#Vii , PC, Art. 315(1)(a)).
ANS: The elements are: Note: It is estafa even if the obligalleir)iykbased on an immoral or illegal obligation.
1 i k'It:
1. That the offegde is cle.boqr,thatxis,, e has ob„ligatio s due and demandable; When there is no agreement as tgiteio,outsiof thing to be delivered, the delivery of the
2. That he abse"tonds his property; and P- thing not acceptable to the complqant ieKdtlestafa (REYES, Book Two, supra at 811).
3. That theribe'ej dice ta.hirdi" -erlitbilRE Two., supra at 805). ,, g•,, ,e,l-s; ....
. ir ' ,7'
- \ Q: What are the elements of,.e.Stal fa#014tac:Ofit'orScience?
Q: Will intentionprejudice credr rs,slirffige,to covstituteirt e crime of fraudulent ANS: The elements are: (D.MPD)
insolvency? .,,,,o ,-- fl-. '.
,--v- \(
ANS: No. Evil Vh; debtortlisposee-qtrhis-prope 1 unle it is shown that such
1. That money,fgpods, or othvep_ ergonal property be ceived by the offender in
trust, or on 64mrOssion, ..- or?fonaldministration, o icier any other obligation
6,"4
disposal has adtuqll prejilicdclzltiis,, creditor,, con lel no j lie. Fraudulent involving tl-ii
edUtiitopake make of, or to return, threskne;
concealment of propqrty is n9t sufcilitiPifAhNpreditor has soine.Other property with 2. That ther,the MisOppfppriation omonversion o grucilmoney or property by the
_. <5,
which to satis his4bIlg tio l(PeopletiftKtesiong erg,- N4. 38611h, September 15, offegder, or %liel on his pirWf such receipt c 'k\
1934). 3. Thattatikzisar roprieen or ForInversionzor,denial,js-.,to the Prejudice of
f..f)
• an:...,,----,:_ ,. the
.. ,

another; and •I :',.."4 - -,i, --,

Q: ;Is there a conflic w ,and Art. 314 penalizing 4. That there isTtreinand bade Wt.
fraudulent insolvency? Iii e offendedparty"e offender (RPC, Art.
'1%. 315, No.`' (b)). ''N.. por
ANS: No. The Insolvency n that tpe criminal act should Note: Thd,s fourth ) :qlement is . tr
,fiesess ry when thereevidence of
have been committed after , ?-oceedings. Under Art. 314, mi sappropriat Nthe goods, (People Go, G.R. No.
there is no requirement4harno ' ency.a9zedings were already had and it is not also 191015, Augtre46, 2014)'1.,4=t7'A"-
-C% ,
necessary that the offende is7 egred bankru tecimv'entIREYES, Book Two, supra
at 806). Vi r".{t
Q: Are checks includedt 1,h,Aword "money"?
ANS: Yes. Even if it is notlIggal tender, it is normally accepted as substitute for cash
Q: May real property be the subject of fraudulent insolvency?
(Galvez v. Court of Appeals., G.R. No. L-22760, November 29, 1971).
ANS: Yes. The word "abscond" does not require that the debtor should depart and
physically conceal his property. Hence, real property could be the subject matter of
Q: What is the meaning of juridical possession?
fraudulent insolvency (People v. Chong Chuy Limgobo, G.R. No. 20955, December 13, ANS: Juridical possession means a possession which gives the transferee a right over
1923). the thing which the transferee may set up even against the owner (REYES, Book Two,
supra at 814).
Chapter Six. Swindling and Other Deceits
(Estafa) Q: Is the phrase "or under any other obligation involving the duty to make
Q: What are the elements of estafa in general? delivery of, or to return the same," includes quasi-contracts and contracts of
bailment?
ANS: The elements are: (DeED)
1. That the accused Defrauded another by abuse of confidence, or by means of ANS: Yes. In contracts of bailment and quasi-contracts, the person having possession
deceit; of the thing has juridical possession of the property. Thus, failure to return or deliver the
same to the proper party can hold said person liable for estafa (U.S. v. Yap Tian Jong,
2. That the damage or prejudice capable of pecuniary Estimation is caused to the
offended party or third persons; (REYES, Book Two, supra at 809) and G.R. No. 10675, February 28, 1916).
Note: Art. 315, No. 1 (b) does not apply when the contract between the accused and the
3. That Damage or prejudice may consist of: (MoPT)
a. The offended party being deprived of his Money.or property as a result I_ complainant has the effect of transferring to the accused the ownership of the thing
received (REYES, Book Two, supra at 820).
of the defraudation;

MR) 351
Q: Define conversion and misappropriation? Q: What is constructive possession?
ANS: Conversion connotes the act of using or disposing of another's property as if it ANS: It is the relation between the owner of the thing and the thing itself when the
were one's own. It presupposes that the thing has been devoted to a purpose or use owner is not in the actual physical possession, but it is still under his control and
different from that agreed upon. Misappropriation means to own, to take something for management, and subject to his disposition (People v. Posada, G.R. No. 194445, March
one's own benefit (REYES, Book Two, supra at 825). 12, 2012).

Q: Distinguish estafa with abuse of confidence from theft. Q: What are the elements of estafa by taking undue advantage of the signature of
ANS: The following are the distinctions: the offended party in blank?
ANS: The elements are: (BOWL)
Esta6 with Abuse of COrifidence :Theft. 1. That the paper with the signature of the offended party be in Blank;
• As to the'act of the offender , • , 2. That the offended party should have delivered it to the Offender;
Note: If not delivered, it is falsification and not estafa (REYES, Book Two,
The offender receives the thing from The offender takes the thing without the supra at 842).
the offended party. owner's consent. 3. That above the signature of the offended party a document is Written by the
offender without authority to do so; and
As to the possession' , • . 4. That the document so written creates a Liability of, or causes damage to they J
offended party or any third peso (Art. 315 (1)(c)).
The offender acquires al,Whetjuridici Th, isff,decacquires only the material
possession of the itijng and the, - dbysical possession of the thing.
Q: What are the elements of estifaEWeieans of deceit (Art. 315(2) and (3))?
offender misappropptavt. ANS: The elements are: (F2InD)
1. That there must be FalsepretenSefregdulent act ef4Taudulent means;
(REYES, Book T t 8.37 2. That such false pretanee, a6t.!i::ir4lratYdill6itiltrp:gpAust be made or executed
Al
2A from malverotior
Q: Distinguish stafa'Vvith a use of confidence
prior to or simultaneously witlithe commission 61"Fraud;
3. That the offended party mugh wlyik
.„eti) relied on the falsepretense, fraudulent act,
ANS: The folio mgt the dirinctions: t or fraudulent*pris, thatiOlife ,.es Induced to part with his money or property
Estafa with Abuse of Confidence liflalkiefSailoti. • , because of14u4,1kntrribans; aritq
4. That as„atresultethereof, the offended party sufferer Dainage (REYES, Book
As to the obligatibp of the•offender • • .4 • ,;* —
Twols'vi;pra at843).
n 7fti
entigstOxiy kAroieftyc4 j
. l t. j•ri'9q
Q: What are the ways of committing estafa by4meanstiofiffalse pretense or
As to the nature of the offense: fraudulent act (Art. 315O? •
I ANS: They are:
So. riserld..a_s-co rDnkrig,,
offenses.
Art. 315(2)(a); (N130j
As to the subject matter a. By usitig49jfiCtitious Nami„
licAnds or property. b. By falsely PretepplThgVliciteess:=!
.
The funds or property areeprivntef
\k„ ••
As to the person of the offender. ii. InfluenCe;
iii. gagliffeetions;
Offender is a private individual or Offender is usually a public officer is iv. Property;
even a public officer who is not accountable for public funds or property. v. Credit;
accountable for public funds or vi. Agency; or
property. vii. Business or imaginary transactions; or
c. By means of other similar Deceits.
2. Art. 315(2)(b): By altering the quality, fineness or weight of anything pertaining
Malversation can be committed through to his business.
abandonment or negligence. 3. Art. 315(2)(c): By pretending to have bribed any government employee.
4. Art. 315(2)(d):
Elements: (OFu)
The crime is committed by The crime is committed by appropriating, a. That the offender postdated a check, OR issued a check in payment of
misappropriating, converting or taking, or misappropriating or consenting, an Obligation; and
denying having received money, or though abandonment or negligence, b. That such postdating or issuing a check was done when the offender
goods or other personal property. permitting any other person to take the had no Funds in the bank, or his funds deposited therein were not
public funds or property. sufficient to cover the amount of the check.
5. Art. 315(2)(e): Estafa by obtaining food or accommodation at a hotel, etc..
(REYES, Book Two, supra at 841).

358 359
Bouncing Checks Law (B.P. Big. 22) 3. Estafa by removing, concealing or destroying, in whole or in part, any court
Q: What are the punishable acts under B.P. Blg. 22? record, office files, documents or any other papers (Art. 315, 3(c))
Elements: (CoReD)
ANS: The punishable acts are:
1. Making or drawing and issuing a check knowing at the time of issue that he a. That there be Court record, office files, documents or any other papers;
b. That the offender Removed, concealed or destroyed any of them; and
does not have sufficient funds. (Sec. 1, par. (1)).
c. That the offender had intent to Defraud another (REYES, Book Two,
Elements: (AKD)
supra at 876).
a. That a person makes or draws and issues any check to apply on
Account or for value;
Q: Distinguish Art. 315 (3)(c) from Art. 226 - Infidelity in the custody of
b. That the person Knows that at the time of issue he does not have documents.
sufficient funds in or credit with the drawee bank for the payment of
ANS: They are distinguished as follows:
such check upon its presentment; and
c. That the check is subsequently Dishonored by the drawee bank for
Art. 315 (3)(c) I Infidelity in the. Custody of Documents
insufficiency of funds or credit or would have been dishonored for the
same reason had not the drawer, without any valid reason, ordered the (Art. 226) • ' ..
bank to stop payment. As to manner
2. Failing to keep sufficie urttlro—crMain in credit to cover the full amount of
the check (Sec. 14,per. 2)). Both are similm7aelo committing the offense
Elements: (S9 D)-m, As to off
, ehder
a. That p e TopjorgriffiCrerirqu drawee bank when he
...lissuessuLeck;
r5.1r1Ws erc The offender is a private individuAIA he offender is 4a, public officer who is
b. TtriAlie ails tp.keep suffrojent fundeotr am a credit to cover the or even a public officer who,i/np:Q offiCAITVentrustez4 with the custody of
61(err oft prespte A t a perio of ays from the date officially entrusted with tbe, ,custody clOcuments:" '
appe wng thereon; and 1-1,, of said documents. ,f0.0g`
;r t ch+..is.Dishobbie..d_by_tbe_lwee • gt1-REYES, Book Two,
at 861-862), As to intent
`-S, :4' s.
There is intent totlefraud,:i :There is no intendefraud.
t to),
Q:ls a writte R934 of dish nor negepOry? .$44.
ANS: Yes. Se tiori3 f where er are op 2,1171cient funds in or
-requires:: hrit, (REYES, BoalTwo, st1reat 877). 1
,••
credit with the rde) an<ts(\a factgh 1 -6,:texpli ate), Mhp notice of dishonor vt"
or refusal. A -Ire ora noti etin ti -6,31 d appear to be insufficient for OtherForms of- windling*
,
conviction under law (Dom gsa peals, .R. No 13929Z December • tTei
5, 2000). Q: How are the other formscef swindlinglunder Art. 316 of the RPC committed?

Q: What are the requikiteskIcriir

~crE
rqz.121V
LP
51n Am er EtPc-Blg. 22?
ANS: The other fora of swindling may beCommitted as follows:
The other forms of swindling are Eleinents •
ANS: The requisites areNCDp • committed by:
dr, c as payment for account or for
1. A person makeSN sior isiqr
value; Any person who, preteridingkto be The elements are: (1ROP)
2. That the check was Dishonored by the bank due to a lack of funds, the owner of any real property, 1. That the thing be Immovable, such as a
insufficiency of funds or account already closed; shall convey, sell, encumber or parcel of land or a building; (property must
3. The payee or holder of such check gives a Written notice of dishonor and mortgage the same. actually exist);
demand for payment; and 2. That the offender who is not the owner of
4. That the maker, drawer or issuer, after receiving such notice and demand, said property should Represent that he is
refuses or fails to pay the value of the check within Five banking days. the owner thereof;
3. That the offender should have executed an
Q: What are the means of committing estafa under Art. 315, no. 3 (estafa thru act of Ownership (selling, leasing,
fraudulent means)? Enumerate the elements for each. encumbering or mortgaging the real
ANS: These are: property); and
1. Estafa by inducing another to sign any document (Art. 315, 3(a)) 4. That the act be made to the Prejudice of the
Elements: (DDP) owner or a third person (REYES, Book
a. That the offender induced the offended party to sign a Document; Two, supra at 881).
b. That Deceit be employed to make him sign the document; Note'. Actual damage is necessary because
c• That the (Added PAY ?elm* 19ded the document, and the penalty of tine is based on the value of the
d. That *pace be caused (REYES, Book Two, supra at 87 3-87 4)', damage caused (REYES, Book Two, supra at
883).
2. Estafaby %soft% to Born tlattdooll:ixacK\ce \muse succm \x\ 'Plt\t%
(Art. 315, 3(b));
361
'ARn
 Q: What is "encumbrance"?
Any person who, knowing that real The elements are: (R-KED) ANS: Encumbrance means every right or interest in the land which exists In favor of
property is encumbered, shall 1. That the thing disposed of be Real third persons (REYES, Book Two, supra at 884).
dispose of the same, although property;
such encumbrance be not 2. That the offender Knew that the real Swindling a Minor
recorded. property was encumbered, whether the
encumbrance is recorded or not (Principle Q: What are the elements of swindling a minor under Art. 317 of the RPC?
of constructive notice does not apply); ANS: The elements are: (AMID)
3. That there must be Express representation 1. That the offender takes Advantage of the inexperience or emotions or feelings
by the offender that the real property is free of a minor;
from encumbrance; and 2. That he Induces such minor to assume an obligation, or to give release, or to
4. That the act of disposing of the real execute a transfer of any property right;
property be made to the Damage of 3. That the consideration is some loan of Money, credit, or other personal
another (REYES, Book Two, supra at 884). property; (if real property, Art. 318 applies; minor cannot convey real property
without judicial authority) and
4. That the transaction is to the Detriment of such minor (REYES, Book Two,
The owner of any personal ,The.elezesits are: (P2TP) supra at 895).
property who shall wrongfpot5 e hat t'offender is the owner of Personal
it from its lawful posses or, to he rol;/* 3Ntt,
Q: Is actual proof of deceit or misrwetOtation necessary for conviction?
prejudice of the latte ArS‘,/ 2.,#—T•hat....vai perpnaLoroperty ,
is in the lawful
ANS: No. It is sufficient that tliVafiend0 takes advantage of the inexperience or
person. Possessioto anotet; emotions of the minor (Id.).
-3•-7Tiratlhe offeVe(Pyrdhgfully ,A
Takes it from
its *wful possesso (if from unlawful Other Deceits
i ostessor, Art. 4'13 o the Civil Code
,
ii.,,g •,,applies);
, and Cr) Q: What are the actsiConsidered asother deceits" unde l.318 of the RPC?
-
.1 gt-P- rerd i ce is thereb caused to the ANS: The other deceitsase s
_ .1%'—g.77 .o•
' ossessor o third person,ad. at 889). 1. By defraudjr2,Ukrldamabing ano Or by any othe deceit' not mentioned in the
li
t r(
,.;,„:,!,7
\
Y.\, precedinglArts.; arc6,
\
2. By 1inkpretiggs4rdreams, by, making forecasts telling {fortunes, by taking
Any person tvhcto th ,Rjudice ,--,-----r:f-
OW, ny m
of another, /0,h41T) exe OW, ri KJ adv,ailage of,the7gjeduljSy of thkablic in an
Noz, sP.otherYmannpriy,for profit or gain
...„.. • q
71i
fictitious contrar 7,71 ,s,- (REYES, BookTWo: supietat 89e. .
f ..,,, 1 —
,,,,, 'N•
ChapterSeven. CfialitVMatgage
Any person wh shall IV
p•qin ",,,-1,' ,
g:(t`
compensation fo services PIC,/EN-11.r. RemovatSale or Pleoye of Mortgaged PrcWIW-1
rendered or fo lab& 'not.' ,
Q: What are the acts ppnishab191under-Artia31.9?
performed.
0/ if '\ ',V;-\ ANS: The acts punishalile are:
... IV 1.1 %-',....,40' 1. Knowingly rern'Olngtany personal property mortgaged under the Chattel
Any person who shall se11., zathe.elem6nts are: (SGS-WMB) Mortgage Law t6Vriji'Province or city other than the one in which it is located
mortgage or encumber real 1. That the offender is a Surety in a bond at the time of execution of the mortgage, without the written consent of the
property with which the offender given in a criminal or civil action; mortgagee or his executors, administrators or assigns; and
guaranteed the fulfillment of his 2. That he Guaranteed the fulfillment of such 2. Selling or pledging personal property already pledged, or any part thereof,
obligation as surety. obligation with his real property or under the terms of the Chattel Mortgage Law, without the consent of the
properties; mortgagee written on the back of the mortgage and noted on the record
3. That he Sells, mortgages, or, in any thereof in the office of the register of deeds of the province where such
ma nner property is located.
4. That such sale, mortgage or encumbrance
is: Q: What are the elements of knowingly removing mortgaged personal property?
a. Without express authority from the ANS: The elements are: (PMR-PeN)
court; 1. That Personal property is mortgaged under Chattel Mortgage Law;
b. Made before the cancellation of his 2. That the offender knows that such property is so Mortgaged;
bond; and 3. That he Removes such mortgaged personal property to any province or city
c. Before being relieved from the other than the one in which it was located at the time of the execution of the
obligation contracted by him (REYES, mortgage;
Book Two, supra at 892). 4. That the removal is Permanent; and

362 363
 5. That there is No written consent of mortgagee, executors, administrators, or Chapter Eight. Arson
assigns to such removal (REYES, Book Two, supra at 900). Q: Discuss the status of the law on arson.
ANS: P.D. 1613 expressly repealed Arts. 320 to 326-B of the RPC. However, P.D. 1744
Q: Can a person, other than a mortgagor, be held criminally liable for the acts restored Art. 320, which was then amended by R.A. 7659. By implication, Section 2 of
punishable under Art. 319(1) of the RPC? P.D. 1613, which provides for "Destructive Arson" has been superseded. Art. 324 was
ANS: Yes. Art. 319(1) uses the phrase "any person." It does not distinguish whether or impliedly restored by R.A. 9372.
not the person who committed the acts punishable under Art. 319(1) is the mortgagor of
the mortgaged chattel. Q: What are the kinds of arson under P.D. 1613?
ANS: The kinds of arson are: (SIDE-Ot)
Q: What are the elements of selling or pledging personal property already 1. Simple Arson (P.D. 1613, Sec. 1);
pledged? 2. Destructive arson (Art. 320, as amended by R.A. 7659); and
ANS: The elements are: (ASNo) 3. Other cases of arson (P.D. 1613, Sec. 3).
1. Personal property is Already pledged under the terms of the Chattel Mortgage
Law; Q: When is there a crime of simple arson?
2. Offender, who is the mortgagor, Sells or pledges the same property or any part ANS: There is simple arson when any person burns or sets fire to the property of
thereof; and another, or his own property under circumstances which expose to danger the life or
3. No consent of mortgagee written the yack,of the mortgage and noted on property of another (P.D. 1613,"Sec
the record thereof:in-the' ffice of siNgister-cif+Deeds (REYES, Book Two, R.

supra at 902), Q: What are the acts constitutinWdiS4Ctive arson under R.A. 7659?
ANS: Acts constituting destructiver:arS6r4der R.A. 7659 are:
Q: Distinguish theo ff` )edging property already pledged from
1. Burning of: (E-TWO-C)/
estafa by disposing of ptuvibered,proaerty„7
. a. One (1) or more buildingeor eclific6S-1:cbliteAuent to one single act of
ANS: The following are the distinctions: burning0i4S a result of 'Simultaneous burgh-0, committed on several
or diffetent,occasionSf:
Estafa by Disposing of or Pledging Personal Property.
Property
b. Any bilditig or private Ownership; devoted to the public in
Encumbered Property Alyeady
Already !ledged dY Mortgaged . • general orlikh6-re people7:ttisually gatherfor !Congregate for a definite
As to the act penalized ., .. •' -
purpose spch=as, but not: limited to, Ida! ooverhmental function or
business,-,private transaction, commelce, trade workshop, meetings
ti,f)1 /4 a A--<11 ranclEcorterepcei,4-;‘merliiincidenfalTto474qmopoose such as but
As to thJ subject matter' not Iiipitqclig hotelsstinotfsi transient dkilligizgliblic conveyances or
'stgpwiiteupinals, regardless of whether the offender had knowledge
Real property. \ rVh propirty. thagthere ard$pers6ns intAid building or edifice at the time it is set on
`."
Y.$•:7-7 Pars - o) I fire and regardless also dflwrip-th-dr the building is actually inhabited or
As to the consent of the mortgagee not; 3,1070'
" X c. Any IrAlp or locomotive, `ship or vessel airship or airplane, devoted to
It is sufficient that theNtalLpirppe Altti,Ac ,mmitted by the mere failure to
consent of the mortgagee in transprtationfitij conveyance, or for public use, entertainment or
mortgaged be sold as -free, eve flobtain the leisure; 444
though the vendor may have obtained— —Wang, even if the offender should inform d. Any building, factory, Warehouse installation and any appurtenances
the consent of the mortgagee in the purchaser that the thing sold is
mortgaged. thereto, which are devoted to the service of public utilities; and
writing. e. Any building the burning of which is for the purpose of concealing or
As to purpose of the law . destroying evidence of another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or to collect from
The purpose is to protect the The purpose is to protect the mortgagee. insurance.
purchaser, whether the first or the 2. There is also Destructive Arson: (2AM)
second. a. When the arson is committed by 2 or more persons, regardless of
whether their purpose is merely to burn or destroy the building or the
(REYES, Book Two, supra at 904) burning merely constitutes an overt act in the commission of another
violation of the law; or
b. When any person shall burn:
i. Any Arsenal, shipyard, storehouse or military powder or
fireworks factory, ordnance, storehouse, archives or general
museum of the Government; and
ii. In an inhabited place, any storehouse or factory of inflammable
or explosive Materials (RPC, Art. 320).

364 365
Q: What are the other cases of arson under P.D. 1613? ANS: Arson is committed when burning occurs. A thing burns or undergoes combustion
ANS: Burning of: (GIP-OMA) when it undergoes chemical change. Therefore, it follows that:
1. Any building used as offices of the Government or any of its agencies; 1. Arson is consummated when all the acts necessary to cause and create
2. Any Inhabited house or dwelling; chemical change through combustion in the thing sought to be burnt are
3. Any industrial establishment, shipyard, oil well or mine shaft, Platform or present. The extent of damage is immaterial, it being sufficient that a portion of
tunnel; the thing is burned (People v. Hernandez, G.R. No. 31770, December 5,
4. Any plantation, farm, pastureland, growing crop or grain field, Orchard, 1929);
bamboo grove or forest; 2. Arson is attempted when the offender commences to commit arson but does
5. Any rice Mill, sugar mill, cane mill or mill central; and not perform all the acts of execution which should produce the chemical
6. Any railway or bus station, Airport, wharf or warehouse (P.D. 1613, Sec. 3). change by reason of some cause or accident other than his own spontaneous
desistance-as when the would-be-arsonist is prevented from setting the thing
Q: What are the special aggravating circumstances on arson? on fire by the timely intervention of the police (People v. Go Kay, G.R. No.
ANS: The special aggravating circumstances on arson are: (IBMS) 17474-R, December 19, 1957).
1. If committed with Intent to gain; Note: Arson has no frustrated stage (BOADO, Notes and Cases on the RPC, supra at
2. If committed for the Benefit of another; 941). Even if a building is not completely gutted by the fire, the crime committed is still
3. If the offender is Motivated „spite atred towards the owner or occupant of consummated arson. It is enough thatir,a portion thereof is shown to have been
the property burned an destroyed. (People v. Guttierez, G.1340'1100699, July 5, 1996).
4. If committed by.csaiS ndbate - arriedeout by three or more persons
(P.D. 1613,S,e(4). Q: Is conspiracy to commit arson unis‘le?
ANS: Yes. Under Section 7 of 'Q.. 1'3T; it is punishable by prision mayor in its
Q: Does arson have .//,'CI''
a To• ll• ing.aggYKItyrtg*cir umstaQ e?, minimum period.
ANS: Yes, arso a fed when rwsonpof or rNhet oda sion of arson death
% ,4--
results (P.D. 16 3, 5). i owevbr, ttAre...ft\ no colimpl9 prime called "Arson with Q: What are crimes invotying destruction?
Homicide." The omicip is dTemed abspiipd in the arson. ‘c) ANS: There is a crimegOlving destruction when: (RPCM)
Note: When a oDucige precedes the arspon, such that the arson is used to conceal the 1. Real or Persona ipesiroyed

person, the cri e 's. under A' 248(3)2 v.

killing, there aietuvot rimes. of fire-4;s-s--us d'FV:497tii e a s to c I-ry oil he intent to kill a 2. The destruct& is'iCausedby therOffender
3. The destruction is caused by anypf the followingf Means: (EDIT-MaD-U)
a..4kxplo(99 ,,
113.0t, 10
•

Q: What are t e,circums apc upg,primaffici evp'en f arson? b Diqchargd:of electric curreat r,
,-.7:al
. :,.•i-i* . .N't ert-P7, .4'
71.,._ 1*" • ')'
, .,,'T'
-:
ANS: There is infallqie ntikjhe piping instances: , c. Inundationksinkin
e.I.V7Iir.`,4 i stra • ding of a't vbss'eV._
gyps ,orlitteritional sabotage of
vo
1. If the ire start d e. han e pa 'of the building or vtiqe,,_..
saidAvessel '., .)'7 F.,
establis pent; d. aNnglout rails from a ra I ay track
2. If substantial amo ot_f_sta
'In abii tu4sP or mate als are Stored within e. MaliCiously changing rail ayttgrAs for the safety of moving trains
the buildin of ofte ends Arouse ol se; f. Destroying4telegraph yzik-git'AndiTdelegraph posts, or any other
3. If Gasoline, er 5)2e1.. troleunvirl s rnmable or combustible commigireations,siste-re-"WAS, Lb
substances or Onaf f soalce t erewttfi-J containers thereof, or any g. Using t9:fiy othirOgency or means of destruction as effective as the
mechanical, electricalc emical,t IWrpnic contrivance designed to start a above (Tf., gt. 324).
fire, or ashes or traces o an orfhe foregoing are found in the ruins or
premises of the burned building or property; Chapter Nine. Malicious Mischief
4. If the building or property is Insured for substantially more than its actual value Malicious Mischief
at the time of the issuance of the policy;
5. If during the Lifetime of the corresponding fire insurance more than two fires Q: Define Malicious Mischief.
have occurred in the same or other premises owned or under the control of the ANS: It is the willful damaging of another's property for the sake of causing damage due
offender and/or insured; to hate, revenge or other evil motive (REYES, Book Two, supra at 922).
6. If shortly before the fire, a substantial portion of the effects insured and stored
in a building or property had been Withdrawn from the premises except in the Q: What are the elements of malicious mischief?
ordinary course of business; and ANS: The elements are: (DeNotMe)
7. If a demand for money or other valuable consideration was made Before the 1. That the offender Deliberately caused damage to the property of another;
fire in exchange for the desistance of the offender or for the safety of the 2. That such act does Not constitute arson or other crimes involving destruction;
person or property of the victim (P.D. 1613, Sec. 6). and
3. That the act of damaging another's property be committed Merely for the sake
of damaging it.
Note: The third element presupposes that the offender acted due to hate, revenge or
Q: When is arson consummated? When is arson attempted? other evil motive (Id.).

366 367
Special Cases of Malicious Mischief or "Qualified Malicious Mischief" 4. Stepparent or adopting parent (being ascendants by affinity), natural children,
Q: What are the special cases of malicious mischief/qualified malicious mischief concubine, paramour, common law spouses (REYES, Book Two, supra at
931-933).
under Art. 328 of the RPC?
ANS: They are:
Q: Does death extinguish the relationship established by affinity?
1. Causing damage to obstruct the performance of public functions; ANS: No. The relationship by affinity created between the surviving spouse and the
Note: This mischief is to be distinguished from sedition (Art. 139), in that the
element of public and tumultuous uprising is not present in this crime (REYES, blood relatives of the deceased spouse survives the death of either party to the
marriage which created the affinity (Intestate Estate of Manolita Gonzales vda. de
Book Two, supra at 927).
Carungcona v. People, G.R. No. 181409, Feb. 11, 2010).
2. Using poisonous or corrosive substances;
3. Spreading any infection or contagion among cattle; and J. CRIMES AGAINST CHASTITY(RPC, Arts. 333-334, 336-346)
4. Causing damage to the property of the National Museum or National Library,
or to any archive or registry, waterworks, road, promenade, or any other thing Under the Revised Penal Code
used in common by the public (REYES, Book Two, supra at 926). Q: What are the crimes against chastity under the RPC?
ANS: The following are the crimes against chastity:
Other Mischiefs 1. Adultery (Art. 333);
Q: What are the other mischi a 9 of the RPC? 2. Concubinage (Art. 334);
ANS: They are those wh:is e ' nus- eration under Art. 328, which 3. Acts of Lasciviousness 60036
are punished accordin se ES, Book Two, supra at 4. Qualified seduction (Att.(331)
927). 5. Simple seduction (Art. 338);`,..,
6. Acts of lasciviousness withIlie'eotientof,the offended party (Art. 339);
cfns.of
Damage and Obstrbati o M.' '7 ''''''''` n
oMmunicabo 7. Corruption of minors (M. 340),•,.
i...ir / 8. White slave trade(Ah. 341);
Q: What do7 the crime of es Ncti ‘4 *n an' obscuctio‘ to means of
9. Forcible abduction (At 342kOd
communicatio elude „ undle.r.Art..... t,
e h e lines (REYES, 10. Consented abduction (Art. 343):
ANS: It includ adds/of darrtagingany rai wav tplegr ph or e1pb
Book Two, su 28). '--1Y "‘ i 4---
,-,
Q: What are theprimes against chastityirwhich cannot;be prosecuted de officio?
ft>"- ANS: They at,e(CAS/L) '14
Q: When is t ithe o ction-ad-obstruct
‘ io -13 means o communication
1. Con ing
qualified? 2. Adultery; , "
ANS: It is qual ied when t aged qests" a P-,r sulthin the derailment of cars, . •
on fears stould not have been 3. Seduction!whetNrvualified or simple;
collision or othe cciden . Th s-tierattnient or th
4. Abductioehidli may be fortible'•#ir consented; and
purposely sough for by tie61Aler4 o ht,,Dive, it Arlan u der crimes involving 5. Acts of Lasciviousness with or Wthout:,corrent (Art. 344).
destruction - Art. 3 (REYES BookCi t 291 ,L1
1 Chapter One. Adulteryand Concobinage' ,
\Jr
Q: Who is liable under A .33j fithe PC? „ . -\y
ANS: Any person who sha k a age anMithyVele ph or telephone lines shall be Adultery
liable. Q: Who are the personeguWof adultery?
ANS: They are:
Chapter Ten. Exemption from Criminal Liability in Crimes Against Property 1. The married woman who engages in sexual intercourse with a man not her
Q: What are the crimes involved in the exemption under Art. 332 of the RPC? husband; and
ANS: They are: 2. The man who, knowing of the marriage of the woman, has sexual intercourse
1. Theft; with her, even if the marriage be subsequently declared void.
2. Swindling (estafa); and
3. Malicious mischief. Q: What are the elements of adultery?
ANS: The elements are: (MalloK)
Q: Who are the persons exempted in the crimes mentioned in the immediately 1. That the woman is Married;
preceding question? 2. That she has sexual intercourse with a man Not her husband; and
ANS: They are: 3. That as regards the man with whom she has sexual intercourse, he must
1. Spouses, ascendants and descendants, or relatives by affinity in the same Know her to be married (REYES, Book Two, supra at 937).
line;
Q: Is adultery a continuing offense?
2. The widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall have passed to the possession of ANS: No. The crime of adultery is an instantaneous crime which is consummated and
completed at the moment of the carnal union. Each sexual intercourse constitutes a
another;
crime of adultery (People v. Zapata and Bondoc, G.R. No. L-3047, May 16, 1951).
3. Brothers and sisters and brothers in law and sisters in law, if living together;
Adultery, therefore, is not a continuing offense (REYES, Book Two, supra at 939).
and
368 369
Q: May a husband, after gaining knowledge of his wife's adultery, and thereafter Chapter Two. Rape andActs of Lasciviousness (Art. 335 Has Been Repealed by
freely and willingly has sexual intercourse with his wife, still institute an action for R.A. 8353 or the Anti-Rape Law Of1997)
adultery against his wife?
Acts of Lasciviousness
ANS: No. An act of intercourse with the offending spouse subsequent to the adulterous
conduct constitutes an implied pardon on the part of the husband in favor of his wife. Q: What are the elements of acts of lasciviousness?
Thus, the husband is barred from instituting the action for adultery (REYES, Book Two, ANS: The elements are: (LEC)
supra at 942). 1. That the offender commits any act of Lasciviousness or lewdness;
2. That the act of lasciviousness is committed against a person of Either sex; and
Concublnage 3. That it is done under any of the following Circumstances:
a. By using force or intimidation; or
Q: Who are liable for the crime of concubinage?
b. When the offended party is deprived of reason or otherwise
ANS: The married man and the woman who knows him to be married prior to the
unconscious;
commission of the crime are liable for the crime of concubinage (REYES, Book Two,
c. By means of fraudulent machination or grave abuse of authority
supra at 944). d. When the offended party is under 12 years of age or is demented
Q: What are the elements of concubinage?
(REYES, Book Two, supra at 950).
ANS: The elements are: (MAK)
Q: What is a lascivious conduct? A
'1. That the man mupe arriedi
ANS: Sec. 2(h) of the rules and regOlaijoripf R.A. 7610 defines "lascivious conduct" as
2. That he committe y e followingActs: p
niralinjudal Veiling (the mistress must live "the intentional touching, either dirOryAtb:tough clothing, of the genitalia, anus, groin,
a. Keeyjd str sVin t
N .. breast, inner thigh, or buttocks, Oi011)4(OdOction of any object into the genitalia, anus
thri ;
or mouth, of any person, whethe0ifItlettip,pricRposite f,p.,:6, with an intent to abuse,
b. F ay s 51, 15trrcoH7.7u7i3gr*siancialou5Acilcumstances with a
humiliate, harass, degrade, ,prAroAalo,Wgiratifilatia.:'55,,,e,?111 desire of any person,
o i not h wif (pr icitE of a tuaNMial ralations not required
(Tr A.,\ bestiality, masturbation, lascivious exlptiOn of the genitals or pubic area of a person"
as Ion as it n be infersp- ..); or
(People v. Bonaagua, plit No. 18889;2•.,fr14ne 6, 2011).
c. Po> 'ding In)olthlter_in..aiiffither_place_ parkrarld wife); and
arils arried r id.). l,''
3. As re ,---- -1t the w ma lie. rntit Know hi Q: Define lewd.' eFt - , st,,
. e,
... E.;4__ ' '
NI A-;(1, ANS: Lewd is defiAd asefibscene, lustfl,i4ndecent, lecjierous. Ittsignifies the form of
Q: What is a co‘ig41 d g? •,,-,1,11,.
immorality whigi_'has relation to moial, impurity; or thatlwhich is carried on a wanton
ANS: Conjugaidwellitig is hRrne-of-tii- •-bsband-a even if th wife happens to
manner (PeofP
Atgii! ....
Lac/rat:64R.
..,..- 2„......„, N%F21444luly 17, 207,..Rellas-LOMabe).
beAemporarily 1071) count (1 .3:E p'`. 5). , • ,,.,,, • - ,.. ... ,..,.
VI
•. .
Q: Distinguish acts oflisciyiousness frcirft attemptecrrape,-
Q: As the elemeft of Navin al, relation 119der scandalaus circumstances
ANS: The differencadelhkfollowifig:
indispensable in',he crirft of c kqu .o
udgi V. i..":
ANS: No. It is only when ikr,4"j 1et 4pre (o tside of the conjugal • Attempted Rape
-4, ------L. • Acts of Lasciviousness
dwelling) that "scandalous ircpMs nces'9-12rd' rVament of the crime (U.S. v.
Macabagbag, G.R. No..'10 WA:i?gust 6, • . As to the Purpose of the Offender
"
The acts performed by,o,ff,r,d9r clearly There is no intent to have sexual
Q: What is meant by scandaloustmq.. ces?
ANS: It means any reprehensible word or deed that offends public conscience, indicate that his purpose was to lie with intercourse.
redounds to the detriment of the feelings of honest persons and gives occasion to the the offended woman.
neighbors' spiritual damage or ruin. It includes acts:
As to the Nature of the Lascivious Acts
1. Where the married man and his concubine appear together in public (People
v. Santos, 45 O.G. 2116); The lascivious acts are but the The lascivious acts are the final objective
2. That give rise to criticism and general protest among the neighbors; preparatory acts to the commission of sought by the offender.
3. That set and produce a bad example; rape.
4. So impudent and wanton as to offend the modesty and that innate sense of
morality and decency of the people in the neighborhood (People v. Hong Din As 4o the Manner of Commission
Chu, G.R. No. L-27830, May 29, 1970).
Manner of commission is the same, that is, force and intimidation is employed, by
Q: What is meant by cohabit? means of fraudulent machination or grave abuse of authority, or the offended party is
ANS: Cohabit means to dwell together, in the manner of husband and wife, for some deprived of reason or otherwise unconscious, under 12 years of age or demented.
period of time, as distinguished from occasional, transient, interviews of unlawful
intercourse. Hence, the offense is not a single act of adultery; it is cohabiting in a state (REYES, Book Two, supra at 954).
of adultery which may be a week, a month, a year or longer (People v. Pitoc, G.R. No.
18513, September 18, 1922).

370 371
Q: Can the crime of acts of lasciviousness be committed in an attempted or b. Ascendant who seduced his descendant (REYES, Book Two, supra at
frustrated stage? 960).
ANS: No. In case of acts of lasciviousness, from the moment the offender performs all
the elements necessary for the existence of the felony, he actually attains his purpose Q: Who is a domestic?
and, from that moment, all the essential elements of the offense have been ANS: Includes all those persons residing with the family and who are members of the
accomplished. In cases of acts of lasciviousness, the offender is deemed to have same household, regardless of the fact that their residence may only be temporary or
accomplished all the elements necessary for the existence once he has been able, by that they may be paying for their board and lodging (REYES, Book Two, supra at 962).
overt acts, to actually achieve or attain his purpose (People v. Perez, G.R. No. 141647-
51, March 6, 2002). Q: What is meant by virginity?
ANS: The virginity to which the RPC refers is not to be understood in so material sense
Q: Distinguish abuses against chastity (Art. 245) from offenses against chastity. as to exclude the idea of a virtuous woman of good reputation (REYES, Book Two,
ANS: Abuses against chastity is committed by a public officer who earnestly and supra at 959).
persistently makes immoral or indecent proposals to a woman. On the other hand,
offenses against chastity are committed by a private individual who executes some acts Simple Seduction
of lasciviousness against a woman (REYES, Book Two, supra at 953). Q: What are the elements of simple seduction?
ANS: The elements are: (ORSeD) 44.1/41
Chapter Three. Seduction. Corruption-bfillinbrs andWhite Slave Trade 1. That the offended partyi50*.i,eykand under 18 years of age;
Qualified Seduction 2. That she must be of goosISWepqh199n, single or widow;
3. That the offender has Seii-OlyiteArrse with her; and
Q: What is seductioR, 4. That it is committed by rhealI§VtieceyREYES, Book Two, supra at 964).
ANS: Seduction me'aii4i -wortigitb-onlavd,pj Sexuahfnte course by promise of
marriage or othe rsuasion *thou -use of force ,(R IES, Book Two, supra _
Acts ofLasciviousness withthe Consentof the OftendedIjarty
at 958).
AO
Q: What are the elements of act4of lasciviousnessI with the consent of the
Q:AnThat are t ments o qua ifiFd educ ion? offended party? IN l
ANS: The eleents,ate: (VOSA) r-.719" ANS: The elements ars.414):-,1 , '%,
1. That heoffended party is ra-iyIrRigyhiCh is presumed ff-she s unmarried and 1. That thettiffenderiabbmits acts of Lasciviousness or lewqess;
W47
of goon ati 2. That the acts. are committed, umn a woman/Who is a virgin or single or a
2. She his Ove LW 9:0)
- widay,p? goilliFoRtatio1,Unde - years otigetrtpar,123,years, or a sister
3. That t : a:oaffe s„eKualffijte or dekcendantwfdless.oVier 19:::.1bi: or-aggi90illtV,..'7"
Note: 4--,there \W:Oa tIrite of lasciviousness 3. That thq,,,,offandei:1,raccorrikipheq-ltfie acts by Abuse-Or 'guthority, confidence,
under Art, 339. reiationshOecTe4(REYES, BqkLwo, supra at 967).
4. That they is Abu e.of .@4111hork---
„I‘c relations ip on the part of the .
Pi).
offender (Pe. YES/i/bk,Z:.yLida-a ;t-0.00,9),9 Iv:,.,,,,,, Q: Distinguish acts o9le.sciviousness (41/4 0436)•;frpipacts of lasciviousness with
consent of offended piAy (Art,4139):4 4-ttr-0
Q: What are the two clas "Pckqialifie-d s'ed ati-Sr19)-1 ANS: Under Art. 336,(the actVaJe committed under circumstances which, had there
ANS: These are: WI 1- ' been carnal knowiedgeYwbulcramount to rape. Under Art. 339, the acts are committed
1. Seduction of a virgin over 2,gars'%-r( under 18 years of age by persons who under circumstances whiCh;;;had there been carnal knowledge, would amount to either
abuse their authority or the confidence reposed in them; and qualified seduction or simple seduction (REYES, Book Two, supra at 968).
2. Seduction of a sister by her brother or descendant by her ascendant,
regardless of her age and reputation (Id.). Corruption of Minors

Q: Who are the persons who could be offenders in qualified seduction? Q: What is the prohibited act in Art. 340 (as amended by B.P. Big. 92) covering
corruption of minors?
ANS: They are: ANS: Promoting or facilitating the prostitution or corruption of persons underage to
1. Those who abused their authority:
satisfy the lust of another.
a. Persons in public authority;
Note: The penalty imposed shall be higher when the victim is under 12 years of age
b. Guardian;
(R.A. 7610, Sec. 10).
c. Teacher; and
d. Person who, in any capacity, is entrusted with the education or custody
Q: Is it necessary that unchaste acts be committed for a person to be guilty of
of the woman seduced.
corruption of minors?
2. Those who abused confidence reposed in them:
ANS: No. What the law punishes is the act of a pimp who facilitates the corruption of,
a. Priest;
and not the performance of unchaste acts upon, the minor. A mere proposal will
b. House servant; and consummate the offense (REYES, Book Two, supra at 969).
c. Domestic.
3. Those who abused their relationship:
a. Brother who seduced his sister; and
372 373
 tr??,FrYllir"

Q: Is it necessary for the offender gains from the offense? Consented Abduction
ANS: No, it is not necessary for the offender to gain from the offense. It is sufficient that
Q: What are the elements of consented abduction?
the accused delivered the child knowing of the lewd designs of the person he delivered
ANS: The elements are (VOCoL):
the child to (Id.). Gaining financially from prostitution is punishable under Art. 341 of the
1. That the offended party must be a Virgin;
RPC.
2. That she must be Over 12 and under 18 years of age;
3. That the taking away of the offended party must be with her Consent, after
White Slave Trade
solicitation or cajolery from the offender; and
Q: What are the acts penalized as white slave trade under Art. 341 of the RPC? 4. That the taking away of the offended party must be with Lewd designs
ANS: The prohibited acts are (BuPS): (REYES, Book Two, supra at 980).
1. Engaging in the Business of prostitution;
2. Profiting by prostitution; and Chapter Five. Provisions Relative to the Preceding Chapters of Title Eleven
3. Enlisting the Services of women for the purpose of prostitution (REYES, Book Q: Discuss the rules governing the prosecution of the crimes of adultery,
Two, supra at 971). concubinage, seduction, abduction, and acts of lasciviousness.
Note: Habituality is not necessarily an element. It is sufficient that the accused has ANS: The rules are:
committed any one of the acts enumerated in Art. 341 (REYES, Book Two, supra at 1. Adultery and concubinage muatib,e prosecuted upon the complaint signed by
972). The penalty imposed shajj,beftiiDT"W ien .ttie victim is under 12 years of age the offended spouse (and jrillid'absence of an express or implied pardon).
(R.A. 7610, Sec. 10). 2. Seduction, abduction ancijAiS,OfIlasciviousness must be prosecuted upon the
complaint signed by (and rr the.,liience of an express pardon) offended party:
Chapter Four. Abduction a. Even if a minor;
44.), b. If of legal age anl)nOtirO'pesi(e,teckonly %can file complaint.
Q: What is the rnaningpabp1 tction?
ANS: Abduction pieaj" ta ing avy woinan ffom 11,e0fAse or the place where c. If a minor or ;f,incapacttatedgiii-dktepse,OtO file either of the next
^- •
Ncpose of carryingAker anotti r pikc@ witkntent to marry or
she may be for/the succeeding persons may4le:
corrupt her (Pe le v. nsost mo, G.R. piA-19034, F bruary C70923). I. 6titli:er of the pacerts;
ii.;Eith er of thei
334,4,4y
grancparents whether pate al or maternal side;
Q: What are t inds n 1..egAgrAUdiCial griArdians; or
ANS: The two ipAsiol abduct on are: - iv ThOS.tate, as pawn patriae when the offended party dies or
1. Forcible-ab,duction 342); and p,?,comes incapacitated before she copd file the complaint and
2. Consl to y duel no knowrgparents, gregclpeNnts...o4guardians (RULES
COURT,IRULE0 10, Sec..5) - z,--'
Forcible Abdu ion
Q: What are the rifts.sregarc:fing pardonm relation to the crimes against chastity?
Q: What are the elements ANS: The rules are:4. V41
ANS: The elements 1. Pardon in adultely,!and concubjgad.,*must-f9ome before the institution of the
1. That the pen her age, civil status, or criminal actiornrid botprpffen-deis'irnOsUe5ard6ned by the offended party if
reputation; said pardon lib be effeaive;
Note: Virginity is n essentillAelheTP`
t of tle crime of forcible abduction. 2. Pardon in sed6ctionVust also come before the institution of the criminal
2. That the abduction is ptgainst.antr- action;
Note: If the abducted female is under twelve (12) years of age, it is not 3. Condonation is not pardon in concubinage or adultery - any subsequent act of
necessary that she be taken against her will. the offender showing that there was no repentance will not bar the prosecution
3. That the abduction is with Lewd design (REYES, Book Two, supra at 973). of the offense;
Note: Forcible abduction is absorbed in rape if the real objective of the 4. Pardon by the offended party who is a minor must have the concurrence of
accused is to rape the victim (People v. Cayanan, G.R. No. 200080, parents - except when the offended party has no parents; and
September 18, 2013). 5. Marriage of the offender with the offended party in seduction, abduction and
acts of lasciviousness extinguishes criminal action or remits the penalty
Q: Is sexual intercourse necessary for the commission of the crime of forcible already imposed, and it benefits the co-principals, accomplices and
abduction? accessories. In rape, it extends only as to the principal (REYES, Book Two,
ANS: No. Actual illicit relations with the female abducted need not be shown. The intent supra at 993).
to seduce the girl is sufficient (People v. Ramirez, G.R. No. L-13997, March 8, 1919).
Q: What are the civil liabilities of persons guilty of crimes against chastity?
Q: Is there a complex crime of forcible abduction with attempted rape? ANS: Persons who are guilty of rape, seduction or abduction shall also be
ANS: None. The attempt to rape in forcible abduction, being the element of lewd sentenced:
designs, is absorbed by the crime (U.S. v. De Vivar, G.R. No. L-9298, February 11, 1. To indemnify the offended woman; and
1915). If the forcible abduction is a necessary means to commit the rape, there is 2. To acknowledge the offspring, except:
complex crime of forcible abduction with rape (People v. Amaro, G.R. No. 199100, July a. In adultery and concubinage since only a natural child may be
18, 2014). acknowledged;
374 375
 b. Where either the offended party or the accused is married; Q: A sold her son B to X and Y, an American couple, for money and agreed never
c. When paternity cannot be determined as in multiple rape; to claim the child again. May A be criminally liable under Art. 347?
d. Other instances where the law should prevent the offender from doing ANS: No. The unlawful sale of a parent of his or her child is not a crime under Art. 347.
so; and There was no abandonment of a child in the sense that it should be understood in Art
3. In every case, to support the offspring (RPC, Art. 345) 347, that is, leaving the child at a public place where other people may find him or her,
and causing the child to lose his or her civil status (U.S. v. G.R. No. L-9279,
Q: What is the liability of ascendants, guardians, curators, teachers or other March 25, 1915).
persons entrusted with the custody of the offended party who cooperate as
accomplices? Q: What is the difference between abandoning a minor under Art. 276 (crime
ANS: These persons participate as accomplices in the commission of any of the crimes against security) and Art. 347 (crime against the civil status of a person)?
mentioned in Chapters 2, 3, and 4 of Title Il, but they are held liable as principals (RPC, ANS: Under Art. 276, the offender must be the one who has custody of the child and
Art. 346). his/her purpose for such abandonment is to avoid the obligation of rearing and caring for
the child. On the other hand, under Art. 347, the offender may be any person and
K. CRIMES AGAINST THE CIVIL STATUS OF PERSONS (RPC Arts. 347-352) his/her purpose for such abandonment is for the child to lose its civil status (REYES,
Book Two, supra at 1004).
Under the RevisedPenal Code
..,,,................,
Q: What are the crimes agai stifle civil stateiirpersons
. under the RPC? Q: A gave birth to a child whom, ,p_11,6" ter abandoned in a certain place, to free
ANS: The following are th rim ,rktil
agai e ir stAtulN) persons: herself of the obligation of re4ilygolShd caring for the child. What crime was
t,,,A.-: A! r • ; A
1. Simulation °LOA 174 3'iji,parr.,1)1 committed?
!''.1 i .
2. Substituti* n 1;ftldlor another (Art ,T4=7 ANS: The crime committed was abandoningra minor under Art. 276 (Id).
3. Conceal5tnt ItancichmehrigTOgitimate 7 par. 2); ..›, , .-)
4. Usurpat'oA •rst lus ( t,, 34 k x Q: Suppose however that„,stlie 'ti‘j:Ior''a tiande o
- ho:Achild to preserve the
5. Bigam (A . "9); inheritance of her childhyformer ma ;pge, what wasttmcrime committed?
6. Marri e contracted against pr viaion of laws Art. 35 ANS: The crime commiked would beiabandoning a child uncle! Art. 347 because the
7. Perm, of illega marriage cfremonyTir 352). ,_, ..4 purpose was for the child; his of il'eqsivil status (Id). I 6
Note: On M ach-11.3, 2015, rekIght-
/
repealed Art.el abt e RPC. he ac f.
,AulholVsig . ed int41v ..rtiA. 10655 which
,1 \
atu e ma rage haa4)egjn decriminalized.
,,,,t,
..,p..:fP
Usurpation of civit'Status-, :a
r v,.,,
/ ,&-w-
., '41, . til A. i t
7 Q: How is thecrime of-usikirpation of 'civitFtatus committed? \
Chapter One,6mulation ANA' s an UsurpationiofiCi ilStatusof ANS: It is col-V itted&WhFwAperkh.4-epreiants himalt,Mrata:highOgand assumes the
j: ).ubYitMn oe; ricrIcifi
Simulation of l'iki ths _Gil tnt/
P pother; cs'i Concealment or filiation or the parentait.oricchjugal:zhghtsililsuch anotri'atperase(REYES, Book Two,
Abandonment 'af a Legitimarebillac ./'-\s'
. supra at 1005). P ...,4
Note: The term "Chill' status includes one's public station, or the rights, duties,
Q: What are the p ) 'a'.'• capacities and inca4cities which determ te7b7q018on to a given a class (Black's Law
IN
ANS: The punishabl arty araacts WZ-71g\ .., ,4ty,
Dictionary, p.1580). ..10",--
1. Simulation o
2. Substitution of o ec iLdrtar anotOw, ck .41
Q: A, representing hirrie,lf toRB, sought for a duplicate of the latter's license as
3. Concealing or abandondg_anyiegtti all hilt] with intent to cause such child a professional, assuminglt*B's person and profession. May A be liable under
to lose its civil status (REYES 'Boo • o, supra at 1001). Art. 348?
Note: A physician or surgeon or public officer, who cooperates in the execution of any of ANS: Yes. A may be liable for usurpation of civil status because usurpation of
these crimes, is also liable if he acts in violation of the duties of his profession or office profession may be puhished under Art. 348.
(RPC, Art. 347, par. 3). Note: The crime is qualified if the purpose of the impersonation is to defraud the
offended party or his heirs (RPC, Art. 348).
Q: When is there a simulation of birth?
ANS: Simulation of birth takes place when the woman pretends to be pregnant when in Q: How is usurpation of civil status (Alt 348) different from assuming or using
fact she is not, and on the day of the supposed delivery, takes the child of another as fictitious name (Art. 178)?
her own (REYES, Book Two, supra at 1002). ANS: In Art. 348, it is absolutely necessary that the intent of the offender is to enjoy the
Note: The woman who simulates birth and the one who furnishes the child are both rights arising from the civil status of the person impersonated. Otherwise, the case will
responsible as principals (Id.). be considered to fall under Art. 178 (REYES, Book Two, supra at 1005).

Q: What are the elements of concealing or abandoning a legitimate child?

ANS: The elements are: (LAC)
1. The child must be Legitimate;
2. The offender conceals or Abandons such child; and
3. The offender has the intent to cause such child to lose its Civil status
(IREYES, Book Two, supra at 1003).

376 377
Chapter Two. Illegal Marriages Q: Who has the burden of proof of dissolution of first marriage?
Bigamy ANS: The burden of proof to show the dissolution of the first marriage before the second
marriage was contracted rests upon the defense (Marbella-Bobis v. Bobis, G.R. No.
Q: What are the elements of bigamy? 138509, July 31, 2000).
ANS: The elements are: (LeDiCE)
1. That the offender has been Legally married; Note: When a person marries twice, the second marriage is presumed valid and the
2. That the marriage has not been legally Dissolved or, in case his or her spouse former one is presumed to have been dissolved by death or annulment, but the
is absent, the absent spouse could not yet be presumed dead according to the presumption as to the dissolution of the first marriage may yield to circumstances (Son
Civil Code; Cui v. Guepangco, G.R. No. L.-6163, March 14, 1912).
3. That he Contracts a second or subsequent marriage; and
4. That the second or subsequent marriage has all the Essential requisites for Q: Is the second spouse also guilty of bigamy?
validity (REYES, Book Two, supra at 1006). ANS: It depends. If the second spouse had no knowledge of the first marriage he is not
liable for bigamy because a scrutiny of Art 349 will show that bigamy may be committed
Q: Is the nullity of a previous marriage, without judicial declaration of such fact, a by a single person. However, if he or she knowingly consents or agrees to be married to
defense against bigamy? another already legally married, he or she is guilty as an accomplice (People v.
ANS: No. Although marriages that are vokLakiriltio do, not create any marital vinculum, Nepomuceno, G.R. No. L-40624, June 274975).
Art. 40 of the Family Code novoefifireirthat tl,F-emust first be a judicial declaration of Note: The witness who vouched forcittiel.fapacity of either of the contracting parties,
the nullity of the marrigge'betg co tr ctiti isepnEl marriage. A marriage is knowing that one of the parties*§,Veady married, is liable as an accomplice.
presumed valid until deaafF v. Tan, G.R. No. 137110,
Mercado However, if the witness merely a4.,eAtedAAe marriage ceremony and not vouches as
August 1, 2000). to the personal condition of the "COnt*Chit?parties, he is not liable (U.S. v. Gaoiran,
G.R. No. L-5982, November 28, 1910)'-'''
Q: Is the nullity fAir u se vent defense agijrig bigamy?
ANS: No. Since a mg rage Aontra the ofl'a valid marriage is Q: May a person convicte,51"fof bigamy still be prosecuted for concubinage?
automatically v id, the ullitylof this secokknarriage is not off se) argument for the ANS: Yes, because they two distinct ffenses in law apirfjlo fact, as well as in the
avoidance of ci ml l abilltytorbigamijoinkl-otneriise would re .iler the Stateing a mode of their prosedition,O.igamy,IS4Ohpiacterized by the a celebration of the second
second marriagi . arriage is fticre"\;,thgloffetiof y betof elibeVely ensure that marriage, with the firststill existing and it riay be prosecuted at the instance of the State
each marital entract e flawed in sd.rii0- 9,9nerAand too thus erapeithe consequences as it is an offenseAainst-ipivjl,status of *person. On tpe other hand, concubinage is
of contracting mr.iNes, throrg5 of topless women with the characterized,-p0he mere cohabitation ofitke husband with a [pomp') not his wife and it
promise of fut s co ypn 1—e-nr( G.R;41Dd 59031, June 23, may be pros4ogrednVfAthe instance of the offendeAparty„PeopOse, it is an offense
2014). against chas*j(REYES_,-Bciok TvtiiosupraVt 1016). i;4t-'.'
pru,:kr*',1*
Q:is the institu on._ Jatitteon to annul or declare the nullity
, 00e
Marriage ContracteCiAgainst Provisionsof Laws
co
of a previous ma tttOrgsee t to1of the rime o igamy? wh
valid and legal in the eyes Q: What are the elerhents ofmarriage contracted against provisions of laws?
ANS: No. All that is gb-s afilada
Ljt..fi
Court of Appeals, G.R. ANS: The elements arel(CRI)."
of the law at the time thkse 'arriag,was.coliDadVe/it.
% 1. That the offender Contraefed4inairiaperan
No. 126746, November 2 Qg /Therefore, ?kjtictiopl _pciaration of the nullity of the —
2. That he knew4t that time that:
first marriage subsequent to tbelebbfrooTht-tyelecond marriage is immaterial
a. The Requirements of the law were not complied with; or
because prior to the said declarationr.thetrime of Bigamy had already been
b. The marriage was in disregard of a legal Impediment (REYES, Book
consummated (Mercado v. Tan, supra). The pendency of the civil action for the
annulment of the subsequent marriage is likewise immaterial to the criminal action filed Two, supra at 1017).
Note: The offender must not be guilty of bigamy (Id.).
for Bigamy (People v. Aragon, G.R. No. L-5930, February 17, 1954).
Q: When is the offense qualified?
Q: What are the causes which may produce the legal dissolution of the first ANS: The offense is qualified if either of the contracting parties obtains the consent of
marriage? the other by means of violence, intimidation or fraud (RPC, Art. 350, par. 2).
ANS: The following may produce the legal dissolution of the first marriage: Note: Conviction of a violation of Art 350 involves moral turpitude (Villasanta v. Peralta,
1. Death of one of the contracting parties; G.R. No. L-9513, April 30, 1957).
2. Judicial declaration annulling a void marriage; and
3. Judicial decree annulling a voidable marriage (REYES, Book Two, supra at Performance of IllegalMarriage Ceremony
1010).
Q: P, representing himself to be a priest when in fact he was not, performed an
illegal marriage ceremony. May he be criminally liable for performance of illegal
marriage ceremony?
ANS: No. Art. 352 presupposes that the priest or minister or civil authority is authorized
to solemnize marriages. If the accused is not authorized to solemnize marriage and he
performs an illegal marriage ceremony, he is liable under Art. 177 for usurpation of
authority or official functions (REYES, Book Two, supra at 1021).

378 379
 Note: The solemnizing officer of any of the foregoing illegal marriages who performs or Requirement of Publicity
authorizes the same, despite his knowledge of the illegality, shall be punishable under Q: Is malice presumed in defamatory imputation?
Sec. 39 of Act No. 3613, Marriage Law. ANS: Yes. The law presumes that the defendant's imputation is malicious. Even if the
defamatory imputation be true, the presumption of malice still exists, if no good intention
L. CRIMESAGAINSTHONOR (RPC, Arts. 353-364) and justifiable motive for making it is shown (REYES, Book Two, supra at 1035).
Under the Revised Pena/ Code
Q: How is the presumption of malice rebutted?
Q: What are the crimes against honor against under the RPC? ANS: The presumption of malice may be rebutted if the accused shows that:
ANS: The following are the crimes against honor: 1. The defamatory imputation is true, in case the law allows proof of the truth of
1. Libel (Art. 355); the imputation;
2. Threatening to Publish and Offer to Present Such Publication for a 2. It is published with good intention; and
Compensation (Art. 356); 3. There is justifiable motive for making it (REYES, Book Two, supra at 1036).
3. Prohibited Publication of Acts Referred to in the Course of Official Proceedings
(Ad. 357); Q: A asked for a loan from B. C, brother of B, told him that A was previously
4. Slander (Art 358); convicted for estafa, to protect B from being defrauded by deceiving debtors. Is
5. Slander by Deed (Art. 359 C's statement malicious?
6. Libelous Remarks ( ANS: No. In informing B of A's past canjnal record, there was good intention on the part
7. Incriminating Innocent of C and a justifiable motive for infbfrnineii§ brother, hence malice cannot be presumed
8. Intriguing Agri (Id).

Libel Q: When is malice not presumed? ...e

Q: What is defau atio ANS: Malice is not presumede'The tollowihg instances, -
ANS: Defamati n whip inc udes libel a Slander, means peAffanse u of inj ring a 1. Private communication madt bypany person to another in the performance of
person's chara teag-ie or teputationiWighialse_and mallcioGs' tatements (MVRS any legal, moral orfsocial duty4VC, Art 354, parA 'and
Publications Inc. velaramic Da'wah Council of_the.Phil. Inc., G.qi.NO. 135306, January 2. A fair and tru:kfrepert, made. in 4itod faith, witho4 atiyv;comments or remarks,
ts,
28, • <TA of any judicial`; legislative or otter proceedings/which are not of confidential
m"-‘ naturpsr of any *gelent,Li:apottAor spee;f7Iii:
\`'SIEIP.Tr a i erti:n7,I
, i7;:roceedings, or
Q: What are the eleinents,ci kdefamaticiiii of anY,tother dotlperformed by pulilic officers in the exercise of their functions
ANS: The elera0prk: (IP d (RPC, -„,p64 2).
1. That, there met b knipta 10r1:1;t:a o a vice or defect, real or Note: They are the so4..celieAprivilegV cmmunicationsMnlivasitolustify a conviction
innaginkry, or any ac , mts.sio,p, qongiti ja:tus or circumstance; in libel involving iiriyileeeprnmunicptionr,.4he prosecution must establish that the
2. That that' putatik mi.1(1:4.nl:a`dboPpb icly libelous statements ,Were made or published with actual malice or malice in fact- the
3. That it mud be Mak ouOCIE knowledge that the statementls false or filthilreckfess disregard as to whether or not it
4. That the im Aatio st4Qt_litrEL e a tutpe on or a juridical person, was true (Manila BulleVMPWishirlg,DorpOtitlarfli•FpOrningo, GR No. 170341, July 5,
or one who is del Xrifc9i 2017).
er onor, discredit, or contempt of
5. That the imputatid1r4412stend t4aust,j4 6.
the person defamed (REY E$„&attwofsrPra at 1025). Q: What are the requisitesAthe first kind of privileged communication?
ANS: The following are the requisites of the first kind of privileged communication:
Q: What is the test of defamatory character of the words used? (LAG)
ANS: In determining whether a statement is defamatory, the words used are construed 1. That the person who made the communication had a Legal, moral or social
in their entirety and taken in their plain, natural and ordinary meaning as they would duty to make the communication, or, at least, he had an interest to be upheld;
naturally be understood by persons reading them, unless it appears that they were used 2. That the communication is Addressed to an officer or a board, or superior,
and understood in another sense (Novicio v. Aggabao, G.R. No. 141332, December 11, having some interest or duty in the matter; and
2003). 3. That the statements in the communication are made in Good faith, without
Note: The meaning of the writer is immaterial (REYES, Book Two, supra at 1026). malice (REYES, Book Two, supra at 1039).

Q: What is covered by defamatory imputation? Q: How is the defense of privileged communication rebutted?
ANS: The defamatory imputation may cover: ANS: It will be rebutted if it is shown that; (1) the defendant acted with malice in fact or
a. Crime allegedly committed by the offended party; (2) there is no reasonable ground for believing the charge to be true (REYES, Book
b. Vice or defect, real or imaginary of the offended party; or Two, supra at 1044).
c. Any act, omission, condition, status of, or circumstance relating to the offended
party (REYES, Book Two, supra at 1025).

380 381
Q: What are the requisites of the second kind of privileged communication? Threatening to Publish and Offer to Prevent Such Publication fora Compensation
ANS: The following are the requisites of the second kind of privileged communication Q: What are the punishable acts under Art. 356?
(FaGCo12)* ANS: The following are the punishable acts under Art. 356:
1. That it is Fair and true report of a judicial, legislative, or other official 1. Threatening another to publish a libel concerning him, or his parents, spouse,
proceedings which are not of a confidential nature, or of a statement, report or child or other members of the family; and
speech delivered in said proceedings, or of any other act performed by a 2. Offering to prevent the publication of such libel for compensation or money
public officer in the exercise of his functions; consideration (REYES, Book Two, supra at 1060).
2. That it is made in Good faith; and Q: Define blackmail.
3. That it is without any Comments or Remarks (REYES, Book Two, supra at ANS: Blackmail, in its metaphorical sense, may be defined as any unlawful extortion of
1045). money by threats or accusation or exposure (U.S. v. Eguia, G.R. No. L-13540, October
Note: The privileged character simply does away with the presumption of malice and 24, 1917).
does not mean that it is not actionable (REYES, Book Two, supra at 1046).
Q: In what felonies is blackmail possible?
Q: What is the Doctrine of Fair Comment? ANS: Blackmail is possible in the following felonies:
ANS: It means that while generally, every discreditable imputation publicly made is 1. Light Threats (Art. 283); and
deemed false or malicious because ev,erv_roen is presumed innocent until his guilt is
2. Threatening and Offer to Prevent Such Publication for a
judicially proved, nevertheless wtreirthr cfscre-drable imputation is directed against a
ctionable (Borjal v. Court of Compensation (Art. 356)..,
public person in his publi apabity, it n t
Appeals, G.R. No. 1264 Klariu0.1„r 4 049
Prohibited Publication ofActs Rferred to in the Course of Official Proceedings
Note: In order that sir .disc di ble presumption o a,,pu'g„c official may be actionable,
ga ipAsif-a-factora-comzeitbt'seeon a false supposition. .
Q: What are the elements of ,prqh1b;ted,p,uhtlEation .
it must either be a jals ir of-acts referred to in the
If the comment isp.p . Otesdion cfnopigionwpased‘on\T 'u t bilked facts, then it is course of official proceeding0- '
immaterial that tmiNe opipt n 43pensAo btmislaicen, as long as might be reasonable
be inferred fro the fa6ts (Borjal v. Cauif)Qf
1999).
v Appeals, G.R.
26466, January 14,
ANS: The elements are: (R5MPO)
„i"5
1. That the offenders a Repoite0 Editor or Manager of a newspaper, daily or
magazine;
2. That he pubtsfiesjlactsto'nnecte,d with the Privad life off nother; and
Q: How is cricis stingulphed pin •etam2tion? ti 3. That such arF;Dffensive to the honor, virtual
anct repUtation of said person
ANS: Criticiser onl n such 17 sus shall ipsit? p blic attention or call for (REYES, Book,TWo, supra ak106.1).
public comment. 0 ql,Rpd-,--if-th i icism-follo, pub!) o icer into his private
#
life which has I 'O
l co pectior ,Ni h th pi liCrni anieo/ is publ Liles, and falsely Slander
charges him wit . ,evil rribtiveptOly... de-signe&plcle,sfl y hisrreputati n or besmirch his
/0 I). Q: What is siande,e,,
name, there is de zin-iatich<E*E . B̀ook w ;PG
ANS: Slander is oOrdefari*tion. It is I bpi committed by oral means, instead of in
Libel byMeans of Writings oigSrmVar-tfrieirnsi.v writing. It is the speaking of base and defarrtatoymords which tend to prejudice another
X r:S.f in his reputation, office,';traCie", businesseierns7:6
. filimelihood (Villanueva v People,
Q: How is libel by means-ofgpir4g-sorsimila Redworrimitted? G.R. No. 160351, Aprilb, 2008)41, -
ANS: Libel by means oiNvilingsrcr simi ar infnitted
ksil.c,c through the following Note: There is oral defaInVion*Ven if other persons and not the offended party heard
means: .1. the slanderous words, bacp, :usta man's reputation is the estimate in which others hold
1. Writing; him, not the good opinion which he has of himself (Ramos v. People, G.R. No. 226454,
2. Printing; November 20, 2017, Pedas-Bemabe).
3. Lithography;
4. Engraving; Q: What are the kinds of oral defamation?
5. Radio; ANS: Oral defamation may either be:
6. Phonograph; 1. Simple Slander; or
7. Painting; 2. Grave Slander, when it is of a serious and insulting nature (REYES, Book
8. Theatrical exhibition; Two, supra at 1064).
9. Cinematographic exhibition; or
10. Any similar means (REYES, Book Two, supra at 1056-1057). Q: What factors determine the gravity of oral defamation?
Note: If defamatory remarks are made in the heat of passion which culminated in a ANS: The following factors determine the gravity of oral defamation:
threat, the derogatory statements will not constitute an independent crime of libel but a 1. Expressions used;
part of the more serious crime of threats (Id.). 2. On the personal relations of the accused and the offended party;
3. Circumstances surrounding the case; and
Q: Are defamatory remarks made through an amplifier considered libel? 4. The social standing and the position of the offended party (Id.).
ANS: No. Defamation through amplifier is not libel, but oral defamation. The words used
in Art 355 have, as a common characteristic, a permanent nature as a means of
publication, and this explains the graver penalty for libel than oral defamation (People v.
Santiago, G.R. No. L-17663, May 30, 1962).
382 383
Slander byDeec/ Proof of the Truth

Q: What is slander by deed? Q: When is proof of truth admissible in libel cases?

ANS: It is a crime against honor which is committed by performing any act which casts ANS: Proof of truth is admissible in libel cases in the following instances:
dishonor, discredit or contempt upon another person (REYES, Book Two, supra at 1. When the act or omission imputed constitutes a crime regardless of whether
1066). the offended party is a private individual or a public officer; or
2. When the offended party is a Government employee, even if the imputation
Q: What are the elements of slander by deed? does not constitute a crime, provided it is related to the discharge of his official
ANS: The elements are: (NPA) duties (RPC, Art. 361, par. 2; Tumang v. People, G.R. No. L-48498,
1. That the offender performs any act Not included in any other crime against September 30, 1942).
honor;
2. That such act is performed in the Presence of other persons; and Libelous Remarks
3. That such Act cast dishonor, discredit, or contempt upon the offended party Note: Libelous remarks or comments connected with the matter privileged under the
(Id.). provisions of Art. 354, if made with malice, shall not exempt the author thereof nor the
Note: Ill-treating another by deed without causing injury is maltreatment under Art. editor or managing editor of a newspaper from criminal liability (REYES, Book Two,
266(3) of the RPC. If the maltreatment casts dishonor, discredit, or contempt upon supra at 1080-1081).
another person, the crime comd, IrsTirrd'arAby deed (CAMPANILLA, Criminal Law , •
Reviewer, supra at 565). Chapter Two. Incriminatory Machinations,

Q: What are the kin ofQ do N-

er brdleal I Incriminating Innocent Persons •
ANS: Slander by de -d ay 4. Kg- be: Q: What are the elements of incrfmMating innocent persons?
1. Simple sla derb epdr6r . 77" ANS: The elements are: (PIN)„,
2. Grave ran g depd, thaqs, ytkicgof a serious iout rek(k1.).
a 'I. That the offendy,Pdtforms
Note: Pointing dirty f figer ponstaites simple slander by a ga All(anueva v. People, 2. That by sucttaCt'he directly Itkcpminates or imputes fto,, an innocent person the
G:R. No. 1603 14--.4 110, 2006) 1?'\
0, commission o,facrime; and
-21 1:: .,----rt 3. That such acr86allottonstitut ;:perjury (REYES, Boo , Two, supra at 1082).
Q: How may unju vexatr, sIff inter o eed and act of la civiousness be 4 I
distinguished Intrlguing Against Honor
raP,
,̀3
ANS: The co mo derrA " L iexatisi4ndpkV4 eed and act of
lasciviousness s it ton o ancg TpOSOimyi b Ais inguishe4 from each other as Q: How is Inttiguingiagittts$ honor committed?
ANS: Intriguing' against-,honor maybe committed bysanuerson lio shall make any
follows: I4- 14\W .„,,yg-fa tor, ihe offegse would be unjust intrigue which ha'sprincipal purposeto blemish the hiiffi-o'r or reputation of another
1. If the act is wi out ecconcurrLi
vexatiorMecausNunju t exsiticriited with an hing that irritates or (RPC, Ad. 364) t.
'v.
• .1'1-'3
Note: The only elemer of gave oral defarnatmot found in intriguing against honor is
annoys wit out justifica iduCIE-1\11/,
riTfatial2yance, .ther9 attendant publicity and publication (Punzalan V4Plate G.R, No.„1:6031:64Sigimber 2, 2013).
4 t t.- •
2. If in addition o thdri , ,
k-W' ,"-.=4.1-a&I•
dishonor or cont9pnp ,ithp-joffenerul • bAl ian dery deed; and ort
3. If in addition to Ihe,lrfiebtion lir 9 . a apotrere was present any of the Q: How is intriguing against honor distinguished from slander?
circumstances provid0;tfor,A.of,the RPC on Rape, the crime would be ANS: Where the sourceopthAnformation can be pinpointed and definitely determined
act of lasciviousness (REYES, Book Two, supra at 1068). and the accused, adopting al his own the information he obtained and passes the same
to another for the purpose of causing dishonor to another, the act is slander. But where
Persons Responsible the source or the author of the derogatory information cannot be determined and the
accused borrows the same and, without subscribing to the truth, passes it to others, it is
Q: Who are the persons that may be liable for libel? intriguing against honor (REYES, Book Two, supra at 1086).
ANS: The following are persons that may be liable for libel: (PAEP)
1. The person who Publishes, exhibits or causes the publication or exhibition of Rule of Preference in the Imposition of Penalties in Libel Cases
any defamation in writing or similar means;
Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of
2. The Author or editor of a book or pamphlet;
3. The Editor or business manager of a daily newspaper magazine or serial preference in the Imposition of Penalties in Libel Cases
publication; (RPC, Art. 360); and Q: What does the said Administrative Circular 08-2008 provide?
4. The Proprietor of the printing plant which publishes a. libelous Art. with his ANS: It provides that all courts and judges concerned should henceforth take note of the
consent and all other persons who in any way participate in or have foregoing rule of preference set by the Supreme Court on the matter of the imposition of
connection with its publication are liable as publishers (U.S. v. Ortiz, G.R. No. penalties for the crime of libel bearing in mind the following principles:
2704, December 6, 1906) (REYES, Book Two, supra at 1071). 1. This Administrative Circular does not remove imprisonment as an alternative
penalty for the crime libel under Art. 355 of the RPC;

384 385
 2. The Judges concerned may, in the exercise of sound discretion, and taking Q: What is Reckless Imprudence?
into consideration the peculiar circumstances of each case, determine whether ANS: It consists in voluntarily, but without malice, doing or failing to do an act from
the imposition of a fine alone would best serve the interests of justice or which material damage results by reason of inexcusable lack of precaution on the part
whether forbearing to impose imprisonment would depreciate the seriousness of the person performing or failing to perform such act, taking into consideration his
of the offense, work violence on the social order, or otherwise be contrary to employment or occupation, degree of intelligence, physical condition and other
the imperative of justice; and circumstances regarding persons, time and place (RPC, Art. 356, par. 7).
3. Should only a fine be imposed and the accused be unable to pay the fine, Note: Reckless Imprudence is a single crime, its consequences on persons and
there is no legal obstacle to the application of the RPC provisions on property are Material only to determine the penalty. Thus, prior conviction or acquittal of
subsidiary imprisonment. Reckless Imprudence bars subsequent prosecution for the same quasi-offense arising
from the same facts (Ivler v. Modesto-San Pedro, G.R. No. 172716, November 17,
M, QUASI-OFFENSES (OR CRIMINAL NEGLIGENCE) 2010).
Art. 365. RPC- Criminal Negligence Q: What are the elements of reckless imprudence?
Q: What are the ways of committing quasi-offenses .under Art 365? ANS: The following are the elements: (FVM-Main)
ANS: The following are ways of committing quasi-offenses under Art 365: 1. That the offender does or Fails to do an act;
1. By committing through reckles ' udence any act which, had it been 2. That the doing of or the faFurendo that act is Voluntary;
intentional, would consti ute a grive-or Itsra e felony or light felony (par. 1); 3. That it be without Malice;
2. By committing thr; saple imp!drnc jcy negligence an act which would 4. That Material damage reisp,ts;,iatitt
otherwise consti Llf a ra:v-elo ss.se ous 1r 2); 5. That there is InexcusapAkNf precaution on the part of the person
3. By causingA'd age ,i)he property of anothe ithrou . 6k eckless imprudence or
;,o performing or failing to kif?
'*ai:iOh act taking into consideration: (EDO)
".. '
simple imprydenee ' egjigencelp-dr3);•anc.„ 1 a. Employment or.(iccuStiOI,i4
4. By causingleatIg fle impr,ude,,,nce.o,r,. negligence som rong which, if done b. Degree of inlelltgenceigihysib'614Co'riditipin-,md:
maliciousj9, woyfile hav, constAteat4lighlfelon§i(paV4). c. Other 5royfrigances rpgarding persons,limaTnd place (REYES, Book
Note: The failure to re‘der assistance g,o'riStitutes a qualifying ir, stance. The same Two, ,sgiVa.at 10934.47.
must be alleged )1h- hV info9atfo-n-tb appr Te'ltirat-ctried of 'this c kge and unlike an `*.i, .,-P .',,
ordinary aggrat a iriggircums nckgrilch,Nveripiit al'eged, Ca beltaken into account Q: What is simple iriny:iludktIcer,
4 4
(People v. Be Fluya nAfi ,• 60 .G 26_6E(72 ,)4 ,,The Supreme Curtwaareed x with the then ANS: It consistsjpith4e laciptiplecaution displayed in those cases 'in which the damage
Court of Appe lad
I it Citeli 'n Peop\t' eduya tqa . e fail!re to render assistance, impending toile-Caussd4s not imMgdjat'Otor the clan ' er dearlyIrnanifest (RPC, Art.
constitutes a q ififyilqg circOR .an.ce • ecqup0 the 9resiVe tsyereoft 7ises the penalty 356, par 8). gr*Ikrienta• (Lallot) pi v,
,...
by one degree like ti-dache • ,Mich cgali i@,.s.1 or9104?to m rderj'Y ; e same must be
i,,14:1 i• --.- / 1. Lack precautiokon thefpart o itrje offenderi:ft\,, ,,. _
, 9-i,l,»4 .
alleged in the i formation to prettne clefejd this charge unlike an ordinary 2. That theiOrrivNeAmpending to be] caused is N'ot'llitirtiediate or the danger is
aggravating circurpstance\vhic veiiftnVIle tti the i formatip, can be taken into not cleahAffariifeSe(REY4S, Bo,.) Two, supra at 1106).
‘4,,
account if proveeat the tria wi ha---•objgcti rtflbabao Peop e, G.R. No. L-36957, ‘
14 ,, IA
1 - L -JEN i.,47-
LI.72:
M
September 28, 1984) Q: X placed his pistotigstlfe same p_sOMR-001,s5wapet. When he pulled out his
wallet, the pistol fell4ciden41Mirdd;hiridliticitLYilgieliable under Art 365?
Q: Distinguish ImprudencvItgegligeppe ANS: No. The accidentqdropqriglof the pistol was at least an independent intervening
ANS: The following are their distine2:11
11 cause which interruptechhOlchkn of causation between the act labeled as negligent and
the injury caused. No liabilitAibld thus be imputed on the appellant. Nor may the firing
Imprudence • • ••• Negli,gerice
• •
of the pistol be regarded as negligent. The essence of a negligent act is that it be in
As to their effect every case be voluntary (REYES, Book Two, supra at 1105).
Both are not crimes and merely determine a lower degree of criminal liability—they Q: What is the doctrine of last clear chance?
are means of committing crime ANS: The doctrine of last clear chance states that a person who has the last clear
chance or opportunity of avoiding an accident, notwithstanding the negligent acts of his
As to their nature, •
0 opponent, is considered in law solely responsible for the consequences of the accident
Pertains to deficiency of actions; Pertains to deficiency in perception; (Bustamante v. Court of Appeals, G.R. No. 89880, February 6, 1991).
Failure in precaution Failure in advertence.
Q: What is the legal effect of the doctrine of last clear chance?
As to the exemption from' liability . • t ANS: The contributory negligence of the party injured will not defeat the action if it be
shown that the accused might, by the exercise of reasonable care and prudence, have
To avoid wrongful acts in Imprudence, Paying proper attention and using due avoided the consequences of the negligence of the injured party. The antecedent
one must take the necessary diligence in foreseeing them is necessary negligence of a person will not preclude recovery for damages for, or bar a defense
precaution once they are foreseen to avoid wrongful acts against liability sought by the other negligent party (REYES, Book Two, supra at 1109-
1110).
(REYES, Book Two REYES, Book Two, supra at 1092).

386 387
 Q: What is the emergency rule? Q: What is the penalty for Destructive Arson?
ANS: An automobile driver, who by the negligence of another and not by his own ANS: Destructive Arson is punishable as follows:
negligence, is suddenly placed in an emergency and compelled to act instantly to avoid
a collision or injury is not guilty of negligence if he makes such a choice which a person Reclusion Perpetua to Death Death ,.
of ordinary prudence placed in such a position might make even though he did not make
the wisest choice (REYES, Book Two, supra at 1110). 1. When the destructive arson is 1. If as a consequence of the
committed under any of the commission of any of the acts
Q: When is the emergency doctrine applicable? instances enumerated in Sec. 1 of penalized under P.D. 1744 and
ANS: The emergency situation must be: P.D. 1744 and Sec. 10 of R.A. 7659. R.A. 7659 death results.
a. Sudden and unexpected;
b. Deprives the actor of all opportunity for deliberation; and 2. When the arson is perpetrated or
c. Must be such that the actor must have no knowledge that unusual committed by two (2) or more
consequences may result from his act (Id.). persons or by a group of persons,
regardless of whether their purpose
is merely to burn or destroy the
building or the burning mere y,
4 constitutes an overt act inlritt'd
, commission or another violation.. oft
A. ANTI-ARSON LAW (Se -ski tPa.PD16.13 siamendecayPD1744) law.
-it
Q: What is Arson?
ANS: Arson is co e b'any-peiscir wffo..b s o s .Zi(p to the property of (RA 7659, Sec 10 amending PIP 1: ec.
another. It is also itte wher a Ifidrs2 sets fire o4Ls 'own property under
a ,;,.0 4.-
circumstances riich expose o dan , er r pro rty of pnoth r (P.D. 1613, Sec. Q: What are other cases4prArson? i,c
1). .40H, (p ANS: If the property bylall is any offtw.,Illowing:
1. Any buildingVged(as officegiieffe government or any of its agencies;
Q: What is th
Sec]
2. Any inhabitedr.hougedwelling;
sio a eP .'=..
ANS: The pen 3. Any industrial establishment, slpyard, ... oil well or mine shaft, plafform or
tunne10
Am „' • ...,, ‘" '4z)
Q: What is DeVr.uptiVe Ar*n\N . e in 4,J
. 6
4. Anyt0,4ritatiopram, pasturelan ,i,cgrowing,crop,i,grain.,fietd,.,orchard, bamboo
ANS: Destructsej Arson is \ itte e is a%4 of the following: grokor forest-4Y . $ '`i,A ,•,A V4ii.:fr:'
, .. '
/ „,,,....-.
(SPASCAI) 5. Any rice,Tillpsygagmill, cane cage milyir mill central and
1. One (1)!or ‘ more building d' ce 1,.."fiseque5 o one Single act of burning, 6. Any railagtorAiue'ptation,„airporftwharf or warehouse (P.D. 1613, Sec. 3).
or as a lesult of 'multtEr urck.r,..W co miffed o several or different 1 '
occasions; Q: What is the penaltaor,„other caseszv,
2. Any building c pp/ Vate--owne s lygevkl o the Public in general or ANS: Reclusion temporallo reclusiptfreipetbaf(Fifa4:16MSec. 3).
where people us tyfgather orlichgtelatei fo?S‘finite purpose such as, but
AcY
not limited to, officiaN emmentalifull lore& business, private transaction, Q: What are the specialAglayating circumstances in Arson?
commerce, trade, workshop, aPti s and conferences, or merely incidental ANS: The penalty in any ca'Se'of arson shall be imposed in its maximum period,
to a definite purpose such as but not limited to hotels, motels, transient 1. If committed with intent to gain;
dwellings, public conveyances or stops or terminals, regardless of whether the 2. If committed for the benefit of another;
offender had knowledge that there are persons in said building or edifice at the 3. If the offender is motivated by spite or hatred towards the owner or occupant of
time it is set on fire and regardless also of whether the building is actually the property burned; or
inhabited or not; 4. If committed by a syndicate (P.D. 1613, Sec. 4).
3. Any train or locomotive, ship or vessel, airship or Airplane, devoted to
transportation or conveyance, or for public use, entertainment or leisure; Q: When is Arson committed by a syndicate?
4. Any building, factory, warehouse installation and any appurtenances thereto, ANS: The offense is committed by a syndicate if it is planned or carried out by a group
which are devoted to the Service of public utilities; of three (3) or more persons (P.D. 1613, Sec. 4).
5. Any building the burning of which is for the purpose of Concealing or
destroying evidence of another violation of law, or for the purpose of Q: What is the penalty if death results from Arson?
concealing bankruptcy or defrauding creditors or to collect from insurance; ANS: If by reason of or on the occasion of the arson death results, the penalty of
6. Any Arsenal, shipyard, storehouse or military powder or fireworks factory, reclusion perpetua to death shall be imposed (P.D. 1613, Sec. 5).
ordnance, storehouse, archives or general museum of the Government;
7. In an Inhabited place, any storehouse or factory of inflammable or explosive,
materials (P.D. 1744, Sec. 1; R.A. 7659, Sec.10).

388 389
B. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (Secs. 4, and 5, RA 9775) Conspiracy to commit any form of child pornography shall be committed when
Q: Who is a "Child" under R.A. 9775? two (2) or more persons come to an agreement concerning the commission of
any of the said prohibited acts and decide to commit it; and
ANS: "Child" refers to a person below eighteen (18) years of age or over, but is unable
to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or 12. To possess any form of child pornography (R.A. 9775, Sec. 4).
discrimination because of a physical or mental disability or condition.
Q: When is the crime of child pornography deemed committed by a syndicate?
For the purpose of this Act, a child shall also refer to:
ANS: The crime of child pornography is deemed committed by a syndicate if carried out
1. A person regardless of age who is presented, depicted or portrayed as a child
by a group of three (3) or more persons conspiring or confederating with one another
as defined herein; and
and shall be punished under Section 15(a) of this Act (R.A. 9775, Sec. 5).
2. Computer-generated, digitally or manually crafted images or graphics of a
person who is represented or who is made to appear to be a child as defined
C ANTI-FENCING LAW OF1979 (Secs. 2 and 5, PD 1612)
herein (R.A. 9775, Sec. 3(a)).
Q: What is Fencing?
Q: What is "child pornography" under R.A. 9775? ANS: "Fencing" is the act of any person who, with intent to gain for himself or for
ANS: "Child pornography" refers to any representation, whether visual, audio, or written another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall
combination thereof, by electronic, mechanical, digital, optical, magnetic or any other buy and sell, or in any other manner deal in any Art., item, object or anything of value
means, of child engaged or invo o simulated explicit sexual activities (R.A. which he knows, or should be known Icifiikr , to have been derived from the proceeds of
9775, Sec. 3(b)). the crime of robbery or theft (P.D. 1612;Sec. 2(a)).
'
Q: What is "Explicitp:txu.k 4ctimitynliZerRA 77,57," Q: Who are considered as Fence,
ANS: "Explicit Sex,.4talA.Vtr in ctu r simu ated‹? ANS: "Fence includes any person fiem,'*iloge,ion
. corporation or partnership or other
1. As to for • 7.. organization who/which commits4IferAcl*fe mg,
a. e p erc urse o7las•riloUrsact includihg, u not limited to, contact
...f.Y. •
Involv n§ ge Ital to genta 0%1 to gepital,\erjalttAgenital, or oral to Q: Is there a presumptiOrrOf fencing?
anal. Thethe etween..pea6 na-of-the-game o 'oppos to sex; ANS: Yes. Mere possession of any ToOdlArt., item, objectliil l\
of anything of value which
. 0,- -,..,.,
2. Besti has been the subject..r rq‘bbery, or/thievery shall be prima fade evidence of fencing
3. Mast rbat ,,--,-."'• .....til (P.D. 1612, Sec. 5),,' 414"::' ,tt.. 4 v,
4. Sadictiq4,12r mas.ophit c abus6i,77..il. ' \ 1 t4k
5. Lasa lousJekhibltio f-the-genitelgF-buttocksbuttocks rea and/or anus; Q: What is tItit.:?,(ceptk:tohis presurngtion? t, j
v-b-zt„: . f
or CD I ANS: If the Reflonmhaving
,.e., possession ofpthe thingcsfaferiVF5 ., }clearance or permit
e, Ki':,
6. Use o able< ollt, en Hai& cts (R.A. 9775, Sec. 3(c)). secured from the stationF.corqmanderi-of thel:National Polio% „.. , t, , Sec. 6).
Q: What are the elnishabkac ,s u‘ de Rf -9.
,At=27
. .t,
,,I., .• k.- ;" rl '''''''''OFiOTll-'

D. ANTI-GRAFT AND CORRUPT PRACTICES ACT (Sec. 3, R4 3019, as amended)

ANS: It shall be unlawful for anytpd s'onfENT\ 4 0 iri
Q: What are consideres,l‘mgeorrupt pretKiiAptublic. 9fficers" under R.A. 3019?
1. To hire, emply,AelerAt.0,..?, in okcoet-ceesa child to perform in the ANS: In addition to a# or onjjKlofisTaflfrubliC%ffidersTalready penalized by existing
creation or produ2tiallo any foam child ,c?
law, the following shallf,cOnstituteporrupt practices of any public officer and are hereby
2. To produce, direcCIResnufactui rei Ate an Aform of child pornography;
declared to be unlawful:V.,.41
3. To publish offer, tranat”el-dis n erbroadcast, advertise, promote, export 1. Persuading, ind0dird'or influencing another public officer to perform an act
or import any form of child pornography;
constituting a violation of rules and regulations duly promulgated by competent
4. To possess any form of child pornography with the intent to sell, distribute, authority or an offense in connection with the official duties of the latter, or
publish, or broadcast: Provided. That possession of three (3) or more articles
allowing himself to be persuaded, induced, or influenced to commit such
of child pornography of the same form shall be prima facie evidence of the
violation or offense.
intent to sell, distribute, publish or broadcast; Note: Sec. 3(a) requires DELIBERATE INTENT on. part of the public official
5. To knowingly, willfully and intentionally provide a venue for the commission of concerned to violate those • rules and regulations referred therein (Reyes v.
prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, Atienza, G.R. No. 152243, September 23, 2005);
houses or in establishments purporting to be a legitimate business; 2. Directly or indirectly requesting or receiving any gift, present, share,
6. For film distributors, theaters and telecommunication companies, by percentage, or benefit, for himself or for any other person, in connection with
themselves or in cooperation with other entities, to distribute any form of child
any contract or transaction between the Government and any other part,
pornography; wherein the public officer in his official capacity has to intervene under the law.
7. For a parent, legal guardian or person having custody or control of a child to Note: There must be a CLEAR INTENTION on part of the public officer TO
knowingly permit the child to engage, participate or assist in any form of child
TAKE the gift so offered and consider it as his/her own property from then on.
pornography; Mere physical receipt unaccompanied by other sign, circumstance or act to
8. To engage in the luring or grooming of a child; show acceptance is not sufficient to lead the court to conclude that the crime
9. To engage in pandering of any form of child pornography; has been committed (Pelegrino v. People, G.R. No. 136266, August 13, 2001);
10. To willfully access any form of child pornography; 3. Directly or indirectly requesting or receiving any gift, present or other pecuniary
11. To conspire to commit any of the prohibited acts stated in this section. or material benefit, for himself or for another, from any person for whom the
390 391
 "1.(i1 A^ .ang*

public officer, in any manner or capacity, has secured or obtained, or will manifestly unlawful, inequitable, or irregular transaction or acts by the board,
secure or obtain, any Government permit or license, in consideration for the panel or group to which they belong.
help given or to be given, without prejudice to Section thirteen of this Act; Note: INTEREST FOR PERSONAL GAIN shall be presumed against those
4. Accepting or having any member of his family accept employment in a private public officers responsible for its approval (R.A. 3019, Sec. 3 (i));
enterprise which has pending official business with him during the pendency 10. Knowingly approving or granting any license, permit, privilege or benefit
thereof or within one year after its termination; in favor of any person not qualified for or not legally entitled to such license,
5. Causing any undue injury to any party, including the Government, or giving permit, privilege or advantage, or of a mere representative or dummy of one
any private party any unwarranted benefits, advantage or preference in the who is not so qualified or entitled; and
discharge of his official administrative or judicial functions through manifest 11. Divulging valuable information of a confidential character, acquired by his
partiality, evident bad faith or gross inexcusable negligence. This provision office or by him on account of his official position to unauthorized persons, or
shall apply to officers and employees of offices or government corporations releasing such information in advance of its authorized release date (R.A.
charged with the grant of licenses or permits or other concessions. 3019, Sec. 3).
Note: The act of the accused that caused undue injury must have been done
with manifest impartiality, bad faith or gross inexcusable negligence. The Note: The person giving the gift, present, share, percentage or benefit referred to in
undue injury must be specified, quantified and proven to the point of moral subparagraphs (b) and (c); or offering or giving to the public officer the employment
certainty (Llorente v. Sandignbayar. No. 122166, March 11, 1998); mentioned in subparagraph (d); or,,uNing the divulging or untimely release of the
If the act committeVeWITHiM LICE trieri.me committed may be that of confidential information referreidAttin subparagraph (k) of this section shall,
under Art./ ..[ Malict s De a iftp, rr
207 rist tipn of Justice] of the RPC together with the offending putiljg!offiss, be punished under Section nine of this Act
(REGALAD u Vat 17 and shall be permanently oriVriipOTA disqualified in the discretion of the Court,
A . from transacting business in any fdirrOvith the Government (R.A. 3019, Sec. 3).
Evident Baeicag1k- es-rfdtVriblrepolz.? e14-fud,ggient or negligence; it
imputes a 's dotest urpos oildmworal otblitiuitysOd‘conscious doing of a ,
E ANTI -HAZING ACT of 2013,(Seck'Eai844450:
„_ -., 9,144.;pm en de d by RA11053)
elz
wrong; eat of wrong dut thrOgh‘kme motiv4VinteritI or ill will; partakes
Q: What is hazing?
,,
,i1: vi.,
the na ure of raud (People v4--Sd diganbaya , G.R .01
.F.) 3952-71, August
ANS: Hazing refers toon‘y.act that I-quilts' in physical or ps. Cliological suffering, harm,
23, 2(GZ-
or injury inflicted on a reM,_ngophyle, arlicant, or memeerf,a4art of an initiation rite
or practice made4.0e ptpitquisite for ;Admission ore requirement for continuing
Gross lbekcusable NegligeAte-Ow nt o even S ightlare (Alejandro v.
membership irk9;fratemity,Isorority, or,orgiozation (R.A.i11053, Sec. 2(a)).
er -G.44 N 8 31, FebTilthy-0, 1989 of Parr Officials, there -lb L ifi
Peopl Hazing is a cprw4whentIESP) prk.i
is grosviegligen • en repth of,p4• is d flag en palpable (Quibal
1. A person is-placedin sketEmbfflassing OUIStii]latippity:etion or Subjected
v. Sa diganbb an, \No. G09 QAtita 95)
...._..--, to physpal okpsyp.,pplogicaOufferog or injury;"`eri.....rfr
S' 2. These atts...vp"ryploye# as 4.4Prerequisite for the person's admission or
6. Neglecting o refu g aft dui- ieriiand or request, without sufficient 4....... %.
.nto vp organiz:ation (Peot '--1 ,., Bayabos, G.R. No. 171222, February 18,
v.
justificatioq, to act ithi Geas9 N(in)e ,pD4ny mater pending before him
e20,5)i
for the purpose of gb mhdirettlytfuvny person interested in
the matter scikeLIkaii tromaterialtifketkor,\agiyantage, or for the purpose . ,,,,,,,,314•:,..
Q: What is initiation Or;iinibats?iwite
of favoring his wnlin rest 1{2rAgkrigot)gr4eadvantage in favor of or
ANS: Initiation or initiation rites refer to ceremonies, practices, rituals, or other acts,
discriminating agairigta otherlintaegt4d p";
weather formal or infor-galtf'At a person must perform or take part in order to be
7. Entering, on behalf orrffrGOVffri rrnent, into any contract or transaction
accepted into fraternity, sorority, organization as a full-fledged member. It includes
manifestly and grossly disadvantageous to the same, whether or not the public
ceremonies practices, rituals, and other acts in all stages of membership in a fraternity,
officer profited or will profit thereby.
sorority, or organization (R.A. 11053, Sec. 2(b)).
Note: It is not necessary that the public officer profited or will profit from the
contract or transaction (Marcos v. Sandiganbayan, G.R. No. 126995, October
Q: What are the punishable acts under R.A. 8049?
6, 1998);
ANS: The following are the punishable acts under R.A. 8049:
8. Directly or indirectly having financing or pecuniary interest in any business,
1. Participation in the hazing;
contract or transaction in connection with which he intervenes or takes part in
2. Failure to prevent the hazing from occurring despite actual knowledge thereof;
his official capacity, or in which he is prohibited by the Constitution or by any
3. Actual planning of the hazing; and
law from having any interest. 4. Cooperation in carrying out the hazing by inducing the victim to be present
Note: There must be ACTUAL INTERVENTION (Trieste v. Sandiganbayan, thereat (R.A. 8049, Sec. 4).
G.R. No. 70332-43, November 13, 1986);
9. Directly or indirectly becoming interested, for personal gain, or having a Q: What is the coverage of Anti-Hazing Act under R.A. 11053?
material interest in any transaction or act requiring the approval of a board, ANS: Sec. 3 of R.A. 11053 expanded the scope of R.A. 8049 by prohibiting the
panel or group of which he is a member, and which exercises discretion in following:
such approval, even if he votes against the same or does not participate in the
1. All forms of hazing shall be prohibited in fraternities, sororities, and
action of the board, committee, panel or group. Interest for personal gain shall organizations in schools, including citizens' military training and citizens' army
be presumed against those public officers responsible for the approval of training.

392 393
 2. This prohibition shall likewise apply to all other fraternities, sororities, and Q: What other acts are prohibited under the law?
organizations that are not school-based, such as community-based and other ANS: It shall be unlawful for any person, natural or juridical, to ship, load or carry in any
similar fraternities, sororities and organizations; passenger aircraft operating as a public utility within the Philippines, and explosive,
Note: Physical, mental, and practices to determine and enhance the physical, flammable, corrosive or poisonous substance or material (R.A. 6235, Sec. 3).
mental, and psychological fitness of prospective regular members of the AFP
and the PNP as approved by the Secretary of National Defense and National Q: Is an attempt to do any of the acts prohibited under the law punishable?
Police Commission, duly recommended by the Chief of Staff of the AFP and ANS: No. There is no hijacking in the attempted stage. R.A. 6235 is a special law,
Director General of the PNP, shall not be considered as hazing purposes of where the attempted stage is not punishable.
this Act; Provided, further, That the exemption provided herein shall likewise
apply to similar procedures and practices approved by the respective heads of G. ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009
other uniformed learning institutions as to their prospective members, nor shall (Secs. 3[a, b, d, 6 and 4. RA 9335)
this provision apply to any customary athletic events or other similar contests
or competitions or any activity or conduct that furthers a legal and legitimate Q: What is broadcast?
objective, subject to prior submission of a medical clearance or certificate. ANS: "Broadcast" means to make public, by any means, a visual image with the intent
that it be viewed by a person or persons (R.A. 9995, Sec. 3(a)).
3. In no case shall hazing be made a requirement for employment in any
business or corporation.
Q: What is capture? 4,14
;i 4s"'"N,... ANS: "Capture" with respect to aniipieggIneans to videotape, photograph, film, record
Q: When are initiation rite allc:ts ed u de llii 00 39‘nended by R.A. 11053?
Only initiation rtes r p ces—tta 0 not ' o stitute hazing shall be by any means, or broadcast (R.A.,999'5',, eC 3(b)).
ANS:
allowed: Provided, 1;pat
Q: What are considered as "phOt'opSvi tmgyp,prism" under R.A. 9995?
A written application ' uct.initiati6Tritee-shaQ <nee t,2 the proper authorities
ANS: "Photo or video voyeurisnifmegrftpiactAteisingOo or video coverage of a
of the school not I e tia se en (7)4ays-stiokto schedule 1 iplatioli date;
person or group of personipertorming, teral act oraily-similar activity or of capturing
Note: The writte ap licp ion hall ccintairOesollowingl(PDtt3-0Pi: 0
1. Place nd D to oft e initiatio tift ' and the N meet) the)rgcruits, neophytes, an image of the privatelrea of a pergoalor persons without4th latter consent, under
to be ini a e• an i e manner by whirg t eY will conduct the circumstances in which`r,11.1,. ,'§ucli personfs'ilids/have a reasonable of privacy, or
or ap he ,
initia mites; Perio• ortligitiyi o eliVilies which sall no exceed three (3) the act of selling, copytg, reproducing, '''' broadcasting,
b4 shar4ing,o-showing or exhibiting the
photo or video coveleget?)-acordings ofisuch sexual ,,act or similar activity through
days s,.',111///..iti '*--1
nt Officers_otthe frater nr9sor nty, or organization and VCD/DVD, intepli, cellular phOnesndNimilar q means!' or device the written
2. Nam gettil e In u r i consent of the', 4PersoneriVolved . notwithstanding that censentlto record or take photo or
any OFis$41 r p 1 w o tplse chafg the doQcItict of the initiation •:14 ,.,.•-• ot•,, , 1 - F--, --
-- --41., ,,,---,
video coveragyf same wakgiven.by. suc iperson.(F?:,4tp995y.SegiY3(d)). -17,
rites;sines f thos" PNbe s 'e AO:rend ivitips; '''
*41e,4"-N641.1iv
3. Initiatrites all i,t gek, ore hei-i: V/ days' ' - ` •r• 0.1e
Q: What are circumstances,lunderwhiciA person has a reasonable expectation of
4. It shale ,i uncle Oatit\Pbste in the o ciarschthl bulletin board, the bulletin t4: ,.,,,a , 7,1
orbrO, orAcianization. and two (2) other privacy?
board of the office of tie ,fiele-mi
ANS: "Under circumstancno
- ,. h . .1---q--v-->r,
conspicuods places•Nhe-sefibbtilarin-'the.premiSes of<flie organization- l which a petidOeekweasonable expectation of privacy"
the written notice to the means believe that tig(efie. could64;,, disrobe, ___ being concerned that an
5. It shall be Ebslecriglin) e.,time.of...616rolko sif, ----
school authoritie-- r hea of or 5q1zAttn4A-.1S.ehl11 only be removed from its image or a private areOf the pereon was being captured; or circumstances in which a
posting three (3) da er th nduet'of the initiation rites. Undertaking that reasonable person woill.c4b4liVelhat a private area of the person would not be visible
no physical violence will be eTtiplb e y anybody (R.A. 804911053, Sec. 24 to the public, regardless ofWifether that person is in a public or private place (R.A. 9995,
Sec. 3(0).
amending R.A. 8049, Sec. 2).
Q: What are the prohibited acts under R.A. 9995?
F. ANTI-HIJACKING LAW (Secs. I and 3, RA 6235)
ANS: It is hereby prohibited and declared unlawful for any person (TRSP):
Q: What are the prohibited acts under R.A. 6235? a. To Take photo or video coverage of a person or group of persons performing
ANS: They are the following (CS): sexual act or any similar activity or to capture an image of the private area of a
1. Compelling a change in the course or destination of an aircraft of Philippine person/s such as the naked or undergarment clad genitals, public area,
Registry; and buttocks or female breast without the consent of the person/s involved and
2. Seizing or usurping the control thereof while it is in flight. It shall likewise be under circumstances in which the person/s has/have a reasonable expectation
unlawful for any person to compel an aircraft of foreign registry to land in of privacy;
Philippine territory or to seize or usurp the control thereof while it is within the b. To copy or Reproduce, or to cause to be copied or reproduced, such photo or
said territory (R.A. 6235, Sec. 1). video or recording of sexual act or any similar activity with or without
consideration;
Q: When is an aircraft "in flight?" c. To Sell or distribute, or cause to be sold or distributed, such photo or video or
ANS: An aircraft is in flight from the moment all its external doors are closed following recording of sexual act, whether it be the original copy or reproduction thereof;
embarkation until any of such doors is opened for disembarkation (R.A. 6235, Sec. 1). or
d. To Publish or broadcast, or cause to be published or broadcast, whether in
print or broadcast media, or show or exhibit the photo or video coverage or

394 395
 recordings of such sexual act or any similar activity through VCD/DVD, Note: These should be committed by a combination or through a series of acts. There
Internet, cellular phones and other similar means or device. should be at least two acts otherwise the accused should be charged with the particular
Note: The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that crime committed and not with plunder (Estrada v. Sandiganbayan, G.R. No. 148560,
consent to record or take photo or video coverage of the same was given by such November 19, 2001).
person/s. Any person who violates this provision shall be liable for photo or video
voyeurism as defined herein (R.A. 9995, Sec. 4). Q: What is a combination?
ANS: A combination means at least two acts of a different category. (Estrada v.
H. ANTI-PLUNDER ACT (Secs..1 and 2, 847080, as amended by RA 7659) Sandiganbayan, G.R. No. 148560, November 19, 2001). A "combination" essentially
requires that there be some joint operation performed by its elements, producing a result
Q: Who are Public Officers for purposes of the Anti-Plunder Act? due to their joint and cooperating action (Black's Law Dictionary).
ANS: They are any person holding any public office in the Government of the
Philippines by virtue of an appointment, election or contract (R.A. 7080, Sec. 1(a)). Q: What is a series?
ANS: A series means at least two acts of the same category.
Q: What is included in the term "Government" under R.A. 7080? Note: To establish the crime of plunder, it shall not be necessary to prove each and
ANS: It includes the National Government, and any of its subdivisions, agencies or every criminal act done by the accused in furtherance of the scheme or conspiracy to
instrumentalities, including GOCCs and their subsidiaries (R.A. 7080, Sec. 1(b)). amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond
reasonable doubt a pattern of overt,o4.ir inal acts indicative of the over-all unlawful
Q: What is "ill-gotten wea h'fp! purriraosers 080? scheme or conspiracy (R.A. 7080„,B#,;'4),
i
ANS: It means any ass yprqpirfybusndsstenfesprisk moaterial possession of any
person within the pu f ec 2A-5f`W.80i...Kq9jre48 blrIttiinn directly or indirectly Q: What is a pattern?
through dummies, g nfre ank/q14t.iness associates by any ANS: It consists of at least a combinLtioli prIseries,,of overt giuriminal acts enumerated
combination or s f/ can simtl r,
r t
schemesiirchiae rider R.A 7080 (R.A. in subsections (1) to (6) of Sec1(a)r§tJ:r:
148560, November 19, 2001),V'
.7 0:yEstradafikiSandiganbayan,
•,, ";,,,lxv G.R. No.
7080, Sec. 1(d)). *„:1,

Q: What are tlie4.co9

X \
r_seriesvotmeans_or similarschemes of acquiring
441.0''''' i
I. ANT/-SEXUAL HAR4SSMENT A 071,0E1995 (Sec. 3, RA' 7877)
.,,

ill-gotten wea
74..A. I,
Q: What does "Work,..4d9001 o'r Trainng-related SepaliHkr,assment" mean?
ANS: The follpwing ombiottylv sgnes of means or si ilar schemes of ANS: It is comraect'6'y .afizanployer, employee, manager,1supervisor, agent of the
acquiring ill-gott ' employer, teacher, instruct!r, professor cmh, trainor,.cr any othertperson who, having
1. Through qprKonrconvb--sion,-misus versation of public funds authority, influence orloral ascendancy over anotheL,9 a.,,,iyogs,,ogtalging or education
or rail s' pu TasurM ,`" environment, reRests;w4otheOie requiretarilOtior from the other
2. By receiving, irect dgpt ykebY Q issiv, gift, ,hare, percentage, regardless of in4ther4tHerCiemancl,N:,equelor requirement is accepted
ii5/13 efit f om any person and/or entity ..)--,.:-,( ,,..
kickbacks or an othe o by the object of siEr,iAct(R.A47877, Bea 31
in connection wi kany go,.e ,act o • project or by reason of the kr — '' ' rf••,.—
office or pbsition of he lic'pnelVonceiraeof Q: Who may commit Work, IEducation Oi•.:Traininglelated Sexual Harassment?
,,.,
3. By the illegal.pr ,a.tioltleratax- Vtr apeAirclisposition of assets belonging to ANS: (TIP-ME2-ACTS-AIMD),.e..
the National NObvei673ient ciyavoNteisTbdivisions, agencies or 1. Teacher 40r4r
instrumentalities OGOC6s and, 'el utWitILarie1; 2. Instructor 'ill
.-
4 By obtaining, receiving or.accepting„,threcily or indirectly any shares of stock, 3. Professor
equity or any other form of interest or participation including the promise of 4. Manager
future employment in any business enterprise or undertaking; 5. Employer
5. By establishing agricultural, industrial or commercial monopolies or other 6. Employee
combinations and/or implementation of decrees and orders intended to benefit 7. agent of the employer
particular persons or special interests; and 8. Coach
6. By taking undue advantage of official position, authority, relationship, 9. Trainor
connection or influence to unjustly enrich himself or themselves at the expense 10 . Supervisor
and to the damage and prejudice of the Filipino people and the Republic of the 11. Any other person who, having authority, Influence or Moral ascendancy over
Philippines (R.A. 7080, Sec. 1(d)). another in a work or training or education environment
12. Any person who Directs or induces another to commit sexual harassment or
Q: How is the crime of plunder committed? cooperates with the commission of another without which. it would not have
ANS: The crime of plunder is committed when any public officer who, by himself or in been committed shall also be liable (R.A. 7877, Sec. 3).
connivance with members of his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten Q: When is sexual harassment committed?
wealth through a combination or series of overt or criminal acts as described in R.A. ANS: Sexual harassment can be committed:
7080, in the aggregate amount or total value of at least. P50,000,000.00 (R.A. 7080, 1. In a work-related or employment environment (Col-In):
Sec. 2). a. The sexual favor is made as a Condition in the hiring or in the
employment, re-employment or continued employment of said

396 397
 individual, or in granting said individual favorable compensation, terms, Q: What are the different acts of torture?
conditions, promotions, or privileges; or the refusal to grant the sexual ANS: They are the following:
favor results in limiting, segregating or classifying the employee which 1. Physical torture- It is a form of treatment or punishment inflicted by a person
in any way would discriminate, deprive or diminish the employment in authority or agent of person in authority upon another in his/her custody that
opportunities or otherwise adversely affect said employee; causes severe pain, exhaustion, disability or dysfunction of one or more parts
b. The above facts would Impair the employee's rights or privileges under of the body, such as:
existing labor laws; or a. Systematic beating, head banging, punching, kicking, striking with
c. The above acts would result in an Intimidating, hostile, or offensive truncheon or rifle butt or other similar objects, and jumping on the
environment for the employee. stomach;
2. In an education or training environment (CECo-In): b. Food deprivation or forcible feeding with spoiled food, animal or human
a. Against one who is under the Care, custody or supervision of the excreta and other stuff or substances not normally eaten;
offender; c. Electric shock;
b. Against one whose Education, training, apprenticeship or tutorship is d. Cigarette burning; burning by electrically heated rods, hot oil, acid; by
entrusted to the offender; the rubbing of pepper or other chemical substances on mucous
c. When the sexual favor is made a Condition to the giving of a passing membranes, or acids or spices directly on the wound(s);
grade, or the granti „of.hono .s and scholarships, or the payment of a e. The submersion of the head in water or water polluted with excrement,
stipend, allow ri e or utile be efi s; pri4leges, or considerations; or urine, vomit and/or,Ngdyntil the brink of suffocation;
d. When th exu dvanbe idating, hostile or offensive f. Being tied or force0o'asairrie fixed and stressful bodily position;
enviro erf r hhtudentpt i eefor appc tice (R.A. 7877, Sec. 3). g. Rape and sexuaWeVluding the insertion of foreign objects into
Z the sex organ or cod0'1i;:if;91ectrical torture of the genitals;
Q: Who are otherAperstraVe?,-‘' h. Mutilation or ampataticpE.9047-pss.ppt ial parts of the body such as the
ANS: Any persotiQhp ' irepts orirjfidirOs .anotherk to any act of sexual genitalia, ear,ong
harassment, or ho co'pperatoes in the ceiftimis§ion thereof er without which it i. Dental torture or the forcer extractionf o fheleth;
would not have een rifted (R.A. 787pSec. 3). j. Pulling,dof fingernalls;,1
1.,,g-,._ .,il !I _ k. Harmf9lim6osure tgAtirelements such as.euDlight and extreme cold;
J. ANTI-TORTU,,REAGTOF 200.9Y5eca.Wa, b.1,-4, and 5,19744? I. The use oftpjastib bag arVd)other materials placed over the head to the
I .i..7-0) _t4} point of as:Phyxjation; r
Q:'What is "toitu<3 ' ef-T
:7,-- 7-_
ANS: It refers o ap,aft Ira ‘ severataip Rt suffer
'----
)y; etpr,„,physical or mental, is
,
<M'he use Of psychoebtivetrugs to change The perception, memory,
'kz sill4h ,t)
intentionally inflt\cled.brt a p rgo brp)or j taming forrlhim/her or a third nuPalertness of a person such
i T administration drugs toitbdi.idedrilOgibn and/or reduce
person information or atonfe sA) 'Viiiiigh -ig:iiigr tfiy o an Act he/spe or a third person m: sceo;marinedtenc:;,:777Rm
r
has committed oNs suspecte of in 9„mmt0r int idatingfor coercing him/her
The use of drugs fdpnduce extreme pain or certain symptoms of
or a third person; 8,,f,r anr,pas .ri .13aqedn-cl's • in) o of anvkind, when such pain
ja
or suffering is inflicte by or aetn,eInki a f tty r& r.4t e consent or acquiescence of a cetherfanalogous gpW, ppypricel torture.
person in authority or agentka persorltaLhori 4 (Sec. 3 (a)). 2. Mental/Psyciplegicali OrtiffetX-treferVtAefsil committed by a person in
\<'"01 authority or agent ofiAperson in authority which are calculated to affect or
Q: Is pain or suffering ariski onlyNrirrinkerent in or incidental to lawful confuse the rengtancrfor undermine a person's dignity and morale, such as :
sanctions considered "torture"? a. Blindfold
ANS: No. Torture does not include pain or suffering arising only from, inherent in or b. Threatening a person(s) or his/her relative(s) with bodily harm,
incidental to lawful sanctions (R.A. 9745, Sec. 3 (a)). execution or other wrongful acts;
c. Confinement in solitary cells or secret detention places;
Q: What does "other cruel, inhuman and degrading treatment or punishment" d. Prolonged interrogation;
mean? e. Preparing a prisoner for a "show trial", public display or public
ANS: It refers to a deliberate and aggravated treatment or punishment not enumerated humiliation of a detainee or prisoner;
under Section 4 of R.A. 9745, inflicted by a person in authority or agent of a person in f. Causing unscheduled transfer of a person deprived of liberty from one
authority against a person under his/her custody, which attains a level of severity place to another, creating the belief that he/she shall be summarily
causing suffering, gross humiliation or debasement to the latter (R.A. 9745, Sec. 3(b)). executed;
9. maltreating a member/s of a person's family;
Q: What is the basis in assessing the level of severity? h. Causing the torture sessions to be witnessed by the person's family,
ANS: The assessment of the level of severity shall depend on all circumstances of the relatives or any third party;
case, including the duration of the treatment or punishment, its physical and mental i. Denial of sleep/rest;
effects and, in some cases, the sex, religion, age and state of health of the victim (R.A. j. Shame infliction such as stripping the person naked, parading him/her
9745, Sec. 5). in public places, shaving the victim's head or putting marks on his/her
body against his/her will;

398 399
 k. Deliberately prohibiting the victim to communicate with any member of Q: What is debt bondage?
his/her family; and ANS: It refers to the pledging by the debtor of his/her personal services or labor or those
I. Other analogous acts of mental/psychological torture (R.A. 9745, Sec. of a person under his/her control as security or payment for a debt, when the length and
4). nature of services is not clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt (R.A. 10364, Sec. 3 (0).
K. ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (Secs. 3, 4, and 6, RA 9208, as
amended by R.A. 10364) Q: What is pornography?
ANS: It refers to any representation, through publication, exhibition, cinematography,
Q: How is "trafficking in persons" defined under this Act? indecent shows, information technology, or by whatever means, of a person engaged in
ANS: It refers to the recruitment, transportation, transfer or harboring, or receipt of real or simulated explicit sexual activities or any representation of the sexual parts of a
persons with or without the victim's consent or knowledge, within or across national person for primarily sexual purposes (R.A. 10364, Sec. 3 (0).
borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the Q: What acts constitute trafficking in persons?
person, or, the giving or receiving of payments or benefits to achieve the consent of a ANS: It shall be unlawful for any person, natural or juridical, to commit any of the
person having control over another person for the purpose of exploitation which includes following acts:
at a minimum, the exploitation or the prostitution of others or other forms of sexual 1. To recruit, obtain, hire, provide,,toffer, transport, transfer, maintain, harbor, or
exploitation, forced labor or servicesrsla a StrvitLicte or the removal or sale of organs. receive a person by any TAO including those done under the pretext of
The recruitment, transportVon, censfer4 h rborpg opec,2ipt of a child for the purpose domestic or overseas irlAyart or training or apprenticeship, for the
of exploitation shall alsx1,38.,so stgere a "tiafgclijng prfpe,lsons" even if it does not purpose of prostitution, pornography, or sexual exploitation;
involve any of the means s fort *rptrelif7gaing.fibragraph (13.A. 10364, Sec. 3 (a)). 2. To introduce or match*Mrn-pligy, profit, or material, economic or other
consideration, any pers6;r3, :h.41,9yii,dad for under R.A. 6955, any Filipino
Q: When is a per o ove eightden118)- earsiifage ccohsidertld a child under R.A. woman to a foreign naiiOnalWit*riagglostthg#tpose of acquiring, buying,
10364? offering, selling..„90rading hien/jer to endaaelLirilxostitution, pornography,
ANS: A person h;re ver eighteen (1 87-••u is unall to I y tat care
s,
of or protect sexual exploitation, forcedItabor, slavery, involphtary servitude or debt
himself/herself rpli se, nhglect,..cad *Ration, or discomi ation because of a bondage; It5r1
physical or me tallgsability ,7slibll be,,consid6red a Childrt
o co dithi 10364, Sec. 3 3. To offer or contract : Jmarriage, real or simulated, iforrthapurpose of acquiring,
g
(b)). buying, Oferingk,4611ing, or trading them #to a geng ge in prostitution,
pornography, sexual exploitatio r fOrced labor or slaVery, involuntary servitude
Q: What is pro.sbtution? .4. or debbbondaga7 •41 I
ANS: It refers roppAt, t efof desiggv 011611c:use of a person by 4. To YtIderfaig..61-1'orgJnize to and ti'ateliTir
i TO64iating of tourism
e_pb-dilqj texc ange for money, profit or _••
another, for sekial inteicoas packages oroao.tiyttjes for"the purpose of utilizing- and-offering persons for
any other consid'eration ?RA. -("\,
ti prostitutit;Apirlogsphy olsextNexploitation;
5. To maintain:, or hire awersOn to engage in prostitution or pornography;
Q: What is forcellabor? 6. To adopt periphs& any form ot eOrkernration for exploitative purposes or to
ANS: It refers to theoxtrap o r—s rvicg
_ Wa any person by means of facilitate theme same toritr,purP2da 4ptastitation, pornography, sexual
enticement, violence, 'irVmida io o hreatise-IfJospg. or coercion, including exploitation, forced labovalavery, involuntary servitude or debt bondage;
deprivation of freedom, -Blauzl..,auth- riff/. 1*- gral'asZendancy, debt-bondage or 7. To adopt or kaili,tatelihe adoption of persons for the purpose of prostitution,
deception including any work otts irA rti any person under the menace of pornography, seXAtiaploitation, forced labor, slavery, involuntary servitude or
penalty(R.A. 10364, Sec. 3(d)). debt bondage;
8. To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide,
Q: What is slavery? offer, receive or abduct a person, by means of threat or use of force, fraud,
ANS: It refers to the status or condition of a person over whom any or all of the powers deceit, violence, coercion, or intimidation for the purpose of removal or sale of
attaching to the right of ownership are exercised (R.A. 10364, Sec. 3(e)). organs of said person;
Q: What is sex tourism? 9. To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide,
ANS: It refers to a program organized by travel and tourism-related establishments and receive or adopt a child to engage in armed activities in the Philippines or
individuals which consists of tourism packages or activities, utilizing and offering escort abroad;
and sexual services as enticement for tourists. This includes sexual services and 10. To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or
practices offered during rest and recreation periods for members of the military (R.A. receive a person by means defined in Section 3 of this Act for purposes of
10364, Sec. 3(g)). forced labor, slavery, debt bondage and involuntary servitude, including a
scheme, plan, or pattern intended to cause the person either:
Q: What is sexual exploitation? a. To believe that if the person did not perform such labor or services, he
ANS: It refers to participation by a person in prostitution or the production of or she or another person would suffer serious harm or physical
pornographic materials as a result of being subjected to a threat, deception, coercion, restraint; or
abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim's b. To abuse or threaten the use of law or the legal processes;
vulnerability (R.A. 10364, Sec. 3(h)). 11. To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide,
adopt or receive a child for purposes of exploitation or trading them, including

400 401
 but not limited to, the act of baring and/or selling a child for any consideration Q: What acts constitute qualified trafficking of persons?
or for barter for purposes of exploitation. Trafficking for purposes of ANS: The following are considered as qualified trafficking:)
exploitation of children shall include: 1. When the trafficked person is a child;
a. All forms of slavery or practices similar to slavery, involuntary servitude, 2. When the adoption is effected through R.A. 8043, otherwise known as the
debt bondage and forced labor, including recruitment of children for use "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of
in armed conflict; prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
b. The use, procuring or offering of a child for prostitution, for the servitude or debt bondage;
production of pornography, or for pornographic performances; 3. When the crime is committed by a syndicate, or in large scale. Trafficking is
c. The use, procuring or offering of a child for the production and deemed committed by a syndicate if carried out by a group of three (3) or more
trafficking of drugs; and persons conspiring or confederating with one another. It is deemed committed
d. The use, procuring or offering of a child for illegal activities or work in large scale if committed against three (3) or more persons, individually or as
which, by its nature or the circumstances in which it is carried out, is a group;
likely to harm their health, safety or morals; and 4. When the offender is a spouse, an ascendant, parent, sibling, guardian or a
12. To organize or direct other persons to commit the offenses defined as acts of person who exercises authority over the trafficked person or when the offense
trafficking under this Act (R.A. 10364, Sec. 4). is committed by a public officer or employee;
5. When the trafficked person ,i,,drfcruited to engage in prostitution with any
Q: What is attempted trafficki gIn pep° s) member of the military or 1pyslarit9rcement agencies;
ANS: Where there are ac to rEgate f e o ission#ofa.a trafficking offense but the 6. When the offender is a rrInj3;erkif?the military or law enforcement agencies;
offender failed to or did, noraxecute .erne,nts pf3Rkcrime, by accident or by 7. When by reason or oriAgaliAof the act of trafficking in persons, the
reason of some caus,e,eothet i, o untary desisTanc00ch,qert acts shall be deemed offended party dies, beVA!'irii§"ane, suffers mutilation or is afflicted with
as an attempt to c9iiim: act o affickikTin-perszisNAsuch, an attempt to commit Human Immunodeficiency Virus (HIV), the Acquired Immune Deficiency
any of the offen§e eQuper ed i ectkon .of this Pal_s al constitute attempted Syndrome (AIDS); ,f- 'V.I [',;',.,,,,....„-,,,„..,,,, ,
trafficking in per " ns (eV . 92 8, Se 4-Atas _mendat 8. When the offenWidbmmits one-or more violations Section 4 over a period
A, of sixty (60) effore days, whether those days are O'oAnuous or not; and
Q: If the victi 1§-a child what-acts-constitute-attempted traffi itlg in persons? 9. When the offedTgldirectsor'th*gh another magageS)the trafficking victim in
' i is rchild, ig ny-ofthafollOwing 4ctestail also be deemed
-.0?e victikn
ANS: In cases carrying out.tba exploi tative purpose of traffickingf(R.? 9 08, Sec. 6).
---, -4g.' 1.-.
as attempted traffic in per onp:
1. Facilqatiq he pa p of a child o travel lone to a' ifqreign country or .)
• I
Q: Who mayAnstitute an action under n'e Anti-traffickin in Persons Act of 2003
territo a_10 easor‘thqre or-andAL„Ot t e:qtvred clearance or as amendedW, "
permi 6 rgent f 8. AW.,elpre„and Developfnent, or a written 1
ANS: The folloWing persons,friay institute olaction:
permit catio lib '\ heLchildVpa ,6140egalguardi0; 1. Any person ,ciarahas personal knowledge of tha-conmnission of any offense
2. Executi consile naa V t f consent or a written consent for under thistai 7
adoption, ,-1-1 t>, 2. The traffic'ed6persqA or;
3. Recruiting woma5 be§61ad,ftth 3.urpose of ip ling the child; 3. The parentslre',;' sib
:,,,, • •-q,.-,,,2,,
e4litnas, c.,..
, flan af,LrIIIM7 I?clutrdian. (R.A. 9208, Sec 8).
4. Simulating a *rthp(tli urgasp,sfjelling..tke cVIZIJoand
5. Soliciting a chi dke a8..."Hiring th .
Gusto \ y there&
.-
. through any means from L. ANTI-VIOLENCE AG% NST W1 IE MN AND THEIR CHILDREN ACT OF 2004
among hospitals, cli Ics, nursir ayc re/centers, refugee or evacuation
(Secs. 3, 5, and 26, RA::9561)
centers, and low-income arniliesaorvth urpose of selling the child (Id.).
Q: What is "violence against women and their children"?
Q: Who is an accomplice under R.A. 9208, as amended? ANS: It refers to any act or a series of acts committed by a person against
ANS: An accomplice is one who knowingly aids, abets, cooperates in the execution of 1. A woman who is his wife,
the offense by previous or simultaneous acts defined in this act (R.A. 9208, Sec 4-B, as 2. A woman, not his wife, with whom the person has or had a sexual or dating
amended). relationship, or with whom he has a common child,
Note: It is immaterial if the relationship has ceased. As long as there is
Q: Who is an accessory under R.A. 9208, as amended? ' sufficient evidence showing the past or present relationship between the
ANS: An accessory is one who has the knowledge of the commission of the crime, and offender and the victim when the physical harm was committed (Dabalos v.
without having participated therein, either as principal or as accomplices, takes part in RTC, G.R. No. 193960, January 7, 2013).
its commission in any of the following manners: 3. The child of the women mentioned in the immediately preceding numbers,
1. By profiting themselves or assisting the offender to profit by the effects of the whether legitimate or illegitimate, within or without the family abode.
crime; Note: The act or series of act must result in physical, sexual, psychological harm or
2. By concealing or destroying the body of the crime or effects or instruments suffering, or economic abuse including threats of such acts, battery, assault, coercion,
thereof, in order to prevent its discovery; harassment or arbitrary deprivation of liberty (R.A. 9262, Sec. 3(a)).
3. By harboring, concealing or assisting in the escape of the principal of the
crime, provided the accessory acts with abuse of his or her public functions or
is known to be habitually guilty of some other crime(R.A. 9208, Sec 4-C, as
amended).

402 403
Q: What constitutes sexual violence? Q: What is the so-called "cycle of violence"?
ANS: Sexual violence refers to an act which is sexual in nature, committed against a ANS: The battered woman syndrome is characterized by the so-called "cycle of
woman or her child. It includes, but is not limited to: ' violence", which has three phases:
1. Rape, sexual harassment, acts of lasciviousness, treating a woman or her 1. The tension-building phase — where minor battering occurs and the woman
child as a sex object, making demeaning and sexually suggestive remarks, usually tries to pacify the batterer to' prevent escalation of violence;
physically attacking the sexual parts of the victim's body, forcing her/him to 2. The acute battering incident — where there is brutality, destructiveness, and
watch obscene publications and indecent shows or forcing the woman or her sometimes, death and the woman believe it is futile to fight back based on past
child to do indecent acts and/or make films thereof, forcing the wife and painful experience; and
mistress/lover to live in the conjugal home or sleep together in the same room 3. The tranquil, loving (or at least, non-violent) phase — where the batterer begs
with the abuser; for her forgiveness and the woman tries to convince herself that the battery will
2. Acts causing or attempting to cause the victim to engage in any sexual activity never happen again (REYES, Book One, supra at 197-198).
by force, threat of force, physical other harm or threat of physical or other harm
or coercion; Q: What is "stalking"?
3. Prostituting the woman or child (R.A. 9262, Sec. 3 (a) (8)), ANS: It refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under
Q: Explain psychological violence surveillance directly or indirectly or a combination thereof (R.A. 9262, Sec. 3(d)).
ANS: Psychological violenc3orefers top, or qmisajgns causing or likely to cause
mental or emotional su5,enng eakthe igimPich Jou(not limited to intimidation, Q: What is "dating relationship%,
harassment, stalking, d mager.prcIp_ertyrpubkildiculp 'V • k gr. Kniliation, repeated verbal ANS: It refers to a situation wheretiffi§gbries live as husband and wife without the
abuse and mental ip id I I *rterirides causing orztallAingl', he victim to witness the benefit of marriage or are romar)tibalki;itiOlved over time and on a continuing basis
physical, sexual, VA/ o o ipl..abut—egrrnerraeNtt& aniily to which the victim during the course of the relationship'(f31/9.2.6k3ap. 3(e)).
belongs, or to wityie .Ro ography irbangorm r to" Oitnesbabtivg injury to pets or to Note: A casual acquaintance,gr offfaltao6112ationbet)„,yeen two individuals in a
unlawful or unwfinte Ndepnv tion o hefightat custody a dior visitation of common business or social context,is'INOT a dating relationshifi'L(AnA Court of Appeals, G.R.
children (R.A. 9262, S 6. 3 (a (C)). No. 182835, April 20, 20113)'. 't
-.V
. ,
1 ,,,--
Q: What are tttle acts consti pting4.90Onoglic-ibliie?
II Q: What is "sexual relations"?
ANS: It refers to a silfglelseXual act which may or maymot h-es,Alt in the bearing of a
ANS: Economic abuse refers 'to actsitha,J,' alZa-.or atte t to makei oman financially
''T not lirtrit6' i cthe foil• 09 common child (RA. 9262, Sec:'--3(t)). • 41
dependent whip cliitcle
1. Withclowialy1 fin 1 suppq4 r L. preventin 4th victim- rdn0 engaging in any Q: What is a(fsare.pla4"pr?„pelt,,r,"?
ate' pro essi --'0 ccupation
legitiIT\ buTfie r ctivity, exce 1 in cases wherein ANS: It refers'to any D2giatpr institution Maintained or4ManagOWyk
.... k.q the Department of
the ot er spot{se/p ne ojec 'Or( Oriseriods and moral grounds as Social Welfare 't•ault:DeAt;:pment ,(DSW9) or by any othe ragency or voluntary
defined R Art. 7g, :,)f thea i skC e, organization accredited by tli,a,DSWD for the purposes of this Act or any other suitable
2. Deprivatiok or threat o 497Qn jab° -eftlina ci9 Resources and the right to the place the resident 8.0which +Ming tempqrpri , o receive the victim (R.A. 9262 Sec.
use and enjomen 14ttke:0onjildAN,..cernfriunily Obpiop rty owned in common;
3. Destroying hosti e onpr Tertyi.....\)„
4. Controlling the IQ .pwn rtorip itOtRrourties or solely controlling the
t o-c'
Q: Who are "childrenV9ontemp[ated by R.A. 9262?
f<:-5

conjugal money or properties Ser 3(a) (D)). ANS: It refers to those bewAighteen (18) years of age or older but are incapable of
taking care of themselves atifefined under R.A. 7610. It includes the biological children
Q: What is "battery"? of the victim and other children under her care (R.A. 9262, Sec. 3(h)).
ANS: It refers to an act of inflicting physical harm upon the woman or her child resulting
to the physical and psychological or emotional distress (R.A. 9262, Sec. 3(b)). Q: What are the acts of violence against women and their children?
ANS: The crime of violence against women and their children is committed through any
Q: What is "Battered Woman Syndrome"? of the following acts:
ANS: It refers to a scientifically defined pattern of psychological and behavioral 1. Causing physical harm to the woman or her child;
symptoms found in women living in battering relationships as a result of cumulative 2. Threatening to cause the woman or her child physical harm;
abuse (R.A. 9262, Sec. 3(c)). 3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical harm;
Q: May Battered Woman Syndrome be used as a defense? 5. Attempting to compel or compelling the woman or her child to engage in
ANS: Yes. Victim-survivors who are found by the courts to be suffering from battered conduct which the woman or her child has the right to desist from or desist
woman syndrome do not incur any criminal and civil liability notwithstanding the from conduct which the woman or her child has the right to engage in, or
absence of any of the elements for justifying circumstances of self-defense under the attempting to restrict or restricting the woman's or her child's freedom of
RPC (R.A. 9262, Sec. 26). movement or conduct by force or threat of force, physical or other harm or
threat of physical or other harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the following acts committed with
the purpose or effect of controlling or restricting the woman's or her child's
movement or conduct:
404 405
 a. Threatening to deprive or actually depriving the woman or her child of Note: The 90-day period is not an element of the violation of BP 22 by failing
custody to her/his family; to keep sufficient funds. A "reasonable time" according to current banking
b. Depriving or threatening to deprive the woman or her children of practice for presentment of check to hold the maker, drawer or issuer liable is
financial support legally due her or her family, or deliberately providing within 180-days from date indicated therein. (Wong v. CA, G.R. No. 117857,
the woman's children insufficient financial support; February 2, 2001)
c. Depriving or threatening to deprive the,woman or her child of a legal FAILURE TO MAKE GOOD THE CHECK within five (5) banking days from
right; receipt of notice of dishonor and demand for payment gives rise for the
d. Preventing the woman in engaging in any legitimate profession, violation of B.P. 22. (Domagsang v. CA, G.R. No. 139292, December 5, 2000)
occupation, business or activity or controlling the victim's own mon4ey
or properties, or solely controlling the conjugal or common money, or Q: Who shall be liable when the check is drawn by a corporation, company or
properties; entity?
6. Inflicting or threatening to inflict physical harm on oneself for the purpose of ANS: The person or persons who actually signed the check in behalf of such drawer
controlling her actions or decisions; (B.P. 22, Sec. 1). The gravamen of the offense is the act of making and issuing a
7. Causing or attempting to cause the woman or her child to engage in any worthless check or any check that is dishonored upon its presentment for payment and
sexual activity which does not constitute rape, by force or threat of force, putting them in circulation. The law includes all checks drawn against banks (Lozano v.
physical harm, or throughjafiroication_,directed against the woman or her child Martinez, G.R. No. L-63419, December 18,1986).
or her/his immediVarfinr; T 7 74..,,,,u,,
8. Engaging in pi;isposef now .a,1 epklOscoVuct, personally or through N. COMPREHENSIVE DANGERO#DROGS ACT OF20 02
another thatoalarTs r ca des.substanieemptionaW psychological distress (Secs 5;1415, and21, R.A. 916SA0lndedbyP.A.106
4 40)
to the wo /or he I . This shall include, bra noNeJimited to, the following Q: What are the punishable actsturd‘§pR„§„pf R.A. 91u,as amended?
acts: \-0- ANS: Sec. 5 punishes Sale, Iregrig,ktdinitiLdtreteP4p0e:pon, Delivery, Distribution
a. S n o followingpe wiiimap-or heilchild ipcpubltc or private places; and Transportation of dangerous aresand/or controlled precursors and essential
b. Pee n in the windoW orliiiingering outbidel eqesidence of the woman chemicals (ST2AD3)• 0 eitVr
her#hild; 14';. ‘ Maximum penalty shalWop imposed:
fe taring or Lmaining in Arie—l
hei child dgairidtTepthis
Dedtroying the prop
. 1m , •
will,
c -ifiel ing or on theopperty of the woman
1 I
nthzeisona ibelongirs-orInflicting harm to
1. If the illegal eCtililoties,trartspire ,V
school.yp...
045 ..AT'.:
Within one hundred
,ty u
(100) meters from the

i 1/).. .1 2. If t e Om of the dffe'nse ka minor or a mentally incapacitated individual, or

nimals p N of the W9 or her o t nd h $1
shouldta
.0
e. Eqggking`i Vorm haassmentio1 fence;
au ip,, dangerous drug and/orWbontrolled
....0-3,,,,herein pro precursor and essential chemical
, ,..- ,i- m involved lirany.offenseherein lided ,-,. lajtkiezproximate,,icause of death of a
9. Causi 64-Antal Aokonel 1.1151:vp Di! ridietle of A umiliation to the ,.
victim thereop94
woma for 1.16 chilvdijIhOydi bb jmiteeto, ;rated verbal and . , 4' li'"."
3. To any pespbriAdtbrganips, manages or act::i"fr n
"financier" of any of the
emotional abus and dr,f, pPort custod, of minor children of
illegal actiiities (SeC,k5, R.A. 9/4.
access 4 he worn 92 , Sec. 5
Note: Illegal Sale In prdethrO sustain 40,765:3T4(?p,:ior selling prohibited drugs, the
e, file a complaint for element of sale must KirriequivocallyledtabligheW,WhatMe law proscribes is not only
Q: Can any person, ha Itknowledge
the act of selling but also ,the actAgeliver ng. What is important is that the poseur-buyer
the same? received the drugs froNt‘ibilsed. (People v. Ponferada, G.R. No. 101004, March
ANS: Yes, it shall be considered ubliclffed 4iN-4ic may be prosecuted upon the
17, 1993).
filing of a complaint by any citizen ha iffnergbiralknowledge of the circumstances -4
"Deliver" under R.A. 9165 i s defined as "knowingly passing a dangerous drug to
involving the commission of the crime (R.A. 9262, Sec. 25).
another, personally or otherwise, and by any means, with or without consideration".
(People v. Jumao-as, G.R. No. 101334, February 14, 1994).
M. BOUNCING CHECKS LAW (Sec. 1, BP 22)
Q: Who are persons liable under B.P. 22? Q: Is presentation of the marked money necessary to establish the guilt of the
ANS: The persons liable are: accused?
1. Any person who makes or draws and issues any check to apply on account or ANS: No. The presentation of buy-bust money is not indispensable to the prosecution of
for value, knowing at the time of issue that he does not have sufficient funds in a drug case (People v. Angeles and Tan, G.R. No. 146805, January 16, 2003).
or credit with the drawee bank for the payment of such check in full upon its Note: While the Court has also had occasion to hold that presentation of the buy-bust
presentment, which check is subsequently dishonored by the drawee bank for money, as a lone defect, is not indispensable to the prosecution of a drug case, again it
insufficiency of funds or credit or would have been dishonored for the same raises doubts regarding the regularity of the buy-bust operation (People v. Martin, G.R.
reason had not the drawer, without any valid reason, ordered the bank to stop No. 193234, October 19, 2011).
payment;
2. Any person who, having sufficient funds in or credit with the drawee bank Q: What are the elements of illegal possession of dangerous drugs (Sec. 11)?
when he makes or draws and issues a check, shall fail to keep sufficient funds ANS: The following are the elements: (PINC)
or maintain a credit to cover the full amount of the check if presented within a 1. The accused is in Possession of the item or object, which is Identified to be
period of ninety (90) days from the date appearing thereon, for which reason it prohibited or regulated drug;
is dishonored by the drawee bank (B.P. 22, Sec. 1). 2. Such possession is Not authorized by law; and

406 407
 3. The accused freely and Consciously possessed the drug (People v. Trinidad, 0. Comprehensive Firearms and Ammunition Regulation Act
G.R. No. 199898, September 3, 2014). (Secs. 28 and 29, RA 10591)
Note: Constructive possession exists when the drug is under the dominion and
control of the accused or when he has right to exercise dominion or control over the Q: What are the punishable acts under Sec. 28?
place where it is found (People v. Trinidad, G.R. No. 199898, September 3, 2014). ANS: Sec. 28 punishes unlawful acquisition or possession of firearms and ammunition.
Unlawful possession can be aggravated by the following circumstances:
Q: What is the punishable act under Sec. 15 of R.A. 9165, as amended? 1. Loaded with ammunition or inserted with a loaded magazine;
ANS: Illegal use of dangerous drugs is committed by a person apprehended or arrested, 2. Fitted or mounted with laser or any gadget used to guide, the shooter to hit the
who is found to be positive for use of any dangerous drug, after a confirmatory test. target such as thermal weapon sight (TWS) and the like;
Note: This Section shall not be applicable where the person tested is also found to have 3. Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
in his/her possession such quantity of any dangerous drug provided for under Section 4. Accompanied with an extra barrel; and
11 of this Act, in which case the provisions stated therein shall apply. 5. Converted to be capable of firing full automatic bursts (R.A. 10591, Sec. 28).
Note: If the violation of this paragraph is committed by the same person charged with
Q: How is the chain of custody observed in handling confiscated, seized or the unlawful acquisition or possession of a Class-B light weapon, the former violation
surrendered dangerous drugs, paraphernalia, etc.? shall be absorbed by the latter (Id.).
ANS: The following steps are take_lo.the.cbakof custody of confiscated, seized or
Q: What are the punishable acts unde4ec. 29?
surrendered Dangerous Drugs ffiphernaljaripP,S=C&FOBS-SPT)
ANS: Sec. 29 punishes the use of lOpip'firearm in the commission of a crime.
1. Physical invento hoto.Api)31 Ohre 1,ferrpseized in the presence of the
were confiscated and/or It further provides that:
accused or jhe § !, Itorn-whom,vz.(ch re
1. The use of a loose firarrriy,Oen inherent in the commission of a crime
seized, orpis/hpr rptesentative or counseli,,y, vi angel j cted public official and
-e-cutionkereze•p_r e media who shall be punishable under the ROC;.,'Orbitlie'r special laws, shall be considered as an
a representatiVoatiorialy(61
aggravating circumstance;.logfit.'`:: :-_,J4n1-•.....2 ,.44
requiregftcS%igrelhe copies oltheteniory a d be.gliv3e• aopy thereof.
2. If the violation of thislAct iriYfpftheranC'6'c'f,l-abiii9Adent to, or in connection
Note: The physical Pent* anA. hdtograph, shall , , conducted at the place
with the crimpfrrebellion tsurrection, or attempted coup d' etat, such
wherefthe selrch Warrant is sari ; or at th_q nearest o'fo)iCe station or at the
$ ;14 is practicable, in violation shafiOe absorbed -de,:arblement of said crirties•
neart t2.-fficA of thp apprehending o icer team, whiCh 3. If the crime jeccililmitted,6Y the person withoutiusinci the loose firearm, the
case avarrantless 3beiztif0,-,a Ill r--V I
.il ../ 1 '- \ , .
2. SubrnitAetitems seized withiL.24- ovrsito the PDEA Forenyi•• Laboratory for a
qualifalive.a ,tt\d\\
d q a ative exeunt Afton;
violation,nythrs
(R.A. 10591, Sec129r „
Vial! be considered as a distincrand separate offense

3. gertifrivr f tl)e \ 7fa zt / iti . ionoitpin 24 hours from P. CYBERCRIltEPREVE6p0N ACT _ pF 2012 (Secs.T4,,to6,FER*F2017,5)
the re •eiPt o he gab),
the completion of tl-i `,9
.
,IfeTthe e of the subject does not allow
n Withm 24 hours, a partifil laboratory report
. ,
Q: What acts constitute
-
cLybercrime?
shall be' , and [floe rysnall Joe issued immediately upon ANS: The followi4cts.Iconetitute the offe0e of cybercrime:
completiorkof the said exakn tionAncl7ion; 1. Offenses against tik, confidentiality!, jntegrity and availability of computer data
4. Filing of the criminardaseln-do rj IN ' • ›,.., and systems:k,
5. Ocular inspe 'mir ed e ourt.,,o e`"ssubject seized, confiscated or a. IllecialifkOcess 74ThembeeesliP;116V.11010, or any part of a computer
surrendered; systernlwithougtitit
6. Within the next 2 hours, thNduk o destroying of the items in the b. IlleciaNntercbotion - The interception made by technical means
presence of the accusedc IrhigrCo sel, representative from the media, DOJ, without right tiOany non-public transmission of computer data to, from,
civil society, and any elected public official; or within a computer system including electromagnetic emissions from
7. Sworn certification of the burning or disposal is issued by the DDB; a computer system carrying such computer data.
8. Submission of the sworn certificate of destruction or burning to the court; c. Data Interference- The intentional or reckless alteration, damaging,
9. After promulgation of judgment by the court, the representative sample, with deletion or deterioration of computer data, electronic document, or
leave of court, shall be turned over to the PDEA which shall destroy the same electronic data message, without right, including the introduction or
within 24 hours from its receipt; and transmission of viruses.
10. The DDB shall be informed of the Termination of the case (R.A. 9165, Sec. 21, d. System Interference- The intentional alteration or reckless hindering
as amended by RA No. 10640). or interference with the functioning of a computer or computer network
by inputting, transmitting, damaging, deleting, deteriorating, altering or
Q: Will the non-compliance of the procedure provided in Sec. 21 render void and suppressing computer data or program, electronic document, or
invalid seizures of and custody over the said items or render the same electronic data message, without right or authority, including the
inadmissible? introduction or transmission of viruses.
ANS: No, non-compliance of these requirements under justifiable grounds, as long as e. Misuse of Devices -
the integrity and the evidentiary value of the seized items are properly preserved by the i. The use, production, sale, procurement, importation,
apprehending officerfteam, shall not render void and invalid such seizures and custody distribution, or otherwise making available, without right, of:
over said items (R.A. 9165, Sec. 21, as amended by RA No. 10640; People v. Ancheta, aa. A device, including a computer program, designed or
G.R. No. 197371, June 13, 2012). adapted primarily for the purpose of committing any of
the offenses under this Act; or
408 409
 bb. A computer password, access code, or similar data by Note: This provision was declared void and unconstitutional. To
which the whole or any part of a computer system is prohibit the transmission of unsolicited ads would deny a person the
capable of being accessed with intent that it be used for right to read his emails, even unsolicited commercial ads addressed to
the purpose of committing any of the offenses under this him. Unsolicited advertisements are legitimate forms of expression
Act. (Disini v. Secretary of Justice, G.R. No. 203335, February 11, 2014).
ii. The possession of an item referred to in paragraphs 5(i)(aa) or d. Libel — The unlawful or prohibited acts of libel as defined in Art. 355 of
(bb) above with intent to use said devices for the purpose of the RPC, as amended, committed through a computer system or any
committing any of the offenses under this section. other similar means which may be devised in the future (R.A. 10175,
f. Cvber-sguaftinq The acquisition of a domain name over the internet Sec. 4). Section 4(c)(4) that penalizes online libel is valid and
in bad faith to profit, mislead, destroy reputation, and deprive others constitutional with respect to the original author of the post; but void
from registering the same, if such a domain name is: and unconstitutional with respect to others who simply receive the post
i. Similar, identical, or confusingly similar to an existing trademark and react to it (Disini v. Secretary of Justice, G.R. No. 203335,
registered with the appropriate government agency at the time February 11, 2014).
of the domain name registration: Note: An offender cannot be charged with both online libel under this
ii. Identical or in any way similar with the name of a person other section of R.A. 10175 and Art. 353 of the RPC as this constitutes a
than the registrantrimcase
_,... of a personal name; and violation of the proscription) against double jeopardy (Disini v. Secretary
iii. Acquted?i ihou rig t o w tellectual property interests in it. of Justice, G.R. No. 20330, February 11, 2014).
2. Computer-relatithIfferms:
a. Compat '-relarted-Forger*--.J.
(ter Q: What are the other offenses punis,hpb% under R.A. 10175?
i. ,The\in tralteration, or dele4 of ally computer data without ANS: The following acts shall alsoAnslitiltpan offense:
righ ?..s„ulting—ligridtithentt datkyvit he intent that it be 1. Aiding or Abetting in theTpolpsiollof Cyberprime. — Any person who
Allr\cg sidpred 9,5) aor .gpon fa( legal,p_rposes as if it were willfully abets or aidsinihee,cdpin*alk:Ofiany,ofttie offenses enumerated in
alithe tic, reggrd19.4s w1'ether o notlthO data is directly readable this Act shall be leldliable.
and i elligible; 2. Attempt in Are Commission Cybercrime. —1*riy person who willfully
The ac o nowiqg y using computer %mli ch is the product attempts to Comrrjit any of tlieaffenses enumerated .; in this Act shall be held
of corpueelTe :It4I fc0-1(Was defined ereinior the purpose of liable (R.A. lfra:175App/5).
perpefuatin4ta' rekuta tor dishonest e'sign Note: All crimes defined
,„ aricpenalized bylhe RPC, as amended and special laws, if
committed by, through and with these of information and communications
b. Computer -felated—F ird-17
. , Theyt
i
rtal ,input, alteration, or technologies,ghailte
tem co,iiele,c.:1 by pe relevant provisi9nsf th4,Act.(R.4. 10175, Sea 6).
2."
6I filefit °N O' ''4er datalZpirpgra intefferenc gin the functioning ).
e theeby wii fraudulent intent: Q: What is the,Tenalty;Sciimes.rdefinetcj. and penaliiedkbOhe RPC and special
1 a co puth
yet been used, the penalty laws are commitvotbyt through and with the use of information and
'Piovide tha
inkosable all ey r req owe" communications technologies? VI/
116f{:"Th intentional acquisition, use, ANS: The penalty to be...imRgsed shall baleirfEraVdegree higher than that provided for
c. Computer-related-4denti
i'posaessictriroZrVoj pi' deletion of identifying by the RPC, as amended14.and speciahlaw0gthb7Caienay be (RA 10175, Sea 6).
misugb trA 0.77 ' "
t e , iletternatural or juridical, without V.
informatio ding tqk aqot
right: Providid That if Wafflagag yet been caused, the penalty Q. Human Security Aitat:2007 (Secs. 3 to 6, R.A. 9372)
tet
imposable shall beirre.(4.).degre're lower. Q: Who are liable for terrorism?
3. Content-related offenses: ANS: Any person who commits an act punishable under any of the following provisions:
a. Cvbersex — The willful engagement, maintenance, control, or 1. Under the Revised Penal Code:
operation, directly or indirectly, of any lascivious exhibition of sexual a. Art. 122 (Piracy in General and Mutiny in the High Seas or in the
organs or sexual activity, with the aid of a computer system, for favor or Philippine Waters);
consideration. b. Art. 134 (Rebellion or Insurrection);
b. Child Pornography — The unlawfiil or prohibited acts defined and c. Art. 134-a (Coup d' Etat), including acts committed by private persons;
punishable by R.A. 9775 or the Anti-Child Pornography Act of 2009, d. Art. 248 (Murder);
committed through a computer system: Provided, That the penalty to e. Art. 267 (Kidnapping and Serious Illegal Detention);
be imposed shall be (1) one degree higher than that provided for in f. Art. 324 (Crimes Involving Destruction), or
R.A. 9775. 2. Under the following Special Penal Laws:
Note: An offender cannot be charged with both child pornography a. P.D. 1613 (The Law on Arson);
committed online under this section of R.A. 10175 and R.A. 9775 or the b. R.A. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Anti-Child Pornography Act of 2009 as this constitutes a violation of the Control Act of 1990);
proscription against double jeopardy (Disini v. Secretary of Justice, c. R.A. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
G.R. No. 203335, February 11, 2014). d. R.A. 6235 (Anti-Hijacking Law);
c. Unsolicited Commercial Communications — This section penalizes e. P.D. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
the transmission of unsolicited commercial communications, also f. P.D No. 1866, as amended (Decree Codifying the Laws on Illegal and
known as "spam."
410 411
 Unlawful Possession, Manufacture, Dealing in, Acquisition or R. NEW ANTI-CARNAPPING ACT OF 2016 (Secs. 3 to 4, R.A.10883)
Disposition of Firearms, Ammunitions,or Explosives)
thereby sowing and creating a condition of widespread and Q: What is carnapping under R.A. 10883?
ANS: Carnapping is the taking, with intent to gain, of a motor vehicle belonging to
extraordinary fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand shall be guilty of the another without the latter's consent, or by means of violence against or intimidation of
persons, or by using force upon things (R.A. 10883, Sec. 3).
crime of terrorism (R.A. 9372, Sec. 3).
Q: What is the penalty for commission of acts considered as terrorism under R.A. Q: What are the penalties for carnapping R.A. 10883?
ANS: Any person who is found guilty of carnapping shall, regardless of the value of the
9372? motor vehicle taken shall be punished accordingly:
ANS: Forty (40) years of imprisonment, without the benefit of parole as provided for
under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended ' . ' Punishable Act • Penalty
(R.A. 9372, Sec. 3).
When the carnapping is committed Imprisonment for not less than twenty
Q: When is there a conspiracy to commit terrorism under R.A. 9372? without violence against or intimidation of (20) years and one (1) day but not more
ANS: There is conspiracy when two or more persons come to an agreement concerning persons, or force upon things than thirty (30) years
the commission of the crime of terrorism as defined in Section 3 hereof and decide to
commit the same (R.A. 9372 Se . ). When the carnapping is committeda Imprisonment for not less than thirty (30)
eN. . 1 1 .144.47ts of
k .. 'N.. .
terrorism under R.A. 9372? means of violence against or intifiliptichi, years and one (1) day but not more than
Q: Who is an accomplice oy?mptssion ot1
of persons, or force upon things.' • '' Vorty (40) years
ANS: Any person wh,Cno be no,,,asptinT6ATTride rttleo 1.e RPC or a conspirator ::,
as defined in Secgon' he#edf, c__ ooperate,s_j*e execti f either the crime of 7 -......•:' •,' V ...,...
terrorism or cons ' cy 6 co rffinerrorkm by ptevia);\ or ltaneous acts (R.A. When the owner, driver, or occiii5driftpfj; TLifeAinpdponrrsight
9372, Sec. 5).
•Kkr
., the carnapped motor vehiclVs killeckore
P aA z: ia raped in the commission of the they t
Q: Who is an isce§qry for pommissignOf acts of tirrorisvisyndel; R.A. 9372? carnapping. , :.4
N
ANS:Any person„eolhavinq knormOdge 'et thepcpgmission ofktlje.crupe of terrorism or
conspiracy to !commit terrorism, 'afid,,,-Wii ciul tavingf particietedittprein, either as (R.A. 10883, Sec. 3).4V`
principal or ac•opplice unde %(krts. If7-.r.).Cli-U2ciPthe RP.C„takerplTit 'subsequent to its
commission in ?nrof the fqjlo Tg_manrib • -.7- ' s- / . ,,,I Q: When is 10,!:,eniegitiw der R.A. 10883
1. By profifipl \ . imeip r assitirig
Th,.., tbe'ioffe dar-to profeb,y the effects of the ANS: Bail is ON) ie chwberl'Ask 4.,
l'' .;'-..›, /./. ''•••
crimel,V Ve\ .1 'NV
1. A perton is charged with,..CArnappitlg;
2. By conealing \or destro. i0 t gdy.,o the or the effects, or 2. The criine,,orgafnaoping is:corm-0*d by criminal groups, gangs or syndicates;
instrumeqts thereg inia)....t6V e_e_nt:kts\d ‘iscoyelYI 3. The crimelpf2oarnapping is committed by means of violence or intimidation of
3. By harboNg, corice,alira@f ras,ilaisis:...ih hve esca e of the principal or any person'orapersols or forced ppoRthOgs;
conspirator of the chine (1342:1 ,.jsp.6). 4
-2_7-S 4. When the ow(l.rAleiver,,pnkelAKKO,O;OMplof the carnapped vehicle is
Ns4 ' --Vill killed or rapeitin the cotASe'ofth-e6arti'd6piiieanii
Q: What is the Penalty for4,the-censpi4t,iir,/4 ';\\ \ -Ace and Accessory Terrorism
::>iptj 5. the evidence bfigqilt isYetiong (R.A. 10883, Sec. 3).
1 L.-..)..
under Sec. 4 to 6 of R.A. 9372?1•V I 16,kf•-•,k;
ANS: The penalties under R.A. 9372 are Wr011ows: ' Q: What is the penalty for -Concealment of carnapping under R.A. 10883?
Role Pen4lty • ., ANS: Any person who conceals carnapping shall be punished with imprisonment of six
(6) years up to twelve (12) years and a fine equal to the amount of the acquisition cost
Conspirator Forty (40) years of imprisonment of the motor vehicle, motor vehicle engine, or any other part involved in the violation
(R.A. 10883, Sec. 4).
From seventeen (17) years, four months one day to
Accomplice
twenty (20) years of imprisonment Q: Who shall be liable if the violator is a juridical person under R.A. 10883?
ANS: The penalty herein provided shall be imposed on its president, secretary, and/or
Ten (10) years and one day to twelve (12) years of
Accessory members of the board of directors or any of its officers and employees who may have
imprisonment directly participated in the violation (R.A. 10883, Sec. 4).
The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their Q: What are the additional penalties if the violator is a public official or employee
spouses, ascendants, descendants, legitimate, under R.A. 10883?
natural, and adopted brothers and sisters, or relatives ANS: Any public official or employee who directly commits the unlawful acts defined in
by affinity within the same degrees, with the single this Act or is guilty of gross negligence of duty or connives with or permits the
exception of accessories falling within the provisions of commission of any of the said unlawful acts shall, in addition to the penalty prescribed in
subparagraph (a). the preceding paragraph be dismissed from the service, and his/her benefits forfeited
and shall be permanently disqualified from holding public office (R.A. 10883, Sec. 4).

