7 2020 UP BOC Remedial Law Reviewer PDF
7 2020 UP BOC Remedial Law Reviewer PDF
TABLE OF CONTENTS
3. Special Proceedings ............................. 244 F. CLAIMS AGAINST THE ESTATE ........................ 290
4. Criminal Procedure ............................... 247 1. Time within which Claims shall be filed;
5. Evidence ............................................... 251 Exceptions ............................................. 291
M. ALTERNATIVE DISPUTE RESOLUTION 251 2. Statute of Non-Claims ........................... 291
1. Types Of Processes And Procedures In Adr; 3. Claim of Executor or Administrator against
Comparison With Court-Annexed Mediation the Estate .............................................. 293
252 4. Payment of Debts .................................. 294
2. Domestic Arbitration .............................. 252 G. ACTIONS BY AND AGAINST EXECUTORS AND
3. Judicial Review Of Arbitral Awards ....... 253 ADMINISTRATORS ...................................................... 298
4. Appeal From Court Decisions On Arbitral 1. Actions by and against Executors ......... 298
Awards .................................................. 254 2. Requisites before Creditor may bring an
5. Special Rules Of Court On ADR ........... 254 Action for Recovery of Property
Fraudulently Conveyed by the Deceased
SPECIAL PROCEEDINGS .....................................267
.............................................................. 299
II. SPECIAL PROCEEDINGS ....................... 268 H. DISTRIBUTION AND PARTITION ........................ 300
A. SETTLEMENT OF ESTATE OF DECEASED 1. Liquidation ............................................. 300
PERSONS ............................................................. 268 2. Project of Partition ................................. 300
1. Which Court has Jurisdiction ................ 269 3. Remedy of an Heir Entitled to Residue but
2. Venue in Judicial Settlement of Estate . 269 Not Given His Share ............................. 301
3. Extent of Jurisdiction of Probate Court . 270 4. Instances when Probate Court may Issue
4. Powers and Duties of a Probate Court . 271 Writ of Execution ........................................... 301
B. SUMMARY SETTLEMENT OF ESTATES ............ 271 I. TRUSTEES.................................................... 302
1. Extrajudicial Settlement by Agreement 1. Distinguish Trustee and
Between Heirs; When Allowed ................ 271 Executor/Administrator .......................... 302
2. Two-Year Prescriptive Period ............... 272 2. Conditions of the Bond .......................... 303
3. Affidavit of Self-Adjudication by Sole Heir ... 3. Requisites for the Removal and
.............................................................. 273 Resignation of a Trustee ....................... 303
4. Summary Settlement of Estates of Small 4. Grounds for the Removal and Resignation
Value; When Allowed .............................. 273 of a Trustee ........................................... 303
5. Remedies of Aggrieved Parties after 5. Extent of Authority of Trustee ................ 304
Extrajudicial Settlement of Estate ............ 274 J. ESCHEAT ..................................................... 304
C. PRODUCTION AND PROBATE OF WILL .............. 276 1. When to File .......................................... 304
1. Nature of Probate Proceedings ............. 276 2. Requisites for Filing of Petition .............. 305
2. Who May Petition For Probate; Persons 3. Remedy of Respondent against Petition;
Entitled To Notice .................................... 277 Period for Filing a Claim ........................ 305
D. ALLOWANCE OR DISALLOWANCE OF WILL ....... 277 K. GUARDIANSHIP ............................................. 305
3. Contents of petition for allowance of will ..... 1. Venue .................................................... 306
.............................................................. 278 2. Appointment of Guardians .................... 306
4. Grounds for Disallowing a Will .............. 279 3. General Powers and Duties of Guardians ...
5. Reprobate; Requisites before Will Proved .............................................................. 307
Outside Allowed in the Philippines; Effects 4. Termination of Guardianship ................. 309
of Probate ............................................. 280 L. ADOPTION .................................................... 310
E. LETTERS TESTAMENTARY AND OF ADMINISTRATION 1. Distinguish Domestic Adoption from Inter-
281 country Adoption ...................................... 310
1. When and to Whom Letters of 2. Domestic Adoption ................................ 310
Administration are Granted ................... 281 3. Inter-country Adoption ........................... 313
2. Order of Preference .............................. 283 M. WRIT OF HABEAS CORPUS ............................. 314
3. Opposition to Issuance of Letters 1. Contents of the Petition ......................... 316
Testamentary; Simultaneous Filing of 2. Contents of the Return .......................... 317
Petition for Administration ..................... 284 3. Peremptory Writ and Preliminary Citation ...
4. Powers and Duties of Executors and .............................................................. 317
Administrators; Restrictions on the Powers ... 4. When Not Proper or Applicable ............. 318
.............................................................. 285 5. When Writ Disallowed or Discharged .... 318
5. Appointment of Special Administrator ... 288 6. Distinguished From Writ of Amparo and
6. Grounds for Removal of Administrator .. 289 Habeas Data ............................................ 319
U.P. LAW BOC REMEDIAL LAW
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A court is one with appellate jurisdiction when Philippine courts are courts of both law and
it has the power of review over the decisions or equity. Both legal and equitable jurisdictions
orders of a lower court. [1 Riano 47, 2016 are dispensed with in the same tribunal. [US v.
Bantam Ed.] Tamparong, 31 Phil 321-327 (1915)]
Appellate jurisdiction refers to a process which Equity jurisdiction is used to describe the
is but a continuation of the original suit, not a power of the court to resolve issues presented
commencement of a new action [Morales v. in a case, in accordance with the rules of
CA, G.R. No. 126623 (1997)] fairness and justice, and in the absence of a
clear, positive law governing such issues. [1
e. Courts of General and Special Riano 41, 2016 Bantam Ed.]
Jurisdiction
Equity, which has been aptly described as a
“justice outside legality,” is applied only in the
Courts of general jurisdiction are those with
absence of, and never against, statutory law.
competence to decide on their own jurisdiction
and take cognizance of all cases, civil and Aequetas nunquam contravenit legis [GF
Equity, Inc. v. Valenzona, G.R. No. 156841
criminal, of a particular nature.
(2005)]
Courts of special/limited jurisdiction are
those which have jurisdiction only for a h. Principle of Judicial Hierarchy
particular purpose or a clothed with special
powers for the performance of specified duties Also known as “The Doctrine of Hierarchy of
beyond which they have no authority of any Courts”
kind. [1 Riano 47, 2016 Bantam Ed.]
General Rule: A case must be filed with the
f. Constitutional and Statutory lowest court possible having the appropriate
jurisdiction.
Courts
For example, although the SC, CA, and the
A constitutional court is one created by a
RTC have concurrent jurisdiction over
direct constitutional provision, an example of
certiorari, prohibition, and mandamus, a direct
which is the SC. Only the SC is a constitutional
invocation of the SC is improper. A petition
court.
must be first made to the lowest court - the
RTC. [1 Riano 42, 2016 Bantam Ed]
A statutory court is one created by a law other
than the Constitution. All other courts are
Exception: The Supreme Court may disregard
statutory courts.
hierarchy of courts if warranted by the following
[1 Riano 45-46, 2016 Bantam Ed.] reasons:
1. Where special and important reasons are
present,
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2. When dictated by public welfare and policy, in consonance with the well-established
3. When demanded by interest of justice, principle that no man shall be affected by any
4. Where the challenged orders are patent proceeding to which he is a stranger [Sps.
nullities, Crisologo v. Omelio, A.M. No. RTJ-12-2321
5. Where compelling circumstances warrant, (2012), citing Sec. 16, Rule 39, and quoting
and Naguit v. CA, G.R. No. 137675 (2000)]
6. Where genuine issues of constitutionality
must be immediately addressed. [1 Riano
44-45, 2016 Bantam Ed] B. JURISDICTION OF
COURTS
Rationale
1. It would be an imposition upon the limited
Jurisdiction is the power of the court to hear,
time of the Court; and try, and decide a case. [Cuenca v. PCGG,
2. It would inevitably result in a delay, in the 535 SCRA 102]
adjudication of cases, which are remanded
or referred to the lower court as the proper In its expanded concept, it includes the
forum, or a trier of facts authority of the court to execute its
[People v. Azarraga, G.R. No. 187117 (2011)] decisions since such is an essential aspect of
jurisdiction and is the most important part of
A disregard of the doctrine of hierarchy of litigation [Echegaray v. Sec. of Justice, G.R.
courts warrants, as a rule, the outright No. 132601 (1999)]
dismissal of a petition [De Castro v. Carlos,
G.R. No. 194994 (2013)] Note: Jurisdiction is not the authority of the
judge to hear a case, but that of the court.
i. Doctrine of Non-Interference/ Jurisdiction over a case attaches to the court,
Doctrine of Judicial Stability and not the judge hearing it. It is not the
decision rendered, but rather the authority of
The Doctrine of Non-Interference/ Doctrine the court to decide the case.
of Judicial Stability holds that courts of equal
and coordinate jurisdiction cannot interfere with 1. Classification of Jurisdiction
each other’s orders. [Lapu-Lapu Devt Corp v.
Group Management Corp 388 SCRA 493, 508]
a. Distinguish: Original and
It also bars a court from reviewing or interfering Appellate
with the judgment of a co-equal court over
which it has no appellate jurisdiction or power Original Appellate
of review. [Villamor v. Salas 203 SCRA 540,
543] A court is one with
A court is one with
appellate jurisdiction
Note: Such doctrine applies also to original jurisdiction
when it has the
administrative bodies. When the law provides when actions or
power to review on
for an appeal to the CA or SC from the decision proceedings may be
appeal the decisions
of an administrative body, it means that such originally filed with it.
or orders of a lower
body is co-equal with the RTC and is then
court.
beyond the control of the latter. [Philippine
[1 Riano 47, 2016 Bantam Ed.]
Sinter Corp v. Cagayan Electric Power and
Light Co. Inc., G.R. No. 127371 (2002)]
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Concurrent/
Exclusive 3. Jurisdiction Of Philippine
Coordinate
Concurrent
Courts
jurisdiction is also
called coordinate a. Supreme Court
Exclusive
jurisdiction. It is the
jurisdiction General Rule: The SC is not a trier of facts.
power of different
precludes the idea of
courts to take Exception: The SC can look into the facts of a
co-existence and
cognizance of the case:
refers to jurisdiction
same subject matter. 1. When the conclusion is a finding grounded
possessed to the
Where such entirely on speculation, surmises and
exclusion of others.
jurisdiction exists, conjectures;
[Cubero v. Laguna
the court first taking 2. When the inference made is manifestly
West Multi-Purpose
cognizance of the mistaken, absurd or impossible;
Cooperatives, Inc., 3. Where there is a grave abuse of discretion;
case assumes
G.R. No. 166833 4. When the judgment is based on a
jurisdiction to the
(2006)] misapprehension of facts;
exclusion of the
5. When the findings of fact are conflicting;
other courts.
6. When the Court of Appeals, in making its
findings, went beyond the issues of the
[1 Riano 49, 2016 Bantam Ed.] case and the same is contrary to the
admissions of both appellant and appellee;
7. When the findings are contrary to those of
the trial court;
8. When the findings of fact are conclusions
without citation of specific evidence on
which they are based;
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9. When the facts set forth in the petition as Agency, the petition shall only be
well as in the petitioners' main and reply cognizable by the CA and must be
briefs are not disputed by the respondents; filed there
and
10. When the findings of fact of the Court of b. Quo Warranto petitions,
Appeals are premised on the supposed c. Writ of Habeas Corpus,
absence of evidence and contradicted by d. Writ of Amparo,
the evidence on record. [Aklan v. Enero, e. Writ of Habeas Data, and [1 Riano 93-
G.R. No. 178309, January 27, 2009] 94, 2016 Bantam Ed.]
f. Writ of KaIikasan. [Sec. 3, Rule 7, Part
EXCLUSIVE ORIGINAL JURISDICTION 3, Rules of Procedure for
Petitions for certiorari, prohibition, and Environmental Cases]
mandamus against appellate courts, namely:
a. Court of Appeals, [Sec. 17, R.A. 296] 2. With RTC
b. Commission on Elections, [Sec 7, Art. IX, a. Cases affecting ambassadors, public
Constitution] ministers, and consuls [Sec. 21(2),
c. Commission on Audit, [Sec. 7, Art. IX, B.P. 129]
Constitution] b. Petitions for certiorari, prohibition, and
d. Sandiganbayan, and [P.D. 1606 as mandamus against lower courts [1
amended] Riano 93, 2016 Bantam Ed.]
[1 Riano 106, 2014 Bantam Ed.] c. Quo Warranto petitions,
e. Court of Tax Appeals (not en banc). [1 d. Writ of Habeas Corpus,
Riano 92, 2016 Bantam Ed.] (if en banc, e. Writ of Amparo, and
SC in appellate jurisdiction) f. Writ of Habeas Data.
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(iii) All cases in which the jurisdiction ii. Civil Service Commission [R.A.
of any lower court is in issue, 7902]
(iv) All criminal cases in which the iii. Central Board of Assessment
penalty imposed is reclusion Appeals [P.D. 464; B.P. 129; R.A.
perpetua or higher, and 7902]
(v) All cases in which only an error or iv. NLRC and [St. Martin Funeral
question of law is involved, and Homes v. NLRC, G.R. No. 130866
[Sec. 5(2), Art. VIII, Constitution] (1998); R.A. 7902]
d. CTA in its decisions rendered en banc v. Other Quasi-Judicial Agencies.
[1 Riano 107, 2014 Bantam Ed.] [B.P. 129; R.A. 7902; Heirs of
e. MTC in the exercise of their delegated Hinog v. Melicor, G.R. No. 140954
jurisdiction, where the decision, had it been (2005) [1 Riano 106-107, 2014
rendered by RTC, would be appealable Bantam Ed.]
directly to the SC. [Sec. 34, B.P. 129, as b. Quo Warranto petitions,
amended] Such is the case because the c. Writ of Habeas Corpus,
MTC, when acting under delegated d. Writ of Amparo,
jurisdiction, is deemed to be acting as an e. Writ of Habeas Data, and [1 Riano 93-
RTC. [1 Riano 106, 2016 Bantam Ed.] 94, 2016 Bantam Ed.]
f. Writ of KaIikasan. [Sec. 3, Rule 7, Part
Only pure questions of law are involved when 3, Rules of Procedure for
no evidentiary matters are to be evaluated by Environmental Cases]
the SC. If the only issue is whether or not the
conclusions of the trial court are in consonance 2. With RTC
with law and jurisprudence, then the issue is a a. Petitions for certiorari, prohibition and
pure question of law [Urbano v. Chavez, G.R. mandamus against lower courts and
No. 87977 (1990)] bodies
b. Quo warranto petitions, and
Note that the SC has held that appeals from c. Writ of Habeas Corpus [1 Riano 96,
quasi-judicial agencies – even only on a 2016 Bantam Ed.]
question of law alone – may be brought to the d. Writ of Amparo, and [Sec. 3, Rule on
CA, via Rule 43 of the ROC. This constitutes the Writ of Amparo]
an exception to the general rule that e. Writ of Habeas Data [Sec. 3, Rule on
appeals on pure questions of law are the Writ of Habeas Data]
brought to the SC [Santos v. Committee on
Claims Settlement, G.R. No. 158071 (2009)] 3. With Sandiganbayan
(also see (a)(1)(v) under concurrent jurisdiction a. Writ of Amparo, and
of the SC) b. Writ of Habeas Data
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deed of conditional sale. The principal [Heirs of Sebe v. Heirs of Sevilla, G.R. No.
nature of Castillo’s action, therefore, is 174497 (2009)]
incapable of pecuniary estimation.”
c. Any action if the amount involved
See also: Heirs of Bautista v. Lindo [G.R. exceeds P300,000 outside Metro Manila
No. 208232 (2014)], where an action to or exceeds P400,000 in Metro Manila in
redeem a land subject of a free patent was the following cases [B.P. 129, as amended
characterized by the SC as one whose by R.A. 7691]:
subject matter was incapable of 1. Actions in admiralty and maritime
pecuniary estimation since the jurisdiction, where the amount refers
reacquisition of the land was merely to demand or claim [Sec. 19(3)]
incidental to and an offshoot of the exercise 2. Matters of probate (testate or
of the right to redeem the land, pursuant to intestate), where the amount refers to
Sec. 119 of CA 141. gross value of estate [Sec. 19(4)]
3. In all other cases where the amount
An expropriation suit is incapable of refers to the demand, exclusive of
pecuniary estimation [Barangay San interest, damages of whatever kind,
Roque v. Heirs of Francisco Pastor, G.R. attorney’s fees, litigation expenses,
No. 138896 (2000)] and costs [Sec. 19(8)]
b. Civil actions involving title to, or Note: This jurisdiction is deemed modified
possession of real property, or any by Sec. 5, R.A. 8369, the law establishing
interest therein, where assessed value the Family Courts. However, in areas
exceeds P20,000 outside Metro Manila, where there are no Family Courts, the
or exceeds P50,000 in Metro Manila [Sec. cases within their jurisdiction shall be
19(2), B.P. 129, as amended by R.A. 7691] adjudicated by the RTC [Sec. 17, R.A.
8369; 1 Riano 147, 2014 Bantam Ed.]
Exception: Forcible entry and unlawful
detainer (FEUD) cases, as FEUD cases e. All civil actions and special proceedings
are within the exclusive original jurisdiction falling within exclusive original
of the MTC. [Sec. 33(2), B.P. 129, as jurisdiction of the Court of Agrarian
amended by R.A. 7691] Reform [Sec. 19(7), B.P. 129, as amended
by R.A. 7691]
An action "involving title to real property"
means that the plaintiff's cause of action is f. All cases not within exclusive
based on a claim that he owns such jurisdiction of any court, tribunal, person,
property or that he has the legal rights to or body exercising judicial or quasi-judicial
have exclusive control, possession, functions [Sec. 19(6), B.P. 129, as
enjoyment, or disposition of the same. Title amended by R.A. 7691] This jurisdiction is
is the "legal link between (1) a person who often described as the “general
owns property and (2) the property itself." jurisdiction” of the RTC making it a court
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of general jurisdiction. [1 Riano 146, 2014 1. Does not allege any damage to the
Bantam Ed.] government or any bribery; or
2. Alleges damage to the government or
g. Intra-corporate controversies bribery arising from the same or closely
1. Cases involving devises or schemes related transactions or acts in an
employed by or any acts, of board of amount not exceeding P1 million. [Sec.
directors, business associates, its 4, P.D. 1606, as amended by R.A.
officers or partnership, amounting to 10660]
fraud and misrepresentation which
may be detrimental to interest of public CONCURRENT ORIGINAL JURISDICTION
and/or of stockholders, partners, 1. With SC
members of associations or a. Cases affecting ambassadors, public
organizations registered with SEC ministers, and consuls [Sec. 21(2),
2. Controversies arising out of intra- B.P. 129]
corporate or partnership relations, b. Petitions for certiorari, prohibition, and
between and among stockholders, mandamus against lower courts [1
members or associates; between any Riano 93, 2016 Bantam Ed.]
or all of them and corporation, c. Quo Warranto petitions,
partnership or association of which d. Writ of Habeas Corpus,
they are stockholders, members or e. Writ of Amparo, and
associates, respectively; and between f. Writ of Habeas Data
such corporation, partnership or
association and the state insofar as it 2. With CA
concerns their individual franchise or a. Petitions for certiorari, prohibition and
right to exist as such entity mandamus against lower courts and
3. Controversies in election or bodies
appointments of directors, trustees, b. Quo warranto petitions, and
officers or managers of such c. Writ of Habeas Corpus [1 Riano 96,
corporations, partnerships or 2016 Bantam Ed.]
associations d. Writ of Amparo, and [Sec. 3, Rule on
4. Petitions of corporations, partnerships the Writ of Amparo]
or associations to be declared in state e. Writ of Habeas Data [Sec. 3, Rule on
of suspension of payments in cases the Writ of Habeas Data]
where corporation, partnership of
association possesses sufficient 3. With Sandiganbayan
property to cover all its debts but a. Writ of Amparo, and
foresees impossibility of meeting them b. Writ of Habeas Data
when they respectively fall due or in
cases where corporation, partnership APPELLATE JURISDICTION
or association has no sufficient assets Appellate jurisdiction over cases decided by
to cover its liabilities, but is under lower courts (i.e. MTC) in their respective
management of a Rehabilitation territorial jurisdictions, except those made in
Receiver or Management Committee the exercise of delegated jurisdiction, which
[Sec. 52, Securities and Regulations Code] are appealable in the same manner as
decisions of the RTC. [Sec. 34, B.P. 129, as
h. Petitions for declaratory relief [Sec. 1, amended]
Rule 63]
SPECIAL JURISDICTION
i. Cases originally falling within the exclusive Special jurisdiction - SC may designate
original jurisdiction of the Sandiganbayan certain branches of RTC to try exclusively
where the information: criminal cases, juvenile and domestic relations
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Voluntary Appearance of the defendant gives Jurisdiction over the subject matter of a case is
the court jurisdiction over his person despite conferred by law and determined by the
lack of service of summons or a defective allegations in the complaint which comprise
service of summons. Since his voluntary a concise statement of the ultimate facts
appearance in the action shall be equivalent to constituting the plaintiff's cause of action.
service of summons. [Medical Plaza Makati Condominium v. Cullen,
G.R. No. 181416 (2013)]
For further discussion on voluntary
appearance, see section on Summons. The allegations in the body of the complaint
define the cause of action. The caption or title
b. Jurisdiction over the Subject of the cause of action is not controlling. [Dela
Matter Cruz v. CA, G.R. No. 139442 (2006)]
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vi. Objections to Jurisdiction over the which it has actively participated [Francel
Subject Matter Realty Corp. v. Sycip, G.R. No. 154684 (2005)]
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of facts or enter into agreement simplifying (2014); Perkins v. Dizon [G.R. No. 46631
the issues of the case [Sec. 2(c), Rule 18] (1939)]
c. Waiver or failure to object to evidence on
a matter not raised in the pleadings. Here Example: A land registration case is a
the parties try with their express or implied proceeding in rem. In such a case, actual
consent on issues not raised by the possession of the land by the court is not
pleadings. [Sec. 5, Rule 10] necessary. It is enough that there is
[1 Riano 83-84, 2016 Bantam Ed.] constructive seizure of the land through
publication and service of notice. [1 Riano 89,
The rule is that a party is entitled only to such 2016 Bantam Ed.]
relief consistent with and limited to that sought
by the pleadings or incidental thereto. A trial Jurisprudence holds that if the action is in rem
court would be acting beyond its or quasi in rem, jurisdiction over the person
jurisdiction if it grants relief to a party of the defendant is not required. What is
beyond the scope of the pleadings. required is jurisdiction over the res, although
[Gonzaga v. CA, G.R. No. 142037 (2004)] summons must also be served upon the
defendant in order to satisfy the requirements
d. Jurisdiction over the Res or of due process. [Gomez vs CA, G.R. No.
Property in Litigation 127692 (2004)]
“Res,” in civil law is a “thing” or “object.” It is Error of Jurisdiction is one which occurs
everything that may form an object of rights, as when the court exercises a jurisdiction not
opposed to a “persona,” which is the subject of conferred upon it by law or when the court acts
rights. It includes object, subject matter or in excess of its jurisdiction or with grave abuse
status [1 Riano 86, 2016 Bantam Ed., citing of discretion amounting to lack of jurisdiction.
Black’s Law Dictionary 1172, 5th Ed.] [GSIS v. Oliza, G.R. No. 126874 (1999)]
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(2) with grave abuse [Banco Filipino plaintiff and court and the subject
of discretion Savings and defendant, or matter
amounting to lack of Mortgage Bank v. petitioner and
jurisdiction CA, G.R No. 132703 respondent
(2000)] May be changed by
Fixed by law and
Correctable only by the written
cannot be conferred
the extraordinary writ agreement of the
by the act or
of certiorari. [Cabrera parties or waived
agreement of the
v. Lapid, G.R. No. expressly or
parties
129098 (2006)] impliedly
The court may
Note: Sec. 8, Rule 40 Correctable by The court may not dismiss an action
allows an RTC with appeal. [Cabrera v. dismiss an action motu proprio in case
original jurisdiction Lapid, G.R. No. motu proprio for of lack of jurisdiction
over a case brought 129098 (2006)] improper venue over the subject
on appeal from a [Rudolf Lietz matter
lower court without Holdings, Inc. v. [Rudolf Lietz
jurisdiction over Registry of Deeds of Holdings, Inc. v.
subject matter to Parañaque City, Registry of Deeds of
decide the case on G.R. No. G.R. No. Parañaque City,
the merits. 133240 (2000)] G.R. No. G.R. No.
When there is an 133240 (2000)]
error of jurisdiction on Jurisdiction over the
the part of the court, subject matter may
the decision The objection to an be raised at any
rendered is a total improper venue stage of the
An erroneous
nullity and may be must be raised in the proceedings since it
judgment on the part
struck down at any answer as an is conferred by law,
of the court does not
time, even on appeal; affirmative defense. although a party may
render the judgment
EXCEPT when party [Sec 12, Rule 8] be barred from
void.
raising the issue is It is no longer a valid raising it on the
barred by estoppel. ground for a motion ground of estoppel
[Suntay v. Gocolay, to dismiss. [La’o v. Republic,
G.R. No. 144892 G.R. No. 160719
(2005)] (2006)]
[1 Riano 73-74, 2014 Bantam Ed.] [Nocum v. Tan, G.R. No. 145022 (2005)]
[1 Riano 196, 2014 Bantam Ed.]
6. Distinguish: Jurisdiction and
Venue 7. Jurisdiction over Small
Claims, Rules on Summary
Venue Jurisdiction Procedure, Brgy. Conciliation
Place where the
Authority to hear and
case is to be heard a. Cases Covered by Revised
determine a case
or tried Rules of Procedure for Small
Procedural Substantive Claims Cases
Establishes a Establishes a
relation between relation between the
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10. Labor disputes or controversies arising character and whenever practicable and
from employer-employee relationship, convenient. [Sec. 4, Rule 1]
11. Where the dispute arises from the CARL,
or b. Commencement of Civil Action
12. Actions to annul judgment upon a
compromise which may be directly filed in The filing of the original complaint in court
court. signifies the commencement of the civil action.
[Supreme Court Administrative Circular No. 14- [Sec. 5, Rule 1]
93]
Note: Barangay conciliation is a condition c. Construction
precedent for filing a case. However, failure to
comply with a condition precedent is no longer The Rules shall be liberally construed in order
a ground for a motion to dismiss under the to promote a just, speedy, and inexpensive
Amended Rules. It is now included in the disposition of every action and proceeding.
enumerated Affirmative Defenses that may be [Sec. 6, Rule 1]
set out in the answer under Sec. 12(a), Rule 8.
Being a waivable defense, the failure to raise A strict and rigid application of the rules of
non-compliance with condition precedent in the procedure, especially on technical matters,
answer constitutes a bar from raising such which tend to frustrate rather than promote
defense later in the proceedings. substantial justice, must be avoided. [Tiorosio-
Espinosa v. Hofileña-Europa, G.R. No.
185746 (2016)]
C. CIVIL PROCEDURE However, compliance with the procedural
rules is still the general rule, and
abandonment thereof should only be done in
1. General Provisions the most exceptional circumstances. [Pilapil v.
Heirs of Briones, 514 SCRA 197 (2007)]
a. Applicability
2. Actions
The Rules of Court shall apply in all the courts,
except as otherwise provided by the Supreme An action is a formal demand of one's right
Court. [Sec. 2, Rule 1] in a court of justice in the manner
prescribed by the court or by the law. It is
Actions or Proceedings Governed by the the method of applying legal remedies
Rules of Court according to definite established rules.
1. Civil actions [Natcher vs Court of Appeals, G.R. No. 133000
2. Criminal actions (2001)]
3. Special Proceedings
[Sec. 3, Rule 1] The determinative operative act, which
converts a claim into an action, is its filing with
Actions or Proceedings Not Governed by a court of justice. [1 Riano 212, 2014 Bantam
the Rules of Court Ed.]
1. Election cases
2. Land registration cases a. Meaning of Ordinary Civil
3. Cadastral cases
Actions
4. Naturalization cases
5. Insolvency proceedings
An ordinary civil action is one which is
governed by the rules for ordinary civil actions.
However, the Rules may still apply to the
[Sec. 3(a), par. 2, Rule 1]
cases above by analogy or in suppletory
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Rules for Ordinary Civil Actions refer to Rule 2 or the prevention or right, or a particular
(Cause of Action) until Rule 61 (Provisional redress of a wrong fact [Sec. 3(c), Rule
Remedies). [Sec. 3(a), par. 1, 1]
● General Rules on Ordinary Civil Action - Rule 1]
Rule 2 to Rule 5
● Procedure in Trial Courts - Rule 6 to Rule The rules of ordinary civil actions have
39 suppletory application in special proceedings.
● Appeals - Rule 40 to Rule 43 [1 Riano 192, 2016 Bantam Ed.] (also see Sec.
● Procedure in the Court of Appeals - Rule 2, Rule 72)
44 to Rule 55
● Procedure in the SC - Rule 56
● Provisional Remedies - Rule 57 to Rule
e. Personal Actions and Real
61 Actions
Rules 62 to 71 provide for special civil actions. Not every action involving real property is a
However, despite having particular rules which real action because the realty may only be
govern the special civil actions, the rules for incidental to the subject matter of the suit. In
ordinary civil action still apply. the cases of Heirs of Bautista v. Lindo [G.R.
No. 208232 (2014)] involving a complaint to
d. Distinguish: Civil Actions and redeem a parcel of land subject of a free patent
Special Proceedings and Olivarez Realty vs Castillo [G.R. No.
196251 (2014) involving an action for
Special rescission of a contract involving real property],
Civil Action the SC held that the conveyance of real
Proceeding
property was only incidental to the
A civil action is ne by A special determination of matters incapable of
which a party sues proceeding is a pecuniary estimation. The cases were deemed
another for the remedy by which a personal actions because the principal action
enforcement or party seeks to or remedy sought does not involve title to or
protection of a right, establish a status, a possession of real property.
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Not a prerequisite to
Necessary for the court to Not a prerequisite to
confer jurisdiction on
validly try and decide the confer jurisdiction on the
Jurisdiction the court, provided that
case which can be made court, provided that the
over the the latter has jurisdiction
through service of latter has jurisdiction over
person over the res [Lucas v.
summons [Lucas v. Lucas, the res [Lucas v. Lucas,
Lucas, G.R. No. 190710
G.R. No. 190710 (2011)] G.R. No. 190710 (2011)]
(2011)]
Jurisdiction over the res
is acquired either (a) by Jurisdiction over the res is
the seizure of the acquired either (a) by the
property under legal seizure of the property
process, whereby it is under legal process,
brought into actual Jurisdiction is acquired whereby it is brought into
How custody of the law, or through service of actual custody of the law,
jurisdiction (b) as a result of the summons as provided in or (b) as a result of the
is acquired institution of legal the Rule 14 or voluntary institution of legal
proceedings, in which appearance proceedings, in which the
the power of the court is power of the court is
recognized and made recognized and made
effective [Lucas v. effective [Lucas v. Lucas,
Lucas, G.R. No. 190710 G.R. No. 190710 (2011)]
(2011)]
Any judgment therein is
The decision is binding Judgments therein are
binding only upon the
Binding as against the whole binding only upon the
parties properly
effect of world [Paderanga v. parties who joined in the
impleaded [Paderanga v.
decisions Buissan, G.R. No. action [Macasaet v. Co,
Buissan, GR. No. 49475
49475 (1993)] G.R. No. 156759 (2013)]
(1993)]
Petition for adoption,
Attachment, foreclosure of
annulment of marriage, Action for a sum of money;
mortgage, action for
or correction of entries action for damages [1
Examples partition and action for
in the birth certificate Riano 221, 2014 Bantam
accounting [1 Riano 227,
[Lucas v. Lucas, G.R. Ed.]
2014 Bantam Ed.]
No. 190710 (2011)]
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Tests to determine a “single” cause of pleading alone. [Sec. 5, Rule 2] It is the process
action of uniting two or more demands or rights of
The tests to ascertain whether two suits relate action in one action. [1 Riano 187, 2016
to a single or common cause of action are: Bantam Ed.]
a. Whether the same evidence would support
and sustain both causes of action (Same Rationale
Evidence Test); To avoid a multiplicity of suits and to expedite
b. Whether the defenses in one case may be disposition of litigation at minimum cost. [Ada
used to substantiate the complaint in the v. Baylon, G.R. No. 182435 (2012)]
other; and
c. Whether the cause of action in the second Rule merely permissive
case existed at the time of filing of the first The rule however is purely permissive as there
complaint. is no positive provision of law or any rule of
[Umale v. Canoga Park Development jurisprudence which compels a party to join all
Corp., G.R. No. 167246 (2011)] his causes of action and bring them at one and
the same time. [Nabus v. CA, G.R. No. 91670
Plaintiff's remedy if other reliefs not (1991)]
included in the complaint: Amendment
In the event that a plaintiff has omitted to Requisites
include in the complaint one or several other a. The plaintiff asserts numerous causes of
reliefs to which he may be entitled, the proper action in one pleading
remedy of the plaintiff is not to institute b. The causes of action are against the
another or several other actions – instead he opposing party
should move to amend the complaint to include c. The party joining the causes of action
the omitted relief or reliefs [Bayang v. CA, G.R. complies with the rules on joinder of parties
No. L-53564 (1987)] under Sec 6, Rule 3, and
d. The joinder shall not include special civil
Dismissal as effect of splitting of cause of actions or actions governed by special
action rules.