412 413
 gnR;Ertti4t4*,11,”;1 ?

i ,63k;t '
S. OBSTRUCTION OF JUSTICE LAW (Sec. 1, PD 1829) T SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND
Q: What are the punishable acts under P.D. 1829? DISCRIMINATION ACT (Secs. 3[aJ, 5, and 10, R.A. 7610)
ANS: The penalty provided for in Section 1, P.D. 1829 shall be imposed upon any Q: What is the definition of "Children" under R.A. 7610?
person who knowingly or willfully obstructs, impedes, frustrates or delays the ANS: "Children" refers to person below eighteen (18) years of age or those over but are
apprehension of suspects and the investigation and' prosecution of criminal cases by unable to fully take care of themselves or protect themselves from abuse, neglect,
committing any of the following acts: cruelty, exploitation or discrimination because of a physical or mental disability or
1. Preventing witnesses from testifying in any criminal proceeding or from condition (R.A. 7610, Sec. 3(a), as amended).
reporting the commission of any offense or the identity of any offender/s by
means of bribery, misrepresentation, deceit, intimidation, force or threats; Q: What acts are considered as child prostitution and other sexual abuse under
2. Altering, destroying, suppressing or concealing any paper, record, document, R.A. 7610?
or object, with intent to impair its verity, authenticity, legibility, availability, or ANS: Children, whether male or female, who for money, profit, or any other
admissibility as evidence in any investigation of or official proceedings in, consideration or due to the coercion or influence of any adult, syndicate or group,
criminal cases, or to be used in the investigation of, or official proceedings in, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited
criminal cases; in prostitution and other sexual abuse (R.A. 7610, Sec. 5, as amended).
3. Harboring or concealing, or facilitating the escape of, any person he knows, or
has reasonable grouncioto'te tiEr'cir.au_spect,
il has committed any offense Q: Who are persons liable under R.A. 7610 or the Anti-Child Abuse Law?
under existing peallaws in or IV:Orel/el:4 his arrest prosecution and ANS: The following are liable for chilaprostitution and other sexual abuse:
conviction; ----N Pk1, Ni i 1 --....,,., 1. Those who engage in or promote or induce child prostitution which
4. Publicly using, fictitVfinam'forlir e t -gurpos9„or c,gNealing a crime, evading include, but are not limitedlo, theYrfollowing:
thAxecutio merlIN:14- concealing his true name and a. Acting as a procurer:ofa,010Rrostitute;
other pessopal‘cifcTmstances forithe samepurpose or,pirposes; b. Inducing a person to beA:plierit.pfd:chiid prostitute by means of written
5. Delayirp Atha prosecution of 901W cases bNi5fstrudting the service of or oral advertisements orbther similar means',
process or art orders t
cif dgtcli'.birib- proceedings in thd‘ifiscal's offices, in c. Taking .advantage of influence or relationship to procure a child as
Tanorpaya for in le courts; . Vi' ‘ prostitute;
1 •
6. Makigg retenting or •using any record, dpcumelitr-pa'per or object with d. Threatening or using violence towards a child to engage him as a
17
knowledge of its falsity :. and with iriterttlb ffe
; vl a f .
ct the course)
i---1 oor outcome of the prostitute; or
I,. „A 1
investigaliort.of, pr-ficial proceedings ' in, crimipal)casps; 1 n e. GiN:-/ifig monetary consideration goods or other pecuniary benefit to a
7. Soliciting— , d‘cepitingV kv-agreelhg=to-accept4aiiy bdpefit in./ consideration of child with intent to engage4'Such child in prostitution.
abstaintg from, \ji5countine OrprORdcljrigt.the p osecytion of a criminal 2. Those who commit the actof sexual intercouTsetof lasbivious conduct with a
offender;, -,",,,,, : _1 - ,;...,,,,,X.N7/ child exploited in prostitution or subject to other sexual abuse.
8. ThreateQing directly bitAtectly pr,the5v4h thekflictionrof any wrong upon Note: When the victim is under twelve (12) years of ace the perpetrators shall
his persoQ, honoN,E prbtp‘, :6-rthatiqn\l, immediate Vmber or members of be prosecuted under Art. 335, paragraph 3, for rape and Art. 336 of Act No.
his familyIg order , tcipLeVe t bgdirf kersonyorn.,app9ring in the investigation 3815, as amended, the RPC, forreppIertascivious conduct, as the case may
of, or officiaTARroceeep sAlQ, crirrifrTarases,Aor irripping a condition, whether be. '
lawful or unla41p ,) prdzep,Wperaon from appearing in the Provided, that the penalty for lascivious conduct when the victim is under
investigation of or irofficia 'l procelc:iipgs\irtcrirdinal cases; and twelve (12) years of age shall be reclusion temporal in its medium period
9. Giving of false or rkticatednfOrniation to mislead or prevent the law (People v Ricalde, O.R. No. 211002, January 21, 2015).
enforcement agencies from apprehending the offender or from protecting the 3. Those who derive profit or advantage therefrom, whether as manager or
life or property of the victim; or fabricating information from the data gathered owner of the establishment where the prostitution takes place, or of the sauna,
in confidence by investigating authorities for purposes of background disco, bar, resort, place of entertainment or establishment serving as a cover
information and not for publication and publishing or disseminating the same to or which engages in prostitution in addition to the activity for which the license
mislead the investigator or to the court (P.D. 1829, Sec. 1). has been issued to said establishment (R.A. 7610, Sec. 5, as amended).

Q: How are the acts punishable under P.D. 1829 penalized? Q: Who else are liable for other acts of neglect, abuse, cruelty or exploitation and
ANS: The acts mentioned are punishable by laws providing for their respective other conditions prejudicial to the child's development under R.A. 7610?
penalties. However, should a higher penalty be prescribed by any other law, the higher ANS: They are the following:
penalty shall be imposed (P.D. 1829, Sec. 1). Additionally, if the acts mentioned are 1. Any person who shall commit any other acts of child abuse, cruelty or
committed by a public official or employee, he shall, in addition to the penalties provided exploitation or to be responsible for other conditions prejudicial to the child's
thereunder, suffer perpetual disqualification from holding public office (P.D. 1829, Sec. development including those covered by Art. 59 of P.D. 603, as amended, but
2). not covered by the RPC, as amended;
2. Any person who shall keep or have in his company a minor, twelve (12) years
or under or who in ten (10) years or more his junior in any public or private
place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or
massage parlor, beach and/or other tourist resort or similar places;

414 415
 Note: This provision shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond recognized by law, local
custom and tradition or acts in the performance of a social, moral or legal duty.
3. Any person who shall induce, deliver or offer a minor to any one prohibited by
this Act to keep or have in his company a minor as provided in the preceding
paragraph
Note: should the perpetrator be an ascendant, stepparent or guardian of the
minor, the penalty to be imposed shall be prision mayor in its maximum period, RAYMOND F. RAMOS
a fine of not less than Fifty thousand pesos (P50, 000), and the loss of Subject Chair
parental authority over the minor.;
4. Any person, owner, manager or one entrusted with the operation of any public KAREN JOY D. TECSON
or private place of accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any person to take along Assistant Subject Chair
with him to such place or places any minor herein described;
5. Any person who shall use, coerce, force or intimidate a street child or any ROMAINE D. NUYDA
other child to: Subject Electronic Data Processing
a. Beg or use begging
o asa mga living;
b. Act as cgriduit o iddlezgh i giraffibleg or pushing; or
c. Conde ny i ega ivities .Z610, Se 10, as amended).
,f.es SUBJECT HEADS
Q: What are the sffectOR. 76101:171Weimposa le\penakes for some crimes
under the RPC co I ed a ainstrjptikTis unfier ivekc2) its ac of age?
1
bn the penai6s .'re as follows
ANS: The effect/6f R. piol Civil Procedure JASMIN N. APOSTOLES
tr) MARLO P. DIMACULANGAN
Criminal Procedure VIKTOR KEVIN S. RUBIO
` Evidence
C4 1,7 Perpetua
I ALYSSA CHRISTINE C. DELA CRUZ
Reclusion Special Civil Actions JOSHUA V. CONSTANTINO
r Special Proceedings VINCE NOEL L. LUPANGO
Homicide

Other Intentiokl Mutilaton< SUBJECT MEMBERS

Serious Physical It S(..117,1\,11 RUIZA V. TOLENTINO FLORENCIO F. STA. ANA III

VICTOR I. ALMAZAR MATT LORENZ D. QUIAMBAO
Qualified Seduction
4-9 , On (4,1);19ree higher than that imposed MA. LALAINE T. BALOLOY JENNIFER FAITH A. MONDIGO
KIMBERLY ANN I. HONRALES PATRICIA BENILDA S. RAMOS
I NAP Vm GIANCARLO LORENZO S. GEMPIS
Acts of Lasciviousness with COfigtnt.-- MARY JOIE S. TECSON
GELAINE P. MARANAN ANNE KATHLEEN S. VICHO
of the Offended Party PETER PAUL P. CAGURANGAN IRIS L. MENDIOLA
NEIL KIRBY L. ADA
Corruption of Minors

White Slave Trade ADVISER

(R.A. 7610, Sec 10). Atty. FRANCESCA LOURDES M. SESIGA

416
 B. RULE-MAKING POWER OF THE SUPREME COURT
REMEDIAL LAW Q: State the Rule-making power of the Supreme Court.
ANS: The Supreme Court has the constitutional power to promulgate rules concerning
the protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the Integrated Bar, and
legal assistance to the underprivileged (CONST., Art. VIII, Sec. 5, Par. (5)).
Q: What is Remedial Law?
ANS: Remedial law prescribes the method of enforcing rights or obtains redress for their Q: Does the Supreme Court have the Power to Disapprove Rules of Procedure of
invasion (People v. Moner, G.R. No. 202206, March 5, 2018). Special Courts and Quasi-Judicial bodies?
ANS: Yes. Rules of procedure of special courts and quasi-judicial bodies shall remain
A. SUBSTANTIVE LAW VS. REMEDIAL LAW effective unless disapproved by the Supreme Court (CONST., Art. VII, Sec.5, Par. (5)).
Q: What are the differences between Substantive Law and Remedial Law?
Limitations in the Rule Making Power of the Supreme Court
ANS: The following are the differences: (DVAO)
Q: Give the limitations on the Rule-making power of the Supreme Court.
Substantive Law ANS: The following limitations are impoSed by the Constitution on the Rule-making
As to Defiriition power of the Supreme Court: (SUN) •
1. The Rules shall provide a-Sit-hp/TO and inexpensive procedure for the speedy
Substantive law is thpKarl‘oflae- laws' eat 15livrescribes the method of disposition of cases; :
which creates, delin,s 10,r,egti ates enforcinki:igh(sirbtaining redress for 2. The Rules shall be Uniform fcircbbits of the same grade; and
rights, or whichdregur,eythghts- ,theiriv , asn
io 04> 3. The Rules shall Not (DIM),
and duties which gi eNse tp-E cwse
of action (Id.). /
tUl
I
, As to creation of Vested,rights •
P a. Diminish;
b. Increase: or
c. Modify'substantive rights (CONST., Art. VIII/ Sec. 5, Par. (5)).

Substantive lavrcreates vested ngl)ts-., Nol:eSted lights ma attach or arise from Power of the Supreme Court to Amend and Suspencl Procedural Rules
it4 emedial law (Calacala-v. Republic, G.R.
If the Rule tikes...TA/ay e-VOssled 15441' Aly 28, 2005), Q: Does the Supreme Court h'ave the s011,eipower to amend procedural Rules?
it is not procedprpl>lif the,,5Tt:.ile‘
creaTes • ANS: Yes. Tpe.),Suprenielpourt has thetmle prerogative to amend, repeal, or even
kz
a right such has-the Nght`,afteaylt i establish new :Rules for_a more simplifieOnd inexpensive process, and the speedy
may be classified a sgbsStktivei disposition of cases (Neypes v. CA.,'-aR. F461141524, Sepedinber 14, 2005).
f4y
matter; but if it operate Ns.asrrkeaQs'of,,,,
implementing an'qxisting right tbrfithe-, Q: Does the Supreme Court.have the podiver to suspend procedural Rules?
rule deals merely with 'prcceclurk ANS: Yes. The courts have the power to 1:el'eX'or,A`4?end technical or procedural Rules
(Fabian v. Desie or to except a case froMqheir oReVionl-wbeilAgripettiriglreasons so warrant or when
129742, September 16, 99801 1 the purpose of justice requiresit. What constitutes good and sufficient cause is
discretionary upon the ccurtsql-leirs of Villagracia v. Equitable Banking Corporation,
Ai to Application, G.R. No. 136972, March 28, 2008).
Substantive law is prospective in Remedial law is construed to be applicable
to actions pending and undetermined at C. PRINCIPLE OF JUDICIAL HIERARCHY
application (Spouses Tirona v. Alejo,
G.R. No. 129313, October 10, 2001). the time of their passage, and are deemed Q: Discuss the Principle of Judicial Hierarchy (Hierarchy of Courts).
retroactive in that sense and to that extent ANS: Where courts have concurrent jurisdiction over a subject matter, a case must be
(Calacala v. Republic, supra), except if it filed first before the lowest court possible having the appropriate jurisdiction, except if
impairs vested right. one can advance a special reason which would allow the party a direct resort to a higher
court (1 RIANO, Civil Procedure: The Bar Lecture Series (2016), p. 43 [hereinafter
As tb•Origination . •, RIANO, Civil Procedure]).
Substantive law originates from the Remedial law does not originate from the
legislature. legislature, but has the force and effect of Q: What is the rationale for the Principle of Judicial Hierarchy?
law (Alvero v. De La Rosa, G.R. No. L- ANS: The rationale is two-fold: (a) it would be an imposition upon the limited time of the
They are not embraced by the rule- 286, March 29, 1946) if not in conflict with court; and (b) it would inevitably result in a delay, intended or otherwise, in the
making power of the Supreme Court substantive law. adjudication of cases, which in some instances, had to be remanded or referred to the
(Primicias v. Ocampo, G.R. No. L- lower court as the proper forum under the rules of procedure, or as better equipped to
6120, June 30, 1953). The Supreme Court is expressly resolve the issues because the Supreme Court is not a trier of facts (People v.
empowered to promulgate procedural Azarraga, G.R. Nos. 187117 and 187127, October 12, 2011).
rules CONST., Art. VIII, Sec. 5, Par. 5 .

418 419
 '',417Vo.14Ms

Q: Is the Principle of Judicial Hierarchy absolute? A. CLASSIFICATION OF JURISDICTION

ANS: No. In several cases, the court has allowed direct invocation of the Supreme Original vsAppellate
Court's original jurisdiction on the following grounds: (C-SWINE)
1. When there are genuine issues of Constitutionality that must be addressed at Q: What are the differences between Original and Appellate jurisdiction?
the most immediate time (The Diocese of Bacolod v. Commission on ANS: The following are the differences between Original and Appellate jurisdiction:
Elections, G.R. No. 205728, January 21, 2015); ••
2. When there are Special and important reasons clearly stated in the petition; Original Jurisdiction Appellte Juilsctiction •
3. When dictated by public Welfare and the advancement of public policy; As to Nature
4. When demanded by the broader Interest of justice;
5. When the challenged orders were patent Nullities; or Original jurisdiction is the power of the Appellate jurisdiction is the power and
6. When analogous Exceptional and compelling circumstances called for and court to take judicial cognizance of a authority conferred upon a superior
justified the immediate and direct handling of the case (Republic v. Caguioa, case instituted for judicial action for the court to rehear and determine causes
G.R. No. 174385, February 20, 2013). first time under the conditions which have been tried in lower courts,
prescribed by law (1 TAN, Civil the cognizance which a superior court
D. DOCTRINE OF NON-INTERFERENCE/JUDICIAL STABILITY Procedure: A Guide for the Bench and takes of a case removed to it, by appeal
the Bar (2017), p.3 (hereinafter T41y,N or writ of error, from the decision of a
Q: What is the Doctrine of NAn-Ifite Civil Procedure]). lower court, or the review by a superior
ANS: Courts of co-equal,nd coordinate ju9sdictIcin ranay:noet interfere with or pass upon court of the final judgment or order of
each other's orders or proc.essecppu-l_apta2evelopmienf,arq Housing Corp. v. Group some lower courts (1 TAN, supra at 4).
Management Corp., R. No.4,44407, SeptemberA09 I2002)qt also bars a court from
reviewing or interfoerin"thAhe judgment-of-a-zo-equalfcourt over which it has no As to Courts Which Have Such Jurisdiction: ,•-•"
. No. L-101041,
appellate jurisdigtion or power of ,review (Vglarnori
November 13, 1991 A court is one with 5:ssigirial jurisdiction A court is one with appellate jurisdiction
( when actions or ;`'proceedings areli when it has the'power of review over the
Q: Does the Doctrine of NonzInterferenc'e-apply-to-administrative bodies? originally filed with it (I RIANO, supra ati decisions or orders of a lower court (1
ANS: Yes. Settled-4s, the rule thatTwbete
-
,the:.lavii provides for anappeal from the
_.i ',.. 47). RIANO, supta'at 47).
tl 4 1
decisions of administrative bodies kr:thei -upreme Court or he-dpUrt of Appeals, it
means that sulf-15blies ae---0-,equal Witifith#1Regionailrfial alurts in terms of rank and
stature, and logipallyAbeyd: :tti-e—CbritIO1:15rttie-Tetter:LJ-lenqe.i,the trial court cannot Genera/ vs Special .
interfere with teiddclion\ID tich adrniiiStretivel:?Odies (Philippine Sinter Corp. v.
Q: What are the,diffel-enc,s, between General and Specialpyisdiction?
Cagayan Electnc.Powerk& Light: po,, Inc., 6.1V.No./1.27371, April 254002).
,,,, / ANS: The followingiare,th4ifferences betwen General and Special jurisdiction:
' ;?
• -/'•.,/ te,

1) - -r
1 : t
, , ,
N
e General Jurisdiction Special JurisdictiOn
As to Nature
Q: Define Jurisdiction. }-1 1\4 At: 'C';
ANS: Jurisdiction is the power and authontylle,coUrt to hear, try, and decide a case
General jurisdiction is4he p9:Wer of the Special or limited jurisdiction is one
which restricts the court's jurisdiction
court to adjudicate al14.1p6ntroversies
(Barangay Mayamot, Antipolo City v. Antireilo City, G.R. No. 187349, August 17, 2016), except those expressly withheld from only to particular cases and subject to
as well as to enforce or execute its judgments or final orders (Echegaray v. Secretary of the plenary powers of the court. It such limitations as may be provided by
Justice, G.R. No. 132601, January 19, 1999). extends to all controversies which may the governing law. It is confined to
be brought before a court within the particular causes, or which can be
Q: Is jurisdiction substantive or procedural? legal bounds of rights and remedies (1 exercised only under the limitations and
ANS: Both. Jurisdiction over the subject matter is substantive as it is conferred by TAN, supra at 3). circumstances prescribed by the statute
the Constitution or by law; while jurisdiction over the person is acquired by his (1 TAN, supra at 3).
voluntary submission to the authority of the court or through the exercise of its coercive
processes and is therefore, procedural. Jurisdiction over the res is obtained by actual As to Courts Which Have SuCh Jurisdiction •
or constructive seizure placing the property under the orders of the court (Zamora v. CA,
G.R. No. 78206, March 19, 1990), and is also procedural. Courts of general jurisdiction are those Courts of special (limited) jurisdiction
with competence to decide on their own are those which have jurisdiction only
jurisdiction and take cognizance of all for a particular purpose or are clothed
cases, civil and criminal, of a particular with special powers for the performance
nature (1 RIANO, supra at 47). of specified duties beyond which they
have no authority of any kind (1 RIANO,
supra at 47).

420 421
 B. DOCTRINES OF HIERARCHY OF COURTS AND CONTINUITY OF JURISDICTION
Courts which have the competence to
exercise jurisdiction over cases not Doctrine of Hierarchy of Courts
falling within the jurisdiction of any Q: What is the Doctrine of Hierarchy of Courts?
court, tribunal, person, or body ANS: The court will not entertain direct resort to it unless the redress desired cannot be
exercising judicial or quasi-judicial obtained in the appropriate courts or where exceptional and compelling circumstances
functions (B.P. Blg. 129, Secs. 19 & 20). justify availment of a remedy within and calling for the exercise of primary jurisdiction (1
TAN, supra at 37).

Exclusive vs Concurrent Doctrine of Adherence of Jurisdiction

Q: What are the differences between Exclusive and Concurrent jurisdiction? Q: What does the Doctrine of Adherence of Jurisdiction (Continuity of
ANS: The following are the differences between Exclusive and Concurrent jurisdiction: Jurisdiction) mean?
ANS: The doctrine provides that once a court has acquired jurisdiction, such jurisdiction
. . • •. • .
Exclusive Jurisdiction . , • Concurrent,NritdicVon ,. cannot be ousted by subsequent events, although they be of a character which would
.• • , 2. have prevented jurisdiction from attaching in the first instance. Once jurisdiction has
AS to Nature , •.. • been acquired, it continues until the court finally disposes of the case (Barrameda v.
•
..00' ' ‘ ,--'4a, Rural Bank of Canaman, Inc., G.R.,No. 176260, November 24, 2010).
Exclusive jurisdiction 13,0the cower 19 j cTpurrtto, ..,j4.1, risdiction is the power
adjudicate a case or,oprredito the conferredk9n4fferent courts, whether
C.JURISDICTION OF VARIOUS PHILIPPINE COURTS
exclusion of all other c?,,ut-ts - i- f- that of theA!me or, .,0 \di rent ranks, to take
stage (1 TAN, su a4 3). ,—cogotzance •.,t.,the same stage of the Q: Give an outline of the jurisdiCtion,of,coustsf.19 civil cases.
same cisNh,,,,the Isame or different ANS: The following are the jurisdiction.datatiliildiWcpses.
1,1‘
itidicial territoneslr1TAN, supra at 4).
1 1: Civil Cases Supreme Court
Where—there is voncurrent jurisdiction, 4.?
the ,courtifirst taking"dognizance of the Petitions, for certiorari, prohibition, or mandamus against:
case assumes 1 jurisdiction to the 1: Court of Appeals (*Wary Act of 1948, Sec. 17);
7: extlusioprof;-the other courts (1 RIANO, ''42. Commission on EleCtions (CONST: Art.c.IX, Sec. 7);
c---- 3. Commission on AudityCONST. Art. IX, Sec. 7);
—su ra 149 -,
, . \--
,r\I \''- ,-• 13 .9 4-).---e- ,• .Exclusive 4. Sandiganbayan (P.D:frNo. 1606,fas,arnended);-and
As to the Courts Which Have Such'Juiisdietion
. ' Original 5. Court„of Appeals Na V28Z'.2spr therwise known as The
X
The following .ar4e examples
'kk \' .‘".Jrts1, -1-----(
'5)r;c9L t' ____hz 'fio lowipg
i
' are examples of courts
law Creating the Court of Tax Appeals).

having exclusive oKal junsdicfekry; "IF:1, rtiyypd gmcurrent original jurisdiction: Disciplinary proceedings againstj members of the Bar and court
1. MTC having exclujsioriginal-1-1:SC,— hacfing concurrent original personnel (CONST. Art.0.%1111,:Sec. 6; RULES OF COURT, Rule 56).
jurisdiction over cRrsYcei forcible jurisaiction ith RTC in cases
..:-,. t With the RTC:
entry and unlawful deteineVafP. Blg [ fffjectlag ambassadors, other public
Cases affecting ambassadors, other public ministers, and consuls
129, Sec. 33, Par. (2)); ''''''',,, ministers, and consuls (CONST.,
• Concurrent (B.P. Blg. 129, otherwise known as The Judiciary Reorganization
2. RTC having exclusive original ART. Viii, Sec. 5; B.P. Blg. 129, Sec.
Act of 1980, Sec. 21, Par. (2); CONST., Art. Viii, Sec. 5, Par. (1)).
jurisdiction over all civil actions in Sec. 21, Par. (2)).
which the subject matter of litigation 2. SC having concurrent original Note: While With the CA:
is incapable of pecuniary estimation jurisdiction with the CA in petitions for the Rules 1. Petitions for certiorari, prohibition, or mandamus against:
(B.P. Blg. 129, Sec. 19, Par. (1)); certiorari, prohibition, and mandamus provide for a.RTC (B.P. Big. 129, Sec. 21, Par. (1));
3. CA having exclusive original against the RTCs (CONST., ART. concurrent b.Civil Service Commission (R.A. No. 7902, otherwise known
jurisdiction over actions for VIII, Sec. 5; B.P. Blg. 129, Sec. 9, jurisdiction as An Act Expanding the Jurisdiction of the Court of
annulment of judgments of the RTC Par. (1)); among the Appeals);
(B.P. Blg. 129, Sec. 9, Par. (2)). 3.SC having concurrent original RTC, CA,• c.Central Board of Assessment Appeals (P.D. No. 464,
jurisdiction with the CA and the RTC and SC, the otherwise known as the Real Property Tax Code);
Note: Exclusive original jurisdiction in petitions for certiorari, prohibition , same is still d.National Labor Relations Commission (St. Martin Funeral
precludes the idea of co-existence and and mandamus against lower courts subject to Homes v. NLRC, G.R. No. 130866, September 16, 1998);
refers to jurisdiction possessed to the and bodies in petitions for quo the Doctrine. and
exclusion of others (Cubero v. Laguna warranto and habeas corpus of Hierarchy e.Other quasi-judicial agencies (Heirs of Hinog v. Melicor,
West Multi-Purpose Cooperatives, Inc., (CONST., ART. VIII, Sec. 5; B.P. Blg. of Courts. G.R. No. 140954, April 12, 2005); and
G.R. No. 166833, November 30, 2006). 129, Secs. 9, Par. (1) & 21, Par. (1)). 2. Petitions for Writ of Kalikasan (A.M. No. 09-6-8-SC, Rule 7, Sec.
3).

422 423
 With the RTC & CA: 4. Petitions for continuing mandamus (A.M. No. 09-6-8-SC, Rule 8,
1. Petitions for Habeas Corpus (B.P. 129, Sec. 9, Par. (1), & Sec. Sec. 2).
21, Par. (1); CONST., Art. VIII, Sec. 5, Par. (1));
With the RTC, SC, & Sandiclanbavan:
2. Petitions for Quo Warranto (B.P. 129, Sec. 9, Par. (1), & Sec.
21, Par. (1); CONST., Art. VIII, Sec. 5, Par. (1)); 1.Petitions for Writ of Amparo (A.M. 07-9-12-SC, Sec. 3); and
2. Petitions for Writ of Habeas Data (A.M 08-1-16-SC, Sec. 3).
3. Petitions for certiorari, prohibition, or mandamus against inferior
courts and other bodies (B.P. 129, Sec. 9, Par. (1), & Sec. 21,
Par. (1); CONST., Art. VIII, Sec. 5, Par. (1)); and 1. By way of ordinary appeal from the RTC and Family Courts
4. Petitions for continuing mandamus (A.M. No. 09-6-8-SC, Rule (RULES OF COURT, Rule 41, Sec. 2, Par. (a)) & R.A. No. 8369,
8, Sec. 1). otherwise known as the Family Courts Act of 1997), Sec. 14);
2. By way of petition for review from the RTC rendered in the
With the RTC, CA, & Sandieanbavan: exercise of its appellate jurisdiction (RULES OF COURT, Rule
1. Petitions for Writ of Amparo(A.M. No. 07-9-12-SC, Sec. 3); and 42);
2. Petitions for Writ of Habeas data (A.M. No. 08-1-16-SC, Sec. 3. By way of petition for review from the decisions, resolutions,
3). Exclusive orders, or awards of the:
Appellate a. Civil Service Commission;
By wy?of appeal by iora nder ROI? 45, against the:
rivu b. Office of •the ..Ombudsman in administrative disciplinary
1. Qou,e)Araals, cases; and
2ASandiga_nbayan;
_ c. Other4,3)
bo.dir,iri
r egotil
ned in Rule:! (RULES OF COURT,
l'aG,offAurelifatiPir• Rule
4. In:5ise, involving tile constitutiOpaltqdrAlicitty of a law or 4. By way of ordinary,appeal over decisiontof MTCs in cadastral or
Appellate trreaty nternational!"Ogregment o executtve ageernent, law, land registration casts pursuant to its delegated jurisdiction (B.P.
presid ntial decree„proclamatiort, ordertrgtulion, ordinance 129, Sec. 34, as amended by R.A. No..7691).
,7?- tor reg a ion, legal-47'5f a tax, impost, assessment, toll or
7

e penaltyjurisdiCttonl of '16,Wer co d (CO ST. 41 VIII, Sec. 5);

and '
CoOrt o Tax A peals,Eh Banc(RFA.3V , o. 9282, Sec. 19).
Civil Cases
rt.ft
Sandiganbayan
/
Cases involving violations2of:
( \"/M. 1.E.O. No. 1 (Creating pie PCGG);
Civil Cases Court ofAppeals 2. E.O. No. 2 (Illegar- Acquisition and Misappropriations of
"l• N „/ Ferdinand Marcos,;;' Imelda Marcos their close relatives,
Exclusive 'Actions for anpulmtatjudgrrtents ofthe RTC (B.P. Blg. 129, Sec.
kr- • subordinates, busiriewiAssociates, dummies, agents or
Original sear. (2). Exclusive `,.
nominees);
et) Original 3. E.O. No. 14 (Cases 1m/dying the ill-gotten wealth of the
With he SG. / f‘:"\'''.',
1,.\ immediately mentioned persons); and
1. Petitiolis,fol certiorar.vpr2hOttiol,loor mandamus against:
4. E.O. No. 14-A (amendments to E.O. No. 14) (R.A. No. 10660,
a. RTC (Er.`PB1g,,1,29,.See21, Par. (1));
otherwise known as An Act Strengthening Further the Functional
b. Civil Service Commission (R.A. No. 7902);
and Structural Organization of the Sandiganbayan, Sec. 2).
c. Central Board of Assessment Appeals (P.D. No. 464);
d. National Labor Relations Commission (St. Martin Funeral
Homes v. NLRC, G.R. No. 130866, September 16, 1998); With the SC:
and 1.Petitions for certiorari, prohibition, and mandamus whether or not
e. Other quasi-judicial agencies (Heirs of Hinog v. Melicor, in aid of its appellate jurisdiction (A.M. No. 07-7-12-SC); and
G.R. No. 140954, April 12, 2005). 2. Petitions for Habeas Corpus, injunction, and other ancillary writs
Concurrent 2. Petitions for Writ of Kalikasan (A.M. 09-6-8-SC, Rule 7, Sec. 3). in aid of its appellate jurisdiction, including Quo Warranto arising
Concurrent • in cases falling under E.O. Nos. 1, 2, 14, and 14-A.
With the SC & RTC:
1.Petitions for Habeas Corpus (B.P. 129, Sec. 9, Par. (1), & Sec. With the SC, CA & RTC:
21, Par. (1); CONST., Art. VIII, Sec. 5, Par. (1)); 1.Petitions for Writ of Amparo (A.M. No. 07-9-12-SC, otherwise
2. Petitions for Quo Warranto (B.P. 129, Sec. 9, Par. (1), & Sec. 21, known as The Rule on Writ of Amparo, Sec. 3); and
Par. (1); CONST., Art. VIII, Sec. 5, Par. (1)); 2. Petitions for Writ of Habeas Data (A.M. No. 08-1-16-SC,
3. Petitions for certiorari, prohibition, or mandamus against inferior otherwise known as The Rule on Writ of Habeas Data, Sec. 3).
courts and other bodies (B.P. BIg. 129, Sec. 9, Par. 1&Sec. 21,
Par. (1); CONST., Art. VIII, Sec. 5, Par. (1)); and

424 425
 .. .
Civil Cases Regional Trial Courts , • *Municipal Trial Coutt i ••• Note: All actions which are Note: Irrespective of the amount
If the gross value, claim or incapable of pecuniary of damages or unpaid rentals
• If the gross value, claim, or
demand does not exceed estimation is cognizable by the sought to be recovered (1991
demand exceeds P300,000
P300,000.00 (outside Metro RTC except the annulment of Revised Rules on Summary
(outside Metro Manila), or
exceeds P400,000 (Metro Manila), or does not exceed judgments of the RTC, which Procedure, Sec. 1, Par. (a));
Manila): P400,000 (Metro Manila): is cognizable by the CA (B.P.
Blg. 129). Note: Where attorney's fees are
• awarded, the same shall not
1. Actions involving personal property depending on the value of
7. Cases not within the exceed P20,000 (1991 Revised
the property;
exclusive jurisdiction of any Rules on Summary Procedure,
2. Admiralty and maritime cases depending on the amount of
court, tribunal, person or Sec. 1, Par. (a);
demand or claim;
body exercising judicial or
, 3. Probate proceedings (testate or intestate) depending on the Note: May resolve issue of
quasi-judicial functions
gross value of the estate; and ownership to determine only the
(general jurisdiction of
4. Demand for money depending on the amount (B.P. Blg.129, Sec. issue of possession (Blg. 129,
19, Par. (3), (4)(,6) & Sec. 33, Par. (1) as amended by R.A. RTC); ..
• Sec. 33, Par. (2)).
No. 7691,x°°' 8. Under Sectionl,'.5'.2;0f the
1. NJ )* Securities ageRag-plitions 8. Other civil cases, except
Note:40 xcluslye of Da a es f1,vhafevcrktin d , Interest, Attorneys
feel: A L-Rig:
0db , oExpenses, ando§ts-"(DIAI.EC), the amount of Code to hearollqiciP00: probate proceedings, where
wAri c511.101Se specifically....*gedkbuKshalltbe included in the a. Cases '`;: L. :-MfigrOIyiU,,,,, the ,,,total amount of the
etAmipation of the filing fees (OP B10-129eSec. 33, Par. (1), as devices OrAgerietriaiR vpla claim does not
'' 'I...3 l.'""
amvded). I jp 77 employed by or any P100,000 or does not
41 i,4'. 1l11.
( n
:.:.; 'acts of the; board of exceplall, P200,000 in Metro
11
Note: The lesson 91.:Inele 'damages o whatever kind" ili djrectors, -..ittisiness Manila ''exclusive of interests
seTp)ies to bases„whprkthe damages are mefely4i cidental to or a associates, its cers and' costs (1991 Revised
co sequenF ofinemalp cause of action. Howevsr, in cases where ce:`,11 partnliship, Rple4 on Summary
tn4 j clai fpf darill age,usLitemain cause Of tailor!, or one of the arnedntingto fragi and grocedure,':, as amended by
Exclusive ail:pes 0•‘action,_thaJscodUnt_of_suar',6jaimiThallib,,e considered in Xrnisrepreseriatiog No:• :„ 02-11-097SC,
Original 0e- )erminTi tg)11e„ jurisdiction-
• •gf, the,1" c4,1- I (Ad inis(rative Circular 09- `b,•!1i-itra-cdrporate 'Ye AffeatiVeViiVerriber 25, 2002).
94, 'ire 44,99,j)t7,1 V ' -sc-- controversies; gi, ,.,
•Vak'dfifg''
\--; ( AN, - m N. 9. Cases falling under the 2016
N ANYN., I f/".. ''''/ if eControversies iini the
• f the\essesseckval.22or ,‹ If theli assessed value or interest ele4tions or Revised Rules of Procedure
interest irrtt,Ihialnpro spdcr.. iin 1, real/property does not appointments For Small Claims Cases:
'k. - 1 ‘,...
• exc@edsli R20,0,(A----tot. 0%xcepd• 1320,000 (outside Metro „•i ,.:!, diiectora 5. rusteesa
MetrMlarain Tor '6) '- cceX,...
— •fiVisanil,a)e- or does not exceed With': Applicable in all actions
it'"
' officers, or managers
P50,000 IVIZo.(ManqVi V P.,50;000 (Metro Manila): . of e ' corporations, that are purely civil in nature
'partnerships, or where the claim or relief prayed
5. Actions involving itre o or possession of real property, or any associations; for is solely for payment of sum
interest therein depending on the assessed value (B.P. Blg. 129, d. Petitions of of money.
Sec. 19, Par. (2) & Sec.33, Par. (3)). corporations,
partnerships or The claim may be:
. 6. Actions the subject matter 6. Inclusion and exclusion of associations to be a. For money owed under:
of which is incapable of voters (B.P. 881, Sec.138); declared in the state of i.Contract of Lease;
" pecuniary estimation; suspension of ii.Contract of Loan;
7. Those covered by the Rules payments. iii.Contract of Services;
Note: Where the basic issue on Summary Procedure: iv.Contract of Sale;
(Securities Regulations
is something other than the (FEUD) iv. Contract of Mortgage.
Code, Sec. 5.2 and
right to recover a sum of a. Forcible Entry; and P.D. No. 902-A, Sec. b. For liquidated damages
money or the money claim is b.Unlawful Detainer arising from contracts;
5).
purely incidental to, or a (1991 Revised Rules on c. The enforcement of a
consequence of, the principal Summary Procedure, barangay amicable settlement
• , relief, the action is incapable Sec. 1, Par. (a); B.P. Blg. involving a money claim (A.M.
of pecuniary estimation /29, Sec. 33, Par. (2)). No. 08-8-7-SC, February 1,
(Russel v. Vestil, G.R. No. 2016).
119347, March 17, 1999)

426 427
 SC may designate certain Petition for Habeas Corpus or May be assigned by the SC to
branches of RTC to handle application for bail in criminal hear cadastral or land
exclusively criminal cases, cases in the absence of all RTC registration cases where:
juvenile and domestic judges in the province or city 1. There is no controversy or
relations cases, agrarian (B.P. Blg. 129, Sec. 35). opposition over the land; or
Delegated 2. In case of contested lands,
cases, urban land reform
cases which do not fall under the value does not exceed
the jurisdiction of any quasi- P100,000 (B.P. Big. 129, Sec.
judicial bodies and agencies, 34, as amended by R.A. No.
and other special cases as the 7691).
SC may determine in the
interest of speedy and efficient
administration of justice (B.P. Family Courts
Blg. 129, Sec. 23).
Family Courts have exclusive original jurisdiction to hear and decide
the following civil ceses,
With the 1. Petitions for,,gtferd!anship, custody of children, habeas corpus
Action.5„,,affectiN involving chilcien;'''':
ambassadors, public Note: The :SO'ardgie CA have not been deprived of their
mini terando original juriidictiC4quch,Retitions (T(hornton v. Thornton, G.R.
No. 154598 adirk164004):,
With,,th S • 2. Petitionslor adciptioD of children -an % revocation thereof;
1:`'Retitionsifor Habeas' 3. Complaints for annulment, and declaration of nullity of marriage
CFrpust and matters relating] to marital statusiand,property relations of
`"ZPPgetitionifo—Q r arranr—o, husband and wife Orathose living together under different status
43.:i Petition.stfor'deaiorar111
, . 'or agreement, aft petitions for dissolution of conjugal
prohibitiolt, or triapgerptfis:!' partnerShip of gains0
igaiq-srMor cotts":and 4,4. Petitions for supportlend/or acknowledgment;
loto le; and,_,
othenol; " •Stim'mary judicial pligeedinget.inderitWarnily::,Code; and
1 • - • L-
.431 • •ons orcontinuing 6. Petition for declaration of statiMOttOligieh' as abandoned,
mUndamaIN •;\ ctependent, or fleglKted; petitions for voluntary or involuntary
•; commitment of chilien and matters relating to the suspension,
ith the SVr- --;CA,--,-18,,N, Exclusive termination, or restOratipprcipperental authority and other cases
Sandicranbitran- , Original cognilable under /,' [, 6::Ap4q#4,0,No. 56 series of 1996, and
1. PbtitiofilPriVitof..,....- -.0',it
..... other related'laWS (We. No.8369, Sec. 5, Pars. (b), (c), (d), (e),
AmParz, god/ 1A Act,N, (f);,
Writ of Habeas-_t
2. Petitiong'for._
---............----
Data. Note: Under the Family Code, the family home is deemed
constituted; hence, no need for its constitution.
With the Insurance
Commissioner: Special Provisional Remedies:
Single claim not exceeding 1.In cases of violence among the family members living in the
P5,000,000 (R.A. No. 10607, same domicile or household, the Family Court may issue a
otherwise known as An Act restraining order against the accused or defendant upon verified
Strengthening The Insurance application by the complainant or the victim for relief from abuse;
Industry, Sec. 439). and
2. The court may order the temporary custody of children in all civil
All cases decided by the actions for their custody, support pendente lite, including
MeTCs, MTCs and MCTCs in deduction from the salary, and use of conjugal home and other
their respective territorial properties in all civil actions for support (R.A. No. 8369, Sec. 7).
jurisdiction except decisions of
lower courts in the exercise of Note: In areas where there are no Family Courts, the
delegated jurisdiction. abovementioned cases shall be adjudicated by the RTC.

428 429
 "'1;:rit,%.1M
-VOL 2.
2019

Shari'a District Courti • The Shari'a District Courts shall have

appellate jurisdiction over all cases
1. All cases involving custody, 1. Offenses defined and
punished under P.D. tried in the Shari'a Circuit Courts
guardianship, legitimacy, paternity,
within their territorial jurisdiction.
and filiation arising under the Code No. 1083;
of Muslim Personal Laws; 2. All civil actions and
The Shari'a District Court shall decide
2. All cases involving disposition, proceedings between
every case appealed to it on the basis
distribution, and settlement of parties who are
of the evidence and records
estate of deceased Muslims, Muslims or have been
transmitted as well as such
probate of wills, issuance of letters named in accordance
memoranda, briefs or oral arguments
of administration or appointment of with P.D. No. 1083,
Appellate as the parties may submit (P.D. No.
administrators or executors relating to:
1083, Art. 144).
regardless of the nature or a. Marriage;
aggregate value of the property; b. Divorce;
Note: The decisions of the Shari'a
3. Petitions for the declaration of c. Betrothal or
District Courts whether on appeal
absence and death.-ftfo the breach of contract
from the Shari'a Ciro4Court or not
cancellg,tio or correctionpf ent ries to marry;
shall be final. NOthirig•\in P.D. No.
in t4pf uslilja„5egistiesizneptiopedr d. Customary dower
r, 1083 shall affect, trip,XOriginal and
••Tit e Book,x,Two''of4he Code (mahr);
appellate jurisdiCtiori, ,Ofilhe SC as
alisPg;onal Laws; i\\e. Disposition and
provided in the Cdnstiteition (P D No.
Y ac hogs ari from the\ \„_' \ distribution of
ris °Yproperty
‘ upon
1083, Art. 145).
omarty contractsIn which t e
ties are Mums ;if lf they ha p d iyorce;
not specified WO” law shall ft Maintenance and Q: What is the Totality of Claims Principle?

Z gOvern ieir relations; and,

All
6
itions for. ,; •maqiiamus,
petitions;`
prohibiti‘ injUrrtioniT:certiorar(N.
f.
,,sukport
consolatory
(Tara);
and
gifts
ANS: The Totality Rule, state-a' that, wheraithere are several claims or causes of action
between the same ordifferent'Partiep, erriliodied in the samelcomplaint, the amount of
the demand shall be the-totatitst-TilitesIdifyp in all the causes of action, irrespective of
4 of
habera or us • and.; all other,'-'7 g. epitution whether the causes of action arose out of same or different transactions (B.P. Blg.
tixiliavAits andt.prdcesses /i aid-) rsiarital rights; and 129, Sec 33; Par2.. (1)). -
L :., 4(Rztki
of its apipepte ;IuriAdttOn , ,,, 3 Disputes relative to
p jiTt,
1084Rtithdrviple IcnOvif
• she communal properties Q: When is the Tgtalityof Claims PrinciPJ,e?
Codekpf Mushntp?!..,4m9.-aws of (P.D! No. 1083, Art. ANS: The Totality Rule is applicable in thEIJollowing cases:
the Philippine r.(1)), 1555. 1. In actions where the jurisdictioniI:57.1hecourt is dependent on the amount
involved, the test, of jurisdictionrhhAlllipb`Oiaggregate sum of all the money
;.e demands, exclusive only of interdarariedesta,'iltespective of whether or not
1. Petitiou OS/ Musliw NR.4the> the separate Claims arebwned by or due to different parties. If any demand is
constitution a rfam'hoMe",
for damages in ativil;'action, the amount thereof must be specifically alleged;
change of nam'eand=comriiitment or
of an insane person to an asylum; 2. Cases where there are two or more plaintiffs having separate causes of action
2. All other personal and legal actions against two or more defendants joined in a complaint (Flores v. Mallare-
not mentioned in paragraph 1 (d),
Philipps, G.R. No. L-66620, September 24, 1986).
Section 143 of P.D. No. 1083, (no.
Note: The Totality Rule applies under the condition that the causes of action in favor of
4 of above) wherein the parties
the two or more plaintiffs or against the two or more defendants should arise out of the
involved are Muslims except those
same transaction or series of transactions and there should be a common question of
Concurrent for forcible entry and unlawful law or fact (Id.).
detainer, which shall fall under the
exclusive jurisdiction of the D. ASPECTS OF JURISDICTION
Municipal Circuit Court; and
3. All special civil actions for Jurisdiction over the Parties
interpleader or declaratory relief Q: What does jurisdiction over the parties mean?
wherein the parties are Muslims or ANS: Jurisdiction over the parties is the legal power of the court to render personal
the property involved belongs judgment against a party to an action or proceeding (Black's Law Dictionary, 5th ed.,
exclusively to Muslims (P.D. No. 767), or the power of a court to render a personal judgment or to subject the parties in a
1083, Art. 143, Par. (2)). particular action to the judgment and other rulings rendered in the action (Villagracia v.
Fifth Shari'a Court, G.R. No. 188832, April 23, 2014).

430 431
Q: How does the court acquire jurisdiction over the plaintiff? Error of Jurisdiction as Distinguished from Error in Judgment
ANS: Jurisdiction over the plaintiff is acquired by the filing of the complaint, petition, or
Q: Distinguish between error of jurisdiction and error of judgment.
other initiatory pleading before the court by the plaintiff or petitioner (1 TAN, supra at
ANS: The following are the distinctions: (ERR)
93).
Error of Jurisdiction Error of Judgment
By the mere filing of the complaint, the plaintiff, in a civil action, voluntarily submits
himself to the jurisdiction of the court (Guy v. Gacott, G.R. No. 206147, January 13, As to Existence of jurisdiction ' •
2016).
It occurs when the court exercises It presupposes that the court is vested
Q: How does the court acquire jurisdiction over the defendant? jurisdiction not conferred upon it by with jurisdiction but in the process of
ANS: Jurisdiction over the defendant is obtained either: law. It may also occur when the court exercising that jurisdiction it committed
1. By service of summons; or although with jurisdiction, acts in mistakes in the appreciation of facts and
2. By his voluntary appearance in court(RULES OF COURT, Rule 14, Sec. 20). excess of its jurisdiction or with grave the evidence leading to an erroneous
abuse of discretion amounting to lack judgment (1 RIANO, Civil Procedure,
Q: What is the effect of the defendant's voluntary appearance in court? of jurisdiction (People v. supra at 58).
ANS: The defendant's voluntary apo_arancen t e action shall be equivalent to service Sandiganbayan, G.R. No. 173396,
of summons. It is a waiveleof-lhe nepessi vftfolfnal notice. An appearance in September 22, 2010).
whatever form, without eplicitly obecting to tht tjuunsdiction,Z the court over the person,
lrotion o the-cou ovef tht yerson (1 TAN, supra at 93). • As to Result of error
is a submission to the jursc
Examples are: •
fed. Renders a judgment void or at least •;,, The judgment cannot be considered a
1. By filing an ansve voidable (Jaro v. CA, G.R. No...4s1 therefOre, cannot be
2. By filing griqdji to 'ismis?i,exc ptlhen the detendant'also raises the issue 127536, February 19, 200?):.%' collaterallytirripeached. Such is binding on
of lack f juris iction over hig'petgon .(RULES OF COORT.'Rule 14, Sec. 20). the parties unless7reversed or annulled (1
\ciA
Q: In what in ta,c9 will tpe-lilins °tile pleading seeking ,allimptive relief NOT
RIANO, Civil Procedure, supra at 59).
constitute a s' bmisSion of one'SZOrsonl:to,:tWiristilictiontOf the court? As to Remedy .
ANS: In the ease pleadings whoSe4royeriis precisely forthel avoidance of the •
jurisdiction of t only leadetEra specibl3isepedrance.)These pleadings Reviewable only by the 'extraordinary eviewable by appeal (Id.).
are: vv, ".e. ; writ of cediordri. (Cabrera v., 4apid,
1. In civil; sin,thegro,.&rZcf/of lack ofjurisdiction over the G.R. No. 129098, December 6, 209,6).
e
person v ti1-ie,refherAroundsf
„ for dismissal are
include ,t4 ,E* 1
How Jurisdiction &Conferred ond Deterrninec/
2. in criminal cases, notions( briquesh ;conylaint on the ground of lack of
y.rkazi'df-tiielaused•oand
jurisdiction'oxer the Q: How is jurisdiction,ponferred?
3. Motions to quasta_prrairoferrestA ANS: Jurisdiction overthe subject matter is 'conferred' by the Constitution or by
Note: The first two are consesdences of1b9ifiklhat failUre to file them would constitute law. Nothing can change, thelasdiction of the court over the subject matter. That
a waiver of the defense ofNacLof jiinsdiction over the person. The third is a power is a matter of legislativetenactment which none but the legislature may change
consequence of the fact that it isfhe—Veirlegality of the court process forcing the (Zamora v. CA, G.R. No. 78206, March 19, 1990). It is NOT conferred by: (UCC-PEAS)
submission of the person of the accused that is the very issue in a motion to quash a 1. Court's Unilateral assumption of jurisdiction (Tolentino v. Social Security
warrant of arrest (Miranda v. Tuliao, G.R. No. 158763, March 31, 2006). Commission, G.R. No. L-28870, September 6, 1985);
2. Contract (Figueroa v. People, G.R. No. 147406, July 14, 2008);
Jurisdiction over the Subject Matter 3. Compromise (Olongapo City v. Subic Water and Sewerage Co., Inc., G.R. No.
171626, August 6, 2014);
Meaning of Jurisdiction over the Subject Matter 4. Agreement of the Parties (Metromedia Times Corporation v. Pastorin, G.R.
Q: Define jurisdiction over the subject matter. No. 154295, July 29, 2005);
ANS: Jurisdiction over the subject matter is the power to hear and determine cases of 5. Erroneous belief of the court that it exists (Id.);
the general class to which the proceedings in question belong and is conferred by the 6. Acquiescence of the court (Republic v. Estipular, G.R. No. 136588, July 20,
sovereign authority which organizes the court and defines its powers (Mitsubishi Motors 2000); or
7. Silence, waiver, or failure to object (People v. Gatfin, G.R. No. 153176, March
v. Bureau of Customs, G.R. No. 209830, June 17, 2015).
29, 2004).

432 433
Q: How is jurisdiction determined? Q: Is the doctrine of estoppel by laches the general rule?
ANS: Jurisdiction over the subject matter is determined by the allegations of the ANS: No. The general rule should be, as it has always been, that the issue of
complaint and the character of the relief sought (Heirs of Bautista v. Lindo, G.R. No. jurisdiction may be raised at any stage of the proceedings, even on appeal, and is not
208232, March 10, 2014). Once vested, jurisdiction remains regardless whether or not lost by waiver or by estoppel. Estoppel by laches, to bar a litigant from asserting the
the plaintiff is entitled to recover all or some of the claims asserted therein (Go v. court's absence or lack of jurisdiction, only supervenes in exceptional cases similar to
Distinction Properties, G.R. No. 194024, April 25, 2012). It is NOT determined by: the factual milieu of the Tijam case (Figueroa v. People, G.R. No. 147406, July 14,
1. The defenses in the answer or motion to dismiss; 2008).
Exception: If, after hearing, tenancy is shown to exist, it shall dismiss the case
for lack of jurisdiction since the Department of Agrarian Reform Adjudication Jurisdiction over the Issues
Board (DARAB) has exclusive jurisdiction to adjudicate agrarian disputes
Q: What does jurisdiction over the issues mean?
pursuant to R.A. No. 6657 (Velasquez v. Spouses Cruz, G.R. No. 191479,
ANS: This is the power of the court to try and decide the issues raised in the pleadings
September 21, 2015).
of the parties (Bemabe v. Vergara, G.R. No. L-48652, September 16, 1942).
2. The amount ultimately substantiated and awarded by the trial court;
3. By the evidence in the trial;
Q: How is jurisdiction over the issues conferred and determined?
4. Consent or agreement of the parties; or ANS: Jurisdiction over the issue is determined and conferred:
5. By estoppel (Tolentino v. CA. .G‘IR. 123445, October 6, 1997).
1. By the pleadings filed in thej?,paie by the parties (Lazo v. Republic Surety &
t,. ' 1 -1,N. L Ins. Co., Inc., G.R. No. 147,46Anuary 30, 1970); or
Objections to Jurisdict;oirOveritSubject ,-,atmr
2. By stipulations of partipqet.. 1*jen in pre-trial, the parties can enter into
1 ..... ------- v i ..›.
Q: May the court,pipicioir9rio, diSmithe„cise if it finds that it has no stipulation of facts and dpfoun*stor enter into an agreement simplifying the
jurisdiction over tb6-6,ubjpc tb-attsLZ-- --'`
`‘aa, issues of the case (RULESOF;C413,74igule 18, Spc. 2); or
ANS: Yes. The catfrtgdisryisrthe case on its Fwn..initiatinivtleQ it appears from the 3. By waiver or failure to.obje:cf,SisijitOje.wtatior4V9vidence on a matter not
it ,e .4- I. A .
pleadings or the evide ce on recordTlhat4t
it
,,, he
he ,..no junsdict ori over the subject matter raised in the pleasling's)(RULES OF COURtAble2-/a Sec. 5).
(RULES OF CO RT, a 9,r . 1). _ rs
Jurisdiction over the Res or the Property in Litigation
Q: When may a raise the issue4f Air,isdetion over the subject matter?
pj Q: What is jurisdiction over, the res? 0
ANS: A party rnaubject to\thejur‘isdibtiOn'o
' Atie court as 4 , FoUnd in a motion to •i
ANS: Jurisdictimover theres,refers to it,I-1 e court' sjunsdiction Oyer the thing or the
dismiss (RULEKF CCU. -T(Rule'I6T-Srad)11; Par. (b)),--roras an affir9,ative defense in property under'litigation. (1 RIANO, 'supra, at 87). This is acquired by the actual or
the answer (R&LES:AF ,..,.. T-,-Rule4-6-iSeo,6)-Inili/be laisedi at any time during
4,560, Op jurisiliction,ajlissues cannot be constructive sOliure,by tlwcourt of the thiktin question,,Ous,'placingit,in custodia legis
the proceeding`k,(9,ehVor tte, jiT, time "
(De Joya v. Marquez, aR No. 16a16, January 31, 286.8). " ''"
waived (Boston Equity ResobrefVq.:R I .,N5 748' 6, Jine 19, 2013).
I ;' rilf
Q: How is jurisdrctiO'bVethe re$ acquited?
Effect of Estoppel on Objections taJuris Id/on
ANS: Jurisdiction over the reslis acquired :ejtl?er-7:-.,,
Q: What is the effec4f estoppel. o -.objection!plriefttip,ns? 1. By the actualt.or constructive seizure of , the property under legal process,
ANS: While it is true that q'Octipo over.the.sal;),AeAmVe3imay be raised at any stage whereby it is biOught intOottgl' dustoily'of'the,Wk(e.g. attachment); or
of the proceedings since !Ws conierredizy414L pk'npertheless, settled that a party 2. As a result of the institution of legal proceedings, in which the power of the
may be barred from raisingiNn estoppel (La'o v. Republic, G.R. No. court is recognized, sand made effective (e.g. suits involving the status of
160719. January 23, 2006). parties or proper4.rd a non-resident defendant) (Biaco v. PH Countryside
Note: The active participation of a party in a case is tantamount to recognition of that Rural Bank, G.R. No. 161417, February 08, 2007).
court's jurisdiction and will bar a party from impugning the court's jurisdiction. This only
applies to exceptional circumstances (Concepcion v. Regalado, G.R. No. 167988, E JURISDICTION VS, EXERCISE OF JURISDICTION
February 6, 2007).
Q: Distinguish jurisdiction from the exercise of jurisdiction.
ANS: Jurisdiction is the authority to hear and determine a case. It does not depend
Q: What is the doctrine of estoppel by laches?
either upon the regularity of the exercise of that power or upon the rightfulness of the
ANS: In the case of Tijam v. Sibonghanoy (G.R. No. L-21450. April 15, 1968), the
Supreme Court barred a belated objection to jurisdiction that was raised only when an decisions made. The authority to decide a case at all, and not the decision rendered
adverse decision was rendered by the lower court against it. It raised the issue only after therein, is what makes up jurisdiction. Where there is jurisdiction, the decision of all
almost 15 years and after seeking affirmative relief from the court and actively questions arising in the case is but an exercise of jurisdiction (Estate of Yujuico v.
Republic, G.R. No. 168661, October 26, 2007).
participating in all stages of the proceedings. The doctrine, as declared by the Supreme
Court, is based upon grounds of public policy x xx and is principally a question of the
inequity or unfairness of permitting a right or claim to be enforced or asserted (1 RIANO,
supra at 74).

434 435
F. JURISDICTION VS. VENUE G. JURISDICTION OVER CASES COVERED BY BARANGAY CONCILIATION,
SMALL CLAIMS CASES, AND CASES COVERED BY SUMMARY PROCEDURE
Q: What is Venue?
ANS: Venue is the defined as the place where the case is to be instituted, heard, and Q: What cases are covered by the Rules on Small Claims, Summary Procedure,
tried. It is procedural in nature, waivable for failure to make a timely objection, either in a and Barangay Conciliation?
motion to dismiss, or raise it in the answer as an affirmative defense and can be subject ANS: The following are the cases covered:
to the stipulation of the parties (1 TAN, supra at 104).
Rules.on Summary
Rule on Small Barangay Conciliation
Q: Distinguish venue from jurisdiction. Procedure
Claims Cases (Local Government Code
ANS: The following are the distinctions between venue and jurisdiction: (as amended by •
(A.M. No.,08-8-7-SC)' Of 1991, Sec. 408)
A.M. No. 02-11-09-SC)
Venue Jurisdiction Civil Cases'Covered,
As to Nature . • • Cases for the 1. All cases of forcible All disputes involving parties
payment of money entry and unlawful who actually reside in the
Procedural Substantive where the value of detainer irrespective same city or municipality may
the claim does not of thea.Mount of be the subject of the
As to Definition exceed P200,000, damages or unpaid proceedings for amicable
r
Venue is the place ere4h puse'Sf JUrIsdiction *s•-th9Vower of the court to
exclusive of interest rentals' sought to be settlement in the barangay
and costs, and in recoyere&RI Where except:
action is instituted/ eard or tried. —13ear aria'decidefa\clse. which the claims are attorney's -:fges,,r,are I. :Where one party is the
y
purely civil in nature awarded, Oie'Viarne :lb9vernment, or any
As to whether It may be a Ground for Motu Proprio Dismissal • where the claim or shall not!) exceed 'Subdivision or
( ri relief prayed for by P20,000; and instrumentality thereof;
It is not a ground, eicept iriLsummary_7 oLinay_be1 a ground for motu proprio the plaintiff is solely; 2. All other cjyil cases, 2. ,Where one party is a
procedure. I # k I: dismissal. for payment or except 5:ii; probate pqblic officer or
reimbursement of proceedings
As to whether it May be $9091ated q, where employee, and the
sum of money. the total amount of dispute relates to the
. . . 7^ 7
„tjtii5ss119917(4.:9annit oelhe subject of the
plaintiffs claim does performance of his official
Venue may betpayiged oy,-"tng written The claim orodemand norexceedA100,000. f(!nOtions;:r.
agreement of \tie parties. 6agrt9r/n.?,11t;of th,ipartiesi may be: or P200,000in
gpo Metro :,-;Offenses punishable by
1. For money owed Manila, exclusive of imprisonment exceeding
As to whether it may be Wiivpci 'or under any of the interests rzi, costs 1 year or a fine exceeding
following: (1991 Reviek6Cles P5,000.00;
k 4y-laWefand cannot be
isco'lee a. Contract of: on IkSumMatyv ,4-.20ffenses where there is
—'11,117:N
edN,../- ooff lease; Propedure, as no private offended party;
A Isk
b. Contract of- amended by A.M. No. 5. Where the dispute
(1 TAN, supra at 105). loan; 02-11-09-SC, involves real properties
c. Contract of effective November located in different cities
services; 25, 2002). or municipalities unless
d. Contract of the parties thereto agree
sale; or to submit their differences
e. Contract of to amicable settlement by
mortgage. an appropriate Lupon;
2. For liquidated 6. Disputes involving parties
damages arising who actually reside in
from contracts; barangays of different
3. The enforcement cities or municipalities,
of a barangay except where such
amicable barangay units adjoin
settlement or an each other and the
arbitration award parties thereto agree to
involving a money submit their differences to
claim covered by amicable settlement by
this Rule pursuant an appropriate Lupon;
to Sec. 417 of the and
436 437
 Local 7. Such other classes of therefrom; and
Government disputes which the 6. Offenses involving
Code (A.M. No. President may determine damage to property
08-8-7-SC, The in the interest of justice or through criminal
2016 Revised upon the negligence where the
Rules of recommendation of the imposable fine is not
Procedure for Secretary of Justice. The exceeding P10,000
Small Claims court in which non- (Revised Rule on
Cases). criminal cases not falling Summary Procedure,
Note: The within the authority of the Sec 1, Par. (b)).
amendment lupon under this Code are
increasing the filed may, at any time
threshold amount to before trial, motu proprio
P300,000 was refer the case to the
III. CIVIL PROCEDURE
enacted on July 10, lupon concerned for
amicable settlement A. GENERAL PROVISIONS (RULE 1) ..r
2018 and thus not
part of the bar (KatarungangPambarang Meaning of Ordinary Civl Actions
coverage. may Rules, Rule VI, Sec. 1;
R:41.. No. 7160, otherwise Q: What is an ordinary civil actiin..,.
'rum as the Local ANS: It is one by which a party sus4.0thOfor the enforcement or protection of a right,
Government Code of or the prevention or redress of a wrongq/A1.14S1.pE,COUR7TpRule 1, Sec. 3, par. a).
X1,90 Sec. 408).
it Note: The court in which a Meaning of Special Civil Actians
non-0110ra' \ case is filed Q: What is a special civil action? , •
may ipatxps,oprio refer the ANS: Special civil actipns4,refer to' actions which, while, gOverned by the rules for
case, at any, time before trial, ordinary civil actionsjere subject to specifiVRu
les prescribed fOr under Rules 62 to 71 of
)
to thl kupdti concerned for the ROC (RULES OF COURT;Rule 1, SeC:'3, par. a).
:arhicable settlement, the
1 P Rules
--,fpr eg 9in gel Meaning of Crirrilnal Actions
,.!..7notwjthstaridpg and even if
..:N thejcase dpes not fall within Q: Define criminal action
the authority of the Lupon ANS: It is an action 'by'which the StateNrosecutes a person for an act or omission
/LOCAL GOVERNMENT punishable by law (RULES OF. COURT, Rble,..1 ;Sec. 3, par. N.
DE
,,- Sec. 408).
Op Civil Actions versus SpeCial Proceedings.,;.-
Criminal Cases Covered Q: What is a special proceeding? (SRP)
IV Li- Y. ANS: A special proceeding',is,,S.remedy by which a party seeks to establish a Status, a
1. .7101girdlins.--ofe....tra'ffic When punishable by
Right or a Particular fact (RULES OF COURT, Rule 1, Sec. 3, par. c).
laws, Rules and imprisonment of not more
regulations; than 1 year or fine of not
Q: How do we distinguish ordinary civil actions from special proceedings?
2. Violations of the rental more than P5,000 (LOCAL
ANS: The distinctions between an ordinary civil action and a special proceeding are the
law; GOVERNMENT CODE, Sec.
following:
3. Violations of municipal 408).
or city ordinances; Ordinary Action Special Proceeding
4. Violations of B.P. Blg.
As to Nature
22 (A.M. No. 00-11-
01-SC, April 15, 2003); Generally adversarial in nature. There Generally, there is no definite adverse
5. All other criminal are definite parties — plaintiff vs. party because it is directed against the
cases where the defendant. whole world. Special Proceedings are
penalty is either in rem or quasi in rem.
imprisonment not
exceeding 6 months As o Purpose'
and/or a fine of P To protect or enforce a right or To establish a status, a right, or a
1,000 irrespective of prevent or redress a wrong (RULES particular fact (SRP) (RULES OF
other penalties or civil OF COURT, Rule 1, Sec. 3, 'ar. A . COURT, Rule 1, Sec. 3, • ar. c.
liabilities arising
438 439
 • • ';" • Local and TransitoryActions
As to Governing,Rule4.
Q: What is a local action?
It is governed by Rules for ordinary It is governed by special Rules ANS: This is an action brought in the place where the subject property or a part thereof
civil actions (RULES OF COURT, supplemented by Rules for ordinary civil is located, in the absence of agreement to the contrary, e.g., action for recovery of real
Rule 1, Sec. 3, par. a). actions (RULES OF COURT, Rule 72, property (BPI v. Hontanosas, Jr., G.R. No. 157163, June 25, 2014).
Sec. 2).
As to Court•with Jurisdicticid Q: What is a transitory action?
ANS: A transitory action is one which depends upon the residence of the plaintiff or the
It is heard by courts of general It is heard by courts of limited jurisdiction. defendant regardless of where the cause of action arose subject to Section 4 of Rule 4,
jurisdiction. e.g. action to recover a sum of money (Id.).

As to How Initiated, Q: What is the test in determining whether an action is a real action or a personal
action?
Initiated by a pleading and parties Initiated by means of a petition and ANS: A real action is one in which the plaintiff seeks the recovery of real property; or, as
respond through an answer after parties respond by means of an indicated in what is now Section 1, Rule,„4 of the Rules of Court, a real action is an
being served with summons. —opposition after notice and publication are action affecting title to or recovery of possession of real property (Ruby Shelter Builders
Trnale. and Realty Corporation v. Formaran, G.13ANo. 175914, February 10, 2009). Where the
i Ito 77.
action does not involve recovery of real property, the action is a personal one (Spouses
As to Applicability of:Pleadin Saraza v. Francisco, G.R. No. 198718, NoVerpber 27, 2013).
1
," •
Parties are genprally Ilowed to-file 7Rules.o pfesdEigs generally not •
Actions in Rem, in Personam, and Quasi iriReM ••
answer, councterd cross-clsim, ,( applicable, •4„
and third-partyicom int. ( er. Q: Distinguish between actions in rem, In personam, and quasi in rem.
ANS: The distinctions are the following: (DEP-ED)
As:to Appeal. •
I t
The3?enodito appeal,is„31) flays and aside Action iri Personam • • Action in Rem *, Action Quasi in Rem'
The period to aypeal is only 15 days
,and notice o apV sufficast, from a noticre;of appeal, a ecord on . As to whom Directed "
r--apirallyrif4ted./ ..„\,„4 F31
r \4‘\'‘
Directed against - Directed against the thing' 1Directed :against particular
As to the CaLise.of Action particular persons. itself: • al ''person's.
oYn a mu/se of action except
It is based or\ a case ofYactionz Ails- itxbasedfi As to the Effect in Judgment " -• •
(RULES OF COUP, Rule'2h, Nibieasicprpus. •••, 1,.;t56?-Fr
,,-, Judgment is binding, Judgment isliyikg,.;UPpp :Judgment is binding only
(DE LEON & WILWAYCa, Spe8a1Proceedingsesen(ia snor Bench and Bar, (2015), only upon parkes the whole world. upon parties who joined
2). impleaded or their the action (Ocampo v.
successors in interest Domalanta, G.R. No. L-
Persona/Actions and Rea/Actions 21011, August 30, 1967).
Q: What are the differences between a real action and a personal action? 0 • As to the Purpose of the ACtiorr
ANS: The distinctions between a real action and a personal action are the following:
(NV) An action to impose a A proceeding to A proceeding which deals
responsibility or liability determine the state or with the status, ownership,
Real Action . , rersOn Acton upon a person directly. condition of a thing. or liability of a particular
As to the Nature, property but which are
intended to operate on
It is an action affecting title to or possession All other actions are personal these questions only as
of real property, or interest therein (RULES actions (RULES OF COURT, Rule between the particular
OF COURT, Rule 4, Sec. 1). 4, Sec. 2). parties to the proceedings
and not to ascertain or cut-
off the rights or interests of
all possible claimants.
It is a local action (1 RIANO, supra at 198). It is a transitory action (Id.).

440 441
 Examples „' Q: How is a small claims action commenced?
ANS: A small claims action is commenced by:
Action for specific Probate proceeding; Action for partition; action 1. Filing with the court an accomplished and verified Statement of Claim (Form 1-
performance; action for cadastral proceeding. to foreclose real estate SCC) in duplicate;
breach of contract. mortgage. 2. Accompanied by a Certification Against Forum Shopping, Splitting a Single
Cause of Action, and Multiplicity of Suits (Form 1-A-SCC); and
As to jurisdiction of the person of ,the Defendant ', 3. Two (2) duly certified photocopies of the actionable document/s subject of the
claim, as well as the affidavits of witnesses and other evidence to support the
Jurisdiction over the Jurisdiction over the person of the defendant is not claim.
person of the required as long as jurisdiction over the res is acquired Note: No evidence shall be allowed during the hearing which was not attached to or
defendant is required. submitted together with the Statement of Claim, unless good cause is shown for the
admission of additional evidence.
(Domagas v. Jensen, G.R. No. 158407, January 17, 2005).
The plaintiff must state in the Statement of Claim if he/she/it is engaged in the business
Q: Can an action in personam be converted into an action in rem or quasi in rem? of lending, banking and similar activities, and the number of small claims cases filed
ANS: Under the old rule, an action in personam may be converted in an action in rem or within the calendar year regardless of judicial station. No formal pleading, other than the
"
quasi in rem through prelimina ,attaarper ttahing the property of the defendant. Statement of Claim/s described in thisi101 , is necessary to initiate a small claims action
However, under the newiu e, is no n c5tsiry fo an action in personam to be (A.M. No. 08-08-7-SC, Sec. 6).
converted to an action, m o quasi? rem, Ma a wiitlf‘preliminary attachment, in
order to acquire jurisdigtion ov the person of hekdkeliclanIKRetitioner may now serve B. CAUSE OF ACTION (RULE 2)
summons through p6blizqo her he-defendaul z deign'oteiora‘ s an unknown owner,
or the like, or whp' ever this vihereaboutsilare upknoINn "LOQ'd cepot be ascertained by Meaning of Cause of Action , i ce_ v.,
:146,
diligent inquiry pa le the cou toi.kgqae jurigdictiortoiler\the person of the Q: What is a cause of action?
defendant, regardless of the nature pf4lhe action (Santos v-)1VOC Exploration . , . A
ANS: It is the act or omission by whicptp,arty violates the riAte of another (RULES OF
Corporation, G k-No. 7094 rSeptemberi4-2098 . COURT, Rule 2, Sec.;i. 1..„,,,,,,,.
1,..:). 1̀;'... ?,
1 Y ; '
Q: Can there l p atlAaption in rem wthiCh
hich s appison91 actionfb, Right ofAction versus CairS&of-Action ,
ANS: Yes. Th pr.b4e o II whereftVtligleMate co gists °illy of personal properties .
is an action in Tch is.4.
, amectile-dperso, 71gationfL, he,pr bate of the will is Q: Define rightV action and give its'eler :pnts.
a proceeding i (ue -rp,) Guegr ,10:i3,„No 4840 December 29, 1943). It is ANS: Right 6f4ctiorilS Jti4.2figlitto.pornri4ice andNattlrk.tOtion to obtain the
K
,, .. 6 or 'riossession of real property
also a personal ction becau pq; th'-'-ri.Oinh-VOIVe'titte, relief sought. Its elements
. '
are: (CCP)V,
I', .r.
1- ? ,..'' ' '

1• Existence -,--,—
(Spouses Saraza \ . Frailisco,'s p • of action; k-d
2. Performanceof all Conditions
Conditionsprecedent
pre to the bringing of the action; and
\ SC s v-rt N.) 3. Right to bring, andZrnaintain thkpaci!fitu§t be in the Person instituting it
Q: Can there be an ction igperso animhiclviswealta,F,tioy?
ANS: Yes. An action fi:Vp6 811 brkittliMpMittkakid1re5oVery of ownership of real (Turner v. LorenzirShippingt:GdMpZ57,41902yember
(mt 24, 2010).
44-- - --- • -
property, or reconveyance is" 51 action lau iti,szvelipn in personam, for it binds a
particular individual only a hough it coNkkros the' fight to a tangible property. Any Failure to State a Cadib. ofAdtkin
judgment therein is binding only ul:sion.the.partie roperly impleaded (Munoz v. Yabut, .53-,
Q: Explain the concept and, effect of failure to state a cause of action.
G.R. No. 142676, June 6, 2011). ANS: If the elements of a cause of action are not extant, the complaint becomes
vulnerable to a motion to dismiss on the ground of failure to state a cause of action. A
/ndependent Civi/Action defendant who moves to dismiss the complaint on the ground of failure to state a cause
Q: What are independent civil actions? of action hypothetically admits all the averments thereof. The hypothetical admission
ANS: Independent civil actions are those provided in Articles 32, 33, 34, and 2176 of the extends to the relevant and material facts well pleaded in the. complaint and inferences
Civil Code. They may proceed independently of the criminal action and shall require fairly deducible therefrom (Ceroferr Realty Corp. v. CA, G.R. No. 139539, February 5,
only a preponderance of evidence (RULES OF COURT, Rule 111, Sec. 3). 2002).

Commencement ofActions Q: Does a dismissal based on a failure to state a cause of action bar the
subsequent re-filing of the complaint?
Q: How is an ordinary civil action commenced? ANS: No. Dismissal of a complaint for failure to state a cause of action is one without
ANS: It is commenced by the filing of the original complaint in court. If an additional prejudice. It does not bar the subsequent re-filing of the complaint (RULES OF COURT,
defendant is impleaded in a later pleading, the action is commenced with regard to him Rule 16, Sec. 5).
on the date of the filing of such later pleading, irrespective of whether the motion for its
admission, if necessary, is denied by the court (RULES OF COURT, Rule 1, Sec. 5).

442 443
Q: State the distinctions between "failure to state a cause of action" and "lack of Note: Litis pendencia and forum shopping have similar elements, so it is best for the
cause of action." counsel to move for the dismissal based on forum shopping under Section 5, Rule 7 and
ANS: The distinctions are the following: (DARE) show that the party or his counsel willfully and deliberately resorted to forum shopping
because the effect is a dismissal with prejudice in addition to the sanction for a direct
Failure to State Cause of Action • • Lack of Cause pfAction • , • • contempt as well as a cause for administrative sanctions.
.•
As to how it Determined,:
Joinder and MIsjoinder of Causes of Action
It can be determined only from the It can be resolved only on the basis of the Q: What is joinder of causes of action?
allegations in the initiatory pleading evidence he has presented in support of ANS: A joinder of causes of action is the uniting of two or more demands or right of
and not from evidentiary or other his claim. action in a complaint. The question of the joinder of causes of action involves in
matters aliunde.
particular cases a preliminary inquiry as to whether two or more causes of action are
As to.Ap plicability , alleged (Decena v. Piquero, G.R. No. 155736, March 31, 2005). A party may in one
There is failure to state a cause of There is a lack of cause of action where pleading assert, in the alternative or otherwise, as many causes of action as he may
action where the complaint does not the evidence does not sustain the cause have against an opposing party (RULES OF COURT, Rule 2, Sec. 5).
allege a sufficient cause of action. of action alleged.
Q: State the tests involved in a joindv0causes of action.
As to when it may be Raised: , • ANS: In declaring whether more thplitonicause of action is alleged, the main thrust is
whether more than one primary rightosr subject of controversy is present. Other tests
The ground of failurcrto e a 53,yeeA==-1: e grpunc ofrA 'act of cause of action is are: (BOSS) f,-
74,`',!;r1,'.;
,:,•-
raise ink,,a emlfe:• to. evidence under ,
of action is rain otion to 1. Whether recovery on oneigfousidoould Bar recovery on the other;
dismiss under "Rut before-"a77Ra/e-33 afterklie p aintiff has rested his 2. Whether more than Oge sijAiMigfrit/A right 50'..pbject of controversy is
responsive ple560.1 ca •(,3` alleged for enforcement or adjudication :ea,*
• 3. Whether the segelevidence,would Support the oth9rNdifferent counts; or
As to.whether Evidentiary matters are evaluated or not
4. Whether SepaTate actions cqi.:110113e maintained for separate relief (Id.).
.u TA ,;.. r! •
It does not consern Iself with th,?,M4h ui It _gri,e.,e precisely e_cause the judge has ,•
and falsity nffef allegati ns Idetprrainedi the tr th arid falsity of the Q: Are there any lirnitatioRS,,to;the joinder of causes of4ectipna?
pleading. 6e, TgllegationsW hds,75t:trid the evidence ANS: The joinder-Of causeaol,action subject tos the conditions:
(CoNDA) e
"Wanting I
1. TheithfiAjcinin'.'Vithe causes of ction shalk7 Cileplyt? c ,,ith4ZRules on joinder
(Domondon v. h peCA.m. V2/012). of parties 'Y 4
2. The joihclerShp1Mlot include special civil actions' or -"actions governed by
Test of the Sufhciency\ af a Cause.-of'Achon special Rules`'
Rule
k,. 3. Where the2,causeslOf action areITIVween the same parties but pertain to
Q: What is the test pf sufficie,24,_o
c.CalcioNpAir _02
ANS: The test of sufficircy/of-lhets-VIundaka05.orriptintis constituting a cause of Different venUes.oMurisdictionstktieijoiti'derp,rov
• • ••1(.4i°.,. • •,•:
be allowed in the Regional
—akgek t a•vcourt can render a valid
action is whether or not.,„'bcfrrvftifig Vrfa-cle Trial Court provided onelogthe'causesot-actiOril,falls within the jurisdiction of
judgment upon the same rriNe.,,gporklancelVtfltiOp*pthereof (Misamis Occidental II said court andithe veinliklies therein; and
Cooperative Inc v. David, G.R. ab?-42.292.8,A..gust.25, 2005). 4. Where the clair0Aa all the causes of action are principally for recovery of
money, the Aggregate amount claimed shall be the test of jurisdiction (RULES
Splitting a Single Cause of Action and its Effect OF COURT, Rule 2, Sec. 5).
Q: What is meant by splitting of causes of action? Q: When is there a misjoinder of causes of action?
ANS: Splitting a single cause of action is the act of instituting two or more suits for the ANS: There is a misjoinder of causes of action when two or more causes of action were
same cause of action (RULES OF COURT, Rule 2, Sec. 4). It is the act of dividing a joined in one complaint when they should not be so joined. When there is a misjoinder
single cause of action, claim, or demand into two or more parts, and bringing suit for one of causes of action, the erroneously joined cause of action may be severed and
of such parts only, intending to reserve the rest for another separate action proceeded with separately upon motion by a party or upon the court's initiative (Perez v.
(REGALADO, Remedial Law Compendium (2010), p. 76) (hereinafter REGALADO, Hermano, G.R. No. 147417, July 8, 2005). It is not a ground for the dismissal of the
Remedial Law]. action (RULES OF COURT, Rule 2, Sec. 6).
Q: What is the effect of splitting a single cause of action? Q: Can there be a valid judgment in case of misjoined causes of action?
ANS: If two or more suits are instituted for a single cause of action, the filing of one (litis ANS: Yes. Misjoinder of causes of action is not a ground for dismissal. Indeed, the
pendentia or forum shopping) or a judgment upon the merits in one (res judicata) shall courts have the power to order the severance of the misjoined cause of action to be
be a ground for the dismissal of the others (RULES OF COURT, Rule 2, Sec. 4). As to proceeded with separately. However, if there is no objection to the improper joinder or
which action is to be dismissed on the ground of litis pendentia, such determination the court did not motu proprio direct a severance, then there exists no bar in the
would lie within the discretion of the court and based on the prevailing circumstances of simultaneous adjudication of all the erroneously joined causes of action (Ada v. Baylon,
the case (1 RIANO, supra at 187). G.R. No. 182435, August 13, 2012).

444 445
 Note: The foregoing Rule only applies if the court trying the case has jurisdiction over all Q: What is the effect of the non-inclusion of a necessary party?
of the causes of action therein notwithstanding the misjoinder of the same. If the court ANS: The non-inclusion of a necessary party does not prevent the court from
trying the case has no jurisdiction over a misjoined cause of action, then such misjoined proceeding in the action, and the judgment rendered therein shall be without prejudice
cause of action has to be severed from the other causes of action, and if not so severed, to the rights of such necessary party. Should the court find the reason for the omission
any adjudication rendered by the court with respect to the same would be a nullity (Id.). unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction
over his person may be obtained. The failure to comply with the order for his inclusion,
C PART/ES TO CIVIL ACTIONS (RULE .3) without justifiable cause, shall be deemed a waiver of the claim against such party
Real Parties in Interest; Indispensable Parties: Representatives as Parties: (RULES OF COURT, Rule 3, Sec. 9).
Necessary Parties: Indigent Parties: Alternative Defendants
Q: Who are indigent parties?
Q: Who is a real party in interest? ANS: An indigent party is one who has no money or property sufficient and available for
ANS: A real party in interest is the party who stands to be benefited or injured by the food, shelter, and basic necessities for himself and his family. Upon ex parte application
judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise and hearing, a party may be authorized by the court to litigate his action, claim or
authorized by the law or Rules, every action must be prosecuted or defended in the defense as an indigent. Such party will be exempted from the payment of docket fees
name of the real party in interest (RULES OF COURT, Rule 3, Sec. 2). and of transcript of stenographic notes. However, the amount of the docket and other
Note: To be a real party-in-interest ,the=interest must be 'real', which is a present lawful fees shall be a lien on the judgment rendered in the case favorable to the
substantial interest as distingpishal frogi meraicontiggency, or a future, contingent, indigent; it will not be a lien when the,cdart provides otherwise (RULES OF COURT,
subordinate, or conseque lest (R,319 v etrdbanl).9.R. No. 165142, December Rule 3, Sec. 21).
10, 2007).
Q: May the plaintiff implead save'iakdefendants and have inconsistent claims
Q: Who is an indipensOlelVy?-----7------„,, against each of them? •
ANS: An indispoe,n`s'abirdfrity is .a) real petty-in-icitere,steztho,ut whom no final ANS: Yes. Where the plaintiff is uncertainlagainSt-wlio,:ofsAyeral persons he is entitled
determination can betli of an action (RIOE&OF COURT,Vle 3 'Sec. 7). The joinder to relief, he may join any or all of them as-defendants Mlle alternative, although a right
of :party becorpes coinpulsory when ,tha. ;prie arf indispensable party to relief against one may' be inconsistent frith a right to relief 'against the other (RULES
(Crisologo v. JEtAdro-IndtatilaTUorporabon,
. 19689 arch 3, 2014). OF COURT, Rule 3, Sec, 13). el
I 1
Q: What is thi effect of not itnpleading,the;inuispetrable pirtyq1 Compulsory and Permissive Joinder of Parties
ANS: The Rule is-sett ed thVff non-jbrindert-§f indisvpsable parties is not a ground for
the dismissal 0..ap)ictick,TA; remedy is to, inii7e/ed.,the horkparly claimed to be Q: When is permissive joinder of parties allowed?
indispensable. ,arties may bè/added b-Yi orclorzf e!cbtirt o9fmotibllof the party or on ANS: Parties...can be joined. in a single complaint of r090firos,elyes maintain or be
itsiown initiativelf any gage clsthe\a,Zion and/1)/4*h times as are just. If petitioner sued in separate suits: , Norrnally,'fotndetiOf parties is''Permissive provided that the
refuses to impleact an indivensablerty despi esIbe order of thei court, the latter may following requisites concur: (CAP) rl
dismiss the cornIzlaint/petiton grNitti effigf'spetitionery failure to comply 1. There is a question'of law or factiCommon to all plaintiffs or defendants;
therewith (DivInagracia v. PkollakG_ .R.-N .5750, MarcV3, 2015). 2. The right to relief Arises from the':04:trepaction or series of transactions;
N .( and
Q: Who can be representativeVq1partipg bk, 3. The joinder is not Proscribed by the provisions of the Rules on jurisdiction and
ANS: A representative may it'a.trUstee-ofan- apjles rust, a guardian, an executor or venue (RULES:OF COURT, Rule 3, Sec. 6).
administrator or a party authorized by ravrtirthe Rules of Court (RULES OF COURT,
Rule 3, Sec. 3). Q: When is joinder of parties compulsory?
ANS: Joinder of a party becomes compulsory when the one involved is an
Q: Are representatives allowed as parties? indispensable party. Where an indispensable party is not a party to an action, the court
ANS: Yes. Where the action is allowed to be prosecuted or defended by a shall order that he be joined as a party to the action (RULES OF COURT, Rule 3, Sec.
representative or someone acting in a fiduciary capacity, the beneficiary shall be 7).
included in the title of the case and shall be deemed to be the real party in interest. An
agent acting in his own name and for the benefit of an undisclosed principal may sue or Misjoinder and Non-Joinder of Parties
be sued without joining the principal except when the contract involves things belonging
Q: When is there a misjoinder of parties?
to the principal (RULES OF COURT, Rule 3, Sec. 3). ANS: A party is misjoined when he is made a party to the action although he should not
be impleaded (1 RIANO, Civil Procedure, supra at 230).
Q: Who are necessary parties?
ANS: A necessary party is one who is not indispensable but who ought to be joined as a Q: Define non-joinder of parties.
party if complete relief is to be accorded or for a complete determination or settlement of ANS: It means the failure to bring a person who is a necessary party or in this case an
the claim subject of the action (RULES OF COURT, Rule 3, Sec. 8). indispensable party into a lawsuit (Heirs of Mesina V Heirs of Fian, Sr. G.R. No. 201816,
April 8, 2013).

446 447
Q: Is the misjoinder or non-joinder of parties a ground for dismissal? b. After entry of final judgment but before execution - all claims
ANS: The misjoinder or non-joinder of a party is not per se a ground for the dismissal of against the decedent, whether due, not due, or contingent, must
the action (RULES OF COURT, Rule 3, Sec. 11). However, when the court orders the be filed within the time limited in the notice as a claim against
adding or dropping of a party and such is not obeyed, the ground for dismissal will be the estate (RULES OF COURT, RULE 86, Sec. 5). The plaintiff
the failure to comply with the court's order (RULES OF COURT, Rule 17, Sec. 3). cannot move for execution under Rule 39; or
c. After levy or execution but before auction sale — the property
Class Suits actually levied may be sold for the satisfaction of the judgment
obligation (RULES OF COURT, RULE 39, Sec. 7, par. c).
Q: What is a class suit? B. If it involves a non-contractual money claim or claims which are
ANS: A class suit is an action where the subject matter of the controversy is one of
common or general interest to many persons so numerous that it is impracticable to join mentioned in Section 7, Rule 86 and Section 1, Rule 87, there must be
substitution (1 RIANO, supra at 238).
all as parties and a number of them which the court finds to be sufficiently numerous
and representative as to fully protect the interests of all concerned may sue or defend
Q: What is the remedy if one of the co-plaintiff is unwilling to join the case?
for the benefit of all (RULES OF COURT, Rule 3, Sec. 12). ANS: If the consent of any party who should be joined as plaintiff cannot be obtained,
he may be made a defendant and the reason thereof shall be stated in the complaint
Q: What are the requisites of a class suit? (RULES OF COURT, Rule 3, Sec. 10).
ANS: The following are the requsiteszorroTat-s,suitUCIS)
1. The subject matte 6f ontroty 1.7 o e Zif4Common or general interest to D. VENUE (RULE 4)
many persons;
2. The partiesipaffec eci.,re wriVrTigaretth it i mp a ticable to bring them all Venue of Real Actions
to court; apd , Q: What is the venue of real actions,l ,
3. The pa 'bringing )hears's°13177re-nfficlently,nugiq ous or representative ANS: Where the action is real,-the venuegs-Idcalli'hence,thoWenue is the place where
of the ,clad clan fully) prhcf,ttie inf9regtslf-iaa‘concerned (Juana the real property involved, or any portion thereof, is situated' (RULES OF COURT, Rule
Complexeotrers ASsociation, Inc. V Fil-E (Wand, Inc. G.R. No. 4, Sec. 1).
t.,,,, )
1522712 71 5, 2012)
1, Venue of Personal Actions ..
Suits against Entitle without Juridical Personality
PJ1 ai c° Q: What is the ,.venue of personal action?
CI:,Discuss the-4 regarsVlg sult!Agatrist entitiegaVitho y•-• a
t juridi
.
cal personality.
ANS: If the action is personal, the veriueMtransitory; hence ti is the residence of the
ANS: Persons assocjated 9.•\ Nentitywitlloyuridfak.p.ersorlality<may be sued under
ICiWn, blit the cannot sue under plaintiff or ark of the'Orincitial plaintiffs, of residerkerofftheic*oild'ent or any of the
the name by w ral tax ar 6e ;erelly4q v.:003ogly/J principal defendants, at.the, election',OfithercirOintiff (RuL'sloteolbio-, Rule 4, Sec 2).
such name. In thte answez of ''',a,5 4ridant,ADoWnies aricraddresses of the persons
composing said entity must all bee. aled sells SYOF COURT, Rufe 3, Sec. 15). P.].5
Venue of Actions against Non-Residents'-I
Effect of Death of Pa Q: Discuss the Rules ,;• orwenue of actionkagainstirion-rosidents.
444,,e complaint? ANS: If the action is personal andAh'elrefeikigriiVri'Oii-resident, the venue is the
Q: What is the effect of 'of a pa y
residence of the plaintiff or whele the non-resident defendant may be found, at the
ANS: Where the claim is no extInguishechttpecteat ofthe litigant: (IS-ExecAd-G) election of the plaintiff (R.ULESbF COURT, Rule 4, Sec. 2).
1. The counsel shall inforrPthe,00urt,ptsuch act within 30 days from such death
and to give the name and address of the legal representative;
When the action is real, and the defendant is a non-resident not found in the Philippines
2. Heirs may be Substituted for the deceased; or and the action affects the personal status of the plaintiff or any property of the defendant
3. If no legal representative is named, the court will order the opposing party to in the Philippines, the venue shall be the residence of the plaintiff or where the property
procure the appointment of an Executor or Administrator for the estate of the
or any portion thereof is situated (RULES OF COURT, Rule 4, Sec. 3).
deceased; and
4. In case of minor heirs, the court may appoint a Guardian ad litem for them When the Rules on Venue do not Apply
(RULES OF COURT, Rule 3, Sec. 16).
Q: When are the Rules on venue not applicable?
Q: What are the Rules when the action survives the death of the party? ANS: The Rules on venue shall not apply where:
ANS: It depends if the action involves a contractual money claim or not: 1. The Rules or substantive law provides otherwise, e.g., an action for damages
A. If it is a contractual money claim: arising from libel; and the power of the Supreme Court to order a change of
1. If the plaintiff dies - the case will continue and the heirs or legal venue to avoid miscarriage of justice (CONST., Art. VIII, Sec. 5, par. 4);
representatives will proceed as substitutes; or 2. The parties have validly agreed in writing before the filing of the action on the
2. If the defendant dies: exclusive venue thereof (RULES OF COURT, Rule 4, Sec. 4).
a. Before entry of final judgment - the case shall not be dismissed
but shall be allowed to continue until entry of final judgment
(RULES OF COURT, RULE 3, Sec. 20);

448 449
 Effects ofStipulation on Venue Negative Pregnant
Q: Can the parties agree upon a specific venue? Q: What is a negative pregnant?
ANS: Yes. The parties may validly agree upon a specific venue which could be in a ANS: It is said to be a denial pregnant with an admission of the substantial facts in the
place where neither of them resides, provided the following requisites are met: (WEB) pleading responded to. It is not a specific denial, and is actually an admission. This
1. The agreement must be in Writing; arises when the pleader merely repeats the allegations in a negative form (1
2. There must be Exclusivity as to the selection of the venue; and REGALADO, Remedial Law supra at 181). Where a fact is alleged with some qualifying
3. It must be made Before the filing of the action (RULES OF COURT, Rule 4, or modifying language, and the denial is conjunctive, a 'negative pregnant' exists, and
Sec.4). only the qualification or modification is denied, while the fact itself is admitted (Venzon v.
Rural Bank of Buenavista, G.R. No. 178031, August 28, 2013).
E PLEADINGS
Affirmative Defenses
Q: What are pleadings?
ANS: Pleadings are the written statements of the respective claims and defenses of the Q: What is an affirmative defense?
parties submitted to the court for appropriate judgment (RULES OF COURT, Rule 6, ANS: Itis an allegation of a new matter which, while hypothetically admitting the material
Sec. 1). allegations in the pleading of the claimant, would nevertheless prevent or bar recovery
by him. The affirmative defenses includ5pud, statute of limitations, release, payment,
Kinds of Pleadings (Rule 6) illegality, statute of frauds, estoppel, forinfii recovery, discharge in bankruptcy, and any
il ), other matter by way of confessioniand av idance (RULES OF COURT, Rule 6, Sec. 5,
Q: What are pleadings alpwRdpythe Ru e ofIC?urt4in a ordinary civil action? par. b).
ANS: The following ar haOs i gs'alfdradt'y ae Rig,eeof ourt:
1. Complaint. Counterclaims
<R
2. Answer; 1,
3. Countescla' 7 IF .".
A. A
Q: What are counterciaimsT.' . —r ,
ANS: Counterclaims refegtO claims ,whi'dh a defending pa"0 may have against an
4. Cross-Claim;
5. Thirdk (fpupietc.) party r.nmplarot , opposing party (RULE&F„COURT0,16, Sec. 6). It partakes of a complaint by the
6. Complain -Infinterverition,,,,angi ii ,Il ..),,„ defendant against the pl6intiff (1 RON°, supra supra at 314). i 1;,
.43. 1r § 1! .i
7. Replli' PULES OF dOURt. 1361010[SeC(2). ,,,, ,.p..,44.- . n',- i 0 ,
,--mil .c-: Compulsory Count‘rclaim!' ''si.-
. eD,'-'
1 if \
Complaint < Q: What is a tompuls&y Rcounterclaim .
- Am ,,.
.r.r., ,
ANS: A compulsorY'Z'ounterclaim''',* a djpim whichsatistes.- eVaildwing requisites:
:hat is an ipatory pleagin,
Q111,(
ANS: It is an incipientapplic\41, for relief (Cruz-Agana v. (CoCo-Not-JEx) ::u'-.4, :ii K1
7, ,,,,,-4.,
Santiago-LagmaiVR. N 139 1. It is Cognizable regyfar courts of justice;"°
2. It arises ark of, or iConnected with the transaction or occurrence constituting
Q: What is a complq!nt? SC IENIA- the subject rnOtt!rOthe opposirg;15#01tr,)ptitn;
ANS: A complaint is ail igii pledinaAegi gi tbeyitatnttiffs cause or causes of 3. It does Not reOlite for its adjudication tykpfesence of third parties of whom
action. The names and residerc9Vof the plairltifkOcrcle" endant must be stated in the the court canopt acquifOrisdiction;
complaint (RULES OF CO RT,,Rule 6, Se40).styldlontain a concise statement of 4. It must be wittilrkth011itrisdiction of the court both as to the amount and the
the ultimate facts constituting thrplaintlfCs.causew6raction. The jurisdiction of the court nature thereof, e$seePt that in an original action before the RTC, the
and the nature of the action are determined by the averments in the complaint (Fort counterclaim may be considered compulsory regardless of the amount
Bonifacio Development Corporation v. Domingo, G.R. No. 180765, February 27, 2009). (RULES OF COURT, Rule 6, Sec. 7); and
5. It is already in Existence at the time that the defending party files his answer
Answer (RULES OF COURT, Rule 11, Sec. 8).
Q: What is an answer?
ANS: An answer is a responsive pleading in which a defending party sets forth his Q: Why is the filing of a compulsory counterclaim important?
defenses (RULES OF COURT, Rule 6, Sec. 4). ANS: The failure of the defendant to set up a compulsory counterclaim shall bar its
institution (RULES OF COURT, Rule 9, Sec. 2), however:
Q: What types of defenses may be set up by the defendant? 1. If the counterclaim matured or was acquired after the defendant had served
ANS: The defendant may set up two kinds of defenses: negative and affirmative his answer, it may be pleaded by filing a supplemental answer or pleading
defenses (RULES OF COURT, Rule 6, Sec. 5). before judgment, with leave of court (RULES OF COURT, Rule 10, Sec. 6;
Rule 11, Sec. 9); and
Negative Defenses 2. When a pleader fails to set-up a counterclaim through oversight, inadvertence,
excusable negligence, or when justice requires, he may, by leave of court, set-
Q: What is a negative defense? up the counterclaim by amendment of the pleadings before judgment (RULES
ANS: A negative defense is the specific denial of the material fact or facts alleged in the OF COURT, Rule 11, Sec. 10).
pleading of the claimant essential to his cause or causes of action (RULES OF COURT,
Rule 6, Sec. 5, par. (a)).

450 451
 ,j1,:.'4,4214,0‘.' • CP '•.•,'21„V•:.

Permissive Counterclaim Note: Payment of docket fees for compulsory counterclaims remains to be suspended.
Q: What is a permissive counterclaim? The ruling in Korea Technologies Co., Ltd. v. Lerma, G.R. No. 143581, January 7, 2008
ANS: A counterclaim is permissive if it does not arise out of or is not necessarily with respect to the requirement of payment of docket fees for compulsory counterclaims
connected with the subject matter of the opposing party's claim. A permissive has been deleted in a revised issuance (Office of the Court Administrator Circular 96-
counterclaim is essentially an independent claim that may be filed separately in another 2009, August 13, 2009).
case (Alba v. Ma/apajo, G.R. No. 198752, January 13, 2016).
Effect On Counterclaim When The Complaint Is Dismissed
Q: What are the criteria in determining whether a counterclaim is compulsory or Q: What is the effect on the counterclaim when the complaint is dismissed?
permissive? ANS: The dismissal of the complaint where the defendant has previously filed an
ANS: The criteria are as follows: RILE answer and a counterclaim, whether compulsory or permissive, shall allow the latter to
1. Would Res judicata bar a subsequent suit on defendants claim, absent the prosecute the counterclaim whether in the same or a separate action notwithstanding
compulsory counterclaim Rule? such dismissal:
2. Are Issues of fact and law raised by the claim and by the counterclaim largely 1. If no motion to dismiss has been filed, any of the grounds for dismissal
the same? provided for in this Rule may be pleaded as an affirmative defense in the
3. Is there any Logical relation between the claim and the counterclaim? answer and, in the discretion of the court, a preliminary hearing may be had
4. Will substantially the saw.Evidenee.support or refute plaintiff's claim as well thereon as if a motion to disrnA had been filed. If during the hearing on the
as defendant's counterliaim? (id.); 7,‘ f."''''... affirmative defenses, tt2e*Oirt decides to dismiss the complaint, the
If the answer to all is yes,tan th'etcounterclaim is compulsory. counterclaim pleaded ,in the' compulsory or permissive, is not
Q: What are the distinctions 71between
11. ) -,:''''''''''':( t,
permissiVecounterclaim and compulsory
dismissed (RULES OF COURT R'u'le 16, Sec. 6, par. 2 ).
2. Where the plaintiff himself files.' a;motion to dismissflis own complaint after the
counterclaim? / r...-------7"------....,, -°. -t-'' \
\ ‘‘ . dk i,
ANS: The followin0a5ei e distinctions between a pervssixe counterclaim and a
defendant has filed an wisv*MtriailtikcIptiAtclismissal shall be without
prejudice to the rjghrof the de his counterclaim in a
compulsory couvierolbrip. (B/SIC) r . ,-..
separate action tintess 15Vays from notice 9fitne motion, he manifests
Permissive Counterclaim CompulsOry Counietclaim his preferencelto have his -counterclaim resolved in Ole same action (RULES
OF COURT, P0147,S„ecA). Ft%
As to Basis • • • " 3. Where the,pornpraint'Ti dismissed'idue to the plaintiffs fault and at a time when
One which does not arise out of nor liorie whicp Oses out ofio:r is necessarily a counterclaim has alreadyc keerVet up, the dismissal is also without prejudice
is it necess4rify efinneggAitli—tife connected ,._:With I theme transaction or to tlid;tight ofOthe defendant to prosecute
, hib counterclaim in the same or
subject matte''‘'o the oppcj.ria party'i, ocpufren,c4--3iiat is the\iskibject matter of separate action,OULES:,OF COURT, RulellAS076)p.g"r7"
thv,opPE4 .thd
claim. .., , Trig
/ pa 's claim.
Cross-C/aims •
As to necessity of Answer
Q: What is a cross-claim?
la
A permissive cou terclaiii ' 1 5?uleo'rycpu,nterclaim that merely ANS: A cross claim refers taany claim byonelptykagainst •
a co-party arising out of the
answered by the par ktgair9 w lorritits. —reiterates‘4,9c1defenses are deemed transaction or occurrenegihat is,thegsubjectatiatter,edgiffier the original action or of a
is interposed. Otherwise- lte ay bet ;co 6
tiii4iscreVk
. ‘ , ,....
without a reply. In such counterclaim therein. 4ross-c1410may include a claim that the party against whom it is
declared in default as o the• a case,,failure to answer may not be a asserted is or may be IlablVoAle cross-claimant for all or part of a claim asserted in the
counterclaim. ''''''",.. —cau'Velor a declaration of default. action against the cross-claimant (RULES OF COURT, Rule 6, Sec. 8). A cross-claim
may be filed against the original cross-claimant (RULES OF COURT, Rule 6, Sec. 9).
As to requirement of certification against Shopping ,
It shall be accompanied by a It does not need for such certification. Third (Fourth, Etc.) Party Complaints
certification against forum shopping, Q: What is a third (fourth, etc.) party complaint?
and whenever required by law, also a ANS: It refers to a complaint independent of the plaintiffs complaint where the
certificate to file action issued by the defendant may, with leave of court, file against a person not a party to the action for
Lupong Tagapamayapa. contribution, indemnity, subrogation or any other relief, in respect of his opponent's
I I ,
As to whether it isinitiatory.or.not .• claim (RULES OF COURT, Rule 6, Sec. 11).
Initiatory pleading Not an initiatory pleading Complaint-in-Intervention
. •.
" As to effect of failure to,set up the Counterclaim ' Q: What is a complaint-in-intervention?
A permissive counterclaim may be set ANS: A complaint-in-intervention refers to a pleading filed by a third person who is not a
A compulsory counterclaim shall be
party to the action but having an interest in the matter of the litigation and asserting a
up as an independent action and will contained in the answer because a
claim against either or all of the original parties to the action. Such party may, with leave
not be barred if not contained in the compulsory counterclaim not set up shall
of court, become a party to the pending action (RULES OF COURT, Rule 19, Sec. 1).
answer to the complaint. be barred.
(Lafarge Cement Philippines, Inc. v. Continental Cement Corporation, supra).
452 453
 15 t7Z11.41,',

Pleadings under the .1991 Revised Rule on Summary Procedure

Reply
Q: What is a reply? Q: What pleadings are allowed in cases governed by the Rules on Summary
ANS: A reply is the responsive pleading to an answer. Its function is to deny or allege Procedure?
facts in denial or avoidance of new matters alleged by way of defense in the answer, ANS: The only pleadings allowed under this Rule, which must all be verified, are:
thereby joining or making issue as to such new matters (RULES OF COURT, Rule 6, 1. Complaint,
Sec. 10). 2. Compulsory counterclaims pleaded in the answer; and
3. Cross claims pleaded in the answer and the answers thereto (Revised Rules
Q: Is the plaintiff required to file a reply? on Summary Procedure, Sec. 3, par. (a)).
ANS: The general rule is that the filing of a reply is not mandatory and will not have an
adverse effect since all the new matters alleged in the answer will be deemed Q: What are the prohibited pleadings and motions under the rule on Summary
controverted or denied (RULES OF COURT, Rule 6, Sec. 10). However, when the Procedure? (DiBiN-REM-CeD-PReTI)
defense in the answer is based upon a written instrument or document, said instrument ANS: The following pleadings, motions or petitions shall not be allowed in the cases
covered by this Rule:
is considered an actionable document (RULES OF COURT, Rule 8, Sec. 7). Hence, the
plaintiff has to file a reply under oath if he desires to deny specifically the genuineness 1. Motion to Dismiss the complaint or to quash the complaint or information
and due execution of the actionable document, and avoid an admission of such matters except on the ground of lack of jurisdiction over the subject matter, or failure to
comply with the preceding section;
(1 RIANO, supra at 336).
2. Motion for a Bill of particularsr
1D 1 \7>% ' ....
Pleadings under The 20 6RevreldRu,e of Procedur'e forSmall Claims 3. Motion for New trial, or for of a judgment, or for reopening of
if N ) A.....-------7.--4!: tc-
Q: What pleadingspt Vots,dgin small claims case,,,s
trial;
4. Petition for Relief from judgment
ANS: The pleadings alroVsimnsmall'i;iairns es-a‘the: 5. Motion for Extension of tirnetiolile;pleedings,.sffidavits or any other paper;
1. StatemO Klaim (A.M. MN 08i8-7-S,C, Sec, 5), 6. Memoranda; -'
2. Respo . se Aa No. 08-8-71SC/iSec.214); and, 7. Petition for Certiorari, mandamuS; or prohibition against any interlocutory order
3. u , r-clainfin the response .(A,M No. 08-837-SC Sef13). issued by theocurt;
Note: The Rul9 gProcedurl foT6rTiarti\sims Cases p rovides t st,,,tPie defendant may 8. Motion to Declare the defendant; default;
also elect to file a-colnterclar abetriSytti,S pOrififf thit does riot ariss, out of the same 9. DilatorymotionsfikPOstponement;
rrpmvidedrthat4170-
transaction or .c)cquri-snce, 3, 4Mbunt and natu)ie-thdreof are within the 10. Reply;,"
coverage of aforesaid Ri.k5, n,d ..._2p
ti 1 ciocile :15es and ofh;er legal fees are 11. Thirdtparty complaints;
paid. Thus, pe Tr.counte claim is pilo e6subjecti o)he liricitatici stated (Id.). 12. fnteWSKtions,(8eiiised Rules on ummatyPrOcedikeNSee1,9).
P'
n , ,:-...
Q:'What are the prohibite 41eaElings a dmotio s under the Revised Rule of Parts of a Pleading (Rule A,
A. Cas
Procedure for Srrfll Clad ms e
Case r/
ANS: The following pleadings, rnp_fions;T rretitlo9s span not b allowed in the cases Caption
covered by this Rule. DIB-Nde LREIVI,CMP;D eDFOTY
Q: What is a caption?:: '
1. Motion to Dismksfth Statfnent-ofele"im/sISV,
2. Motion for a Bill of:parlicidars; \
A ANS: The caption is theipart otthe pleading which contains the name of the court, the
title of the action whiclvindicates the names of the parties, and the docket number, if
3. Motion for New trial Nfor reconsid..,..10no6f a judgment, or for reopening of
assigned (RULES OF COURt:Rule 7, Sec. 1).
trial;
4. Petition for Relief from judgment;
Verification and Certification against Forum Shopping
5. Motion for Extension of time to file pleadings, affidavits, or any other paper;
6. Memoranda; Q: When is verification required?
7. Petition for Certiorari, Mandamus, or Prohibition against any interlocutory order ANS: As a general rule, a pleading need not be under oath or verified or accompanied
issued by the court; by an affidavit, unless it is required by a law or by a Rule (RULES OF COURT, Rule 7,
8. Motion to Declare the defendant in default; Sec. 4). A pleading required to be verified but lacks the proper verification shall be
9. Dilatory motions for postponement; treated as an unsigned pleading, as if not filed in court. Hence, it produces no legal
10. Reply and rejoinder; effect (RULES OF COURT, Rule 7, Sec. 3).
11. Third-party complaints; and
12. Interventions (A.M. No. 08-08-7-SC, Sec. 16). A pleading is verified by an affidavit which declares that the affiant has read the pleading
and that the allegations therein are true and correct of his personal knowledge or based
on authentic records (RULES OF COURT, Rule 7, Sec. 4).
Note: The court may, however, order the correction of the pleading, if the attending
circumstances are such that a strict compliance may be dispensed with in the interest of
justice since verification is only a formal and not a jurisdictional requirement (1
REGALADO, Remedial Law supra at 163).

455
454
Q: What is a certification against forum shopping? Requirements of a Corporation Executing the Verification/Certification of Non-
ANS: The certification against forum shopping is a mandatory requirement in filing an Forum Shopping
initiatory pleading and is executed by the plaintiff or the principal party and not by his
Q: What are the requirements of a corporation executing the
counsel (Eagle Star Security Services, Inc. v. Mirando, G.R. No. 179512, July 30 2009). verification/certification of non-forum shopping?
The plaintiff or the principal party shall certify under oath: (COL) ANS: Where the plaintiff or a principal party is a juridical entity like a corporation, it may
1. That the party has not Commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, that to the best be executed by a properly authorized person. This person may be the lawyer of the
of his knowledge no such other action or claim is pending; corporation so long as he is specifically authorized by the corporation and has personal
knowledge of the facts required to be disclosed therein (National Steel Corporation v.
2. That if there is such Other pending action or claim, a complete statement of
CA, G.R. No. 134468, August 29, 2002).
the present status thereof; and Note: The following officials or employees of the company can sign the verification and
3. That if he should therefore Learn that the same or similar action or claim has
certification without need of a board resolution: (CP-PEG)
been filed or is pending, he shall report that fact within 5 days therefrom to the
1. Chairperson of the Board of Directors;
court where his aforesaid complaint or initiatory pleading has been filed
2. President of a corporation;
(RULES OF COURT, Rule 7, Sec. 5).
3. Personnel Officer; and
4. Employment Specialist in a labowase; and
Q: What is forum shopping? 5. General Manager or Acting General Manager;
ANS: Forum shopping is thg„,att by ty of repetkely availing of several judicial
Note: The above cases do not proyide theacomplete listing of authorized signatories. As
remedies in different cougariimilltaneou&orAcceitiviely,,,all substantially founded on
long as one is in a position to verify the trilOulness and correctness of the allegations in
the same transactionsAccilie Abi-...essential,Lacts Of gircuvistances, and all raising
the petition, the official can sign the verification and certification without need of a board
substantially the sagielip es>itfibr pending or treadr Sqliced adversely by some
resolution (Swedish Match PHL. v.-ThaVirpastrar of the. City of Manila, G.R. No.
itei, InvestlgaWr and-Dactisri G 14 , G.R. No. 208090,
other court (Tomas' vNirrnal 181277, July 3, 2013). '
November 9, 201/51(r) r
P A, 7. Effect of the Signature of Counsel in a 14ading
Q: What is the est to deter ine the presence of forum shofng
ANS: In deter inn e ores, nca ofjorum: shopping, t e test s oial be whether in the Q: What is the effect of the signature otthe counsel in a pleading?
two or more c5sie-pe ding there igC(PRRYI J,:\---'1V ANS: The counsel's signature-certifies thav(PIG)
1. Identity rties; ii-4,,',.; ii!,. "2.1-1I 1. He has.read the 'Pleading;
2. Identipro ..,..t,ghteg rted anerili46rayed op ;pd 2. To the best of.his knowledge, information, and belief, there is a good Ground
3. IdentiVrorty2 pre„si hgg parcicuirpj‘ suchatanyiltidKrfent
1 i
rendered in the to s4pport it; arid , 6,4,1
pendinvg-case) reg r.cleks of*hy,Oarty i -s ces§ ul, wOild amount to Res 3. It is not Interposed for delay (RULES OF COURT Rula:Z,',$ec. 3).
judicatat In'th4ther*Os\qrd1Pa
. & L._ ,1 ter atiorig I Corporation v. East West 1-6
4

Banking\Krporation, G . o',,2 0,6 6":-.41.1 27, 2016 ). Q: What are ultimate facts?
ANS: Ultimate facts are such facts as areto,,essential that they cannot be stricken out
L. Pey A AtN ru shopping?
Q: What is the effecte no9-complia- c - ith- 44t.ile rigo, without leaving the statement of cause oraCIi6:ntinadequate (Canete v. Genuino Ice
ANS: The failure to copplait7trewrequired"-ceqffiatipris not curable by mere Company, G.R. No. 154080, January 22, kioaf.Aiv,o •
amendment and shall bea%_ cause or diV)Ssaf3f4le• action without prejudice, unless
Q L 9.6F COURT, Rule 7, Sec. 5).
otherwise provided, upon motZmajt4lezyyLfi Manner of Making Allegations-(Rule 8)
Q: Discuss the manner of making allegations.
Q: Can the dismissal on the ground of non-compliance with the rule on forum
ANS: Every pleading shall contain in a methodical and logical form, a plain, concise and
shopping be done by the court motu proprio?
direct statement of the ultimate facts on which the party pleading relies for his claim or
ANS: No. The Rule requires that the dismissal be upon motion and after hearing
defense, omitting statements of evidentiary facts (RULES OF COURT, Rule 8, Sec. 1).
(RULES OF COURT, Rule 7, Sec. 5).
Conditions Precedent
Q: What is the effect of the submission of a false certification or non-compliance
with any of the undertakings in the certificate of non-forum shopping? Q: How are conditions precedent pleaded?
ANS: It will constitute an indirect contempt of court, without prejudice to corresponding ANS: Where there are matters that must be complied with before a cause of action will
administrative and criminal actions (RULES OF COURT, Rule 7, Sec. 5). arise, a general averment of the performance or occurrence of all such conditions
precedent shall suffice (RULES OF COURT, Rule 8, Sec. 3).
Q: What are the effects if the act done by the party or counsel willfully and
deliberately constitutes forum shopping? Fraud. Mistake. Malice. Intent. Knowledge and Other Conditions of the Mind
ANS: The effects are as follows: (SAD)
Q: Discuss the manner of pleading fraud, mistake, intent, knowledge and other
1. The same shall be a ground for Summary dismissal with prejudice; conditions of the mind.
2. It will be a ground for Administrative sanctions; and ANS: In pleading fraud or mistake, the circumstances constituting such fraud or mistake
3. It shall constitute Direct contempt (RULES OF COURT, Rule 7, Sec. 5). must be stated with particularity. In pleading Malice, Intent, Knowledge, or Other
conditions (MIKO) of the mind of a person, the same may be averred generally given

456 457
 •

the difficulty in stating the particulars constituting these matters (RULES OF COURT, Note: The following are, nevertheless, not deemed admitted by the failure to make a
Rule 8, Sec. 5). specific denial: (ACN)
1. Amount of unliquidated damages;
Pleading an Actionable Document 2. Conclusions in a pleading which do not have to be denied at all because only
Q: What is an actionable document? ultimate facts need be alleged in a pleading; and
ANS: An actionable document is a written instrument or document upon which an action 3. Non-material averments or allegations are not deemed admitted because only
or defense is based (1 RIANO, supra at 280). material allegations have to be denied (RULES OF COURT, Rule 8, Sec. 11).

Q: How is an actionable document pleaded? When a Specific Denial Requires an Oath

ANS: When an actionable document is the basis of a pleading, the pleader must either: Q: When is an oath required in a specific denial?
1. Set forth the substance of such document in the pleading and attach the ANS: An oath is required in the denial of the: (AU)
original or a copy thereof as an exhibit, which shall be deemed to be a part of 1. Genuineness and due execution of an Actionable document (RULES OF
the pleading; or COURT, Rule 8, Sec. 8); and
2. Set forth the said document verbatim in the pleading (RULES OF COURT, 2. Allegations of Usury in a complaint (not allegations of usury in the answer) to
Rule 8, Sec. 7). recover usurious interest (RULES OF COURT, Rule 8, Sec. 11).

SpecificDenials Q: What are the exceptions to theo-equ ement of an oath in contesting actionable
documents?
Q: What are the types o
ANS: The exceptions are:
ANS: The three type„Opeci
1. When the adverse party does,,FrAppear to be a party to the instrument; or
1. Absoluteddenia141
2. When compliance wit4.14 biglifolgliNectio,,r‘clathe original instrument is
2. Partial denj.aIMKI
G.R. No. 174673, refused (RULES 9.,,GbURTgRdie 8, SeC.'8)1-Gra,.ot
3. Denialhy Digrow
3. Where the verified complaint contested the actionable document, the
Janua!), 11, 016). Af,,
defendants were placed onilkikpate notice thatittry, would be called upon
during trial tolpeoV,e, theigenuines,e or due execution of the disputed actionable
Q: What is an a sot te denial?
d2ocluom"z
enVTitanAn:s.truction David, Sr, G.R.gNo‘ 169548, March 15,
ANS: There is emtisplute_cl inial w(fektbkle,fetidant s ecifie each] aterial allegation
oflact the truth cif-MTh 1\e s not adrniFe d whe er)/practicable, he shall set forth
the substance ‘19frtnrcatte :relies tou•port s'ac4:: enial (RULES OF
Effect of Falkire toPlead(Rule
COURT, Rule 81, Sec. 'w).
Failure to PleadDefehg,4anci Objection.,
Q: What is a partial deniatZ iro,w v.,
ANS: There is pakel denialKh Ste/ re tinflent- roesnot map a total denial of the Q: Discuss the effects of thelailure to 11 1/46t
,43. ead detenses and objections.
material allegations 11,4a sr)eppo,pa gra hr-den ing onlytadpart of the averment. In ANS: As a general rule),tht failure to raleteljtim,or an objection in an answer or a
doing so, he shall specksog ji,firesi rue rid Tterial and shall deny only the motion to dismiss shall,Waiver45,isuch' ' efenbeatiobjectjon. However, there shall be
remaining (RULES OF COUR , Mile 8, Wok no waiver of the objectiOry or defense if it is based on the following grounds: (ReLPS)
1. Res judicata;%, , \4
Q: What is a denial by disavowal of knowledge? 2. Litis pendentia;' ,,
ANS: There is a denial by disavowal of knowledge when the defendant alleges having 3. Prescription of the action; and
no knowledge or information sufficient to form a belief as to the truth of a material 4. Lack of jurisdiction over the Subject matter (RULES OF COURT, Rule 9, Sec.
averment made in the complaint (RULES OF COURT, Rule 8, Sec. 10). Such denial 1).
must be made in good faith (Warner Barnes & Co., Ltd. v. Reyes, G.R. No. L-9531, May Note: The above defenses may be raised at any stage of the proceedings (Tijam v
14, 1958). Sibonghanoy, supra).

Q: What is a general denial? Failure to P/ead a Compulsory Counterclaim and Cross-Claim

ANS: If the denial does not fall within the scope of the abovementioned kinds of a Q: What is the effect of the failure to plead a compulsory counterclaim and cross-
specific denial, it shall be considered a general denial which is considered as an claim?
admission of the averment not specifically denied (Republic v. Gimenez, supra). ANS: A compulsory counterclaim or a cross-claim that was not set up shall be barred
(RULES OF COURT, Rule 9, Sec. 2).
Effect of Failure to Make Specific Denials
Q: What is the effect of the failure to make a specific denial? Default
ANS: Where the allegation is not specifically denied, it shall be deemed admitted by the Q: Define default.
party against whom such allegation is directed against (RULES OF COURT, Rule 8, ANS: Default occurs when the defending party fails to file his answer within the
Sec. 11). reglementary period (RULES OF COURT, Rule 9, Sec. 3).

458 459
When a Declaration of Default is Proper Effect of Partial De fault
Q: When can the court order the defendant be declared in default? Q: What is the effect of a partial default?
ANS: The following must be present before the court shall order the defendant in ANS: Where a pleading asserts a claim against several defendants and some of whom
default: (JAM-N-PH) answer and the other fails to do so, the court shall try the case against all the defending
1. The court must have validly acquired Jurisdiction over the person of the parties based on the answers filed and render judgment on the evidence presented
defendant either by service of summons or voluntary appearance; where the claim states a common cause of action against them (RULES OF COURT,
2. The defendant fails to Answer within the time allowed therefor; Rule 9, Sec. 3, par. c).
3. There must be a Motion to declare the defendant in default filed by the
claiming party; Extent of Relief to be Awarded
4. There must be Notice to the defendant by serving upon him a copy of such Q: What is the extent of relief that may be awarded to a claimant?
motion (1 HERRERA, Remedial Law, supra at 807-808); ANS: Where the defendant is declared in default and subsequently judgment is
5. There must be Proof of such failure to answer; and rendered against him, such judgment shall not exceed the amount or be different in kind
6. There must be a Hearing to declare the defendant in default (RULES OF from that prayed for nor award unliquidated damages (RULES OF COURT, Rule 9, Sec.
COURT, Rule 9, Sec. 3). 3, par. d).
Effect of an Order of Default Actions where Default is notAlloweray
Q: Discuss the effects oja. ri 0er of of ut e..-MY 444.
It ' Q: Which actions prohibit a dec1,?Igi9919hdefault?
ANS: The order of default-tres he f`81 wing.effecaNN),.)- ANS: The following actions do notilillWotty to be declared in default: (ANS4)
1. The party de9 lared it e ault loses his StaRcIlng, l"ourt preventing him from
1. An action for Annulment‘Of 1.,...vwc-.
(nVii:140' ni.
taking p it in ikli, trial, e-ri TarFOV-elVer7.,partIzte in he trial as a witness ,d2.4g
(RULE C:11RT Rule 9j) Sed;'3)-07 1 2. The declaration of Nupyottnar
3. An action for legplSgparation"
„„,_,
2. Thep y in deffault phall still befOtied to Nqtice opubsequent proceedings, 4. In Special civilffetions for )ce .orari, prohibition, /aid mandamus where a
but no to takipart ip trial (RU4ES19F COURT, Rule 9;.....Be'c. 3); and comment instead of an ansWeli%/equired to be filed; ',
3. The elara on of default is Nd0 an admission of t' e truth or validity of the
plain iff g-ci ms (IVkicarMinOra afk * lino v. CA, .R. N. 92735, June 8,
5. In Small clainiiN iid ._, "1
v.,_ ,,V, 'V i.:
6. In casesApider 4ummtry procedkrte.
200 )..00104 i Il ‘l.
Note: In the t.firstthree instances, the court
t shall order the prosecuting attorney to
Note: When 4 party is ec a red red in de iLirjay either p oceed to render
judgment or regiilrts-ttl pl oil o present his;evide
hoe,
pip:4 reception of which
OUT, Rtrle 9, Sec. 3). The
investigate wftner orliTop,polluston asts;,qptween tWparties. If there is no collusion,
the court shkgrderg2iiPIAsecating,atteTy to intetil4powgtOte' in order to see
may be delegated to Ile c `tocccO, to it that the evidenceAubpitted ien'pt fabrated (RULESZOEgGOOPT, Rule 9, Sec. 3,
difference betwe'qn the Ottfaul melrin IRI- 4.6d) ailurtof the defendant to appear par. e). ,.
in the pretrial in Rule 18 is4hat, t 'Iudgqlq,n endered against a party in default under
the former shall nottpxcee&qe rIffe'ent 'ft kind from that prayed for nor Q: What is the remedYlpf thaggrievedgpousgif.tbe other spouse fails or refuses
award unliquidated dknagev UL__ ,,.,„f? le tt4e04(d)). While under Rule to answer the complaipp
18, there is no such linil ticen. or -- -..•°' -,6 ANS: Under A.M. No02-11-10,ESC (Rule on Declaration of Absolute Nullity of Void
Marriages and Annulapt,ofti/iiidable Marriages), if the defendant-spouse fails to
Relief from an Orderof Default
answer the complaint, thecTqprIcannot declare him or her in default but instead, should
Q: How can a defaulting party get relief from an Order of Default? order the prosecuting attorney to determine if collusion exists between the parties
ANS: The defaulting party may, after notice of the order of default and before judgment, (Ancheta v. Ancheta, G.R. No. 145370, March 4, 2004).
file under oath a Motion to Lift the Order of Default and show that the failure to answer
was due to Fraud, Accident, Mistake or Excusable Negligence (FAMEN), and that he Q: May a defendant be declared in default while a motion to dismiss or a motion
has a meritorious defense appearing in his affidavit of merit. In such case, the order of for bill of particulars remains pending?
default may be set aside on such terms and conditions as the judge may impose in the ANS: No. The filing of a motion for a bill of particulars suspends the running of the
interest of justice (RULES OF COURT, RULE 9, Sec. 3, par. b). period to file an answer. The period to file an answer is resumed upon the amended
complaint being filed in compliance with the court's order granting the motion for a bill of
Q: Can a denial of Motion to Lift the Order of Default be assailed by a Petition for particulars (Dumanon v. Butuan City Rural Bank, G.R. No. L-27675, December 15,
Certiorari? 1982) or upon notice of the denial of the motion, in which case the moving party may file
ANS: Yes. An order denying the Motion to Lift the Order of Default is an interlocutory his responsive pleading within the period to which he was entitled at the time of the filing
order and may be assailed by resorting to a special civil action under Rule 65 and not by of his motion and which shall not be less than 5 days in any event (RULES OF COURT,
an appeal (Prudential Bank & Trust Company v. Macadaeg, G.R. No. L-10454, May 25, Rule 12, Sec. 5).
1959).

460 461
Amended and Supplemental Pleadings (Rule 10) 3. Claims or defenses alleged in the superseded pleading which are not
incorporated in the amended pleading are deemed to have been Waived
Amendment as a Matterof Right (RULES OF COURT, Rule 10, Sec. 8).
Q: When is an amendment a matter of right?
ANS: The party has the unconditional right to amend his pleading once before a Supplemental Pleadings
responsive pleading thereto is served by the other party; in the case of a reply, at any Q: What are supplemental pleadings?
time within 10 days after it is served (RULES OF COURT, Rule 10, Sec. 2). ANS: A supplemental pleading is one which sets forth transactions, occurrences, or
events which have happened since the date of the pleading sought to be supplemented.
Q: Can the plaintiff still amend his complaint as a matter of right even if the Its filing shall require leave of court through the filing of a corresponding motion, upon
defendant has already been declared in default? reasonable notice (RULES OF COURT, Rule 10, Sec. 6).
ANS: Yes. Section 2 of Rule 10 provides that amendment is a matter of right before a
responsive pleading is filed by the defendant. The order of default is deemed lifted and Amendments to Conform to orAuthorize Presentation of Evidence
the defendant is given a new reglementary period of 15 days within which to file an
answer to the amended complaint (RULES OF COURT, Rule 11, Sec 3). Q: What is an amendment to conform to evidence?
ANS: When issues not raised in the pleadings are tried with the express or implied
Q: Can plaintiff still amend hi s complaInt-as,„k matter of right against a non- consent of the parties, they shall be treated, in all respects, as if they had been raised in
,,,,--'" the pleadings. The pleadings may, pe:•l
answering defendant even'fithe
..j
ii, otheidetenXaptsipaViled their answer? akiended to conform to such evidence, upon
ANS: Yes, where some? of plibe defendants.irvernkwered, the plaintiff may still motion of any party at any time, e92e,ri'afteirdudgment and the failure to amend shall not
amend its complaint once, a5 a,,,rhatterdflight,p repe'ct74 claims asserted solely affect the result of the trial on theSeliSstkeiLES OF COURT, Rule 10, Sec 5).
against the non-answer dfflendant_INLaglas ticlansIsseited against the other
defendants (RempfgloNndustriarSales. 4orporatio. '<bou of Appeals G.R. No. When to file a Responsive Pleading(Rille11).4
133657, May 29,i200; 1 7; "4- Q: Discuss the Rules on the periods &filling of regponeive,pleadings.
11 /7,>. 1.'‘.1.
f ANS: The following shallTbe the reglenientary periods in filingir;esponsive pleadings:
Amendments by Leave of Court -4 4. 0
"i Pleading , ' . • Period for Filing
Q: When is ant ameiIiment requiredsto bave-leave 4court? '''
--- ' - lo be made after.a,fesponsive pleading
sOu_dhfi r w illti
ANS: Where alsub tantial amendme:ptls ,,tl., 1. Answer to the- ' Within; 15 day_safter service of siimrilont unless a different
• edriRs necessary the ill- eekrng sgt amendment to
has already b en complaint ,peribd is fixed'by t e court (RULES OF COURT, Rule 11, Sec.
obtain leave o coy A mope t-qvildAn-o-0-9q,. )ith no!iceto the adverse party
P COURT, Rule 10, Sec. '-.. , .. .-• 1,7;1., 4- .
who shall be a eirdeCI the 46:,̀o nity `to bppaid (R19/"S OF s ":1.•:;nc ."3-Kt.'40 '
3). \i CA -.:. <.\:
---.
.....,s_ / I 2. Answer of a
defendant
-'
. C OA hagidesident
..-':'
. "!. ' of summons to stich agent;
k.,:w
fr.s.f
agent - within45iidays after the service
Q: Can the court .efuse to? alto -arneLdmeat?
foreign private
wr
b. If iXtbas no reT4ert4gent but it has an agent or officer
ANS: Yes. The C \ ourt ma Nifu 1)-(.a ckarri amendmenuner the following
juridical entity " inTthe Philippitatl'dwithin
circumstances: \ 4.:,---0,,-.., ..,1,- - -..,:.15 days after service of
N.C9 11RT,
' ‘?-
/ P 10, Sec. 3);
Rule ,summerietY8aidagentoriofficer ,or
1. When it is with irtn.1 -15:Jolley (40-
to
/..- L,r
vIO
''''''''':
,de If it ..,higrno resident agent, agent or officer - the service
2. When it is for malinglthe comilyit t2nfet jurisdiction upon the court (Home .,;.
of summons shall be made on the proper government office
Guarantee Corp. v. R:IrButicler,&IM.,,,GIRrNo. 192649, March 9, 2011); and
'initiiCti- will then forward it by registered mail within 10 days
3. When it is for curing a premature or non-existing cause of action (Swagman to the corporation's office. The answer must be filed within
Hotels &Travel, Inc. v. CA, G.R. No. 161135, April 8, 2005).
30 days after receipt of the summons by the entity (RULES
OF COURT, Rule 11, Sec. 2).
Formal Amendment
Q: What is a formal amendment? 3. Answer to an a. If the amendment is a matter of right, within 15 days after
ANS: A formal amendment cures a defect in the designation of the parties and other amended the service of the amended complaint.
clearly clerical or typographical errors. Said defect and errors may be summarily complaint b. If the amendment is not a matter of right, the answer
corrected by the court at any stage of the action, at its initiative or on motion, provided must be filed within 10 days from notice of the order
no prejudice is caused to the adverse party (RULES OF COURT, Rule 10, Sec. 4). admitting the same.
Note: This Rule shall apply to the answer to an amended
Effect ofAmended Pleading counterclaim, amended cross-claim, amended third (fourth,
etc.)-party complaint, and amended complaint-in-intervention
Q: Discuss the effects of an amended pleading. (RULES OF COURT, Rule 11, Sec. 3).
ANS: An amended pleading has the following effects: (SEW)
1. Amended pleading shall Supersede the pleading it amended; 4. Answer to a Within 10 days from service (RULES OF COURT, Rule 11,
2. Admissions in the superseded pleading can still be received in evidence counterclaim Sec. 4).
against the pleader but as an Extrajudicial admission which must be formally or cross-claim
offered in evidence; and

462 463
 Rule 13
5. Answer to a The period to answer shall be the same as the periods given in
third-party answering a complaint which shall either be 15, 30 or 60 days Filing versus Service of Pleadings
complaint as the case may be (RULES OF COURT, Rule 11, Sec. 5).
Q: Differentiate filing from service of pleadings.
6. Reply Within 10 days from the service of the pleading responded to ANS: Filing is the act of presenting the pleading or other papers to the clerk of court
(RULES OF COURT, Rule 11, Sec. 6). whereas service of pleadings refers to the act of providing a party with a copy of the
pleading or paper concerned (RULES OF COURT, Rule 13, Sec. 2)
7. Answer to Within 10 days from notice of the order admitting the
supplemental supplemental complaint, unless a different period is fixed by Manner of Filing
complaint the court (RULES OF COURT, Rule 11, Sec. 7).
Q: Discuss the manner of filing of pleadings.
8. Answer to a Within 10 days from service of summons (Revised Rule on ANS: The pleadings may be filed:
Summary Procedure, Sec. 5). 1. By presenting the original copy of the pleading, notice, appearance, motion,
complaint
order or judgment plainly indicated as such personally to the clerk of court who
under the
shall endorse on the pleading the date and hour of filing; or
Rules on
2. By registered mail which mustftthrough the Registry Service. The date of the
Summary
mailing or payments or deAcirsiW as shown by the post office stamp on the
Procedure TINT >.',,,t, envelope or the registryiripeAshall be considered as the date of filing,
r payment, or deposit in cobit1RUIIES OF COURT, Rule 13, Sec. 3).
Note: The court may ht30e,cto-file-tiakvalir_igs bkit may not shorten them
(ROC, Rule 11, Sec tin quo warranto proceeding f) LES OF COURT, Rule
66, Sec. 8). Modes of Service
(„\\ Personal Service
Q: What is the effect"there
ef is nPan WeriZed for ende or supplemental
complaint? Q: How is the perso*service of Neaditigs done?
ANS: An ans ere- diTer filed ma seQ.e theALswe to the !Fend d complaint if no ANS: It is made by: (poi3)
new answer is ULES C-(511/3T,t_tkhSe 3). The answe to the complaint 1. Delivering P4rsor011ytopy to tide party or his counse1;1
shall serve a I M .„njalscomp aiiit if 8
\the aurfv- or supplemental 2. By leaving it in th l'counsel's 0 e with his clerk or a person having charge
answer is filed tAL-E. G URT. Rtile-1-11:---Sec 7). thereof,
3. If nOVOreqp,ISNiund offce or his offrce7ispnot-krbwri, or he has no
F. FILING AND ERVICE ,EARI 410' ?gel NT FINAL ORDERS AND offi ceithen byleaving a;copy between 8 efitirgoc-.0.05-0Pat the party's or
counsels Residence, if known, with a person of sufficient age and discretion
RESOLUTIONS then residIngitliere1WRULES OF-,COURT, Rule 13, Sec. 6).
Rules on Paymen f DocketFees:(Effeer °WM:Pay ent Note: The personaPswvice the preferte#1 4:909 of service (De Pedro v. Romasan
Development CorporatiOn,,,GfR. No. 19475s1-;;;November 26,2014).
Q: Discuss the Rule cong, he,paymtat.orst!ke,rpfls.
O
ANS: When an action is VfilingmtistAbeNicwriganied by the payment of the Service by Mail
requisite docket and filing ep.-klurisdie0e17:4 fhe'case is acquired only upon 4
payment of the prescribed fees (P6StleAll-v.-.Pr-Sons, Inc., G.R. No. 150780, May 5, Q: How is service by regigtered mail done?
2006). ANS: Service by way of registered mail is the preferred mode of mailing (Aberca v. Ver,
G.R. No. 166216, March 14, 2012). Service by registered mail shall be made: (PSORPI)
Q: Does the court automatically lose jurisdiction when the amount of docket fees 1. By depositing the copy in the Post office;
paid is insufficient? 2. In a Sealed envelope;
ANS: No. The prevailing rule is that if the correct amount of docket fees is not paid at 3. Plainly addressed to the party or his counsel at his. Office, if known;
the time of filing, the trial court still acquires jurisdiction upon full payment of the fees 4. Otherwise, at his Residence, if known;
within a reasonable time as the court may grant, barring prescription. In this case, the 5. With postage fully Pre-paid; and
clerk of court or his duly authorized deputy has the responsibility of making a deficiency 6. With Instructions to the postmaster to return the mail to the sender after 10
assessment, and the plaintiff will be required to pay the deficiency. The non- days if undelivered (RULES OF COURT, Rule 13, Sec. 7).
specification of the amounts of damages does not immediately divest the trial court of its
jurisdiction over the case, provided there is no bad faith or intent to defraud the Q: When may a party avail of service by ordinary mail?
Government on the part of the plaintiff (Fedman Development Corp. v. Agcaoili, G.R. ANS: If no registered service is available in the locality of either the sender or the
No. 165025, August 31, 2011). addressee, service may be done by ordinary mail (RULES OF COURT, Rule 13, Sec.
7).

464 465
Substituted Service a. The Date and place of depositing the mail in the post office in a sealed
envelope addressed to the court;
Q: When is substituted service available?
b. With Postage fully prepaid; and
ANS: This mode is availed of only when there is failure to effect service either
c. With Instructions to the postmaster to return the mail to the sender after
personally or by mail when the office and residence of the party or counsel is unknown. 10 days if undelivered (RULES OF COURT, Rule 13, Sec. 12).
It is effected by the delivery of the copy to the clerk of court, with proof of failure of both
personal service and service by mail (RULES OF COURT, Rule 13, Sec. 8). Q: How is service proved?
ANS: The following rules shall apply to prove service of the pleadings:
Q: What are the modes of service of judicial affidavits under the Judicial Affidavit
1. Proof of personal service — shall consist of: (ARA)
Rule? a. The written Admission of the party served; or
ANS: The parties shall serve on the adverse party, personally or by licensed courier
b. The official Return of the server; or
service, the judicial affidavits of their witnesses not later than five days before pre-trial or c. The Affidavit of the party serving containing full information of the date,
preliminary conference or the scheduled hearing with respect to motions and incidents place and manner of the service.
(A.M. No. 12-8-8-SC, Sec. 2). 2. Proof of service by registered mail — proved by the affidavit of the person
mailing of facts showing compliance with Section 7 of Rule 13 and the registry
Service ofjudgments, final orders, orresolutions
receipt issued by the mailingepffice. The registry return card shall be filed
Q: How are judgments, fin3Ifror sarved? immediately upon its receipAbythe sender, or in lieu thereof the unclaimed
ANS: Judgments, final o .tiers, o resokOns hIldbeirs'eked either personally or by letter together with theideftifje4or sworn copy of the notice given by the
registered mail. Wh rt summonedts. .-1Publi, 9ation,,has failed to appear, postmaster to the addres,s0,04S OF COURT, Rule 13, Sec. 13).
judgments, final ordgrVj repo utions against him shade siai-vpt upon him also by way 3. Proof of service by ord4040414service shall be proved by the affidavit of
of publication at the'expe0 of he-pferailftirrarty4 1,14EgIOF • OURT, Rule 13, Sec. the mailer showing complietcAlth,Sectipp 7 of Rule 13 (Id.).
9).
G. SUMMONS
Priorities in modes of service and rift, ..._ r '‘i
Q: What is a summons? ,
\(j
Q: In the servite.tAd filing of pleaging4*ickpf the modesvislk priority? ANS: Summons is a WilltS4which as defendant is notified
I
of the
‘,.
,,action brought against
v $ c
ANS: Whenevpr p:Ac icable, the sebride_kid 9ligg of Oleadin4 a oither papers shall him (Republic v. Cpmingo4M. No. 175299, Septembert14, •,F01 V. Its purpose is two-
be done persally. ceFt respect-(dipapers em.,antisig frpm theIcourt, a resort to fold: to acquirejdrisdictionloverthe pessofirof the defendant and toViotify the defendant
other modes rust acc apied-b written-expithhapon coy the service was not that an actioratsi been'appmenced sdthkte may bydiven An opportunity to be heard
done personal ES kOUF0 1.0,3 ,41,33/0c,/ 11) They ri(eadings may be on the claimgRgainstfl-iInt ,(.i/\iatiOnt,,,,Perrdiemm Gas71gOW6TafeW,CBC, G.R. No.
considered as ript ,filed 4 Is Viola elf0/ ue ining Industrial Corp. v. 183370, August 17, 201:5).p. ,Ptvek %.=4 4'.^-,101.
-, ViV
°.,,..„ ..,..:, NT4
CA, G.R. No. 161219, October
Nature and Purpose of Summon‘ in Relation to Actions in Personam, in Rem, and
,
When Service is Deemed Cqp
Q: When is service deeTed_p9991efe?
I ENTIA-N Quasi In Rem
4,--14j CiVT, _
lF
W1g14,—,!
Q: Discuss the natuR and purpose- of ,suirimons in, relation to an action in
ANS: The following rules shqktepply: \/ personam, in rem and: quasi irfr,em.
1. A personal service is de ed complbte actual delivery; ANS: In actions in perS0am a,;Ohe purpose of summons is (1) to notify the defendant of
2. A service by way of registere marirdeemed complete upon actual receipt by the action against him; anel (2) to acquire jurisdiction over his person whereas in
the addressee or after 5 days from the date he received the first notice of the actions in rem or quasi in rem, jurisdiction over the defendant is not mandatory and
postmaster, whichever is earlier; the court acquires jurisdiction over an action so long as it acquires jurisdiction over the
3. In service by ordinary mail, it is deemed complete upon the expiration of 10 res. The purpose of summons is not the acquisition of jurisdiction but to satisfy the
days after mailing unless the court otherwise provides (RULES OF COURT, requirements of due process (Alba v. CA, G.R. No. 164041, July 29, 2005).
Rule 13, Sec. 10); and
4. In substituted service, it is complete at the time of the delivery of the copy to Rule .14
the clerk of court (RULES OF COURT, Rule 13, Sec. 8).
VoluntaryAppearance
001
Proof of Filing and Service Q: What is the effect of a voluntary appearance?
ANS: Where the defendant makes a voluntary appearance in the action it shall be the
Q: How is filing proved?
equivalent to service of summons and jurisdiction is acquired over him (RULES OF
ANS: The filing of a pleading or paper is proved by its existence in the record. If it is not
COURT, Rule 14, Sec. 20).
in the record:
1. If filed personally: Proved by the written or stamped acknowledgment of its Q: What is a special appearance?
filing by the clerk of court on a copy of the same; or ANS: There is special appearance when the defendant appears before the court for the
2. If filed by registered mail: Proved by the registry receipt and the affidavit of the purpose of objecting to the jurisdiction of the court over the person of the defendant
person who did the mailing containing a full statement of: (DIP) even If other grounds are included in a motion to dismiss. Special appearance to

466 467
 .i.F41C,1!

question a court's jurisdiction is not voluntary appearance (Garcia v. Sandiganbayan, Constructive Service (By Publication)
G.R. No. 170122, October 12, 2009). The defendant's voluntary appearance in the
action shall be equivalent to service of summons. The inclusion in a motion to dismiss of Service upon Defendant whose Identity or Whereabouts is Unknown
other grounds aside from lack of jurisdiction over the person of the defendant shall not
Q: How is service upon a defendant whose identity or whereabouts are unknown
be deemed a voluntary appearance (RULES OF COURT, Rule 14, Sec. 20).
effected?
ANS: In any action (in rem, quasi in rem, and in personam) where the defendant is
Persona/Service
designated as an unknown owner, or whenever his whereabouts are unknown and
Q: How is service in person made? cannot be ascertained by diligent inquiry, service may, by leave of court, be effected
ANS: Service in person on the defendant may be made: upon him by publication in a newspaper of general circulation and in such places and for
1. By handing a copy of summons to him; or such time as the court may order (RULES OF COURT, Rule 14, Sec. 14).
2. By tendering it to him if he refuses to receive it (RULES OF COURT, Rule 14,
Sec. 6). Service upon Residents Temporarily outside the Philippines;
Note: In an action in personam, the preferred mode of serving summons is through Extraterritorial Service. When Allowed
service in person. Only when service in person cannot be made promptly and after all
Q: When may extra-territorial service be availed of?
efforts to do so are exerted, may substituted service be resorted to (Jose v. Boyon, G.R.
ANS: Extraterritorial service may be availed of under Sections 15 and 16 of Rule 14.
147369, October 23, 2003).
1. Section 15. A non-resident,lptkund in the Philippines named as a defendant

,N
in an action in rem or quasitOem may, with leave of court, be the subject of
Substituted Service
extraterritorial service oflyprsupan the following ways:
Q: When can there betubstituted service? a. By personal servicpakipons done outside the Philippines;
---b—,- , ....-
ANS: Where perso4al seprice of,surtnITOT-Far mot•be mkeorf 'stifiable causes within
— b. By publication 1116 iltoripoitgAperal cat.ilation in such places and
a reasonable per ci 6, s bstitur tiiice7m 4 ay be had k ES OF COURT, Rule for such timeagthe'ZtkikePsh61Fset; ARRy4c4f the summons and order
14, Sec. 7). ' .'. ire, by the cogkhall be sent4by registered mail to the last known address
':', :-2,-•
„ CP of defendhnt; or
Q: How is subpitif i e servi e of suLmmOns done7 c. By anykothrer manner 1whidh the court may de sufficient.
,,—,,,,-
q
ANS: It is car 'edsodf by lea ing coy* the stirnm9ns at the defRidant's residence Note:tTheiApecificactions are either in rem or quasi in rem that
with a person of uitablea and dikreiMieldingit erein, 1::ele-av ng copies at the „vv,illq:Istif4ektraterritorial se of sumnjons n actions involving a non- "NMI
defendant's o e on tg ad? ace of business with so -e:co peterit person in charge resident,are: (AREAT% t;',4
thereof (RULE . e p)) 4....) 7:9 is rations that Affectth berson Pstatus•Of • the Vajntiff;
v U -;li' le 14, Sc A.
The requisites 1:1 yak subsjihteakser•vic .are4R3ED_I_ Li. Aphoins which Rej9e to, or ttl:q.10`01510,50tter of which is
Servicekof sum
um ons\lkiffli Xl3e scinab4be is uppossibl; within theTihilippines, inUhlbli-the defendant claims a
2. The person serving the\sar,mon,,,e4 \Effortt o locate; he defendant; ripen qr,l interegi, actual or contingent;
3. The pergon to viiliomhi cimiris:xis) served is of sufficient age and ,Actions in which tkereliefi demanded consists, wholly or in part,
Discretion; n,Exaluding the"6ndantgrom an interest in property located

4. The person to w, ,hom,,th summonvis ery tr'Resides at the defendant's place

,, Phili150iiiVe4fSWIje
of residence; and;,, (}•d \ it\ V;;" iv. kWhen ,,,thet defendant's property has been Attached in the
5. Pertinent facts shaing om., t e'd meredo-Circumstances are stated in the ROitiRppes.
Return of service (Dante v. Mg-tr-Ao Corp., G.R. No. 167230, August 14, Nate: Any order granting such leave shall specify a reasonable
2009). time, which shall not be less than 60 days after notice, within
Note: There must be several attempts by the sheriff to personally serve the summons which the defendant must answer (RULES OF COURT, Rule
within a reasonable period of 1 month, at least 3 tries, preferably on at least 2 different 14, Sec. 15).
dates. In addition, the sheriff must cite why such efforts were unsuccessful (Manotoc v. 2. Section 16. A resident who is temporarily out of the Philippines named as a
CA, G.R. No. 130974, August 16, 2006). defendant in any action (in rem, quasi in rem, and in personam) may, with
leave of court, be the subject of extraterritorial service in the same ways as
Q: Who are competent persons in charge of defendant's office or regular place of abovementioned.
business?
ANS: A competent person in charge refers to one managing the office or business, such Q: How is service on a foreign private juridical entity made?
as the president, manager or officer-in-charge. The rule presupposes the existence of a ANS: When the defendant is a foreign private juridical entity which has transacted
relation of confidence between such person and defendant (Ang v. Chinatrust, G.R. No. business in the Philippines, service may be made on its resident agent designated in
200693, April 18, 2016). accordance with law for that purpose, or, if there be no such agent, on the government
official designated by law to that effect, or on any of its officers or agents within the
Philippines (RULES OF COURT, Rule 14, Sec. 12).
If the foreign private juridical entity is not registered in the Philippines, or has no resident
agent, service may, with leave of court, be effected out of the Philippines through any of
the following means:

468 469
 -•:•••••-'7r..1-104

1. By personal service coursed through the appropriate court in the foreign

country with the assistance of the Department of Foreign Affairs;
2. By publication once in a newspaper of general circulation in the country where
the defendant may be found and by serving a copy of the summons and the
court order by-registered mail at the last known address of the defendant;
3. By facsimile or any recognized electronic means that could generate proof of O rf nd earl .2 • L.

service; or Q: Who shall set the hearing of a written motion?

4. By such other means as the court may in its discretion direct (A.M. No. 11-3=6- ANS: Except for motions which the court may act• upon without prejudice to the rights of
SC, March 15, 2011). the adverse party (ex parte motions), every written motion shall beset for hearing by the
applicant.(RULES OF COURT, Rule 15, Sec. 4).
Proof of Service Q: Discust the rules regarding notice of hearing.
ANS: The motion which contains the notice of hearing shall be sewed as to ensure its
Q. Discuss the rules regarding the proof of service.
receipt by the other party at least 3 days before the date of hearing, unless the court for
ANS: In proving the service of summons, the following rules are applicable: good cause sets the hearing for shorter notice (RULES OF COURT, Rule 15, Sec. 4).
1. The proof of service shall be made in writing by the server and shall state the: The notice of hearing shall be addressed to all the parties concerned and .shall specify
(MP') the time and date of the hearing which shall not be later than 10 days after the filing of
the motion (RULES OF COURT, Rule 15, Sec. 5). Proof of service Is necessary as no
a.
b.
c.
Manner of ser4ge..;''',--,,,,,,..
Place and date at service;gj
...s. . 1 /-
Specifyoar-apcp.mpaniin Papers;
N ,- ----,
> ,,,,...
written motion set for hearing shall be acted upon by the court without proof of service
thereof (RULES OF COURT, Rule 15. Se 6).
d. Nam f the Psaksorrao rragiVed„theirsummons. It shall be sworn to if Q: When are motions heard by the iclU
made y tat' person raffle ba a she if olVs\deputy (RULES OF ANS: Except motions requiring Ininiedieriaction, 4It ;I:lotions shall be scheduled for
944- RTypler1-4Sec. 18.. hearing on. Friday afternoons, or (f Friga9ia nonu?kiftg day, I n the afternoon of the
2. Where‘ sery '6 bypublicitionAmaylbe proved b..4 th \ next working day (RULES OF COLIRTi )iir e„,- 5 us es h.&
cikl" •
a. fAffidavi of the printer, htOoren) an, pOciparClerkAditor, business or '• 1- ,••
OmnibusMotio n Rule , " 1.%.*t
# advelsing Tanager-1644th '!IL'''ich-a-copy oOgiei Oublication shall be
AcLaed; and by‘arr-,- I ij .--‘,*,,,. I r, -,..a. t, Q: What Is the Omnibus Motion Rule?.e0
b. (Affidavit sholkng It deposit ofia copy of thelsurnligns and order for ANS: Every motion thatattricks a pleading,torder, judgment` ing shall Include
all objections then avalleblir;end all objections not so inchtde s II be deemed waived
lication-i( the
.‘ poste ice, postage prepaid, directed / to the (RULES OF COURT, Rui;11.15, Sec. 8) tiowevor, th foll9win objections are not
denclantA registered-rnall--to-hi lal.. -known address (RULES OF deemed waived even if not raised: (ReLPS 4
VDU T, R0'16 ‘4 SecT19 .4.,'1 , ,4../ 1. Res jildicata; -
• • 2. LitieFiendentia;.
H. MOTIONS it 3. Prescription Mlle:action;
S'\>' / 4. Lack of juilsdidiorayer the sub dct matter (RULES OF COURT, Rule 9, Sec.
/n General Rule 1).
• ••

Definition of a Motion 41 Q: is it possible to fiteleveratlfiotligG-to dkiiiiii,,Odeessively without violating

V' the Omnibus Motion Rule? 7.7
Q: What is a Motion? ANS: Yes. Successive motions todismiss may be filed if the grounds are under the four
ANS: A motion is an application forvreliefzttierthan by a pleading (RULES OF COURT, non-waivable grounds; le:;IteLOS (RULES OF COURT, Rule 9, Sec. 1).
Rule 15, Sec. 1). Pro FonnaMotions

Contents and Forms of Motions Q: What are pro forma motions?

ANS: A pro forma motion refers to a motion which does not satisfy the requirements of
Q: Is there a form prescribed? the Rules and which will be treated as a motion intended to delay the proceedings
(Marikina Development Corp. v. Flojo, G.R. No. 110801, December 8, 1995).
ANS: All motions shall be in writing except when it is made in open court or in the
course of a hearing or trial (RULES OF COURT, Rule 15, Sec. 2). Motion to DIsm&s (Rufelel

Q: What are the contents of a motion? Grounds

ANS: Motions shall: (RAG) Q: What are the grounds of a motion to dismiss?
1. State'the Relief sought to be obtained; ANS: The following may be used as a ground for a motion to dismiss: (Jnft..'4113N-CUE)
2. Be accompanied by supporting Affidavits and other papers when mandated by 1. Lack of Jurisdiction over the defendant;
the Rules or necessary to prove the facts in the motion; and 2. Lack of. Jurisdiction over the subject matter of the claim;
3. State the Grounds upon which the motion is based (RULES OF COURT, Rule 3. Improper Venue;
4. Plaintiff has no Legal capacity to sue;
15, Sec. 3).
471
 5. Litis pendentia; When Grounds Pleaded as Affirmative Defenses
6. Res judicata;
7. Prescription; Q: Can the defendant, instead of filing a motion to dismiss, incorporate the
8. States No cause of action; grounds for dismissal in his answer?
9. Non-compliance with a Condition precedent for filing the claim. ANS: Yes. Where no motion to dismiss is filed but the grounds therefor are pleaded in
10. The claim is Unenforceable under the Statute of Frauds; and the answer as an affirmative defense, the court in its own discretion, may set a
11. The claim has been paid, waived, abandoned or otherwise Extinguished preliminary hearing as if a motion to dismiss was filed (RULES OF COURT, Rule 16,
(RULES OF COURT, Rule 16, Sec. 1). Sec. 6).
Bar by Dismissal
Resolution of Motion
Q: Which grounds have the effect of barring the action?
Q: What actions may the court take in resolving the motion? ANS: When the dismissal is for any of the following grounds, the action shall be barred
ANS: After hearing, the court may: and may no longer be re-filed: (PURE)
1. Dismiss the action or claim; 1. Prescription;
2. Deny the motion; or 2. Unenforceability of the claim under the Statute of Frauds;
3. Order the amendment of the pleading. 3. Res judicata; or
Note: The resolution of the motions nit tebued
ef for the reason that the ground waiver, abandonment:G-6r Extinguishment of the claim (RULES OF
relied upon is indubitable. ipt'lkstate stiractly the reason for the court's 4. COURT,
Payment Rule 16, Sec. 5)M_'7-:A"
action (RULES OF COU R ul 18, Se
Distinguished from Demurrer alEyidenceitInder Rule 33
Remedies of the Plaintiff en the Complaint is Dismissecl
2
Q: What are the distinctions ,let;'Ai
ileln''',':74';rifolign,to ditthiss and a demurrer to
Q: Discuss the r dtif vriablep th if h cot! is granted. evidence?
ANS: The plaint'f 2&_ ANS: The distinctions betWeen motion to dismiss and de tircr to evidence are the
1. Re-fil; the c • mplai t (RULES-`V COURT, Rule ;Sea 6) - Where the following:
dismi s1.74tfinal bilt is.-....,m_
wit outilI reju•ice plain ay simply re-file the
actiop,'"4712-4 mpropIvenue. A I Motion to Dismiss under Rule 33
Motion to Dismiss under Rule 16
2. App al ere the dismisVtIF1/4' 11119,41iand it b
ars the rezfilin of the case, he (Demurrer to Evidence)
may p al frorrkth rder of dismissal, e. rydicpta. As to the Period to File
3. Petiticanifgf ertio thouthprej(i ice and the court
has d aVb1 bus
-rvo-
Should be filed withinlhotimeembut
-\STh5--41vi.§.Fag.v4
Should bem6§,cmiyater the plaintiff has
o, tie plat tiff may resort to
certiorari unda Rule 3-4 A). prior to the filing,...of(hWnswer Ofithe :e completed tfieniitsentation of his
defending partet, tt?0, pleading evidence (RULES OF COURT, Rule 33,
Remedies of the Defendant: hen9lt ationdiDenie asserting the claim against him tz-Sec4).
••••••-•
-1‘, (RULES OF COURT,‘Bulg16, Sec. 1). 4. "--4Nhnah7y;m
Q: What remedies a%• Tafliblel,•&111#4Iefeactant" on is denied?
ANS: The defendant ma As to Who may File CI •
1. Appeal - As a -the s is denied, such order is not
appealable. A motion o ismiss-fs..a interlocutory order. Under Rule 41, May be filed by any cittending party May be filed only by the defendant
interlocutory orders are not appealable. The defendant must file his answer against whom a claim is asserted in the against the complaint of the plaintiff.
and if adverse judgment is rendered he may file an appeal of such judgment; action.
Or . As to the Effect of Denial
2. Petition for Certiorari - However, where the denial of the motion to dismiss is
tainted with grave abuse of discretion amounting to lack or excess of If denied, defendant must file an If denied, defendant may present
jurisdiction, the defendant may resort to certiorari or prohibition (RULES OF answer, or else he may be declared in evidence.
COURT, Rule 65, Secs. 1-2). default (RULES OF COURT, Rule 9,
Sec. 3). If granted, plaintiff appeals and when the
Effect of Dismissal of the Complaint on Certain Grounds order of the dismissal is reversed, the
If granted, plaintiff may appeal or if defendant loses his right to present
Q: What is the effect of the dismissal of the complaint? subsequent case is not barred, he may evidence (RULES OF COURT, Rule 33,
ANS: As a general rule, the dismissal of a complaint shall be without prejudice to the re- re-file the case (RULES OF COURT, Sec. 1).
filing of the case except those cases covered by the bar-by-dismissal-rule (RULES OF Rule 16, Sec. 5).
COURT, Rule 16, Sec. 5).
As to Basis
Grounded on preliminary objections. Based on insufficiency of evidence.
(1 RIANO, supra at 467-468).

472 473
Motion for Bill of Particulars (Rule JR) L DISMISSAL
Kinds
Purpose and when Applied for
With Prejudice and Without Prejudice
Q: What is the purpose of the motion for bill of particulars?
ANS: The purpose is to seek an order from the court directing the pleader to submit a Q: What are the differences between dismissal with prejudice and dismissal
"bill of particulars" which avers matters with sufficient definiteness or particularity to without prejudice?
enable the movant to prepare his responsive pleading. Such motion shall point out the ANS: The following are the distinctions between a dismissal with prejudice and a
defects complained of, the paragraphs wherein they are contained, and the details dismissal without prejudice:
desired (RULES OF COURT, Rule 12, Sec. 1).
,Dismissal with Prejudice • Dismissal without prejudice
Q: When should the motion be applied for? As to nature
ANS: The motion shall be filed before the responsive pleading is filed. Reference should
thus be had to the periods to file an answer or reply laid down in Rule 11. If the pleading It is one made by the court after It is not an adjudication on the
is a reply, the motion must be filed within 10 days from service thereof (RULES OF adjudication on the merits (Chingkoe v. merits.
COURT, Rule 12, Sec. 1). Republic, G.R. No. 183608, July 31, 201,3).

Action of the_Court As to remedy

Q: What actions mayjhe o rt to e.,upon.the4ViortapPli‘d for? • Remedy is an appeal (RULES OF .COLIRIT Remedy is an appropriate special
ANS: The court mayAtker dpriyAdr5iant the motionkou rrght ' (toN. allow the parties to be Rule 41, Sec.1). civil action under Rule 65 (Id).
heard (RULES OFCOTT, / . u/st,,,t2rSatc.-4. '
1,5) T "Sv7 ..• , ,::',st`..-•,:11:';'-iger'',,k--,•;:•44-f
Dismissals which have an effect of the adjudicationodthe merits
Compliance with the D der ind Effect otNon4Comp lance .,,,•, • , G: .4-1,-;
Q: How shout th)rder be•complied*itii? Q: What are the dismissals whicbtfhave an effect ofethe, adjudication on the
l.,4:..•: •. R
merits? „L, . !. :1 '
ANS: If the m tiotisijrantec eitikeAftLyviple orin,,pa , the compliabie therewith must ' U 4
ANS: The followingoee dignis.8als whichg have an effect of the adjudication on the
be effected wit in 10 days frorn noti k/df, fieTorder, unless a dheAt period is fixed by ,,,,
.•,,;_4,'' • '4/.'4-,,,,
merits: ,...- F '.
the court. The a, berfileAeither in,,.
"Ts p7arate or ip-,-an anlendedrpleading, serving , .N
1. A notice.operates
,-,5, as an adjudicrfion upon the' merits whep filed by a plaintiff
copy thereof t dvers...,p' fty-(RUL-B, PCOUR- ',1R,e 12; ec 3).
\_, \ r, v,), --) /
Q: State the effects ofiRon-cp, Nizno ittt9e/c\ctiyt ordi gr.
whoAhas once"Cliimissed,in a competent cogrttaFILaekimbOrd on or including
the same clairp;RULES:OCOURT, Rule 17;SgRklyk*P4*'
2. A disrniss,al'puettio the fault 41 the plaintiff shad have the effect of an
ANS: The non-complianct, with4‘ gLocdv ocluc ,,,\
rthe'follVing effects:
If the order is nakreyecrtol thezfeis--insie cl/mplLance, thre/Court may order the adjudicatibiN3On the merits, unless otherwise declared by the court (RULES
striking out of the p ading oTtp.p.rti stfre'tegi highlhe order, was directed or make
OF COURT, Rule 14 Sec. 3); t,:, -7--';'7&
3. If the acts of Ihelgarty of lais,004 .0000,,gbpstitute willful and deliberate
such other orders as i avieern_lu t:/ 0 •CtUR Rug 12, Sec. 4);
forum shopping, the4athe'"%htlli-egitiiiiidfar summary dismissal with
--Y 01 1 f i\l'AVY prejudice (RULES OFJCOURT, Rule 7, Sec. 5); and
Effect on the Period to File aResponsivePleading
4. The failure of thepAptiff to appear when so required pursuant to the next
Q: What is the effect of the filing orttfe motion as regards to the reglementary preceding section shall be cause for dismissal of the action. The dismissal
period for filing a responsive pleading? shall be with prejudice, unless otherwise ordered by the court (RULES OF
ANS: The filing of a motion for a bill of particulars, shall stay the period to file the COURT, Rule 18, Sec 5).
responsive pleading.
Note: After the service of the bill of particulars or after notice of the denial of the motion, Rule 17
the movant may file his responsive pleading within the period to which he was entitled to
Dismissal upon Notice by Plaintiff: Two-Dismissal Rule
at the time the motion was filed. Such period shall not be less than 5 days in any event
(RULES OF COURT, Rule 12, Sec. 5). Q: When can the plaintiff file for dismissal of the complaint by notice?
ANS: The plaintiff, at any time before the service of an answer or a motion for summary
judgment, may file a notice of dismissal of his complaint. Upon its filing, the court shall
issue an order confirming such dismissal (RULES OF COURT, Rule 17, Sec. 1).

Q: Is the dismissal upon notice by the plaintiff with prejudice?

ANS: This dismissal shall be without prejudice to the re-filing of the complaint except
when:
1. The notice of dismissal provides that the dismissal is with prejudice; or
2. The plaintiff has previously dismissed the same case in a court of competent
jurisdiction (RULES OF COURT, Rule 17, Sec. 1).

474 475
 Q: Discuss the Two-Dismissal Rule. Nature and Purpose
ANS: This rule applies when the plaintiff has: (TCC)
1. Twice dismissed the action; Q: What should the court consider during the pre-trial?
2. Based on or including the same Claim; and ANS: The court shall consider the following matters in the pre-trial: (SINAWA-PAO)
3. In a court of Competent jurisdiction (1 RIANO, supra at 418). 1. The possibility of an amicable Settlement or submission to alternative modes
Note: The second notice of dismissal will bar a further re-filing of the action because it of dispute resolution;
will operate as an adjudication of the claim based upon the merits (Id.). 2. The simplification of the Issues;
3. The Necessity or desirability of amendments to the pleadings;
Dismissal Upon Motion by Plaintiff 4. The possibility of obtaining stipulations or Admissions of facts and documents
to avoid unnecessary proof;
Q: Can a plaintiff file a motion to dismiss his own complaint? 5. The limitation of the number of Witnesses;
ANS: Yes. Once an answer or a motion for summary judgment has been served on the 6. The Advisability of a preliminary reference of the issues to a commissioner;
plaintiff, the dismissal is no longer a matter of right and will require the filing of a motion 7. The Propriety of rendering judgment on the pleadings, or summary judgment,
to dismiss and not a mere notice thereof. It will be subject to the approval of the court or of dismissing the action should a valid ground therefor be found to exist;
upon such terms and conditions as are just (RULES OF COURT, Rule 17, Sec. 2). 8. The Advisability or necessity of suspending the proceedings; and
Note: Unless otherwise specified in the order, the dismissal under this provision shall be 9. Such Other matters as may aid i the prompt disposition of the case (RULES
without prejudice; and class suloshallVrredismissed -ft. nor compromised without the OF COURT, Rule 18, Sec. 2.).4!: ,'
approval of the court (RULE COU T, Rul , S cA,2). Note: It is vital to have the documentk:andlexhibits identified and marked during pre-trial
(1 RIANO, supra at 431). ,.:'-. .:-'~
..e.—N
Dismissal Due to the , au/tRof t ePlaintiff
Q: Is pre-trial mandatory? . .•
Q: Can the court dismis,$)the complaM,
ANS: Pre-trial is mandatory in a!rcivircasefirid:lei4hcaminal, cases cognizable by the
ANS: Yes. The cli<rnejt upcf motipsi or otufropn , iss a complaint even when ,1•••• .
Sandiganbayan, Regional Trial'Court,Wpnicipal Trialr1Court.lin Cities, Municipal Trial
the plaintiff has po desk' to have there-amp, isriiissed when: 4PC).
Court, Metropolitan Var:4Courts, and Municipal Circuit Trial Court. It is likewise
1. Plaint'fffails App ar for no justifiable causeton thee e presentation of
n chie on the complaint, 1 mandatory in both civil4nd criminal cases under the Rules ortiSymmary Procedure and
his e
Small Claims ProcedureZ(ROLES,OFCOURT, Rule 18, See 2).
2. Plain o Prosicute4,11peticiriol:*'`unr asonablt length of time; or !lw
3. Plainliffja111to1 o ply with11101514swor a order Mhel court (RULES OF
Notice of Pre-Tdal
COUOT;JR0 e 1 ,,,,,r.3. -7.----:-..' ,C",:;)
Note: The dismi sal" all evAtq.e effect e fierNadjudikation uponstheinerits and is thus Q: To whomZshall the, notice ofithe pre-trial be servedZ-
with prejudice thAze-fi iWo&thpa tkint)uhkT2- i tfie purt \CIpclares otherwise. ANS: The notice of pretnel shallJ2Xservtpd on the Eaups514.- piprty if the latter is
However, the dispiissal i‘withOurprOZdic 01,0'10110f th,v-rdefendfrant to prosecute his represented by counsel.pifierwise, t ie notice shall be served party himself. The
counterclaim in the same Odin a el:iarat tior)(2 LES F COURT, Rule 17, Sec. 3). counsel is chargecifkithqhe*ty of notifyg his client of the date, time and place of the
pre-trial (RULES OF`:COURTA;Rule 18, ,x.
J. PRE-TRIAL (RULED SCIFICitk i\
Concept of Pre-Trial Effect of Failure to A_pifear
(If:f
Q: What is a pre-trial? Q: What is the effect of3lp faklure of the plaintiff to appear during the pre-trial?
ANS: The pre-trial is a mandatory confe're ce and personal confrontation before the ANS: The failure of the plainlitto appear shall be cause for the dismissal with prejudice
judge between the parties and their respective counsel. It is conducted after the last of the action, unless the court orders otherwise (RULES OF COURT, RULE 18, Sec. 5).
pleading has been served and filed, with the plaintiff having the duty to move ex parte The dismissal shall have the effect of an adjudication on the merits and is thus final. The
that the case be set for pre-trial (RULES OF COURT, Rule 18, Sec. 1). remedy of the plaintiff is to appeal the order of dismissal (RULES OF COURT, Rule 41,
Sec. 1).
Q: What is the effect if the plaintiff refuses to move that the case be set for pre-
trial? Q: Discuss the effect of the failure of the defendant to appear during the pre-trial.
ANS: The failure of the defendant to appear shall be cause to allow the plaintiff to
ANS: Within five days from date of filing of the reply, the plaintiff must promptly move ex
parte that the case be set for pre-trial conference. If the plaintiff fails to file said motion present his evidence ex parte and for the court to render judgment on the basis of the
within the given period, the branch clerk of court shall issue a notice of pre-trial (A.M. evidence presented by the plaintiff (RULES OF COURT, Rule 18, Sec. 5). However, the
defendant shall not be declared in default. The judgment may award beyond the claim
No. 03-1-09-SC).
prayed for in the complaint, as opposed to a judgment by default, where the award is
limited to what has been prayed for in the complaint. The order to present evidence ex
Reading A.M. No. 03-1-09-SC together with Rule 17, Section 3 and Rule 18, Section 1
parte is interlocutory and thus not appealable. The defendant may ask for
of the Rules of Court accommodates the outright dismissal of a complaint upon plaintiff's
reconsideration and if the denial is with grave abuse of discretion, he may file a petition
failure to show justifiable reason for not setting the case for pre-trial within the period
for certiorari (RULES OF COURT, Rule 41, Sec. 1).
provided by the Rules. Thus, trial courts must consider the facts of each case (Bank of
the Philippines V Spouses Genuino G.R. No. 208792, July 22, 2015).

476 477
Pre-Trial Brief: Effect of Faure to File
• As to Form
Q: Discuss the rules on filing of the pre-trial brief.
ANS: The parties shall file a pre-trial brief with the court and serve on the adverse party, A.M. No. 03-1-09 SC dated July 12, All agreements or admissions made or
in such manner as shall ensure their receipt thereof at least 3 days before the date of 2004 requires the proceedings during entered during pre-trial shall be reduced
the pre-trial (RULES OF COURT, Rule 18, Sec. 6). the preliminary conference to be in writing and signed by both the accused
recorded in the "Minutes of Preliminary and counsel; otherwise, they cannot be
Q: What should the pre-trial brief contain? Conference" to be signed by both used against the accused (RULES OF
ANS: The pre-trial brief shall contain, among others: (SAID-DW) parties and/or counsel (1 RIANO, COURT, Rule 118, Sec. 2).
1. A Statement of their willingness to enter into amicable settlement or alternative supra at 435).
modes of dispute resolution, indicating the desired terms thereof;
2. A summary of Admitted facts and proposed stipulations of facts; As to Effect of Non-appearance
3. The Issues to be tried or resolved; Non-appearance subjects both parties Non-appearance only subjects counsel or
4. The Documents or exhibits to be presented stating the purpose thereof; to sanctions (RULES OF COURT, the prosecutor to sanctions (RULES OF
Note: No evidence shall be allowed to be presented and offered during the Rule 18, Sec. 4). COURT, Rule 118, Sec. 3).
trial in support of a party's evidence-in-chief other than those that had been
earlier identified and pre-markeddaft tt:Le.,pre-trial, except if allowed by the As to Presence of Defen.daht/Accus'ed
court for good case shown (AIM. )V003=1-p9=S,Q1.A.2(b), July 13, 2004).
5. A manifestatiqpoof-thfirfiavinavailecrOrlheirtinten,tion to avail themselves of Defendant must appear personally °, Unless otherwise required by the court,
Discovery ppZeabres, 95,,re erral to commiviopers;AI unless excused for a valid cause or t: accused presence is not
6. The numpelcanp>ames _and,̀the substance of their duly represented by a person with the 4, ;'indispensable. The accused may waive
respecti/e4V,pmets1RUS O,\ F requisite authority specified in Section 1his4mence at all stages of the criminal
4, Rule 18. Otherwise, the court may except''; at the arraignment,
Q. What is the effect of the failure to file'a pre-trial br ief? allow the plaintiff to present evidence promulgation of judgment, or when
ANS: The faille-WO the brief-shall-haypIthe-sameieffectsi thet failure to appear ex parte and render judgment on the required to appear for identification.
during pre-trial (BeiL4S OF COURT„,Rule:1 18,.- Sec. 6) Hence,bifritis, the plaintiff who basis thereof (RULES OF COURT,
fails to file a pre-trial failure shall be Cause ifor dismissal ofithe action. If it is Rule 18, Sec. 5).
the defendantwhirals to-do so, sudi...failOre shall p?:-cause to allqw the plaintiff to
1 As to Presence of Plaintiff/Complainant .
present his evidence ex parte1 RIANO,4upra-at-434)..- ~ms
Vir-A ._;\\ :' I Plaintiff mustrappear personally unless l he pr6S'ei-icelcir.the.. private offended
%/1/e:=Tria/
Distinction between Pre-Mani:7,0,4CM/ Cdieari r in a Criminal Case
excused for a valid cause or duly party is not required.
\” I -dry-I represented by a person with the F.
Q: What are the differences bephreerivre,t51:111<Civil
- cases and those in criminal
cases? requisite authority specified in Section
ANS: The following\gte the differeg,c4sL etW en-the,tvio (C)AFVP2B): 4, Rule 18. Otherwise, the action may
r) _ . . . be dismissed with prejudice, unless
Pre-Trial.ln Civil Cases • Pre-Trial In Criminal Cases' • •• ' otherwise ordered by the court..
•• ' ' ••
As to Manner of Commencement •:'• As to Requirement of Pre-Trial.Brief
Set when the plaintiff moves ex parte Ordered by the court and no motion to set
Parties are required to submit pre-trial Submission of pre-trial briefs are not
to set the case for pre-trial (RULES the case for pre-trial is required from either
briefs at least 3 days from the date of required (1 RIANO, supra at 435).
OF COURT, Rule 18, Sec. 1). the prosecution or the defense (RULES pre-trial (RULES OF COURT, Rule 18,
OF COURT, Rule 118, Sec. 1).
Sec. 6).
'As to Time otgommenconib nt..; •.1
(1 RIANO, supra at 434-435).
The motion to set the case for pre- The pre-trial is ordered by the court after
trial is made after the last pleading arraignment and within 30 days from the Preliminary conference in Summary Procedure
has been served and filed (RULES date the court acquires jurisdiction over Q: When will a preliminary conference be held in Summary Procedure?
OF COURT, Rule 18, Sec. 1). the person of the accused (RULES OF ANS: Not later than thirty days after the last answer is filed (Revised Rules on Summary
COURT, Rule 118, Sec. 1). Procedure, Sec. 7).
As to Possibility of Enter-Mg intd Amicable Settlement:,
Q: What is the effect of defendant's failure to answer under the Rules on
Considers the possibility of an Does not consider possibility of an Summary Procedure?
amicable settlement (RULES OF amicable settlement (RULES OF COURT, ANS: The court, motu proprio, or on motion of the plaintiff, shall render judgment as
COURT, Rule 18, Sec. 2(a)). Rule 118, Sec. 1). may be warranted by the facts alleged in the complaint and limited to what is prayed for
therein: Provided, however, that the court may in its discretion reduce the amount of

478 479
 damages and attorney's fees claimed for being excessive or otherwise unconscionable. Q: May intervention be allowed after rendition of judgment by the court?
This is without prejudice to the applicability of Section 4, Rule 18 of the Rules of Court, if ANS: As a general rule, no. Under the Rules, the motion to intervene may be filed at
there are two or more defendants (Revised Rules on Summary Procedure, Sec. 6). any time before rendition of judgment by the trial court. However, the Supreme Court
has recognized the following exceptions:
Q: What is the effect of failure of the plaintiff to appear in the preliminary 1. Intervention may be allowed on appeal, provided the intervenor is an
conference in Summary Procedure? indispensable party (Galicia v. Manliquez, G.R. No. 155785, April 13, 2007);
ANS: The failure of the plaintiff to appear in the preliminary conference shall be a cause 2. When the intervenor is the Republic (Lim v. Pacquing, G.R. No. 115044,
for the dismissal of his complaint. The defendant who appears in the absence of the January 27, 1995); and
plaintiff shall be entitled to judgment on his counterclaim in accordance with Section 6. 3. Where is it necessary to protect some interest which cannot be protected, or to
All cross-claims shall be dismissed (Revised Rules on Summary Procedure, Sec. 7). preserve the intervenor's right to appeal (1 HERRERA, Remedial Law, supra
at 847).
Q: What is the effect of failure of the defendant to appear in the preliminary
conference in Summary Procedure? Remedy for the Denial of Motion to Intervene
ANS: It depends if there are one or more defendants. Under the rule, if a sole defendant Q: What is the remedy if intervention is denied?
shall fail to appear, the plaintiff shall be entitled to judgment in accordance with Section ANS: The remedy of the aggrieved party is appeal. Mandamus will not lie except in case
6 of the rule. This Rule shall not apay,where.ortoltwo or more defendants sued under
of grave abuse of discretion (Galego v.Roriaeo,G.R. No. 130228, July 27, 2004).
a common cause of action &had plp ed a ?omEnzi defense shall appear at the
preliminary conference (Revised ules o u mrtro edure, Sec. 7).
L. SUBPOENA (RULE 21)
K. INTERVENTION Subpoena Duces Tecum
-i.. ii. ,----:*--- Q: What is a subpoena duces tecum?
Q: State the nat9le,o an.4intervention.
# - --c.7
ANS: Intervention iit semedy by ,iiic , 4 timd party, nog` griginally impleaded in a ANS: It is a process directed to a 'priori requiring him'qp bring with him books,
proceeding, beVPmesilitigatit therein toJnable him to protect pr) preserve a right or documents, or other his control at the hearing oikal of an action, or at any
interest which ay be affected-by-such-groCeeding--(Ghipong'ati v. Benitez-Lirio, G.R. investigation conducted by competeliegithority, or at the pldceOn which the deposition
No. 162692, A gurstig,f 2015). ..-. - . A , -,?,7, is to be taken (RULES:OF COU.I3T, Rule 2), Sec. 1).
-'
T i
Requisites forilnfeventio ,o, ., !II, Subpoena adTeleficandiim''
Q: What are tiTreAu'site an interyTrition by ai,noP-partY10 action pending Q: What is aUbpdena'ad3tesdfIcpndunM
i Li ), ANS: It is a process directed a Peeson rWuiring hirrilkatieridl hatti:r testify:
in court? r7
,.. :1 l'kP%' , CZ"-
‘ '..
'/ i
ANS: The requisites for r terve0b Le-the foltO ing;s(F-SUIPC) 1 1. At the he,a,d, ng,40 .tNe trial °kart action; or ttz
1. There must be a otio rib,r, ffiteitatiTi reFiled before rendition of judgment by
-5
N
2. At any invOtigatiomonducted by,;competent authority; or
the trial Art; 3. For the takingi,of his!deposition (3(11,.FES7pF COURT, Rule 21, Sec. 1).
2. The movaritvust SlprtthaYet(IEBS ;,..„, •
a. Has aleq, analt9reisTin-thestriatte_r in*litgat5i, Service of Subpoena-
b. Has a legal42teref in tliMtficAsToegiffier party; 1f
Q: How shall a subpoeno..0e served?
c. Has a legal infarestoziLV-Botliof,tam; or ANS: Service of subpobWa4hall be made in the same manner as personal or
d. Is so Situated that he wilrbe adversely affected by a distribution or
substituted service of summons.
other disposition of property in the custody of the court or an officer
1. The original shall be exhibited and a copy thereof, be delivered to the person
thereof;
3. The intervention must not Unduly delay or prejudice the adjudication of the on whom it is served;
2. Tendering to him the fees for one day's attendance and the kilometrage
rights of the original parties;
allowed by the Rules; except that, when a subpoena, is issued by or on behalf
4. The intervenor's rights may not be fully Protected in a separate proceeding
(RULES OF COURT, Rule 19, Sec. 1; Mabayo Farms, Inc. v. CA, G.R. No. of the Republic of the Philippines or an officer or agency thereof, the tender
need not be made;
140058, August 1, 2002). 3. The service must be made so as to allow the witness a reasonable time for
5. A Copy of the pleading-in-intervention shall be attached to the motion and
preparation and travel to the place of attendance; and
served on the original parties (RULES OF COURT, Rule 19, Sec. 2). 4. If the subpoena is duces tecum, the reasonable cost of producing the books,
documents, or things demanded shall also be tendered (RULES OF COURT,
Time to Intervene Rule 21, Sec. 6).
Q: Within what period may a person intervene in a case?
ANS: The motion to intervene may be filed at any time before rendition of judgment by
the trial court (RULES OF COURT, Rule 19, Sec. 2).

480 481
 -••

CompellingAttendance of Witnesses; Contempt Q: Discuss the rule on pretermission of holidays in civil cases as opposed to
criminal cases.
Q: What may the court do in case of failure of a witness to appear after service of
ANS: The rule provides that in construing statute of limitations, the first day is excluded
subpoena?
and the last day included, unless the last day is dies non in which case the act may be
ANS: The court, upon showing of the failure of the witness to attend and upon proof of
done on the succeeding business days. In criminal cases, such a situation cannot
the service of the subpoena, may issue a warrant to arrest the witness and bring him
lengthen the period fixed by law to prosecute such offender. The waiver or loss of right
before the court or officer where his attendance is required. The cost of such warrant
to prosecute is automatic and by operation of law. Where the last day to file an
and seizure shall be paid by the witness if the court finds that his failure to answer the
information falls on a Sunday or legal holiday, the period cannot be extended up to the
subpoena was willful and without just excuse (RULES OF COURT, Rule 21, Sec. 8). next working day since the prescription has already set in (REGALADO, supra at 341).
Q: What is the effect if a person fails to obey a subpoena without adequate Q: What is the effect of an interruption?
cause? ANS: Should an act be done which effectively interrupts the running of the period, the
ANS: Failure to obey a subpoena without adequate cause shall be deemed a contempt
allowable period after such interruption shall start to run on the day after notice of the
of the issuing court. If the subpoena was not issued by a court, the disobedience shall
cessation of the cause thereof. The day of the act that caused the interruption shall be
be punished in accordance with the applicable law or Rule (RULES OF COURT, Rule
excluded in the computation of the period (RULES OF COURT, Rule 22, Sec. 2).
21, Sec. 9).
N. MODES OF DISCOVERY
Q: When is a witness not. ciunckby a subpoen4?
ANS: A witness is not botrd-t9 qtterici astichtin\theollpwIng,situations: (VP) Deposition Pending Action: Deposition ,before Action or Pending Appeal (Rules 23
1. Viatory Rigy: erejle,VrneTsIgide'g mgrelhaN00 kilometers from his and 24)
residence/to e ip,ce w ....W.e..13e,ris..to testi by~ the ,ordinary course of travel
(ROC, fez fe 2 ,lec.)10); and1.r. Meaning of Deposition
2. In case tention•,•Prisa er,' ".%
wheFe, 1•
no pepiss(pn of the court in which his
case is pending wa obtaine
li ,.
ES
d (13
RUL OF COUR T e,2•P Sec. 10). Q: What is a deposition7.,..:,
-.-y--, ANS: A deposition is :aywritten testimony a witness givep•tmthe course of a judicial
proceeding, in advancef Ale trial pr'heappg, upon oral exarliAtion or in response to
Quashing of Stbpoena
written interrogatorieSA
. and'g-where an (pPportunity is ,g.'iven for cross-examination
Q: When may thefourt qu h a subpoena deices Ncum? ' (Republic v. SandiganbayaNSR. No.112710, May 30, 2001).t
ANS: A subp en dupes(te be7- ua" hed u ojicrriotiop propptly made and, in [t
any event, befo e-t ecified therei .5must be,hown thats(9F3AF) Q: When maYi*.depositionabe availed or6
It is U•
• reasonable ,Q
\pQ.re -liiv 7:,_ ,O. ,/A--;
,/ / I ANS: A deposition may.betOken:
2. The ReLevanc of th~~lio31cNdoc meets' (pingsdbes notiappear; or 1. Deposition.delienkesse— during.a pending action'(RULES OF COURT, Rule
3. If the person in hoseytiehetbe,s146ena is .issued failed to Advance the 23, Sec. 10Or-1 t.„
reasonable cost akthe (prcSetUctiorl j gi:
, . OF COURT 21, Sec. 4, par. 2. Deposition''' perpelua merin
°*Ilk:. before action or pending appeal
-',V, - ----_-,
- i r,
-.. oo,"
a); or \F ir,,,. (RULES OF COURT` Rule 24).
1
4. The witness _eea_picryijorrIetrage'S owed,'qyi he ,oRules were not tendered t?
when the subpoe'n waservedWfirieEtCiFICOURT, Rule 21, Sec. 4, par. b). Q: When may a party take a deposition pending action?
1V II l'• ' ANS: A party may take th.0:10csition of another under the following circumstances:
Q: When may the court quash a subpoena ad testificandum? 1. By leave of court:lafter jurisdiction has been obtained over any defendant or
ANS: A subpoena ad testificandum may be quashed upon showing that: over property which is the subject of the action;
1. The witness is not bound thereby; or 2. Without leave of court, after an answer has been served; or
2. The witness fees and kilometrage allowed by the Rules were not tendered 3. By leave of court, when the deposition of a person confined in prison is to be
when the subpoena was served (RULES OF COURT, Rule 21, Sec. 4). taken (RULES OF COURT, Rule 23, Sec. 1).

M. COMPUTATION OF TIME (RULE 22) Q: State the concept of a deposition before action or pending appeal.
ANS: A deposition before action and a deposition pending appeal are referred to as
Q: Discuss the Rules on computation of time. perpetuation of testimony or perpetua rei memoriam because their objective is to
ANS: In computing any period of time prescribed or allowed by these Rules, or by order perpetuate the testimony of a witness for use in the future (RIANO, Fundamentals,
of the court, or by any applicable statute, the day of the act or event from which the supra at 550).
designated period of time begins to run is to be excluded and the date of performance
included. If the last day of the period, as thus computed, falls on a Saturday a Sunday, Q. Who may take depositions?
or a legal holiday in the place where the court sits, the time shall not run until the next Ans. Within the Philippines, depositions may be taken before any judge, notary public or
working day (RULES OF COURT, Rule 22, Sec. 1). the person stipulated by the parties in writing (RULES OF COURT, Rule 23, Sec. 10). In
a foreign state or country, depositions may be taken:
1. On notice before a secretary of embassy or legation, consul general, consul,
vice consul, or consular agent of the Republic of the Philippines;

482 483
 2. Before such person or officer as may be appointed by commission or under When may taking of Deposition be Terminated or its Scope Limited
letters rogatory; or
3. The person stipulated by the parties in writing (RULES OF COURT, Rule 23, Q: When may the court terminate or limit the taking of a deposition?
Sec.11). ANS: At any time during the taking of the deposition, any party or the deponent may
move for the termination or limiting of the scope of the deposition upon showing:
Uses: Scope of Examination 1. That the examination is being conducted in bad faith; or
2. That it is being conducted in such a manner as unreasonably to annoy,
Q: Where may a deposition be used? embarrass or oppress the deponent or party (RULES OF COURT, Rule 23,
ANS: It may be used either: Sec. 18).
1. At the trial;
2. At the hearing of a motion; or Interrogatories to Adverse Parties (Rule 25)
3. At the hearing of an interlocutory proceeding (RULES OF COURT, Rule 23,
Q: State the purpose of written interrogatories.
Sec. 4).
ANS: This type of discovery is availed of by a party to the action for the purpose of
eliciting material and relevant facts from any adverse party (RULES OF COURT, Rule
Q: Give an outline showing how a deposition may be used.
25, Sec. 1).
ANS: A deposition may be used against any party who was present or represented at
the taking of the deposition or who,haireldrii6tVe.theze.cf, according to the following: ,i'N
Q: How is written interrogatories serve upon an adverse party?
1. For the purposefpct o 7- 1tradictitud IT 'achingkt1-:testimony of the deponent ANS: A party may serve written inte:rip.VafIrjes upon an adverse party:
as witness; 4,--\ 1. By leave of court after j.i.i*liticithas been obtained over the defendant or
2. The depositip p. of gaorol7Fijie, w. io at-a-re titre of the deposition, was over property which is tIle';'gri,bjeC:tfoS the action; or
an officer/director or 5aaaging-agpa ofa pub)16 qr private corporation, 2. Without leave of court afte4.100;NW.er,Thses been served (RULES OF COURT,
N.- ,60.
partnerspipN91 asociation which :is a part9-rnale u Ott an adverse party Rule 25, Sec 1, in relati6ni61;Rtip- 3 '61-'1'1), ,
for anyptirpoW 7 /4 'v., 1.- 7;.,, -,,, - ,,-
3. The dgpositio of a witness, whettier 'Or not a arty, nub used by any party Consequences of Refusal to Answer;
for an5f,purpo e if the-court-finds-(DROU E)
a. a fitness is Degq;,or, T Q: What are the consaquelices.of,refusal to answer written interrogatories?
b. Th fitness Resicleelyiora,;thenI00 ki ometerefrorri the place of trial or ANS: If a party oViithert deponent rifuses to answer Tanya, question upon oral
i digit ofrthgrhilipplifes JUfiTess su ;absence or . examination, theekaininati:prilmay be completed on °theer matterahor adjourned as the -44
was procured by the
p offer,ing ke-deposiiiriiifor proponent of the questiqg may prefeMThe7koponent may thereafte(apply to the proper
itne*ANIAnabla ?o4.1§.:5ity k to age, sic ness, infirmity or court of the Prce,what4the deposition.`' being ,taken:fp.P.,,ara7arder to compel an
answer. Vi.b ' . 't --.-4.. ,.,g/ vp(•,--N, mititi,
'mprisoRmerkaA --*4111c2,.. ,
d. he party offe.(96:4heceposgoVias ,trxen unable to procure the If the applicationq..grapted4the •court shall require the refusing party or deponent to
a endanciatef the- iiii-917 _1
5,i.tis%ena;„or answer the questiopiagnterwatori and titlit also finds that the refusal to answer was
e. Upop application d_rrticer,lh chipipeptTal circumstances exist without substantial justification, it may requireate refusing party or deponent or the
as toNakvfOesira le in e tere_ttkoflOttice and with due regard to counsel advising the refusalPor both.ofhlWtiKgawlkproponent the amount of the
the impoitapceqfpresee ing thettetifpobylOf witnesses orally in open reasonable expenses incurred ii1.015tairiina.ttietii-deti-ifiading attorney's fees. If the
court, to allowlheldepositisi application is denied ari'dthe court finds that it was filed without substantial justification,
used.
4. If only part of a deposlirohuis,,Dffekestirl.ecirdence by a party, the adverse party the court may require the or the counsel advising the filing of the application,
may require him to introduce all of it which is relevant to the part introduced, or both of them, to pay to 'the'refusing party or deponent the amount of the reasonable
and any party may introduce any other parts (RULES OF COURT, Rule 23, expenses incurred in opposing the application, including attorney's fees (RULES OF
Sec. 4). COURT, Rule 29, Sec. 1).
Effect of Failure to Serve Written Interrogatories
Q: What may be covered by a deposition?
ANS: A deponent may be examined regarding any matter which is: Q. State the effect if a party is not served with written interrogatories.
1. Relevant to the subject of the pending action; ANS: Unless allowed by the court for good cause shown and to prevent a failure of
2. Not privileged (RULES OF COURT, Rule 23, Sec. 2); and justice, a party not served with written interrogatories may not be compelled by the
3. Not restricted by an order of the court to protect the parties and deponents or adverse party:
to limit the examination (RULES OF COURT, Rule 23, Secs. 16 & 18). 1. To give testimony in open court; or
2. Give a deposition pending appeal (RULES OF COURT, Rule 25, Sec. 6).
When may Objections to Admissibility be Made
Admission by Adverse Party (Rule 26)
Q: When may a party interpose his objections to the admissibility of a deposition?
ANS: Objection may be made at the trial or hearing to receiving in evidence any Q: What is the purpose of a request for admission?
deposition or part thereof for any reason which would require the exclusion of the ANS: The purpose of a request for admission is to expedite trial and relieve parties of
evidence if the witnesses were then present and testifying (RULES OF COURT, Rule the cost of proving facts which will not be disputed on trial and the truth of which can be
23, Sec. 6). ascertained by reasonable inquiry (Concrete Aggregate Corp. v. CA, G.R. No. 117574,
January 2, 1997).
484 485
Q: State the facts which an adverse party may be required to admit in a request Physical and Mental Examination of Persons (Rule 28)
for admission. Q: What is required before an order for the physical and mental examination of a
ANS: The admission may cover:
witness may issue under Rule 28?
1. The genuineness of any material and relevant document described in and ANS: The following are the requisites to obtain an order for examination: (CG-PS)
exhibited with the request; or 1. The mental or physical Condition of a party is in controversy in the action;
2. The truth of any material and relevant matter of fact set forth in the request 2. A motion showing Good cause must be filed for the physical and mental
(RULES OF COURT, Rule 26, Sec. 1). examination;
3. Notice must be given to the Party to be examined and to all other parties; and
Q: When may a party serve upon the adverse party a written request for 4. The motion shall Specify the time, place, manner, conditions, and scope of the
admission? examination and the person or persons by whom it is made (RULES OF
ANS: A written request for admission may be served upon the other party at any time COURT, Rule 28, Secs. 1 and 2).
after the issues have been joined (RULES OF COURT, Rule 26, Sec. 1).
Refusal to Comply with Modes of Discovery (Rule 29)
Consequences of Refusal to Answer Request for Admission
Q: State the consequences of refusal to make discovery.
Q: Suppose a party refusal to answer the request for admission, what would be ANS: The following are the consequencesrof the refusal to make discovery:
the effect?
'''''H77 - '-;,"4'
, h (Vie matters p Vghio an admission is requested shall
ANS: Implied admission. Eac • Refusal to Comply
be deemed admitted u ess-the party ta,whonri bele4espkit directed files and serves with Modes of Sanctions
upon the party requq,s jrethe epiission a swornkstatementoeither denying specifically • Discovery •
the matters of whicfekadmIssionisjequestedor settinp forth>inVetail the reasons why
he cannot truthful!.n itlir deny _those matters KULES\OF COURT, Rule 26, Refusal to answer 1. The examining' pa :may complete the examination on
Sec. 2). TC; • any question upon the other matters or adjotirn the same (RULES OF
i oral examination or COURT' R41,e 29, Sec. 1).
Effect of Admission tif ) \t any written 2. The court, Vrnay, upon proper- application, compel a
'
Q: What is th9 efectpf an avimissipri? ii., 1-"''''', § interrogatory refusing depqnent to answer.
a. If applipation is granted and refusal to answer is
ANS: Any adtinissidni made,71oursuanf*ft2e,?_;requesi for, admissiopishall be for the
purpose of the Avidi.tio atlotllolily anCi' 24hnot be useps such for any other purpose withoutsubstantial justification, court may require
nor may the acirrissiop be,„usell against 'tile• edmittipg.perty iri,-arly other proceeding the refOlpg party to pay the proponent the amount
(RULES OF CQURT,) Rule 26,,$e'.c 3).t:- ,e':4" ,.,'- /-^s't v of the teasonable expenses,,ingiarred in obtaining
\ Nss-,;\,\: \ :.',,, ,....,/ ,'-.7--/ the order; including attorney's fees.
Effect of Failure
\o File and ServiARequest, emzfelnilssia b. If the application is denied and filed without
I 75\ substantial. justification, court may require the
Q: State the effects'k‘ N o_file:ancliikve .request for admission.
otfallure proporert;:m,ps counsel, or both of them, to pay
ANS: Unless otherwis alKesly.,the coulfori, caaseoShown and to prevent a The refuSing'iparty 'the'amount of the reasonable
ly to fie an -sezea/equest for admission on the
failure of justice, a part •atho'Z,,, expenses incurred in opposing the application,
adverse party of material and event fattalt issOe hich are, or ought to be, within the including attorney's fees (RULES OF COURT,
personal knowledge of the latter, shall.not.berpermitted to present evidence on such Rule 29, Sec. 1).
facts (RULES OF COURT, Rule 26, Sec. 5). 3. A refusal to answer after being directed by the court to
do so may be considered as contempt of court (RULES
Production or Inspection of Documents or Things (Rule 27) OF COURT, Rule 29, Sec. 2).
Q. What is required before an order for the production and inspection of Refusal to be sworn Cite the disobedient deponent in contempt of court (RULES
documents and things may issue under Rule 27? OF COURT, Rule 29, Sec. 2).
ANS: The following are the requirements: (FG-SP4)
1. A motion must be Filed by a party showing good cause therefor; Refusal to obey an The court may make the following orders:
2. Notice of the motion must be Given to all other parties; order: 1. The facts sought to be established by the examining
3. The motion must Sufficiently describe the document or thing sought to be 1. To answer party shall be taken to be established for the purpose of
produced or inspected; designated the action in accordance with the claim of the party
4. The document or thing sought to be Produced or inspected must constitute or questions; obtaining the order;
contain evidence material to the pending action; 2. Refusal to allow the disobedient party to support or
2. To produce
5. Documents or things subject of the motion should not be Privileged; oppose designated claims or defenses or prohibiting
documents; or
6. The documents or things must be within the Possession, control or custody of him from introducing in evidence designated documents
3. To submit to
a party; and physical or mental or things or items of testimony;
7. The Rule only applies to a Pending action (ALBANO, Remedial Law Reviewer examination
(2010), p. 388).

486 487
 Q: What are the effects of failure to appear in Small Claims Action?
3. The striking out of pleadings or parts thereof; ANS: The effects of failure to appear are:
4. That further proceedings be stayed until the order is . .
obeyed; Effect of Failure to appear- in Small Claims Action
5. Dismissal of the action or proceeding or any part
thereof, or rendition of judgment by default against the Failure of the plaintiff to appear Failure of the plaintiff to appear shall be
disobedient party; or cause for the dismissal of the Statement of
6. The arrest of any party or agent of a party for Claim/s without prejudice. The defendant
disobeying its orders, except an order to submit a who appears in the absence of the plaintiff
physical or mental examination (RULES OF COURT, shall be entitled to judgment on a permissive
Rule 29, Sec. 3). counterclaim (A.M. No. 08-08-7-SC, Sec.
20).
Refusal to admit or If the party requesting the admissions thereafter proves the
serve a sworn denial genuineness of such document or the truth of any such Failure of the defendant to appear Failure of the defendant to appear shall have
thereof under Rule matter of fact, the court may, upon proper application, issue the same effect as failure to file a Response
26 an ordeuequirinother party to pay him reasonable :under Section 14 of the Rule. This shall not
exponses iricurredk r•- making such proof, including apply where one of two or more defendants
;who are sued under a common cause of
Aogtfore 's feetIRUILE Of CpURT, Rule 29, Sec. 4).
,.--,,,,,. • ::aCtion and have pleaded a common defense
Failure ofparty e, Th court, on motion and no . -' appears at the hearing (A.M. No. 08-08-7-
attend or serve'Vl Strike ..rirpa '6 n pie ding of disobedient 'f.. 4Pc-Pe9v2P). ,
answers to rich) party; 9,D frc 7 „1a2'
interrogatories '01 2. Dismiss th ctidn'or pro eedirjp .c,?ritah part thereof; or Failure of both of the partie
s to 5ailure of both parties to appear shall cause
3. Enter a 1rd rhent b default against)disobedient party; appear •Jhe dismissal with prejudice of both the
and Statement of Claimis sand the counterclaim
4. lni i41 c - i4 Ib, iii,Q161
1" pa merit ()trete able expenses : '-
reA .M. No. 08-087-Sc, Sec. 20).
kncuree4yAtlebtitfier inc uding asttbrffily' fees (RULES 0
,-;'‘CTLCSAIBT-Rule 29. Se 4::5- -").
.i• _ v 1,..--A Q: What is theSduty of;thejudge at the hearing in small _claims cases? .
ANS: At the hearing 'the slialitrst Ort effortsiollar,mg300.eities to an amicable
‘LLI settlement of their disfiiiteIf effOrtti at settlement fail;1htitihe-biing shall immediately
0. TRIAL (RULE .9e)
proceed in an infaririaltlandexpeditiobs moaner and be terminated within the same day.
Q: What is a trial?? Any settlement or resolution Hof the disputVralLbe reduced into writing, signed by the
ANS: Trial is the sage in pel ure'followedfby trial courts in the parties and submitted te,:the,pOurt for appr:oVak:014:Wo. 08-08-7-SC, Sea 23).
conduct of civil casesn v,hthAh ductheirrespective evidence in
support of their claims -a diorV9finse 6,91'..lustice Society, G.R. No. Adjournments and Postponements
159357, April 28, 2004).
Q: State the rule on adjournments
' and postponements of trial.
Q: What are the rules with respect to the appearance of parties in a small claims ANS: The general rule is that court may adjourn a trial from day to day and to any
action? stated time as the expeditious and convenient transaction of business may require.
ANS: The parties shall personally appear on the designated date of hearing. However, except when authorized in writing by the Court Administrator, the court has no
Appearance through a representative must be for a valid cause. The representative of power to adjourn a trial for:
an individual-party must not be a lawyer, and must be related to or next-of-kin of the 1. A period longer than 1 month for each adjournment; or
individual-party. Juridical entities shall not be represented by a lawyer in any capacity. 2. More than 3 months in all (RULES OF COURT, Rule 30, Sec. 2).
The representative must be authorized under a Special Power of Attorney (Form 7-
Requisites of Motion to Postpone Trial
SCC) to enter into an amicable settlement of the dispute and to enter into stipulations or
admissions of facts and of documentary exhibits (A.M. No. 08-08-7-SC, Sec. 18). ForAbsence of Evidence
Q: May attorneys appear in a small claims action? Q: What are the requisites of a motion to postpone trial on the ground of absence
ANS: No. The rule provides that no attorney shall appear in behalf of or represent a of evidence?
party at the hearing, unless the attorney is the plaintiff or defendant. If the court ANS: The requisites are the following:
determines that a party cannot properly present his/her claim or defense and needs 1. A motion for postponement stating the ground relied upon must be filed; and
assistance, the court may, in its discretion, allow another individual who is not an 2. The motion must be supported by an affidavit showing:
attorney to assist that party upon the latter's consent (A.M. No. 08-08-7-SC, Sec. 19). a. The materiality and relevancy of such evidence; and
b. That due diligence has been used to procure it (RULES OF COURT,
Rule 30, Sec. 3).

488 489
For Illness of Party or Counsel Delegation of Reception of Evidence
Q: State the requisites of a motion to postpone trial on the ground of illness of
Q: Under what circumstances may the judge delegate the reception of evidence?
party or counsel. ANS: General Rule: The judge shall personally receive the evidence adduced by the
ANS: The requisites are the following: parties.
1. A motion for postponement stating the ground relied upon must be filed; Exception: Reception of evidence may be delegated to the clerk of court under the
2. The motion must be supported by an affidavit or sworn certification showing following conditions: (DEA-MOT)
that: 1. The delegation may be made only in Default or Ex parte hearings, and in any
a. The presence of such party or counsel at the trial is indispensable; and case where the parties Agree in writing;
b. The character of the illness is such as to render his non-attendance as 2. The reception of evidence shall be made only by the clerk of that court who is
excusable (RULES OF COURT, Rule 30, Sec. 4). a Member of the bar;
Q: Is a motion for postponement a matter of right? 3. Said clerk shall have no power to rule on Objections to any question or to the
ANS: No. A motion for postponement is not a matter of right. It is addressed to the admission of exhibits; and
sound discretion of the court (Go-Bangayan v. Bangayan, Jr., G.R. No. 201061, July 3, 4. The clerk shall submit a report and Transcripts of the proceedings, together
2013). with the objections to be resolved by the court, within 10 days from the
termination of the hearing (RULES OF COURT, Rule 30, Sec. 9).
Agreed Statement of Facts
Q: May the parties agrepon the, acts iv lyed Lillie action? Trialby Commissioners
zti ta,
ANS: Yes. The parties toa y 9c ion aragree,„,Lrlwritiitgyuporthe facts involved in the ,..4,.- -v-'. . . 5,
Reference by Consent or Orderecton Motion
litigation, and subn-Ahe sef or judgment on the,factkagried upon, without the
11.4.,:i'
introduction of evidencelOo trtal,shalrtqrb-eThelci,,rthAsfartgs, agree to only some Q: Under what circumstances mayAthtreAnstylaj by commissioner?
facts in issue, trialWalllb hela as todhe-g4Lod facts irP,stkcp order as the court shall ANS: Trial by commissioner mote 'ciilkefeatuaeijoW)10*ing circumstances:
%
prescribe (RUL -S OPCJ URf, Rule 430, Se'c. 6)l 1. Reference byS9sent - Whenlboth parties agreeh writing to have the case
,,, • ',', referred to a commissioner (RULES OF COURT, Rt'iley2, Sec. 1); or
Order of Tria4R -sal of Order o ....:0% 2. Reference Ordered on 14tion't- When the covill,loil its own motion or on
I '"'--,:.: ,,-,- motion of either pl F odirects a reference to the dommi§sioner in the following
I o
Q: State the order off trial of tivil actions: . \..,- \- I cases: (17Ad) ' ...:4,-- ki
,
ANS: Subject lixcloy siorp-q separataiiile;aild un s,_s;-the court fo special reasons / \
a.40hen gieaTrial of ank,IssfitA of fact requires the examination of a long
otherwise directs, tDe, roceed:faii-fOl.lowst- y-,/
1. The piebtiffis011410ce,keviddelin supp9itatihisiomplairit; ti...cog,,,k, , . .„
t°04
..=1,. t..,-,-
b. -,t When the taking'Ofian Account is neepesk Jor4thekinformation of the
2. The defendaq slie/tke.Q. Eavelc(0,ckeIfte in support of his defense, -..
-1. ,
counterclaim, cross-ci o plaipt; ,cpurttelosejudgMe4t or [Ocarrying it oi.WO
c. villiengedaestion of fact.4:Sther than upon the pleadings, arises upon
3. The thik-party 'defen ant, 'f-any WI adduce evidence of his defense,
counterc161 crosc-claift dli6"1.1.01-: comp amt; melon., or otherwise, in a6Vta_ge,of a case, or for carrying a judgment
0s13,
,1 ddPoe evidence of the material or order.,10gffect (RULESOF4COVRT, Rule 32, Sec. 2).
4. The fourth-p
facts pleaded b kthemf - ,A2.:QaJ-127,M
rC ain;t0o cross-claim has been pleaded, Powers of the Commissioners
5. The parties againItmkom anyN,
shall adduce evidence et upport.of.theirdefense, in the order to be prescribed Q: What powers may the4mmissioner exercise?
by the court; ANS: The commissioner has and shall exercise the power: (RASSA)
6. The parties may then respectively adduce rebutting evidence only, unless the 1. To Regulate the proceedings in every hearing before him;
court for good reasons and in the furtherance of justice, permits them to 2. To do all Acts and take all measure necessary or proper for the efficient
adduce evidence upon their original case: and performance of his duties;
7. Upon admission of the evidence, the case shall be deemed submitted for 3. To issue Subpoenas and subpoenas duces tecum;
decision, unless the court directs the parties to argue or to submit their 4. To Swear witnesses; and
respective memoranda or any further pleadings. 5. To rule upon the Admissibility of evidence (RULES OF COURT, Rule 32, Sec.
Note: If several defendants or third-party defendants, and so forth, having separate 3).
defenses appear by different counsel, the court shall determine the relative order of
presentation of their evidence (RULES OF COURT, Rule 30, Sec. 5). However, such powers are subject to the specifications and limitations stated in the
order of reference which is furnished to the commissioner. The order may: (R-PED)
Q: When shall a reverse order of trial take place? 1. Direct him to Report only upon particular issues;
ANS: Where the defendant, in his answer, relies upon an affirmative defense, a reverse 2. Direct him to Perform particular acts;
order of trial shall take place. In this situation, the defendant presents evidence ahead of 3. Direct him to receive and report Evidence only; and
the plaintiff. The plaintiff need not present evidence since judicial admissions do not 4. Fix the Date for beginning and closing the hearings and for the filing of his
require proof (RULES OF COURT, Rule 129, Sec. 4). report (RULES OF COURT, Rule 32, Sec. 3).

490 491
 Commissioner's Repo Notice to Parties and Hearing on the Report Q: When may the court order a separate trial of any claim?
ANS: The court may order a separate trial of any claim, cross-claim, counterclaim, third-
Q: Within what time shall the commissioner file his report?
party complaint or issues in furtherance of convenience or to avoid prejudice. In
ANS: Upon completion of the trial, hearing or proceeding before the commissioner, he
shall file with the court his report in writing upon the matters submitted to him by the severance, there is one case with several claims (RULES OF COURT, Rule 31, Sec. 2).
order of reference. When his powers are not specified or limited, he shall set forth his
O. DEMURRER TO EVIDENCE (RULE 33)
findings of fact and conclusions of law in his report. All exhibits, affidavits, depositions,
papers and the transcript, if any, of the testimonial evidence presented before him shall Grounds
be attached to the report (RULES OF COURT, Rule 32, Sec. 9).
Q: On what ground may a demurrer to evidence be filed?
ANS: After plaintiff has finished presenting his evidence, the defendant may move for
Q: May a party object to the commissioner's report?
the dismissal of the complaint on the ground that upon the facts and the law, the plaintiff
ANS: Yes. Upon filing of the report, parties shall be notified by the clerk and they shall
be allowed 10 days within which to signify grounds of objections to the findings of the has shown no right to relief or insufficiency of evidence (RULES OF COURT, Rule 33,
Sec. 1).
report. Objections based on grounds which were available during the proceedings other
than the findings and conclusions shall not be considered by the court unless they were
Effect of Denial
made before the commissioner (RULES OF COURT, Rule 32, Sec. 10).
Q: Give the effect of a denial of the depturrer to evidence.
, n the commissioner's
Q: What shall the cou onsider auri glitr latko ANS: The defendant shall have Kegigbio present his evidence. Such denial of the
report? demurrer to evidence does not deptge44efendant of the right to adduce evidence on
ANS: When the repost co 9,,,,fornirnralibnNliel,cert, ,cazlot be expected to re- his behalf (RULES OF COURT, 416{33WO1 1).
hear the case uporyfh ryirptecal,..but.0111.ce4awbnly,sd;riluskas may be drawn in
question by prope ectifroiTs (Kreidt v. 1Cullough`li Cq,,,
,e-G o. L-11362, January Effect of Grant
24, 1918). After ring/ the art alnsue an orderr
I adopt ng, modifying or
rejecting the report in 'hole pr in part ori-epommit it to theTco is ioner or the court Q: What is the effect of,„aranting the,clemurrer to evidencgt
(RULES OF COU P ule 34-See,-1-1)1 ANS: The case shaletie dismissed%lwi prejudice. A demurrer to evidence is an
instrument for the expeditious termination of an action, thus, abbreviating judicial
/ proceedings (HeirsopPecitcyPdsag v. Spouses Parocha, G R. '(lo. 155483, April 27,
P. CONSOLIDA IONAR SEVERAIV(RULEV
2007). Plaintiff may.appeal'caVithe grant k.ponsidered aludgmerit on the merits of the -gsgt4
721574
Q: When is co so Idatiovisactions-proper? case (RULESAF,COURT, 'Rule 41, Sec. ;
ANS: Consolid t(ola ctioT;k ropeavtierr
1. Two o more ases WI? ka,iponlmop u Ai_o of 14 or fapts; and Waiver ofRieht to Present EvidenCe
2. The sadcases re n'd efo' e tb courr(RULE$ OF COURT, Rule Q: When is therea5wqjvaiolthe right toVresent evidence?
31, Sec 4J. ANS: If the defendant's motion for judgmeN on demurrer to evidence is granted and the
Sen-71\11A order is subsequentlytevers:ed on appegOiliKl'eNridant shall be deemed to have
Q: State the different odes-o 4ccepollifating„cases. waived his right to p.gsent evideppeiggillee,ZiateOU6T, Rule 33, Sec 1). The
ANS: The modes are the olloWt'47 pct,,,t, \\,,i,o, appellate court cannotOmand41-teYCase for further proceedings; rather it should render
1. Quasi-consolida orb al,,iIces; one„of several of actions, are stayed judgment on the basis ‘8t. tke evidence presented by the plaintiff (Radiowealth Finance
until one is tried, in which.cawiti:e ydgment in the one trial is conclusive as to Co. V. Spouses Del RosarlOWR. No. 138739, July 26, 2000).
the others;
2. Actual consolidation — where several actions are combined into one, lose Q: Compare the effect of a reversal of an order granting a demurrer to evidence to
their separate identity, and become a single action in which a single judgment that of an order of default.
is rendered; and ANS: In an order reversing the grant of a demurrer to evidence, the appellate court
3. Consolidation for trial — where several actions are ordered to be tried should render judgment on the basis of the evidence presented by the plaintiff, and this
together, but each retains its separate character, and requires the entry of a includes unliquidated damages proven during the trial. In an order of default, the court
separate judgment (Neri v. Sandiganbayan, G.R. No. 202243, August 7, cannot award unliquidated damages, because of the absence of a trial where the same
2013). may be proved (RULES OF COURT, Rule 9, Sec. 3, par. d).
Q: Is consolidation of cases mandatory?
ANS: No. As a general rule, consolidation is discretionary upon the court. However, in
following cases, consolidation becomes a matter of duty:
1. When the cases are pending before the same judge; or
2. When the cases are filed with different branches of the same RTC and one of
such cases has not been partially tried (Raymundo v. Felipe, G.R. No. L-
30887, December 24, 1971).

492 493
 tiVg.t45

Demurrer to Evidence In a Civil Case versus Demurrer to Evidence in a Criminal R. JUDGMENTS AND FINAL ORDERS
Case
Q: What is a judgment?
Q: Compare demurrer to evidence in a civil case with demurrer to evidence in a ANS: A judgment is one that finally disposes of a case, leaving nothing more for the
criminal case. court to do with respect to it. It is an adjudication of the merits, which, considering the
ANS: The differences are the following: evidence presented at the trial, declares categorically what the rights and the obligations
of the parties are; or it may be an order or judgment that dismisses an action (Neypes v.
CA, G.R. No. 141524, September 14, 2005).
Q: What are the requisites for a valid judgment?
ANS: The following are the requisites for a valid judgment: (AJO-WES)
1. The court or tribunal must be clothed with Authority to hear and determine the
Defendant need not ask for a leave of Demurrer may be filed with or without matter before it;
court before he files a demurrer to leave of court (RULES OF COURT, Rule 2. The court must have Jurisdiction over the parties and subject matter;
evidence (1 RIANO, Civil Procedure, 119, Sec. 23). 3. The parties must have been given an Opportunity to adduce evidence in their
supra at 470). behalf;
.• • • .• 4. The Evidence must have been considered
p, by the tribunal in deciding the case;
As to the effect of the grant of the'clemurrei 5. The judgment must be in Viritirig, personally and directly prepared by the
The granting of the dserni
irrect rAlts /J42ygrintik:Ofqhe demurrer results in judge;
the dismissal of the.complain the aOquitLtal'oflt‘ccused. 6. The judgment must State clear14the facts and the law upon which it is based,
signed by the judge and'Illediiivith the clerk of court (North Cotabato
Communications CorporatiOn:VISI-dATornas G'R No 217575, June 15,
2016).
A' • ,
The order of ismissa of thr complaint:: 1.A11 acquittal is ndcappealable under the
is appealable doulkijadip*ardy (1 RIANO, Q: Enumerate the special forms of judgOents.
Note: If plaiipff,appeals and judgment supra at 4W;,). ANS: The special forms of judgments under the Rules of Court and jurisprudence are
is reversed Fihelappellate court, 4t "" the following: 0/
will decide the.„p„g4elion te.-pasis of ttl.ws• : 1. Judgment upon the.merits — ,judgment is on the merits when it determines
plaintiffs vii!lence ,,,,` hh_____the__ ____ , the rights and liabilities of the pefttes based on the ultimate facts as disclosed
consequencectria,t‘ the etendapt by the 'pleadings or issues pre4nted for yial-si(?epub/iO. v: CA G.R. No.
already lose; this right \tik, pr sent, 103412, February 3, 2000j;
evidence (RUES OF CO(l T\ ule 2. Judgment by default — It is one rendered by the court after a defendant has
33, Sec. 1). ‘ been declared-in default for failure to file an answer within the time required
(RULES OF COURT, Rule 9, Se0.1 q);7.:4;
As to the effect of denial of the demurrer : 3. Judgment on the pleadings 4.1t: 10.(cin.el'renclered by the court if the answer
-A, fails to tender- an issup,'or othe'Kivis'elamits the material allegations of the
If the demurrer is den1,0,7 thex If th- ..,,depful-rer was filed with leave of adverse parbfs pleadingyRULES OF COURT, Rule 34, Sec. 1);
defendant will proceed to prksent hisP purtt, thedefendant may adduce his 4. Summary judgment"— It is one granted by the court upon motion by either
evidence (RULES OF COURt'Rule= evidence in his defense. party, if it appears from the pleadings, depositions and affidavits that there are
33, Sec. 1). no genuine issues as to any pertinent facts hence, no serious controversy
If the demurrer was filed without leave of
court, he is not allowed to present his (RULES OF COURT, Rule 35; Raboca v. Velez, A.M. No. RTJ-99-
evidence because he is deemed to have 1469, October 2, 2000);
waived his right to present his evidence 5. Several judgment — It is one rendered by a court against one or more
and he submits the case for judgment on defendants and not against all of them, leaving the action to proceed against
the basis of the evidence of the the others (RULES OF COURT, Rule 36, Sec. 4);
prosecution (RULES OF COURT, Rule 6. Separate judgment — It is a judgment rendered disposing of a claim among
119, Sec. 23). several others presented in a case, after a determination of the issues material
to a particular claim and all counterclaims arising out of the transaction or
As to the power of the court to motu ptoprio dismiss the oction occurrence which is the subject matter of said claim (RULES OF COURT,
Rule 36, Sec. 5);
The court cannot dismiss the case The court may dismiss the action motu 7. Judgment for specific acts — It is a judgment applicable in cases of:
motu proprio after the plaintiff rests its proprio after giving the prosecution the a. Conveyance, delivery of deeds or other specific acts;
case. There should be a demurrer by chance to present its evidence (RULES b. Sale of real or personal property;
the defendant (1 RIANO, supra at OF COURT, Rule 119, Sec. 23). c. Delivery or restitution of real property;
470). d. Removal of improvements on property subject of execution; or
e. Delivery of personal property (RULES OF COURT, Rule 39, Sec. 10);

494 495
 8. Special judgment - It is a judgment which can only be complied with by the 4. Court Ruling, in which each issue is, as a rule, separately considered and
judgment obligor because of his personal qualifications or circumstances or resolved; and, finally,
one that requires the performance of an act other than: 5. Dispositive portion (fallo) (Velarde v. Social Justice Society, G.R. No. 159357,
a. Payment of money; and April 28, 2004).
b. Sale of real and personal property (RULES OF COURT, Rule 39, Sec.
1); Q: If there is a conflict between the ratio decidendi and the fallo, which should
9. Judgment upon confession (Cognovit Accionem) - It is one rendered by prevail?
the court when a party expressly agrees to the other party's claim or ANS: The fallo controls. This rule rests on the theory that the fallo is the final order
acknowledges the validity of the claim against him (Natividad v. Natividad, while the opinion in the body is merely a statement ordering nothing. The rule applies
G.R. No. L-28296, March 2, 1928); when the dispositive part of a final decision or order is definite, clear, and unequivocal,
10. Judgment upon compromise - It is one rendered by the court on the basis and can wholly be given effect without need of interpretation or construction (Obra v.
of a compromise agreement entered into between the parties (RIANO, Spouses Badua, G.R. No. 149125, August 9, 2007).
Fundamentals, supra at 592);
11. Clarificatory judgment - It is one rendered to clarify an ambiguous judgment Memorandum Decision
or one difficult to comply with (Almendras v. Del Rosario, G.R. No. L-20158, Q: What is a memorandum decision?
October 14, 1968); ANS: A memorandum decision is onvendered by an appellate court and incorporates
12. Judgment nunc praaunc (literally, noVoktlien) - It is a judgment intended
by reference the findings of fact ar4d4lusions of law contained in the decision or
to enter into threcor he acts yLhiph ad'`areagy been done, but which do
4, order under review. It must alsofkoVideZdirect access to the facts and law being
not appear in the( ecor donee-V.9 u4 v. CICG.R. No. 144882, February
adopted, which must be containeclih*:eVrent attached to the decision and made an
4, 2005); Ae:',.. indispensable part of the decisioOffean64b v Winai Per skul, G.R. No. 81006, May
13. Judgmen sindAritii0o.-lrfraTjUdgmerktz filo a statement of the facts in 12,1989).
supporteht-cdpauSion top, laer supplemeptelOyottielisia,,I judgment (Dizon 6M 151
v. Lop? , A7M./14o. P fTJ-96413386September 5, 1997/- Judgment on the Pleading's (Rule 34)
14. Judgpent on- demurrer to exidinpe — It is 4 judgme,12PRiered by the court
dismissaicase Upon. motion 0 the,detendant, °ripe mobnd that upon the Q: When may a party file a. motion.for judgment on the pleadings?
factstptesend by The plait tiff xl.ttlfe3fair oithe metre?, th plaintiff has not ANS: Where an answer :Ws fenderV;an issue or otheriprise admits the material
showp an.qht to relief (R.wq' f.;COURT Rule 31) allegations of theladVerseiatty's pleading4he court maylon motiop, direct judgment on -.cm
15. Conditrol nal juck§6nt - It ie'''.tirie-'4he effeAvity of which depends upon the such pleadingOaEsOF couRT Ride 341, Sec. 1). ;•
occur` ejlerr WO Noccu left annent Supli-jiid:ginent is generally •s
40 • . VF1
void beauseof tii Owic. of artyMi xsztn (Cu Unjieng E Hijos v. The Q: What is meant by "an .answeclOs Idltender an4SUell'andpotherwise admits
Mabalacat Sugar C .-c„0.' ' "J4 p3‘51/ 4, 9, 1t9,0); the material allegatiorisralhe adverse0,arty's pleadingi"4*.''
16. Incomplete, judgment -ft naRsppplet&j• dgme, is onelhich leaves certain ANS: The answelVW-al'd'i'fail to ,tendeiean issue if it does not comply with the
matters tktobe settsin aksNue . Oro ing (Ignacio v. Mario, G.R. No. requirements for a specific 0,01 set out ikSerflign 10 (or Section 8) of Rule 8; and it
L-175, AprrIT, 1916 ''4qp. ,,, 1. C IN would admit the materigallegations of fije3feClyereeKpa,ctysc'e,,pleadings not only where it
17. Final and exeRuto i i9dx,Ornent One Alit is.)no anger appealable and is expressly confesses thefruthfulpf,islifieredfibtiNlai/iPitil6mits to deal with them at all
already capable° eingl executedibk-A13sb#19,period for appeal has elapsed (Asian Construction VDeveloptiternt Corp. v. Sannaedle Co., Ltd, G.R. No. 181676,
without a party haviriNzeZztt clyaialo(R/ANO, Fundamentals, supra at June 11, 2014).
•••:••.l.4.,•-•":
600).
Q: When is judgment on the pleadings not applicable?
Judgment without Trial ANS: The following actions cannot be the subject of a judgment on the pleadings as the
material facts alleged in the complaint shall always be proved:
Q: Give the concept of a judgment without trial.
1. In actions for declaration of nullity or annulment of marriage or for legal
ANS: The theory of summary judgment is that although an answer may on its face separation (RULES OF COURT, Rule 34, Sec. 1); or
appear to tender issues - requiring trial - yet if it is demonstrated by affidavits,
2. Unliquidated damages (RULES OF COURT, Rule 8, Sec. 11).
depositions, or admissions that those issues are not genuine, but sham or fictitious, the
court is justified in dispensing with the trial and rendering summary judgment for plaintiff Summary Judgments (Rule 35)
(Carcon Development Corp. v. CA, G.R. No. 88218, December 17, 1989).
Q: What is a summary judgment?
Contents of a Judgment ANS: A summary judgment, or accelerated judgment, is a procedural technique to
promptly dispose of cases where the facts appear undisputed and certain from the
Q: What are the parts of a judgment? pleadings, depositions, admissions and affidavits on record, or for weeding out sham
ANS: The judgment shall have the following parts: claims or defenses at an early stage of the litigation to avoid the expense and loss of
1. Statement of the case; time involved in a trial (Monterey Foods Corp. v. Eserjose, G.R. No. 153126, September
2. Statement of facts; 11,2003).
3. Issues or assignment of errors;

496 497
Q: Give the requisites of a summary judgment. Judgment on the Pleadings versus Summary Judgments
ANS: The following are the requisites fora summary judgment to be proper:
1.
Q: How is judgment on the pleadings distinguished from summary judgment?
There must be no genuine issue as to any material fact; and
2. That the moving party is entitled to a judgment as a matter of law (RULES OF ANS: The following are the distinctions:
COURT, Rule 35, Sec. 3). Judgment on the Pleadings Summary Judgment
Q: What is a genuine issue? s to grounc
ANS: A genuine issue is an issue of fact which calls for the presentation of evidence, as
Rendered because the answer fails Rendered on the ground that while there is
distinguished from an issue which is sham, fictitious, contrived and patently
to tender an issue. an issue, there is no genuine factual issue
unsubstantial so as not to constitute a genuine issue for trial (Smart Communications,
(Narra Integrated Corp. v. CA, G.R. No.
Inc. v. Aldecoa, G.R. No. 166330, September 11, 2013).
137915, November 15, 2000).
For the Claimant s to basis of the juclgmen
Q: When may a claimant file a motion for a summary judgment? Based solely on the pleadings Based on pleadings, depositions, and
ANS: A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain (RULES OF COURT, Rule 34, Sec. admissions (RULES OF COURT, Rule 35,
a declaratory relief may, at arly,timrgrffirpleading in answer thereto has been 1). *;Sec. 3).
served, move for summary 'udb ent u on Ilf sr n-la thereof (RULES OF COURT,
Rule 35, Sec. 1). s to wboinay:file

For the Defendant Filed by a claiming party (RULESa be

. filed either by the claiming or
OF COURT, Rule 34, Sec. 1). jzjefelidj,,rjg, party (RULES OF COURT, Rule
.... t
Q: When may a efe olant flip a molgoripr alsummiry jvkgpienV 36'Secsfl
ANS: A party againstiiviihorri a claim, cduntd?claim or croes-cla9 is asserted or a
declaratory reli f is soifght may, at any tiene;tmove fora summgrfjbd ment in his favor
as to all or any pa Et7thereof (f.7E0—OFCCUP177R77ea5, Sec. 4,4 "4P, .
The movant in a; motion, for The movant for, isurnmary judgment must
4;
judgment on the? pleadings must give a 10-day notice (ROLES OF COURT,
When the Case notiFullyAdjudicatei4T------- '''
,:,:a..c.,.. give the adyerse party a"3 day Rule 35, Sec. 3). '
4 '4,11 r y i
Q: May there T ppkal suirr4atry-judtgiTnerit• notice of rehearing ''(RULES OF
i% c,
:4 '
ANS: Yes. If j dbleht is R6-e ,1,1i1 ered*Iljce k9. ofe;Case the co rt shall ascertain COURT, Itle115,.Sec.,.4) 4
what material facs exis\witholp4) tanbaraintr rekand t ose that are controverted. .1.::
s to its termination:51q.,44?,11'17;ji6.niT-,iit:31:,44 :::.
The court shall then render a ei,11,,,,I wig e tp,proceed on the matters that
remain controverted ((RULES OF C' ul 5, Sec. 9). The entire case is,Nrminated in a There, may be a partial termination in a
X- LI I E judgment on the pleadirkgeY(RULES ''''''Ra7g,ijj.dgrn2rit (RULES OF COURT,
stn
Q: What is the remedyor:eatolltsu _zusgjuclAntnk77:
r OF COURT, Rule 35pSec. 4) 4iulg.135,4SeCt4):--P
ANS: The propriety of thearrilz9 judgTept waty,tvosected only on appeal or other
direct review, not a petitiotfokzertioraMiWit i pares error on the lower court's sto•the existence of an answer
judgment (Philippine Business Bank=vp.C.Hua',.G,TR. o. 178899, November 15, 2010).
There is already an answer filed If the motion is filed by the plaintiff, it must be
Affidavits andAttachments (RULES OF COURT, Rule 34, Sec. filed at any time after the answer is served
1). (RULES OF COURT, Rule 35, Sec. 1).
Q: State the form and contents of the affidavits and supporting papers in a motion
for summary judgment. If the motion is filed by the defendant, it may
ANS: Supporting and opposing affidavits shall be made on personal knowledge setting be filed at any time, even before there is an
forth facts admissible in evidence and showing affirmatively that the affiant is competent answer (RULES OF COURT, Rule 35, Sec.
to testify to the matters stated therein. Certified true copies of all papers or parts thereof 2).
referred to in the affidavit shall be attached thereto and served therewith (ROC, Rule 35,
Sec. 5). (1 RIANO, supra at 500).

Q: What is the effect of submission of affidavits in bad faith? Rendition of Judgments and Final Orders (Rule .36)
ANS: The court shall order the offending party or counsel to pay to the other party the Q: What is a rendition of judgment?
amount of the reasonable expenses which the filing of the affidavits caused him to incur, ANS: A rendition of judgment is the filing of the signed decision with the clerk of court.
including attorney's fees, and the offending party or counsel may further be adjudged The mere pronouncement of the judgment in open court with the stenographer taking
guilty of contempt (RULES OF COURT, Rule 35, Sec. 2). note thereof does not constitute a rendition of the judgment (Ago v. CA, G.R. No. L-
17898, October 31, 1962; Castro v. Malazo, A.M. No. 1237-CAR, August 21, 1980).

498 499
Q: What is the form of a judgment or final order determining the merits of the S. POST-JUDGMENT REMEDIES
case?
ANS: The same shall be in writing, personally and directly prepared by the judge, Motion forNew Trial orReconsideration
stating clearly and distinctly the facts and the law on which it is based, signed by him Q: What is a Motion for New Trial?
and filed with the clerk of court (RULES OF COURT, Rule 36, Sec. 1). ANS: It is a complete retrial of the case after judgment has been rendered based on the
grounds specified under Section 1 of Rule 37. It is an application for a relief requesting
Entry of Judgment and Final Order that the judge set aside the judgment and order a new trial on the basis that the trial was
Q: When does a judgment or final order become final and executory? improper or unfair due to specified prejudicial errors that occurred (1 TAN, supra at
ANS: A judgment becomes executory upon the expiration of the period to appeal from a 1198).
decision or order that finally disposes of the action or proceeding, if no appeal has been
duly perfected. A judgment also becomes executory after an appeal taken from the Q: What are the grounds for a Motion for New Trial?
judgment or order has been finally resolved (RULES OF COURT, Rule 39, Sec. 1). ANS: The grounds for a Motion for New Trial are: (FAMEE)
1. Fraud, Accident, Mistake or Excusable negligence, which ordinary prudence
Q: What is an entry of judgment? could not have guarded against and by reason of which, the aggrieved party
ANS: The entry of judgment is the physical act performed by the clerk of court in has probably been impaired in his rights; or
entering the dispositive portionrof.thelicdr ee inotbk book of entries of judgment and 2. Newly discovered Evidence,. ,wiliph he could not, with reasonable diligence,
after the same has become finlliand execu o TliepcoLd shall contain the dispositive have discovered and prqd0dIpt trial, and if so presented, would probably
0,4 alter the result (RULES ORCOURT Rule 37, Sec. 1).
portion of the judgmen,toL,fingl erder and hall be sigriecrby the clerk of court, with a
certificate by said clerk that/thAtkiTment as a eaOrtied'eme final and executory .
(RULES OF COUR T ule ofSec. 2 Q: What is a Motion for Reconsiqet#20,4
ANS: It is an application filed bySte(agbriKeAqipMukingltdol.set aside or reconsider a
Q: What shall i d ined the Kaatekf Hitry of judgment and what is its judgment or final order issued„13ythevd"93irgiAttilbfikiSTnbi*AdOtted by or contrary to law;
or the findings are not supported by evidence on record (1 TAN; supra at 1198).
importance?
n
ANS: The date 141 of the-judgment Mal-order-shall be deemed to be the date of 4V 4Aq g
its entry (RULP_A,6 COUT, Fki/L:e.-36,0S?c.,,A-,,;Th date bfrerit is significant in Q: What are the grounds for a Motioii foAReconsideration?
reckoning releyant Reiiods in some pjddeedir0Auch as: ANS: The following arellhearourids for moving for reconsideration
1. The dagesw awarded-are excessive; I N
1. The p v x iation ofqopdgmek#N77- 43tion is ‘ithin 5 years i f the entry of
rm
judgrgent tILES,01FGOldR-Tules-39;.-Se,c.1 = eland 2. Thatithe evid9npd is insuffijient toglf1ustify
4
the decision'or final order; or
2. The Mit petitfkrelidf fro Ty':dprDeR, st be notIrtore than 6 months 3. ThatiVdecisidii final finorder
orderissdontrary to:14 07L114-ES;dRCOURT,Ruie 37,
from t e ent of jd nt or
4-11 alsWer (Rd ES F COURT, Rule 38, Sec. Sec.
3).
Q: When is a motipyilor new trial or motion for reconsideration filed?
Q: What is the period within whid Ldgqisisln-mus be rendered in Small Claims ANS: The period to" file, eitheOnotion shal1113,ftyvilhin the period for taking an appeal of
cases? OF C
the decision (RULES OURT Rule _
ANS: After the hearing, thvo rtpVall rer its-I:IA(31990" eel on the facts established
by evidence, within twenty-four124) hour iroPteination of the hearing. The decision Q: What is the effect °lithe filing' of a Motion for New Trial or Reconsideration?
shall immediately be entered by-ftie.cleds,secourt.lettie court docket for civil cases and ANS: The period of appialStiall be interrupted by a timely motion for new trial or
a copy thereof forthwith served on the parties (A.M. No. 08-08-7-SC, Sec. 24). reconsideration. No motion for extension of time to file a motion for new trial or
reconsideration shall be allowed (RULES OF COURT, Rule 40, Sec. 2).
Q: What is the period within which a decision must be rendered in Summary
Procedure? Q: What are the requirements for the filing of a Motion for New Trial or
ANS: Within thirty (30) days after receipt of the last affidavits and position papers, or the Reconsideration?
expiration of the period for filing the same, the court shall render judgment. However ANS: The Motion for New Trial or Reconsideration shall comply with the following
should the court find it necessary to clarify certain material facts, it may, during the said requirements:
period, issue an order specifying the matters to be clarified, and require the parties to 1. It must be in writing;
submit affidavits or other evidence on the said matters within ten (10) days from receipt 2. Stating the ground or grounds therefor; and
of said order. Judgment shall be rendered within fifteen (15) days after the receipt of the 3. A written notice of which shall be served by the movant on the adverse party
(RULES OF COURT, Rule 37, Sec. 2).
last clarificatory affidavits, or the expiration of the period for filing the same (Revised
Rules on Summary Procedure, Sec. 10).
Q: What should be contained in a Motion for New Trial?
ANS: The motion shall be made in writing stating the ground or grounds thereof, a
written notice of which shall be served by the movant on the adverse party (RULES OF
COURT, Rule 37, Sec. 2).

500 501
Q: What are the contents of a Motion for Reconsideration? 4. Rule 45 governing appeals by certiorari to the Supreme Court. This Rule was
ANS: A Motion for Reconsideration shall point out specifically the findings or adopted to standardize the appeal periods provided in the Rules to afford fair
conclusions of the judgment or final order which are not supported by the evidence or opportunity to review the case and, in the process, minimize errors of
which are contrary to law, making express reference to the testimonial or documentary judgment (Id.).
evidence or to the provisions of law alleged to be contrary to such findings or
conclusions (RULES OF COURT, Rule 37, Sec 2). Q: Does the Fresh Period Rule apply to the petition for certiorari under Rule 64?
ANS: The Fresh Period Rule does not apply to the petition for certiorari under Rule 64
Q: What are the actions of the court on the Motion for New Trial or of the Rules of Court. Rule 64 corrects only errors of jurisdiction, not errors of judgment.
Reconsideration? Thus, questions of fact cannot be raised (Fortune Life Insurance Company, Inc. v. COA
ANS: The trial court in case of a motion for new trial or reconsideration may: Proper, G.R. No. 213525, January 27, 2015).
1. Set aside the judgment or final order and grant a new trial, upon such terms as
may be just; or Q: Does the Fresh Period Rule apply when a party does not file a motion for new
2. Deny the motion; trial or reconsideration?
3. If the court finds that excessive damages have been awarded or that judgment ANS: No. The Fresh Period Rule of 15 days becomes significant only when a party opts
or final order is contrary to the evidence or law, it may amend such judgment to file a motion for new trial or reconsideration. Moreover, the Rule does not refer to the
or final order accordingly R ESOP OURT, Rule 37, Sec. 3). period within which to appeal from the order denying the motion for reconsideration but
to the period within which to appeal, fyoryilhe judgment itself, because an order denying
Q: Is a second motion fsphew trial allow a motion for reconsideration is not,ap'fiealeble (Neypes v. CA, supra).
ANS: Yes. A seconcAtion ftrine rialrbas oo, a 9roj.indtQot existing nor available
when the first motio ipde may be filed wit ihNtte'time'',4cein provided excluding Appeals
the time during Mich thEfirstemotionlfenTerr UL COURT, Rule 37,
Sec. 5, Par. (1)). AQ/ Judgments and Final Orclerssubjectto APpea
P :i 7f, Q: What may be the subject of appeal? 1,
Q: Is a secondimotio0or reconsiderationallowed?1 \ (f )‘
ANS: No. No eartyoshall be IloWed a secondmotiaifor reco laesation of a judgment ANS: An appeal is available only fronn)0 judgment or ajfinal, order that completely
or final order (RULES OF CO ' RT;cRijlew.;,.S064.5 ! rPa (2)). disposes of the case qr.ief -a.,particulgr m tier therein when declared by the Rules to be
ia-,:-:7---.:;_- ',-bi appealable (RUL45.OFCCORT, Rule 41 Sec. 1).
1 .004A H
Q: What is thei effect if tite7
ili\i
stion forieikikel is gjaiTit.§Ìd?
Ans: If a new Tarn anter.;0• accordance dl,(Itti thei pio
.Vipion„ Oflit Rules the original Q: Are all final orders
judgment or fin Ito der haINt i teiia[gt_th4-30,qikshalliistand fo trial de novo; but ANS: No. Only, fnerorders,,that coppletely dispoSerigfAhe-1:5ase' 'or of a particular
the recorded evidencetaken , on:47itfOrcnerVi t ,Kriebfar as the same is material and matter therein when so ;gleqlared' by thet ules are appealable. Moreover, Rule 41,
competent to establish the issbe,s1.0.a114,9,13Urst"at ,&/ trial/Without retaking the Section 1 of the Rules of;Court enumerates several final orders where no appeal may
same (RULES OFV.c7T\ ule(36',Ge-c-.7,6- .r•-r\ IX -') be taken from PULES OF COURT, Rule 47, Sec. 1).
);Th. Matters notAppealable;availableremedies
Remedy against denialand freshrerioctrule
-.0,„,-- t /
1 Q: What orders or judgments shay not be appealed from?
Q: What is the remedy against orckrdenytng aamotion for reconsideration or
new trial? ANS: No appeal may be1akerVrom: (DIDSES-D)
ANS: An order denying a motion for new trial or reconsideration is not appealable, the 1. An order Denying a petition for relief or any similar motion seeking relief from
remedy being an appeal from the judgment or final order (RULES OF COURT, Rule 37, judgment;
Sec. 9). 2. An interlocutory order;
3. An order Disallowing or dismissing an appeal;
Q: Explain the concept of the "Fresh Period" Rule. 4. An order denying a motion to Set aside a judgment by consent, confession or
ANS: Where the motion for new trial or reconsideration is denied, the movant shall have compromise on the ground of fraud, mistake or duress or any other ground
a fresh period within which to file his appeal of the judgment or final order. The 'fresh vitiating consent;
period" is 15 days counted from the receipt of the order denying the motion for new trial 5. An order of Execution;
or for reconsideration (Neypes v. CA, supra). 6. A judgment or final order for or against one or more of several parties or in
Separate claims, counterclaims, cross-claims and third-party complaints, while
Q: To which Rules does the Fresh Period Rule apply? the main case is pending, unless the court allows an appeal therefrom; and
ANS: This Fresh Period Rule shall apply to: 7. An order Dismissing an action without prejudice (RULES OF COURT, Rule 41,
1. Rule 40 governing appeals from the Municipal Trial Courts to the Regional Sec. 1).
Trial Courts; Note: As per A.M. No. 07-7-12-SC, an aggrieved party may no longer assail an order
2. Rule 42 on petitions for review from the Regional Trial Courts to the Court of denying a motion for new trial or reconsideration by way of Rule 65, such ground having
Appeals; been removed from the enumeration in Section 1 of Rule 41. The aforementioned
3. Rule 43 on appeals from quasi-judicial agencies to the Court of Appeals; and Resolution took effect on December 27, 2007. The proper remedy is to appeal from the
judgment in the original case.

502 503
 11-.Terii; •V.V't eZfko.

Q: What is the remedy in those instances where the judgment or final order is not Petition MTC - RTC - CA Questions of law or fact or both
appealable? Rule 42
for (appellate)
ANS: The aggrieved party may file the appropriate special civil action under Rule 65 Review
(RULES OF COURT, Rule 41, Sec. 1; Crisologo v. JEWM Agro-lndustrial Corporation,
G.R. No. 196894, March 3, 2014). Rule 43 Petition Quasi-judicial Questions of law or fact or both.
for agency Note: Unlike in the other modes
Doctrine of Finality/Immutability of Judgment exercising of appeal, an appeal under this
Review
Q: What is the Final Judgment Rule? quasi-judicial Rule shall not stay the award,
ANS: Under the Final Judgment Rule, appeals are allowed only after all the issues functions judgment, final order or
involved in a particular lawsuit have been finally determined by the trial court. This enumerated .4 CA resolution unless the CA directs
limitation rests on the theory that piecemeal appeals are oppressive and costly, and that therein; otherwise.
optimal appellate review is achieved by the trial court (RULES OF COURT, Rule 41, CSC; and
Sec. 1; BERSAMIN, Appeal and Review in the Philippines (2000), p. 117 [hereinafter, Ombudsman
BERSAMIN, Appeal]). A decision that has acquired finality becomes immutable and (administrative/
unalterable, and may no longer be modified in any respect, even if the modification is disciplinary cases)
meant to correct erroneous conclusionT;ciffettancl4w, and whether it be made by the Petition $zi:1 1 Questions of law only
Rule 45 RTC (original)
court that rendered it or by
epeti 1 hest
, ctirtioff e laVy TAN, supra at 44). for CA, ' '.' -
Q: What are the exception e inal-Judg enc Rale? Review SC,.•. .
on CIA'
: en - 41
ANS: The following yre/it. e4eept ons:
1. Nunc pro 10n,;di eg;tfies*Whic'57c-anse...02 p ej_ dice to any party, void Certiorari Sandigardiavfln -41 ,:
judgmernjs rd WheneverigircUpstances biansplreafter the finality of the
decisi n w is render its exectOndinjust and inequitable (Land Bank of the Q: Distinguish betweepan improper appeal and-an-erit; 'lt us appeal.
Philip i es v istanfp, G.R. No 488,105, July 17, 201q);
2. Statu 7 E ceptiqn - This ie,i!illustrated l fyap
n\ I j dgment or order
ANS: Improper appeaRnaans the chbickbr mode of appeal is correct but the appellant
raises issues which the' court could notivsolve. In thisPinOtarice the case may be
rendered-fo or against bri`e on .'bre--of4b-everal partie , or4n separate claims, referred to the CourtlibeAp'p§als (RULEVF COURT, Rule 0, Sec. 6), although the
counteVaims, cross-clairris" . and.;third;party
••: .,..,!!--•,/ c 'mplaint ,Nvhile the main case is Supreme Couryrndy also'dismiss the app,aal. On the other ,hand; erroneous appeal
t
pend‘lefiallo y the tn -bouri, a eapbthdrized u der Section 1 of means errorJn'.the chbice In thisinstance, the appeal shall be
or mode of 40i5eal.
Rule garA -.,)7 it 4 .4- —
r''-'' I 0, dismissed outright (CirctilarVo. 2=90, MardhS,
3. Discrettionaryk E eteRtzt -,..:.7--T is:',invqjvi es ,the Supreme, Court's "plenary tt.--1
discretibn to accept bV,ef 'IrAtocatiii Wats) .
i ..4.... , appellate
/2. ..,ejui
risdiction;" Appeal from Judgments'or Final Orders of the MTC
4. Collate)al Order xce9tibk isisn or rer in this case determines a Vr--- 41, fff
matter collateral to ke rightFuptiqsi irig-t action, which is too important to be Q: Where may an appeal from a judgmer$90nR1 order of an MTC be made?
,..)'' 2r ANS: An ordinary appe4froth.a judgmeriedrifirAliArdsr of t,ie MTC may be taken to the
denied reviev. Therihae-atidrAoathi exc‘pti necessarily depends upon
finding that th“esisioni . or.orclep.beinglappyaled truly involves collateral RTC exercising jurisdiblibn oveg<the%reg46%tiliiblVthetMTC pertains (RULES OF
matters and is a firkile4rmindlipKoppssOsstiet; and COURT, Rule 40, Sec.hf
5. Where some Immediate Harm‘tnight'occ01: to the appellant if review is Note: Where the MTnlismisges a case for lack of jurisdiction and appeal of such
postponed because the tardoliffraetermination is such that it necessarily dismissal is made to theRTC, should the latter affirm the dismissal and if it has
requires some immediate act or conduct by the parties that will be irremediable jurisdiction over the subject matter, the RTC is obliged to try the case as if it were
should the later review suggest that it was improperly ordered originally filed with it (RULES OF COURT, Rule 40, Sec. 8).
(RULES OF COURT, RULE 41, Sec. 1; BERSAMIN, Appeal, supra at 120-121).
Appeal from Judgments or Final Orders of the RTC
Modes of Appeal from Judgments or Final Orders of Various Courts (Rules 40. 41.
42.43, and 45)
Q: What are the three modes of appealing a judgment or final order of the RTC?
ANS: There are three modes of appealing a judgment or final order of the RTC. It may
Q: Outline the modes of appeal under the Rules of Court. be through:
ANS: The following are the modes of appeal under the Rules of Court: 1. An ordinary appeal (RULES OF COURT, Rule 41);
2. A petition for review (RULES OF COURT, Rule 42); or
Cburt being • •. 3. By petition for review on certiorari (RULES OF COURT, Rule 45).
Governing Mode of
reviewed .4 • Issues thatmay' be railed ;
Rule Appeal
Appellate Court •: • • • Appeal from Judgments or Final Orders of the C4
Rule 40 Notice of MTC .4 RTC Questions of law or fact or both Q: Where may an appeal from a judgment or final order of the CA be taken?
appeal/ ANS: Appeal from the judgments or final orders of the CA concerning purely questions
Rule 41 Record on RTC .4 CA Questions of law or fact or both of law which must be distinctly set forth may be elevated to the SC by way of petition for
appeal (original) review on certiorari (RULES OF COURT, Rule 45).
•
504 505
ip
 .)14fat'gl:tOyi:,Viirf:I:{4F4:fte-,::11i.l."

Period to Appeal 2. In appeals by record on appeal, the court loses jurisdiction only over the
Q: Outline the periods within which to take an appeal and extensions of such subject matter thereof upon the approval of the record on appeal filed in due
periods. time and the expiration of the time to appeal by the other parties (RULES OF
ANS: The following are the periods within which an appeal and extension of such COURT, Rule 40, Sec. 4; Rule 41, Sec. 9).
periods may be taken:
Q: What is the nature of the payment of docket fees?
• : •. ANS: Payment of docket fees and other lawful fees within the prescribed period is both
Governing
Period to Appeal • 'EXtension Allbuied mandatory and jurisdictional; non-compliance with which is fatal to an appeal. Without
Rule •.
the payment of docket fees, the appeal is not perfected and the appellate court does not
Notice of appeal - within 15 Period to file notice of appeal may acquire jurisdiction to entertain the appeal, thereby rendering the decision sought to be
days from notice of judgment not be extended. appealed final and executory (Cu-Unjieng v. Court of Appeals, G.R. No. 139596,
or of the denial of the a. Reason: It is very simple to January 24, 2006).
appellant's MR/ MNT. prepare a notice of appeal.
b. Period to file a record on appeal /ssues to be Raised on Appeal
Habeas corpus - notice of may be extended provided the
Rule 40 appeal is filed within_41 Q: What are the issues that may be raised on appeal?
-motion for extension thereof is filed
and from notice of,,,judgmeti Xciwtthithe original 30-day period. ANS: The issues which may be raisedeqppeal are those questions of law or fact that:
Rule 41 denial of M.,,RPMN'k 1. Were raised in the court below;,.artd
lieaioncpreparation of the record
2. Are within the issues!7!:7,,r,!IY the parties therein (CIR v. Eastern
hen a recor
"t )on_appfe' Tpearsay take time for it may
. AA Telecommunications Philippines' Inc G.R. No. 163835, July 7, 2010).
W
re 30 days, rewire sp'Mplation of voluminous
froiAaoticeof ' judgmentor ;of ''''-recofdkv Q: May the court consider issues 490alseti,oeappreaint,
thlKiip of the apP-Allan4 ANS: As a general rule, issues'that have not been raised,befoo the lower courts cannot
rywum be raised for the first tirti'a!'On appeq, (Sijouses Eroita v. Spouses Dumlao, G.R. No.
t A ‘,...,c 9, 195477, January 25, 2018)„
4ffibEi for review ;7:s within May be exter\d0,19 15 days upon .-km ,
5--dafs from notice, of th'&-; .proper!motion and elpayment of the
decision so ght 46.7, ,be; 7""-full amount ofithe'docket and other Q: What are the exceptions?' ,
giewed of denial -of' lawy feeIs and deposit for costs ANS: An appellarAo - is clothed with ankle authority to' review rulings even if they are
court
Rule 42 etitiorrer's NT. .,..1, beforyz-fie qpIraticil of the original not assigned a.k.eirors in the appeal in iheRinstances: (JECIRD)
k41, " '15/claP,period. 1. Grounds not assigned as errors but affeCtifgpiTAIlietiorfpover the subject
,- /- ,, / Nc:i'ffirther
I/ extension
matter fad
4hall\pe granted except for the most
,...6ipe;i ngfreasonsfand in no case to 2. Matters ng4,sSigrked as arrorstbn appeal but are evidently plain or clerical
,...,:Sbi
_ R \iiVxcee ,5 days. Errors witfijn contenplatiori of lay'‘;;/
3. Matters not apsigped as errorirolqapp,eal but consideration of which is
• necessary inApiing at tjpptgeSfsicnjageongete resolution of the case or
PetitiA for reaview-mon....‘011 btiopciuly filed and served, with
certiorari =R,,,,,etbin4•15 diysl y enTof the docket and other to serve the interests gfdriice or to avoid dispensing piecemeal justice;
from notice df%„th , awArdli'la\Arf ees and the deposit for costs 4. Matters not specifically\ assigned as errors on appeal but raised in the trial
judgment, final order--cp- efore the expiration of the original court and are matterswf record having some bearing on the issue submitted
Rule 45 resolution, or from the date of 15-day period, the SC may for which the parties failed to raise or which the lower court Ignored;
its last publication or the justifiable reasons grant an extension 5. Matters not assigned as errors on appeal but closely Related to an error
denial of the petitioner's MR/ of 30 days only within which to file the assigned; and
MNT. petition. 6. Matters not assigned as errors on appeal but upon which the determination of
a question properly assigned, is Dependent (Mendoza v. Bautista, G.R. No.
143666, March 18, 2005).
Perfection ofAppeal
Q: When is an appeal deemed perfected? Q. When may the Supreme Court decide on questions of fact?
ANS: An appeal is deemed perfected when: ANS: In petition for review on certiorari under Rule 45, the Court is generally limited to
1. Notice of appeal: by the filing of the notice of appeal in due time. reviewing only errors of law. Nevertheless, the court has enumerated several exceptions
2. Record on appeal: upon approval of the record on appeal filed in due time to this rule, such as when:
(RULES OF COURT, Rule 40, Sec. 4; Rule 41, Sec. 9). 1. The conclusion is grounded on speculations, surmises or conjectures;
2. The inference is manifestly mistaken, absurd or impossible;
Q: What is the effect of the perfection of appeal? 3. There is grave abuse of discretion;
ANS: Perfection of appeal has the following effects: 4. The judgment is based on misapprehension of facts;
1. In appeals by notice of appeal, the court loses jurisdiction over the case upon 5. The findings of fact are conflicting;
the perfection of the appeals filed in due time and the expiration of the time to 6. There is no citation of specific evidence on which the factual findings are
appeal of the other parties. based;

506 507
 7. The findings of absence of facts are contradicted by the presence of evidence appeal shall not stay the award, judgment, final order or resolution unless the CA directs
on record; otherwise (RULES OF COURT, Rule 43, Sec. 12).
8. The findings of the Court of Appeals are contrary to those of the trial court;
9. The Court of Appeals manifestly overlooked certain relevant and undisputed Dismissal, Reinstatement, and Withdrawal of Appeal
facts that, if properly considered, would justify a different conclusion; Q: What are the grounds for the dismissal of an appeal? (PP-PASACAA)
10. The findings of the Court of Appeals are beyond the issue of the case; and ANS: An appeal may be dismissed by the CA, moto proprio or on motion of the
11. Such findings are contrary to the admission of both parties (Carbonell v. appellee, on the following grounds:
Carbonell-Mendes, G.R. No. 205681, July 1, 2015). 1. Failure of the record on appeal to show on its face that the appeal was taken
Q: Which errors may be reviewed by the SC in a petition for review on certiorari within the Period fixed by the Rules;
under Rule 45? 2. Failure to file the notice of appeal or the record on appeal within the Period
ANS: The errors which we may review in a petition for review on certiorari are those of prescribed by the Rules;
the CA, and not directly those of the trial court or the quasi-judicial agency, tribunal, or 3. Failure of the appellant to Pay the docket and other lawful fees as provided in
officer which rendered the decision in the first instance (Miro v. Vda. de Erederos, G.R. Section 5, Rule 40 and Section 4 of Rule 41;
No. 172532, November 20, 2013). 4. Unauthorized Alterations, omissions or additions in the approved record on
appeal as provided in Section 4 of Rule 44;
Review of Judgments or fina10-6?- the..COA, COMELEC CSC and the 5. Failure of the appellant to Sq,rybAand file the required number of copies of his
Ombudsman brief or memorandum withiqfacKne provided by the Rules;
6. Absence of specific Aspighinebrof errors in the appellant's brief, or of page
Commission on Audi (COA) references to the record'as*quired in paragraphs (a), (c), (d), and (f), Section
of 4) 13 of Rule 44;
Q: How may a judgmerresutiotiorFroI
ol der4t es,COA be reviewed? 7. Failure of the appellare tc:?!taktpthe1.,:necessar&Steps for the Correction or
ANS: A judgmen , rgolp on • r final zder,Of th,R,COA/\-na ught by the aggrieved completion of the record withinithe time linilieciviiy-464court in its order; and
party to the SC on c rtioran nder Rulez0 irftrelation to Rule 61„,13y filing the petition 8. Failure of the.appellant to Ape at the preliminaryiOnference under Rule 48
within 30 days 95 .iotrce (R LES OF COURT, Rule 6', Sec's. 0.3)s. or to complOth.prders, circulars or directives of5ihe'lcourt without justifiable
cause "
Commission on/Elections (COMELEC);-:$
9. The fact thattheiOrdel or judgment appealed from is not Appealable (RULES
4. A°
Q:11-low may ijuggirtent
. (art
re olution for final o ijFjeICOIVIEC be reviewed? OF cant Rul450 Sec.
4,*
ANS: A judgatent, resolu on br-final-ordp?-of-the-9O LE on be brought by the •
aggrieved partAkifieVC jelkorarttindepThile 651q elation tdsflde 64 by filing the Q: When is artappeatteinslated?„.:.
petition within 3 days from rtrcse;'Rl.14-Ed'OF±C ,fik1F' leu64, Se s. 2 & 3). ANS: If an appeal 1)as..42een disrassekf.-3. the appellatecpprrjetains the power or
As.:14 discretion to reinstajNit014,‘power or diSqetion is included or implied from the power
Civil Service Commission (CSC) or discretion to dismiss the ':,appear But kbe power or discretion to reinstate must be
Q: What is the modekcif apeealk)Sktr- Nrt exercised only upon shOwingZof,o•
a good arki;.gyfilafebt cause (People v. Diaz 691 SCRA
-&dectsio he 9C tythe CA?
139, 148, February 18,,2013).
A: A judgment, final ord‘r or rgolutimof.the.GS - rpooy,t.q.,ken to the CA via a petition
for review under Rule 43(RUL:EB,,bF COURT, Wile.(1,3,.sQev. !;•
Q: When may appeal bkw.ithdraWn?
The Ombudsman ANS: In civil cases, an e'Ppeallnay be withdrawn as a matter of right at any time before
filing of the appellant's brief. After such filing, the withdrawal may be allowed by the
Q: To what court are orders, directives, and decisions of the Ombudsman appellate court in its discretion (Commissioner of Internal Revenue v. Nippon Express
appealable? Phils. Corporation, G.R. No. 212920, September 16, 2015).
ANS: It depends on the nature of the order, directive, or decision.
1. In administrative or disciplinary cases, an appeal from the orders, directives, The "Harmless Error Rule" in Appellate Decisions
and decisions of the Ombudsman may be brought before the CA via a petition
for review under Rule 43 (RULES OF COURT, Rule 43, Sec. 1). Q: What is the Harmless Error Rule?
2. In criminal or non-administrative cases, the appeal should be taken before the ANS: No error in either the admission or the exclusion of evidence and no error or
SC via a petition for certiorari under Rule 65 (RULES OF COURT, Rule 65, defect in any ruling or order or in anything done or omitted by the trial court or by any of
Sec. 1) the parties is ground for granting a new trial or for setting aside, modifying, or otherwise
disturbing a judgment or order, unless refusal to take such action appears to the court
Review of Final Judgments or Final Orders of Quasi-JudicialAgencies inconsistent with substantial justice. The court at every stage of the proceeding must
disregard any error or defect which does not affect the substantial rights of the parties
Q: To what court are final judgments or final orders of quasi-judicial agencies (RULES OF COURT, Rule 51, Sec. 6; Velasco v. CA, G.R. No. L-31018, June 29,
appealable? 1973).
ANS: Appeals from the quasi-judicial agencies listed in Rule 43 are required to be
brought to the CA via a petition for review. It may involve a question of law, a question of
fact or mixed questions of law and fact (RULES OF COURT, Rule 43, Sec. 3). The

508 509
Petition for Relief from Judgment (Ru/e 38) Q: When is extrinsic fraud not a valid ground to annul a judgment?
Q: State the grounds for availing of the remedy of a petition for relief from ANS: If it was availed of, or could have been availed of, in a motion for new trial or
judgment. petition for relief (RULES OF COURT, Rule 47, Sec. 2).
ANS: The grounds are:
1. When a judgment or final order is entered or any other proceeding is thereafter Q: What does lack of jurisdiction as a ground to annul a judgment refer to?
taken against the petitioner in any court through fraud, accident, mistake or ANS: It refers to either lack of jurisdiction over the person of the defending party or over
excusable negligence (RULES OF COURT, Rule 38, Sec. 1); or the subject matter of the claim (Republic of the Philippines V. G Holdings Inc. G.R. No.
2. When the petition has been prevented from taking an appeal by fraud, 141241, November 22, 2005).
accident, mistake or excusable negligence (RULES OF COURT, Rule 38, Sec.
Period to File Action
2).
Note: The extrinsic fraud that will justify a petition for relief from judgment is that fraud Q: Within what period should an action to annul a judgment be filed?
which the prevailing party caused to prevent the losing party from being heard on his ANS: The period within which an action to annul a judgment should be filed is as
action or defense. Such fraud concerns not the judgment itself but the manner in which follows:
it was obtained (AFP Mutual Benefit Association, Inc. v. Regional Trial Court, G.R. No. 1. Where the ground is based upon extrinsic fraud, the action must be filed within
183906, February 14, 2011). 4 years from its discovery; or
'.-'..,4, 2. If the ground is based on lack,.oforisdiction, the action must be brought before
Q: In which court should aap'ern foirebeflimin ludgment be filed? the action is barred by lached*-§stoppels (RULES OF COURT, Rule 47, Sec.
ANS: The petition mayj)ffilq fflhe same coda nd l'hihe same case that rendered 3).
the judgment, ordered e proceedin-j.ilswZains helpefitioner, .,#,,,,or denied the appeal;
...- ..vt".
praying that said jusigmen o proceedingl he-set asida or tnaPthe appeal be given due Effects of Judgment ofAnnu/ment:
course (RULES 0 05 , ule -113-,- Seds..1 & 2). '\,..'
Q: State the effects of the juddnientof annulment.,
r p ANS: The effects of the judgment of anpulMent are the following:
Q: When should the ftitioq for relief from judgment be filpd?ArI f
ANS: A petitiortfor-telkef frompudgmentjm0Sflbe-filed-within (albcf019y,p from knowledge 1. On the grouniif,Pof lack of juriTdictr6n:
of judgment, ovie ,other 1:),ceedingstObe. set aside and (IV16,rtioOths from entry of a. The questioned judgrneig, or order shallhbe,5 set aside and rendered
such judgment] ordTor other proceedinbalie41Wo Oriods must concur. Both periods void„ The nullity shall be ,without prejudiceto.,there-filing of the original
are not extendiple14 arTn er interrupted;tRULES 0.90UIRT, Rtild 38, Sec. 3). action in tlie'proper courtr(RULES OF COURT, RIO 47, Sec. 7); and
g / b.., "The prescriptive period tekke-file shall be deemed suspended from the
% st m \ • -5:. filing, of such original action until the A nAlity • of the judgment of
Q: State. the foEitan contents ,,,,f a kti iOtrfoy pfli?',.''
ANS: The petition musk be \y@Vid.,,fiti.cl '6000ant,d/by n affidavit showing fraud, -{A1
'7s annulment COURT, Rutel)MtS,§413*4
accident, mistake, or excultablO.n ? lig 9.3,n110-4So hale an affidavit of merit which
shows the facts nstitutin the pe itk ,ts....ggodVandseibstantipl cause of action or 2. On the ground of extrinsic fraud:p
defense as the case ay be sas(oPEcgi9.5,t>R' a. Thecourt, upon motion rpayioscler, the trial court to try the case as if a
motion,for.neW trial was,,grOleth(1314E,$,OF COURT, Rule 47, Sec. 7);
0 ,-. T
anhde
Annulment of Judgment,(Rule 47)
''.".- 1/4'-I 1‘ b. pr!e
:ls:
criptivek:P'S;;Od'w'st
haln;rh:SZ4 eInded if the extrinsic fraud is
Q: Which court has originallur.,,Wl Isc o12„actions to annul judgments of the attributable.tos,,the plaintiff in the original action (RULES OF COURT,
RTC? Rule 47, Seb: 8).
ANS: The CA has exclusive original jurisdiction over actions for annulment of judgments c. The court may include the award of damages, attorney's fees, and
or final orders and resolutions in civil actions of the RTC (RULES OF COURT, Rule 47, other relief (RULES OF COURT, Rule 47, Sec. 9).
Sec. 1).
Collatera/Attack on Judgments
Grounds forAnnulment
Q: What is the difference between a direct and a collateral attack of judgments?
Q: State the grounds for annulment of judgment of the RTC. ANS: An action is deemed an attack on a title when its objective is to nullify the title,
ANS: An action for the annulment of judgment may be based only on the ground of thereby challenging the judgment pursuant to which the title was decreed. The attack is
extrinsic fraud and lack of jurisdiction (RULES OF COURT, Rule 47, Sec. 2). direct when the objective is to annul or set aside such judgment, or enjoin its
enforcement. On the other hand, the attack is indirect or collateral when, in an action to
Q: What is extrinsic fraud? obtain a different relief, an attack on the judgment is nevertheless made as an incident
ANS: Extrinsic fraud refers to any fraudulent act of the prevailing party in the litigation thereof (Roman Catholic Archbishop of San Fernando, Pampanga v. Soriano, Jr., G.R.
which is committed outside of the trial of the case, whereby the defeated party has been No. 153829, August 17, 2011).
prevented from exhibiting fully his side of the case, by fraud or deception practiced on
him by his opponent (AFP Mutual Benefit Association Inc. v. Regional Trial Court
Marikina City, Branch 193, supra).

510 511
 m=trreSi:v:43p.:,w-
.

T. EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS (RULE 39) limitations. This action to revive the judgment must be filed within 10 years
from the date the judgment became final (RULES OF COURT, Rule 39, Sec.
Q: What is meant by execution?
ANS: Execution is a remedy afforded by law for the enforcement of a judgment, its
6).
object being to obtain satisfaction of the judgment on which the writ is issued. It issues Issuance and Contents of a Writ of Execution
by order of the court a quo, on motion of the judgment obligee upon finality of a
judgment or order sought to be enforced (Cagayan de Oro Coliseum, Inc. v. CA, G.R. Q: What are the contents of a writ of execution?
No. 129713, December 15, 1999). ANS: The writ of execution shall issue in the name of the Republic of the Philippines
from the court which granted the motion and shall state: (CN-TDS)
Difference Between Finality of Judgment for Purposes of Appeal and for Purposes 1. The name of the Court which granted the motion;
of Execution 2. The case Number;
3. The Title;
Q: Distinguish between finality of judgment for purposes of appeal and finality of 4. The Dispositive portion of the judgment or order subject of the execution; and
judgment for purposes of execution. it shall
ANS: For purposes of appeal, a judgment or order is final if it disposes of the action or
5. Require the Sheriff or other proper officer to whom it is directed to enforce the
proceeding. It is one that leaves nothing else for the court to do, so that it is now writ according to its terms (RUL S OF COURT, Rule 39, Sec. 8).
appealable (Investments, Inc. v.cA..Gp.R.,(Vsl L-60036, January 27, 1987). For
purposes of execution, a jtjsignfEit orlardar la rici . logger appealable and is already Execution of Judgments for Money*,'
capable of being executVgbecapajhe Tp_giodstqapephas elapsed without the party RAT •
having perfected an appea 1,th_, era,-has.been4Q,apppal4 as already been affirmed Q: How are judgments for monevtmcupd?
by the highest possibl' bu INIANO,supra at 60Q r ANS: The officer enforces the judgment
1. Immediate payment on Pd:bijOrfidoffgaiF officer enforcing the writ shall
When Execution.sallissue
f '''YI . r '-ii-
AK
Q: When may executign iss e as a mattbr of right?
demand from the jtIdgrnenirobjidoi-thelmsradlatiPayment of the full amount
stated in the Adgment incllidrg the lawful leegip cash, certified check
payable to thegUdgment obligee' or any other forty oftpayment acceptable to
ANS: Executio as-a, , atter 'f-right-is-aVa)Iable-on-metyn upoQC
. ju5Al\
g ent or order that him. ,11%,
disposes of th 0 ,ac o or pro eediugupop;te,e,xpirati9n of tiiOcrano to appeal and if 2. Satisfaction ,by If judgment obligor4aarnot$p ay all or part of the
no such appe has en dul perfeeled(RULEVF COURT, tile..39, Sec. 1). obligatignigrn caat:1;4cartified check payable to ,the judgment obligee or other
\ '....,_
:k modeAf payment acceptable to latter, the officer shall levy upon the
Q: Where should t frexectiti-sik-be-filedr? '~'r propOies,pf,thewsigmesq obligop.
ANS: Executioti al ea id for igthe#W or,ofigin. ../. •-,)/
If an appeal
appealhas been duly Not6itrhe judgment obligorr shalhave the 15ptiorilgtIpelaCting which property
perfected and fl\ ally rasolve ,••_<the\k,
›Waiicilif46411with e appjfed for also in the shall be,tleviddia5n sufficient tctc,Cover the judViteifteali-t. Should he fail to
court of origin, on rnotiorisof the 16" k.e . itSge,( ••ES
....r • 0 COURT Rule 39, Sec. 1). exercise the cfritionithe officer shill first levy on the personal properties, if any, xf
.i and then on the real properties if; MpgKfsonal properties are insufficient. The
Q: When is execut on a ma e ottd"scrktibraN sheriff shall sallf„paly a sufficier*pfiFttpiiNaKgoperties of which has been
ANS: An execution rrNy b allbwpckeyszsfprepthAezplik9 of the period for appeal levied and only mu,st(aFtgeMI:aa441ffiOtaht;,to satisfy the judgment and
or pending appeal providecUhelo)ldwingleqpiRemre09sent: (MF-HR-S) lawful fees.
1. There must be a Mbti, n filed bOitpreMill wparty with notice to the adverse 3. Garnishment atdbbot.s and credits — The officer may levy on the debts due
party; the judgment debfOr Including bank deposits, financial interests, royalties,
2. The motion must be Filed with the trial court while it has jurisdiction over the commissions and other personal property not capable of manual delivery in
case and is in possession of either the original record or the record on appeal, the possession or control of third parties (RULES OF COURT, Rule 39, Sec.
as the case may be, at the time of the filing of the motion; 9).
3. There must be a Hearing of the motion for discretionary execution;
4. There must be good Reasons to justify the discretionary execution; and Q: Are money judgments enforceable only against property of the judgment
5. The good reasons must be stated in a Special order (RULES OF COURT, debtor?
Rule 39, Sec. 2, Par. (a)). ANS: Yes. It is a basic principle of law that money judgments are enforceable only
against property unquestionably belonging to the judgment debtor. Property belonging
How a Judgment is Executed to third persons cannot be levied upon (Sarmiento v. Mendiola, A.M. No. P-07-2383,
December 15, 2010).
Execution by Motion or by Independent Action
Q: What are the modes of execution of judgment? Q: What is a levy?
ANS: The following are the modes of execution: ANS: Levy is the act whereby the sheriff sets apart or appropriates a part or the whole
of the properties of the judgment obligor to satisfy the command of the writ (Fiestan v.
1. Execution by motion may be had if the enforcement of the judgment is sought
CA, G.R. No. 81552, May 28, 1990). It is necessary only if the obligor cannot satisfy the
within 5 years from the date of its entry; and
judgment in cash, certified check, or any other mode of payment acceptable to the
2. Execution by independent action may be had when the 5-year period has
judgment creditor (RULES OF COURT, Rule 39, Sec. 9, Par. (b)).
elapsed from the entry of judgment and before it is barred by the statute of

512 513
Q: What is meant by garnishment? 7. The professional Libraries and equipment of judges, lawyers, physicians,
ANS: Garnishment is a species of attachment for reaching any property or credits pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other
pertaining or payable to a judgment debtor. In legal contemplation, it is a forced novation professionals, not exceeding P300,000 in value;
by the substitution of creditors (Perla Compania de Seguros, Inc. v. Ramo/ete, G.R. No. 8. One fishing Boat and accessories not exceeding the total value of P100,000
L-60887, November 13, 1991). owned by a fisherman and by the lawful use of which he earns his livelihood;
9. So much of the Salaries, wages, or earnings of the judgment obligor for his
Execution of Judgments forSpecif7cActs personal services within the 4 months preceding the levy as are necessary for
Q: How shall a judgment for the performance of a specific act be executed? the support of his family;
ANS: If the judgment requires a person to perform a specific act, all that a sheriff is 10. Lettered Gravestones;
11. Monies, benefits, privileges, or Annuities accruing or in any manner growing
called upon to do Is to serve the writ of execution with a certified copy of the judgment
out of any life insurance;
requiring specific performance upon the party or parties against whom the same was
12. The right to receive Legal support, or money or property obtained as such
rendered and in case of failure to abide, it is at the prevailing party's instance not the
sheriff's that the aid of the court may be sought (Del Rosario v. Bascar, A.M. No. P-88- support, or any pension or gratuity from the Government; and
13. Properties specially Exempted by law.
255, March 3, 1992). Said act must be performed but if the party fails to comply within
Note: No article or species of property mentioned shall be exempt from execution
the specified time, the court may direct the act to be done by someone at the cost of the
disobedient party and the act when.sO'—ordirs' issued upon a judgment recovered for itsvrice or upon a judgment of foreclosure of a
ie the effect as if done by the party
mortgage hereon (RULES OF COURZLRike 39, Sec. 13).
(RULES OF COURT, Rule 9,Srk10).
Q: Is there an exception to the e,Xermitqiii,
E ecution ofS ecial ud4—
r7111 ANS: Section 8(g) of R.A. No. 9 .-`0;1bOirig- ;a later enactment, should be construed as
Q: What is a spectjal judgment laying down an exception to the gOnel,'IrTIil.dthAt3tetiremen, t4?enefits are exempt from
ANS: It is one w !oh n nly be core pliedWittOy theiju gmeglobnpor because of his execution. The law itself deolafesIblerPiccifitt ShallArOr the withholding of a
personal qualification mstances.ittkis<drie oth r thgti paypept of money or for percentage of the income:or4alary orlhexespondenebstItemployer, which shall be
the sale or deli, ry of Jeal o personal property (Sia v. ArcenagstOR, Nos. 209672-74, automatically remitted:0&'the womp.ivrlotwithstanding othptk laws to the contrary
January 14, 20(5 (Republic v. Yahon, G.R.
;•,
No. 201043Aurk16, 2014). „•
• • t
Q: How shall a special judgment bx,Outeittlg Proceedings wherePropertills Clalmeciliy Third Persons
,s-41v7 Vf3 r
ANS: A certifie co of t e j
, ment ofiblItEip attacb _to thewrit and shall be served Q: If the proper levied upon is claimedf;by a third persorj, whaI are the remedies
upon the parttquired to be „ e same arictIspch '0 y_May elvflighed for contempt available to hup?
if he disobeys s , djddbmen
(\(q:(LESPF
'OF, .OWT R• • le 9, Sec. 101 ANS: The thirdgpersori„plairning a property levied upon has to resort to any of
,s '_,- <"N.
< - the following remeftsi: (STAR) 3j
Effect of LevylThird Persons 1. Summary-91eanng 'before the court which authorized the execution where the
`r
Q: What is the effect of levy op,thi d• court may Commari_dthat the prohrt hrpeffeleased from the mistaken levy and
ANS: The levy shall deVel itiqn'itpf judgqientligee over the right, title and restored to thkTightful owner RI-,
interest of the judgment objgdi-63) such pro erty,atAhikti reOf the levy, subject to liens 2. Terceria or third-party olajtritledWith'iteShOilnifider Section 16 of Rule 39;
and encumbrances then existing RULES10Fi 00101-„Rule 39, Sec. 12). 3. Action for daRkes OrOthe bond posted by judgment obligee filed within 120
days from the datpAthe filing of the bond; or
Properties exempt from Execution 4. Independent Reintiindicatoria action.
Note: The abovementioned remedies are cumulative and may be resorted to
Q: What are the properties exempt from execution? by the third party claimant independently of or separately from and without
ANS: Except as otherwise expressly provided by law, the following property, and no need of availing of the others (Sy v. Discaya, G.R. No. 86301, January 23,
other, shall be exempt from execution: (FOH-CHI-LBS-GALE) 1990).
1. The judgment obligor's Family home as provided by law, or the homestead in
which he resides, and land necessarily used in connection therewith; In Relation to Third Party Claim in Attachment and Replevin
2. Ordinary tools and implements personally used by him in his trade,
Q: What is the remedy of a third person whose property is subject of attachment
employment, or livelihood;
or of the writ of replevin?
3. Three Horses, or three cows, or three carabaos, or other beasts of burden, ANS: In both instances, he may avail of terceria by making an affidavit of his title thereto
such as the judgment obligor may select necessarily used by him in his or his right of possession thereof, stating the grounds of such right or title. The affidavit
ordinary occupation; must be served upon the sheriff and a copy thereof upon the attaching party (RULES
4. His necessary Clothing and articles for ordinary personal use, excluding OF COURT, Rule 57, Sec. 14& Rule 60, Sec. 7).
jewelry;
5. Household furniture and utensils necessary for housekeeping, and used for Rules ofRedemption
that purpose by the judgment obligor and his family, such as the judgment
obligor may select, of a value not exceeding P100,000; Q: Is the right of redemption available to all kinds of property?
ANS: No. The right of redemption is available only to real properties (RULES OF
6. Provisions for Individual or family use sufficient for 4 months;
COURT, Rule 39, Sec. 27).
514 515
Q: If property is sold on execution, who may redeem it? Effect of Judgment or Final Orders
ANS: The following persons may redeem real property sold on execution:
1. The judgment obligor or his successor in interest in the whole or any part of Q: Outline the effects of a judgment or final order under Section 47, Rule 39.
the property; or ANS: The effects of a judgment or final order under Section 47, Rule 39 are the
2. The redemptioner or a creditor having a lien by virtue of an attachment, following:
judgment or mortgage on the property sold, subsequent to the lien under
which the property was sold (RULES OF COURT, Rule 39, Sec. 27). • RULE 39, Sec. 47, Par. (a) •

Q: Within what period may the judgment obligor or redemptioner redeem the Subject Matter of Judgment Corresponding Effect
property from the purchaser?
ANS: He may redeem the property within 1 year from the date of the registration of the If the judgment or final order is on a The same is conclusive upon the title to
certificate of sale. All subsequent redemptioners may redeem within 60 days from the specific thing the thing.
last redemption (RULES OF COURT, Rule 39, Sec. 28). In all cases, the judgment
obligor shall have the entire period of 1 year from the date of the registration of the sale If the judgment or final order is in It is conclusive upon the will or
to redeem the property. If the judgment obligor redeems, no further redemption is respect to the: administration.
allowed and he is restored to his estate (RULES OF COURT, Rule 39, Sec. 29). 1. probate of a will; or Note: But the probate of the will or the
2. the administration of the estate oft ,- ,grant of letters of administration shall only
Q: What is the effect if),1 rklemp ion i ithin 1-year period from the a deceased person 1.,be prima facie evidence of the death of the
registration of the certificate of-sale? f ?:testator or intestate and not a conclusive
ANS: The purchaser sfralf(be bnpled're a co-fiVemce nd possession of the property; ';'presumption of death.
or, if so redeemecliti4ever)0 dayllay,e_elapzed‘-'81-4 hec,redemption has been
made, and notice fteci,f;,,giv.enrad the' time for..reemptionl bias expired, the last e 4I4
redemptioner theiconv anckan9k5ossessior\Ufder the expiration of the If the judgment or final order is in , equdgMept-4DBfinal order is conclusive
right of redempt On, the purchaser or edeMptioner shall be substituted to and acquire all respect to the: r • [I upon the condltroy'`,status or relationship.
the rights, title pter.esfand claim of thRijuggsment_obligor to t 643rOperty as of the time 1. personal, political,o0egal conditjok
of the levy (R ESi oF COT, Ruia.39, Sec.,3p, • or status of a parti4E-iperson; prj,4--`
1,.."••••--1 V
2. his relationship topnothey-4
/- 1:1' 4 1 "grA
Q: Who are er41:71 to t e rentsparrkillgre:,' anincom&of7roperty pending
redemption? 1 RULE 39, Sec. 47, Par. (b)
ANS: The purctia es or a;re,(keeptiogar Oak! no ntitled ,t pceive the rents,
earnings, and iic of th --ploe.krtyVykotf3a he value of the use and Subject Matter of Judgment Corresponding Effect
occupation thereof wheq. su OProty pt ossess on of a tenant. All rents,
earnings, and income ‘ derived frofft- iieN,,propirb"eridind-edempotron shall belong to In other cases, ifithedUdgment is with AThe judgment or final order will be
the judgment obligor untilexpili
Rule 39, Sec. 32).
ati&n-ofil:ITs,i
-Tei-ibd,Dif reaemption1RULES OF COURT, respect to:
1. the matter directly adjudged; or
rconclusive against the parties and their
.4W8Moss: in interest by title subsequent
2. as to any matterAtiat couici.i ppess LPoTifigircifiiiimpncement of the action or
Examination of Judgment 01417 when Judg?ndlatgatisfied been raised in relationther,atO; special proceeding, litigating for the same
4 t—o-
Q: What is the remedy of theludgm. co_ditor when the return of the writ of thing and under the same title and in the
execution shows that the judgment is unsatisfied? same capacity
ANS: The judgment creditor is entitled to an order from the court which rendered the
judgment requiring the judgment debtor to appear and be examined concerning his RULE 39, Sec. 47, Par. (c)
property and income before the court or a commiWoner appointed by it. However, the Subject Maffei:of Judgment Corresponding Effect
judgment obligor cannot be required to appear before a court or commissioner outside
the province or city in which such obligor resides or is found (RULES OF COURT, Rule In any other litigation between the That only is deemed to have been
39, Sec. 36). same parties of their successors in adjudged in a former judgment or final
Examination of the Obligor of Judgment Obligor interest. order which appears upon its face to have
been so adjudged, or which was actually
Q: May the obligor of the judgment obligor be examined when the judgment is and necessarily included therein or
unsatisfied? necessary thereto.
ANS: Yes. Where the return of the writ of execution shows that the judgment is
unsatisfied in whole or in part and upon proof to the satisfaction of the court that a
person, corporation or juridical entity has property of the judgment debtor or is indebted
to the latter the court may order such person, corporation or juridical entity to appear
before the court or commissioner at a time and place within the province or city where
such debtor resides or is found to be examined concerning the same (RULES OF
COURT, Rule 39, Sec. 37).
516 517
 Q: Give the requisites of res judicata.
ANS: The essential requisites of res judicata are: (FJ-MI) IV. PROVISIONAL REMEDIES
1. The former judgment must be Final;
2. The court which rendered it had Jurisdiction over the subject matter and the A. NATURE, PURPOSE, AND JURISDICTION OVER PROVISIONAL REMEDIES
parties;
3. The judgment or order must be on the Merits; and Q: What are provisional remedies?
4. There must be between the first and second action identity of parties, identity ANS: Provisional remedies are temporary, auxiliary, and ancillary remedies available to
of subject matter, and Identity of causes of action (Heirs of Dacanay v. Siapno, a litigant while the main action is pending or until a final disposition of the matter in
Jr., G.R. No. 185169, June 15, 2016). litigation is made. Such remedies are dependent for their application upon the existence
Note: The application of the doctrine of res judicata does not require absolute identity of of a principal action (2 RIANO, Civil Procedure: The Bar Lecture Series (2016) p. 1
parties but merely substantial identity of parties. There is substantial identity of parties [hereinafter referred to as 2 RIANO, Civil Procedure]).
when there is community of interest or privity of interest between a party in the first and
a party in the second case even if the first case did not implead the latter (Id.). Nature of Provisional Remedies

Q: What are the two aspects of res judicata? Q: What is the nature of provisional remedies?
ANS: The two aspects of res ANS: These remedies are provisional ,because they constitute temporary measures
1. Bar by former judgment (RUES 0(=OU T, Rule 39, Sec. 47, Par. (b))— availed of during the pendency of thfltiain action and are ancillary because they are
The judgment c,r4ecrge of a,,,291u coppp eft jurisdiction on the merits merely incidents and are dependent4Onre result of the main action (Id.)
concludes th945afile*si anc eir.privies t,othe litigatiorond constitutes a bar to
a new actiolt,4or sot). i d ving the same cdUsekif action either before the same Q: What is the purpose of provisionefiiedies?
or any other tritiyhal, ANS: Provisional remedies are,rlesoltlia:,. :ift4 gan7tsi.: :az or a combination of the
2. Conclupiypci of Judgrrrnt(qULq,, OF:COUB, Rule 39, Sec. 47, Par. following reasons: •-
(c))— Any righ , fac , or mbiterPtri issue dirVtlyNctjudicated or necessarily 1. To preserve or protect their rights or interests while th„„e main action is pending;
involve in thie determination ora'rkection befqre a ci)l q:rete t court in which a 2. To secure theijUdgnnent;
judgficien decreis render4on the merits is counclusly ly settled by the 3. To preserve the,status quo;.or'
judgpent-therein and cPtiOra9ein-:b'eftitigatid between thp parties and their 4. To preservethe dUbjectmatter ophe action (2 RIANO, supra at 2).
.1!".
privies24,1e lter the laim torOpMpry;14urpose, or gibjectj matter of the two :•
.11 Jurisdiction over Provisional Remedies
suits tig•-the not (Paklenfial BanK au icio, .R. No. 183350,
Janua n•f's
Q: Which coilifhas jtirisdIptionloArantOr issue i-1,r;CViSligrici-10
-71
,edy?
ANS: The coda whichiat,, jurisdiction Rer the mairittaaionWcan grant or issue a
Enforcement andEffect f Fo e 4I, Judgmeritior lhal Orders
provisional reme`elmInferiOrourts have ttie power to grant provisional remedies (B.P.
.
Q: How may foreign judgment tvetLeffckn the Philippi es? Blg. 129, Sec. 33).
• -. 'KM,"
ANS: There are two ays e6Cf44Yo iijudwent:
— -
1. An ordinary agiollotbrp orce119221.grpjudorcie,rf
1 May be filed in court; or B. PRELIMINARY ATTACI-/MENT(RULE571_
2. It may be pleaded19 a-h ankw r tirtio:poTo dismiss (1 HERRERA,
Remedial Law I (04, 531(ye fter-/ ERRERA, Remedial Law]). Q: What is preliminarimttachrn —ent?
Note: In both instances, the juddrrient.may.be.repel ed byevidence of: (JN-CFC) ANS: It is a provisional rernady.by which the property of an adverse party is taken into
1. Want of Jurisdiction; legal custody, either at the Commencement of an action or at any time thereafter, as a
2. Want of Notice; security for the satisfaction of any judgment that may be recovered by the plaintiff or any
3. Collusion; proper party (Northern Islands Company, Inc. v. Spouses Garcia, G.R. No. 203240,
4. Fraud; or March 18, 2015). The attachment is preliminary only when resorted to before the finality
5. Clear mistake of law or fact (RULES OF COURT, Rule 39, Sec. 48). of the judgment to secure the property of the adverse party and to prevent its dissipation
•
(2 RIANO, supra at 11).
Q: State the effects of foreign Judgments.
ANS: Foreign judgments shall have the following effects: Grounds for Issuance of a Writ of Attachment
1. In case of judgment or final order upon a specific thing, it shall be conclusive Q: State the grounds upon which attachment may issue.
upon the title to the thing; or ANS: They are the following: (REPO-GReS)
2. In case of a judgment or final order against a person, it is presumptive 1. In actions for Recovery of a specified sum of money or damages, except moral
evidence of a right as between the parties and their successors in interest by and exemplary, on a cause of action arising from law, contract, quasi-contract,
a subsequent title (RULES OF COURT, Rule 39, Sec. 48). delict or quasi-delict against a party about to depart from the Philippines with
intent to defraud his creditors;
 2. In actions for money or property Embezzled or fraudulently misapplied or Q: What should the affidavit contain?
converted to his own use by a public officer, or an officer of a corporation, or ANS: It must state that: (CC-NOSS-A)
an attorney, factor, broker, agent or clerk, in the course of his employment as 1. A sufficient Cause of action exists;
such, or by any other person in a fiduciary capacity, or for a willful violation of 2. The Case is one of those mentioned in Section 1 of Rule 57;
duty; 3. There is No Other Sufficient Security for the claim sought to be enforced by
3. In actions to recover the Possession of property unjustly or fraudulently taken, the action; and
detained, or converted when the property or part thereof, has been concealed, 4. The Amount due to the applicant, or the value of the property the possession
removed or disposed of to prevent its being found by the applicant or an of which he is entitled to recover, is as much as the sum for which, the other is
authorized person; granted above all legal counterclaims (RULES OF COURT, Rule 57, Sec. 3).
4. In actions against a person Guilty of fraud in contracting the debt
(dolocausante) or incurring or performing an obligation upon which the action Q: What shall be the basis of the applicant's bond?
is based (dolo incidente); ANS: The applicant must give a bond executed to the adverse party in the amount fixed
5. In actions against a party who has Removed or disposed of his property, or is by the court in the order granting the issuance of the writ, conditioned that the latter will
about to do so, with intent to defraud his creditors; pay all the costs which may be adjudged to the adverse party and all damages which he
6. In actions against non-residents not found in the Philippines, or on whom may sustain because of the attachment should the court finally rule that he was not
Summons may be served b „„publication (RULES OF COURT, Rule 57, Sec. entitled thereto (RULES OF COURT, Rule,757, Sec. 4).
1).
Rule on Prior or Contemporaneous3SerYice of Summons
Requisites
Q: What is the rule on prior or c2ntery;i0;9neous service of summons?
Q: What are the reams tes,ttere° i'
ssi.;;;;;)1tt,gt relimitiary attachment? ANS: The rule requires that levy on ojopOSi.:ptauppt to theet thus issued may not be
ANS: The requisites.fo eitstuance of aVilt of raimina attactment are: (PMAB) validly effected unless preceded,'...Or confarribbrangOuslyaceorppanied, by service on the
1. The case/ft' e any of those Where, relimi4ary\gehtnent is Proper; defendant of: (SCABO)
2. The applican must
i a MotionAether ex pqrte oneviithritice and hearing; 1. Summons;
3. The applicant must phow-by-Affige‘At-that-therie is noeufficient security for the •
2. A Copy of thel9,orpplaint (arfd ofte appointment of gUardian ad litem, if any);
clainilsogh • to be ‘nfor,ced-ar4ithatiharrtount claimed' the action is as 3. The ApplicatforifsrAtachment (Knot incorporated bUt submitted separately
mud) as the sum of Vhictilia.orderls-plante51 above ;II counterclaims; from the complaint);..
4. The ppptca t rgusqpkost a B67iTTejecuted he a iers Party (RULES OF 4. The plaintiffs attachment Bond; acid
COURT, 5. The;!Order of attachment. Rdl
, Note: The failure to abquiraOrisdiction overlthe persor04 heaciVerIsa•party shall render
Issuance and Contents:of thetorderiifAttaehinentMffida it and Bond lat,t
the ImplementatiRp ofrthplwrit vokfir(Davap Light & POwera;Co.,,- Inc. tr. CA G.R. No.
I 49#;;;;---7 93262, December729;r1:991A 47 1
Q: Which courts way issue an ?rc,1,
ert.2sbmept?
ANS: The followinkurts may isk_ue(ari rc:lkotrajtac ent:
1. The court thebc *-6-ri=i ending. Q: Is the rule on contemppraneous servic.§:of,04mmons absolute?
2. The CA; or 19/1 ANS: No. The following arethe exceptionLIAbNijq:.:g;'-'24
-\\1\1 1*?
; 1. The summonkcould not be served despite Diligent efforts;
3. The SC (RULES OF4y r tM2 A 0.o --
2. The defendariflis, a resident of the Philippines and is temporarily Out of the
country; 4-A-• • . a
Q: How may the writ be issued?
ANS: The writ of preliminary attachment may be issued: 3. The defendant is a Non-resident; or
1. By motion and notice of hearing by the court in which the action is pending and 4. The action is In rem or quasi in rem (RULES OF COURT, Rule 57, Sec. 5).
may even be issued by the CA or the SC (RULES OF COURT, Rule 57, Sec.
2). Manner of Attaching Real and Personal Property: When Property Attached is
2. Ex parte and even before summons is served upon the defendant. However, Claimed by Third Persons
the writ may not be enforced and may not validly effected unless preceded, or
Q: Give an outline on the manner of attaching real and personal properties.
contemporaneously accompanied, by service of summons, a copy of the
ANS: The sheriff shall without delay and with all reasonable diligence attach to await
complaint, the application for attachment, the order of attachment and the judgment and execution in the action only so much of the property in the Philippines of
attachment bond (Davao Light & Power Co., Inc. v. CA, G.R. No. 93262, the party against whom it is issued which are not exempt from execution, sufficient to
December 29, 1991). satisfy the applicant's demand (RULES OF COURT, Rule 57, Sec. 5).
Q: State the contents of the order of attachment.
ANS: The order must require the sheriff of the court to attach so much of the property in
the Philippines of the party against whom it issued, not exempt from execution, as may
be sufficient to satisfy the applicant's demand, the amount of which must be stated in
the order (RULES OF COURT, Rule 57, Sec. 2).