The filing of one or a judgment upon the merits
in any one is available as a ground for the Where causes of action are between the same
dismissal of the others [Sec. 4, Rule 2] parties but pertain to different venues or
jurisdictions, the joinder may be allowed in
The defendant facing a complaint which is the RTC provided one of the causes of action
infirm due to the plaintiff splitting causes of are within that court’s jurisdiction and venue
action may either allege the infirmity as an lies therein.
Affirmative Defense in his Answer [Sec. 5(b), [Sec. 5, Rule 2]
Rule 6], or file a Motion to Dismiss on the
following grounds: Totality Rule applies in Joinder of Actions
a. There is another action pending between Where the claims in all the causes of action are
the same parties for the same cause [Sec. principally for recovery of money, the
12 (a)(2), Rule 15], or aggregate amount claimed shall be the test of
b. The cause of action is barred by a prior jurisdiction
judgment. [Sec. 12 (a)(3), Rule 15]
Misjoinder of causes of action
f. Joinder and Misjoinder of There is misjoinder of causes of action when
Causes of Action conditions for joinder under Section 5, Rule
2 are not met. [Perez v. Hermano, G.R. No.
Joinder of causes of action 147417 (2005)]
It is the assertion of as many causes of action
as a party may have against another in one
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Effect of non-joinder of necessary parties A party may in one pleading assert, in the
Non-joinder of a necessary party does not alternative or otherwise, as many causes of
prevent the court from proceeding in the action. action as he may have against an opposing
The judgment rendered therein shall not party. One of the conditions for such joinder
prejudice the rights of such necessary party of causes of action is that the party joining the
[Sec. 9, par. 3, Rule 3] causes of action shall comply with the rules
on joinder of parties. [Sec. 5, Rule 2]
Remedy in case of non-joinder of necessary
parties iii. Misjoinder and Non-Joinder of
When a pleading asserting a claim omits to join Parties
a necessary party, the pleader must:
1. Set forth the name of the necessary party, Misjoinder
if known, and When one is made a party to the action
2. State the reason why he is omitted although he should not be impleaded. [1 Riano
[Sec. 9, par. 1, Rule 3] 285, 2014 Bantam Ed.]
Should the court find the reason for the non- Non-joinder
joinder of a necessary party unmeritorious, it When one is supposed to be joined but is not
may order the inclusion of such necessary impleaded in the action. [1 Riano 285, 2014
party, if jurisdiction over his person may be Bantam Ed.]
obtained. Failure to comply with such order
without justifiable cause shall be deemed a Effect of misjoinder or non-joinder of
waiver of the claim against such party [Sec. parties
9, pars. 1-2, Rule 3] Neither misjoinder nor non-joinder of parties is
a ground for dismissal of an action [Sec. 11,
ii. Permissive Joinder Rule 3]
All persons in whom or against whom any right Objections to defects in parties
to relief in respect to or arising out of the same Objections should be made at the earliest
transaction or series of transactions is alleged opportunity. Thus, objections to misjoinder
to exist, whether jointly, severally, or in the cannot be raised for the first time on appeal.
alternative, may except as otherwise provided [Lapanday Agricultural & Development
in these Rules, join as plaintiffs or be joined Corporation v. Estita, G.R. No. 162109 (2005)]
as defendants in one complaint, where any
question of law or fact common to all such iv. Class Suit
plaintiffs or to all such defendants may arise in
the action; but the court may make such orders Requisites
as may be just to prevent any plaintiff or a. Subject matter of the controversy is one of
defendant from being embarrassed or put to common or general interest to many
expense in connection with any proceedings in persons;
which he may have no interest [Sec. 6, Rule 3] b. The persons are so numerous that it is
impracticable to join them all as parties;
Requisites c. The court finds a number of them
1. The right to relief arises out of the same sufficiently numerous and representative of
transaction or series of transactions; the class as to fully protect the interests of
2. There is a question of law or fact common all concerned; and
to all the plaintiffs or defendants; and d. The representative sues or defends for the
3. Such joinder is not otherwise proscribed by benefit of all.
the provisions of the ROC on jurisdiction [Sec. 12, Rule 3]
and venue
[1 Regalado 91, 2010 Ed.]
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Only general interest in the subject matter damages on behalf of individual planters for an
of litigation required allegedly libelous article in an international
A class suit does not require a commonality of magazine. There is no common or general
interest in the questions involved in the suit. interest in the reputation of a specific individual.
What is required by the Rules is a common or Each of the sugar planters has a separate and
general interest in the subject matter of the distinct reputation in the community not shared
litigation [Mathay v. Consolidated Bank & Trust by the others [Newsweek, Inc. v. Intermediate
Company, G.R. No. L-23136 (1974)] Appellate Court, G.R. No. 63559 (1986)]
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Duty of counsel upon death of client Court may order the opposing party, within a
a. Inform court of such fact within 30 days specific time, to procure the appointment of an
after the death; and administrator or executor of the estate in the ff.
b. Give the name and address of the legal cases
representative. [Sec. 16, Rule 3] a. No legal representative is named; or
b. The one so named fails to appear within the
Effect of failure to comply specified period. [Sec. 16, Rule 3]
Failure to comply is a ground for disciplinary
action [Sec. 16, Rule 3] Substitution
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reasonable notice of the application regulated by the ROC. [Ang v. Sps. Ang, G.R.
therefor and accorded an opportunity to be No. 186993 (2012)]
heard UNLESS he expressly assents
thereto On dismissal based on improper venue
[Sec. 17, Rule 3]
Improper venue is no longer one of the
Action on contractual money claims grounds for a motion to dismiss under the
Shall not be dismissed but shall instead be Amended Rules. However, the ground of the
allowed to continue until entry of final judgment venue being improperly laid is one of those that
[Sec. 20, Rule 3] may be set as an Affirmative Defense in the
answer. The failure to raise the affirmative
Requisites defense in the answer will constitute a waiver
a. Action is for recovery of money, of such. [Sec 12, Rule 8]
b. The claim arose from express or implied
contract, and However, the court may make a motu proprio
c. Defendant dies before the entry of final dismissal for improper venue, inter alia, in
judgment in the court in which the action actions covered by the Rules on Summary
was pending. [Sec. 20, Rule 3] Procedure [Sec. 4], Rule of Procedure for
Small Claims cases [Sec. 9], and in ejectment
Effect cases. [Sec. 5, Rule 70]
If the plaintiff obtains a favorable judgment,
said judgment shall be enforced following the a. Venue of Real Actions
procedure provided for in the ROC for
prosecuting claims against the estate of a Real actions shall be commenced and tried in
deceased person [Sec. 20, Rule 3] He/She is the proper court which has jurisdiction over the
not supposed to file a motion for the issuance area wherein the real property involved, or a
of an order and writ of execution of the portion thereof is situated.
judgment [1 Riano 201, 2014 Bantam Ed.]
Forcible entry and detainer actions shall be
5. Venue commenced and tried in the municipal court of
the municipality or city wherein the real
Venue refers to the place where a civil action property involved, or a portion thereof, is
may be tried; in civil cases, it essentially situated.
concerns a rule of procedure which looks [Sec. 1, Rule 4]
primarily at the convenience of the litigants.
[Gumabon, et al. v. Larin, G.R. No. 142523, The rule, in its simplified form, means that if the
(2001)] action is real, the action is local, as opposed
to transitory, and the venue is the place where
In civil cases, it is a procedural matter and not the real property involved, or any portion
jurisdictional, as compared to criminal cases, thereof, is situated. [1 Riano 151, 2016 Bantam
where the venue is jurisdictional. Ed.]
Venue relates only to the place of trial or the Where the subject-matter of the action
geographical location in which an action or involves various parcels of land situated in
proceeding should be brought. It is intended to different provinces, the venue is determined
accord convenience to the parties and does not by the singularity or plurality of the transactions
equate to the jurisdiction of the court. [Dolot v. involving said parcels of land. Thus, where said
Paje, G.R. 199199 (2013)] parcels are the objects of one and the same
transaction, the venue is in the court of any of
Choosing the venue of an action is not left the provinces wherein a parcel of land is
entirely to a plaintiff’s caprice; the matter is
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situated. [1 Regalado 118, 2010 Ed., citing El c. Venue of Actions Against Non-
Hogar Filipino v. Seva, G.R. No. 36627 (1932)] Residents
b. Venue of Personal Actions Non-resident found in the Philippines
a. Personal action: where the nonresident
All other actions may be commenced and tried, defendant may be found, as authorized by
at the plaintiff’s election: Sec. 2, Rule 4, but with an additional
a. Where the plaintiff or any of the principal alternative venue, i.e., the residence of any
plaintiffs resides, or of the principal plaintiffs, pursuant to Secs.
b. Where the defendant or any of the principal 2 and 3, Rule 4. [1 Regalado 121, 2010
defendants resides, or Ed.]
c. In case of a non-resident defendant, where b. Real action: in the proper court which has
he may be found. [Sec. 2, Rule 4] jurisdiction over the area wherein the real
property involved, or a portion thereof is
The plaintiff or the defendant must be situated. [Sec. 1, Rule 4]
residents of the place where the action has
been instituted at the time the action is Non-resident not found in the Philippines,
commenced [Ang v. Sps. Ang, G.R. No. and the action affects:
186993 (2012)] a. Personal status of plaintiff – where
plaintiff resides, or
Definition of residence b. Property of defendant in the Philippines
The term “resides” as employed in the rule – where the property, or any portion
means the place of abode, whether thereof, is situated or found [Sec. 3, Rule 4]
permanent or temporary, of the plaintiff or
defendant, as distinguished from “domicile” d. When the Rules on Venue Do
which denotes a fixed permanent residence to Not Apply
which, when absent, one has the intention of
returning. [Dangwa Transportation Company v.
a. Cases where a specific rule or law provides
Sarmiento, G.R. No. L-22795 (1977)]
otherwise; examples:
1. Quo warranto proceeding commenced
The residence of a person is his personal,
by the Solicitor General, [Sec. 7, Rule
actual or physical habitation or his actual 66]
residence or place of abode, which may not
• The action may be brought in the
necessarily be his legal residence or domicile
Supreme Court, the Court of
provided he resides therein with continuity and
Appeals, or in a Regional Trial
consistency [Boleyley v. Villanueva, G.R. No.
Court in the City of Manila.
128734 (1999)]
2. Petition for a continuing writ of
mandamus, and [Sec. 2, Rule 8, Rules
A corporation cannot be allowed to file
of Procedure for Environmental Cases]
personal actions in a place other than its
• The petition shall be filed with the
principal place of business unless such
Regional Trial Court exercising
place is also the residence of a co-plaintiff or
jurisdiction over the territory where
defendant. [Davao Light v. CA, G.R. No.
the actionable neglect or omission
111685 (2001)]
occurred or with the Court of
Appeals or the Supreme Court.
3. Civil and criminal action for damages in
written defamation. [Art. 360, RPC]
• Note that for written defamations,
the default venue would be the
place where the libelous article is
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first published or where any of the unjustly denies a party a fair opportunity to
offended parties reside file suit in the place designated by the Rules.
• In case that the offended party is a The court shall take into consideration the
public officer, the proper venue economic conditions of the parties, the
would be either where he holds practical need to avoid numerous suits filed
office at the time of the commission against the defendant in various parts of the
of the crime, or the place where the country and the peculiar circumstances of the
libelous article is first published case [1 Regalado 124-125, 2010 Ed., citing
[Art. 360, RPC] Hoechst Philippines v. Torres, G.R. No. L-
44351 (1978)]
b. Parties have validly agreed in writing before
the filing of an action on the exclusive venue A complaint directly assailing the validity of
thereof. the written instrument itself should not be
[Sec. 4, Rule 4] bound by the exclusive venue stipulation
contained therein and should be filed in
e. Effects of Stipulations on accordance with the general rules on
Venue venue. [Briones v. CA and Cash Asia, G.R. No.
204444 (2015)]
The parties may stipulate on the venue as long
as the agreement is: 6. Pleadings
a. In writing,
b. Made before the filing of the action, and Pleadings are the written statements of the
c. Exclusive as to the venue respective claims and defenses of the parties,
submitted to the court for appropriate judgment
Types of stipulations on venue [Sec. 1, Rule 6]
a. Restrictive: suit may be filed only in the
place agreed upon Pleadings v. Motions
b. Permissive: parties may file their suit not Pleadings Motion
only in the place agreed upon but also in Purpose is to
the places fixed by the rules Application for
submit a claim
[Briones v. CA and Cash Asia, G.R. No. relief other
or defense for
204444 (2015)] Purpose than by a
appropriate
pleading [Sec.
Requirement to be binding judgment [Sec.
1, Rule 15]
To be binding, the parties must have agreed 1, Rule 6]
on the exclusive nature of the venue of any Judgment,
prospective action between them. The Other reliefs
which by its
agreement of parties must be restrictive and Relief that are not
character
not permissive [1 Regalado 124, 2010 Ed.] Sought included in a
finally disposes
judgment
In the absence of qualifying or restrictive of the case
words (e.g. “only/solely/exclusively in such [1 Riano 339, 2005 Ed.]
court”), venue stipulation is merely
permissive; that is, the stipulated venue is in Ultimate facts are essential facts constituting
addition to the venue provided for in the rules the plaintiff’s cause of action. A fact is essential
[Polytrade Corp. v. Blanco, G.R. No. L-27033 if it cannot be stricken out without leaving the
(1969)] statement of the cause of action insufficient
[Remitere v. Montinola, G.R. No. L-19751
When stipulation may be disregarded (1966)].
The court may declare agreements on venue
as contrary to public policy if such stipulation
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2. The claim against the third-party defendant 119085 (1999), citing First Philippine Holdings
must belong to the original defendant Corporation v. Sandiganbayan, G.R. No.
3. The claim of the original defendant against 88345 (1996)]
the third-party defendant must be based
upon the plaintiff's claim against the Further discussion under Section 11.
original defendant, Intervention
4. The defendant is attempting to transfer to
the third-party defendant the liability vii. Reply
asserted against him by the original plaintiff
[Philtranco Service Enterprises, Inc. v. A reply is a pleading, the office or function of
Paras, G.R. No. 161909 (2012)], and which is to deny, or allege facts in denial or
5. The court grants leave of court for the filing avoidance of new matters alleged in, or relating
of the same [Sec. 11, Rule 6] to actionable documents attached to an
answer. This is so, because under the
When the third (fourth, etc.) party complaint Amended Rules, the plaintiff may file a reply
will not be granted leave, and the court will only if the defending party attaches an
require the filing of a separate action: actionable document to his or her answer.
1. Where matters extraneous to the issue in [Sec. 10, Rule 6]
the principal case are raised, or
2. Where a new and separate controversy Note: An actionable document is a written
would be introduced in the action. [Sec. document that’s the basis of one’s cause of
11, Rule 6] action or defense. [1 Riano 280, 2016 Bantam
Ed.]
When, despite grant of leave allowing the
filing of a third-party complaint, the court Note: The function of a reply is to merely deny
dismisses the third (fourth) party complaint the allegations raised in the answer with the
1. The third-party defendant cannot be actionable document, not to impose new
located within 30 days from grant of leave. causes of action which arise from the answer.
[Sec. 11, Rule 6]
If the plaintiff wants to interpose a new claim
Additional rules on the basis of the actionable document
Where the trial court has jurisdiction over the attached in the answer, he should do this
main case, it also has jurisdiction over the third- through an amended or supplemental
party complaint, regardless of the amount complaint.
involved as a 3rd-party complaint is merely 1. The amended complaint must be with
auxiliary to and is a continuation of the main leave of court following Sec. 3, Rule 10.
action. [Republic v. Central Surety, G.R. No. L- 2. The supplemental complaint is allowed
27802 (1968)] only if it pertains to transactions,
occurrences, or events which have
A third-party complaint is not proper in an happened since the date of the complaint
action for declaratory relief. [Commissioner of following Sec. 6, Rule 10.
Customs v. Cloribel, G.R. No. L-21036 (1977)]
A reply is not the proper responsive pleading to
vi. Complaint-in-intervention a counterclaim or a cross-claim, as the proper
responsive pleading would be an answer to the
Intervention is a remedy by which a third counterclaim/cross-claim. [1 Riano 335, 2016
party, not originally impleaded in a proceeding, Bantam Ed.]
becomes a litigant therein to enable him to
protect or preserve a right or interest which If an actionable document is attached to the
may be affected by such proceeding. reply, the defendant may file a rejoinder. The
[Restaurante Las Conchas v. Llego, G.R. No. rejoinder must only deny, or allege facts in
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3. Relief
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Every pleading shall be dated. [Sec. 2, Rule 7] Note: the lawyer or law firm cannot pass on the
monetary penalty to the client. [Sec. 3, Rule 7]
ii. Signature and address
Under the old rules, an unsigned pleading may
Every pleading and other written submissions be remedied if it was due to mere inadvertence
to the court must be signed by the party or and not intended for delay. However, under the
counsel representing him or her. [Sec. 3, Rule Amended Rules, an unsigned pleading may
7] no longer be remedied since the provision for
such has been deleted from the amended rules
The signature of counsel constitutes a of court. The lawyer, law firm, or party
certificate that he or she has read the pleading responsible for filing an unsigned pleading may
and document and that such pleading or thus be sanctioned under this rule unless there
document: are exceptional circumstances. Also note that
a. Is not being presented for any improper an unsigned pleadings remains to be without
purpose to harass, delay, or increase cost legal effect, and is treated as “a mere scrap of
of litigation paper.”
b. Has claims, defenses, and other legal
contentions that are warranted by law or iii. Verification
jurisprudence, and not merely based on
frivolous arguments contrary to General Rule: Pleadings need not be under
jurisprudence oath or verified. [Sec. 4, Rule 7]
c. Has factual contentions that have
evidentiary basis or will most likely be Exception: When otherwise specifically
supported by evidence after availment of required by law or rule. [Sec. 4, Rule 7]
modes of discovery, and The following pleadings require verification, to
d. The denials of facts are based on evidence wit:
or based on belief of lack of information if 1. Pleadings filed in the inferior courts in
specially so identified. [Sec. 3, Rule 7] cases covered by the Rules on Summary
Procedure [Sec. 3B, Revised Rules on
Effect of violation of the rule: Summary Procedure]
The court may on motion or motu proprio, after 2. Petition for relief from judgment or order
notice and hearing, impose an appropriate [Sec. 3, Rule 38]
sanction or refer such to the proper office for 3. Petition for review from RTC to the CA
disciplinary action, unless exceptional [Sec. 1, Rule 42]
circumstances are present. 4. Petition for review from quasi-judicial
agencies to the CA [Sec. 5, Rule 43]
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5. Appeal by certiorari from the CTA to the SC c. The factual allegations therein have
[Sec. 12, R.A. 9282 amending Sec. 19, evidentiary support or, if specifically so
R.A. 1125] identified, will likewise have evidentiary
6. Appeal by certiorari from CA to the SC support after a reasonable opportunity for
[Sec. 1, Rule 45] discovery.
7. Petition for annulment of judgments or final The authorization of the affiant to act on
orders and resolutions [Sec. 1, Rule 47] behalf of the party, whether in the form of a
8. Complaint for injunction [Sec. 4, Rule 58] secretary’s certificate or a special power of
9. Application for appointment of receiver attorney, should be attached to the pleading.
[Sec. 1, Rule 59] [Sec. 4, Rule 7]
10. Application for support pendente lite [Sec.
1, Rule 69] Note: It is submitted that the requirement of the
11. Petition for certiorari against judgments, attachment of the document of authorization
final orders, or resolutions of constitutional implies that the authority of such person may
commissions [Sec. 2, Rule 64] no longer be proven during trial. This,
12. Petition for certiorari [Sec. 1, Rule 65] therefore, overturns existing jurisprudence
13. Petition for prohibition [Sec. 2, Rule 65] which provides that proof of one’s authority to
14. Petition for mandamus [Sec. 3, Rule 65] sign a verification may be taken up during trial.
15. Petition for quo warranto [Sec. 1, Rule 66] [246 Corp v. Daway, G.R. No. 157216 (2003)]
16. Complaint for expropriation [Sec. 1, Rule Proof of authority should already be
67] established by attaching said proof to the
17. Complaint for forcible entry or unlawful pleading.
detainer [Sec. 4, Rule 70]
18. Petition for indirect contempt [Sec. 4, Rule Effect of noncompliance or defective
71] verification
19. Petition for appointment of a general General Rule: A pleading required to be
guardian [Sec. 2, Rule 93] verified that contains a verification based on
20. Petition for leave to sell or encumber "information and belief", or upon "knowledge,
property of the ward by a guardian [Sec. 1, information and belief", or lacks a proper
Rule 95] verification, shall be treated as an unsigned
21. Petition for declaration of competency of a pleading. [Sec. 4, Rule 7]
ward [Sec. 1, Rule 97]
22. Petition for habeas corpus [Sec. 3, Rule Note: An unsigned pleading produces no legal
102] effect and is a “mere scrap of paper.”
23. Petition for change of name [Sec. 2, Rule
103] Exception: Lack of verification is a mere
24. Petition for voluntary judicial dissolution of formal, and not a jurisdictional, requirement. As
a corporation [Sec. 1, Rule 104] such, a defect in the verification does not
25. Petition for cancellation or correction of render the pleading fatally defective and the
entries in the civil registry [Sec. 1, Rule court may order its subsequent submission
108] or correction if such serves the ends of
justice. [Vda. de Formoso v. PNB, 650 SCRA
How Verified 35 (2001)]
By an affidavit under oath with the following
attestations: iv. Certification Against Forum
a. The allegations in the pleading are true and Shopping
correct based on personal knowledge or
authentic documents; Forum shopping
b. The pleading is not filed to harass, cause The repeated availment of several judicial
unnecessary delay, or needlessly increase remedies in different courts, simultaneously or
the cost of litigation; and successively, all substantially founded on the
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same transactions and the same essential Rationale: The plaintiff, not the counsel, is in
facts and circumstances, and all raising the best position to know whether he or it has
substantially the same issues, either pending in actually filed or caused the filing of a petition.
or already resolved adversely by some other Certification signed by counsel without proper
court [Asia United Bank v. Goodland Company, authorization is defective, and a valid cause for
Inc., G.R. No. 191388 (2011)] dismissal [Anderson v. Ho, G.R. No. 172590
(2013)]
Test to determine existence of forum
shopping Exception: Authorized person, usually
Whether in the two or more cases pending, counsel
there is identity of
1. Parties If, for justifiable reasons, the party-pleader is
2. Rights or causes of action, and unable to sign, he must execute a Special
3. Relief sought Power of Attorney designating his counsel of
[Huibonhoa v. Concepcion, G.R. No. 153785 record to sign on his behalf [Vda. de Formoso
(2005)] v. PNB, G.R. No. 154704 (2011)] In cases of a
juridical entity, the certification may be
Certificate of Non-Forum Shopping (CNFS) executed by a properly authorized person
The plaintiff or principal party shall certify through due authorization by a board
under oath in the complaint or other resolution. [Cosco v. Kemper, 670 SCRA 343
initiatory pleading asserting a claim for relief (2012)]
or in a sworn certification annexed thereto and
simultaneously filed therewith Note: Similar to the new requirement under
1. That he or she has not commenced any verification, the authorization of the affiant to
action or filed any claim involving the same act on behalf of the party, should be attached
issues in any court, tribunal or quasi- to the pleading.
judicial agency and, to the best of his
knowledge, no such other action is pending Effect of noncompliant CNFS
2. If there is such other pending action or Defect Effect
claim, a complete statement of the present Not curable by mere
status thereof, and amendment of the
3. If he or she should learn that the same or a
complaint or other
similar action or claim has been filed or is
pending, he shall report that fact within 5 initiatory pleading
calendar days to the court wherein his Failure to comply
aforesaid complaint or initiatory pleading with the Cause for dismissal
has been filed. [Sec. 5, Rule 7] requirements of the case, without
prejudice, unless
What pleadings require a certification
otherwise provided,
against non-forum shopping (Initiatory
upon motion and
pleadings)
1. Complaint after hearing
2. Permissive counterclaim False certification Constitutes indirect
3. Cross-claim contempt of court,
4. Third (fourth, etc.) party complain Non-compliance with
without prejudice to
5. Complaint-in-intervention any of the
administrative and
undertakings therein
criminal actions
Who signs:
General Rule: Plaintiff or Principal party When there is willful Ground for summary
and deliberate forum dismissal, with
shopping prejudice
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Malice, intent, knowledge or other condition of Effect of failure to deny under oath
the mind of a person may be averred generally The genuineness and due execution of the
[Sec. 5, Rule 8] actionable document is deemed admitted.
[Sec. 8, Rule 8]
ii. Pleading an actionable document
Meaning of due execution and genuineness
Actionable document That the party whose signature it bears admits
Whenever an action or defense is based or that he signed it or that it was signed by another
founded upon a written instrument or for him with his authority; that it was in words
document, said instrument or document is and figures exactly as set out in the pleading of
deemed an actionable document [1 Riano the party relying upon it; that the document was
359, 2014 Bantam Ed.] delivered and that any formal requisites
required by law, such as a seal, an
Pleading the document acknowledgment, or revenue stamp, which it
1. The substance of such document shall be lacks, are waived by him [Hibberd v. Rohde
set forth in the pleading, and and Mcmillian, G.R. No. 8418 (1915)]
2. The original or a copy thereof shall be
attached to the pleading as an exhibit. iii. Specific denials
[Sec. 7, Rule 8]
The purpose of requiring the defendant to
Note: The Amended Rules deleted the make a specific denial is to make him disclose
provision allowing for the copying of the the matters alleged in the complaint which he
instrument on the pleading. Therefore, such is succinctly intends to disprove at the trial,
no longer allowed as a means of pleading an together with matters which he relied upon to
actionable document. This means that setting support the denial. [Philippine Bank of
forth the substance of the actionable Communications v. Go, G.R. No. 175514
document and the attachment of such to the (2011)]
pleading is the only way to plead the document
under the Amended Rules. A denial does not become specific merely
because it is qualified by the word “specific” or
A variance in the substance of the document “specifically”. [Republic v. Gimenez, G.R. No.
set forth in the pleading and the document 174673 (2016)]
annexed thereto does not warrant dismissal of
the action. [Convets Inc. v. National Dev. Co., Material averments in any pleading asserting
G.R. No. L-10232 (1958)] a claim, other than those as to the amount of
unliquidated damages, shall be deemed
How to contest an actionable document admitted when not specifically denied. [Sec.
General rule: 11, Rule 8]
The adverse party, under oath, specifically
denies them, and sets forth what he or she Note: Under the previous Rules, only material
claims to be the facts averments in the complaint were deemed
admitted if not specifically denied. Under the
Exceptions: The requirement of an oath does Amended Rules widens the scope of such rule
not apply when: to include any pleading asserting a claim. It
1. The adverse party does not appear to be a is submitted, therefore, that this rule now
party to the instrument, or covers:
2. Compliance with an order for an inspection 1. Counterclaims
of the original instrument is refused. [Sec. 2. Cross-claims (both compulsory and
8, Rule 8] permissive)
3. Third (fourth, etc.) party complaints, and
4. Complaints-in-intervention.
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As to answers, any new allegations set forth Thus, the following are the affirmative
therein are deemed controverted. [Sec. 10, defenses that should be raised in the answer:
Rule 6] Under Sec. 5(b), Rule 6, 1st paragraph:
1. Fraud,
1. Effect of failure to make specific 2. Statute of limitations,
denials 3. Release,
4. Payment,
General rule: Material averments in a pleading 5. Illegality,
asserting a claim or claims shall be deemed 6. Statute of frauds,
admitted when not specifically denied [Sec. 11, 7. Estoppel,
Rule 8] 8. Former recovery,
9. Discharge in bankruptcy, and
Exceptions: 10. Any other matter by way of confession and
The following averments in the complaint are avoidance.
not deemed admitted even if not specifically
denied: Note: The court is allowed to conduct a
1. Amount of unliquidated damages [Sec. 11, summary hearing within 15 calendar days
Rule 8] from the allegation of these affirmative
2. Conclusions in a pleading, because it is for defenses in the answer. After such hearing,
a court to make conclusions, and they must be resolved by the court within 30
3. Non-material allegations or averments, calendar days from the end of the summary
because the rules provide that only hearing. [Sec. 12(d), Rule 8]
material allegations have to be denied. [1
Riano 300, 2016 Bantam Ed.] Under Sec. 5(b), Rule 6, 2nd paragraph
11. Lack of jurisdiction over the subject matter;
2. When a specific denial requires 12. Litis pendentia, and
an oath 13. Res judicata.
Specific denial under oath is required for the Note: Curiously, the Amended Rules do not
denial of the genuineness and due execution of provide a time for which the court must act on
an actionable document. But, as previously these grounds when they are alleged as
mentioned, an oath is not required when the affirmative defenses in the answer. Section 12,
adverse party does not appear to be a party to Rule 8 merely provides for a period for the
the instrument or when compliance with an affirmative defenses listed in the first
order for inspection of the original instrument is paragraph of Sec. 5(b), Rule 6 and not for
refused. [Sec. 8, Rule 8] those listed under the second paragraph of
such rule.
Note: The provisions on usury were deleted by
the amended rules. Under Sec. 12, Rule 8:
14. Lack of jurisdiction over the person of the
iv. Affirmative defenses defendant,
15. Improper venue,
A defendant shall raise his or her affirmative 16. Lack of legal capacity to sue of the plaintiff,
defenses in the answer. [Sec. 12, Rule 8] 17. Failure to state a cause of action, and
18. Failure to comply with a condition
The grounds shall be limited to those under precedent.
Sec. 5(b), Rule 6 and those enumerated under
Sec. 12, Rule 8. Note: The court must motu proprio resolve
these affirmative defenses within 30 calendar
days from the filing of the answer. [Sec. 12(c),
Rule 8]
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Effect of failure to raise the affirmative 3. Upon the court’s own initiative at any time.
defense at the earliest opportunity [Sec. 13, Rule 8]
General rule: Failure to raise an affirmative
defense in the answer or at the earliest e. Effect of failure to plead
opportunity constitutes a waiver of the
defense. i. Failure to plead defenses and
objections
Exception: Non-waivable grounds
1. Lack of jurisdiction over the subject matter; General rule: Defenses and objections not
2. Litis pendentia; pleaded in either a motion to dismiss or in the
3. Res judicata; and answer are deemed waived [Sec. 1, Rule 9]
4. Statute of limitations. [Sec. 1, Rule 9]
Exceptions:
Note: If the non-waivable grounds are not The court shall dismiss the case when it
raised in the answer, the Amended Rules appears from the pleadings or the evidence on
allow them to be proper grounds for a record that:
motion to dismiss. [Sec. 12, Rule 15] With the 1. The court has no jurisdiction over the
deletion of Rule 16, and consequently the time subject matter,
for filing of a motion to dismiss, it seems that 2. There is another action pending between
the Amended Rules do not provide for a the same parties for the same cause (litis
specific period where the filing of a motion to pendentia),
dismiss may be done. 3. The action is barred by a prior judgment
(res judicata), or
Remedy if the affirmative defense is denied 4. The action is barred by statute of limitations
Affirmative defenses, if denied, shall not be the (prescription). [Sec. 1, Rule 9]
subject of a motion for reconsideration, or a
petition for certiorari, prohibition, or Note: The Amended Rules provide that the
mandamus, but may be among the matters to aforementioned grounds are the only grounds
be raised on appeal after a judgment on the allowed in a motion to dismiss. [Sec. 12 (a),
merits. [Sec. 12(e), Rule 8] Rule 15]
Note: If denied, the case will proceed to trial. ii. Failure to plead compulsory
The defendant may raise the matter on appeal counterclaim and cross-claim
after judgment on the merits.
General rule: A compulsory counterclaim, or a
v. Striking out of a pleading cross-claim, not set up shall be barred. [Sec. 2,
Rule 9]
The court may order any pleading to be
stricken out or that any sham or false, Exceptions:
redundant, immaterial, impertinent, or 1. Omitted Counterclaim or Cross-claim
scandalous matter be stricken out therefrom. When a pleader fails to set up a
[Sec. 13, Rule 8] counterclaim or cross-claim through
oversight, inadvertence, or excusable
How done neglect, or when justice requires, he may,
1. Upon motion by a party before responding by leave of court, set up the counterclaim or
to a pleading; cross-claim by amendment before
2. Upon motion by a party within 20 calendar judgment. [Sec. 10, Rule 11]
days after service of the pleading upon him
or her, if no responsive pleading is allowed 2. Counterclaim or Cross-claim after
by the rules; or Answer
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The rule on default clearly establishes the A party in default may still participate as a
“failure to answer within the time allowed witness. [Cavili v. Florendo, G.R. No. 73039
therefor” as the ground for a declaration of (1987)]
default [Sec. 3, Rule 9].