520 521
The manner of attaching real and personal properties is thus as follows: 2. Give a counter-bond executed in favor of the applicant, in an amount equal to
the bond posted by the latter to secure the attachment or in an amount equal
Property to be Attached .• . Manner of Attachipb . to the value of the property to be attached, exclusive of costs (RULES OF
' COURT, Rule 57, Sec. 5).
Real property, growing crops, or A copy of the order shall be:
any interest therein 1. Filed with the registry of deeds along with a Discharge and the Counter-Bond
description of the property attached; and
2. Leaving a copy of such with the occupant of Q: What is the remedy of the defendant if the attachment has already been
the property if any, or with such other enforced?
person or his agent if found within the ANS: If the attachment has already been enforced:
province 1. The defendant may, upon motion, ask for the discharge of the property in
whole or in part. After due notice and hearing, the court shall discharge the
By taking and safely keeping it in his custody settlement if the movant makes a cash deposit or files a counter-bond in the
Personal property capable of
after issuing the corresponding receipt therefor amount set by the court equal to that fixed by the court in the order of
manual delivery
attachment, exclusive of costs (RULES OF COURT, Rule 57, Sec. 12).
As to stocks or shares or an By leaving with the president or managing 2. Discharge may also be had without the need for filing a counter-bond on
interest therein age o he.ompany: motion based on the following,X?;unds: (IBA-EJE)
11 A oF of tITOwEjt; and a. The attachment waslipipperly or irregularly issued or enforced;
2!••••A notic slatirig Mkt the stock or interest is b. The Bond of the attaching is insufficient;
ed,in pUptAiltoksuch writ c. The Attachment ipleX0Aiiipiand must be discharged as to the excess;
d. The property is -Ex -fr* execution and thus also exempt from
..,,e , ---...— 'N 46"), N attachment
Debts and credit' -Ciali g: Thyleaving wiNhetpersAtojwing ,,,
such debts or
-q e. The court hasfrenderedaNildgeelitagaiKatlhe attaching party; and
1. Bank deposits, pin RossWsion die cdQtroj-s oti credits or other
2. Financial ?rest; petsbnal):troperty, or his agenk f. Ex pattedischarge is, no proper (RULES OF COURT, Rule 57, Sec.
3. Royalties; ," : opy of the Writ; ,c1...1 i1 13).
• t.
4. Commissins n 2. bticath , t such proplayties4a[e attached
5. Other petiorqt prope ti 4 \ ;1!:., s_--
*.'''"'
nots- \, Satisfaction of Judgment out of Property Attached
•
capable oi Reitl depeify, s, .,., _. .-,--, H 1 Q: How can the: udgment be'satisfied ogof the property attached?
I ...c,. 4,. . . i ./
Interest of tide arty ag 1 st py Drig a cop of thepktrittoithe executor or
. ,# ANS: It may lteatisfiedr..
1. By pOngio'the'judgment obligee the probeed*(o01[,s-Ales, of perishable or
whom attachirefir ids iss ek, k 4,4 Inistato, 6aLa he office of4the clerk of court other Property,Solc(jn purayanceq the order ofthe1court, or so much as shall
the estate of the,i. decedent 3' rwb re '043 is beingbein settled
g settled be neceiWy46; satisfy the fudgOnt;
•A. — 7%,..
if 2. If any balance remains due, b''Y7 selling so much of the property, real or
lk-
Property in custoc\. 'a legis ,v---'Ma, --Tj th . w rt1 sha..
1-:-- fRyNo ll be. filed with the personal, as :xnay,Aie necessary balance, if enough for that
pt orf 1 toi ,t47auhtsenjutd ici al agency; and
9n :2"...Notr- served upon the purpose remain:' in the sligriffshatiiiCotinIttiose,of the clerk of the court;
3. By collecting tipm all,persons having in their possession credits belonging to
(1 -11 .N9ftgkn*:9V`Plf°PertY the judgment bbligorOrbwing debts to the latter at the time of the attachment
(RULES OF COURT, Rule 57, S ) of such credits dr7sdebts, the amount of such credits and debts as determined
by the court in the action, and stated in the judgment, and paying the proceeds
Q: Enumerate the remedies available to a third party claiming the property of such collection over to the judgment obligee.
attached. Note: The sheriff shall forthwith make a return in writing to the court of his proceedings
ANS: The third party may resort to any of the following remedies which are cumulative under this section and furnish the parties with copies thereof (RULES OF COURT, Rule
and thus could be resorted independently and separately from the others: (TIM) 57, Sec. 15).
1. He may avail of the remedy of Terceria or third-party claim (RULES OF
Q: Does a compromise agreement discharge the preliminary attachment?
COURT, Rule 57, Sec. 14); ANS: No. If debt remains unpaid, the attachment should continue to subsist
2. He may file an Independent action to recover his property (accion
notwithstanding a compromise agreement entered into and approved by the RTC (Lim
reinvindicatoria); or
v. Spouses Lazar, G.R. No. 185734, July 3, 2013).
3. He may file a Motion for intervention (RULES OF COURT, Rule 19).
C. PRELIMINARY INJUNCTION (RULE 58)
Q: How may a defendant prevent the attachment of his property?
ANS: If the attachment has not yet been effected, the defendant whose property is Definitions and Differences: Preliminary Injunction and Temporary Restraining
sought to be attached may: Order
1. Deposit with the court from which the writ was issued an amount equal to the Q: Distinguish between preliminary Injunction and temporary restraining order.
value of the bond fixed by the court in the order of attachment or an amount ANS: The following are the distinctions:
equal to the value of the property to be attached, exclusive of costs;

522 523
 Preliminary Injunction . • :,-.Teirin.orary•Rdi.ti•aining 2. Preliminary Mandatory Injunction — an order prior to judgment or final order,
• . . requiring the performance of a particular act or acts. In mandatory injunction,
As to Nature • -•
the act has already been performed and has violated the rights of the applicant
Ancillary or preventive remedy where a court Issued to preserve the status quo and the order seeks to restore the status quo prior to such violation (RULES
requires a person or a party or even a court or until the hearing of the application OF COURT, Rule 58, Sec. 1).
tribunal to either refrain from or to perform for preliminary injunction (RULES
When Writ may be Issued
particular acts during the pendency of an OF COURT, Rule 57, Sec. 5).
action (RULES OF COURT, Rule 58, Sec. 1). Q: When may the writ of preliminary injunction be issued?
ANS: It may be issued at any stage prior to the judgment or final order (RULES OF
As to Requirement of Heiring
COURT, Rule 58, Sec. 1).
Cannot be granted without hearing (RULES May be granted ex parte if great
OF COURT, Rule 58, Sec. 5). or irreparable injury would result Grounds for Issuance of Preliminary Injunction
to the applicant before the matter
Q: State the grounds for the issuance of preliminary injunction.
can be heard on notice (RULES ANS: The grounds are the following: (EnCoD)
OF COURT, Rule 57, Sec. 5). 1. Applicant is Entitled to the reljef.,demanded; or
. As to its Effect vjty 2. Commission, continuance,g,ti.n4performance of the act complained of would
work injustice to the appliOntOtik
r ••"'"',for a period of 20 days if 3. Party, court, agency or 00.0ppAdoing, threatening, or is attempting to Do,
Effective during th endericvfo,thrTdtion4=,
involved. Its purns ,L,9,tiii,pjeServe the status issued,.,b011e RTC; 60 days if or is procuring or suffering tot6.,4,6ipe, some act or acts probably in violation of
quo of the ma usubjecl pfrthe actibp to -191.iecrta the"CA; , and until lifted, the rights of the applicant te...4peptmgan:Opybject,O:bthe action or proceeding,
- tjie pfaintiffTduring the? if issued ,b1-thk SC (RULES OF
protect the rig tg,,qD and tending to render'he ,.„ jilagYngii?Iii6ffeCtINWUEE. S OF COURT, Rule 58,
pendency of the SO (Dupgog v CoVet of COVRT) ule 5)7;=1/4 Sec. 5). Sec. 3). ,:•,-1,"$ • -1
' t
Appeals, G.R. 9.5 ;139767, (9uoust5,1043):,._____
Grounds for Objection,to, or for the DIss'olutIon of Injunctibr•orRestraining Order
W0
Q: What is the nNure of a siatus quo order? Q: What are their gioundi, for the dissolution
.- or objection to a preliminary
ANS: A statu quctRrfler qsitne whichls''6Eitely intsiVdito viaintair) the last, actual, injunction? 4;;;;0'' .;
peaceable an ui rIonlesteOkardtitrgs Oil-ch—pTcqped he..Finitroversy. Unlike a ANS: They aff07„,
temporary restriiiiing'Okder\oaArplimittp linjOncyoreaistaftis quo\oider is more in the 1. Insuffidencyr -:l-`i' '''',,,
nature of a cease and desist'ocderNnoe t nest eCdir/ebts the doingfor undoing of acts 2. By other ,grounds.4on affidavitspithe party or persbalonjoined, which may be
as in the case otierohibitoR oNnaad'atoajpjtj, 4tive' f(Oca v Custorlio, G.R. No. Wa
opposedpplicant also byAffidavits; or
v relie 3. When injunction would cause irreparable, damage to the person enjoined while
174996, December , 2014) / S'7 .\- c \. )
s---...-lEN-t},1-- the applicantippn,b0fully comp9y0inovuch damages as he may suffer;
Requisites , ›,,,,, provided, th9:41efendantzitliesFIdl-NoriOdonditioned that he will pay all the
i; 7 .,A,writ o reliminary injunction?
Q: What are the requisites42 44 issuanpbolq damages which• the applicant may suffer (RULES OF COURT, Rule 58, Sec.
6).
ANS: The requisites are: (A122131)k„,,,,,, 1V1i
,,,t,
1. There must be a verified Application; Duration of TRO
2. The applicant must establish that he has a Right to relief or a right to be
protected and that the act against which the injunction is sought violates such Q: What is the lifetime of a TRO issued by the RTC?
right; ANS: The lifetime of a TRO is as follows:
3. The applicant must establish that there is a need to Restrain the commission 1. If it is shown that the applicant would suffer great and irreparable injury before
or continuance of the acts complained of and if not enjoined would work the application for the writ of injunction can be heard, the court may issue a
injustice to him; TRO ex parte which shall be effective for a period not exceeding 20 days from
4. A Bond must be posted, unless otherwise exempted by the court; service to the party sought to be enjoined;
5. The threatened injury must be Incapable of pecuniary estimation (RULES OF 2. If the matter is of extreme urgency and the applicant will suffer grave injustice
COURT, Rule 58, Sec. 5). and irreparable injury, the executive judge of a multi-sala court or the presiding
judge of a single-sala court may issue a TRO effective for only 72 hours from
Kinds of Injunction issuance. Within such period the judge shall conduct a summary hearing to
determine if the TRO can be extended to 20 days. The 72 hours shall be
Q: What are the kinds of injunction? included in the maximum 20-day period (RULES OF COURT, Rule 58, Sec.
ANS: They are: 5).
1. Preliminary Prohibitory Injunction — an order prior to judgment or final
order, requiring a party, court, agency or person to refrain from a particular act
or acts. The purpose is to preserve the status quo by preventing the enjoined
act from being performed.

524 525
 g,:q4i,c6

Q: What is the lifetime of a TRO issued by the CA or a member thereof? 1. Applicant has an Interest in the property or fund subject of the proceeding and
ANS: If a TRO is issued by the CA or any of its members, it shall be effective for 60days such property is in danger of being lost, removed or materially injured unless a
from notice to the party to be enjoined (RULES OF COURT, Rule 58, Sec. 5). receiver is appointed;
2. In Foreclosure of mortgage, when the property is in danger of being wasted or
Q: What is the lifetime of a TRO Issued by the SC? dissipated or materially injured, and that its value is probably insufficient to
ANS: If a TRO is issued by the Supreme Court or any of its members it shall be discharge the mortgage debt or that it has been agreed upon by the parties;
effective until further orders (RULES OF COURT, Rule 58, Sec. 5). 3. After judgment, to preserve the property during the pendency of an Appeal or
to dispose of it according to the judgment or to aid execution; or
In Relation to R.A. 8975. Ban on Issuance of TRO or Writ of Injunction in Cases 4. When appointment of receiver is the most Convenient and feasible means of
Involving Government Infrastructure Projects preserving, administering or disposing of the property in litigation (RULES OF
COURT, Rule 59, Sec. 1).
Q: May injunction be issued by the RTC to stop infrastructure projects of the
government? Requisites
ANS: No. R.A. No. 8975 (An Act to Ensure the Expeditious Implementation and
Completion of Government Infrastructure Projects by Prohibiting Lower Courts from Q: What are the requisites in the application for receivership?
Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory ANS: They are: (VESBS)
Injunctions, Providing PenaltiVorVir birrfereoLand for other purposes) provides 1. There must be a Verified appliwtion;
that no court except the .Suprem Court hall 'Ste aprEF&O or preliminary injunction or 2. That the party applying for receivership has an Existing interest in the property
preliminary mandatoryns jnjprictio agai t- het go'vemrTenf‘st any of its subdivisions, in litigation;
3. The case must be any one :"'---.:of
4: ihos
,I,'.r'1--i,..f
I9.'4
'I'.(5Siated under Rule 59, Sec. 1;
officials or any persop;Or anti heiTei- publinip ivgtelctog under the government
direction, to restrall(propi)it com _el.the-follawiag acts: (43C-11,Q) 4. The posting of a Bond bith440 t (RULES OF,JCOURT, Rule 59, Sec. 2);
1. Acquisiti6peVan9re and devefopmgrirof\tIleSig tA3f1/4way and/or site or 5. Receiver must be Sworn ofipe his duties and file a bond
locatiloW/governmentrirojA 7..• (RULES OF COURT" Rule 59 Sec 4). `, ,
N Pi
2. Biddirig or awrding of 1 a contract`/project of the natioQal government; ,,,
3. dom encen3ent, p osecutionr-eXecutien-i4lementation, operation of any Requirements Beforelisuance of an'Ord erAp :Oa/ting a Receiver
:7 'PI: :
10,....4 t
such prifijci or proipct;-- !.11 .,,:-_,, i Q: State the requirements before the ourt m issue o an order appointing af
4. Ter natigifor rescission 9:,,f any stiCh,dontract/projectivs1 receiver. k„5 , ,
5. The ncktiking-oflk , P
-Nuthonlatioh.
1 ,of-`any
or
, Ot er-lawful activ'ty necessary for ANS: The requirements, are the following: A
such pontIct °OD\ rof,ct. ,-,,, , /j '-r% /A--,=-4 1. Beftg*issuing- an, ordet, the couittshall requir,ethp4pplicant,to file a bond in
Note: Any TR°,,(ple iinalf Tit,.inctionrandf.pr'elirnine .,:hiandatory,ironction
. issued in favor of the adverse party-in an amountfixed*(130i3gr;t4d;the effect that the
violation of the ove p otl\libitioNs
, II iieiv 'idYR:8975, Sec. 3).. applicant will pay such party all 'damages he magsustain by reason of the
1---:.
appointment-of thesi receiverin rpse the appointment was procured without
Q: Is the prohibition absolyle?' cr,
ANS: No. This proqbition shalhno.ki) L w the alter 's of extreme urgency
sufficient cause. uf,..,
-„,
2. The court may,, in., its discretionar4ernYerne
, after the appointment, require
involving a constitutionkis4dnakch4hat uniess,*temporaryjestraining order is issued, additional bond- as further, secUritiPloffsuch 'damages (RULES OF COURT
grave injustice and irrepargre !Wry will a is ,...-tT `e apid 'cant shall file a bond, in an Rule 59, Sec.".2).
amount to be fixed by the cart, R.A. No. 18 1 Se
General Powers of a Receiver-
D. RECEIVERSHIP (RULE 59)
Q: State the general powers of a receiver.
Q: Who Is a receiver? ANS: Subject to the control of the court in which the action or proceeding is pending, a
ANS: A receiver is a representative of the court appointed for preserving and conserving receiver shall have the power to: (BTRC2 - MPD2I)
the property in litigation and preventing its possible destruction or dissipation if it were 1. Bring and defend, in such capacity, actions in his own name;
left in the possession of any of the parties (Arranza v. B.F. Homes, Inc., G.R. No. 2. Take and keep possession of the property in controversy;
131683, June 19, 2000). 3. Receive rents;
4. Collect debts due to himself as receiver or to the fund, property, estate,
Cases when a Receiver maybe Appointed person, or corporation of which he is the receiver;
5. Compound for and compromise the same;
Q: When may a receiver be appointed? 6. Make transfers;
ANS: Receivers over property, real or personal, may be appointed during the pendency 7. Pay outstanding debts;
of the action (RULES OF COURT, Rule 59, Sec. 1). 8. Divide the money and other property that shall remain among the persons
legally entitled to receive the same;
Q: In what cases may a receiver be appointed? 9. Generally, to Do such acts respecting the property as the court may authorize;
ANS: Upon a verified application, one or more receivers of property which is the subject and
of the action may be appointed by the court where the action is pending or by the CA or 10. Invest funds in his hands, only by order of the court upon the written consent
SC or a member thereof in the following cases: (IFAC) of all the parties (RULES OF COURT, Rule 59, Sec. 6).

526 527
 Two (2) Kinds of Bonds 2. The application must contain an affidavit containing the matters enumerated
under Section 2 of Rule 60; and
Q: What are the two bonds posted in cases of the appointment of a receiver? 3. The applicant must give a bond, executed to the adverse party and double the
ANS: They are the following: value of the property (RULES OF COURT, Rule 60, Sec. 2).
1. The first bond is executed by the applicant for receivership in favor of the
adverse party in order to answer for any damages that the latter may suffer in Affidavit and Bond: Redelivery Bond
case the receivership is found to have been procured without sufficient cause
(RULES OF COURT, Rule 59, Sec. 2). Q: What are the contents of the affidavit?
2. The second bond is executed by the receiver himself in favor of such person ANS: The applicant must show by his affidavit or of some other person who personally
and in such sum as the court may direct, to the effect that he will faithfully knows the facts: (ODDA)
discharge his duties in the action or proceeding and that obey the orders of the 1. That the applicant is the Owner of the property claimed or entitled to the
court (RULES OF COURT, Rule 59, Sec. 4). possession thereof;
2. That the property is wrongfully Detained by the adverse party;
Termination of Receivership 3. That the property has not been Distrained or taken for a tax assessment or a
fine pursuant to law or seized under a writ of execution or preliminary
Q: When shall receivership be terminated? attachment or is otherwise is in custodia legis, or if so seized, that it is exempt
ANS: When the court: from such seizure or custody;„art
1. Shall have determinid.that necessity a<eceiver no longer exists (RULES 4. The Actual market value .Ithe)Oroperty (RULES OF COURT, Rule 60, Sec.
OF COURT, Rule%59, gAc. 8); 2).
2. Is of the Virairtliaj ite,receivershiph *,.jtktified by the facts and
circumstair<Oe a" (Sanson v. A neta, Gaga No. L-43482, July 28, Q: How much is the bond requiredpll.tgjven by the applicant?
1937); or ANS: The bond must be in double th0_08q742t,the, property„ as stated in the affidavit
3. Is conviciceedAta the power ar4buspd (Duque v..0 of Manila, G.R. No. L- (RULES OF COURT, Rule 60, ,Sec. A
18359111.4'kl7/26, 1965). ' 7A
Q: What is a redelivery bond?
/ /
ANS: To recover possession of the personal property whicp wap taken under a writ of
Q: What shall pie-court do liefore-the-termination-o receivership
ANS: The cou shall s ettle the a counts* the7eceiver, direc riel4e~y of the funds or replevin, the defendanVi4m01 (1),,poit a redelivery bond; ,a,ndf,(2kserve a copy of such
property in hi poos,~s ssion to the‘joerCh_adjildged /entitled fi3ezet , and order the bond on the applicant: BOtiKequireme4are mandatory (Yiang4, v. Valdez G.R. No.
. :- ,. ,.
discharge of thele_eitter RUPES OF CTUR:ITDRule 59, Sec. 8) 73317, August 3:1; '
k .tr.. .• P CO
E REPLEVIN (Rtilkg 6 6 Sheriffs Duty
Dutyin
inthe Implementation of the Writ WhenProperty &Claimed by Third
h'-c4 -.„.,,,.-. -
Party „ -- ..f, ,:74: *4 ---.42:41- 4:', ' •
Q: Give the concept of seple r7a. ,,.
ANS: Replevin, 'bioadly'unders/dbd arm ofiprincipa'(remedy and of a Q: What are the diatjeS:Of the sheriff in t implementation of the writ of Replevin?
provisional relief. It refer eithe eiackiqkiiielliAte., to regain the possession of ANS: The duties are,asfollovis: (STDS) ,.x,3 /4,,:
personal chattels bei g wr 9 fully ifial—fro-D,the ri)aiprby another, or to the 1. Serve a copi,iOf.fh6brder togetfidqiiith,la:qopy of the application, affidavit and
provisional remedy that o Ist4,119plielolaintiftl.fteitnn ing during the pendency 2. bond tohethperoapd,e
Y4y
ers,eifpitap
et
of the action and hold it pendzitOte. TWACtiorysIprimahly possessory in nature and he
"pc:S::SiO'
a n':of_ adverse party, or his agent,
generally determines nothing more.than the igholpossession (PCI Leasing & Finance, and retain it in"'hiS'cuaody•
Inc v. Spouses Dai, G.R. No. 148980, Sep 21, 2007). 3. Demand deliverrethe property if the property is concealed in a building or
enclosure, and if it be not delivered, cause the building or enclosure to be
Q: What is the subject matter of a replevin? broken open and take the property into his possession; and
ANS: The subject matter of a replevin is personal property (RULES OF COURT, Rule 4. After taking possession, keep the property in a Secure place and shall be
60, Sec. 1). It cannot be incorporeal property (ALBANO, Reviewer, supra at 608). responsible for its delivery to the party entitled thereto (RULES OF COURT,
Rule 60, Sec. 4).
When may a Writ of Replevin be Issued
Q: How shall the sheriff implement the writ of replevin?
Q: When may a party claiming the recovery of possession of personal property ANS: The property shall be delivered to the applicant if, within 5 days after the taking of
apply for an order for the delivery of such property to him? the property by the sheriff:
ANS: He may do so at the commencement of the action or at any time before an 1. The adverse party does not object to the sufficiency of the bond or of the
answer (RULES OF COURT, Rule 60, Sec. 1). surety or sureties thereon; or
2. The adverse party so objects and the court affirms its approval of the
Requisites applicant's bond or approves a new bond; or
3. The adverse party requires the return of the property but his bond is objected
Q: State the requisites for the issuance of a writ of replevin.
to and found insufficient and he does not forthwith file an approved bond.
ANS: They are: Note: If for any reason, the property is not delivered to the applicant, the sheriff must
1. The filing of an application for writ of replevin at the commencement of the
return it to the adverse party (RULES OF COURT, Rule 60, Sec. 6).
action or at any time before the defendant answers (RULES OF COURT, Rule
60, Sec. 1);
528 529
 *•,?

Q: What is the effect if a third person claims title to the property taken by the A. JURISDICTION AND VENUE
sheriff?
ANS: When a third-party claimant makes an affidavit of his title to the property or his Q: Which court has jurisdiction over special civil actions?
right to the possession thereof, and serves such affidavit to the sheriff and a copy ANS: The rules on jurisdiction are the following:
thereof to the attaching party, the sheriff shall not be bound to keep the property under
replevin unless the applicant files a bond approved by the court to indemnify the third- Court with Jurisdiction • Special Civil Action
party claimant in a sum not less than the value of the property levied upon as provided
Inferior Courts 1. Interpleader, provided the amount involved is within
in section 2. Claim for damages for the taking or keeping the property must be filed its jurisdiction (1 RIANO, Civil Procedure, supra at
within 120 days from filing of the bond (RULES OF COURT, Rule 60, Sec. 7).
135);
2. Ejectment suits (Sec. 33(2), B.P. 129, as amended);
and
3. Contempt.
Nature ofSpecial Civil/Actions RTC 1. Petition for declaratory relief (1 RIANO, Civil
Q: What is a special civil action? Procedure, supra at 149);
2. Complaints for expropriation (1 RIANO, Civil
ANS: It is an action which has .spetigl ea ures no found in ordinary civil actions. It is
governed by specific rules, ith t. a ordina rulesIo beaplied suppletorily (RULES OF Procedike, supra at 292);
COURT, Rule 1, Sec. 3 3. CoriiPlAtits for foreclosure of real estate mortgage,
41 17 ,44\
iprkVideQhe amount involved is within its jurisdiction
Ordinary Civi/ActionkiiersusiSpecialavilActione (Garrido;' 11Nonato, G.R. No. 176492, October 20,
064)j i924 ,!.'.7 %,, , :41;
Q: Distinguish oidifiarypviliactionp, from special c vil actions. 4,.- Comptei tefbCpaqtiouprovided the amount
The differences fer the followiri'—• '"%. •nvol'edHs '
. within• its
•` jurisdiction (Barrido v. Nonato,
\( fr^, 41
supra)
Jr..4 ,d,
Ordinary Civil Actions I • . Special Civil Actions IK r.3'
•
As to Governing Rulep • RTC, CA, SC , -'• s,Eetitions for •. certiorari, prohibitibn, and mandamus
Sandiganbayano ; -° ,,o3uLEs Off,COURT, Rule 65 Sec ;,4).
°Verified byilles rules
A
411
ordinary civil ' ••• Note:, These; petitions, when relating to election cases
mac
4 tionrsubleck.
• ••.. V spepirp4rules prescribed tii4, from the ,R,,. ip or MT,Cfr,mai_also Ibp., filed with the
• I erTkules:04p
•
71/ N . comgLEgtOri aid of 16.W.klIkietriP`aiction (RULES
As to Existence of.Cause'of Action, • ••• .' OF'opURT,1:1,Rule 65, Sen)f6 -2i'' 4 ::'''
4 IV
,r- b,Z;0,11e@pt o a cause of action does not RTC, CA, SC s- Petition for,,:quo warranto(RULES OF COURT, Rule 66,
::.larydys-?-fidt;',In a specie civil action, (e.g., ,Sec. 7). Ftik A
5-7-7A,
13Vir.5. -rtn.
,,
.minterplea • rand j gcleiratory relief). Note:rA,peiltibat°rSquo.gwarranto under the Omnibus
As to Venue z,.Election
., t•. Code must be brought in:
• ia. COMELEC if against a regional, provincial, or city
The venue is determined by either T. ,'`° officer;
This is not necessarily true, generally, in b. RTC if against a municipal officer; or
the residence of the parties or the special civil actions, (e.g., venue in a petition •
location of the property. c. MTC if against a barangay officer (B.P. Big. 881,
for quo warranto is where the SC or CA sits).
Sec. 253).
As Where the Action be, Filed . ' •• • •
Q: What rule governs the venue of special civil actions?
It may be filed initially either in the There are special civil actions which can only ANS: The venue of special civil actions is governed by the general rules on venue,
MTC or the RTC. be filed in the MTC, (e.g., forcible entry and except as otherwise indicated in the particular rule for the said special civil action (1
unlawful detainer), and there are also those REGALADO, Remedial Law, supra at 770).
which cannot be commenced in the MTC,
(e.g., certiorari, prohibition, and mandamus). B. INTERPLEADER (RULE 62)
As to How the Action Initiated • Q: What is an interpleader?
ANS: An interpleader is a remedy whereby a person, who has property in his
It is commenced by the filing of a It may be commenced by the filing of a possession or an obligation to perform, either wholly or partially, but who claims no
complaint. complaint or petition. interest in the subject, or whose interest, in whole or in part, is not disputed by others,
goes to court and asks that conflicting claimants to the property or obligation be required
(1 RIANO, Civil Procedure, supra at 122-126). to litigate among themselves in order to determine finally who is entitled to the same
(Ocampo v. Tirona, G.R. No.147812, April 6, 2005).

530 531
 Requisites forInterpleader Q: When can a petition for declaratory relief be treated as a petition for
Q: State the requisites for an interpleader to prosper. prohibition?
ANS: They are: (TSAI) ANS: There are precedents for treating a petition for declaratory relief as one for
1. There must be Two or more claimants with adverse of conflicting interests; prohibition, if the case has far-reaching implications and raises questions that need to
2. The conflicting claims involve the same Subject matter; be resolved for the public good (Diaz v. Secretary of Finance, G.R. No. 193007, July 19,
3. The conflicting claims are made Against the same person (plaintiff); and 2011).
4. The plaintiff has no claim upon the subject matter of the adverse claims or if he Requisites of an Action for Declaratory Relief
has an Interest at all, such interest is not disputed by the claimants (1 RIANO,
Civil Procedure, supra at 130). Q: State the requisites of an action for declaratory relief.
ANS: The requisites are: (SANDRA)
When to File 1. The Subject matter of the controversy must be a deed, will, contractor other
written instrument, statute, executive order or regulation or ordinance;
Q: When should an action for interpleader be filed? 2. There must be an Actual justiciable controversy or the "ripening seeds" of one
ANS: An action of interpleader should be filed within a reasonable time after a dispute between persons whose interests are adverse;
has arisen without waiting to be sued by either of the contending claimants. Otherwise, 3. There must be have been No breach of the documents in question;
it may be barred by !aches or uncitielay:..This is because after judgment is obtained 4. The terms of said documents argt the validity thereof are Doubtful and require
against the plaintiff by one pimant, heT islalrapd liable to the latter (WackWack Golf judicial construction;
and Country Club, Inc. v. Won, diRelo.L-238t51: Mai-ch 26 1976). 5. The issue must be Ripe4oijgdIcipl determination, as for example, where all
remedies have been exliPpktaiAajid
Grounds for Motiork oVismiss Note: A justiciable contrOvarShefers to existing case or controversy that is
Q: What are the groute r ds forymotion tojdismiss a'comilatfor interpleader? appropriate or ripe for jUdipial,;ftalay:60Ption, noA$ne that is conjectural or
ANS: Each clairfantroa file p motion toAsmA with fift ery (It) ays provided for a merely anticipatory (Velarcie.v. Sociardnice'SOCigy, G.R. No. 159357, April
filing of an answer based on tie following grounds: 28, 2004). '
1. ImproPie ithe action-for-interpleadefror 6. Adequate relief is not available through other means'r other forms of action
2. The grp d for dish-iissalcnderil!Rple-lcy(R LES OFte0t1NT, Rule 62 Sec. and proceedinge(Gambpa v!rTeties, G.R. No. 1765791 June 28, 2011).
1
. .r.r•
Q: Why must a petition fordeclaratoryirelief be filed before there is a breach or --Gzszi
4). 7.--, ,- • „ .
violation?
Q: What is the e ct ohthe filing-oEi-inotion-to dcsiniss on tIie period to file
answer? .„-
k k ,- ,, :_,, 1,l.°";..
,,..,„, ..,,,gy
, 1
„ 4 ANS: Under such cirgunistancesin as much as a cause4)f,abtion,,flas
s-slye Y,already
'
accrued
in favor of one or the other party, there is Fithing mofetfor4tbecourtflo explain or clarify
ANS: The period :to fit the answer :liar be:-;tol ak`cand iflthe motion is denied, the
movant may file is answer wi hjpga\rem i a, b trnot lese than 5 days in any short of a judgment or final order (Tacpbunting, Jr, v. Spouses-Sumabat, supra).
event, reckoned fr the nofjce Iciplai When may the Court Refuse-to Make u7UdicialDedaration
7
-'k7 (0
Q: What is the effect of Q: Give instances where the coprtzayzaplap:tol,grirlt declaratory relief.
,...,declarrg4ane
-,< ...f) o
-- eAefeudani' s -in default?
i, N 3,, t"'
ANS: If any of the claiffiaat-fatsno pled v itilin‘,41efriA,15) days from the service of ANS: The court has discretion to.'aororriof to act on thepetition. It may, motu proprio or
summons, the court may, 'ori,, ,Lnotion, ce,thrkhir tiretlefault and thereafter render on motion, refuse to exercise tre$ower to declare rights and to construe instruments in
judgement barring him from any to the subject matter (RULES OF any case: kr
COURT, Rule 62, Sec.5). 1. Where a decision would not terminate the uncertainty or controversy which
gave rise to the action; or
C DECLARATORY RELIEF AND SIMILAR REMEDIES (RULE 63) 2. Where the declaration or construction is not necessary and proper under the y,
circumstances (RULES OF COURT, Rule 63, Sec. 5).
Who may File the Action
Note: The court does not have the discretion to refuse to exercise the power to declare
Q: Who may file a petition for declaratory relief? rights and to construe instruments in actions for: (RAP)
ANS: Any person interested under a deed, will, contract or other written instrument, or 1. Reformation of an instrument;
whose rights are affected by a statute, executive order or regulation, ordinance or any 2. Action to quiet title to real property or remove cloud therefrom; and
other governmental regulation (RULES OF COURT, Rule 63, Sec. 1). 3. Petition for Consolidation of ownership (RULES OF COURT, Rule 63, Sec. 1,
par. (1)).
Q: What is the purpose of an action for declaratory relief? Conversion to OrdinaryAction
ANS: The purpose of the action for declaratory relief is to secure an authoritative
statement of the rights and obligations of the parties under said law or contract, for their Q: May an action for declaratory relief be converted into an ordinary action?
guidance in the enforcement thereof or compliance therewith, and not to settle ANS: Yes. If before the final termination of the case, a breach or violation of the
issues arising from an alleged breach thereof (Tambunting, Jr., v. Spouses Sumabat, instrument or law or other governmental regulation should take place, the action
G.R. No. 144101, September 16, 2005). thereupon may be converted into an ordinary action, and the parties shall be allowed to
file such pleadings as may be necessary or proper (RULES OF COURT, Rule 63, Sec.
6).
532 533
 :::-1-fetcz-40p.47

Q: Is a third party complaint proper in an action for declaratory relief? Industrial Corp. v. Central Board of Assessment Appeals, G.R. No. L-46245, May 31,
ANS: No. A third-party complaint is inconceivable when the main case is one for 1982).
declaratory relief. In a third-party complaint, the defendant or third-party plaintiff is
supposed to seek contribution, indemnity, subrogation or any other relief from the third- Q: What is prohibition?
party defendant in respect to the claim of the plaintiff against him, while an action for ANS: It is a writ issued when the proceedings of any tribunal, corporation, board, officer
declaratory relief is confined merely to the interpretation of the terms of the contract or person, whether exercising judicial, quasi-judicial or ministerial functions, are without
(Commissioner of Customs v. Cloribel, G.R. No. L-21036, June 30, 1977) or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack
or excess of jurisdiction, and there is no appeal or any other plain, speedy, and
Q: Is a compulsory counterclaim allowed action for declaratory relief? adequate remedy in the ordinary course of law, upon the filing of a verified petition by
ANS: Yes, there is nothing in the nature of this action that proscribes the filing of a any person aggrieved thereby in the proper court alleging the facts with certainty and
counterclaim based on the same transaction, deed, or contract subject to the complaint. praying that the judgment be rendered commanding the respondent to desist from
A special civil action is after all not essentially different from an ordinary civil action further proceedings in the action or matter specified therein (RULES OF COURT, Rule
(PDIC v. CA, G.R. No. 126911, April 30, 2003). 65, Sec. 2). The function of prohibition is to prevent the unlawful and oppressive
exercise of legal authority and to provide for a fair and orderly administration of justice
Proceedings Considered as Similar Remedies (Yusay v. Court of Appeals, supra).
Q: What are the other similar remedies.governed by Rule 63?
ANS: The following are the of similarTrefijediesiatle
l • Rule 63: (RAP) Q: What is mandamus?
1. Reformation of arp strkrt kJ ANS: Mandamus is a writ issued in!the,name, of the state, to an inferior court, tribunal,
Ail /'" corporation, board, officer or person, commanding the performance of an act which the
2. Action to quietfit ‘to reg,propertrand.reove clOutiktherefrom; and
3. Petition for%ofis.olidation of ownership (RUfrES-OF,,COURT, Rule 63, Sec. 1). law enjoins as a duty resulting from an Offke ,trust or station (Uy Kiao Eng v. Nixon Lee,
ff Ni/ e . k.\,• \ G.R. No. 176831, January 15, 2010)":10sItquAciptlen any.trjbunal, corporation, board,
D. REVIEW OF qUiRplyENTS ANDIfIN4L CRDERS oRt RESOWTIONS OF THE officer or person unlawfully neglects the, pqformihae 9.fiapk4ctwhich the law specifically
COMELECAND COA (RLILE 6114 IN REL4tIONITO RULE 65) ( ,A enjoins as a duty resulting from an office, trust, or station, or uplawfully excludes another
i d I :
Q: A decision pf-the— OMELEC-or-DOA .', ay-be-reviewed under which court?
Ai r ) A from the use and enjoyment of a right or Vice to which such other is entitled, and there
is no other plain, speedy and adequate remedy in the ordiniry-,course of law (RULES
ANS: A judgmrtg9e, order hr resplutionOf,the-,C,PME0LEC or, tietalk may be brought OF COURT, Rule 65, Sec. 3).,
by The aggrieved party
party toto the\S, uprejne Oourt=oh certiorari un er.Reile 65 (RULES OF P
fr & Q: Distinguish-appeal by certiorari under4,Rule 45 from certiorari under Rule 65.
Rule p4,Seq, 2),A '-',-' E''' kr7,..,_--‘
Note: Review exten R 1gtonfy,tb
.. ihal-ordersr-resoluticins'of/thepOMEIIEC
. ,... \ . ..f
En Banc and ANS: The distinctions arethe following:
-,-,,, 0 if ^- ./ -
not to interlocutorworders issi,fe by a DO iopp,supja THIN; atj 385)v
k \,;c,'\;\ T ,_11.,.,_ ' ,//(77 I Appeal by Certiorari (Rule 45) Petition for Certiorari (Rule 65)
Distinction in the AppliCation,-of Rule-65. to Judgments of the COMELEC and COA
and the Application of Ra/e 65`te". 01-he`r,TrigUrief/I.VPersdris and Officers As to issues involved
N, NC"-•? nn l..-) , . /
Q: Give the distinction in tDe-aopli=Ride catio 65 tovIgments of the COMELEC Issues raised or involvecrere purely p .1.ifisdictional issues.
and COA and the al4icatibipflitale.65..to.other4rjbllats„(Persons and officers. law. V.,;
4I'W,'1.62E:M. •
ANS: In the application aeRkiet.5frto judgcne.nattirICOMELEC and COA, the petition
must be filed within 30 days frorliztice.lktfte‘jadgegit or resolution. The filing of a • Nature
motion for new trial or reconsideratiorrOPsaidVdgment shall interrupt the period fixed. If A mode of appeal. A special civil action.
the motion is denied, the aggrieved party may file the petition within the remaining
period but which shall not be less than 5 days in any event, reckoned from notice of As to Jurisdiction Exercised •
denial (RULES OF-COURT, Rule 64, Sec. 3). Thus, there is no fresh period in Rule 64.
Court is in the exercise of its appellate Court is exercising original jurisdiction.
On the other hand, in the application of Rule 65 to other tribunals, persons or officers, jurisdiction.
the petition must be filed within 60 days from notice of the judgment or resolution. If a
Subject of the Action
motion for new trial or reconsideration is filed and the same is denied, the aggrieved
party will have another 60 days counted from the notice of the denial within which to file Seeks to review final judgments or final May be directed against an
the petition (RULES OF COURT, Rule 65, Sec. 4). Thus the fresh period rule applies in orders. interlocutory order or matters where no
Rule 65. appeal may be taken from.
E. CERTIORARI, PROHIBITION, AND MANDAMUS As to Time of Filing
Definitions and Distinctions
Appeal is taken within 15 days from Petition is filed not later than 60 days
Q: What is a writ of certiorari? notice of the judgment, final order, or from notice of the judgment, order or
ANS: It is a writ issued by a superior court to an inferior court, tribunal, board or officer resolution or of denial of petitioner's resolution sought to be assailed.
exercising judicial or quasi-judicial functions whereby the record of a particular case is motion for new trial or reconsideration.
ordered to be elevated for review and correction in matters of law (MERALCO Securities

534 535
 ••••":71-- '41,
•,,,Wti•ozvt
• pe•Ltit0••

As to Pre-condition Requisites; When and Where to File (Ru/e 65)

.• '
No need for a Motion for Q: State the requisites of certiorari.
Motion for Reconsideration is a pre-
Reconsideration. requisite. ANS: The requisites are: (AJA)
1. The writ is directed Against a tribunal, board or officer exercising judicial or
As to the Stage:of proceedings „ quasi-judicial functions;
2. Such tribunal, board or officer has acted without or in excess of Jurisdiction, or
May be availed of only after final May be availed of during the pendency with grave abuse of discretion amounting to excess or lack of jurisdiction; and
judgment; continuation of the original of the case or even before judgment. 3. There must be no Appeal or other plain, speedy and adequate remedy in the
case. ordinary course of law (RULES OF COURT, Rule 65, :Sec. 1).

As'to Parftes; Q: State the requisites for issuance of a writ of prohibition.

ANS: The requisites are: (EJA)
Lower court or judge which rendered the Tribunal, board, or officer has to be 1. Respondent is Exercising judicial, quasi-judicial or ministerial functions;
judgment or final order appealed from impleaded in the action as nominal 2. Respondent acted, is acting or is about to act without or in excess of
should not be impleaded. party respondent. Jurisdiction, or acted with grave abuse of discretion amounting to lack or
—or-1.0=2.CM.
excess of jurisdiction; and
As to the Stay of Execution. *, 3. There must be no ApkgibrOther plain, speedy and adequate remedy
-t .D" (RULES OF COURT, Rgle765;q.Set. 2).
chaypnged proceeding is not
stayed, nlel,e` i court issues a TRO • •v1:-.1:4;!.:4
orinjunctive,yvnt. Q: State the requisites of a validimapqainPs?
ANS: The requisites are: (RDM7yEA)f. .
As to Whbre Filed 1. The plaintiff must .have a clearlegal Right to'thaaatTi:ipnnanded;
2. It is the Duty.,ofithe defendant ti) perform the act because it is mandated by
May-belfiled propriate court law;
.-hav,ing jurisdiction the lower court, 3. The act to beVerformed, is Ministerial;
.̀..,;tri6unaliboard 1
-9fficp 4. Defendar*ITCBOR4inlawfully Nigglects the performance of an act which the
"1/4-4 II law spelfically enjoinS'as adutyksulting from;n office, trust or station; or
(1 RIANO, CivkP(rordure 41Ypra-at-191-49e): 5. Defendant rreggp unlawfully Alludes another from thalise and enjoyment
- 1\k of aright or Officetb whielthe other is entitlet4011:eat,.!'
Q:iDistinguish prohibition aqic agyan:tinini,gcnctio 6. There" is ncy-Appeal owcither Ofein, speedyN6Waclecitiate remedy in the
ANS: The differe'nce be&pen an51DrWido (man amus, and injunction are to ordinary"course;of law (RULES Of COURT, Rule 65, Sec. 3).
wit: •
S "-) • N-
. ,• Q: What is meant by the phrase "exercising aWcjal,functions?"
Prohibition. I Mandamus . • • • InjunOion • • ' , 1 ANS: A body or officerbqllie said, to: functions when such officer
SpecraNkil eon. \ 4 N v..
.ielYrdinary civil action.
or body is clothed withiP'uthority4in'd undertakes to determine what the law is and what
''''''ks, A. % AL _...,...- the legal rights of thaipartiee are with respect to the matter in controversy (3-A
Always the main action. It mayte=thezmaination itself or a provisional remedy. HERRERA, Special Proceedings (2005), p. 264, citing MORAN) [hereinafter 3-A
HERRERA, Special Proceedings].
Directed against a court, Directed against an Directed against a party to
tribunal, or person entity or person Q: What is a quasi-judicial function?
the action.
exercising judicial, exercising ministerial ANS: A quasi-judicial function is a term which applies to the action or discretion of public
quasi-judicial or functions. administrative officers or bodies, who are required to investigate facts, or ascertain the
ministerial functions. existence of facts, hold hearings, and draw conclusions from them, as a basis for their
official action and to exercise discretion of a judicial nature (Villarosa v. COMELEC,
Filed to prevent the Filed to compel the Filed to compel the G.R. No. 133927, November 29, 1999).
respondent from respondent to perform a respondent to perform an
usurping jurisdiction. ministerial and legal act which is not Q: Distinguish between ministerial duty and discretionary duty.
duty. necessarily a legal and ANS: Ministerial duty is that which is so clear and specific as to leave no room for the
ministerial duty. exercise of discretion in its performance. Discretionary duty is that which by its nature
requires the exercise of judgment (Carina v. Capulong, G.R. No. 97203, May 26, 1993).
May be brought in the May be brought in the May be brought in the
SC, CA, Sandiganbayan SC, CA, Sandiganbayan RTC. Q: What is grave abuse of discretion?
or RTC. or RTC. ANS: It means "such capricious and whimsical exercise of judgment as is equivalent to
(1 RIANO, Civil Procedure, supra at 58-59). lack of jurisdiction, or, in other words where the power is exercised in an arbitrary or
despotic manner by reason of passion or personal hostility, and it must be so patent and

536 537
gross as to amount to an evasion of positive duty or to a virtual refusal to perform the Q: Is a petition for prohibition the proper remedy in assailing implementing rules
duty enjoined or to act at all in contemplation of law." It is not sufficient that a tribunal, in and regulations issued in the exercise of quasi-legislative functions?
the exercise of its power, abused its discretion; such abuse must be grave (Benito v. ANS: No. Prohibition lies against judicial or ministerial functions, but not against
COMELEC, G.R. No. 134913, January 19, 2001). legislative or quasi-legislative functions (Holy Spirit Homeowners Association., Inc. v.
Defensor, G.R. No. 163980, August 3, 2006).
When Petition for Certiorari, Prohibition, and Mandamus is Proper
Q: What is the expanded scope of a petition for certiorari and prohibition?
Q: What are the grounds for the filing of a petition for the issuance of a writ of ANS: With respect to the Court, however, the remedies of certiorari and prohibition are
certiorari? necessarily broader in scope and reach, and the writ of certiorari or prohibition may be
ANS: That entity or person has acted: issued to correct errors of jurisdiction committed not only by a tribunal, corporation,
1. Without or in excess of jurisdiction; or board or officer exercising judicial, quasi-judicial or ministerial functions but also to set
2. With grave abuse of discretion amounting to lack or excess of jurisdiction right, undo and restrain any act of grave abuse of discretion amounting to lack or excess
(RULES OF COURT, Rule 65, Sec. 1). of jurisdiction by any branch or instrumentality of the Government, even if the latter does
not exercise judicial, quasi-judicial or ministerial
rp,. functions. This application is expressly
Q: When may the special civil action for certiorari be availed of? authorized by the text of the second paragraph of Section 1 of Article VIII of the 1987
ANS: As a general rule, the special civil action of certiorari may only be availed when Constitution. Thus, petitions for certiorari!7,and prohibition are appropriate remedies to
the lower court or any of its off
jpersf'neTri/ilhou or in excess of jurisdiction or with raise constitutional issues and to review and/or prohibit or nullify the acts of legislative
grave abuse of discretion„"ndre is no pig% p5edyand adequate remedy in the and executive officials (Araullo v. Ag(41-014,G.R. No. 209287, July 1, 2014).
ordinary course of law. .henn appeal . s-in itsei a sufftciat, and adequate remedy that .:4,4,-,:.'',i1
would promptly reliev,e/thhetitigner ilijuriousleffect .9! the order or judgment Q: When may a petition for mangartue,. *filed?
complained of, exisferyce .1oVtral jgReal,rwattclbeiNhe,oirfilitut on of the remedy of ANS: A verified petition for mandainUsinejttefiled:
certiorari (SantoslAg2Rros. 170090-97, Maithi gN200,) r. -0.T.=,,.. •.;
1. When any tribunal, coriparatityvb,9ara.,korricerci.;.ppr:On:
IP A X 1 \
Q: Are the remediesslappetal and certiorari mutually excliusive?
a. Unlawfully, neglectsth&pirformance'efahlectiwhich the law specifically
enjoinsfas'a duty resulyngifrom an office, trusKcr station; or
ANS: Generall "Ile the proper-remedy -th:e actiefiktor`ceurtiorari will not be b. UnlaWkilly,excludes'enOther from the use erithenjoyment of a right or
entertained. Cie,L7tiO,Tri is not remedy Iddierrors,of juslgemen" .tErr6ri of judgment are .- tr.k
office46"wliichs,uch-bthertis entitled; and i i.! ..?°.
correctible bytpp221 errors 1.)f juriediCticiril dre.Xeviewable by certid ari. However, this 2. There is natilieriOlain, speedy and adequate remedy in the ordinary course of
,.,r
rule is subject o42191lowinglexceplidriStARgP-OFC) JJ law (aULES OF COURT, Rule 65 ,Sec. 3). .e ,
1. Whert an Apeal\ildeket-cor)stiWte-spee ;4deguate Remedy; .i,,lo f-':-;1. .4'
.
2. WhenKlerspre tfseil eithein A.,5,-.---* . ,.., r
we'? of ji.frisdiction;
n
Q: In an origjpal actiopilor certiorari, rphibition40,:nandernueor quo warranto,
3. For cektain special colist ez‘atiiihs`aP;i1ib 'Rol cy o . publici welfare; when does the CA acquire, jurisdritioni.`'OVer the pertcivtigthe/respondent? (2013
4. When Order is atpater9 ii ty,•, ,, I Bar) ,
1 :4,1•:-'; ',
ANS: Upon the service-on trielrespendenacif the order or resolution of the CA indicating
5. When decision in the certO(Lcase_wo I avoid%Future (litigation; and
.o- its initial action on the petitionl(RULES 01,00;URTI Rule 46, Sea 4).
When, .in\crimintibrLs, jiiiis,e jects rebuttal evidence for the „.;*„.
4,
prosecution as, illecbf Cift il a •Id Pemdlemedy (1 REGALADO, •
1- Injunctive Relief •
supra at 796). •-- r
Q: What is the effect cifthq p#ndency of a special civil action under Rule 65 on the
Q: When may a person file a petitionJourohibition? principal case before theloyifer court? (2013 Bar)
ANS: When the proceedings of an inferior court, tribunal, corporation, board, officer or ANS: The general rule is that the petition shall not interrupt the course of the principal
person, whether exercising judicial, quasi-judicial or ministerial functions, are: case unless a temporary restraining order or a writ of preliminary injunction has been
1. Without or in excess of its or his jurisdiction; or issued against the public respondent from further proceeding in the case (RULES OF
2. With grave abuse of discretion amounting to lack or excess of jurisdiction; and COURT, Rule 65, Sec. 7).
3. There is no appeal or any other plain, speedy, and adequate remedy in the
ordinary course of law. Q: After a petition for certiorari, prohibition or mandamus has been filed, and in
the absence of a TRO or a preliminary injunction, what shall the public
An aggrieved party may file a verified petition in the proper court, alleging the facts with respondent do with the principal case?
certainty and praying that judgment be rendered: ANS: The public respondent shall proceed with the principal action within 10 days from
1. Commanding the respondent to desist from further proceedings in the action the filing of a petition for certiorari, with the higher court, absent a TRO or a preliminary
or matter specified therein; or injunction, or upon its expiration. Failure to proceed with the principal case may be a
2. Otherwise granting such incidental reliefs as law and justice may require ground for an administrative charge (RULES OF COURT Rule 65, Sec. 7).
(RULES OF COURT, Rule 65, Sec. 2).
Note: Prohibition does not ordinarily lie to restrain an act which is already a fait Q: Which court may grant injunctive relief in actions for certiorari, prohibition and
accompli, however the courts will decide a question otherwise moot if it is capable of mandamus?
repetition yet evading review (Heirs of Lonoy v. City of Ilion, G.R. No. 175049, ANS: The court in which the petition is filed may issue orders expediting the
November 27, 2008). proceedings, and it may also grant a temporary restraining order or a writ of preliminary

538 539
 4.1i.1.1,91tWrik,52,"

injunction for the preservation of the rights of the parties pending such proceedings Exceptions to Filing of Motion for Reconsideration before Filing Petition
(RULES OF COURT, Rule 65, Sec. 7).
Q: Is a motion for reconsideration required to be filed before a petition for
Reliefs Petitioner Is Entitled to certiorari, prohibition and mandamus may be availed of as a remedy?
ANS: Yes. As a general rule, a motion for reconsideration must first be filed with the
Q: State the reliefs to which petitioner is entitled to in an action for certiorari. lower court prior to resorting to the extraordinary remedy of certiorari or prohibition since
ANS: The court shall annul the judgment or modify the proceedings subject of the a motion for reconsideration may still be considered as a plain, speedy, and adequate
petition, and grant such incidental reliefs as law and justice may require (RULES OF remedy in the ordinary course of law. The rationale for the pre-requisite is to grant an
COURT, Rule 65, Sec. 1). opportunity for the lower court or agency to correct any actual or perceived error
attributed to it by the re-examination of the legal and factual circumstances of the case
Q: If the petition for prohibition is granted, what shall be the court's action and (Carpio-Morales v. Court of Appeals, G.R. Nos. 217126-27, November 10, 2015).
what reliefs shall petitioner be entitled to?
ANS: If the petition for prohibition is granted, the court shall command the respondent to Q: Is the rule on filing a motion for reconsideration before filing the petition
desist from further proceedings in the action or matter specified in the petition or absolute?
otherwise grant such incidental reliefs as law and justice may require (RULES OF ANS: No, the following have been recognized as exceptions to the rule: (PRN-PUD-
COURT, Rule 65, Sec. 2). CLEI)
. .,,,o,or.'"---`"-<,-, 1. Where the order is a Patelullity, as where the court a quo has no
Q: What shall the court dol,the petition forinandamus is granted?
ANS: If the petition for anda 'us is danteg! y abuirts all order the respondent to jurisdiction;
immediately or at someotpti, e specifiedmhy hercoifir,t)toNclo the act required to be 2. Where the questions ralSedArkte certiorari proceedings have been duly
done to protect the jigh, oahe4petitioner and to afthejlemages sustained by the Raised and passed upOn:b§..it*Jower court, or are the same as those raised
latter, by reason/o ftrieN vying ul etblirftWrespon eritt,(FQLES'OF COURT, Rule 65, and passed upon in the fewertecidte
Sec. 3). 3. Where there is an urgent Nepessty:i5Ah rd,; e„,.resplutiOrj of the question and any
further delay would-(prejudice the interests'of,* Government or of the
When and Whereto File Petition ,, . )1, petitioner; ,
I ---'-•• I, 4. Where the subject; matter of,theaction is Perishable;;
Q: Within whatet--.4.
oeriou
i may a petition for certiorari prohibitions or mandamus be 5. Where, under the. circumstance's, a motion for reconsideration would be
filed? 1! A .e.,. ` - li Useless;
ANS: The peti ion- 'hall berfileAnot gtenhaw60-aays rnotierOrti I judgment, order 6. WheareAbeiitioner was deprived *Due processd is extreme urgency
or,resolution. I , ca e a ofion or_recolisideration_or eif trial. is ti ely filed, whether for relief,
such motion is re.qqecl e 605:ia, jpellipd '5alljoe cd ecl, prom notice of the 7. Where . a'CrimiElal deep, reliegfrom ari'.!Qww,iteerreet..is, urgent and the
denial of said motion (RyLE e. COW, Rie6 bj 4). granting of such relief by,,,thktriafWurt is improbable
.k
8. Where them-9060gs in the Lo4Ver court are a nullity for lack of due process;
Q: In what courtpall a Rtitio /fo cetkorari rohibitjpn or mrdamus be filed? 9. Where they proceedings were 7.7..:77:77. parteir; i or in which the petitioner had no
ANS: The petition sall be filetWitjAlS5- iork0,?Sates to the/acts or omissions of a opportunity Kobjep*and
lower court or of a corpora%On -6-oa ei--officer .or4p4so,rvin the RTC exercising 10. Where the issifeYaised ts,,,on,eiptrely,;:ofjew,pr,,where public Interest is involved
al(ai, as efined"by theVc.(RUEES OF COURT, Rule 65,
jurisdiction over the territoril (Abraham v. NLRC, G.RAto. 143823, March 6, 2001).
Sec. 4). xi
It may also be filed with the CA or the an-dig ayan, whether or not the same is in aid F QUO WARRANTO (RULE$6)
of its appellate jurisdiction. If it involves the acts or omissions of a quasi-judicial agency Q: What is a quo warranto?
unless otherwise provided by law or these Rules, the petition shall be filed in and ANS: It is a prerogative proceeding or writ issued by the court to determine the right to
cognizable only by the CA (RULES OF COURT, Rule 65, Sec. 4). the use or exercise of a franchise or office and to oust the holder from its enjoyment, if
his claim is not well- founded, or if he has forfeited his right to enjoy the privilege
It may also be filed with the COMELEC, in aid of its appellate jurisdiction, if it deals with (Fortune v. Palma, G.R. No. 70203, December 18, 1987).
election cases involving an act or omission of the MTC or RTC (RULES OF COURT,
Rule 65, Sec. 4, as amended by A.M. No. 07-7-12-SC). Q: Against whom may a quo warrantobe filed?
ANS: A quo warranto may be filed against: (UFA)
Effects ofFNng of an Unmeritorious Petition 1. A person who Usurps, intrudes into, or unlawfully holds or exercises a public
Q: What are the grounds for the dismissal of the petition? office, position or franchise;
ANS: The court may dismiss the petition if it finds it to be: (MDU) 2. A public officer who does or suffers an act which by the provision of law,
1. Patently without Merit; constitutes a ground for the Forfeiture of his office; or
2. Prosecuted manifestly for Delay; or 3. An Association which acts as a corporation within the Philippines without being
3. If the questions raised are too Unsubstantial to require consideration. legally incorporated or without lawful authority so to act (RULES OF COURT,
Note: In such event, the court may award in favor of the private respondent treble costs Rule 66, Sec. 1).
solidarily against the petitioner and counsel, in addition to subjecting the counsel to
administrative sanctions (RULES OF COURT, Rule 65, Sec. 8).

540 541
Q: Distinguish quo warranto and mandamus.
As to Who may File
ANS: The distinctions are the following:
•
•Mandamus The petitioner must be the person Any voter even if he is not entitled to
claiming to be entitled to the office and office.
would assume it if action succeeds.
It is designed to try the right or title to It does not lie to try disputed titles but
the office, if the right or title to the merely to enforce clear legal duties. As to Where Filed'
office itself is disputed. SC, CA, or RTC COMELEC, RTC, or MTC as the case
may be
Where there is usurpation or intrusion Where the respondent, without claiming (1 RIANO, Civil Procedure, supra at 275-276).
by the respondent to an office. any right to an office, excluded the
petitioner therefrom. Distinguish Quo Warranto andlmpeachment
As to Whom it is Brought Against::.,: Q: Distinguish Quo Warranto under the Rules of Court and Impeachment under
the Constitution
Brought against the h9Sclergf thel TBroi
l ‘
gh
i agak'nst the person who is
ANS: The differences are the following:
oneiho --Tesponsible ifor\ ynlawfully excluding the
office, not necessarily/the‘
excludes the petitioner. )° —Rtitioner fnirrroffioq. . Quo Warranto •.Impeachment
(3-A HERRERA, Special4I7 crdings, supra at 372):.--. a As to Nettie
if,Cr‘
Distinguished for QuO7Warranto underihe Omnibus Election Code, •
Political in nature (Republic v. Sereno, 3 Judicial in nature'. (Republic v. Sereno,
Q:-Distinguish queoptvarran o-under-the,Rules--of-Court frOm'quii warranto under G.R. No. 237428, May 11, 2018). ;supra).
the Omnibus Election Code• •
ANS: The differences re the iollowing F As to Jurisdiction.
5
Quo Warrant° under otici`Warrantou'ndet!
. the The House of Representative shall The petition is brought in the SC, the CA,
Rule 66 ' Omnibus Election Code • ,• have the exclusive power to initiate all ;_$?r the RTO;-
As to GoVerning Law.... cases of impeachment (CONST.Art.
. Xl, Sec. 3, par. (1)).
Governed by thekRules ofk.Courti.LGo\reirried by
) the election law.
The Senate shall have the sole power
As to ISsue' to try and decide all cases of
. . ..
The issue is the legality ke-Tsue ls4e' eligibility or disloyalty to impeachment (CONST.Art. Xl, Sec. 3,
appointment. Ah#16'..0.11ilje,
61 the respondent. par. (6)).
As to Prescriptive period As to Applicable Rule
Action must be commenced within Petition must be filed within 10 days from
one (1) year from the petitioner's the proclamation of the results of the The Congress shall promulgate its Rule 66 of the Rules of Court
ouster from office or from the time the election. rules on impeachment to effectively
right of petitioner to hold office arose. carry out the purpose of this section
(CONST.Art. Xl, Sec. 3, par. (8)).
As to A
As to Judgement':,
Subject of the petition is in relation to Subject of the petition is in relation to an
an appointive office elective office. Judgement shall not extend, further Judgement is limited to ouster or forfeiture
than removal from office and and may not be imposed retroactively
As to Effects • . disqualification to hold any office upon prior exercise of official or corporate
The Court will oust the person illegally The occupant who was declared ineligible under the Republic of the Philippines, duties (Republic v. Sereno, supra).
appointed and will order the seating of will be unseated and the petitioner may but the party convicted shall
the person who was legally appointed be declared the rightful occupant of the nevertheless be liable and subject to
and entitled to the office. office if the respondent is disqualified and prosecution, trial, and punishment
the petitioner received the second highest according to law (CONST.Art. Xl, Sec.
number of votes. 3, par. (7)).

542 543
 Note: However, for a quo warranto petition to be successful, the private person suing
must show a clear right to the contested office. In fact, not even a mere preferential right
No impeachment proceedings shall be The petition must be commenced within to be appointed thereto can lend a modicum of legal ground to proceed with the action
initiated against the same official more one (1) year after the cause of such (Topacio v. Ong, G.R. No. 179895, December 18, 2008).
than once within a period of one year ouster, or the right of the petitioner to hold
(CONST.Art. Xl, Sec. 3, par. (5)). such office or position, arose (RULES OF Limitations in Filing a Petition for Quo Warranto
COURT, Rule 66, Sec. 11).
Q: What is the prescriptive period for filing a petition for quo warranto?
Note: Quo warranto proceedings seeking ANS: An action against a public officer or employee for his ouster from office must be
ouster of a public official are commenced within one (1) year after the cause of such ouster or the right of the
governmental function, thus, no statute of petitioner to hold such office or position arose (RULES OF COURT, Rule 66, Sec. 11).
limitations is therefore applicable Note: Quo warranto proceedings seeking ouster of a public official are a governmental
(Republic v. Sereno, supra). function, thus, no statute of limitations is therefore applicable (Republic v. Sereno,
supra).
Q: Can a petition for quo warranto proceed simultaneously with a complaint for Judgment in Quo Warranto Action
impeachment? *AO
ANS: Yes. Quo warranto and d reach 1 ymutelly exclusive remedies and Q: What are the contents of the jUdgment if there is usurpation of office?
may even proceed simyjtgSentis nTh_..,, e existence
....._ othpri:e7dies against the usurper ANS: Judgment shall be renderedr0at:fe,
does not prevent thvqtatkp'5,cothTnencinrequvtarrant proceeding. After all, a 1. The respondent be ousted laded from the office;
quo warranto petition‘kisoredicate n-grpura s distinctstfom 'those of impeachment 2. That the petitioner or relgtoa4tiiacaiseinay be, Viecover his costs; and
(Republic v. Se7o ra7 e/ 3. Such further judgment nay /telideiredtglIte,pmitig the respective rights in
I? i k. X and to the public office, position.pr t franctligeiffik4fie parties to the action as
Q; What acts or omissions an be properly subject to a pelition for quo warranto justice requires RULES OF
417 ,
po f T, Rule 66, Sec. '..)
and ImpeachmentS, i V) %
ANS: An act t c, ?fission committed,pcior'tp-oreiat the time of appointment or election Rights of a Person Aoyudgeo'Entitled to Public Office 1$
relating to an ffi ciarir qualification Koldilo ice as to rendeep,t);clii appointment or .,,P'w ,Vr - _.
election invali is operly-th subject warra Vuaetition. Contrariwise, acts or Q: What are the4,7,- rights of adjudged
r--,, lk, , entitled to the°pubtic office?
omissions ev INA, relate to—thet740ifioation 0-iptegrIty,, Jing a continuing ANS: The persoys
t4tP ','
rightspre
are the
the folloWingfOED) i U 4

requirement b nnethel6 comriffiffd5,054,ing htllp' infumbon, y of a validly 1. He tmaje -demand, from.respdident all vlffegiBoopicsr;v-andvpapers in the
appointed/elected official cagri9 bOlObjectiop5a*b warranto proceeding, but of respiindent's custody cii-Lleontr4appertairitialit LiTe:' office to which the
something else, khich may eith`eMqrnee?ctnen"•...isuch,js an impeachable official, or judgmentfo,lateffi;,,4 -- tj,
disciplinary, administrative, cri iraf:action_if-0 ecwi,s(Repubciciv. Sereno, supra). 2. He may tatel aponliimselfbe E)6ecution of the office; and
\ .., " CI P NT1 .1_. 1„. 3. He may brin9 an ,Action for DttinsFpgainst respondent for the injuries
I .
When can the Government Commence an Action'againstlndividuals sustained by tiimp•by reason ofiR6f kisurpiatiiih,(RULES &io4 OF COURT, Rule 66,
4,,c4.37.,,,..,.-,-.
Sec. 10). 1..,'..t"
T -4T
Q: When may the Solicitor G 1le)ieridir— ub*--r\o\-)
seCtiltor
f file a petition for quo 0. .
'1.
f

warranto? -..,._ILIST..:0°' Q: Why can't the actioniforllimages be instituted in a petition for quo warranto?
ANS: The Solicitor General or public prot-ecu or may file the petition in the following ANS: An action for damages is'an ordinary civil action while a petition for quo warranto
cases: (DCR) is a special civil action and the joinder of special civil actions to an ordinary civil action is
1. When Directed by the President of the Philippines, (RULES OF COURT, Rule prohibited (RULES OF COURT, Rule 2, Sec. 5 (b)).
66, Sec. 2); or
2. Upon Complaint or otherwise he has good reasons to believe the cases for G. EXPROPR/AT/ON
quo warranto can be established by proof (Id.).
3. With the permission of the court in which the action is to be commenced, at the Rule 67
request and upon the Relation of another person; but in such case the officer
bringing it may first require an indemnity for the expenses and costs of the Q: What is expropriation?
action in an amount approved by and to be deposited in the court by the ANS: Expropriation is the procedure for enforcing the right of eminent domain
person at whose request and upon whose relation the same is brought (NAPOCOR v. CA, G.R. No. 106804, August 12, 2004). Expropriation is forced taking of
(RULES OF COURT, Rule 66, Sec. 3). private property, the land owner being really with a ghost chance to defeat the case of
the expropriating agency. In other words, in expropriation, the private owner is deprived
When can an Individual Commence an Action of property against his will (Vda. De Ouano v. Republic, G.R. No. 165354, January 12,
2015).
Q: When may an individual file a quo warranto proceeding?
ANS: A person claiming to be entitled to a public office or position usurped or unlawfully
held or exercised by another may bring an action therefor in his own name (RULES OF
COURT, Rule 66, Sec. 5).
544 545
Q: Is Rule 67 the solitary guideline through which the State may expropriate a. He may file and serve a notice of appearance and manifestation to that
private property? effect, specifically designating or identifying the property in which he
ANS: No. The following rules also apply: claims to be interested, within the time stated in the summons; and
1. Section 19 of the Local Government Code governs as to the exercise by b. Thereafter, he shall be entitled to notice of all proceedings.
local government units of the power of eminent domain through an enabling 2. If the defendant has objections to the filing of or allegations in the complaint,
ordinance. The amount of the deposit shall be at least 15% of the fair market or any objection or defense to the taking of his property, he shall serve an
value of the property, based on the current tax declaration of the property to be answer within the time stated in the summons. No motion to dismiss is
expropriated; and permitted in a complaint for expropriation. Any objection or defense must be
2. R.A. No. 10752, covers expropriation proceedings intended for national set forth in an answer (Masikip v. City of Pasig, G.R. No. 136349, January 23,
government infrastructure projects; however, if expropriation is engaged by the 2006).
national government for purposes other than national infrastructure projects,
the assessed value standard and the deposit mode prescribed in Rule 67 The answer shall:
continues to apply (Republic v. Gingoyon, G.R. No. 166429, December 19, a. Specifically designate or identify the property in which he claims to
2005). have an interest;
Note: R.A. No. 8974 has been repealed by R.A. No. 10752, otherwise known as The b. State the nature and extent of the interest claimed; and
Right-of-Way Act. c. Adduce all his objectiongignd defenses to the taking of his property. No
1 counterclaim, cross,Claiki.for third-party complaint shall be alleged or
Q: What is the power 4.eritrie domaiD2 allowed in the ane:vof,korAriy subsequent pleading.
ANS: It is the authorilyAbt
nh q :$2, hemstate-a soverpn, to take private property for Note: As a rule, a defendant wpive,s,i;lelliTclefenses and objections not alleged in his
public use upon olleR19nestedue process of law and payke t of just compensation answer. However, the court mai;'/Atriginterest of justice, permit amendments to the
(Republic v. Court ofApppa aRrN5713- 0379`,"-Aug S.N rs2009 answer to be made not later than 10 dhect:Pinsitriljpg.
• •:•.„t'
TP
Matters to Alle e in Complaint for Expropriation Exception: In relation to t.tievriteterminatio of the just comrierAation, the defendant may
if -- present evidence as toiche amount gfc;;Compensation to be paid;, whether or not he had
Q: What matterst-sbalirbe alleged-in-a-coMplaint-for xprop ion? previously filed his anviver.Or appearecripetore the court (RULES, OF COURT, Rule 67,
ANS: The veriledrcq plaint spall`sqte:-;(p1N1W Sec. 3). Ifj
1. The Rigp the plat stiff toexpropriation, and t e purp94e.th rt ot
2. A Dach io of hAteal or pariorterp'roperty/R9ht to be expropriated; Order of Expropriation
3. Joined asdefendant
fit it Ntie— -ro
Thllis6r$orio,owning
`o s tz oniclaiming to own, or
ogyalay p0e, the ip4oTertwcor elest therein, showing as far as Q: What is ahlbrder'of Opropriatipp?
occuk ANS: The order of expropriation isGan ordfr4declaring thetatipbjeintiff has a lawful right
practicable thNnteregsof dhiblefkcie4113
4. If the title to any prOR9 -84>V( propriated appears to be in the to take the proPertyitfepthpublic ,:tise or described in the complaint, upon
payment of just corOpensationAo be deterOned as of the date of taking of the property
Republicof the PhiZpiees aljolaug t Notpc piecOy private individuals, or if the
title is otheYw, ise obsc d`o 'tfu olSarth ‘plainiiff cannot with accuracy or the filing of the complaint,4hichever carhlfiFit7
..An order of expropriation is issued by
the court when: 14-14` •
or certainty kiciff a ettile-reel.own_erAA ,pr .ent to that effect shall be
co
made in the compjaifitJ DLES 0 de 67, Sec. 1). 1. The objection to and,j4g•clefenses of the defendant are overruled; or
2. No party appers,to 50fend the case (RULES OF COURT, Rule 67, Sec. 4).
Two Stages in EveryAction for ExprOpriation
Q: What is the remedy from an order of expropriation?
Q: What are stages in expropriation? ANS: A final order sustaining the right to expropriate the property may be appealed by
ANS: There are two stages in an action for expropriation. records of appeal by any party aggrieved thereby (RULES OF COURT, Rule 67, Sec.
1. The first stage is concerned with the determination of the authority of the 4).
plaintiff to exercise the power of eminent domain and the propriety of its Note: It shall not, however, prevent the court from proceeding with the determination of
exercise in the context of the facts involved in the suit; and the just compensation. In addition, after such order has been rendered, the plaintiff shall
2. The second phase of the eminent domain action is concerned with the not be permitted to dismiss or discontinue the proceedings except on such terms as the
determination by the Court of the just compensation for the property sought to court deems just and equitable (RULES OF COURT, Rule 67, Sec. 4).
be taken (Municipality of Bilian v. Garcia, G.R. No. 69260, December 22,
1989). Ascertainment of Just Compensation

Defenses and Objections Q: What is meant by just compensation?

ANS: Just compensation means the equivalent for the value of the property at the time
Q: State the rules if the defendant in an expropriation proceeding has no of its taking. Anything beyond that is more and anything short of that is less, than just
objection or has an objection thereto. compensation. It means a fair and full equivalent for the loss sustained, which is the
ANS: The rules are the following: measure of the indemnity, not whatever gain would accrue to the expropriating entity
1. If a defendant has no objections or defenses: (J.M. Tuason & Co. Inc. v. The Land Tenure Administration, G.R. No. L-21064, February
18, 1970).

546 547
Q: What is the formula for determining just compensation? Rights of Plaintiff after Judgment and Payment
ANS: The formula is as follows:
JC = FMV + CD - CB. Q: State the rights of the plaintiff upon judgment and payment of just
If CB is MORE than CD then, JC = FMV. compensation.
Note: ANS: Upon payment by the plaintiff to the defendant of the compensation fixed by the
1. JC means Just Compensation; judgment, with legal interest thereon from the taking of the possession of the property,
2. FMV means Fair Market Value; or after tender to him of the amount so fixed and payment of the costs, the plaintiff shall
3. CD means Consequential Damages; and have the right to enter upon the property expropriated and to appropriate it for the public
4. CB means Consequential Benefits. use or purpose defined in the judgment, or to retain it should he have taken immediate
possession thereof (RULES OF COURT, Rule 67, Sec. 10).
Q: Can the consequential benefits be greater than the consequential damages? Note: The right of the plaintiff to enter upon the property of the defendant and
ANS: No, the Rules provide that in no case shall the consequential benefits assessed appropriate the same for public use or public purpose shall not be delayed by an appeal
exceed the consequential damages assessed, or the owner be deprived of the actual from the judgement (RULES OF COURT, Rule 67, Sec. 11).
value of his property so taken (RULES OF COURT, Rule 67, Sec. 6).
Effect of Entry of Judgment
Q: What shall the court do uporyveaditiathef the order of expropriation? Q: What shall the judgment entered jp., expropriation proceedings contain, and
ANS: Upon the rendition of gpxczrder ofrexproirlibn 't shall appoint not more than 3 what is the effect of its recording? ."
competent and disinteresjed j)erst,ons aslcomrtxs§jon'rs They shall ascertain and report ANS: The judgment shall state d,efinitelyfithe property or interest expropriated and the
to the court the just compensatton orAhemprope l-ty soygFjtll) be expropriated (RULES nature of the public use or purpopeg4mtch it is expropriated. When real estate is
OF COURT, Rule7
67 Sec. )..-) expropriated, a certified copy of thp judgment shall be recorded in the registry of deeds
'4N‹ of the place where the property W'sitttatek3titsaffegt shall be\to vest in the plaintiff the
es
Appointment o . .1Comtrilssioners:”=Conimi.ssionersC ReportA Court Action upon title to the real estate (RULES OF COUR71',Wia'.)67;$ec.,181'.;
CommissionersfReAblie I it z,). zip: \ ( (1\
A
Q: May the court idisperre—with-4110-1‘-'assistanje of ommiesioners in the
When Plaintiff Can Immediately Enter in'to Possession of the Real Property
determinatio otfusticompensation? , ItH , ---,,,,,,. I t,•-•'"t I Q: When may the plaintiff take immediate possession of the property sought to be
ANS: No. It is indikensablekTheldat With' the,,,,Taid of commission , is a substantial expropriated? „
right that may , o'
t.,ke done-a' with CaiiitakilisTy or forno reason at all (MERALCO v. ANS: The plaintiff may enter upon the :property immediately upon the filing of the
Pineda, G.R. o. L.-5y. 91, Fz\vaty-1-3fi:992)._ p-' ' complaint with:,:lue notice to the defendagand after making a deposit with the proper
...-
.(:), \ ;--- 1 A/ government authority. The deposit shall Re': in an anloyntEefiuivalent, to the assessed
'L,1
Q:.Mhat shall "the co missidners do
- b'efOre- entiring upon the performance of value of real property for purposes of taxation (RULES"OF:COCIRT, Rule 67, Sec. 2).
their duties? \ . I Upon compliance with the requirements, ti,Missuance of the writ of possession becomes
ANS: The commissioners shall t e;:and_subs,cn e ap oath that they will faithfully ministerial (Biglang-Awa v. Bacalla, G.R. No. 139927, November 22, 2000).
perform their dutieJ4v comiDis,§tOftetsjaidg:5\_WIT's aii pe filed in court with the other
proceedings in the cas N (RULES
-.., .....,...i. OF,COXISBul -Ntea'6 i ff Q: When may the government take immediate possession in cases involving
national government infrastructuie projects?
0/ fA
Q. What is the duty of he comminionets. after they have passed upon a ANS: Upon the filing of the complaint or at any time thereafter, and after due notice to
property? the defendant, the implementing agency shall immediately deposit to the court in favor
ANS: The commissioners shall file a report of their proceedings within 60 days from of the owner the amount equivalent to the sum of:
notice of their appointment, subject to extension by the court. The report shall not be 1. 100% of the value of the land based on the current relevant zonal valuation of
effectual until the court has accepted the report and rendered judgment in accordance the Bureau of Internal Revenue (BIR) issued not more than three (3) years
with their recommendations. The parties may file objections to such report within 10 prior to the filing of the expropriation complaint;
days from notice thereof (RULES OF COURT, Rule 67, Sec. 7). 2. The replacement cost at current market value of the improvements and
structures as determined by:
Q: What may the court do with the report? a. The implementing agency;
ANS: The court may, after hearing, take any of the following actions with respect to the b. A government financial institution with adequate experience in property
commissioners' report: (ARSP) appraisal; and
1. Accept the report and render judgment in accordance therewith; c. An independent property appraiser accredited by the BSP.
2. Recommit the same to commissioners for further report of facts; 3. The current market value of crops and trees located within the property as
3. Set aside the report and appoint new commissioners; or determined by a government financial institution or an independent property
4. Accept the report in Part and reject it in part (RULES OF COURT, Rule 67, appraiser to be selected as in the manner provided for by R.A. No. 10752
Sec. 8). (R.A. No. 10752, Sec. 6).
H. FORECLOSURE OF REAL ESTATE MORTGAGE Q: What is the effect of the sale of the property mortgaged?
ANS: It shall have the following effects:
Judicial Foreclosure (Rule 68)
1. The sale shall not affect the rights of persons holding prior encumbrances
Q: What matters must be alleged in an action for foreclosure of mortgage? upon the property or part thereof;
ANS: The following must be alleged in a complaint for an action for foreclosure of 2. When the sale, upon motion, is confirmed by the court, it shall operate to
mortgage: (DANDON) divest the rights in the property of all the parties to the action and to vest their
1. The Date and due execution of the mortgage; rights in the purchaser, subject to such rights of redemption as may be allowed
2. Its Assignments, if any; by law; and
3. The Names and residences of the mortgagor; 3. When the order of confirmation becomes final or upon the expiration of the
4. A Description of the mortgaged property; period of redemption when allowed by law, the purchaser at the auction sale or
5. A statement of the date of the note or other documentary evidence of the the last redemptioner, if any, shall be entitled to the possession of the property
Obligation secured by the mortgage, the amount claimed to be unpaid thereon; unless a third party is actually holding the same adversely to the judgment
and obligor. The said purchaser or last redemptioner may secure a writ of
6. The Names and residences of all persons having or claiming an interest in the possession, upon motion, from the court which ordered the foreclosure
property subordinate in right to that of the holder of the mortgage, all of whom (RULES OF COURT, Rule 68, Sec. 3).
shall be made defendants i . eactia RULES OF COURT, Rule 68, Sec. 1).
Disposition of Proceeds of Sale
Q: What is the purpose &lore sur eal\est e mortgage? Q: How shall the amount realizecifrom,tbe foreclosure be disposed of?
ANS: Its purpose is toAveflie,pperbpseizecLa4 so)d,by court order to the end that ANS: It shall be disposed of as follsiws:
the proceeds there‘dfAe *pie to the paymeht of p dir tiitfs claim (Ocampo v. 1. The cost of sale shall betledyqteOirst:,_
Domalanta, G.R. No. MOW' Augusr307(g67):-.. 2. After deduction of costs,4 sklikta:OtOtie„P.9rapAforeclosing;
4:)-1 7 r 7 ),K:- -w
--
Q: In a judicial foreclosure, rnayhtbe4,1aintiff pray fo specific performance or
3. When there is balance orresidpe, after 'payirig'lha! mortgage debt due, the
same shall be, paid to junior enqumbrancers in thejorder of their priority, as
recovery of a s m of ponem in the sarneAction? 1 (J ascertained by the court or, :,„-1,
,
ANS: No. An ahio of speciffo-f- )erformariqe or recovery of sum 91.mpey is an ordinary 4. If there be np;,!st.kch encumbrarers or there be. 4betance or residue after
civil action whit udicial foreblosbreA-a specialcivil action aridthe joinder of special payment to them, the residue goes to the mortgagor or Jlis authorized agent,
t orclinary Ail actiorrLislIrohibited
civil actions toyan (RULES OF-Cy:MT, Rule 2, Sec or any,otfier person' entitled to it (RULES OF COURT, Rule 68, Sec. 4).
::___,,...,,,
&(b)). -
K"1
. Deficiency Judgment
Judgment on Forec osure forPayment orSale- `v '41
Q: What is the effect of-deficiencyijUdgOent?
Q: What is the judgmenkon\c fore ° cr'a
't'\\ \/
oip2,y,rrient or pale? ANS: There is a Veficierib-yludgment wheqafter the application of the proceeds of the
ANS: It is the juda•Qent of he co rtplertr.lthellebtor to-pay wit 'n a period of not less foreclosure sale, there is still balance due the plaintiff and the court renders judgment
than 90 days nor Rieke than 1941,da, s-flon14'Retryd.of jt4gmepf after ascertaining the against the defendant ifor such balance i.i‘iFri7Plaintiff's motion (RULES OF COURT,
amount due to the plainc ytIES,AO.E.gaar,„Rrire 68, Rec. 2). Rule 68, Sec. 6). „
-10
Q: What shall the judgmen'tsIate? Instances when Court'CannotRenderDeficiency Judgment
ANS: The judgment shall state tre'following:
Q: State the instances when'the court cannot render a deficiency judgment.
1. An ascertainment of the amount due the plaintiff upon the mortgage debt or ANS: The court cannot render a deficiency judgment in the following cases: (RND-TE)
obligation, including interest and other charges as approved by the court, as
1. Recto Law (CIVIL CODE, Art. 1484, Par. (3));
well as costs;
2. When the mortgagor is a Non-resident and is not found in the Philippines;
2. A judgment for the sum found due;
3. When the mortgagor Dies, the mortgagee may file his claim with the probate
3. An order that the amount found due be paid to the court or to the judgment
court (RULES OF COURT, Rule 86, Sec. 7);
creditor within a period of not less than 90 days nor more than 120 days from
4. If mortgagor is a Third person but not solidarily liable with the debtor; and
entry of judgment; and
5. In case of a mortgage debt due from the Estate of a deceased mortgagor and
4. An admonition that in default of such payment, the property shall be sold at
public auction to satisfy the judgment (RULES OF COURT, Rule 68, Sec. 2). the mortgage creditor availed of the third remedy which is to rely upon his
mortgage alone and foreclose within the statute of limitations (RULES OF
COURT, Rule 86, Sec. 7).
Sole of Mortgaged Property: Effect
Q: What shall the court do if the defendant fails to pay the amount of the Extrajudicial Foreclosure (Act 3135. as amended)
judgment within the period specified therein? Q: What is extrajudicial foreclosure?
ANS: The court, upon motion, shall order the property to be sold in the manner and ANS: Extrajudicial foreclosure is when the mortgagee is given a special power of
under the provisions of Rule 39 and other regulations governing the sales of real estate attorney to sell the mortgaged property by public auction, under Act No. 3135. It must be
under execution (RULES OF COURT, Rule 68, Sec. 3). stipulated in the contract (ACT No. 3135, Sec. 1).

550 551
 „ .41-sitY

Q: What is right of redemption? • Period

ANS: Right of Redemption is the right of mortgagor to redeem the mortgaged property
within one year from the date of registration of the certificate of sale (ACT No. 3135, Period is 90 to 120 days after entry of Period is 1 year from the date of
Sec.6). judgment or even after foreclosure sale registration of the certificate of sale (Act
but prior to confirmation (RULES OF No. 3135, Sec. 2).
Judicial Foreclosure versus Extrajudicial Foreclosure COURT, Rule 68, Sec. 2).
Q: Distinguish judicial foreclosure from extrajudicial foreclosure. Griverning Law
ANS: The differences are the following:
Rule 68 of the Rules of Court. Sections 29 to 31 of Rule 39 of the
Judicial Foreclosure Bxtrajticlidcal Foreclosure Rules of Court.
As to Governing LaW • •:. •

as Q: Can there be a right of redemption in judicial foreclosure?

Governed by Rule 68 of the Rules of Governed by Act No. 3135,
amended.
ANS: As a general rule, there is no right of redemption only equity of redemption,
Court.
however, there is right of redemption if the mortgagee is a bank or banking institution as
. • provided by the General Banking Law (G$JS v. CFI of Iloilo, G.R. No. L-45322, July 5,
As to requirement of an IndeperideritAcitioo.
1989).
•k.
Ildesotquire the filing of an action.
Q: Can there right of redemptic414C'tandicial foreclosure?
ANS: The mortgagor has the right ktr-4Arn the property within the period of one (1)
• year from the registration of thedeSd,,itileftjaield Reality Inc. v. CA, G.R. No.
As to Necessity of Court IntenientioTh :!
138978, September 12, 2002),. How99,0WW14W-thdlriloggapr is a juridical person it
It requires cou ir7ildefitiont No•court rterve ntio wsknecessary. shall have the right to,,redeem the pr9perr,ty until, but not after, the registration of the
1. 4
certificate of foreclosuf:efs' ale with thel3egister of Deeds whiCifip no case shall be more
't
As to Existence of Right than three (3) monthAaftpr forecipSUre$whichever is earlter(R.A. No. 8791, The
8 "'.4= / General Banking LawAS2000,i1Sec. 47, p q2).
:There is only ajlixeoquity ok redempterrriL ,".Rig
Ri of jedemptton.exists within 1 year
,and no right '4:)f•legl,eti
rnpto-ilkcept who:re:L. th 1:6:g!tralion dile certificate of The General Banking Laws of 2000 (Sec..-'4Z R.4 8791)
the mortgagee is.a•banlar iOns \ u ion., sale in,t e_register.ofdeeds.
Q: What is the:it'ederitiptioriperiodjor natural perioriVonIfOreclostire of mortgage
• As to Manner•of Recoveiing 1-Aeficiency• • involving banks? .0'17.;..4
. ANS: The mortgag9p:or-idebtx, who/is a natural person, whose real property has been
o&d9ficipcy ju,ce,lrient because there sold for the full or partial payment of his Obfiggqp shall have the right within one (1)
roceeding but the year after the sale of th'e,real'!'estate, to rekertilttplgpe,
V. The one-year redemption
=Eecd1V•kofOie deficiency is allowed period should be counted from the;datAll&vregistration.of the certificate of sale with
r trougp‘arrincrependent action. the Register of Deeds ,(SUNDIANG AQUINO, Reviewer on Commercial Law (2016), p.
,
339).
(1 RIANO, Civil Procedure, sup;114323):-.- -
Q: Is the rule the same for juridical persons?
Equity of Redemption versus Right of Redemption ANS: No. A juridical person, whose property has been sold pursuant to an extrajudicial
foreclosure shall have the right to redeem the property but not after the registration of
Q: Distinguish equity of redemption from right of redemption.
the certificate of foreclosure sale with the proper Register of Deeds which in no case
ANS: Equity of redemption and right of redemption varies in the following aspects:
shall be more than three (3) months after foreclosure, whichever is earlier (R.A. No.
8791, Sec. 47, Par.2).
Equity of Redemption
Q: What is the rule as to the redemption price?
ANS: Redemption may be exercised by paying the amount due under the mortgage
The right of the defendant mortgagor to The right granted to a mortgagor to deed, with interest thereon at the rate specified in the mortgage, and all costs and
extinguish the mortgage and retain reacquire the property even after the expenses incurred by the bank or the institution from the sale and custody of said
ownership of the property by paying the confirmation of the sale and the property less the income derived therefrom (R.A. No. 8791, Sec. 47, par.1).
debt within 90 to 120 days after the registration of the certificate of sale (1
Q: Who shall take possession of the foreclosed property?
entry of judgment or even after the RIANO, Civil Procedure, supra at 316).
ANS: The purchaser at the auction sale concerned whether in a judicial or extrajudicial
foreclosure sale but prior to confirmation
foreclosure shall have the right to enter upon and take full possession of such property
(Sibug v. Suba, G.R. No. 137792,
immediately after the date of the confirmation of the auction sale and administer the
August 12, 2003). same in accordance with law (R.A. No. 8791, Sec. 47, par.1).

552 553
L PARTITION Partition by Commissioners: Appointment of Commissioners: Commissioner's
Report: CourtAction Upon Commissioner's Report
Q: What is partition?
ANS: Partition, in general, is the separation, division and assignment of a thing held in Q: What shall the court do if the parties fail to agree upon a partition of the
common among those to whom it may belong (CIVIL CODE, An. 1079). property?
ANS: The court shall appoint not more than 3 competent and disinterested persons as
Who may File Complaint: Who should be Joined as Defendants commissioners to make the partition, commanding them to set off to the plaintiff and to
each party in interest such part and proportion of the property as the court shall direct
Q: Who may file an action for partition of real estate? (RULES OF COURT, Rule 69, Sec. 3).
ANS: A person having the right to compel the partition of real estate may file an action
for the partition of real estate (RULES OF COURT, Rule 69, Sec. 1). Q: What shall the commissioners do before entering upon the performance of
their duties?
Q: Who shall be made defendants in an action for partition of real estate? ANS: Before making such partition, the commissioners shall take and subscribe an oath
ANS: The plaintiffs shall join as defendants all other persons interested in the property that they will faithfully perform their duties as commissioners, which oath shall be filed in
(RULES OF COURT, Rule 69, Sec. 1). court with the other proceedings in the case (RULES OF COURT, Rule 69, Sec. 4).
Matters to Allege In the Complaint for Partition Q: What is the duty of the commissioners about their proceedings in the
T partition? ,
Q: State the matters that shofild be alleged in tie iaint for partition.
ANS: The complaint fory0iticzn Not contain fhelfollowi g. ID) ANS: The commissioners shall makelaAfplp,and accurate report of the proceedings as to
1. The Nature and eVept beVaTritifftlitle the partition, or assignment of thWr3/0
4 R4rale to one of the parties or the sale of the
2. Join as deier(ontftll eottu r59nattp.restqintItepn‘perty; and same (RULES OF COURT, Rule 69 Sec 6)
3. An adequate L)e)eri tion of the Lreaal
l estate, of Whic artition is demanded Q: What may the court do 1/lAtilfhekcOtpipithibnirs!App)32;
(RULES' CO RT Rule p, ANS: Upon expiration of the too
4ct to the reportOr when the parties have filed
Two Stages in frvervAction for Partitidki „ their objections or agreipent to it, the ,ourt may, upon hearing
1. Accept the reportAnd rendfiTjaagment in accordance with it;
Q: What are tbe4tw9 stages In anzOtio,r1FOryatitionR 2. Recommit,thkepOrpoqhe comrOsioners for funAereP9rt of facts;
ANS: The folloyeing„4 the stages f' 3. Set asjdpithe repprtiand appoint new commissioners or
1. The prgNape is-take, deterniiiiilion of wileth„er) or not co-ownership in 4. Acceprthe report' in Part and rOte t it in part .(RULES O.F. COURT, Rule 69,
fact etxists nd ,palitiorrjp-pr er711,Agyothemksa legally proscribed SecA70
and nrry 3oluntrn, a6re Ten the parties interested in the
property; Judgment and its EffeetSk
<NS:VI Vrt,
2. The second stage . cortm9 cect s Oen • • pearsathat the/parties are unable
Q: What is the nature of a judgment in 0,ttition?
to agreatron the pqt Rion-airec tkla thefaourt. that event, partition
ANS: A judgment brqerinepartition witi:jdarn-ages, is final and duly appealable,
shall be d .1v, for th;e4pee vi'lelheassistance of not more than
notwithstanding the faettWhioli peTti9neRtepi1§:„!0, pMke,jon, that further proceedings
3 commissioners ,(D on v.,4ernatiasrG.ekNoli:172367, June 5, 2009).
will still have to take place in theqnal court (De Mesa v. CA, G.R. No. 109387, April 25,
1
Orderof Partition and Pa itibn byAgr fn2ent _
A 1% 1994).

Q: What are the modes of Partition? Q: Give an outline of the contents of a judgment in a partition and its effects.
ANS: Partition may be made in either of two ways: ANS: The following are the contents and effects of a judgment in a partition:
1. By agreement of the parties; or 1. If actual partition of property is made, the judgment shall state definitely, by
2. By judicial proceedings under the Rules of Court (CIVIL CODE, Art. 496) when metes and bounds and adequate description, the particular portion of the
the parties cannot reach an agreement (Figuracion-Gerilla v. Vda. de estate assigned to each party. The effect of the judgment shall be to vest in
Figuracion, G.R. No. 154322, August 22, 2006). each party to the action in severalty the portion of the estate assigned to him;
2. If the whole property is assigned to one of the parties upon his paying to
Q: What shall the court do if it finds that the plaintiff is a co-owner and a co- the others the sum or sums ordered by the court, the judgment shall state
ownership exists between him and the defendants and that no legal impediment the fact of such payment and of the assignment of the real estate to the party
to a partition exists? making the payment, and the effect of the judgment shall be to vest in the
ANS: The court, upon finding that the plaintiff has a right to the partition of the real party making the payment the whole of the real estate free from any interest
estate, shall order the partition of the property (RULES OF COURT, Rule 69, Sec. 2). on the part of the other parties to the action; and
3. If the property is sold and the sale confirmed by the court, the judgment
Q: What shall the parties do after the court shall have ordered a partition? shall state the name of the purchaser or purchasers and a definite description
ANS: The parties may choose to partition the property among themselves by proper of the parcels of real estate sold to each purchaser, and the effect of the
instruments of conveyance. The court shall confirm the partition so agreed upon and it judgment shall be to vest the real estate in the purchaser or purchasers
shall be recorded in the Registry of Deeds in the place in which the property is located making the payment or payments, free from the claims of any of the parties to
(RULES OF COURT, Rule 69, Sec. 2). the action (RULES OF COURT, Rule 69, Sec. 11).

554 555
 Partition of PersonalProperty the cause of action
accrues, RTC has
Q: May partition of personal property be made?
jurisdiction (Penta Pacific
ANS: Yes. The provisions on the rule on partition shall apply to partition of estates Realty Corporation v. Ley
composed of personal property, or of both real and personal property, in so far as the
Construction and
same may be applicable (RULES OF COURT, Rule 69, Sec. 13).
Development Corporation,
G.R. No. 161589,
Prescription of Action
November 24, 2014).
Q: Does the right to demand partition prescribe?
ANS: As a general rule, no. The right of action to demand partition does not prescribe, Rule 70
except where one of the interested parties openly and adversely occupies the property
without recognizing the co-ownership in which case acquisitive prescription may set in
Definition and Distinction
(Capitle v. Gaban, G.R. No. 146890, June 8, 2004).
Q: What is forcible entry?
J. FORCIBLE ENTRYAND UNLAWFULDETAINER ANS: Forcible entry is the possession of a land by the defendant by force, intimidation,
Differentiated from action public/dna an .accioareinvindicatoria
threats, strategy or stealth (RULES OF CpLIRT, Rule 70, Sec. 1).

Q: What are the 3 kindsd,of":46(sorlraCtiii:A4 lia4Orqperty? Q: What is unlawful detainer?

o psessory.aetion=e4e prep are:
ANS: The different kindsos ANS: Unlawful detainer is the unia*.4.11*,4pssion of a land by the defendant after the
Accion • expiration or termination of the 'right '2440Old possession, by, virtue of any contract,
' • express or implied (RULES OF COURTAlegQASep, 1). ..;5'
Accion interdictal ' Accion Publibiana• • • '• -.?.
As tb Nature . • . Q: Distinguish forcible entry from unlawful detainer.
0 ANS: Forcible entry differs from unlawradetainer in the folloWing aspects:
Summary action for the 1--Plenary-rfaction—forithe • ‘An j ction for the
Ir
recovery of.--panysical recpyer,y1Wthe7Leal rig, t of re-dorife6y of • • Forcible Entry
1 Unlawful Detainer
possession where the possetsiOrt.2•Abere i the owaOspip, which
dispossessio has tno disposdOdiail has) j Sled necessarily includes As to Prior Physical Possession
lasted forore oe rmqtelhan-one- 1 -11 ear, th,9,4 'recovery of \ •
The plaintiftpstsgov5lat he was i 1 The plaintiff,nedd,oqhave been in prior
(1) year (E 6 amen . (Serdigc/i/Or,!..y A.S7Ss. )podse,,ssion (Viray v. prior physical poss9ssjon of. , th41 physicals' possession :(Go v. Looyuko,
Amigo, G.R. 'No. 169793; x- Z513 rtOIi raor',4t> 4 ---/No. Usi, ,G.R. No. 192846, premises untilte waids,prived tliereo64',1 G.R. No. 196529; ditty 01, 2013).
September 15N006).\ \\:li 3284.95pbW31,998) Novimber 21, 2012).
by the defendant,(Mangaser v. ,Ugay,
AS to Purpoie• G.R. No. 204926,becembe'o, 2014).

It is intended to prolda driC is•-...ta—procAip:dgt 'It is an action . As to Nature of Possession

expeditious means Nt. elermineAheaAettdr,..11ghf whereby a party Possession of the lanq, is unlawful from
possessi60-of„.44realty claims recovery of The possession of the defendant is
protecting actual the beginning (Dela Crtg-.vMermano,
possession or right to independently of title ownership over the inceptively lawful but it becomes illegal
property including the G.R. No. 160914, March 25, 2015). by reason of the termination of his right
possession of property (Valdez v. CA, G.R. No. to the possession of the property under
(Javier v. De Guzman, 132424, May 2, 2006). possession thereof
(Valdez v. CA, G.R. his contract with the plaintiff (Santos v.
G.R. No. 186204,
No. 132424, May 2, Ayon, G.R. No. 137013, May 6, 2005).
September Z 2015).
001 2006).
As to Necess ty of Demand
As to Jurisdiction A demand to vacate is not required As a rule, demand to vacate is
before the filing of the action (Dela Cruz necessary and jurisdictional in nature
All cases of forcible The RTC has jurisdiction if the value of the property
exceeds P20,000 outside Metro Manila; or exceeds v. Court of Appeals, G.R. No. 139442, (Lanuzo v. Munoz, G.R. No. 147372,
entry and unlawful December 06, 2006). May 27, 2004).
detainer (action P50,000 within Metro Manila. MTC has jurisdiction if
interdictal), irrespective of the value of the property does not exceed the above • As to Prescri ptive Period
the amount of damages or amounts (Vda. De Barrera v. Heirs of Legaspi, G.R.
unpaid rentals sought to be No. 174346, September 12, 2008). 1-year period is generally counted from 1-year period is counted from the date
recovered, should be the date of entry or taking of possession of last demand to vacate (Sarona v.
brought to the MTC. by use of force, intimidation, threat or Villegas, G.R. No. L-22984, March 27,
However, if not brought strategy. In case possession was taken 1968) or last letter of demand (DBP v.
within 1 year from the time throu. h stealth, the 1- ear seriod ma Canono , G.R. No. L-29422, Se atember

556 557
 rtz.zz="p. ."4'.40•14:1T

be counted from the demand to vacate 30, 1970). Q: In a forcible entry action, is the failure to allege when the entry was
upon learning of the entry by stealth accomplished or when the respondent learned of such entry fatal?
(RULES OF COURT, Rule 70, Sec. 1). ANS: Yes. Failure of respondent to allege the time when unlawful deprivation took place
is fatal because this will determine the start of the counting of the one-year period for the
Who may Institute the Action and When; Against whom the Action may be filing of the summary action of forcible entry. When the complaint fails to aver facts
Maintained constitutive of forcible entry or unlawful detainer, as where it does not state how entry
was effected or how and when dispossession started, the action should either be action
Q: Who may file an action for forcible entry or unlawful detainer? publiciana or reinvindicatoria in the RTC or in the MTC depending upon the assessed
ANS: They are the following: value of the property (Jose v. Alfuerto, G.R. No. 169380, November 26, 2012)).
1. In forcible entry, the person entitled to the possession of the land or building
who is deprived thereto by way of force, intimidation, threat, strategy or stealth; Q: What should be alleged in a complaint for forcible entry?
and ANS: It must allege that:
2. In unlawful detainer, the lessor, vendor, vendee or other person against 1. The plaintiff has prior physical possession of the property; and
whom the possession of any land or building is unlawfully withheld after the 2. The plaintiff was deprived of his possession by any of the means provided for
expiration or termination of the right to hold possession, by virtue of any in Sec. 1, Rule 70 of the Rules of Court namely, Force, Intimidation, Strategy,
contract, express or implied,(RULES.OF COURT, Rule 70, Sec. 1). Threat, or Stealth (FISTS) (RULES OF COURT, Rule 70, Sec. 1).
T T •
Q: Against whom ma action f forcIply ety%c unlawful detainer be
fc Q: What should be alleged in a complaiptfor unlawful detainer?
)
maintained? ANS: It must allege:
ANS: The action of Qrgiple, entryand detakti... - cnaAetqacraVbect against the person or 1. Initially, possession of prppertyYbyfthe defendant was by contract with or by
persons unlawful! withhplding,.or*deprivirig of possepsial,:or ny person or persons tolerance of the plaintiff; : /

claiming under t rn R , LigS O F COURT,Mule,-70, Sec. iy 2. Eventually, such possession became 4'illegal,, upbn notice by plaintiff to
4i. 47„,. Li,
,f . iTh , defendant of the: termination of the latter's right of posession;
Q: In case C...0.979patio by mere tolerance, hen tij unlawful detainers 3. Thereafter, the,defendant remained in possession ofitbe property and deprived
proceedings liejastluted? 11 the plaintiff ot;tne•enjoymenfthVepf; and
f-i. llt! •- --,7 ,,i.
ANS: Where defendalt's ent uport7the'land-was-With . he plai , tiff's tirance right from 4. Within one year fi•qmi.the last derhand on defendant to vacate the property, the
the date and f eQtry, .11a ul deteinejl)Pibbbedingsfiuv bv Ifiglijuled within one (1) plaintiff instituted "'the complail for ejectment ,̀(Ron2ifflo v. Samahang
year from the emaniol o IrA? varst:6'.-.1 71ber.e-isle Ipplie,d, promise on his part to MagicakapitbahaY ng BayaniharXgompound Homeowners Assoc., Inc., G.R.
vacate upon de arl)( Ijo Sunyar Realr G..,.,_/ Aa7 194880,clu e 20, 2012). No X180687 ,OCtOber 6,.2010).
‘4,:(
7
PleadingsAllowed \i When Demand is.Neceisaty
- 4.zrj
Q: What are the illadingsktlovf:jprAn-appopley ejectment? Q: When is demand necessary in Onlawtful detainer?
ANS: Since ejectmtV is gOVeEoti-,,b, ' tttli/eq on tItzitn
‘ y. Procedure, the only ANS: In case the actiort.is foNunlawful det4iipgdiexpand shall be an essential requisite
pleadings allowed to be ilecIfS9,9-TNollowing 4'‘ ' before the action may ligYrdbmmengep,byltbeililein:tifeAttekaction may be brought only
1. Complaints; after the demand to pay or complywith the conditions of the lease and to vacate is
2. Compulsorycounterblat ) I 1
( ns; IklA IN:t''
). ,...0- : made and the lessee:Ails .to` so (RULES OF COURT, Rule 70, Sec. 2).
3. Cross-claims pleaded in-go-answer-rano Consequently, both derriancls;;;4. either to pay rent or adhere to the terms of the lease
4. Answers thereto (Revised Rules on Summary Procedure, Sec. 3, par. (a)). and vacate are necessary to make the lessee a deforciant in order that an ejectment suit
may be filed. It is the lessor's demand for the lessee to vacate the premises and the
Action on the Complaint tenant's refusal to do so which makes unlawful the withholding of the possession. Such
Q: What is the effect of non-compliance with conciliation proceedings prior to the refusal violates the lessor's right of possession giving rise to an action for unlawful
detainer (Dio v. Concepcion, G.R. No. 129493, September 25, 1998).
filing of an ejectment complaint?
ANS: In case conciliation is required and there is no showing of compliance with such
requirement, the case shall be dismissed. The dismissal, however, is one without Q: What is the form of the demand in unlawful detainer?
prejudice. Hence, the case may be revived but only if the conciliation requirement is ANS: It may be in the form of a demand to pay or comply with the conditions of the
lease and to vacate is made upon the lessee, or by serving written notice of such
complied with (RULES OF COURT, Rule 70, Sec. 12).
demand upon the person found on the premises if no person be found thereon (RULES
OF COURT, Rule 70, Sec. 2). Demand in unlawful detainer cases can be oral. The law
Q: What action will the court make upon receipt of the complaint?
does not require it to be in writing (Jakihaca v. SpousesAquino, G.R. No. 83982,
ANS: The court may, from an examination of the allegations of the complaint and such January 12, 1990). It is a jurisdictional requirement (Cetus Development Corp. v. CA,
evidence as may be attached, dismiss the case outright on any of the grounds for the
G.R. No. 77647, August 7, 1989).
dismissal of a civil action apparent therein. If no ground for dismissal is found, the court
shall issue the summons (RULES OF COURT, Rule 70, Sec. 5).

558 559
Preliminary Injunction and Preliminary Mandatory Injunction disobedience to the Court by acting in opposition to its authority, justice and dignity. It
signifies not only a willful disregard or disobedience of the court's orders, but such
Q: What is the purpose of a preliminary injunction?
conduct as tends to bring the authority of the court and the administration of law into
ANS: It is intended to prevent the defendant from committing further acts of disrepute or in some manner to impede the due administration of justice (Lee v.
dispossession against the plaintiff (RULES OF COURT, Rule 70, Sec. 15). Regional Trial Court, G.R. No. 146006, April 22, 2005).
Note: The plaintiff may ask for a writ of preliminary injunction within five (5) days from
filing of complaint and the same shall be decided within 30 days from the filing thereof Q: What is the reason for the power to punish for contempt?
(Id.). ANS: Respect of the courts guarantees the stability of their institution (Lorenzo Shipping
Corporation v. Distribution Management Association of the Philippines, G.R. No.
Q: What is the purpose of the preliminary mandatory injunction? 155849, August 31, 2011).
ANS: It is intended to restore plaintiff in his possession (RULES OF COURT, Rule 70,
Sec. 20). Kinds of Contempt
Resolving Defense of Ownership Q: What are the kinds of contempt?
ANS: They are:
Q: In an action for unlawful detainer in the MTC, does the assertion of the 1. According to nature:
defendant of the issue of ownership..uverA e subject property divest the MTC of a. Criminal; and
its jurisdiction? b. Civil;
'.- -
ANS: No. The assertioneof the kendantAfsue,okrnership
thesis over the subject
2. According to the mannerttcommission:
property does not divest the infenor0courkAkits4msdictioR arkd the summary nature of a. Direct; and
the proceedings re5a‘fgh,obserRefugia v. CA, GeNo. 118284, July 5, 1996). b. Indirect or Constrk().T '.grenkg Shipping,,gorporation v. Distribution
Q: May the couryt
1' N('- ,A\
NV-------77-------
'fftnglhe case forleje5mer0 resokve theei§gueiof ownership?
Management AssodlitionFoktidrP ilippine4G.R. No. 155849, August
31, 2011). " f ail'
ANS: Yes, but my wh6n the/defendant faiseethe issue of'toligneR -p in the pleadings
and the issue (I possession cannot 126,fiesolved without (Kaling ith the issue of Purpose and NatureefEac" ise
ownership (B. ,. Te.09, Set. 33,(2)). Th*determination is mere AT' visional and for it „.,?"
to be settled itiisfinality, a separite—attiOn4414ie necessa (RULES OF COURT, Q: Distinguish civil .contempt:from crinfhal contempt.
imi .____11E_..,7; 1........# ANS: Civil contempt' is the'failure to do something ordered to e done by a court or by a
Rule 70, Sec. - i
judge in a civil iotion forAie benefit'ath'eiopposing party therein The delineation line
How to Stay theinimediaca xecutiomofiJudgmenti, may be drawn Ifdrn,„theVposetoz. powempAexelR)Regqihere the primary
1LP I V \(.),\\ r-_;.., I .i-';(,.•77' if /4:s' purpose is to preserve titaOburt's authority to punistit6iThiliob011ence of its orders,
Q: What steps must the defendantlakelfheswaQ s to stay the; execution of the the contempt is‘giviii-4).0 .fiere''t4 primary purpose isingide a remedy for an
judgment? (PBD) injured litigant and to)doerce\ compliance with an order, the contempt is civil (Republic v.
ANS: Defendant myst take the fq o ing,steps-t Nstay the execution of the judgment: Baes, G.R. No. 139464i. SepteMber 9, 2005)..
1. Perfect an‘appeal ezliTCENT,..- \ tk,
2. File a superse,cleap'Wto„oxfsibe, Teritsi,dafffiages and costs accruing up
Q: When is direct contempt committed? s',faa
to the time of the,judgr,nAt apnaladflomZprid-, ANS: The following acts onstiti*Pdirect contempt: (MDO-SAF)
3. Deposit periodicairk<mitht the FIT,Ctidhlind he pendency of the appeal, the 1. Misbehavior irrth;e:,prasence of or so near a court as to obstruct or interrupt the
adjudged amount of monthly.terat,dire nder the contract or in the absence
proceedings befOrYtire' same;
thereof, the reasonable value of the use and occupation of the property 2. Disrespect towards the court;
(RULES OF COURT, Rule 70, Sec. 19). 3. Offensive personalities towards others;
4. Refusal to be Sworn or to answer as witness;
Q: Is the judgment of the RTC affirming the MTC immediately executory? 5. Refusal to subscribe an Affidavit or deposition when lawfully required; and
ANS: As a general rule, the judgment of the RTC against the defendant in an ejectment
6. Acts of a party or counsel which constitute willful and deliberate Forum
case is immediately executory (RULES OF COURT, Rule 70, Sec. 21). However, where
supervening events (occurring subsequent to the judgment) bring about a material shopping (RULES OF COURT, Rule 71, Sec. 1).
change in the situation of the parties which makes the execution inequitable, or where
there is no compelling urgency for the execution because it is not justified by the Q: What is indirect contempt?
prevailing circumstances, the court may stay immediate execution of the judgment (City ANS: Indirect contempt or constructive contempt is that which is committed out of the
of Naga v. Asuncion, G.R. No. 174042, July 9, 2008). presence of the court. A person who is guilty of disobedience or of resistance to a lawful
order of a court or who commits any improper conduct tending, directly or indirectly, to
impede, obstruct, or degrade the administration of justice may be punished for indirect
K. CONTEMPT contempt (Castillejos Consumers Association, Inc., v. Dominguez, G.R. No. 189949,
Q: What is contempt? March 25, 2015).
ANS: Contempt of court is a defiance of the authority, justice or dignity of the court;
such conduct as tends to bring the authority and administration of the law into disrespect
or to interfere with or prejudice parties, litigants or their witnesses during litigation. It is a

560 561
Remedy Against Direct Contempt: Penalty Contempt against Quasi-Judicial Bodies
Q: What is the remedy of a person adjudged in direct contempt? Q: May contempt be committed against quasi-judicial bodies?
ANS: The remedy of a person adjudged in direct contempt is not an appeal but a ANS: Yes. Rule 71 applies to contempt committed against persons or entities exercising
petition for certiorari or prohibition directed against the court which adjudged him in quasi-judicial functions or in case there are rules for contempt adopted for such bodies
direct contempt. Pending the resolution of such petition, the execution of the judgment or entities pursuant to law, the Rules shall apply suppletorily: The RTC of the place
for direct contempt may be suspended if the offender files a bond fixed by the court and where the contempt was committed shall have jurisdiction over such charges as may be
conditioned upon his performance of the judgment should the petition be denied filed therefor (RULES OF COURT, Rule 71, Sec. 12). These quasi-judicial bodies
(RULES OF COURT, Rule 71, Sec. 2). include the:
1. Securities and Exchange Commission — The chairman and commissioners
Remedy Against Indirect Contempt; Penalty
of the SEC must exercise the power of contempt judiciously and sparingly with
Q: What is the remedy of a person adjudged in indirect contempt? utmost self-restraint (SEC v. Recto, G.R. No. 129521, September 7, 1999);
ANS: The person adjudged in indirect contempt may appeal from the judgment or final and
order in the same manner as in criminal cases. The appeal shall not stay the judgment, 2. National Labor Relations Commission — Article 225 (d) of the Labor Code
unless the offender files a bond in an amount fixed by the court from which the appeal is provides for the rules on direct contempt. The Labor Code, however, requires
taken. Such bond shall be conditioned gpon„ha performance of the judgment or final the labor arbiter or the Commission to deal with indirect contempt in the
order if the appeal is decided agaiffir him la &,,-'0F COURT, Rule 71, Sec. 11). manner prescribed under F,44101 of the Rules of Court (Robosa v. NLRC,
G.R. No. 176085, FebruaryW2012).
How Contempt Proceedin:rare Commence
-..."
Q: Where should contempt chptggsm0p before persons, entities, bodies, and
Q: State the motley( comet ncing a roceedinalKinlIg •le,ctfontempt.
agencies exercising quasi-judicialnl0hpgainst
ANS: Indirect conjemp i4corpmenced either rougf aaformal charge initiated by the (2013 Bar)
, .,. , .. , r the,parties charged, be filed?
court motu propri, nil otigh a verifiV pekttioriT .,. ..
ANS: The RTC of the place,where coma t has beemcommitted shall have jurisdiction
1. Charge initia ed milli propno 1:19,ih&eburt — it is cmeticed by an order of over such charges as magie filedtherefo (RULES OF coureir; Rules 71, Sec. 12).
the same cotift or a y formal cflarge requiring the resp.oildent to show cause v-- P 't
why Ve should not 13"e punished for contempt. 1 ‘ ip,-*°4 1
2. Char'ffiltjlted
t by aomeopeOthialetha4i6e court — T e charge is commenced
by a veee petglofkaccoriOhl*E . by the stippg, rting iliarti91lars and certified :ito,,gT 4c1411):P PPEEPr19S
off
true qopiesi do,guTents_ox_pffp.rra• ,nvolveicf,t1:1,ein..lit,shall also comply with .0` ,,
the re'Flipit nts`f:ttleifilino2f rii:,initiat9 Orocee ingli- civil actions (e.g., A. SETTLEMEN710REST47F OFDECEASED PERS,OkSe l<EALISAND PROCESS
certification against-A:Irp atto.....pit, ' .e. cou , concerned (RULES OF '14, (5:4 *-1Y2r
Modes of SettlementeofEstate of a Deceased Person
COUR Rule 71, Se' ..S4).
Q: What are the msdes of settlement of estate of a deceased person?
Acts Deemed Punishable as In ANS: They are the f011owing:e
. Ns, 1. Extrajudicial SOffiehlent of Esta te4/30gp7pf,'„CQURT,
.
Q: What are the acts 4?t4nasy),Vnatitstezigrec contempt? Rule 74, Sea 1);
ANS: The following acts are eugli puninabke-as ipi:lite,contempt: (PDP-CASR) a. Extra judicial parAticie
1. Misbehavior of an o cerlof a ciputithilia*Verformance of his official duties or b. Self-adjUdjcatipht
in his official transactions, 2. Summary Settlamentof Estate of Small Value (RULES OF COURT, Rule 74,
2. Disobedience or resistance to a lawful writ, process, order, or judgment or any Sec. 2);
unauthorized intrusion to any real property after being ejected; 3. Judicial Settlement of Estate;
3. Any abuse or any unlawful interference with the Proceedings not constituting 4. Partition (RULES OF COURT, Rule 69);
direct contempt; 5. Probate of Will (RULES OF COURT, Rules 75-79); and
4. Any improper Conduct tending, directly or indirectly, to impede, obstruct, or 6. Petition for Letters of Administration in case of Intestacy (RULES OF COURT,
degrade the administration of justice; Rule 79).
5. Assuming to be an Attorney or an officer of the court without authority;
Which Court has Jurisdiction
6. Failure to obey a Subpoena duly served; and
7. Rescue, or attempted rescue, of a person or property in the custody of an Q: Which court has jurisdiction over the settlement of estate of a deceased
officer by virtue of an order or process of a court held by him (RULES OF person?
COURT, Rule 71, Sec. 3). ANS: It depends on the gross value of the estate.
1. In the settlement of estate, the MTC shall have jurisdiction when the gross
When Imprisonment Shall be Imposed
value of the estate does not exceed PhP300,000 (outside Metro Manila), or
Q: May a person guilty of contempt be imprisoned? does not exceed PhP400,000 (in Metro Manila);
ANS: Yes. When the contempt consists in the refusal or omission to do an act which is 2. If the gross value of the estate exceeds the above mentioned amounts the
yet in the power of the respondent to perform, he may be imprisoned by order of the action falls within the jurisdiction of the RTC (B.P. 129, as amended by. R.A.
court concerned until he performs it (RULES OF COURT, Rule 71, Sec. 8). 7691).

562 563
 1.±

Venue and Process 5. To Supervise and control all acts of administration;

6. Matters Incidental or collateral to the settlement and distribution of the estate,
Venue in Judicial Settlement of Estate
such as the determination of the status of each heir and whether property
Q: In what court may settlement of estate of a deceased person be filed? included in the inventory is the conjugal or exclusive property of the deceased
ANS: It depends: spouse (Aranas v. Mercado, supra).
1. If the decedent is an inhabitant of the Philippines (whether a citizen or alien) at 7. To approve the Sale of properties of a deceased person by his prospective
the time of his death, the venue of the action shall be the court of the province heirs before final adjudication; to determine who are the heirs of the decedent;
or city where he resides at the time of his death; the recognition of a natural child; the status of a woman claiming to be the
2. If the decedent is an inhabitant of a foreign country at the time of his death, the legal wife of the decedent; the legality of disinheritance of an heir by the
venue of the action shall be in the court of any province in which he had estate testator; and to pass upon the validity of a waiver of hereditary rights (Romero
(RULES OF COURT, Rule 73, Sec. 1). v. CA, G. R. No. 188921, April 18, 2012);
8. To order the Payment of lawful debts (RULES OF COURT, Rule 88, Sec. 11);
Extent of Jurisdiction of Probate Court 9. To hear and Approve claims against the estate of the deceased (RULES OF
COURT, Rule 86, Sec. 11);
Q: State the nature of the jurisdiction of the trial court in settlement proceedings
ANS: The trial court, sitting as a probate court, is primarily concerned with the: 10. To Direct the delivery of the estate to those entitled thereto (RULES OF
1. Administration; COURT, Rule 90, Sec. 1); and
2. Liquidation; and 11. To Authorize the sale, mortgagor any encumbrance of real estate (RULES
j
3. Distribution of,threstat (Union-Bank NT r
of,I,,e hlippines v Santibafiez., G.R.
OF COURT, Rule 89, Sap2)'
No. 14992 Feb 23;02055).
SummarySettlement of Estates
The general rule VI alfti) urjsdicior
-riEn the --
triartourt, either as a‘probate court or an Extrajudicial Settlement byAgreemenf betweerpthe:HeWhen Allowed
intestate court, rplates r1 y tilmattep ha/Q11aq do With ffi ife:liatte of the will and/or 4.6*".
settlement of thiestatelof dereaseeper$onslAt does1 not"iNenliel the determination Q: How may the estate4a'deceden.t belsettled if he left r,. 6,sq?vi
1 I I and no debts?
of questions ofhowsrspip tha arise ditrint)..itie_p
.l., r.oceedings T e...paterlt rationale for this ANS: If the decedent Ilfrigrwill and<9;06bts and the heirs areof age, or the minors
rule is that s 94,,,e-.
1 toeirt merely exaroisptspeci4and limited pjuri§d;ction (Aranas v. are represented by theAuKal or legal reYrsentatives duly autligrized for the purpose,
Mercado, G.R. No. 1146407, Anuaik,42;-.2014) 4..--- the parties may, witbift%e$95ifiVletters ofetdministration:i
--50.1 1. Divide the estateraiiiong themselves as they/see Ifit bye means of a public
Q: Are there ins Ir.-- st i
(1 an cs _h n the probalar:court ca 7a's ai ne cce
ei i
ption, determine instrument filed, in the office-of thDegister of deeds; and
questions of owneT1S, ip? ..;,.r" 5- I Ur' 2. ShouldPtheya`diUgsee,"4ey m4A do so liresixvOinw4ction of partition
ANS: The prob4ecou is atp:Rzed[toidptqcnitte h bsue„of ownership own erhipof properties (RULES OF RIST, Ruj474, SO 1).
for purposes of Ifieir inclkisiono?Actilgidp frog " 'e\- )i venlogry to be submitted by the !7 kfr
butIkti
rternlinatibA0.. rodlyte visioryl'unlesspe interested parties Q: What are the requirements in'ordetilth,a_t, tb! heirs may avail of extrajudicial
are all heirs of the ecedenNz f14qil iP.f of collation gr advancement, or the settlement of estate? A !:..4
TY- IK1:1
parties consent to thkesupption&jungdictiori °bate court and the rights of ANS: The requirementslforeextrajudicial .19,414eiNakap are the following:
third parties are not impaiFeb4(4FAIllhart e said 9t4esc(ould do as regards said 1. Decedent diegntestater' "
properties is to determine or not e tl th4
I
;NM d'included in the inventory of 2. There are no byltstanding debts at the time of the settlement;
properties to be administered yxth administrat M ere is no dispute, there poses no 3. Heirs are all of04eAr minors are represented by judicial guardians or legal
problem, but if there is, then the parties, he administrator, and the opposing parties representatives;
have to resort to an ordinary action before a court exercising general jurisdiction for a 4. The settlement is made in a public instrument or by means of affidavit in case
final determination of the conflicting claims of title (Id.). of a sole heir, duly filed with the Register of Deeds;
5. Publication of the extrajudicial settlement in a newspaper of general circulation l td
Powers and Duties of Probate Court
in the province once a week for three consecutive weeks; and
Q: State the powers and duties of a probate court. 6. Filing of a bond equivalent to value of personal property posted with Register rbri
ANS: The powers and duties of a probate court are the following (LAPIS-ISPADA): of Deeds (DE LEON & WILWAYCO, Special Proceedings Essentials for Bench
1. To grant Letters of administration to the party best entitled thereto or to any and Bar, (2015), pp. 30-31 [hereinafter DE LEON & WILWAYCO, Special
qualified applicant (RULES OF COURT, Rule 79, Sec. 5); Proceedings).
2. To issue warrants and process necessary to compel the Attendance of Note: With respect to real estate, there shall be a lien on the real estate in favor of the
witnesses or to carry into effect their orders and judgments, and all other creditors, heirs, or other persons for two (2) years after the distribution. This lien shall
powers granted them by law (RULES OF COURT, Rule 73, Sec 3); continue notwithstanding any transfer of real estate (Id).
3. To order the Probate of the will of the decedent (RULES OF COURT, Rule 76,
Sec. 13); Q: Upon publication, is the extrajudicial settlement binding upon all persons?
4. To issue a warrant for the apprehension and Imprisonment of a person who ANS: No. The extrajudicial settlement shall not be binding upon any person who has not
does not perform an order or judgment rendered by a court in the exercise of participated therein or had no notice thereof (RULES OF COURT, Rule 74, Sec.1).
its probate jurisdiction, until he performs such order or judgment, or is released
(RULES OF COURT, Rule 76, Sec. 13);

564 565
Affidavit of Self-Adjudication by Heir Q: To whom does the two-year prescriptive period apply?
ANS: The two-year prescriptive period applies:
Q: What may a sole heir do if his predecessor-in-interest left no will? 1. to persons who have participated or taken part or had notice of the
ANS: If there is only one heir, he may adjudicate to himself the entire estate by means extrajudicial partition, and
of an affidavit filed in the office of the register of deeds (RULES OF COURT, Rule 74, 2. when the provisions of Section 1 of Rule 74 have been strictly complied with,
Sec. 1). i.e., that all the persons or heirs of the decedent have taken part in the
extrajudicial settlement or are represented by themselves or through guardians
Summary Settlement of Estates of Small Value: When Allowed (Pedrosa v. CA, G. R. No. 118680, March 5, 2001).
Q: When may an estate be summarily settled?
ANS: Whenever the gross value of the estate of a deceased person, whether he died Remedies of Aggrieved Parties after Extrajudicial Settlement of Estate
testate or intestate, does not exceed Php10,000, the court may summarily settle the Q: State the remedies of parties aggrieved by an extrajudicial settlement of estate
estate, provided the following requirements are met: after the lapse of the 2-year prescriptive period.
1. The application must contain an allegation of the gross value of the estate ANS: The remedies are:
which does not exceed Php10,000; 1. An heir may file an action for reconveyance within 10 years, which is based on
2. A date of hearing shall be set by the court not less than 1 month nor more than an implied or constructive trust,pursuant to Article 1456 of the Civil Code
3 months from the date of last_p_u_b_llotorjof the notice of such hearing; (Tevez v. CA, G.R. No. 109963h;October 13, 1999); except when the property
3. There shall be an or er o heerinp p blushed once a week for 3 consecutive has passed to an innocoptSpkoppser for value, in which case the aggrieved
weeks in a newv per itgeneral dirc OloTinihvrovince; heirs may sue for darnage0 against their co-heirs who have perpetrated the
4. Notice shall beserifedffJPO uc erestad erscihs as the court may direct; fraud (PEZA v. Femancle40ir4fo. 138971, June 6, 2001);
and 2. Heirs excluded or who lipOciiliholedge of the extrajudicial settlement may
5. If persona propertyis to e-distritptedr-a ondAt,e aotunt fixed by the court file an annulment of tbe.Deed(4Exh;jblclici0 Settlement of Estate, which is
shall beiOacuted c Upon-pe pa ent off ust claims (RULES imprescriptible (Reillci'v. Sargiloge, G.R. No: 166383; June 18, 2009; Bautista
OF COd RTlie 71, Sec. 2). P. v. Bautista, G.F. No. 160556, *gust 3, 2007; MiCapabbad, Jr. v. Masirag,
G.R. No. 16147, January 14,?2009);
Q: What are tliefrinstances nhen-an-heirMay-be-compelledtto setle l the decedent's 3. In case of preterit* of a cOmptilsory heir in a partitionavith bad faith, he may
estate in couil? 47P:Y ask for theresciseiop of such pa pion (CIVIL CODE,PArt. 1104); and
ANS: The following/ are the Instandeswhen heir inay be corpi3elled to settle the 4. Petitipn `fOr relief on grounds of fraud, accident, mistake, and excusable
decedent's estate-tapputh---1 negligence (RULES OF COURTLRUle 38).
/ iPc,
1. An heir or other el' oqtras- beeriduly-depriV d of bis4awful participation in
the estate; 6\ '
Allowance orDisallowance of Wills
2. If it shall appear that ere are debts bittefanding agains the estate which
•
have n t been pti; in Nature of Probate Proceedings
3. An heir k other ersors! hasz,-beervu dePriced of Vs lawful participation
payable in money (RlIlLES)-b • c
-S11: J. -,--Ruleq4 Sec.4)T Q: State the nature of probate proceedin

Q: What is the prescn

,-Zft
''5ripd
, ---,,---......li
k: ‘,
w'thin w, oi-question the settlement and
ANS: Probate proceedings are:
1. In rem (Alaban,V. CA, p:R. No. 156021, September 23, 2005);
distribution of the estate? I 2. Mandatory (Id.! RULES OF COURT, Rule 75, Sec. 1);
ANS: The rules are as follows: 3. Estoppel is inappliCa6le (Fernandez v. Dimagiba, G.R. No. L-23638, October
1. If it shall appear, at any time within 2 years after the settlement and distribution 2, 1967); and
of an estate in accordance with either extrajudicial settlement by agreement 4. Imprescriptible (Guevara v. Guevara, G.R. No. L-5405, January 31, 1956;
between heirs or summary settlement of estate of small value, that an heir or ALBANO, Remedial Law Reviewer, Volume 2, (2016), [hereinafter 2 ALBANO,
other person has been unduly deprived of his lawful participation in the estate, Remedial Law supra at 18 citing Guevara v. Guevara, G.R. No. L-5405,
such heir or such other person may compel the settlement of the estate in the (1956); Mirasol v. Magsusi, G.R. No. L-12166 (1959); RULES OF COURT,
courts in the manner hereinafter provided for the purpose of satisfying such Rule 75, Sec. 1; CIVIL CODE, Art. 838; Solivio v. CA (1990)).
lawful participation (RULES OF COURT, Rule 74, Sec. 4);
2. If it shall appear, within the same time of 2 years, that there are debts Q: May the probate court pass upon the intrinsic validity of the will?
outstanding against the estate which have not been paid, or that an heir or ANS: The general rule is that the probate court's authority is limited only to the extrinsic
other person has been unduly deprived of his lawful participation payable in validity of the will, the due execution thereof, the testator's testamentary capacity and
money, the court having jurisdiction of the estate may, by order for that the compliance with the requisites or solemnities prescribed by law. The intrinsic validity
purpose, after hearing, settle the amount of such debts or lawful participation of the will normally come only after the Court has declared that the will has been duly
and order how much and in what manner each distributee shall contribute in authenticated. Said court at this stage of the proceedings is not called upon to rule on
the payment thereof (RULES OF COURT, Rule 74, Sec. 4); and the intrinsic validity or efficacy of the provisions of the will (Acain v. IAC, G.R. No.
3. If on the date of the expiration of the same period of 2 years the person 72706, October 27, 1987).
authorized to file a claim is a minor or mentally incapacitated, or is in prison or
outside the Philippines, he may present his claim within 1 year after such
disability is removed (RULES OF COURT, Rule 74, Sec. 5).
567
566
As an exception, it is well within the jurisdiction of the probate court to pass upon the If any or all of them testify against the due execution of the will, or do not
intrinsic validity of the will if probate proceedings might become an idle ceremony due to remember having attested to it, or are otherwise of doubtful credibility, the will
the nullity of the will (Morales v. Olondres, G.R. No. 198994, February 3, 2016). may nevertheless, be allowed if the court is satisfied from the testimony of
other witnesses and from all the evidence presented that the will was executed
Who may Petition for Probate; Persons Entitled to Notice and attested in the manner required by law.
2. In case of a holographic will, the same shall be allowed if at least three (3)
Q: Who may file a petition for the allowance of a will? witnesses who know the handwriting of the testator explicitly declare that the
ANS: The following persons may file a petition for the allowance of a will: will and the signature are in the handwriting of the testator; in the absence of
1. The executor named in the will; any competent witnesses, and if the court deem it necessary, expert testimony
2. The devisee or legatee named in the will; may be resorted to (RULES OF COURT, Rule 76, Sec.11).
3. Any other person interested in the estate; or
4. The testator himself during his lifetime (RULES OF COURT, Rule 76, Sec. 1). Q: What is the required proof where testator petitions for allowance of holo-
Q: Who are entitled to notice of the probate proceedings? graphic will?
ANS: The designated or known heirs, legatees and devisees, and the executor or co- ANS: Where the testator himself petitions for the probate of his holographic will and no
executor shall be entitled to notice of probate. If the notice is sent by mail, it must be contest is filed, the fact that he affirms that the holographic will and the signature are in
made 20 days before the hearingY0liattrernR is iscbmersonal service, it must be made his own handwriting, shall be sufficient,evidence of the genuineness and due execution
10 days before the hearing the,,,!estator dsk ot? ttfallrance of his own will, notice thereof. If the holographic will is contested, the burden of disproving the genuineness
shall be sent only to his cci pulspryr.hei4. ffUL s OF CCUR , Rule 76, Sec. 4). and due execution thereof shall beiCin:thecOntestant. The testator to rebut the evidence
for the contestant (RULES OF COIJR77)'RAlit;76, Sec.12).
Contents of Petition for,Allo once of-M*14,,
Grounds for the Disallowance of WI 11,..
Q: State the conp svoYa pey ition for tlieallowance, of szs
.,4110
F
•... .
. ./A Q: What are the grounds; ll,ir disallowanFe of a will?'
ANS: A petition,or th !Iowa ce of a wilignusr-cshow, so far as/knowa to the petitioner: ps,oxpitsxti:
ANS: The will shall be-d Sa owed in ary4the following casest(ExITUS):
1. Jurisdictional acts;
2. The ilam i-76-Cpges, ap rzsi encelo the heirs legater, ancl devisees; 1. If not Execut01act attested;g-twilred by law; i t,
2. If the testator was nsaneor ' otherwise mentally. incapable to make a will, at
3. Probpie-valbe and haracXfofIttlie--t,iro7p-drty of the esitate; . i,,c - ' ;i-1.
'. 1
4. Theage/ot thel evon for4itqtrylegers are firayed; the time execution; A =i d .
',,
.the naive of t' e person having 3. If v e .11
ecu acrund duress, oVhe influence' of fear offhreats;
5. If thewilkkas nq _Wen delivared-t&lhe courtyll--
custodye(RUL 0 COURT rf.g 76, Ska.)2). 4. If it Waafpr,ccgadly Undue anclt iproper.prekwOnciinflue,nce, on the part
of eieilenefiCiarjr, or of some other person f'olksitgeOfitY,:o
Proof Requirellor Probate
5. If the SigriattiiatOthe testator was procured lisi'fraUi1P-.OiS'ifick, and he did not
intend fliaetheinerument V.< shouloPbe
P4Y his will at the time of fixing his signature
Q: Where the will is uncontes e whs-the required proo 'for the purpose of thereto (RULES OFI COUPT, Ru(e,Z,8,,,Sec. 9).
probate? '3CIE1\41-C\ ,,,, J.-11''' g
ANS: The following ru eR sbaf0e obsezLLbemil ,Isetibnlested: Reprobate vt,
:. . 'h' 4:,:',4
1. In case of aiiRaaaAifill, th,? rtkAX..gtaprallowance thereof on the
testimony of one oftltsubscriV itaesses.6nly, if such witness testify that Requisites before a WI%//Proved broad would be allowed in the Philippines
the will was executed Ofs,requice_dluplaw.
2. In the case of a holographic will, it shall be necessary that at least one Q: May a will proved abroad be allowed in the Philippines? If YES, what are the
witness who knows the handwriting and signature of the testator explicitly matters that have to be proven?
declare that the will and the signature are in the handwriting of the testator. In ANS: Yes. Where a will has been probated in a foreign country, it may be reprobated in
the absence of any such competent witness, and if the court deem it the Philippines. The following matters have to be proven during the reprobate
necessary, expert testimony may be resorted to (RULES OF COURT, Rule 76, proceedings: (DD-APL)
1. The Due execution of the will in accordance with foreign laws;
Sec.5).
2. The testator has his Domicile in the foreign country and not in the Philippines;
Q: Where the will is contested, what is the required proof for the purpose of 3. The will has been Admitted to probate in such country;
4. The fact that the foreign tribunal is a Probate court; and
probate?
5. The Laws of a foreign country on procedure and allowance of wills (Vda. de
ANS: The following rules shall be observed if the will is contested:
1. In case of a notarial will, all the subscribing witnesses, and the notary in the Perez v. Tolete, G.R. No. 76714, June 2, 1994].
case of wills executed under the Civil Code of the Philippines, if present in the
Effects of Probate
Philippines and not insane, must be produced and examined, and the death,
absence, or insanity of any of them must be satisfactorily shown to the court. Q: State the effects of the allowance of a will.
ANS: Subject to the right of appeal, the allowance of the will shall be conclusive as to its
If all or some of such witnesses are present in the Philippines but outside the due execution (RULES OF COURT, Rule 75, Sec. 1).
province where the will has been filed, their deposition must be taken.

568 569
Q: What are the effects of reprobate of a will under Rule 77 if the ROC? Q: Is the order of preference in the appointment of administrator of an estate
ANS: The following are the effects of a reprobate of a will: absolute?
1. The will shall be treated as if originally proved and allowed in Philippine courts ANS: No. A probate court cannot arbitrarily and without sufficient reason disregard the
(RULES OF COURT, Rule 77, Sec. 3); preferential rights of the surviving spouse to the administration of the estate of the
2. Letters testamentary or administration with a will annexed shall extend to all deceased spouse. But, if the person enjoying such preferential rights is unsuitable, the
estates of the testator in the Philippines; and court may appoint another person. The determination of a person's suitability for the
3. After payment of just debts and expenses of administration, the residue, if any, office of administrator rests, to a great extent, in the sound judgment of the court
of the estate shall be disposed of as provided by law in cases of estates in the exercising the power of appointment and such judgment will not be interfered with on
Philippines belonging to persons who are inhabitants of another state or appeal unless it appears affirmatively that the court below was in error (Uy v. CA, G.R.
country (RULES OF COURT, Rule 77, Sec. 4). No. 167979, March 15, 2006).
Letters Testamentary and of Administration Opposition to Issuance of Letters Testamentary: Simultaneous Filing of Petition for
Q: What is meant by letters testamentary? Administration
ANS: Letters testamentary is the appointment issued by a probate court, after the will Q: Who may oppose the issuance of letters testamentary?
has been proved and allowed, to the person named as executor therein to administer ANS: Any person interested in a will , rnRy state in writing the grounds why letters
the estate of the deceased testatorrp -Mi hekxis competent, accepts the trust, and testamentary should not issue to th9s0;Sons named therein as executors, or any of
gives a bond (RULES OF COUR, Rule 78, Se ).41. them, and the court, after hearingSbrvikice, shall pass upon the sufficiency of such
-I.
grounds. A petition may, at the sanitgtirifetqle filed for letters of administration with the
Q: What is the conc691:5 oil, ss:origilTagifation?
nt uwiil'Sskie,d „
ANS: Letters of adminiprpt9rris Lfte-apRqii court to a competent
will annexed (RULES OF COURTeRula c;! , 4M :-.., 1).
-,4Sec
person to adnniniA*16YesrtalelIf a decqased War•diekwittpq
\ a will provided such 44,5
Powers and Duties of ExecutorsankCIA d rh in& raters:,Reatrictions on the Powers
i a bbni;ig€
person accepts thet and Ives .,, ARANO, Remeaalta , , supra at 31). ,,or - W''' V ...••,Zifaria.S.

Q: State the powers alldi.dUties of executors and administrators. ,

When and to Whom Litter iofAdmillitrailon-Granted U ANS: They have the p.mers,(ExAM-1:$4 F?"1 oi,
,-.1"- t , ,,,,-.:.._ • IQ _ ...,--/ I 1. To Examine ppd pake invoices of, the property betorighg to the partnership in
Q: When may etters of adm nisttapop be Iv,-grafted?
,-. case of a dicdasqdrtner; r. 1 ) V-
ANS: Letters o inistration may betpr g nAd When: ( IRBI) 2. To have)Access
,,,,t:,
to,tnd examine/.
examine/` nd take copies of ooks and papers relating ,
1. No e in the :'
-ikOit.-..- AV, AIM < ,1-1,,.
to th,9,..,-pArtnersOigin case of aldeceased partner;
f,?ir-A v
.;
.
-..
2. The e ecute? forexecutors: i;.9, . .,,A.r.1 .
3. To feaintainxin'lenantable repantne r 4 housevandKottieRstrUctures and fences
a. A e relnaompetOor g7- •0 b7 ''',,,..
belonging to4,1K.R,state,e.an51 deliver the sameli,inisuchifepair
Ne01,Lin.,....p k.4^.,, 3-7?-. ,1 ,-;
to the heirs or
b. Refuselthe tikistso s -T,,,,--
,
devisees;wherOirected to do soppy the court;
c. Fail to gOe Boidib 4. To Possess and manage the realas well as estate of the deceased
3. The dace' ent dieYif testaik(PfULE- C2F1/4.001.) so long as'it is necessary for thepayment of the debts and the expenses of
.'"--....:_
-•
administration,';:'' --, ,..,-.,: fl•- 'r,:,!g,:i!-:r7kti
,
97-) :-.:3!osk.t.
,..,',
Order of Preference 5. To make ImtirOvementVon the-properties-Under administration with the
i..o, .4,04,,
Q: State the preference in theagointl etirtPfOdministrator of an estate. necessary courA apprqval except for necessary repairs;
ANS: A letter of administration shall .e.„.grante- trio the following, in the order of 6. For the Payment4fItti),, debts; and
preference: 7. For the payment d'EXpenses of administration (RULES OF COURT, Rule 84).
1. Surviving Spouse or Next of Kin or Their Nominee - The surviving
husband or wife, as the case may be, or the next of kin, or both, in the Q: What are the restrictions on the powers of an executor or administrator?
discretion of the court, or to such person as such surviving spouse or next of ANS: They CANNOT: (ASLEEP-BC)
kin request to have appointed, if competent and willing to serve; 1. Acquire by purchase, even at public or judicial auction, either in person or
2. Principal CreditorlS - If such surviving husband or wife, as the case may be, mediation of another, the property under administration (CIVIL CODE, Art.
or next of kin, or the person selected by them, be incompetent or unwilling, or 1491);
if the husband or widow, or next of kin, neglects for 30 days after the death of 2. Speculate with funds under administration. Borrow money without authority of
the person to apply for administration or to request that administration be the court (RULES OF COURT, Rule 85, Sec. 2);
granted to some other person, it may be granted to one or more of the 3. Lease the property for more than a year (CIVIL CODE, Art. 1878)
principal creditors, if competent and willing to serve; 4. Exercise the right of legal redemption over a portion of the property owned in
3. Stranger - If there is no such creditor competent and willing to serve, it may common sold by one of the other co-owners (Caro v. Court of Appeals, G.R.
be granted to such other person as the court may select (RULES OF COURT, No. L-46001, March 25, 1982);
Rule 78, Sec. 6). 5. Enter into any transaction involving the estate without any prior approval of the
court, when the estate of the deceased is already the subject of a testate or
intestate proceeding (Estate of Olave v. Reyes, G.R. No. L-29407, July 29,
1983);

570 571
 6. Profit by the increase or decrease in the value of the property under Q: Where should the claim be filed?
administration (RULES OF COURT, Rule 85, Sec. 2); ANS: All money claims against the decedent must be filed in the office of the clerk of the
7. Borrow money without authority of the court; and Settlement Court (RULES OF COURT, Rule 86, Sec. 1). In other words, B.P. 129 is not
8. Continue the business of the deceased unless authorized by the court (RULES applicable.
OF COURT, Rule 84, Sec. 1).
Q: Distinguish actions which do not survive death of decedent from claims which
Appointment of a Special Administrator survive the death of decedent.
ANS: Claims which do not survive death of decedent refer to money claims contracted
Q: When may the probate court appoint a special administrator? before the decedent's death and thus may be claimed against the estate. It has
ANS: A special administrator shall be appointed when: reference to such debts or demands against the decedent as might have been enforced
1. There is delay in granting letters testamentary or of administration by any against him in his lifetime by personal actions for recovery of money; and upon which
cause including an appeal from the allowance of disallowance of a will only a money judgement could have rendered (DE LEON & WILWAYCO, Special
(RULES OF COURT, Rule 80, Sec. 1); or Proceedings, p. 128).
2. The executor or administrator is a claimant of the estate he represents, in On the other hand, actions which survive the death of decedent refer to actions to
which case the special administrator shall have the same power and be recover real or personal property, or an interest therein, from the estate, or to enforce a
subject to the same liability as the general administrator or executor (RULES lien thereon, and actions to recover damages for an injury to person or property, real or
OF COURT, Rule 86, Sec98) personal, may be commenced by ancizqgg!hst the executor or administrator (RULES OF
Note: Unless emergency eaudfliw thre tIngRthe-dipsipation of the assets of an estate COURT, Rule 87, Sec.1).
are present, a special Oinistratqc. ma otkeVappointedlithout complying with the •
notice requirement under Rule.)76,0Sglions and I,(Ite/Guzm n v. Angeles, G.R. No. Time within which Claim shall beFilediElreeptions
78590, June 20, 19 8) 1.-" ."
<4):N> Q: Within what period shall estate the decedent be filed?
11._.
Q: What are theepo7and dutieslq:if ai iipeclil administrator? ANS: Claims must be filed within'the'ffinelfikedlAtiVibOtiCelgthe creditors. The period
ANS: A special adminis rator ias the following powers and thires (Plof-CoPS): shall not be more than ;12 months nor less than 6 montlis;after the date of the first
publication (RULES OF COURT, Rule266,1:Sec. 2).

2. To P
estaT
onfi deceasted -‹;-- 101 ,-TItol I 1
1. To to e-aossessio9-and-char*Of-the-goods, ch ele," rights, credits, and

such goods, chattels, rights, credits, and par of the deceased

or-akninierkofbfferWards 9pip,oi9tedl
Q: State the effect ifo claimant does not file his claim against the estate of the
decedent withinothe period-Prescribed 6VAlaw.
for the
ii ecutorA ANS: Failure leZ8so shall'fbar the claim forever (RULES OF COURT, Rule 85, Sec. 5).
% \p
3. To Comm ri e dVintain-puitS- --asTadminis rat-
Cr; agd r1
4. To P (s.., ch t he decgasedIfilily, as' raj:fled 'y the,court; Q: Is the rul:aiL'oluteP.:..
5. To Sell only s,uch Aikayelalpt:iite'.3&i. perty as the court orders sold ANS: No. The excRticiis1§7the rule are.
(RULES OF CO R7'; u -80 Sec. 2)( ---', 1. At any lin*.itiefore; an order opdistribution is entered, on application of a
","-
creditor wfto has failed to file hiSlcletrp,within the time previously limited, the
Grounds for Removal ofA minittactOP- court may, for4ag64 shown aril_4y.:scrcti4e,frns‘ as are equitable, allow such
‘ fiei-- ,4
Q: State the grounds fott _;rprrinfval.of-arrexect.ktgr\o2 administrator. claims to be filed within.4,tirefe=noVeZ660diliermbnth from the order allowing
belated clairnklIROCJede 86, Sec. 2); and
ANS: The following are tasprandp for t4c, reito salopffafrefecutor or administrator:
1. Neglect to render heaccount (Witfilill:t pand when required by the court); 2. Claims againifitp ee'tefe may be set forth as counterclaims in any action that
2. Neglect to settle the estate according to law; the executor or adthrnistrator may bring against the claimants (RULES OF
3. Neglect to perform an order or judgment of the court or a duty expressly COURT, Rule 86, Sec. 5).
provided by the rules;
Statute of Non-Claims
4. Absconding;
5. Insanity; Q: What is the statute of non-claims? Awr
6. Incapability to discharge the trust; or ANS: The statute of non-claims is embodied in Section 5 of Rule 86 of the Rules of bibs.
7. Unsuitability to discharge the trust (RULES OF COURT, Rule 80, Sec. 2). Court in fixing the period for the filing of claims against the estate of the decedent.
Claims Against the Estate Its purpose is to settle the affairs of the estate with dispatch, so that residue may be
delivered to the persons entitled thereto without their being afterwards called upon to
Q: What are the claims that may be filed against the estate of the decedent?
respond in actions for claims, which, under the ordinary statute of limitations, have not
ANS: They are: (MFJ) yet prescribed (Sikat v. Vda de Villanueva, G.R. No. L-35925. November 10, 1932).
1. All claims for Money against the decedent, arising from contract, express or
implied, whether the same be due, not due, or contingent;
Q: Between the statute of non-claims and the statute of limitation, which will
2. All claims for Funeral expenses and expenses for the last sickness of the prevail?
decedent; and
ANS: Insofar as claims against the estate of deceased persons are concerned, the
3. Judgment for money against the decedent (RULES OF COURT, Rule 86, Sec.
statute of non-claims supersedes the statute of limitations. Hence, if a debtor dies, his
5).
creditors must present their claims, whether the same be due, not due or contingent, in

572 573
the settlement proceeding of the estate of the deceased debtor within the time provided Q: What actions may not be brought against the executor or administrator?
in the statute of non-claims, or the same shall be barred forever (ALBANO, Reviewer, ANS: No action upon a claim for the recovery of money or debt or interest thereon shall
supra at 50 citing In Re: Estate of De Dios, G.R. No. L-7940, March 27, 1913). be commenced against the executor or administrator (RULES OF COURT, Rule 87,
Sec. 1).
Claim of Executor or Administrator against the Estate
Q: What shall the executor or administrator do if he has a claim against the estate Q: What actions may be brought by an executor or administrator?
of the decedent? ANS: For the recovery or protection of the property rights of the deceased, an executor
ANS: If the executor or administrator has a claim against the estate which he or administrator may bring or defend, in the right of the deceased, actions for causes
represents, he shall give notice thereof to the court. The court shall appoint a special which survive (RULES OF COURT, Rule 87, Sec. 2).
administrator, who shall, in the adjustment of such claim, have the same power and be
subject to the same liability as the general administrator or executor in the settlement of Requisites before a Creditor may bring an Action for the Recovery of Property
other claims. The court may order the executor or administrator to pay to the special Fraudulently Conveyed by the Deceased
administrator necessary funds to defend such claim (RULES OF COURT, Rule 86, Sec.
8). Q: What are the requisites before a creditor may bring an action for the recovery
of properties fraudulently disposed of by the decedent?
How to File a Claim ANS: They are the following: (DeCon-DeVoCo-LBE)
1. There is a Deficiency of assp,tpithe hands of an executor or administrator for
Q: How does a creditor filea claim against the estate? the payment of debts ancIt(pqnses of administration;
ANS: A claim may befilet 150,01iVe&gltisame itlIthi trcessary vouchers to the 2. The deceased in his lifetime real or personal property, or a
clerk of court and byftprving a o15 thereofon 11e.execalo o administration (RULES right or interest therein, p.tfagebAttcredit;
OF COURT, Rule 11,6-,'Se9 3. The conveyance was dighemith',.491,t9,Defraud pis creditors or to avoid any
right, debt, or duty;hadt..CcinVelidtSbch,..prpgitty, right, interest, debt or
Q: What are theiiddnkepts of die cia:lin?i,1; credit; t —
ANS: The contents of jam tust observth.0 following ules: r 4. By law the conveyance would biyoid as against hiiskeditors, and the subject
1. If the clai e foun ed-on-a-bcindilli-noteroi any otheinstument: of the attemptedconveyanCO,Maild be liable to attachment by any of them in
v.
a. e original need not be 'Ned, byt,a copy the&of.withall indorsements his lifetime afg.e/Egs.pF.COORTpule 87, Sec. 91(
e attar ed to-the claimiannt filed herewilb_4 5. The executor or administrator has not Commenc,ed the action;
b. demand owever7i6EtWexecut9rjor—adnristratbr, or by order of 6. Leayfe.tii'ermission'ii granted by court to the creditOto file the action;
the„gourt \or-q gerthe-grigiiiat-shall-be;41bit5d,,, ,,, 7. Thel'gieditor:lias filed in a Tull a Bondr execiited to the executor or
2. If such 6cfnld, 11111, \r0 'str'Elehen Oeci/s1 or idestrgypd: adniiiitstratOrin arflamgunt approved by the'ljOgglq-1. ;
a. The c iIman <41.tt acco pr_p its claim Aith affidavit or affidavits 8. The action IN.;!the'creditorls inlifie name of the or administrator.
containing a CO0y,01.partiou.lyde triglionjf the instrument; and However,'vherelheconveian41- attempted conveyance had been made by
b. Stating its' loss teltl.CL,
0 the decea'Sed in his,,Iifetime in faV9r of the executor or administrator, the action
3. When thAlaim is ale: k 1%N . which a creditor may bring shalls°bedimithe name of all the creditors, and
a. It matloe.r.ipto:Ned„py a the mount justly due; permission oelhe court7, aridfifiligfifib:Or!"4-t.'as.:above prescribed, are not
b. That nakpaympn s,have bee Tbie 'the eon which are not credited; necessary (ROLES OF'DOURT, Rule 87, Sec. 10).
and
c. That there are no Offsels_loA eNsattl, to the knowledge of the affiant. Payments of the Debts of theEstate
4. If the claim is not due, or is contingent, when filed, it must also be supported
by affidavits stating the particulars thereof. Q: Give an outline on how the executor or administrator shall pay the debts of the
5. When the affidavit is made by a person other than the claimant, he must set estate of the decedent.
forth therein the reason why it is not made by the claimant (RULES OF ANS: The following rules shall be followed:
COURT, Rule 86, Sec. 9). 1. If, after hearing all the money claims against the estate, and after ascertaining
the amount of such claims, it appears that there are sufficient assets to pay the
Actions that may be brought against Executor and Administrators debts, the executor or administrator shall pay them within the time limited for
that purpose (RULES OF COURT, Rule 88, Sec. 1);
Q: State the actions which may be brought against the executor or administrator. 2. If the testator makes provisions by his will, or designates the estate to be
ANS: The following actions may be commenced directly against the executor or the
appropriated for the payment of his debts, the expenses of administration, or
administrator:
the family expenses, they shall be paid according to the provisions of the will
1. Recovery of real or personal property, or an interest therein, from the estate;
(RULES OF COURT, Rule 88, Sec. 2);
2. Enforcement of a lien in the abovementioned; or 3. If the provision made by the will or the estate appropriated is not sufficient for
3. Recovery of damages from an injury to a person or property, real or personal
that purpose, such part of the estate of the testator, real or personal, as is not
(RULES OF COURT, Rule 87, Sec. 1).
disposed of by will, if any, shall be appropriated for that purpose (RULES OF
COURT, Rule 88, Sec. 2);

574 575
 a. The personal estate of the deceased not disposed of by will shall be is necessary or beneficial under the circumstances (RULES OF COURT, Rule
first chargeable with the payment of debts and expenses (RULES OF 89, Sec. 2).
COURT, Rule 88, Sec. 3); 4. If the deceased was in his lifetime under Contract, binding in law, to deed real
b. If said personal estate is not sufficient for that purpose, or its sale property, or an interest therein (RULE OF COURT, Rule 89, Sec. 8).
would redound to the detriment of the participants of the estate, the 5. If the decease has during his lifetime held real property in Trust for another
whole of the real estate not disposed by of will, or so much thereof as is person (RULES OF COURT, Rule 89, Sec. 9).
necessary, may be sold, mortgaged, or otherwise encumbered for that
purpose by the executor or administrator, after obtaining the authority Q. May the court authorize the executor or administrator to sell the whole of a part
of the court therefor (RULES OF COURT, Rule 88, Sec. 3); of the real of personal estate, although not necessary to pay debts, legacies, or
4. In case of deficiency, where devisees, legatees, or heirs have entered into administration expenses?
possession of portions of the estate before the debts and expenses have been ANS. Yes, when it appears that the sale of the whole or a part of the real or personal
settled and paid, and have become liable to contribute for the payment of such estate, will be beneficial to the heirs, devisees, legatees, and other interested persons,
debts and expenses, the court having jurisdiction of the estate may, by order the court may, upon application of the executor or administrator and on written notice to
for that purpose, after hearing, settle the amount of their several liabilities, and the heirs, devisees, and legatees who are interested in the estate to be sold, authorize
order how much and in what manner each person shall contribute, and may the executor or administrator to sell the whole or a part of said estate. In case of such
issue execution as c,rpOnces.r.e.quire (RULES OF COURT, Rule 88, Sec. sale, the proceeds shall be assigned to,fiLe persons entitled to the estate in the proper
6); and proportions (RULES OF COURT, Rulef894Sec 4).
T
5. If the court is satisfied 11,4t a conun e claim-duly filed is valid, it may order
the executor rl 'dillystrat
r o;Fetaiii4i vhia hanqsgufficient estate to pay such Distribution and Partition
contingenti jaijn Njut, he same becomeraWatz, or if the estate is
insolvent Auffidietpto _ay-a-p'6ffigli-equaLto the Ityiden of the other creditors Liquidation
(RULES Q GCTURT Rule sq so A\• Q: Define Liquidation
ANS: Liquidation refersAo- the determination of all the assets of the estate and the
Q: How are co, tingent claircis paid? ,41,,, ./ 4 I -
payment of all the clebtp and expenseapemardo V. Courtiof Appeals, G.R. No. L-
ANS: If it beco f9r-pbgoluteand is presente o e co rt as aabsp _. ute claim within 2
18148, February 28, 1963) ,
years from tha, tifneillowed or
kthesProsentatiorY;cif
it claims, it ill be 'paid in the same
manner as otper claims. After saidqoarlOclic.:the creditor may- -prNeed against the
Q: Outline the ,steps for distribbtion,anckpartition of the estate Of the decedent.
distributees, pcp edtsai co ngent craft-As1' ad bee psd al allow0d by the probate ANS: The steps for distribution and partition" re the following: t.1
court (De Bautista p G lam G.R 728298 pvelnbr&01.983). 1. Wh&tiVthe'Aebts4', funeral, charges, and'4116eliSesttrafAcininistration. the
\ , ,:.f.-,,,,,..•
'o -4, E-/ N1 allowance to.the.WidowoanVinhatance tax, irEnYlef$5f.de"able to the estate in
Sales, Mortgages. and Otheraicumbrances76 Property of Decedent
\- accordaiice,withIaW have' beef )paid, the court, on the application of the
r
Q. When may the court order the .le9,,pers%r2.al st,* of thei decedent? executor or,. adminiqrator,' or ola person interested in the estate, and after
ANS: Upon the appitetion ofktLe`e aO'ytkr[sifigdminis,trator, and on written notice to the hearing upon ,notice; shall assid..0M.Ktie of the estate to the persons
heirs and other personsinte*teci2:.„ -coV:,„marozde'rth whole or a part of the entitled to thOarne (R1.14Elpf,,t900gapte39.0,-)Sea 1);
personal estate to be selg-ifiCappeavw cesAopte purpose of paying debts, 2. No distributiore,shall beallowed until the payment of the obligations above
expenses of administration, o - legacies, o orpila..preserVation
i
of the property (RULES mentioned haS:tbrn[rria'de or provided for, unless the distributees, or any of
OF COURT, Rule 89, Sec. 1). them, give a benOttri a sum to be fixed by the court, conditioned for the
payment of said obligations within such time as the court directs (RULES OF
Q. May the court authorize the sale of real estate in lieu of personal estate? What COURT, Rule 90, Sec. 1);
are the instances, if any? (PIS-CT) 3. Questions as to advancement made, or alleged to have been made, by the
ANS: The court, on the application of the executor or administrator and on written notice deceased to any heir may be heard and determined by the court having
to the heirs, devisees, and legatees residing in the Philippines, may authorize the jurisdiction of the estate proceedings (RULES OF COURT, Rule 90, Sec. 2);
executor or administrator to sell, mortgage, or otherwise encumber so much as may be 4. Expenses of partition may be paid by the executor or administrator out of the
necessary of the real estate, in lieu of personal estate, for the purpose of paying such assets in his hands if:
debts, expenses, and legacies: a. Sufficient;
1. If the Personal estate of the deceased is not sufficient to pay the debts, b. Equitable to the court;
expenses of administration, and legacies, c. And not inconsistent with the intention of the testator; otherwise, they
2. If the sale of such personal estate may Injure the business or other interests of shall be paid by the parties in proportion to their respective shares or
those interested in the estate, interest in the premises (RULES OF COURT, Rule 90, Sec.3);
3. If a testator has not otherwise made Sufficient provision for the payment of 5. Certified copies of final orders and judgments of the court relating to the real
such debts, expenses, and legacies, if it clearly appears that such sale, estate or the partition thereof shall be recorded in the registry of deeds of the
mortgage, or encumbrance would be beneficial to the persons interested; and province where the property is situated (RULES OF COURT, Rule 90, Sec.4);
if a part cannot be sold, mortgaged, or otherwise encumbered without injury to and
those interested in the remainder, the authority may be for the sale, mortgage,
or other encumbrance of the whole of such real estate, or so much thereof as

576 577
 • Iry
tf'e
6. If there is a controversy before the court as to who are the lawful heirs of the Note: The following are the only instances when the probate court may issue a writ
deceased person or as the distributive shares to which each person is entitled of execution:
under the law, the controversy shall be heard and decided as in ordinary cases 1. To enforce the contributive share of the devisees, legatees or heirs when they
(RULES OF COURT, Rule 90, Sec. 1). have entered into possession of the estate before the debts and expenses
have been settled and paid (RULES OF COURT, Rule 88, Sec. 6);
Project of Partition 2. To enforce the payment of the expenses of partition against a party interested
Q: What is a project of partition? in the partition who does not pay his proportion or share (RULES OF COURT,
ANS: It is a document prepared by the executor or administrator setting forth the Rule 90, Sec. 3); and
manner in which the estate of the deceased is to be distributed among the heirs. If the 3. To satisfy the costs when a person is cited for examination in the probate
estate is a testate estate, the project of partition must conform to the terms of the will; if proceedings (RULES OF COURT, Rule 142, Sec. 13).
intestate, the project of partition must be in accordance with the provisions of the Civil
Code (ALBANO, Reviewer, supra at 68, citing Camia de Reyes v. Reyes de Llano, G.R. B. ESCHEAT
No. L-42092, October 28, 1936). The heirs may, by agreement, submit a project of Q: Define escheat.
partition to serve as a basis of the order of distribution. The heirs who do not agree ANS: Escheat is a proceeding whereby the state, by virtue of its sovereignty, steps in
thereto may submit, a counter-project of partition (Reyes v. de Llano, supra). In and claims the real or personal property of a person who dies intestate leaving no heir.
approving a project of partiti5,ItaisiTMEe§sary40or the court to state the specific In the absence of a lawful owner, a property is claimed by the state to forestall an open
property adjudicated to archeir ((PP re: IDF.Borja\vil4Borja, G.R. No. L-1259, April 27, "invitation to self-service by the firstcorners" (Republic v. Court of Appeals, G.R. No.
1949) but may award filelame felhe heirs intprp V'divlsoNlkares. If they cannot agree 143483, January 31, 2002).
on their respective s "kcifictplriicipratTris, -the thereafter resort to an action for
4,-\
partition (RULES 0 C; LIRY RTile 69) <' When to File
M ?e ,
Q: Does the finaQ,o the apparel lilf litiproject of partition terminate the Q: When may a petition for eptieif filed`?
probate proceeding? / , ANS: When a person sites' intestate', seized of real 'or personal property in the
( ( pA Philippines, leaving noSeir or persontlaw entitled to the same, the Solicitor General
ANS: The fina ity-o; the approval-of the. by itself alone does not
terminate the prpateibroceedings,Aslorid as.the,order of the distribution of the estate or his representative inIbeka;lf of the 3e'pul3lic of the PhilippipeO, may file a petition in the
has not been Poor-13 RTC of the province wher04herdeceasecDast resided or/in which he had estate, if he
li . 6d with, the To.TtOiteLpi•ece'edingsl
.-.- ---_...- J 0,4 cannot be deemed closed and
resided out of th,ei:P"hilippines;,, setting forth;?the facts, and'' praying 'that the estate of the
terminated becauk jud'elajj ‘artitionsW!lofifinai ancyconglusiye and does not prevent
the heir from bring] an acto -to-obtairi-his--share,frojiidedlimrescriptive period deceased be declared escheated (RULESEOF j COURT, Rule 9,1, Sec. 1).
Yes
therefor has not(ela sed JO) Couitio Peals(
•-7
No L;37,135, December 28, •
Q: Who may be partiesp a, petitiort,for *heat?
1973). ,:1-.!1 Cc
Nv
....;; ANS: They are: (GIDU) '‘IF:‘•••
•

Remedyof an Heil-Ent/dee:Ito Resatiabu no Given his Shore

/ 1. An escheatrproceeding mst u initiated by the Government through the
be

Solicitor Genral or is representptly

Q: What is the reme N• dy of Nt =-..m.
appeir )(-'iRNI-1
,
halls-en ,AO
7---'1 ..peiv
o re • his distributive share 2. All InterestedVpstres, especia0AheastjAwcpppants and the adjacent lot
from the residue but ikas-tist givelr-the-same? \l owners shall 6e'person511Yridtifiazonc&proteeding and given the opportunity
ANS: It depends. U/ 1
.\ 4
1. If he is excluded from tie.QLo?uedings e7rflay move for the reopening of the
to present their valid4, plaims; otherwise, it will be reverted to the State
(Bermudow. Cdurti pflppeals, G.R. No. L-38622, October 26, 1987).
proceedings before the order de-61Fring the same closed has become final and 3. Any person alleging`to have a Direct right or interest in the property sought to
executory. be escheated is likewise an interested and necessary party, may properly
2. If he is not excluded but only has not received his distributive share under the oppose the petition for escheat or file a claim thereto with the court within the
project of partition, the remedy is to file a motion with the probate court for the period provided for (The Municipal Council of San Pedro, Laguna v. Colegio
delivery to him of his share of the estate. de San Jose, Inc., supra.).
3. If the estate proceedings have already closed, he should file a motion for the 4. Under the Unclaimed Balances Law, a depositary bank should be joined as a
reopening of the proceedings within the prescriptive period. The remedy is not respondent in an action for escheat since a decree of escheat would
to file an independent action for annulment of project of partition (Guilas v. necessarily deprive it of the use of such deposits (Act No. 3936, Sec. 3;
Judge of CFI Pampanga, G.R. No. L-26695, January 31, 1972). Republic v. CFI of Manila, G.R. No. L-30381, August 30, 1988).

Instances when the Probate Court may Issue Writ of Execution Requisites for Filing of Petition
Q: May the probate court issue a writ of execution? Q: What are the requisites for the filing of a petition for escheat?
ANS: As a general rule, the probate court does not issue a writ of execution. Its orders ANS: They are:
usually refer to the adjudication of claims against the estate which the executor or 1. That a person died intestate;
administrator may satisfy without the necessity of resorting to a writ of execution. The 2. He left no heirs or persons by law entitled to the same; and
probate court, as such, does not render any judgment enforceable by execution 3. The deceased left properties in the Philippines (RULES OF COURT, Rule 91,
(Spouses Pastor, Jr. V. Court of Appeals, G.R. No. L-56340, June 24, 1983). Sec. 1).

578 579
Q: May escheat proceedings be converted into settlement of estate? Appointment of Guardians
ANS: No. The escheat court does not have the power to order, or to proceed with, the
distribution of the estate of a decedent in escheat proceedings and adjudicate the Q. Who may petition for the appointment of a guardian of an incompetent or
properties to oppositors (Municipalities of Magallon, et al. v. Bezore, G.R. No. L-14157, minor?
October 26, 1960). ANS: The following may file a petition for appointment:
1. In case of an incompetent: Any relative, friend, or other person on behalf of a
Remedy ofRespondent against the Petition: Period for Filing a Claim resident minor or incompetent who has no parent or lawful guardian (RULES
OF COURT, Rule 93, Sec.1).
Q: What is the remedy of respondent against a petition for escheat? 2. In case of a minor: Any relative or other person on behalf of a minor, or the
ANS: A motion to dismiss must be filed by the respondent when a petition of escheat minor himself if fourteen years of age or over, may petition the Family Court for
does not state facts which entitle the petition to the remedy prayed for, and even the appointment of a general guardian over the person or property, or both, of
admitting them hypothetically, it is clear that there is no ground for the court to proceed such minor. The petition may also be filed by the Secretary of Social Welfare
to the inquisition provided by law (HERRERA, Special'Proceedings, supra at 227-228). and Development and by the Secretary of Health in the case of an insane
minor who needs to be hospitalized (A.M. No. 03-02-05-SC, RULES ON
Q: When and by whom may a claim to estate escheated be filed? GUARDIANSHIP OF MINORS, Sec. 2).
ANS: If a devisee, legatee, heir, widow, widower, or other person entitled to such estate Note: When the minor resides oytside the Philippines but has property in the
appears and files a claim therpowitgthe74rt.within 5 years from the date of such Philippines, any relative or writ of such minor, or anyone interested in his
judgment, such person shpllohaR posaasaiorpeffarialitle to the same, or if sold, the property, in expectancy tprtittlmise, may petition the Family Court for the
municipality or city shaltz
4 be\accountable/ tot tilmAiforithe\proceeds, after deducting appointment of a guardigriffoy,ePthe property (A.M. No. 03-02-05-SC, RULES
reasonable charges fyretheNare'ofotre t<clajTrliol ade within the said time ON GUARDIANSHIP OF4M1NORt1Sec. 12).
shall be forever bar COUR.T,Eck9rSac.A.,
eATA
Q What are the grounds for the appprfreentotelguardiehi,of a minor?
../ ANS. The grounds for the apjpOintmehecif a guardiatiVet•te person or property, or
• both, of a minor are thefcillowing: (DS).)124)
Q: What is guardianship? L ,
ANS: A guardianfflipiis a trpsTIel4on-Turth-e7m-dgt sacred cl aracter, in which one 1. Death, contirfireCI ebsence,.04pacity of his parants;
person, called aftuardian" acts fot:Zà nother calledothe 'ward" vyhormIttle law regards as 2. Suspension, deprivation ortermihation of parentar,authopy;
.incapable ofrian,agil his ovk affairt:.Aiguardianship is designedl further the ward's 3. Remarriagelef hisjaviving pareqt, if the latter la found unsuitable to exercise
well-being, no that-9 the dian. Itisiritelided to pie-Spry?" the ward's property, as pareptaIrauthoritw
well as to rendeir farm asaistkce that ward ay.Cpe'rsonally/equire (Oropesa v. 4. whelk 3e Beitvinterests of the011inor so ri aquire' (A.M4 No. 03-02-05-SC,
RULES OAPGUARDIMSHIP 01,MINORS;kS6141: •etr-csp•
Oropesa, G.R. al84528,`App(25,
7C-/ 41,1
. •
Venue Q: Who may be Appantedkes guardiavf the person or property, or both, of an
incompetent? M, fr
Q. What is the jurisdiction and Ve rrl
goa proceeding? ANS: In the appointment of..ke guardian foRairr i4orNpetent, the choice of a suitable
ANS: The following rules rwraicrn'g=ttie Jurffdictiowa e of a guardianship must be person is left to the sound'' discretion, Gustilo, G.R. No, 147148,
observed: t V,f,"1 January 13, 2003). Courts should rot appoint persons as guardians who are not within
1. Guardianship overkkhzompetertts: RTC 9,,,,the place where the incompetent the jurisdiction of our courts fdi' they will find it difficult to protect the wards (Vend' v.
resides. If a non-residentrwithA4u-C-#6f the place where the incompetent's Balmes, G.R. No. 13222314A119, 2001).
property or part thereof is situated (RULES OF COURT, Rule 92, Sec 1).
2. Guardianship over minors: Family Court of the place where the minor Q: Who may be appointed as guardian of the person or property, or both, of a
resides. If a non-resident, with the Family Court of the place where the minor's minor?
property or part thereof is situated (A.M. No. 03-02-05-SC, RULE ON ANS: In default of parents or a court-appointed guardian, the court may appoint one,
GUARDIANSHIP OVER MINORS, Sec. 3). observing as far as practicable, the following order of preference:
1. The surviving grandparent and in case several grandparents survive, the court
Q. May the court taking cognizance of a guardianship proceeding transfer the shall select any of them taking into account all relevant considerations;
same to another court? 2. The oldest brother or sister of the minor over twenty-one (21) years of age,
ANS: Yes, The court taking cognizance of a guardianship proceeding, may transfer the unless unfit for disqualified;
same to the court of another province or municipality wherein the ward has acquired real 3. The actual custodian of the minor over twenty-one (21) years of age, unless
property, if he has transferred thereto his bona-fide residence, and the latter court shall unfit or disqualified; and
have full jurisdiction to continue the proceedings, without requiring payment of additional 4. Any other person, who in the sound discretion of the court, would serve the
court fees (RULES OF COURT, Rule 92, Sec. 3). best interests of the minor (A.M. No. 03-02-05-SC, RULES ON
GUARDIANSHIP OF MINORS, Sec. 6).

580 581
Genera/ Powers and Duties of Guardians D. WRIT OF HABEAS CORPUS
Q: State the powers and duties of a guardian. Writ of Habeas Corpus under Rule 102 of Rules of Court
ANS: The powers and duties of a guardian are the following (CaPS-MaPIA):
Q: What is a writ of habeas corpus?
1. To have the Care and custody of the person of his ward, and the management ANS: It is a writ directed to the person detaining another and commanding him to
of his estate, or the management of the estate only, as the case may be produce the body of the prisoner at a certain time and place, with the day and the cause
(RULES OF COURT, Rule 96, Sec. 1); of his capture and detention, to do, submit to, and receive whatsoever the court or judge
2. To Pay the ward's just debts out of his personal estate and the income of his awarding the writ shall consider in that behalf. It is a high prerogative, common-law
real estate, if sufficient; if not, then out of his real estate upon obtaining an writ, of ancient origin, the great object of which is the liberation of those who may be
order for the sale or encumbrance thereof (RULES OF COURT, Rule 96, Sec. imprisoned without sufficient cause. It is issued when one is deprived of liberty or is
2); wrongfully prevented from exercising legal custody over another person (llusorio v.
3. To Settle accounts, collect debts, and appear in actions for ward (RULES OF Bildner, G.R. No. 139789, May 12, 2000).
COURT, Rule 96, Sec. 3);
4. To Manage the estate of the ward frugally and without waste, and apply Q: To what cases shall a writ of habeas corpus apply?
proceeds to the maintenance of ward (RULES OF COURT, Rule 96, Sec. 4); ANS: The writ shall extend to all cases of illegal confinement or detention by which any
5. To join in Partition after hearing,..ALES OF COURT, Rule 96, Sec. 5); person is deprived of his liberty, or by,,iwhich the rightful custody of any person is
6. To render to the coyst...-arligintorylNe-,estate of his ward within three (3) withheld from the person entitled thereto RULES OF COURT, Rule 102, Sec. 1).
months after hisegapAntme t, nNnnua *y.pfter such appointment an
inventory ancloafcarat,rWhich die 'flier oat (RULES OF COURT, Rule Q: Distinguish writ of habeas comigr;trcirpprivilege of writ of habeas corpus.
96, Sec. 7 pda ANS: The writ of habeas corpuSjsiii6!dralOr requiring the person to whom it is issued
7. To rende afi o..-the-court-for„,z legient- ancLallowance upon the to produce the body of the person,allegegthkreVrOned of liberty and to justify the
expiratiq zopa om the, tirne'of7his appeint ezt nd as often thereafter detention. The writ issues asc arriatfer;efT9barse4-vhei)a,-App:ears from the petition that
as mayibrereqiiired RULES:0E10011U Rule 96, the writ ought to issue, the "suspension TO the privilege notwithstanding (RULES OF
• COURT, Rule 102, SeC:,;5). On the ollier4and, the privilegel'ofmrit of habeas corpus
Termination of Gaardiansh is the further order inqqjrin4 into the.caus0„of detention and` directing the release of the
I
ff - person if he is illeggilyi'detainedIRULESipF COURT, Rule ':;i1OZ Sec. 15; R1GUERA,
Q: When is terminated guarilianship,:terTinIte,d?
ANS: The gua5Viship is,feripinateiTunderthe fdllowingples: Primer-Reviewer Remedial-, Law, Vol (2017),p. 142) [hereinafter 2 RIGUERA,
1 . In case' of an hrpmpetent- nponipetirn by Remedial Law]. •
.
person declared
• k • • • • • •
incomMfrijkor fls;90ardiari;tre ifiNie.,9r,frje05 /1 and aftei
- pal, it is judicially
determined that the4)er3bQ i§-no lorig7dcindc5mpetegf, his competency shall be Contents of the Petition r
adjudged and* gi4aI*jfp sh01, ,ce6sN/e/ (RUJZES OF/COURT, Rule 97, Q: State the conteptg,pf,th-e,,applisationLpf a writ of habeas corpus.
Sec. 1). The guargansflif_18:94termin,afed when it appears that the ANS: The verified petition must set forth: (POP-C)
guardianshjp is noToggerze-ggssFAT59J-EOF COUT; Rule 97, Sec.3). 1. That the Person behalf tfiX,Opplication is made is imprisoned or
2. In case ora mina- The Ccinit-ri7o-tu prop/10 ohftpon verified motion of any restrained of his,libeft
' k
person allowedeto fliaTetition fOrguaEdiarilhipmx terminate guardianship on 2. The Officer qr;name„c4the person detaining another, or if unknown, such
the ground that tTiereidflas capioNglas died (A.M. No. 03-02-05-SC, person may be4described by an assumed appellation, and the person who is
RULES ON GUARDIANSHIESPiltatVQRSrBec. 25). served with the writ.shall be deemed the person intended;
3. The Place where the detainee is imprisoned or restrained, if known; and
Q: State the grounds for the removal of the guardian 4. A Copy of the commitment or cause of the detention, if it can be procured
ANS: They are the following (IIUWAR): without impairing the efficiency of the remedy. If no legal authority appears for
1. Insanity; the imprisonment or restraint, such fact should be stated (RULES OF COURT,
2. Incapable of discharging the trust; Rule 102, Sec. 3).
3. Unsuitability;
4. Wasted or mismanaged the property of the ward; Contents of the Return
5. Failure to render an Account for 30 days after it is due;
6. Failure to make a Return for 30 days after it is due (A.M. No. 03-02-05-SC, Q: State the contents of the return of a writ of habeas corpus.
RULES ON GUARDIANSHIP OF MINORS, Sec. 24). ANS: The person or officer having custody of the person in whose behalf the application
is made shall state in the return the following:
Q: On what ground may a guardian resign? 1. Whether he has or has not the party in his custody or power, or under
ANS: The court may allow the guardian to resign for justifiable causes. Upon the restraint;
removal or resignation of the guardian, the court shall appoint a new one (A.M. No. 03- 2. If he has the party in his custody or power, or under restraint, the authority and
02-05-SC, RULES ON GUARDIANSHIP OF MINORS, Sec. 24). the true and whole cause thereof, set forth at large, with a copy of the writ,
order, execution, or other process, if any, upon which the party is held;

582 583
 3. If the party is in his custody or power or is restrained by him, and is not Distinguish from Amparo and Habeas Data
produced, particularly the nature and gravity of the sickness or infirmity of such Q: Distinguish writ of habeas corpus from writ of amparo and habeas data
party by reason of which he cannot, without danger, be brought before the
ANS: The writs of habeas corpus, amparo, and habeas data differ in the following
court or judge; and aspects:
4. If he has had the party in his custody or power, or under restraint, and has
transferred such custody or restraint to another, particularly to whom, at what Writ of Habeas Writ of Amparo Writ of Habeas Data
time, for what cause, and by what authority such transfer was made (RULES Corpus •
OF COURT, Rule 102, Sec. 10). As to rights involved
Distinguish Peremptory Writ from Preliminary Citation Right to liberty of Right to life, liberty, and Right to privacy in life,
Q: Distinguish a preliminary citation from a peremptory writ. and rightful security of the aggrieved party liberty or security of the
ANS: A preliminary citation refers to a citation to the government officer having the custody by the and covers only extralegal aggrieved party and may
person in his custody, the illegality of which is not patent, to show cause why the writ of aggrieved party killings and enforced cover extralegal killings
(RULES OF disappearances (A.M. No. 07- and enforced
habeas corpus should not issue. A peremptory writ, on the other hand, is issued when
the cause of the detention appears to be patently illegal and the non-compliance COURT, Rule 9-12-SC, Sec. 1). disappearances (A.M. No.
102, Sec. 1). 08-1-16-SC, Sec. 1).
therewith is punishable (Lee Hick orrir-Th-ensul r Collector of Customs, G.R. No. L-
16779, March 30, 1921). As to what is violated

When not Proper/Applicable Actual violation of Actual opthreatened, violation of aggrieved party's right (A.M.
. IV' :., aggrieved party's No. 08-1-16-,SC;1Sap. 1).
(,•4
Q: When is the w9tofttapias corpurriprproper2,, right (RULES OF
ANS: Application for -wribof habeasrporpiks i not proper: COURT, Rule
1. For assertingVvindicatingrthe4lenia Lof the right to( ail 7Galvez v. CA, G.R. 102, Sec. 1).
No. 1 (4046, October 24, 1994k;, ,',=• CIN . .
2. For cohttin5 erro lirth-e—app;k0latitirrof-facts or la (Sotto v. Director of As to who are' respondents
. II
Pnsons;Giii. No. L 18874,Way1300902); I r4*
May or may not be 4 'Public official or employee or a Public official or employee
3. Whdae t teal court, had ijurfsd4o9)-over tt)e causes oveil the person of the a public officer' or private individual6 or entity or .fa private individual or
accuse' ripose tlie;Perialty prolikrad for by' law, the mistake
. and to— r c 1 0. . , n employee. (A,M. No. 0840-SC, Sec. entity engaged in the
comnriled- .jr4the050,ourt, if,,,,q, Mrs fo-t ppre iat:Tif the facts and/or
1). i.gathering,r collecting or
in theVpOrebrition\of,Ae,tawl(4);;,.ot •-•'--
storing 4 of data or
4. Once at persoi‘dettne,d s dill}, piiarye in, urtjle mayie.no longer question information regarding the
his detention thrstugh`z i leq4,9pissiiaqce of Jwrit of abeas corpus. His
, pti9,n apdlor the.? arrant of arrest duly person, family name, and
remedy kould beNo q , aett- tiqz.tplorffi
correspondence of the
issued (Redriguezi.tonitacide Titl:99(-,1510/November 6, 2000). 14,aggrieved party (Id.).
N4412orascharged
When the Writ &Disallows,- 13 k N-i''y As to who may avail of the remedy
-"k,..4- AiLm ...._.
Q: When may the court deny a petitiLoWpaabeas corpus? 1. Party for whose Aggrieved party or by any Aggrieved party; but in
ANS: The court may deny a petition for habeas corpus in the following instances: relief it is qualified person or entity in the cases of extralegal killings
1. If jurisdiction appears after the writ is allowed notwithstanding any informality intended; or following order: and enforced
or defect in the process, judgment or order; 2. by some 1.By member of the disappearances, may be
2. If the person is in the custody of an officer under process issued by a court or person on his immediate family of the filed by:
by virtue of a judgment or order of a court of record which has jurisdiction to behalf (RULES aggrieved party, i.e., 1.any member of the
issue the process, render the judgment or make the order; OF COURT, spouse, children and immediate family of the
3. If the person is charged with or convicted of an offense in the PHL; Rule 103, parents; aggrieved party, i.e.,
4. If the person is suffering imprisonment under lawful judgment (RULES OF 3). 2. any ascendant, descendant spouse, children and
COURT, Rule 102, Sec. 4); or or collateral relative of the parents; or
5. Detention of a suspect for 3 days without charge, provided that the arrest of aggrieved party within the 2. any ascendant,
those suspected of the crime of terrorism or conspiracy to commit terrorism fourth civil degree of descendant or collateral
must be in accordance with R.A. No. 9372, otherwise known as Human consanguinity or affinity; or relative of the aggrieved
Security Act of 2007 (R.A. No. 9372, Sec. 18). 3. any concerned citizen, party within the fourth
organization, association or civil degree of
institution (right to file is consanguinity or affinity
successive) (A.M. No. 07-9- (A.M. No. 08-1-16-SC,
12-SC, Sec. 2). Sec. 2).

584 585
 )

,•••-er •AV VC.

any justice thereof, or
A to kv enueg:,,F0-
rrs- Court or any justice
the Sandiganbayan or thereof, or before the CA
1. RTC or any judge 1. RTC of the place 1.RTC where the petitioner CA or any of their or the Sandiganbayan or
thereof; or where the threat act or respondent resides, or justices, or to any RTC
which has any of its justices, or to
2. CA or any member or omission was that of the place where the
jurisdiction over the place any RTC of the place
thereof in instances committed or any of threat, act or omission where the petitioner or
authorized by law; or its elements where the data or was committed or any
information is gathered respondent resides or
3. SC or any member occurred; or of its elements that which has jurisdiction
thereof; or 2. Sandiganbayan or collected or stored, at the occurred (A.M. No. 08-
option of petitioner; or over the place where the
4. Sandiganbayan or any any justice thereof; 1-16-SC, Sec 3). data or information is
member thereof in aid or 2.SC, CA or
gathered, collected or
of its appellate 3. CA or any justice Sandiganbayan when the stored (A.M. No. 08-1-16-
jurisdiction (RULES OF thereof; or action concerns public
SC, Sec. 4).
COURT, Rule 102, Sec. 4. SC or any justice data files of government
thereof (A.M. No. offices (A.M. No. 08-1- As to who are exempted from payment of docket.fees
2).
- 211S,c,,,,,Sz. 3).
01;&,1, 16-SC, Sec. 3).
Petitioperps exempted Only an indigent
As to where enforceable fro*arnent
,,c;e
of docket petitioner is not required
,-.4.--, L.--).- .....
(I v I ,g ,....;,
ir ' Tjaeo--Wrif—§11-all.:,he en orceable anywhere in the
and4lother:, lawful fees
6fitti,f`No 07-9-12-SC,
to pay docket and other
If granted by SC or lawful fees.
any member of sup E urts-; 1. ylipsin s re• ardless of tOrts,kied the same.
,•-.•
or Sandiganbaygn n ay:pi , As mo when hearing is Conducted
its appellate ijuksli,ction, P ..
and the juqdicticafAhall Date and time of hearingls surn#4:hearing shall §Unimary hearing shall
not be exclusjv,a4t13e SC, specified in t144,writ be cond0.cted not later be conducted not later
it is enforcelbleroaniwhere (RULES OF COURVRul-e „than' 7 Oys from the =than 10 working days
in the Philippihps; if 102, Sec. 8). ,‘ date of the, issuance of from ''.the date of the
granted by ttei)t{If or a the writ (RM. No. 07-9-I issuance of the writ (A.M.
judge ther,Fof it C j.., 12-SC; Se4 6). No. 084-16-SC, Sec. 5).
enforceable 1114;v:161in lik
•judicial distriORULE 0 As to Whom•served
COURT, Rul e'.2, Se Served to the "person' toy Ser:9ed upon the respondent personally, but if it
whom it is directed; and ifs cannot betaNd,,personally, the rules on substituted
not found or has not. they' service sli'all.atiPV
r C.A()litsued.Wthe,R G4or issued by the RTC or prisoner in his custoilyrto
If granted by the SN„,
or any member of axe Of judge ithgailf any judge thereof, it shall the other person hex/jig or
courts, it may be made ko,,,tenable.lbe-ft3re- such be returnable before such exercising such custody •
returnable before the court court'or-judge?' court or judge. (RULES OF COURT, Rtlie- 4j
or any member thereof or 102, Sec. 7).
If issued by the If issued by the CA or the
before an RTC or any Sandiganbayan or any of As to neglect or refusal to make a return
Sandiganbayan or the
judge thereof. CA or any of their its justices, it may be
If the person to whom the If the respondent refuses to make a return or makes
If granted by the RTC or a justices, it may be returnable before such
writ is directed neglects or
judge thereof, it is returnable before such court or any justice a false return, he may be punished with
refuses to obey or make imprisonment or fine for committing contempt.
returnable before himself court or any justice thereof, or to any RTC of
return of the same, or
(RULES OF COURT, Rule thereof, or to any RTC the place where the
makes a false return
102, Sec. 2). of the place where the petitioner or respondent thereof, or who, upon
threat, act or omission resides or that which has
demand made by or on
was committed or any jurisdiction over the place behalf of the prisoner,
of its elements where the data or refuses to deliver to the
occurred. information is gathered, person demanding, within
collected or stored. 6 hours after the demand
If issued by the SC or
any of its justices, it If issued by the SC or any therefore, a true copy of
may be returnable of its justices, it may be the warrant or order of
before such Court or returnable before such commitment, he shall

586 587
forfeit to the party COURT, Rule 102, Sec.
aggrieved the sum of 12).
P1,000 and may be
punished for contempt As to, presumption of regularity.,:
(RULES OF COURT, Rule
102, Sec. 16). The presumption of
regularity does not
• , • As to who files the return apply (A.M. No. 07-9-
12-SC, Sec. 17).
The person who makes the The person who files the return is the respondent. . .
return is the officer by As to when judgments is rendered
whom the prisoner is
imprisoned or the person Judgment shall be rendered within 10 days from the
in whose custody the time the petition is submitted for decision.
prisoner is found (RULES As to when judgments is enforced
OF COURT, Rule 102,
Sec. 8). Judgment shall be
enforced within 5 working
As to allowance of a•general denial. ... 1): days (A.M. No. 08-1-16-
oft dallegalions in the petition shall
SC, Sec. 16).
no e~allgwed,.~ As to period of appeal of judgment
As to failure of respondent to file a.roluirn, •.
Within 48 hours from 5 Ve;:IiirG9TyPrrorta 115,orking days from the
,, .1 notice of the judgmirl ( notice of the
the date of
1 date of notice of the
If the respondent fails Ina roarsi6 \ the respondent final order appealed from.; adverse': judgment. ,judgment or final order.
15"—fife it reftWir,—the fails to file a return, the
Piled withSC via Rule ,t'Filed with SC via Rule 45
eatift, /ju§pce-' 'tjud0 cart, justice or judge
'3-'45 A.M.1 V., o. 07-9-12- (Al:M.% No. 08-1-16-SC„
shalllrd,ceed-t o hear shaPpro:ceed to hear the
v'SC,..Sec. '19. ) Sec. 19).
the p`atitilirr ex pa/0; petition e4 parte, granting 41
A.M. ,Vo 2-S,& the Apetitioner such relief As to consolidation with a criminal action
ec '0) 5g thsei petition may
,
o N:%,„„,,,
L'I . 4warrant nless the court May, be consolidated -"With'&awonminal action filed
requires subSequait to the petition.
(inthe
itspetitioner
petitioner to submit
As to quantum of proof required
evpence (A.M. No. 08-1-
.)6-SC, Sec. 14). If detention is by tliblic ct9anturi-raPaIllabitantial evidence.
authority, the quant0 of
As to prohibited.pleading and motions
proof is clear 'tpfend
There are prohibited pleadings and motions. convincing evidence.

' As to grant of interinkrelief If detention is by private

authority, the quantum of
1. Unless for good cause The court, justice or proof is preponderance of
shown, the hearing is judge may grant interim evidence.
adjourned, in which reliefs, to wit:
event the court shall 1. Temporary As to failure to proceed
make an order for the protection order;
If upon its
safe keeping of the 2. inspection order;
determination it cannot
person imprisoned or Z. Production order;
proceed for a valid
restrained as the nature and
cause such as failure
of the case requires; 4. Witness protection
of petitioner or
2. The court or judge must order (A.M. No. 07-
witnesses to appear
be satisfied that the 9-12-SC, Sec. 14).
due to threats on their
person's illness is so lives, the court shall not
grave that he cannot be dismiss the petition, but
produced without any shall archive it. It ma
dan• er RULES OF
588 589
 be revived by the court E. CHANGE OF NAME
motu proprio or upon Differences under Rule 103. Rule108, and R.A. No. 9048
motion by any party
(A.M. No. 07-9-12-SC, Q: Distinguish Rule 103, Rule 108, and R.A. No. 9048.
Sec. 20). ANS: Rule 103, Rule 108, and R.A. 9048 may be distinguished as follows:

Petitions for the

Rule on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Petitions for Charige Correction,
.. 'of Name R.A. 9048 as amended o
Minors (A.M. No. 03-04-04-SC) Cancellation of
(Rule 103) ' by R.A. 10172
Entries
Q: Who may file a petition of writ of habeas corpus involving custody of minors?
(Rule 108)
ANS: A verified petition for the rightful custody of a minor may be filed by any person
claiming such right (A.M. No. 03-04-04-SC, Sec. 2). Scope or Subject Matter
Q: What is the purpose of the petition? Change of full name or Change of first name or Correction of substantial
ANS: In cases involving minors, the purpose of the petition for habeas corpus is not surname (substantial nickname and correction of errors or cancellation of
limited to the production of the chilabeforelhe.coi.O the main purpose of the petition is corrections). clerical errorl. of entries in entries in the civil
to determine who has the0rightful
,) custai I child (Bagtas v. Santos, G.R. No.
rt:over .4,the the 'Civil Registry registry (substantial
166682, November 27, 20 - 9 (typogrephibAll., or clerical corrections).
fe" errors,:only).
Q: What are the contelijs of-thepetition? 4.A
ANS: The verifiedietitiOn44contain the:following:,(PN00) 4, Nature of Proceedings
1. The Pelso't ncumetanceg,pf the petitioner'anatesp;Oridept;
Minor and, his relationship to • Judicial • 'Administratiye „t' Judicial
2. The Name, age anpresent whereabouts of
the Feititioneriand respondent; , : I • Hearing is • No hearipeequired. • Hearing is necessary
necessary. • a.;'
3. The ' alerral Operative feels constituting, depri6tion ofpstoVy; and 4 Adversarial in nature
4. Suc Other tlnatters whidh•;are,relevant:tO the custo4 of the minor (A.M. No. ! because it involves
03-0 -0,4-SO, Sec.,4 . substantial changes
and iaffects the status
Q: State thee tes* the grant oifTle /w/_ricif hreas4 Corpus involving
v,(rft ). — nj
custody of mino s. N
ANS: The requisites are tie foli:owingc(Pe- it4=Best), / Who may file
1. The Petitioner has.,,thellgi ferthe minor; r
A person desiring to Any person heying,,dArect and
2. The right4 custody<tiriorgslb-engMitliheld fro the petitioner by the change one's name,
Any person interested in
respondent, and personal interests any act, event, order or
(Sec. 1). correction 4of;.ealtibleric619'
3. That it is to tliekBes%tercsrofzthe.minor cd6er,ned'to be in the custody of the decree concerning the
petitioner and noXhat-ofithe responiaNSombirng v. CA, G.R. No. 111876, typo-graphical error in an civil status of persons
January 31, 1996). entry and/or change of first which has been
name or nickname (Sec. 3). recorded in the civil
Q: Will a motion to dismiss prosper in case of petitions for writ of habeas corpus register (Sec. 1).
involving custody of minors?
Initiatory pleading
ANS: No. A motion to dismiss the petition is not allowed except on the ground of lack of
jurisdiction over the subject matter or over the parties. Any other ground that might Signed and verified Verified petition in the form of Verified petition for the
warrant the dismissal of the petition may be raised as an affirmative defense in the petition (Sec. 2). affidavit (Sec. 3). cancellation or
answer (A.M. NO. 03-04-04-SC, Sec. 6). correction of any entry
Q: Section 5 (b) of R.A. No. 8369 (Family Courts Act of 1997) granted the Family (Sec. 1).
Courts an exclusive original jurisdiction to hear and decide petitions for custody Whereto file
of children and habeas corpus in relation to the latter. Does this mean that the CA
and SC are divested of jurisdiction over said petitions? RTC of the province in a.Local civil registry office of RTC of the city or
ANS: No. R.A. No. 8369 did not divest the CA and the SC of their jurisdiction which petitioner the city of municipality province where the
over habeas corpus cases involving the custody of minors. The provisions of R.A. No. resided for three (3) where the record being corresponding civil
8369 reveal no manifest intent to revoke the jurisdiction of the CA and SC to issue writs years prior to filing sought to be corrected or registry is located (Sec.
of habeas corpus relating to the custody of minors (Madrinan v. Madri "nen, G.R. No. (Sec. 2). changed is kept; 1).
159374, July 12, 2007). b.Local civil registrar of the
place where the interested

590 591
 party is presently residing erroneous entry of
or domiciled, if petitioner date of birth or the
has already migrated to sex of a person:
another place in the earliest school
country; record or earliest
c. Nearest Philippine school documents
consulate in case of such as, but not
citizens of the Philippines limited to, medical
residing or domiciled in records, baptismal
foreign countries (Sec. 3). certificate and other
documents issued
Contents of petitiOn by religious
authorities;
a. That petition has a. Facts necessary to a. That petition has v. For change of
been a bona fide establish the merits of the been a bona fide gender corrected:
resident of the petition• resident of the certification issued
province where the petiliiine is province where the :by, ipn accredited
petition is filed for .e1' do petelit tp tfty petition is filed for at :gov,etnrnent
at least three ( Stated least three (3) years ,iptiy.40n attesting
years prior to -t aftiFular erroneMsAen prior to the date of tolliklact that the
c"la
date of such fi 'n , or entrie,s72--whicb,_ ace< such filing; d6titikerfhas not
b. The caus nfo,r sough tok.bewporrAtedIN ,ixfithe cause for which ,sex
which the ch- dhge and/of th0bha_fyge soubht elle change of charge or sex
of petitioners na to be made.,. ( greli oner's name is transplant;
is sought; —All—natneby—wh ch VsoLjg t; and vi. Ceitification from
c. The na e4-a$ ed petigon9r c.rthe name asked for appropriate law
for e\ Petitfork:, 1111 shall be d4A11...lmes by which enfoTrent
d. All name Ti supporteciliiihe petitioner is known. agencies that the
petitioner o petitipAer has:tiv np7
(Sec. 2). ! -Apending case or43<it-
theetlirie%itfiCe ' ''criminal record (Sea'
rtificate" -tethe, '5, as amended by
, s,pagan -tkiKegist Sec.h.1.3,-7„/VI. No.
`---!ladokleo taming hey 10172r
7 sough Vbe Grounds
Bete ""s0-- or tft
a. Name is ridiculous, --:a.-Retitioner finds the first Upon good and valid
ii. At least two (2) tainted with name or nickname to be grounds (Sec. 2).
public or private dishonor and ridiculous, tainted with
documents showing extremely difficult to dishonor or extremely
the correct entry or pronounce; difficult to write or
entries upon which b. Consequence of pronounce;
the correction or change of status; b. The new first name or
change shall be c. Necessity to avoid nickname has been
based; and confusion habitually and
d. Having continuously used by
iii. Other documents
which petition or the continuously used petitioner and he has
city or municipal and been known been publicly known by
registrar or the since childhood by that first name or
consul general may a Filipino name, nickname in the
consider relevant unaware of alien community; or
parentage; c. The change will avoid
and necessary for
e. A sincere desire to confusion (Sec. 4).
the approval of the
adopt a Filipino
petition
name to erase
iv. For correction of
592 593
 signs of former Persons to be notified
alienage all in good
faith and without a. Solicitor General a. Civil registrar Civil registrar.
prejudicing b. Provincial fiscal b. Consul.
anybody c. City fiscal
f. When the surname d. Interested parties
causes (Sec. 4).
embarrassment
and there is no Coverage
showing that the
desired change of a. Correction of a. Correction of clerical or a. Births;
name was for a clerical or typographical errors in the b. Marriages;
fraudulent purpose typographical errors civil registry, including c. Deaths;
or that the change in any entry in civil correction of date of birth d. Legal separations;
of name would registry documents, and sex; and e. Judgments of
prejudice public s r except corrections b. Change of..; first name or annulments of
interest (Republic involving change in nicknarrie in the civil marriage;
of the Philippines v. sex, age, nationality registfy..t. f. Judgments declaring
Court of Appeals and status of a marriages void from
G.R. No. 88202, person; and the beginning;
December 14 b. Change of a g. Legitimations;
person's first name
1998).
•co or nickname in his,
Adoptions;
I Acknowledgments of
NotiCe and Publication or her civil registry. natural children;
ee It r j:'.,Naturalization;
At least oncerAAreek At leatc.oncql ,weeklor two V eatt 9nce a week for
t4reH(3)
k. Election, loss or
for three „.4 (3) (2) 9.9nsecuthie-1iweeks .0 consecutive recovery of
consecutive lwe.-Os in , --(publish the. wlidle weeeks 19 a newspaper citizenship;
a newspaper of --Aldavit)=-7j;riT=c :,asesi fbfy of,genernal circulation in
general circa alb& to *aNe icy province (notice and L Civiljr4erdiction;
the province (notice,, idai0 earing (Sec. 4). 'F'jdetermination of
and hearing)(Sec. 3). \ positg`,. qt.4,4ispen filiation; and
n. Change of name
(Sec. 2).
Not required. (ODWorzthe-tiv'i regigtr a,r% Xot required.
ortonsul\tfirk etition )•
Where to appeal
,a -
incol dusplace for Court of Appeals
4
_ CM! Registrar General under Court of Appeals under
ten (10) consecutive days under Rule 41. Section 7, R.A. 9048 or Court Rule 41.
b. In the case of migrant of Appeals under Rule 43.
petitioner, the petition
shall be posted first at the (DE LEON & WILWAYCO, Special Proceedings, pp. 537-540).
office of the Petition-
Receiving Civil Registrar F. CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY
(PRCR) for ten (10)
consecutive days before Entries Subject to Correction under Rule 108 in relation to R.A. 9048. as amended
sending it to the RKCR. by R.A. 10172
Upon receipt, the RKCR Q: State the entries that are subject to correction under Rule 108, in relation to
shall post again the R.A. 9048, as amended by R.A. 10172.
petition in his office for ANS: They are the following: (VoN FiBECCS-IS-A-BALD-MA)
another ten (10) 1. Judgments declaring marriages Void from the beginning;
consecutive days. 2. Naturalization;
(Implementing Rules and 3. Judicial determination of Filiation;
Regulations of R.A. 9048, 4. Clerical or typographical errors and change of the day and month in the date of
Administrative Order No. Birth;
1, Series of 2001).

594 595
 PItAY'Vink

tiVAT.4-44,

5. Voluntary Emancipation of a minor; Q. What is a clerical or typographical error?

6. Change of name; ANS: It refers to a mistake committed in the performance of clerical work in writing,
7. Election, loss or recovery of Citizenship (RULES OF COURT, Rule 108, Sec. copying, transcribing or typing an entry in the civil register that is harmless and
2); innocuous, such as misspelled name or misspelled place of birth, mistake in the entry of
8. Clerical or typographical errors and change of Sex of a person where it is day and month in the date of birth or the sex of the person or the like, which is visible to
patently clear there was clerical or typographical error or mistake in the entry the eyes or obvious to the understanding, and can be corrected or changed only by
(R.A. No. 9048, as amended by R.A. No. 10172, Sec. 1). reference to other existing record or records: Provided, however, That no correction
9. Civil Interdiction; must involve the change of nationality, age, or status of the petitioner (RA 9048, Sec 2,
10. Legal Separations; par. 3, as amended).
11. Adoptions;
12. Births; Q. Who may file the petition and where shall it be filed?
13. Judgments of Annulments of Marriage; ANS: Any person having direct and personal interest in the correction of a clerical or
14. Legitimations; typographical error in an entry and/or change of first name or nickname in the civil
15. Deaths; register may file, in person, a verified petition with the local civil registry office of the city
16. Marriages; OR or municipality where the record being sought to be corrected or changed is kept (RA
17. Acknowledgments of naturalchildren4RULES OF COURT, Rule 108, Sec. 2). 9048, Sec. 3).
Note: Under R.A. No. 9048, cleneaT
_, ers in entries of the civil register
or trograppigaVror
are now to be corrected and'chabriR‘ed 141:Jut peed Of a4,judicial order and by the city or Q. The petition for change of firOnanig:or nickname may be allowed in any of the
municipal civil registrarAkar,41 gerierallmAA149seffeit is to remove from the following cases:
ambit of Rule 108 theiCovectio;mor changing of suchtekrors inIentries of the civil register. ANS: The petition for change of first nickname may be allowed in any of the
following cases: •
Hence, what is lelofor'thelscope of-operaliffrof-Ruie 11).8:re siibstantial changes and •'.
corrections in entriet'of‘the1
civil register. 1. The petitioner finds, the fir6tyiaqie'Or-nicknarne.42:3De ridiculous, tainted with
dishonor or extrqrneiY difficultIO write or pronOurice.4
Q: What are the prcedural requirements in cancellatipn And correction of 2. The new firsttidme or nicknarn, eqlas been habituallyiapd continuously used by
entries? I .k the petitionerokodlhe hashebritioublicly known by that by that first name or
nickname iriAle community: or 0 ,
ANS: The folio ng-rn st be complied with (VPORP) t
1. Filingla Verified petitipn (RULiEe0F,. COURT, Rule 103,,,Se. rI); 3. The chan6 will avoid .confusion1(RA 9048, Sec.,4) 1; •
2. Namire-gs4PartiesAlkperson-g7wh&- have o ipti,an interest which would be
affect (ULE,§\OF),\ COORT.,,Rd/e 1Q8, Sec.// 3,15,1 .',<*".1 CA. •
3. Issuanpe4b5t codOtkn P.rdei,figing,tetm, ando place of hearing; NAL2PROCE UI
4. GivinglReasonable`Rblibe\to the 049 flamed in the petition (RULES OF
COURNRu le 1'08, Seb.)/4)*(1,1,..",/ A. GENERAL MATTER7 "
5. Publication, of the,ozder,Of qerfoy thpe (3) consecutive weeks in a
newspapeNf generalti Oblation:CROLES OF COU‘R T/Rule 108, Sec. 4). Q: What is criminal procedure? ,
ANS: Criminal procedure' is the mathodifkescribektity !law for the apprehension and
()
G. CLERICAL ERROR LA
Q. What is Republic Act 9048?
I 1vil\-\.°'4\\---"
' prosecution of personAaccuseeof any criminal offense and for their punishment, in
case of conviction (HERRERA, 'Remedial Law Vol. IV (2007), p. 1) [hereinafter 4
HERRERA, Remedial LavtA44'
ANS: Republic Act (RA) 9048 authorizes the city or municipal civil registrar or the consul
general to correct a clerical or typographical error in an entry and/or change the first Criminal Jurisdiction: Concept and Requisites for Exercise of Crfrninal Jurisdiction
name or nickname in the civil register without the need of a judicial order. RA 9048
amends Articles 376 and 412 of the Civil Code of the Philippines, which prohibit the Q: What is criminal jurisdiction?
change of name or surname'of a person, or any correction or change of entry in a civil ANS: Criminal jurisdiction is the authority to hear and try a particular offense and
register without judicial order. impose the punishment for it (De Lima v. Guerrero, G.R. No. 229781, October 10,
2017). -
Q. What corrections can be made by RA 9048 as amended by RA 10172?
ANS: RA 9048 allows these corrections: (CFD) Q: What are the requisites for a court to acquire jurisdiction to try a criminal
case?
1. Correction of Clerical or typographical errors in an entry in civil registry
documents, except corrections involving the change in sex, age, nationality ANS: A court acquires jurisdiction to try a criminal case only when the following
and status of a person requisites concur: (ATP)
2. Change of a person's First name in his/her civil registry document under 1. The offense is one which the court is by law Authorized to take cognizance of;
certain grounds specified under the law through administrative process. 2. The offense must have been committed within its Territorial jurisdiction; and
3. Change of the Day and month in the date of birth or sex of a person where it is 3. The Person charged with the offense must have been brought in to its forum
patently clear that there was a clerical or typographical error or mistake in the for trial, forcibly by warrant of arrest or upon his voluntary submission to the
entry (RA 9048, Sec. 1, as amended). court (Antiporda, Jr. v. Garchitorena, G.R. No. 133289, December 23, 1999).

596 597
Q: Is venue an element of criminal jurisdiction? Q: Give an outline of the criminal jurisdiction of courts.
ANS: Yes. Venue is an essential element of jurisdiction in criminal cases. It determines ANS: The following is an outline of the criminal jurisdiction of courts:
not only the place where the criminal action is to be instituted, but also the court that has
the jurisdiction to try and hear the case. The reason for this rule is two-fold: • Criminal '
Cases Municipal Trial Courts
1. The jurisdiction of trial courts is limited to well-defined territories such that a
trial court can only hear and try cases involving crimes committed within its
territorial jurisdiction; and 1. Offenses punishable with imprisonment not exceeding 6 years
2. Laying the venue in the locus criminis is grounded on the necessity and justice irrespective of the amount of fine and regardless of other
of having an accused on trial in the municipality of province where witnesses imposable accessory or other penalties, including the civil liability
and other facilities for his defense are available (Union Bank of the PHL v. arising from such offenses or predicated thereon, irrespective of
People, G.R. No. 192565, February 28, 2012). kind, nature, value or amount thereof (B.P. Blg. 129, Sec. 32(2));
Note: The rule disregarding the amount of the fine and other
Q: State the distinctions between jurisdiction over the subject matter and accessory penalties applies where the offense is punishable by
jurisdiction over the person of the accused in criminal cases. imprisonment or fine or both, but not when the offense is
ANS: The distinctions are the following: punishable by fine only.
Note: The jurisdiction of the MTC is qualified by the phrase
Jurisdiction over the•Perso'n of the• •,• "Except in cases-thiling within the exclusive jurisdiction of the
Jurisdiction over the Subject Matter' . • •I• •:* 'Accused " . „, RTC and of the 4ndiganbayan." This indicates that the MTC
• •• • •
does not at.all,time0ave jurisdiction over offenses punishable
As to•the Nature •
with imprisonMent:notiixceeding 6 years if jurisdiction is vested
. X by law either in 'the'13T,C;-: e.g., libel,. or Sandiganbayan, e.g.,
The power to hear and,,,detelpinelhe fa>court,to try a case with Exclusive
general class t %the binding effec as4ainet an accused (2 bribery. •
Original
estio , belting RIGUERAlReme410114 supra at 237). 2. Where the only penalty provided for -by law is a fine not more
proceedings in
(Mitsubishi Mo_tors PHL Corp. than P4,000 (Adm. Cir. 09-94).
ns, G.R. 3. Offenses involving 5, damage to property through criminal
Bureau of CusFm—
June 17, 2011,5) ---4 negligence,(B.P. Blg129, Sec. 32(2);rR.A. 7691).
A. Those covered by thell3ules on Summary Procedure:
. As to how•Jurisdictign Acquired '. • a. Violations of traffic laws, rules and regulations;
b. ,Violations of th'e?ental law;
:.This is confefred . t law ,*-icl unlike, lagisdictjon,/ovet person of the c. Violations of municipal or city„or,dinence,s;
Jurisdiction over the parties,,C rin,o4 be athusedq,ney be' acquiredeither through d NiolatiohS.of BEP Blg. 22 (AM.' ,NO#00211-01-SC);
conferred on the,,courtly the ,ojuntery comoplsory process, sach as warrant of All other criminal cases where the penalty is imprisonment
act or agreement of the parties-, D9., or/ through his voluntary not, exceeding r6: months and/or P1,000 fine irrespective of
Joya v. Marquez, G.R. oh ,,...624-161: !\epliearanceosuch alwhen he surrenders cither penaltieifor,ciikliabilities arising therefrom; and
January 31, 2006). /1. .1,c2„,Ahe Rip t'octo the court (Miranda v. Offenses invOlkdRlariiage, to",property through criminal
ATuliap o. 158763, March 31, negligence where the imposable fine does not exceed
( 4 I\ 1 P19,000.
As to Objection of the Jurisdiction •
Special Jurisdiction on applications for bail in criminal cases in the
Lack of jurisdiction over the subject Any objection involving the arrest or the Special absence of all RTC judges in a province or city (B.P. Blg. 129, Sec.
matter can always be raised anytime, procedure in the court's acquisition of 35).
even for the first time on appeal, since jurisdiction over the person of an accused
jurisdictional issues cannot be waived must be made before he enters his plea;
subject, however, to the principle of otherwise, the objection is deemed Criminal
Cases :Regional Trial Court • .
estoppel by laches (Boston Equity waived (People v. Badilla, G.R. No.
Resources, Inc. v. CA, G.R. No. 218578, August 31, 2016).
173946, June 19, 2013). 1. Criminal cases not within the exclusive jurisdiction of any court,
tribunal or body, except those falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan;
Q. May a defective information be amended to vest jurisdiction upon the court? 2. Offenses the imposable penalty for which exceeds 6 years
Exclusive
ANS: It depends on whether the amendment is to be made before or after arraignment. Original imprisonment;
Before arraignment, jurisdictional defects in an information may be cured by an 3. In cases where the only penalty is a fine exceeding P4,000
amendment (Dio v. People, G.R. No. 208146, June 8, 2016). After arraignment, II (Adm. Cir. 09-94);
amendment of an information to vest jurisdiction upon the court cannot be allowed 4. Criminal cases under specific laws:
(Agustin v. Pamintuan, G.R. No. 164938, August 22, 2005).

598 599
 1.0,"ge;$` Ve,Wattii,t

Note: It is not only the salary grade that determines the

a. Libel cases even though punishable by prision correctional
jurisdiction of the Sandiganbayan. The salary grade has no
(RPC, Art. 360; People v. Eduarte, G.R. No. 88232,
reference for example to provincial governors, vice governors or
February 26, 1990);
members of the Sangguniang Panlalawigan, Sangguniang
b. Jurisdiction of designated courts over cases in violation of
the Comprehensive Dangerous Drugs Act of 2002 as Panlungsod, directors or managers of GOCCs, city mayors, vice
provided in Section 90 thereof; and mayors, city treasurers, assessors, engineers, trustees of state
universities, and other officials enumerated in Sec. 4 (1) (a) from
c. Violation of intellectual property rights.
letters "a"-"g" of P.D. No. 1606, as amended.
5. All cases on money laundering except those falling under the
2. Other offenses or felonies whether simple or complexed with
jurisdiction of the Sandiganbayan; and
other crimes committed by the public officials and employees
6. Election offenses.
mentioned in subsection (a) in relation to their office.
Family Court - Criminal cases where: 3. Cases filed pursuant to and in connection with E.O. Nos. 1, 2, 14
1. One or more of the accused is/are below 18 years of age but not and 14-A (Sequestration cases), issued in 1986.
less than 9 years of age; or 4. Money laundering cases (R.A. No. 9160, Sec. 5) committed by
2. Where one of the victims is a minor at the time of the public officers and Ovate persons who are in conspiracy with
commiss ictgAfsthceiffrY c such public officers.
3. CadaiRst
asn minors ogili4ableurer the Dangerous Drug Act;
4. VioJefions Iffai,,R.A:4-No.-1.76/10Z(Special, Protection of Children Appeals from theafinal judgments, resolutions or orders of regional
aain0_,C,01 Abuse, aplo atiofrAdViscrimination Act) as trial courts whether the exercise of their own jurisdiction or of their
akerylefitby5A,No-Z6.54;_anoN, A appellate jurisdiction`, where all the accused are occupying positions
Casesrof doinestic violence againewomergand children. lower than salary gralle;(27,•-;or, not otherwise covered by the
try-N I W,
N 0 v
preceding enumeration4'
7 'Nil' .!N,_
All cases (decided b he MTCs in their respective territorial
Appellate \,‘ .i
. ,1 Appellate Petitions for the issuance of the writs of mandamus, prohibition,
,-.5silictionsi i! certiorari,', habeas, cbrpui, injunction and' other ancillary writs and
11-- --i 1 ., .1i processes 'in 'aid of its appellate jurisdictidn and over petitions of
T9 Candleexclusivety COminaFoases as designated oy the Supreme
Special hd 1 - , , - - ta similar nature, including quo warranto,, arising or that may arise in
<Art. r--R\ ,k4,.:s..;;'....,:i, 1
r:")
ic .-. cases filed or whichinaYibe filed under E.01Nos. , 2, 14 and 14-A,
;Issued n im1986: ProvidO, that the An j 'isdiction .;over these petitions
Criminal • •• shall,not, be exclusive °tthe Supreme:.Cpurr:,:
• ' Sandiganbayan
Cases • .,

Violafiorts of.Ar Tr\ rp>...)

a. Rilki _1\10,104-9-!(Anti-GOLatil
I
d C rcuptiPractices Act);
Criminal
Cases
I .
• Court of Appeals
•
R.A.,,,Ii\lq437911-9dttenle It ); Exclusive Crimes of terrorism under Human Security Act of 2007 (R.A. No.
apte112, Seqop ,g1:ii!tle 7, Book 2 of the Revised Penal • Original 9372):
Code(13.nbery,letd)-w e one or more of the accused are
official occupying e following positions in the government, With the SC:
whether permanent, acting or interim capacity, at the time of Petitions for certiorari, prohibition, and mandamus against the
the commission of the offense: RTCs.
i. Officials of the executive branch occupying the Concurrent'
positions of regional director and higher, otherwise With the SC & RTC:
classified as Grade "27" and higher of the Petitions for certiorari, prohibition, and mandamus against the
Exclusive Compensation and Position Classification Act of 1989; MTCs.
Original ii. Members of Congress and officials thereof classified as
Grade "27" and up under the Compensation and By Notice of Appeal:
Position Classification Act of 1989; 1.From the RTC in the exercise of its original jurisdiction, except
iii. Members of the judiciary without prejudice to the those appealable to the theSandiganbayan, CTA, and SC; and
provisions of the Constitution; 2.From the RTC where penalty imposed is reclusion perpetua or
iv. Chairmen and members of the Constitutional life imprisonment or where a lesser penalty is imposed but for
Appellate
Commissions, without prejudice to the provisions of the offenses committed on the same occasion or which arose out of
Constitution; and the same occurrence that gave rise to the more serious offense
v. All other national and local officials classified as Grade for which the penalty of death, reclusion perpetua, or life
"27" and higher under the Compensation and Position imprisonment is imposed (ROC, Rule 22, Sec. 3, as amended by
Classification Act of 1989. AM. No. 00-5-03-SC).

600 601
 By Automatic Review, i.e., no Notice of Appeal is necessary: B PROSECUTION OF OFFENSES (RULE.110)
From the RTC, in cases where the death penalty is imposed. Cr/mina/Actions, How Instituted

By Petition for Review under Rule 42: Q: How are criminal actions instituted?
From the RTC in cases appealed thereto from lower courts and not ANS: Criminal actions shall be instituted as follows:
appealable to the Sandiganbayan. 1. In offenses where a preliminary investigation is required — By filing the
complaint with the proper officer for the purpose of conducting the requisite
•: preliminary investigation;
Criminal 2. In offenses which do not require preliminary investigation — By filing the
Supreine Court •
Cases .• . • ' complaint or information directly with the Municipal Trial Courts or Municipal
Circuit Trial Courts, or with the office of the prosecutor. In Manila and other
Exclusive Petition for certiorari, prohibition, and mandamus against CA and
chartered cities, the complaint shall be filed with the office of the prosecutor,
Original Sandiganbayan.
unless otherwise provided in their charters (RULES OF COURT, Rule 110,
With the CA: Sec. 1).
Petitions for certiorari, prohibition, and mandamus against the
RTCs. Q: What is the effect of the filing of a criminal action on the period of prescription
Concurrent of offenses?
With the,CA &fIRTC: ANS: The institution of a criminataptioNshall interrupt the running of the period of
Ice‘itioratir=pro, ibition, fa mandamus against the prescription of the offense charggc4nts0:Otherwise provided in special laws (RULES
M. 9.t OF COURT, Rule 110, Sec. 1). .73
A' ‘,40 •
By•E'etitiOn forReview ori-Certioran) Q: What is a complaint? •r
f From thd CA; r A A •
ANS: A complaint is a. sworn written statement charging 4person with an offense,
2. Flom the Sandiganbayan; and subscribed by the offended party, anrpeece officer, or other public officer charged with
Appellate 12-3,p•Ftrom the-RTC-whers'only-arrerrorl or queslion o flaw is involved. the enforcement of the7lay violated (RULES OF COURT, Rule 110, Sec. 3).
4Note: Whine they:.penOlty- -inVotedi is reclardan`4,perpetua or life
•
risonment, appeal thoOlcid, be made to the_pipk, not the SC Q: What is an infortnatior.;,
.yu/y 7, 2001).
epop ay.: Iteo, G:12410s:)14767917,. ANS: An information is„,an accusation irk riting charging a! person with an offense,
% .
Q: With respect tote \f,r
jurt (iolerr-of tW,S'altganbayan, wen is an offense
subscribed bYttlig plosecutor and filed
Sec.). •,;"
the court,;(R4ES..Of„cpuRT, Rule 110,

4,-Y
deemed committed "iikelatio tehones off, "?'
r s an --oflhe crime as Oefined in the statute.
ANS: The office met be‘a\sconstiVaik Q: Distinguish a ddrnplaintl i
an nformat on. i
But even if the offices not ankelemeiii'dth sideemed Committed in relation to ANS: The distinctions are theilollowing:
one's office if he perRatratkfakoansewhile pei rrnkigrihough in an improper or
irregular manner, his offictaffungpiis anThp, caneppmajtithe offense without holding Complaint • Informatidn
his public office. The test'istielher tlirsiipproptio.
lAlleges an intimate connection As to the Signing Party
between the offense charged aricktheoffibe- (Criso-sTomo v. Sandiganbayan, G.R. No.
152398, April 14, 2005). It may be signed by the offended It is always signed by the prosecuting
party, any peace officer, or other officer.
Q: Does the Sandiganbayan have jurisdiction over a complaint for malversation public officer charged with the
involving public officials, one with SG27 and the other SG 24, and a private enforcement of the law violated.
individual?
ANS: Yes. Under the last paragraph of Section 2 of R.A. No. 7975, if the position of one • As to Necessity of Oath
of the principal accused is classified as SG 27, the Sandiganbayan has original and
exclusive jurisdiction over the offense (Barriga v. Sandiganbayan, G.R. Nos. 161784-86, It must be sworn to by the person It need not be under oath since the
signing it. prosecuting officer filing it is already
April 26, 2005).
acting under his oath of office.
Q: In election offenses committed by public officers with SG 27 or higher, which
court has jurisdiction — the RTC or the Sandlganbayan? ' As to Where it is Filed
ANS: The Omnibus Election Code provides that the RTC shall have exclusive original It may be filed either with the office of It is always filed with the court.
jurisdiction to try election offenses (Sec. 268), whether committed by a private individual the prosecutor or with the court.
or public officer or employee, and in the latter instance, irrespective of whether the
offense is committed in relation to his official duties or not. It is the nature of the offense
(SABIO, Criminal Procedure: Rules 110-127 (2008), p. 17-18) [hereinafter SABIO,
and not the personality of the offender that matters (Corpus v. Tanodbayan, G.R. No. L- Criminal Procedure].
62075, April 15, 1987).

602 603
Q: In case of variance between the complaint filed by the offended party and the Q. When may a private prosecutor be allowed to prosecute the civil liability?
Information in crimes against chastity, which shall prevail? ANS: In cases where only the civil liability is being prosecuted by a private prosecutor,
ANS: In case of variance between the complaint filed by the offended party and the the head of the prosecution office must issue in favor of the private prosecutor a written
information in crimes against chastity, the complaint controls. The failure of the authority to try the case even in the absence of the public prosecutor. The written
information to state that accused raped victim "through force or intimidation" is not a authority must be submitted to the court prior to the presentation of evidence by the
fatal omission because the complaint alleged the ultimate fact that the accused raped private prosecutor in accordance with Sec. 5, Rule 110 (A.M. No. 15-06-10-SC, Revised
victim "by means of force". So, at the outset, accused could have readily ascertained Guidelines for Continuous Trial of Criminal • Cases, effective September 1, 2017)
that he was being accused of rape committed through force, a charge that sufficiently thereinafter A.M. No. 15-06-10-SC].
complies with Art. 355 (People v. Mendez, G.R. No. 132546, July 5, 2000).
Sufficiency of Complaint or Information
Who may file them. Crimes that cannot be Prosecuted de Officio
Q: When is a complaint or an information deemed sufficient?
Q: What are the crimes that must be prosecuted upon complaint of the offended ANS: A complaint or Information shall be sufficient if it states the following:(NN-DAD-
party? PM)
ANS: The following crimes must be prosecuted upon the complaint of the offended 1. Name and surname of the accused, or any appellation or nickname by which
party: (CASAL-D) he is known or has been known4,
1. Concubinage and Adultery `he 5irninal action should be initiated by the 2. The Name of the offended party;
offended spousr<hp shokpld flag' thekvstatus, capacity and legal 3. The approximate Date otjtaTeptrission of the offense;
representationya4theOp6pf the-filingr.ofAlcoina'nt. kl 4. The Acts or omissions cplpihin*tof as constituting the offense;
2. Seduction, Abducti?p, frand'atinradthitousSiess,x he criminal action is to 5. The Designation of the ciffenteMr,:',:,
xclusi
be initiated' /e., , dry a d-succedsixdlrby tVo I lowing persons in the 6. The Place where the offdp*wa,qdgaitted; and jet.
followin grder ‘ 7. When an offense is coplmitted*TMor'd*ap,cind,:p.dfson, all of them shall be
a. ( yit, ended woridn; k 7 ‘ \ included in the complaint Onnrformation (RULIEVOF COURT, Rule 110, Sec.
b. By th 16areqs, grandparen.ts or legal/judicial rdians of the offended
wopp in that-successiitooMer,if-the-kffended.• arty is incompetent or
v.e
)1:p...apple of boingp-;_ •, ,,," _ --",„., 1 1 Designation of Offense,4•
c. Bytlie Stata, pursuant to; the.'doctrir of ParmsZatriae, when the Q: State the re,RpliementOivto the designation of theloffense .
44dpded,parp dies olq4-ddiiiffeeincapcitate4eforer0e cculd file the ANS: The Information orecomplaint shall state:
.03d' amt an she-hasnknown-paYei, grandparents r or guardian;
e 5
1. Theadignatioril*the offense Ofila'p by thekstdtulek4m,g44,
a.. ..„, Notalf there ieno4desighation 6fIthe offenaVeterieershall be made to the
3. Defamation im uting(fo, :paidorfany,, qf he following crimes of concubinage,
act f-jasciviousnessican be prosecuted sectionkophe-Sta4td punishing it0
adultery seduc 'on, \Id io oar _
'RdLES 0 COURTf Rule 110, Sec. 5). 2. The acts kornissfortd constitutiriothe offense; and
only by the party o pa iekdef 3. The specific qualifying and aggravatipgt,pircumstances (RULES OF COURT,
- .-SY%2
.:LEN1 Rule 110, See18)..41‘0--
Control of Prosecution in
4 \., -->.
Q: Who shall prosecute crimin i4ctioVi Q: What is the effect of anqerroneous designation or failure to make the
ANS: All criminal actions I.leithb"JaycomPlaint or Information shall be
coinn*Acz, designation of the offen0?_
prosecuted under the direction and coTitifraf the public prosecutor (RULES OF ANS: The erroneous speCifiCbtion of the law violated, or the failure to mention the
COURT, Rule 110, Sec. 5). specific provision penalizing the act, does not vitiate the information if the facts alleged
therein clearly recite the facts constituting the crime charged. The recital of the ultimate
Q: When may a private prosecutor be allowed to prosecute a criminal action? facts and circumstances in the complaint or information determines the character of the
ANS: The prosecution may be allowed to a private prosecutor upon compliance with the crime and not the caption or preamble of the information, or the specification of the
following conditions: provision of the law alleged to have been violated (People v. Donio, G.R. No. 212815,
1. The public prosecutor has a heavy work schedule, or there is no public March 1, 2017).
prosecutor assigned in the province or city;
2. The private prosecutor is authorized in writing by the Chief of the Prosecutor Q: What is the effect when a qualifying or an ordinary aggravating circumstance
Office or the Regional State Prosecutor (RSP); is attendant in the offense but not specified in the information?
3. The authority of the private prosecutor must be approved by the court; ANS: The aggravating circumstance cannot be appreciated in determining the penalty
4. The private prosecutor shall continue to prosecute the case until the end of the to be imposed. It is in order not to trample on the constitutional right of an accused to be
trial unless the authority is withdrawn or otherwise revoked; informed of the nature of the alleged offense that he or she has committed. However, in
5. In case of the withdrawal or revocation of the authority of the private the civil aspect, an aggravating circumstance, even if not alleged in the information, but
prosecutor, the same must be approved by court (A.M. No. 02-2-07-SC; DOJ proven during trial may be made basis for an award of exemplary damages (People v.
Memorandum Circular No. 25). Jugueta, G.R. No. 202124, April 5, 2016).

604 605
Cause of the Accusation offense different or distinct from the charge of murder as contained in the original
Information. They relate only to the range of the penalty that the court might impose in
Q: How should a cause of action be alleged in the complaint or Information? the event of conviction. The amendment did not adversely affect any substantial right of
ANS: The acts or omissions complained of as constituting the offense and the qualifying Juan (People v. Tubongbanua, G.R. No. 171271, August 31, 2006).
and aggravating circumstances must be stated in ordinary and concise language and
not necessarily in the language used in the statute but in terms sufficient to enable a Q: When may a complaint or information be amended?
person of common understanding to know what offense is being charged as well as its ANS:
qualifying and aggravating circumstances and for the court to pronounce judgment 1! If made before the plea, the general rule is that any amendment, formal or
(RULES OF COURT, Rule 110, Sec. 9). substantial, may be done without need for leave of court. However, where the
amendment downgrades the nature of the offense charged or excludes any
Q: Can an accused charged of a complex offense be convicted of one of the accused from the complaint or Information, the amendment can be made only
component offenses? upon motion by the prosecutor, with notice to the offended party, and with
ANS: Yes. Where a complex crime is charged and the evidence fails to support the leave of court.
charge as to one of the component offenses, the defendant can be convicted of the 2. If made after the plea, only formal amendments may be made and it shall
offense proven (Briguera v. People, G.R. No. 229992,, June 5, 2017). require leave of court and such amendment should not be prejudicial to the
rights of the accused. When a4ta.ct supervenes which changes the nature of
Duplicity of the Offense; Exception, the crime charged in the ,Information, or upgrades it to a higher crime, a
ee: k 1 1 substantial amendment Rey b,e.",inade with a need for a re-arraignment of the
Q: What is the rule on duplkiityp of offermes?
A complaint or afinformptlosrmust'Otiarge,96 ope,offe ) re (RULES OF COURT, accused under the amenkOnfo'frilation (RULES OF COURT, Rule 110, Sec.
ANS:
.Nintgnation is defective it'i4s̀haLges:tvo or more distinct or 14).
Rule 110, Sec. /3)"
different offenses peopte:7CC r,,Gra'R. Nd.- 23-1925;.Novents'21 2018). •A. . .
Q: What are the instances when an•infOrtnation rney'lle::eubstituted?
If 7ne7j ")
:A 7 . \ ANS: If it appears at apy,Affie before judgment that a'rnistake has been made in
Q: What is the rationale behind the rOte enjoining the charging of two or more
offenses in aniugormtion?i charging the proper offense, the court shall dismiss the original complaint or Information
1 W1‘ upon the filing of a neW,,one.charginoithe Proper offense, provided the accused shall not
ANS: The rationale to give the,,accus,ed
i the ,,accused the necessary ltowledge of the charge
• t be placed in doublejedpard9.(RULES OF!OURT, Rule 110, Secs 14).
against him arid enable him tq sufficiently prepare , prepare for his defense. TIA State should not
or more Oaroes;Which might co !fabel-i'm in his defense ••
heap upon thg accused twpi
' - '7 • -'',1 Q: DistinguWamendment from substitution.
(People v. CC0,-1 -sapra). c .„,.4\_________ ANS: The digthibtions areas. follows.
, .,..-\ /- --1 t
F
: 77' i .1..:' ' . :A/ 4 ‘,,
(.15‘ \",-^\
Q: Is the rule diQ dupliRfty ot.Ofte,n_•!es:ebsohite, .
Amendment Substitution
ANS: No. The fol'owing are thexRptkii:&nsi (V,-E,G.O.'52)i
1 Crimes susceptible of being&commitfedin Variou.. modes. As to its Applicability
2. Special complex ciltne,,.__ N 'i t:N11, 7 4r
3. Crimes ofNwhicht,4ottoff . ts„, > - ,Aan, Element thereof (principle of It applies to both form'and substance. OftApptip*orlyAto substantial changes in
absorption); N:1 2, -401. . -,.2.\\ .;' the original charge because a new
4. Compound and cbmpi.exprimesM IN\ -, complaint or Information is charged as a
5. Continuing crimes or delft° contrnuado*,ancr substitute for the original charge.
6. Where a single act violates 2 or more distinct statutes (RIANO, Criminal
Procedure: The Bar Lecture Series (2016), p. 105-111) thereinafter, RIANO, As to Necessity of Leave of Court • ;•
Criminal Procedure].
Amendment before the plea has been Substitution of information must be with
Q: What is the remedy of the accused if the Information charges two or more entered can be effected without leave leave of court as the original information
of court has to be dismissed.
offenses?
ANS: Ordinarily, an information that charges multiple offenses merits a quashal, but the Amendment after the plea can be
failure of the accused to raise this issue during arraignment constitutes a waiver, and effected only when there is leave of
they could be convicted of as many offenses as there were charged in the information court (RULES OF COURT, Rule 110,
(Fajardo v. People, G.R. No. 190889, January 10, 2011). Sec. 14).

Amendment or Substitution of Complaint or Information As to rklecessity•of Another Preliminary Investigation

Q: Is the amendment to include aggravating circumstances a substantial change
When amendment is as to form, there There is a need for another preliminary
which cannot be done after plea?
is no need for another preliminary investigation and the accused has to
ANS: No. The insertion of the aggravating circumstances of dwelling and insult or investigation.
disregard of the respect due to rank, age or sex of the victim is a formal, not a plead anew to the new complaint or
substantial, amendment. These amendments do not have the effect of charging another information.

606 607
 Q: Distinguish a transitory offense from a continuing offense.
,to BPI,Lca k),9, b plFc114 . „..... • ANS: A transitory offense is one where some acts material and essential to the crime
It involves the same offense originally It presupposes that the new Information occur in one place and some in another, in which case, the rule is settled that the court
charged or to an offense which involves a different offense which does of either province where any of the essential ingredients of the crime took place has
necessarily includes or is necessarily not include or is not included in the jurisdiction to try the case, such as estafa, malversation or abduction (People v. Olermo,
included in the original charge, hence, original charge, hence, the accused G.R. No. 127848, July 17, 2003).
substantial amendments to the cannot claim double jeopardy (RULES
OF COURT, Rule 117, Sec. 3). On the other hand, a continuing offense is one which, although all the elements
Information after the plea has been
taken cannot be made over the thereof for its consummation may have occurred in a single place, yet by reason of the
objection of the accused, for if the very nature of the offense committed, the violation of the law is deemed to be
original Information would be continuing, such as kidnapping, illegal detention where the deprivation of liberty is
withdrawn, the accused could invoke persistent and continuing from one place to another and libel where the libelous matter
is published or circulated from one province to another (In re: Umil v. Ramos G. R. No.
double jeopardy.
81567 July 9, 1990).
(PINEDA, Criminal Procedure supra at 52)
Intervention of the Offended Party
Venue of Criminal Actions
Q: May the offended party interverie*ths prosecution of a criminal action?
IT ilI k
Q: Where should a crimi allcube. be mstit te ? ANS: Yes. The offended party hai*:441g6t.'..to intervene by counsel in the prosecution of
ANS: The general rules t at te,criminal arcort=s4lI tioeinjAted in the courts of the the criminal action, where the civirigtioriA4trecovery of civil liability is instituted in the
municipality or terptb ,prihere-lhoffe9se-wp.,„Lccirri ittefP or any of its essential criminal action pursuant to Rule 1 ip .1,1:t4f
pvel Ale,,,9xceptio9p„ are: (WARN)
ingredients occurroedI Thelolloring are thetexqgptionsk \- 1. Where the offended pgrfy he0/9pedfastrighkto,ivhindemnity;
1. Whereiari‘o:41pse t? comattelton ,, a(railroad train
01. ei IN .,k 1. m a aircraft, or in any 2. Where the offendecpparty haPAIEeady institiitecrs4a104ection
otherpublic or private vehiclem,,the course of itilrip--- he criminal action 3. Where the offended party Flee Reserved his rightitelnstitute a separate civil
may be-instiOted aid-tried-in4e-Court-of-an,\/ mun cipali or territory where action (RULE49'COURT;;Rii101110, Sec. 16); onr i 7.,
such ft • rcraft o other vehicle Rassedfdugng suc *rip, i cluding the place 4. Where from We riature.oUthe crime and the law,-defining and punishing it, No
I ,4,4
of delbartur and arnyal; 1 '11:::., I 2,..1'cr
t civil liabjliWariseelrn favor of the offended party (Rodriguez v. Ponferrada,
2. Whet offeipelh commiffed7Cm boardmeslierinittie course of its G.R.,NPS:155531=34:July 29, 2'65).
voyabe - ke crqrtr,Tkactionlnre-instituted• ndilyeclitpe proper court of F.,,,,,
i..- -''...
the fir'sto Of ent\ 'OrN anrm rtioiPa ok pyhr,Weito thrdttgp which the vessel C PROSECUTION OP e VIL!ACTION(RU4E111)
passekiduringouc ,' •' ••;Ipy'.\ageTjlitilfe-dt.--qoifikik. enecally accepted principles of
international law4RU E.§Rr.Q,,O(llTILT 10, Sec. 15), Rule on Implied Institution-Of Civil ACtionhirith Crim inal Action
3. Feloniekrer Aqicle12(opheiRevjeld PenarCode shall be cognizable by
,,,asfIr..§t filed, Q: What is the general yule4overning thkinstj4ion of criminal and civil actions?
the prope ourt w e Di ' rididla ct n , ANS: The civil action f4r,;,the.- reconw.0904414140,ega,inst the offender is deemed
a. PirasT 143,,:e ue.9 pirac unlik -all biher crimes, has no territorial instituted together with the criminereCtiOnIRVLES'OrtaRT, Rule 111, Sec. 1).
limits. It , ay-b tied anyw h IR. -4
b. Libel - The aloft may ie rib I i t tlhe election of the offended or
Q: What are the exceptionsti.
suing party in the eit
ANS: The civil action is not deemed instituted in the following cases: (WAR)
i. Where the libelous article is printed and first published;
1. When the offended party Waives the civil action;
ii. If one of the offended parties is a private individual, where said
private individual actually resides at the time of the commission 2. When the offended party has Already previously instituted the civil action prior
to the criminal action; and
of the offense;
3. When the offended party Reserves his right to institute a separate civil action
iii. If the offended party is a public official, where the latter holds
office at the time of the commission of the offense (RPC, Art. (RULES OF COURT, Rule 111, Sec. 1).
360);
4. In cases filed under B.P. BIg. 22 - The criminal action shall be filed in the Q: When should the reservation of the right to institute the civil action separately
place where the check was dishonored or issued. In case of crossed-check, in be made?
the place of depositary or collecting bank; ANS: The reservation of the right to institute separately the civil action shall be made
before the prosecution starts presenting its evidence and under circumstances affording
5. Violations of R.A. No. 10175 (Cybercrime Prevention Act of 2012) - RTCs
have jurisdiction over any violation of the provisions of this Act, including any the offended party a reasonable opportunity to make such reservation (RULES OF
violation committed by a Filipino national, regardless of the place of COURT, Rule 111, Sec. 1).
commission (R.A. No. 10175, Sec. 21)
6. In exceptional circumstances - To ensure a fair trial and impartial inquiry,
the SC shall have the power to order a change of venue or place of trial to
avoid miscarriage of justice (CONST., Art. VIII, Sec. 5, par. 4).

608 609
Q: Give the instances where the reservation of the right to institute a civil action 3. Where the civil action is Consolidated with the criminal action; and
separately is not allowed. 4. When the civil action is not one intended to Enforce the civil liability arising
ANS: They are the following: from the crime.
1. In criminal actions for violation of B.P. Big. 22 (RULES OF COURT, Rule 111,
Sec. 1, par. b); Effect of Death of Accused or Convict on Civil Action
2. In criminal actions falling under the jurisdiction of the Sandiganbayan (R.A.
Q: What are the effects of the death of the accused on civil actions?
8249, Sec. 4); and ANS: The effects of the death of the accused on civil actions are as follows:
3. In tax cases (R.A. 9282, Sec. 7(b)(1)). 1. If the accused dies before arraignment, the case shall be dismissed without
prejudice to any civil action the offended party may file against the estate of
Q: Can the private offended party appeal the civil aspect despite the acquittal of
the accused (People v. Lipata, G.R. No. 200302, April 20, 2016);
the accused? 2. If the accused dies after arraignment and during the pendency of the
ANS: Yes. If there is an acquittal, an appeal on the criminal aspect may be undertaken criminal action, the civil liability arising from the delict shall be extinguished
only by the State through the Solicitor General. But the private offended party may
(RPC, Art. 89, par. i);
appeal the civil aspect despite the acquittal of the accused in a special civil action for 3. If the accused dies during appeal, his civil and criminal liabilities are
certiorari under Rule 65 of the Rules of Court (Dela Rosa v. CA, G.R. No. 116945, extinguished (People v. Alison, G.R. No. L-30612, May 3, 1983); and
February 9, 1996). 4. If the accused dies after line", judgment, the pecuniary liabilities of the
ta .11)4 T accused are not extingiiiskerd4Claims shall be filed against the estate of the
Q: In criminal cases, whatdoe civil c•Onsjtt of?
accused (RULES OF COURT', 86,Sec.5).
ANS: The civil liabilityOn of: . ..,. ..i: , 4,4
1. Civil inde '-ity elleto, equivalent e'actual,697nsatory damages in
Q: In what cases will civil actions be>unaffected by the death of the accused?
civil law; ANS: They are the following:
2. Moral damages, to c6
.-°--
rnpetl§ateifor mental nckstfering resulting from a
i I,—A7.-..
., ,,o•
,d, z,:\ 1. Where the civil liabiliti) is predicated on otheii*sources of obligations such as
wrong; atid(s,i law, contract,.,wasi-contract teniquasi-delict, or isr) ,independent civil action,
3. Exe lary damages, in cases mhere the offeVeti\ conduct is highly
._. sr the action maybe continuedgeqeinst the estate cif ithe accused after proper
repreperoble or thee c1/4 is an aggravating car .i ' stanceIs. 7Peo0e
-----
v. Jugueta G.R.
substitution ielnade_either as to tOe relatives or the estate; and
No. 202'124i, April 5, 201'6):';'- .., ilL . :' ;: ,-;" 2. If the civij,,action,h4 been reseilid and subsequently filed or such civil action
1
When Civil A d.1 y Prbiieed Indeaciefitly
,--?. \c..A \ t. : 1 ,,-,
has been instituted when the accused died, such civil action will proceed and
substitution of parties shall be ortgred by the court (RULES OF COURT, Rule
Q: What are ind§Rendent 19 \a,i, lorig 1.,
1 ,,,,/, (,,,,7 C AY 3, Segi'16k'
ANS: Independent civii‘actiOhOre,thoseprovided/cider Article 32 (fundamental rights
and liberties), Article 33‘.case. Jo ef.e.Tn b„9,n,ALid/andihysicayinjuries), Article 34 Prejudicial Question
(refusal or failure by police ocrp_nderaid-ocprfite5jon in case of danger to life or
property), and Article 2176 w ie,oka1),T-r,12
rthViViL Code They may proceed
Q: What is a prejudicial quektion?
ANS: A prejudicial queetionCie' understoodArLiipirtbille that which arises in a case the
independently of the CIVinaragtiAnte,!CLq,..,,
n ITr24uire only\Fpse$Onderance of evidence.
resolution of which is Oogical eiledeagriVaitheisstieifiVolved in said case and the
In no case shall the offeridid-pliVirecov r da ages ice for the same act or omission
cognizance of which pertains tO'ienother tribunal (Domingo v. Spouses Singson, G.R.
(RULES OF COURT, Rule 1'14, Se 3). l
Nos. 203287 & 207936,APril.52017).
--°''',.............-
Q: In case the private offended party is awarded damages in both the criminal and
D. PRELIMINARY INVESTIGATION
the independent civil action, which award shall be paid to him?
ANS: If the awards made in the two cases vary, the private offended party may recover Rule 112
the greater amount. This is still in consonance with the rule that the offended party
cannot recover damages twice for the same act or omission (Ace Haulers Corp. v. CA, Q: What is preliminary investigation?
ANS: It is an inquiry or proceeding to determine whether there exists sufficient ground to
G.R. No. 127932, August 23, 2000).
engender a well-founded belief that a crime has been committed and that the
When Separate Qvi/ Action Suspended respondent is probably guilty thereof and should be held for trial (RULES OF COURT,
Rule 112, Sec. 1).
Q: When is the separate civil action suspended?
ANS: In case the civil action has already been instituted before the criminal action, the Q: When is preliminary investigation required?
civil action shall be suspended until final judgment in the criminal action is rendered. In ANS: Except in cases of lawful warrantless arrests, a preliminary investigation is
such case, the offended party has the option of consolidating the civil action with the required to be conducted before the filing of a complaint or information for an offense
criminal proceeding (RULES OF COURT, Rule 111, Sec. 2). The bar on the institution where the penalty prescribed by law is at least 4 years, 2 months and 1 day without
or suspension of the separate civil actions has the following exceptions:(PICE) regard to the fine (RULES OF COURT, Rule 112, Sec. 1).
1. When the civil action raises a Prejudicial question;
2. In cases of independent civil actions under Articles 32, 33, 34, and 2176 of the
Civil Code;

610 611
 _41

Q: What is the nature of the right of the accused to preliminary investigation? Q: What shall the investigating prosecutor do after making the resolution and
ANS: The right to preliminary investigation is not a constitutional right, but is merely a before filing or dismissing the case?
right conferred by statute (Serapio v. Sandiganbayan, G.R. No. 148648, January 28, ANS: The investigating prosecutor shall seek the written authority or approval of the
2003). provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy.
No complaint or information may be filed or dismissed by an investigating prosecutor
Q: What is meant by probable cause for purposes of preliminary investigation? without the prior written authority or approval of the provincial or city prosecutor or chief
ANS: Probable cause has been defined as the existence of such facts and state prosecutor or the Ombudsman or his deputy (RULES OF COURT, Rule 112, Sec.
circumstances as would excite the belief, in a reasonable mind, acting on the facts 4).
within the knowledge of the prosecutor, that the person charged was guilty of the crime
for which he was prosecuted (Raro v. Sandiganbayan, G.R. No. 108431, July 14, 2000). Q: What is the effect when an information was filed by an officer without the
requisite prior authority?
Q: Who may conduct a preliminary investigation? ANS: Information filed before the courts without the prior written authority or approval of
ANS: The following may conduct a preliminary investigation: (Fi-SP-Oo) the provincial or city prosecutor or chief state prosecutor, or the Ombudsman or his
1. Provincial or city Fiscal and their assistants; deputy constitutes a jurisdictional infirmity which cannot be cured by silence, waiver,
2. National and regional State Prosecutors; acquiescence, or even by express consent. Hence, such ground may be raised at any
3. Such Other officers as may be.authorized by law such as: (COP2) stage of the proceedings (Quisay 4.v4. .P7.:1 G.R. No. 216920, January 13, 2016).
,,..,„;-t,
a. COMELEC ." 4,1
b. Ombudsman; Q: What is the remedy of thetaggneved party from the resolution of the
c. PCGGIParKI
N 2, investigating prosecutor? Y.0107-44..1,.:1
d. Cityoalidyroy . icial=s(RULES-OFDOURT, Rule 112, Sec. 2; ANS: An aggrieved party may appeal by a verified petition for review with the
PI EDIACrirrimal.Protfdpr at 2). Secretary of Justice, and by furpishig4Ohas,nbereof tothe adverse party and the
Prosecution Office issuing the,,,appeatakreOlbfiblitrdiNstlt2-#e following conditions:
• 1. The appeal shApetaken within:15 days from receipt of the resolution, or of
Q: What is theinatu eiand extent of theauthority of thembudsman to conduct
preliminary investigation? I the denial of. the motion for6reconsideration/reinveiligation. Only one motion
44.:rowi
ANS: The powett,ilestigafe—ard to proecute granted by lavi41,01e Ombudsman is for reconsideration, shall ba,„al d; ../ ti 14•
plenary and 445alified. It toertalb76"y3 any-abe-br omissionlof ariYi public officer or 2. Unless then,Secrtaryydirects otherwise, the appeal hall not stay the filing of
employee when sub act o omissibi.i ppaars to/be illegalrufjust, improper or the corresponding , in
. ,court;
court;
inefficient. Trielaw, doe make 4:Algi ction be ,, en cases cognizable by the 3. The.,Pai :ty filing 'a petitiorrlor g:..,, view is allowed qo file a motion for the
—.
Sandiganbayah and-itiosegniza• e •y ragu ar s,(0ffidex,ofothle Ombudsman v. sus* sloutAhjiwraigpment; 0; ,...,, . -t wriii-4-
cq

Breve, G.R. NoV145g38 FebrOt,k 10,100 -.. / \iii 4. If thelSecretaJusteelfinderthe

ry of samaq0 a'xPa(eiitlr without merit or
Note: The Omqidsmafl,s primprylunedibtibr.,'/aLit- coniurrent ith the DOJ, to manifestly for' delay,
, 14 [ when the issues raised therein are too
conduct preliminaryinvestigation •1:.-ctIneiinvolGIfig,publiVOfficers„,
c without regard to its unsubstaitglareil require consideraion, he may dismiss the petition outright;
commission in relation to Office, abNr),97,,b[e,en'Mettleipin Hona,an ll v. The Panel of 5. If the accused has already beettarraigneci prior to the filing of the petition, the
Investigating Prosecutors 9004 :R..fAktb,2-1'517,4,7; 13,,4prilf2004, and affirmed in petition shall not be n give due cdadgiffAheraccused has been arraigned after
subsequent cases (Busuego9,0ftleevf.the,-Ortibudgnam ndanao, G.R. No. 196842, ''2 ,petition„qpparratghment
the filing of tha; '•• ' '--- "P s re
••aot-bar
n the Secretary of Justice
October 9, 2013). ''4„U1 1.4\V from exercisinOhis pornr of review; and
6. In case of antfmtioble decision by the Secretary of Justice against the
Resolution of Investigation Prosecutor aggrieved party, tnalatter may file a motion for reconsideration within a non-
extendible period of 10 days from receipt of such decision (DOJ Circular No.
Q: What shall the investigating prosecutor do if he finds probable cause? 70, July 3, 2000).
ANS: If the investigating prosecutor finds cause to hold the respondent for trial, he shall
prepare the resolution and information where he shall certify under oath that: Q: May the courts review the findings of prosecutors?
1. He or an authorized officer personally examined the complainant and his ANS: No. The determination of probable cause for purposes of filing of information
witnesses; being essentially an executive function, the prosecutor and the Secretary of Justice
2. There is reasonable ground to believe that a crime has been committed and have wide latitude of discretion in the conduct of preliminary investigation. Their findings
the accused is probably guilty thereof; are not subject to judicial review, in the absence of grave abuse of discretion (Unilever
3. The accused was informed of the complaint and the evidence against him; and PHL, Inc. v. Tan, G.R. No. 179367, January 29, 2014).
4. The accused was given an opportunity to submit controverting evidence
(RULES OF COURT, Rule 112, Sec. 4). Q: When may a warrant of arrest be issued?
ANS: If the judge, after personally evaluating the resolution of the prosecutor and its
Q: What shall the investigating prosecutor do if he finds no probable cause to supporting evidence finds probable cause, he shall issue a warrant of arrest or a
hold the respondent for trial? commitment order if the accused has already been arrested pursuant to a warrant. In
ANS: The investigating prosecutor shall recommend the dismissal of the case. No case of doubt on the existence of probable cause, the judge may order the prosecutor to
complaint or Information may be filed or dismissed by an investigating prosecutor present additional evidence (RULES OF COURT, Rule 112, Sec. 5).
without the prior written authority or approval of the provincial or city prosecutor or the
Ombudsman or his deputy (RULES OF COURT, Rule 112, Sec. 4).

612 613
 yar d
f;e4rt ,

Q: In what cases is a preliminary investigation not required? 3. When the person to be arrested is a prisoner who has escaped from a penal
ANS: Preliminary investigation is not required in the following cases: establishment or place where he is serving final judgment or temporarily
1. Cases in which the imposable penalty does not exceed 4 years, 2 months and confined while his case is pending, or has escaped while being transferred
1 day (prision correccional in its maximum period); and from one confinement to another (RULES OF COURT, Rule 113, Sec. 5);
2. Where the accused who has been lawfully arrested without a warrant has 4. Where a person who has been lawfully arrested escapes or is rescued
undergone inquest proceeding (RULES OF COURT, Rule 112, Sec. 8). (RULES OF COURT, Rule 113, Sec. 13);
5. When the bondsman arrests a prisoner out on bail for the purpose of bringing
Q: What is an inquest? him to court; and
ANS: Inquest is an informal and summary investigation conducted by a public 6. Where the accused attempts to leave the country without the permission of the
prosecutor in criminal cases involving persons lawfully arrested and detained without the court (RULES OF COURT, Rule 114, Sec. 23).
benefit of a warrant of arrest issued by the court for the purpose of determining whether
or not said persons should remain under custody and correspondingly be charged in Method of Arrest
court (DOJ Circular No. 61, September 21, 1993). Q: Give and explain the different methods of arrest.
ANS: The following are the methods of arrest:
Q: What are the remedies of the accused if there was no preliminary
1. By an Officer with a Warrant- The officer shall inform the person to be
investigation? arrested of the cause of the ,a,rte:c and the fact that a warrant has been issued
ANS: The remedies of an ac, gysetlirce747,1.elinlinary investigation are:
fjled'Nke person lawfully arrested for his arrest except wh4fiediRs or forcibly resists before the officer has
1. Before the coTplaintt 4 inforrytiop opportunity to so inform4regFyhetn the giving of such information will imperil
without a wapnt,krny sjc,forwampre-li inary iivesfigktion, but he must sign a
of tfIeApyised Penal Code, as the arrest. The officer neeiiijog4ye the warrant in his possession at the time
waiver / of hp,pro,ljons of Article 1
ith-slanding the waiver, he may of the arrest, but after the wegathe„Rerson arrested requires, the warrant
amended in ttle,pses_, 'cornsel aiiv,
ence-orhis4
,atee ithin 15 days from its shall be shown to him„os sgortasiprd6Kable„(Rfd$ OF COURT, Rule 113,
apply fof jell,rid'therinves atig ' must be ernil'" Sec. 7).
inception; and A, A\ .
I 2. By an Officepwithout a Warrapt - The officer shallOnform the person to be
2. After e filing of thecomplain4rInformatio in cod itiVut a preliminary arrested of hreeuthority and the
inves iga ion the accused may irwit indays from e ti e he learns of its of the arressfuhless the latter is either:
- a. Engdg,i840q,commissigo of an offense:,
filing, cask-i or a pkeliniin4tt-inVgsligiticin vyth
i the amelright to adduce
b. Is.kRursueg,:t0lediately after its commission or
evidence Iti his defe se as-proVkleclin this Rule (RUIrESIOF COURT, Rule c. 44Etcapes or flees, or,fgrcigly resists before thd officer has opportunity to
112, Sec. ,— L--,
I i So inform0m, or when fiTO giving of such Vormation will imperil the
Note: A motio for imi yestigatio file he 5 darl eplementary period
1 arrest OF COURT Rule 1181--1,'seel8),17,3.-4,0
is a prohibited o nd -6Kbe de6ieekOutrigh el re the scheduled arraignment 3. By a 'privatetiRers,on-ZH shVli inform the •persopttoobe arrested of the
without need of command a'ri arpr\Op osi Nd 15!06-10-Sb, Subheading Ill, intentionlo. an-esti:11m and the cause of the arrest unless the latter is either:
item no. 2). a. Enbidged in the commission of an offense;
IENT13.%) b. Is puriued immediately alteqiigggrnmi,ssion; or
E. ARREST (RULE 113) c. Escap.(1)1flees, orfoLcibly4dbas*fgiethesofficer has opportunity to so
Q: What is arrest? informffiim, or w,6011 the giving of such information will imperil the arrest
ANS: Arrest is the taking oftkdrson Iritg pusto rig,order that he may be bound to (RULES:OF COURT, Rule 113, Sec. 9).
answer for the commission of an offense:(ROCES.OrCOURT, Rule 113, Sec. 1).
Requisites of a Valid Warrant Arrest
Arrest. How Made
Q: State the requisites of a valid warrant of arrest.
Q: How is an arrest made? ANS: They are:
ANS: Arrest is made: 1. It shall be issued upon probable cause which must be personally determined
1. By an actual restraint of a person to be arrested; or by a judge after evaluating the resolution of the prosecutor and its supporting
2. By the submission of the accused to the custody of the person making the documents; and
arrest (RULES OF COURT, Rule 113, Sec. 2). 2. The warrant must particularly describe the person to be arrested in connection
with a specific offense of crime (CONST., Art. Ill, Sec. 2).
Arrest Without Warrant: When Lawful
Determination of Probable Cause for Issuance of Warrant of Arrest
Q: State the instances when an arrest without warrant is lawful.
ANS: A peace officer or a private person may, without warrant, arrest a person: Q: What is meant by probable cause in connection with the issuance of a warrant
1. When, in his presence, the person to be arrested has committed, is actually of arrest?
committing, or is attempting to commit an offense; ANS: Probable cause for the issuance of a warrant of arrest is the existence of such
2. When an offense has in fact just been committed, and he has probable cause facts and circumstances that would lead a reasonably discreet and prudent person to
to believe based on his personal knowledge of facts and circumstances that believe that an offense has been committed by the person sought to be arrested (Ho v.
the person to be arrested has committed the crime; People, G.R. No. 106632, October 9, 1997).

614 615
 Q: State the procedure for the issuance of warrant of arrest. Nature
ANS: The procedure is as follows: Q: What is the nature of the right to bail?
1. Within 10 days from the filing of the complaint or information, the judge shall ANS: The right to bail is a constitutional right. Moreover, the constitutional right to bail
personally evaluate the resolution of the prosecutor and its supporting "flows from the presumption of innocence in favor of every accused who should not be
evidence. subjected to the loss of freedom as thereafter he would be entitled to acquittal, unless
2. He may immediately dismiss the case if the evidence on record clearly fails to his guilt be proved beyond reasonable doubt" (Government of the United States of
establish probable cause. America v. Purganan, G.R. No. 148571, September 24, 2002).
3. If he finds probable cause, he shall issue a warrant of arrest, or a commitment
order when the complaint or information was filed pursuant to a lawful Q: What is the constitutional basis of the right to bail?
warrantless arrest. ANS: All persons, except those charged with offenses punishable by reclusion perpetua
4. In case of doubt on the existence of probable cause, the judge may order the when evidence of guilt is strong, shall, before conviction, be bailable by sufficient
prosecutor to present additional evidence within 5 days from notice and the sureties, or be released on recognizance as may be provided by law. The right to bail
issue must be resolved by the court within 30 days from the filing of the shall not be impaired even when the privilege of the writ of habeas corpus is suspended.
complaint or information (RULES OF COURT, Rule 112, Sec. 5). Excessive bail shall not be required (CONST., Art. III, Sec 13).
Q: May the accused file a motion for judicia determination of probable cause? When a Matter of Right: Exceptions 1,
ANS: No. A motion for judicialodetermgatiqnr p 'bake cause is a prohibited motion
and shall be denied outrigyierefo the ettedu rreig merit without need of comment Q: When is bail a matter of right?",
and/or opposition (Ay! T 0,64 -SG; Sub eac ,‹ I o.2). ANS: All persons in custody shatp0dMitted to bail as a matter of right, with sufficient
sureties, or released on recognizance 'AN4
Distinguish Probablellake of aProggErSirfrom.thottot Judge 1. Before or after convictionlby4beWeiland
r W7 V
Q: Distinguish the j ge's getermi 'atisnofmobab e caus ro the prosecutor's
2. Before conviction by!,the AT4i5f44e1-11 1:Tfferieje:jr6Opunishable by reclusion
perpetua, life imprisonment or death (RULES OF COURT, Sec. 4, Rule 114).
determination if probable cause. 3. Prior to convection for an offene9 punishable by death, reclusion perpetua, or
ANS: The prosecutor passeso-upon-whetbWhere-is-r psona le groupd to believe that life imprisonment when evidence of guilt is not strong (Enrile v.
the accused isiguflat 9f the o((ffense..chargedand hould be heldFfdetrtal. The judge, on Sandiganbayan, No. 213847; August 18, 20,15).:'
the other hand, determines Othethekf warran,-;;of arrest shouifl.bkliispued against the •. P-• r'

accused, i.e., Iviierhe there- necege_0116r,pracingfilimluncOr immediate custody in When a Matter of Discretion
order not to frdstrate\ e end of-justice=(-rift-v:-ArecOr. 41-01-164Z March v
6, 2002). The 1 in of plfmkkary it .e tigaien tive in nature. It is part of the Q: When is ball'a mafferiotAiscretk9n?
prosecution's joll. The etecondtdQfzi-ple inine" inteptigatton which is more properly ANS: Bail is a matter ofdi,ecretion:0'4:
called preliminarSitexamination`i riat d is lo ' ged with the judge (People 1. Upon conyiption bythe RTC of offense not punishable by death, reclusion
v. Inting, G.R. No..t88919,1ily 25r1990,) perpetua or life imprisonment (RULES OF COURT, Rule 114, Sec. 5); and
/ENT\ ?` 2. If the RTC bas imposed a penalt7crimprisonment exceeding six years,
F. BAIL (RULE 114) provided non0fIhe circyinsjericeeclidynerated?Ander paragraph 3 of Section
5, Rule 114 isxesent4lollows: (HaQR2-ESC-P2C-FUn)
Q: What is bail? a. That he, is a !Habitual delinquent, Quasi-recidivist, Recidivist, or has
ANS: Bail is the security given of person in custody of the law, committedlbecrime aggravated by the circumstance of Reiteration;
furnished by him or a bondsman, to g arantee his appearance before any court as b. That he has previously Escaped from legal confinement, evaded
required under the conditions set forth in the Rules (RULES OF COURT, Rule 114, Sec. Sentence, or violated the Conditions of his bail without valid
1). justification;
c. That he committed the offense while under Probation, Parole, or
Q: What is the purpose of bail? Conditional pardon;
ANS: The purpose of bail is to relieve an accused from imprisonment until his conviction d. That the circumstances of his case indicate the probability of Flight if
and yet secure his appearance at the trial (Villaluz v. Court of Appeals, G.R. No. 176760 released on bail; or
(Notice), June 5, 2013). e. That there is Undue risk that he may commit another crime during the
pendency of the appeal (Enrile v. Sandiganbayan, supra).
Q: What are the forms of bail for the release of a detained person?
ANS: Bail may be given in the form of: Hearing ofApplication for Ball in Capital Offenses
1. Corporate surety (RULES OF COURT, Rule 114, Sec. 10);
2. Property bond (RULES OF COURT, Rule 114, Sec. 11); Q: What is a capital offense?
3. Cash bond (RULES OF COURT, Rule 114, Sec. 14); or ANS: A capital offense is one which, under the law existing at the time of its commission
4. Recognizance (RULES OF COURT, Rule 114, Sec. 15). and of the application for admission to bail, may be punished with death (RULES OF
COURT, Rule 114, Sec. 6).

616 617
Q: Is a hearing required in the application for bail in capital offenses? 3. When the offense charged is a violation of an ordinance, light felony or a
ANS: Yes. A summary hearing shall be held in order for the prosecution to show that criminal offense, the imposable penalty wherefore does not exceed 6 months
the evidence of guilt of the applicant for bail is indeed strong (RULES OF COURT, Rule of imprisonment and/or fine of P2,000 where said person has established that
114, Sec. 8). Petition for bail filed after the filing of the information shall be set for he is unable to post the required cash or bail bond. Instead of bail, he shall be
summary hearing after arraignment and pre-trial. It shall be heard and resolved within a required to sign in the presence of 2 witnesses of good standing in the
non-extendible period of 30 days from the date of the first hearing, except in drug cases community a sworn statement binding himself, pending final decision of his
which shall be heard and resolved within 20 calendar days (A.M. No. 15-06-10-SC, case, to report to the Clerk of the Court hearing his case periodically every two
Subheading Ill, item no. 10). weeks (R.A. No. 6036);
4. If before finality of a judgment of conviction, the accused applies for probation,
Q: How should the judge conduct the hearing in application for bail in capital and no bail was filed or the accused is incapable of filing one, the court may
offenses? allow his release on recognizance to the custody of a responsible member of
ANS: The court shall examine the witnesses on their direct testimonies or affidavits to the community (RULES OF COURT, Rule 114, Sec. 24);
ascertain if the evidence of guilt of the accused is strong. The court's questions need not 5. In case of a youthful offender held for physical or mental examination, trial or
follow any particular order and may shift from one witness to another. The court shall appeal, if unable to furnish bail and under the circumstances (P.D. No. 603,
then allow counsels from both sides to examine the witnesses as well. The court shall otherwise known as The Child and Youth Welfare Code);
afterwards hear the oral arguments o e.parli on whether or not the evidence of guilt 6. Criminal cases covered by the Rule on Summary Procedure except when the
is strong (A.M. No. 12-11-2-SOe arch 26, 2101 accused failed to appear when irequired (Rule on Summary Procedure, Sec.
16); and Sartift .
i 0-
Within 48 hours after he ripTkthe court.sha114ssi..Le.on order containing a brief summary 7. In cases not requiring prelior, investigation nor covered by the Rule on
of the evidence adlifit . eil 1306 ,61-followed by its ce3KCILRial of whether or not the Summary Procedure virllerVAig:pc judge is , satisfied that there is no
evidence of guilt is tratA , cticonclirsTopholl-notbe Karcie is a pre-judgment on necessity for placing thoggoVaAlpVrcustody, infyvhich case he may issue
the merits of the •acelayis to be delerthiried&only a er 'a NJIglrowe trial (A.M. No. 12- summons instead ofAaVarararOff&reifiklaLStVCOURT, Rule 112, Sec.
11-2-SC, March 6, 20/1 ). P 1,4., .,.):`&
,-. r 8).
Cr't .?•t.
1).
Guidelines in Fix, Amount ofBc7i Increase or ReductiortOf gall ,f a4
-Fit, .•,' ,
4.--i II ..1 't 741.!v;-/
Q: What are the guidelines ih settipg'the amount of. ail? Q: May the bail beilntrease#.or decreasAd? r „.
ANS: The judgeOs o issuedikie wanWit161.1ffrghted t e•-application r bail shall fix a ANS: Yes Aftefrthe accused Ills been gOted bail, the` court may, upon good cause,
14” 4 4. !
reasonable ampunt,o, ail ,cotasiqering-plitiferilyrbut-ilo 1r'ited o tt g ollowing factors: either increaskiredugp0 amount Whe,pe cf amooppolop4reased, the accused
1. FinanbiWilikty oftkgscuseilito:giVaAsiltf,,/,;" may be committed ifitO'cui*y if1"hs,poes riot give bal&irrnei)ocrie6SOd. amount within a
2. Naturekand,circums nces ofthe bffe_OSer ,-,(-- reasonable periRd. 1/41'2-Accf,ised release ilfr'ithout baitliporikfilihtg'Of the complaint or
1,, ,y - \\. -- -...,;,
3. PenaltKor the o ens charged; Information may, 6.Vonpsiiii'§equeneistagpf the proceedings and whenever a strong
4. CharacT re y,,tatio ph: showing of guilt appears to the couit, be rpmgeftto give bail in the amount fixed, or in
5. Age and h alth of theACcUSectE lieu thereof, committed to custody (RULESO,F9.01.7/ T, Rule 114, Sec. 20).
6. Weight of eviotencitFinstte accused ,c‘
7. Probability of tfie,_acettglappegAlktlelii Forfeiture and Cancellation ofBa/I
,;,,i : ±s,i
8. Forfeiture of other Q: When may the bail be,forWted?
9. The fact that the accused‘wassa&glivegr• m justice when arrested; and ANS: If the accused fails teappear in person as required by the court or the rules, his
10. Pendency of other cases when the accused is on bail (RULES OF COURT, bail shall be declared forfeited. An order of forfeiture of the bail bond is conditional and
Rule 114, Sec. 9). interlocutory, there being something more to be done. The bondsmen are allowed 30
days from the order of forfeiture to produce the body of the accused or give reasons for
When Bail Not Required
his non-production and explain why the accused did not appear before the court when
Q: When is bail not required? first required to do so. Failing in these 2 requirements, a judgment shall be rendered
ANS: Bail is not required in the following instances: against the bondsmen, jointly and severally, for the amount of the bail (RULES OF
1. A person who has been in custody for a period equal to or more than the COURT, Rule 114, Sec. 21).
possible maximum imprisonment prescribed for the offense charged, without
prejudice to the continuation of the trial or the proceedings on appeal; Q: When may a bond be cancelled?
Note: A person accused of an offense with a maximum penalty of destierro ANS: Bail may be cancelled by application of the bondsmen with due notice to the
shall be released after 30 days of preventive imprisonment; prosecutor, upon surrender of the accused or proof of his death. The bail may also be
2. A person in custody for a period equal to or more than the minimum of the deemed automatically cancelled upon acquittal of the accused, dismissal of the case or
principal penalty prescribed for the offense charged shall be released on a execution of judgment of conviction (RULES OF COURT, Rule 114, Sec. 22).
reduced bail or on his own recognizance, at the discretion of the court (RULES
OF COURT, Rule 114, Sec. 16);

618 619
Q: What is the remedy of the bondsman if the petition for cancellation of bail is Q: Where is an application for a PHDO filed?
denied? ANS: The application for a precautionary hold departure order may be filed by a
ANS: Citing the old case of Babasa, it state that an appeal should be available in prosecutor with any regional trial court within whose territorial jurisdiction the alleged
denials of petitions for the cancellation of a bond. Nothing in Babasa, however, limits the crime was committed: Provided, that for compelling reasons, it can be filed with any
remedy to an appeal only. Inasmuch as the said petition to procure the cancellation of regional trial court within the judicial region where the crime was committed if the place
the bond was denied without further process of law, it is unquestionable that the order of of the commission of the crime is known; Provided, further, that the regional trial courts
court denying it could be appealed from, for the reason that if this last decision were not in the City of Manila, Quezon City, Cebu City, Iloilo City, Davao City, and Cagayan de
appealable, it would become final, without ulterior remedy, and would work irreparable Oro City shall also have the authority to act on applications filed by the prosecutor
injury to the petitioner (Cruz v. People, G.R. No. 224974, July 3, 2017). based on complaints instituted by the National Bureau of Investigation, regardless
where the alleged crime was committed (A.M. No. 18-07-05-SC, Sec. 2).
Application not a Bar to Objections in Illegal Arrest. Arrest. Lack of or Irregular
Preliminary Investigation Q: How is a PHDO instituted?
ANS: Upon motion by the complainant in a criminal complaint filed before the office of
Q: Does an application for bail bar the accused from questioning the validity of
his arrest or the validity of the warrant, or the manner of conducting the the city or provincial prosecutor, and upon a preliminary determination of probable
preliminary investigation? cause based on the complaint and attachments, the investigating prosecutor may file an
application in the name of the People,4qf the Philippines for a precautionary hold
ANS: No. An application for oroeatlifirsTdirldballs,hall not bar the accused from departure order (PHDO) with the prppeeregional trial court (A.M. No. 18-07-05-SC, Sec.
challenging the validity of hisarrnt. or the Idgajitylif ethekwzrant issued therefor, or from 3).
assailing the regularityyrTqueViEinipg the-As'ence_tof apreliminary investigation of the
charge against him, pr/ovidezil tlifrhf raises Itierriegrc?e 7king his plea. The court
Q: When may a PHDO be liftedV
shall resolve the mptter„asieprly al,psacticable but not aty haA,the start of the trial of ANS: It is lifted by the court that tS8qedith'e order;: upon filirigtclf a verified motion by the
the case (RULESiO4t0r/Rale 1 114,
r,
Sec. 26).
/A respondent, in the following cases
1. Where, based on:the complaint-affidavit and the' evidence that the respondent
Q: What remedies are avaliable to the accused?
willpresent, tftbre is doubt that probablecause exiifgcto issue the PHDO or it
ANS: The acctise ay file a/ is shown that,he cir she is nOt`a Might risk: Provided, brat the respondent posts
1. Motiob ash warrant, of arrest4 or
a bond; ProViaecifturther;that tHe lifting of the pi-0°)p without prejudice to
2. Motion for reliminary inveStigation with prior leave ot wsal, when the regular the resolution of the
preli irta illvestig4ion isrequired was not-actually conducted (A.M. No. investigation againseithetespondent (A.M. No.
Sbbligading-Illrite ror-2 18-072b5-SC SeC 7)• or
15-0 -10- ,z.• • 2. Whesephe,prosaCutor After preliminary
preliminaryinzeStiggtio
n3lisVses the criminal
Hold Departure Orderand Bureau otlinfiilgi- cition;14/citch List complaint for lack of probable catke (A.M. Nc1.41801009rSec. 5).

Q: Who may su
\
ise a Hold,Departi‘iurap(HDO)7
e[440,
G. ARRAIGNMENT A. AVPLEAMULE1104
tg
q
ANS: An HDO mayope issueckonlybsyqi-e7:egikon&Trial(Courts i 'criminal cases within Arraignment and Nem Howfrfade
their exclusive jurisdiction (0,0k•CjicZof-3±72,.;,,,1"
PC)
Q: May the DOJ issue a WO Departura•Ordkr-?\
Q: What is an arraignnjent?
ANS: Arraignment is the forrneniode and manner of implementing the constitutional
ANS: No. The DOJ does n5tql42.2heliriAerent- ..ower to issue an HDO, unlike the right of an accused to bOAnfurrned of the nature and cause of the accusation against
courts, or to restrict the right to travel'in aryivay. DOJ Circular No. 41 is an invalid him (Taglay v. Daray, G.Rt
. N6.4164258, August 22, 2012).
impairment on the right to travel, and therefore, unconstitutional (Genuino v. De Lima,
G.R. No. 197973, April 17, 2018). Q: What are the purpose of arraignment?
ANS: The purposes are:
Q: May the DOJ issue a Watch List Order? 1. To appraise the accused of the possible loss of freedom, even of his life,
ANS: No. The WLO also does not bear a significant distinction from an HDO, thereby depending on the nature of the crime imputed to him (People v. Monteron,
giving the impression that they are one and the same or, at the very least, G.R. No. 130709, March 6, 2002);
complementary to each other. That the subject of an HDO or WLO suffers the same 2. To inform him why the prosecuting arm of the State is mobilized against him
restriction in the right to travel is implied in the fact that in either case, the concerned (Id.); and
individual has to seek permission to leave the country from the court during the 3. To inform the accused of the reason for his indictment, the specific charges he
pendency of the case against him (Genuino v. De Lima, supra). is bound to face, and the corresponding penalty that could be possibly meted
against him (Kummer v. People, G.R. No. 174461, September 11, 2013).
Q: What is a Precautionary Hold Departure Order (PHDO)?
ANS: It is an order in writing issued by a court commanding the Bureau of Immigration Q: Where should arraignment be made?
to prevent any attempt by a person suspected of a crime to depart from the Philippines, ANS: The accused shall be arraigned in the court where the complaint or information
which shall be issued ex-parte in cases involving crimes where the minimum of the was filed or assigned for trial (RULES OF COURT, Rule 116, Sec. 1).
penalty prescribed by law is at least six (6) years and one (1) day or when the offender
is a foreigner regardless of the imposable penalty (A.M. No. 18-07-05-SC, Sec. 1).

620 621
Q: How is arraignment made? 2. The lesser offense is necessarily included in the offense charged (RULES OF
ANS: Arraignment shall be made in open court by the judge or clerk by furnishing the COURT, Rule 116, Sec. 2).
accused a copy of the complaint or Information, and reading the same in the language
or dialect known to the accused. He shall then be asked whether he pleads guilty or not Q: What is the effect if the plea to a lesser offense is without the consent of the
guilty. The accused must be present at the arraignment and must personally enter his offended party and the prosecutor?
plea. Both arraignment and plea shall be made of record, but failure to do so shall not ANS: The conviction of the accused to the lesser offense is not a bar to another
affect the validity of the proceedings (RULES OF COURT, Rule 116, Sec. 1). prosecution for an offense which necessarily includes the offense charged in the former
information (People v. De Luna, G.R. No. 71969, June 22, 1989).
Q: May the accused waive the reading of the information?
ANS: Yes. the court, upon personal examination of the accused, may allow a waiver of Accused Pleads Guilty; What the Court Should Do
the reading of the information upon the full understanding and express consent of the
accused and his/her counsel, which consent shall be expressly stated in both the Q: What is the effect when the accused pleads guilty to the crime charged in the
minutes/certificate of arraignment and the order of arraignment. The court shall explain information?
the waiver to the accused in the language or dialect known to him/her, and ensure the ANS: It depends:
accused's full understanding of the consequences of the waiver before approving the 1. If the accused pleads guilty to the crime charged in the information, judgment
same (A.M. No. 15-06-10-SC, Subheading:111,d em no. 8). shall be immediately rendered (A.M. No. 15-06-10-SC, Subheading item
no. 8); and ,,t;i-1.4
Q: What is a plea? 2. If he pleads guilty to a capftetoftekse, the court should:
ANS: A plea is a formayre(aor esponsege,quired of the accused after the complaint a. Conduct a segetinpaRluiry into the voluntariness and full
or Information has beg teaeJ,to•him. It is his brief answer tothPiccusation by declaring comprehension ofAl‘'gcoe,quences of the plea;
4• , INEEl&C(inal Procedure, supra b. Require the proiecUti9hgtOrelent evideAce to prove the guilt and
in open court eithe he • ords guilty-60Y—Tdr§ttilty4
r ,,:.,
'1' precise degree ofCitkeblktylaitapmea
at 295).
7 ,, '-,,_../-- c. Ask the accused if heVdgeires to present in his behalf and
Grounds forSLfspension ofArraignment...., allow him do so if he desires (RULES OF COURT, Rule 116, Sec. 3).
,11 i 1,- , - 4,i -. 4 i 2
t....,-*4 t .
Q: What are tile,.riruntids for suspendingilarraigrtment? Searching Inquiry .. , '
ANS: The arraignment shall be lapehd§d\u[io'll motion by the proper party in the 1e \ .
&.t 20 Q: What is the meaning of the.duty of We judge to conduct a "searching inquiry?
following cases.
a' . r--11 ti------) 11 , 141,
1. The qccugect app\pe. to-be-eUffer.itgifrom-9n)ilrieourlidmental condition which ANS: A searching inquiry must not only comply with the requirements of paragraph a,
,, ,t
effectiy61flegder ', nablto f9119)un e,sted the "chatge against him and Section 1 of Ruleii6.1)utSst also.
PI . q.• g....!S:p,,.,.,Z....Alork. ,.„
V..,L.;
to pleachiitelligent) 4eto; 471 •4;-(P:7` -(..N` 1. Expound on the events that actually took OlaceAluringc.the arraignment, the
,.,..,- A,
2. There exists
\\\ a valid prOuiet. 9 esti h / words spoken en6ithe Warningsohven, with spediel=gttention to the age of the
3. A petitio for review o e of • , d thedOrosecut& is pending at the accused,'wjeduceffonal attainment and socio-economic status as well as the
Departme t of Justice O , npjcipselathe ,eVent; i prOvided that the period manner oV his arrest and dete0.5-445 provision of counsel in his behalf
of suspension shalriiNkcee -60:iclis4ouQte'd'fro the filing of the petition during the cuetodithi'nd prelith#%miesAlget4e, and the opportunity of his
defense counsel to cenfertiVith4 tilnilaThelet'thatters are relevant since they
./ mpj
(RULES OF aCkUkTillele ir6rSec. /1./..\\2.
serve as trustworthy indices of his capacity to give a free and informed plea of
guilt; % ',. -,,
When Should a Plea of Not GuiltrbeEntered....0'
2. Explain the essential 'elements of the crime he was charged with and the
Q: When shall a plea of not guilty be entered for the accused? penalty and civil liability; and
ANS: A plea of not guilty shall be entered where the accused: 3. Direct a series of questions to defense counsel to determine whether he has
1. Refuses to plead; conferred with the accused and has completely explained to him the meaning
2. Makes a conditional plea; of a plea of guilty. This formula is mandatory and absent any showing that it
3. Pleads guilty but presents exculpatory evidence (RULES OF COURT, Rule was followed, a searching inquiry cannot be said to have been undertaken
116, Sec. 1); (People v. Molina, G.R. Nos. 141129-33, December 14, 2001).
4. Makes an ambiguous plea (People v. Strong, G.R. No. L-38626, March 14,
1975); or Improvident Plea
5. Interposes excuses or additional facts tending to exempt or relieve him of
criminal responsibility (People v. Bello, G.R. No. 130411-14, October 13, Q: What is an improvident plea?
1999). ANS: It is a plea of guilty made without proper advice, or recklessly entered by the
accused without comprehending its seriousness and consequences (PINEDA, Criminal
When may the Accused Enter a Plea of Guilty to a Lesser Offense Procedure, supra at 314).

Q: What are the requisites of a plea for a lesser offense? Q: What shall the court do with an improvident plea?
ANS: They are the following: ANS: At any time before the judgment of conviction becomes final, the court may permit
1. The accused shall get the conformity of both the offended party and the an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty
prosecutor; and (RULES OF COURT, Rule 116, Sec. 5).
622 623
 •
H. MOTION TO QUASH (RULE .117) As to Necessity of Leave of co
Q: What is a motion to quash? A motion to quash does not require A demurrer to evidence under Rule 119
ANS: A motion to quash is a motion filed by the accused seeking the dismissal of the prior leave of court for the filing of a
information before entering his plea wherein he hypothetically admits the facts alleged in may be filed by the accused either with or
motion to quash. without leave court.
the information, and no facts contrary to those alleged or facts which do not appear on
the face thereof can be considered by the court in resolving it (PINEDA, Criminal As to the*Gtound -••
Procedure, supra at 332).
The grounds may be based on the A demurrer to evidence would necessarily
Grounds matters found on the face of the be predicated upon matters outside of the
Q: What are the grounds that the accused may invoke to quash a complaint or complaint or Information as when it complaint or Information such as the
Information? is alleged that the facts do not evidence or lack of it.
ANS: The following are the only valid grounds to quash a complaint or Information: constitute an offense.
(Not-JJ-FAME-AP)
As to Effect if Granted
1. That the facts charged do Not constitute an offense;
2. That the court trying the case h•asj. 1() Jurisdiction over the offense charged;
When granted, a dismissal of the he grant of a demurrer on the ground of
3. That the court trying,the cos& e hasl 11Jurisdiction over the person of the case will not necessarily follow. DO kinsufficiency of evidence is, by
accused; court may even order the filing of, 1tvisprudence, deemed an acquittal and
4. That the office4filekiKIntoYm 'orificint A tflority to do so. new complaint or Information could preclude the filing of another
5. That it doevrTot cdVai: substantially to theRsreccrlhclorm; '
because an order sustaining046:14 information or an appeal by the
6. That Morftliato offense-is-defarged. cepii ,en Asingle punishment for motion is generally not a b.ar. rosecution.
various of ooi prscribsd byilaw;,,7 another prosecution.
7. That t?e crimi al action or lia6iliObasitzeen E ttingukstied;
8. That i contai , s AvIrments whfq4,,,if
A 4 true, wouldi co Oate a legal excuse or As to Effect if Denied
justifi MO; ilk ......ori
9. That he-al used has begri-PremovslpnOnvipted' or acquittycl of the offense The usual course togake0s,for the An accused Inti ,,! 5files
o i a demurrer to
charged, the case againSt-44as dismissed r.mtileswise terminated accused to proceed-Iniith4naf,_ and in f:0,idence with leave of court does not lose
withdpf s Vpreiss consent (RULESF C_Spfifule 117; Sec. 3). case of conviction, to appeal
,•ftlip
,,,,,.- right to present: evidence in the event
Note: A motion to piLiash inf:Or anon v4tr thp,sgrouiftpot olle.,*:fittiose stated in the therefrom ericriassign-es error the VS motion is denied -,
Rules is a prceol.ditehm4d,,, rtd shall .:474egeds-otitrig t before the scheduled denial of rthe ricdtiono quash Cdt-i the other; ,..,,'qe, rfd;t1,if,t0,filei the demurrer
,..
.4::,1
arraignment without need or0 end andfOrf pysitio (A.M. No. 15-06-10-SC, (Lalican v. %.yergaraiiyAR. 11176. without leave, ofackfrPand the same is
Subheading III, itTo. ). 108619, July 31',,,i9pf, • ISenied, he loses the right to present
'Nks .r, .,-- te ' vidence, in which event the case will be
Q: Can the court motu propilmuaspianlmfo aeon? deemed submitted for decision (De Carlos
ANS: No. Except on bRundr rpilookjuriglinjonoo_yeNtheOffzense charged, a trial court 44,CAW)R CIoz1,03065, August 16, 1999).
cannot motu proprio 0' h— LI jig formTio Peoples„' itafan, G.R. Nos. 107964-
66, February 1, 1999). -1 As to Remedies if Denied
wo,tr.o.
Distinguish from Demurrer to Evidence
If the court acted withbut or in The order denying the motion for leave to
excess of jurisdiction or with grave file a demurrer shall not be reviewable by
Q: How is a motion to quash distinguished from demurrer to evidence? abuse of discretion in denying the appeal or by certiorari before judgment.
ANS: The distinctions are as follows: motion to quash, then certiorari or
prohibition lies.
Motion to Quash ' Demurrer to Evidence
As.to the Time of Filing • ;• (RIANO, Criminal Procedure, supra at 414).

Filed before the accused enters his Filed after the prosecution has rested its
Effects of Sustaining the Motion to Quash
plea. case. Hence, presupposes that the
accused has already entered his plea and Q: State the effects if the court sustains the motion to quash.
is in fact already going through a trial. ANS: If the motion to quash is sustained, the court may order that another complaint or
information be filed, except if the motion was based on the grounds:
As to the Merits of the Case 1. That the criminal action or liability has been extinguished; or
Based upon the inadequacy of the evidence 2. That the accused has been previously convicted or acquitted of the offense
Does not go into the merits of the
case but is anchored on matters not adduced by the prosecution in support of charged, or the case against him was dismissed or otherwise terminated
directly related to the question of the accusation. without his express consent. If the order is made, the accused, if in custody,
guilt or innocence of the accused. shall not be discharged unless admitted to bail. If no order is made or if having

624 625
 been made, no new information is filed within the time specified in the order or 2. The offended party is Notified of the motion for a provisional dismissal of the
within such further time as the court may allow for good cause, the accused, if case;
in custody, shall be discharged unless he is also in custody for another charge 3. The court issues an Order granting the motion and dismissing the case
(RULES OF COURT, Rule 117, Sec. 5). provisionally; and
4. The public Prosecutor is served with a copy of the order of provisional
Exception to the Rule that Sustaining a Motion to Quash is not a Bar to Another dismissal of the case (RULES OF COURT, Rule 117, Sec. 8).
Prosecution
Q: When shall provisional dismissal become permanent?
Q: Is the grant of a motion to quash a bar to another prosecution?
ANS: The dismissal shall become permanent if:
ANS: As a general rule, no. The grant of the motion to quash is not a bar to another 1. The case is not revived within 1 year after the issuance of the order of
prosecution for the same offense except when:
provisional dismissal with respect to the offenses punishable by imprisonment
1. The motion was based on the ground that the criminal action has been
not exceeding 6 years or a fine of any amount or both; or
extinguished; and 2. The case is not revived within 2 years after the issuance of the order of
2. That the accused has been previously convicted or acquitted of the offense
provisional dismissal with respect to offenses punishable by imprisonment of
charged, or the case against him was dismissed or otherwise terminated
more than 6 years (RULES OF COURT, Rule 117, Sec. 8).
without his express consent (RULES OF COURT, Rule 117, Sec. 6).
L PRE-TRIAL (RULE118)
Double Jeopardy
Q: What is double jeopargyA
N Q: When is pre-trial mandatory?
ANS: Pre-trial is mandatory in ail44ifriindpases cognizable by the Sandiganbayan,
ANS: When a perso.ps ),,,k,e
.cha):ged41h r''"=''''
an offens&ail J 1 ife gre'ens terminated either by
Regional Trial Court, MetropolitagTr4441, Municipal Trial Court in Cities, Municipal
acquittal or convic ion o'r 1 d.r.,%,..other-planner,uySlibitIe'eNress consent of the
Trial Court, and Municipal Circ1.743(ipir_
0071%*91 1
, 7", Rule 118, Sec. 1).
accused, the latte xdrigoiagalin be ckkarg0 wits the '. ame oi; eide VI offense (RULES
OF COURT, Rut 117 c. 7). Jr ii% A
•. Q: When should arraignment and pre-tiffl be conducted?
I In\
0-prosper. ANS: Arraignment andtP:reqtrial shalltgelset within ten (10)Mendar days from date of
Q: State the reqUiettes for the-defenseliicdouble-jeo
it ..- ti 1 ,r....4 the court's receipt of the case for Aetaitied accused, a91:1 within thirty (30) calendar
ANS: The requisite. e: (ICAP-ACop-S401),..--
‘ days from the date41,4-coptratquires jurisdiction over dlnoi-detained accused (A.M.
1. A \mid In t5Z
7 -)-../ 112- ',. . .
„e--4 ti
okg-gelpetent ji- .0dietion; No. 15-06-10-SpA'Subheading,111, dery no/8).
2. Before a.
3. Arraignm9,Aof t ,Rsused, .
Matters to beronsideredduringPre-Triali
4. A valid tbal eVere\ctiy,bjrn; p.: v,) ,, ,..6. -.-- Pi4f
5. The Acquittal ‘r Co . \1t(gQ clOhr aCty,s, „',9ii thepismissal or termination of Q: What matters are. Fp-trial?
the casdagainstOm ' • ithioluTtikte hxergesslisent;And
t..." i ANS: The followirgirylatteri'gre considered:')(PS-WaMMO)
/ -.:.-r 1
6. The second offenst chdrgtaFI;i _Sew s tiie'first ch,rge, or of an Attempt 1. Plea bargdining;
to commi the sagie oWaL-LIrRtrAtigg--tereo ..orthy at the second offense
that 2. Stipulation of fdcte,
.,,,--
J4plu2ijeGgr rs.nggaseyAnciude a the first offense charged 3. Waiver of objections to Vrnissibiliejio -evidefiteta
(Braza v. Sandig nbatajyG.R. o 1 504 e5 at)/ 20, 2013). 4. Marking for icigntificatifrpf evidence;
5. Modification ofthe border of trial if the accused admits the charge but
Provisional Dismissal interposes a laWffil•'!idefense (reverse trial); and
Q: What is meant by the concept of provisional dismissal? 6. Other matters that will promote a fair and expeditious trial of the civil and
ANS: The concept of a provisional dismissal contemplates that the dismissal of the criminal aspects of the case (RULES OF COURT, Rule 118, Sec. 1).
criminal action is not permanent and can be revived within the period set by the ROC
What the Court Should Do When Prosecution and Offended Party Agree to the
(RULES OF COURT, Rule 117, Sec. 8).
Plea Offered by the Accused
Q: May a provisional dismissal be used for invoking double jeopardy? Q: What is plea bargaining?
ANS: No. This is because a provisional dismissal is with the express consent of the ANS: Plea bargaining in criminal cases is a process whereby the accused and the
accused (RULES OF COURT, Rule 117, Sec. 8), and double jeopardy requires that the prosecution work out a mutually satisfactory disposition of the case subject to court
previous case against the accused be dismissed or otherwise terminated without his approval. It usually involves the defendant's pleading guilty to a lesser offense or to only
express consent (RULES OF COURT, Rule 117, Sec. 7). 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. Sandiganbayan, G.R. No. 163972-77, March
Q: What are the requisites that should be established for a provisional dismissal? 28, 2008).
ANS: The following essential requisites should be established as conditions sine qua
non for provisional dismissal: (MNOP) Q: What are the conditions for a valid plea bargaining agreement?
1. There must be a Motion by the prosecution with the express conformity of the ANS: If the accused desires to enter a plea of guilty to a lesser offense, plea bargaining
accused, or by the accused himself, or by both the prosecution and the shall immediately proceed, provided the private offended party in private crimes, or the
accused for a provisional dismissal of the case; arresting officer in victimless crimes, is present to give his/her consent with the

626 627
conformity of the public prosecutor to the plea bargaining. Thereafter, judgment shall be 3. Crimes against honor under Title 13, RPC, where the liability may be civil in
immediately rendered in the same proceedings (A.M. No. 15-06-10-SC, Subheading Ill, nature, such as:
item no. 8). a. Libel by means of writings or similar means under Art. 355, RPC;
Threatening to publish and offer to present such publication for a
Pre-Trial Agreement compensation under Art. 356, RPC;
c. Prohibited publication of acts referred to in the course of official
Q: What is the form of a pre-trial agreement? proceedings under Art. 357, RPC;
ANS: All agreements or admissions made or entered into during the pre-trial conference d. Grave Slander (Grave Oral Defamation) - of serious and insulting
shall be reduced to writing and signed by the accused and counsel; otherwise, the same nature under Art. 358, par. 1, RPC;
shall not be used in evidence against the accused (RULES OF COURT, Rule 118, Sec. e. Simple Slander (Oral Defamation) - not of a serious and insulting
2).
nature under Art. 358, par. 2, RPC;
f. Grave Slander by Deed - of a serious nature under Art. 359, par. 1,
Non-Appearance During Pre-Trial
RPC;
Q: What is the effect of non-appearance of the prosecutor or the counsel during g. Simple Slander by Deed - not of a serious nature under Art. 359, par.
pre-trial? 2, RPC;
ANS: If the counsel for the accuse r.the.prow_Vor does not appear at the pre-trial h. Incriminating innocent eteaon under Art. 363, RPC; and
conference and does not ofie n accIptableXexctigekLor his lack of cooperation, the i. Intriguing against h.enqctder Art. 364, RPC.
court may impose proper rnctio or penalliei (U12870VOURT, Rule 118, Sec. 3). 4. Libel under R.A. 10175 ‘cylfarCe:me Prevention Act of 2012) where the liability
may be civil in nature;
Q: What is the effect Aheia s'ence of the partie'S; ufinepre-trial? 5. Criminal negligence under 44, RPC, where the liability may be civil in
ANS: The court Vial:pirrpeeed withrth-ro7Piral--despite;Jhe absence of the accused nature; and 0 - •
and/or private ccn eipant, Fovidett they were duljt, notillar f he same, and the 6. Intellectual property rights casesiwh relilielajoitity,Iney be civil in nature (A.M.
counsel for the accus (as yell as the p4bliclirosecufor, are ent (A.M. No. 15-06- No. 15-06-10-SC Subheading no.9);
10-SC, Subheltll, item no. 8 . 7. All civil and ,Ctirhinal casesdffierith a certificate lojfile action issued by the
Punong Barair3gaA or the.,en !sat ng Tagapagkasundo under the Revised
Pre-Trial Orde
I .
KatarunganiRargpemnjay Law I ,
8. The civibedriect qffiess,grave felonies punishable by0correctional penalties not
Q: What is a pre; ordeili ..:::...1-
c'. exceeding 6 years imprisonment V where the o pnded party is a private person
ANS: It is an Arderrissueel<by4tke-cou,, hin-10-d” after ttj cmipation of the pre- (A.MMo.11E1-6;SC-PHILJA, PatOne
trial, reciting the 6jtictris taketNhe fact s imilita,ditke,,admission made, the evidence 4t:
marked, the number ofivitne0 ‘t beAp e-aerle;c1/0-di thelchedule of the trial. Such ,•(-vtAl
Q: What casestspell'noti.be referred for Court Annexed Mediation and Judicial
order shall binettie parflqs, li it triej to rrtajfer i
notedisposed/of and control the Dispute Resolution?' .10 04 FY
course of action Ituring the. trial,,i1 IpSS—MOSKe ) by he cou to prevent manifest ANS: The followingwshall not pe referred:
injustice (RULES LOUR r T§66.1.4)-.1/ 1. Criminal cases .subject to the,Autalop,e,,,Surrjmary Procedure, except those
cases mention aboveAlfRINEA(52'0'640CSCPSUbheading III, item no. 9).
Referral of Some Cases dr iCourt,AnnexediAZN'
fri
—ediation and Judicial Dispute 2. Other criminalf:eases rikdovered above.
Resolution 3. All cases unde10.0f,tio. 9262 (Anti-Violence against Women and Children).
Q: What cases fall under the mandatory coverage for Court Annexed Mediation However, if theparties to this case inform the court of their agreement to
and Judicial Dispute Resolution? submit to mediation, they shall accordingly be referred (A.M. No. 11-1-6-SC-
ANS: The following cases shall be referred to mediation on the civil liability unless a PHILJA).
settlement is reached earlier in the pre-trial/preliminary conference:
1. Crimes where payment may prevent criminal prosecution or may extinguish J. TRIAL (RULE 119)
criminal liability, such as violations of: Order of Trial
a. B.P. Blg. 22;
b. SSS Law (R.A. No. 11199); and Q: State the order by which trial shall proceed.
c. PAG-IBIG Law (R.A. No. 9679). ANS: The trial shall proceed in the following order:
2. Crimes against property under Title 10 of the Revised Penal Code (RPC), 1. The prosecution shall present its evidence first to prove the charge and, in the
where the obligation may be civil in nature, such as: proper case, the civil liability.
a. Theft under Art. 308, RPC, cognizable by the first level courts; 2. The accused may present evidence to prove his defense and damages, if any,
b. Estafa under Art. 315 (1), RPC, except estafa under Art. 315 (2) and arising from the issuance of a provisional remedy in the case.
(3); 3. The prosecution and defense may, in that order, present rebuttal and sur-
c. Other forms of swindling under Art. 316, RPC; rebuttal evidence unless the court, in furtherance of justice, permits them to
d. Swindling of a minor under Art. 317, RPC; present additional evidence bearing upon the main issue.
e. Other deceits under Art. 318, RPC; and
f. Malicious mischief under Art. 327, RPC.