The court may either:
Failure to attend the pre-trial does not result a. Proceed to render judgment granting the
in the "default" of the defendant. Instead, the claimant such relief as his or her pleading
failure of the defendant to attend shall be cause may warrant, or
to allow the plaintiff to present his evidence ex b. Require the claimant to submit evidence;
parte and the court to render judgment on the such reception of evidence may be
basis thereof [Aguilar v. Lightbringers Credit delegated to the clerk of court.
Cooperative, G.R. No. 209605 (2015)] [Sec. 3, Rule 9]
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default. However, the grounds that may be Relief after judgement has become final and
raised in such an appeal are restricted to any executory
of the following: He may file a petition for relief under Rule 38
a. The failure of the plaintiff to prove the [Lina v. CA, G.R. No. L-63397 (1985)]
material allegations of the complaint;
b. The decision is contrary to law; and These remedies presuppose that the
c. The amount of judgment is excessive or defending party was properly declared in
different in kind from that prayed for. default, but it is submitted, however, that
certiorari will lie when said party was
In these cases, the appellate tribunal should improperly declared in default. [1 Riano 374,
only consider the pieces of evidence that were 2014 Bantam Ed.]
presented by the plaintiff during the ex parte
presentation of his evidence. [Otero v. Tan, iv. Effect of a partial default
G.R. No. 200134 (2012)]
Partial default takes place when the complaint
iii. Relief from an order of default states a common cause of action against
several defendants, and only some of whom
Relief before judgment answer. [Sec. 3, Rule 9]
File a motion under oath to set aside the order
of default upon proper showing that: Effects
a. His or her failure to answer was due to 1. The court should declare defaulting
fraud, accident, mistake or excusable defendants in default, and proceed to trial
negligence, and on answers of others
b. He has a meritorious defense - such that 2. If the defense is personal to the one who
the motion must be accompanied by a answered, it will not benefit those who did
statement of the evidence which he intends not answer.
to present if the motion is granted and
which is such as to warrant a reasonable v. Extent of relief
belief that the result of the case would
probably be otherwise if a new trial is A judgment rendered against a party in default
granted [Kilosbayan v. Janolo, G.R. No. shall neither:
180543 (2010)] [Sec. 3(b), Rule 9] 1. Exceed the amount,
2. Be different in kind from that prayed for, nor
In such a case, the order of default may be set 3. Award unliquidated damages. [Sec. 3(d),
aside in such terms and conditions as the judge Rule 9]
may impose in the interest of justice. [Sec. 3(b),
Rule 9] The fact that the defendant was declared in
default is of no moment when the plaintiff would
Relief after judgment but before it has not have been entitled to relief since his
become final and executory complaint did not state a cause of action, hence
The party declared in default may file: the same should be dismissed. [1 Regalado
a. a motion for new trial under Sec. 1(a), Rule 193, 2010 Ed., citing Reyes v. Tolentino, G.R.
37 [Lina v. CA, G.R. No. L-63397 (1985)], No. L-29142 (1971)].
or
b. an appeal from the judgment as being vi. Actions where default are not
contrary to the evidence or the law allowed
[Republic v. Sandiganbayan, G.R. No.
148154 (2007), cited in 1 Riano 373, 2014 In case of failure to file an answer in an action
Bantam Ed.] for:
1. Annulment or declaration of nullity of
marriage, or
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Papers required to be filed and served c. Exception to the Sun Insurance doctrine
a. Judgment – The Sun Insurance rule allowing payment
b. Resolution of deficiency does not apply where plaintiff
c. Order never demonstrated any willingness to
d. Pleading subsequent to the complaint abide by the Rules to pay the docket fee
e. Written motion but stubbornly insisted that the case filed
f. Notice was one for specific performance and
g. Appearance
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How service by electronic means or party notifies the court of any change as
facsimile is made aforementioned. [Sec. 11, Rule 13]
Service by electronic means Note: Due to the rule providing for such
1. By sending an e-mail to the party’s or presumption, any actual change in the e-mail
counsel’s e-mail address, or addresses or facsimile numbers of the parties
2. Through other electronic means of will not bind the court unless the party gives
transmission. notice of the change.
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vi. Service of judgments, final orders, judgements, final orders, and resolutions as
or resolutions; service of court- dictated by Sec. 13, Rule 13. This is so
issued orders and other because Sec. 13, Rule 13 uses the word “shall”
documents in enumerating the modes of service applicable
to such documents. Electronic service
Service of judgments, final orders, or cannot replace these modes of service, and
resolutions may only supplement the same. It appears,
Judgments, final orders, or resolutions shall be therefore, that the rationale for allowing
served either: electronic service in these cases is to ensure
1. Personally, receipt by the parties to the case.
2. By registered mail,
3. By accredited courier, upon ex parte vii. Conventional service or filing of
motion of any party orders, pleadings, and other
4. By publication, when a party summoned by documents
publication has failed to appear in the
action. Expenses of publication must be General Rule: The following should not be
borne by the prevailing party. [Sec. 13, served or filed electronically, and shall be filed
Rule 13] or served personally or by registered mail:
1. Initiatory pleadings and initial responsive
Note: Curiously, both Sec. 5, Rule 13 and Sec. pleadings (answer);
13, Rule 13 mandate different methods of 2. Subpoena, protection orders, and writs;
service when it comes specifically to 3. Appendices and exhibits to motions, or
“judgements” and “final orders”. It is other documents that are not readily
submitted that the enumeration in Sec. 13, amenable to electronic scanning; and
Rule 13 should govern when it comes to these 4. Sealed and confidential documents or
two court documents, as such rule specifically records.
provides for the method of service of
“judgements” and “final orders”. Sec. 5, Rule Exception: When the court gives express
13 on the other hand, covers the method of permission for them to be filed electronically.
service for a more general list of court [Sec. 14, Rule 13]
documents. Lex specialis derogat legi generali.
Specific provisions of law govern over general 7. When service is deemed
provisions. complete
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Note: This is a new rule introduced by the complaint whose cause of action has not
Amended Rules. The old rule provided that in yet accrued cannot be cured or remedied by
a situation where issues not raised in the an amended or supplemental pleading
pleadings were tried with the consent of the alleging the existence or accrual of a cause of
parties, the pleadings should be subsequently action while the case is pending. [Swagman v.
CA, G.R. No. 161135 (2005)]
amended on motion of a party to conform to
evidence.
iii. Formal amendment
i. Amendment as a matter of right
When proper
a. Defect in the designation of the parties, or
A party may amend his pleading once as a
b. Other clearly clerical or typographical
matter of right
errors
a. At any time before a responsive pleading is
[Sec. 4, Rule 10]
served, or
b. In the case of a reply, at any time within 10
How made
calendar days after it is served
Such defects or errors are summarily
[Sec. 2, Rule 10]
corrected by the court, at any stage of the
action, at its initiative or on motion, provided no
A motion to dismiss is not a responsive
prejudice is caused thereby to the adverse
pleading and does not preclude the exercise of
party.
the plaintiff’s right to amend his complaint.
[Sec. 4, Rule 10]
[Remington Industrial Sales v. CA, G.R. No.
133657 (2002)]
iv. Effect of amended pleading
ii. Amendments by leave of court
1. Supersedes the pleading that it amends,
2. Admissions in the superseded pleadings
Substantial amendments may be made only
may be offered in evidence against the
upon leave of court [Sec. 3, Rule 10]
pleader
Requisites
a. Motion for leave of court, accompanied by Note: The amended rules changed the
the amended pleading sought to be word “received” into “offered”, meaning
admitted; [Sec. 10, Rule 15] that the admissions in the superseded
b. Notice is given to the adverse party; and pleadings may not necessarily be received
c. Parties are given the opportunity to be in evidence. They are considered
heard. [Sec. 3, Rule 10] extrajudicial admissions.
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Rules for service of summons by plaintiff Note: The old provision provides for
The court shall authorize the plaintiff to serve “tendering” as a means of service whenever
summons together with the sheriff upon ex handing a copy to the defendant in person is
parte motion in 2 instances: not possible. The amendment merely explains
1. In case of failure of service of summons by what tendering means and how it is done.
the aforementioned persons, or
2. In cases where summons is to be served e. Substituted service
outside the judicial region of the court
where the case is pending. When availed of
- Note: There is no need for prior failure Substituted service may be availed of when for
to serve in this case before the plaintiff justifiable reasons, the defendant cannot be
may be authorized by the court to served personally after at least 3 attempts on 2
serve. different dates. [This reflects the ruling in the
case of Manotoc v. CA, 499 SCRA 21 (2006)]
If the plaintiff is a juridical entity
1. It shall notify the court, in writing, name its Note: As per Sec. 20, Rule 14, the attempts
authorized representative, and must be done within the 30 calendar day period
2. A board resolution or secretary’s certificate provided for the completion of service of
must be attached stating that such summons.
representative is duly authorized to serve
the summons on behalf of the plaintiff. How done [Sec. 6, Rule 14]
1. By leaving copies of the summons at the
If the plaintiff misrepresents that the defendant's residence to a person at
defendant was served summons, and it is least eighteen (18) years of age and of
later proved that no summons was served: sufficient discretion residing therein;
a. The case shall be dismissed with • To be of sufficient discretion, a
prejudice, person must know how to read and
b. The proceedings shall be nullified, and understand English to comprehend the
c. The plaintiff shall be meted appropriate import of the summons, and fully
sanctions. realize the need to deliver the
summons and complaint to the
If summons is returned without being defendant at the earliest possible time
served on any or all the defendants, for the person to take appropriate
The court shall order the plaintiff to cause the action. [Prudential Bank v. Magdamit,
service of summons by other means available G.R. No. 183795 (2014)]
under the Rules. 2. By leaving copies of the summons at the
• Failure to comply with the order shall lead defendant's office or regular place of
to dismissal without prejudice. [Sec. 3, business with some competent person in
Rule 14] charge thereof.
• A competent person includes, but is not
d. Personal service limited to, one who customarily
receives correspondences for the
How done defendant;
1. By handing a copy to the defendant in • Must be the one managing the office or
person and informing the defendant that he business of the defendant, such as the
or she is being served, or president or manager; and such
2. If he or she refuses to receive and sign for individual must have sufficient
it, by leaving the summons within the view knowledge to understand the obligation
and in the presence of the defendant. [Sec. of the defendant in the summons, its
5, Rule 14] importance, and the prejudicial effects
arising from inaction on the summons.
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must answer, which shall not be less than 60 Note: Such service shall not bind any person
calendar days after notice. [Sec. 17, Rule 14] whose connection with the entity has, upon due
notice, been severed before the action was
h. Service upon prisoners and filed. [Sec. 7, Rule 14]
minors; upon spouses
Upon domestic private juridical entity
Upon prisoners Service is effected upon:
Where the defendant is a prisoner confined a. The president,
in a jail or institution, service shall be effected b. Managing partner,
upon him by the officer having the c. General manager,
management of such jail or institution. d. Corporate secretary,
• Such officer is deemed a special sheriff e. Treasurer, or
• He or she shall file a return within 5 f. In- house counsel.
calendar days from service of summons.
[Sec. 8, Rule 14] Service may be effected wherever they may be
found, or in their absence or unavailability, on
Upon minors or incompetent persons their secretaries. [Sec. 12, Rule 14]
Where the defendant is a minor, insane, or
incompetent person, service of summons shall Note: This is a new provision that seeks to
be made: address the issue of plaintiffs under the old
a. Upon him or her personally, and rules frequently having to ask for alias
b. On his or her legal guardian summons that would include new addresses of
i. If none, on his or her guardian ad litem the officers. This is in line with the amended
whose appointment shall be applied for rule that alias summons will only be issued for
by the plaintiff lost summons.
ii. In the case of a minor, on his or her
parent or guardian. [Sec. 10, Rule 14] If service cannot be made on the enumerated
officers or their secretaries, it shall be made
Upon spouses upon the person who customarily received
When spouses are sued jointly, service of the correspondence for the defendant at its
summons should be made to each spouse principal office. [Sec. 12, Rule 14]
individually. [Sec. 11, Rule 14]
Note: A person who customarily receives
correspondence is also a person to whom
i. Service upon domestic or
substituted service of summons may be made
foreign private juridical entities after at least 3 attempts on 2 different dates.
[Sec. 6, Rule 14] However, with such provision
Upon an entity without juridical personality
under this section, it appears that the
a. When applicable
requirement of 3 attempts on 2 different dates
1. Persons are associated in an entity
does not apply in this instance. As soon as
without juridical personality, and
service cannot be made on the officers or their
2. They are sued under the name by secretaries, service can already be made on
which they are generally or commonly
the person customarily receiving
known correspondence.
b. Service may be effected upon all the
defendants by serving upon Domestic juridical entity under receivership
1. Any one of them, or
or liquidation
2. The person in charge of the office or
Service of summons shall be made on the
place of business maintained in such receiver or liquidator. [Sec. 12, Rule 14]
name.
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c. Party alleging valid summons will now c. With supporting affidavits and other
prove that summons was indeed served. papers if
[Heirs of Manguiat v. CA, G.R. No. 150768 i. Required by the ROC, or
(2008)].
ii. Necessary to prove facts alleged
d. If there are no valid summons, the court did
not acquire jurisdiction which renders null therein. [Sec. 3, Rule 15]
and void all subsequent proceedings and
issuances. [Santiago Syjuco, Inc. v. Form
Castro, G.R. No. 70403 (1989)]. General rule: In writing
The rules applicable to pleadings shall apply to
8. MOTIONS written motions so far as concerns caption,
designation, signature, and other matters of
a. Motions in General form. [Sec. 11, Rule 15]
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f. Motion for the issuance of a writ of motion to dismiss. The grounds, however, are
possession; limited only to lack of jurisdiction over the
g. Motion for the issuance of an order subject matter, litis pendentia, res judicata, and
directing the sheriff to execute the final prescription. [Sec. 12, Rule 15] Notably, the
certificate of sale; and Amended Rules empower the court to dismiss
h. Other similar motions. [Sec. 4, Rule 15] a case motu proprio if the aforementioned non-
waivable grounds are apparent on the face of
v. Omnibus Motion Rule the complaint. [Sec. 1, Rule 14]
General rule: A motion attacking a pleading, The other grounds for a motion to dismiss
order, judgment, or proceeding shall include all under Rule 16 of the old Rules (i.e. lack of
objections then available. All objections not jurisdiction over the person, improper venue,
included in the motion are deemed waived lack of capacity to sue, payment/release,
[Sec. 9, Rule 15] unenforceability under the statute of frauds,
failure to comply with condition precedent) can
Purpose: To require the movant to raise all now only be raised as affirmative defenses.
available exceptions for relief during a single [Sec. 12, Rule 8, citing Sec. 5(b), Rule 6]
opportunity so that multiple and piece-meal
objections may be avoided. [Manacop v. Court When a Motion to Dismiss can be Filed
of Appeals, G.R. No. 104875 (1992)] Under the old Rules, a motion to dismiss
should be filed within the time for filing an
Exceptions: Non-waivable grounds under answer to the complaint. [Sec. 1, Rule 16, 1997
Sec. 1, Rule 9, namely: Rules of Civil Procedure] If a motion to dismiss
a. Lack of jurisdiction over subject matter was denied, the old Rules provided that the
b. Litis pendentia movant may be allowed to file an answer within
c. Res judicata the balance of the period to file an answer, but
d. Prescription [Sec. 9, Rule 15] not less than 5 days in any event. [Sec. 4, Rule
16, 1997 Rules of Civil Procedure]
vi. Prohibited Motions
However, with the repeal of Rule 16 under the
The following motions shall not be allowed: Amended Rules, it seems that the Rules do not
1. Motion to dismiss except on the following provide specifically when a motion to dismiss
grounds: can be filed. It is therefore submitted that it is
• Lack of jurisdiction over the subject unnecessary for the rules to provide a period
matter, for filing a motion to dismiss, since the grounds
• Litis pendentia, or under Sec. 1, Rule 9 are non-waivable. Thus,
• That the action is barred by res judicata a motion to dismiss can be filed at any time
or the statute of limitations. [Sec. 12, during the proceedings, subject to the
Rule 15] exception of estoppel by laches provided for in
Tijam v. Sibonghanoy [23 SCRA 29 (1968)].
Motion to Dismiss
The Amended Rules of Court have deleted Remedies from the Denial of a Motion to
Rule 16 of the old Rules of Court, which Dismiss
formerly dealt with motions to dismiss. Despite
this, the Amended Rules do allow the filing of a
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will be admitted. The Rules authorizes the with sufficient definiteness or particularity to
court, in its discretion, to accept a pleading, enable him properly to prepare his responsive
although filed late. [Sec. 11, Rule 11] pleading. [Sec. 1, Rule 12]
6. Motion for postponement intended for An action cannot be dismissed on the ground
delay, except if it is based on: that the complaint is vague or indefinite. The
• Acts of god, remedy of the defendant is to move for a bill of
• Force majeure, or particulars, or avail of the proper mode of
• Physical inability of the witness to discovery. [Galeon v. Galeon, G.R. No. L-
appear and testify. [Sec. 12, Rule 15] 30380 (1973)]
Note: Sec. 3, Rule 30 allows postponement of The only question to be resolved in such
trial due to illness of party or counsel, provided motion is whether the allegations in the
that their presence is indispensable and that complaint are averred with sufficient
the character of illness is such as to render the definiteness or particularity to enable the
non-attendance excusable. movant to properly prepare his responsive
pleading and to prepare for trial. [Tantuico, Jr.
v. Republic, G.R. No. 89114 (1991)]
b. Motions for Bill of Particulars
Before responding to a pleading, a party may What cannot be done in a bill of particulars
move for a definite statement or for a bill of a. To supply material allegations necessary to
particulars of any matter which is not averred the validity of a pleading
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b. To change a cause of action or defense a. Order the striking out of the pleading or
stated in the pleading the portions thereof to which the order
c. To state a cause of action or defense other is directed, or
than the one stated b. Make such an order as it may deem
d. To set forth the pleader’s theory of his just. [Sec. 4, Rule 12]
cause of action or a Rule of evidence on 2. If the plaintiff fails to obey, his complaint
which he intends to reply may be dismissed by the court. This
e. To furnish evidentiary information [Virata v. dismissal shall have the effect of an
Sandiganbayan, G.R. No. 103527 (1993)] adjudication upon the merits, unless
otherwise declared by the court. [Sec. 3,
ii. Actions of The Court Rule 17]
3. If the defendant fails to obey, his answer
Upon the filing of the motion, the clerk of court will be stricken off and his counterclaim
must immediately bring it to the attention of the dismissed, and he will be declared in
court, which may either default upon motion of the plaintiff. [Sec. 3,
1. Deny, or Rule 9; Sec. 4, Rule 12; Sec. 4, Rule 17] [1
2. Grant the motion outright, or Riano 422, 2011 Ed.]
3. Allow the parties the opportunity to be
heard. [Sec. 2, Rule 12] iv. Effect on The Period To File A
Responsive Pleading
iii. Compliance with the Order and
Effect of Non-compliance Provided that the Motion for Bill of Particulars
is sufficient in form and substance, it stays the
If motion is granted, either in whole or in part, period for the movant to file his responsive
the pleader must file a bill of particulars or a pleading. [1 Riano 422, 2011 Ed.]
more definite statement, within 10 calendar
days from notice of order, unless the court fixes When to file responsive pleading
a different period. 1. After
a. Service of the bill of particulars or of a
The bill of particulars or a more definite more definite pleading, or
statement ordered by the court may be filed b. Notice of denial of his motion
either in a separate pleading or in an amended 2. The moving party may file his responsive
pleading, serving a copy thereof on the pleading
adverse party [Sec. 3, Rule 12] a. Within the period to which he was
entitled at the time of filing his motion,
A bill of particulars becomes part of the b. Which shall not be less than 5 calendar
pleading for which it was intended [Sec. 6, Rule days in any event. [Sec. 5, Rule 12]
12]
9. DISMISSAL OF ACTIONS
Effect of non-compliance
1. If the order is not obeyed, or in case of
insufficient compliance therewith, the court a. Dismissal with Prejudice
may
When a motion to dismiss or an affirmative
defense is granted on the following grounds,
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Note: Sec. 1, Rule 17 refers to “before service”, General rule: Dismissal is without prejudice
not “before filing.”
Exception: Otherwise specified in the order
Withdrawal is not automatic but requires an [Sec. 2, Rule 17]
order by the court confirming the dismissal.
Until thus confirmed, the withdrawal does not Effect on counterclaim
take effect [1 Herrera 1055, 2007 Ed.] The dismissal shall be without prejudice to the
right of the defendant to prosecute his
It is not the order confirming the dismissal counterclaim in a separate action unless
which operates to dismiss the complaint. As within 15 calendar days from notice of the
the name of the order implies, it merely motion he manifests his preference to have his
confirms the dismissal already effected by the counterclaim resolved in the same action [Sec.
filing of the notice [1 Riano 489, 2014 Bantam 2, Rule 17]
Ed.]
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Note: Sec. 2, Rule 17 is clear: the counterclaim [Goldloop Properties Inc. v. CA, G.R.
is not dismissed, whether it is a compulsory or No. 99431 (1992)]
a permissive counterclaim because the rule 3. Fails to comply with the ROC or any court
makes no distinction [1 Riano 491, 2014 order. [Sec. 3, Rule 17]
Bantam Ed.] a. A case may be dismissed for failure to
answer written interrogatories under
d. Dismissal Due to The Fault of Rule 25 even without an order from the
Plaintiff court to answer. [Arellano v. CFI
Sorsogon, G.R. No. L-34897 (1975)]
The complaint may be dismissed upon [also see Sec. 5, Rule 29]
motion of the defendant or upon the court’s
own motion if, for no justifiable cause, the General rule: This dismissal shall have the
plaintiff: effect of an adjudication upon the merits and is
1. Fails to appear on the date of the thus a dismissal with prejudice. [AFP
presentation of his evidence in chief on the Retirement v. Republic, 694 SCRA 118 (2013)]
complaint
a. The plaintiff’s failure to appear at the Exception: Otherwise declared by the court.
trial after he has presented his [Sec. 3, Rule 17]
evidence and rested his case does not
warrant the dismissal of the case on the Note: Under Sec. 3, Rule 14, the plaintiff’s
ground of failure to prosecute. It is failure to comply with the order of the court
merely a waiver of his right to cross- to serve summons shall cause the dismissal
examine and to object to the of the initiatory pleading without prejudice.
admissibility of evidence [Jalover v. This rule can be seen as an exception to the
Ytoriaga, G.R. No. L-35989 (1977)] general rule that dismissal due to failure to
2. Fails to prosecute his action for an comply with the order of the court shall cause
unreasonable length of time, also called as dismissal with prejudice.
non-prosequitur
a. The test for dismissal of a case due to Effect on counterclaim
failure to prosecute is whether or not, Dismissal is without prejudice to the right of the
under the circumstances, the plaintiff is defendant to prosecute his counterclaim in the
chargeable with want of due diligence same or in a separate action [Sec. 3, Rule 17]
in failing to proceed with reasonable
promptitude. [Calalang v. CA, G.R. No. e. Dismissal of Counterclaim,
103185 (1993)] Cross-claim, Or Third-party
b. The dismissal of an action pursuant to Complaint
this Rule rests upon the sound
discretion of the court. [Smith Bell and Provisions of Rule 17 shall apply to the
Co. v. American President Lines Ltd., dismissal of any counterclaim, cross-claim, or
G.R. Nos. L-5304 to L-5324 (1954)] third-party complaint.
c. The action should never be dismissed
on a non-suit for want of prosecution Voluntary dismissal by the claimant by notice
when the delay was caused by the as in Sec. 1, Rule 17 shall be made:
parties looking towards a settlement.
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objections to the faithfulness of the The sufficiency of the written notice of pre-trial
reproductions marked, or their genuineness is irrelevant where evidence shows that
and due execution counsel and the parties actually knew of the
pre-trial. [Bembo v. CA, G.R. No. 116845
Failure without just cause to bring the evidence (1995)]
required shall be deemed a waiver of the
presentation of such evidence. [Sec. 2, Rule When pre-trial conducted
18] The notice of pre-trial shall set pre-trial to be
conducted not later than 60 calendar days
Note: Both waivers mentioned above are from the filing of the last responsive pleading.
based on lack of just cause either to appear [Sec. 1, Rule 18]
during pre-trial or to bring the evidence
required. Contents of Notice of Pre-Trial
The notice of pre-trial shall include the dates
c. Notice of Pre-Trial set for:
a. Pre-trial;
After the last responsive pleading has been b. Court-Annexed Mediation (CAM); and
served and filed, the branch clerk of court shall c. Judicial Dispute Resolution (JDR), if
issue a notice of pre-trial within 5 calendar necessary [Sec. 3, Rule 18]
days from filing. [Sec. 1, Rule 18]
Service of Notice of Pre-Trial
Note: Under the Amended Rules, there is no The notice of pre-trial shall be served on
longer a need for the plaintiff to move ex parte counsel, or on the party if he or she has no
for the case to be set for pre-trial. Such was the counsel [Sec. 3, Rule 18]
case before, as mandated by AM No. 03-1-09-
SC. Under that circular, the plaintiff used to be d. Appearance of Parties; Effect of
burdened with the duty to move ex parte that Failure to Appear
the case be set for pre-trial conference. Such
was done 5 days from the date of the filing of It shall be the duty of the parties and their
the reply. If the plaintiff failed to move for such, counsel to appear at:
it became the duty of the branch clerk of court a. Pre-trial,
to do so. [BPI v. Genuino, G.R. No. 208792 b. Court-annexed mediation, and
(2015)] The Amended Rules have now deleted c. Judicial dispute resolution, if necessary.
the requirement for the plaintiff to move for pre- [Sec. 4, Rule 18]
trial, and has directly vested it with the clerk of
court. Note: Both parties and their counsel are
required to attend. Appearance of either only
The “last pleading” need not be literally the party or his counsel counts as non-
construed as the actual filing of the last appearance, unless:
pleading. For the purpose of pre-trial, the
expiration of the period for filing the last Excused non-appearance
pleading is sufficient. [Sarmiento v. Juan, G.R. Appearance of a party and counsel may only
No. L-56605 (1983)] be excused for:
a. Acts of god,
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A process directed to a person requiring him to When made: must be made so as to allow the
bring with him books, documents, or other witness a reasonable time for preparation and
things under his control [Sec. 1, Rule 21]
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c. By any applicable statute. [Sec. 1, Rule 22] 6. Physical and mental examination of
persons [Rule 28]
How to compute time
The day of the act/event from which the a. Depositions Pending Action;
designated period begins to run is the Depositions Before Action or
excluded and the date of performance Pending Appeal
included.
i. Meaning of Deposition
Note: If the last day of the period falls on a Deposition – taking of testimony out of court
Saturday, Sunday, or legal holiday in the place of any person, whether party to the action or
where the court sits, the time shall not run not but at the instance of a party to the action.
until the next working day. [Sec. 1, Rule 22] It is taken out of court. [1 Riano 438, 2016
Bantam Ed.]
Effect of interruption
Methods
Should an act be done which interrupts the a. By oral examination, or
running of the period, the allowable period after b. By written interrogatory. [Sec. 1, Rule 23]
such interruption shall start to run on the day
after notice of cessation of the cause Kinds of depositions
thereof. 1. Depositions pending action [Rule 23]
2. Depositions before action or pending
appeal [Rule 24]
Note: The day of the act that caused the
interruption, shall be excluded in the Depositions pending action
computation of the period. [Sec. 2, Rule 22] The testimony of any person may be taken
upon ex parte motion of a party.
14. MODES OF DISCOVERY
Note: The attendance of witnesses may be
compelled by the use of subpoena as provided
Discovery
in Rule 21. [Sec. 1, Rule 23]
A device employed by a party to obtain
information about relevant matters on the
Deposition of a person deprived of liberty
case from the adverse party in the preparation
for trial. [1 Riano 437, 2016 Bantam Ed.] The deposition may be taken only by leave of
court on such terms as the court
Purpose prescribes. [Sec. 1, Rule 23]
To permit mutual knowledge before trial of all
Before whom depositions are taken
relevant facts gathered by both parties so that
a. Within the Philippines, it may be taken
either party may compel the other to disgorge
before a
facts whatever he has in his possession [1
i. Judge,
Riano 437, 2016 Bantam Ed.]
ii. Notary public, or
Modes of Discovery iii. Any person authorized to administer
1. Depositions pending actions [Rule 23] oaths, as stipulated by the parties in
2. Depositions before action or pending writing. [Sec. 14, Rule 23]
appeal [Rule 24] [Sec. 10, Rule 23]
3. Interrogatories to parties [Rule 25] b. Within a foreign state or country, it may be
taken
4. Admission by adverse party [Rule 26]
5. Production or inspection of documents or i. On notice before a secretary of
embassy or legation, consul general,
things [Rule 27]
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consul, vice- consul, or consular agent 3. The attendance of the witnesses may be
of the Philippines, compelled by the use of a subpoena [Sec.
ii. Before such person or officer as may 1, Rule 23]
be appointed by commission or under
letters rogatory, or 4. Examination and cross-examination of
iii. Any person authorized to administer deponents may proceed as permitted at
oaths as stipulated by parties in writing. the trial under Secs. 3 to 18 of Rule 132
[Sec. 14, Rule 23] [Sec 3, Rule 23]
[Sec. 11, Rule 23]
5. All objections made at the time of the
Disqualification by interest examination to the qualifications of the
No deposition shall be taken before a person officer taking the deposition, or to the
who is manner of taking it, or to the evidence
a. A relative within the 6th degree of presented, or to the conduct of any party,
consanguinity or affinity, and any other objection to the proceedings,
b. An employee or counsel of any of the shall be noted by the officer upon the
parties, deposition. Evidence objected to shall be
c. A relative within the same degree, or taken subject to the objections [Sec. 17,
employee of such counsel, or Rule 23]
d. Any person financially interested in the
action. Effect of taking depositions
[Sec. 13, Rule 23] A party shall not be deemed to make a person
his own witness for any purpose by taking his
Taking depositions upon oral examination deposition. [Sec. 7, Rule 23]
1. A party desiring to take the deposition of
any person upon oral examination shall Depositions before actions
give reasonable notice in writing to Referred to as perpetuation of testimony
every other party to the action. The because their objective is to perpetuate the
notice shall state: testimony of a witness for future use, in the
a. The time and place for taking the event of further proceedings. [1 Regalado 363,
deposition, 2010 Ed.]
b. The name and address of each person
to be examined, if known, and Requisites
c. if the name is not known, a general a. Any person who desires to perpetuate
description sufficient to identify him or i. his own testimony; or
the particular class or group to which ii. the testimony of another person
he belongs. b. Regarding any matter that may be
Note: On motion of any party upon whom the cognizable in any court of the Philippines.
notice is served, the court may for cause shown [Sec. 1, Rule 24]
enlarge or shorten the time [Sec. 15, Rule 23]
Procedure for deposition before action
2. An order for protection of the parties 1. File a verified petition in the court of the
and the deponent may be issued by the place of the residence of any expected
court where the action is pending: adverse party. The petition shall be entitled
a. After notice is served, in the name of the petitioner and shall show
b. Upon motion by any party or the that:
person to be examined, a. The petitioner expects to be a party to
c. For good cause shown an action in a court of the Philippines
[Sec.16, Rule 23] but is presently unable to bring it or
cause it to be brought,
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Effect of only using a part of the deposition Effect of errors and irregularities in
If only part of a deposition is offered in evidence depositions
by a party, the adverse party may require him Error and
Effect
to introduce all of it which is relevant to the Irregularities
part introduced, and any party may introduce Waived
any other parts. [Sec. 4(d), Rule 23] Objection as to the Unless written
notice for taking a objection is promptly
iii. When May Objections to
deposition served upon party
Admissibility Be Made
giving notice
Subject to the provisions of Sec. 29, Rule 23, Waived
objection may be made at the trial or hearing Unless made
Objection to taking
to receiving in evidence any deposition or part (1) Before taking of
a deposition
thereof for any reason which would require the deposition begins or
because of
exclusion of the evidence if the witness were (2) As soon thereafter
disqualification of
then present and testifying [Sec. 6, Rule 23] as the disqualification
officer before
becomes known or
iv. When May Taking of Deposition whom it is to be
could be discovered
Be Terminated or its Scope taken
with reasonable
Limited diligence
Not waived by failure
When the court/RTC of the place where the Objection to the
deposition is being taken may order the to make them before
competency of a
termination or the scope of the deposition or during the taking of
witness or
limited the deposition
competency,
a. At any time during the taking of the Unless the ground of
relevancy, or
deposition, the objection is one
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materiality of which might have Orders of the court for the protection of
testimony been obviated or parties and deponents:
removed if presented
at that time After notice is served for taking a deposition by
Occurring at oral Waived oral examination, upon motion by any party or
by the person to be examined, and for good
examination and
cause shown, the court may order that:
other particulars
1. The deposition shall not be taken
2. It may be taken only at some designated
Objection in the place other than that stated in the notice
manner of taking 3. It may be taken only on written
the deposition, in interrogatories
the form of 4. Certain matters shall not be inquired into
Unless reasonable
questions or 5. The scope of the examination shall be held
objection thereto is with no one present except the parties to
answers, in the
made at the time of the action and their officers or counsel
oath or
taking the deposition 6. After being sealed the deposition shall be
affirmation, or in
conduct of parties opened only by order of the court
7. Secret processes developments, or
and errors of any
research need not be disclosed
kind which might
8. The parties shall simultaneously filed
be obviated or specified documents or information
removed if promptly enclosed in sealed envelope to be opened
prosecuted as directed by the court
Waived 9. The court may make any other order which
Unless served in justice requires to protect the party or
writing upon the party witness from annoyance, embarrassment,
propounding them or oppression
Objections to the [Sec. 16, Rule 23]
within the time
form of written
allowed for serving
interrogatories b. Written Interrogatories to
succeeding cross or
under Sec. 25 and Adverse Parties
other interrogatories
26
and within 3 days after
service of last Purpose: To elicit material and relevant facts
interrogatories from any adverse parties [Sec. 1, Rule 25]
and to assist the parties in clarifying the issues
authorized
and in ascertaining the facts involved in a case.