628 629
 4. Upon the admission of the evidence of the parties, the case shall be deemed prior to trial shall constitute a waiver of his right to dismiss. The dismissal shall be
submitted for decision unless the court directs them to argue orally or to subject to the rules on double jeopardy (RULES OF COURT, Rule 119, Sec. 9).
submit written memoranda (RULES OF COURT, Rule 119, Sec. 11).
Requisites for Discharge of Accused to Become a State Witness
Q: May the order of the trial be modified? Q: What are the requisites in order for a person to be discharged as a state
ANS: Yes. The order of the trial may be modified when the accused admits the act or witness?
omission charged in the complaint or information but interposes a lawful defense ANS: The follOwing requisites must be complied with: (CAD-CoMM)
(RULES OF COURT, Rule 119, Sec. 11). The modification of the order of trial rests 1. The discharge must be with the Consent of the accused sought to be a state
upon the sound discretion of the court, and may not be insisted upon by the accused witness;
(People v. Gutierrez, Jr., G.R. No. 116281, February 8, 1999). 2. There is Absolute necessity for the testimony of the accused whose discharge
is requested;
Instances When Presence of Accused is Required by Law 3. There is no other Direct evidence available for the prosecution except the
Q: State the instances when the presence of the accused is required. testimony of said accused;
ANS: The presence of accused is required only: 4. The testimony can be substantially Corroborated in its material points;
1. During arraignment; 5. The accused does not appear tope the Most guilty; and
2. During trial, when ordesed,brfqe cou orktbe purpose of his identification; and 6. The accused has never beemcprfricted of an offense involving Moral turpitude
3. In the promulgatpretf) the
. serkteni bej epkwhejl the conviction is for a light (RULES OF COURT, Rule 17).
•• ,?;%
offense, in whickcas,p, rmaykproho,nced 0 ttleiresence of his counsel or
a representatr (Liy7/sV. CA, G.R. or;, 29670, Fb uaty 1, 2000). Q: What is meant by "absolute necessity" for the testimony of the accused whose
discharge is sought?
i .. ' ) ....,-----7----......_ q
Requisites Before' Trial Can Be Suspended on Account o Absence of Witness cedg.§tate40toess should be availed of
ANS: The expediency of dischargingOiVaqus
',4,...) i ll iP) i, s .' 1, V. i'i only when there is absolyV'necess0 lor his tedtigank,as when he alone has
Q: When may Vial be's_duspepded on accqunt\of absence otftwItAeps? knowledge of the crirneand not when his testimony would, simply corroborate or
ANS: Any peryd of dplay reisulting frorillhe absencelor unaidability of an essential otherwise strengthen the evidence ir9the'',hands of the prose,pution (Chua v. CA, G.R.
witness shalle„,excluded in computinglfthe time ,within whic dal must commence No. 103397, August 280996), ... '') ,,
(RULES OF C U RT; iiRule 119, See:;3„,O
, e4 b).: :=-'1° li ,..k
O \ -- iT.--- Q: What is Teak by "most guilty: as-to the culpahiliti of the accused whose
Q:Mistinguisti be een I3sent witrtepTrand aniumailaihle w.,ii
iness. discharge iss,9ught?,'t r [ill i •
ANS: An abseuitiVrflep I ,ori whosmwpqr,,eaboulskOnkpOwvil his whereabouts ANS: The terifi"most'guilty" refers to 4)9 highesNdegrOOphability in terms of
cannot be deftinirSe availablef witness is one whose
cl% by 'cliip., diligpnce•Alri participation in the commission oflfie offense and 'doesimprinecessarily mean the
whereabouts are\known but his presence fort 4,1 .fot bey obtained by due diligence severity of the pehpitjr,,ImpiI,sed. While accused may be given the same penalty
(RULES OF COURT, Rule 119,\S60';473k-,,b by reason of conspiracy, yeepne may beconsidered to have lesser or the least guilt
taking into account the;specific acts of thP:q50:pet)ll relation to the crime committed
Trial in Absentia ( SC IEN-Cl
. (Jimenez, Jr v. People):GN. No. 209;19,5),IS:ejjfefrilkrVYE2S14).
/ 04) -..AX
Q: What is the concept of4riatippbsentbt &
Effects of Discharge ofAccused as State Witness
ANS: The absence of theacc._
used wit'Ap'Wdray- justifiable excuse at the trial on a
particular date of which he had riatice.shalkbewconsidered a waiver of his right to be Q: What are the effects if the accused is discharged as a state witness?
present during that trial. When an accused under custody had been notified of the date ANS: The following are the effects:
of the trial and escapes, he shall be deemed to have waived his right to be present on 1. Evidence adduced in support of the discharge shall automatically form part of
said date and all subsequent trial dates until custody is regained. Trial shall thus the trial;
proceed in his absence (RULES OF COURT, Rule 115, Sec. 1, par. c). 2. If the court denies the motion to discharge the accused as state witness, his
sworn statement shall be inadmissible in evidence; and
Q: State the requisites for trial in absentia to be condUcted. 3. Discharge of accused operates as an acquittal and bar to further prosecution
ANS: The following are the requisites for trial in absentia: for the same offense, unless the accused fails or refuses to testify against his
1. The accused has been arraigned; co-accused in accordance with his sworn statement constituting the basis of
2. He has been duly notified of the trial; and his discharge (RULES OF COURT, Rule 119, Sec. 18).
3. His failure to appear is unjustified (CONST., Art. Ill, Sec. 14(2)).
Demurrer to Evidence
Remedy when Accused is not Brought to Trial Within the Prescribed Period
Q: What is meant by demurrer to evidence?
Q: If he is not brought to trial within the time limit required, what is the remedy of ANS: Demurrer to evidence is a motion to dismiss based on insufficiency of evidence
the accused? (RULES OF COURT, Rule 119, Sec. 23).
ANS: The remedy of the accused is to file a motion to dismiss the information on the
ground of denial of his right to speedy trial. Failure of the accused to move for dismissal

630 631
 Q: When may a motion for leave of court to file demurrer to evidence be sought? 4. Penalty imposed upon the accused; and
ANS: After the prosecution has rested its case, the court shall inquire from the accused 5. Civil liability or damages caused by the wrongful act or omission, unless a
if he/she desires to move for leave of court to file a demurrer to evidence, or to proceed separate civil action has been reserved or waived.
with the presentation of his/her evidence. If the accused orally moves for leave of court
to file a demurrer to evidence, the court shall orally resolve the same. If the motion for If the judgment acquits the accused, it must state:
leave is denied, the court shall issue an order for the accused to present and terminate 1. Whether or not the evidence of the prosecution absolutely failed to prove the
his/her evidence on the dates previously scheduled and agreed upon, and to orally offer guilt of the accused or merely failed to prove his guilt beyond reasonable
and rest his/her case on the day his/her last witness is presented (A.M. No. 15-06-10- doubt; and
SC, Subheading III, item no. 13). 2. In either case, the judgment shall determine if the act or omission from which
the civil liability might arise did not exist (RULES OF COURT, Rule 120, Sec.
Q: What is the period for filing the demurrer and the opposition thereto? 2).
ANS: The demurrer to evidence shall be filed within a non-extendible period of 10
calendar days from the date leave of court is sought and resolved, and the Q: State the rules when there is variance between the offense charged and the
corresponding comment shall be filed within a non-extendible period of 10 calendar offense proved.
days counted from date of receipt of the demurrer to evidence. The demurrer shall be ANS: The accused can only be convicted of an offense when it is both charged and
resolved by the court within a non-extendible.apZd of 30 calendar days from date of proved. If it is not charged, although prome`d, or if it is proved, although not charged, the
the filing of the comment or la se 'of th 0 ayenb p o file the same (A.M. No. 15-06- accused cannot be convicted therpoSiOther words, variance between the allegation
10-SC, Subheading Ill, ite no. contained in the Information and: ,conviction resulting from trial cannot justify a
112* conviction for either the offense chargedT6t3)-:e offense proved unless either is included
Q: What is the effeg of film ,,the demurrer to evidezqe 1.414th 'eve of court? in the other (Malabanan v. Sandi6anygia0 G.R. Nos. 186329, 186584-86 & 198598,
ANS: If the motiopffolklio o urt'td°f a demureto-e - zid'eric is granted, and the August 2, 2017). However, whenAhKoffpqs.eigi;p4alged iippcluded in or necessarily
subsequent dem r t evidence isade'ripd,lie acs secsh* likewise present and includes the offense proved, thg;;eccuee'd. Well-be'cohviRteAO,fiithe offense proved which
terminate his/he evide, anti shalliDrally1
.6ffeftnd mkt his`f cas on the day his/her is included in the offense charged, or of the offense chl-ges;i1which is included in the
last witness is p esente No. 15-06410C, Subheading,ipm no. 13). offense proved (RULEOOF COURT, Rule 20, Sec. 4). if-
0- 1
iirl'''' :: . 0 I
Q: What is th dffec of filing th.&qyinurirecto-e. t"--4
,Viilert e withput lepo of court? Promulgation of Judgmentgnstances o :Promulgation of Judgment in Absentia
ANS: If despite t enial oft the roOikelobileave, jhe acci.sethimists on filing the 'illl'Its--,
demurrer to evid Q: How shall,.,
promulgation be made? „!.
reviousItchiduled dates or phe accused to present
evidence shall o. ANS: Promulgation is rnecte,in this wise: "ll •
bb' achn#4110tain no. 13).
1. Promtilgatioe
••••,, oPlodgreients
„ shall )consist .i.n eVreadi ng
.,.4. ri
rifie judgment or
Q: What is the r medy. f thkat sentence in theiptpsencelftheaccused and anyzjildge5Of the court rendering
f dew to idenc, is denied?
ANS: The order f denial °Lille 'Or r,V the judgriient. 1 •• " 24
dente is not reviewable by appeal or
certiorari before jucOment oweyecczgfmrit t4 b availeddif when the denial is 2. When the judge is absent or outgdethe_Arovince or city, the judgment may be
tainted with grave ab'use of cjisCrelpn-oixcets-oljun diction oroppressive exercise of promulgated Ovtio;:,olerk of couct,:,4,:v.:.,:t..,.,,,
judicial authority (RULk OF §0U '7';'Rti/e<44eosW 3. If the accusecliS Confined,,or.OetetnertinliriOiher province or city, the judgment
may be promulgated pskithe executive judge of the Regional Trial Court having
jurisdiction over the apiece of confinement or detention upon request of the
K. JUDGMENT (RULE 220)
court which rendefedAhe judgment (RULES OF COURT, Rule 120, Sec. 6).
Requisites of a Judgment
Q: May the presence of the accused during promulgation be dispensed with?
Q: What is the form required for the judgment?
ANS: The judgment should have the following form: ANS: Yes. The accused need not appear in at the promulgation where:
1. The conviction is for a light offense, the judgment may be pronounced in the
1. It must be written in the official language;
presence of his counsel or representative (RULES OF COURT, Rule 120, Sec.
2. It must be personally and directly prepared by the judge and signed by him;
6); or
and
2. The judgment is for acquittal (Pascua v. CA, G.R. No. 140243, December 14,
3. It must contain clearly and distinctly a statement of the facts and the law upon 2000).
which it is based (RULES OF COURT, Rule 120, Sec. 1).
Q: Is promulgation of judgment in absentia allowed?
Contents of a Judgment ANS: Yes. In case the accused fails to appear at the scheduled date of promulgation of
Q: What are the contents of the judgment? judgment despite notice, the promulgation shall be made by recording the judgment in
ANS: If the judgment convicts the accused, it must state the: the criminal docket and serving him a copy thereof at his last known address or thru his
1. Legal qualification of the offense constituted by the acts committed by the counsel (RULES OF COURT, Rule 120, Sec. 6).
accused;
2. Aggravating or mitigating circumstances attending its commission;
3. Participation of the accused, whether as principal, accomplice or accessory;

632 633
 Q: What are the essential elements for the validity of a promulgation of judgment Effects of the Granting of a New Trial of Reconsideration
in absentia?
ANS: They are the following: Q: What are the effects of a grant of the motion for new trial or reconsideration?
1. That the judgment be recorded in the criminal docket; and ANS: The grant of a new trial does not result in the acquittal of the accused but rather
2. That a copy thereof shall be served upon the accused in his last known the judgment rendered is set aside and the case will be tried anew as if no previous trial
address or to his counsel (RULES OF COURT, Rule 120, Sec. 6; Estrada v. had been held.
People, G.R. No. 162371, August 25, 2005). The effects are:
1. When a new trial is granted on the ground of errors of law or irregularities
Q: What is the effect of the failure of the accused to appear at the promulgation of committed during the trial, all proceedings and evidence not affected by the
judgment? commission of such errors and irregularities shall stand, but those affected
ANS: If the judgment is for conviction and the failure of the accused to appear was thereby shall be set aside and taken anew. The court may, in the interest of
without justifiable cause, he shall lose the remedies available in these rules against the justice, allow the introduction of additional evidence.
judgment and the court shall order his arrest. Within 15 days from promulgation of 2. When a new trial is granted on the ground of newly discovered evidence, the
judgment, however, the accused may surrender and file a motion for leave of court to evidence already taken shall stand, and the newly discovered and such other
avail of these remedies. He shall state the reasons for his absence at the scheduled evidence as the court may, in the interest of justice, allow to be introduced,
promulgation and if he proves that himbience was for a justifiable cause, he shall be shall be taken and considered together with the evidence already in the
allowed to avail of said remedies,Wifhin ffte n'5'day from notice (RULES OF COURT, record.
Rule 120, Sec. 6). lir
3. In all cases, when the c,p04Ygrants new trial or reconsideration, the original
judgment shall be sett aside:; a new judgment rendered accordingly
When DoesJudgmentBe o (RULES OF COURT, Rii1021:;',Se`C. 6).
Q: When does judgmenpu
ANS: A judgnnenyOrZtc)e becomes pal upornthe lapsp of4he rind to appeal, without Application of Nevpes Doctrine in CrimihcilCcis4Mc
.„07- .74, -4414
an appeal bei g perfectedr a niotioi _ foreconsiperati Ong filed (Philippine
Q: What is the Neypes Doctrine?
Veterans Bank Solid , Inc G. -NO. 170126, June 9 400.
ANS: The Neypes Doo6nep the "Fresh Period Rule" proles tat a party may appeal
for a "fresh-period" oft5,days from4he receipt or notice .of the denial of a motion for
L. NEW TRIAL ORREIONSIDER4*Aq LEZE.1) reconsideration or Tieforw trial Neypes.CA, supra). t'
1,,f*... :3-tra
Grounds for li.lerrial , .Z.1).124,
_, . ;
1 Q: Is the Nemes,,DoctrIng applicablein primula! cases? E
Q: State the groug, i,on foga tw•trial
ANS: Yes. Tti,Court-710:xtit, Samson-7Rtad, suptti4qhatz.ttagfresh period rule"
ANS: The groukciefor .ne fIte,, 3
. re.,:j llovytig•
previously laid in Neypes shigrlikewise belgAiiiabblotto criminal cases for
1. Errors of law o irreg laiiless rej didfi rI antial r'ghts of the accused
the following reasons: se,
have beeo com itted dyn laTT
1. Section 399of B.P.'BIg. 129 doeSynot distinguish between a civil and criminal
2. New and katerialesvide`n (i9 o erf tjk95
case in setting the period to al#,Kas,,i,145 days from the "notice of the final
3. Other grouks whidOheco rt a -de-fermi exercise of its discretion
order" appeal4fra. Ngteltlefti!egint-ii*Neypes held that the denial of the
(RULES OF CO R,T pg1 7217Se-cf2)
Motion for Reconsideration or kIr New"" final"final order" referred to in
Grounds for Reconsideration
B.P. Big. 129;1614 p
2. The provisionSeetion 3 of Rule 41 and Section 6 of Rule 122, though
Q: What are the grounds for a motion for reconsideration? differently worded"mean exactly the same. That the appeal period stops
ANS: The grounds for reconsideration are the following: running from the time a motion for new trial or reconsideration is filed, and
1. Errors of law in the judgment which requires no further proceedings; or begins to run again upon receipt of the order denying such motions. There is
2. Errors of fact in the judgment which also requires no further proceedings then no reason why the period of appeal which is stayed in civil cases should
(RULES OF COURT, Rule 121, Sec. 3). likewise not be stayed in a criminal case when a motion for new trial or
reconsideration is filed.
Requisites before a New Trial may be Granted on Ground of Newly Discovered
Evidence Q: Is the Neypes Doctrine applicable to appeals?
ANS: The Neypes Doctrine was expressly declared to be applicable to appeals under
Q: What are the requisites for granting a new trial on the ground of newly Rules 40, 41, 42, 43, and 45. Section 3 of Rule 122, however, also allows appeal in
discovered evidence? criminal cases based under Rule 42 (RULES OF COURT, Rule 122, Sec. 3, par. b) and
ANS: The requisites are the following: (A-NotDP-MW) Rule 45 (RULES OF COURT, Rule 122, Sec. 3, par. e). If the appeal in a criminal case
1. That the evidence was discovered After trial; is predicated upon either Rule 42 or Rule 45, it is likewise submitted that the Neypes
2. That such evidence could Not have been Discovered and Produced at the trial Doctrine should be made to apply.
even with the exercise of reasonable diligence;
3. That it is Material, not merely cumulative, corroborative or impeaching; and
4. The evidence is of such a Weight that it would probably change the judgment if
admitted (Ybiemas v. Tanco-Gabaldon, G.R. No. 178925, June 1, 2011).

634 635
M. APPEAL (RULES122, 123,124, AND 125) Effect ofAppeal hy any of SeveralAccused
Q: Discuss the concept of appeal. Q: Does the decision over an appeal of one but not all of the accused, affect those
ANS: Any party may appeal from a judgment or final order, unless the accused will be who did not appel?
placed in double jeopardy (RULES OF COURT, Rule 122, Sec. 1). ANS: It depends. An appeal taken by one or more of several accused shall not affect
those who did not appeal. In the case of the co-accused who did not appeal, the
Effect of an Appeal judgment of the trial court insofar as it relates to him becomes final, and the appellate
Q: What is the effect of an appeal in criminal cases?
court has no power to interfere therewith. Nevertheless, if the verdict of the appellate
court is favorable or applicable to him, the same may be given effect (RULES OF
ANS: In criminal cases, an appeal throws the case wide open for review and the
COURT, Rule 122, Sec. 11).
reviewing tribunal can correct errors or even reverse the trial court's decision on
grounds other than those that the parties raised as errors. Therefore, the appellate court
Grounds forasmissal ofAppeal
may modify the penalty, indemnity or the damages awarded by the trial court, even if the
offended party had not appealed from said award, and the party who sought a review of Q: What are the grounds for the dismissal of an appeal?
the decision was the accused. The rule is in contrast with the general rule in civil cases ANS: The appellate court, on motion of the appellee or motu proprio with notice to the
where as a rule, no error will be considered by the appellate court unless stated in the appellant in either case, may dismiss the appeal on the following grounds:
assignment of errors subject to ciapimexceptionaelerra v. People, G.R. No. 182941, 1. Failure on the part of the apRellant to file brief within the reglementary period,
July 3, 2009). However, the execution o th- ju'dgriittsfinal order appealed from shall except when he is representeld*a counsel de officio;
be stayed as to the appe aly (RULE OF RTC, Rule 122, Sec. 11). 2. Escape of the appellant,kontpriqb, or confinement;
3. When the appellant jumi#41kki
HowAppea/ Taken 4. Flight of the appellant toiappig6courty during the pendency of the appeal
Al
1 i (RULES OF COURT, Rule Ag:!,08007-67 p.A.
Q: How is appea t . .1-6`, . .'W7 . .
ANS: It depends on court f origin-and* jtmdictioti:
court
Q: What is the effect !Ube accused used a wrong mode ostoppeal?
1. Appeals taken frorr MTC to RTC- By filing b noticerW5ppeal with the court
that IriVedithe judgment-or-firiel-order-appealed fi" ereand serving a copy to ANS: The appeal maybe dismissed tpOturroprio or on motion of the respondent on the
ground of error in the abide or mode of appeal (RULES OF COURT, Rule 56, Sec. 5,
the aper..vparty; 1 N<Lk- , 1 --'?,
par.
2. Appeals fr m RTC to Ck-if: li!ll ' ‘A-,:,
a. peats-frA,n the R11017.-Ifie exercAey3 its brigin9l jurisdiction, by
filipab notfotappeetWtOtie- cf courtS,Wjtch ,nder,ed the judgment or N. SEARCHAND,SEIZURERUL2126)
finalAkder pealed from .egeryinAciopy o tlidverse party. r!.
..., %. ,4,-.-,. c.- ,r;,r Nature of aSearch Warrant
n appeals ofmaee&deti edltiyi o:te , C i is appellate jurisdiction,
py filing vetitit r re.,v,Aw rill Z-\51.11e 43, Q: What is a searChtwaiTant?
,,, e.,nal ese51 by,,the RTC:s reclusion perpetua, •
c. APpeals Mr t e- ANS: A search warrant is aniprder in writing4ss4md in the name of the People of the
life‘imprisorpi witir e'splAnalty I imposed but involving Philippines, signed byeA.tjiugfie and dire*1,104,1opece officer, commanding him to
offenses qp ttlec144110LgameW,T„sior l:or arising out of the same search for personal property despripedlhereirixatith=brinblt2before the court (RULES OF
occurrefte -thCgpve rise logpezo,rellenous offense for which the COURT, Rule 126, Sect). `
penalty of adattio2c/usioqn5415`etueovlife imprisonment is imposed: by 't•O
filing a notice of appeakwith.theCA (RULES OF COURT, Rule 122, Q: What are the requisites'•thrissuing a search warrant?
Sec. 2). ANS: The requisites for issuing a search warrant are the following:
3. Appeals where the RTC imposes the death penalty - No notice of appeals 1. It must be issued upon probable cause;
is necessary in cases where the RTC imposed death penalty. The CA shall 2. Probable cause must be determined by the issuing judge personally;
automatically review the judgment. 3. The judge must have personally examined, in the form of searching questions
Note: Section 1 of R.A. No. 9346, approved on June 24, 2006, suspended the and answers, in writing and under oath, the applicant and his witnesses on
imposition of the death penalty. facts personally known to them; and
4. Appeals from CA to SC - 4. The warrant issued must particularly describe the place to be searched and
a. The appeal is generally made by filing a petition for review on certiorari the persons or things to be seized (Santos v. Pryce Gases, Inc., G.R. No.
under Rule 45 with the SC, because the procedure for the review by 165122, November 23, 2007).
the SC of decisions in criminal cases rendered by the CA shall be the
same as in civil cases (RULES OF COURT, Rule 125, Sec. Z in
relation to Rule 45, Sec. 1).
b. In cases, however, where the CA imposes reclusion perpetua, or life
imprisonment the judgment by the CA may be appealed to the SC by
notice of appeal filed with the CA (RULES OF COURT, Rule 124, Sec.
13, par. c).
c. All other appeals to the Supreme Court: by petition for review on
certiorari.
636 637
Distinguish Warrant ofArrest from Search Warrant As to Service
Q: What are the distinctions between a warrant of arrest and a search warrant? An arrest may be made at any time The warrant must direct that it be served in
ANS: A warrant of arrest differs from a search warrant in the following aspects: of the day or night (RULES OF the day time, unless the affidavit asserts
Seaich.Warraht COURT, Rule 113, Sec. 6). that the property is on the person or in the
Warrant of Arrest
place ordered to be searched, in which
As.ta.Coverage • case a direction may be inserted that it be
served at any time of the day or night
The rules on arrest are concerned The rules on searches and seizures cover a (RULES OF COURT, Rule 126, Sec. 9).
with the seizure of a person. A wider spectrum of matters on the search of
search may follow an arrest but the both persons and places and the seizure of (RIANO, Criminal Procedure, supra at 255).
search must be incident to a lawful things found therein.
arrest. Application fora Search Warrant: Where Filed

A to Nature Q: Where should one file an application for a search warrant?

ANS: As a general rule, an application for a search warrant should be filed with the
i
Order directed to the peace oflceFto''70—dqr'.=in,.4riting in the name of the RP court within whose territorial jurisdiction the crime was committed (RULES OF COURT,
execute the warrant by,,,takirg the s gned 3byx,.the,judge and directed to the Rule 126, Sec. 2).
person stated thereipAito.‘cdalgdy 4— ea6eNbfftbert0.kke.arch personal property There are, however, recognized exCeptipOSi (RP-PHIL-DaGaT)
that he may be boun0 fd\stns4rofor desclibe&therein l ard to bring it to court 1. For compelling Reasona',:ir;ot!* filed with the court within whose judicial
the commission otheieffensd: (DES OThCOURT, Rule 126, Sec. 1). region the offense wash, corig-iifta'8' or where the warrant is to be served
'NJ" —,--.'" (RULES OF COURT, Rule •126;;S:k2);1,-.
As to Probable Causb" • 2. If the criminal action has already filed, the application can only be made
in the court where the criminal action is Pending RULES OF COURT, Rule
i / i (ar •••
Probable cauise..fo_r_tbe issupece_oLa__ nbabla_cause fora search search warrant is 126, Sec. 2); and h, . •

warrant of avast.% The existence,6f. efined_as such fa"bts.an8\ circumstances 3. In case of search warrants involving illegal Postes.sion of firearms and
such facts and ciFumstarices \that/ '.which's)ruld)ead a reasma 31y discrete and ammunitions';'Heinotis crimes, toi Intellectual Property code, the Anti-Money
would lead aezearna Idiliscreet:,. '1pludebt maplo.belielte that an offense has Laundering Act Of '2001, viblatigs of the ConipretiensNe Dangerous Drugs
and prudent pers6 to beller_that—Lbeen_com itted and tat t le objects sought Act 10..2002, illegal Gambling, as, as the Tariff' and Customs Code, the
t
an offense v}(1-Cp qi>py, 3
ther rccqnriec 60:-vvith he offense are in the
• ..., -
ExeOtive-Judges,'and, whenever they arworkqfftc4Veasiel;pfr absence or are
person soughtlto be arrest ,(tfao,v,:.--. 1 race7;so,.0.17 to be searched (Laud V. not physically, resent in thq.stativ, the Vice-aecbti4aNdges of the RTCs of
•People, G.R. Alb. N;483 45,
"4,
Peoplie--G.R. No, 19903, November 19,
.0
Manila'and.O.upzon..City shall hOte authority to act on applications filed by the
September 17, k4). NBI, PNP;:ACTAF,"•PDEA,-•and the Bureau of Customs. Such warrants may be
served in places outside the territorialijurisdiction of the said courts (A.M. No.
• As to Issuance., 03-8-02-SC). •
N, ( / 7 Probable Cause
A judge is mandated tokpersogally
--A,, 0
It'no VV."' except upon probable
\ .oissue
evaluate the resolution of...ttie cause00 connection with one specific
.....—
...r..ce Q: What is the meaning'of probable cause in relation to a search warrant?
prosecutor and its supporting offense to be determined personally by ANS: It refers to such facts and circumstances which could lead a reasonably discreet
evidence. If the judge finds no the judge after examination under oath or
and prudent man to believe that an offense has been committed and that the objects
probable cause, the judge cannot affirmation of the complaint and the
sought in connection with the offense are in the place sought to be searched (Burgos v.
be forced to issue the arrest witnesses he may produce (RULES OF
Chief of Staff, G.R. No. L-64261, December 26, 1984).
warrant (Hao v. People, supra). COURT, Rule 126, Sec. 4).
Personal Examination by Judge of the Applkants and Witnesses
As to Personal Exarhination..:
Q: What is the procedure to be followed in the conduct of the examination of the
Judge is merely called upon to Examination must be probing. Not enough complainant and the witnesses he may produce?
examine and evaluate the report of to merely adopt the questions and answers ANS: The procedure involves:
the fiscal and the evidence (Hao v. asked by a previous investigator (RULES 1. The examination must be personally conducted by the judge;
People, supra). OF COURT, Rule 126, Sec. 5). 2. The examination must be in the form of searching questions and answers;
3. The complainant and the witnesses shall be examined on those facts
As tiNalidity personally known to them;
4. The statements must be in writing and under oath; and
Does not become stale. Validity is for 10 days only (RULES OF 5. The sworn statements of the complainant and the witnesses, together with
COURT, Rule 126, Sec. 9). affidavits submitted, shall be attached to the record (RULES OF COURT, Rule
126, Sec. 5).

638 639
 r./2.111 .4,4,1,7,,••4.07*Fii:,:ie•P

Particularity of Place to be Searched and Things to be Seized b. The more pressing interest of safety and self-preservation which permit
the police officer to take steps to assure himself that the person with
Q: What are the tests to determine particularity? whom he deals is not armed with a deadly weapon that could
1. When the description therein is as specific as the circumstances will ordinarily unexpectedly and fatally be used against the police officer (Esquillo v.
allow; People, G.R. No. 182010, August 25, 2010).
2. When the description expresses a conclusion of fact not of law which the 3. Check Points; Body Checks in Airport - Under exceptional circumstances,
warrant officer may be guided in making the search and seizure; and checkpoints may be allowed and installed by the government. Searches
3. When the things described are limited to those which bear direct relation to the conducted in checkpoints are valid for as long as they are warranted by
offense for which the warrant is being issued (Columbia Pictures, Inc. v. CA, exigencies of public order and are conducted in a way least intrusive to
G.R. No. 110318, August 28, 1996). motorists.
4. Consented Search - No search warrant is required .where the person to be
Personal Property to be Seized searched has given his consent thereto. The right to be secure from
Q: State the nature of the personal property to be seized. unreasonable search may, like every right, be waived, and such waiver may
ANS: The personal property to be seized may be: be made expressly or impliedly. A consented search is reasonable only if kept
1. Subject of the offense; within the bounds of the actual consent.
2. Stolen or embezzled andlltberr.proceeds or fruits of the offense; or Note: It cannot be presumedAat there was a waiver, or that consent was
3. Those used or intepdarto bg"c led for cg mitting an offense (RULES OF given by the accused to bege%ched simply because he failed to object To
COURT, Rule 1eSec. constitute waiver, it must 0ppear that the right exists; secondly, that the
person involved had kg•OttegatActual or constructive, of the existence of
Exceptions to the Searc Warrant Reaukement such a right and lastly,l,hay4siMerson had an actual intention to relinquish
the right (People v. BurgO40:01144:409,55, September 4, 1986).
Q: Discuss the 1 trAcd:s‘here search s and seizur reds-ar togal be carried 5. Search of Moving Veliicle4„t tAparfaritlesSaetpt of a moving vehicle is
out even withou t such wbrrant, X justified on th5farptirid that it'istpot practicable-to ,,,,,
se.cure a warrant because
ANS: A search and seizure without a warrant is still re sonazivflducted under the the vehicle can be .uickly maven! out of the localit‘t jurisdiction in which the
following circurpstanceva: (IF-lioCoMo-WEEP. warrant musggesgught. g 4
1. SearchrAdent to a LawfulArreatz-Trrept must precede the search and Note: Officeconducting the watch must have reasonable or probable cause
arrested cap
not le rev' ise. Herice, a petsonbillegajly arrested kilvalidly searched to believe that ettieywill find ply instrumentality of 4i, crime or evidence
4 an arresState lawful, ma either be by virtue
withoutta w rrallt-r pertaihirig to A!grime beforeltheftegin their vfarrantless search (Valmonte v.
of a arrayt 13cocured-and-by-virtu ofAwarMesslarrest authorized De ftilii61 G..‘,
13 No. 83988, May 241%1990).
under Sectio 5 611e113Ten 4 . idgble romps. The rule limits
gotherap 'livable 6. Wartime operations - InNimes jol war within operation
the sech to Itr fo (People4Da''Wia, Gii:vos.192009-10, Julyty1994)'
a. For dangerou 7. Enforcernaink Custom Laws Wor the enforcement of customs duties and
b. rok anyth d in the commission of an
tariff laws:qqle Collector of CuStgAsA authorized to effect searches and
offertse; or -1E seizures conformably with thefiygli,,iggilpfae said laws. The Tariff and
c. For anythiwahNhkconslu 1 proof khe commission of an offense. Customs Cooes cle ,agipT-geffiiiiritaiiggae&wkant in that case. Persons
Note: When afh. a,,rrest it made, it ivregs
.. 1 \
nab e4or the arresting officer to suspected of ,1101dinggrigonveying any dutiable or prohibited article introduced
search the person arrest in ori dencr,emove,any weapon that the latter might into the Philipi3ifiqtf2ntrary to law may be searched without the need of a
use in order to resist MresLo-effect.hescape. In addition, it is entirely search warrant. HbWever, the search of a dwelling house may be made only
reasonable for the arresting officer to search for and seize any evidence on the upon warrant issued by a judge (R. A. 10863, otherwise known as the
arrestee's person in order to prevent its concealment or destruction (People v. Customs Modernization and Tariff Act).
Calantiao, G.R. No. 203984, June 18, 2014). 8. Emergency, based on probable cause under extraordinary circumstances
2. Stop-and-Frisk (Terry Doctrine) - The act of a police officer to stop a citizen on (People v. De Gracia, G.R. Nos. 102009-10, July 6, 1994).
the street, interrogate him, and pat him for weapon(s) or contraband. The 9. Plain View Situation - The elements of the plain view exception are:
police officer should properly introduce himself and make initial inquiries, a. Prior valid intrusion based on the valid warrantless arrest in which the
approach and restrain a person who manifests unusual and suspicious police are legally present in the pursuit of their official duties;
conduct, in order to check the latter's outer clothing for possibly concealed b. The evidence was inadvertently discovered by the police who have the
weapons. The apprehending police officer must have a genuine reason, in right to be where they are;
accordance with the police officers experience and the surrounding conditions, c. The evidence must be immediately apparent; and
to warrant the belief that the person to be held has weapons (or contraband) d. "Plain view" justified mere seizure of evidence without further search
concealed about him. Such a stop-and-frisk practice serves a dual purpose: (People v. Sarap, G.R. No. 132165, March 26, 2003).
a. The general interest of effective crime prevention and detection, which
underlies the recognition that a police officer may, under
appropriate circumstances and in an appropriate manner, approach a
person for purposes of investigating possible criminal behavior even
without probable cause; and

640 641
 140% .,,,
. ::,
Infil;: t VAro,..i Y.-To`••`.4 ,
:i,

Remedies from an Unlawful Search and Seizure Procedure. General Matters

Q: What are the remedies of the accused from an unlawful search? Q: What are prohibited motions under the Revised Guidelines?
ANS: The accused shall have two alternative remedies available to him in such ANS: The following motions are prohibited: (PreReQ-JPAB)
instances: 1. Motion for Preliminary investigation:
1. Motion to quash the search warrant - A search warrant illegally obtained or a. When it is filed beyond the 5-day reglementary period in inquest
secured or which is issued in violation of the constitution or the rules may be proceedings under Sec. 6, Rule 112; or
quashed through the proper motion; or b. When required under Sec. 8, Rule 112, or allowed in inquest
2. Motion to suppress the evidence - When evidence is illegally obtained, such proceedings and the accused failed to participate in the preliminary
motion to suppress is in order (RULES OF COURT, Rule 127, Sec. 14). investigation despite due notice.
2. Motion for Reinvestigation of the prosecutor recommending the filing of
0. PROVISIONAL REMEDIES information once the information has been filed before the court:
a. If the motion is filed without prior leave of court;
Nature
b. When preliminary investigation is not required under Sec. 8, Rule 112;
Q: What may provisional remedies be availed of? and
ANS: In relation to criminal proceedings, the provisional remedies under Rule 127 are c. When the regular prelimigary investigation is required and has been
proper only where the civil actin ortr-TCVrokeil liability ex delicto has not been actually conducted, andythe grounds relied upon in the motion are not
waived or is not reserved en Rch re a R pf separate action may be made. In meritorious, suchAaMOues of credibility, admissibility of evidence,
other words, the provisignal-r edips in 1 aactio'nsOnsas they are applicable, may innocence of the*cctiA0cr lack of due process when the accused
be availed of in conne lion t egaid-mrcriree`e 4edinAtad with the criminal action was actually notifetarend)others.
(RULES OF COUR le Sec 3. Motion to Quash informati61Wttle,,,ground isoot one of those stated in
rt'N
Sec. 3, Rule 117. „,f,
Kinds ofProvlsionalRe medies 1) IN ..'7. 4. Motion for Judiciakcleterminatii3niOf probable bauba;4
Q: What are the kinds of provisional remedies avail ble in 6'14;411 proceedings? 5. Petition to suspend criminal action on the ground oMejudicial question, when
no civil case has been filepursgant to Sec. 7, R91-60141.
ANS: They are! 1.'""
1. Attac ent Preliminara)tafficrientiOaVaila le in the folloAiing cases: 6. Motion to sumencistp,„Arraignment based on grouridiot stated under Sec.
60 the accesed lea142401:isconil rom thplPhilippines; 11, Rule ill6r JA,so•
a.
herd the cJl1inal action--is---;based:17o • lai for oney or property 7. MotioV1:4 Bill of$artidularskthaU4oes not co confOrm to Sec. 9, Rule 116 (AM.
b.
eft • o the use of the No.006-101 SOkSubheading no. 2),,
rgbe'zled frauduleRtljr irgisappl e o
Note: Prohibli41 motions shall 6--vgdenieOliputright .before' taX6rtfiLited arraignment
ecdskl w ‘Rublicp-Met:eio /ce,Lo a cyrpora 19 , attorney, factor,
broker, xgen / tier n he") . r.se\Of his employgient as such, or by without need of comment and/or otiPA3'sitiort104.M. No. 15TOWdiaroSU bheading Ill, item
•
othekerso fidgelaiy_caliacity, or. a wi ful violation of duty; no. 2).
c. Whentheaccuserk- a'sWeiriC:591ed emoved A or disposed of his 1;;
Q: What is the periodtor filing a commen,49.?Amotion?
property, or,ipbarto-cro-so;land ANS: The comment of4the"-ViversLp.qrty 4"cirvithjg a non-extendible period of
d. WhenN cpu,s-re'resides of hilippines (RULES OF
10 calendar days fromliOtice/rOtif of the order ofIhe court to file the same, and the
COURT, u e f127I Sec.1,2 court shall resolve the gotionOithin a non-extendible period of 10 calendar days from
Note: Grounds for a prat .L.,..ippme in a criminal case are not as the expiration of the 16-iikpe'riod, with or without comment (A.M. No. 15-06-10-SC,
varied as the grounds for prelinfirary attachment in a civil case. Subheading Ill, item no. 2).
2. Preliminary Injunction;
3. Receivership; Q: When should a motion for reconsideration of a resolution be filed?
4. Delivery of personal property; and ANS: The motion for reconsideration of the resolution of a meritorious motion shall be
5. Support pendente lite (RULES OF COURT, Rule 127, Sec. 1). filed within a non-extendible period of 5 calendar days from receipt of such resolution,
and the adverse party shall be given an equal period of 5 calendar days from receipt of
P. REVISED GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL CASES (A.M. the motion for reconsideration within which to submit its comment (A.M. No. 15-06-10-
NO. .15-06-10-SC) SC, Subheading III, item no. 2).
Note: Motions that do not conform to the prescribed manner shall be considered
,ApplicabNty
unmeritorious and shall be denied outright (A.M. No. 15-06-10-SC, Subheading Ill, item
Q: What cases are covered by the Revised Guidelines for Continuous Trial of no. 2).
Criminal Cases?
ANS: The Revised Guidelines shall apply to all newly-filed criminal cases, including Procedure, Arraignment. and Pre-trial
those governed by Special Laws and Rules, in the First and Second Level Courts, the Q: When should plea bargaining be conducted?
Sandiganbayan and the Court of Tax Appeals as of September 1, 2017. It shall also ANS: At the arraignment proper, before the actual arraignment and the pre-trial. Except
apply to pending criminal cases with respect to the remainder of the proceedings. in drug cases, plea bargaining shall immediately proceed, provided the private offended
Unless otherwise specifically provided, it shall not apply to cases under the Rule on party in private crimes, or the arresting officer in victimless crimes, is present to give
Summary Procedure (A.M. No. 15-06-10-SC, Subheading I). his/her consent with the conformity of the public prosecutor to the plea bargaining.
642 643
Thereafter, judgment shall be immediately rendered in the same proceedings (A.M. No. innocence of the accused is based on the testimonies of the alleged
15-06-10-SC, Subheading III, item no. 8). eyewitnesses, the testimonies of these witnesses shall be in oral form (A.M.
No. 15-06-10-SC, Subheading Ill, item no. 11).
Q: What is the effect of the plea of guilty of the accused? Note: During pre-trial/preliminary conference, the court shall require the
ANS: If the accused pleads guilty to the crime charged in the information, judgment parties to enter into stipulations on the subject of both direct and cross-
shall be immediately rendered, except in those cases involving capital punishment (A.M. examinations of witnesses who have no personal knowledge of the material
No. 15-06-10-SC, Subheading III, item no. 8). facts constituting the crimes, like expert witnesses and other similar witnesses,
who will testify on the authenticity, due execution and the contents of public
Q: What should the court do if no plea bargaining or plea of guilt takes place? documents and reports; corroborative witnesses; and those who will testify on
ANS: If the accused does not enter a plea of guilt, whether to a lesser offense or to the the civil liability (A.M. No. 15-06-10-SC, Subheading III, item no. 12).
offense charged in the information, the court shall immediately proceed with the Note: All agreements or admissions made or entered during the pre-trial conference
arraignment and the pre-trial, in accordance with the succeeding provisions on pre-trial shall be reduced in writing and signed by the accused and counsel, otherwise, they
(A.M. No. 15-06-10-SC, Subheading III, item no. 8). cannot be used against the accused (RULES OF COURT, Rule 118, Sec. 2).

Q: What is the period for the conduct of mediation? Procedure, Trial and Promulgation
ANS: The mediation shall be terminatadAwithipAr-extendible period of 30 calendar
days from the date of refergloby the Tau to t e 13,,Np Unit. After the lapse of the Q: How shall the presentation ,....oti,rebuftal and sur-rebuttal evidence be
conducted? ,.7 ,9 '""
mediation period or if mgdiatiorOails, t ial shalLprdbe dNkhe referral of the case for .
mediation to the Philipinca9diatieenter4e4105 U (shall be made only after the ANS: If the court grants the mottpineq!pmant rebuttal evidence, the prosecution shall
conduct of the arraignwent n thgpre-trial/prelimittap con drtice (A.M. No. 15-06-10- immediately proceed with its prakdntatigni':after the accused had rested his/her case,
SC, Subheading III ite 2. and orally rest its case in rebuttal Arittwzrpsentation its last rebuttal witness.
Thereafter, the accused shall insrned4f4„:0413,p4kwbAttali,evidence, if there is any,
`e0 and orally rest the case inobr-rebiltrai after the presentatipn of its last sur-rebuttal
Q: May the trialtbe postponerd pen mg,tesolabon ofIthe Reption or bail?
ANS: No. The, ourt s alt not suspend li3Opresentatiop of tIla'"idence in chief while witness. Thereafter, the
/41 - btrt shall submitrthe case for decision (A.M. No. 15-06-10-SC,
pof Ihe petition tor_bait the motion t r reco' sideraution (A.M. No. 15-
awaiting resol9ficq- Subheading Ill, item na.- 13)
06-10-SC, Subpffacling III, item nagfci):71
.0,0r41
Procedure Forarof Testimony and JisidiCicirAffidavi2i2)
H Q: When shall the,courtjpake'ihe prorrlyigation?
ANS: The propuealion of itrddcisiowhafitnot be more than 90 calendar days from the
date the castalRspubmitted for decision, kept when the case is'covered by Special
Q: What is t elj;equiredloi of ta t covered by the Revised Rules and attar laWs which provide fq;i1-9 shortettrajAP.' 1C16. 15-06-10-SC,
Guidelines? /c\t" Subheading Ill, noo.16)r
ANS: They are the followigg: '•
•••••
1. For First Level Cskurts ses,includingpose covered by the O. RULEON C YBERCR/MEW RRANTS 64.M. NO. 17-11-03-SC)
Rule on Stimary Pro,9d tajthiN4nion,Koiwitneosses shall consist of the
duly subscribe4d. wiiit.Wsta emenft`i w`nforcement or peace officers Scope (maApplicabiliiit,,,-,440 tT
•:,AV -,1" :{
or the affidavitsso-a ayit s‘ub ittpdvbefore the investigating Q: What procedures are covefetl"by the Rule on Cybercrime Warrants?
prosecutor, and irsitg,,:are nohiallab aj9stimonles shall be in the form of ANS: The Rule on Cylierpr,imal/Arrants covers procedure for the application and grant
judicial affidavits, subjecttozad pualzdirect and cross-examination questions. of warrants and relatecr4.'ders involving the preservation, disclosure, interception,
The trial prosecutor may dispense with the sworn written statements submitted search, seizure, and/or examination, as well as the custody, and destruction of
to the law enforcement or peace officers and prepare the judicial affidavits of computer data, as provided under R.A. No. 10175, otherwise known as the "Cybercrime
the affiants or modify or revise the said sworn statements before presenting it Prevention Act of 2012" (A.M. No. 17-11-03-SC, Sec. 1.2).
as evidence.
2. For Second Level Courts, Sandiganbayan, and Court of Tax Appeals — In Q: Will the Rules of Criminal Procedure apply in cases covered by the Rule on
criminal cases where the demeanor of the witness is not essential in Cybercrime Warrants?
determining the credibility of said witness, such as forensic chemists, medico- ANS: Yes. The Rule on Cybercrime Warrants supplements the existing Rules of
legal officers, investigators, auditors, accountants, engineers, custodians, Criminal Procedure, which provisions shall continue to govern the preliminary
expert witnesses and other similar witnesses, who will testify on the investigation and all stages of prosecution of criminal actions involving violations of RA
authenticity, due execution and the contents of public documents and reports, 10175, including all crimes defined and penalized by the Revised Penal Code, as
and in criminal cases that are transactional in character, such as falsification, amended, and special laws, committed by, through, and with the use of information and
malversation, estafa, or other crimes where the culpability or innocence of the communications technologies (A.M. No. 17-11-03-SC, Sec. 1.3).
accused can be established through documents, the testimonies of the
witnesses shall be the duly subscribed written statements given to law Genera/Provisions
enforcement or peace officers or the affidavits or counter-affidavits submitted
before the investigating prosecutor, and if such are not available, testimonies Q: What is a Cybercrime court?
shall be in the form of judicial affidavits, subject to additional direct and cross- ANS: The term refers to any of the Regional Trial Courts which are designated as
examination questions. In all other cases where the culpability or the special cybercrime courts (A.M. No. 17-11-03-SC, Sec. 1.4).

644 645
Q: Where should a criminal action for violations of the Cybercrime Prevention Act Note: A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall
(R.A. No. 10175) be filed? be void (RULES OF COURT, RULE 126, SEC. 10).
ANS: The criminal actions shall be filed before the designated cybercrime court of the
province or city: (OCD) Q: May Cybercrime Warrants be served extraterritorially?
1. where the Offense or any of its elements is committed; ANS: Yes. For persons or service providers situated outside of the Philippines, service
2. where any part of the Computer system used is situated; or of warrants and/or other court processes shall be coursed through the Department of
3. where any of the Damage caused to a natural or juridical person took place. Justice-Office of Cybercrime, in line with all relevant international instruments and/or
Note: Provided, that the court where the criminal action is first filed shall acquire agreements on the matter (A.M. No. 17-11-03-SC, Sec. 2.8).
jurisdiction to the exclusion of the other courts (A.M. No. 17-11-03-SC, Sec. 2.1).
Q: What is the effect of the failure of a law enforcement officer to timely file the
Q: Where should an application for a Cybercrime Warrant be filed? returns for the issued warrant?
ANS: It depends on whether it is for: ANS: He shall be cited for contempt (A.M. No. 17-11-03-SC, Sec. 2.6).
1. Violations of Sec. 4 (Cybercrime offenses) and/or Sec. 5 (Other offenses) Note: Whenever any kind of return is required to be made, it is the duty of the issuing
— before any of the designated cybercrime courts of the province or the city judge to ascertain if such has been made, and if none, to summon the law enforcement
where the offense or any of its elements has been committed, is being officer to whom the warrant was issued and require him to explain why no return was
committed, or is about tele.,comoiltted, or where any part of the computer made, without prejudice to any action foreptempt (A.M. No. 17-11-03-SC, Sec. 4.5).
system used is situated:Or wIler - alp o "thejamage caused to a natural or -;"
juridical persoVook p cue. How, ef,11, el eybii-esKime courts in Quezon City, Q: What is the effect of failurOp',Onwly with orders from law enforcement
the City of ManilaatgityrPasTgZay, City, Iloilo City, Davao City authorities implementing a Cybercmit.WIrrant?
and Cagay9rDe....„.rol' City shall have special authority to act on ANS: The person or service provider.1.010!be punished for a violation of P.D. No. 1829
applications ai d issu,„warrafritMilch-s all'betVorceable nationwide and (Obstruction of Justice Law) (A .M;NO:.•10403FSC,,,Sec.
outside pa ll7ines. Try -A- Note: Non-compliance of persons or Orv06-Pritgidetp7kvitt4 tlf0 order to disclose issued
2. Vlolations—of Sec./ 6 (Alli'othdl-• crimes defined and rnalized by the by law enforcement authorities shall be deemed non-compliance with such WDCD on
Revspd
i Penal Code and othdr special laws, comrOitle'd by, through, and which the said order ,is:'bbspd, and ,shallXlikewise give rise*: an action for contempt
with fht—lase of 103) — want regular- or 'other teCia ized Regional Trial (A.M. No. 17-11-03-SCASeC. 4.6).
p .
teTtonal j
.1
tron in the places
4
Courlsrasrihe case may.oe; 4thin
above-dese bed (A v Noi474,i44,$G, Seal 2.2). Warrant to Disclose'ComputerData
rL4 /17:517, Q: What is aNArranttR.pisclose Computer Data (WDCD)?
Q: Where shoulli
„ \rty motionito quash a,o7
Cvbeicn d.Warrant?
.g • ANS: A WDCDis aryoraei,ln,writina.issuectip the nat*off.tlke,9:09f the Philippines,
ANS: Once a Si; mi al actlok0s,ARtitUfed , 6)quas aneother incidents that
rribto,n
relate to the warrant b"Ohear4d (reicilieA)by
‘ t that subsequently signed by a judge, uponiapOcation* law nforcement aCtilorges';:authorizing the latter
acquired jurisdiction overl e or: o: 17- Sec. 2.3). to issue an ordeiloOsoloseI:and accordingly, require any person or service provider to
disclose or submit subscriber's inforinatioqiftraffic data, or relevant data in his/her or its
‘SseifiNI.k
— N possession or control (A.M. NO. 17-11-0373CWea'
Issuance of Cybercrhpe Warrants
\ -10-m
Q: What the different typ.1d-ot
/4 yy/bercilm2.11Va ants?-1 Q: Are law enforcement authorities allowed to retain a copy of the data disclosed
ANS: There are 4 kinds of Cybkreme Wptraotkfo by virtue of a WDCD? ,
1. Warrant to Disclose Computer4,ata4WDCa; ANS: Yes. Law enforceriikNOtithorities are allowed to retain a copy of the disclosed
2. Warrant to Intercept Computer Data (WICD); computer data or subscriber's information subject of the WDCD which may be utilized
3. Warrant to Search, Seize and Examine Computer Data (WSSECD); and for case build-up or preliminary investigation purposes, without the need of any court
4. Warrant to Examine Computer Data (WECD) (A.M. No. 17-11-03-SC). intervention; that the details thereof are kept strictly confidential and that the retained
copy shall be labelled as such (A.M. No. 17-11-03-SC, Sec. 4.5).
Q: What should be the procedure prior to issuance of a Cybercrime Warrant? Note: No duplicates or copies of computer data or subscriber's information may be
ANS: The judge must personally examine in the form of searching questions and retained by law enforcement authorities except by virtue of a WDCD (A.M. No. 17-11-
answers, in writing and under oath, the applicant and the witnesses he may produce, on 03-SC, Sec. 7.1).
facts personally known to them and attach to the record their sworn statements,
together with the judicial affidavits submitted. If the judge is satisfied that there is Q: What should a law enforcement authority do with the retained copies of the
probable cause to believe that the facts upon which the application for the warrant data?
exists, he/she shall issue the same (A.M. No. 17-11-03-SC, Sec. 2.4). ANS: The retained copy shall be turned over upon the filing of a criminal action involving
the disclosed computer data or subscriber's information to the court where such action
Q: What is the period of effectivity of a Cybercrime Warrant? has been instituted, or if no criminal action has been filed, upon order of the issuing
ANS: Any warrant issued under the Rule on Cybercrime Warrants shall only be effective court (A.M. No. 17-11-03-SC, Sec. 4.5).
for the length of time as determined by the court, which shall not exceed a period of 10
days from its issuance. The court issuing the warrant may, upon motion, extend its
effectivity based only on justifiable reasons for a period not exceeding ten 10 days from
the expiration of the original period (A.M. No. 17-11-03-SC, Sec. 2.5).
646 647
 Warrant to Intercept Camp uter Data Q: State the procedure for filing an objection/challenge to a WSSECD.
ANS: Yes. A person whose computer devices or computer system have been searched
Q: What is a Warrant to Intercept Computer Data (WICD)?
and seized off-site may, upon motion, seek the return of the said items from the court
ANS: A WICD is an order in writing issued in the name of the People of the Philippines,
issuing the WSSECD: Provided, that a forensic image of the computer data subject of
signed by a judge, upon application of law enforcement authorities, authorizing the latter
the WSSECD has already been made. The court may grant the motion upon its
to carry out any or all of the following activities: (a) listening to, (b) recording, (c)
determination that no lawful ground exists to otherwise withhold the return of such items
monitoring, or (d) surveillance of the content of communications, including procuring of
to him (A.M. No. 17-11-03-SC, Sec. 6.4).
the content of computer data, either directly, through access and use of a computer
system or indirectly, through the use of electronic eavesdropping or tapping devices, at
Q: May the interception of data be conducted in the implementation of a
the same time that the communication is occurring (A.M. No. 17-11-03-SC, Sec. 5.2).
WSSECD?
ANS: Yes. The interception of communications and computer data may be conducted
Q: Is notification to persons whose data were made subject of WICD mandatory?
during the implementation of the WSSECD: Provided, that the interception activities
ANS: Yes. Within thirty 30 days from the filing of the return, or, if no return is filed, from
shall only be limited to communications and computer data that are reasonably related
the lapse of the 48-hour period to file the return, the authorized law enforcement officer
to the subject matter of the WSSECD; and that the said activities are fully disclosed, and
has the duty to notify the person whose communications or computer data have been
the foregoing relation duly explained in the initial return (A.M. No. 17-11-03-SC, Sec.
intercepted of the activities conducted pursuant to the WICD. If a return has been filed, a
6.5).
copy of the same shall be attOedlOre.751Ce?,0z the other hand, if no return has
been filed, the notice shaptatei4he de.tails oth' ipTerckeption activities, including the
Q: May the authorized law enfor.cerneniqfficer order a person to assist during the
contents of the interce e nronicatiorf o n3pute'r ab a (A.M. No. 17-11-03-SC,
implementation of a WSSECD?71/.k.:;.':t.?.4
4
Sec.5.6). ANS: Yes. Law enforcement autl:laritieS.1014 order any person, who has knowledge
about the functioning of the comRijter4,§9.006gngiVe measures to protect and preserve
Q: What is the peril° fo/filingin
.0
objection/challengelo-th_
n. elpterception of data?
the computer data therein, toprOviddi.:giA'eaSOnal?isriffielnecessary information to
ANS: Within 10 lay 1n nopce, thFpesscr cTmrniihvationts or computer data
enable the undertaking ate. search, seizure and examinatign (A.M. No. 17-11-03-SC,
have been intncepted ay cpallenge, by motion, the I play of t terception before
Sec. 6.5).
the issuing cou o. 17[14-03,S eci-5,6)
Warrant to Examine CarnouterData
Warrant to Search, Seize and Examine COMpaterData (WSSECD2 ter' .
—nk "%%Lksk.cx -
,{
g r----1 [ce;,
Q: May an a1resting ,officer,- in a lawfuglwarrantless• arrest, thereafter search or
Q: What is a a r an tolkeRrih, Seizo.:and:Examhp o ratter Data (WSSECD)?
ANS: A WSSLcDris an Ncrcie in wcitin0 issued , iAhe i.ortpe People of the examine a computer devjqe/system of tKperson
hilippines, siked 1) k1/4 a Jude
11., up2:91̀tpprip'aro enforcement authorities, ANS: No. Upba adqUiring pOssesSipp ofr Computef.*vicqr,,FAcgOuter system via a
authorizing the Matter to se1,.0' tik 'parcictild' terns tor be seized and/or lawful warrantless arrettpqthby anYitOtheAwful methad:Llaa;briforcement authorities
shall first apply forits.,marrait before' searging the said computer device or computer
examined (A.M. h . 17-1t-03-SC Sac. 6,9,
system for the purpose oriiobtaining for,forensic examination the computer data
Ij
Q: State the contents of anmpl ca c2, 1- P1\11-AN
ion=for-WSSECD. contained therein. Thevarrant therefor shaiW denopinated as a Warrant to Examine
ANS: The verified ap0c,,t6h1j9rp SSEEDell4asl' tie supporting affidavits, shall Computer Data (WECDOA:iv. No .47-.11i;031:$.0,..:&•.9):7)fr
state the essential facts sirrOOK.to4=cfujteXfoir‘a'WDCD, except that the subject
matter is the computer data sag 'to beliearct,,selzed, and examined, and all other Q: What should an application for a WECD contain?
items related thereto. In addition, the applioWOn shall contain an explanation of the ANS: The verified applicdtZnfor a WECD, as well as the supporting affidavits, shall
search and seizure strategy to be implemented, including a projection of whether or not state the essential facts similar to those required for a WDCD, except that the subject
an off-site or on-site search will be conducted, taking into account the nature of the matter is the computer data sought to be examined (A.M. No. 17-11-03-SC, Sec. 6.9).
computer data involved, the computer or computer system's security features, and/or
other relevant circumstances, if such information is available (A.M. No. 17-11-03-SC, Q: When shall the authorized law enforcement officer file the initial and final
Sec. 6.2). return on the WECD?
ANS: The initial and final returns, as well as the period to examine under a WECD, shall
Q: What is the "Off-site and On-site Principle?" be similarly governed by the procedures applicable to a WSSECD (A.M. No. 17-11-03-
ANS: The Off-site and On-site Principle provides that law enforcement authorities shall, SC, Sec. 6.9).
if the circumstances so allow, endeavor to first make a forensic image of the computer
data on-site as well as limit their search to the place specified in the warrant. Otherwise, Q: May the interception of data be conducted in the implementation of a WECD?
an off-site search may be conducted, provided that a forensic image is, nevertheless,
ANS: Yes. Interception of communications and computer data may likewise be
made, and that the reasons for the said search are stated in the initial return. conducted during the implementation of a WECD under the same conditions applicable
to a WSSECD (A.M. No. 17-11-03-SC, Sec. 6.9).
Note: A forensic image, also known as a forensic copy, refers to an exact bit-by-bit copy
of a data carrier, including slack, unallocated space, and unused space (A.M. No. 17-11-
03-SC, Sec. 6.4).

648 649
 "..4m0W44,f141.. -nk

,-,,Satotil)t. *7:rt.

Turn-over of Custody and Destruction of Computer Data presence of any other person duly designated by the court to witness the same. The
accused or the person/s from whom such items were seized, or his/her representative or
Q: What is the procedure in turning-over the custody of any item seized by virtue
counsel, as well as the law enforcement officer allowed access to such items as
of a Cybercrime Warrant?
indicated in the inventory, or his/her duly authorized representative, may also be allowed
ANS: Upon the filing of the initial or final return for a Cybercrime Warrant, all computer
to witness the said activity. The storage device, or other items turned over to the court's
data subject thereof shall be simultaneously deposited in a sealed package with the
custody, shall be destroyed by shredding, drilling of four holes through the device,
same court that issued the warrant. It shall be accompanied by a complete and verified
prying the platters apart, or other means in accordance with international standards that
inventory of all the other items seized, and by the affidavit of the duly authorized law
will sufficiently make it inoperable (A.M. No. 17-11-03-SC, Sec. 8.3).
enforcement officer containing:
1. The date and time of the disclosure, interception, search, seizure, and/or
examination of the computer data, as the case may be, and any record made
therefrom; EVIDENCE
2. The particulars of the subject computer data, including its hash value;
3. The manner by which the computer data was obtained; A. GENERAL CONCEPTS
4. Detailed identification of all items seized in relation to the subject computer
Concept of Evidence
data, indicating the brand, make serial numbers, or any identifiers, if available;
5. The names and positonstifhe forcement authorities who had access Q: Define Evidence.
to the computer data f m they ti eqis elute until the termination of the ANS: Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a
examination but rlok t epos ti 44rte o, and the names of officers judicial proceeding, the truth respe'elirig:*rnatter of fact (RULES OF COURT, Rule 128,
who will be eliverrigitike=seized items at e cottrt; Sec. 1).
6. The nam oftiftle)law enfeme5Rt-officer ---,,,Iw n!:y.be
, Ilowed access to the
.Tift,,
depositecie taN Q: In what cases are the rulesjon dvicI§ince.:inapplisableg6,,
7. A certiffc i 1 at ijo dupigatg,korT9pies of th iho e or any part thereof ANS: Section 4 of Rule 1provides foor-applicability'ottRRules
hi of Court, including
have been made, ov if made, qjr-S„uch duplicates or copies bre included in the the Rules of Evidence, Certain speditieq proceedings. Th5SpRules shall not apply to
sealed age depositedrekeeWfor-the-copy retakVii by law enforcement Election cases, Land registration,
‘ CaciastrAl, Naturalization,p419solvency proceedings
autherities4ricase oatk WD,CDAlitif. -N9,47-1 -03-SC kSec.7 1). and Other cases not eteir6royided for (NICOLE) except,by analogy or in a suppletory
1 .i, --' ,,--
1 1.4- ....,1'.1
1 i bth 1 character and wftriever practicable and rconvenient (00 Cilia ir,, Republic, G.R. No.
Q: How may ctpmm.itpr detatK the ctittOdy:zif court/ :ccepsed k 127240, Marc027, 2000.).Rules of4Eyicirj:ce are not strictly obs6rved in proceedings
ANS: Only upepen2oiton d,u9S9crted ,y-th-e.f,:c , ourtrp) b isef tbe.pac age containing
the computer coto dkosikci„)>O2 th cqyr:tc:A0993.0, e oPened for the recordings
before admiretrativ,e bodies wheie decisions may 92vc9 ,a,94c1 „vox
basis of position
papers (Banton& v."eaa Cbla Bottlers, Ifial,4 G.R. No?,d53680Alurieao, 2003).
replayed, or itsc\• ontentsjevd•Rle ,,b inrarra et), ed at evide ce. The motion for *!)4 -14.A.m.
:,,r
,,.,; ..? ,
the purpose shall state aKincl Evidence in Civil Ccisesversus Evidence inCriminal Cases
1. The rele isnce of t e c 93 ter-dat e open d, replayed, revealed, V '1.
or used ash 4denc Q: Distinguish betWeqp evgence in civitcaseg)and evidence in criminal cases.
2. The names 4bf th pero s*.wbEra octs5I tr
6, •-0-, 7
e access thereto, if the ANS: The distinctions direftfte following <a3 , r.1
motion is granted* an'
3. The proof of service lopiesMAPta, he pe(rson/s whose computer data is Evidence in Civil Cases Evidence in Criminal Cases
subject of the motion (ANIN‘lopt4,7=1.1,,03fSC, Sec. 7.3).
, As to the Quantum of Proof
Q: In what instances may the court order the destruction or return of items The claimant must show a The prosecution must prove guilt
seized? preponderance of evidence (RULES OF beyond reasonable doubt (RULES OF
ANS: The court may order the complete or partial destruction, or return to its lawful COURT, Rule 133, Sec. 1). COURT, Rule 133, Sec. 2).
owner or possessor, of the computer data, or any of the related items turned over to its
custody in the following instances: As to the Offer of Compromise
1. Upon motion and due hearing, for justifiable reasons; or
2. Motu proprio, and upon written notice to all parties concerned, if no preliminary An offer of compromise is not an In criminal cases, except those involving
investigation or case involving these items has been instituted after 31 days admission of liability and is not quasi-offenses or those allowed by law
from their deposit, or if preliminary investigation has been so instituted within admissible against the offeror. (RULES to be compromised, the offer of
this period, upon finality of the prosecutor's resolution finding lack of probable OF COURT, Rule 130, Sec. 27). compromise by the accused may be
cause (A.M. No. 17-11-03-SC, Sec. 8.2). received in evidence as an implied
admission of guilt (RULES OF COURT,
Q: How is the destruction of items seized by virtue of a Cybercrime Warrant Rule 130, Sec. 27).
done?
ANS: The destruction of computer data and related items, if so ordered by the court,
shall be made in the presence of the Branch Clerk-of-Court, or in his/her absence, in the

650 651
 .As to the Withdrawal of Plea/Admission' • Burden of Proof vs. Burden of Evidence

A plea of guilty later withdrawn, or an Q: Distinguish burden of proof from burden of evidence.
Judicial admission withdrawn becomes ANS: The differences are the following:
extrajudicial admission. unaccepted offer of a plea of guilty to
lesser offense, is not admissible in Burden. of Proof .BUrden'of SvisTei6
.
evidence against the accused who
made the plea or offer (RULES OF As to Nature
COURT, Rule 130, Sec. 27).
The obligation of a party to present The duty to prove the case of a party or
As to the EquiponFlerarice of E.;.(jdence: evidence on the facts in issue overcome the evidence of the opponent
necessary to establish his claim or as demanded by the exigencies of the
Party who loses is the one who has the Accused is acquitted (People v. defense by the amount of evidence trial (Subong, Burden of Proof and
Lanurias, G.R. No. 207662, April 13, required by law (RULES OF COURT, Preponderance of Evidence: Legal
burden of proof (Sabellina v.
Doloresburay, G.R. No. 187727, 2016). Rule 130, Sec. 1). Twins in Civil Cases, 284 SCRA 684,
September 2, 2015). January 23, 1998).

As to. the Presence Of'CircumtAiitiel'Evidende' • . As to Change of Burden

drg,
It does not shift and remains throtphout It shifts from party to party depending
Not applicable. -Appitcpb10. orqy in criminal cases
the entire case exactly wheiet,:e" on who wants to establish a legal right
'TRULES 6F"COVRT Rule 133, Sec. 4). pleadings originally placed it ki3/Nif4.. r• in his favor (RIANO, Evidence, supra at
As to the Application of Privileged Cornintinicatiori (Cio4ir71,),itierit): • t''• Spouses Royeca, G.R. No. 176:54,!ZIO10, :;.,53)7rt,
21, 2008).
Applicable onIC ca es appleableVa
OF COURT, R ule 133 Sec 2 2)) ( Equipoise Rule
d • '
in
As to Compulsion,as:a Witness • Q: What is the equipoise equipopflerance doctrine?
# ANS: The equipoise rule prOvides that where the evidence iMa criminal case is evenly
,,"'
T77 seci not be compelled to be
A party or defeehtla m y bte compellea. - •J he accu_ balanced, thefiOnstitutiop,,al presumption innocenceililts the scales in favor of the
to be a vetn9ss p Oyidecj written ,a,witrrsg,..., 98 CONSTITUTION, Art. accused. Whtereghe,jocUlpatory facts angcircumstanqes•Are:capable of two or more
`sr
interrogatories •(/RIIPES \QI explanations, one of whjohjsTonsistent wittilthe innocenath`e;abbused
, . and the other
,Rule 25, S. 6) sand consistent with his guilt,'theni the evidence'does not fulfirtheftea't of moral certainty and
=admission (RULES oFvotiq 7 Rule.. is not sufficient to support aponviction (P,ef:iple v. Lanurias, G.R. No. 207662, April 13,
26, Sec. 5) havelaken serve(.fpokiliftm 2016).
.
As to Cross-Examination in'Snririmary Peocedu In civil cases, when thel.evidence,Rman is'sue2ofifacti`MM'equipoise or there is doubt as
to which side the evidence preponderates, the party having the burden of proof fails
Not applicable. Apploble (Revised Rule on Summary upon that issue. Where'n,eithegparty is able to establish its cause of action and prevail
,-Procedure, Sec. 15). with the evidence it has, Itkcburts have no choice but to leave them as they are and
dismiss the complaint/petition (Sabellina v. Doloresburay, G.R. No. 187727, September
2, 2015).
Proof versus Evidence
Q: What is the difference between proof and evidence? B. ADMISSIBILITY OF EVIDENCE
ANS: Evidence is the means by which proof is established while proof is the result, or Requisites forAdmissibllity of Evidence (Rule 128)
perfection of evidence. In other words, an evidence or pieces of evidence combined
together, might or might not be deemed proof of a person's guilt, depending upon other Q: What are the requisites for admissibility of evidence?
facts shown in the case (FRANCISCO, supra at 2). ANS: For evidence to be admissible, two elements must concur:
1. The evidence must be relevant; and
Factum Probandum versus Facturn Probans 2. The evidence is not excluded by the rules, or otherwise stated, it must be
competent (Tan v. Hosana, G.R. No. 190846, February 3, 2016).
Q: What is the difference between factum probandum and factum probans?
ANS: Factum probandum is the ultimate fact or proposition sought to be established; Exclusionary Rule
the fact which is in issue and to which the evidence is directed. On the other hand,
factum probans is the fact or probative or evidentiary fact tending to prove the fact in Q: What is the exclusionary rule?
issue (Grace Park International Corporation v. Eastwest Banking Corporation, G.R. No. ANS: The exclusionary rule is a judicially created remedy which provides that evidence
210606, July 27, 2016). obtained in violation of a defendant's constitutional rights must be suppressed from
government's case in chief (HERRERA, Remedial Law Vol. V (1999), p. 31) [hereinafter

652 653
5 HERRERA, Remedial Law]. The exclusionary rule includes the following constitutional Matters of Judicia/Notice
rights:
1. The right against unreasonable search and seizure (CONST., Art. Ill, Sec. 2); Mandatory
2. The right to privacy and inviolability of communication (CONST., Art. Ill, Sec. Q: When is judicial notice mandatory?
3, par. 1); ANS: The court shall take judicial notice of the following: (EP-NAPON-TG)
3. The rights of person under investigation for an offense (CONST., Art. Ill, Sec. 1. The Existence and territorial extent of states;
12); 2. Their Political history, forms of government, and symbols of nationality;
4. The right against self-incrimination (CONST., Art. M, Sec. 17). 3. The law of Nations;
4. The Admiralty and maritime courts of the world and their seals;
Q: What are the exceptions to the exclusionary rule? 5. The Political constitution and history of the Philippines;
ANS: The traditional exceptions to the exclusionary rule are: 6. The Official acts of the legislative, executive and judicial departments of the
1. Customs searches; Philippines;
2. Searches of moving vehicles; 7. The laws of Nature;
3. Seizure of evidence in plain view; 8. The measure of Time; and
4. Consented searches; 9. The Geographical divisions (RULES OF COURT, Rci. :129, Sec. 1).
5. "Stop and frisk" measures. a
6. Searches incidental to awful ar est,(lljartinez v. People, G.R. No. 198694, Discretionary
February 13, 20 ST J
Q: When is judicial notice discrqtionA
ry?
Q: What is the Frui ikoiscilous Tree doctrine? ANS: Judicial notice is discretionary1010ijjowing matters: (PDF)
ANS: According t hOtFrUit600isondUsL,Free-docliie,
fP once t e primary source (the 1. Matters which are of PublidNi3449,9,
'kr 2. Matters capable of unquestio0b(gDerdOn'efratidrkand
"tree") is shown t gv been pnlawfu ly abfained, any seco (pp oVerivative evidence
(the "fruit") de'ved m it is also inadmissible. Stated'therwise, illegally seized 3. Matters ought„to4re known tojudges because gf, their judicial Functions
evidence is obtained es a direct result'dflhe illegallact, lkike.seas the " fruit of the (RULES OF QOURT, Rule 129,,ASec. 2).
poisonous tree i"s-thelindirect r tIF:itth i, same illegal act. ThAe "frui of the poisonous
tree" is at lea,s once removed MOW' seized evrdence, but it is equally Judicial Admissions
inadmissible. The .rdle is based on ithe,prving*piegthat C/IdencePlegally obtained by the , •
Q: What is judicial admission?
'State should nbrbe.A.Aed ti5 1* others beca opginally,illegally obtained ANS: A judicialodmission, is an admissitk;1 verbal or written made by a party in the
evidence taintl eviOnce,l'u • sequedtl obtainedebri/e v.kSani ntafiez, G.R. No. course of thelproceedings the same.s ddesiicifqfi'quiielV6of (RULES OF
A
134530, Decem i4 4, 2 00)..\\N .L.,.,l COURT, Rule 129, Sec.1:4):;,
Judicial Notice and Judkia/ Admissions (Ru e Q: State the elemenis of a judicial admission.
N . . Ty „."0" ANS: They are the folloyinWPCS-No)
Q: What is meant byjudiciapc
ANS: Judicial notice is,,the4c9.grnce o certaiirpfacts.w icti,,jUdges may properly take 1. The admissioVnust be rriacle:b4aPartyiltdillierdase:
and act upon without need of, roof. It is bps,edvVipniderations of expediency and 2. The admissionp be judicial, must be made in the Court of the proceedings in
convenience and displacee'lhezetessitT9Wridenc),on'S settled matter to save time, the Same case; and
labor and expense in introducindh.emidenceo(2 REGAL4DO, Remedial Law, supra 3. No particular fornijs,required for an admission (RULES OF COURT, Rule 129,
at 833). Sec. 4; Programme Incorporated v. Province of Bataan, G.R. No. 144635,
June 26, 2006).
What need not be Proved
Effect of Judicial Admissions
Q: What are matters that need not be proved?
ANS: The following matters need not be proved: (JASPA) Q: What is the effect of judicial admissions?
1. Facts which are subject of Judicial notice (RULES OF COURT, Rule 129, ANS: Judicial admissions have the following effects:
Secs. 1-3); 1. A matter admitted need no longer be proved; and
2. Facts which are Admitted (RULES OF COURT, Rule 129, Sec. 4); 2. The matter admitted cannot be contradicted because they are conclusive upon
3. Matters not Specifically denied in the answer (RULES OF COURT, Rule 8, the party making it (RULES OF COURT, Rule 129, Sec. 4).
Sec. 10);
4. Facts which are legally Presumed (RULES OF COURT, Rule 131, Secs. 2-3); How Judicia/Ao'missions maybe Contradicted
and Q: How may judicial admissions be contradicted?
5. Those which are the subject of an Agreed statement of facts between the ANS: Judicial admissions may be contradicted in the following instances:
parties (RULES OF COURT, Rule 30, Sec. 6). 1. Upon a showing that the admission was made through palpable mistake; and
2. When it is shown that no such admission was made (RULES OF COURT,
Rule 129, Sec. 4).

654 655
Judicial Notice of Foreign Laws. Law of Nations and Municipal Ordinances substance of their declaration, their veracity, or the weight of their testimony (People of
Q: Can the Philippine courts take judicial notice of foreign laws? the Philippines v. Bato, G.R. No. 134939, February 16, 2000).
ANS: In general, and in the absence of statutory requirement to the contrary, the courts
will not take judicial notice of the laws prevailing in another country. Foreign laws must Multiple Admissibility
be alleged and proved (Northwest Orient Airlines v. CA, G.R. No. 112573, February 9, Q: May evidence be admissible for more than one purpose?
1995). The exception is where the foreign law is within the actual knowledge of the court ANS: Yes. Under the doctrine of multiple admissibility, evidence may be admissible for
such as when the law is generally well known, had been ruled upon in previous cases several purposes. It may also be admissible for one purpose and not for another.
before it and none of the parties claim otherwise, the court may take judicial notice of Therefore, the purpose for which evidence is offered must be specified to enable the
the foreign law (PCIB v. Escolin, G.R. No. L-27860, March 29, 1974). adverse party to interpose the proper objections (Uniwide Sales Realty and Resources
Corporation v. Titan-Ikeda Construction and Development Corporation, G.R. No.
Q: What is the Doctrine of Processual Presumption? 126619, December 20, 2006).
A: It is when a foreign law is not pleaded or even if pleaded, it is not proved, the Note: In this frequently arising situation, the normal practice is to admit the evidence
presumption is that the foreign law is the same as ours. It is also referred to as the only for the allowable purpose. For example, a confession of an accused may not be
Doctrine of Presumed-Identity Approach (EDI-Staffbuilders International, Inc. v. NLRC, competent as against his co-accused, being hearsay as to the latter, or to prove
G.R. No. 145587, October 26, 2007) conspiracy between them without the conspiracy being established by other evidence,
nonetheless, the confession of the accused may be admitted as evidence of his own
Q: Can the Philippine courWake judiFiaknoiticg. orthe law of nations?
ANS: Yes. The law o guilt (FRANCISCO, supra at 23). 1.4
,,f4 15
. nortia.,,pbject)to/kna,ndartirkjudicial
j notice. Under the
Philippine Constitution eo optiDevgenarally.azept9d,prinejples of international law
Condit/ono/Admissibility
as forming part ofthelawloj5the land. Being paThaitheelakof the land, they are
therefore technically irikflionlpreotiT and lirislubjectkto mandatory judicial Q: What is conditional admissibility
notice (RIANO, Eate il via at 79580).)A tvr ANS: It is where the evidence at theltpe of'itt offeaaspears to be immaterial or
ir irrelevant unless it is connected with the other facts to be subsequently proved, such
Q: When shoulcLthe court take judicial of mu9icipakdrdin " a ces? evidence may be received op the con Flftioril that the other facial will be proved thereafter;
ANS: Courts hTiUld take MN notice of municipal ordTances in the following otherwise, the evidenceigiven will ba.atricken out (RIANO, eVidence, supra at 26).
instances:
-.4
1. Muni pa courts must takegjudipfa4atioe of the municipal-crFlinances in force Curative Admissibility
in the upicipali i whictiViarsit (US y.,-)Bla co, G.R. No. L-12435,
Novellip c01` Q: What is theApctrinkof curative a'dm e
enkl K ANS: The da4iine-of.cuivivevagir;pissipoy alloWg4i0 introduce otherwise
2. The Rps 'sNuld ta uniciral ordinances
l within their
jurisdiction only,Lwhe -4-oreqt.iired bylla ,,c),1) appeal of cases from the MTC inadmissible evidenw%toilanswerWhe opposing partY.!atpieVidtis introduction of
in which'the late too fitticeotsue`h rdinanceAR/ANOJEvidence, supra at inadmissible eviberipeThiks, a party r?-j,who first introduces either irrelevant or
80); or incompetent evidenCe into the trial cannot complain of the subsequent admission of
. similar evidence from the adverse party relaft.tpAxe,„same subject matter. Conversely,
3. The CA .may, takeijudicia 'notice_of- oFli9a9ces because nothing in
the Rules prahVts i ro-441aking.cognizanFelofaviclinance which is capable the doctrine should not be invol5ed,iwheeVideakaspproperly admitted (RIANO,
of unquestionable.de onstrationf (8g/ieg,11 People, G.R. No. L-18247, Evidence, supra at
August 31, 1963). .•
Note: In all cases, the party asking tfie c o take judicial notice is obligated to supply Direct and arcumstantialEglence
the court with the full text of the rules the party desires it to have notice of. The court is Q: Define direct evidence.
not directed to act on its own in obtaining evidence for the record (Social Justice Society ANS: Direct evidence means evidence which if believed, proves the existence of a fact
v. Atienza, G.R. No. 156052, February 13, 2008). in issue without inference or presumption (2 RIGUERA, Remedial Law, supra at 424,
citing State v. Mclure, Mo. App. 504 S. W. 2d, 664, 668).
Relevance ofEvidence and Collateral Matters
Q: Define collateral matters. Q: What is meant by circumstantial evidence?
ANS: Collateral matters are those matters outside the controversy, or are not directly ANS: Circumstantial evidence is that evidence that indirectly proves a fact in issue
connected with the principal matter or issue in dispute, as indicated in the pleadings of through an inference which the fact finder draws from the evidence established
the parties (FRANCISCO, supra at 19, citing Gamer v. State, 76 Miss. 515, 25 So. 363). (Manangan v. People, G.R. No. 218570, Nov. 22, 2017).

Q: Is evidence on collateral matters allowed? Q: What are the requisites for the admissibility of circumstantial evidence?
ANS: As a general rule, no. It is not allowed because it does not have direct relevance ANS: For such circumstantial evidence to be sufficient for conviction, the following
to the fact in issue. However, a collateral matter may be admitted if it tends in any requisites must concur:
reasonable degree to establish the probability or improbability of the fact in issue 1. There is more than one circumstance;
(RULES OF COURT, Rule 128, Sec. 4). 2. The facts from which the inferences are derived are proven; and
Note: With respect to testimonies of a witness, the rule is that inconsistencies in the 3. The combination of all the circumstances is such as to produce a conviction
testimony when referring only to minor details and collateral matters do not affect the beyond reasonable doubt (RULES OF COURT, Rule 133, Sec. 4).

656 657
C OBJECT (REAL) EVIDENCE (RULE 130, A) the private document is offered as proof of its contents, the same is considered as a
documentary evidence (RULES OF COURT, Rule 130, Sec. 2).
Nature of Object of Evidence
Q: What is object evidence? Requisites forAdmissibility
ANS: Object evidence is that which is addressed to the senses of the tribunal, as where Q: What are the requisites for admissibility of documentary evidence?
objects are presented for the inspection of the court (FRANCISCO, supra at 109). ANS: They are the following: (RAWF)
Requisites forAdmissib//ity
1. The document must be Relevant;
2. The evidence must be Authenticated (if private and offered as authentic);
Q: State the requisites for admissibility of object evidence. 3. The document must be authenticated by a competent Witness; and
ANS: They are the following: (RAWFA) 4. The document must be Formally offered in evidence (RIANO, Evidence, supra
1. The object must be Relevant to the fact in issue; at 132).
2. The object must be Authenticated before it is admitted;
3. The authentication must be made by a competent Witness; Best Evidence Rule
4. The object must be Formally offered in evidence; and
5. It must meet any other Additional requirement set by law (RIANO, Evidence, Meaning of the Rule
supra at 101). Q: What is the best evidence ruleZ,t $14
ANS: Best Evidence Rule is that which'/0:Mre the highest grade of evidence obtainable
Categories of Object Evidence to prove a disputed fact. In regutOap*Plz9duction of the best evidence applicable to
.\ each particular fact, it means thpftrig!fe;yidence shall be received which is merely
Q: What are the categpmsrofidbject evidence?
ANS: They are thwfolloltirtrret substitutionary in its nature so longF*,thAYRrigpat,eviderice-,,,can be had they should
1. Unique.obiedtsf objpcts thathay, reapilily ide yifi ye arks; have been rejected altogethereworthyLiitany'proilaliVeiyagra\ at all, being incompetent
2. Obiects maag.unique - objects Oat at&made eadily deptiftable; and pieces of evidence (Arroyo AV House of IRepresentatitretEactoral Tribunal, G.R. No.
3. Non-unique objects objects With' no identifyirng mal g and/cannot be marked 118597, July 14, 1995);‘-•• -•
f;t
(RIANO vi' ence, supra at107)!
When Applicable h
Demonstrati e Evidence
11 --4-4.
iA.
H Q: When is the evidence'rule appliOble? 6,
0: Define demonstq t\( ive „j_depce. ,,..,., i P) ,......; Pftvo'i
ANS: It is targibre)e iden,hat merelv,i,Atratessa/matter off jinportance in the
ANS: When ti;it,subjecff0fthe inquiry is tgicontents document, ,no evidence shall
be admissible,,otherIhanjtne original document itseltMEESFOOpouRT, Rule 130,
.41 •
litigation, such as ,maps, diagfarris, Friddeff, `SuA elies artd other/ material specially Sea 3). Where the issue:v[1'0y agAwhettrpr such a diaiMentonias actually executed,
N\ NO ".. I - \ '" 0 q
made for litigatio\ it is net the \ptwINt4irab r represents or demonstrates the exists, or on thecirpmstan-c0 relevant toXr surrounding the document's execution, the
real thing (RIANO„Evidence supra tet402)..L- best evidence ruleloes notiappind y' a testimonial evidence is admissible. Any other
\ '"--'---:II.I;NT13..?>1
'" substitutionary evidence is,akewise adOWfirg7‘vItInut need of accounting for the
View of an Object of Scene'n original (2REGALADO;prhedial Law u ra at 842PaiM
N. i)
0: When may the courtview an 2bj"r
._-\c 1/4
ect W , . e n e i o u t s 1 d e the courtroom?
, .0- Q: When may the best:',vidence5rule be waived?
ANS: Where the object is imraviab n n on leritito remove, the court may go to the ANS: It is universally accepted that when secondary or incompetent evidence is
place where the object is located. An Inspection made outside the courtroom should be presented and accepted without any objection on the part of the other party, the latter is
made in the presence of the parties or at least with previous notice to them of the time bound thereby and the court is obliged to grant it the probative value it deserves
and place thereof (RIANO, Evidence, supra at 106). (Lorenzana v. Lelina, G.R. No. 187850, February 12, 2009).
D. DOCUMENTARY EVIDENCE (RULE 130, B) Q: When is the proper time to object?
Meaning of Documentary Evidence ANS: The proper time for making objection is when the formal offer is made and not
during the identification merely of the secondary evidence (Interpacific Transit v. Aviles,
Q: What is documentary evidence? G.R. No. 86062, June 6, 1990).
ANS: It is one which consists of writings or any material containing letters, words,
numbers, figure, symbols or other modes of written expressions offered as proof of their Meaning of Original
contents (RULES OF COURT, Rule 130, Sec. 2).
Q: When is a document considered original?
Q: May a private document be offered and admitted in evidence both as ANS: The following are considered as originals of a document: (ITR)
documentary evidence and as object evidence? (2005 Bar) 1. One the contents of which are the subject of inquiry;
ANS: Yes. A private document may be offered and admitted in evidence both as 2. When a document is in Two or more copies executed at or about the same
documentary evidence and as object evidence depending on the purpose for which the time with identical contents, all such copies are equally regarded as originals
document is offered. If offered to prove its existence, condition or for any purpose other (duplicate originals);
than the contents of a document, the same is considered as an object evidence. When

658 659
 3. When an entry is Repeated in the regular course of business, one being When Parol Evidence can be Introduced
copied from another at or near the time of the transaction, all the entries are Q: When may parol evidence be introduced?
equally regarded as originals (RULES OF COURT, Rule 130, Sec. 4). ANS: Evidence to modify, explain or add to the terms of the written agreement can be
introduced by a party if he puts in issue in his pleadings: (VISA)
Exceptions to the Best Evidence Rule 1. The Validity of the written agreement;
Q: State the exceptions to the best evidence rule. 2. The failure of the written agreement to express the true Intent and agreement
ANS: No evidence shall be admissible other than the original document itself, except in of the parties thereto;
the following cases: (PLAN) 3. Subsequent agreements or the existence of other term; or
1. When the original is a Public record in the custody of a public officer or is 4. An intrinsic Ambiguity, mistake or imperfection in the written agreement
recorded in a public office; (RULES OF COURT, Rule 130, Sec. 9).
2. When the original has been Lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror; Distinctions between the Parol Evidence Rule and Best Evidence Rule
3. When the original is in the custody or under the control of the party Against Q: State the distinctions between the parol evidence rule and the best evidence
whom the evidence is offered, and the latter fails to produce it after reasonable rule.
notice (those in custody of the adverse party); ANS: The differences are the following,•A
4. When the original collsisteo'fWeMs%accounts or other documents which • . ,
cannot be exanted5intipurt viith ut grcatjossklif time and the fact sought to ParorEvidence est Evidence Rule •
• • ••
be establisheptomlnis al the- deneral ?es It of the whole (RULES OF •

COURT, Rye„138.0e .,c, 8). . As to Applicability

17...4 1 .
Note: Secondaryrive)vdmle-when.th_ezigineLtdqc mets were actually lost Where the original is available in heivitte origiAlis not available in court
or destroyed. But ,ric2r,tb"theiiritroductiokof such secondary,evidence, the proponent court. an Port6.'er#21SiAr dispute as to whether
must establish theloVer exrtencegf th,6\ AI,dOment. The c'bpettqrder of proof is as
# execution, loss, contents,. J]
ed if necessary in said writing is the original.
follows: existence, The order may ter
the discretion of the-cot:ft (Lazatin-v,Gan7 ,*--GA,N L-4395-July 30, 1979). As to Prohibition
11 /4 , ,,, !i!f! e --- .,.---
'L ,r • -4:14
Prohibits the vaving- of ti terms of a e 1 S.
Seconda Evidence -`'. Afrohibits the int roductiqn of substitutionary
_-1-2,-. written agreement. *evidence in lieu or thdtoriginal document
0
A t J ) ‘ N:.,-^N\
7 7.
Requisites fonthePrope , ntrodactioireSecondarvEvidenc
R. I ,!.:).., 4":7/ I
..
egardless df whether or,, not it varies the
co ntentstegiNiarigN . '
Q: State the rersites‘ for tqmoRettntrqftj-c9o,,,<,q1 )secirdaly evidence. . -. 4',',1 ',c-4',.?4:11,=„2-
• 4,:,,,W.V.P7
ANS: Secondary evidence may.315ed,rinittrd c.nTy/ y /lay7the basis for its production As to When may be Invoked
which requires confliancavfth thellIcjINing:IgIUSik / '44 '
—Tt
1. The offeror must prove th,...Eicpf .c@trgrici-existe41,ce of the original document; When the controversy is btebveen the .-•AnymIparty to an action regardless of
2. The offerorInjisist slaWth cause'cof-itsiSna4la lity;Aand parties to the written 491:ee'ment,theli;4: v,whetheristich party participated or not in
3. The offeror niUst(sh tpat ife—cifi2liablijty, srnot due to his Bad faith privies, or any partykhrectly affect
e theWilting.inVolved.
1- thereby. ria, 4::#
(RULES OF CONT, Le 130,1Sff. ).
-Y -
As to the Nature of Documents
Parol Evidence Rule
Applies only to written agreements or Applies to all kinds of writing
Application of the Parol Evidence Rule contract, except wills.
Q: What are the requisites for the applicability of parol evidence rule?
ANS: They are the following: (CWIP) (RIANO, Evidence, supra at 165).
1. There is a valid Contract;
Q: Is the Parol Evidence Rule applicable to wills?
2. The terms of agreement reduced to Writing;
3. There is an Issue as to the terms of agreement; and ANS: Yes. By the explicit provision of Section 9 of Rule 130, the term "agreement"
includes wills.
4. The dispute is between Parties and their successors in interest (RULES OF
COURT, Rule 130, Sec. 9).
Note: The written agreement is already considered to contain all the things agreed Q: When is the parol evidence rule not applicable?
upon. Being a final agreement, any extraneous evidence or "parol" evidence is ANS: The parol evidence rule does not apply to persons who are not parties to a deed
inadmissible for any of the following purposes: (a) to modify; (b) to explain; or (c) to add and do not base their claim on it (Eagleridge Development Corporation v. Cameron
to the terms of the written agreement (RULES OF COURT, Rule 130, Sec. 9). Granville 3 Asset Management, Inc., G.R. No. 204700, November 24, 2014). Thus, a
total stranger to the writing is not bound by its terms and is allowed to introduce extrinsic
or parol evidence against the efficacy of the writing (Lechugas v. CA, G.R. No. L-39972,
August 6, 1986 citing Hown v. Hansen, 57 N.W. 315).

660 661
 Interpretation of Documents Q: May a witness be disqualified on the ground of political or religious belief, or
Q: What are the rules on interpretation of an instrument under the Rules of Court? interest?
ANS: The following are the rules on interpretation of an instrument under Rule 130 of ANS: No. Religious or political belief, interest in the outcome of the case, or conviction
the Rules of Court: of a crime unless otherwise provided by law, shall not be a ground for disqualification
1. The language of a writing is to be interpreted according to the legal meaning it (RULES OF COURT, Rule 130, Sec. 20, par. 2).
bears in the place of its execution, unless the parties intended otherwise (Sec.
10). Competency versus Credibility of a Witness
2. The instrument must be construed so as to give effect to all provisions (Sec. Q: What are the distinctions between competency and credibility of a witness?
11). ANS: The distinctions are the following:
3. The intention of the parties is to be pursued. In case of inconsistency, a
•
particular provision is paramount than a general provision and a particular Competency Credibility
intent will control over general intent (Sec. 12).
As to the Subject
4. The circumstances under which the instrument was made, and the situation of
the subject thereof and of the parties to it, may be shown, so that the judge Refers to the personal qualifications of Refers to the weight and trustworthiness
may be placed in the position of those whose language he is to interpret (Sec. the witness to testify. or reliability of the testimony.
13).
5. The terms of a wjjti g pre prepuTed o have been used in their primary and As to the Nature
general acceptat,ien4STN4). i
It has nothing to do with the laws or
6. Written worOdf ,,con ro 501yerp-Tinted -5‘i. A rules.
7. Experts a , clAkte.5p/ters_may-be,us.e_dn in case Rf6;11fficulty in deciphering the
characte 19,whlch thelistrumentwas wntte ?Sec. _1*6);\ (RIANO, Evidence, supra at 185),
8. When th te4misfof an agreeneiti\.ha:k been intenFellin R, different sense by
the diferent parties 4fto it, that sense is to pre ail against party in which Disqualification of Witness
he sippea,edithe o her-underttO8L-it,-and-w en di ereni konstructions of a
provipipa017, othe iseqyallyOrcperi.9at its to be Jake-6 which is the most Disqualification by Reason of MentalIncapacity or Immattikv%
favorpbZhe party in whSaOlfagcirog provLsion was aslepec. 17). Ao, v
Q: Who may not,13e,,a witness by reasorrof mental incp,pacjty?',
9. WheR iritru en As equally,:sUaprible 9filwo, interpretations, one in favor ANS: Those whC§e mental c6riditionil,at Oil time of their production for examination, is
of naturalpkt a . Oh other-ageifferiitrthe-form*/is t8 122Adopted (Sec. 18).
such that theyiare incapable
ro • of 4.,intelligerilly making Isr9wn their `perception to others
1 10. An inIttilmen m consTrOddt.ta ordii l itjr` usage tqdetermine its true (RULES OF COURT''Hule
-..r
tti -, Sec!- 21). 7,
character (Sec 19).
X Q: Is a mental retarAteidis,qualifiqd frori),being a witness?
E. TESTIMONIAL EVDENCE (R L 30 ) K ANS: Feeble-mindelfpersoni are tompVent witnesses as long as they can convey
\ ._, rr their ideas by words and sign0 and give sufficientlyintalligent answers to the questions
Ii Q: What is the naturkof teitirroniCe! ence_g,sea soatte.5f evidence?
propounded by the court`and the_comnsekk(R0p/agtzpa/ma, G.R. No. L-69152,
ANS: Testimonial eviderkcplia . jae crarsrl w Iting/ II e a deposition (ALBANO, 14-11'
1., September 23, 1986). 7,24,
Remedial Law, supra at 121,3). 1/.1 NA. 1W ,

-,,,,,
Q: What is the presumptiTV,sanity?
Q: What is meant by the term "witness?'— ANS: The law presumes that every person is of sound mind, in the absence of proof to
ANS: A person who testifies in a case or gives evidence before a judicial tribunal. the contrary (CIVIL CODE, Art. 800). However, there is no such presumption if the
(FRANCISCO, Evidence, supra at 387). witness is a lawful inmate of an asylum for the insane (Torres v. Lopez, G.R. No. L-
24569, February 26, 1926).
Qualification of a Witness
Q: Who may be witnesses? Q: Who may not be a witness by reason of immaturity?
ANS: Subject to certain exceptions provided for under the ROC, all persons who can ANS: Children whose mental maturity is such as to render them incapable of perceiving
perceive, and perceiving, can make known their perception to others, may be witnesses the facts respecting which they are examined and of relating them truthfully (RULES OF
(RULES OF COURT, Rule 130, Sec. 20). COURT, Rule 130, Sec. 21).

Q: What are the qualifications of a witness? Q: Is a child qualified to be a witness?

ANS: A prospective witness must show that he has the following abilities: (OR3) ANS: Under the Rule on Examination of a Child Witness, every child is now presumed
1. To Observe - the testimonial quality of perception; qualified to be a witness. To rebut this presumption, the burden of proof lies on the party
2. To Remember - the testimonial quality of memory; challenging the child's competency. Only when substantial doubt exists regarding the
3. To Relate - the testimonial quality of narration; and ability of the child to perceive, remember, communicate, distinguish truth from
4. To Recognize a duty to tell the truth - the testimonial quality of sincerity (5 falsehood, or appreciate the duty to tell the truth in court will the court, motu proprio or
HERRERA, Remedial Law, supra at 278). on motion of a party, conduct a competency examination of a child (People v. Esugon,
G.R. No. 195244, June 22, 2015).

662 663
 Disqualification by Reason of Marriage Husband and Wife
Q: Can the spouses testify against each other? Q: What are the requisites of the rule on marital communication privilege?
ANS: No. During their marriage, neither the husband nor the wife testify for or against ANS: It has the following requisites: (MC3O)
the other without the consent of the affected spouse, subject to exceptions (RULES OF 1. That the spouses must have been legally Married;
COURT, Rule 130, Sec. 22). 2. The spouse against whom such evidence is being offered has not given
his/her Consent to such testimony;
Q: What are the exceptions to the marital disqualification rule? 3. That the privilege is claimed with regard to Communication, oral or written,
ANS: A spouse may testify against the other in: made during the marriage;
1. A civil case by one against the other; or 4. That said communication was made Confidentially; and
2. A criminal case for a crime committed by one against the other or the latter's 5. That the action or proceeding where the privilege is claimed is not in a civil
direct descendants or ascendants (RULES OF COURT, Rule 130, Sec. 22). case by One against the other, or in a criminal case for a crime committed by
one against the other or latter's direct descendants or ascendants (RULES OF
Q: What are the requisites of the rule on marital disqualification? COURT, Rule 130, Sec. 24, par. (a)).
ANS: The requisites are the following: (PME2)
Q: Distinguish the marital disqualification rule from the marital communication
1. That the spouse for or against whom the testimony is offered is a Party to the
privilege.
case;
ANS: The distinctions between .'m9,501 disqualification rule and the marital
2. That the spouses/pprdlegally 47;1antii.tnnulled);
communication privilege rule are: '
3. That the testily) y-is,lopred during ti'lelExIsterIce:otgarriage; and
4. That the case is of neAti re ptio pr9vided'i the rule (5 HERRERA, Marital Disqualification Rule Marital Communication Privilege
Remedial fa at 30 )- „It
As to Period of Effectivity .; • .
t DisqualfficationbyReas n ofDeatiThrinsanib% ofAc/Yerse y
A blanket disqualificatippof a spousp
Y The privilege appftes only to confidential
1
Q: What are )t e requisites
1 A V (
reasonof death or
sites `for the rule-on disqualificatio tyb reason
y from testifying for or agbinst the other4.4 communicationst:'
insanity of an diCt e s partyi? ,,_„„ . i.; _ I
As to Scope
ANS: The rul ,i''àlso nown as thel0eadilMah'SI;Statyte, has the following requisites: p

(PA-CB)
.--Art • ,C.7.1-.0.14, H Effective onlyAlunng thefexistence,,pf duritig a d after the marriage.
n
1
1. The wan sp is a Pa iiy, or arr;assignor of or a person in whose the marriage,;,. 4,1
behal tp9rcpse is\e7e,putedifq I j n
As to a Spouse being a Party to the Action
, 2. The a tienis‘Agairks tqe eq.OutQl-CCa MR? , 2 presentative of the
deceasqd.or tlk persQ6 'b ksiolubd -
51 df... v•-'117-1Y^ ","
i Can be invokedonly;iiNone of ;the May be invoked whether or not a spouse
3. The subject matt-kr of`tfte%p1204s,,a lairp or against the estate of a spouses is a party0 fhe action.
deceasetor persdrt‘pf 6 srikm V ,41 ...51)
4tis a party to the action.
4. The subjeclItheAsli , on n_y-rhatqr ladVa,9cyring Before the death of (2 RIGUERA, Remedial Law, supra at 544W
such deceas d person) .9 before--sZEfi person ecame of unsound mind
(RULES OF cob.. T, bole 130, Attorney and Client
3)1..*
Q: What are the requisites for the rule on confidential communications between
COmmunkation
Disqualification byReason ofPrivileged- attorney and client?
Q: Who may not testify by reason of privileged communication? ANS: For the privilege to apply, the following requisites must be present: (REC2)
ANS: They are the following: (HAP3) 1. There is an attorney and client Relationship;
1. Husband and wife; 2. There must be communication by the client to the attorney, or advice given
2. Attorney and client; thereon by the latter to the former in the course of or with a view to
3. Physician and patient; professional Employment;
4. Priest and penitent; and 3. The communication or advice must have been made Confidentially; and
5. Public officers (RULES OF COURT, Rule 130, Sec. 24). 4. The client has not given Consent to the attorney's testimony thereon; or if the
attorney's secretary, stenographer or clerk is sought to be examined, that both
Q: Who may assert the claim to privileged communication? the client and the attorney have not given their consent thereto (RULES OF
ANS: The following may assert the privilege: COURT, RULE 130, Sec. 24, par. (b)).
1. Holder of privilege; Q: Does the attorney-client privilege cover future crimes?
2. Authorized persons; and ANS: No. A distinction must be made between confidential communications relating to
3. Persons to whom the privileged communication were made (5 HERRERA, past crimes already committed and future crimes intended to be committed by the client.
supra at 315). Statements and communications regarding the commission of a crime already
committed, made by a party who committed it, to an attorney, consulted as such,
are privileged communications. Contrarily, communications between attorney and client

664 665
having to do with the client's contemplated criminal acts, or in aid or furtherance thereof, Q: Distinguish the filial privilege under Sec. 25 of Rule 130 from the filial privilege
are not covered by the cloak of privileges ordinarily existing in reference to under Article 215 of the Family Code.
communications between attorney and client (People v. Sandiganbayan, G.R. Nos. ANS: The distinctions are as follows:
115439-41, July 16, 1997).
Sec: 25, Rule 130 Article 215, Family Code
Physician andPatient
As to Scope
Q: What are the requisites in order that the physician-patient privilege may be
successfully claimed? A person may not be compelled to A descendant may not be compelled to
ANS: They are the following: (CAP-N eB) testify against his ascendants or testify against his parents and
1. The privilege is claimed in a Civil case; descendants. This provision covers grandparents. This provision is a filial
2. The person against whom the privilege is claimed is one duly Authorized to both parental and filial privilege. privilege only.
practice medicine, surgery or obstetrics;
. As to Applicability
3. Such person acquired the information while he was attending to the patient in
his Professional capacity; Applies to civil and criminal cases. Applies to criminal cases only.
hr
4. The information was Necessary to enable him to act in that capacity; and
5. The information was co dentiali,ang,• if disclosed, would Blacken the
reputation of the pallari (Kroh/v.pAXG: . No4_108854, June 14, 1994).
• As.to Exceptions

Note: Medical records favijoethinht ' amt2lofiff

. priNe
." tras ,,,„
a physician memorializes 6 hen the testimony is indispensable in a
all the patient's inforniatiokin recordsrDisciwng em would be the equivalent of :.iigrime against the descendant or by one
compelling the physielaft)tole on privileged mattbrelie gal* while dealing with the ;,,parent against the other.
patient, without the' late0 prio coffgenr -d-C7atrif Cfta 4- .R.‘1\lo. 179786, July 24, .;%'•
2013). (2 RIGUERA, Remedial Law, supra •
f )1QQ X. Admissions and Confessions
Priest and Penitent
V-1)
Q: What are pezequisites‘forcr...r,4,1ile fe,,nzyfivil ged commdnication between Admission bya Party'l,
priest and penitent. I Q: What is an admission?.
ANS: They ar4tkkoi owTgirpP) T.'2:;:7,77:12:y fr-Th ANS: An admission is, an act, declaratiorygr omission of a party as to a relevant fact
1. Ther must e a Re Oonshipiot:griest-and-Rejfire t;
which may begIven.in.eViiience against h&(RULES9,F„,COVRT-.Rule.130, Sec. 26). It
2. Ther tu'rs) 'te 114 , 3‘ssiogoNati3rOgpireZnithereon by the priest in his is a voluntaryyabknowlecjgment made by twarty of the'dexistTip:e,W.the truth of certain
Profes Iona hare t'e"?‘ 1 tt,coti”, iscip ine enjoined by the church to
‘ \,.,
....4/ facts which are incgrditarit-With his claimstch an action (Black;slaw Dictionary, 51h Ed.,
s an S'
which he1.be or'i'* -
/ 44). tre4
3. The corrvnunicatigps Ta, —were _c' o fi .intial and P7itential in character
(RULES OF COURT Rul 'f3Q0e:41. p'ar Q: Distinguish admisston.from confessten..
Public Officers ANS: The distinctions b6tween adriiisgori'anti'corifes§ion-are the following:
PM-f
A& \-
Q: What are the requisites b the rule_protectin communications made to public mission nfessio
officers in official confidence?
ANS: Before the privilege can be invoked, the following requisites must concur: (GOTI) As to Nature
1. The holder of the privilege is the Government, acting through a public officer;
Merely a statement of fact not directly There is an acknowledgment of guilt.
2. The communication was given to the public Officer in confidence;
3. The communication was given during the Term of office of the public officer involving an acknowledgment of guilt or
but the privilege may be invoked not only during the term of office of the public of the criminal intent to commit the
offense with which one is charged.
officer but also after; and
4. The public Interest would suffer by the disclosure of the communication
(RULES OF COURT, Rule 130, Sec. 24, par. (e)). As to scope

Testimonial Privilege An admission includes confessions, the A specific type of admission which
former being a broader term because refers only to an acknowledgment of
Parental and Filial Privilege Rule accordingly, a confession is also an guilt.
Q: What is the parental and filial privilege rule? admission.
ANS: The parental and filial privilege rule states that no person may be compelled to As to Manner
testify against his parents, other direct ascendants, children or other direct descendants.
A person however, may testify against his parents or children voluntarily but if he Express or implied. Always express; cannot be implied.
refuses to do so, the rule protects him from any compulsion. The rule applies to both
criminal and civil cases (RULES OF COURT, Rule 130, Sec. 25).

666 667
 ;•
41frra'.0 rim in a[C die 3. The conspiracy must be shown by evidence Other than the declaration or act
(RULES OF COURT, Rule 130, Sec. 30).
A statement by the accused, direct or An acknowledgment in express terms,
implied, of facts pertinent to the issue, by a party in a criminal case, of his guilt Admission by Privies
and tending, in connection with proof of of the crime charged.
Q: What are the requisites of admission by privies?
other facts, to prove his guilt.
ANS: The requisites are: (ADOHR)
(5 HERRERA, Remedial Law, supra at 114-115). 1. There must be an Act, Declaration or an Omission by a predecessor-in-
interest;
Res interAllosActa Rule 2. The act, declaration or omission of the predecessor must have occurred while
he was Holding the title to the property; and
Q: What is the res inter alios acta alter! nocere non debet rule? The act, declaration or omission must be in Relation to the property (RULES
ANS: The principle of res inter altos acta alteri nocere non debet means that "things OF COURT, Rule 130, Sec. 31).
done between strangers ought not to injure those who are not parties to it" (Dynamic
Signmaker Outdoor Advertising Services, Inc., et al. v. Potongan, G.R. No. 156589, Admission by Silence
June 27, 2005). Q: What are the requisites of admission by silence?
ANS: Before the silence of a party may,Ktaken as an admission of what is said, it must
Q: What are the two branches.:ofirer s i tera ios,acta rule? • 44.,
appear that:
ANS: They are the followjpge'
annot t e pleju iced by an act, declaration, 1. He heard and understooththe,Vatepent;
1. The rule thati
theOhis ofia‘pa
2. He was at liberty to inten5rn',;**tal;
or omissionanotpVROLES OF COORI,,,to?tig 1.3b Sec. 28); and
3. The statement was in reSpec;t404Arrie matter affecting his rights or in which he
2. The rule Ihd epyencef-previoTi;s-cond ct ksiTilar.p9ts at one time is not
admissitieloprpfe Fitone diO-or.ad no ido'the sa ek4act at another time was then interested, ansi;tilling4r4,467,49.r an artS;Wer;
4. The facts were wittiinjiis knowledge;
(RUL7S OThqOUR Rule 1'32, 49c.34).
5. The fact admittOd.'br the inference to be drawn frpfn his silence would be
Admission by a TN diParty
:ii:11
ur) material to thtissne (PeopleVEpragsa, G.R. No. e44960, July 20, 1978).
‘.-..''-• • ,:!I , 1 1P-m' Note: It must be noteghoNever, thartheAccused's right to remain silent prevails over
Q: May the rig hts of a ibe prejudiAed.tir.3the act, dec[aration or omission of the rule allowing silenee'of 0erSon is adrnipsible (2 REG6LADOV?emedial Law, supra
Ld, ,-,„,-,-.,„,‘
s.„..,„_.,,, • = 10%,_,z.„.,
another? irr.7) 1)--1 at 763).
N
ANS: As a gl eral4 rule, Po. owe.ver-pezzRules_of LOo rt rovide for the following
exceptions: ci.) X-' Confession
,t
1. An adrRission by a 1:1:13 er,...ltir Igejii;.7 Q: What is a co nfession?,.,
2. Admissions by‘co-cO,Aspi tor; and ......4,
ANS: It is a categpripaVackpowledgment:4f guilt made by an accused of the offense
3. Admission by priv'es (Reit '04,00 Rule 1'30, Secs. 29-31).
charged or of an O'ffensenecessarilyQjncluded therein, without any exculpatory
statement or explanation (RULES OF C9013:7,:.•, 7Rji(e, 130, Sec. 33; 2 REGALADO,
Admission by a Co-Partner:orAgen IE N
1 IAN
•4' 1/^1 -,E1 A Remedial Law, supra ,R;764). It 4ma ,4,;;Vy:;81,treklenge against him (RULES OF
Q: What are the requisites of anFidmisaion co -pa' ner or agent? COURT, RULE 130, Sec 33).
.P
ANS: For this admission to'bply the follow! requisites must concur: (SEO)
1. The act or declaration oraupartner.ont of the party must be within the Q: Distinguish judicial frojTextrajudicial confession.
Scope of his authority; ANS: The distinctions between a judicial and extrajudicial confession are the following:
2. It must have been made or done during the Existence of the partnership or
agency (while the person making the declaration was still a partner or an Judicial Confession xtrajudicial Confesi
. . , son
agent); and Where Made
3. The existence of the partnership or agency is shown by evidence Other than
such act or declaration (RULES OF COURT, Rule 130, Sec. 29). A plea of guilty made by an accused in Outside of the sitting of the court (Ibid.).
Note: The same rule applies to the act or declaration of a joint owner, joint debtor, or a fit state of mind to plead before a
other person jointly interested with the party (RULES OF COURT, Rule 130, Sec. 29). court competent to try the pending
charge in which the proceedings have
Admission by a Conspirator been regularly instituted (Francisco,
supra at 179).
Q: What are the requisites of admission by a co-conspirator?
ANS: For the admission of a conspirator to be received against his co-conspirators, it is As to its ability to sustain conviction/Weight and sufficiency
necessary that: (REO) By itself, can sustain a conviction (Ibid.).
1. The declaration or act must Relate to the conspiracy itself; It is not sufficient for conviction, unless
Note: Under Rule 116, Sec. 3, when the corroborated by evidence of corpus
2. The declaration or act must be made or done during the Existence of the
accused pleads guilty to a capital delicti (RULES OF COURT, Rule 133,
conspiracy; and
offense, the Court is required to conduct Sec. 3).
a searchin• in• ui into the

668 669
 voluntariness and full comprehension of Q: State the elements of hearsay.
the consequences of the plea and ANS: The elements of hearsay are as follows: (AMO)
require the prosecution to prove his guilt 1. An Assertion, or conduct amounting to an assertion;
and the precise degree of culpability. 2. Made or done by someone other than a testifying witness on the stand; in
Also, the accused may present other words, by an out-of-court declarant or act; and
evidence in his behalf. 3. Which is .Offered to prove the truth of the matter asserted at the trial in which it
is offered (5 HERRERA, Remedial Law, supra at 569).
Q: State the requisites for an extrajudicial confession to be admissible.
Exceptions to the Hearsay Rule
ANS: In order that an admission of guilt of an accused during custodial investigation be
admitted in evidence, the following requisites must be present: (CEVI) Q: What are the exceptions to the Hearsay Rule?
1. The facts admitted must be constitutive of a Criminal offense; ANS: The following are exceptions to the Hearsay Rule: (DDAF-CREEC-LT)
2. The confession must involve an Express and categorical acknowledgment of 1. flying declarations;
guilt; 2. Declaration against interest;
3. The confession must have been given Voluntarily; and 3. Act or declaration about pedigree;
4. The confession must have been Intelligently made by the accused while 4. Family reputation or tradition regarding pedigree;
realizing the importance,or4517sipific-wo
- of his act (People v. Matignas, 5. Common reputation;
G.R. No. 126146, lylarcK, 206. Ail 6. Part of the Res gestae;
„..-,,,, .......",.., 7. Entries in the course of bilbineSs
ence
Previous Conduct as Evid 8. Entries in official recordWr4
Q: May evidence 9(I sunjp;acts or as evidence? 9. Commercial lists and thelli e
ANS: As a gerieprike:ib. Evidenc th*ong,clid ortclid4folkcertain thing at one 10. Learned treatises; and/
time is not admissibieffovproie thatkhe cltd, °aid notido tkb samkor similar thing at 11. Testimony or deposition at a 'former trial (RULE&O ,COURT, Rule 130, Secs.
another time (14ULES lo F CpURT, Rule130, Sec. 3i4). !ap/ell-settled rule that 37 - 47).
evidence is nokplible wIlictrshows-cttends-to-show that the accused in a criminal
i
case has com fitted` crime vihollyjhdepenident:from tt‘e offenle-firwilich he is on trial. Dying Declarations
A:man may bl agotorious critninalk;apArnay;pice committed Inanylcrimes and still be Q: What are dyiwideclar4tiOns?
innocent of thea•cniqVarKin the ceSworvtrial (PeoWy. Gal°, G.R. Nos. 70306-07, ANS: Dying4:declaratippe are declaratMs of a dying person; made under the
July 30, /986).1However, O r .NI:eTecdive ta-p-rolSKIPS4CHUL consciousness}
7 As/ \i death 4f pertaining,tp,fAq6e.vsk,nd surrounding
1. Speckkintgrit• circumstance'of such dqatOwhiCitr, !lay bolreceiveAstVtClile&976"4ny case wherein
2. Knowledge; .
, his death is the subject Uinquiry (RUES OF COURT, RulelW'`Se'c. 37).
3. Identity; ;41
4• -
4. Plan; Q: What are the requisites in'order for at;'ciying4eclaration to be admissible?
5. System; ANS: For a dying declarationlo be admissibWitbe4fcllowing requirements must concur:
6. Scheme; (C4D2)
7. Custom; 1. That the declaration cocerns the Cause and the surrounding circumstances
8. Habit; of the declaraasicieeth;
9. Usage; and the Like (R L S.0 COLIRT,
- Rule 130, Sec. 34). 2. It is made wheri"'Crali appears to be imminent and the declarant is under a
Consciousness of impending death;
Testimonial Knowledge
3. The declarant would have been Competent to testify had he or she survived
Q: What are the facts to which a witness'can testify to? (Marturillas v. People, G.R. No. 163217, April 18, 2006);
ANS: A witness can testify only to those facts which he knows of his personal 4. The declaration must be Complete (People v. De Joya, G.R. No. 75028,
knowledge; that is, which are derived from his own •perception, except as otherwise November 8, 1991);
provided in these rules (RULES OF COURT, Rule 130, Sec. 36). 5. The dying declaration is offered in a case in which the subject of inquiry
involves the declarant's Death (People v. Gatarin, G.R. No. 198022, April 7,
HearsayRule 2014; RIANO, Evidence, supra at 307); and
6. The declarant should have Died (People v. Pea, G.R. No. 133964, February
Meaning of Hearsay 13, 2002; 2 RIGUERA, supra at 559).
Q: What is hearsay?
ANS: It is an oral testimony or documentary evidence as to somebody's words or Q: When is a Dying Declaration considered Complete?
actions outside of court, where they are offered to prove the truth of the very matters ANSI To be complete in itself does not mean that the declarant must recite everything
they assert (V. Wigmore, Evidence; Chadbourn Rev., Secs. 1360-1365). Evidence is that constituted the res gestae of the subject of his statement, but that his statement of
called hearsay `M.\ e\Alks 'illobal:\Ne%me.teW\ea, \c‘Nsihde or \x\ Pack, cm the tm‘A%x\t`i any given tact should be a Id exPress\on of all that he intended to say as conveying his
ax\e,cxeS.Mtl of some persons ck\ \eI \\Nax\%%\litc\%%% ‘01 Ni\U\A \\A% %mitt% `'ccIt\IRk't tceaNt\g th respect of such tact (People v. De Joya, G.R. No. 75028, November 8,
(Estrada v. Desierto, G.R. Nos.146110-15, March 2, 2001).
1994

614
611
Declaration Against Interest Q: What are the requisites for common reputation to be admissible?
ANS: The requisites for this exception are: (FAPA)
Q: What are the requisites in order for declaration against interest to be 1. That the common reputation involves Facts of public or general interest more
admissible? than 30 years old;
ANS: A statement may be admissible when it complies with the following requisites: 2. That the reputation is Ancient;
(DIAM) 3. That the reputation must come from persons in a Position to know such
1. That the declarant is Dead or unable to testify; matters; and
2. That it relates to a fact against the Interest of the declarant; 4. That the common reputation existed Ante litem motam, i.e., "previous to the
3. That at the time he made said declaration the declarant was Aware that the controversy" (5 HERRERA, Remedial Law, supra at 671).
same was contrary to his aforesaid interest; and
4. That the declarant had no Motive to falsify and believed such declaration to be Q: Aside from facts of public or general interest more than 30 years old, what
true (People v. Bernal, G.R. No. 113685, June 19, 1997). other matters may be proved by common reputation?
ANS: The following may be proved by common reputation:
Act orDeclaration about Pedigree 1. Matters respecting marriage; and
2. Matters respecting moral character (RULES OF COURT, Rule 130, Sec. 41).
Q: What are the requisites in order for act or declaration about pedigree to be
admissible? . Part of the Res Gestae
ANS: A declaration about pedigree is suTjelt tq thp following conditions: (DR-POB)
1. That the decla9nAIDAd or una IQ° eslry; Q: What is res gestae?
2. That the dec arant by e Retted'Intfev on Vote pedigree is the subject of ANS: Res gestae literally meansgtif gs; 04e." Res gestae refers to statements made
inquiry; by the participants or the victims ,:Of,:c, pti,t0f'spectators to, ai rime immediately before,
3. The Pedtgree f4peponlirtiginVaTZ§De; during, or after its commission,471t0Titat§:n2typi.,a1M,ppontaneous reaction or
4. That such be sh:rown- Ay dentevth 4 /an t p declaration; and utterance inspired by the excitement 7,o, re oCcdditirifiw)thblitt any opportunity for the
5. That the declyationtwas madeentellitem mottam, tit is, not only Before the declarant to fabricate kfalSe statement. An important consideration is whether there
comnie,tiog, mpnt of tie suit invOlyinq the subject ma ter declaration, but intervened, between the(oc;c.urrencelgOr4the statement, anyfarcpmstance calculated to
before any controversy has. ari4n thereon (. ecson vi,,C0 ELEC, G.R. No. divert the mind and thus restore the mental balance of thegdeclarant; and afford an
.,N
p ,...... ‘4(,._,,‘ -- • i',, '
1614r4, march 3, 2004). - ,--, 1.• , •-• opportunity for deliberatiom(people v. Esttbal y Calungsag, G.R. No. 208749, November
,.;:..L:„_.,.:L.
' , -;-• 26, 2014). -,.444
P '.1
:;41-' •., 0 ti t.
PamilvReputationonTraclition RegardingrPeckgree ,V; e
VA \ ,=-'\1\ Fff 1,-% Q: What are itheitwad
,irt.i, ypei4of res,gestaei
?,
Q: What are11 t,1requisite , orde_aforxrfil or tradition regarding
ANS: The two''types of,r9,,gestae,af4) -
pedigree to be dmissIble? 'r-','s- Li ' •-s.-' 1. Spontaneous, stateme
nts and i4:„J
ANS: The requisites are:ABEMRL 2. Contemporandous'stptements or erbal acts (RULES OF COURT, Rule 130,
BefOre the controversy (ante litem
1. The reputation o trad tis-formed
motam); \ ;5-
c /EN i....
Sc- 1_:
::3, Sec. 42). 5 t.
v
r4 ,

r '
p Ve
2. The reputaticirkorAQiition'qs.oneExistingliii
...", )
the family of the person whose Q: What are spontane5ys statements? '
pedigree is in *show/ j ..4\-1;.,
/y 1.
9.... ANS: Spontaneous st4t§ment§5a're statements or exclamations made immediately after
3. The witness testifying.toltzRut do ad:feTson is a Member of the family; some exciting occasion bysg,piii-ticipant or spectator and asserting the circumstances of
and that occasion as it is observed (Keefe v. State of Arizona, 72, p. 425). There is no hard
4. There is controversy in respect to the Pedigree of a member/s of a family and fast rule by which spontaneity may be determined although a number of factors
(RULES OF COURT, Rule 130, Sec. 40). have been considered including, but not confined to: (TP2CN)
1. The Time that lapsed between the occurrence of the act or transaction and the
Q: Is evidence on pedigree limited to oral testimony in court? making of the statement;
ANS: No. It applies also to documentary evidence. Under the present rule, family 2. The Place where the statement is made;
reputation or tradition may also be established through entries in: 3. The Condition of the declarant when the utterance is given;
1. Family bible; 4. The Presence or absence of intervening events between the occurrence and
2. Family books or charts; the statement relative thereto; and
3. Engravings on rings; and 5. The Nature and the circumstances of the statement itself (Manulat Jr. v.
4. Family portraits and the like (RULES OF COURT, Rule 130, Sec. 40). People, G.R No.190892, August 17, 2015).
Common Reputation Q: State the requisites for admissibility of evidence as part of res gestae.
Q: What is meant by common reputation? ANS: The statement to be deemed to form part of res gestae requires the concurrence
ANS: Common reputation is the reputation existing previous to the controversy, of the following requisites: (SBC)
respecting facts of public or general interest more than thirty years old, or respecting 1. That the principal act, the Res gestae, be a Startling occurrence;
marriage or moral character (RULES OF COURT, Rule 130, Sec. 41). 2. The statements were made Before the declarant had the time to contrive or
devise a falsehood; and

672 673
 3. That the statements must concern the occurrence in question and its Q: What are the requisites in order for commercial lists to be admissible?
immediate attending Circumstances (Peop/et v. Palanas, G.R. No. 214453, ANS: For this to be admissible as tending to prove the truth of any relevant matter so
June 17, 2015). stated therein, the following must be present: (ILPU)
1. Statements of matters of Interest to persons engaged in an occupation;
Q: What are verbal acts? 2. The statements must be contained in a List, register, periodical or other
ANS: Verbal acts are statements accompanying an eqUivocal act material to the issue, published compilation;
and giving it a legal significance (RULES OF COURT, Rule 130, Sec. 42). 3. That compilation is Published for use by persons engaged in that occupation;
and
Q: State the requisites for the admissibility of verbal acts. 4. It is generally Used and relied upon by them (RULES OF COURT, Rule 130,
ANS: The requisites for the admissibility of verbal acts are: (EMAL) Sec. 45).
1. The principal act to be characterized must be Equivocal;
2. The equivocal act must be Material t to the issue; Learned Treatise
3. The statement must Accompany the equivocal act; and
4. Verbal acts must give Legal significance to the equivocal act (Talidano v. Q: When is a learned treatise admissible?
Falcom Maritime & Allied Services, Inc., G.R. No. 172031, July 14, 2008). ANS: A published treatise, periodical or pamphlet on a subject of law, history, science or
art may be admissible as tending to prove,the truth of a matter stated therein if:
Entries in the Course of BusinessiBustness Records Rule) 1. The court takes judicial notiwl
.40°' N, 1 IAI -""'-
',,,.
Q: What are the requ'sites in-vder‘for.entries i , the course of business be
2. A witness, expert in the spliject,-.estifies that the writer of the statement in the
treatise, periodical, or OnAttef4recognized in his profession or calling as
admissible? ) .,.„0„,,,, ------ ...,,-4 ,
expert in the subject (Rt2RESta#COURT, Rule 130, Sec. 46).
ANS: In order thatArCentrOnay be ad j,lesible a-s.
--.....„.„. idwicei e following requisites V?
)-
must be present: ,(1' eKIPDr , -eN Testknonv orDeposition at a Former.-THa
1. The enyie us( have bee-ft made at'or near the lime of the transaction to ,,
it z,:7,L, ,
which Iney relate; \ Q: What are the requisites...
trial to be admissible?if .._
- in order ,for ,.testimony or depoSition given at a former
,fo
r .,.n IF.
2. That tne,ent was adeinke_Regutarcour,se of business or duty; ft --,T: P .1
3. The gntran't must have, in a ppsitipn to Knovi theicts stated in the ANS: To be admissible, under thivru ' le;. the following jequiefies must be present:
. 4 0.----i (POFUS)
entries; ' ''''rl '.- ''."51 l'-' #,t1 \
4. That 1t entrap made the, q1:1011.:11-el his Professional capacity or in the 1. The testimony
A -.
orldeposition was giyen in a Former case or proceeding, judicial --am
perforandelof citttyitand ' '
--- /).;:r') or administrative. 4,--• .0 , '-
Inc
5. The ep&-iOmust be:Deceased orpripble jo tes tr
is ify (Pa u alv. People, G.R. No. 2. Thelformer cas04procpeding vas betweenrthe-sarneiParties,
16445i,, April 1, k,., i---1 <,.:,2' 3. The former testimony relates to ttiejsame Subjectoatteriopissues•
5 - 4. The adverse'pertiliad an Opportunity to cross-examine the witness; and
Entries in the Oificial Recoro's 5. The witness is dead. or is Unable to testify in the subsequent trial (Manliclic v.
'1)4. ')‘•- Calaunan;b.R. No.1150157, Jariparyq25)T2007).
Q: What are the requisites lonsqitriesfinbfficial-record‘s,.to be/admissible?
ANS: The requisites ArkacipliVorrof=etl]iN,j1).,offid,Lart,ecoj
b r•qpre: (PPK)
offm or b.y.,,e
:›r ie o'person specially enjoined by Opinion Rule
1. That it was rne8e
law to do so; and,:„Z -' 11 Q: Is the opinion of a wAtRemadmissible?
2. That it was made by a p blicofficerin the Performance of his duty, or by ANS: As a general rule, itigncit'admissible. Witnesses must give the facts and not their
another person in the performance of a duty specially enjoined by law; and inferences, conclusions or opinions, except for the following:
3. The public officer or the other person had sufficient Knowledge of the facts by 1. Opinion of an Expert Witness -The opinion of a witness on a matter requiring
him stated which must have been acquired by him personally or through special knowledge, skill, experience or training which he is shown to possess
official information (Sabili v. COMELEC and Librea, G.R. No. 193261, April 24, may be received in evidence (RULES OF COURT, Rule 130, Sec. 49);
2012). 2. Opinion of an Ordinary Witness - The opinion of an ordinary witness for which
proper basis is given, may be received in evidence regarding: (IHM-EBCA)
Commercial Lists and the Like a. The identity of a person about whom he has adequate knowledge;
Q: Are commercial lists admissible in evidence? b. A Handwriting with which he has sufficient familiarity;
ANS: Yes. Evidence of statements of matters of interest to persons engaged in an c. The Mental sanity of a person with whom he is sufficiently acquainted;
occupation contained in a list, register periodical, or other published compilation is d. The witness' impression on the Emotion, Behavior, Condition or
admissible as tending to prove the truth of any relevant matter so stated if that Appearance of a person (testimony of collective facts) (RULES OF
compilation is published for use by persons engaged in that occupation and is generally COURT, Rule 130, Sec. 50).
used and relied upon by them therein (RULES OF COURT, Rule 130, Sec. 45).

674 675
Opinion of expert witness 3. The good or bad moral character of the offended party may be proved if it
tends to establish in any reasonable degree the probability or improbability of
Q: What is expert evidence? the offense charged (RULES OF COURT, Rule 130, Sec. 51, par. a).
Ans: The testimony of one possessing in regard to a particular subject or department of
human activity, knowledge which is not usually acquired by other persons (5 HERRERA, Q: What is the sexual abuse shield rule in child sexual abuse cases?
Remedial Law, supra at 787). ANS: Under the sexual abuse shield rule, the following evidence is not admissible in
Note: The expertise of a witness on a particular matter would not automatically warrant any criminal proceeding involving alleged child sexual abuse:
the reception of his testimony on that ground if the party offering it fails to present and 1. Evidence to prove that the alleged victim engaged in other sexual behavior;
qualify the witness as an expert (Dela Llana v. Biong, G.R. no. 182356, December 4, and
2013). 2. Evidence offered to prove the sexual predisposition of the alleged victim
Under this rule, the accused in not allowed to prove the bad moral character of the
Opinion of ordinary witness
offended party. However, evidence of any of the above is admissible to prove that a
Q: May an ordinary witness testify as to the mental condition of a person? person other than the accused was the source of semen, injury or other physical
Ans: Yes. An ordinary witness may give his opinion on the mental sanity of a person evidence (A.M. No. 004-07-SC, otherwise known as the Rule on Examination of a Child
with whom he is sufficiently acquainted (RULES OF COURT, Rule 130, Sec. 50). Witness, Sec. 30).
Note: The attending physicians of amf„sgzinzwflose mental sanity is under inquiry are not
required to be presented as .saxperfWitnesses 13;gia.,thair testimony may be admitted in Civil Cases
evidence since they were,able toNspea1.40' ipst ract withktheir patient. Such occasions Q: When is character evidence applicable in civil cases?
allowed them to thoroughly obse rve tbeir-paiien av ork(Hernandez v. San Juan- ANS: Evidence of moral charact0O0*prty is admissible in civil cases only when
Santos, G.R. nos. 16470 &V,6921.7, August 7, 2009) pertinent to the issue of characteiiinVifiligitln the case (RULES OF COURT, Rule 130,
Sec. 51 (b)).
Character Evidence
Q: Distinguish charac4ter from reputation; -" Q: Example of civil actions where: the measure of compensation is generally
ANS: The distirtions are the followin • • ' affected by the plaintOs character t
P
ANS: The following are civil actions which concerns the presentation of character
Character. eputation.. evidence: t4`O
0"
As to Definition • 1. Defamation cases, •
SI
:It is the aggregalp of\ he moral
ir
leputationfhlepends an attributes which
2. Action5.for breathiof promise to niagy; and
,•••
3. Actionlomalicjous.
r
—g „
prosecution (FRANCIS.COWEViderfc0k;upra at 373).
t
qualities which bekrgIsl; '''aQd •0 her "el ve7ne to'posse,s. ' N.-5,phw-tgvalere
ZAAW44
---4:LI
distinguish an indivi ual 'eissoN Q: When does CharacteteVidencOacqUire significance in regard to witnesses in
lhe general result Hof one-, civil cases? a !:7
distinguishing attributes. I refei-kiCi` ANS: Evidence of good moral character,` may be presented when the
what a man is anciclependslinkthe--
k,, , character of the witness" has beeppariwoo4ppzgdverse party (RULES OF
attributes he possessey 9T1 i7i COURT, Rule 132, See:e14). 4.0,""'
tc V;?'
As to What It Signifies '41 s'
F. BURDEN OF PROOF ANP4PRESUMPTIONS (RULE131)
Reality. What is accepted to be reality at present. Burden of Proof
AS. to Nature • Q: What is the test to determine where the burden of proof lies?
ANS: The test is: Which party would fail if he offers no evidence competent to show the
What a person really is. What he is supposed to be in accordance facts averred as the basis for the relief he seeks to obtain (Aznar Brothers Realty v.
with what people say he is, and is dependent Aying, G.R. No. 144773, May 16, 2005).
on how people perceive a person to be.
Q: Who has the burden of proof in civil cases?
(RIANO, Evidence, supra at 335). ANS: The party who asserts the affirmative of an issue bears the onus to prove his
assertion in order to obtain a favorable judgment (Grace Borgona Insigne v. Abra Valley
Crirnina/Coses
Colleges, G.R. No. 204089, July 29, 2015).
Q: When is character evidence admissible in criminal cases?
ANS: In Criminal Cases: Q: Who has the burden of proof in criminal cases?
1. The accused may prove his good moral character which is pertinent to the ANS: The burden of proof is on the prosecution, and unless it discharges that burden
moral trait involved in the offense charged; the accused need not even offer evidence in his behalf, and he would be entitled to an
2. In rebuttal, the prosecution may prove the accused's bad moral character acquittal (Macayan v. People, G.R. No. 175842, March 18, 2015).
which is pertinent to the moral trait involved in the offense charged; and

676 677
 ',."11M14vi notteig4.-k&-rifrikvitt

11,4114-t44:4

Presumptions 2. A witness must answer to the fact of his previous final conviction for an offense
(RULES OF COURT, Rule 132, Sec. 3); and
Q: Define presumption. 3. A witness must testify in open court and under oath or affirmation, unless
ANS: It is an inference as to the existence of a fact not actually known, arising from its he/she is incapacitated to speak, or the question calls for a different mode of
usual connection with another which is known or a conjecture based on past experience answer (RULES OF COURT, Rule 132, Sec. 1).
as to what course human affairs ordinarily take (Martin v. CA, G.R. No. 82248, January
30, 1992). Order in the Examination of Individual Witnesses

Conclusive Presumptions Q: What is direct examination?

ANS: It is the examination-in-chief of a witness by the party presenting him on the facts
Q: What are conclusive presumptions? relevant to the issue (RULES OF COURT, Rule 132, Sec. 5).
ANS: Conclusive presumptions are those that may not be overturned by evidence,
however strong the evidence is (University of Mindanao v. BSP, G.R. 194964, January Q: What is cross examination?
11, 2016). ANS: Upon the termination of the direct examination, the witness may be cross-
The following are the conclusive presumptions under the Rules of Court: examined by the adverse party as to any matter stated in the direct examination, or
1. Estoppel in pais — Whenever a party has. by his own declaration, act, or connected therewith, with sufficient fullness and freedom to test his accuracy and
omission, intentionally and deliberately another to believe a particular thing truthfulness and freedom from interestgot;pias, or the reverse, and to elicit all important
to be true and to aOupon sucq b4liefkhq cann2t, in any litigation arising out of facts bearing upon the issue (RULS,;LOUQURT, Rule 132, Sec. 6).
such declaratiopr t o Tissio.awbeAh-ii eclpfaIsify it.
2. Estoppel agains .&ena t07,7..hemterrant.is not pee mittV to deny the title of his Q: What is re-direct examination'.
landlord a timai ,of the commencemenkof ,t*relation of landlord and ANS: This examination is conducedIlatte.qthe,.;cross examination and the party who
tenant be nl,tlierfi" (RUL'ESWCZYCIRT ule 130, S-&c. 2). called the witness on direct examination Triayi,rree,the4same witness to explain or
supplement his answers gjyterrduring4he cross-examination: The counsel may elicit
Disputable Presumpt ons
,41 P zis.,c,, X testimony to correct or.,retiel any wrong thpression or inferencps that may have been
1, I created in the cross examination. Questions on matters notedr
Q: What are disputaye prel.umption 4 ealt with during the cross-
. e X a rn n a tic) n may be allowed b h court
n its discretion. (RULES
OF OF COURT, Rule
ANS: These ale1 ,14sumptio s that, pe,dvercome by contrary vidence. They are 0 el-, ,y
132, Sec. 7). 3.
disputable in recognifion of the vaibbilIbri,Cif_14an behavior apri.,ils application on a
given circumstances ) based orfAl'46,-eXEStence Sisejtai facts' on which they are Q: What is retcross examination?
meant to opeipte.Atspu b a resurp,ptiaMappl 9,0,1y/in I ,eabsoence of contrary ANS: Upon ttIKOnalusiiiritbf the4re,..direct:examinationiltWadversei'party may re-cross
evidence or explanations ( (s oft.4i qv / Banako Sentral pg Pilipinas, et. al, examine the wess
arl onnatters stated irOis re-direct,exarnination; and also on such
G.R. Nos. 194964-65, an t)i-, ;201 Fte .ort, ,' of Rule 1 1 enumerates the other matters aernay 6p:alloiked by the court in its discretion (RULES OF COURT, Rule
..... ,s, Vt4 LA, 1:
different disputable presumptions 13Z Sea 8).
G. PRESENTATION OF EVIDIENCEYRUPEV32,--- Q: Maya witness be repelled?
Examination of a Witness 9 ANS: As a general rule„ after ,,,Itle);eXaniination of a witness by both sides has been
concluded, the witnes4annotOrecalled without leave of court. This is so because a
Rights and Obligations of tness witness cannot be detaineaqhger than the interest of justice requires. An exception to
Q: What are the rights of a witness? this rule is when the recall has been expressly reserved with the permission of the court
ANS: A witness taking the witness stand has the following rights: (IDEAS) (RULES OF COURT, Rule 132, Sec. 9).
1. To be protected from Irrelevant, improper, or insulting questions, and from
Leading and Misleading Questions
harsh or insulting demeanor;
2. Not to be Detained longer than the interests of justice require; Q: What is a leading question?
3. Not to be Examined except only as to matters pertinent to the issue; ANS: One which suggests to the witness the answer which the examining party desires.
4. Right Against Self-Incrimination — Not to give an Answer which will tend to It is generally not allowed, except in the following instances:
subject him to a penalty for an offense unless otherwise provided by law; and 1. On cross-examination;
5. Right Against Self-Degradation — Not to give an answer which will tend to 2. On preliminary matters;
degrade his reputation, unless it be to the very fact at issue or to a fact from 3. When there Is difficulty in getting direct and intelligible answers from a witness
which the fact at issue would be presumed (RULES OF COURT, Rule 132, who is ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute;
Sec. 3; 2 REGALADO, Remedial Law, supra at 842). 4. Unwilling or hostile witness; or
5. Witness is an adverse party or an officer, director, or managing agent of a
Q: What are the obligations of a witness? public or private corporation or of a partnership or association which is an
ANS: The obligations of a witness are the following: adverse party (RULES OF COURT, Rule 132, Sec. 10).
1. A witness must answer questions although his answer may tend to establish a
claim against him (RULES OF COURT, Rule 132, Sec. 3);

678 679
Q: What is a misleading question? Public and Private Documents
ANS: One which assumes as true a fact not yet testified to by the witness, or contrary to
Q: What are considered as public and private documents?
that which he has previously stated (RULES OF COURT, Rule 132, Sec. 10). It is not
ANS: Public documents are:
allowed in any type of examination (RIANO, Evidence, supra at 322).
1. The written official acts or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines, or
Methods of Impeachment ofAdverse Party's Witness
of a foreign country;
Q: What are the methods of impeaching the adverse party's witness? 2. Documents acknowledged before a notary public except last wills and
ANS: A witness may be impeached through the following modes: testaments. Assumed to be included in this class of public documents are
1. By contradictory evidence; those acknowledged before an officer, other than a notary public authorized to
2. By evidence that the general reputation for truth, honesty, or integrity of the administer oaths (RIANO, Evidence, supra at 167);
witness is bad; or 3. Public records, kept in the Philippines, of private records required by law to be
3. By prior inconsistent statements (RULES OF COURT, Rule 132, Sec. 11). entered therein (RULES OF COURT, Rule 132, Sec.19). The public document
Note: Other than the foregoing, the following are methods which may be used to does not refer to the private document itself but the public record of that
impeach the adverse party's witness: private document (RIANO, Evidence, supra at 168).
1. By involving him during cross examination in contradiction; All other writings are private documents (RULES OF COURT, Rule 132, Sec.19).
2. By showing the impossibili orwimpro. agility?! his testimony;
3. By proving actiovilOpguct cold wi qpIslncontstent with his testimony; Q: What is the importance of knowing whether a document is public or private?
st the adverse party (5 ANS: This classification is for the,purposeqc their presentation in evidence (RULES OF
4. By showing bias-riqt rest or &tile
10,---- A COURT, Rule 132 Sec 19). Publfecio4pents are admissible in evidence even without
HERRERAff;MIcApl , supra at 209);<‘.
further proof of their due execution, and genyineness (Sales v. Sta. Mesa Market Corp.,
5. By showipg dt,th)re isxdefeet-in4he_observatiOn memory or narration by
RRERA, Remedial G.R. No. 157766, July 12, 2007). :•,*
the witness p • Law,3bpra
1\/4K • ‘1-2191.\
Q: Are all notarial documents consicterercl as public documents?
How Witness is Impeached by Eviderke,f o Inconsistent Statements (Laying the ANS: No. Only those which are "acknowledged" are public docUrrients. Affidavits are not
Predicate) considered as public documents. Ajurat Is„a notarial act, but that would not make the
11,11 „ow-A
xrie-ks- .'0, - '-,11•.pf document a public,c1i)ouRent:,(FRANC/SCO, Evidence 1 c (1996); p. 500) [hereinafter
Q: How is the itness impe ched-py,4vixiince-of
.4- -r-1/.4 • inconsistednt statements?
ANS: Impeachirqp sus prio inporgistenf statime is require_s the "laying of the FRANCISCO, Evidence].
predicate," thOelements oActL- are_as-Zoitcrw.s:_.(EtAyST,'-',
;)) I tct
When PrivatelgritiroRequiresAuthentiwtion: Proofof Private Writing
1. The Itegcksta‘telneM matt loe,-7°R919t90::tO tip wicn9ss including the
ski' • "474, . g.t1
circumsrinceNof th4imbs, 0.ceis-ariTpe,r or/present; and Q: When does a„privOemtmg require Attthenticatidn?,
2. He milli be Asked stk&'t e ad doh ate eints, aid if so, he must be ANS: When a private, document is qffereidgn evidence as authentic, there is a need to
. Explain4herq q .
allowed to prove its due execution and authenticity (RULES OF COURT, Rule 132, Sec. 20).
3. If the state ents are. 2pri
repFtlik s beShown to the witness; (RULES 4 c.1
OF COUR , ule 2,'Sec,3)7 .. „0011:, Q: How may a private,writing be,prcly,pd7-
Note: Non-compliance itt ,,,th i o pdaofral
. el m,,
,, qr crib' mode will be a ground for ANS: The due execution. and auttigiticitif of a private document must be proved either
an objection based on "imp.ret..._ek impgpl nti N0 .era timely objection, extrinsic by:
evidence of a prior inconsisterit..etateme twith the required foundation is not 1. Anyone who saw4heidocument executed or written; or
admissible (RIANO, Evidence, supra at 327). 2. Evidence of the genuineness of the signature or handwriting of the maker
(RULES OF COURT, Rule 132, Sec. 20).
Evidence of Good Characterof a Witness
When Evidence ofAuthenticity of a Private Writing is not Required
Q: When is evidence of the good character of a witness admissible?
ANS: The evidence of the good character of a witness is not admissible until such Q: When is evidence of authenticity of private writing not necessary?
character has been impeached (RULES OF COURT, Rule 132, Sec. 14). This arises ANS: Evidence of authenticity of a private writing is not required:
from the presumption that the witness is truthful and of good character, hence the 1. When the document is an ancient one within the context of Sec. 21, Rule 132;
necessity of initially showing such traits is unnecessary (RIANO, Evidence, supra at 2. When the genuineness and authenticity of an actionable document have not
331). been specifically denied under oath;
3. When the genuineness and authenticity of the document have been admitted;
Authentication and Proof of Documents 4. When the document is not being offered as genuine (Patula v. People, G.R.
No. 164457, April 11, 2012).
Meaning of Authentication
Q: What are the requisites for an ancient document to be admissible?
Q: What is authentication? ANS: The following are the requisites of an ancient document: (30-CU)
ANS: Authentication means the act or mode of giving authenticity to a statute, record or 1. The private document is more than 30 years old;
other written instrument, or a certified copy thereof, so as to render it legally admissible
2. It is produced from a Custody in which it would naturally be found if genuine;
in evidence (5 HERRERA, Remedial Law, supra at 262). and

680 681
 3. It is Unblemished by any alterations or circumstances of suspicions (RULES Public Record of a Private Document
OF COURT, Rule 132, Sec. 21).
Q: How may an authorized public record of a private writing be proved?
How to Prove Genuineness of a Handwriting ANS: An authorized public record of a private document may be proved by the original
record, or by a copy thereof, attested by the legal custodian of the record, with an
Q: How may the genuineness of a handwriting be proved? appropriate certificate that such officer has the custody (RULES OF COURT, Rule 132,
ANS: The genuineness of handwriting may be proved by: Sec. 27).
1. Any witness who believes it to be the handwriting of such person because he
has seen the person write; or Proof of Lack of Record
2. Any witness who has seen writing purporting to be his upon which the witness
has acted or been charged, and has thus acquired knowledge of the Q: How is lack of record proved?
handwriting of such person; or ANS: To prove that no official record or entry is found in the custody of an officer, it
3. A comparison made by the witness or the court, with writings admitted or must be evidenced by a written statement signed by an officer having the custody of an
treated as genuine by the party, against whom the evidence is offered, or official record or by his deputy that after diligent search no record or entry of a specified
proved to be genuine to the satisfaction of the judge (RULES OF COURT, tenor is found to exist in the records of his office, accompanied by a certificate as above
Rule 132, Sec. 22). provided (RULES OF COURT, Rule 132, Sec. 28).

Public Documents as Evidence:=Proofo d How a Judicial Record is Impeached _..1)

1 1
Q: What is the probative ;ue okentnesin-p (311recordq Q: How may a judicial record befippeaCied?
ANS: Documents co listing rif.,p;ntrialn'Tiltlirecs2rdi,m'adektn the performance of a ANS: A judicial record may be imn,'q900404evidence of: (JCF)
duty by a public officetereymmajage-eyi.denze,2fIke Lac", therein stated. All other 1. Want of Jurisdiction in the cpgrtoOOdicial officer;
ae evidence; 'st a thirdverscsni olttle fact which gave rise 2. Collusion between the pairtiOtx,,„,,
public documentsi # even aga ► i4','
3. Fraud in the party offering (1110,ffobritOrtfespectttolthe
i proceedings (RULES
to their executio rah he date of tEe la r ROLES OF COVET, ule 132, Sec. 23). "— ...:-.,:•!
" OF COURT, Rule132, Sec. 29).A ,fi
40A-i; t
Q: How is an gfficial record moved? f(f) Proof of Notarial Documents
ANS: The rec publi documents'iilivhen admissible foii.,any purpose may be V,. I ,,,
! A r! ' 1'1
7 niz., - -- •
evidenced by: 11"--1 Q: What is the probative Yaluwbf notariNdocuments?! t '".
1. An officiallS blicatiqrN or •••72-,7,;.:.; ANS: Notarial dpAnentslrnay- be preseXited in evidence without further proof, the
2. A coat' 'of kt sFLI:iy then avir "cui ody offthe record or his certificate of acknowledgment beind'•=prirri`a, facie evidence Of the execution of the
r%
deputy,f4ith a cwil"cate thatuck off .eKhes t ekVtody (RULES OF instrument orgdotimerkt.frelved (RULES OF' COUR.T.Ruler132,,,Se6,30).
COU 774Rul 132,\;a: 4)41 -4e- , .. ... ,...•,_,...: ..
How to Explain Alterationsln a Dbeilmentri
ffiit is a foreign recprd, it may be ,Nence,b ''''''C" I it ,- :•-''''.i* ' :.-::'.
Q: How may an alteption irp writing bq:4explained?
1. An officiarqublicatibkor_SriL.-Nn -AN. ANS: The party producing a4pcument asgpnpinxwhich has been altered and appears
2. A copy thereof atysted-ttlieloffiterh th;e1.c,u,tody of the record or his to have been altered OfteriitS- exeputigne'.0!44ititater,i91 to the question in dispute,
deputy, accApanip:st p certificate at\tilopfficer has the custody, which must account for the altgration.lriattrghoinftliet:J(ACIMY"
may be made 69.4..0.r? epretaryN
, litribasseOr
o k I legation, consul- general, 1. The alteration as madelby Another, without his concurrence; or
consul, vice-consul, dr,comularlagent or ford& service officer and with a seal 2. The alteration WaSsnlalle with the Consent of the parties affected by it; or
of his office (RULES OF cotr 7, u e- 132, Sec. 24). 3. The alteration wag'Otherwise properly or Innocently made; or
4. The alteration did not change the Meaning or language of the instrument
Attestation of a Copy
(RULES OF COURT, Rule 132, Sec. 31).
Q: What must the attestation of copies of public records or documents state?
ANS: An attestation of a copy must state, in substance, that the copy is a correct copy Documentary Evidence in an Unofficial Language
of the original, or a specific part thereof as the case may be. Likewise, it must be under Q: When are documents written in an unofficial language admissible in evidence?
the official seal of the attesting officer, if there be any, or if he be the clerk of a court ANS: As a general rule, documents written in an unofficial language shall not be
having a seal, under the seal of such court (RULES OF COURT, Rule 132, Sec. 25). admitted as evidence unless accompanied with a translation into English or Filipino. To
avoid interruption of proceedings, parties or their attorneys are directed to have such
Q: How may foreign judicial record be authenticated? translation prepared before trial (RULES OF COURT, Rule 132, Sec. 33).
ANS: Foreign judgments may be authenticated in the following modes:
1. By an official publication; Offer and Objection
2. By a copy thereof attested by the officer having legal custody of the document. Offer of Evidence
If the record is not kept in the Philippines such copy must be:
1. Accompanied by a certificate issued by the proper diplomatic or consular Q: What is the rule on offer of evidence?
officer in the Philippine foreign service stationed in the foreign country in which ANS: The court shall consider no evidence which has not been formally offered. The
the record is kept; purpose for which the evidence is offered must be specified (RULES OF COURT, Rule
2. Authenticated by seal of his office (RULES OF COURT, Rule 132, Sec. 24). 132, Sec. 34).