Waived [Philippine Health Insurance Corp vs Our Lady
Unless a motion to of Lourdes Hospital, G.R. No. 193158 (2015)]
In the manner in suppress the
which testimony deposition or some Note: As compared to a bill of particulars
is transcribed or part thereof is made which is directed to a pleading and designed
the deposition is with reasonable to seek for a more definite statement or for
dealt with by the promptness after such particulars in matters not availed with sufficient
officer under Sec. defect is ascertained, definiteness in a pleading, interrogatories are
17, 19, 20, and 26 or with due diligence not directed against a particular pleading and
might have been, what is sought is the disclosure of all material
and relevant facts from a party. [1 Riano 447,
ascertained
2016 Bantam Ed.]
[Sec. 29, Rule 23]
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Production or Procedure
Subpoena duces A motion for the examination is filed in the
inspection of
tecum court where the action is pending:
documents
May be directed to a. Showing good cause for the examination,
Limited to the parties b. With notice to the party to be examined,
non- party [Sec. 1,
of the action [Sec. 1, and to all other parties, and
Rule 21 refers to “a
Rule 27] c. Specifying the time, place, manner,
person”]
conditions, scope, and person conducting
Issued upon motion the examination.
May be issued upon
of any party [Sec. 1, [Sec. 2, Rule 28]
ex parte application
Rule 27]
Must show good Need not show good Report of findings
cause [Sec. 1, Rule cause [see Secs. 3 A copy of the detailed examination report shall
27] and 4, Rule 21] be given by the party causing the examination
Grounds for quashal upon request by the party examined.
(1) Unreasonable,
oppressive, Note: The party causing the examination shall
then be entitled, upon request, to receive from
May be quashed for irrelevant
the party examined, a report of any
lack of good cause
examination previously or subsequently made.
shown (2) Failure to [Sec. 3, Rule 28]
advance reasonable
costs of production Refusal to deliver the report
[Sec. 4, Rule 21] If the party examined refuses to deliver such
Disobedience would report, the court on motion and notice may
allow court to make make an order requiring delivery on such
such orders in terms as are just
regard to the refusal If a physician fails or refuses to make such a
as are just, and report the court may exclude his testimony if
among others, an offered at the trial.
[Sec. 3, Rule 28]
order refusing to
Disobedience
allow the disobedient
constitutes contempt Waiver of privilege
party to support or The party examined waives any privilege
of court [Sec. 9, Rule
oppose designated regarding the testimony of every other person
21]
claims or defenses who has examined or may thereafter examine
or prohibiting him him in respect of the same mental/physical
from introducing in examination by:
evidence designated a. Requesting and obtaining a report of the
documents or things examination ordered, or
or items of testimony b. Taking the deposition of the examiner.
[Sec. 3(b), Rule 29] [Sec. 4, Rule 28]
2. Where from the pleadings, affidavits, •The total of which shall in no case
depositions and other papers, there is exceed 90 calendar days.
actually no genuine issue, the court may d. If deemed necessary, the court shall set
render a summary judgment [Rule 35] the presentation of the parties’ rebuttal
3. Where the parties have entered into a evidence
compromise or an amicable settlement • Shall be completed within 30 calendar
either during the pre-trial or while the trial is days.
in progress [Rule 18; Art. 2028, Civil Code] [Sec. 1, Rule 30]
4. Where the complaint has been dismissed
with prejudice, or when the dismissal has Periods for presentation of evidence
the effect of an adjudication on the merits General Rule: The presentation of evidence of
[Sec. 13, Rule 15; Sec. 3, Rule 17; Sec. 5, all parties shall be terminated within 10
last par., Rule 7] months or 300 calendar days.
5. Where the case falls under the Rules on
Summary Procedure, and Exception: If there are no third (fourth-etc.)-
6. Where the parties agree, in writing, upon party claim, counterclaim, or cross-claim, the
the facts involved in the litigation and presentation of evidence shall be terminated
submit the case for judgment on the facts within 6 months or 180 calendar days.
agreed upon, without the introduction of
evidence [Sec. 7, Rule 30] Note: Trial dates may be shortened depending
[1 Riano 563, 2014 Bantam Ed.] on the number of witnesses to be presented.
[Sec. 1, Rule 30]
Schedule of Trial
The parties shall strictly observe the scheduled Period of decision
hearings as agreed upon and set forth in the The court shall decide and serve copies of its
pre-trial order. [Sec. 1, Rule 30] decision to the parties within a period not
exceeding 90 calendar days from submission
Trial dates of the case for resolution, with or without
The schedule of trial dates shall be continuous memoranda. [Sec. 1, Rule 30]
and within the following periods:
a. Initial presentation of plaintiff’s evidence Hearing days
• Shall be set not later than 30 calendar Trial shall be held from Monday to Thursday.
days after termination of pre-trial • Courts shall call the cases at exactly
conference 8:30am and 2:00pm pursuant to A.C.
• Plaintiff shall be allowed to present No. 3-99.
evidence within a period of 3 months or • Hearing on the motions shall be held on
90 calendar days which shall include Fridays pursuant to Sec. 8, Rule 15.
the date of JDR. [Sec. 4, Rule 30]
b. Initial presentation of defendant’s
evidence Court calendars
• Shall be set not later than 30 calendar All courts shall ensure the posting of their court
days after the court’s ruling on calendars outside their courtrooms at least 1
plaintiff’s formal offer of evidence. day before the scheduled hearings. [Sec. 4,
• Defendant shall be allowed to present Rule 30]
evidence within a period of 3 months or
90 calendar days. a. Adjournments and
c. The period for presentation of evidence on Postponements
the third (fourth-etc.)- party claim,
counterclaim, or cross-claim shall be A court may adjourn a trial from day to day,
determined by the court. and to any stated time, as the expeditious and
Note: The party who caused the postponement Motion to postpone trial based on illness of a
is warned that presentation of its evidence party or counsel may be granted if
must be terminated on the remaining dates accompanied by affidavit or sworn
previously agreed upon. certification showing:
1. The presence of such party or counsel at
Limitations on the authority to adjourn the trial is indispensable; and
General rule: The court has no power to 2. That the character of his or her illness is
adjourn a trial for a period longer than 1 month such as to render his non-attendance
for each adjournment; nor more than 3 excusable
months in all. [Sec. 3, Rule 30]
Exception: When authorized in writing by the Note: Such ground for postponement of trial
Court Administrator, Supreme Court. was initially under Section 4 of the same rule.
[Sec. 2, Rule 30]
c. Agreed Statement of Facts
Postponement
A motion for postponement should not be filed When all facts are agreed upon
in the last hour especially when there is no The parties may agree, in writing, upon the
reason why it could not have been presented facts involved in the litigation, and submit the
earlier. [Cañete v. Judge, CFI Zamboanga del case for judgment on the facts agreed upon,
Sur, G.R. No. L-21743 (1968)] without the introduction of evidence.
Postponements lie in the court’s discretion. When only some facts are agreed upon
[Hap Hong Hardware Co., Inc. v. Philippine If the parties agree only on some of the facts in
Milling Company, G.R. No. L-16778 (1961)] issue, trial shall be held as to the disputed facts
in such order as the court shall prescribe.
b. Requisites of Motion to [Sec. 7, Rule 30]
Postpone Trial
An agreed statement of facts is conclusive
i. For Absence of Evidence on the parties, as well as on the court. Neither
of the parties may withdraw from the
Under the Old Rules, specifically Sec. 3 of Rule agreement, nor may the court ignore the same.
30, postponement of trial for absence of [McGuire v. Manufactures Life, G.R. L-3581
evidence was allowed provided that the motion (1950)]
for such was accompanied by an affidavit
showing the materiality/ relevance of the
evidence and that due diligence has been used d. Order of Trial; Reversal of Order
to procure it. Under the revised rules, however,
such section has been deleted, meaning that Order of trial
absence of evidence can no longer be used General Rule: Trial shall be limited to the
as a basis for postponement of trial. issues stated in the pre-trial order and proceed
as follows:
Under Sec. 12(f), Rule 15, postponement may a. Presentation of plaintiff’s evidence in chief
only be allowed due to acts of god, force b. Presentation of defendant’s evidence in
majeure, or physical inability of the witness to chief and evidence in support of his
appear and testify. The amended Sec. 3 of counterclaim, cross-claim and 3rd-party
Rule 30 also provides for an additional ground complaint
which is illness of a party or counsel.
6. Judgment must state clearly the facts and 7. Conditional Judgment – One whose
the law upon which the decision is based, effectivity depends upon the occurrence or
signed by the judge and filed with the clerk non-occurrence of an event; generally void
of court. [Sec. 1, Rule 36; Sec. 14, Art VIII, because of the absence of a disposition.
1987 Constitution] [Cu- Unjieng v. Mabalacat Sugar Co., G.R.
No. 45351 (1940)]
KINDS OF JUDGMENT 8. Several Judgments – Rendered by a
1. Judgment by compromise – Rendered court against one or more defendants and
on the basis of a compromise agreement not against all of them, leaving the action to
entered into between the parties to the proceed against the others [Sec. 4, Rule
action. [1 Riano 606, 2014 Bantam Ed., 36]. A several judgment is proper where
Diamond Builders Conglomeration v. the liability of each party is clearly
Country Bankers Corp., G.R. No. 171820 separable and distinct from that of his co-
(2007)]. Once approved by the court, a parties such that the claims against each of
judicial compromise is not appealable and them could have been the subject of
it thereby becomes immediately executory separate suits, and judgment for or against
[1 Riano 607, 2014 Bantam Ed.] one of them will not necessarily affect the
2. Judgment by confession (cognovit others. In actions against solidary debtors,
actionem) – Rendered by the court when a several judgment is not proper [1
a party expressly agrees to the other Regalado 424, 2010 Ed.].
party’s claim or acknowledges the validity 9. Separate Judgment – Rendered to
of the claim against him. [1 Riano 609, dispose of a claim among several others
2014 Bantam Ed., see also PNB v. Manila presented in a case, after a determination
Oil, G.R. No. 18103 (1922)] of the issues material to a particular claim
3. Judgment upon the merits – Rendered and all counterclaims arising out of the
after consideration of the evidence transaction or occurrence that is the
submitted by the parties during the trial of subject matter of said claim. [Sec. 5, Rule
the case. A judgment is “on the merits” 36]
when it amounts to a legal declaration of 10. Memorandum Decision – Rendered by
the respective rights and duties of the an appellate court, and incorporates by
parties, based upon the disclosed facts. reference the findings of fact or the
4. Clarificatory judgment – Rendered where conclusions of law contained in the
the previous judgment is ambiguous and decision, order or ruling under review. [1
difficult to comply with. [1 Regalado 417, Riano 581, 2014 Bantam Ed.]
2010 Ed., citing Almendras v. Del Rosario, 11. Declaratory Judgment – Rendered in a
G.R. No. L-20158 (1968)] special civil action for declaratory relief.
5. Judgment nunc pro tunc – Literally, “now [Rule 63]
for then”. It is a judgment intended to enter 12. Foreign Judgment – Rendered by a
into the record the acts which had already tribunal of a foreign country. [Sec 48, Rule
been done, but which do not appear in the 39]
records [Lichauco v. Tan Pho, G.R. No.
19512 (1923)]. It can only be issued when a. Judgment After Pre-trial
the thing ordered has previously been
made, but by inadvertence has not been When the court includes in the pre-trial order
entered. [Vasquez v. CA, G.R. No. 144882 that the case be submitted for summary
(2005)] judgment or judgment on the pleadings,
6. Judgment sin perjuicio – Traditionally judgment shall be rendered within 90 calendar
understood to be a brief judgment days from termination of pre-trial. [Sec. 10,
containing only the dispositive portion. Rule 18]
[Director of Lands v. Sanz, G.R. No. 21183
(1923)]
Note: The court may order such motu proprio From the reference to Rule 15, it follows that a
or upon motion of any party and upon a motion for a judgment on the pleadings is
showing that: considered an allowable litigious motion. As
a. There be no more controverted facts, such, there must be proof of service to the
b. No more genuine issue as to any material other party who shall have 5 calendar days to
fact, file an opposition. From receipt of such, the
c. There be an absence of any issue, or court shall have 15 calendar days to resolve
d. Should the answer fail to tender an issue. the motion.
[Sec. 10, Rule 18]
Note: Any action of the court on a motion for
b. Judgment Without Trial judgment on the pleadings shall not be subject
of an appeal or petition for certiorari, prohibition
When trial is unnecessary: or mandamus. [Sec. 2, Rule 34]
1. Judgment on the Pleadings [Rule 34]
2. Summary Judgment [Rule 35] Judgment on the pleadings is not proper in the
3. Upon compromise or amicable settlement, ff. cases:
either during pre-trial or during trial [Rule a. Declaration of Nullity of Marriage;
18; Art. 2028, Civil Code] b. Annulment of marriage; and
4. Dismissal with prejudice [Sec. 13, Rule 15; c. Legal Separation.
Secs. 3 and 5, Rule 17]
5. Under the Rules on Summary Procedure Note: In such cases, the material facts alleged
6. When there is an agreed statement of facts in the complaint shall always be proved.
[Sec. 7, Rule 30] [Sec. 1, Rule 34]
Test: Whether or not the pleadings, affidavits ii. When the Case Not Fully
and exhibits in support of the motion are Adjudicated
sufficient to overcome the opposing papers
and to justify the finding that, as a matter of law, Partial summary judgment – applies when for
that there is no defense to the action, or the some reason there can be no full summary
claim is clearly meritorious. [Estrada v. judgment. Trial should deal only with the facts
Consolacion, G.R. No. L- 40948 (1976)] not yet specified or established.
i. For the Claimant; For the Duty of the court [Sec. 4, Rule 35]
Defendant If on motion for summary judgment, judgment
is not rendered upon the whole case or for all
When filed the reliefs sought and a trial is necessary, the
1. If sought by the claimant – only after the court may:
answer is served; [Sec. 1, Rule 35] 1. Ascertain which material facts exist without
2. If sought by the defendant – at any time substantial controversy and the extent to
[Sec. 2, Rule 35] which the amount of damages and other
reliefs is not in controversy by
Procedure a. Examining the pleadings and evidence
1. Movant files a motion for summary before it; and
judgment, citing the supporting affidavits, b. Interrogating counsel
depositions, or admissions, and the 2. Make an order which:
specific law relied upon. a. Specifies which facts ascertained are
2. The adverse party may file a comment and deemed established, and
serve opposing affidavits, depositions, b. Directs further proceedings as are just
admissions within 5 calendar days from 3. Conduct trial on the controverted facts
receipt of the motion.
3. A hearing will be conducted only if ordered Effect: A partial summary judgment is not a
by the court final judgment, but merely a pre-trial
- Note: There is no longer a mandatory adjudication that said issues in the case shall
hearing for the motion due to the be deemed established for the trial of the case.
amendment of the rules. This is also [Guevarra v. CA, G.R. No. L-49017 (1983)]
consistent with the amendments to
Rule 15. iii. Affidavits and Attachments
4. Court renders summary judgment.
Form
Note: Any action of the court on a motion for 1. Made on personal knowledge
summary judgment shall not be subject of an 2. Setting forth such facts as would be
appeal or petition for certiorari, prohibition or admissible in evidence
mandamus. 3. Showing affirmatively that the affiant is
[Sec. 3, Rule 35] competent to testify to the matters stated
therein
Note: Damages must still be proven even if not 4. Certified true copies of all papers or parts
denied. Note language of Sec. 3, Rule 35, thereof referenced in the affidavit shall be
“except as to the amount of damages.” attached or served with the affidavit
[Sec. 5, Rule 35]
Bases for summary judgment
a. Affidavits
Conflict between disposition and opinion of A case is deemed submitted for resolution
the court upon the filing of the last pleading, brief or
General rule: The general rule is that where memorandum required by the Rules of Court or
there is conflict between the dispositive portion by the court. [Sec. 15, Art. VIII, Constitution]
or the fallo and the body of the decision, the
fallo controls. An extension of the period may be set by the
Note: This Rule applies only when the SC upon request by the judge concerned on
dispositive part is definite, clear, and account of heavy caseload or by other
unequivocal. [Union Bank v. Pacific Equipment reasonable excuse. Without an extension, a
Corporation, G.R. No. 172053 (2008)] delay in the disposition of cases is tantamount
to gross inefficiency on the part of the judge.
Exception: Where the inevitable conclusion [Arap v. Mustafa, SCC-01-7 (2002)]
from the body of the decision is that there was
a mistake in the dispositive portion, the body of i. Entry of Judgment and Final Order
the decision will prevail. [Rosales v. CA, G.R.
No. 137566 (2001)] Entry of judgment
The entry of judgment refers to the physical
See again “sin perjuicio” judgments above act performed by the clerk of court in
entering the dispositive portion of the judgment
f. Rendition of Judgments and in the book of entries of judgment after the
Final Orders same has become final and executory. [1
Riano 615, 2014 Bantam Ed.]
Rendition of judgment
Pronouncement of the judgment in open court When entered: If no appeal, or motion for new
does not constitute rendition of judgment. It is trial or reconsideration is filed within the time
the filing of the signed decision with the provided in the Rules, the judgment or final
COC that constitutes rendition. Even if the order shall forthwith be entered by the clerk in
judgment has already been put in writing and the book of entries of judgments [Sec. 2, Rule
signed, it is still subject to amendment if it has 36]
not yet been filed with the COC. [Ago v. CA,
G.R. No. L-17898 (1962)] Note: The date of finality of the judgment or
final order shall be deemed to be the date of its
Promulgation of judgment entry. [Sec. 2, Rule 36] This is regardless of the
Promulgation is the process by which a date when the physical act of entry was done.
decision is published, officially announced, [1 Riano 615, 2014 Bantam Ed.]
made known to the public or delivered to the
COC for filing, coupled with notice to the parties Contents of record in the book of entries:
or their counsel. [2 Herrera 151, 2007 Ed., a. Dispositive part of the judgment or final
Neria v. Commissioner of Immigration, G.R. order
No. L-24800 (1968)] b. Signature of the clerk; and
formally offered and closed their evidence 2. The judgment is defective as where a
before judgment. [1 Regalado 432, 2010 Ed.] judgment by default was rendered even
before the reglementary period to answer
Grounds for Motion for Reconsideration had expired.
1. Damages awarded are excessive; 3. The defendant was deprived of his day
2. Evidence is insufficient to justify the in court as when no notice of hearing was
decision or final order; or furnished him
3. Decision or final order is contrary to law. [1 Regalado 435, 2010 Ed.]
[Sec. 1, Rule 37]
A MR shall point out specifically the findings or
Note: If the MR is based on the same grounds conclusions of the judgment or final order
as that for a MNT, it is considered a MNT. which are not supported by the evidence or
[Rodriguez v. Rovira, G.R. No. 45252 (1936)] which are contrary to law, making express
reference to the testimonial or documentary
ii. When to File; Form evidence or to the provisions of law alleged to
be contrary to such findings or conclusions.
Within the period for taking an appeal [Sec. 1,
Rule 37] Note: A pro forma MNT/MR shall not toll the
See Period of appeal below. reglementary period of appeal.
[Sec. 2, Rule 37]
Note: An MNT and MR may only be availed of
by a party to the proceeding. [Alaban vs CA, When MNT considered pro forma
G.R. No. 156021 (2005)] 1. Based on the same ground raised in
preceding MNT/MR already denied;
Contents 2. Contains the same arguments and manner
The motion shall be: of discussion in the prior opposition to a
a. Made in writing, motion to dismiss which was granted;
b. Stating the ground or grounds therefor, and 3. The new ground alleged in the 2nd MNT
c. A written notice of which shall be served by was available and could have been alleged
the movant on the adverse party. in the first MNT which was denied;
4. Based on the ground of insufficiency of
An MNT shall be proved in the manner evidence/that the judgment is contrary to
provided for proof of motions. law, but does not specify the supposed
a. A motion based on FAME - supported by defects in judgment; or
affidavits of merits which may be rebutted 5. Based on FAME but does not specify the
by affidavits. facts constituting these grounds and/or is
b. A motion based on newly-discovered not accompanied by an affidavit of merits.
evidence - supported by affidavits of the [1 Regalado 193, 2010 Ed.]
witnesses by whom such evidence is
expected to be given, or by duly Single-motion rule [Sec. 5, Rule 37]
authenticated documents which are Motion for New Trial
proposed to be introduced in evidence. An MNT shall include all grounds then
available and those not so included shall be
When MNT based on FAME not deemed waived.
accompanied by affidavit of merits • A 2nd MNT, based on a ground not
General rule: Denied existing nor available when the first
motion was made, may be filed within the
Exceptions: time herein provided excluding the time
1. The court has no jurisdiction over the during which the first motion had been
defendant/ subject matter, so the judgment pending.
is null and void
Motion for Reconsideration The court may amend such judgment or final
A 2nd motion for reconsideration of a judgment order. [Sec. 3, Rule 37]
or final order is not allowed.
Partial grant of new trial or reconsideration
Court action If the grounds for a motion under this Rule
The trial court may: appear to the court to affect:
1. (MNT) Set aside the judgment or final order 1. The issues as to only a part, or
and grant a new trial, upon such terms as 2. Less than all of the matter in controversy,
may be just or
2. (MR) Amend such judgment or final order 3. Only one, or less than all, of the parties to
accordingly if the court finds that it,
a. Excessive damages have been the court may order a new trial or grant
awarded or that, or reconsideration as to such issues if
b. Judgment or final order is contrary to severable without interfering with the judgment
the evidence or law or final order upon the rest. [Sec. 7, Rule 37]
3. Deny the motion
[Sec. 3, Rule 37] Partial new trial; effect
When less than all of the issues are ordered
Court resolution retried, the court may either
The motion shall be resolved within 30 days 1. Enter a judgment or final order as to the
from the time it is submitted for resolution. [Sec. rest, or
4, Rule 37] 2. Stay the enforcement of such judgment or
final order until after the new trial.
Note: The 30-day period to resolve the motion [Sec. 8, Rule 37]
is mandatory. [Gonzales v. Bantolo, A.M. No.
RTJ-06-1993 (2006)] v. Remedy When Motion is Denied,
Fresh 15-day Period Rule
iii. Denial of the Motion; Effect
15-day period to file the notice of appeal
An order denying a MNT or MR is not The SC has allowed a fresh period of 15 days
appealable. within which to file the notice of appeal in the
The remedy is an appeal from the judgment or RTC, counted from receipt of the order
final order. [Sec 9, Rule 37] dismissing a MNT/MR.
- The fresh period of 15 days becomes
Note: The order denying the motion may itself significant only when a party opts to file
be assailed by a petition for certiorari under a motion for new trial or motion for
Rule 65. [1 Regalado 437, 2010 Ed.] reconsideration.
[Neypes v. CA, G.R. No. 141524 (2005)]
iv. Grant of the Motion; Effect
Note: What is appealed is the judgment
Grant of MNT itself, not the order denying the MNT/MR.
The original judgment or final order shall be [Sec. 9, Rule 37]
vacated, and the action shall stand for trial de
novo; b. Appeals in General
Note: The recorded evidence taken upon the
former trial, insofar as the same is material and
competent to establish the issues, shall be Nature
used at the new trial without retaking the same. a. The right to appeal is not a constitutional,
[Sec. 6, Rule 37] natural, or inherent right.
b. It is a statutory privilege and of statutory
Grant of MR origin and is available only if granted or if
Proper remedy to
question an
improvident
interlocutory order is
Subject to appeal
a petition for
[Investments, Inc. v.
certiorari under Rule
CA, G.R. No. L-
65 [Silverio Jr. v.
60036 (1987)]
Filipino Business
Consultants, Inc.,
G.R. No. 143312
(2005)]
Not considered
Must express clearly decisions or
and distinctly the judgments within the
facts and the law on constitutional
which it is based. definition [1 Riano
[Sec. 14, Art. VIII, 581, 2014 Bantam
Constitution] Ed., citing Amargo v.
CA, G.R. No.
[Pahila-Garrido v Tortogo, G.R. No. 156358
(2011)]
Modes of Appeal
Notice of
Petition for
Mode appeal/Record Verified petition for Petition for review on
review with the
of on appeal with review with the CA certiorari with the SC
CA [Sec. 2(b),
appeal the CA [Sec. [Sec. 5] [Sec. 2(c), Rule 41]
Rule 41]
2(a)]
File a verified petition File verified petition
Filing a notice File a verified for review in 7 legible for review on
of appeal with petition for copies with the CA, certiorari with the SC
the court review with the with proof of service [Sec. 1]
which CA, paying at of a copy thereof on
rendered the the same time to the adverse party Petitioner shall pay
judgment or the clerk of said and on the court or the corresponding
final order court the agency a quo. The docket and other
appealed from corresponding original copy of the lawful fees to the
and serving a docket and petition intended for COC of the SC and
How copy thereof other lawful the CA shall be deposit the amount
made upon the fees, depositing indicated as such by of PHP 500.00 for
adverse party the amount of the petitioner. costs at the time of
PHP 500.00 for the filing of the
If required, the costs, and Upon the filing of the petition. Proof of
record-on furnishing the petition, the service of a copy
appeal shall RTC and the petitioner shall pay to thereof on the lower
be filed and adverse party the COC of the CA court concerned and
served in like with a copy of the docketing and on the adverse party
manner [Sec. the petition other lawful fees and shall be submitted
2] [Sec. 1] deposit the sum of together with the
PHP 500.00 for costs petition [Sec. 3]
[Sec.5]
Within 15 days from:
Within 15 days 1. Notice of the
from notice of award,
judgment, final
the judgment
Within 15 days order or
or final order Within 15 days from
from notice of resolution, or
appealed from notice of
1. The 2. The date of
1. The judgment or
decision i. its last
Where a final order or
sought to publication, if
record of resolution
be reviewed publication is
Period appeal is appealed from,
or required by
or
of required, file a 2. The denial law for its
2. The denial of the
appeal notice of of effectivity, or
petitioner’s MNT
appeal and a petitioner’s ii. the denial of
or MR filed in
record on MNT or MR petitioner’s
due time after
appeal within filed in due MNT or MR
notice of the
30 days from time after duly filed in
judgment
judgment accordance
notice of the [Sec. 2]
[Sec. 1] with the
judgment or
governing law
final order of the court or
[Sec. 3] agency a quo
[Sec. 4]
3. Rule 42 on petitions for review from the memorandum within the time provided by
RTCs to the CA the ROC
4. Rule 43 on appeals from quasi-judicial 6. Absence of specific assignment of errors in
agencies to the CA, and the appellant’s brief, or of page references
5. Rule 45 governing appeals by certiorari to to the record as required in Sec. 13(a), (c),
the SC (d) and (f) of Rule 44
7. Failure of the appellant to take the
Note: The fresh period rule gives the appellant necessary steps for the correction or
a fresh 15-day period within which to make his completion of the record within the time
appeal from the order denying the MNT, MR, limited by the court in its order;
or any final order or resolution. 8. Failure of the appellant to appear at the
preliminary conference under Rule 48 or to
The new rule aims to regiment or make the comply with orders, circulars, or directives
appeal period uniform, to be counted from of the court without justifiable cause, and
receipt of the order denying the MNT, MR 9. The fact that order or judgment appealed
(whether full or partial) or any final order or from is not appealable
resolution [Neypes v. CA, G.R. No. 141524 [Sec. 1, Rule 50]
(2005)] 10. Appeal under Rule 41 taken from the RTC
to the CA raising only questions of law
vii. Perfection of Appeal 11. Appeal by notice of appeal instead of by
petition for review from the appellate
Perfection of an appeal in the manner and judgment of a RTC
within the period laid down by law is [Sec. 2, Rule 50]
mandatory and jurisdictional [Balgami v. CA,
G.R. No. 131287 (2004)] Other grounds
1. By agreement of the parties (i.e. amicable
Effect of failure to perfect appeal settlement)
a. Defeats a party’s right to appeal, and 2. Where appealed case has become moot or
b. Precludes appellate court from acquiring academic
jurisdiction. 3. Where appeal is frivolous or dilatory
[1 Riano 20, 2011 Ed.] [1 Regalado 644-645, 2010 Ed.]
4. Failure to comply with the requirements adverse party. Failure of the appellant to file
regarding proof of service and contents of a memorandum shall be a ground for
and the documents which should dismissal of the appeal [Sec. 7(b)]
accompany the petition ↓
5. Failure to comply with any circular, Within 15 days from receipt of the appellant’s
directive or order of the SC without memorandum, the appellee may file his
justifiable cause
memorandum [Sec. 7(c)]
6. Error in the choice or mode of appeal, and
↓
7. The fact that the case is not appealable to
the SC. Upon the filing of the memorandum of the
[Sec. 5, Rule 56] appellee, or the expiration of the period to do
so, the case shall be considered submitted
viii. Appeal from Judgments or Final for decision. The RTC shall decide the case
Orders of The Metropolitan Trial on the basis of the entire record of the
Courts/ Municipal Trial Courts/ proceedings had in the court of origin and
Municipal Trial Courts In Cities/ such memoranda as are filed [Sec. 7(d)]
Municipal Circuit Trial Courts
Where taken
Procedure [Rule 40] To the RTC exercising jurisdiction over the
File a notice of appeal with the court that area to which the former pertains. [Sec. 1, Rule
rendered the judgment or final order 40]
appealed from [Sec. 3]
When taken
Within the period for taking an appeal, the 1. Within 15 days after notice to the appellant
appellant shall pay to the clerk of the court of the judgment or final order appealed
which rendered the judgment or final order from.
2. Where a record on appeal is required, the
appealed from the full amount of the
appellant shall file a notice of appeal and a
appellate court docket and other lawful fees
record on appeal within 30 days after
[Sec. 5]
notice of the judgment or final order.
↓ 3. The period of appeal shall be interrupted
Within 15 days from the perfection of the by a timely motion for new trial or
appeal, the COC or the branch COC of the reconsideration. No motion for extension
lower court shall transmit the original record of time to file a motion for new trial or
or the record on appeal, together with the reconsideration shall be allowed.
transcripts and exhibits, which he shall [Sec. 2, Rule 40]
certify as complete, to the proper RTC. A
copy of his letter of transmittal of the records Extension of period to appeal
to the appellate court shall be furnished the Period to appeal may be extended but such
parties [Sec. 6] extension is addressed to the sound discretion
↓ of the court. [Socco v. Garcia, G.R. No. L-
18231 (1962)]
Upon receipt of the complete record or the
record on appeal, the COC of the RTC shall
notify the parties of such fact [Sec. 7(a)]
↓
Within 15 days from such notice, it shall be
the duty of the appellant to submit a
memorandum which shall briefly discuss the
errors imputed to the lower court, a copy of
which shall be furnished by him to the
1. Civil cases decided under the Rule on the CA finds prima facie that the lower court
Summary Procedure, or has committed an error of fact or law that
2. The CA, the law, or ROC provide otherwise will warrant a reversal or modification of the
[Sec. 8(a), Rule 42] appealed decision, it may accordingly give due
course to the petition. [Sec. 6, Rule 42]
Action on petition
The CA may: Whenever the CA deems it necessary, it may
1. Require the respondent to file a comment order the COC of the RTC to elevate the
on the petition, not a motion to dismiss, original record of the case including the oral
within 10 days from notice; or and documentary evidence within 15 days from
2. Dismiss the petition if it finds notice. [Sec. 7, Rule 42]
a. The same to be patently without merit
or prosecuted manifestly for delay, or Submission for decision
b. That the questions raised therein are 1. If the petition is given due course, the CA
too insubstantial to require may
consideration a. set the case for oral argument or
[Sec. 4, Rule 42] b. require the parties to submit
memoranda within a period of 15 days
Note: Under this Rule, appeal is discretionary from notice.
on the CA which may give its due course only 2. The case shall be deemed submitted for
when the petition shows prima facie that the decision upon the filing of the last pleading
lower court has committed error. [1 Riano 600, or memorandum required by these Rules
2011 Ed.] or by the court itself.
[Sec. 9, Rule 42]
Contents of comment
1. In 7 legible copies RULE 45
• Note: Under Sec. 5(b) of the Efficient Appeal by certiorari from the RTC to the SC
Use of Paper Rule [A.M. 11-9-4-SC], via Rule 45
file one original (properly marked) and RTC must have rendered judgment in the
2 copies with their annexes with the CA exercise of its original jurisdiction. [1
2. Certified true copies of such material Regalado 609, 2010 Ed.]
portions of the record referred to therein
3. Together with other supporting papers If the RTC is in exercise of its appellate
4. Whether or not he accepts the statement of jurisdiction, proper remedy is to appeal to the
matters involved in the petition CA via Rule 42 even if only questions of law are
5. Such insufficiencies or inaccuracies as he raised. [1 Regalado 609, 2010 Ed.]
believes exist in petitioner’s statement of
matters involved but without repetition, and Note: A question of law exists when there is a
6. The reasons why the petition should not be doubt/controversy as to what the law is on a
given due course. certain state of facts. There is a question of fact
A copy thereof shall be served on the when the doubt/ difference arises as to the
petitioner. truth/ falsehood of facts. [Ramos v. Pepsi, G.R.
[Sec. 5, Rule 42] No. L-22533 (1967)] If the test is whether the
appellate court can determine the issue
Due course raised without reviewing or evaluating the
1. If upon the filing of the comment or such evidence, it is a question of law. The question
other pleadings as the court may allow or must not involve the examination of the
require, or probative value of the evidence presented.
2. After the expiration of the period for the [Vda. De Arroyo v. El Beaterio, G.R. No. L-
filing thereof without such comment or 22005 (1968)]
pleading having been submitted,
unless the SC shall direct otherwise upon such cases should be taken to the CA under the
terms as it may deem just. [Sec. 8, Rule 64] provisions of Rule 43. [Fabian v. Desierto,
G.R. No. 129742 (1998)]
When the decision, order or resolution Note: The CA has jurisdiction over orders,
adversely affects the interest of any directives and decisions of the Office of the
government agency, the appeal may be taken Ombudsman in administrative disciplinary
by the proper head of that agency. [Sec. 1, cases only. It cannot review the orders,
Rule XII, 2009 Revised Rules of Procedure of directives or decisions of the Office of the
the Commission on Audit] Ombudsman in criminal or non-administrative
cases [Duyon v. The Former Special Fourth
xiv. Review of Final Judgments or Division of the Court Of Appeals, G.R. No.
Final Orders of The Commission 172218 (2014)]
on Elections
Jurisdiction of the SC
Mode of review Decisions of the Ombudsman in criminal cases
A judgment or final order or resolution of the are unappealable. However, where the findings
Commission on Elections (COMELEC) may be of the Ombudsman on the existence of
brought by the aggrieved party to the SC on probable cause (in criminal cases) are tainted
certiorari under Rule 65, except as with grave abuse of discretion amounting to
hereinafter provided. [Sec. 2, Rule 64] lack or excess of jurisdiction, the aggrieved
party may file before the SC a petition for
Unless otherwise provided by law, or by any certiorari under Rule 65. [Duyon v. The
specific provisions in the COMELEC Rules of Former Special Fourth Division of the Court Of
Procedure, any decision, order or ruling of the Appeals, G.R. No. 172218 (2014)]
Commission may be brought to the SC on
certiorari by the aggrieved party within 30 xvii. Review of Final Judgments or
days from its promulgation. [Sec. 1, Rule 37, Final Orders of The National Labor
COMELEC Rules of Procedure] Relations Commission
unless the SC shall direct otherwise upon such cases should be taken to the CA under the
terms as it may deem just. [Sec. 8, Rule 64] provisions of Rule 43. [Fabian v. Desierto,
G.R. No. 129742 (1998)]
When the decision, order or resolution Note: The CA has jurisdiction over orders,
adversely affects the interest of any directives and decisions of the Office of the
government agency, the appeal may be taken Ombudsman in administrative disciplinary
by the proper head of that agency. [Sec. 1, cases only. It cannot review the orders,
Rule XII, 2009 Revised Rules of Procedure of directives or decisions of the Office of the
the Commission on Audit] Ombudsman in criminal or non-administrative
cases [Duyon v. The Former Special Fourth
xiv. Review of Final Judgments or Division of the Court Of Appeals, G.R. No.
Final Orders of The Commission 172218 (2014)]
on Elections
Jurisdiction of the SC
Mode of review Decisions of the Ombudsman in criminal cases
A judgment or final order or resolution of the are unappealable. However, where the findings
Commission on Elections (COMELEC) may be of the Ombudsman on the existence of
brought by the aggrieved party to the SC on probable cause (in criminal cases) are tainted
certiorari under Rule 65, except as with grave abuse of discretion amounting to
hereinafter provided. [Sec. 2, Rule 64] lack or excess of jurisdiction, the aggrieved
party may file before the SC a petition for
Unless otherwise provided by law, or by any certiorari under Rule 65. [Duyon v. The
specific provisions in the COMELEC Rules of Former Special Fourth Division of the Court Of
Procedure, any decision, order or ruling of the Appeals, G.R. No. 172218 (2014)]
Commission may be brought to the SC on
certiorari by the aggrieved party within 30 xvii. Review of Final Judgments or
days from its promulgation. [Sec. 1, Rule 37, Final Orders of The National Labor
COMELEC Rules of Procedure] Relations Commission
order of execution [Cayetano v. Ceguerra, G.R. Note: These two periods must concur, are
No. L-18831 (1965)] or an order dismissing an not extendible and are never interrupted.
appeal. [Medran v. CA, G.R. No. L-1350 Strict compliance with these periods stems
(1949)] from the equitable character and nature of the
petition for relief. Such petition is actually the
A party who has filed a timely MNT or MR “last chance” given by law to litigants to
can no longer file a petition for relief from question a final judgment or order. Failure to
judgment after his motion has been denied. avail of such chance, within the grace period
[Francisco v. Puno, G.R. No. L-55694 (1981)] fixed by the Rules, is fatal. [Quelnan v. VHF
Phils, G.R. No. 138500 (2005)]
A petition for relief is not an available remedy
in the SC or the CA. [Purcon vs MRM iii. Contents of Petition
Philippines Inc., G.R. No. 182718 (2008)]
The petition must be:
i. Grounds for Availing of the 1. Verified;
Remedy 2. Accompanied by an affidavit showing the
FAME relied upon; and
1. When judgment or final order is entered, or 3. The facts constituting the petitioner’s good
any other proceeding is thereafter taken and substantial cause of action or defense,
against petitioner through FAME as the case may be.
• Petition is filed in the same court, in the [Sec. 3, Rule 38]
same case with prayer for the
judgment, order, proceeding to be set Note: A petition for relief from judgment may
aside. only be availed of by a party to the proceeding.
[Alaban vs CA, 470 SCRA 697, 705]
2. When petitioner has been prevented from
taking an appeal by FAME The absence of an affidavit of merits is a
• Petition is filed in the same court, in the fatal defect and warrants denial of the petition.
same case with prayer for the appeal to [Fernandez v. Tan Tiong Tick, G.R. No. 15877
be given due course. (1961)] However, it is not a fatal defect so long
[Secs. 1-2, Rule 38] as the facts required to be set out also appear
in the verified petition. [Fabar Inc. v. Rodelas,
Note: “Extrinsic fraud” - fraud which the G.R. No. L-46394 (1977)]
prevailing party caused to prevent the losing
party from being heard on his action or When affidavit of merit is not necessary:
defense. Such fraud concerns not the 1. When there is lack of jurisdiction over the
judgment itself but the manner in which it was defendant;
obtained. [AFP Mutual Benefit Association, Inc. 2. When there is lack of jurisdiction over the
v. RTC-Marikina City, G.R. No. 183906 (2011)] subject matter;
3. When judgment was taken by default;
ii. Time to File Petition 4. When judgment was entered by mistake or
was obtained by fraud; or
1. Within 60 days after the petitioner learns 5. Other similar cases.
of the judgment, final order, or other (1 Regalado 434-435, 2010 Ed.]
proceeding to be set aside, and
2. Not more than 6 months after such Order to file answer
judgment or final order was entered, or If the petition is sufficient in form and
such proceeding was taken. substance to justify relief, the court in which it
[Sec. 3, Rule 38] is filed, shall issue an order requiring the
adverse parties to answer the same within 15
days from the receipt thereof.
he would benefit from his own inaction or prevented from fully exhibiting his side by
negligence. [Republic v. De Castro, G.R. No. fraud or deception practiced on him by his
189724 (2011)] opponents like:
a. Keeping him away from court,
Where filed b. Giving him false promise of a compromise,
Judgment, Final Judgment, Final or
Order or Order or c. Where an attorney fraudulently or without
Resolution of the Resolution of the authority connives at his defeat.
RTC MTC, etc. [Cagayan Economic Zone Authority vs
Meridien Vista Gaming Corp, G.R. No. 194962
Filed with the CA Filed with the RTC
(2016)]
[Sec. 1, Rule 47] [Sec. 19(6), BP 129]
CA has exclusive Note: Use of forged instruments, perjured
RTC as a court of
and original testimonies, or other manufactured evidence is
general jurisdiction
jurisdiction over said not extrinsic fraud since such evidence does
under Sec. 19(6), BP
action under Sec. not preclude a party’s participation in trial.
129
9(2) of BP 129 [Bobis v. CA, G.R. No. 113796 (2000), and
The CA may dismiss Conde v. IAC, G.R. No. 70443 (1986)]
the case outright; it The RTC has no
has the discretion on such discretion, it is Lack of jurisdiction
whether or not to required to consider Either lack of jurisdiction over the person of the
entertain the it as an ordinary civil defending party, or over the subject matter of
the claim. [1 Regalado 630, 2010 Ed.]
petition. [Sec. 5, action.
Rule 47]
Petitioner must show absolute lack of
jurisdiction and not mere abuse of judicial
Who can file discretion; a claim of grave abuse of discretion
A person who is not a party to the judgment will support a petition for certiorari but not an
may sue for its annulment provided that he can action for annulment of judgment. [1 Riano
prove: 633, 2011 Ed.]
a. The judgment was obtained through fraud
or collusion, and Only evidence found in the record can justify
b. He would be adversely affected thereby. nullity. [Arcelona v. CA, G.R. No. 102900
[Alaban v. CA, G.R. No. 156021 (2005)] (1997)]
i. Grounds for Annulment Form and contents of petition
1. Verified petition, alleging therein:
The annulment may be based only on the a. With particularity the facts and the law
grounds of: relied upon
a. Extrinsic fraud, and b. Petitioner’s good and substantial cause
• Note: Such shall not be a valid ground of action or defense
if it was availed of, or could have been 2. In 7 clearly legible copies, together with
availed of, in a MNT or petition for sufficient copies corresponding to the
relief. number of respondents
b. Lack of jurisdiction. 3. Certified true copy of the judgment or final
[Sec. 2, Rule 47] order or resolution shall be attached to the
original copy of the petition intended for the
Extrinsic fraud court and indicated as such by the
It refers to any fraudulent act of the prevailing petitioner
party in litigation committed outside the trial
of the case where the defeated party
4. Affidavits of witnesses or documents being refiled in the proper court. [Sec. 7, Rule
supporting the cause of action or defense; 47]
and
5. Certificate of non-forum shopping. Based on extrinsic fraud
[Sec. 3, Rule 47] The court may on motion order the trial court
to try the case as if a timely motion for new
ii. Period to File Action trial had been granted therein. [Sec. 7, Rule 47]
b. By direct action, as certiorari, or by Note: When all else fails, there is jurisprudence
collateral attack in case of apparent nullity to the effect that a patently void judgment may
• The collateral attack must be against a be dealt with by a Main Action for Injunction.
challenged judgment which is void [Barrameda v. Moir, G.R. No. L-7927 (1913)]
upon its face as where it is patent that
the court which rendered said 19. EXECUTION,
judgment has no jurisdiction or that the
nullity of the judgment is apparent from
SATISFACTION, AND EFFECT
its own recitals OF JUDGMENTS
c. By a Petition for Relief under Rule 38
• Must be taken in the same action or Definition
proceeding in which the judgment or Execution is a remedy afforded by law for the
order was entered. enforcement of a judgment. It is a judicial writ
[1 Regalado 454-456, 2010 Ed.] issued to an officer authorizing and requiring
him to execute the judgment of the court.
Void judgment [Pamantasan ng Lungsod ng Maynila v. IAC,
1. Considered as no judgment at all. G.R. No. L-65439 (1986), citing 2 Francisco,
2. Cannot be the source of any right nor the 592-593, 1966 Ed.]
creator of any obligation.
3. All acts performed pursuant to it and all Note: The prevailing party can secure certified
claims emanating from it have no legal true copies of the judgment or final order of the
effect. appellate court, the entry thereof, and submit it
4. Can never become final and any writ of to the court of origin to justify a motion for a writ
execution based on it is void. of execution even without waiting for receipt of
[Polystyrene Manufacturing v. Privatization the records from the appellate court. [Circular
Management, G.R. No. 171336 (2007)] No. 24-94]
Attacking a void judgment The appellate court can also direct the
1. It may be assailed any time, and issuance of the writ of execution upon motion
2. It may be done collaterally or in a direct in the same while the records are still with the
action unless barred by laches. appellate court, or even after remand to the
[Spouses Benatiro v. Heirs of Cuyos, G.R. No. lower court. [1 Regalado 452, 2010 Ed.]
161220 (2008)]
a. Difference Between Finality of
Remedies Judgment for Purposes of
If the period for appeal has not yet lapsed: Appeal and for Purposes of
1. New Trial and Reconsideration [Rule 37],
Execution
2. Appeal [Rules 40-45],
3. Petition for Relief [Rule 48], and
A judgment is final if it disposes of the action
4. Other appropriate remedies such as
as distinguished from an interlocutory order
certiorari.
which leaves something to be done with
[1 Riano 60, 2011 Ed.]
respect to the merits of the case, and it is
executory if the period to appeal has expired
If the appropriate remedies are no longer
and no appeal is taken. [2 Herrera 281, 2007
available without the fault of the petitioner, he
Ed.; 1 Regalado 450, 2010 Ed.]
may avail of a petition for Annulment of
Judgment [Rule 47]
Finality for purposes of appeal refers to the
[Mandy Commodities Co. Inc. v ICBC, G.R. No.
distinction between “final judgments or orders”
166734 (2009)]
and “interlocutory orders,” which cannot be
Note: The period to appeal where an MR has Mere allegation that the appeal is dilatory is not
been filed commences only upon the receipt of a good reason to merit discretionary execution.
a copy of the order disposing of the MR. The Nor is the fact that the prevailing party is in
pendency of the MR prevents the running of the financial distress. [Intramuros Tennis Club vs
period to appeal. When there is a pending MR, CA, G.R. No. 135630 (2000)]
an order of execution pending appeal is
improper and premature. [JP Latex Examples of good reasons:
Technology, Inc. v. Ballons Granger Balloons, 1. Where the goods subject of the judgment
Inc., et al., G.R. No. 177121 (2009)] stand to perish or deteriorate during the
pendency of the appeal. [Yasuda v. CA,
G.R. No. 112569 (2000)]
2. The award of actual damages is for an Restitution - The property itself must be
amount fixed and certain, but not an award returned to the judgment debtor, if the same is
for moral and exemplary damages. [Radio still in the possession of the judgment creditor,
Communications Inc. v. Lantin, G.R. No. L- plus compensation to the former for the
59311 (1985)] deprivation and use of the property. [1
3. Insolvency of a defeated party. [Hacienda Regalado 467, 2010 Ed.]
Navarro v. Labrador, G.R. No. L-45912
(1938)] Reparation of damages:
4. The prevailing party is of advanced age a. If the purchaser at the public auction
and in a precarious state of health and the was the judgment creditor, pay the full
obligation in the judgment is non- value of the property at the time of its
transmissible, being for support. [De Leon seizure plus interest
v. Soriano, G.R. No. L-7648 (1954)] b. If the purchaser at public auction was a
5. Where defendants were exhausting their third person, judgment creditor must pay
income and have no other property aside the judgment debtor the amount realized
from proceeds of the property subject in from the sale with interest thereon; and
litigation. [Lao v. Mencias, G.R. No. L- c. If the judgment award was reduced on
23554 (1967)] appeal, the judgment creditor must return
to the judgment debtor only the excess
Stay of discretionary execution which he received over and above that to
Discretionary execution issued may be stayed which he is entitled under the final
upon approval by the proper court of a judgment, with interest on such excess.
sufficient supersedeas bond [Po Pauco v. Tan Juco, G.R. No. L-63188
a. Filed by the party against whom it is (1990)]
directed, and
b. Conditioned upon the performance of the Remedy against discretionary execution
judgment or order allowed to be executed The remedy is certiorari by Rule 65.
in case it shall be finally sustained in whole
or in part. Note: The fact that the losing party has also
appealed from the judgment does not bar
Note: The bond may be proceeded against on certiorari proceedings as the appeal could not
motion with notice to the surety. be an adequate remedy from such premature
[Sec. 3, Rule 39] execution. [Jaca v. Davao Lumber Co., G.R.
No. L-25771 (1982)]
General rule: The filing of a supersedeas
bond is sufficient to stay the enforcement of a c. How a Judgment is Executed
discretionary execution. [Sec. 3, Rule 39]
i. Execution by Motion or by
Exception: Where the needs of the Independent Action
prevailing party are urgent, the Court can
order immediate execution despite such Modes of enforcement of execution
supersedeas bond. [1 Regalado 466, 2010 Mode When enforced
Ed.] Within 5 years from the
By motion
date of entry of judgment
If judgment is reversed totally or partially,
or annulled, on appeal or otherwise After the lapse of 5
The trial court may, on motion, issue such years from date of entry
By independent
orders of restitution or reparation of and before it is barred
action
damages as equity and justice may warrant by the statute of
under the circumstances. [Sec. 5, Rule 39] limitations
appeared before court [Rodriguez v. •After notice and upon motion, the court
Alikpala, G.R. No. L-38314 (1974)] may order such persons to do so
b. Without admission of satisfaction.
Return of a writ of execution [Sec. 45, Rule 39]
a. Judgment satisfied within 30 days
The writ of execution shall be returnable to the Effect of death of a party to execution
court issuing it immediately after the judgment a. Death of the judgment obligee
has been satisfied in part or in full. [Sec. 14, - Will not prevent the execution of
Rule 39] judgment
- Execution will issue upon the
b. Judgment not satisfied within 30 days application of the executor,
1. The officer shall report to the court and administrator, or successor in
state the reason therefore. interest.
2. The officer shall make a report to the b. Death of the judgment obligor
court every 30 days on the proceedings - Will not prevent execution of judgment
taken thereon until the judgment is - Execution shall issue against his
satisfied in full, or its effectivity expires. executor, administrator, or successor
3. The returns or periodic reports shall set in interest.
forth the whole of the proceedings [Sec. 7, Rule 39]
taken, and shall be filed with the court
and copies thereof promptly furnished iii. Execution of Judgments for
the parties Money
[Sec. 14, Rule 39]
If the award is for payment of money,
Entry of satisfaction of judgment execution is enforced by
Satisfaction of a judgment shall be entered by 1. Immediate payment on demand,
the COC in the court docket, and in the 2. Satisfaction by levy, or
execution book, upon the: 3. Garnishment of debts and credits [Sec. 9,
a. Return of a writ of execution showing the Rule 39]
full satisfaction of the judgment, or
b. Filing of an admission to the satisfaction of Note: Levy can only be made under Sec. 9 of
the judgment executed and acknowledged Rule 39
in the same manner as a conveyance of
real property by the judgment obligee or by IMMEDIATE PAYMENT ON DEMAND
his counsel unless a revocation of his Procedure
authority is filed, or 1. The officer shall demand from the
c. Endorsement of such admission by the judgment obligor the immediate payment of
judgment obligee or his counsel on the face the full amount stated in the writ of
of the record of the judgment. execution and all lawful fees.
[Sec. 44, Rule 39] 2. The judgment obligor shall pay in cash,
certified bank check payable to the
The court may order the entry of satisfaction judgment obligee, or any other form of
even if the judgment was satisfied in fact or payment acceptable to the latter, the
otherwise than upon execution: amount of the judgment debt under proper
a. With admission of satisfaction by the receipt directly to the judgment obligee or
judgment obligee or counsel, or his authorized representative if present at
• On demand of the judgment obligor, the time of payment.
such persons must execute and 3. The lawful fees shall be handed under
acknowledge, or indorse, the proper receipt to the executing sheriff
admission who shall turn over the said amount within
DELIVERY OF PERSONAL PROPERTY title and interest of the judgment obligor in such
In judgments for the delivery of personal property at the time of the levy, subject to
property, the officer shall: liens and encumbrances then existing.
a. Take possession of the same, and [Sec. 12, Rule 39]
b. Deliver it to the party entitled thereto and Note: The power of the court in executing
satisfy any judgment for money as therein judgments extends only over properties
provided. [Sec. 10(e), Rule 39] unquestionably belonging to the judgment
debtor. [Corpuz v. Pascua, A.M. No. P-11-
v. Execution of Special Judgments 2972 (2011)]
who filed a frivolous or plainly spurious claim. b. A creditor (redemptioner) having a lien by
[Sec. 16, Rule 39] virtue of an attachment, judgment or
mortgage on the property sold, or on some
Procedure part thereof, subsequent to the lien under
He must institute an action, distinct and which the property was sold.
separate from that which the judgment is being [Sec. 27, Rule 39]
enforced, with the court of competent
jurisdiction If the lien of the creditor is prior to the
• In such ation, the validity and sufficiency of judgment under which the property was sold:
title of the claimant will be resolved. a. He is not a redemptioner;
• A writ of preliminary injunction against the b. He cannot redeem since his interests in his
sheriff may be issued. lien are fully protected. Any purchaser at a
public auction takes the same subject to
Note: No need to file a claim in the court which such prior lien which he has to satisfy.
issued a writ. The latter is not a condition sine [1 Regalado 512, 2010 Ed.]
qua non for the former.
[Sy v. Discaya, G.R. No. 86301 (1990)] Proof required of redemptioner
A redemptioner must produce to the officer, or
IN RE: THIRD PARTY CLAIMS IN person from whom he seeks to redeem, and
ATTACHMENT AND REPLEVIN serve with his notice to the officer
If the claim is filed under Sec. 16, Rule 39, it a. A copy of the judgment or final order under
must be filed in a separate action instituted for which he claims the right to redeem,
the purpose. Intervention is no longer allowed certified by the clerk of the court wherein
since judgment has already been rendered. [1 the judgment or final order is entered; or,
Regalado 500-501, 2010 Ed.] b. If he redeems upon a mortgage or other
lien,
If it is filed under Sec. 14, Rule 57 1. A memorandum of the record thereof,
(Attachment) or under Sec. 7, Rule 60 certified by the registrar of deeds; or an
(Replevin), the claim may be litigated in the original or certified copy of any
same action involved or in a separate suit. assignment necessary to establish his
Intervention is allowed. [1 Regalado 501, 2010 claim; and
Ed.] 2. An affidavit executed by him or his
agent, showing the amount then
The reason for the difference is that the actually due on the lien. [Sec. 30, Rule
judgment in the case subject of Sec. 16, Rule 39]
39 is already final and executory, while Rules
57 and 60 involve actions still pending in When redemption can be made
the trial court. [1 Regalado 501, 2010 Ed.] Who When
Within 1 year from the
By the judgment
f. Rules on Redemption date of registration of
obligor
the certificate of sale
When available Within 1 year from the
Only for real property, since nothing in the By first
date of registration of
ROC provides for redemption of personal redemptioner
the certificate of sale
property. [Sec. 27, Rule 39]
By all subsequent Within 60 days from
redemptioners last redemption
Who may redeem
a. Judgment obligor, or his successor in [Sec. 28, Rule 39]
interest in the whole or any part of the
property Note: There is no extension or interruption of
redemption period. [Sec. 28, Rule 39]
possession of the property shall be given to the sheriff at the expiration of the period of
the purchaser or last redemptioner by the redemption which entitles the purchaser to
same officer possession of the property sold. [1 Regalado
508, 2010 Ed.]
Exception: A third party is actually holding the
property adversely to the judgment obligor. Recovery of purchase price if sale not
[Sec. 33, Rule 39] effective
a. If the purchaser of real property sold on
Two documents which the sheriff executes execution, or his successor in interest,
in case of real property • Fails to recover the possession thereof,
a. Certificate of sale or
1. Upon a sale of real property, the officer • Is evicted therefrom, in consequence of
must give to the purchaser a certificate irregularities in the proceedings
of sale containing: concerning the sale, or
i. A particular description of the real b. Because the judgment has been reserved
property sold; or set aside, or
ii. The price paid for each distinct lot c. Because the property sold was exempt
or parcel; from execution, or
iii. The whole price paid by him; and d. Because a third person has vindicated his
iv. A statement that the right of claim, to the property,
redemption expires one year from
the date of the registration of the The purchaser may, on motion in the same
certificate of sale action or in a separate action,
2. Must be registered in the registry of a. Recover from the judgment obligee the
deeds of the place where the property price paid, with interest, or so much thereof
is situated. [Sec. 25, Rule 39] - From as has not been delivered to the judgment
registration of said certificate, the 1 obligor; or
year redemption period starts [Sec. 28, b. Have the original judgment revived in his
Rule 39] name for the whole price with interest, or
3. Certificate of sale after execution sale so much thereof as has been delivered to
is merely a memorial of the fact of sale the judgment obligor.
and does not operate as conveyance [1 Note: The judgment so revived shall
Regalado 508, 2010 Ed.] have the same force and effect as an
b. Deed of Conveyance original judgment would have as of the
1. Executed upon the expiration of the date of the revival and no more.
period to redeem. [Sec. 34, Rule 39]
Note: The purchaser or redemptioner
shall be substituted to and acquire all Note: A purchaser’s right of possession is
the rights, title, interest and claim of the recognized only as against the judgment
judgment obligor to the property as of debtor and his successor-in-interest. It is not so
the time of the levy. against persons whose right of possession is
2. Executed by the officer making the adverse. When a third party is in possession
sale. of the property purchased, the possession is
3. Under the expiration of the right of presumed to be based on just title - a
redemption, presumption which may be overcome by the
[Sec. 33, Rule 39] purchaser in a judicial proceeding for recovery
of the property. [Villanueva v. Cherdan
Note: Hence, the certificate of sale of real Lending Investors Corp., G.R. No. 177881
property does not confer any right to the (2010)]
possession or ownership, of the real property
purchased. It is the deed of sale executed by
b. Forbid a transfer or other disposition of sell and convey such real estate or the
such interest or debt within 120 days from interest of the obligor therein; and such sale
notice of the order, and shall be conducted in all respects in the same
c. May punish disobedience of such order as manner as is provided for the sale of real estate
for contempt. upon execution, and the proceedings thereon
[Sec. 43, Rule 39] shall be approved by the court before the
execution of the deed. [Sec. 42, Rule 39]
Impropriety of an action for damages as a
remedy i. Effect of Judgment or Final
Where the writ of execution is unsatisfied, Orders
the remedy to enforce it is Secs. 38-39, and not
a complaint for damages. [Phil. Transmarine Immutability of judgments
Carriers v. CA, G.R. No. 122346 (2000)] A judgment that has acquired finality
becomes immutable and unalterable, and
OTHER REMEDIES may no longer be modified in any respect, even
Order for application of property or income if the modification is meant to correct
The court may order any property of the erroneous conclusions of fact and law, and
judgment obligor, or money due him, not whether it be made by the court that rendered
exempt from execution, in the hands of either it or by the Highest Court of the land. [PNB v.
himself or another person, or of a corporation Spouses Maranon, G.R. No. 189316 (2013)]
or other juridical entity, to be applied to the
satisfaction of the judgment, subject to any Rationale
prior rights over such property. [Sec. 40, Rule a. To avoid delay in the administration of
39] justice, and procedurally to make orderly
the discharge of judicial business, and
After a writ of execution against property has b. To put an end to judicial controversies at
been issued, a person indebted to the the risk of occasional errors.
judgment obligor may pay to the sheriff [PCI Leasing and Finance, Inc. v. Milan, G.R.
holding the writ of execution the amount of No. 151215 (2010)]
his debt or so much thereof as may be
necessary to satisfy the judgment, in the RES JUDICATA
manner prescribed in Sec. 9, Rule 39 and the Dual aspect
sheriffs receipt shall be a sufficient discharge a. Bar by former judgment
for the amount so paid or directed to be 1. The judgment or final order is a bar to
credited by the judgment obligee on the the prosecution of a subsequent action
execution [Sec. 39, Rule 39] based on the same claim or cause of
action
Appointment of receiver 2. Described by Sec. 47, pars. (a) and (b),
The court may appoint a receiver of the Rule 39
property of the judgment obligor; and it may 3. Also known as “Estoppel by Verdict”
also forbid a transfer or other disposition of, b. Conclusiveness of judgment
or any interference with, the property of the 1. The judgment or final order precludes
judgment obligor not exempt from execution. the relitigation of particular issues or
[Sec. 41, Rule 39] facts on a different demand or cause of
action
If it appears that the judgment obligor has an 2. Described by Sec. 47, par. (c), Rule 39
interest in real estate in the place in which 3. Also known as the Rule of Auter Action
proceedings are had, as mortgagor or Pendant
mortgagee or otherwise, and his interest [1 Riano 541, 2011 Ed.; 1 Regalado 529, 2010
therein can be ascertained without Ed.]
controversy, the receiver may be ordered to
Bar by former Conclusiveness of comply with these rules or any order of the
judgment judgment court, the action may be dismissed upon
There is only identity motion of the defendant or upon the court's
Requires identity of of parties and subject own motion. This dismissal shall have the
parties, subject matter effect of an adjudication upon the merits,
unless otherwise provided by court
matter, and causes
[Development Bank v. CA, G.R. No. 110203
of action Causes of action are
(2001)]
different
Absolute Bar to: Res judicata in judgments in rem
(a) all matters Conclusive as to Judgments or final
directly adjudged; matters directly Conclusive as to
order
and adjudged and Against a specific
(b) those that might actually litigated Title of the thing
thing
have been adjudged Probate of a will or
Claim Preclusion Issue Preclusion administration of the The will or
[1 Riano 683-684, 2011 Ed.] estate of a deceased administration
person
The rule of res judicata applies to final In respect to the
decisions of quasi-judicial agencies and to
personal, political, or
judgments rendered in probate proceedings [1
legal condition or Condition, status or
Regalado 534, 2010 Ed.]
status of a particular relationship of the
BAR BY FORMER JUDGMENT person or his person
The judgment or decree of a court of competent relationship to
jurisdiction on the merits concludes the parties another.
and their privies to the litigation and constitutes [1 Riano 542, 2011 Ed.]
a bar to a new action or suit involving the same
cause of action either before the same or any Res judicata in judgments in personam
other tribunal. [Machoca v. Cariaga, G.R. No. In other cases, the judgment or final order is,
75109-10 (1989)] with respect to the matter directly adjudged or
as to any other matter that could have been
Requisites missed in relation thereto, conclusive
a. A final judgment or order between
b. Jurisdiction over the subject matter and the a. The parties and
parties by the court rendering judgment b. Their successors in interest, by title
c. Judgment upon merits subsequent to the commencement of the
d. Between the two cases, there is identity of: action or special proceeding, litigating for
1. Parties the same thing and under the same title
2. Subject matter and in the same capacity
3. Cause of action [Sec. 47(b), Rule 39]
[1 Riano 430, 2011 Ed.]
CONCLUSIVENESS OF JUDGMENT
General rule: For res judicata to apply, trial Any right, fact or matter in issue directly
must be made on the merits of the case [1 adjudicated or necessarily involved in the
Regalado 530, 2010 Ed.] determination of an action before a competent
court in which a judgment or decree is rendered
Exception: Sec. 3, Rule 17: Dismissal upon on the merits is conclusively settled by the
fault of plaintiff - If plaintiff fails to appear at judgment therein and cannot again be
the time of the trial, or to prosecute his action litigated between the parties and their privies
for an unreasonable length of time, or to whether or not the claim or demand, purpose
or subject matter of the two suits is the same. (1971); case need the same
[Machoca v. Cariaga, G.R. No. 75109-10 Vergara v. not be legal issue is
(1989)] Roque, G.R. followed as a raised.