682 683
When to make and offer Note: The reason for sustaining or overruling an objection need not be stated. However,
Q: When to make an offer? if the objection is based on two or more grounds, a ruling sustaining the objection on
ANS: The proper time to offer evidence depends on its form. one or some of them must specify the ground or grounds relied upon (RULES OF
1. With respect to testimonial or oral evidence, the offer must be made at the COURT, Rule 132, Sec. 38).
time the witness is called to testify;
2. For documentary and object evidence, it shall be offered after the presentation Striking out of an answer
of a party's testimonial evidence. Such offer shall be done orally unless Q: When is motion to strike out answer proper?
allowed by the court to be done in writing (RULES OF COURT, Rule 132, Sec. ANS: A motion to strike out may be availed in the following instances: (PIU2C)
35). 1. When the answer is Premature;
Objection 2. When the answer of the witness is Irrelevant, incompetent or otherwise
improper;
Q: When is the proper time to object? 3. When the answer is Unresponsive;
ANS: The proper time to make a protest or objection against the admission of evidence 4. When the witness becomes Unavailable for cross-examination through no fault
depends on the manner the evidence is offered. of the cross-examining party; or
1. Objection to evidence offered orally must be made immediately after the offer 5. When the testimony was allowed Conditionally and the condition for its
is made; admissibility was not fulfilled,(RIANO, Evidence, supra at 352).
2. Objection to a quesorropo ndd I ffle course v, of the oral examination of a 4
witness shalli‘-m ecas soonaslithef grbunds therefore shall become Tender of excludedevicience
reasonably apyarent• jji
3. In case olAkoffer. ,9 evi 19...oce-ip.writiz9,, eiekr9,bjegtion must be within 3 days Q: What is meant by tender of excluded evidence?
after nop9ofte offer unlessla differentl period..js\ajwed by the court ANS: If documents or things offe,redii6*IpeRceRre exclud9d by the court, the offeror
(RULES' 0E49 RT1 RuleD2,Sec.7?). may have the same attached,tp;Or rrieele ilart'bf4iiiaeporaltithe evidence excluded is
Note: A protestor objection against the admission of any eviqyce-TVst be made at the oral, the offeror may state:forihe record the same and o(iier personal , circumstances of
,3 1.4,
proper time, and-if4Joet so niaderit-will-ber-understooll to hay,e-ibee waived (Mactan the witness and the substance of the-proposed testimony IRU,LES OF COURT, Rule
,.- Ill i t,z -
Cebu Internet' ila Wiport Au coritxvy,CAligRehlg: 12g 506, Otctobdr 0, 1996). This is 132, Sec. 40). '4 ',, ''. M ,r• i
true even if b Oture th evidence islj iiia,dmissible and opal l ave surely been Note: This is otherwise "offer of. proof." It is a disclosure of the evidence the
rejected if it h de ens challeoged art11-0-113tiOrgime (fiiit5Taci c Trangit, Inc. v. Aviles, offering party wish s to •ItifrOduce in thOace of rejection to the admission of said
G:R. No. 86062, J 6, 19 90), o n s fo the bjections must be evidence. In case of ai-1,90eal, the appellate, court may p6 able to examine said exhibits
specified (RULE$„, 13 RnRule 13 , sdono. and to judge V'fiethewiratheirvjections errone439..?.....„ ,T...;111,E
, gRERA,, Remedial Law,
supra at 342). ..3v-
air) A
-:,:, -”....7, !..-,.:,
\ k
Q. When should4he objectiori-topeum,enigry,,evigdence e ?
ANS: Objection tot,the doeuzneripl.,Z eit e.. rbe ade at/he time it is formally H. 'JUDICIAL AFFIDAVIT-RC/1E 64.1q. NO:12-8-8-SO
offered, not earlier. The identkatiacolltaNdikment efore tb. it ismarked as an exhibit Judicial Affidavit RulerA,MiNo. 12-8-84S-
does not constitute the4erm,,iffelfer.,4;inh-e-d6F,r±t:w -a evidence for the party presenting
it. Objection to the identificaliqr d—m?I'Vng ;:gtfrnent is not equivalent to Scope and where applicable
objection to the documenfUezi forrrA9 evidence. What really matters is
the objection to the document arthe.,WWpsrnall offered as an exhibit (Interpacific Q: What is the scope andieRPlicability of the Judicial Affidavit Rule?
Transit, Inc. v. Aviles, G.R. No. 86062, June 6, 1990). ANS: The rule shall apPVfoall actions, proceedings, and incidents requiring the
reception of evidence before:
Repetition of an objection 1. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the
Q: When may a continuing objection be made? Municipal Trial Courts, the Municipal Circuit Trial Courts, and the Shari'a
ANS: When it becomes reasonably apparent in the course of the examination of a Circuit Courts but shall not apply to small claims cases under A.M. 08-8-7-SC;
2. The Regional Trial Courts and the Sharra District Courts;
witness that the questions being propounded are of the same class as those to which
3. The Sandiganbayan, the Court of Tax Appeals, the CA, and the Sharra
objection has been made, whether such objection was sustained or overruled, it shall
not be necessary to repeat the objection, it being sufficient for the adverse party to Appellate Courts;
4. The investigating officers and bodies authorized by the Supreme Court to
record his continuing objection to such class of questions (RULES OF COURT, Rule
receive evidence, including the Integrated Bar of the Philippines; and
132, Sec. 37). 5. The special courts and quasi-judicial bodies, whose rules of procedure are
Ruling subject to disapproval of the Supreme Court, insofar as their existing rules of
procedure contravene the provisions of this Rule (A.M. No. 12-8-8-SC, Sec. 1,
Q: When should the court rule on the objection raised? par. (a)).
ANS: The ruling of the court must be given immediately after the objection is made. The
court may however take a reasonable time to study the questions raised by the
objection, but a ruling should always be made during the trial and at such time as will
give the party against whom it is made an opportunity to meet the situation presented by
the ruling.
684 685
Contents and Procedure Q: What is the remedy of a requesting party if the witness or government
employee unjustifiably refuses without just cause to make the relevant books,
Q: Outline the procedure under the Judicial Affidavit Rule. documents, or other things under his control available for copying,
ANS: The procedure is as follows: authentication, and eventual production in court?
1. The parties shall file with the court and serve on the adverse party, personally ANS: If the government employee or official, or the requested witness, who is neither
or by licensed courier service, not later than 5 days before pre-trial or the witness of the adverse party nor a hostile witness, unjustifiably refuses without just
preliminary conference or the scheduled hearing with respect to motions and cause to make the relevant books, documents, or other things under his control
incidents; the following: available for copying, authentication, and eventual production in court, the requesting
a. The judicial affidavits of their witnesses, which shall take the place of party may avail himself of the issuance of a subpoena duces tecum under Rule 21 of the
such witnesses' direct testimonies; and Rules of Court (A.M. No. 12-8-8-SC, Sec. 5).
b. The parties' documentary or object evidence, if any.
2. Should a party or a witness desire to keep the original document or object Application to criminolactions
evidence in his possession, he may, after the same has been identified,
marked as exhibit, and authenticated, warrant in his judicial affidavit that the Q: In what instances does the Judicial Affidavit Rule apply in criminal actions?
copy or reproduction attached to such affidavit is a faithful copy or ANS: This rule shall apply to all criminal actions:
reproduction of that original. 1. Where the maximum of the imposable penalty does not exceed 6 years;
3. In addition, the partyltii”NI, brin4 the original document or object 2. Where the accused agrees to, the use of judicial affidavits, irrespective of the
evidence for comparlsw durirg tt)e pelltrufaryi ponference with the attached penalty involved; or" A • .• ..
,t,
copy, reproducttern.q,orlpicturea‘;.-failingl.which thelatter shall not be admitted 3. With respect to the civit.apRectcfcthe actions, whatever the penalties involved
(A.M. No. 12,e8,-81SC)S,e092). (A.M. No. 12-8-8-SC, Se,0.1. 9);•4;'' '
Note: Thisfis4itg' js_fice49inttoductici of sepon ary evidence in place
utojDrejt
of originarprallovyeny the ecisting7t1fas‘ Q: State the procedure for the_app)icatiojtaktrelJuclicial*ffidavit Rule to criminal
actions. ,,.-;-,.. pr,:i.---',4t*P<A, -- - -4- •
.. y.- /.'.,
4. The p5i-rtyNp 'Atli-1g the Judi vial, aglavit of his wi ness in place of direct
testimony shall staite the purpose of such onrat the start of the ANS: The procedure is as follows ,,. 'i •R •,
t 1. The prosecutjOri shall subraVIV judicial affidavits ;)ofOts witnesses not later
preseptatidpiif thewitness
5. The adves9 party mayviTtONM to disqualify he witrrss-Oiito strike out his than 5 days tiefor,e.the, pre-trial, ',Riving copies of theispipe upon the accused.
it on ground of inadmissibility. The 2. The complainan(:dr".public prcOcutor shall attaCp toff the affidavits such
affidrIvit or any of t e answer's f
cou skasLplomptlytivle on the motion and, irpra9ted sh t--a
li t: use the marking
ca documentary or object "evidRrice[as he may hav,e, marking, them as Exhibits A,
of ary evAded ..artsrr-bytpl•keing-it-in-ibratketsnder u_ kthe initials of an B, Olps.0 so orktlo further judiqq affidavit, 1 ciCcumentary4or object evidence
autho'ileEl ourt pR,rs
\ '13nnel, without ptajudicegoia to deFrof excluded evidence shaltibb ad mittestiR1 the'trial. k:.,,*
12-8-8-SC, Sec. 3. If theaccused•Asires to.* he‘ l-4 on his defertgqf,Aftagikeipt of the judicial
under Section 0 of.;10`0 hei14. (017,g0Urt (A.M.
affidavits. .9f:theq0secution, heAShall have the option to submit his judicial
6),
6. The adveise party sk to the witness on his affidavit as well as those?Of his3zivitnesses to the court within 10 days from
judicial affidavit and, Pt‘ a 9bef to theAame. The party who receipt of such affidavits and serve a. each on the public and private
presents thewitnRsblAyva so exafrifie..hinlas o e direct. prosecutor, hiCludind his :dop,urreitOi;Xid'abject evidence. These affidavits
7. In every caseNtr--caittishall ake octi,ttEart examining the witness to shall serve ak:Clirect testimonies trth-e-aagatt and his witnesses when they
determine his credibility as wel thit‘rut o is testimony and to elicit the appear before;the court to testify (A.M. No. 12-8-8-SC, Sec. 9).
answers that it needar'resolvinglheAss es (A.M. No. 12-8-8-SC, Sec. 7).
Effectofnon-compliance
8. Upon the termination of the testimony of his last witness, a party shall
immediately make an oral offer of evidence of his documentary or object Q: What is the effect if a party fails to submit the required affidavits and exhibits
exhibits, piece by piece, in their chronological order, stating the purpose or on time?
purposes for which he offers the particular exhibit. ANS: They shall be deemed to have waived their submission. The court may, however,
9. After each piece of exhibit is offered, the adverse party shall state the legal allow only once the late submission of the same provided:
ground for his objection, if any, to its admission, and the court shall 1. The delay is for a valid reason;
immediately make its ruling respecting that exhibit (A.M. No. 12-8-8-SC, Sec. 2. Would not unduly prejudice the opposing party; and
8). 3. That public or private counsel responsible for their preparation and submission
pays a fine of not less than P1,000 nor more than P5,000 (A.M. No. 12-8-8-
Q: What is the remedy of a requesting party if the witness or government SC, Sec. 10).
employee unjustifiably declines to execute a judicial affidavit?
ANS: If the government employee or official, or the requested witness, who is neither Q: State the effect if a witness or counsel fails to appear at the scheduled hearing
the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a of the case as required.
judicial affidavit without just cause, the requesting party may avail himself of the ANS: The court shall not consider the affidavit of the witness who fails to appear at the
issuance of a subpoena ad testificandum under Rule 21 of the Rules of Court (A.M. No. scheduled hearing. Counsel who fails to appear without valid cause despite notice shall
12-8-8-SC, Sec. 5). be deemed to have waived his client's right to confront by cross-examination the
witnesses there present (A.M. No. 12-8-8-SC, Sec. 10).

686 687
 1.,7•NiN
::041

Q: What is the effect if the judicial affidavits do not conform to the requirements 3. The witnesses' interest or want of interest, and also their personal credibility so
of Sections 3 and 4 of the Judicial Affidavit Rule? far as the same may ultimately appear in the trial;
ANS: General Rule: The court shall not admit as evidence judicial affidavits that do not 4. The number of witnesses, although it does not mean that preponderance is
conform to the content requirements of Section 3 and the attestation requirement of necessarily with the greater number (RULES OF COURT, Rule 133, Sec. 1).
Section 4.
Exception: The court may, however, allow only once the subsequent submission of the Substantla/Evldence
compliant replacement affidavits before the hearing or trial provided:
1. The delay is for a valid reason; and Q: Define substantial evidence.
2. Would not unduly prejudice the opposing party; and ANS: It means such relevant evidence as a reasonable mind might accept as adequate
3. That public or private counsel responsible for their preparation and submission to support a conclusion, even if other minds equally reasonable might conceivably opine
pays a fine of not less than P1,000 nor more than P5,000, at the discretion of otherwise (Miro v. Mendoza, G.R. No. 172532, November 20, 2013).
the court (A.M. No. 12-8-8-SC, Sec. 10).
Clear and Convincing Evidence
Effect on otherrules Q: What is meant by clear and convincing evidence?
Q: State the effect of the Judicial Affidavit Rule on existing rules. ANS: Clear and convincing evidence is the degree of proof less than proof beyond
ANS: The provisions of the Rules'Tf;equ andAie rules of procedure governing reasonable doubt but greater than,poponderance of evidence. The degree of
investigating officers andkodies authorize b pp SulfireTe Court to receive evidence believability is higher than that of a,n9:9
Hriary civil case (Tankeh v. Development Bank of
are repealed or modifigeinso,fa as these_are pcgnsi#ten4tith the provisions of the the Philippines, G.R. No. 171428, .Novem-der 11, 2013).
Rule. The rules of pr9c,edaredov rning quasi-Adidi I bodies inconsistent with the Rule
are disapproved (A. ' .AN 18-SC earrri..1) Q: What is the standard of proofritredln granting or denying bail in extradition
proceedings?
Q: How does he)J7idicial AffidRit affect the'
RuleYffect es o‘ examination of ANS: An extradition proceeding" beii-ig;ski,ten&nsaiggeteJnliard of proof required in
a / b {1 granting or denying bay,,capneither be the proof beyond reasonable doubt in criminal
witness? 1
ANS: Under tle-,151ipial A davit.-RuldiLj*Icial-affida its of Witnesses shall take the cases nor the standarcjyOf proof ofaponderance of evidknsc,e in civil cases. While
place of their dper.1”timonies (Sepr2)4,111V evhe dverse all have the right administrative in chare,Iter4the standard of evi511
errused in administrative
to cross-exams e the witness n higjOiCiel amcfavit 7c1 on th s attached to the cases cannot likewisejapptylgiven the object of extradition I, which is to prevent the
same. The pa o presenti? the witri&es.r
riiW also e airi.j9e h on tdirect. The court prospective extrAditeIromgfleeing our jurisdiction. The sfanderd should be lower than
shall take acti p patp e)ternAiQg-the-wit-reet-to-deter i e hi 'bility as well as the proof beyondArkeonablexpoubt but higher preponderance of 'evidence. Thus, the
truth of his teslith nyiane icit th % sr-e-"- tha i9 eed d esolving the issues potential extrgiernpsilpigy,e byhear , aVilconvincinigyjappeo,WpIpe is not a flight
(A.M. No. 12-8-8‘-SC, Sec. 7 • ,:r- ' risk and will abide with allVordetslard processes ofilikUreBitieniieourt (Government
of Hongkong SpeciallAelin „ihistrativ4'4RegS" -4
Olalia, Jr, G: . . 153675, April 19,
I. WEIGHTAND SbrCIENCY 0 EVI
2007).
*N.„,, ' ) R
ErgolkgyondReaso able Doub 1 EN . 1W
J. RULES ON ELECTRONICEVIDENCE 6417.NO.',0.1j7-01-SC)
N. -e" ---cc\
Q: What is meant by "prntbar lid reksonOlKyvbt?" Rules on Electronic Evidence (AIM No. 01-7-01-SC)
ANS: This quantum of evidence,,addressAlletrielprosecution in criminal cases. It does '1
not mean such degree of proof7atrexcluding.r&isibility of error, produces absolute Q: What is an electronib4evidence?
certainty. Only moral certainty is required, or that degree of proof which produces ANS: It refers to informatiaMihe representation of information, data, figures, symbols
conviction in an unprejudiced mind (RULES OF COURT, Rule 133, Sec. 2). or other modes of written expression, described or however represented, by which a
right is established or an obligation extinguished, or by which a fact may be proved and
Preponderance ofEvidence affirmed, which is received, recorded, transmitted, stored, processed, retrieved or
produced electronically. It includes digitally signed documents and any printout or
Q: What is meant by preponderance of evidence?
ANS: The quantum of evidence applicable to civil cases. It means that the evidence
output, readable by sight or other means, which accurately reflects the electronic data
message or electronic document (A.M No. 01-7-01-SC, Rule 2, Section 1(h)).
fte.
adduced by one side is, as a whole, superior to or has greater weight than that of the
other (BPI v. Reyes, G.R. No. 157177, February 11, 2008). Q: What is an ephemeral electronic communication?
ANS: Ephemeral electronic communication refers to telephone conversations, text
Q: What are the factors which the court may consider in determining whether or messages, chat room sessions, streaming audio, streaming video and other electronic
not there is preponderance of evidence? forms of communication, the evidence of which is not recorded or retained (A.M No. 01-
ANS: In determining whether or not there is preponderance of evidence, the court may 7-01-SC, Rule 2, Section 1(k)).
consider the following:
1. All the facts and circumstances of the case; Q: What are the requisites for admissibility of electronic evidence?
2. The witnesses' manner of testifying, their intelligence, their means and ANS: An electronic evidence is admissible if it complies with the rules on admissibility
opportunity of knowing the facts to which they are testifying, the nature of the prescribed by the Rules of Court and related laws and is authenticated in the manner
facts to which they testify, the probability or improbability of their testimony; prescribed by the Rules on Electronic Evidence (A.M No. 01-7-01-SC, Rule 3, Sec. 6).

688 689
 Q: How are private electronic documents authenticated? Q: What is the indispensable element of the writ of amparo?
ANS: Before any private electronic document offered as authentic is received in ANS: For the protective writ of amparo to issue, allegation and proof that the persons
evidence, its authenticity must be proved by any of the following means: subject thereof are missing are not enough. It must also be shown and proved by
1. By evidence that it had been digitally signed by the person purported to have substantial evidence that the disappearance was carried out by, or with the
signed the same; authorization, support or acquiescence of, the State or a political organization, followed
2. By evidence that other appropriate security procedures or devices as may be by a refusal to acknowledge the same or give information on the fate or whereabouts of
authorized by the Supreme Court or by law for authentication of electronic said missing persons, with the intention of removing them from the protection of the law
documents were applied to the document; or for a prolonged period of time. Simply put, the petitioner in an amparo case has the
3. By other evidence showing its integrity and reliability to the satisfaction of the burden of proving by substantial evidence the indispensable element of government
judge (A.M No. 01-7-01-SC, Rule 5, Sec. 2). participation (Navia v. Pardico, G.R. No. 184467, June 19, 2012).'
Note: The burden of proving authenticity of an electronic document lies with the person
seeking to introduce such document in any legal proceeding (A.M No. 01-7-01-SC, Rule Q: What does the writ of amparo cover?
5, Section 1). ANS: It covers the following:
1. Extralegal killings — killings committed without due process of law, i.e.,
Q: What is the method of proof? without legal safeguards or judicial proceedings (Secretary of National
ANS: All matters relating to the admissibility and evidentiary weight of electronic Defense v. Manalo, G.R. No. 180906, October 7, 2008); and
document may be establishekbraflida/it s,tatiNkfa_cts of direct personal knowledge 2. Enforced DisappearancesAricterized as an: (AGRI)
of the affiant or based opoautheAo regoijs.Ad affid9k, must affirmatively show the a. Arrest, detention ppaiSdkictipn of a person;
competence of the affipnit6Testify otiothe,mattersiccfntaln d therein. The affiant shall be b. By a Governing officer; organized groups or private individuals acting
made to affirm the c9r4er,iteVihelffidavit in open dou 4tirKbe cross-examined as with direct or indireAoqqiescence of the government;
a matter of right by4the'lyejse arty -Zz P- Rule 9 Section 1). c. Refusal of the st4teltptiAlk„sel:tpe fate ormtiereabouts of the person
concerned or refusaittqtacfmOcw' leVgeTth‘flativation of liberty; and
10) i d. The intent$ofivhich islo[place such Perscifislputside the protection of
Q: Is an origin9I prihtrt of a facsimile' ransmission
. ary ectrosic data message
i or electronic ocument? law (Neliia- v. Pardico;.G.R. No. 184467, June09, 2012).
# 1 1( '
ANS: No. The eiiirs'lelectropic data message' and '41ectroil,c docuTent," as defined 1111„
under the Eleq, rthliegommerpe AdOir,20199;Afixeft include a acsirQilie transmission. It Differences between Ain ii;aro and Search Warrant ?
is not the funotional4equivalen of arcOriginalipnder thlie Best viden'c Rule and is not Q: Distinguish between Itirrieofamparo and a search warrant t.
admissible asIelgetr,oliic ev Oence. fliii_-26.onstructio cob the term "electronic data ANS: The writierampara-May be distinguished from a search warrant as follows:
I ^ .-1 II ,
message," whin.enItide ele mee cl-e,xce t co puter-geneiated faxes, is in Wz:0 Wif41,
harmony with tHeElettronic Co ercela rs,19pu n apestess"`69mmunications and Writ of Amparo • Search Warrant
the "functional equivalent apk)aciliet it esp,o".,,isyFacsimile transmissions are not,
in this sense, "pakerless,"ut ve01.ar-e‘twertbaser(MCMndust I Sales Corporation As to purpose
v. Ssangyong Corporation, GR. No,S9--70633-*ob_er 1712007). •-=4
\ i.1.t.1,4-1..}.---- .„-. Protective: To protect a person's right riminal Prosecution: To discover and
to life, liberty or security, ..seizeTersopal„property in furtherance of
Q: Are photocopies elestronis.Ao?cuments?-‘ -‘‘ i criminal prosecution.
ANS: No. It is erroneous Tokefity sincettMlap,,e1-130 outs were produced through
an electronic process, then theseahotodNielectronic documents. By no stretch . As to where filed'
of the imagination can a persor'e'siglieture affixed manually be considered as
information electronically received, recorded, transmitted, stored, processed, retrieved SC, CA, Sandiganbayan or RTC where RTC or MTC within whose territorial
or produced (National Power Corporation v. Judge Codilla, G.R. No. 170491, April 4, threat or act committed (A.M. No. 07-9- jurisdiction/ judicial region a crime was
2007). 12-SC, Sec. 3).•
committed (RULES OF COURT, Rule
126, Sec. 2).
As to person initiating
Private or public person. Peace officer or law enforcement agency
Coverage only.
Q: What is the writ of amparo? As to seizure of personally
ANS: The writ of amparo is a remedy available to any person whose right to life, liberty
and security has been violated or is threatened with violation by an unlawful act or Under the Inspection and Production Personal property is seized (RULES OF
omission of a public official or employee or of a private individual or entity. The writ Orders, personalty is not seized but is COURT, Rule 126, Sec. 3).
covers extralegal killings and enforced disappearances or threats thereof (A.M. No. 07- merely inspected or copied (A.M. No.
9-12-SC, Sec. 1). 07-9-12-SC, Sec. 14(b)).

2 RIGUERA, Remedial Law, supra at 155).

691
690
 Who may File Omnibus WaiverRule
Q: Who may file a petition for the issuance of a writ of amparo? Q: What is the omnibus waiver rule?
ANS: The petition may be filed by the aggrieved party or by any qualified person or ANS: It refers to the rule that all defenses shall be raised in the return, otherwise, they
entity in the following order: shall be deemed waived (A.M. No. 07-9-12-SC, Sec. 10).
1. Any member of the immediate family, namely: the spouse, children, and
parents of the aggrieved party; or Procedure forHearing
2. Any ascendant, descendant or collateral relative of the aggrieved party within Q: What is the nature of the hearing?
the fourth civil degree of consanguinity or affinity, in default of those in the ANS: The hearing on the petition shall be summary. However, the court, justice or judge
preceding paragraph; or may call for a preliminary conference to simplify the issues and determine the possibility
3. Any concerned citizen, organization, association or institution, if there is no of obtaining stipulations and admissions from the parties (A.M. No. 07-9-12-SC, Sec.
known member of the immediate family or relative of the aggrieved party (A.M. 13).
No. 07-9-12-SC, Sec. 2).
Note: The filing of a petition by the aggrieved party suspends the right of all other Q: How long shall the hearing last?
authorized parties to file similar petitions. Likewise, the filing of the petition by an ANS: The hearing shall be from day to day until completed and shall be given the same
authorized party on behalf of the aggrieved party suspends the right of all others, priority as petitions for habeas corpus (A.M. No. 07-9-12-SC, Sec. 13).
observing the order established erei 9-12-SC, Sec. 2).
Institution ofSeparateAction
Contents of Return 4,1
Q: May a separate action be fited 'eveni.after a petition for a writ of amparo has
been filed?
Q: What are the contents of-thel•ehirn&awrifaf,akpas
ANS: Within 5 worpng §slt r..serVIEFOrtrib-writ tha,lespondent shall file a verified ANS: Yes. The petition for a wri'$0-1of, amparo shall not preclude the filing of separate
written return togat Hsu porting5affigavitrhich shalt anieg ether things, contain
criminal, civil or administrative actions,444 oriaZzg4:127,SC; ec. 21).
the following: :,11:-5-” . ; a
Effect ofFilinsr of a CriMinalAction '
1. Lawfu efer to ishow that ,tfie':.-Tesponden ' did nyPate or threaten with ff, ,
violation 'e right to life, It t)erty Af'd
and security of theta9ggield party, through Q: What is the effect la Ahe filinwof a criminal action 1:,6 ,the action for a writ of
any act crotrissionA \-.37../, illil! / --Or amparo? .ol, .g.'".,,,:fif
2. The steRs4 pr actions takeil;b:17 ,e-lrespopdent to 'detel jr ine the fate or ,•rN.has 1
ANS: When a OM nal act on been commenced, no separate petition for the writ -"atiz4
wheriabouts4 ofTk Agrieved' a 5nd the pRon or perso s responsible for shall be filedAreliefsprider the w?ifIshFallibe availabliby motion in the criminal case.
the thlepn% or trpssipn; .ift ("-;/ The procedureI,;undeillhis,ute shall goverVthe dispoaitiomottpe7roliefyavailable under
3. All rekfanYin ormi8/Q4,..the the-sssegSio Lille repponderft pertaining to the the writ of amparo (A.M (A./Sztor07-9-‘1,2SC, qg44. 22). -'
threat,vact or o issiolgainStithe d'O'ii‘ pertyy•and 4
..' '
Consolidation t ,.,' ,•10
T iztv A:•
.4. If the rgs onden is a ubkIffipia1 l 06 tri lbyeejthe ret rn shall further state
the actio s that have b4chir ILIVI 1:te\ta e,9„;, , Q: May a petition for writ of amparo be consolidated with a criminal action?
a. To verify thy-i 'ertiitSrofhhe-aggriKed part, N,, ANS: Yes. When acriminal criMihalIction•
b. To recover -Thtireserve,""adaRce related to the death or 1%, -iscfiladaaiqtiAtirtoilthe
,,,,,,,
.....,- filing of a petition for the
ni.,,,t.41:.,,......:t.,1,$, f
,,, 41„, writ, the latter shall be consolidataa'Vvith the criminal action. When a criminal action and
disappeara Ilich Ittayi aid inlethe prosecution of the person/s a separate civil action Sie.,filegsilbsequent to a petition for a writ of amparo, the latter
responsible; ra
shall be consolidated withiticriminal action. After consolidation, the procedure under
c. To identify witnesses a dtib ain statements from them concerning the this Rule shall continue to apply to the disposition of the reliefs in the petition (A.M. No.
death or disappearance; 07-9-12-SC, Sec. 23). •
d. To determine the cause, manner, location and time of death or
disappearance as well as any pattern or practice that may have Interim Reliefs Available to Petitioner and Respondent
brought about the death or disappearance;
e. To identify and apprehend the person/s involved in the death or Q: State the interim reliefs available to a petitioner in a petition for a writ of
amparo.
disappearance; and
ANS: They are the following: (TIP-Wi)
f. To bring the suspected offenders before the competent court; and 1. Temporary Protection Order — The court, justice sce or judge, upon motion or
5. Other matters relevant to the investigation, its resolution and prosecution of
motu proprio, may order that the petitioner or the aggrieved party and any
the case (A.M. No. 07-9-12-SC, Sec. 9). of
member of the immediate family be protected in agovernment agency or by
Vlote., P. general Oeiai of the allegations in the petition sha\\ not be aiimed (A.M. No. an accredited person or private institution capable keeping and securing
:1 01-9-12-SC, Sec. 9). their safety. if the petitioner is an organization, association or institution, the
protection may be extended to the officers involved;
Effects of the Failure to File a Return Ve. 2, Inspect= Order -The court, justice or judge, upon verified motion and after
due hearing, may order any person in possession or control of a designated
0:.1‘rnat z‘a the tourt 1 kn case %% ox deztka:As to kAz z d or other property, to permit entry for the purpose of inspecting,
M.. The court, justice or judge shall proceed to hear the petition ex parte A. \an
measuring, surveying, or photographing the property or any relevant object or
07-9-12-SC, Sec. 12).
vivagNm%eNetz,
692 693
 3. Production Order -The court, justice or judge, upon verified motion and after AyallabNty of Writ
due hearing, may order any person in possession, custody or control of any
designated documents, papers, books, accounts, letters, photographs, objects Q: When is the writ of habeas data available?
or tangible things, or objects in digitized or electronic form, which constitute or ANS: The remedy is available to any person whose right to privacy in life, liberty or
contain evidence relevant to the petition or the return, to produce and permit security is violated or threatened by an unlawful act or omission of a public official or
their inspection, copying or photographing by or on behalf of the movant; and employee, or of a private individual or entity engaged in the gathering, collecting or
4. Witness Protection Order- The court, justice' or judge, upon motion or motu storing of data or information regarding the person, family, home and correspondence of
proprio, may refer the witnesses to the DOJ for admission to the Witness the aggrieved party (A. M. No. 08-1-16-SC, Sec. 1).
Protection, Security and Benefit Program, pursuant to R.A No. 6981(A.M. No.
07-9-12-SC Sec. 14). Who may File
Q: Who may file a petition for writ of habeas data?
Q: What interim reliefs are available to a respondent? ANS: Any aggrieved party may file a petition for the writ of habeas data. However, in
ANS: Upon verified motion of the respondent and after due hearing, the court, justice or cases of extralegal killings and enforced disappearances, the petition may be filed by:
judge may issue an inspection order or production order. A motion for inspection order 1. Any member of the immediate family of the aggrieved party, namely, the
shall be supported by affidavits or testimonies of witnesses having personal knowledge spouse, children, and parents; or
of the defenses of the respondent (A. .No...07- -12-SC, Sec. 15). 2. Any ascendant, descendant orAllateral relative of the aggrieved party within
1
Quantum of Proof in ApplicatiA for Issuance o Writ mparo
the fourth civil degree of consanguinity or affinity, in default of those mentioned
in the preceding paragrapqA4yo. 08-1-16-SC, Sec. 2).
Q: What is the qu nu
m I :I-
um o evidence neats ry tor the issuance of a writ of
amparo? Contents of the Petition
ANS: The parties estilablish°1eir
r---iRFatantial
clair ,„, i (A.M. No. 07-9-12-
e_..
vidence Q: State the contents of a petition tor:IVIitjofkiiabeRs,:otal
SC, Sec. 17). 1' .11cL, 2e'l, \ vr ‘ ANS: A verified written petpriffor haboeqata shoillEFOOnthin5the following: (PMALRO)
.:, ,.. 1. Personal circumstances of tilkpVitioner and respondent;
Q: What degrewofiligencrtmust-the4.e:Oondent-prve? (-P 2. The Manner'the right of priV§dy,i4 violated or threalted and how it affects the
ANS: The res0_0_ep , who 11 a Kimate individ,9,1' orjentity tnustsprove that ordinary right to life, liliktyjOr.sgcurity of the aggrieved party; I
diligence as require by appiicable'laqielikrilles;and cegulatiopsAls1 observed in the 3. Actions and"'repoOrses taken the petitioner Ito `lsecure the data or
r
performance q ,9fficial !Or emRloyeemust prove
. heerelppnderl VijitileTa' publi91 information;
that ,extraordinary Agenee•oeVequired45y--tp -p Hee* '14A, rules a d regulations was 4. Logatiop, of thAlles, registers qralatabases_4th government office, and the
observed in the‘otirfo and ols ty (ATM. yvoyoz,94 ,t.e, sdb. I pe4p'in chirgelp possession controFof ;TheWall, fli:r6Wn;
..
Q: Does the Pre‘umptiok of megutlrity apply "••,//
5. Reliefsprayedz,fprkwhichltiay Nude updatirigYA-eaificafron, suppression or
destructioMhe'qatabaseibr information or files kept by the respondent; and
ANS: No. By express prosio*Ibes-140.2o-ne dent ublio official nor employee cannot 6. Other relevant relief0as are just pd equitable (A. M. No. 08-1-16-SC, Sec. 6).
invoke the presurnIation that\affial-ilbly\Tica_, eerer gularl performed to evade
11.,&707.A.
responsibility or liabilb • A., -12ecer-). Contents of the Return4i1
0(a Q: What shall the retur0 of the respondent contain?
ANS: The return shall, arri3Ongfither things, contain the following: (D-CDAC-0)
1. The lawful Defehset such as national security, state secrets, privileged
communication, confidentiality of the source of information of media and
Q: What is a writ of habeas data? others;
ANS: The writ of habeas data is a remedy available to any person whose right to 2. In case of respondent in Charge, in possession or in control of the data or
privacy in life, liberty, or security is violated or threatened by an unlawful act or omission information subject of the petition:
of a public official or employee, or of a private individual or entity engaged in the a. A Disclosure of the data or information about the petitioner, the nature
gathering, collecting, or storing of data or information regarding the person, family, home of such data or information, and the purpose for its collection;
and correspondence of the aggrieved party (A. M. No. 08-1-16-SC, Sec. 1). b. The steps or Actions taken by the respondent to ensure the security
and confidentiality of the data or information;
Scope of Writ c. The Currency and accuracy of the data or information held; and
Q: What is the scope of the writ of habeas data? 3. Other allegations relevant to the resolution of the proceeding. A general denial
ANS: The writ covers instances when a person's right to privacy in life, liberty or security of the allegations in the petition shall not be allowed (A. M. No. 08-1-16-
is violated or threatened by an unlawful act or omission of a public official or employee, SC, Sec. 10).
or of a private individual or entity engaged in the gathering, collecting or storing of data
or information regarding the person, family, home and correspondence of the aggrieved
party (A. M. No. OS-1-16-SC, Sec. 11. may cases of Tkkvaz9t \<%%vact,
m\z‘mkk fte$Wwavamm V\ • \\I\ • No • MA "VYM,%%z • .1.) •

rr`e
 (--6•,,,Tc.-)11 24'g4te..01;• iyili•
)
• P.
• 4 vvA.••,,--,•,:qi,ix,

Instances when the Petition may be Heard in Chambers Q: When may a TEPO be issued?
ANS: If it appears from the verified complaint with a prayer for the issuance of an
Q: Are there instances where a petition for habeas data may be heard in Environmental Protection Order (EPO) that the matter is of extreme urgency and the
chambers? Explain. applicant will suffer grave injustice and irreparable injury, the executive judge of the
ANS: Yes. A hearing in chambers may be conducted where the respondent invokes the multiple-sala court before raffle or the presiding judge of a single-sala court as the case
defense that the release of the data or information in question shall compromise national may be, may issue ex parte a TEPO effective for only seventy-two (72) hours from date
security or state secrets, or when the data or information cannot be divulged to the of the receipt of the TEPO by the party or person enjoined. Within said period, the court
public due to its nature or privileged character (A. M. No. 08-1-16-SC, Sec. 12). where the case is assigned, shall conduct a summary hearing to determine whether the
TEPO may be extended until the termination of the case. The court where the case is
Consolidation assigned, shall periodically monitor the existence of acts that are the subject matter of
Q: When may a petition for habeas data be consolidated with a criminal action? the TEPO even if issued by the executive judge, and may lift the same at any time as
ANS: When a criminal action is filed subsequent to the filing of a petition for the writ, the circumstances may warrant. The applicant shall be exempted from the posting of a bond
latter shall be consolidated with the criminal action. When a criminal action and a for the issuance of a TEPO (A.M. No. 09-6-8-SC, Rule 2, Sec. 8).
separate civil action are filed subsequent to a petition for a writ of habeas data, the
Q: When may a TEPO be dissolved?
petition shall be consolidated with the criminal action. After the consolidation, the
ANS: The TEPO may be dissolved if „Nappears after hearing that its issuance or
procedure under the Rule on the Jit=of=Ha eas Data shall continue to govern the
continuance would cause irreparable:0-90e to the party or person enjoined while the
disposition of the reliefs in the,pettion ( M 08-P46-SC, Sec. 21).
applicant may be fully compensate0i,.s_lich damages as he may suffer and subject to
1V the posting of a sufficient bond by:41404:3pr person joined (A.M. No. 09-6-8-SC, Rule
Effect of Filing a Crimilfa/(47tion %1)
2, Sec. 9).
Q: What is the e di lfiling„sit.a-crimi al act on\4>
.kii:)ki
ci.e 1 the petition for writ of
Q: May a Temporary EnvirontnefitellPittedtio&Order.berooriverted to a permanent
habeas data? -zv,
\\
ANS: When a criminal echo has beenAmmnced, no sepprate eetition for the writ
shall be filed. The relief Linde the writ shall be availabl to an a5ri?vpd party by motion
Environmental Protection Order?
•
'1' ',VtiVf
ANS: Yes. In the judggient; the courthriqy convert the TERDAo a permanent EPO or
in the criminal rase-Cei M. N 08-146- 66,2,2). issue a writ of continuing mandamuiraireging the performfince4of acts which shall be
6 .-;•
effective until the judmentAs fl.illy'latis-qd. The court mays by itself or through the
Institution of a Separate Action appropriate government agetiqy, monitor toR execution ofilthe[judgment and require the
party concernedko submit vstritten report§ rbn a quarterly baps orisooner as may be
Q: May a se pratei rirrqn civil ok:-'''itiniinistrati filed aside from a o;,4
necessary, detaining t progress of the execution and satisfaction of the judgment. The
petition for thee rrytha septa? p I fscli other party Ay' , arits'Option, submit its comment SrZiiIi0a4it lofil:Tihe execution of
lir
ANS: The ftlin • of'a p titiotkkhe vat° Jbakbas shap not pr elude the filing of the judgment (AM. No.i09760-SCrlie 5Vec. 3). at
separate crimina /civil o dm • 16tia ivre--ac iont- o. 0 -1-16-S Sec. 20).
B. WRIT OF CONTINOING MANDAMUS
Quantum of Proof:in Application kr-lssuance;of. ritof Habeas Data in kz4.
Q: What is a writ of Continuing Mandamus
Q: What is the burd\ --
en of pro-of qe. deacarlhe,iScaechot/writ of habeas data? ANS: It is a writ issued a courtiinan'environmental case'commanding any agency or
.
ANS: The parties shall establikrylff
, eir clenp lly‘sa ,tantial evidence (A. M. No. 08-1- instrumentality of the goyernmqaor officer thereof to do an act or series of acts decreed
16-SC, Sec. 16). by final judgment which shallzemain effective until judgement is fully satisfied (A.M. No.
09-6-8-SC, Rule 1, Sec. 4, Par'(c)).
Q: What are the grounds for continuing mandamus?
ANS: The following are the grounds for continuing mandamus:
1. When any agency or instrumentality of the government or officer thereof
unlawfully neglects the performance of an act which the law specifically
Q: What is the scope'of application of this rule? enjoins as a duty resulting from an office, trust or station in connection with the
ANS: These Rules shall govern the procedure in civil, criminal and special civil actions enforcement or violation of an environmental law rule or regulation or a right
before RTCs, MeTCs, MTCCs, MTCs, and MCTCs involving enforcement or violations therein; or
of environmental and other related laws, rules and regulations. 2. When any agency or instrumentality of the government or officer thereof
unlawfully excludes another from the use or enjoyment of such right and there
A. TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO) is no other plain, speedy and adequate remedy in the ordinary course of law
Q: What is a Temporary Environmental Protection Order (TEPO)? (A.M. No. 09-6-8-SC, Rule 8, Sec. 1).
ANS: It refers to an order issued by the court directing or enjoining any person or
Q: Who may file a petition for writ of continuing mandamus?
government agency to perform or desist from performing an act in order to protect,
ANS: Any person who is personally aggrieved by the unlawful act or omission may file a
preserve or rehabilitate the environment (A.M. No. 09-6-8-SC, Rule 1, Sec. 4 (D)).
verified petition for writ of continuing mandamus (A.M. No. 09-6-8-SC, Rule 8, Sec. 1).

696 697
 Q: Where should one file for a petition for writ of continuing mandamus?
ANS: The petition shall be filed with the Regional Trial Court exercising jurisdiction over
the territory where the actionable neglect or omission occurred or with the Court of
Appeals or the Supreme Court (A.M. No. 09-6-8-SC, Rule 8, Sec. 2).

C WRIT OF KALIKASAN
Q: What is the writ of kalikasan?
ANS: The writ of kalikasan is a remedy available to a natural or juridical person, entity RHEV XANDRA ACURA
authorized by law, people's organization, non-governmental organization or any public Subject Chair
interest group accredited by or registered with any government agency, on behalf of
persons whose constitutional right to a balanced and healthful ecology is violated, or GERARD ANGELO T. DE JESUS
threatened with violation by an unlawful act or omission of a public official or employee,
Assistant Subject Chair
or private individual or entity, involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces
(A.M. No. 09-6-8-SC, Rule 7, Sec. 1). DENNISSE IAN I. BONSATO
Subject Electronic Data Processing
Q: Where do you file a petjtion or the issitianeqa writ of kalikasan?
ANS: The petition shall be4 ith,the u refileiCourtbr ith any of the stations of the
Court of Appeals (A. CfRule , Sec43) '
SUBJECT HEADS
Q: What are th,e rohibited.licrar
ling motions in petition for writ of
kalikasan? 2
ANS: The folio/ 4g are .he'prohibited plea-dIngs and motions. Legal Ethics JARED RUIZ A. LIBIRAN
1. Motiopil's
to ms; Judicial Ethics ANNE CHRISTELLE A. SANTIAGO
2. fo tensiop,of tiTzto AilWoturn• Legal Forms GERARD ANGELO T. DE JESUS
3. Motion fogostponeffient; '
4. Moticin.fpf 411 of-pOculars;k7si,
SUBJECT MEMBERS
5. Coun/erc gini or cros$ claim;
6. Thirep45yompl
7. Reply; and . CHARMAINE KEY C. AUREA KRISTOH.ER MONICO S. NG
8. Motion o declare res on ts.jn dela \ 09-6-8-SC, Rule 7, Sec. 9). MONIQUE G. BUGNOSEN JUNNA LYNNE R. PANTING
Note: A motion far, intervention cludedto opo enumeration Allowing this motion
is a reaffirmation Okhe publicRsarki0fibla ctiv6e writ o kalikasan since there
may be a large, qualified v_pota.possisentativ interested in availing of the ADVISERS
remedy.
M
Comm. RENE V. SARMIENTO
Q: What discovery measures arwavaila J2kto.thelo the parties?
ANS: A party may file a verified motion for the following reliefs:
1. Ocular Inspection; and
2. Production or inspection of documents or things (A.M. No. 09-6-8-SC, Rule 7,
Sec. 12).

Q: What is the difference between a petition for the issuance of a writ of

kalikasan, and a petition for the issuance of a writ of continuing mandamus?
ANS: In a petition for the issuance of a writ of kalikasan, it is sufficient that the person
filing represents the inhabitants prejudiced by the environmental damage subject of the
writ; whereas in a petition for the issuance of a writ of continuing mandamus, it is only
available to one who is personally aggrieved by the unlawful act or omission (Segovia v.
The Climate Change Commission, G.R. No. 211010, March 7, 2017).
 Q: What are the primary characteristics that distinguish the practice of law from
LEGAL AND business:
ANS: The primary characteristics, which distinguish the legal profession from business,
are the following: (DOF-CFU)
JUDICIAL ETHICS 1. A Duty of public service, of which the emolument is a by-product, and which
one may attain the highest eminence without making much money;
2. A relation as an "Officer of the court" to the administration of justice involving
thorough sincerity, integrity, and reliability;
3. A relation to the clients in the highest degree of Fiduciary; and
4. A relation to colleagues characterized by Candor, Fairness, and Unwillingness
to resort to current business methods of advertising and encroachment on
A. PRACTICE OF LAW their practice or dealing directly with their clients (In Re: Sycip, G.R. No. X92-1
(Resolution), July 30, 1979).
Concept
Q: What is practice of law? Qualifications for the Practice of Law
ANS: Practice of law is any activit&LnAs.outatert, which requires the application of Q: Who may practice law?
law, legal procedure, knowledgefaining d.-ex erience. Generally, to practice law is ,
ANS: Any person heretofore duly„,,.a,dmrtted as a member of the bar, or hereafter
to give advice or renderpfidnk se adVic34qc service requires the use in admitted as such in accordance withltheOnvisions of this rule, and who is in good and
any degree of legal ma kill4Oay ta6o f MOnsod, G.R. No. 100113, regular standing, is entitled to prac1i0lage.ULES OF COURT, RULE 138, Sec. 1).
September 3, 1991).
I. Q: What are the initial requiremphtslOcagOstign to the!bar?
Q: What particulprket ay all withintAb meaning of ractite f law? ANS: The following are the resdirementC!feadriiission31oAbar: (GRACE-B-MAOS)
ANS: The mope 4Ala v is ri lot limited t911heAonduc of cases or In court; it 1. Of Good moral, , character;
embraces the maration ofpleadings and.'*er papers inci actions and special 2. Resident of thePhyippines;
proceedings, tjly:Tfariegeme 9. suc , ions and pircee ngs on behalf of clients 3. At least 21 ye4s of Age;
before judges ,and-courts, and in*-—7XditionlilcoqeVing.
, n general, all advice to clients, 4. Citizen of the Phifippines; , .
with thellawilve been held to 5. Must prodtke befora;the Supreme VA
and all action ta eri for therrk in matter connected i Court (SC)satisfactory Evidence of good
constitute law pra -tici, a "date preP4atidf and dra ing of legal Instruments, where morak 3.1,h--aracter;' ',
,.
the work donelneolves th Ile Arminafir by IA? trai 'egal imindrdficthe legal effect of 6. PasV9e Babeippimationc (RULES OF CQLIRT44INLE:138,TSecs. 7-14);
facts and conditioW ( hill e\LavvY:drg 200SPic'a I. AgravaG.R. No. L-12426, 7. No charges, involving M9tal•tunlitil,de, have'beeVifilekbrifrepending against
-, I \.z.1 him in any,,ccii:Olkthe Phifibpine's7,(PULES OF COURT, PULE 138, Sec. 2);
February 16, 199). if
8. Must haki6iCoMPlied,with the Actlemic requirements under the law:
Q: Is the practice of law a matter...kr' a. Pre-law Eduoation: "--
ANS: No. The practice of layvitlxIcIta-ri01 prvilegVies,,t wed by the State upon I. Mirs,thkie taken his*, her bachelor's degree in an authorized
Thrid.continue
those who show that tliey roCarsp," 1, o(p:Oss,s9/fhe qualifications required arid recognizediCiniVerilq-Orlralege'which requires for admission
by law for the confermehLof(sci.lch priggpeMembiphip in the bar is a privilege thereto thOdmpletion of a four-year high school course;
burdened with conditions. A la etas thetprivil!g9,and right to practice law only during Miikaye pursued and satisfactorily completed in an authorized
good behavior, and can be deprivenrirforr ifsconduct ascertained and declared by and recognized university or college the course of study
judgment of the court after opportunity to be heard has been afforded him (Alcantara v. prescribed therein for a bachelor's degree in arts or sciences; and
De Vera, A.C. No. 5859 (Resolution), November 23, 2010). b. Law Education:
i. Successfully completed all the prescribed courses for the degree
Q: What is the nature of the practice of law? of bachelor of laws or its equivalent degree, in a law school or
ANS: The practice of law is a profession in which duty to public service, not money, is university officially recognized by the Philippine Government or by
the primary consideration. The practice of law is not a business. Lawyering is not the proper authority in the foreign jurisdiction where degree was
primarily meant to be a money-making venture, and law advocacy is not a capital that granted;
necessarily yields profits. The gaining of a livelihood should be a secondary ii. Must have satisfactorily completed the following courses in a law
consideration. The duty to public service and to the administration of justice should be school or university duly recognized by the government: Civil Law,
the primary consideration of lawyers, who must subordinate their personal interests or Commercial Law, Remedial Law, Criminal Law, Public, and
what they owe to themselves (Brunet v. Guaren, A.C. No. 10164 (Resolution), March Private International Law, Political Law, Labor and Social
10, 2014). Legislation, Medical Jurisprudence, Taxation and Legal Ethics
(RULES OF COURT,RULE 138, Sec. 5 as amended by B.M. No.
1153);
9. Take the Lawyer's Oath (RULES OF COURT, RULE 138, Sec. 17); and
10. Sign the Roll of Attorneys (RULES OF COURT, RULE 138, Sec. 19).

700 701
 3.fait• T5WX.V.iiik 1$1.76";,f444.tt&r2.18: $:::1T-41,1k-$0,3ek

Q: May a Filipino citizen who graduated from a foreign law school be admitted to disbarment. The reason for this is that the requirement of good moral character is, in
the bar examination? fact, of greater importance so far as the general public and the proper administration of
ANS: Yes. A Filipino citizen who graduated from a foreign law school shall be admitted justice are concerned, than the possession of legal learning (In re the Admission to the
to the bar examination only upon submission to the Supreme Court of certifications Bar and Oath-Taking of Successful Bar Applicant Argosino, B.M. No. 712 (Resolution),
showing: (CAF) July 13, 1995).
1. A completion of all Courses leading to the degree of Bachelor of Laws or its
equivalent degree; Q: What are the four purposes of requiring Good Moral Character?
2. Recognition or Accreditation of the law school by the proper authority; and ANS: The requirement of good moral character has four ostensible purposes namely:
3. Completion of all the Fourth year subjects of the Bachelor of Laws academic 1. To protect the public;
2. To protect the public image of lawyers;
program in a law school duly recognized by the Philippine Government
3. To protect prospective clients; and
(RULES OF COURT, RULE 138, Sec. 5, as amended by B.M. No. 1153).
4. To protect errant lawyers from themselves (Dantes v. Dantes, A.C. No. 6486,
September 22, 2004).
Q: Is the act of signing in the Roll of Attorney an indispensable requirement for the
practice of law?
ANS: Yes. A bar passer who failed to sign the Roll of Attorneys is not a full-fledged member Q: May a lawyer who lost his Filipino citizenship continue to practice law in the
Philippines?
of the Philippine Bar, as it was theiplotsigning that would make him so. When, in spite of
ANS: As a general rule, No. The los4oeff Filipino citizenship ipso jure terminates the
his knowledge, he chose to continue proacticinp lqW,witiout taking the necessary steps to
privilege to practice law in the Philippines: ,The practice of law is a privilege denied to
complete all the requireinents for aditip,siolNio 4the;;Ba , he willfully engaged in the
foreigners.
unauthorized practiceiflw etition=to Sign in the Roll of Attorneys, Michael A.
Medado, B.M. No. 2540; ,September 24, 2013). \
The exception is when Filipino citizeullpiweVqst by reason of naturalization as a
citizen of another country but was subseq:0",entlkekoq.fterffliqrsuant to R.A. No. 9225.
Continuing Requirements 7,7 Although he is also deeme,d,never to half terminateCt.hiS'ffiewbership in the Philippine
of . A bar, no automatic rigfit4tO 'resume laKpreptice accrues (Petition for Leave to Resume
Q: What are the continuing require-Men:War the praftice Alar?
ANS: The folloWing.ardthe continuing-requirements-for-the practice° dew: (TIP-SM- Practice of Law, Benjamin M. Dacaney,-Bp. No. 1678, December 17, 2007).
GC) 1,41
1. Payrgent of professional Tgx;- Q: What are the conditions: to be complfed with for a lawYer,*ho has reacquired
2. Membe*itin the-10P; his citizenshipOn accordance witk.theiT,Citizenship Retention and Reacquisition
3. Eayient F guk`' Act of 2003 pe,:,R.A. No.-9225 to resume his law practice?
4. GoodatqlregplarSiap.deg ANS: The foll°i/ving are the conditions for NM to resume aeipr4ctip0f,law: (UP-36-0)
,/
5. Compliance inrithWklaffd:etdry.c, CoRt&tig Legal Education (MCLE) 1. 'The Updating..andpayment!.th fulL 'bf the annual membership dues in the IBP;
Requirements;'1(q.M.V. 850 OdtobIK2'2010r1); 2. The paYrnent.ofProfessional tax
I 3. The completion oliat least 36 Kredit hours of Mandatory Continuing Legal
6. Possession\N. of GookIl
mOsra --cAaractewnd )
. Education (MCLE) which inleAplbjelN significant to refresh the
7. Compliance with the Came meet.
applicant/petitioners knowledgergpbillp:qinklos and update him of legal
41 07. - developmen*and
Q: What is Good Moral.Ctarae rp x .„:‘,,
A
ANS: Good moral character's what alpverispmeajpit, as distinguished from good 4. The retakine0f .the, lawyer's Oath not only remind him of his duties and
reputation, or from the opinion Pierallyontactained of him, or the estimate in which he responsibilities'a0Awyer and as an officer of the Court, but also renew his
is held by the public in the place where he is known. Moral character is not a subjective pledge to maintain 'allegiance to the Republic of the Philippines (Petition for
term but one which corresponds to objective reality. Good moral character includes at Leave to Resume Practice of Law, Benjamin M. Dacanay, B.M. No. 1678,
least common honesty (In Re: Haron S. Meting, B.M. No. 1154 (Resolution), June 8, December 17, 2007).
2004). Appearance of Non-lawyers
Q: What is the nature of good moral character as a requirement to practice law? Q: Who may appear before the court?
ANS: Good moral character is a continuing requirement. It is a requirement possession ANS: Generally, only those who are licensed to practice law can appear and handle
of which must be demonstrated not only at the time of application for permission to take cases in court (RULES OF COURT, RULE 138, Sec. 1).
the bar examinations but also, and more importantly, at the time of application for
admission to the bar and to take the attorney's oath of office (In re of the Admission to Q: What are the exceptions to Rule 138, Sec. 1?
the Bar and Oath-Taking of Successful Bar Applicant Argosino, B.M. No. 712 ANS: The following are the exceptions to Rule 138, Sec. 1:
(Resolution), July 13, 1995). 1. Law Student Practice Rule (RULES OF COURT, RULE 138-A);
2. Instances when non-lawyers may appear in court (RULES OF COURT, RULE
Q: What is the scope of inquiry into the good moral character of a lawyer in a 138, Sec. 34; RULE 116, Sec. 7);
disbarment proceeding? 3. Instances when non-lawyers may appear in administrative tribunals; and
ANS: All aspects of moral character and behavior may be inquired into in respect of 4. Appearance of non-lawyers before the Labor Arbiter and/or the National Labor
those seeking admission to the Bar. The scope of such inquiry is, indeed, said to be Relations Commission (2011 NLRC RULES OF PROCEDURE, RULE Ill, Sec.
properly broader than inquiry into the moral character of a lawyer in proceedings for 6).

702 703
Law Student Practice (Rule 138-A) Unless, the party is a a.However, the
Q: What are the requisites under the Law Student Practice Rule? juridical person, such as a accused may
ANS: The law student: (3`d-ECAI) corporation, it must defend himself in
1. Has successfully completed 3rd year of the regular 4-year prescribed law always appear in court person when it
curriculum; through a duly licensed sufficiently
2. Is Enrolled in a recognized law school's clinical legal education program member of the bar appears to the
approved by the Supreme Court; (AGPALO, Legal and court that he can
3. Must appear without Compensation; Judicial Ethics, (2009), properly protect
4. May Appear in any civil, criminal, or administrative case before any trial court, p.23) [hereinafter his rights without
tribunal, board, or officer; and AGPALO, Legal and the assistance of
5. Must represent Indigent clients accepted by the legal clinic of the law school Judicial Ethics] counsel (RULES
(RULES OF COURT, RULE 138-A, Sec. 1); OF COURT, Rule
115, Sec. 1 (c)).
Q: Is the supervision of a licensed lawyer required during the appearance of the b. The gravity of the
law student in courts? offense and the
ANS: Yes. The student shall be_xidertte Tettsupervision and control of a member of difficulty of the
the IBP duly accredited by Delalptschool, if hqap(se401 the RTC. However, in inferior questions that
courts, a law student m,Kapp,eaMp his‘persona)cypaeit y ithout the supervision of a may arise should
lawyer (In Re: Needhat),L91,,1" Starent Practicing U,,,ndgr ULE 138-A Be Actually be considered by
Supervised During llhayi rIllo i0,-.1041...3?1,997). the court in
determining
Q: How is"direcisuRpwision and isi:mtr91" defined? whether a
ANS: The phrase "direct supeivision the y ical presence of the counsel de officio
supervising la 11/er-dui-pig the earing-(ri-54,2Need-T-ha ; Law St' ent)?racticing Under t should be
RULE 138-A Be *Lally SupervisedpuringTriali.BarMatter do.q6O,Vune 13, 1997). appointed or
counsel de parte
Q: What is the difle, renccbqen
of t el‘we 6tkelliaStuden ra ...- tice Rule. Rule 138-A) and should be
Section 34, Mlle 1 -Odes-of-GO—A - required (RULES
ANS: The found' ovidAfkaca c5ildi ietcypepi silayv student rpay appear in court, OF COURT, Rule
while the latter ?tile allo s thesaRpealalice CiNici c"-law*as "party representing himself D- 116, Sec. 7).
(Cruz v. Mijares,‘b.R. No 154464 s8-spte ber / 0 8). I
But in criminal
Cry b 'S
Non-/awyers in Co rts ano'/OrAcimimsRitive-„Tri u als cases before the
N. /ri ---7.,...-'',-,
..- 4
Q: When may non-lawyersIpp;Zredforegh?„ coqi-tni
MTC, in a locality
where a duly
ANS: A non-lawyer may aipe,at_bi
elore tfikAtikli:ntollowing cases: licensed member of
• Non-Lawyers Appearance in ;Civil Cases the Bar is NOT
available, the judge
Municipal Trial Courts/ A party may conduct his In grave or less grave may appoint a non-
Metropolitan Trial Courts/ case or litigation in person offenses, an accused lawyer who is: (RPA)
MCTCs with the aid of an agent or who is a layman must 1. A Resident of that
friend appointed by him always appear by province; and
(RULES OF COURT, counsel; he cannot 2. Of good repute for
RULE 138, Sec. 34). conduct his own Probity and ability
defense, as his right (RULES OF
Regional Trial Courts In any court other than the to counsel is COURT, RULE
MTC, a party in a civil suit immutable. 116, Sec. 7).
may conduct his litigation Otherwise, there
personally. But if he gets would be a grave Q: What are the limitations on the appearance of non-lawyers before the courts?
someone to aid him, that denial of due process ANS: The following are the limitations on appearances of non-lawyers before the courts:
someone must be 'a duly (Hilario v. People, 1. He should confine his work to non-adversarial contentions;
authorized member of the G.R. No. 161070, 2. His services should not be habitually rendered; and
bar (RULES OF COURT, April 14, 2008). 3. He should not collect attorney's fees (Philippine Association of Free Labor Unions
Rule 138, Sec.34). (PAFLU) v. Binalbagan Isabela Sugar Co., G.R. No. 23959, November 29, 1971).

704 705
Q: When may a non-lawyer appear before the NLRC? 4. Contempt of Court (RULES OF COURT, RULE 138, Sec. 21; RULE 71, Sec.
ANS: A non-lawyer may appear before the NLRC under any of the following 3, Par. (e));
circumstances: (POM-LOP) 5. Criminal complaint for Estafa against a person who falsely represented himself
1. He/she represents himself/herself as Party to the case; to be an attorney to the damage of a party (REVISED PENAL CODE, Art.
2. He/she represents a legitimate labor Organization which is a party to the case; 315); and
3. He/she represents a Member or members of a legitimate labor organization 6. Disqualification and complaints for disbarment (RULES OF COURT, RULE
that is existing within the employer's establishment, who are parties to the 139).
case;
4. He/she is a duly accredited member of any Legal aid office recognized by the Q: What is the sanction against non-lawyers acting as lawyers?
Department of Justice or IBP; or ANS: A person may be punished for indirect contempt for assuming to be an attorney or
5. He/she is the Owner or President of a corporation or establishment which is a an officer of a court and acting as such without authority (RULES OF COURT, RULE 71,
party to the case (2011 NLRC RULES OF PROCEDURE, RULE III, Sec. 6, Sec. 3, par. (e)).
par. (b)).
Q: Who is a shyster?
Proceedings where Lawyers are PROHIBITED from Appearing as Counsels
ANS: A shyster is an unscrupulous practitioner who disgraces his profession by doing
mean work, and resorts to sharp practice to do it (Bailey v. Kalamazoo Pub. Co., 40
Q: What are the proceedings a-re ohibited from appearing? Mich. 251). ,+2,
ANS: Lawyers are prohibit,146 ippear iv t 'e f kloyv lop r. ceedings: (KI-SC)
1. In all Katarungay-RotHaranga ocgpc, lipgsPw;ere the parties must appear Q: Are Shari'a Bar Passers lawyprs& h,
in person wi0o tk... tpe;as 'stance ortoutisej,or representative, except for ANS: No. Shari'a Bar Passers iigehOKWyers, because they are not full-fledged
minors ani prirropr9petentsOosney.b. assisted btbeir ext-of-kin who are not members of the Philippine Bar. They1I-hdy:ol,ily practice before Shari'a Courts. Both are
lawyers ( ,A. No 160 $ -Sec. 41,0 counselors, but only the latter an k_,/ri,,,,.L.5 ,„Vi
auya, A.M. SDC-97-2-P,
2. Under A _ndigenouPeejte'Rights "%the
,‘ general rule is
cotineel. The exception
February 24, 1997).
that, 19wyers are ptibitedto appear for any tarty
is whpn--suc lawyer-is-appeannd-in--his/hei capaTtyias b member of the Public Officials and the practice oflalviiSrohibitions and a'isqUalifications
coup i ij4e ders 1 due<to.hiMier,..oyiQatio9 as mgmberi 6f the Indigenous Q: What are the prohipitions:ordisquarffcations imposed on 'former government
i
Peo e's co muni or for 4ti:e purpose of defending or his/her attorneys?
case (AfeferlistrativckCircarapnb2V-TS . 2003 /1 ,ec 101 pursuant to R.A. 8371, ANS: A lawyer after leaving gqvernment service, accept engagement or
Section 412(c?));
3. Undeiktb_O Rute or orote
1 i, 1
ogeOuretOr 4tri'eli,cly qases,, no 4torney shall appear
employment litiAbnnedtiOn?with any matters in which _ITO dij ter,yened while in said
service (cPRPV.E'd:b3lf? t'.-1.-
i rt at.t6ei
in behalf of ort reprr 't. r:i'a' *ring,jm i less jhe attorney is the
plaintiff\pr defegdan 9If 4e.,,p,ourt 91.mines tpat a party cannot properly Q: How is "matteiTdefitiedAn
present is/her claim o efenean, eells assistance the court may, in its ANS: It refers to any disc (it e , isolatabl#4cUs well as identifiable transaction or
discretion, Dow anotile 1neAgell3yh s not' an attofpey to assist that party conduct involving a particulars situation ezil:jepeoeparty, and not merely an act of
upon the la r's cotentyAg- o. 87,8,-7-fSe, 87). drafting, enforcing or 49terpretingAgp,verritentqWegencyAprocedures, regulations or
.1. 0/ )‘ 4 t1/4a-\\-\1 laws, or briefing abstra,Ctiprincigl4of law (PCGG v. Sandiganbayan, G.R. Nos. 151809-
Prohibited practice of non-lawyers andkiippe rance,without
di. li...„..,,,,
ttt,,,,
,,,, ,,
authority 12, April 12, 2005).
Q: When are lawyers required to presefftlii•oof of representation? Q: How is "intervene" defined in Rule 6.03?
ANS: While a lawyer is not required to present proof of his representation, when a court ANS: It only includes an act of a person who has the power to influence the subject
requires that he show such authorization, it is imperative that he show his authority to proceedings (PCGG v. Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005).
act. A lawyer is not even required to present a written authorization from the client. In
fact, the absence of a formal notice of entry of appearance will not invalidate the acts Q: What is the difference between "Adverse-Interest Conflict" and "Congruent-
performed by the counsel in his client's name. However, a court, on its own initiative or Interest Conflict?"
on motion of the other party may require a lawyer to adduce authorization from the client ANS: Adverse-interest conflict exists where the matter in which the former government
(Villahermosa, Sr. v. Caracol, A.C. No. 7325 (Resolution), January 21, 2015). lawyer represents a client in private practice is substantially related to a matter that the
lawyer dealt with while employed by the government and the interests of the current and
Q: What are the sanctions for practicing or appearing in court without authority? former are adverse. On the other hand, congruent-interest representation conflict is
ANS: The following are the sanctions for appearing in court without authority: (SA- unique to government lawyers and apply primarily to former government lawyers (PCGG
ICED) v. Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005). In congruent-interest
1. Suspension (Tapay v. Bancolo, A.C. No. 9604, March 20, 2013; In Re: Petition representation conflict, the disqualification does not really involve a conflict at all,
to Sign in the Roll of Attorneys, B.M. No. 2540, September 24, 2013); because it prohibits the lawyer from representing a private practice client even if the
2. Administrative complaint against the erring lawyer or government official interests of the former government client and the new client are entirely parallel
(Code of Professional Responsibility, Canon 9) [hereinafter CPR];
3. Petition for Injunction;
(Dissenting Opinion of Justice Callejo Sr., PCGG v. Sandiganbayan, G.R. Nos. 151809-
12, April 12, 2005.
Q: What Is the coverage of the restriction under Rule 6.03? Q: Who are the public officials that are PROHIBITED from engaging in the
ANS: The restriction covers matters in which the former government lawyer represents practice of law?
a client in private practice, which is, substantially related to a matter that the lawyer ANS: The following public officials are specifically not allowed to practice law:
interfered with while employed by the government (PCGG v. Sandiganbayan, G.R. Nos. (J2CLOGS-P2C)
151809-12, April 12, 2005). 1: Judges and other officials or employees of the superior court (RULES OF
COURT, RULE 138, Sec. 35);
Q: Are lawyers who are also public officials allowed to practice law? 2. Members of the Judicial Bar Council (CONST., Art. IX-A, Sec. 2);
ANS: No. Under Sec. 7(b)(2) of R.A. No. 6713, otherwise known as the Code of 3. Chairman and members of the Constitutional Commissions (CONST. Art. IX,
Conduct and Ethical Standards for Public Officials and Employees, in addition to acts Sec. 2);
and omissions of public officials and employees which are already provided by the 4. Those who, by special Law, are prohibited from engaging in the practice of
Constitution and existing laws, public officials and employees during their incumbency, their legal profession, but if so authorized by the department head, he may, in
shall not engage in the private practice of their profession unless authorized by the an isolated case, act as counsel for a relative or close family friend (Noriega v.
Constitution or law, provided that, such practice will not conflict or tend to conflict with Sison, A.C. No. 2266, October 27, 1983).
their official functions. 5. Ombudsman and his de:_ ,1
u,,v
tii:10 , :ST. Art IX, Sec 8, par. (2));
6. Governors, city, and municipal mayors (R.A. No. 7160, Sec. 90);
The professional concerned cannot r ce.bis. rofession in connection with any matter 7. Cou RTaR
Official nduLeEm1p3lorseesc.1 )
theqffice of the Solicitor General (RULES OF
before the office he used to ,wit for arperio of ear after resignation, retirement, or
separation from public Vice (//ckes Irnemogrfig 6their eode of Conduct and Ethical 8. Government ProsecutoraMeobie, v. Villanueva, G.R. No. L-19450, May 27,
Standards for Public'0 rci In ¢ Es ployeesr-o R.4. No. 671Q, Rule X, Sec. 1 (c)). 1965);
9. President, Vice-Presideit,Chembprs of the Cabinet, their deputies and
i'a
Q: For the purpope of ...p- sening-whether-the viblatio of the restrictions
N>. . A assistants (CONST. ArtV11,;,,,eARM),Vit.,, a
imposed on pulyli icials o pr ticOlaw—wha co sit tes private practice of 10.civil service officersRriemplWeesiilitiseldlitios;.irejquire them to devote their
law? A. A entire time at theWliposal otAg.governmenr(bak, Rellosa, A.G. No. 5738
ANS: The pracice of, w by attorneys erffi:Oyed in tt e go ern -eri , to fall within the (Resolution),februaty 19, No). Pli.
prohibition of s tateih s beerrinterpreteditaeuustomarily or hVi all holding one's self /[ :
e,
..0- I f t
r•-v4id-;cletp-tortling" payment \for such services. The
dli
out to the pq 110,—,a a la Q: Who are the publiispfcCials;WhO hay ;. RESTRIOTEDlight ti:?, practice law?
appearance b sel on one kcOasiortisil not ponclusip—ag determinative of ANS: The following are public officially who are allowed to. practice law with
engagement i/66.
I
vate-p Lice of la*fTfie word p'n7yate prpctice 9f law implies that restrictions: (SM:12C) „.., ', 4,-,,, .i,
, 4 1
one must have pre e, tedlzith eirtatiVn ttle,actireAko'6ntiruecl.practice of the legal 1. Senators andiMembers of the rouse of ,Reples_eritptypONST.,. Art. VI,
profession an ktbatt is pro' ens ionorffsepOiemy0ailible b e public for a Sec, • -ii,` '':,- 0 1"
0"
.,A •'1.1
compensation, as a source of 1511 e ihboc or=thi c liz' eratio of hiss,aid services. 2. Members of, fg,,Sangg uniani(LGp4 Sec. 90, par' opi ,
1%. \ 3. Retired Justices ordges ol R'A lep46)• and
For example, the,isRlated appearaw oil ate jross,cutor, prriously authorized by zw-• • '
4. Civil Service officer4,?pr employeengsAduty does not require his entire time
his superior, of an a istant c alto e, Bl'a br inaase for malicious mischief before to be at the'-.disp.aal of the,i.grefriMprit, with written permit from their
a justice of the peas cou vilee4taa„,..o andedoartyk isChivelative, does not violate respective degartment,headsg(ititeiditctlielR.evised Civil Service Rules,
az
Section 32, Rule 127, 0 Sect35, Rulex13,814kseitiRules of Court, which bars Sec. 12). However, offICIals
;, who by express mandate of the law are prohibited
certain attorneys from prac iciog )(People/WI] rib ya, G.R. No. L-19450, May 27, from practicirig, ft may not, even with the consent of the department head,
1965). engage in the practice of law (Zeta v. Malinao, A.M. No. P-220, December 20,
1978).
Q: How is "public officials" defined?
ANS: The term "public officials" includes elective and appointive officials and Q: What are the restrictions in the practice of law on members of the legislature?
employees, permahent or temporary, whether in the career or non-career service, ANS: A lawyer-member of the legislature is prohibited from appearing as counsel before
including military and police personnel, whether or not they receive compensation, any courts of justice, electoral tribunals or quasi-judicial and administrative bodies. The
regardless of amount (R.A. No. 6713, Sec. 3, par. (b)). word "appearance" includes not only arguing a case before any such body but also filing
a pleading on behalf of a client as "by simply filing a formal motion, plea or answer"
Q: Are all public officials prohibited to practice law? (Ramos v. Matialac, G.R. No. L-2610, June 16, 1951).
ANS: No. While certain local elective officials (like governors, mayors, provincial board
members and councilors) are expressly subjected to a total or partial proscription to Neither can he allow his name to appear in such pleading, by itself or as part of a firm
practice their profession or engage in any occupation, no such interdiction is made on name, under the signature of another qualified lawyer because the signature of an agent
the Punong Barangay and the members of the Sangguniang Barangay. amounts to a signing of a non-qualified senator or congressman, the office of an
attorney being originally of agency, and because he will, by such act, be appearing in
Expressio unius est exclusio alterius. Since they are excluded from any prohibition, court or quasi-judicial or administrative body in violation of the constitutional restriction.
the presumption is that they are allowed to practice their profession. However, one "He cannot do indirectly what the Constitution prohibits directly" (In Re: Felix David, A.C.
should procure prior permission or authorization from the head of his Department, as No. 98, July 13, 1958).
required by the Civil Service Regulations (Catu v. Rellosa, A.C. No. 5738 (Resolution),
February 19, 2008).

708 709
Q: What are the restrictions in the practice of law on members of the Sanggunian
Lawyer's Oath
under the Local Government Code (LGC)?
ANS: The following are restrictions in the practice of law of Sanggunian members under , do solemnly swear that I will maintain allegiance to the Republic of the
the LGC: (C-CAP) Philippines; I will support its Constitution and obey the laws as well as the legal
1. Appear as counsel before any court in any Civil case wherein a local orders of the duly constituted authorities therein; I will do no falsehood, nor
government unit or any office, agency or instrumentality of the government is consent to the doing of any in court; I will not wittingly or willingly promote or sue
the adverse party; any groundless, false or unlawful suit, nor give aid nor consent to the same; I will
2. Appear as counsel in any Criminal case wherein an officer or employee of the delay no man for money or malice and will conduct myself as a lawyer according
national or local government is accused of an offense committed in relation to to the best of my knowledge and discretion with all good fidelity as well to the
his office; courts as to my clients; and I Impose upon myself this voluntary obligation
3. Collect any fee for their appearance in Administrative proceedings involving without any mental reservation or purpose of evasion. So help me God.
the local government unit of which he is an official; and
4. Use Property and personnel of the government except when the Sanggunian Q: What is the significance of the lawyer's oath?
member concerned is defending the interest of the government (LGC, Sec. 90, ANS: The significance of the oath is that it does not only impress upon the attorney his
par. (b)). responsibilities, but it also stamps him as an officer of the court with rights, powers, and
duties as important as those of the judges themselves. The lawyer's oath is a source of
Q: What are the restrictionVrrthe practice of I, W'of4etired judges/justices? obligations and its violation is a grounMopuspension, disbarment or other disciplinary
ti .4 1 action (De Guzman v. De Dios, A. Q,Neg 4943 (Resolution), January 26, 2001).
ANS: A retiring Justice or edge ........,.4.A tidneMhis act, or his/her surviving
spouse receiving the b ofthlsa Aot-duri th.4` time that he/she is receiving said
'...,-.-- • V' Q: Is the lawyer's oath a requirethenlAor:Wdmission to the bar?
pension, shall not ap ear as counsel before any co in.
1. Any civilcasethereir ),the-Govepirrient.ori y's4.ibdivis'on or instrumentality ANS: Yes. An applicant who hes,i•paleecf the:required, or has been
thereofig,Qpidle
t rrse party- 1 7,-, otherwise found to be entitled tw.Sarnisidrift01;- •ibar,„ehalliteke and subscribe before
2. Any crinalvse wherein Jan inclimb'ent or fprme officg a w r employee of the the Supreme Court the corsponding%41-1 of offiCP(RXESOF COURT, RULE 138,
Goveripment is accused of an offense committed in relation to his/her office; or Sea 17). The Oath is tiaus-d prerequisiteto the admission to4he practice of law, while
3. Colleptylyfee for Ts7her appearance in ariy admVistratk proceedings to the signing in the Rolll:Kthe last actInatAinally signifies mcnibership in the bar, giving
maintain-an ilnterest to tlie:160elininaifPfatio al, proVgaal or municipal, or to the applicant the right46 call himself "atterney" (In Re Petition to take the Lawyer's
any of itsAddally constitute& afficeiVRA. No. 9946, Sea-4)1 Oath, B.M. No. 12094u1y12003).
\--,:-/Li, J
s ,...9
Q: What are th,p ire, pictkiii in the ,p of lawyon ciVil,oiervice employees B. DUTIESANplqi SPONSIBILITIES OFAL4WYER CIDER .
THE CODE OF
whose duty (Ides 'nckrecit3tf,e theiK drittreztimeto' be at tile disposal of the PROFESSIOML RESPON,SIBIL-177 Pii
government? k \-43'. LL...i --,....,)•,:v' ..c.,:,s, ,,•••• .e. YA!,:q RV
=4:
ANS: Civil service emplwees\whop....e_. (1,,tIty ...o. Q: What are th'elditlies:,4 nd:respOnSibilittes of a lawyer under the ROC?
of require their entire
entire time to be
devoted to the gaernmenittrn_ay'r
". ANS: The duties end3'responsibilities ofa lawyer under Sec. 20 of Rule 138 are:
,Qpt(-ertgqge Rgipractice of jaw without the written (C2A2R2E2D) ' 4, 1.•*,-
permit from theheaakoj the lartmeh dic rne.,91-19wqyel,agovernment officials who,
'I. To Counsel andpaintain maintain such such P:fionliargpeclings only as appear to him to
by express mandate otktnena care prohibitecicitor4rOciA law, may not, even with I helbbliet4:io'be honestly debatable under
the consent of the decarklheol eh zcmcv ztia
.ypie be just, and Stich/ deferlsedilyaa - -t
.
c,vacke of taw (Rule X
of the Revised Civil Service til‘Zs. 1Q. the law; inViolatei,the Confidence, and at every peril to himself, to preserve
\t so '6.dtr1/t4 ..%1%\% % ‘ '• k''''''
vez.c\.,\\% 76.1,%za\st%t.tzbm,z.Rn m\\.\\st\o\ „,,,,.,.,4 aistain
a.'ktve m4 Mk% kT1 C6iiedl011 With his client, and to accept no compensation in
'zzo%N .\i'tamzia,%R.%.\--wa,\10111,\cml. A , , : him or with lies tolowledge
ti;)CtW tit.% deSt)kttness exc,Otrorn
%UM VANt Wdo xWma'a 1) x\Ixt okkkdt aa 61 nr : 4110\1:it
to the Republic (A te ?*§Nc\m a'
(\s t support the
ANS:to. The Solidtor General is not authorized represent: b1a
_
(T. . kim Pa4g\ce
r'
state of a criminal case (DIZON, Basic Legal Ethics, to
(2017), p. 81). ''mit t
pnsiituton and obey the laws of the Pgippinew,
and to advance no fact prludidal to
0Abstain from all off ensive personality the justice of
n,onor and reputation of a party or witness, unless required by
Q: May a lawyer who holds a government office be disciplined as a member g,,,,
Bar for misconduct in his duties as a government official? laiiiee with which he is charged;
ANS: Generally, a lawyer who holds a government office may not be disciplined rve and maintain the Respect due to the courts of justice and judicial
pAppe
member of the Bar for misconduct in the discharge of his duties as a govern
official. He may be disciplined by this Court as a member of the Bar only wile olleec or ny consideration personal to himself, the cause of the
misconduct also constitutes a violation of his oath as a lawyer (Olazo v. Tinga;
10-5-7 SC, December 7, 2010).
,a4R.R49911,404940.medc23

AZ
 9. In the Defense of a person accused of crime, by all fair and honorable means, Q: The rule states that a lawyer shall not engage in an immoral conduct, should a
regardless of his personal opinion as to the guilt of the accused, to present lawyer then be disbarred by engaging in premarital sex?
every defense that the law permits, to the end that no person may be deprived ANS: No. Engaging in premarital sexual relations with complainant and promising to
of life or liberty, but by due process of law. marry suggest a doubtful moral character on his part but the same does not constitute
gross immoral conduct. The court has held that to justify suspension or disbarment, the
Q: What are the four-fold duties of a lawyer? act complained of must not only be immoral but grossly immoral (Figueroa v. Barranco,
ANS: The duties of a lawyer are grouped into four, the principal ones in each group Jr., SBC Case No. 519 (Resolution), July 31, 1997).
being: (SLCC)
1. Duties to Society - to uphold the Constitution, obey the laws of the land and Rule 1.02: A lawyer shall not counsel or abet activities aimed at defiance of the
promote respect for the law and legal processes (CPR, Chapter 1); law or at lessening confidence in the legal system.
2. Duties to the Legal profession -to uphold the dignity, and integrity of the legal
profession (CPR, Chapter 2); Rule 1.03: A lawyer shall not, for any corrupt motive or interest, encourage any
3. Duties to the Courts — to be candid with and promote respect for the courts suit or proceeding or delay any man's cause.
and judicial officers, and assist the courts in rendering speedy and efficient
justice (CPR, Chapter 3); and Q: What is "Barratry?"
4. Duties to the Client — to ol3§_eeve.candozZness and loyalty to the client; hold ANS: It is the offense of frequently exciting and stirring up quarrels and suits, either at
the client's money„andrPTope ihrtrlst-iserve the client with competence and law or otherwise (Black's Law Dictigneetifth ed., citing State v. Batson N.C. 4121). The
diligence; and, tosprese ,e the fid Ofthlient (CPR, Chapter 4). person who, engages in barratry, i,§Tcalledabarretor or barrater.

To Society(Canonsf-/6J Q: What is "Maintenance?"

g r,,
I. , ANS: It is the wanton and inofficiopsptqw*jdjjpin, the diRotes of others in which the
Canon 1: Duty to RZ'spec the Laws-anditegal-Processes intermeddler has no interest whatever7and4here&teAssislance rendered is without
1 .- NI, i r mk\ 111. v
Canon 1: A lawyer shall uphold the Constitution, obey‘the laws of the land and
justification or excuse (The-Conjugal Paitnprship of Sps.. aclayedo v. Lacaya, G.R. No.
promote respeict-for,haw and-legal-pr.:kg-S 173188, January 15, 204). e
4 .e ,. ibs I.*.
•Rule 1.01: A lawyer' shall nbt egtre4i7iuplaylul, dishonestrittimoral or deceitful
Rule 1 ...01' It is the intermeddlirlaf ari4minterested party to encourage la lawsuit. It is a taking in
tik • - th: ' -;Frd hand, a bearingoitif uphOding,of quarrftor sides, to the disturbance of the common
LI rl
Q: What is a lawyeOpri af:!,y uty-to' right (FUNA, Ogal and Judicial EthiCs:, With Bar Examination 'Questions, (2009), p. 45)
ANS: The lawt,Ci s . irt-ia • LI o society 01'6,th
4,04 [hereinafter Ftwiti, Legal and Judicial Ethic's's].
0,, .4.-.:. .fr• ...,,," uphold the Constitution,
obey the laws ' f.the Ibnd a :, rortme resPe legal? processes (CPR, 2Y.:0
Q: What is "AmbulanbelChasing?"0
Canon 1).
ANS: The solicitaiUbfiairiOst any.kind of:legal business by an attorney, personally or
Q: What is "unlawfqconduct? E'• T-1-1 through an agent in 'order to gain employtnt7pnsangan v. Tolentino (Resolution), A. C.
,
ANS: It is the transgreVoTtr> vision o w;INctr(tief not be a penal law. The No. 6672, September 41209I: '
#*
1
presence of evil intent ortqielia the awyer i gotp§enbal in order to bring his act Rule 1.04: A lawyerOhall encourage his clients to avoid, end or settle a
or omission within the term-sokis Rule 4Re o,. rt onithe Financial Audit Conducted
controversy if it will admit,of fair settlement.
on the Books of Accounts of AttyRagiteiffhoi.Aftir No. P-06-2177 (Resolution), April
13, 2007).
Q: What laws or rules encourage or promote amicable settlement between the
Q: What is an "immoral conduct?" parties?
ANS: It is a conduct which is willful, flagrant, or shameless, and which shows a moral ANS: The following mandates the parties to consider the possibility of amicable
settlement:
indifference to the opinion of the good and respectable members of the community
(Perez v. Katindig, A.C. No. 5816, March 10, 2015). 1. Sec. 2, Rule 18 on Pre-trial;
2. LGC (Barangay Conciliation Proceedings); and
3. Judicial Dispute Resolution (JDR).
Q: What degree of immorality may cause the disbarment or disciplinary action
against a lawyer?
Canon 2: Duty to Make Legal Services Available to the Public
ANS: For immorality to be a ground for disciplinary action, it must not only be merely
immoral but also grossly immoral. Immoral conduct is gross when it is so corrupt as to Canon 2: A lawyer shall make his legal services available in an efficient and
constitute a criminal act, or so unprincipled as to be reprehensible to a high degree, or convenient manner compatible with the independence, integrity and effectiveness
when committed under such scandalous or revolting circumstances as to shock the of the profession (CPR).
community's sense of decency (Perez v. Katindig, A. C. No. 5816, March 10, 2015).
Rule 2.01: A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed.

712 713
Q: When should a lawyer decline an employment? Q: What are other permissible forms of advertising or solicitation?
ANS: A lawyer should decline professional employment regardless of how attractive the ANS: The following are considered as permissible advertising or solicitation:
offer may be if his acceptance will involve: 1. Engaging in business or other occupations except when such could be
1. A violation of any of the rules of the legal profession; deemed improper, be seen as indirect solicitation or would be the equivalent of
2. Advocacy in any matter in which he had intervened while in the government law practice;
service (PCGG v. Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005).; 2. Law lists, but only brief biographical and informative data;
3. Nullification of a contract which he prepared (Bautista v. Barrios, A.C. No. 258, 3. Ordinary professional cards;
December 21, 1963); 4. Notice to other local lawyers and publishing in a legal journal of one's
4. Employment with a collection agency, which solicits business to collect claims; availability to act as an associate for them;
5. Employment, the nature of which might easily be used as a means of 5. The offer of free legal services to the indigent, even when broadcasted over
advertising his professional services or his skill (Ulep v. Legal Clinic, Inc., B.M. the radio or tendered through circulation of printed matter to the general public;
No. 553, June 17, 1993); or 6. Seeking a public office, which can only be held by a lawyer or, in a dignified
6. Any matter in which he knows or has reason to believe that he or his partner manner, a position as a full-time corporate counsel;
will be an essential witness for the prospective client (Santiago v. Rafanan, 7. Simple announcement of the opening of a law firm or of changes in the
A.C. No. 6252, October 5, 2004). partnership, associates, firm name or office address, being for the
convenience of the profession; p
Rule 2.02: In such cases,.exerfif theilawyerildskngt accept a case, he shall not 8. Listing in a phone directory but not under a designation of a special branch of
refuse to render legal,advic0,o therpo qbncer red if only to the extent law; and .!7:::::
necessary to safegua d •tfinatfer's ights. 9. Activity of an associatib042ftthtl-qurpose of legal representation (AGPALO,
Legal and Judicial Ethics$etipra%t419-123).
Rule 2.03: A lawyer shll do,.orreirnIrtirbe>done,appact c(esigned primarily to -,.--,.
-
ex .rvi,...-. -:1,-:Trii.. . , t&(i.
solicit legal busi Rule 2.04: A lawyer shall Toparge,•';ratesthlikwer, ...Vhan
,_, those customarily
•e•
prescribed unless the circumstances sql warrant. ,-1-. I.,
,,it.j.,•
Q: What is the est form of advertisemepttpf a lawygr? ,', A
,.I ..r.,.=
ANS: A lawyers eit advertisement ie;a well-merited re for professional Q: May a lawyer offer:his4ates to obtairkwork after being5nformed of the rates of
r ' R,
,. IV '',
capacity and i elitylto trust liagid—orillhi --- fidracter and et (Linsangan v. another lawyer? . ,;.,,A ..7...;,, • ::1
Tolentino, A.0 No...6672 (Res lutionMSeptern et 4, 2d09). ANS: No. Rule 2.04)Of the'QPRprovides that "a lawyer shell not charge rates lower than
..4 Si 4,
those customarily prescribed unless teVcumstanceso . warrant."
.„ Lawyering is not
fr.
Q: May a lawyvrrprornote'61,0ervice,s1thRug conmne cial advrtAsements? primarily meeitp:::,'fri :0p:rrkeking venture, and,01.14_ :giY999Kij$,Pdt as capital that
ANS: No. It is Vighls7 kieth4Or arRttorpey to jcKi isepis tarepts and skills as a
f\..1.1 necessarily yields prof4liiig a prifessiort in which cltity,MiAbligrservice, not money, is
merchant adver4es hiswarEVI:\rqs'la professicand not a trade. The gaining of the primary consideratibi(Onlas v. CA, d'.-..o. No. L-77691;'Adijst 8, 1988).
livelihood should\be a secondary side atitS-K.,--The dutito public service and to the
administration of justice should b0eaokirria(\i,,e4insperation of lawyers, who must Canon 3: Duty to Observe True, Honest inni, i5 ed, a ndO Objective Information
subordinate their personal iilte'rests i4tkattlirley'6" ?to themselves (Burbe v. Magulta, on Legal Services "
A.C. No. 5713, June 17) :D.^. , 44A .:;: -f..;i:; :
Canon3:Alawyerin pking known hi A iegats .
services shall use only true, honest,,
Ul .. ;
1,, n\, - fair, dignified and objeCtiye information or statement of facts.
Q: What is the rationale of tfte41,Lohibitton
prohibit solicitation: Rule 3.01: A lawyer Aa14144 use or permit the use of any false, fraudulent,
ANS: The following are the reasonsWhrthenrUles
misleading, deceptive, undignified, self-laudatory or unfair statement or claim
1. The profession is primarily for public service; regarding his qualifications or legal services.
2. Solicitation commercializes the profession;
3. It involves self-praise and puffing;
Rule 3.02: In the choice of a firm name, no false, misleading or assumed name
4. It damages public confidence; and
shall be used. The continued use of the name of a deceased partner is
5. It may increase lawsuits and result in needless litigation (AGPALO, Legal and
permissible provided that the firm indicates in all its communications that said
Judicial Ethics, supra at 119).
partner is deceased.
Q: Are lawyers absolutely prohibited from advertising their services to the public?
Rule 3.03: Where a partner accepts public office, he shall withdraw from the firm
ANS: No. The solicitation of legal business is not altogether proscribed. However, for
and his name shall be dropped from the firm name unless the law allows him to
solicitation to be proper, it must be compatible with the dignity of the legal profession. If
practice law concurrently.
it is made in a modest and decorous manner, it would bring no injury to the lawyer and
to the bar. Thus, the use of simple signs stating the name or names of the lawyers, the
Rule 3.04: A lawyer shall not pay or give anything of value to representatives of
office and residence address and fields of practice, as well as advertisement in legal
the mass media In anticipation of, or in return for, publicity to attract legal
periodicals bearing the same brief data, are permissible. Even the use of calling cards is
business.
now acceptable. Publication in reputable law lists, in a manner consistent with the
standards of conduct imposed by the canon, of brief biographical and informative data is
likewise allowable (Khan, Jr. v. Simbillo, A.C. Nos. 5299 & 157053 (Resolution), August
19, 2003).
714 715
 sir.4104.

Q: May a law firm still use the name of its deceased partner in its name? Rule 6.03: A lawyer shall not, after leaving government service, accept
ANS: If a partner died, the name of the deceased may still be used by the firm, provided engagement or employment in connection with any matter in which he had
that, in all communications of the law firm, there is an indication that the said partner is intervened while in said service.
already deceased (CPR, Rule 3.02). The use of cross after the name of the deceased
partner is a sufficient indication. It is advisable that the year of death be also indicated (Please refer to the previous discussion on public officers engaged in the practice of
(FUNA, Legal and Judicial Ethics, supra at 66). law.)

Canon 4: Duty to Take Part in the Improvement of the Legal System To the Lego/Profession (Canons 7-9)
Canon 4: A lawyer shall participate in the development of the legal system by
initiating or supporting efforts in law reform and in the improvement of the Canon 7: Duty to Uphold the Dignity and Integrity of the Profession
administration ofjustice. Canon 7: A lawyer shall at all times uphold the integrity and dignity of the legal
profession and support the activities of the integrated bar.
Canon 5: Duty to Keep Abreast with Legal Developments
Canon 5: A lawyer shall keep abreast of legal developments; participate in Rule 7.01: A lawyer shall be answerable for knowingly making a false statement or
continuing legal education programs, support efforts to achieve high standards in suppressing a material fact in connectioji with his application for admission to
law schools as well as in th,eopractical traihing of law students and assist in the bar. ij
disseminating the law andorisprudencej
Q: Who has the burden of proof in admission to the bar?
Q: What are the co I, etiovequirements of MOL, ? ANS: The applicant has the burden olpsW13y asking admisSion to the practice of law,
ANS: Members of h IBIAiless—exeriiptecL.,undei7 'tkule71 df,,B.M. No. 850, shall an applicant puts in issue all hisA.tafift41145,Tapd assumes the burden of proof to
complete 3 years a 6" hot of continuing leareducatipedvities B.M. No. 850, establish all those qualifications tof.3Veetiglietjor?,,,qggje court (Rosencranz v.
RULE 2, Sec. 2) A
2Z \ Tidrington, 193 Ind, 472, 1414NE. 58). I.
1 •• .
Canon 6: Dutle§-oflawyer Employed-iii-the-Goverriment Q: What are the consequences of now ugly making a falsp statement or
it .0"- S I 1 1,1 . suppression of material tr ,the'applpation for admission to the bar?
Canon 6: Thqse—capons -apply4to lawyersi ngover~nme 9t lservices in the
1
-V.3 ANS: The followigxare thk,copsequencesAone has knowingli made a false statement
discharge of t eit.o icial tasks. jart
or suppressed,Otiateriel fact ii his applicOim for admission to the bar:
Rule 6.01: Thesi prim,i ry
c a lawye;r iepgagefiziii:pubVprAecution is not to
1. If the false statement or,suppressidn of material fapti:is discovered before the
syppryssiori lof facts or the candidate could thStar examinations,-The,w4 b:1 rs,.permission to
-d
convict but to\-see thakiAs.Ke
innocenpe of the accused take the examinations; 0"1-
Concealment ofkwitnesses cap.abKof 2. If the fareelsteteae.at or supPres ..1pn of material facts was discovered after the
...2sclplinaiy action.
is highly reprehensiblelnd is`calsse`fga
candidate`bad passed the examinations, but before taking his oath, he will not
be allowed tolake his oath as a
Q: What is the primaiqutywu \I CT I
GF\TV\N)
:prosecittpr? 3. If the discove0Was macts,afte6ilieginotatS1,hatIAaken his oath as a lawyer,
ANS: The primary duty a:1_wyerpgaged.inlitiblipOrOesution is not to convict but to
his name will .110strickSif. from the Roll of Attorneys (PINEDA, Legal Ethics
see that justice is done (CPIkRUL.X 6.01di Rlq_AutclIstegfo it that the accused is given Annotated, (2009), p.11`17) [hereinafter PINEDA, Legal Ethics].
fair and impartial trial and not dep hied of,aWh statutory or constitutional rights. He
should recommend the acquittal of he acc sed whose conviction is on appeal, if he
Q: May a lawyer be denied admission to the bar on the ground that he failed to
finds no legal basis to sustain the conviction (Trieste v. Sandiganbayan, G.R. No.
disclose in his application that he was married because he believed that his
70332-43, November 13, 1986). marriage was void from the beginning?
Q: Is the presence of the public prosecutor required in every criminal ANS: Yes. The Court held that a lawyer's declaration in his application for Admission to
the 1981 Bar Examinations that he was "single" was a gross misrepresentation of a
proceeding? material fact made in utter bad faith, for which he should be made answerable. Rule
ANS: Yes. All criminal actions either commenced by complaint or by information shall —4214
7.01, Canon 7, Chapter II of the CPR explicitly provides: "A lawyer shall be answerable
be prosecuted under the direction and control of a public prosecutor. However, in case
for knowingly making a false statement or suppressing of a material fact in connection
of heavy work schedule of the public prosecutor or in the event of lack of public
with his application for admission to the bar" (Leda v. Tabang, A.C. No. 2505, February
prosecutors, the private prosecutor may be authorized in writing by the Chief of the 21, 1992).
Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the
approval of the court (RULES OF COURT, RULE 110, Sec.4, as amended by A.M. No. Q: May a lawyer be denied admission to the bar on the ground that he failed to
02-2-07-SC). disclose in his application that he had been previously charged of the crime of
less serious physical injuries?
Rule 6.02: A lawyer in the government service shall not use his public position to ANS: Yes. When the applicant conceals a charge of a crime against him, regardless of
promote or advance his private interests, nor allow the latter to interfere with his
the fact that the crime does not involve moral turpitude, it is still a ground for revocation
public duties of his license to practice law. It is the fact of concealment and not the commission of the

716 717
crime itself that makes him morally unfit to become a lawyer. When he made Rule 8.02: A lawyer shall not, directly or indirectly, encroach upon the
concealment, he perpetrated perjury (In Re: Lanuevo, A.M. No. 1162, August 29, 1975). professional employment of another lawyer, however, it is the right of any lawyer,
without fear or favor, to give proper advice and assistance to those seeking relief
Rule 7.02: A lawyer shall not support the application for admission to the bar of against unfaithful or neglectful counsel.
any person known by him to be unqualified in respect to character, education, or
other relevant attribute. Q: Can a lawyer negotiate with the opposing party without the knowledge of such
party's counsel?
Rule 7.03: A lawyer shall not engage in conduct, that adversely reflects on his ANS: No. As a rule, a lawyer should not in any way communicate upon the subject of
fitness to practice law, nor shall he, whether in public or private life, behave in a controversy with a party represented by counsel, much less should he undertake to
scandalous manner to the discredit of the legal profession. negotiate or compromise the matter with him, but should deal with his counsel.
Negotiating with the opposing party without the knowledge of said party's counsel is an
Q: Why is there no distinction on the nature of the conduct of the lawyer? inexcusable violation of the canons of professional ethics and in utter disregard of a duty
ANS: There is no distinction because any gross misconduct committed by a lawyer owing to a colleague (Camacho v. Pangulayan, A.C. No. 4807, March 22, 2000).
whether in his professional or in his private capacity is a ground for the imposition of the
penalty of suspension or disbarment since a good character is an essential qualification Q: Can a lawyer interview any witness or prospective witness of the opposing
for the admission to and continued _sactice.of,Jaw
March 23, 2015).
.... (Sosa v. Mendoza, A.C. No. 8776, party without the consent of the opposing counsel or party?
ANS: Yes. A lawyer may properly interview any witness or prospective witness for the
U opposing side in any civil or crimigal-action the consent of the opposing counsel
Q: Are all sexual relation6-aossl moral -1„>. or party. But he should avoid apYll§ljg§pAtion calculated to induce the witness to
ANS: No. It has beelfie dioakre mere fact of sexual Felatiiensbetween two unmarried suppress or deviate from the truth for affect his free conduct of trial (CANON OF
adults is not suffcien't t 'w?ErAnt-a-dm -713trative-..„.
slhctibfr
,, fo such illicit behavior. PROFESSIONAL ETHICS, Canon729) ”
/
However, it is n ,eqrth respect -to bqyayalT of the marital ow of fidelity. Sexual
relations outside' marriage is consideratA•disgraceful and immoral as it manifests Q: If a client approaches a lawyer seeking relief from the aCts of his neglectful
olivs protected by the
deliberate disrefiard ofthe sanctity of marriage and th`e marital 1.r lawyer, what should belhe advice of th,q lawyer?
Constitution a di4
2006). „„;
,:
p„,....,
ffirmed by bur laws (VitPg v. HongcAl, A.C. ATI5. 63'13, September 7, ANS: The lawyer can advise her cliejltIOteArminate the services of the neglectful lawyer
and/or file an administrative case against be latter. Rule 8.02' orthe CPR provides that
..._e I ., _,.1 a lawyer, withoujjear or favor, ,to give proper advice and assistance to those seeking
Canon 8: Duty-kof, ColiNesv, Falrneg§7 and Candor growairds Professional relief against unfaithful or neglectful couns'etl
Colleagues k
cnk ‘k\
•

1 I
Canon 8: A lawyer shall ceP g,,F..e nitrsek,itritrtefy, fairness and candor
Canon 9: Dutitio Prevent Unauthorized Rractice of Caw;
tie
towards his professional coffeqgue,Q, and;s1: lkavoid harassing tactics against Canon 9: A lawyer shall net, directly orffldirectly, assist in the unauthorized
opposing counse < practice of law. - c.,;!Y
"?
Rule 8.01: A lawyer shall nOtk imfus
. priffes-sio a cicaf'ings ruse language which is Q: What is unauthorized,practice oflaw?,
t
abusive, offensive or of erwrsaimprope ANS: The act of a persorti, who is not a`lav‘ryer, of holding himself out as a lawyer shown
• MN
Q: Is the lack of intent to disrespecLajpc lge or4udicial officer an excuse for the
by acts indicative of that. purpose like identifying oneself as attorney, appearing in court
in representation of a client, or associating oneself as a partner of a law office for the
use of disrespectful language by a lawyer? general practice of law. Such acts constitute unauthorized practice of law (Cambaliza v.
ANS: Generally, No. Lack or want of intention is no excuse for the disrespectful Cristal-Tenorio, A.C. No. 6290 (Resolution), July 14, 2004).
language employed. Counsel cannot escape responsibility by claiming that his words
did not mean what any reader must have understood them as meaning. (Rheem of the Rule 9.01: A lawyer shall not delegate to any unqualified person the performance
PHL v. Ferrer, G.R. No. L022979, January 27, 1967). However, in the following of any task which by law may only be performed by a member of the bar in good
instances, lack of intent to disrespect may be an excuse: standing.
1. Statements made in the course of judicial proceedings, including all kinds of Note: "Unqualified person" is not limited to non-lawyers but also to lawyers who are not
pleadings, petitions, and motions, are absolutely privileged regardless of the in good standing and lawyers who are unqualified (FUNA, Legal and Judicial Ethics
defamatory tenor and of the presence of malice, provided it is relevant, supra at 123).
pertinent, or material to the cause of the subject or inquiry (Tolentino v.
Baylosis, G.R. No. L-15742, January 31, 1961). Q: When can a lawyer employ the services of another?
2. Utterances made out of impulse in the course of an argument may be forgiven ANS: Lawyers can employ lay secretaries, lay investigators, lay detectives, lay
and should not be penalized (Cruz v. Cabrera, A.C. No. 5737). researchers, accountants or non-lawyer draftsmen, to undertake any task not involving
3. Strong language used by an attorney as a reply to the insulting remarks of a practice of law (AGPALO, Legal and Judicial Ethics, supra at 116).
judge. If a judge desires not to be insulted, he should start using temperate
language himself (Fernandez v. Bello, G.R. No. L-14277, April 30, 1960).

718 719
 l'AVFni:33,e:;? ttlif4S.

Q: May a lawyer divide the fee for legal services with non-lawyers? chapter of the province, city political subdivision or area where his office or in the
ANS: A lawyer shall not divide or stipulate to divide a fee for legal services with persons absence thereof, his residence is located. In no case shall any lawyer be a member of
not licensed to practice law, except (PUR) more than one chapter (BY LAWS OF THE INTEGRATED BAR OF THE PHILIPPINES,
1. Where there is a Pre-existing agreement with a partner or associate that, upon Art. II, Section 19).
the latter's death, money shall be paid over a reasonable period of time to his
estate or to persons specified in the agreement; Q: May a member terminate voluntarily his membership in the Integrated Bar?
2. Where a lawyer Undertakes to complete unfinished legal business of a ANS: Yes. A member may terminate his membership by filing a written notice to that
deceased lawyer; or effect with the Secretary of the Integrated Bar, who shall immediately bring the matter to
3. Where a lawyer or law firm includes non-lawyer employees in a Retirement the attention of the Supreme Court. Forthwith he shall cease.to be a member and his
plan even if the plan is based in whole or in part, on a profit-sharing agreement name shall be stricken by the Court from the Roll of Attorneys (RULES OF COURT,
(CPR, RULE 9.02). Rule 139-A, Sec. 11).

Integrated Bar of the Philippines (Rule 139-A) Q: Is the requirement of the Integrated Bar of the payment of dues to its members
constitutional?
Q: Which branch of the Government has the power to promulgate rules ANS: Yes. Membership in the unified bar imposes only the duty to pay dues in
concerning the Integrated Bar? reasonable amount. The greater part 9fRunified bar activities serves the function of
ANS: Under the Constitution, the,,SupcTerrie—pou is empowered to promulgate rules elevating the educational and ethicalSta0Oards of the bar to the end of improving the
concerning the Integrated Bar. Such rgleqs11 'proiyide,a simplified and inexpensive quality of the legal services avai)Objftolhe people. The Supreme Court in order to
procedure for the speecyfics osittiop.of dasesfish011 be Uniform for all courts of the same further the State's legitimate intorAt:tin:o1O:yating the quality of professional services,
grade and shall not d'minish, ncreast'Orrrinifm-6bsLantraNghts (CONST. ART VIII, may require that the cost of imprOlii0gOofession in this fashion be shared by the
Section 5, Par. 5). subjects and beneficiaries of thelOgpAtbAprpgram.,7 the laWyers. Such compulsion is
justified as an exercise of the_polic&'-power;Oftlie%tateqtrai: Edition, A.M. No. 1928,
Q: What does itItegration oft he Barmek August 3, 1978).
ANS: The integration (the Philippine bac rrie'ans thei offsaleupifiqation of the entire
lawyer population d this reaquires.menibOrsbip_and_financiAsuppoa of every attorney Q: What is the effect Ofinon-payment of dues?
as a condition i;), ua non to the,Rracpco btlaw,andithe retentionlof his name in the .9
ANS: Default in payment gf:;;annuardues 'for 6 months shall warrant the suspension of
R011 of Attorneys of e Supreme CO(In,;re: firon, A.M. No.11928aAugust 3, 1978). membership in tileflritegrateiligar, and delhult in such paVmapt for one year shall be a
k'Th ground for theAinoval,of the name itiftthsVelinquent mpmbetIfrordlhe roll of attorneys
Q:fls the Integration/of ar-a-violatignSof-the-Co atitutioght to freedom of (RULES OF COURT,,. Rule.039,, -4 Sec. 10' „4,
association? ‘Sir) k9, 131.
ANS: No. IntegT ion does not(tai e laiwyerA e of any grow /of which he is not To the Courts (Canoni1b413)
already a member. He beca0e erithe when e passed the bar
0. •
examinations. BaVegration does o corthe i 1-1 w ers to associate with anyone. He is
. Canon 10: Duty ofCandor, Fairness, anilGoodFaith Towards The Courts
free to attend or.not to attend h jptegrated,b'ar chapter or vote or •
refuse to vote in its efectionsfpiekc oosasc7T ornpuledn'torwhich he is subjected is
Canon 10: A lawyer owes candorpfaitneSS'4fidgdadfaith to the court.
the payment of annuaNuesTssuming t ak qaNtIteution compels lawyers to be
members, such compulsioNsithifi the 9'0,,pcgtf3sAr Othe state. The inherent power of ‘,7
Rule 10.01: A lawyer ihap,r,qt do any falsehood, nor consent to the doing of any
the Supreme Court to regulatelhe.baLizkidesoagthority to integrate the Bar (In re:
in Court; nor shall he mislead; or allow the Court to be misled by any artifice.
Edition, A.M. No. 1928, August 3, 1978).
Rule 10.02: A lawyer shall not knowingly misquote or misrepresent the contents
Q: What is the general purpose of the Integrated Bar of the Philippines (IBP)?
of a paper, the language or the argument of opposing counsel, or the text of a
ANS: The fundamental purpose of the Integrated Bar shall be to elevate the standards
decision or authority, or knowingly cite as law a provision already rendered
of the legal profession, improve the administration of justice, and enable the Bar to
inoperative by repeal or amendment, or assert as a fact that which has not been
discharge its public responsibility more effectively (RULES OF COURT, Rule 139-A, proved.
Sec.2).
Q: What is the effect if a lawyer deliberately changed the wordings of the law in
Membership and Dues filing a pleading?
Q: How does one become a member of the Integrated Bar? ANS: A lawyer may be punished for contempt of court by deliberately misquoting or
ANS: All lawyers whose names were in the Roll of Attorneys of the Supreme Court on misrepresenting the text of a decision or authority, or by changing the provisions of law
January 16, 1973 and all those whose names are included or are entered therein after in order to mislead the court (COMELEC v. Noynay, et al., G.R. No. 132365, July 9,
said date are automatically and without exception members of the integrated Bar (BY 1998).
LAWS OF THE INTEGRATED BAR OF THE PHILIPPINES, Art. 1, Sec. 4).
Rule 10.03: A lawyer shall observe the rules of procedure and shall not misuse
Every lawyer is required to register at the national office or at the office of his chapter by them to defeat the ends of justice.
filing in duplicate the prescribed for the purpose. Unless he otherwise registers his
preference for a particular chapter, a lawyer shall be considered a member of the
720 721
Q: What is the rationale of the lawyer's duty to refrain from filing pointless Rule 11.05: A lawyer shall submit grievances against a judge to the proper
petitions? authorities only.
ANS: As officers of the court, lawyers have a responsibility to assist in the proper
administration of justice. They do not discharge this duty by filing pointless petitions that Q: Who is the "proper authority" referred to in Rule 11.05?
only add to the workload of the judiciary, especially the Supreme Court, which is ANS: The Supreme Court has the constitutional power to promulgate rules concerning
burdened enough as it is. A judicious study of the facts and the law should advise them pleading, practice and procedure (CONST., Art. VIII, Sec. 5, par. (5)).
when a case should not be permitted to be filed to merely clutter the already congested
judicial dockets. They do not advance the cause of law or their clients by commencing Canon 12: Duty to Assist in the Effective Administration of Justice
litigations that for sheer lack of merit do not deserve the attention of the courts (Banogon Canon 12: A lawyer shall exert every effort and consider it his duty to assist in the
v. Zerna, G.R. No. L-35469, October 9, 1987). speedy and efficient administration of justice.
Canon 11: Duty of Respect to the Courts and Judicial Officers Rule 12.01: A lawyer shall not appear for trial unless he has adequately prepared
Canon 11: A lawyer shall observe and maintain the respect due to the courts and himself on the law and the facts of his case, the evidence he will adduce and the
to judicial officers and should insist on similar conduct by others. order of its preference. He should also be ready with the original documents for
comparison with the copies.
Q: What is the rationale of this Rile?
ANS: Disrespect toward the-court would tiTacessarily , odermine the confidence of the Rule 12.02: A lawyer shall not filArfiiilple actions arising from the same cause.
people in the honesty aintg1/4of the,-neim 6r ofithekpourt, and consequently to
lower or degrade the y"mintrptsp....ofiNtieeby4t e•coy0, 014e. Matter of Proceedings Q: Does the filing of several c4seslbaS*1, on the same incident constitute forum
iOrCagpirSsrAtIL.Vi.a,cp
for Disciplinary Act* ,,,,,) t Rau A aceiv in L-27654, Antonio H. shopping? t'
.# &
''." 1'
4—,--z ,
Calero, G.R. No.1- 6547-ebrary, 18, ts70. ...\ --y ANS: No. The mere filing of several ca, 9..,:k:katcht
, .,27n tKranne incident does not
7 A 7.(_
Rule 11.01: A lawyer shall a pear in cOrrit properly attire
necessarily constitute forumstiOSpint:',2T4;treirriekiatlier the several actions filed
involve the same transactions, essential facts and circumstances. If they involve
r';'-`,1:- essentially different Ws, circumstances and causes offFaction, there is no forum
1)``, / J,
Q: What may be44onsidered as proper a!tirefqqawyiers? r.....4 shopping (Paredes, Jr.pS'endiganba(YaniG.R. No. 108251! Anirpry 31, 1996)
ANS: Generaljy,. tfiqproper 1ttire=Wouitilp&t.tfe conimpora buii9ess suit (FUNA, ezr.,,, ;-.•,.w,,
., •'''
....„
Legal and Jude ie./flips, ,su rf at 1Wig.:.tighodia% be a Elarpng Lagalog or a coat and tie Q: When doesc,.....
forum-shopping
,_ exist?
for men, and an 4_pr,op4t,;business.,;alfrelf :or_wo . ehCIAGP40_, , (legal and Judicial ANS: Forunrkshoppingr,exists where' thev elements offhtis pendentia are present, or
A,:::_. ..,...* a .
Ethics, supra a-, 18;2-2153). \ I, 1)f.7('.: I 9 ''''c' where a fina vizi ent-994.onp case..will amount to resritigMfaintha.other. Thus, there
*, ,;,.••
‘ ‘ -)
X\
s • c, L‘1 ,. is forum-shoppingwhen„betWeens
(ig : , „.,,,,,,t huactiorc;.'pending
_ loOfOretiliisCourt
...t.-- and another one,
Q: What is the penalty for a la; ye wto comes'in to cou4s, not in proper attire? there exist: P 0 ViV
'S m, - ”'ti r pi
ANS: He may be found gbijty of):Iirppt_cant6fript-ancrbejlable under Rule 71, Section 1 1. Identity of4Parties, or; at least such parties as represent the same interests in
of the Rules of Coat which puctisheXiirlisbp.ra,Ji in t.4e presence of or so near a court both actions; , 41 F'r--7--,y,-.
or judge as to obstruct . yrirterlit—th eedi,Qgslrbepre the same, including 2. Identity of Riglits4sterted and relletprayea fdrythe relief being founded on the
disrespect towards the kirtiorflocjge. Ar eicidtaliNplietence or proceeding in the same facts; and.
'-
Court wearing improper attire461awyer alspileobledizedlhe cause of his client (Falcis 3. The identity of the two preceding particulars is such that any judgment
Ill v. Civil Registrar, G.R. No. 21.791.0duz.31-2014:6''' rendered in tlive.ibthel action, will, regardless of which party is successful
amount to res Judibata in the action under consideration; said requisites also
Rule 11.02: A lawyer shall punctually appear at court hearings. constitutive of the requisites for "auter action pendant or lis pendens"
(Collantes v. Court of Appeals, G.R. No. 169604, March 6, 2007).
Rule 11.03: A lawyer shall abstain from scandalous, offensive or menacing
language or behavior before the Courts. Q: What are the sanctions provided by the ROC in case ot violation of the
requirement on certification against forum shopping?
Rule 11.04: A lawyer shall not attribute to a judge motives not supported by the ANS: Sec. 5, Rule 7 of the Rules of Court provides that:
record or have no materiality to the case. 1. The submission of a false certification or non-compliance with any of the
undertakings therein shall constitute indirect contempt of court, without
Q: What is the remedy of a lawyer if it is the judge who misbehaves during a court prejudice to the corresponding administrative and criminal actions; and
proceeding? 2. If the acts of the party or his counsel clearly constitute willful and deliberate
ANS: When it is the judge who misbehaved during a court proceeding, the affected forum shopping, the same shall be a ground for summary dismissal without
lawyer may demand that the incident be made of record. This act of the lawyer is not prejudice and shall constitute direct contempt, as well as a cause for
contemptuous (PINEDA, Legal Ethics, supra at 171). While lawyers are prohibited to administrative actions.
attribute motives to a judge not supported by the record, lawyers must however be
courageous enough to expose arbitrariness and injustice of courts and judges (People
v. Carillo G.R. No. L-2043, February 28, 1950).

722 723
 A.? 4% ; Jibi4*. ; •

Rule 12.03: A lawyer shall not, after obtaining extensions of time to file pleadings, Rule 13.02: A lawyer shall not make public statements in the media regarding a
memoranda or briefs, let the period lapse without submitting the same or offering pending case tending to arouse public opinion for or against a party.
an explanation for his failure to do so.
Q: What is the "Subjudice Rule?"
Q: May a lawyer move for 'Reconsideration' and 'Extension of Time" on the
ground that he had forgotten to file a notice of change of address due to heavy ANS: The subjudice rule restricts comments and disclosures pertaining to judicial
workload which had resulted in the lapse of the reglementary period to file an
proceedings to avoid prejudging the issue, influencing the court, or obstructing the
appeal? administration of justice (Romero 11, et al. v. Estrada, G.R. No. 174105, April 2, 2009).
Note: A violation of the subjudice rule may render one liable for indirect contempt under
ANS: No. A lawyer cannot presume that the court will take cognizance of the new
Sec. 3(d), Rule 71 of the Rules of Court (Romero II, et al. v. Estrada, G.R. No. 174105,
address in his motion for extension of time. It is the lawyer's inescapable duty to make
April 2, 2009).
of record their correct address in all cases in which they are counsel for a suitor
(Philippine Suburban Dev't. Corp. v. CA, G.R. No. L-33448, September 17, 1980).
Q: What is the test to determine when statements in a newspaper publication are
Rule 12.04: A lawyer shall not unduly delay a case, impede the execution of a contemptuous?
judgment or misuse Court processes. ANS: There are two kinds of publications relating to court and court proceeding which
can warrant the exercise of the power to punish for contempt:
Rule 12.05: A lawyer shall refraitriffm7talking to his witness during a break or 1. That which tends to impede, obstruct, embarrass, or influence the courts in
recess in the trial, while theYwi ess ise I Ner examination. administering justice in a p,eakilsuit proceeding; and
IN, 2. That which tends to degeade Affe.N, courts and to destroy public confidence in
1"-7-4's
Q: What is the ration,ale of thp 00?- ---- —,. ,-4 7 them or that which tendeaiiti.16. them in any way into disrepute (People v.
ANS: This is to av,,oirQpe tsdspicion that he is co-denv.gtO>wipiess on what to say Godoy, G. R. No. 11590849WarOh 29, 1995).
during the resumptio of+$14e4)raminationt6GPAI0p-Legaband a icial Ethics, supra at
173).
k,.. 7.
zr,,
Q: What is the "Principle of Open Ji:(51P--?
ANS: The principle of open ustice refers to the public right to and criticize
Rule 12.06: A lawyer shall riot knowingly assist a witness to 'difsrepresent himself
or to imperso a'te-antthen court proceedings. It isil9Stified on th0r4:),upd that if the determination of justice cannot
be hidden from the publje, this will provide ; 11
s-- ,. ,-, Ih• ,-, -:,.;,
Q: What is "sibor a ion of perjure 1. A safeguarOgaiti4t;judicial arbitrariness or idiosyncrpsyk,and
[L._...iiii
ANSvSubornati perjuryfR an actVilEfils comrpffed)by apersqn who knowingly 2. The maiptenanceotthe public'srdonfidence in the administration of justice (In
and•viillfully pr curesandthq\19,-sweef-ta*Iyjand-1 6'•"'w'itnerss,,,...sunqrned does testify Re: 4.7117g Allegations Contaihed in:the Columns" of Macasket, A.M. No. 07-09-
under circumst li.qe0render n\ 'im guilty kfi.pOryi , S' v. Bbllene,IG. R. No. L-6294, 13-S04 ,1rigu,S,6
A ,42008),
V4i (.44
February 10, 1911). 1,77
Q: When does a.triallirViiblicitgtiecoree prejudicial?
Rule ,12.07: A lawArser shal aisqse &pm-Meat harass a witness nor needlessly ANS: To warrant aftnclin0 Okprejudicial publicity, there must be allegation and proof that
inconvenience him the judges have been yndulytruenced, npt,simply4that they might be, by the barrage of
publicity (People v. Teehepkee, Jr;,G,,,,i.„...p..)01..,..1.pAitatober 6, 1995).
Rule 12.08: A lawyer shallavo/cli testifying,in'behat isiclient, except: 404/
1. On formal matters such' as tikelinhaig\ au entication or custody of an Q: Are post-litigation 4iticisrryeoroper?
4kt, r11.
instrument, and the likeor ANS: Yes. The right to' Eilicykis recognized in concluded litigations because then the
2. On substantial matters, in where his testimony is essential to the court's actuations are throWitOpen to public consumption and discussion, however, it is
ends of justice, in which event he must, during his testimony, entrust the the cardinal condition of all such criticism that it shall be bona fide and shall not spill
trial of the case to another counsel. over the walls of decency and propriety. Intemperate and unfair criticism is a gross
Q: What is the difference between a witness and an advocate?
violation of the duty of respect to courts. It is such a misconduct that subjects a lawyer to
ANS: The underlying reason for the rule lies in the difference between the function of a disciplinary action (In Re: Almacen, G.R. No. L-27654 (Resolution), February 18, 1970).
witness and that of an advocate. The function of a witness is to tell the facts as he
Rule 13.03: A lawyer shall not brook or invite interference by another branch or
recalls them in answer to questions. On the other hand, the function of an advocate is
agency of the government in the normal course of judicial proceedings.
that of a partisan. It is difficult to distinguish the zeal of an advocate and the fairness and
impartiality of a disinterested witness (AGPALO, Legal and Judicial Ethics, supra at
To the Clients
175).
Q: What is the nature of Attorney-Client Relationship?
Canon 13: Duty to Refrain from Impropriety ANS: The nature of Attorney-Client relationship are as follows: (PF)
Canon 13: A lawyer shall rely upon the merits of his cause and refrain from any 1. Strictly Personal as it involves mutual trust and confidence of the highest
impropriety which tends to influence, or gives the appearance of influencing the degree irrespective of whether the client is a private person or a government
court. fiduciary; and
2. Highly confidential and Fiduciary because it demands of an attorney an
Rule 13.01: A lawyer shall not extend extraordinary attention or hospitality to, nor undivided allegiance, a conspicuous and high degree of good faith,
seek opportunity for cultivating familiarity with Judges. disinterestedness, candor, fairness, loyalty, fidelity, and absolute integrity in all
724 725
 ,..z...... '; ',,
. .\•`<'4';.,,•M `••••1',i'V,q;',' ;*!.="•,e,'4t41'4,
t1-.1-1,:.4-Z*1
• ..:r- tY-ts>•
*"
< , :::<-3, 4,11,:e,t.:*, f• ;,ft,.I'AJN*
his dealings and transactions with his clients and an utter renunciation of every credited to the said lawyer for the succeeding periods (B.M. No. 2012, Sec. 5 (a));
personal advantage conflicting in any way, directly or Indirectly, with the and
interest of his client (Daroy v. Legaspi, A.C. No. 936, July 25, 1975).
Rule 14.02: A lawyer shall not decline, except for serious and sufficient cause, an
Q: How is the relationship created? appointment as counsel de officio or as amicus curiae or a request from the IBP
ANS: The attorney-client relationship is created through any of the following: or any of its chapters for rendition of free legal aid.
1. Oral contract — when the counsel is employed without a written agreement,
but the conditions and amount of attorney's fees are agreed upon (Urban Bank Q: Who is a counsel de officio?
v. Pea, A.C. No. 4863, September 7, 2001); ANS: He is an attorney appointed by the court to represent a party, usually an indigent
2. Express contract — when the terms and conditions including the amount of defendant, in a criminal case (People v. Daban, G.R. No. L- 31429, January 31, 1972).
fees, are explicitly stipulated in a written document which may be a private or The exercise of their duties as counsel de officio meant rendering full meaning and
public document. Written contract of attorney's fees is the law between the reality to the constitutional precepts protecting the rights of the accused. A counsel de
lawyer and the client; and officio is expected to do his utmost. A mere pro forma appointment of a counsel de
3. Implied contract — when there is no agreement, whether oral or written, but officio who fails to genuinely protect the interests of the accused merits disapprobation.
the client allowed the lawyer to render legal services not intended to be The exacting demands expected of a lawyer should be no less than stringent when one
gratuitous without objeclisva,,and.tlie client is benefited by reason thereof is a counsel de officio. He must take the case not as a burden but as an opportunity to
(Hilado v. David ,GpNo. L-9 , Septem eA21, 1949). assist in the proper dispensation of jtisticT(Peopie v. Ferrer, G.R. No. 148821, July 18,
2003).
0.1
Q: Should a lawyer acceifevely pAteit ataitat
,..toct as legal counsel or try,person who may wish to
ANS: No. A lawyer is nzot o igefi Q: Who is an amicus curiae?
become his client. eka-s)t e'rtgbt..to-decline=employ erk.(Ennquez, Sr. v. Gimenez, ANS: Literally, it means, a friend of go. e is taperson with,,strong interest in or views
G.R. No. L-12817 642.9 19¢0). on the subject matter of an action, btgriglt:gParkttottigRgtipn, and may petition the
y court for permission to file a,brief, ostensibly on belialftiftapaEty but actually to suggest
11- d:\
Canons 14-22' (f) a rationale consistent with'ita'own views (PINEDA, Legal EthiC; supra at 10).

Canon 14: Duty. 71) Provide Services Without-Discrimination Q: What does amicus curiae par excellence mean?
• ANS: It refers to bar associations who appear in court as Omici curiae or friends of court
!Canon 14: A lawyer; shall
shall not refus_ebixqecilioes to the needy,---1
(Id.).
stn.— A; 41(-) „L;
Rule 14.01: A iwyenshaf,hqciYech e to present , lierspn4\olely on account of Q: What is tneflegal basisJor the appearance of atni,Ft.curiae?,
zes ,
:the latter's race/. sex crfdy?! Wit" 4 f oc I because of is own opinion ANS: Sectioi(4 6, Rula
ft 4,
J-egarding the guilt of said ,sons -2 ''' /.\ - ..ii
38 of ifa, RuOi of Courr,PAides:tthat experienced and
:4. --;,•.;
impartial attorneys-may beinVited byithe court to appear as-amicus curiae to help in the
\ disposition of issuei'ttbmitted to .it (A/4-ido v. Manio, Jr., A.M. No. RTJ-98-1416,
Q: What are the cspstituhl an,ets hatantimb sesAhat bol der the duty to August 6, 1999). ‘t1
render legal services
IA
thdy?
to nee
),
ANS: Section 11, Article III of he Constitution=prov4desithat ree access to the courts Rule 14.03: A lawyer may not refuse"tolaccept,repreientation of an indigent client
and quasi-judicial bodies "a (a,cfeiluat le a&d'ssktance4hall not be denied to any unless:
person by reason of poverty. ' 1.„, 1
- ,,,,,,
- ,01" 1. He is not in a`p6,75tioliio carry out the work effectively or competently; or
2. He labors underejrconflict of interest between him and the prospective
Meanwhile, the following are examples of statutes and bar matters enacted to bolster client, or between a present client and the prospective client.
the duty of a lawyer to render legal services to the needy;
Q: Who is an indigent litigant?
1. R.A. No. 9999, titled the Free Legal Assistance Act of 2010 was enacted to ANS: An indigent litigant is one whose gross income and that of his immediate family do
guarantee free legal assistance to the poor, and to ensure that every person not exceed an amount double the monthly minimum wage of an employee and who do
who cannot afford the services of a counsel is provided with a competent and not own real property with a fair market value as stated in the current tax declaration of -.11147,1
independent counsel preferably of his/her own choice; more than P300,000 (RULES OF COURT, Rule 141, Sec. 19).

2. The Rule on Mandatory Legal Aid Service (B.M. No. 2012) was issued to enhance Q: What are considered as serious and sufficient causes to validly decline an
the duty of lawyers to society as agents of social change and to the courts as appointment as counsel de officio or amicus curiae?
officers thereof by helping improve access to justice by the less privileged members ANS: Any of the following may constitute a sufficient cause under Rule 14.02:
of society and expedite the resolution of cases involving them. Every practicing 1. In case the lawyer cannot handle the matter competently; or
lawyer is required to render a minimum of sixty (60) hours of free legal aid services 2. In case of conflict of interest (CPR, Canon 14. Rule 14.03).
to indigent litigants in a year. Said 60 hours shall be spread within a period of
Rule 14.04: A lawyer who accepts the cause of a person unable to pay his
twelve (12) months, with a minimum of five (5) hours of free legal aid services each
professional fees shall observe the same standard of conduct governing his
month. However, where it is necessary for the practicing lawyer to render legal aid
relations with paying clients.
service for more than five (5) hours in one month, the excess hours may be

726 727
Canon 15: Duty of Candor, Fairness and Loyalty To Clients Rule 15.03: A lawyer shall not represent conflicting interests except by written
Canon 15: A lawyer shall observe candor, fairness and loyalty in all his dealings consent of all concerned given after a full disclosure of the facts.
and transactions with his clients.
Q: What are 3 tests to determine whether conflicting interests exist?
Q: What is the confidentiality rule? ANS: The 3 tests to determine whether conflicting interest exists are as follows: (PCS)
ANS: The confidentiality rule mandates that an attorney is not permitted to disclose 1. Use of Prior knowledge obtained- whether the lawyer would be called upon in
communications made to him in his professional character by a client, unless the latter the new relation to use against a former client any confidential information
consents. This obligation to preserve the confidences and secrets of a client arises at acquired through their connection or previous employment (Gonzales v.
the inception of their relationship. It even survives the death of the client (Genato v. Cabucana, A.C. No. 6836 (Resolution), January 23, 2006).
Silapan, A.C. No. 4078, July 14, 2003). 2. Conflicting Duties - whether a lawyer is duty-bound to fight for an issue or
claim in behalf of one client and, at the same time, to oppose that claim for the
Rule 15.02: A lawyer shall be bound by the rule on privileged communication in other client (Anion v. Sabitsana, Jr., A.C. No. 5098, April 11, 2012); and
respect of matters disclosed to him by a prospective client. 3. Invitation of Suspicion - whether the acceptance of a new relation would
prevent the full discharge of the lawyer's duty of undivided fidelity and loyalty
Q: What are the requisites for the rule on privileged communication between an to the client or invite suspicion of unfaithfulness or double-dealing in the
attorney and his client to apply? performance of that duty (SantcskSr., v. Beltran, A.C. No. 5858, December 11,
ANS: The following are the requisites fo/D ruAr'privileged communication to apply: 2003); s.
(PAC) .
1. The legal advIceliatt sought.fmnaaa.attouy-in4i,is Professional capacity. Q: Can a lawyer represent confpOing:O§rests?
2. There exisjs'A Att4snefaient relationshikfor a,i pmective attorney-client ANS: As a general rule, a lawyet001400present conflicting interests. However, he
relationshiP, aOys b ..reasifiTTratthis4elationStip t a the client made the may do so by acquiring the writteiVo'sgespol,„ all concerned given after the full
commu9iZioticand TO) disclosure of facts (CPR, Canort15, ROIp
3. The clipnt made the communication viConfidence "menez v. Francisco, A.C.
No. 73,37tembrr 10, 2011)c:',
4' Z.
Rule 15.04: A lawyermay, with theAiritten consent of all concerned, act as
mediator, conciliatorbrarbitrator in4ailing disputes.
Q: When is cqlmmupicationlponsAerad#,nfitIqntial 10-4\
ANS: It is considerelconfideral ifQ,tfrefertb.-Eiformation tra spitt+q by voluntary act
i.,:q: *: . . . O.
t.,:i
., .,-. '• .
Rule 15.05: A lawyer,..-. 44 n .: advising His client, shall giVe a candid and honest
oklisclosure Iletwee
St
attorrid and client!friTcOnfidenctrad b means which, so far as opinion on ti)Fnierits_e,nd probablerestilis of the client's ase,'neither overstating
the client is rprip, :tign—t079 'third mean other than one nor understetiWtheprOpects,of the cas ceie. e. ,fr
.

reasonably ne9ssaqf or thOrk smissip bfithp. m tionior the accomplishment of — - ..,---;•- '....t,„ Vpi 'it'
., .4' Odi .
the- purpose for Which it was git'11( arca o'vArtr..9_116'5,- .C. No. 5108; May 26, 2005). Rule 15.06: A lanyer4fle* notsrate statetipc imply that helieable to influence any
. public official, tribgnar OrlegislatiVe body.
Q: What are the eveption‘,to t[heir te_ ricvi eged so mumRabon? Note: This rule prohibits what is knowatO ,be influence-peddling (FUNA, Legal and
ANS: The rule on privilege com*ff tiNsTiroap6lioal e: (CL C) Judicial Ethics, supra aU5.3)cg
"
1. When therei%go9szUrAwgztraskent, „ek
2. When the kawl•eauireksjipclosiie;ir • ,- 4.,
Q: What is "influence;Peddlnig1
3. When disclosure iSMnade to Pr9t,poltlig.layoers rights (i.e., to collect his fees ANS: It is any agreemffL,igered into because of the actual or supposed influence
or defend himself, his employeeSrAr.assediates or by judicial action); and administrative or executiv&bffiders in the discharge of their duties, which contemplates
4. When such communications are made in contemplation of a Crime or the the use of personal influence and personal solicitation rather than any appeal to the
perpetuation of a fraud (People v. Sandiganbayan, G.R. Nos. 115439-41, July judgment of the officer on the merits of the object sought (International Harvester
16, 1997). Macleod, Inc. v. CA, G.R. No. L-44346, May 31, 1979).
Q: Give instances when a communication is not privileged.
ANS: The following communication does not constitute a privileged communication Rule 15.07: A lawyer shall impress upon his client compliance with the laws and
under the rule: the principles of fairness.
1. When the communication is made to a person who is not a lawyer (Haves v.
State, 88 Ala. 37, 7 So. 302) even if such person committed herself to render Q: What is the sanction in case of violation of this rule?
legal services (Sample v. Front, 10 Iowa 266); or ANS: A lawyer who advises his client not to obey the order of the courts is guilty of
2. When communication is made to a lawyer for some other purpose (such as contempt and misconduct. Contempt of court is defined as some act or conduct which
tends to interfere with the business of the court, by a refusal to obey some lawful order
lease) other than on account of the lawyer-client relationship (Pfleider v.
Palanca, A.C. No. 927, September 28, 1970). of the court (Laurel v. Francisco, A.M. No. RTJ-06-1992, July 6, 2010).

Rule 15.01: A lawyer, in conferring with a prospective client, shall ascertain as Rule 15.08: A lawyer who is engaged in another profession or occupation
soon as practicable whether the matter would involve a conflict with another concurrently with the practice of law shall make clear to his client whether he is
client or his own Interest, and if so, shall forthwith inform the prospective client. acting as a lawyer or in another capacity.

728 729
Q: What is the reason behind this rule? extent on all judgments and the execution he has secured for his client as
ANS: The objective of this rule is to avoid confusion (FUNA, Legal and Judicial Ethics, provided for in the ROC. (Please refer to discussion on attorney's retaining or charging
supra at 255). Likewise, certain ethical considerations governing the client-lawyer lien.)
relationship may be operative in one case and not in the other (Report of the IBP
Committee, p. 84). Rule 16.04: A lawyer shall not borrow money from his client unless the client's
interests are fully protected by the nature of the case or by independent advice.
(Please refer to the previous discussion on prohibition and/or restrictions in the practice Neither shall a lawyer lend money to a client except, when in the interest of
of law). justice; he has to advance necessary expenses in a legal matter he is handling for
the client.
Canon 16: Duty to Hold in Trust Moneys and Properties of Clients
Q: May a lawyer transact business with his client?
Canon 16: A lawyer shall hold in trust all moneys and properties of his client that
ANS: Yes. A lawyer is not barred from dealing with his client. But the business
may come into his possession.
transaction must be characterized with utmost honesty and good faith. The measure of
Note: Lawyers are not allowed to purchase, even at a public or judicial auction, the
good faith which an attorney is required to exercise in his dealings with his client is a
property which may be the object of any litigation which they may take part by virtue of
much higher standard than is required in business dealings where the parties trade at
their profession (CIVIL CODE, Art. 1491, par. (5)).
arm's length. However, business transactions
r between an attorney and his client are
disfavored and discouraged by the poltcr9fthe law. This rule is founded on public policy
Q: What are the elementi for irl: 149;apply"N
t5) to „
for, by virtue of his office, an attOeyAlfjp,an easy position to take advantage of the
ANS: The rule forbidding n-attorneyqrney from- urclidsi g is client's property or interest in credulity and ignorance of presumption of innocence or improbability
litigation involves fouplemeslia•.,,Lapep,
of wrongdoing is considered in an atterileY favor (Nakpil v.. Valdez, A.G. No. 11483,
1. There mu)t be ationshipi,
October 03, 2017).
2. The Pray,* orkipt(resttWthe clipt mus ejnilkgationi
3. The attprnelayes pfirt as Counsel iriVe case; aliq't
Canon 17: Duty of Fidelity to Client's Cause
4. The ittorne iby himself or tdrirdygli another Pus? such property or t.
interelistd5ng the ppridency_ottbeAtigation Canon 17: A lawyer owes fidelity to,thecause of his clien6and he shall be mindful
of the trust and confidencb reposed in him.
- • 01, , y ft'd
This prohibition is Ati§OLUTq andtql11/14N4Nyt Thiq extendi to schemes intended to -4.. N1./4
circumvent they I8V`''The pojiiibition o474.11:cljase is ilkeri-ibracqlol include not only Canon 18: Dutylif 'Competence and Dilig ence
sales to privati in Niguel AutNalso-publief6Pjudicial saley (Inire: Suspension from the
• .4 •
Canon 18: klawyer sliOlk..serve his client with .07:75: and diligence.
Practice of La .1.31-Fii Te (to of Guam prAgy An' G. Maquerl-a, B.M. No. 793
• 071
(Resolution), Julc,30, 2004). Q: How can a lawyer,provide full p,rptecffir of client's' interests?
ANS: The full priiitOctioq'tt,thp client'sinterests
, requires no less than a mastery of the
Q: Does the prohtbition againsaale_qps lawyer and a client applicable law andighe facts, involved in a case, regardless of the nature of the
apply to assignment of riglits?-0.( ..L.
4EN assignment (Javellani::,,y. 0tero, G.R. 11).14 ,',03956, July 21, 1967) and keeping
ANS: Yes. The prohlbitipin110eskti~e cc
a t of quii4R9 litassignment to lawyers, with constantly abreast of ttielatest jiArisapruriencleilelcipments in all branches of the
respect to the property and`rightshich Tay, bethAeV objrany litigation in which they law (De Roy v. CA, G.IgNo. 807«1,9 (Resolution), January 29, 1988).
may take part by virtue of tlieir, rofession (CilikOODEfArt. 1491 par. (5)). .4 A
Q: What is the standard'oOare required of a lawyer?
Rule 16.01: A lawyer shall account for all money or property collected or received ANS: The standard required is that of a good father of a family. Practice of law does not
for or from the client. require extraordinary diligence or that "extreme measure of care and caution which
persons of unusual prudence and circumspection use for securing and preserving their
Q: May the lawyer raise as defense his attorney's lien in order to relieve himself of rights (Edquibal v. Ferrer, Jr., A.C. No. 5687 (Resolution), February 3, 2005).
the duty to account for all the money and property of his client?
ANS: No. The lawyer is not relieved of the obligation to make a proper accounting even Rule 18.02: A lawyer shall not handle any legal matter without adequate
if he has an attorney's lien over the client's moneys or funds in his possession (Daroy v. preparation.
Legaspi, A.C. No. 936, July 25, 1975). He is allowed however to apply so much of the
funds as may be necessary to satisfy his lawful fees and disbursements subject to the Rule 18.03: A lawyer shall not neglect a legal matter entrusted to him, and his
condition that he shall promptly notify his client (CPR, RULE 16.03). negligence in connection therewith shall render him liable.

Rule 16.02: A lawyer shall keep the funds of each client separate and apart from Q: Is presumption of negligence applicable?
his own and those of others kept by him. ANS: No. In the absence of contrary evidence, a lawyer is presumed to be prompt and
diligent in the performance of his duties and to have employed his best efforts, learning
Rule 16.03: A lawyer shall deliver the funds and property of his client when due or and ability in the protection of his client's interests and in the discharge of his duties as
upon demand. However, he shall have a lien on the funds and may apply so much an officer of the court (People v. Manta war, G.R. No. L-1248, April 30, 1948).
thereof as may be necessary to satisfy his lawful fees and disbursements, giving
notice promptly thereafter to his client. He shall also have a lien to the same

730 731
Q: Does the lawyer's negligence bind the client? respond within a reasonable time to the client's request for information (Abiero
ANS: Generally, yes. However, there are exceptions, such as when the reckless or v. Juanino, A.C. No. 5302, February 18, 2005).
gross negligence of counsel deprives the client of due process of law, or when the
application of the general rule results in the outright deprivation of one's property or Canon 19: Duty to Represent Clients with Zeal within Legal Bounds
liberty through a technicality (Dimarucot v. People, G.R. No. 183975 (Resolution),
September 20, 2010). Canon 19: A lawyer shall represent his client with zeal within the bounds of the law.

Q: What could be an adverse effect of inadequate preparation of the lawyer? Rule 19.01: A lawyer shall employ only fair and honest means to attain the lawful
ANS: Any attempted presentation of a case without adequate preparation distracts the objectives of his client and shall not present, participate in presenting or threaten
administration of justice and discredits the bar. Careless preparation, moreover, may to present unfounded criminal charges to obtain an improper advantage in any
case or proceeding.
cast doubt upon the lawyer's intellectual honesty and capacity (AGPALO, Legal and
Judicial Ethics, supra at 221). A lawyer's inability to properly discharge his duty to his Rule 19.02: A lawyer who has received information that his client has, in the
client may also mean a violation of his correlative obligations to the court, to his course of the representation, perpetrated a fraud upon a person or tribunal, shall
profession, and to the general public (Emiliano Court Townhouses Homeowners promptly call upon the client to rectify the same, and failing which he shall
Association v. Dioneda, A.C. No. 5162, March 20, 2003). terminate the relationship with such client in accordance with the ROC.
Rule 18.01: A lawyer shall notourcerlegal service, which he knows, or Rule 19.03: A lawyer shall not allowhis ,client to dictate the procedure in handling
should know, that he Vot qtalifieli t to rp151-erptlowrer, he may render such the case.
service if, with the copsvt ,oqus-clienehe canobtain as collaborating counsel a
lawyer who is competeneoraherniliter. Q: What is the extent of this duty!
/4.?' _,,,....... .li ANS: The rule speaks of procedure only In brief in matterclpf procedure, where he is
Q: Who is a collapplcounsel?tinsel? 4, skilled, he is in control but not as (Rtlje,i-sibjdeMptter Otnibe case (PINEDA, Legal
ANS: A collaboratin.eco ' nsef is one?Nh,chs gffisequently On aged, to assist a lawyer Ethics, supra at 311). n9in
already handling% particular case fora diet (P)NEDAkegakEthics,)supra
.t t a i
at 291). The
same diligence/ required of (he-first-coil;
al-is_requi d of thaucollaborating counsel f,•!,
Q: A client wants totupp9a1 but thgtlaver believes thaqthip appeal is frivolous.
(Sublay v. NLI1C,G1 No. 1301044.,Janya; 31r,2000) 11......4 ti May the lawyer refuse-to file An.,,appeal or move to dismiss an appeal already
--;',, ' !,lij filed? •
anytime?
May the lavereobtain„thhhelprOkalcOil*Oratin cp_ounsedlanyfime? ANS: No. EveVria lawyeObelieves that ttie, appeal of his client i§':.frivolous, he cannot
ANS: No. Engagiiibit6e dem es_aLasiillabbrating_ccitin5"el
„ 1 requires t, e consent of the
move to dismics,tlie apppaj without thi consent of his client. His remedy is to withdraw
client (CPR, Rbe(193;01k ,,
,e3 FA 10, from the case,
(Peop/ea,t7:P;;garo R. NoP930026-274fluly,24M99.1fr
-4.„t
, •

Rule 18.04: A lawyer s4all e‘fp he cligntipfore of the status of his case and
"... / , • (For Canon 20:'Eleasa,see'discus$ion till Attorney's Fees on the later part of this
shall respond wi hin a re sona le*e494123;:cuents request Mr information. Book). 4c,
N„)
Q: Cite a specific duty of a,frla ye underghit-Yule V,7471:,
Canon 21: Duty to PreServeTlient's CorifideriCan=;,
ANS: He should notifyshiVieqt,o arradverse.deci ict,w011, ithin the period to appeal ply

to enable his client to aide hether Itoan2ppellate review. He should Canon 21: A lawyer shall preserve the confidence and secrets of his client even
communicate with him concamiug thAivithdra alotif appeal with all its adverse after the attorney-clieritrelatibrPis terminated.
consequences. The client is entitla,lertheffulles disclosure of the mode or manner by ..4*24$
which his interest is defended (AGPALO, Legal and Judicial Ethics, supra at 230). Rule 21.01: A lawyer shall not reveal the confidences or secrets of his client,
except: (ARC)
Q: What is the doctrine of imputed knowledge? 1. When Authorized by the client after acquainting him of the
ANS: It provides that any fact a lawyer acquired during the existence of the attorney- consequences of the disclosure;
client relation and while acting within the scope of his authority, is imputed to the client 2. When Required by law; and
(Heirs of Falame v. Baguio, A.C. No. 6876 (Resolution), March 7, 2008). 3. When necessary to Collect his fees or to defend himself, his employees
or associates or by judicial action.
Q: What are the exceptions of this doctrine?
ANS: The following are the exceptions to the doctrine of imputed knowledge: Q: What does "confidence" mean?
1. If strict application might foster dangerous collusion to the detriment of justice; ANS: It refers to information protected by the attorney-client privilege under applicable
2. Service of notice upon party instead of upon his attorney is ordered by court; law (American Bar Association (ABA) Model Code of Professional Responsibility,
3. Notice of pre-trial is required to be served upon parties and their respective Disciplinary Rule 4-10, par. (a)).
lawyers; and
Q: What does "secret" mean?
4. In appeal from the lower court to the RTC, upon docketing of appeal. Failure to ANS: It refers to other information gained in the professional relationship that the client
appeal to CA despite instructions by the client to do so constitutes inexcusable
negligence on the part of the counsel. Canon 18, Rule 18.04 of the CPR has requested to be held inviolate or the disclosure of which would be embarrassing or
detrimental to the client (ABA Model Code of Professional Responsibility, Disciplinary
requires a lawyer to keep his client informed of the status of the case and
Rule 4-101, par. (a)).

732 733
Rule 21.03: A lawyer shall not, without the written consent of his client, give 3. Where the government's lawyers have no case against an attorney's client
information from his files to an outside agency seeking such information for unless, by revealing the client's name, the said name would furnish the only
auditing, statistical, bookkeeping, accounting, data processing, or any similar link that would form the chain of testimony necessary to convict an individual
purpose. of a crime, the client's name is privileged (Regala v. Sandiganbayan, G.R. No.
105938, September 20, 1996).
Q: Who are the persons covered by attorney-client privilege?
ANS: The following persons are covered by the attorney-client privilege: Rule 21.05: A lawyer shall adopt such measures as may be required to prevent
1. Lawyer; those whose services are utilized by him, from disclosing or using confidences or
2. Client; and secrets of the clients.
3. Third persons who by reason of their work have acquired information about the
case being handled such as: Rule 21.06: A lawyer shall avoid indiscreet conversation about a client's affairs
a. Attorney's secretary, stenographer and clerk; even with members of his family.
b. Interpreter, messengers and agents transmitting communication; and
c. An accountant, scientist, physician, engineer who has been hired for Rule 21.07: A lawyer shall not reveal that he has been consulted about a particular
effective consultation (RULES OF COURT, RULE 130, Sec. 24(b)). case except to avoid possible conflict of interest.
--0.--r-7----°.-.,,,-._ 4.415,
o-npresumed from the mere existence of
Q: Is the confidentiality of communicati Q: Is a client's admission of his, c.44mrnission of fraud or a crime made during a
attorney-client relationship? t--) Pki r 7N )1 drinking spree covered by the attorney client privilege?
ANS: No. The mere reigipoNgcney-an diet-At dg5s.not raise a presumption of ANS: No. It is not covered by thealtotey;Cilent privilege. The privilege exists when the
confidentiality. The dirt nws -innd the commurii ation to\ V confidential (PINEDA, communication is made on accoug-0,00$blished lawyer-client relationship, or when
Legal Ethics, supr at 2ct )-
it is the subject matter of why the elieOlia.0bmgh ‘the lawyetls legal advice. Such is not
4 7' the case when the admissiorkJemdowaderrikoomrF:61for example (Mercado v.
Q: What is the Fxtentio the i,pri vilege? sl:, iP.:. i Vitriolo, A.C. No. 5108, Maya6, 2005)
ANS: The privi1 ege continues to exist 9ve,:ri,,after the terminattieraf the attorney-client
relationship. It outlasts the ilawyer's engagement. Ike privjlege0 character of the Canon 22: WithdrawalTbf Services .Y
communication ceases only w‘hen'VatVpd:iby, fligalent imselrer after his death, by the
heir or legal re reentative Baldwirizif,,,C2p/-44 of Internal Rev nuer$125 F 2d 812, 141 Canon 22: A lawyrerA a)14kyithdraw hiSAservices only for good cause and upon
L'RA 548). notice approprjate in the CirCurnstanceS4
.r n \-,-, . -.,
_ -
,., /,
'' , Rule 22.01: 'A'S,"Awyer'ii`i'aX
Rule 21.04: A fwyer Tay close ke affarr.s7ofe_cf ent of the firm to partners or 4 14. withdraw his services'in'an rof•the -following case:
(1V1M-FE0) •,
:_by the'CiiAt'.
associates thereof unless pri:lirlitl s ;': i 1 44. .; J
1. When 't4g,_#11ent-Vursuesl' an WIlegal or immoral course of conduct in
Q: May the lawyenrefuse to discIfir,thmAme,9fithe;client? connection` the matter he r& handling;
Z When the client i9, iflsts that thWilavierpursue conduct Violative of these
ANS: As a general itt, thep yirtria0ftiT-Iirike,ffieVr,iyilege and refuse to divulge
the name or identity D his clie'ITSA(Rega/a<- ,alldiga bgyan, G.R. No. 105938, canons and :Wes
September 20, 1996). () ‘ 3. When his Inability to4ii ! olk-Vfli& -P-JOUWI'' .V ill not promote the best
interest of th4lienek'?
Q: What are the reasons behind this rule 4. When the MeritalAphysical condition of the lawyer renders it difficult
ANS: The following are the reasons behind this rule: for him to carry out the employment effectively;
1. The court has a right to know that the client whose privileged communication is 5. When the client deliberately fails to pay the Fees for the services or fails
sought to be protected is flesh and blood; to comply with the retainer agreement;
2. Due process considerations require that the opposing party should know the 6. When the lawyer is Elected or appointed to public office; and
adversary; 7. Other similar cases.
3. The privilege pertains to the subject matter of the relationship; and
4. The privilege begins to exist only after Attorney-Client relationship has been Q: What are the other causes of termination of attorney-client relationship?
established hence it does not attach until there is a client (Regala v.
ANS: The following are the causes of termination of the attorney-client relationship: (CT-
Sandiganbayan, G.R. No. 105938, September 20, 1996).
WID5E)
1. Conviction of a crime and imprisonment of lawyer;
Q: When may the lawyer refuse to disclose the name of his client? 2. Full Termination of the case;
3. Withdrawal of lawyer under Rule 22.01 of CPR;
ANS: A lawyer may refuse to disclose the name of his client in the following instances: 4. intervening incapacity or incompetence of the client during pendency of case;
1. Client identity is privileged where a strong probability exists that revealing the
5. Death of client;
client's name would implicate that client in the very activity for which he sought
6. Death of lawyer;
the lawyer's advice;
7. Declaration of presumptive death of lawyer;
2. Where disclosure would open the client to civil liability, his identity is privileged;
8. Discharge by client;
9. Disbarment or suspension of the lawyer from the practice of law; and

734 735
 4F4KO•

10. Appointment or Election of the lawyer to a government position which prohibits Q: What are the duties of a discharged lawyer or one who withdraws from the
private practice of law (PINEDA, Legal Ethics, supra at 380). engagement?
ANS: A discharged lawyer has the duty to:
Q: May the client terminate the attorney-client relationship at will? 1. Immediately turn-over all papers and property to which the client is entitled;
ANS: Yes. The client has the right to terminate attorney-client relationship at any time and
with or without just cause. Just cause is material only in determining compensation (Aro 2. Cooperate with his successor in the orderly transfer of the case (FUNA, Legal
v. Nallawa, G.R. No. L-24163, April28, 1969). and Judicial Ethics, supra at 374).
Q: What are the limitations to client's right to discharge his counsel? Attorney's Fees
ANS: The following are the limitations to client's rights in discharging a counsel:
1. Client cannot deprive counsel of his right to be paid for services rendered if Canon 20: A lawyer shall charge only fair and reasonable fees.
dismissal is without cause;
2. Client cannot discharge counsel as an excuse to secure repeated extensions Rule 138, Sec. 24: Compensation of attorneys; agreement as to fees. - An
of time; attorney shall be entitled to have and recover from his client no more than a
3. When a lawyer is employed as a legal adviser of a corporation requiring him to reasonable compensation for his services, with a view to the importance of the
observe office hours and 1..on. retainer basis, the employer may only subject matter of the controversy, 01elextent of the services rendered, and the
discharge the lawyVn accordgnc with or laws; and professional standing of the att9p10:"No court shall be bound by the opinion of
4. Notice of discDprgp iNequi ed ifcer ps b, cLurt and adverse party are attorneys as expert witnesses 0,6tAtlii).proper compensation, but may disregard
concerned ( GP42.0,4and-Judicipl Ethics, supra at 371-372). such testimony and base its CpriCkr*pcp44on its own professional knowledge. A
written contract for services shall control the amount to be paid therefor unless
Q: Is there a need/ or t ei ourp.apprbliArira.lawyerkvithdraN from a case? found by the court to be unconscionable ordifreasonableil;
ANS: It depends, rny orney's vOhdraVval\vyvith ciient x,c9:6sent needs no court t- ,t7j1
.A
approval. Courtfipprov'91 is ydispensableonlyqf the vithdreal is\Nithout the client's Q: What are the two concepts of attorney's fees?
consent (Araqulo v. Fourt of Appeals,, OR. No. 105p98, Sepeaker 17, 1993). The ANS: The two conceptS*:Of attorney'sfee4re:
reason for the cliesTs conseniwthat, the ielatior isTip b tween t e
two of them is based 1. Ordinary concept and „
on contract. \ \--.--- _,.. Iti'l! f_: -7:' 2. Extra-ordinary concept v. De Guzmon, G.R. No. 191247, July 10,
.,2•,, ),,; 2013) 47
ir
Q: May a lawyterroi,ver-Iiii1fees eveliA els term*Oleid with jus.thcause? t'•
ANS: Yes. ThertidiscliiargelF0 awyere; o s,not
.,.." necessarily
.90 ./. / #
depr4yeithe
. . lawyer of his Q: What is trielbrdinaryconcept of attorney's fees?qtr
right to be paid orPhOservi eg. e may •nly.te-dep,,..., n ed of uch right if the cause for ANS: It is the reasonable' compensation paid to the la yerfthe
Ae.- ' figgal services
• he had
this dismissal constitute icie t legerCib‘sta6le
-, to recovery (AGPALO, Legal rendered in favor,4 his client: The basis compensataft'the fact of employment
and Judicial Ethics supra by the client (PCL Stripping Philippines, NLRC, G.R. No. 148418, July 28, 2005).
Q: May a lawyer recover his fees
• Scie.. F%-r\'?
rminped withoutjust cause? Q: What is the extra-orslInary conceptet VT:neaten?
ANS: It depends. The folVirrg)juless-must.be=ob§ery00, ANS: It is an indemnity* damageebrd4eii. bYltiediitittIO be paid by the losing party
1. If he is terminated*vithoLit just 'baype;:tql\tiAlo-,press written agreement as to to the prevailing party irglitigatie.ghe basis of this is any of the cases authorized by law
fees, he may receive-A-a...reasonable. .raft.ia..of-ihis services up to the date of his and is payable not to thetRyyys-r but to the client unless there is an agreement that the
dismissal (quantum meruit); award shall pertain to the lawyer as an additional compensation or as part thereof (PCL
2. If he is terminated without just cause but there is a written agreement and the Shipping Philippines, Inc. v. NLRC, G.R. No. 148418, July 28, 2005).
fee stipulated is absolute and reasonable, he may receive the full payment of
compensation; Q: What are the requisites to be entitled to attorney's fees?
3. If he is terminated without just cause, and he is dismissed before the ANS: The following are the requisites for a lawyer to be entitled to attorney's fees:
conclusion of the action, he shall receive a reasonable value of his services 1. Existence of attorney-client relationship; and
(quantum meruit); and 2. Rendition by the lawyer of services to the client (Philippine Association of Free
4. If he is terminated without just cause due to a contingency of the client Labor Unions (PAFLU) v. Binalbangan Isabela Sugar Co., G.R. No. L-23959,
preventing its occurrence, he shall receive the full amount of his services November 29, 1971).
(AGPALO, Legal and Judicial Ethics, supra at 403).
Q: Is a pauper-litigant exempted from paying attorney's fees?
Rule 22.02: A lawyer who withdraws or is discharged shall, subject to a retainer ANS: No. A plaintiff who files a complaint as a pauper while exempted from payment of
lien, immediately turn over all papers and property to which the client is entitled, legal fees is not exempted from payment of attorney's fees (Cristobal v. Employees'
and shall cooperate with his successor in the orderly transfer of the matter, Compensation Commission, G.R. No. L-49280, April 30, 1980).
including all information necessary for the proper handling of the matter. (Please
refer to the discussion on retaining lien.)