No. L-32984 precedent in [CDCP
Requisites (1977)] subsequent Mining Corp.
a. A final judgment or order
litigation v. CIR, G.R.
b. Jurisdiction over the subject matter and the
between No. 122213
parties by the court rendering it
c. Judgment upon merits other parties. (2005)]
d. Between the two cases, there is identity of: [1 Riano 544,
1. Parties, and 2011 Ed]
2. Issues.
[1 Regalado 529-531, 2010 Ed.] 1. Enforcement and Effect of Foreign
Judgments or Final Orders
Res judicata, law of the case, and stare
decisis A valid judgment rendered by a foreign
a. Stare decisis - When the SC has laid down tribunal may be recognized insofar as the
a principle of law applicable to a certain immediate parties the underlying cause of
state of facts, it will adhere to that principle action are concerned so long as it is
and apply it to all future cases where the convincingly shown that:
facts are substantially the same. [1 Riano a. There has been an opportunity for a fair
533, 2011 Ed.] hearing before a court of competent
b. Law of the case - Whatever is once jurisdiction,
irrevocably established as the controlling b. Trial upon registered proceedings has
legal rule or decision between the same been conducted, and
parties in the case continues to be the law c. There is nothing to indicate either a
of the case whether correct on general prejudice in court and in the system of laws
principles or not, so long as the facts on under which it is sitting or fraud in procuring
which such decision was predicated the judgment.
continue to be the facts of the case before [Philippine Aluminum v. Fasgi Enterprises,
the court. [1 Riano 544, 2011 Ed.] G.R. No. 137378 (2000)]
Regalado 536, 2010 Ed. citing Raytheon v. Before our courts can give the effect of res
Rouzie, G.R. No. 162894 (2008)] judicata to a foreign judgment, it must be
shown that the parties opposed to the
Nature judgment had been given ample opportunity to
The civil action for enforcement of a foreign do so on grounds under Section 48 of Rule 39
judgment is one incapable of pecuniary of the ROC. [Roehr v. Rodriguez, G.R. No.
estimation. 142480 (2003)]
• Although the foreign judgment may result
in recovery of money or property, the
cause of action and subject matter of
D. PROVISIONAL
the civil action is the foreign judgment REMEDIES
itself (and not, as in an ordinary action for
monetary relief, the violation of a right
through an act or omission). The matter left 1. NATURE AND PURPOSE
for proof is the foreign judgment itself, not
the facts from which it prescinds. [1 Nature of provisional remedies
Regalado 536, 2010 Ed.] They are temporary, auxiliary, and ancillary
remedies available to a litigant for the
Effect of foreign judgments [Sec. 48, Rule protection and preservation of his rights while
39] the main action is pending. They are writs and
Nature Effect processes which are not main actions and are
dependent for their application on the
In judgments Judgment is
existence of a principal action. [1 Regalado
against a specific conclusive upon the
684, 2010 Ed.]
thing (in rem) title to the thing
Judgment is Orders granting or denying provisional
presumptive remedies are merely interlocutory and cannot
In judgments evidence of a right as be the subject of an appeal. They may however
against a person (in between parties and be challenged before a superior court through
personam) their successors-in- a petition for certiorari under Rule 65. [Pahila-
interest by a Garrido v. Tortogo, et. al., G.R. No. 156358
subsequent title (2002)]
Note: The enumeration above is not exclusive. 1(f), Rule 57 [PCIB v. Alejandro, G.R. No.
The court may invoke its equity jurisdiction and 175587 (2007)]
order the appropriate reliefs during the
pendency of an action. [Reyes v. Lim, G.R. No. Note: Being a mere ancillary to a principal
134241 (2003)] proceeding, the attachment must fail if the
principal suit itself cannot be maintained.
2. JURISDICTION OVER Another consequence is that where the main
action is appealed, the attachment is also
PROVISIONAL REMEDIES considered appealed and is removed from the
jurisdiction of the lower court. [2 Riano 12, 2016
The court which grants or issues a provisional Bantam Ed.]
remedy is the court which has jurisdiction
over the main action. [1 Regalado 685, 2010
a. Grounds for Issuance of Writ of
Ed.] Thus, where the main case is pending in a
specific RTC, it is the same court, not any other
Attachment
court, which may grant the provisional remedy
applied for. [2 Riano 5, 2016 Bantam Ed.] When Preliminary Attachment may be
Applied For
The authority to grant provisional remedies is An order for preliminary attachment may be
not the sole prerogative of superior courts. applied for
Inferior courts may also grant all appropriate a. At the commencement of the action, or
provisional remedies in an action pending with b. At any time before entry of judgement.
it and is within its jurisdiction. In fact, the [Sec. 1, Rule 57]
jurisdiction of the MTC includes the “grant of
provisional remedies in the proper cases.” Who may apply
[Sec. 33 (1), B.P. 129] It may be applied for by
a. The plaintiff, or
b. Any proper party. [Sec. 1, Rule 57]
3. PRELIMINARY ATTACHMENT • Any proper party includes a defendant
who filed a counterclaim, cross-claim,
Definition or a third party complaint [Sec. 1, Rule
Attachment is defined as a provisional remedy 3]
by which the property of an adverse party is
taken into legal custody, either at the Grant of Preliminary Attachment is
commencement of an action or at any time Discretionary
thereafter, as a security for the satisfaction of The grant of the remedy of preliminary
any judgment that can be recovered by the attachment is addressed to judicial
plaintiff or any proper party. [Northern Islands discretion. There is nothing in Rule 57 which
v. Garcia, GR No. 203240 (2015)] indicates that the grant of such writ is a matter
of right on the part of the applicant. [2 Riano 13,
Purposes 2016 Bantam Ed.]
1. To seize the property of the debtor in
advance of final judgment and to hold it for Strict Construction
purposes of satisfying said judgment, as in Since preliminary attachment opens up the
the grounds stated in Sec. 1(a) to (e), Rule debtor to humiliation and annoyance, it may
57, or only be granted when necessary and as a last
2. To acquire jurisdiction over the action resort on concrete and specific grounds. [2
by actual or constructive seizure of the Riano 14, 2016 Bantam Ed.]
property in those instances where personal
or substituted service of summons on the Grounds for Issuance
defendant cannot be effected, as in Sec. Under Sec. 1, Rule 57, the grounds for a
preliminary attachment are, to wit:
e. Order for writ of attachment. [Sec. 5, Rule b. A complete inventory of the property
57] attached, ang
c. Any counter-bond given by the party
Exceptions: Levy on attachment would be against whom attachment is issued. [Sec.
justified even without prior or 6, Rule 57]
contemporaneous summons under the
following circumstances: ATTACHMENT OF SPECIFIC KINDS OF
a. Summons could not be served personally PROPERTY
or by substituted service despite diligent a. Real property, or growing crops
efforts, or thereon, or any interest therein, standing
b. Defendant is a resident of the Philippines upon the record of the registry of deeds of
temporarily absent therefrom, or the province in the name of the party
c. Defendant is a non-resident of the against whom attachment is issued, or not
Philippines, or appearing at all upon such records, or
d. The action is in rem or quasi in rem. [Sec. belonging to the party against whom
5, Rule 57] attachment is issued and held by any other
person, or standing on the records of the
e. Manner of Attaching Real and registry of deeds in the name of any other
Personal Property; When person,
Property Attached is Claimed 1. By filing with the registry of deeds a
copy of the order, together with a
by Third Person description of the property attached,
and a notice that it is attached, or that
General rule: The sheriff enforcing the writ
such real property and any interest
shall without delay and with all reasonable
therein held by or standing in the name
diligence attach, to await judgment and
of such other person are attached, and
execution in the action, only so much of the
by leaving a copy of such order,
property in the Philippines of the party against
description, and notice with the
whom the writ is issued, not exempt from occupant of the property, if any, or with
execution, as may be sufficient to satisfy the
such other person or his agent if found
applicant’s demand.
within the province
• The sheriff is precluded from attaching
• Where the property has been
any property exempt from execution, brought under the operation of
such as those enumerated in Sec. 13,
either the Land Registration Act or
Rule 39. [2 Riano 35, 2016 Bantam Ed.] the Property Registration Decree,
the notice shall contain a reference
Exception: The sheriff shall not enforce the
to the number of the certificate of
writ if the adverse party makes a deposit with
title, the volume and page in the
the court from which the writ is issued, or gives
registration book where the
a counter-bond executed to the applicant, in
certificate is registered, and the
an amount equal to the bond fixed by the court registered owner or owners
in the order of attachment or to the value of the
thereof.
property to be attached, exclusive of costs. 2. The registrar of deeds must index
[Sec. 5, Rule 57]
attachments filed under this section in
the names of the applicant, the adverse
Sheriff’s return
party, or the person by whom the
After enforcing the writ, the sheriff must without
property is held or in whose name it
delay, make a return to the court issuing the stands in the records. If the attachment
writ, with:
is not claimed on the entire area of the
a. A full statement of his proceedings,
land covered by the certificate of title, a
description sufficiently accurate for the
Trust Company, G.R. No.187023 (2010)]; Bond for issuance vs bond for lifting
or a. Bond for issuance of writ [Sec. 4, Rule
c. File motion for intervention (available only 57] – This is for damages by reason of the
before judgment is rendered) [Sec. 1, Rule issuance of the writ.
19] b. Bond for lifting of writ [Secs. 5 and 12,
Note: The last method was allowed in the Rule 57] – This is to secure the payment of
case of Gopiao v. Metropolitan Bank & the judgment to be recovered.
Trust Co. [G.R. No. 188931 (2014)] [1 Regalado 709, 2010 Ed.]
rise to a cause of action. [Marquez v. Sanchez, and among the parties. [WT Construction, Inc.
G.R. No. 141849 (2007)] v. DPWH, G.R. No. 163352 (2007)]
property and by discharging the replevin bond. 1. The return to of property to adverse
[Rivera v. Vargas, G.R. No. 165895 (2009)] party if such return be adjudged, and
2. The payment to adverse party of such
b. Requisites sum as he may recover from the
applicant in the action.
a. The applicant must show by his own [Sec. 2, Rule 60]
affidavit or that of some other person who
personally knows the facts the items stated Return of property
in Part F.3 (Affidavit and bond; redelivery If the adverse party objects to the sufficiency
bond) of the
b. The applicant must also give a bond, a. Applicant’s bond, or
called a replevin bond. b. Surety or sureties thereon,
[Sec. 2, Rule 60] he cannot immediately require the return of the
property, but he may, at any time before the
Upon the filing of such affidavit and approval of delivery of the property to the applicant, require
the bond, the court shall issue an order and the the return thereof. [Sec. 5, Rule 60]
corresponding writ of replevin describing the
personal property alleged to be wrongfully How return of property may be required;
detained and requiring the sheriff forthwith to Redelivery bond
take such property into his custody [Sec. 3, File a bond with the court where the action is
Rule 60] pending. Such shall be:
a. Executed to the applicant,
c. Affidavit and Bond; Redelivery b. In double the value of the property as
Bond stated in the applicant’s affidavit
c. Conditions
1. The delivery thereof to the applicant, if
Contents of the affidavit:
such delivery be adjudged, and
The affidavit shall show
2. The payment of such sum to him as
a. That the applicant is the owner of the
may be recovered against the adverse
property claimed, particularly describing it,
party, and by serving a copy of such
or is entitled to the possession thereof;
bond on the applicant.
b. That the property is wrongfully detained
[Sec. 5, Rule 60]
by the adverse party, alleging the cause of
detention thereof according to the best of
his knowledge, information, and belief; d. Sheriff’s Duty in The
c. That the property has not been distrained Implementation of The Writ;
or taken for a tax assessment or a fine When Property Is Claimed by
pursuant to law, or seized under a writ of Third Party
execution or preliminary attachment, or
otherwise placed under custodia legis, or i. Sheriff’s Duty in Implementation
if so seized, that it is exempt from such
seizure or custody; and 1. Upon receiving the order, the sheriff must
d. The actual market value of the property. a. Serve a copy thereof on the adverse
[Sec. 2, Rule 60] party, together with a copy of the
application, affidavit and bond, and
Applicant’s bond (Replevin Bond) b. Forthwith take the property, if it be in
a. Executed to the adverse party the possession of the adverse party, or
b. Double the value of the property as stated his agent, and retain it in his custody.
in the affidavit 2. If the property or any part thereof be
c. Conditions: concealed in a building or enclosure, the
sheriff must
a. Demand its delivery, and Unless the applicant or his agent, on demand
b. If it be not delivered, he must cause the of said sheriff, shall file a bond approved by
building or enclosure to be broken the court to indemnify the third-party claimant
open and take the property into his in a sum not less than the value of the property
possession. under replevin as provided in Sec. 2, Rule 60.
3. After the sheriff has taken possession of • No claim for damages for the taking or
the property, he must keeping of the property may be
a. Keep it in a secure place and enforced against the bond unless the
b. Shall be responsible for its delivery to action therefor is filed within 120 days
the party entitled thereto upon from the date of the filing of the bond.
receiving his fees and necessary
expenses for taking and keeping the Note: In case of disagreement as to such value,
same. the court shall determine the same.
[Sec. 4, Rule 60] [Sec. 7, Rule 60]
Must be based on a Some special civil rules for special civil actions (e.g. quo
cause of action actions do not have to warranto). [1 Regalado 771, 2010 Ed.]
which means that be based on a cause
there must have of action (e.g. 4. INTERPLEADER
been a violation of interpleader). [1
plaintiff’s rights. Regalado 771, 2010 Definition
[Sec. 1, Rule 2] Ed.] An interpleader is a special civil action filed by
Venue is a person against whom two conflicting claims
determined by Venue is generally are made upon the same subject matter and
either the governed by the over which he claims no interest whatsoever,
residence of the general rules on or if he has an interest, it is one which, in whole
parties when action venue, except as or in part, is not disputed by the claimants.
is personal or by otherwise indicated by [Sec. 1, Rule 62]
the location of the special rules. [1
property when the Regalado 771, 2016 Purpose of the remedy
action is real. Ed.] 1. To compel the conflicting claimants to
[Secs. 1-2, Rule 4] interplead and litigate their several claims
among themselves. [Sec. 1, Rule 62]
2. Not to protect a person against double
Initiated by complaint
Initiated by liability but to protect him from double
or petition. [1
complaint. [Sec. 5, vexation in respect of one liability. [Beltran
Regalado 770, 2010 v. PHHC, G.R. No. L-25138 (1969)
Rule 1]
Ed.]
Interpleader vs. Intervention
Some special civil Interpleader Intervention
actions can only be Ancillary action, i.e.
filed in the MTC (e.g. Original action there is a pending
forcible entry and action
It may be filed unlawful detainer) Intervenor claims an
initially either in the while there are some interest that is
Plaintiff either has
MTC or the RTC. which can NOT be adverse to at least
1. No interest or;
commenced in the one of the existing
2. An interest in the
MTC (e.g. certiorari). parties, or will be
subject matter
[1 Regalado 771, adversely affected
2010 Ed.] undisputed by
by judgment in favor
the other parties
of either of the
3. JURISDICTION AND VENUE existing parties
Defendants to a
Jurisdiction over special civil actions is complaint-in-
Defendants are sued
determined by the Constitution [e.g. Sec. 5, Art. intervention are
to be impleaded
VIII, for the Supreme Court] and statutes (e.g. parties to a pending
B.P. 129). suit
[1 Regalado 321, 2010 Ed.]
Venue is a procedural matter and generally set
by the Rules of Court. Hence, the venue of civil
a. Requisites for Interpleader
actions is determined by the general rules on
venue, unless otherwise subject to special
a. There must be 2 or more claimants with
adverse or conflicting interest;
b. The conflicting claims involves the same Answer of each claimant setting forth his
subject matter; claim within 15 days from service of the
c. The conflicting claims are made against summons upon him, serving a copy thereof
the same person; and upon each of the other conflicting claimants
who may file their reply thereto as provided
d. The plaintiff has no claim upon the subject
by the ROC.
matter of the adverse claims or if he has
an interest at all, such interest is not Counterclaims, cross-claims, third-party
disputed by the claimants. [Sec. 1, Rule complaints and responsive pleadings
62] thereto, as provided by the ROC, may be
filed by the parties in an interpleader action.
[Sec. 5, Rule 62]
b. When to File
OR
General rule: An action for Interpleader should
be filed within a reasonable time after a
Motion to dismiss filed by each claimant
dispute has arisen without waiting to be sued
within the time for filing an answer on the
by either of the contending parties. Otherwise,
ground of impropriety of the interpleader
it may be barred by laches. [Wack Wack Golf &
action or on other appropriate grounds
Country Club v. Lee Won, G.R. No. L-23851
specified in Rule 16. The period to file the
(1976)]
answer shall be tolled and if the motion is
denied, the movant may file his answer
Exception: Where the stakeholder acts with
within the remaining period, but which shall
reasonable diligence in view of environmental
not be less than 5 days in any event,
circumstances, the remedy is not barred.
reckoned from notice of denial [Sec. 4, Rule
[Wack Wack Golf & Country Club v. Lee Won,
62]
G.R. No. L-23851 (1976)]
Note: Even if a motion to dismiss is now a
Who may file
prohibited pleading under the Amended
The person against whom the conflicting
Rules, it is submitted that a motion to
claims are made and claims no interest in the
dismiss can still be filed on the basis of
subject matter. [Sec. 1, Rule 62]
the impropriety of an interpleader, even if
such ground is not among those listed for an
Procedure allowable motion to dismiss under Sec. 12,
Filing of an action against the conflicting Rule 15. This is because the rules of
claimants to compel them to interplead and ordinary civil actions are subject to the
litigate their several claims among special rules prescribed for a special civil
themselves [Sec. 1, Rule 62] action. [Sec. 3(c), Rule 1] In light of Sec. 3(c),
↓ Rule 1 as well, the grounds for an allowable
Court order upon the filing of the complaint motion to dismiss should likewise be allowed
requiring the conflicting claimants to as proper grounds for a motion to dismiss an
interplead with one another. If the interests interpleader. [see Sec. 12(a)(1-3), Rule 15]
of justice so require, the court may direct in ↓
such order that the subject matter be paid or Pre-trial [Sec. 6, Rule 62]
delivered to the court [Sec. 2, Rule 62] ↓
↓ Determination of the claimants’ respective
Summons served upon the conflicting rights and adjudicate their several claims
claimants, together with a copy of the [Sec. 6, Rule 62]
complaint and order [Sec. 3, Rule 62]
↓
Two types of actions under Rule 63 Note: The enumeration is exclusive. Hence,
1. Petition for declaratory relief, and an action not based on any of those
2. Similar remedies enumerated cannot be the proper subject of
a. Action for reformation of an instrument; declaratory relief. [Mangahas v. Paredes, G.R.
b. Action to quiet title or remove clouds No. 157866 (2007)]
therefrom, and
c. Action to consolidate ownership under Where to File Declaratory Relief
Art. 1607, CC Jurisdiction
[Sec. 1, Rule 63] General Rule: Exclusive and original
jurisdiction is with the RTC since the subject in
Definition a petition for declaratory relief is incapable of
Declaratory relief is an action by any person pecuniary estimation. [Sec. 19, B.P.129, as
interested in a deed, will, contract or other amended by R.A. 7691].
written instrument, executive order or
resolution, to determine any question of The SC has no original jurisdiction over these
construction or validity arising from the petitions, only appellate jurisdiction [Liga ng
instrument, executive order or regulation, or mga Barangay National v. City Mayor of
statute, and for a declaration of his rights and Manila, G.R. No. 154599 (2004)]
duties thereunder. [Sec. 1, Rule 63; Jumamil v.
Cafe, G.R. No. 144570 (2005)]
Note: The parties shall be allowed to file such What are the requisites for reformation?
pleadings as may be necessary or proper. 1. There must have been a meeting of the
[Sec. 6, Rule 63] minds of the parties to the contract;
2. The instrument does not express the true
A petition for declaratory relief is filed before intention of the parties; and
the occurrence of any breach or violation of the 3. Failure of the instrument to express the true
deed, contract, statute, ordinance or executive intention of the parties is due to mistake,
order or regulation. It will not prosper when fraud, inequitable conduct or accident.
brought after a contract or a statute has already [Multi-Ventures Capital v. Stalwart
been breached or violated. If there has Management Services Corp., G.R. No. 157439
already been a breach, the appropriate (2007)]
ordinary civil action and not declaratory relief
should be filed [City of Lapu-Lapu v. PEZA, Burden of proof
G.R. No. 184203 (2014)] The onus probandi is upon the party who
insists that the contract should be reformed.
e. Proceedings Considered as [Multi-Ventures Capital v. Stalwart
Management Services Corp, G.R. No. 157439
Similar Remedies
(2007)]
These remedies are considered similar to
declaratory relief because they also result in Prescriptive period
In an action for reformation, the plaintiff has 10
the adjudication of legal rights of the litigants,
years within which to bring it from the time the
often without the need of execution to carry the
right of action accrued. [Veluz v. Veluz, G.R.
judgment into effect:
No. L-23261 (1968)]
a. An action for the reformation of an
instrument, recognized under Articles
1359 to 1369 of the Civil Code; CIVIL CODE PROVISIONS ON THE
b. An action to quiet title, authorized by REFORMATION OF AN INSTRUMENT
When the remedy is reformation of the
Articles 476 to 481 of the Civil Code; and
c. An action to consolidate ownership instrument
When, there having been a meeting of the
required by Article 1607 of the Civil Code in
a sale with a right to repurchase. minds of the parties to a contract, their true
intention is not expressed in the instrument
[Malana v. Tappa, G.R. No. 181303 (2009)]
purporting to embody the agreement, by
reason of mistake, fraud, inequitable conduct
However, a distinction must be made between
or accident, one of the parties may ask for the
these proceedings and an action for
reformation of the instrument to the end that
such true intention may be expressed. [Art. in conflict with the provisions of the Civil Code.
1359, CC] [Art. 1360, CC]
When a mutual mistake of the parties causes There shall be no reformation in the following
the failure of the instrument to disclose their cases:
real agreement, the said instrument may be 1. Simple donations inter vivos wherein no
reformed [Art. 1361, CC] condition is imposed,
2. Wills, or
If one party was mistaken and the other acted 3. When the real agreement is void.
fraudulently or inequitably in such a way that [Art. 1366, CC]
the instrument does not show their true
intention, the former may ask for the When one of the parties has brought an action
reformation of the instrument [Art. 1362, CC] to enforce the instrument, he cannot
subsequently ask for its reformation [Art. 1367,
When one party was mistaken and the other CC]
knew or believed that the instrument did not
state their real agreement, but concealed that ii. Consolidation of Ownership
fact from the former, the instrument may be
reformed [Art. 1363, CC] In case of real property, the consolidation of
ownership in the vendee by virtue of the failure
When through the ignorance, lack of skill, of the vendor to comply with the provisions of
negligence or bad faith on the part of the Art. 1616 shall not be recorded in the Registry
person drafting the instrument or of the clerk or of Property without a judicial order, after the
typist, the instrument does not express the true vendor has been duly heard. [Art. 1607, CC]
intention of the parties, the courts may order
that the instrument be reformed [Art. 1364, CC] The vendor cannot avail himself of the right of
repurchase without returning to the vendee the
If two parties agree upon the mortgage or price of the sale, and in addition:
pledge of real or personal property, but the 1. The expenses of the contract, and any
instrument states that the property is sold other legitimate payments made by reason
absolutely or with a right of repurchase, of the sale;
reformation of the instrument is proper [Art. 2. The necessary and useful expenses made
1365, CC] on the thing sold.
[Art. 1616, CC]
Reformation may be ordered at the instance of
either party or his successors in interest, if the Purpose
mistake was mutual; otherwise, upon petition The action brought to consolidate ownership is
of the injured party, or his heirs and assigns not for the purpose of consolidating the
[Art. 1368, CC] ownership of the property in the person of the
vendee or buyer but for the registration of the
When the remedy is for annulment of the property. The lapse of the redemption period
contract without the seller a retro exercising his right of
If mistake, fraud, inequitable conduct, or redemption consolidates ownership or title
accident has prevented a meeting of the minds upon the person of the vendee by operation of
of the parties, the proper remedy is not law. [Rosario v. Rosario, G.R. No. L-13018
reformation of the instrument but annulment (1960)]
of the contract. [Art. 1359, CC]
iii. Quieting of Title to Real Property
The principles of general law on reformation of
instruments are adopted insofar as they are not Whenever there is a cloud on title to real
property or any interest therein, by reason of
The plaintiff must have legal or equitable title Interruption of the 30-day period
to, or interest in the real property which is the The filing of a motion for new trial or
subject-matter of the action. He need not be in reconsideration of said judgment or final
possession of said property. [Art. 477, CC] order or resolution, if allowed under the
procedural rules of the Commission
Requisites concerned, shall interrupt the period herein
1. The plaintiff or complainant has a legal or fixed.
an equitable title to or interest in the real • If the motion is denied, the aggrieved
property subject of the action, and party may file the petition within the
2. The deed, claim, encumbrance, or remaining period, but which shall not
proceeding claimed to be casting cloud on be less than 5 days in any event,
his title must be shown to be in fact invalid reckoned from notice of denial [Sec. 3,
or inoperative despite its prima facie Rule 64]
appearance of validity or legal efficacy.
[Mananquil v. Moico, G.R. No. 180076 (2012)] a. Distinctions in the Application
of Rule 65 to Judgments of the
6. REVIEW OF JUDGMENTS COMELEC and COA and the
AND FINAL ORDERS OR Application of Rule 65 to Other
RESOLUTION OF THE Tribunals, Persons, and
COMMISSION ON Officers
ELECTIONS AND THE Rule 64 Rule 65
COMMISSION ON AUDIT Directed to any
Directed to
tribunal, board, or
Scope judgments, final
officer exercising
Review of judgments and final orders or orders or resolutions
judicial or quasi-
resolutions of the COMELEC and the COA. of COMELEC and
judicial functions.
[Sec. 1, Rule 64] COA. [Sec. 1]
[Sec. 1]
Filed within 30 days Filed within 60 days
A judgment or final order or resolution of the
from notice of the from notice of the
COMELEC and the COA may be brought by
the aggrieved party to the SC on certiorari judgment. [Sec. 3] judgment. [Sec. 4]
under Rule 65, except as hereinafter provided The denial of a prior The denial of the
[Sec. 2, Rule 64], not on appeal by certiorari motion for motion for
under Rule 45. reconsideration or reconsideration or
new trial gives the new trial gives the
filing part time to file filing party a fresh
within the remainder period of 60 days for discretion amounting to lack of jurisdiction;
of the 30-day period, the filing of a Rule and
but never less than 5 65 petition for c. There must be no appeal or no other plain,
days reckoned from certiorari. [Sec. 4] speedy, and adequate remedy.
the notice of denial. [Sec. 1, Rule 65; Barbers v. COMELEC, G.R.
No. 165691 (2005)]
[Sec. 3]
Notes on certiorari:
7. CERTIORARI, PROHIBITION, a. A respondent is said to be exercising
AND MANDAMUS judicial functions where he has the power
to determine what the law is and what the
legal rights of parties are.
a. Definitions and Distinctions
b. Quasi-judicial function is a term which
applies to the action of administrative
Certiorari is a writ emanating from the proper
officers or bodies to investigate facts and
court directed against any tribunal, board or
draw conclusions. [2 Riano 195, 2016
officer exercising judicial or quasi-judicial
Bantam Ed.]
functions, the purpose of which is to correct
c. The acts that may be the object of the
errors of jurisdiction - i.e. without or in excess
petition are:
of jurisdiction, or with grave abuse of discretion
1. Acts without jurisdiction - denotes
amounting to the same. [Sec. 1, Rule 65]
that the tribunal, board, or officers
acted with absolute lack of authority
Prohibition is a writ issued by the proper court
2. Excess of jurisdiction - when the
and directed against any tribunal, corporation,
respondent exceeds its power or acts
board, officer or person, whether exercising
without any statutory authority
judicial, quasi-judicial or ministerial functions,
3. Grave abuse of discretion - connotes
commanding the respondent to desist from
capricious and whimsical exercise of
further proceedings in the action or matter
judgement as to be equivalent to lack
specified therein [Sec. 2, Rule 65]
or excess of jurisdiction.
[2 Riano 205, 2016 Bantam Ed.]
Mandamus is a writ to compel a tribunal,
corporation, board, officer or person to do the
Prohibition
act required to be done to protect the rights of
a. Respondent is exercising judicial or quasi-
the petitioner when the respondent unlawfully
judicial function;
neglects the performance of an act which the
b. Respondent acted without or in excess of
law specifically enjoins as a duty resulting from
its jurisdiction or acted with grave abuse of
an office, trust, or station, or excludes another
discretion amounting to lack of jurisdiction;
from the use and enjoyment of a right or office
and
to which such other is entitled, and there is no
c. There must be no appeal or no other plain,
other plain, speedy and adequate remedy in
speedy, and adequate remedy.
the ordinary course of law.
[Sec. 2, Rule 65; Barbers v. COMELEC, G.R.
[Sec. 3, Rule 65]
No. 165691 (2005)]
b. Requisites Mandamus
a. Respondent unlawfully
Certiorari 1. Neglects the performance of an act
a. Respondent is exercising judicial or quasi- which the law specifically enjoins as a
judicial function; duty resulting from an office, trust, or
b. Respondent acted without or in excess of station, or
its jurisdiction or acted with grave abuse of
2. Excludes another from the use and admitted facts may be considered. [Suarez v.
enjoyment of a right or office to which NLRC, G.R. No. 124723 (1998)]
such other is entitled, and
b. There is no other plain, speedy and General rule: Where an appeal is available,
adequate remedy in the ordinary course of certiorari will not lie [Jose v. Zulueta, G.R. No.
law. L-16598 (1961)]
[Sec. 3, Rule 65]
Exceptions:
Discretionary vs. Ministerial act a. Where appeal does not constitute a speedy
Discretionary act Ministerial act and adequate remedy;
One which an officer b. Where orders were also issued either in
or tribunal performs excess of or without jurisdiction;
in a given state of c. For certain special considerations, as
facts, in a prescribed public welfare or public policy;
d. Where, in criminal actions, the court rejects
The law imposes a manner, in
the rebuttal evidence for the prosecution
duty upon a public obedience to the
as, in the case of acquittal, there could be
officer and gives him mandate of a legal no remedy;
the right to decide authority, without e. Where the order is a patent nullity; and
how or when the duty regard to or the f. Where the decision in the certiorari case
shall be performed. exercise of his own will avoid future litigations.
judgment upon the [Villarica Pawnshop v. Gernale, G.R. No.
propriety or 163344 (2009)]
impropriety of the act
done. Prohibition
[Roble Arrastre, Inc. v. Villaflor, G.R. No. Prohibition is a preventive remedy. However,
128509 (2006)] to prevent the respondent from performing the
act sought to be prevented during the
Note: The common requisite among certiorari, pendency of the proceedings for the writ, the
prohibition, and mandamus is that there is no petitioner should obtain a restraining order
other plain, speedy, or adequate remedy in and/or a writ of preliminary injunction. [1
the ordinary course of law. [Secs. 1, 2, 3, Regalado 801, 2010 Ed.]
Rule 65]
The office of prohibition is not to correct errors
c. When Petition for Certiorari, of judgment but to prevent or restrain
usurpation by inferior tribunals and to compel
Prohibition, and Mandamus is them to observe the limitation of their
Proper jurisdictions. [3 Herrera 321, 2006 Ed.]
Certiorari is a corrective remedy used to General rule: Prohibition, as a rule, does NOT
correct errors of jurisdiction, not errors of lie to restrain an act which is already fait
judgment. accompli (one that has already been done)
[Cabañero and Mangornong v. Torres, G.R.
Note: Errors of judgement are those errors No. L-43352 (1935)]
arising from erroneous conclusions of law.
They are reviewable by appeal, not by Exception: A writ of prohibition will lie to
certiorari. [Heirs of Valientes v. Ramas, 638 prevent the unlawful creation of a new province
SCRA 444] by those in the corridors of power who could
avoid judicial intervention and review by merely
Questions of fact cannot be raised in an original speedily and stealthily completing the
action for certiorari. Only established or
It is based on the
ground that the court Where to file
Does not involve Subject to the doctrine
against whom the writ is
the jurisdiction of of hierarchy of courts
sought had acted
the court and only when
without or in excess of
jurisdiction compelling reasons
Main action or Supreme Court exist for not filing the
provisional Main action same with the lower
remedy courts [Uy v.
[2 Riano 58, 2016 Bantam Ed.] Contreras, G.R. No.
111416-17 (1994)]
Injunction Mandamus If the petition relates to
Ordinary civil action Special civil action an act or an omission of
Directed against a an MTC, corporation,
Directed against a tribunal, RTC board, officer or person
litigant corporation, board, [Sec. 4, Rule 65, as
or officer amended by A.M. No.
Purpose is for the 07-7-12-SC]
Purpose is to either If the petition involves
tribunal,
refrain the defendant an act or an omission of
corporation, board,
from performing an a quasi-judicial agency,
or officer, to
act or to perform not Court of Appeals unless otherwise
perform a
necessarily a legal only provided by law or
ministerial and legal
and ministerial duty rules [Sec. 4, Rule 65,
duty
[2 Riano 59, 2016 Bantam Ed.] as amended by A.M.
No. 07-7-12-SC]
g. When and Where to File Petition Whether or not in aid of
Court of Appeals
appellate jurisdiction
or the
Petition and contents [Sec. 4, A.M. No. 07-7-
Sandiganbayan
A verified petition is 12-SC]
a. Filed in the proper court In election cases
1. Alleging the facts with certainty involving an act or an
2. Praying for the proper judgment; and Commission on
omission of an MTC or
b. Accompanied by: Elections
RTC [Sec. 4, A.M. No.