736 737
Q: What are the factors in determining the amount of attorney's fees? Its purpose is to prevent undue hardship on the part of the attorney resulting from the
ANS: Under Rule 20.01 of the Code of Professional Responsibility, the following factors rigid observance of the rule forbidding him from acting as counsel for the other party
must be considered in determining the amount of attorney's fees: (C3AP2TINS) after he has been retained by or has given professional advice to the opposite party
1. Contingency and certainty of compensation; (AGPALO, Legal and Judicial Ethics, supra at 187).
2. Character of the employment, whether occasional and established;
3. Customary charges for similar services and the schedule of fees of the IBP Contingency Fee Arrangements
Chapter to which he belongs; Q: How is a contingency arrangement contracted?
4. Amount involved in the controversy and the benefits resulting to the client from ANS: A contingent fee may be agreed upon with a plaintiff or a defendant in a civil suit;
the service; it may also be stipulated with an accused in a criminal prosecution (AGPALO, Legal and
5. Probability of losing other employment as a result of acceptance of the Judicial Ethics, supra at 409).
proffered case;
6. Professional standing of the lawyer; Q: Is contingent fee prohibited?
7. Time spent and extent of the services rendered or required; ANS: No. In this jurisdiction, a contingent fee is not prohibited by law and is impliedly
8. Importance of subject matter; sanctioned. It is, however, closely supervised by the court to safeguard the client from
9. Novelty and difficulty of questions involved; and unjust charges or abuse on the part of his counsel (Licudan v. CA, G.R. No. 91958,
10. Skill demanded of a lawye r the.taajity of the lawyer's experience provides January 24, 1991).
him the skill and corer aadralred4n.ra-wy‘s. Note: A much higher compensation, is5*Ilgyed as contingent fees in consideration of the
Note: The guidelines in determine attorapysleps laseciton quantum meruit are the risk that the lawyer will get nothing;_ ithesOlt
same with the guidelinef en ionectabove.
• ,;.:. fails (AGPALO, Legal and Judicial Ethics,
supra at 408).

Q: What are the two1 ‘ )'.0.4,att9xney'slaTiffarbe a'

ay It is not unusual in a contingent fp:0 Crinricactithptlarlient pays initial fee either before
ANS: Attorney's tepipaNifeithpr be pMd ap\-a: or during the progress of initial be a retaining fee which
1. Fixed orAbsokite Fee --whiCh is4ppyalle regari dlessWe result of the case: is independent of or in addition to the contingent feelAGPALO, Legal and Judicial
a. Affixed fee paypble per Appearance; Ethics, supra at 409). gt
b. A fixed fee con1puted upon Fe-Nri r11b--
er o Hourstlatat; . .
c. Axed ee based dii:pie-ceWorkr5W Q: What is champerta:
F.;
d. Combination of ANS: Champertydscharactprized by th9 elreceipt of a „sharp °tithe proceeds of the
ti litigation by theliritermeddler.Some',comcommon law courtfdeciSions%add that the lawyer
2. Contingen e -CINV, is coratiOred on seciii ig a (favorable judgment and
", poky blOkerty and hei
recovery ,a,nnou hic maybe on a percentage must also, 61 ,5hit ownexpense maint aral, and taket all the risks of the litigation
basis (PI EDA, egarcs , 4, 119 at 324) (Cadavedov. ayr, 173188, lanbary 15 '2014)

Acceptance Fees:
Q: Is champerty alipwed$:,
ANS: No. It is a prohibited '.arrangement pecause it violates the fiduciary relationship
Q: What are the tWo,‘(2) conteVs.otsegKeig..-`-- between the lawyer anOkthe4jent (CpdpvP. 1 ,,2.7?,qp.:.y f.,,.,G.R. No. 173188, January 15,
ANS: The two conceptq.,solil
f!e.iai era 2014).
1. Retainer agree erPetvyeen heelTtye A and e client whereby the latter
ot-.A
engages the services of' the fiwis to legal advice or to defend or Attorneys Liens
prosecute his cause in courti...and
Rule 16.03: A lawyer shaltaliver the funds and property of his client when due or
2. Retainer fee which a client pays to the attorney (AGPALO, Legal and Judicial
Ethics, supra at 186). upon demand. However, he shall have a lien on the funds and may apply so much
thereof as may be necessary to satisfy his lawful fees and disbursements, giving
Q: What are the different kinds of retainer agreement? notice promptly thereafter to his client. He shall also have a lien to the same
extent on all judgments and the execution he has secured for his client as
ANS: The following are the different kinds of retainer agreement:
provided for in the ROC.
1. General retainer - the fee paid to a lawyer to secure his future services as
"general counsel" for any ordinary legal problem that may arise in the ordinary Q: What is a charging lien?
business of the client and referred to him for legal action. The client pays fixed ANS: A charging lien is an equitable right to have the fees and lawful disbursements
retainer fees, which could be monthly or otherwise. The fees are paid whether due a lawyer for his services in a suit secured to him out of the judgment for the
or not there are cases referred to the lawyer; or payment of money and executions issued in pursuance thereof in the particular suit
2. Special retainer - fee for a specific case or service rendered by the lawyer for (Metrobank v. CA, G.R. No.86100-03, January 23, 1990).
the client (AGPALO, Legal and Judicial Ethics, supra at 405-406).
Q: Is a charging lien enforceable immediately?
Q: What is a retaining fee? ANS: No. A charging lien, to be enforceable as a security for the payment of attorney's
ANS: A retaining fee is a preliminary fee paid to insure and secure his future services, fees, requires as a condition sine qua non a judgment for money and execution in
to remunerate him for being deprived, by being retained by one party, of the opportunity pursuance of such judgment secured in the main action by the, attorney in favor of his
of rendering services to the other party (Id.). client (Metrobank v. CA, G.R. No.86100-03, January 23, 1990).

738 739
Q: What are the requisites for enforceability of a charging lien? As to Effectivity
ANS: The following requisites must be present in order for a charging lien to be
enforceable: (RS-MCR) As soon as the attorney gets As soon as the claim for attorney's fees
1. Existence of an attorney-client Relationship; possession of the papers, had been entered into the records of the
2. The attorney has rendered Services; documents or property. case; partakes the nature of collateral
3. Favorable Money judgment secured by the counsel for his client; security.
4. The attorney has a Claim for attorney's fees or advances; and
5. A statement of the claim has been duly Recorded in the case with notice As to Notice
thereof served upon the client and the adverse party (AGPALO, Legal and
Judicial Ethics, supra at 452). The client need not be notified to Notice must be served upon the client and
make it effective. the adverse party.
Q: May a charging lien be assigned?
As to Applicability
ANS: As a general rule, a charging lien may be assigned or transferred without
preference thereof being extinguished except when the assignment will result in a May be exercised before judgment Generally, exercisable only when the
breach of the attorney's duty to preserve his client's confidence (AGPALO, Legal and or execution or regardless thereof. attorney had already secured a favorable
Judicial Ethics, supra at 459). judgment for his client.
A 146

Q: What is a retaining Iien'? As to Extinbuishment

ANS: A retaining lienfis -ay righ_Nerely-to=re_ain ebids;,documents, and papers
against the client uiltila t e a,ttd ney is fully paid his-gees (A PALO, Legal and Judicial When possession lawfully end.) en the client loses the action as the
Ethics, supra at 446). when the lawyer voluntariluate ay„ onlygie enforced against a
tJ ce.
17) & 31'7 with the funds, documents ands judgmentz.aw4ided in favor of the client,
Q: What are the es of retaining..ken?&L papers but NOTOwhen the, the proceeds thereof or executions
ANS: The folio the re'
c uisites of.4,reteining lien (RUP) documents have been 4mproperlyt thereon (AGPALOk Legal and Judicial
1. Attone .;pliept .Rela fiffifithip; lip, or illegally taken Afiott lawyer's „Ethics, supra at1459)A
, glaim fo attorneyyfees:ondisburs,pmentst‘ and
2. Unsatisfied and , custody (AGPALO" j'061. and
3. Lawfil Possession by the (a*Iyeleoflhe:iclientis fundsjj clout' ents, and papers Judicial EthicsFkpra ati7450).--
.11 .,-,
, 1 11
;1
in hi professio apacity ' GOA°, LeolF;end Judicial Ethics, supra at
447). cr) 1
re ..1,e, • ,*:- ' ,,,-, Fees and Controversies with Clients
, ,-..,',.•
:Q: What are the differeues kelweep-a r?ta9n 'and charging lien? Rule 20.02 - A Pawpf,lhall, in ca.se ofrr4ferral, with the consent of the client, be
ANS: The differences betwken theA cilie4s,are asThlows/ i entitled to a division or:. fees, in Proportion to the work performed and
‘ / c• A ...e
diianikigt.yen responsibility assumed.
Retaining Lien' •

. • •
As toNature • • . • ••. • • Q: How should lawyers jomtly'representing a common client share in the fees
earned? ttv
Passive Lien. It cannot e,,,,
ft/1
Ac
__
1-
tiveLie
,n. It can be enforced by execution. ANS: As a general rule, wbartjawyers jointly represent a common client for a given fee
actively enforced. It is a general It i special lien. without any express agreement on how much each will receive, they will share equally
lien. as they are considered special partners for a special purpose (PINEDA, Legal Ethics,
supra at 345).
As to •
Rule 20.03: A lawyer shall not, without the full knowledge and consent of the
Lawful possession of papers, Securing of a favorable money judgment for client, accept any fee, reward, costs, commission, interest, rebate or forwarding
documents, property belonging the client. allowance or other compensation whatsoever related to his professional
to the client. employment from anyone other than the client.
As to Coverage I; Rule 20.04: A lawyer shall avoid controversies with clients concerning his
% ' • • " I. •
compensation and shall resort to judicial action only to prevent imposition,
Covers papers, documents and Covers all judgments for the payment of injustice or fraud.
properties in the lawful money and execution issued in pursuance
possession of the attorney by of such judgments; proceeds of judgment in Q: How may a lawyer recover his compensation?
reason of his professional favor of client; proceeds of compromise ANS: A lawyer may take judicial action to protect his right to fees either in the main
employment. settlement. action where his services were rendered or in an independent civil suit against his client
(Heirs and/or Estate of Siapian v. Intestate Estate of Mackay, G.R. No. 184799,
September 1, 2010).

740 741
 eA, ,, 4)*art

Quantum Meruit C SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS

Q: How is the compensation of a lawyer determined? Nature and Characteristics of DisclolinaryActionsAgafrist Lawyers
ANS: Once the attorney has performed the task assigned to him in a valid agreement,
his compensation is determined on the basis of what he and the client agreed. In the Q: Give the nature and characteristics of disbarment proceedings.
absence of the written agreement, the lawyer's compensation shall be based on ANS: The nature and characteristics of disbarment proceedings are as follows:
quantum meruit, which means "as much as he deserved." The determination of 1. Disbarment proceedings against lawyers are sui generis, or a class of its own.
attorney's fees on the basis of quantum meruit is also authorized "when the counsel, for They are:
justifiable cause, was not able to finish the case to its conclusion." Moreover, quantum a. Neither purely civil nor purely criminal because they do not involve a
meruit becomes the basis of recovery of compensation by the attorney where the trial of an action or a suit, but are rather investigations by the Court into
circumstances of the engagement indicate that it will be contrary to the parties' the conduct of one of its officers;
expectation to deprive the attorney of all compensation. Nevertheless, the court shall b. NOT a criminal prosecution because they are not intended to inflict
determine in every case what is reasonable compensation based on the obtaining punishment. The real question for determination is, whether or not the
circumstances, provided that the attorney does not receive more than what is attorney is still a fit person to be allowed the privileges as such; and
reasonable, in keeping with Section 24 of Rule 138 of the Rules of Court (Sanchez v. c. NOT a civil action because there is neither plaintiff nor respondent.
Aguilos, A.C. No. 10543, March 16, 2016). Public interest is their primary objective and involves no private interest.
Hence, a real party-inirSest is not required and there is no redress
Q: What does quantum .0- meruitfell "r ii- .'k. for private grievan*(Gpozates v. Alcaraz, A.C. No. 5321, September
,t„. 1 27, 2006). . f'.51.•• • r. •
ANS: Literally, the terToragt mvneruit-ine rq as nluch,,,as a lawyer deserves, its
essential requisite is .I
st-e,. accAtaAceliffh766Kefits,L3
-1 y peslught to be charged for the 2. Disbarment proceeding5a1vCopfiCential until its final determination (RULES
services rendered ,tpda4,94110;:gircumstancesos reasonqlvto racy, him that the lawyer OF COURT, RULE 139, 'S
performing the tlasji, "expecting to ,'13e —p-aTa'copaps'atioik therefor (Quilban v. 3. Double jeopardy is isia4c4110154MisCiapenellk proceeding against an
Robinal, A.M. No.A244 Apiii 10, p89)PhisTdoctri e iclvised to prevent undue attorney for the reason that alitliblrmeritttaiediti$ not partake of a criminal
enrichment based on the ertable postulate that it is unjuk for person to retain proceeding; „..,4,10-'
benefit without payjpgf for it grAders_fidy.aLBank_E ployee'sll i ri-independent v. 4. Can be initiated motu proprid,Jiyitle Supreme Court gr,lpy the IBP;
Mali /4,,/,997).11'
NLRC, G.R. No.4g562 5. Can proceedl'sia'girdless ofinterpst or lack of Intere'st'of the complainants, if
......; 1, the facts,proien sOv:arrant; 14
Q: When is quarte meruicapplid-able i c.r___, 6. It is it0f4due precis's of law;
ANS: The doc nne of qua', N erui 1 -ap livable 1 ej.ollowing instances: (NUV-JD- 7. Whdlev,er hagipaen decided'in idisbarment case cannot be a source of right
Be)
.,n‘ '''.%:", :tr‘ 1,-) .. <I /
1. Therefsi No expr s,:o3Q,.tracti f r,ply erit-o attorney's tees agreed upon
thatimay be,effoThed in':ari9ther action;
8. Penalty in diparrriant case CarinCitlbe in the alternative,;
. „

betweN the la\ yer a Clihekten ; \Ns' ,isf 9. No prejudicial,5fAtion in digbalant proceedings;
2. When *though there ism fo ma ntract or attorney's fees, the fees 10. In pad dell* rule not appliCablek
stipulated ire founthUncolon rla erV
`,.... A % N
11. No res judiaate in disbarment casagatigit..
‘k
3. When the co tract)fo is Void di.le,to purely formal defects of 12. Monetary clabs'cannot.begraktaXa*apf,
.be restitution and return of monies
execution; 1(-T. c\), and propertieed the die* thel
'Co4r6eciflhe lawyer-client relationship
/
4. When, for Justifia laia4e, theiayiyPaai Oa le to finish the case; (FUNA, Legal and Judicial Ethics, supra at 409-418).
5. When the lawyer andthe4ipizt,Djpgisd.the contract for fees (Rilloraza et al.
v. Eastern Telecommunications PBS. Inc. et al., G.R. No. 104600, July 2, Q: Does prescription applyin disbarment proceedings?
1999); and ANS: No. Laws dealing with double jeopardy or with procedure such as the verification
6. When the client dismissed his counsel Before the termination of the case of pleadings and prejudicial questions, or in this case, prescription of offenses or the
(AGPALO, Legal and Judicial Ethics, supra at 389). filing of affidavits of desistance by the complainant do not apply in the determination of a
lawyer's qualifications and fitness for membership in the Bar (Garrido v. Garrido, A.G.
Q: When is a fee considered reasonable? No. 6593, February 4, 2010).
ANS: The fee is reasonable if it is within the capacity of the client to pay and is directly Note: Rule VIII, Section 1 of the Rules of Procedure of the Commission on Bar
commensurate with the value of the legal services rendered. The judge has the Discipline of the IBP, which prescribes a two-year prescription on the filing of
discretion to determine the reasonableness of the attorney's fees which must be administrative complaints was declared null and void by the Court in Frias v. Bautista-
exercised soundly to maintain the dignity and respectability of the legal profession Lozada (A.C. No. 6656, May 4, 2006).
(PINEDA, Legal Ethics, supra at 341-342).
Q: What is the reason behind the imprescriptibility of disbarment proceedings?
Q: When is a fee unconscionable? ANS: The reasons are:
ANS: The fee is unconscionable if standing alone and unexplained, is sufficient to show
1. Admission to the practice of law is a component of the administration of justice
that an unfair advantage has been taken of the client - that is, a legal fraud had been
and is a matter of public interest because it involves service to the public. The
perpetrated upon the client. To be unconscionable, the amount if compared to the value
admission qualifications are also qualifications for the continued enjoyment of
of the services rendered must be clearly disproportionate as to be revolting to the the privilege to practice law; and
conscience (Sebreno v. CA, G.R. No. 89252 May 24, 1993).

742 743
 2. Lack of qualifications or the violation of the standards for the practice of law, Q: What acts may constitute deceit?
like criminal cases, is a matter of public concern that the State may inquire into ANS: The following acts of a lawyer are characterized as deceitful:
through this Court (Garrido v. Garrido, supra). 1. Having used a spurious SPA to mortgage and sell property entrusted to him
for administration;
Q: What are the disciplinary sanctions which may be imposed on a lawyer in case 2. Having acknowledged a Deed of Sale in the absence of the purported vendors
of professional misconduct? and for taking advantage of his position as Assistant Clerk of Court by
ANS: The following disciplinary sanctions are imposable against a lawyer for purchasing one-half (1/2) of the land covered by said Deed of Sale knowing
professional misconduct: (DIS-RAPOR) that the deed was fictitious; and
1. Disbarment; 3. Having converted to his personal use the funds that he received for his clients
2. Interim Suspension; (Tabang v. Gacott, A.C. No. 6490 (Resolution), July 9, 2013).
3. Suspension;
4. Reprimand; Q: What constitutes legal malpractice?
5. Admonition; ANS: Legal malpractice consists of failure of an attorney to use such skill, prudence and
6. Probation; diligence as lawyers of ordinary skill and capacity commonly possess and exercise in
7. Other sanctions and remedies: the performance of tasks which they undertake, and when such failure proximately
a. Restitution; causes damage, it gives rise to an action,in tort (Tan Tek Beng v. David, A.C. No.1261,
b. Assessment oftsists; T December 29, 1983). The practice of: sslii:aiting cases at law for the purpose of gain,
c. Limitatio0ron T either personally or through paid egentelbj3wokers constitutes malpractice (RULES OF
d. Appoiptmtr of a reseiveri COURT, RULE 138, Sec. 27). "
e. Re9dimerkijoarthe lawyer taalhe ar ek9 ination or professional
responSOilitlexaminat Q: What does "gross misconduOV%Mean? --The
f. Veeireipent fat thtlaWyer attend coptintlingerdusetion courses; ANS: Any inexcusable, shamptul, ortSgrsptitihlavvfill:condyct;on the part of the person
9• Othervrequirementsitliat4I-le state's highesifpurt ok‘disciplinary board concerned in the administration of justice,Ewhich is preju'didiSlfjo the rights of the parties
deemeconsiAtent with tile,Ourposes oflawyeverPops; and or to the right deternninWtion of a cadpda conduct that is generally motivated by a
"
8. RecipropOlsgipline ?BP C,ommisOlon on Bar D scipline-Gu* clines for Imposing predetermined, obstinitopintentionsrpumpse (Yumol, Jr. Y. Ferrer, Sr., A.C. No. 6585,
Lawyer Sanctions). VS.s- - April 21, 2005). '47

Grounds Q: What is agrossly immoral conduct? •

Q: What are th„e4i4inds fox barman ioAqsp/enstpp? ANS: It is a irS'ijduptyytilsh,,is willful, flagrant or shamplgss90,„which shows a moral
ANS: The grounds for el'sba erb sklnsIsOrec1DMG-0V-WCD indifference the opipio0,of the7gbod Od respectOrtierntiert of the community
1. Deceit\ (Delos Reyes v. Agnar'AiONo. 1334• Novimber 28, 19 89)?""
AKt.
2. MalpracV or oth,s4.: grqdZmis oriduct-ID sdch o ice; Goa'
3. grossly immoral condkibt•oCIFNII.n. Q: What are other statutory: grounds for disbarment?
4. Conviction of crpielnvolytg ora -pit 'de; ANS: Other statutory gr9„qrlds7for disbarrhprifflildW,
5. violation of oath*off164;7 1. Acquisition of interssf;irirtheVilbjeCt2rriatteiVAhe litigation, either through
6. Willful disobedience,of-6 lawful klericka superior court; purchase or a'Slignmefill(O/V/L CODE, Art. 1491);
7. Corruptly or willfully appeartg as attorney for a party to a case without 2. Breach of profe,seigrO duty, inexcusable negligence, or ignorance, or for the
authority so to do; and revelation of the oltent% secrets (REVISED PENAL CODE, Art. 208); and
8. Disbarment in foreign jurisdiction (RULES OF COURT, RULE 138, Sec. 27). 3. Representing conflicting interests (REVISED PENAL CODE, Art. 209).

Q: Are these grounds for disbarment exclusive? Q: What does "moral turpitude" mean?
ANS: No. The grounds for disbarment are not exclusive. The statutory enumeration is ANS: Moral turpitude has been defined: as everything which is done contrary to justice,
not a limitation on the general power of SC to suspend or disbar a lawyer. Hence, a modesty, or good morals; an act of baseness, vileness or depravity in the private and
lawyer may be removed from office, or suspended from the practice of law by the Court social duties which a man owes his fellowmen, or the society in general, contrary to
on grounds not found in the statute, as when their acts are contrary to honesty or good justice, honesty, modesty or good morals (In Re: Base, December 7, 1920).
morals or do not approximate the highest degree of morality and integrity expected of
Q: What is the effect of a lawyer's misconduct in his private capacity?
the members of the bar (Sta. Maria v. Tuazon, A.C. No. 396, July 31, 1964).
ANS: Generally, a lawyer may not be suspended or disbarred for misconduct in his non-
professional or private capacity except if the misconduct is so gross as to show him to
Q: What does "deceit" mean?
ANS: It is a fraudulent and deceptive misrepresentation, artifice or device used by one be wanting in moral character, honesty, probity and demeanor (Maligsa v. Cabanting,
A.C. No. 4539, May 14, 1997).
or more persons to deceive and trick another, who is ignorant of the true facts, to the
prejudice and damage of the party upon which it was imposed. There must be false
representation as a matter of fact (Black Law's Dictionary, Sixth Edition, p. 405). An
example is the misappropriation of client's fund.

744 745
Q: May the court discipline one of its officers even if he commits the act in his from commencement which period may be extended (RULES OF
private capacity? COURT, RULE 139-B, Sec. 8).
ANS: Yes. An attorney may be disciplined not only for malpractice and dishonesty in his b. Suspension pending action (RULES OF COURT, RULE 139-B, Sec. 15)
profession, but also for gross misconduct not connected with his professional duties, i. After receipt of the answer or lapse of the period to do so, the
which showed him to be unfit for the office and unworthy of the privileges which his SC, may, motu propio or at the recommendation of the IBP
license and the law confer to him. Professional honesty and honor are not to be
Board of Governors, suspend an attorney from practice, for any
expected as the accompaniment of dishonesty and dishonor in other relations (Enriquez
of the causes under RULE 138, Sec. 27, during the pendency of
v. De Vera, A.C. No. 8330, March 16, 2015). the investigation.
6. Findings and Recommendations of the investigator
Q: May a notice to a lawyer to show cause why he should not be punished of
a. The Investigator shall make a report to the Board of Governors within
contempt be also considered as a notice to show cause why he should not be
thirty (30) days from termination of the investigation which report shall
suspended from the practice of law?
contain his findings and recommendations together with the evidence
ANS: No. A notice to a lawyer to show cause why he should not be punished for (RULES OF COURT, RULE 139-B, Sec. 10).
contempt cannot be considered as a notice to show cause why he should not be 7. Review by Board of Governors;
suspended from the practice of law, considering that they have distinct objects and for
a. Every case heard by an investigator shall be reviewed by the IBP
each of them a different proce, dure„.is....est blished. A contempt proceeding for
Board of Governors upotthe record and evidence transmitted to it by
misbehavior in court is designer lo vind icate the. authority of the court; on the other the Investigator with, his-report.
hand, the object of a diOifilinaroprocetzrng j s fo ,aaa 'wth the fitness of the court's
Upon review, theAbardii!.by majority vote of all of its members, shall
officer to continue in tharoffic) tb pie,serve.anctp otect h9court and the public from the
recommend to thafc:§0,41thar the dismissal of the complaint or the
official ministrationsicp ekops — nfit or unworth to hold ac i office (Rodriguez v. imposition of disciPlina6),;a4Con.
Blancaflor, G.R. Nor190 1 Ma h-14720Tf).
c. The resolution shal06T.14ile_dzwitliin a period not exceeding 30 days
Proceedings PA
, X
from the next meeting!
report oftWInvestigator.
the submission of the
•i : • •
d. The ;Board's resolyliqp, together with the; ,entire records and all
Q: What are the/pscedural teps_for_diOarmentinithe IBP?-l 1
ANS: The procedural peps in disbarment proceedings are: (IAT A-1-1FIrRev) evider*a presentedind s:„bmitted, shall be transmitted to the Supreme
1. InstitIATicifithe
..d action '''''.-- . ' M, t',, c'~ I CourPorljnat,aCtion within ten (10) .daYs from issuance of the
a. roceedipgsjor the'disbwilgresusppin,,sion acid discipline of attorneys r9SOliitioniRtgES OF COURT, RULE 139-B,;SeC.:12).
ma' be takOby-the-SC-f-rhotu-proplidilif uppn the „filing of a verified . ,
dorripT\ainO:kfely'kpersaq' brofeithe S ebpthe ti BP ,r114 Q: May the ScIAIISR4sf'qqtr:ight,a compAnt for disbarment?
Irthe complairi,,filad) bafore>')h,e,.4l3):), si (6) copies of the verified ANS: Yes. When the complaint utterly lacks merit in Iiiin_laildisubs,tance (International
-P.
;petition s, al113'q'filkImithlth40,rejary 9,f, he IBP/or the Secretary of Militia of People .agaitig4Corruption &:Rilierrorism v. DaVide, Jr, A. C. No. 7197
arty of it haplerib>shall-rithwith transmit the same to the IBP (Resolution), January23;- 2007).• 4
Board of GovernorAlf AheAkgnmentto ...,- tu,.an investigator
,,, (RULES OF
---0. - 1 1
COURT, RILE1,8 43--Sec71'as.anjefided.byBar Matter No. 1645). Q: May a motion for reconsideration be fireV .. .
2. Assignment o 'cglrOldifi) to an 13'F"%trogalgilavence investigator; ANS: Yes. The IBP must firstgforil-aretigribb to eithe party to file a motion for
a. The Boarcrof Gov.e
4,„,. irnors ‘hellikpb15aroA'among the IBP members an reconsideration of the IBP resolOi§n containing its findings and recommendations within
Investigator or wherLsogc.14circumstances so warrant, a panel of three 15 days from notice of -re9ejptby the parties thereon (Ramientas v. Reyala, A.C. No.
investigators to investigate the complaint (RULES OF COURT, RULE 7055 (Resolution), July 31, 2006).
139-B, Sec. 2).
3. Determination of Merit; Q: What are the consequences of a motion for reconsideration?
a. Where the complaint appears to be meritorious, the investigator shall ANS: If a motion for reconsideration has been timely filed by an. aggrieved party, the !BP.
direct that a copy thereof be served upon the respondent, requiring him must first resolve the same prior to elevating to this Court the subject resolution together
to answer within fifteen (15) days from service of notice; and with the whole record of the case (Ramientas v. Reyala, A.C. No. 7055 (Resolution),
b. Where the complaint on its face does not merit action, or if the answer July 31, 2006).
shows to the Investigator that the action does not merit action:
i. the investigator shall recommend its dismissal to the IBP Board If no motion for reconsideration has been filed within the period provided for, the IBP is
of Governors and shall be disposed in accordance with Section directed to forthwith transmit to this Court for final action, the subject resolution together
12 (RULES OF COURT, RULE 139-B, Sec. 5). with the whole record of the case (Ramientas v. Reyala, A.C. No. 7055 (Resolution),
4. Where the respondent is directed to file an Answer, he shall file a verified July 31, 2006).
answer in 6 copies (RULES OF COURT, RULE 139-B, Sec. 6);
5. Investigation Hearing A party desiring to appeal from the resolution of the IBP may file a petition for review
a. After joinder of the issues or failure to answer, the respondent shall be before this Court within 15 days from notice of said resolution sought to be reviewed
given full opportunity to defend himself; but if the respondent fails to (Ramientas v. Reyala, A.C. No. 7055 (Resolution), July 31, 2006).
appear to defend himself in spite of notice, the investigator may
proceed ex parte. The investigation shall be terminated within 3 months

746 747
Q: Does the filing of an affidavit of desistance by a complainant have an effect on Recoverable Amounts: Intrinsically Linked to Professional Engagement
the disbarment proceeding?
ANS: No. An Affidavit of Desistance cannot have the effect of abating the instant Q: May a party who sought the suspension or disbarment of a lawyer because the
proceedings in view of the public service character of the practice of law and the nature latter was not able to pay his debt, acquired by the lawyer in his private capacity,
of disbarment proceedings as a public interest concern. A case of suspension or recover the amount loaned in the same administrative case filed?
disbarment is sui generis and not meant to grant relief to a complainant as in a civil ANS: No. The quantum of evidence in a disbarment case and in a civil action for
case, but is intended to cleanse the ranks of the legal profession of its undesirable collection of sum of money to recover debts are different from one another, deterring the
members in order to protect the public and the court. A disbarment case is not an court from ruling on the merits in the issue of recovery of the sum of money. The
investigation into the acts of respondent but on his conduct as an officer of the court and administrative complaint requires substantial evidence to justify a finding of liability,
his fitness to continue as a member of the Bar (Ventura v. Samson, A.C. No. 9608, while a civil action requires greater evidentiary standard of preponderance of evidence.
November 27, 2012). A proceeding for suspension or disbarment is not a civil action where the complainant is
a plaintiff and the respondent lawyer is a defendant. Disciplinary proceedings involve no
Q: What is the procedure for disbarment in the Supreme Court? private interest and afford no redress for private grievance. They are undertaken and
ANS: In proceedings initiated by the Supreme Court or in other proceedings where the prosecuted solely for the public welfare. The purpose of disbarment is mainly to
interests of justice so require: determine the fitness of a lawyer to continue acting as an officer of the court and as
1. The Supreme Court may lieteLthe for investigation to the Office of the participant in the dispensation of justice, arid the purpose to protect the courts and the
Bar Confidant, or to any officer of em the SupremeCourt, or judge of a lower public from the misconduct of the offigersOf the court and to ensure the administration
court; and Ai
2. The investigajjon'ajl,proceed.h.tbe.Lamg manijer,provided under Sections 6
of justice (Soso v. Mendoza, A.C. (V08776, March 22, 2015).

to 11 (pleaffig/see aid,s,ve procedure oriitivVigatiort save that the review of Q: If the debt is acquired by thellawif§rgy4virtue of an attorney-client relationship,
if,, th,brivestigator-shalt,be-co .rt:Lucted
the report/Of c clAc ly liy the Supreme Court is recovery of the amount possilileASkwrtpadministre,,tive case filed?
(RULES OR.QOJIRT,PRULE139-B, Sec 13 as ame Adecl by Bar Matter No. ANS: Yes. If the money is acquire.4.!by'arttielth7r
ofi prpfeosional relationship of the
4=4,1if I ,..,J r,+ -\'( lawyer to his client and notch his personal or privateap'acity, the same may be
1645).
. s .t recovered in the administrative case (FostOr v. Agtang, A.C.No. 10579, December 10,
ilt
Q: May an invrtigating judge-dismiss-i:case?— ..41 2014). id
ANS: An investiggidjudge 'Fannot-pisrni41.1 a, case. .,:_," The
. r inveOtigatIngoudge's
o authority
is-only to investigate i snake a reporl'Anct recommndatipn on the case' to be submitted to D. READMISSION TaTHE EAR
the SC for final4letermiratiot (Garciiiii:,VJSebastiark:3A,M. MTJ-88-160, March 30,
1994). Q: When the privilegeto practice- 1401as been,,,lost,::may',it once again be
restored? t-.:67,-to,, r4.1 ••
Q: What is the quanta of drop, ce,.qpireF17, ,- /„..,,, .7 ANS: Yes. There is no,irrArievabigIlpalitY. far as adrniOsjpilitpatie'bar is concerned.
ANS: The evidence ‘Tq.uilgti in supperqpc-:, or cilsbarmep proceedings is So it is likewise••qs.046:.:* memberships What must —e- rge-be. 6orne in mind is that
preponderance oNvidence,,,h casg the evidence thiparties are equally balanced, membership in thelhae,%Fs a'Ofivilege burcIgned with conditions. Failure to abide by any
the equipoise doctrintg, mandatescaAcLkohor'sfothe respondent. For the Court to of them entails the `loss of such privilegokkg,igravity thereof warrants such drastic
exercise its disciplinary,poseksilhe,ea a ainsuhel-esptitdormust be established by move. Thereafter a sufft9ient'limehavingk.0010,90Xter actuations evidencing that
clear, convincing and satisfactoryToo Vda de ob‘osa'.vf Mendoza, A.C. No. 6056, there was due contrition on the:lart'icif4e''teailsgres-Scir, he may once again be
considered for the resto'ration 0;fuch a privilege (In Re: Edition, AC-1928, December
September 9, 2015) "'‘,4_ PO' 1. 19, 1980).
Q: What is the rule on the imposition ofpenalties against erring lawyers?
ANS: Below are the guidelines in the imposition of penalties against an erring lawyer, by Q: What is reinstatement?
the SC division, or by en banc: ANS: It means the readmission to membership in the Bar and the restoration to a
disbarred lawyer, the privilege to practice law (PINEDA, supra at 443). While disbarment
Penalties 'Division 1" ., Banc
Ba • and suspension of lawyers are modalities to regulate the legal profession and weed out
Exceeds 1 year those who are deemed unfit in the practice the Supreme Court will not hesitate to
Suspension One year or less readmit a disbarred lawyer who has shown rehabilitation and potential to contribute to
the legal practice (Que v. Revilla, Jr., A.C. No. 7054 (Resolution), November 11, 2014).
. Fine P10,000 or less P10,000 or more
Q: Who may reinstate a lawyer?
If the suspension does not If the suspension
ANS: The Supreme Court has the exclusive authority to reinstate the privilege to
Suspension and Fine exceed one year or the fine exceeds one year or the
fine exceeds P10,000 practice law to a disbarred lawyer or an indefinitely suspended lawyer to the office of
does not exceed P10,000 attorney-at-law (AGPALO, Legal and Judicial Ethics, supra at 593).
Service will be successive, not simultaneous
Two or more (Investment and Management Services Corp v. Roxas.
Suspensions A.C. No. 1417, April 17, 1996)).

748 749
Lawyers who have been suspended Q: What are the other conditions that may be imposed on the applicant for
reinstatement?
Q: What are the guidelines to be observed in lifting an order of suspension of a ANS: The following conditions should be fulfilled by a lawyer in applying for readmission
lawyer from the practice of law? to the bar:
ANS: The following should be observed in lifting an order of suspension of a lawyer 1. The SC may also require special conditions to be fulfilled by the applicant, in
from the practice of law: addition to the latter's required rehabilitation. Such special conditions may
1. After a finding that respondent lawyer must be suspended from the practice of include enrolling in and passing the required fourth year review classes in a
law, the Court shall render a decision imposing the penalty; recognized law school; and
2. Unless the Court explicitly states that the decision is immediately executory 2. Prior to actual reinstatement, the applicant will be required to take anew the
upon receipt thereof, respondent has 15 days within which to file a motion for lawyer's oath and sign once again the Roll of Attorneys after paying the
reconsideration. The denial of said motion shall render the decision final and requisite fees (PINEDA, Legal Ethics, supra at 445-446).
executory;
3. Upon the expiration of the period of suspension, respondent shall file a Sworn Q: What are the effects of a lawyer's readmission?
Statement with the Court, through the Office of the Bar Confidant, stating ANS: The following are the effects of readmission of a lawyer:
therein that he or she has desisted from the practice of law and has not 1. Recognition of moral rehabilitation and mental fitness to practice law;
appeared in any court during the period of his or her suspension; 2. Lawyer shall be subject to the same law, rules and regulations as those
4. Copies of the Sworn StaterrferIP17eturaished to the Local Chapter of the applicable to any other lami3Orid
IBP and to the EpcutiKe Judy of the ours' respondent has pending 3. Lawyer must comply Ania)51hconditions imposed on his readmission
cases handledobrhireorAler--and/W wherd- e o she has appeared as (AGPALO, Legal and JugkefeEtlifes, supra at 596).
4 Note: Compliance with these conditrops11tirestore his good standing as a member of
counsel; 4\r
5. The Swor terTtsat„....sihal cospsjoetk,d as proof of the Philippine bar (Petition for Leaire*BeeRpkeractice of,klaw Benjamin M. Dacanay,
respondents ca plande with the order of supeq,sionAticl B.M. No. 1678, December 17, 2007).!!P'1.
6. Any finflirigtere art contra to ti* sipiemen‘s ma,5104 lawyer under oath
shall pe a gjtound for the imposition of a mor ‘ssev9r.e punishment, or Q: What is the effect At.executive Orst9p to the lawyer's ,disbarment?
disbarment as ma -be-warranted4Maniago- Atty Dios, A.C. No. 7472 ANS: It depends. If the is,grant4V after the disbarment case, the disbarred
#
(RellytiO March 30, 2210). 1 ;1! lawyer due to convictiorilfovalcriMe is nokautomatically reinstated, to the practice of law
upon being pardoned'by thePresident. To* reinstated, there still a need for the filing
Lawyers who!hedj been_disbarre'd of an appropriate'PetitionWith the SC-(PINEDA, Legal Ethics, supra'at 446-448).
e*Ife"
Q: When may a pisbarre ,,wyer be reinstated? If granted prior' to the disbarmerAcase for
4•
parclopplaerates to wipe out the
ANS: A disban'9d4aiWir mayOkvirtt4ticri.-Llyop,,clete;rninOion whether the applicant conviction, and isabart4iriY proceeding the disbarment bfltie attorney (In Re: Atty.
has satisfied andenvinc,,ed the; Qou&bS,polveykyidencepdhat the effort he has made Tranquilino RoveroZAX:' No';126, Decembdr 29, 1980). However, if the pardon granted
toward the rehabilitation 'of his\cliaqcted&ge\n/su5cessful, and, therefore, he is was conditional, respondent must be judOd,uppn the fact of his conviction, without
entitled to be readmitted tda,,,prak4loilNhicikrps„Mtripsically a office of trust (In Re:
Rusiana, A.C. No. 270 (Resolrion)112.9)e - regard to the pardon he,irivokes as defejl*tiftti:0)4pgree of moral turpitude involved is
such as to justify his being purgedqrorrrthetP&ifeigion`freRe: Disbarment Proceedings
<( 0,
Q: What is "positive e\vkiaenaeri
ANS: The "positive evidence"Tefea
Ty
p ofol,o-honesty, integrity, and good moral
against Atty. Gutierrez,IkC. No. •12 July 31, 1962).

E. MANDATORY CONTINUlk d LEGAL EDUCATION (B.M. NO. 850, AS AMENDED)

character; through written testimonialrbraTrdige institutions and personalities (FUNA,
Legal and Judicial Ethics, supra at 429). Q: What is the purpose of MCLE?
ANS: The purpose of MCLE is to ensure that throughout a lawyer' career, members of
Q: What are the criteria to be considered in reinstating a lawyer? the IBP:
ANS: Below are the criteria to be considered in reinstating a lawyer: 1. Keep abreast with law and jurisprudence;
1. Appreciation of the significance of his dereliction; 2. Enhance the standards of the practice of law; and
2. Assurance to the court that he now possesses the requisite probity and 3. Maintain the ethics of the profession (B.M. No. 850, RULE 1, Sec. 1).
integrity necessary to guarantee his worthiness to be restored to the practice
of law; Requirements
3. Time elapsed between disbarment and application for reinstatement; Q: What are the requirements of MCLE?
4. Good conduct and honorable dealing subsequent to his disbarment; ANS: Members of the IBP, unless exempted under Rule 7, shall complete every 3 years
5. Active involvement in civil, educational, and religious organizations; at least 36 hours of continuing legal education activities (B.M. No. 850, RULE 2, Sec. 2).
6. Favorable indorsement of IBP as well as local government officials and Note: Nevertheless, members may participate in any legal education activity wherever it
citizens of his community; and may be available to earn credit unit toward compliance with the MCLE requirement
7. Pleas of his mother and wife for the sake and fortune of his family (Tan v. (B.M. No.850, RULE 3, Sec. 2).
Sabandal, B.M. No.44, February 10, 1989).

751
750
Comp//once 14. Those who are Not in law practice, private or public (B.M. No. 850, RULE 7,
Q: What are the general compliance procedures? Sec. 2).
ANS: Each member shall secure from the MCLE Committee a Compliance Card before Note: A member may file a verified request setting forth a good cause for exemption,
the end of his compliance period. He shall complete the card by attesting under oath (such, as physical disability, illness, post graduate study abroad, proven expertise in-
that he has complied with the education requirement or that he is exempt, specifying the law, etc.), from compliance with or modification of any of the requirements, including an
nature of the exemption. Such Compliance Card must be returned to the address extension of time for compliance, in accordance with a procedure to be established by
indicated therein no later than the day after the end of the member's compliance period the MCLE Committee (B.M. No. 850, RULE 7, Sec 3).
(B.M. No. 850, RULE 11, Sec. 1).
Sanctions
Each member shall maintain sufficient record of compliance or exemption, copy Q: What is the effect of non-compliance with MCLE requirement?
furnished the MCLE Committee. The record required to be provided to the members by ANS: A member who fails to comply with the requirements after the 60-day period shall
the provider pursuant to Section 3(c) of Rule 9 should be sufficient record of attendance be listed as a delinquent member by the IBP Board of Governors upon recommendation
at a participatory activity. A record of non-participatory activity shall also be maintained of the Committee on MCLE. The listing as a delinquent member is administrative in
by the member, as referred to in Section 3 of Rule 5 (B.M. No. 850, RULE 11, Sec. 2) nature but shall be made with notice and hearing by the Committee on MCLE (B.M. No.
850, RULE 13, Sec 2.).
Q: What constitutes non-comp)aRcemith-MCLE? Note: B.M. No. 1922, as amended, requires practicing members of the bar to indicate in
ANS: The following constituy,arnon-compia ce\with MCLE: (FACE-CA) all pleadings filed before the couitqdrAasi-judicial bodies, the number and date of
1. Failure to pay noi›-9Qplikn,i9 Fe itlinVeigiescribRd period; issue of their MCLE Certificate ot9,9mpliane or Certificate of Exemption, as may be
2. Failure to prole Attestafionzi;compliancez etrnpkok; applicable, for the immediately precegingOpmpliance period. Failure to disclose the
3. Failure to Coompleleedicabon re uirement withtzthe,empliance period; required information would causethg:;:digilasalof the case and the expunction of the
4. Failure to rtisf041194dueaton requirerrien4nc irnisAe evidence of such pleadings from the records (OFF/CEVF TREmpliff,AMINISTRATOR
D CIRCULAR
compliance,019isixtyi(60) days fir raeipt ofinonfolpplia ce notice; Na 79-2014).
5. Failure tofprowd fsatisfactoryievidedcekifComp lance. and
6. Any othipl or omission Analogckis to any of the fiii_egbiw or intended to F. NOTARIAL PRACTICE
circurnmentAr evade compliance !with the ,MCLE req icgment (B.M. No. 850,
RULE 1eSec 1). 42;1, Q: Who is a notary public? •
cmis ANS: A notary, public is one -appointed (by the court whose duty is to attest to the
Exemptions genuineness of any deed or writing'in oec, to renderfthem:available as evidence of
Q: Who are exempteVronk( 9\l‘ E requi cement?/// y# facts stated therein,ancr Who is .aythorizedi'by the statute,t9i,administer various oaths
ANS: The follow'ng arelexemRted frpro-1164VE@rement: (PS-SC-ConDOm-JSQ- (RULES OF NOTARIAL PRACTICp;',RULE2, Sec 9, A.MMai0278-13-SC).
ChaR-GMN) Qualifications of Notarypublic
1. The Preakdent, Vice-President, -T\ cretaries and Undersecretaries of t•
executive cleartmafits' 'C./ENT Q: What are the qualifications of a notarywblid?
2. Senators andVeAass Ouse es; ANS: A notary public: (CARGC)
3. The Chief Justice.,,anAasociVe i,JusiticeVbtlie),SC, incumbent and retired 1. Must be a Citizen of the Philippines,
justices of the judidiarkincumliesnlifnemberpeorthe Judicial and Bar Council, 2. Must be over 21 years:Pf Age;
and incumbent court laWyers...c.oy.eredoby the Philippine Judicial Academy 3. Must be a ResidenOn the Philippines for at least 1 year and maintains a
Program of Continuing Legal Education; regular place of work or business in the city or province where the commission
4. The Chairman and Members of the Constitutional Commissions; is to be issued;
5. Incumbent Deans, bar reviewers, and professors of law who have teaching 4. Must be a member of the Philippine Bar in Good standing with clearances from
experience for at least ten (10) years in accredited law schools; the Office of the Bar Confidant of the SC and the IBP; and
6. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman, 5. Must not have been Convicted in the first instance of any crime involving moral
and the Special Prosecutor of the Office of the Ombudsman; turpitude (A.M. No. 02-08-13-SC, RULE III, Sec. 1).
7. The Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries of
the Department of Justice; Q: May a Municipal Trial Court Judge perform notarial acts?
8. The Solicitor-General and the Assistant Solicitor-General; ANS: Yes. MTC and MCTC judges, assigned to municipalities or circuits with no
9. Heads of government agencies exercising Quasi-judicial functions; lawyers or notaries public may, in their capacity as notaries, public ex officio, perform
10. The Chancellor, Vice-Chancellor, and members of the Corps of Professional any act within the competency of a regular notary public, provided that:
Lecturers of the Philippine Judicial Academy (B.M. No. 850, RULE 7, Sec. 1); 1. All notarial fees charged be for the account of the Government and turned-over
11. Those who have Retired from law practice with the approval of the IBP Board to the municipal treasurer (Lapena, Jr. v. Marcos, Adm. Matter No. 1969-MJ,
of Governors (B.M. No. 850, RULE 7, Sec. 2); June 29, 1982); and
12. The Government Corporate Counsel, Deputy, and Assistant Government 2. Certification be made in the notarized documents attesting to the lack of any
Corporate Counsel lawyer or notary public in such municipality or circuit (A.M. No. 89-11-1303,
13. Governors and Mayors (B.M. No. 850, RULE 7, Sec. 1); and December 19, 1989; Abadilla v. Tabliran, Jr., A.M. No. MTJ-92-716, October
25, 1995).

752 753
 1.--rAL" VtV'WtVIP:,

Term of Office of Notary Public Notarial Register

Q: What is the term of office of a notary public? Q: What is a notarial register?
ANS: A notary public may perform notarial acts in any place, within the territorial ANS: A notarial register refers to a permanently bound book with numbered pages
jurisdiction of the commissioning court for a period of 2 years commencing on the first containing a chronological record of notarial acts performed by a notary public (A.M. No.
day of January of the year in which the commissioning is made unless earlier revoked or 02-08-13-SC, RULE II, Sec. 5).
the notary public has resigned according to these Rules and the ROC (A.M. No. 02-08-
13-SC, RULE Ill, Sec. 11). Jurisdiction of Notary Public and Place of Notarization
Q: What is the jurisdiction and term of the notary public?
Powers and Limitations
ANS: A person, commissioned as notary public, may perform notarial acts in any place
Q: What are the powers of a notary public? within the territorial jurisdiction of the commissioning court (A.M. No. 02-08-13-SC,
ANS: A notary public is empowered to perform (NoCeS) RULE Ill, Sec. 11).
1. Notarial acts, such as (JACOSA)
a. Jurat; Q: What are the exceptions?
b. Acknowledgment; ANS: Generally, a notary public shall not perform a notarial act outside his jurisdiction
c. Copy certification; and his regular place of work or busines,ftHowever, a notarial act maybe performed at
d. Oaths and affirniation; T the request of the parties in the fol19,4!;4-sites located within his territorial jurisdiction:
e. Signaturfe f 4itneptu; a , d (OAHA)
f. Any 9,ther‘d? 59yized,brthese Rules, " 1. Public Offices, conventiWhalls arld similar places where oaths of office may
2. Certify the,affixinNo signature by thuijit'oOtheer9a k on an instrument or be administered;
documetlt presei nle' 2. Public function Areas inpotaKantijOimilarplaces for the signing of instruments
3. Sign, optaV ofya personvho"WphyOcallylinabLe44,5ig or make a mark on or documents requiripgTriota'rilatIonagpps,476
an inst , mentieti.M.ENo. 02-108-1PRULE Secn . 3. Hospitals and magical institutions where a parbltril the instrument or document
is confined foVieatment;
I 4. Any place where a party tOffe-mstrument or doqurrierit requiring notarization
Q: When is a golary public prohibited tl[iperfprm a lotarial ac?_,
ANS: The followirig-arse the prph8iteOeti:h:(0:SV is under detetitiOrNA.W NO. 02-08-13-SC, RULE,11/,,Sec. 2, par. (a)).
1 '5,
1. A notaz,Oblic sl,pnot tcilfiqr(62-51hOtariairact Out A:18'hp regular place, or
Competent Evidehce of Identity
busirpss-.L4therese\ he is ::bereft; of pow0Wp' rform ,any notarial act
(Gueretrip0Bihrs,4R‘No. 1g41460pril p7(2007). Q: What conetute.s,comp.9,tentv,idenc2.:?f identity4?%
2. A persorfstialLnot`Re ctT a ,qtanal..40t if t '4( erson involved as Signatory to ANS: The following constitutes corOatentMidence:
the inskumentlir docVjleritAtr(P:rek' vi 1. It refersi4t9thab:4htificatiOri of 0-0 individual based on at least one current
a. Not in thenotary;s11'resetge p Znally a;s he tinnejof the notarization identificatiqii''dcicurRant issued qi an official agency bearing the photograph
b. Notpersonally KgavipITt \a-liteaDep..plic or otherwise identified by the and signature of theOdividual;
notary publicAhrough-competen_., 1 evident of identity (A.M. No. 02-8- 2. The oath or affIrd6tion of 9 1 - 9,0#0KOipip,§F,pot privy to the instrument,
/3-SC'Muf; Wr-See..2=(b)) document ortAnsacti9DNiale'Persaally'kfitAirfto the notary public and who
Li/ It A personally kn*s. the ififlividual; or
•
Q: When is a notary public ditqualifiediejperform aotarial act? 3. The oath or affirrAti,?tkof two (2) credible witnesses neither of whom is privy to
ANS: A notary public is disqualified fro
Th
Thrdforming a notarial act if he: (PReS) the instrument, cidaiment or transaction who each personally knows the
1. Is a Party to the instrument or document; individual and shows to the notary public documentary identification (A.M. No.
2. Will Receive, as a direct or indirect result, any commission, fee, advantage, 02-08-13-SC, RULE II, Sec. 12).
right, title, interest, cash, property, or other consideration, except as provided Note: A.M. No. 02-08-13-SC which refers to the amendment of the 2004 Rules on
by these Rules and by law; and Notarial Practice deleted the Community Tax Certificate among the accepted proof of
3. Is a Spouse, common-law partner, ancestor, descendant, or relative by affinity identity of the affiant because of its inherent unreliability (Advance Paper Corporation v.
or consanguinity of the principal within the fourth civil degree (A.M. No. 02-08- Arma Traders Corp., G.R. No. 176897, December 11, 2013).
13-SC, RULE IV, Sec. 3).
Sanctions
Q: What is the function of a notary public? Q: What are grounds for the revocation and imposition of administrative
ANS: The function of notary public is, among others, to guard against any illegal and sanctions upon a notary public?
immoral arrangements; and such would be defeated if the notary public was one of the ANS: The executive judge shall revoke a commission of, or impose appropriate
signatories to the instrument. For then, he would be interested in sustaining the validity administrative sanctions upon, any notary public who:
thereof as it directly involves himself and the validity of his own act. It would place him in 1. Fails to keep a notarial register;
an inconsistent position, and the very purpose of the acknowledgment, which is to 2. Fails to make proper entry or entries in his notarial register concerning his
minimize fraud would be thwarted (Marin v. Sabate, Jr., A.C. No. 3324 (Resolution), notarial acts;
February 9, 2000). 3. Fails to send the copy of the entries to the Executive Judge within the first ten
(10) days of the month following;

754 755
 PP'

"AM-- w.

4. Fails to affix to acknowledgments the date of expiration of his commission; 6. Jurisprudence

5. Fails to submit his notarial register, when filled, to the Executive Judge; 7. Supreme Court Administrative Issuances;
6. Fails to make his report, within a reasonable time, to the Executive Judge 8. Article VIII of the Constitution;
concerning the performance of his duties, as may be required by the judge; 9. Rules of Court; and
7. Fails to require the presence of a principal at the time of the notarial act; 10. Articles 204, 205, 206 and 207 of the Revised Penal Code.
8. Fails to identify a principal on the basis of personal knowledge or competent
evidence; New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)
9. Executes a false or incomplete certificate under Section 5, Rule IV; Q: What is the New Code of Judicial Conduct for the Philippine Judiciary?
10. Knowingly performs or fails to perform any other act prohibited or mandated by ANS: The Supreme Court promulgated the New Code of Judicial Conduct for the
these Rules; or Philippine Judiciary on April 27, 2004. It was adopted from the Bangalore Draft, as
11. Commits any other dereliction or act which in the judgment of the Executive amended, which was intended to be the Universal Declaration of Judicial Standards
Judge constitutes good cause for revocation of commission or imposition of applicable in all judiciaries (A.M. No. 03-05-01-SC).
administrative sanction (A.M. No. 02-08-13-SC, RULE XI, Sec. 1).
Q: What are the bases for the adoption of the Bangalore Draft?
Q: What are the punishable acts under the notarial law? ANS: The Bangalore Draft is founded upon a universal recognition that:
ANS: The Executive Judge shall cause.the.Kosecution of any person who: 1. A competent, independent and4irqpartial judiciary is essential if the courts are
1. Knowingly acts or of erwise imperpo j ter aknotary public; to fulfill their role in upholdinglCOWitutionalism and the rule of law;
2. Knowingly obtains, conFeRls, dele ,Vde"strAls,the seal, notarial register, or 2. Public confidence in the j4Ibialtly.§tem and in the moral authority and integrity
official record o a notary gublicor hr.;\ of the judiciary is of utmoLitt`p4EfOce in a modern democratic society; and
3. Knowingly solicits, erces, or in any wary ireenc2Cpvtary public to commit 3. It is essential that judge,s,Spn'Olvi3Oually and collectively, respect and honor
officialmisconcO AKM .Mar0270:8:M=SC, RoLEosn, Sec. 1). judicial office as a public strive enhan% and maintain confidence
in the judicial systemi(NetiVeldgqifieidicial,SooVoct / The Bangalore Draft,
/QM/ l 77
Relation to the c.ode•ofProfessionaiReEponsibility A.M. No. 03-05-01-SC).
I l 1 .
Q: May a lawyer-b2,disbarred-or-suspended-for-engaging m-certain unlawful acts Q: What is the purposp:Othe adoption of the BangaloretDraft?
of a notary p 1:opet , iilv, _
',<°'7,. --- Ii e'. -"1V I ANS: The purpose of the adoption of the Bangalore Draft isItc0
ANS: Yes. No rizatioon is not an ertpty,meaftingess and routipe aOt. _It is invested with 1. Be the Universalll*Laration of !Oficial Standards applicable in all judiciaries;
substantive plio intTreskthek only thOSOQtic are qualified of autholized may act as 2. Upd.afeind correlate the Cbde ori 'ffJudicial Conduct and the Canons of Judicial
notaries publicIt st beefkiphasizedIt=the-aothe`nolariib by a notary public EthiPladopjqd4forthe Philippinesnd
,f.' N, .,-... ,,,,:-....."/ ii
converts a private ockmenk.ri o apuokt ogrftrktimalcipg thfitdacppient admissible in 3. Strelithe solidarity 1,ir the universal a universal code
evidence withoutfurthe'rproo -,6katt.thelliticitSr;,Aryfkipi document o,i by law entitled to of judicial ethics Code of Conditg(ATI1614'angalore Draft, A.M.
full faith and credjt upon'its fackL)aQ,.izkfor tiiatrdOstj),,fiotaVes public must observe with No. 03-051:01,,S4 '.' t44
utmost care the basic reaiOmeirittik:N pert trance of their duties (Re: Violation of ;;; CJ
Notarial Practice, A.M. No. 0671>S -.1444 •?•20 .5) Q: What is the legal-5impliCation of th,,OTiAlon,of the New Code of Judicial
\\. 19;.-,:). Conduct with respecttO;the othpre-sourgeSrofeadidialthics?
For instance, by performing- Ot'!iculaiacts wAttpuktt,INeb sary commission from the ANS: The New Code opudiciOnduct supersedes the Canons of Judicial Ethics and
court, a notary public would'w4l e not Nfillis b9pto obey the laws particularly the the Code of Judicial COnduct Ao the extent that the provisions or concepts therein are
Rules on Notarial Practice but also.Ganonsand 7 of the Code of Professional embodied in the Code. 1116.age of deficiency or absence of specific provisions in the
Responsibility which proscribes all lawyers from engaging in unlawful, dishonest, Code, the Canons of Judicial Ethics and the Code of Judicial Conduct should be
immoral or deceitful conduct and directs them to uphold the integrity and dignity of the applicable in a suppletory character (A.M. No. 03-05-01-SC, Definitions).
legal profession, at all times (Re: Violation of Notarial Practice, A.M. No. 09-6-1-SC,
January 21, 2015). Q: What is the outline of the New Code of Judicial Conduct for the Philippine
Judiciary?
ANS: The qualities which an ideal judge must possess are the following: (I3PECD)
Canon 1. Independence;
Canon 2. integrity;
A. SOURCES Canon 3. Impartiality
Q: What are the sources of judicial ethics? Canon 4. Propriety
ANS: The sources of judicial ethics are: Canon 5. Equality; and
1. Code of Judicial Conduct (1989); Canon 6. Competence and Diligence (A.M. No. 03-05-01-SC).
2. Canons of Judicial Ethics (Administrative Order No. 162 dated August 1, 1946
of the Department of Justice); Q: What are the aspects of Judicial Independence and how do they differ from
each other?
3. New Code of Judicial Conduct for the Philippine Judiciary (A.M. No. 03-05-01- ANS: The aspects of Judicial Independence are individual judicial independence and
SC);
institutional judicial independence. Individual judicial independence focuses on each
4. Code of Professional Responsibility;
particular judge and seeks to insure his or her ability to decide cases with autonomy
5. Judicial and Bar Council Rules;
756 757
 within the constraints of the law. On the other hand, Institutional judicial independence CompulsoryDlsoualificatIon
focuses on the independence of the judiciary as a branch of government and protects
judges as a class (In Re: The Allegations Contained in the Columns of Mr. Amado P. Q: What are the grounds for compulsory disqualification of judges under the
Macasaet Published in Malaya dated September 18, 19, 20 and 21, 2007, A. M. No. 07- Rules of Court?
09-13-SC, August 8, 2008). ANS: The following are the grounds: (PREP)
1. When the judge, or his wife or child, is Pecuniarily interested as heir, legatee,
Q: Under the New Code of Judicial Conduct for Judges, who are those considered creditor or otherwise;
as the Judge's family? 2. When the judge is Related to either party within the sixth degree of
ANS: Judge's family includes a judge's spouse, son, daughter, son-in-law, daughter-in- consanguinity or affinity, or to counsel within the fourth degree, computed
law, and any other relative by consanguinity or affinity within the sixth civil degree, or according to the rules of the civil law;
person who is a companion or employee of the judge and who lives in the judge's 3. When the judge has been Executor, administrator, guardian, trustee or
household (New Code of Judicial Conduct / The Bangalore Draft, A.M. No. 03-05-01- counsel; or
SC, Definitions). 4. When the judge has Presided in any inferior court when his ruling or decision
is the subject of review, without the written consent of all parties in interest,
Code of Judicial Conduct signed by them and entered upon the record (RULES OF COURT, RULE 137,
Q: What is the Code of JudicialSonductand.its applicability? Sec. 1).
ANS: This Code was drafted bnhe Co-00116h on the ode of Judicial Conduct under
the chairmanship of JusticA?nKortes_on Aug,usc5k1'98,9 titled "Proposed Code of Q: What is the rationale behindlithkdi‘qualification of judges as established in
Judicial Conduct, was,pcOrnplgatel‘underA10.41049-9'; 009-S.C. Once the SC resolved Section 1, Rule 137 of the Rules140,6iiitA
to unanimously acceptrancli.-407ove said Code, allkfudgVere required to strictly ANS: It is to preserve public faith4P0judiciary's fairness and objectivity to allay
comply with the cide opydrcial,CO-nitict7Freode toq,effeckm October 20, 1989 suspicions and distrust as to a p6ssil!ilkpras nd,prejudice.40 favor of a party coming
(CODE OF JUDICaSrONDIUCT).$ was sup-ersedhd byjheafee Code of Judicial into play (Hacienda Benito, Inc. v:,'IAG',OtlelIC/76i47.29,7„August 12, 1987).
Conduct. Still, itipases,uppletory character that &Blot 5orre d by new code
(New Code of Jfp1Condut t A.M. No.-03=05-01-SC Q: What are the grounds 'for compulsory disqualification;ander r the New Code of
Judicial Conduct or the Bangalore Draft? !
r.•°'‘-
B. DISQUALIFICATIOiV OF at/Dleb41. OF (CEPS A U ANS: The following arkffriprounds:-IAPEITAGLE-RRF) 4 i
. 1. The judgviias,Actdal bias orprejudice concerning party or personal
Q: What is the difference-belween disquapcation and-iphibitio ••n.? knowlpdge of disputedevidentia*facts concerning the proceedings;
ANS: As to the concept:\Fak disqualificalient-unaerilyelrst plraragKaph of Section 1 of
Rule 137 of th4R.i;fia of cP"kill'it is cacl arely p es,d tiNTurog s cannot actively 2. The judge Previously served asra lawyer or was a material witness in the
matter In the '01TMV : 2 /.' •
and impartially Wt in the nslar?
I` men e• theAecond paragraph, which The judge, orafrrOrnbertifThis orlfier family;'t6san Economic interest in the
3.
governs volunta y inhi *tion,\,g1 el‘judpes e,--',-,eclusiOe prerogative to rescue
outcome)4the matter in controvelsy;
themselves fromearingasep or:-;_relasp s ,,o ther pan those pertaining to their
,stif,er ved as Trustee, Administrator, Guardian, Lawyer or Executor
4. The judge4er
pecuniary interest, relation, previoirs 63.6hActionitorzpieVious rulings or decisions (In Re: (TAGLE) in the case or mattert7olttrprrsy, or a former associate of the
Verified Complaint okVentptb.4.- . IPITNo. 7..249-CA-J, September 15, judge served4056Punset,s1pring tA9114aisocialiorraor the judge or lawyer was a
2017).
1 1\1\';A\ material witness there*"
As to the grounds: For disqualification, be,Rilles enumerated the specific and 5. The judge's nitipg in a,lower court is the subject of Review;
exclusive grounds under which any judge or judicial officer is disqualified from acting as 6. The judge is RelateCiiby consanguinity or affinity to a party litigant within the
sixth civil degree, or to counsel within the fourth civil degree; or
such; while there are no specific grounds for inhibition enumerated and there is merely a
broad basis given thereof (RULES OF COURT, RULE 137). 7. That his or her spouse or child has a Financial interest, as heir, legatee,
creditor, fiduciary or otherwise, in the subject matter in controversy or in a
As to the application of judicial discretion: In disqualification, the judicial officer has party to the proceeding, or any other interest that could be substantially
no discretion to try or sit in a case while in Inhibition, the judge may exercise his sound affected by the outcome of the proceedings (New Code of Judicial Conduct /
discretion whether to try the case or not (RULES OF COURT, RULE 137). The Bangalore Draft, Canon 3, Sec. 5).

Q: How is the objection to the competency of a judicial officer made and its Voluntary Inhibition
effect? Q: What is the significance of the rule on voluntary inhibition?
ANS: If it be claimed that an official is disqualified from sitting as provided in Section 1,
ANS: The import of the rule on the voluntary inhibition of judges is that the decision on
the party objecting to his competency may, in writing, file with the official his objection, whether to inhibit is left to the sound discretion of conscience of the judge based on his
stating the grounds therefor, and the official shall thereupon proceed with the trial, or rational and logical assessment of the circumstances prevailing in the case brought
withdraw therefrom, in accordance with his determination of the question of his before him. It makes clear to the occupants of the Bench that outside of pecuniary
disqualification. His decision shall be forthwith made in writing and filed with the other interest, relationship or previous participation in the matter that calls for adjudication,
papers in the case, but no appeal or stay shall be allowed from, or by reason of, his there might be other causes that could conceivably erode the trait of objectivity, thus
decision in favor of his own competency, until after final judgment in the case (RULES calling for inhibition (Uniwide Sales Warehouse Club, Inc. v. Madrona, G.R. No. 193972
OF COURT, RULE 137, Section 2). (Notice), April 19, 2017).

758 759
 4,;
31,s!‘;;;),Tt.ci,,,v:a.).9 4X%',)10'

Q: When may judges voluntarily inhibit to try a case? C ADMINISTRATIVE JURISDICTION OVER JUDGESAND JUSTICES
ANS: Other than those mentioned in Section 1, Rule 137 of the Rules of Court (and Q: Where does administrative jurisdiction over Judges and Justices lie?
Section 5, Canon 3 of the Bangalore Draft provides that a judge may, in the exercise of ANS: The Supreme Court shall have administrative supervision over all courts and the
his sound discretion, disqualify himself from sitting in a case, for just or valid reasons. personnel thereof (CONST., Art. VIII, Sec. 6).
The issue of voluntary inhibition is primarily a matter of conscience and sound discretion
on the part of the judge based on his or her rational and logical assessment of the case Q: May the Supreme Court, in the exercise of its administrative jurisdiction,
(Villamor, Jr. v. Manalastas, G.R. No. 171247, July 22, 2015). impose disciplinary sanctions against judges and court personnel?
Q: When should a judge inhibit himself from a case? ANS: Yes. The Supreme Court en banc shall have the power to discipline judges of
lower courts, or order their dismissal by a vote of a majority of the Members who
ANS: A judge may not be legally prohibited from sitting in litigation. But when
actually took part in the deliberations on the issues in the case and voted thereon
suggestion is made of record that he might be induced to act in favor of one party or
with bias or prejudice against a litigant arising out of circumstance reasonably capable (CONST., Art. VIII, Sec. 11). This grant empowers the SC to oversee the judges' and
court personnel's administrative compliance with all laws, rules, and regulations, and to
of inciting such a state of mind, he should conduct a careful self-examination. He should
take administrative actions against them if they violate these legal norms (Office of the
exercise his discretion in a way that people's faith in the courts of justice is not impaired
(Pimentel v. Salanga, G.R. No. L-27934 (Resolution), September 18, 1967). Court Administrator v. Ruiz, A.M. No. RTJ-13-2361, February 2, 2016).

Q: How should the discretio rij ogiriligtTele-rcised by a judge? Q: Who shall investigate the complpitt
ANS: The second paragrwilofiVe 167, Srtiein 1• does not give judges unfettered ANS: Upon the filing of the responderSsamment, or upon the expiration of the time for
discretion to decide wllettrt,o pesis rin a c'easeNThe inhibition must be for filing the same and unless other ,P114inApr documents are required, the Court shall
just and valid causes, d inttfiis reg—ard, we havftotedltftgl t, kmere imputation of bias refer the matter to the Office of th00,0,50inistrator (OCA) for evaluation, report, and
or partiality is not 9no .gh.froaroarid for eseciatily yhenstthe charge is without recommendation or assign the case ,tplgpAred„.7mber of the SC, if the respondent is
basis. This Court i tiatO'bers1pWn acts or. conduct Clearly;indicVke of arbitrariness or a justice of the CA and the Sandigan*beiirlktia10stice, °filo CA, if the respondent is
. i , a judge of a Regional Trial poet or of 6SPpcial coiiHr6f, equKajent rank; or to a judge of
prejudice before it vibrant therriNvitnthiiigmAof loolhir pertiality. Moreover,
extrinsic evidence is required to estblistfbias, bad faith, maligettol corrupt purpose, in the RTC, if the resportdeneis a judge;of Ian inferior court (RULES OF COURT, RULE
addition to pal7ablspe ( for which-may-be-inferred-from-the decisiorldi order itself. The 140, Sec. 3).
43;
only exception todbp rule istwhent -le error,: isloygross and 'patent as to produce an ,„V% t • P•'.•

ineluctable inference of bad faith oCrOlice (CoAtro v. Mangro pp M. No. RTJ-16- Q: May the SC 1iptheiditqualificatiopS from appointmept to any public office
2455,(Resolutt11n),*
b il 1 1 6). \•=71, 7:47P attached to th,,?,di;missalzea judge? 04 ,
.c.
--7
.) ANS: Yes. The,SC may„,lift the• disqualification by granting judicial clemency. The
f-N,
Q: Should a judg3 be req ire to inhibit because ,,c,) ose erso,r71 kt.,04
friendship with following are the guideling&-ip resolving requests for j4CialAtrnen41:(ReRe-PAPO)
one of the parties? ..;•,;A •;-1 ..z.,,, 1. There' must be-proof of;Remorspiand ReformatiorlitTliese shall include but
ANS: No. ClosepersonalVenagtkis of a gr d\-fo inhibition, as,ilong as that friendly should 'not,,:be.fIlirftited to ?certifications or testimonials of the officer(s) or
relation with a party-litigant,doe tj de c is'ypffiOat conduct as a judge. There chapter(s);i the%ntegrated r6r of the Philippines, judges or judges
must be convincinNoof thaNlz-j eig@Ng:ilindulprivileges jn his court to his close associations and prpminent me0470s7§:fipp community with proven integrity
friend, or that his closeccbenefkialronthis personal3'da4tions with the judge, or the and probity. .asubsequerit,ifiricilit*gurliti•,,gp„administrative case for the
judge used his influence, irariCbifavorhis c osp.jkigndi Santos V. Lacurom, A.M. No. same or similar miscotiptict will give rise to a strong presumption of non-
RTJ-04-1823 (Resolution), Augbst428, 2o211 .-4- ' reformation; 411-,1'?,
2. Sufficient time ittoOlave lapsed from the imposition of the penalty to ensure a
However, it would have been more prudentif a judge avoided hearing cases where his Period of reformation;
close friendship with one of the parties could reasonably tend to raise suspicion that his 3. The Age of the person asking for clemency must show that he still has
social relationship with such party would be an element in his determination of the cases productive years ahead of him that can be put to good use by giving him a
of Santos. This may erode the trust of the litigants in respondent judge's impartiality and chance to redeem himself;
eventually, undermine the people's faith in the administration of justice. Judges must not 4. There must be a showing of Promise (i.e., such as intellectual aptitude,
only render a just, correct and impartial decision but should do so in such a manner as learning or legal acumen or contribution to legal scholarship and the
to be free from any suspicion as to his fairness, impartiality and integrity (Santos v. development of the legal system or administrative and other relevant skills), as
Lacurom, A.M. No. RTJ-04-1823 (Resolution), August 28, 2006). well as potential for public service; and
5. There must be Other relevant factors and circumstances that may justify
Q: Are the disqualifications mentioned in Section 5, Canon 3 of the New Code of clemency (Re: Diaz, A.M. No. 07-7-17-SC (Resolution), September 19, 2007).
Judicial Conduct subject to exception?
ANS: Yes. A judge compulsorily disqualified may, instead of withdrawing from the Q: May the Supreme Court preventively suspend an administratively charged
proceeding, disclose on the records the basis of disqualification. If, based on such judge until a final decision is reached?
disclosure, the parties and lawyers, independently of the judge's participation, all agree ANS: Yes, particularly when a serious charge is involved and a strong likelihood of guilt
in writing that the reason for the inhibition is immaterial or unsubstantial, the judge may exists. This power is inherent in the Court's power of administrative supervision over all
then participate in the proceeding. The agreement, signed by all parties and lawyers, courts and their personnel as a measure to allow unhampered formal investigation. It is
shall be incorporated in the record of the proceedings (New Code of Judicial Conduct / likewise a preventive measure to shield the public from any further damage that the
The Bangalore Draft, Canon 3, Sec.6). continued exercise by the judge of the functions of his office may cause. Should the

760 761
tenure of the Supreme Court Justice be thus terminated by impeachment, he may then A. DEMAND AND AUTHORIZ4TION LETTERS
be held to answer either criminally or administratively (through disbarment proceedings) Q: Draft a Demand letter.
for any wrong or misbehavior that may be proven against him in such proceedings ANS:
(Office of the Court Administrator v. Ruiz, A.M. No. RTJ-13-2361, February 2, 2016).

Q: What is the concept of "automatic conversion of administrative cases against April 19, 2019
justices and judges to disciplinary proceedings against them as lawyers"?
ANS: An order to comment on the complaint is an order to give an explanation on why a MS. VEA ALONSO
judge should not be held administratively liable not only as a member of the bench but #123, 1st Street, San Miguel
City of Manila
also as a member of the bar. This is the fair and reasonable meaning of "automatic
conversion" of administrative cases against justices and judges to disciplinary FINAL DEMAND
proceedings against them as lawyers. This will also serve the purpose of A.M. No. 02-9-
02-SC, to avoid the duplication or unnecessary replication of actions by treating an Madam:
administrative complaint filed against a member of the bench also as a disciplinary
proceeding against him as a lawyer by mere operation of the rule. Thus, a disciplinary We are writing on behalf of our client, John Lloyd dela Cruz, on the matter of
proceeding as a member of thVaar,...is...jrnazdly instituted with the filing of an your non-payment of your obligation. —,
administrative case against a justice of the Saig1a)113 an, Court of Appeals and Court
,P)
of Tax Appeals or a judgyft fit-0z or s el desu ampos v. Campos, A. C. No. Records disclose that younvt%,9
fla&ahoutstanding
:,,,-;, obligation with our client in the
8644 [Resolution], Jan a 2 2p14 rtw
amount of P100,000.00, with iotka;qtA% per annum, and that despite repeated
demands, you have failed and ailitifitiatelylail to pay the aforesaid amount.
v5 optss
-), I.*r,..V17 Atsk
Accordingly, FINAL DEMANujjp:herAy,tmOempprofou to settle the amount of
P100,000.00 within fivse,(Vidays fisOreceipt Orthiitia4-. Otherwise, we will be
constrained to file thet.rietessary
os legal action against you toTrotect the interest of our
--0,-,- kl_c
Legal Document client. 1'01 , ,4 ,,,
Q: What is a LfegADOcumegt?
auki,,. .„ - ),
We trust thatiyoU Wiltirgil,e thismatter
matteryour
your promprand preferential attention to
ANS: It is a deed agreement titlea4pekiFgelpt, or other w Ateninstrument used to _.i.
avoid the expegse and inconvenience of litigation. a.
provea fact (3 AnnRFN O,{P!f. Law DictiOn0y(1998))

Preparation
Truly yours,
Q: What are the cardinatruleS ih rafting legs 09 merfis?
ANS: The following, are thbkcule01?frittega ocursent (sgd.) Atty. Ellenalpa'rna ',
1. Begin theNkpcument.,with.k(glpENcIpOn tipe
2. State the perkonaVajribrnsiblices-ofthe
3. State the princlpf:thoAraatlanardlaMs irk eprate or numbered paragraphs, (CIVIL CODE, Art. 1169pin relatippitd'Art:4193
004
for ready referencei
4. Be precise and conciselnkw itin opu ent. Q: Draft an Authorizationtetter.
,a.
5. Define technical terms, or those terms with special meanings. ANS:
6. Avoid pronouns.
7. Observe neatness. Date: April 19, 2019
8. This clause may be inserted at the end of an agreement: "This contract shall Dear Sir/Madam,
extend and shall be binding upon the parties thereto, their executors,
administrators and assigns."
I, Choco Martin, married with residence at #123, 1st Street, San Miguel,
9. Indicate the place and date of execution (GUEVARRA, Legal Forms (2010))
Manila and who is presently an Overseas Filipino Worker based in Hong Kong, do
[hereinafter GUEVARRA, Legal Forms].
hereby authorize Julia Montessori-Martin my wife, of legal age, married and with
residence at #123, 1st Street, San Miguel, Manila to file my Calamity Loan
Assistance Application duly signed by me, to sign and receive the Disclosure
Statement under the Calamity Loan Assistance Program and to receive the check in
my behalf.

(sgd.) CHOCO MARTIN

Member
SS No.14344

762 763
 Q: Draft a Contract of Sale of Personal Property
(sgd.) Julia Montessori-Martin April 19, 2019 ANS:

CONTRACT OF SALE OF PERSONAL PROPERTY

ATTACHMENTS
KNOWN ALL MEN BY THESE PRESENTS:
(Patterned after the pre-made Authorization Letter forms available in the Social Security
System website) I, John Lloyd dela Cruz, of legal age, single, Filipino, and with residence
and postal address at #123, 1st Street, San Miguel Manila, for and in consideration
of the sum of four hundred thousand PESOS (P400,000), receipt of which is hereby
B. SIMPLE CONTRACTS: LEASE AND SALE acknowledged, have TRANSFERRED AND CONVEYED by way of absolute sale
Q: Draft a Contract of Sale of Real Property unto Vea Alonso a certain motor vehicle described as:
ANS:
MAKE: MOTOR NO.:
Honda 12345690
CONTRACT O,E.SALE-OF. AL PROPERTY ,f
SERIES: ,,.,. ' SERIAUCHASSIS NO.:
KNOW ALL MEN BY T ..E PpE,SEIITSJ 1- Civic isc S K1234564389
YEAR MODEL:
I, John Llo: la ,,,yif------Th-- • w,Lth
,!Iipino4 s$Igte).
z, of leag_9,,,q,211 • •
residence at #.123, 2007 ,
li,s-
1
MILE NO.:
;J 15
:23
-,F-.---9.gr,
1st. Street, San ig el Ma • il or art in consid ratioitof tiritsum of one million '.1
pesos (P1,000900.00) orecel pt of 42,111C0 tweby cknowlepgeck do hereby SELL, PLATE NO.: ..;t;' ' 1FOIRFNOri -" '
TRANSFER, and C =per unto Ellen ,,DaFita a certain arca of land located at TMS 264
.VK.
54321
Barangay 45 ,Sam7aloc, anila mora(t ''articularl • escribetli 011ows: of which I am the absolute,owner, free1r6in all liens and encumbrances.
.,stn ,..,, if ik
-446)''' No 123456 -
,......4 E.,-0 ' 4' ,,,
<1°4 ,..--,r) "-c.
7..ii-'ii.r '.., (sgd.) John Lloyd dela Cruz
A pargel ofAlandtpt 4,111.a.ckl: :iiiihe_s.ubdFfiiion plan (LAC) Psd- '
a- Seller
1111, Ippifibika 1:1,ia in... of i Lot 4.1:,215 situated in barKgay 456,
Sampakk,.MaRila. BeKdekon thatb,,Adosty , Blpck 1, on the E by SIGNED IN THE PRESENCE OFN-14„;
‘vP,
q 4.4.,'

Road Lot, on the p S by,51.4tk5,„ anpi cino lla /by Loit 6; containing an
\M%,;Alt clv
area of FOUR HO DRED'ANDNUIR#44 i) scaare meters, more or .14 Ai
less. ......c./ENTIA.N (sgd.) Angelica eangilinan (sgd.) Shaina Magmayao
7
Wilneie Am ,Witness
of which I am the absolute, e ,,/ .6 tom mbrances.

ACKNOWLEDGMENT

(sgd.) John Lloyd dela Cruz

(GUEVARRA, Legal Forms, supra at 156)
Seller
Q: Draft a Contract to Sell.
SIGNED IN THE PRESENCE OF: ANS:

(sgd.) Angelica Pangilinan (sgd.) Shaina Magmayao CONTRACT TO SELL

Witness Witness
KNOW ALL MEN BY THESE PRESENTS:

ACKNOWLEDGMENT This CONTRACT TO SELL, made and executed this April 19, 2019 by and between:

John Lloyd dela Cruz, of legal age, Filipino, and with residence and postal
address at #123, 1st Street, San Miguel, Manila, hereinafter referred to as the
(GUEVARRA, Legal Forms, supra at 94) "SELLERNENDOR";
-AND-

764 765
 Ellena Darna, Filipino and with residence and postal address at #456, 2nd 4. Possession to the subject property shall be delivered by the
Street, San Miguel, Manila, hereinafter referred to as the "BUYERNENDEE". SELLERNENDOR to the BUYERNENDEE upon full payment of
the total consideration;
WITNESSETH;
5. Upon full payment of the total price, the SELLERNENDOR shall
A parcel of land (Lot 3, Block 1 of the subdivision plan (LRC) Psd- sign and execute a DEED OF ABSOLUTE SALE in favor of the
1111, being a portion of Lot 1-B situated in Barangay 465, BUYERNENDEE. The SELLERNENDOR shall likewise execute
Sampaloc, Manila. Bounded on the N by Lot 1, Block 1, on the E by and/or deliver any and all documents, including but not limited to
Road Lot, on the S by Lot 5, and on the W by Lot 6; containing an the original copy of Transfer Certificate of Title, Tax Declaration and
area of FOUR HUNDRED AND THREE (403) square meters, more or all other documents necessary for the transfer of ownership from
less. SELLERNENDOR to the BUYERNENDEE.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of April,
WHEREAS, the SELLERNENDOR is the absolute and registered owner of a 2019 in Manila, Philippines.
parcel of land consisting of one thpusarisl (1000) square meters, more or less,
located at Barangay 465eSampplaF,11 4r1 and covered by TCT No.
123456 issued by the Re istryN)eeds of ilar 41, ot
(sgd.) John Lloyd:delaZtuz (sgd.) Ellena Darna
Seller ile.1 Buyer
WHEREASte 81:J. ,ERNENDEE has offked,k. uy and the SELLER
NENDOR has idreecr4sel the above-mentions Kop_erty der the terms and 41.2.FZ,
conditions here? 51b set f rth; To) X SIGNED IN THE PRESENCEOF:
L5 Ds. 441'4'
e
NOW 117183.,FFORE, or_and-inli4Oideration_of the ritalY stirg of One Million
pesos (P1,009,043.90) Phi ippiIrCurOncyogd o the colyenar4 hereinafter set
e 10
(sgd.) ng9lica fandilinap (sgd.) Shaina Magmayao
forth the SELER/V , 4 FNDOR agre0S_*araprthe UYE ENDEE agrees to buy Wifiie-ss \il/ktneCs
the aforesaid prO,...?rty s bj c to the fQ110-Wedi. terms a conditions 4
d.
rek
i) xr ACKNOWLEDGMENT
0574tR7M4Ti
1 (If) total • o9Werat4 stf:4;b Million (Ph : 1,000,000.00) ‘ce•
PESO'S, Ph lippin° as follows: (CIVIL CODE, A 14p)x4
s,
) Theaam qfttotifi I l l N9RED TH9 SAND (Php: Q: Draft a Contract of Lease
300j000,2 )-1.4880..S.,re entiilg„gagiest money shall ANS:
bef yabIe,,..by.wthe / ENDEE to the 4,10
ENDO,atVia 'n this Contract to Sell; REPUBLIC OF THER-IILIPF,,
,AE
' )
CITY OF MANILA ‘ ) S.S.
b) The remainifir'beatance in the amount of SEVEN
HUNDRED THOUSAND (Php: 700,000.00) PESOS,
shall be paid in Cash on or before August 1, 2019. CONTRACT OF LEASE

c) In case the check representing ' the payment for the KNOW ALL MEN BY THESE PRESENTS:
balance provided in paragraph b hereof, is dishonored
by the drawee bank, the earnest money in the amount This CONTRACT OF LEASE is made and executed at the City of
of THREE HUNDRED THOUSAND (Php: 300,000.00) Manila, this 19th day of April, 2019, by and between:
PESOS, shall be forfeited in favor of the
SELLERNENDOR. John Lloyd Dela Cruz, of legal age, married, Filipino, and with residence
and postal address at #123, 1st Street, San Miguel, Manila, hereinafter referred to
2. Capital Gains Tax and Real Estate Tax, shall be for the account of as the LESSOR,
the SELLERNENDOR;
-and-
3. Documentary Stamps Tax, Registration Fee, registration expenses, Ellena Darna, of legal age, married, Filipino, and with residence and
and all other miscellaneous fees and expenses shall be to the postal address at #456, 2nd Street, San Miguel, Manila hereinafter referred to as
account of the BUYERNENDEE; the LESSEE,

766 767
 •11, 4 lt.V•11;714.41
,•

WITNESSETH: SIGNED IN THE PRESENCE OF:

WHEREAS, the LESSOR is the registered and absolute owner of a

residential property located at Manila, Philippines, with TCT No. 43562 of the (sgd.) Angelica Pangilinan (sgd.) Shaina Magmayao
Registry of Deeds of the City of Manila, and the house built therein; Witness Witness

WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE

and the LESSEE is willing to lease the same; JOINT ACKNOWLEDGMENT

NOW THEREFORE, for and in consideration of the foregoing premises, the

LESSOR leases unto the LESSEE and the LESSEE hereby accepts from the C SPECIAL POWER OF ATTORNEY
LESSOR the LEASED premises, subject to the following conditions:
Q: Draft a General Power of Attorney
ANS:
1. That the term of this lease shall be for a period of 5 years to
commence on Jttne.11-2019.an to expire on June 1, 2024;

2.
T i
That t e ontNy rentat-o thilAse p emises above-mentioned
GENERAL4PO)NER OF ATTORNEY

sh 44 eeopsaffirPESONP14.00), hilippine Currency, to

KNOW ALL MEN THESE PRES4I
1391451. by' eLESSEE_AJILe offibkotl+LESSOR on or before
he fift95%.clag-of er arinverftriontlyks expressly agreed •... coAl•
ntll-her in stipulated shall I, John Lloyd dela Critzfif "allaget409VoNea Alonso, Filipino, a
a0,•)1 d od therhe , ayiyient oetheTeI
.4 ,11;lerst resident of #123, 1st Street, San Mougil, Manila, db terfiy name, constitute, and
be made without the neoessi of exp ess demand nd without delay
appoint Ellena Darna,tiibe my truegrad lawful attorney,fbrk me and in my name,
o a .St gro ad_whats_o_e% # (..P ) place, and stead, to d'o!tend' perform; he following acts and ii-uhgs to wit:
1:
1 ,,e-,---.--. , 11!'i ,„ , --7,
the LEI
y, t•'''''
SSOFMhelAeyAelices d assesements corresponding To have, suet
11
,
take anyiall
1
, lawful wayl and means for the recovery
e afprei entionecijiateePof land yypi e thg Cffg_SEE shall pay the thereof by suititattachment, comproMise bt Potherwise; ).
efs nse c(olectrici aterrand-„opef-)tildes. ••=1*,,f3.7y

That he L BEE
_DI, -e- As '.:71
E=E higleyjNexpje sly-agrees and arrants that the
L.Y1 sN.tr:747,17?
Redeiegate-'19mhole4op4 in par any all *of/A[1NR Aele;,nerein granted or
conferred, by n-LeanslifOlionstru ment in writing, favor ONnOliifd'persons whom my
leased\zromi b ,_,-.1) himiexclusiyely for residential
be„),ise said attorney mawselect;
peposes an h‘ e 410,1said-ZE SEE hereby strictly prohibited
a___ILMVi9P r.„anyt,otherfpurpose or business
frolic! using_ tt1T, fd HEREBY GIVING AND GRANTING,,Lintozmy said attorney full power and
without the'enot,w1
with 1 coLiwtorthe LESSAOR;
.02..... der
authority whatsoever4quisite .9.Vadessan;Nbr4rO061673be done in and about the
'.--/10/ 1 Ar JA,1<\1V premises as fully to inteee4and purposes as I might and could lawfully do if
5. That themajr and mintork ep_airs s.he I be for the account for the personally present, with power of substitution and revocation, and hereby, ratifying
LESSOR; and confirming all that rripeettC1' attorney or his substitute shall lawfully do or cause to
be done under and by virtue of these presents.
6. That upon the signing of this agreement, the LESSEE shall pay by
way of deposit unto the LESSOR the sum of twenty thousand IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of
PESOS (P20,000) to answer for payment of rentals in the event that April, 2020 in Manila, Philippines.
the LESSEE fails to pay the rentals on time and other expenses or
charges that the LESSEE may owe in favor of the LESSOR;
(sgd.) John Lloyd dela Cruz (sgd.) Ellena Darna
7. That the LESSEE shall have the right of first refusal should the Principal Attorney-in-fact
LESSOR decide to sell the property during the term of the lease;
SIGNED IN THE PRESENCE OF:
IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures this 19th day of May, 2019 at the City of Manila, Philippines. (sgd.) Angelica Pangilinan (sgd.) Shaina Magmayao
Witness Witness

(sgd.) John Lloyd dela Cruz (sgd.) Ellena Darna ACKNOWLEDGMENT

Lessor Lessee
(GUEVARRA, Legal Forms, supra at 161)

768 769
 :V.11.1.51e,`k

Q: Draft a Special Power of Attorney (SPA) Q: Draft a Revocation of a Power of Attorney.

ANS: ANS:

REVOCATION OF SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, I, JOHN LLOYD DELA CRUZ, of legal age, Filipino, single and a
I, John Lloyd dela Cruz, of legal age, single, resident of #123, 1st St., San resident of #123, 1st Street, San Miguel, Manila, by a certain public instrument made and
Miguel, Manila, do hereby name, constitute, and appoint Ellena Darna, of legal age, executed in the City of Manila on April 19, 2019 before Notary Public ATTY. LIZA
single, resident of #456, 2nd St., San Miguel, Manila, to be my true and lawful SOBRANGANO of Manila and registered as Document No. 34; Page No. 2, Book No. 3;
attorney, for me and in my name, place, and stead, within a period of one (1) year, Series of 2019 in her notarial register, did name, constitute and appoint ELLENA DARNA,
to sell the real property described thereunder, for a consideration of one million a resident of #456, 2nd Street, San Miguel, Manila as my true and lawful ATTORNEY-IN-
pesos (P1,000,000.00), to whosoever may buy or purchase the following described FACT, for the purpose and with powers mentioned in said instrument;
real property, to wit:
NOW, THEREFORE, I, JOHN, LLOYD DELA CRUZ, by virtue of these
f 1 oflhe subdivision plan (LRC)
A parcel of land (Lot''IBT;Cr''''
, presents hereby REVOKE, ANNUL and VOID the said power of attorney and all powers
Psd-1111, being'4'apbtion ,ti Lo 1,13 ?ftgated in Barangay 456,
bf and authority therein or thereby giveeergr,Oted or intended to be given or granted to said
. orta &N,by Libt;I't\Block 1, on the E ELLENA DARNA;
Sampaloc,, niralykaiinded
by Road -otk ohtleS.Wilot 5, and sinktbetW 4,14qt 6; containing
an area ofVRoch DRED:AN D--IHREE (403) g uare meters, (sgd.) John Lloyd Dela Cruz
more/r le s. , Principal
T.D ..ee
11 iitn. ki
of which I am he reg'stered owner as ek(fdenced by TCT N. 63456 of the Register SIGNED IN THE PRESENCE OF: 4,
-41 .
fillat>at d
of Deeds of L#4:1 mil v,.......i -- 11
. ,, k
HE ENA GIVING AND GRANTING-into my said attorney full powers and (sgd.) Angelica Rapgilinan (sgdil ShAinaiMagmayao
authority to d 'and pterform'f I and eVeiCiTequisitoppcessary-{olicarry into effect 4.*-- Witneps'''' . ,e I) Witkess
,1;•':',. ' L.,
the foregoing aut cay tiOeU, a-8-1017 fpllill itefsjiand purpoys as I might or
i \KqsenAw th_fyitr.rimauf su stitutiop and revocation,
could lawfully d if 13elsona t.",,. '1-RCKNOWLEDGMENTi;
and hereby ratifying andco ir,rpit &that M'Ses9i4attOrne shall lawfully do or cause s 5'94 .4.; OM
to be done by virtue thereof. .." / (GUEVARRA, LegarForms, supra at 166) ' '
‘ \- , err \ 1-0 '
IN WITNE S WI-IER.EO -,..Ligyemer
- /1 u to sel-n and this 19th day of , .17 ,....
.. :7)
D. VERIFICATION AND CERTIFIC4TE OF,NON-FORCIIt I SHOPPING
April, 2019 in Manila Phjlites '' 44,,5, ,4.3.*/.8.,,L2,, e - nii
...›, )1, Q: Draft a Verification,and CertifiCate of Non-Forum Shopping.
ANS: 'Z, 0
14, V'
I
(sgd.) John Lloyd dela.Gruz (sgd.) Ellena Darna
Principal Agent/ Attorney-in-fact VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

SIGNED IN THE PRESENCE OF: REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S.S.
(sgd.) Angelica Pangilinan (sgd.) Shaina Magmayao
I, John Lloyd dela Cruz, of legal age, and a resident of #123, 1st Street,
Witness Witness
San Miguel, Manila, under oath do hereby depose and state that:

ACKNOWLEDGMENT 1. I am the plaintiff in the above-entitled case;

2. I have caused the preparation of this complaint;

(GUEVARRA, Legal Forms, supra at 162)
3. I have read the contents and that the allegations therein are true and
correct of my own personal knowledge and/or based on authentic
records;

770 771
 F. JUDICIAL AFFIDAVITS
4. I have not earlier commenced any action or filed any claim involving
the same issues in the Supreme Court, the Court of Appeals, or Q: Draft a Judicial Affidavit.
different divisions thereof, or any other court, tribunal, quasi-judicial ANS:
agency and, to the best of my knowledge, no such action or claim is
pending therein; and Republic of the Philippines
REGIONAL TRIAL COURT
5. If I should thereafter learn that a similar action or proceeding has National Capital Judicial Region
been filed or is pending before the Supreme Court, the Court of City of Manila
Appeals, or different divisions thereof, or any other court, or any Branch 45
other tribunal or agency, I hereby undertake to notify this Honorable
Court within five (5) days from such notice.
PEOPLE OF THE PHILIPPINES,
Further affiant sayeth naught. Plaintiff,

IN WITNESS WHEREOF hereunto set my hand this 19th day of -versus- Criminal Case No. 1234567
April, 2019. For: Estafa
JOHN LLOYD DELA CRUZ
d. John Lloyd dela Cruz Accused,,
Affiant x
JURAT 00 tektelikylia
ig
CI -,.,0
(GUEVARRA, Legal Forms, s pm at 53); ,r, (of Prosecution witnees'JOHN LLOYD DELA CRUZ in lietP,of Direct Testimony)
‘
tA, i ,Yi,---
I JOHN Liigyp,,, DELA [CRUZ, 44 yee'rs old, employed as a
E. NOTICE OF Rlip ANDpRLA
, I,

businessman, residing atlit123, 1st Sqet, San Miguel, Manila, after having been
Q: Draft a Notra fiearin and EZ-Planatior duly sworn i .,aCoordancetwitl?raw, here lepose and late:' ‘..
ANS: 6 ..4 .
sk,
~ '°..-' 13REIZIMINA1 STATEMENT wo
ts
Atty. Anne Cu be ,, ,..
.. pit- ...,
Counsel for Plai tiff 1.,4,6
Thatztile,mfsen„ examining n4 is ATTY. LIZA SOBRANGANO with law

Greetings:
.„
Please be informzit 4the filkegrpipgb 'o_no.wil be submitted for the court to
taken at the above-me
r
office address at 423, 1sittlreet[San Miguel, Manila. My Judicial affidavit is being

4-
place in thgpfps-gnce of John Sy and my companions.
.40w. 1/461."4.frl111:iil
That the q,,restionsAre asked in English Language but are translated in
the Tagalog dialect vt;hti:ch, I speak and fully understand and I am giving my answers
resolve and take into 9:00 o'clock4n.the mdrnflAgnApril 30, 2019. fully conscious that I dottsiniler oath and I am aware that I may face criminal liability
for false testimony or perjury for false statements made or given by me.
EXPLANATION

Due to the distance to the Plaintiff's counsel and to manpower limitations, OFFER OF TESTIMONY
personal service is not practicable. The undersigned counsel for the Defendant was
constrained to file and/or serve this Motion by Registered mail. The testimony of the witness John Lloyd dela Cruz is being offered to
prove that he is an eyewitness to the crime of Estafa. He will testify what he saw the
day of their transaction with the accused and what later transpired in their agreement
ATTY. LIZA SOBRANGANO dated July 22, 2016. The witness will identify the accused in open court as the person
Counsel for Defendant
Unit 1, Building X, Mendiola, Manila who committed the crime.
Roll No. 12345: 1/10/15 1. Q: Mr. Witness, will you please tell the Honorable Court your name,
IBP No. 123456: 1/10/15 - Manila
age and other personal circumstances?
PTR No. 1234567: 1/1119 — Manila
A: I am John Lloyd dela Cruz, 44 years old, a businessman, and a
SERVICE OF MOTION resident of #123, 1st Street, San Miguel, Manila.

PROOF OF SERVICE 2. Q: What is the nature of your business?

A: I am engaged in the buying and selling of jewelries.
(GUEVARRA, Legal Forms, supra at 370)

772 773
 G. NOTARIAL CERTIFICATES: JURAT AND ACKNOWLEDGEMENT
3. Q: How long did you endeavor your business? Q: Draft a Jurat.
A: It started in 2006 sir.
ANS:
4. Q: How do you know Pedro Santos, the accused?
A: He is one of my agents in the jewelry business. JURAT
xxx SUBSCRIBED and sworn to before me, this 19th day of April, 2019, in
the City of Manila by John Lloyd dela Cruz with Passport No. EB12345, issued on
Manifestation: May I request this Honorable Court a few words to ponder in the act of September 1, 2018 at DFA San Fernando, Pampanga.
the client by mere hiding this past 4 years constitutes an abuse of confidence over
my client. The mere fact that he ran and hid from his obligation shows that the trust Doc. No. 34; (sgd.) ATTY. LIZA SOBRANGANO
entrusted by my client over him was violated. Page No. 8; Notary Public for Manila
Book No. 4; Commission Serial No. 123
THAT WILL BE ALL FOR THE WITNESS YOUR HONOR. Series of 2016. Until December 31, 2019
IBP No. 13425/Jan. 1, 2015/City of Manila
IN WITNESS W
oMERES77;e7Thnt set my hand this 20th of May ;PTR No. 21314/Jan 1, 2019/City of Manila
2017 at Manila, Philippines.
(GUEVARRA, Legal Forms, supra,.-aV2
(sg)r0 E dRUZ-
Q: Draft an Acknowledgment.
ANS:
xzz.) ri)rrE*A3ToN
(
ATTY

I propo nd,ep ques,fpn to JOHN-'LLOYD DEL

t
a- 1- 1 1
Ls."-EIZA SOBWATTGAft0 o qga age, with ovsgoddress at #7 N.
Domingo St. Quezon City,\cib
Iflli

uz and fa thfully recorded,

orcaused to 6efr9ccirpe , tliAqtiestions I lave ask den thefdot onding answers
that JOHN LL YD DELA Q14avg0s atio e ytate".4
$

REPUBLIC OF VIE PHILIPPINES )

CITY OF Ml NIL ‘)
•#-;19:
ACKNOWLEDGMENT

A,••••
BEFORerMitthis 19th day of April, 2019, in the City of Manila,
Neither nor any4:ithe erciir2i.Un effs'e t or a sisting the witness coached personally appeared Ohnxeloyd dela Cruz with Passport No. EB12345 , issued on
the latter regardiribtlis angWers SciEN-ots. September 1, 20a ini,DF4itan FernaWFWpanga, known to me to be the same
person who executecOliellalegolpg_instrirrgii:Wdricknowledged
•
that the same are
IN WITNESS Vt1-1E5gOr
l rhave.here y hand this 20th day of May their free act and deedr
2017 at Manila, Philipplhes. U
IN WITNESScWhjEREOF, I set unto my hand and seal on the date and
place above written.
(sgd.) ATTY. LIZA SOBRANGANO
Unit 1, Building X, Mendiola, Manila Doc. No. 34; (sgd.) ATTY. LIZA SOBRANGANO
Roll No. 45678: 1/10/15 Page No. 2; Notary Public for Manila
IBP No. 123456: 1/10/15 - Manila Book No. 3; Commission Serial No. 123
PTR No. 1234567: 1/1/17 — Manila Series of 2019. Until December 31, 2019
IBP No. 13425/Jan. 1, 2015/City of Manila
PTR No. 21314/Jan 1, 2019/City of Manila
JURAT
(GUEVARRA, Legal Forms, supra at 47)
(A.M. No. 12-8-8-SC, January 1, 2013)
Q: Draft a Motion for Extension of Time
ANS: REQUEST FOR AND NOTICE OF HEARING

Republic of the Philippines THE BRANCH CLERK OF COURT

REGIONAL TRIAL COURT Regional Trial Court
National Capital Judicial Region City of Manila
City of Manila
Branch 45 Greetings!

Kindly submit the foregoing motion for consideration and approval of

this Honorable Court immediately upon receipt hereof.
JOHN LLOYD DELA CRUZ
Plaintiff,
(sgd.) ATTY. LIZA SOBRANGANO
- versus - Civil Case No. 12345 Counsel for Defendant
For: Sum of Money
ANGELICA PANGILINAN Copy furnished:
Defend
ATTY. ANNE CUTIES
Counsel for the Plaintiff
, Unit 1, Building Y, Malate, Ma
, EX,TERSION qF Tio
OT ON FOJI
T LE ommENT T9 OFFER O EVI Please telOoritotice that Pou sel has requested for the approval of this
motion immediately d6n receipt. "
nselespepfully911e that: „,,,!
.1"*Iwo°-
1 .(sgc1,,) ATTY. LIZA SOBRANG#N0
ugus , 201t,,,.. ktrtqlgfiad a T ;y_of the)Plaipt ff s Offer fADefendant
)ode Vie,it__I_My--
ec --25-L02 J,n kipurOent to the order
to :k Ho - eklt Court itopen co •kdOng Ath'eN161 22, 2018 PROOF SERVICE
bearir19, def0dT71,t,. ha fl
fire-(8) ^;.91,:k r until August 8, 2018
ii.,,(8)31
Within* ka'pill ill t me ' same
GUEVARRA, Legatforms, supra at,i376)
2. However, due to kljpiri rrt:f* . sg, of wor!$ coupled with ‘,4 "
ct 9
othekeque,Ily pp nt-ei rg ntikofe"esio,nel commitments, Q: Draft a Motion to DiSmiss.
the uride!sign 'd M I s'el-va..nolcdp,Ieteitlie said Comment ANS:
fr
to the differ,* , !densefiSthe, eriod required and will
need an additiorbaLterAj# ye rom August 8, 2018 or 'Republic of the Philippines
until August 18, 2018TrifW- mhich to do so; REGIONAL TRIAL COURT
National Capital Judicial Region
3. This motion is being filed due to the reason above stated and City of Manila
not for the purpose of delaying the instant case. Branch 45

WHEREFORE, defendant prays that he be granted an additional

ten (10) days from August 8, 2018 or until August 18, 2018 within which to JOHN LLOYD DELA CRUZ
submit a Comment to the Offer of Evidence. Plaintiff,

Manila, Philippines. August 8, 2018. - versus - Civil Case No. 12345

For: Sum of Money
(sgd.) ATTY. LIZA SOBRANGANO ANGELICA PANGILINAN
Counsel for Defendant Defendant.
Unit 1, Building X, Mendiola, Manila x x
Roll No. 45678: 1/10/15
IBP No. 123456: 1/10/15 - Manila MOTION TO DISMISS
PTR No. 1234567: 1/1/18 - Manila

776 777
 DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on Copy furnished:
the ground that as FAILS TO STATE A CAUSE OF ACTION as THE OBLIGATION
SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND ATTY. ANNE CUTIES
DEMANDABLE. Counsel for the Plaintiff
Unit 1, Building Y, Malate, Manila
In amplification of the foregoing ground, Defendant respectfully submits the
following: Please take notice that counsel has requested for the approval of this
motion immediately upon receipt.
Argument
(sgd.) ATTY. LIZA SOBRANGANO
1. Allegedly, defendant has failed to reach the quotas agreed upon Counsel for Defendant
under the Marketing Agreement dated December 1, 2018.
Plaintiff now seeks to collect the sum of Five Hundred Thousand PROOF OF SERVICE
Pesos (P500,000.00), representing the balance of the proceeds
due plainti undert rketing Agreement. (GUEVARRA, Legal Forms, supra at 383);7

2.
T 1
The c ntract is..for twaA2)bearyancNefendant is given that
1., -•• Q: Draft a Motion to Declare Defendant iti,Default
sam io )tcL re chAthebquota pecified therein; the period of ANS:
,•••••
twA,Dteejs qsAlot yet expired. Cor‘equutOplaintiff's claim is
premafvf9,-Therele775'breacboft6Mapling Agreement 001 RePublic:0;fifile"glitippyles
4',411frt efper od exoires ,and the quota
t tsZilo„attained. For this ,~REGION~L TRIAL COURT.
redgo ,,plaiptiff
• • s Comp$a •
'' Pint•slates no cause of aaon and must
be dismissed. To.1:'National Capital Judicial Region
.„„
qty,
,,c1 Manila
.'Branch 45
i
• e-also pra
Othe just and e uitableitelies ,
t JOHN LLOYD°DELA CRUZ
Manila, Phi ' 6 s. A qt.-5% 2019tki " Plaintiff,
(.) \
gd LIZAS2B0 GANO - versus - •• ivkase No. 12345
Ctitr_sel.„thrze effdant For: Sum of Money
Unit4,BkiJdiqq r)dj,tr\ilar anila ANGELICA PANGILINAN
7,,41ollird415578:100/15 Defendant.
BF,44o:.:123456:41#10T156Nayila
R- Rib/9/12345,g; 11449).41Vfariiia
CkE NoW02345f,9/2/11 eV
MOTIONT0tECLARE DEFENDANT IN DEFAULT
MCLeunlz67891; 912118
PLAINTIFF, by counsel. respectfully states that:
REQUEST FOR AND NOTICE OF HEARING 1. Plaintiff filed this Complaint against defendant on March 3
2019, summons were served on defendant on March 20.
THE BRANCH CLERK OF COURT 2019 as indicated by the Sheriffs return, attached as
Regional Trial Court "ANNEX A."
Manila
2. Defendant's reglementary period to file answer ended on
Greetings! April 5, 2019 that no motion for extension of such period
was filed nor was any granted. Despite the lapse of the time,
Kindly submit the foregoing motion for consideration and approval of this Defendant has failed to answer the Complaint against her.
Honorable Court immediately upon receipt hereof. Plaintiff is entitled to a declaration of default and the right to
present evidence ex parte against defendant.

(sgd.) ATTY. LIZA SOBRANGANO WHEREFORE, Plaintiff respectfully prays that Defendant be declared in
Counsel for Defendant default and that Plaintiff be allowed to present evidence ex parte.

778 779
April 6, 2019, Manila, Philippines
2. There has yet no judgment rendered by the Honorable Court;
(sgd.) ATTY. ANNE CUTIES
Counsel for Plaintiff 3. She failed to file her answer to the complaint because she did
Unit 1, Building Y, Malate, Manila
not personally receive the summons, as it was served upon a
Roll No. 23456: 1/10/15 certain Taylor Sweet, who, defendant was informed, was at her
IBP No. 78910: 1/10/15 - Manila
residence at the time serving an invitation to a birthday party,
PTR No. 78910:1/1/19 - Manila and who was mistaken by the sheriff as the one authorized to
MCLE No.1-02345; 912/18
receive the summons. Unfortunately, Taylor Sweet took said
MCLE No. II-67891; 9/2/18
summons with her and defendant learned about the summons
only when he received the order of default, thereby preventing
her from filing her answer within the period. The defendant
submits that these circumstances constitute fraud, accident,
NOTICE OF HEARING
mistake, or excusable negligence in failing to file the answer;
and
Copy furnished:

ATTY. LIZA SOBRIIGANO 4. Defendant has cd.aticii,

go, iyalici defenses to defeat plaintiff's claim
Counsel for the Deppdant for a sum of rito/ n-e „i
jifile same is barred by the statute of
Unit 1, Building Y, Itarpte14/1 limitations, andiNakbev.afjtvtheLsenne haslieen paid.
wOrtio - -.4-
4:147? WHEREFORE daftn'clant prays that the order of default be recalled or set
PROOSERVICE AU'
aside and that defendant b4e given aIpertod of ten (10) daisrom receipt of the order
„ft , ,,t•-,., fl ....-pw setting aside the ordebif defaultto.file ha answer to the cbmplaint.
(GUEVARRA,fegalr& rms, s pra-tht43) '4,P ,6w
Cirf- ....4 ,„iThl
.---"P 77E7 ', ,,•' April 2, 2019Alanila
Q: Draft a Mo io c Relteefl,Vom OrderoVD,efault.
ANS: k(f) \<,\VTi t .1.1)
(sgd.) ATTY. L14 SOBRANGANO
\)
Rli gfigalgT
g Counsel TCr,peten:1 ant
Ipja,gion
ati rka2c_apgkri- u it1, BuildingpMylkiiilipta, Manila
anila--
Roll 501,,
.LY i Branch IBP,_49123456: 1/10/15 - Manila
ILTRIgd. 1234567: 1/1/19 - Manila
40-MCLE No. 1-01234; 9/2/18
JOHN LLOYD DELA CRUZ MCLE No. 11-56789; 9/2/18
Plaintiff,

- versus - Civil Case No. 12345

For: Sum of Money NOTICE OF HEARING
ANGELICA PANGILINAN
Defendant.
---x Copy furnished:
x

MOTION FOR RELIEF FROM ORDER OF DEFAULT ATTY. ANNE CUTIES

Counsel for the Plaintiff
Unit 1, Building Y, Malate, Manila
Defendant, by the undersigned counsel, respectfully alleges that:

(AGPALO, Legal Forms: Practical Exercises in Pleading and Conveyancing (2006), p.

1. She received on March 20, 2019 a copy of the order declaring
45)
her in default for failure to file her answer to the complaint within
the 15-day period;

780 781
 APPENDIX "A"

APPENDIX A
Syllabus for the 2019 Bar Examinations: Mercantile Law
NOTE: This syllabus is an outline of the key topics that fall under the core subject
"Mercantile Law." Accordingly, all Bar candidates should be guided that only laws, rules,
issuances and jurisprudence pertinent to these topics as of June 30, 2018 are examinable
materials within the coverage of the 2019 Bar Examinations.
APPENDIX B
Syllabus for the 2019 Bar Examinations: Criminal Law
I. LETTERS OF CREDIT AND TRUSTRECEIPTS
A. Basic concepts
1. Doctrine oknappq,ence
APPENDIX C Z Fraud except on
Syllabus for the 2019 Bar Examinations: Remedial Law 3. Doctrine clstrgil'OpiOppe,
4. Wareh,?frusenkap:
B. Rights and obljgations of pprti
1. ,d, entiuster/ent_
rustae!
APPENDIX D 2. 'Appjicant/bap:Mieeflciary
C. Remediesi.ayallatiley,
Syllabus for the 2019 Bar Examinations: Legal and Judicial Ethics
II. NEGOTIABLE INSTRUMENTS LAW (Act No. 2031)
A. Rg'clUitites -6i;Wegotiability
B. t-oroery and material altecatio
BIBLIOGRAPHY C. Negotiation
D. RightS'ktbeholder .
1.4,Holder courset4,- ttr,
,
A
2. Defenses against tha;tio)derj..
E. Checks Ar-
Atr'l
III. INSURANCE (PD 612,.Rp amended by RA 10607)
A. Basic concepts
1. What may be insured
2. Insurable interest
3. Double insurance and overinsurance
4. Reinsurance
5. No fault, suicide, and incontestability clauses
B. Perfection of the insurance contract
C. Rights and obligations of parties
1. Insurer
2. Insured
3. Beneficiary
D. Rescission of insurance contracts
1. Concealment
2. Misrepresentation or omissions
3. Breach of warranties
E. Loss
IV. TRANSPORTATION VI. SECURITIES REGULATION CODE (RA 8799)
A. Common carriers A. Registration requirement; exemptions
1. Concept B. Prohibitions on fraud, manipulation, and insider trading
2. Common carrier vs. private carrier C. Protection of investors
3. Diligence required 1. Tender offer rule
B. Obligations and liabilities 2. Rules on proxy solicitation
1. Vigilance over goods 3. Disclosure rule
2. Safety of passengers
C. Defenses available to a common carrier VII. BANKING
1. Proof of negligence A. The New Central Bank Act (RA 7653, as amended by RA 11211)
2. Due diligence in the selection and supervision of employees 1. Handling of banks in distress
3. Fortuitous event a. Conservatorship
4. Contributory negligence b. Closure
5. Doctrine of last clear chance c. Receivership
D. Extent of liability d. Liquidation
1. Recoverable,Igmage B. Secrecy of bank deposits (R60405, as amended, and RA 6426,
2. Stipul,nelimiting lia ili2i i as amended)
3. j" Limi
) ationskder ee a a Cone tion 1. Prohibited a9tsi ,14,N
L '7.•- --- --,-1 2. Exceptions from e
V. CORPORATION LA1A(Pr ojsiiins of BP n, not \by RA 11232) 3. Garnishment diNgsig, including foreign deposits
A. GenerIfplilites -rl, C. General Banking Law of g9.00 0 -,6g91.),
tonality of cog°faAoncy
li.' r 1. Nature otbankIthIkaiidb.alikt!treposits
Of Place oftincorporation test 2. Diligencerequired otbanks
b. Control test(V-, 3.Prohibited
q_,
,•„ transattiofis
-, ,•4by bank directorsGnd officers
> I c. Grard l falher ruse _ D. pLep,#t Insurance Corporation Act (RA 3591, as amended)
f27--/ Doctrine of gbriaTite Orid16413ars 1. Maxir,nDm;deposit insurance coverage g
Doctrine •f pieltingfa-Orporate 20r°, Meartingzg,insured deposit t.
B. St corporations
s4 iori-grcA 3. Splitting of deposits
C. De qc R( 6-4.1ss \
\and corpo ations b •
D. Board-oft ecto d Trutee '/t-4 VIII. INTELLECTUAL PROpERTrgODE CODE , 8293) '
\:" ,-.:' A. Patents
Basic prirgpl_s,„,
eka
a. Dobtp of,ce 1.;:Patentable vs. ..non-patentable inventions
b. 111.1.SIQA2 qi pto?ile 2. '4Ownerstilp of patent:A,-
2. R,uties„).1gbi'tieeptins ili f unlaGvful acts 3. Growts'.1or cancellati0F8t4ten1
E. Powers of coporrtirs., 4. Remedy of.theitffd*RIVetilaava3(614
1. How powers exercis 5. Rihts conferred by a patent
2. Ultra virgs.actrine NI 6. LiiiiitatiRifs on patent rights
3. Trust fund doctnne 7. Patentghthngennent
F. Stockholders and Members B. Trademarks
1. Doctrine of equality of shares 1. Marks vs. collective marks vs. trade names
2. Proprietary rights 2. Acquisition of ownership
a. Right of dividends a. Concept of actual use
b. Right to inspect b. Effect of registration
c. Pre-emptive right 3. Non-registrable marks
d. Right of first refusal 4. Well-known marks
3. Intra-corporate disputes 5. Priority right
a. Concept 6. Rights conferred by registration
b. Individual vs. representative vs. derivative suits 7. Cancellation of registration
G. Foreign Corporations 8. Trademark infringement
1. What constitutes "doing business" 9. Unfair competition
2. Personality to sue and suability C. Copyrights
F. Mergers and ConSolidations 1. Copyrightable works
1. Concept 2. Non-copyrightable works
2. Effects and limitations 3. Rights conferred by copyright
4. Ownership of a copyright

784 785
 )19

5. Limitations on copyright C. Liquidation

6. Doctrine of fair use 1. Voluntary liquidation vs. involuntary liquidation vs. conversion
7. Copyright infringement 2. Procedure
a. Liquidation order; effects
IX. ANTI-MONEY LAUNDERING ACT (RA 9160, as amended) 3. Determination of claims
A. Covered institutions and their obligations D. Suspension of Payments; Suspension of Payment Order
B. Covered and suspicious transactions E. Remedies
C. Safe harbor provision 1. Motion for reconsideration
D. When is money laundering committed (including predicate crimes) 2. Petition for certiorari
E. Authority to inquire into bank deposits
F. Freezing and forfeiture
— NOTHING FOLLOWS —
X. ELECTRONIC COMMERCE ACT (RA 8792)
A. Legal recognition of electronic data messages, documents, and signatures
B. Presumption relating to electronic signatures
C. Admissibility and eviden • igb • electronic data message or electronic
document
D. Obligation of aide itiaallity

XI. DATA PRIVACYA(RA ,1D173)

A. Perso v sitive..pergaralgeff mutation
B. Scope
C. Prnessing of perpnal informAion
D. Rigi5data subiect (..f)
XII.FINANCIAL REHIBILITATIuNgINSO LKGY,
= LIQUIDATION a d SUSPENSION
OF PAYME5NIS4(RA 101' 2, FRIillukeSti- NIL No. 12-12-1 4SG4 nd FLSP Rules
[A.M. No. -04:1-SC
A. Ba
iRehab'
?. Insolvent
3 LiquiVtio
4. Suspensio ofpa nen
.
B. Modes ofkehabrtion„,_
1. Court acrised.rehabilita
t io
a. Vo unlary vslOyoga
b. ComwencemettbraX„,(indiuding stay order)
c. RehabliiratiOirre—c-diver and management committee
d. Determination of claims
e. Rehabilitation plan
i. Concept of feasibility
ii. Material financial commitments
iii. Liquidation analysis
f. Creditor approval and confirmation
g. Failure of rehabilitation
2. Pre-negotiated rehabilitation
a. How initiated
b. Period and effect of approval
3. Out-of-Court or Informal Restructuring Agreement or Rehabilitation
Plan
a. Minimum requirements
b. Standstill period
c. Cram down effect
 a. RPC provisions
APPENDIX "B" b. Probation Law (PD 968, as amended)
c. Juvenile Justice and Welfare Act (RA 9344, as amended)
D. Extinction of criminal liability
E. Civil liability in criminal cases

II. REVISED PENAL CODE - BOOK II

A. Crimes against National Security and Laws of Nations
B. Crimes against the Fundamental Law of the State
NOTE: This syllabus is an outline of the key topics that fall under the core subject C. Crimes against Public Order
"Criminal Law". Accordingly, all Bar candidates should be guided that only laws, rules, D. Crimes against Public Interest
issuances, and jurisprudence pertinent to these topics as of June 30, 2018 are
E. Crimes against Public Morals
examinable materials within the coverage of the 2019 Bar Examinations.
F. Crimes committed by Public Officers
I. REVISED PENAL CODE - BOOK I G. Crimes against Persons
A. General principles H. Crimes against Personal Liberty and Security
1. Male stTala OlohlbithI I. Crimes against Property, 7tPlif
J. Crimes against Chastity-* ,,
2. App44)ilitx. tid,Neffe - f tieARPO K. Crimes against the Civ`il,Slatuslof Persons
Gvpiality L. Crimes against Honory~l Y1
2TrifOality M. Quasi-offenses (or CrirninekNedlig,e,nee.
"repectiv' x ---
3. Peal ero pri ciple III. SPECIAL LAWS
.e0-24
B. Fel nies Punishable act,
ssand circumstancesaffecting criminal ability of the following:
f` Cori Inal liabilities and tRionies A. Anti-Arsoff„.(r(Secs.
. 114,-Flp 1613, as amended by PD 1744)
Grive Or.4-es)s;kpve V;e.,lightifelonie B. Anti-ChildogarnOkraphyAct of009 (Secs. 3[eze],l, Old 5, RA 9775)
6. AbnratioidtWaffihiperso ae, an r intentionem C. Anti,Fencing L0-01.:1979.(See? 2 and 5, PD 1612)

1 1_sible criffi
of e)Keu ioil
C 1A4l. g crlr
D. AdGraft anVorrupt PrAticdeikct (Sec. 3,;JRA 3919, as amended)
E. AiagazingVeof 20184Secs 4Jand 3, RAtc)491slarOncled by RA
11053)
f. Cor*emlimes a ite grimes F. Anti:Hijnakinggi (SecsPI arii-r, RA 6235)
Circum tticee aff etin Sri G. Anti-Photo and Video VOyeurieln Act of 2009 (Secs. 3 [a, b, d, f] and 4, RA
a. Jus„,tify46' e 9995) t. eX7577-- 0,
P6:k'44.74, 71?
b. qlOptini,Girgun3etanc' §\A16''' H. Anti-PlunderAct (Secsaand:Z7g&I.080;alralliended by RA 7659)
'NrY.
c. WILLkkinp circuiroelagg‘ I. Anti-SexuakHarassnent Act of 1995 (Sec. 3, RA 7877)
d. Aggrava ing cirelfmsVric J. Anti-TortureAAoR009 (Secs. 3 [a, b], 4, and 5, RA 9745)
e. Alternative circums antes K. Anti-Traffickingl irl'Persons Act of 2003 (Secs. 3, 4, and 6, RA 9208, as
f. Absolutory causes amended)
3. Persons liable and degree of participation L. Anti-Violence Against Women and their Children Act of 2004 (Secs. 3, 5,
a. Principals, accomplices, and accessories and 26, RA 9262)
b. Conspiracy and proposal M. Bouncing Checks Law (Sec. 1, BP 22)
C. Penalties N. Comprehensive Dangerous Drugs Act of 2002 (Secs. 5, 11, 15, and 21, RA
1. Penalties that may be imposed and retroactive effect of penal laws 9165, as amended by RA 10640)
2. Classification 0. Comprehensive Firearms and Ammunition Regulation Act (Secs. 28 and 29,
3. Duration and effects RA 10591)
4. Application P. Cybercrime Prevention Act of 2012 (Secs. 4 to 6, RA 10175)
a. RPC provisions Q. Human Security Act of 2007 (Secs. 3 to 6, RA 9372)
b. Indeterminate Sentence Law (Act No. 4103) R. New Anti-Carnapping Act of 2016 (Secs. 3 to 4, RA 10883)
c. Three-fold rule S. Obstruction of Justice Law (Sec. 1, PD 1829)
d. Subsidiary imprisonment T. Special Protection of Children Against Abuse, Exploitation, and
5. Graduation of penalties Discrimination Act (Secs. 3[a], 5, and 10, RA 7610)
6. Accessory penalties
7. Execution and service - NOTHING FOLLOWS -

788 789
 H. Motions
APPENDIX "C" 1. In general (Rule 15)
2. Motion to dismiss (Rule 16)
3. Motion for bill of particulars (Rule 12)
I. Dismissal
1. Kinds
a. With prejudice vs. without prejudice
b. Dismissals which have an effect of an adjudication on the
NOTE: This syllabus is an outline of the key topics that fall under the core subject 2. Rule 17merits
"Remedial Law". Accordingly, all Bar candidates should be guided that only laws, rules, J. Pre-trial (Rule 18)
issuances, and jurisprudence pertinent to these topics as of June 30, 2018 are K. Intervention (Rule 19)
examinable materials within the coverage of the 2019 Bar Examinations. L. Subpoena (Rule 21)
M. Computation of time (Rule 22)
I. GENERAL PRINCIPLES N. Modes of discovery
A. Substantive law vs. remedial law 1. Depositions (Rules 23,55id 24)
B. Rule-making powepfifirgiipremgburl„k 2. Interrogatories topar,ti. (Rule 25)
C. Principle of jucicidlriejs
harchA 3. Admission by I49,0,,p4patty (Rule 26)
D. Doctrine of o Ante erencefta teal stability 4. Production or Vp,e,pliPikpl documents or things (Rule 27)
5. Physical and merigi*qination of persons (Rule 28)
II. JURISDICTION 6. Refusal to comPlAitiiiiikiidesTof,discove0(Rule 29)
A. Class'ffpappn9 jurisdiction 0. Trial (Rule 30)
1. 'Origipal vs appellpie P. ConsolidatioApriseverance '(Rule 31)
2 GepOral vi. special Q. Demurrer to Evidence
)--Exclusive ysreoneureeq--,' R. Judgmentspdlinal order4
B. Doptriuishif hierarchyggiiqourtknOso 1. Juggmentorrthe-pleadiAs (Rule 34)
C. Ju isdict op of various P s 2.40ammarylUdgments (Ole 35) ..
.D. As er s of jur(sdi ton 3f'" RenditiOn and eniS . hofjUdgments and)final orders,(Rule 36)
Asdictio ozerthepaille S. Posl:Adgnienkremedies
Junsdicilo ver the,iubjeematte,&., Miitio&faneviiitai or reConsideratibq
. eg4
Junsoictio RpertrieLtssues.:,1-/ al.'• A413.-dle 37
4. Jurist of, the 1-operty i litigation Remedy, againsren
d ial and fresh-period rule
E. Jurisdiction•vs.'exercis'sliurisdIsti 2. Appeals t41
F. Jurisdiction vs. venue k -/E1\11 n akk.Juddments and ftp49414r91pubject to appeal
G. Jurisdicttoneetrlec*covgsaranga‘ y 1611ciliation, Small Claims btstMatterNiotraTSPedabliiir;aVailabl&remedies
Cases, and cafes-fueled by Sum TOce''' DoctOgof finality/immutability of judgment
d. plodes of appeal from judgments or final orders of various
III. CIVIL PROCEDURE courts- (Rules 40, 41, 42, 43, and 45)
A. General provisions (Rule 1) i. Period of appeal
B. Cause of action (Rule 2) ii. Perfection of appeal
C. Parties to civil actions (Rule 3) iii. Issues to be raised
D. Venue (Rule 4) e. Review of judgments or final orders of the COA, COMELEC,
E. Pleadings CSC, and the Ombudsman
1. Kinds (Rule 6) f. Review of judgments or final orders of quasi-judicial agencies
2. Parts of a pleading (Rule 7) g. Dismissal, reinstatement, and withdrawal of appeal
3. Manner of making allegations (Rule 8) 3. Petition for relief from judgment (Rule 38)
4. Effect of failure to plead (Rule 9) 4. Annulments of judgment (Rule 47)
5. Amended and supplemental pleadings (Rule 10) 5. Collateral attack on judgments
6. When to file responsive pleadings (Rule 11) T. Execution, satisfaction, and effect of judgments (Rule 39)
F. Filing and service of pleadings, judgments, final orders, and resolutions
1. Rules on payment of docket fees; effect of non-payment
2. Rule 13
G. Summons
1. Nature and purpose of summons in relation to actions in personam,
in rem, and quasi in rem
2. Rule 14
790 791
IV. PROVISIONAL REMEDIES VII. CRIMINAL PROCEDURE
A. Nature, purpose, and jurisdiction over provisional remedies A. General matters
B. Preliminary attachment (Rule 57) 1. Criminal jurisdiction; concept and requisites for exercise
C. Preliminary injunction (Rule 58) 2. When injunction may be issued
D. Receivership (Rule 59) B. Prosecution of offenses (Rule 110)
E. Replevin (Rule 60) C. Prosecution of civil action (Rule 111)
D. Preliminary Investigation
V.SPECIAL CIVIL ACTIONS 1. Executive vs. judicial determination of probable cause
A. Jurisdiction and venue 2. Rule 112
B. Interpleader (Rule 62) E. Arrest (Rule 113)
C. Declaratory relief and similar remedies (Rule 63) F. Bail (Rule 114)
D. Review of judgments and final orders or resolutions of the COMELEC and G. Arraignment and plea (Rule 116)
COA (Rule 64 in relation to Rule 65) H. Motion to quash (Rule 117)
E. Certiorari, prohibition, and mandamus I. Pre-trial (Rule 118)
1. Definitions and distinctions J. Trial (Rule 119)
2. Requisites; wheragad.whergjOile (Rule 65) K. Judgment (Rule 120)
3. Exception to o m tio fa ecp, nsideration before filing petition L. New trial or reconsideratiohAyle 121)
F. Quo warrant50Rule 66j , M. Appeal (Rules 122, 1412000 125)
G. Expropriation 1 7- N. Search and seizure (R 1;11A119.,
1. Fettr217 O. Provisional remedies in criminal cases (Rule 127)
uid e fqs„expropflaprocep itygsla onal Government P. Revised Guidelines oiCip",16*-140z,(,,A.M. No:45-06-10-SC)
f ag6
pt5(
ctufe Projitcte(Sec* RA 89741) Q. The Rule on CyberprimeWgrdriti'kkAgi,NoArtg l'03-SC)
•
H. Foreclos re f rea1estatetjrno4aget
1 Judi la! for'eclosure (Rt:i1*8) VIII. EVIDENCE

I.
• "Ex Vajudici orec osur-01(AIT'S , ap ame,
.•er--The Gene I BkiyslhOliOnwl0d0 (Sec. 47,
Pa itign ( ule 69 ter-4711.21:, ,,.;:rta
A. General concepts
1. Proof vst:•,,,evidence
„b"

2. Btii*denWproof vs. burden of evidence?

\
J. Folcible,e nlawfur tater 3. Equip,9ige rule
„ pi ere do xreivindicatoria B. Aatiesjilik. 4,
2\ k-JR le,70 \1,, Requisites (RuW8)
K. Con empt (Rgle4, 2NtExeliAl*ary
3. 0:i2idielal notice aria judi9ral admissions (Rule 129)
\
VI. SPECIAL PRO7INGS Scrpxrck h. C. Object (Real) Evidence (Rule f§(:),A),
A. Settleme t of estadkoLcieddaset . 15ert4ps D. Documentiance (Rule B9:43.
1. Ven mKgiopTt's.(Rule, Th)Th-‘ 1. Definition
2. Summary,settlebent qftsttge 4,131 2. BesOvide#SuHe
3. Allowance-or4WowanbLof I ,(Rule 76) 3. SecorigRamidence
4. Claims against theettatei e 86) 4. Parol Evidence rule
5. Payment of the debts of the estate (Rule 88) 5. Interpretation of documents
6. Sales, mortgages, and other encumbrances of property of decedent E. Testimonial Evidence (Rule 130, C)
(Rule 89) 1. Qualification of witnesses
7. Distribution and partition (Rule 90) 2. Testimonial privilege
B. Escheat (Rule 91) 3. Admissions and confessions
C. Guardianship 4. Previous conduct as evidence
1. Venue (Rule 92) 5. Testimonial knowledge
2. Appointment of guardians (Rule 93) 6. Hearsay and exceptions to the hearsay rule
3. General powers and duties of guardians (Rule 96) 7. Opinion rule
4. Termination of guardianship (Rule 97) 8. Character evidence
D. Writ of habeas corpus F. Burden of proof and presumptions (Rule 131)
1. Rule 102 G. Presentation of evidence (Rule 132)
2. Writ of habeas corpus in relation to custody of minors (A.M. No. 03- 1. Examination of witnesses
04-04-SC) 2. Authentication and proof of documents
E. Change of name (Rule 103) 3. Offer and objection
F. Cancellation or Correction of entries in the Civil Registry (Rule 108) H. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
G. Clerical error law (RA 9048)

792 793
 I. Weight and sufficiency of evidence (Rule 133)
J. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

IX. WRIT OF AMPARO (A.M. No. 07-9-12-SC)

APPENDIX "D"
X. WRIT OF HABEAS DATA (A.M. No. 08-1-16-SC)

XI. RULES OF PROCEDURE ON ENVIRONMENTAL CASES (A.M. No. 09-6-8-SC)

A. Temporary Environmental Protection Order (TEPO)
B. Writ of continuing mandamus
C. Writ of kalikasan
NOTE: This syllabus is an outline of the key topics that fall under the core subject "Legal
and Judicial Ethics and Practical Exercises". Accordingly, all Bar candidates should be
— NOTHING FOLLOWS — guided that only laws, rules, issuances, and jurisprudence pertinent to these topics as of
June 30, 2018 are examinable materials within the coverage of the 2019 Bar
Examinations.

I. LEGAL ETHICS
A. Practice of Law
1. Concept r .
2. Qualifications f9r ,c14,,m199prt241:1? Bar (BAre,Matter No. 1153)
3. Continuing repuirehintpiktierighip4pIthe bar
4. Appeal-gm-61 0f Non212aivyers
at-21%'CCW
Fait '
studenitp,
,,rafi
,, itice rule (Rule 138'j'A)
Non-lawyelsinourts and/or adrrri,9trative tribunals
F4t9cpedings wl-ere lawyers are pro ibitpd from appearing as
counsels 4. 1
5:0'Prohibited'agctice,4pf non lawyers‘c,and:a,pzr 1 71ce without authority
Publibofficials and the Vactice of law', prohibition's and
disqualifiAations.
7. Thp}:L-9,109r's Oath)
B. Dutieliortcle4Onsibilitieg of ;•Owyer under the Code of Professional
Resporikbility i)4
1. To s:o0etyl(Canons 1 tp.,6•
2. To tti6legal profgssionFa
CanonVtto 9
b. Ititedfated Bar of the Philippines (Rule 139-A)
ai Membership and dues
3. To the courts (Canons 10 to 13)
4. To the clients
a. Canons 14 to 22
b. Attorney's fees
I. Acceptance fees
ii. Contingency fee arrangements
iii. Attorney's liens
iv. Fees and controversies with clients
v. Quantum meruit
C. Suspension, disbarment and discipline of lawyers
1. Nature and characteristics of disciplinary actions against lawyers
2. Grounds
3. Proceedings (Rule 139-B, Rules of Court, as amended)
4. Recoverable amounts; intrinsically linked to professional
engagement
 "14;gs,: ;

D. Readmission to the Bar

1. Lawyers who have been suspended
2. Lawyers who have been disbarred
BIBLIOGRAPHY
E. Mandatory Continuing Legal Education (Bar Matter No. 850, as amended)
1. Requirements
2. Compliance
3. Exemptions
4. Sanctions
F. Notarial Practice (A.M. No. 02-8-13-SC, as amended) Amador, V. (2000). The E-Commerce Act and Other Laws @ Cyberspace. Quezon City,
1. Qualifications of a notary public Philippines: Advocate Book Supply Co.
2. Term of office of a notary public
3. Powers and limitations 2019 Bar Examinations Aquino, T. (2014). Notes and Cases on Banking Law and Negotiable Instruments Law.
4. Notarial Register Manila, Philippines: REX Book Store Inc.
5. Jurisdiction of notary public and place of notarization
6. Competent evidence of identity Aquino, T. (2014). Philippine Corporate Law Compendium. Manila, Philippines: REX Book
Store Inc.
7. Sanctions
8. Relation to Gotre Responsibility •
Insurance Law. Manila, Philippines: REX Book Store
Aquino, T. (2014). The Essentials ofArAurr
Inc. Ac, ••
II. JUDICIAL ETHICS
A. Sources
JudicialWridlItg tePPine Judiciary (Bangalore Aquino, T. and Hernando, R. (2016)13,The;Eisentials,of Transportation and Public Utilities
Law. Manila, Philippines: REX4'BoolOStdre.:1Lic:_.
113) A 7 `414.
2. Codedof Judicial Ciindy4. 4.,'
B. DisqualificOons 9f judicial officers (Rule 13' ) Cr) Banko Sentral ng PilipmasBanking Laws ,cif thePhilippines (Book I): The New Central
. o7npulsoly Bank Act AnnotatedWanila, ,,fi V, )
'-'4
N-1C' 11.t .' V :
,. t,
2.''-Vo untary 1 ''''u.-4 /.., Al ,\ ._ ,,:`.; 41,,, '''' ..
1 Black, H. C. (1990).1316as law41 1
.1clionary. 6 ipEd. St. Paul, Plinriesota: West Publishing
C. AdIrtgilstrAtive jurisdiction-qi‘tO.Atipreme Court overkludyes and Justices
(al(llev*)
.d.._•y. ., ,f - ,.--kkin ...:7•4
,. -".' ri
ee Broome And Mtrilsham. (3-,901),Regulation (*Bank Financial Se ••ice Activities. Minnesota:
1.-1 -,-... .,,,,,
... West Academic Piiii..411shlig k'-'-'
04i.i ). ,cri';
III. PRACTICALEXERCISESJ,,
1 \ ",-,-,, .:.1,,
..
A. Dem nd an authqilattmlett =4,6.,i
B. Simp e contracts: lease=and Collins English dictialry.0994).
.,, Glasgow: H6rperCollins Publishers.
-$0.
N- L
i4
C. Specialkpower ofka4taztic tti
D. Verificatiozandpertificp e-o 0 or De Leon H. & De Leon,t4r.0. (2016). C9rn7nzell tEjand Cases on Credit Transactions.
E. Notice of hminggn,d,pplanation.in Manila, Philippines: ki,-Eg'BookStorellriag.4.-,•_
4.„.1 •
ref
F. Judicial Affid&its , :a,„
Ul 4k,
G. Notarial certificateg:414,_rat andleknowXdgement De Leon, H., and De Leon41,.(2913). The Corporation Code of the Philippines Annotated.
H. Motions for extension of-trrriCtcrdl§miss, and to declare in default Manila, Philippines: REX$Otik Store Inc.

De Leon H. & De Leon, Jr. H. (2014). The Insurance Code of the Philippines. Manila,
- NOTHING FOLLOWS - Philippines: REX Book Store Inc.

De Leon, H. & De Leon, Jr. H. (2013). The Law on Negotiable Instruments (with
Documents of Title). Manila, Philippines: REX Book Store Inc.

Dizon, E. (2009). Banking Laws and Jurisprudence. Manila, Philippines: REX Book Store
Inc.

Dizon, E. (2009). The Insurance Code of the Philippines. Manila, Philippines: REX Book
Store Inc.

Dizon, E. (2011). Securities Regulation Code. Manila, Philippines: REX Book Store Inc.

Funa, D. (2012). Intellectual Property Law. Quezon City, Philippines: Central Book Supply
Inc.

796 797
Funa, D. (2012). Trademark Law of the Philippines. Quezon City, Philippines: Central
Book Supply Inc. • EpiA
Lopez, R. (1994). The Corporation Code of the Philippines: Annotated. Pasig City, Albano, E.S. et al. (2016). Remedial Law Reviewer. Quezon City, Philippines: Central
Philippines: Integrated Publishing House. Book Supply Inc.

Martin T. (1986). Commentaries and Jurisprudence on the Philippine Commercial Laws. Bersamin, L.P. (2000). Appeal and Review in the Philippines. Quezon City, Philippines:
Quezon City, Philippines: Central Book Supply Inc. Central Law Book Publishing Co., Inc.

Perez, H. (2000). Reviewer on Insurance, Insolvency and Code of Commerce. Manila, De Leon, M.M. and Wilwayco, D.R. (2015). Special Proceedings Essentials for Bench and
Philippines: REX Book Store Inc. Bar. Manila, Philippines: REX Book Store Inc.

Perez, H. (2014). The Insurance Code. Manila, Philippines: REX Book Store Inc. Feria, J.Y. (2004). 1997 Rules of Civil Procedure. Quezon City, Philippines: Central Law
Book Publishing Co., Inc.
Sundiang, J. and Aquino, T. (2017). Reviewer on Commercial Law. Manila, Philippines:
REX Book Store Inc. Feria, J.Y. (2013). Civil Procedure Annotated Quezon City, Philippines: Central Law Book
Publishing Co., Inc.
Villanueva, C. (2013). Philippine C rporate Lai P ili ines: REX Book Store Inc.
1 Festin, G.L.L. (2015). Special Procekings*Poresight to the Bar Exam and the Practice
Villanueva-Castro, M. 12016) akNote Comm r Series. Quezon City, of Law. Manila, Philippines: REtBbbk7Store Inc.
Philippines: Cen ral-B4V( up ly.Inc. ,- ›, 0:111
Francisco, R.J. (2017). Basic Evidence .6111.0@bPhilippmes: Central Book Supply
Villanueva-Castro, TakeNoe gimerc al 'es Quezon City, Inc. 14-r
Philippines: pply Inc. Ar ),, tefrs' ,,--,. li%
Herrera, O.M. (1999). Re yiedkel Law. Book V. Manila, Philippines: REX Book Store Inc.
.er ok cAf "t
Herrera, O.M. (2005)4teMecliallaw. Book lliA. Manila, Philippiries:'REX Book Store Inc.
LJ P ,.... p 0
4-4t? ,,. 1
•,w e-`.k
Herrera, O.M. (404 Rettedtpl Law. Bo& I Manila, Pttippees•J3E)(Apk Store Inc.
Amurao, M. (2013)(.6r
o)nglen CAnireelm ne. First Edition. tre -----.A g .,t,,>,,,, NI 'N.
,Z
. . ..-,ve
Quezon City, Philippi es: aecSral3odk Sup r I Herrera, O.M. (21567). Rertie;1 017LI
' Mfibk I ,Manila, Philiriiiiiiiik6k600k Store Inc.
l ,,`: N:& ,
fil
Boado, L. (2016). Compact ['WeemniMirrpql rLa, ,,,,Books I and II, Revised Penal Herrera, O.M. (2007).*mediaktkaw: Book IV,t,' Manila, Philippines: REX Book Store Inc.
Code and Speciakaws. Mani a, Phibpiiii
es“pook tore nc.
Pineda, E.L. (2003). Revised Rules on:Lrimina -rcice ureManila, Philippines: REX Book
Boado, L. (2018). Notes andkCasthe Revised ,..,
ode Books I and II and Special Store Inc. II/ '411-
Penal Laws. Manila, PhilippineIREX Elb46khe et"'
Regalado, F.D. (2008). Relnedial Law Compendium. Volume II. Mandaluyong City,
Campanilla, M. (2018). Criminal Law Reviewer - Volume One. Manila, Philippines: REX Philippines: Anvil Publishing Inc.
Book Store Inc.
Regalado, F.D. (2009). Remedial Law Compendium. Volume I. Mandaluyong City,
Festin, G. (2013). Special Penal Laws Criminal Law Reviewer- Volume One. Manila, Philippines: Anvil Publishing Inc.
Philippines: REX Book Store Inc.
Riano, W.B. (2005). Fundamentals of Civil Procedure. Manila, Philippines: REX Book
Regalado, F. (2009). Criminal Law Conspectus. Revised Edition. Caloocan City, Store Inc.
Philippines: Philippine Graphics Arts, Inc.
Riano, W.B. (2014). Civil Procedure: The Bar Lectures Series. Manila, Philippines: REX
Reyes, L. B. (2017). The Revised Penal Code - Criminal Law Book One. Nineteenth Book Store Inc.
Edition. Manila, Philippines: REX Book Store Inc.
Riano, W.B. (2016). Civil Procedure: The Bar Lecture Series. Manila, Philippines: REX
Reyes, L. B. (2017). The Revised Penal Code - Criminal Law Book Two. Nineteenth Book Store Inc.
Edition. Manila, Philippines: REX Book Store Inc.
Riano, W.B. (2016). Criminal Procedure: The Bar Lecture Series.. Manila, Philippines: REX
Book Store
Riano, W.B. (2016). Evidence: The Bar Lectures Series. Manila, Philippines: REX Book
Store Inc.

Sabio, Jr., J.L. (2008). Criminal Procedure Rules 110 — 117: A Primer Reviewer. Manila,
Philippines: REX Book Store Inc.

Tan, F.A. (2017). Civil Procedure: A Guide for the Bench and the Bar. Manila, Philippines:
REX Book Store Inc.

av

Agpalo, R.E. (2009). Legal and Judicial Ethics. Manila, Philippines: REX Book Store Inc.

Agpalo, R.E. (2006). Legal Forms (Practical Exercises in Pleading and Conveyancing).
Manila, Philippines: REX BoO.AStore

Albano, E.S., et al. (201$) DAand Reviewer). Quezon City,

Philippines: Centre lyvInc.

Dizon, M.T.S. (201 egf Ethics. \17E ok Store Inc.

1r'

Funa, D.B. (2009). Legal and judicial Ethics With Bar Examt tt) uestions. Quezon
City, Philippi • ds-Ce tral Biok-Supplyllti
,,_T-#1
;• ?m4
Garner, B.A. and .C. (1999). Bla fesillawActionlry (5th Egiljol.

Guevarra, S. (20 §torey I,7c.

Moreno, F.B. (199 es: REX Book Store Inc.

Pineda, E.L. (2009). thiccs..„ .:o

i a ec-Que on Pity, Philippines: Central Book
Supply Inc. ENT \
/

Pineda, E.L. (2009). Lega Philippines: Central Book

Supply Inc.

800