1. A certified true copy of the judgment, 07-7-12-SC]
order, resolution subject thereof
2. Copies of all pleadings and relevant
Rule on extension of time for filing
and pertinent documents
General rule: The 60-day period within which
3. A sworn certification of non-forum to file a petition for certiorari under Rule 65 is
shopping
non-extendible.
[Secs. 1-3, Rule 65]
Exception: Under the following exceptional
When to file circumstances, the Court may extend the
Not later than 60 days from notice of judgment, period according to its sound discretion:
order, or resolution. If a motion for a. Most persuasive and weighty reasons;
reconsideration or new trial is filed, the 60-day b. To relieve a litigant from an injustice not
period shall be counted from notice of denial of commensurate with his failure to comply
motion. [Sec. 4, Rule 65] with the prescribed procedure;
c. Good faith of the defaulting party by c. Where there is urgent necessity for the
immediately paying within a reasonable resolution of the question and any further
time from the time of the default; delay would prejudice the interests of the
d. The existence of special or compelling Government;
circumstances; d. Where under the circumstances, an MR
e. The merits of the case; would be useless, as where the court had
f. A cause not entirely attributable to the fault already indicated that it would deny any
or negligence of the party favored by the MR of its questioned order;
suspension of the rules; e. Where the petitioner was deprived of due
g. A lack of any showing that the review process and there is extreme urgency for
sought is merely frivolous and dilatory; relief;
h. The other party will not be unjustly f. Where, in a criminal case, relief from an
prejudiced thereby; order of arrest is urgent and granting such
i. Fraud, accident, mistake or excusable relief by trial court is improbable;
negligence without appellant’s fault; g. Where the proceedings in the lower court
j. Peculiar legal and equitable circumstances are a nullity for lack of due process;
attendant to each case; h. Where the proceeding was ex-parte or in
k. In the name of substantial justice and fair which the petitioner had no opportunity to
play; object;
l. Importance of the issues involved; and i. Where the issue raised is one purely of law
m. Exercise of sound discretion by the judge or where public interest is involved;
guided by all the attendant circumstances. j. Where the subject matter of the action is
[Thenamaris Philippines, Inc. v. CA, G.R. No. perishable.
191215 (2014)] [Ombudsman v. Laja, G.R. No. 169241 (2006)]
In election cases involving an act or omission Against whom may the action be brought
of a municipal or RTC, the petition [for 1. A PERSON who usurps, intrudes into, or
certiorari, prohibition, or mandamus] shall be unlawfully holds or exercises a public
filed exclusively with the COMELEC, in aid of office, position, or franchise
its appellate jurisdiction. [Sec. 4, par. 3, Rule • Note: Sec. 2, Article XI of the
65 as amended by A.M. No. 07-7-12- SC Constitution allows the institution of a
(2007)] quo warranto action against an
impeachable officer. After all, a quo
k. Effects of Filing of an warranto petition is predicated on
grounds distinct from those of
Unmeritorious Petition
impeachment. The former questions
the validity of a public officer’s
The court may dismiss the petition if:
appointment while the latter indicts him
a. It finds the same patently without merit or
for so-called impeachable offenses
prosecuted manifestly for delay, or
without questioning his title to the office
b. If the questions raised therein are too
he holds [Republic v. Sereno, G.R. No.
insubstantial to require consideration.
237428 (2018)]
2. A PUBLIC OFFICER who does or suffers
Effect of dismissal
an act, which, by the provision of law,
The court may award in favor of the respondent
constitutes a ground for forfeiture of office;
treble costs solidarily against the petitioner and
or
counsel, in addition to subjecting counsel to
3. An ASSOCIATION which acts as a
administrative sanctions under Rules 139 and
corporation within the Philippines without
139-B.
being legally incorporated or without lawful
• The Court may impose motu proprio,
authority so to act. [Sec. 1, Rule 66]
based on res ipsa loquitur, other
disciplinary measures on erring
Jurisdiction OR
1. Original jurisdiction to issue the writ of quo
warranto is vested in the SC, CA, and A person claiming to Any voter
RTC. [Sec. 5(1), Art. VIII, Constitution; be entitled to a public
Secs. 9 and 21, B.P. 129] office or position
2. Quo warranto actions against corporations usurped or
with regard to franchises and rights granted unlawfully held or
to them, as well as the dissolution of exercised by another
corporations now fall under the jurisdiction in his own name.
of the RTC. [Sec. 5.2, RA No. 8799 in [Sec. 5, Rule 66]
relation to P.D. 902-A; Unilongo v. CA, Where filed
G.R. No. 123910 (1999)]
When Commenced
3. The usurpation of an office in a private
corporation falls under the jurisdiction of by Solicitor If against the
the RTC under Sec. 5.2, R.A. 8799 in General: election of a Member
relation to P.D. 902-A; Calleja v. Panday, RTC Manila, CA, or of Congress,
G.R. No. 168696 (2006)] SC regional, provincial
or city officer, file in
Otherwise: the COMELEC
RTC with jurisdiction
over the territorial If against a
area where municipal or
respondent or any of barangay officer, file
the respondents in the appropriate
resides, CA, or SC RTC or MTC,
[Sec. 7, Rule 66] respectively.
of a compulsory sale to the State [Manapat v. [Republic v. Philippine National Bank, G.R. No.
CA, G.R. No. 110478 (2007)] L-14158 (1961)]
Note: The commissioners’ proceedings shall Note: Such rights of the plaintiff are not delayed
not be effectual until the court shall have by an appeal from the judgment. [Sec. 11, Rule
accepted their report and rendered judgment in 67]
accordance with their recommendations. [Sec.
7, Rule 67]
f. Remedy of Debtor if
Foreclosure is Not Proper Equity of redemption vs. Right of
redemption
Judicial Foreclosure Right of
Equity of redemption
The debtor-mortgagor is allowed the redemption
opportunity to show why the sale should not be Right of defendant
confirmed during the hearing on the motion mortgagor to
Right of the debtor,
of confirmation of the sale. [2 Riano 318, extinguish the
his successor in
2016 Bantam Ed.] mortgage and retain
interest, or any
ownership of the
judicial creditor of
A failure to give notice of the hearing for motion property by paying the
said debtor or any
of confirmation is good cause for setting aside secured debt within the
person having a
the sale. [Grimalt v. Velasquez, 36 Phil 936 90 to 120-day period
lien on the property
(1917)] after entry of judgment
subsequent to the
or even after the
mortgage.
Extrajudicial Foreclosure foreclosure sale but
The debtor may, in the proceedings in which prior to its confirmation
possession was requested, but not later than Governed by Secs.
Governed by Rule 68
30 days after the purchaser was given 29-31, Rule 39
possession, petition that the sale be set aside
and the writ of possession cancelled, Note: What Secs. 2-3, Rule 68 provide for is
specifying the damages suffered by him, the mortgagor’s equity of redemption. This may
because the mortgage was not violated or the be exercised by him even beyond the period to
pay the judgment obligation (i.e. 90-120 days)
sale was not made in accordance with the
and even after the foreclosure sale itself,
provisions hereof. [Sec. 8, Act 3135]
provided it be before the order of the
confirmation of sale. [Rosales v. Alfonso, G.R.
g. Redemption No. 137792 (2003)]
“until but not after” the registration of certificate foreclosure sale but
of sale with the Register of Deeds, “which in no prior to confirmation.
case shall be more than 3 months after
foreclosure, whichever is earlier.” [2 Riano 317, iv. Effect of Pendency of Action for
2016 Bantam Ed.] Annulment of Sale
ii. Amount of Redemption Price The pendency of a suit for annulment of the
foreclosure proceedings does not defeat the
In equity of redemption, the price that needs right of the purchaser to a writ of possession to
to be paid in order to retain ownership of the which the purchaser becomes entitled to as a
property and extinguish the mortgage would be matter of right.
the debt amount. [2 Riano 317, 2016 Bantam
Ed.] Note: An injunction to prohibit the enforcement
of the writ is entirely out of place. [Carpo v.
With respect to the right of redemption, the Chua, 471 SCRA 471 (2005)]
amount of the purchase price differs depending
on whether the entity redeeming is a bank or h. Writ of Possession
not.
1. Bank redemptioner - The redemption The writ of possession is a means of
price shall be: recognizing and enforcing the rights of the
a. The amount due under the mortgage purchaser, since the confirmation of the
deed, foreclosure sale operates to divest all parties to
b. Interest rate specified in the mortgage, the action of their rights in the property and
and vests them in the purchaser. [2 Riano 320,
2016 Bantam Ed.]
c. Expenses incurred by the bank from
the sale of the property.
i. Ministerial Duty of the Court
2. Non-bank redemptioner - The
redemption price shall be The purchaser shall be entitled to a writ of
a. Full amount paid by the purchaser, possession upon:
b. 1% interest per month on the a. Finality of the order of confirmation, or
purchase price, up to the time of b. Expiration of the period for redemption.
redemption,
c. Taxes assessed that purchaser paid, Such writ shall be issued upon motion. Hence
and the purchaser or last redemptioner must file a
d. Interest of 1% on the taxes assessed. motion for the issuance of a writ of possession.
[De Leon 557, Comments and Cases on Credit [2 Riano 320, 2016 Bantam Ed.]
Transactions, 2016 Ed.]
ii. Enforcement Against Third Parties
iii. Period for Redemption
The obligation of a court to issue a writ of
Right of possession ceases to be ministerial when a
Equity of redemption
redemption third-party in possession of the property claims
Period is 1 year a right that is adverse to that of the debtor-
Period is 90-120 days
from date of mortgagor.
after entry of judgment
registration of
or even after
certificate of sale.
Francisco Realty and Development Corp. v. In order to constitute force, the act of going to
CA, G.R. No. 125055 (1988)] the property and excluding the lawful
possessor necessary implies the exertion of
a. Definitions and Distinction force over the property which is all that is
necessary and sufficient to show that the action
Forcible entry Unlawful detainer is based on Sec. 1, Rule 70. [Bunyi v. Factor,
(detentacion) (desahucio) G.R. No. 172547 (2009)]
Possession is
Possession of land initially lawful but it b. Distinguish: Forcible Entry,
by the defendant is becomes illegal by Unlawful Detainer, Accion
unlawful from the reason of the Publiciana, and Accion
beginning as he termination of his Reivindicatoria
acquires possession right to possession
by force, intimidation, of the property under Three (3) kinds of action for recovery of
strategy, threat, or his contract (express possession
stealth (FISTS) [Dikit or implied) with the Accion Accion Accion
v. Ycasiano, G.R. plaintiff [Dikit v. interdictal publiciana reivindicatoria
No. L-3621 (1951)] Ycasiano, G.R. No.
Summary Plenary
L-3621 (1951)] action for action for
No previous demand recovery of recovery of
for the defendant to Demand is physical real right of
An action for
vacate the premises jurisdictional [Sec. 2, possession possession
recovery of
is necessary. [Sec. 2, Rule 70; Medel v. where the when
possession
Rule 70; Medel v. Militante, G.R. No. dispossessio dispossessi
based on
Militante, G.R. No. 16096 (1921)]. n has not on has
ownership [1
16096 (1921)] lasted for lasted for
Regalado 872,
Plaintiff must prove more than more than
2010 Ed.]
one year [1 one year [1
that he was in prior
Plaintiff need not Regalado Regalado
physical possession
have been in prior 871-872, 872, 2010
of the premises until
physical possession 2010 Ed.] Ed.]
he was deprived
[Pharma Industries,
thereof by defendant RTC has jurisdiction if the
Inc. v. Pajarillaga, value of the property exceeds
[Pharma Industries,
G.R. No. 53788 P20,000 outside Metro
Inc. v. Pajarillaga,
(1980)] Manila or P50,000 within
G.R. No. 53788 MTC has
(1980)] Metro Manila.
jurisdiction
Period is counted [Sec. 33(2),
MTC has jurisdiction if value
from the date of last B.P. 129, as
The 1-year period is of property does not exceed
demand [Sarona v. amended]
generally counted the above amounts
Villegas, G.R. No. L-
from the date of
22984 (1968)]] or [Sec. 19 and 33, B.P. 129, as
actual entry on land
last letter of demand amended]
[1 Regalado 873,
[DBP v. Canonoy,
2010 Ed.]
G.R. No. L-29422,
(1970)]
who the real owner of the disputed determined by the judgment of the lower
portion is, the inferior court may resolve court on or before the 10th day of each
the issue of ownership and make a succeeding month or period.
declaration as to who among the [Sec. 19, Rule 70]
contending parties is the real owner. In the
same vein, where the resolution of the Note: All these requisites must concur.
issue of possession hinges on a
determination of the validity and Judgment of the RTC
interpretation of the document of title or any The judgment of RTC against the defendant
other contract on which the claim of shall be immediately executory, without
possession is premised, the inferior court prejudice to further appeal that may be taken
may likewise pass upon these issues. This therefrom. [Sec. 21, Rule 70]
is because, and it must be so understood,
that any such pronouncement made Summary procedure
affecting ownership of the disputed General rule: All actions for forcible entry and
portion is to be regarded merely as unlawful detainer shall be governed by the
provisional, hence, does not bar nor summary procedure of Rule 70, irrespective of
prejudice an action between the same the amount of damages or unpaid rentals
parties involving title to the land. sought to be recovered.
[Refugia v. CA, G.R. No. 118284 (1996)]
Exceptions:
Judgment for ejectment cannot be enforced a. In cases covered by agricultural tenancy
against a co-owner who was not made a party laws; or
to the action. [Cruzcosa v. Concepcion, G.R. b. When the law otherwise expressly
No. L-11146 (1957)] provides.
[Sec. 3, Rule 70]
j. How to Stay the Immediate
Execution of Judgment k. Prohibited Pleadings and
Motions
Judgment of MTC
General rule: Judgment of the MTC against a. Motion to dismiss the complaint except on
defendant in ejectment cases is immediately the ground of lack of jurisdiction over the
executory upon motion. subject matter, or failure to comply with
Sec. 12, Rule 70 (referral for conciliation)
Exceptions: b. Motion for a bill of particulars
a. An appeal has been perfected and c. Motion for new trial, or for reconsideration
b. The defendant who seeks to stay execution of a judgment, or for reopening of trial
files a sufficient supersedeas bond, d. Petition for relief from judgment
approved by the MTC and executed in e. Motion for extension of time to file
favor of the plaintiff to pay the rents, pleadings, affidavits or any other paper
damages, and costs accruing down to the f. Memoranda
time of the judgment appealed from, and g. Petition for certiorari, mandamus, or
c. During the pendency of the appeal, he prohibition against any interlocutory order
deposits with the appellate court the issued by the court
amount of rent due from time to time under h. Motion to declare the defendant in default
the contract, if any, as determined by the i. Dilatory motions for postponement
judgment of the MTC. In the absence of a j. Reply
contract, he shall deposit with the RTC the k. Third-party complaints
reasonable value of the use and l. Interventions
occupation of the premises for the [Sec. 13, Rule 70]
preceding month or period at the rate
within 5 days after the termination of the 5. Motion for extension of time to file
preliminary conference. [Sec. 8] pleadings, affidavits or any other paper
6. Memoranda
Submission of affidavits and position 7. Petition for certiorari, mandamus, or
papers prohibition against any interlocutory order
Within 10 days from the receipt of the issued by the court
record of preliminary conference, the parties 8. Motion to declare the defendant in default
shall submit: 9. Dilatory motions for postponement
1. Affidavits of their witnesses, 10. Reply
2. Other evidence on the factual issues 11. Third party complaints
defined in the order, and 12. Interventions
3. Their position papers setting forth the law [Sec. 19]
and the facts relied upon by them. [Sec. 9]
5. APPEAL
Affidavits
The affidavits shall state only facts of direct Rendition of judgment
and personal knowledge of the affiants which Within 30 days after receipt of the last affidavits
are admissible in evidence, if not, such affidavit and position papers, or the expiration of the
or portion thereof shall be expunged from the period for filing the same, the court shall render
record. judgment. [Sec. 30]
Note: Violation of this rule may subject the Clarificatory procedure
party or counsel who submitted the defective
Should the court find it necessary to clarify
affidavit is subject to disciplinary action. [Sec. certain material facts, it may within the same 30
20] days to render judgment, issue an order:
a. Specifying the matters to be clarified,
4. PROHIBITED PLEADINGS b. Requiring the parties to submit affidavits or
AND MOTIONS other evidence on the matters within 10
days from receipt of the order
Pleadings In such case, judgment shall be rendered
The only pleadings allowed to be filed are: within 15 days after the receipt of the last
1. Complaint clarificatory affidavits, or the expiration of the
2. Compulsory counterclaim, pleaded in the period for filing the same.
answer
3. Cross-claim, pleaded in the answer In a civil case governed by the Rules on
4. Answer to these pleadings Summary Procedure, no hearing is
Note: All pleadings shall be verified. conducted. Instead, the parties are required
[Sec. 3] to submit their respective position papers.
[Five Star Marketing Corporation v. Booc, G.R.
Prohibited pleadings, motions, petitions 143331 (2007)]
1. Motion to dismiss the complaint or to quash
the complaint or information except on the Appeals
ground of lack of jurisdiction over the 1. The judgment or final order of the MTC
subject matter, or failure to comply with shall be appealable to the appropriate
referral to Lupon for conciliation when RTC.
required 2. The decision of the RTC in civil cases
2. Motion for a bill of particulars governed by the Rule on Summary
3. Motion for new trial, or for reconsideration Procedure shall be immediately executory
of a judgment, or for opening of trial without prejudice to further appeal.
4. Petition for relief from judgment [Sec. 21].
Parties are encouraged to file small claims Counterclaims within the Coverage of Small
court actions to resolve their minor disputes Claims
as opposed to resorting to self-help or forcible
means to seek their remedy. [Explanatory note Compulsory
to A.M. 08-8-7-SC] The defendant shall file a counterclaim in his
Response if he possesses a claim against the
Note: The rules of civil procedure shall apply plaintiff that:
suppletorily. [Sec. 27] The rules on 1. Is within the coverage of this Rule,
mediation/JDR shall not apply inasmuch as the exclusive of interest and costs;
2. Arises out of the same transaction or event Note: No evidence shall be allowed during the
that is the subject matter of the plaintiff’s hearing which was not attached to or submitted
claim; together with the Claim unless good cause is
3. Does not require for its adjudication the shown for admission of additional evidence.
joinder of third parties; and [Sec. 6]
4. Is not the subject of another pending
action, Affidavits
The affidavits submitted shall state only:
Note: Failure to do so will bar the defendant a. Facts of direct personal knowledge of the
from suing on the counterclaim. [Sec. 15] affiants, and
b. Based on authentic records which are
Permissive admissible in evidence.
The defendant may also elect to file a
counterclaim if: Effect of violation:
a. It is a claim that does not arise from the a. The party and counsel who submitted such
same transaction or occurrence, shall be subject to disciplinary action.
b. The amount and nature is within the b. The inadmissible affidavit or portion of
coverage of the Rule, and which shall be expunged from the record.
c. The prescribed docket fees and other legal Note: Non-submission of affidavits shall cause
fees are paid. the immediate dismissal of the claim or
[Sec. 15] counterclaim. [Sec. 9]
The following pleadings, motions, or petitions Note: An attorney may only appear in a small
shall not be allowed in small claims cases: claims case when the attorney himself is the
1. Motion to dismiss the complaint except on plaintiff/defendant. [Sec. 19]
the ground of lack of jurisdiction;
2. Motion for a bill of particulars; Failure to appear
3. Motion for new trial, or for reconsideration 1. If plaintiff fails to appear – it shall be a
of a judgment, or for reopening of trial; cause for dismissal without prejudice. The
4. Petition for relief from judgment; defendant present shall be entitled to
5. Motion for extension of time to file judgment on permissive counterclaim.
pleadings, affidavits, or any other paper; 2. If defendant fails to appear – same effect
6. Memoranda; as failure to file Response.
7. Petition for certiorari, mandamus, or 3. If both plaintiff and defendant fail to appear
prohibition against any interlocutory order – dismissal with prejudice of both the
issued by the court; Statement of Claim and the Counterclaim.
8. Motion to declare the defendant in default; [Sec. 20]
9. Dilatory motions for postponement;
10. Reply and Rejoinder;
11. Third-party complaints; and
5. Hearing; Duty Of The Judge
12. Interventions
[Sec. 16] When conducted
The hearing shall be set not more than 30 days
from the filing of the statement of claims. [Sec.
4. Appearances 12]
Representative Hearing
a. Must not be a lawyer, 1. At the hearing, the judge shall first exert
Note: Juridical entities shall not be efforts to bring the parties to an amicable
represented by a lawyer in any capacity. settlement of their dispute.
b. Must be related to or next-of-kin of the 2. If the attempt at an amicable settlement
individual-party, and fails, the hearing shall so proceed in an
[Sec. 2, Rule 6]
g. Strategic Lawsuit Against
Public Participation The court shall direct the plaintiff or adverse
party within 15 days from filing the comment or
lapse of period to:
Definition
a. File an opposition showing that the suit is
SLAPP refers to a legal action filed to harass,
not a SLAPP,
vex, exert undue pressure or stifle any legal
b. Attaching evidence in support thereof.
recourse that any person, institution or the
[Sec. 2, Rule 6]
government has taken or may take in the
enforcement of environmental laws, protection
The defense shall be set for hearing by the
of the environment or assertion of
court after issuance of an order to file an
environmental rights. [Sec. 1, Rule 6]
opposition within 15 days from filing of the
comment of lapse of the period. [Sec. 2, Rule
Applicability
6]
The SLAPP provisions apply not only to suits
- Hearing shall be summary in nature,
that have been filed in the form of a
- Parties must submit all available evidence
countersuit, but also to suits that are about
in support of their respective positions.
to be filed with the intention of discouraging
[Sec. 3, Rule 6]
the aggrieved person from bringing a valid
environmental complaint before the court.
Quantum of Evidence
[Annotation to the Rules of Procedure for
a. Party seeking the dismissal of the case
Environmental Cases, Supreme Court Sub-
must prove by substantial evidence that
Committee]
his acts for the enforcement of
environmental law is a legitimate action for
Illustrations:
the protection, preservation and
a. X files a complaint in an environmental
rehabilitation of the environment
case against A [violator of environmental
b. Party filing the action assailed as a
laws] and the A retaliates by filing a
SLAPP shall prove by preponderance of
complaint for damages against X;
evidence that the action is not a SLAPP
b. X is a witness in a pending environmental
and is a valid claim
case against A and A retaliates by filing a
[Sec. 3, Rule 6]
complaint for damages or libel against X; or
c. X is an environmental advocate who rallies
Resolution of the Defense of a SLAPP
for the protection of environmental rights
a. If action is dismissed, dismissal is with
and a complaint for damages is filed
prejudice
against him by A [Annotation to the Rules
b. If defense of SLAPP is rejected, action
of Procedure for Environmental Cases,
will proceed and evidence adduced during
Supreme Court Sub-Committee]
the summary hearing shall be treated as
evidence of the parties on the merits of the
SLAPP as a defense
case.
In a SLAPP filed against a person involved in
[Sec. 4, Rule 6]
the enforcement of environmental laws,
protection of environment, or assertion of
environmental rights, the defendant may:
a. File an answer interposing as a defense
that the case is a SLAPP and shall be
supported by documents, affidavits,
papers, and other evidence, and
b. By way of counterclaim, pray for damages,
attorney’s fees, and costs of suit.
Note: The court may grant a TEPO for the right and in both
preservation of the rights of the parties pending instances, there is
proceedings. [Sec. 5, Rule 8] no other plain,
speedy and
Judgment adequate remedy in
If warranted, the court shall grant the privilege the ordinary course
of the writ of continuing mandamus: of law.
a. Requiring respondent to perform an act or [Sec. 1]
series of acts until the judgment is fully
satisfied, Who May File
b. Grant such other reliefs as may be a. Natural and
warranted resulting from the wrongful or juridical persons
illegal acts of the respondent, b. Entities
c. Require the respondent to submit periodic authorized by
reports detailing the progress and law
execution of judgment. c. POs, NGOs, Person personally
Note: The court may by itself or through the PIG, on behalf of aggrieved by the
commissioner or the appropriate government persons whose unlawful act or
agency, evaluate and monitor compliance. The right to a omission [Sec. 1]
petitioner may also submit its comments or balanced and
observations on the execution of judgment. healthful ecology
[Sec. 7, Rule 8] is violated or
threatened to be
Return of the writ violated [Sec. 1]
The periodic reports submitted shall be Respondent
contained in partial returns of the writ. May be public or
Upon final satisfaction of the judgment, a final Government or its
private individual or
return of the writ shall be made to the court officers [Sec. 1]
entity [Sec. 1]
by the respondent. [Sec. 8, Rule 8] Docket Fees
Exempted [Sec. 4] Exempted [Sec. 3]
Distinctions Between Writ of Kalikasan and Venue
Writ of Continuing Mandamus a. RTC exercising
Writ of Continuing territorial
Writ of Kalikasan
Mandamus jurisdiction,
[Rule 7] SC or CA [Sec. 2]
[Rule 8] b. CA,
Subject Matter c. SC
Available against an Directed against [Sec. 3]
unlawful [a] the unlawful Discovery Measures
act or omission of a neglect in the
Ocular Inspection
public official or performance of an
and Production or
employee, or private act specifically None
Inspection Order
individual or entity, enjoined by law in
[Sec. 12]
involving connection with the
Damages
environmental enforcement/
Not allowed [Sec. 17] Allowed [Sec. 1]
damage of such violation of an
magnitude as to environmental rule
prejudice the life, or 4. Criminal Procedure
health or property of [b] the unlawfully
inhabitants in two or exclusion of another Filing of the information
more cities or from the use or An information, charging a person with a
provinces [Sec. 1] enjoyment of such violation of an environmental law and
[Sec. 2, Rule 6]
g. Strategic Lawsuit Against
Public Participation The court shall direct the plaintiff or adverse
party within 15 days from filing the comment or
lapse of period to:
Definition
a. File an opposition showing that the suit is
SLAPP refers to a legal action filed to harass,
not a SLAPP,
vex, exert undue pressure or stifle any legal
b. Attaching evidence in support thereof.
recourse that any person, institution or the
[Sec. 2, Rule 6]
government has taken or may take in the
enforcement of environmental laws, protection
The defense shall be set for hearing by the
of the environment or assertion of
court after issuance of an order to file an
environmental rights. [Sec. 1, Rule 6]
opposition within 15 days from filing of the
comment of lapse of the period. [Sec. 2, Rule
Applicability
6]
The SLAPP provisions apply not only to suits
- Hearing shall be summary in nature,
that have been filed in the form of a
- Parties must submit all available evidence
countersuit, but also to suits that are about
in support of their respective positions.
to be filed with the intention of discouraging
[Sec. 3, Rule 6]
the aggrieved person from bringing a valid
environmental complaint before the court.
Quantum of Evidence
[Annotation to the Rules of Procedure for
a. Party seeking the dismissal of the case
Environmental Cases, Supreme Court Sub-
must prove by substantial evidence that
Committee]
his acts for the enforcement of
environmental law is a legitimate action for
Illustrations:
the protection, preservation and
a. X files a complaint in an environmental
rehabilitation of the environment
case against A [violator of environmental
b. Party filing the action assailed as a
laws] and the A retaliates by filing a
SLAPP shall prove by preponderance of
complaint for damages against X;
evidence that the action is not a SLAPP
b. X is a witness in a pending environmental
and is a valid claim
case against A and A retaliates by filing a
[Sec. 3, Rule 6]
complaint for damages or libel against X; or
c. X is an environmental advocate who rallies
Resolution of the Defense of a SLAPP
for the protection of environmental rights
a. If action is dismissed, dismissal is with
and a complaint for damages is filed
prejudice
against him by A [Annotation to the Rules
b. If defense of SLAPP is rejected, action
of Procedure for Environmental Cases,
will proceed and evidence adduced during
Supreme Court Sub-Committee]
the summary hearing shall be treated as
evidence of the parties on the merits of the
SLAPP as a defense
case.
In a SLAPP filed against a person involved in
[Sec. 4, Rule 6]
the enforcement of environmental laws,
protection of environment, or assertion of
environmental rights, the defendant may:
a. File an answer interposing as a defense
that the case is a SLAPP and shall be
supported by documents, affidavits,
papers, and other evidence, and
b. By way of counterclaim, pray for damages,
attorney’s fees, and costs of suit.
Note: The court may grant a TEPO for the right and in both
preservation of the rights of the parties pending instances, there is
proceedings. [Sec. 5, Rule 8] no other plain,
speedy and
Judgment adequate remedy in
If warranted, the court shall grant the privilege the ordinary course
of the writ of continuing mandamus: of law.
a. Requiring respondent to perform an act or [Sec. 1]
series of acts until the judgment is fully
satisfied, Who May File
b. Grant such other reliefs as may be a. Natural and
warranted resulting from the wrongful or juridical persons
illegal acts of the respondent, b. Entities
c. Require the respondent to submit periodic authorized by
reports detailing the progress and law
execution of judgment. c. POs, NGOs, Person personally
Note: The court may by itself or through the PIG, on behalf of aggrieved by the
commissioner or the appropriate government persons whose unlawful act or
agency, evaluate and monitor compliance. The right to a omission [Sec. 1]
petitioner may also submit its comments or balanced and
observations on the execution of judgment. healthful ecology
[Sec. 7, Rule 8] is violated or
threatened to be
Return of the writ violated [Sec. 1]
The periodic reports submitted shall be Respondent
contained in partial returns of the writ. May be public or
Upon final satisfaction of the judgment, a final Government or its
private individual or
return of the writ shall be made to the court officers [Sec. 1]
entity [Sec. 1]
by the respondent. [Sec. 8, Rule 8] Docket Fees
Exempted [Sec. 4] Exempted [Sec. 3]
Distinctions Between Writ of Kalikasan and Venue
Writ of Continuing Mandamus a. RTC exercising
Writ of Continuing territorial
Writ of Kalikasan
Mandamus jurisdiction,
[Rule 7] SC or CA [Sec. 2]
[Rule 8] b. CA,
Subject Matter c. SC
Available against an Directed against [Sec. 3]
unlawful [a] the unlawful Discovery Measures
act or omission of a neglect in the
Ocular Inspection
public official or performance of an
and Production or
employee, or private act specifically None
Inspection Order
individual or entity, enjoined by law in
[Sec. 12]
involving connection with the
Damages
environmental enforcement/
Not allowed [Sec. 17] Allowed [Sec. 1]
damage of such violation of an
magnitude as to environmental rule
prejudice the life, or 4. Criminal Procedure
health or property of [b] the unlawfully
inhabitants in two or exclusion of another Filing of the information
more cities or from the use or An information, charging a person with a
provinces [Sec. 1] enjoyment of such violation of an environmental law and
Setting of pre-trial conference Note: Pro bono lawyers will be provided to the
After the arraignment, the court shall set pre- accused if he cannot afford the services of
trial within 30 days. counsel or if there is no available public
attorney. [Sec. 5, Rule 17]
Note: The court may refer the case to the COC,
if warranted, for preliminary conference to be Affidavits
set at least 3 days prior to pre-trial. [Sec. 1, Affidavit in lieu of direct examination shall be
Rule 16] used, subject to cross-examination and the
right to object to inadmissible portions of the
Manner of pre-trial affidavit. [Sec. 2, Rule 17]
- All questions or statements must be
directed to the court. [Sec. 4, Rule 16] Memoranda
- All agreements or admissions shall be The court may require the parties to submit
reduced in writing and signed by the their respective memoranda within 30 days
accused and counsel; otherwise, they from the date the case is submitted for
cannot be used against the accused. decision.
Note: The agreements covering matters
referred to in Sec 1, Rule 118 of the ROC Note: If possible, the memoranda shall be in
shall be approved by the court. [Sec. 5, electronic form. [Sec. 3, Rule 17]
Rule 16]
- All proceedings during pre-trial shall be: Decision
a. Recorded, The court shall have 60 days to decide the case
b. The transcripts prepared, and counted from the last day of the 30-day period
c. The minutes signed by the parties or to file the memoranda.
their counsels. [Sec. 6, Rule 16] Note: This rule shall apply with or without
memoranda filed. [Sec. 3, Rule 17]
b. Documentary Evidence
The court shall dispose of the case within 10
months from the date of arraignment. [Sec. 4, Photographic, video, and similar evidence
Rule 17] Photographs, videos, and similar evidence of
events, acts, transactions of wildlife, wildlife
i. Subsidiary Liabilities byproducts or derivatives, forest products or
mineral resources subject of a case shall be
The court may enforce subsidiary liability admissible when authenticated by:
against a person or corporation subsidiarily a. The person who took the same,
liable under Art 102, 103 of the RPC when: b. Some other person present when said
a. The accused is convicted, evidence was taken, or
b. Subsidiary liability is allowed by law, and c. Any other person competent to testify on
c. A motion was filed by the person entitled the accuracy thereof. [Sec. 1, Rule 21]
to recover under judgment. [Sec. 1, Rule
18] Entries in official records
Entries in official records are prima facie
5. Evidence evidence of the facts stated therein when it is
made by
a. Precautionary Principle a. A public officer in the performance of his
duty, or
b. A person in performance of a duty specially
Definition
enjoined by law. [Sec. 2, Rule 21]
The principle states that when human activities
may lead to threats of serious and irreversible
damage to the environment that is scientifically
plausible but uncertain, actions shall be taken M. ALTERNATIVE
to avoid or diminish that threat. [Sec. 3(f), Rule DISPUTE RESOLUTION
1]
R.A. 9285: “The Alternative Dispute Resolution
Applicability Act of 2004” institutionalized the use of
The court shall apply the precautionary alternative modes of dispute resolution in the
principle in resolving the case before it when Philippines.
there is a lack of full scientific certainty in
establishing a causal link between human Note: It did not repeal, amend, or modify the
activity and environmental effect. [Sec. 1, Rule jurisdiction of the Katarungang Pambarangay
20] under the LGC. [1 Riano 672, 2016 edition]
Standards for application ADR is meant to serve as an efficient tool and
In applying the principle, the following factors an alternative procedure for the resolution of
may be considered: appropriate cases. RA 9285 shall be without
a. Threats to human life or health; prejudice to the adoption by the SC of any ADR
b. Inequity to present or future generations; or system, such as mediation, conciliation,
c. Prejudice to the environment without legal arbitration, or any combination thereof as a
consideration of the environmental rights of means of achieving speedy and efficient
those affected. means of resolving cases pending before the
Note: The factors enumerated are not courts. [Sec. 2, R.A. 9285]
exclusive. [Sec. 2, Rule 20]
Note: The current rules on civil procedure
mandate Court-Annexed Mediation and
Judicial Dispute Resolution, when deemed
necessary by the court.
1. Types Of Processes And The parties may agree to refer issues arising
from a dispute or during its pendency to other
Procedures In Adr; forms of ADR such as but not limited to:
Comparison With Court- a. Evaluation of a third-person,
Annexed Mediation b. Mini-trial,
c. Mediation-arbitration, or
ADR system d. A combination thereof. [Sec. 18, R.A. 9285]
The ADR system refers to any process or
procedure used to resolve a dispute or Court-annexed mediation
It is a mediation process conducted under the
controversy, other than by adjudication of a
auspices of the court, after such court has
presiding judge of a court or an officer of a
acquired jurisdiction of the dispute.
government agency.
[Sec. 3, R.A. 9285]
It is a system in which a neutral 3rd-party Note: Court-annexed mediation is now
participates to assist in the resolution of mandatory after pre-trial under the amended
issues, which includes arbitration, mediation, rules.
conciliation, early neutral evaluation, mini-trial,
or any combination thereof. [Sec. 3(a), R.A. 2. Domestic Arbitration
9285]
Domestic arbitration means an arbitration that
ADR processes is not international as defined in the Model Law
a. Arbitration - a voluntary dispute resolution
process in which one or more arbitrators, International arbitration as defined by the
appointed in accordance with the Model Law
agreement of the parties, or rules An arbitration is international if:
promulgated pursuant to this Act, resolve a a. The parties to an arbitration agreement
dispute by rendering an award. have, at the time of the conclusion of that
b. Court-referred mediation - a mediation agreement, their places of business in
ordered by a court to be conducted in different States.; or
accordance with the agreement of the b. One of the following places is situated
parties when an action is prematurely outside the State in which the parties have
commenced in violation of such their place of business:
agreement. i. The place of arbitration if determined
c. Early neutral evaluation - An ADR in, or pursuant to, the arbitration
process wherein parties and their lawyers agreement;
are brought together early in a pre-trial ii. Any place where a substantial part of
phase to present summaries of their cases the obligations of the commercial
and receive a nonbinding assessment by relationship is to be performed or the
an experienced neutral person, with place with which the subject-matter of
expertise in the subject in the substance of the dispute is most closely connected;
the dispute. or
d. Mediation - A voluntary process in which a iii. The parties have expressly agreed that
mediator, selected by the disputing parties, the subject-matter of the arbitration
facilitates communication and negotiation, agreement is related to more than one
and assists the parties in reaching a country.
voluntary agreement regarding a dispute.
e. Mediation-Arbitration - A step dispute Governing Law
resolution process involving both mediation Domestic arbitration shall continue to be
and arbitration; also known as Med-Arb. governed by R.A. 876: “The Arbitration Law” as
[Sec. 3, R.A. 9285] amended by chapter 5 of R.A. 9285. [Sec. 32,
R.A. 9285]
The court must grant such order in accordance The recognition and enforcement of such
with the rules to be promulgated by the SC awards:
unless the award is vacated, modified, or a. Shall be filed with the RTC,
corrected. [Sec. 23, R.A. 876 and Sec. 40, R.A. b. In accordance with the rules promulgated
9285] by the SC.
- The rules shall provide that the party
Note: Notice of such motion must be served by relying on the award or applying for its
law for the service of such notice upon an enforcement shall file with the court an
attorney-in-action in the same court. [Sec. 23, original copy of the award or
R.A. 876] arbitration agreement.
- Note: if it is not in any of the official
A Construction Industry Arbitration languages, the party shall supply a
Commission arbitral award need not be duly certified translation.
confirmed by the RTC to be executory. [Sec. c. The applicant shall establish that the
40, R.A. 9285] country in which the foreign arbitration
award was made if a party to the New York
Execution Convention.
A domestic arbitral award, when confirmed, [Sec. 42, R.A. 9285]
shall be enforced in the same manner as final
and executory decisions of the RTC. [Sec. 40, When there is an application for rejection or
R.A. 9285] suspension of enforcement of the award, the
RTC may:
Rejection a. Vacate its decision, and
A party to a domestic arbitration may question b. On application of the party claiming
the arbitral award with the appropriate RTC in recognition or enforcement, order the party
accordance with the rules promulgated by the to provide appropriate security.
SC. [Sec. 41, R.A. 9285] [Sec. 42, R.A. 9285]
It may only be questioned on the following
grounds:
Aside from other submissions, the petitioner If the arbitral tribunal renders a final arbitral
must also attach an authentic copy of the award and the court has not rendered a
arbitration agreement. [Sec. 16, Rule 3] decision on the petition from the tribunal’s
preliminary ruling affirming its jurisdiction, then
Note: The arbitrators shall be impleaded as the petition shall be ipso facto moot and
nominal parties to the case and shall be notified academic and shall be dismissed by the
of the progress of the case. [Sec. 16, Rule 3] RTC.
Note: The dismissal shall be without prejudice
Comment/Opposition the right of the aggrieved party to raise the
The comment/opposition of the must be filed same issue in a petition to vacate or set aside
within 15 days from service of the petition. the award. [Sec. 21, Rule 3]
[Sec. 17, Rule 3]
e. Interim Measures of Protection
Court action
The court shall render judgment on the basis Who may ask for interim measures of
of the pleadings filed and the evidence protection
submitted by the parties, within 30 days from A party to an arbitration agreement may
the time the petition is submitted for resolution. petition the court for interim measures of
Note: The court shall not enjoin the arbitration protection. [Sec. 1, Rule 5]
proceedings and judicial recourse to the court
shall not prevent the tribunal from When to petition
continuing proceedings and rendering its A petition for an interim measure of protection
award. [Sec. 18, Rule 3] may be made:
a. Before arbitration is commenced,
Dismissal of petition b. After arbitration is commenced, but before
The court shall dismiss the petition if: the constitution of the arbitral tribunal, or
a. It fails to comply with the required contents c. After the constitution of the arbitral tribunal
for the petition, or and at any time during arbitral proceedings.
b. If upon consideration or the grounds - During this time, the interim measure
alleged and the legal briefs submitted, the of protection shall only be to the extent
petition does not appear to be prima facie that the arbitral tribunal has no power
meritorious. [Sec. 18, Rule 3] to act or is unable to act effectively.
[Sec. 2, Rule 5]
Relief against court action
The aggrieved party may file a MR of the order Where to file
of the court. A petition for an interim measure of protection
The decision of the court shall not be subject may be filed with the RTC, which has
to appeal. jurisdiction over any of the following places:
[Sec. 19, Rule 3] a. Where the principal place of business of
any of the parties to the arbitration is
The ruling of the court affirming the arbitral located;
tribunal’s jurisdiction shall not be subject to a b. Where any of the parties who are
petition for certiorari. But if the court rules that individuals resides;
the arbitral tribunal has no jurisdiction, such c. Where any of the acts sought to be
ruling may be the subject of a petition for enjoined are being performed, threatened
certiorari. [Sec. 19, Rule 3] to be performed, or not being performed; or
d. Where the real property subject of
Rendition of arbitral award before court arbitration, or a portion thereof is situated.
decision on petition from arbitral tribunal’s [Sec. 3, Rule 5]
preliminary ruling on jurisdiction
If the parties fail to file their opposition, the Relief against court action
court shall motu proprio render judgment: The order may be the subject of a MR, and/or
a. On the basis of the allegations in the appeal, or a petition for certiorari. [Sec. 10,
petition that are substantiated by Rule 5]
supporting documents, and
b. Limited to what is prayed for. [Sec. 9, Rule Interim measure of protection by arbitral
5] tribunal
The interim measure of protection issued by
Court action the arbitral tribunal shall, upon its issuance, be
General rule: The court shall defer action on deemed to have ipso jure modified, amended,
any pending petition for an interim measure of revised, or revoked one previously issued by
protection upon being informed that an arbitral the court to the extent that it is inconsistent with
tribunal has been constituted. the one issued by the tribunal. [Sec. 13, Rule
5]
Exception: The court may act upon such
petition if the petitioner establishes that: The court may not change the security ordered
a. The tribunal has no power to act on the by the arbitral tribunal. [Sec. 12, Rule 5]
interim measure of protection, or
b. The tribunal is unable to act on it The court shall assist in the enforcement of an
effectively. interim measure of protection issued by the
[Sec. 15, Rule 5] arbitral tribunal. [Sec. 16, Rule 5]
After hearing, the court shall resolve the matter The court shall not deny an application for
within 30 days: assistance in implementing or enforcing an
a. From submission of the opposition, or interim measure of protection issued by an
b. Upon lapse of the period to file the same, arbitral tribunal on the following grounds:
or a. The tribunal granted the relief ex parte;
c. From termination of the hearing set by the b. The party opposing the application found
court if there is a need for clarification or new material evidence, which the tribunal
further argument. had not considered in granting the
[Sec. 9, Rule 5] application and if considered, may produce
a different result; or
After notice and hearing, the court may either - If there is sufficient merit in the
grant or deny the petition for an interim opposition of the application based on
measure of protection. this ground, the court shall refer the
- Such order must indicate that it is issued matter back to the arbitral tribunal
without prejudice to subsequent grant, c. The measure of protection ordered by the
modification, amendment, revision, or tribunal amends, revoked, modifies, or is
revocation by an arbitral tribunal. [Sec. 9, inconsistent with an earlier measure of
Rule 5] protection issued by the court. [Sec. 11,
- The order shall be immediately executory. Rule 5]
[Sec. 10, Rule 5]
- The order may be conditioned upon the Conflict or inconsistency between the
provision of security, performance of an interim measure of protection issued by the
act or omission. [Sec. 12, Rule 5] court and the arbitral tribunal
- The order granted or denied is without Any question involving conflict or inconsistency
prejudice to subsequent grant, shall be immediately referred by the court to
modification, amendment, revision, or the arbitral tribunal which shall have the
revocation by the arbitral tribunal. [Sec. 5, authority to decide such question. [Sec. 14,
Rule 5] Rule 5]
Arbitral tribunal as a nominal party The CA shall not, during the pendency of the
The arbitral tribunal shall only be a nominal proceedings before it, prohibit or enjoin:
party in the petition for certiorari. a. The commencement of the arbitration,
• It shall not be required to submit any b. The constitution of the arbitral tribunal, or
pleadings or written submissions to the c. The continuation of the arbitration. [Sec.
court. 33, Rule 19]
• It may submit pleadings or written
submissions if it serves the interest of Court decision
justice. After the comment is filed or the time for filing
has expired, the court shall render judgment
Note: In petitions relating to the recognition and granting the relief prayed for or which the
enforcement of a foreign arbitral tribunal, the petitioner is entitled, or denying the same
tribunal shall not be included even as a nominal within 15 days. [Sec. 34, Rule 19]
party. However, the tribunal may be notified of
the proceedings and furnished with court A certified copy of the judgment shall be
processes. [Sec. 29, Rule 19] served upon the RTC in such a manner as the
CA may direct, and disobedience thereto shall
be punished as contempt. [Sec. 35, Rule 19]
SPECIAL
PROCEEDINGS
REMEDIAL LAW
c. Petition for Letters of Administration jurisdiction to the exclusion of all other Courts.
[Rule 79] There should be no impediment to the
d. Probate of a Will [Rules 75-79] application of said Rules as they apply
i. Petition for Letters Testamentary suppletorily to the Code of Muslim Personal
or Laws, there being nothing inconsistent with the
ii. Petition for Letters of provisions of the latter statute [Musa v. Moson,
G.R. No. 95574 (1991)]
Administration with the will
annexed (if no named executor)
Testate proceedings take precedence over
intestate proceedings of the same estate
1. Which Court has Jurisdiction [Sandoval v. Santiago, G.R. No. L-1723
(1949)]
Exclusive original jurisdiction over all matters of
probate, both testate and intestate, shall lie Thus, if in the course of intestate proceedings
with: pending before a court of first instance, it is
Outside MTC if gross value of the found that the decedent had left a last will and
Metro estate does not exceed testament, proceedings for the probate of the
Manila P300,000 latter should replace the intestate proceedings
even if at that stage an administrator had
If it exceeds such value, then already been appointed, the latter being
RTC required to render final account and turn over
the estate in his possession to the executor
In Metro MTC if gross value of the subsequently appointed. This, however, is
Manila estate does not exceed understood to be without prejudice that should
P400,000 the alleged will be rejected or is disapproved,
the proceeding shall continue as an intestacy
Otherwise, RTC [Uriarte v. CFI, G.R. No. L-21938 (1970)]
[Sec. 19 and 31, B.P. 129, as amended by R.A. 2. Venue in Judicial Settlement
7691; Maloles II v. Philips, G.R. Nos. 129505
and 133359 (2000); Lim v. CA, G.R. No.
of Estate
124715 (2000)]
Inhabitant of the Court of the
Exclusive jurisdiction Philippines at the province where
Sec. 1 of Rule 73 refers to courts in the time of death (citizen decedent resided
Philippines and simply means that once a or alien) at time of death
special proceeding for the settlement of the
estate of a decedent is filed in one of such Inhabitant of a Court of any
courts, that court has exclusive jurisdiction over foreign country at province where
said estate and no other special proceedings the time of death decedent had
involving the same subject matter may be filed estate
before any other court. [Republic v. Villarama, [Sec. 1, Rule 73]
Jr., G.R. No. 117733 (1997)]
Residence
The ROC likewise provides that the Court first In the application of venue statutes and rules,
taking cognizance of the settlement of the residence rather than domicile is the significant
estate of the decedent, shall exercise factor. The word “resides” means personal,
actual, or physical habitation of a person, or his b. With consent of all the parties, without
actual residence or place of abode. It does not prejudice to the rights of third persons
mean legal residence or domicile [Fule v. CA, [Trinidad v. CA, G.R. No. 75579 (1991)]
G.R. No. L-40502 (1976); Garcia-Quiazon v. c. If the question is one of collation or
Belen, G.R. No. 189121 (2013); San Luis v. advancement [Coca v. Borromeo, G.R. No.
San Luis, G.R. Nos. 133743 and 134029 L-27082 (1978)]
(2007)] d. When the estate consists of only one
property [Portugal v. Portugal-Beltran, G.R.
Even where the statute uses the word No. 155555 (2005)]
‘domicile’, it must be construed as meaning
residence [Festin 16, 2011 Ed.] The court first taking cognizance of the
settlement of estate of a decedent, shall
Note: “Jurisdiction” as used in Rule 73 means exercise jurisdiction to the exclusion of all other
venue. courts [Sec. 1, Rule 73]
be invoked and made in a case, either in an 2. Summary settlement of estate (for estates
action or in a special proceeding, which is tried of small value, when gross estate does not
or heard by, and submitted for decision to, a exceed P10,000) [Sec. 2, Rule 74]
competent court. Independently of such an
action or special proceeding, the presumption Recourse to an administration proceeding
of death cannot be invoked, nor can it be made even if the estate has no debts is sanctioned
the subject of an action or special proceeding only if the heirs have good reasons for not
[Valdez v. People, G.R. No. 180863 (2009), resorting to an action for partition. Where
citing In re: Szatraw, G.R. No. L-1780 (1948)] partition is possible, either in or out of court, the
estate should not be burdened with an
4. Powers and Duties of a administration proceeding without good and
compelling reasons [Sps. Villafria v. Plazo,
Probate Court G.R. No. 187524 (2015)]
It is the duty of courts of probate jurisdiction to
guard jealously the estates of the deceased 1. Extrajudicial Settlement by
person by intervening in the administration Agreement Between Heirs;
thereof in order to remedy or repair any injury When Allowed
that may be done thereto [Dariano v.
Fernandez Fidalgo, G.R. No. L-4918 (1909)] Requisites
a. Decedent died intestate
Ancillary powers of a probate court b. Left no debts
a. Issue warrants and processes to compel c. Heirs are all of age, or minors are
attendance of a witness and to carry into represented by their legal or judicial
effect their orders and judgments representatives, and
b. Issue warrant for apprehension and d. ALL heirs agree [Sec. 1, Rule 74]
imprisonment of a person who refuses to
perform an order or judgment Modes
c. All other powers granted to them by law a. If sole heir – Affidavit of Self-adjudication
[Sec. 3, Rule 73]. (of the whole estate)
b. If more than one heir –
1. Deed of Extrajudicial Settlement is
B.SUMMARY resorted to if there is no disagreement
SETTLEMENT OF among the heirs
2. If there is a disagreement, then they
ESTATES may resort to an action for partition
(judicial)
General rule: The estate of the decedent
Note: Both the Affidavit and the Deed are public
should be judicially administered through an
instruments.
administrator or executor.
[Sec. 1, Rule 74]
Exceptions:
The general rule is that when a person dies
Law allows heirs to resort to
intestate, or, if testate, failed to name an
1. Extrajudicial settlement of estate (decedent
executor in his will or the executor so named is
died intestate and left no debts) [Sec. 1,
incompetent, or refuses the trust, or fails to
Rule 74]
furnish the bond required by the Rules, then the
decedent’s estate shall be judicially
Such lien will not be cancelled before the lapse Upon fulfillment of the requisites, the court
of two years even if a distributee offers to post may proceed summarily without the
bond to answer for contingent claims [Rebong appointment of an executor/administrator and
v. Ibanez, G.R. No. L-1578 (1947)] without delay –
a. to grant, if proper, allowance of the will, if
Disputable presumption of no debt there be any
It shall be presumed that the decedent left no b. to determine who are persons legally
debts if no creditor files a petition for letters of entitled to participate in the estate, and
administration within two (2) years after the c. to apportion and divide the estate among
death of the decedent [Sec. 1, Rule 74] them after the payment of such debts of the
estate
3. Affidavit of Self-Adjudication
The persons legally entitled to participate in the
by Sole Heir estate,
a. in their own right, if of lawful age, or
An Affidavit of Self-Adjudication is only proper
b. if otherwise, by their guardians or trustees
when the affiant is the sole heir of the
legally appointed and qualified,
decedent. This is clear from the second
will be entitled to receive and enter into
sentence of Sec. 1, Rule 74 [Rebusquillo v.
possession of the portions of the estate so
Spouses Galvez, G.R. No. 204029 (2014)]
awarded to them respectively [Sec. 2, Rule 74]
Court to proceed summarily, without Bond filed with the Bond filed with and
appointing an executor/administrator, and to Register of Deeds amount to be
a. Grant allowance of will, if any in an amount equal determined by the
(2) Determine persons entitled to estate to the value of the court
(3) Pay debts of estate which are due personal property
of the estate
The presentation of the will for probate is So much is the concern of the law for the
mandatory and is a matter of public policy. indispensability of probating a will that Sec. 4,
Unless the will is probated, the right of a person Rule 75 penalizes with a fine not exceeding
to dispose of his property may be rendered P2,000 the failure of the custodian of a will to
nugatory [Maninang v. CA, G.R. No. L-57848 deliver the same to the court or to the executor
(1982); Dy Yieng Seangio, et al. v. Reyes, G.R. named therein, as also the failure of the
Nos. 147371-72 (2006)] executor to present the will to the proper court
for probate; and under Section of the same
Duty of custodian and executor to deliver rule, such custodian may be detained by order
the will of the court until he makes the required delivery
Within 20 days after he knows of the testator’s of the will [Vda. De Precilla v. Narciso, G.R. No.
death, the person who has custody of the will L-27200 (1972); Uy Kiao Eng, G.R. No.176831
shall deliver the will to the court having (2010)]
jurisdiction, or to the executor named in the will
[Sec. 2, Rule 75]
The very existence of the will is in itself prima decide it. Thus, parties not mentioned in the
facie proof that the supposed testatrix has petition for probate eventually became parties
willed that her estate be distributed in the as a consequence of publication [Alaban v. CA,
manner provided for in the will and it is G.R. No. 156021 (2005)]
incumbent upon the state that, if legally
tenable, such desire be given full effect The notice must be published 3 weeks
independent of the attitude of the parties successively, previous to the time set for
affected thereby. What is decisive is that the hearing, in a newspaper of general circulation
court is convinced by evidence before it, not in the province [Sec. 3, Rule 76]
necessarily from the attesting witnesses,
although they must testify, that that will was or EVIDENCE REQUIRED IN SUPPORT OF A
was not duly executed in the manner required WILL
by law [Baltazar v. Laxa, G.R. No. 174489
(2012)] Uncontested will
a. Notarial Will – Testimony of at least one
1. Contents of petition for subscribing witness that the will was
executed as required by law [Sec. 5, Rule
allowance of will
76]
1. If all subscribing witnesses reside
a. Jurisdictional facts – refer to the fact of
outside of the province but their
death of the decedent, his residence at the
deposition can be taken elsewhere, the
time of his death in the province where the
court may on motion order that it be
court is sitting, or if he is an inhabitant of a
taken and may authorize making of
foreign country, the estate he left in such
photocopy of the will to be presented to
province [Palaganas v. Palaganas, G.R.
witness [Sec. 7, Rule 76]
No. 169144 (2011)]
2. If all subscribing witnesses are dead,
b. Names, ages, and residences of the heirs,
insane or do not reside in Philippines,
legatees, and devisees of the testator or
other witnesses not subscribing may
decedent
be presented [Sec. 8, Rule 76]
c. Probable value and character of the
b. Holographic wills
property of the estate
1. At least one witness who knows the
d. Name of the person for whom letters are
handwriting and signature of the
prayed
testator who explicitly declares that the
e. If the will has not been delivered to the
will and signature are in the
court, the name of the person having
handwriting of the testator, or
custody of it
2. In the absence of such competent
[Sec. 2, Rule 76]
witness and the court deems it
necessary, expert testimony may be
Effects of defect in petition
resorted to
No defect in petition shall render void the
[Sec. 5, Rule 76]
allowance of will, or the issuance of letters
testamentary or of administration with the will
If the testator himself petitions for probate of
annexed [Sec. 2, Rule 76]
holographic will and it is not contested. The fact
that he affirms that the holographic will and the
Jurisdiction, how acquired
signature are in his own handwriting shall be
Publication of the notice of hearing brings in the
sufficient evidence of genuineness and due
whole world as a party in the case for probate
execution thereof [Sec. 12, Rule 76]
and vests the court with jurisdiction to hear and
It is not mandatory that witnesses be If the testator himself petitions for probate of
presented first before expert testimony maybe holographic will and it is contested, the
resorted to unlike in notarial wills wherein contestant has the burden of disproving
attesting witnesses must first be presented genuineness. Testator may present additional
[Azaola v. Singson, G.R. No. L-14003 (1960)] proof to rebut contestant’s evidence [Sec. 12,
Rule 76]
Contested Will
Anyone appearing to contest the will must state Lost Will
in writing his grounds for opposing its a. Notarial Wills – even if lost may be proved
allowance and serve a copy to petitioner and through the following facts
other interested parties [Sec. 10, Rule 76] 1. Execution and validity of the will
2. Its existence at the time of testator’s
a. Notarial Will death or that it has been fraudulently or
1. All subscribing witness and the notary accidentally destroyed during testator’s
if present in Philippines and not insane lifetime without his knowledge, and
must be presented 3. Provisions of the will clearly and
2. If dead, insane or absent – said fact distinctly proved by at least two
must be satisfactorily shown in court credible witnesses
3. If present in Philippines but outside the
province – deposition must be taken If lost will is proved, its provisions must be
[Sec. 11, Rule 76; Baltazar v. Laxa, G.R. distinctly stated and certified by the judge,
No. 174489 (2012)] under seal of court, and the certificate must be
filed and recorded as other wills are filed and
Can testimony of the subscribing witnesses be recorded [Sec. 6, Rule 76]
dispensed with in a contested will? YES. If any
or all of the subscribing witness: b. Holographic Wills
1. testify against the due execution of the will,
or General rule: If a holographic will has been lost
2. do not remember having attested to it, or or destroyed and no other copy is available, the
3. are otherwise of doubtful credibility will cannot be probated because the best and
only evidence is the handwriting of the testator
The court may allow the will if it is satisfied from in said will
testimony of other witnesses and all evidence
presented that the will was executed and Exception: A photostatic copy or xerox of the
attested in the manner required by law [Sec.11, holographic will may be allowed because
Rule 76] comparison can be made with the standard
writings of the testator [Rodelas v. Aranza,
a. Holographic wills G.R. No. L-58509 (1982)]
1. At least three witness who knows the
handwriting and signature of the 2. Grounds for Disallowing a
testator who explicitly declares that the
Will
will and signature are in the
handwriting of the testator
The will shall be disallowed if:
2. In the absence of such competent
a. Not executed and attested as required by
witness and the court deems it
law
necessary, expert testimony may be
resorted to [Sec. 11, Rule 76]
b. Testator was insane, or otherwise mentally Order allowing or disallowing a will may be the
incapable to make a will, at the time of its subject of an appeal [Sec. 1, Rule 109]
execution
c. Executed under duress, or the influence of Reprobate
fear, or threats Wills proved and allowed in a foreign country,
d. Procured by undue and improper pressure according to the laws of such country, may be
and influence, on the part of the allowed, filed, and recorded by the proper court
beneficiary, or of some other person for his in Philippines [Sec. 1, Rule 77]
benefit, or
e. Signature of the testator was procured by Requisites before a Will Proved Abroad
fraud or trick, and he did not intend that the Would be Allowed in Philippines
instrument should be his will at the time of a. Duly authenticated copy of will
fixing his signature thereto [Sec. 9, Rule 76 b. Duly authenticated order or decree of its
cf. Art. 839, CC] allowance in foreign country, and
c. Petition for allowance in Philippines filed by
The list is exclusive. Thus, in a petition to admit the executor or other person interested
a holographic will to probate the only issue to [Sec. 2, Rule 77]
be resolved are: (1) whether the instrument
submitted is, indeed, the decedent’s last will The court having jurisdiction shall fix a time and
and testament; (2) whether said will was place for the hearing and cause notice thereof
executed in accordance with the formalities to be given as in case of an original will
prescribed by law; (3) whether the decedent presented for allowance [Sec. 2, Rule 77]
had the necessary testamentary capacity at the
time the will was executed; and (4) whether the Evidence necessary for reprobate
execution of the will and its signing were the a. due execution of the will in accordance with
voluntary acts of the descendants [Spouses the foreign laws
Ajero v. CA, G.R. No. 106720 (1994)] b. testator has his domicile in the foreign
country and not in Philippines
3. Reprobate; Requisites before c. will has been admitted to probate in such
country
Will Proved Outside Allowed
d. fact that the foreign tribunal is a probate
in the Philippines; Effects of court, and
Probate e. laws of a foreign country on procedure and
allowance of wills
Effect of probate of will [Vda. De Perez v. Tolete, G.R. No. 76714
Decree of probate is conclusive as to its due (1994)]
execution, subject to the right of appeal [Sec.
1, Rule 75] Our laws do not prohibit the probate of wills
executed by foreigners abroad although the
If a decision admitting a will to probate same have not as yet been probated and
becomes final, there can no longer be any allowed in the countries of their execution. A
challenge to its due execution and authenticity. foreign will can be given legal effect in our
Thus, a criminal action will not lie against an jurisdiction. [Palaganas v. Palaganas, G.R. No.
alleged forger of a will which had been duly 169144 (2011)]
admitted to probate by a court of competent
jurisdiction [Mercado v. Santos, G.R. No.
45629 (1938)]
Effect of Reprobate
E. LETTERS
a. Will shall have the same effect as if
originally proved and allowed in Philippine TESTAMENTARY AND OF
court [Sec. 3, Rule 77] ADMINISTRATION
b. The grant of letters testamentary or of
administration shall extend to all estate of 1. When and to Whom Letters of
the testator in Philippines Administration are Granted
c. After payment of just debts and expenses
of administration, estate shall be disposed Who may administer the estate of a deceased
of according to the will person:
d. Residue disposed of in accordance with a. Executor
law [Sec. 4, Rule 77] b. Administrator
The court may The courts may delve into the question of the
require a further bond suitableness and fitness of an administrator,
for sufficient cause notwithstanding the fact that both are
Compensation compulsory heirs, and may in fact appoint one
provided in the will over the other even if both possess equal
controls, unless status in the order of preference [Marcelo
renounced First part of Sec. 7, Investment and Management Corp. v. Marcelo,
Rule 85 applies Jr., G.R. No. 209651 (2014)]
If no provision for
compensation, Sec. 7 Other grounds in jurisprudence
of Rule 85 applies a. In this jurisdiction, one is considered to be
unsuitable for appointment as
administrator when he has an adverse
Any competent person may serve as an
interest of some kind or hostility to those
executor or administrator.
immediately interested in the estate. [Lim v.
Diaz-Millarez, G.R. No. L-17633 (1966)]
Executor of an executor shall not, as such,
b. The administrator should be indifferent
administer the estate of first testator [Sec. 2,
between the estate and claimants of the
Rule 78]
property, except to preserve it for due
administration, and he should be removed
Married woman may serve as executor or
when his interests conflict with such right
administrator and a marriage of a single
and duty. [Medina v. CA, G.R. No. L-34760
woman shall not affect her authority so to serve
(1973)]
under a previous appointment [Sec. 3, Rule 78]
The regular administrator is charged with the
Who are incompetent to serve as executor
task of accomplishing and terminating the
or administrator
administration of the estate with the utmost
a. Minor
reasonable dispatch, with a view to an early
b. Non-resident
distribution of the net estate among the heirs
c. One who, in the opinion of the court, is unfit
and persons entitled thereto. [Medina v. CA,
to exercise the duties of the trust by reason
G.R. No. L-34760 (1973)]
of
1. Drunkenness
When are letters testamentary or of
2. Improvidence
administration granted
3. Want of understanding
Letters testamentary – an authority issued to
4. Want of integrity, or
an executor named in the will to administer the
5. Conviction of an offense involving
estate. It is issued once the will has been
moral turpitude
proved and allowed, and if the executor named
[Sec. 1, Rule 78]
is competent, accepts the trust and gives bond
[Sec. 4, Rule 78]
To be disqualified to serve as executor or
administrator under Sec. 1(e), Rule 78, it must
Letters of administration – authority issued
be shown that the conviction must be for an
by court to a competent person to administer
offense involving moral turpitude. Thus, one’s
the estate if
failure to file a return as required by the NIRC
a. No executor is named in will
cannot be a basis for disqualification, it not
b. Person dies intestate [Sec. 6, Rule 78]
being a crime involving moral turpitude
c. The will is void or is not admitted to probate
a. Notice has been given as required, and b. Administer according to these rules, and, if
b. Decedent left no will, or there is no an executor, according to the will of the
competent and willing executor. testator, all goods, chattel, rights, credits,
[Sec. 5, Rule 79] and estate of the deceased which shall
come to his possession or to the
One who is named as executor in the will or possession of any other person for him,
one who enjoys preference under the rules is and from the proceeds to pay and
not automatically entitled to the issuance of discharge all debts, legacies, charges on
letters testamentary/of administration. A the same, or dividends as decreed by court
hearing has to be held in order to ascertain her c. Render a true and just account of his
fitness to act as executor/administrator. administration within 1 year and when
[Baluyut v. Cruz Paño, G.R. No. L-42088 required by court, and
(1976)] d. Perform all orders of the court [Sec. 1, Rule
81]
Letters of administration may be granted to any
qualified applicant, though it appears that there If the testator provides in his will that the
are other competent persons having better executor shall serve without bond, or with only
right, if such persons fail to appear when his individual bond, the court may still allow him
notified and claim the issuance of letters to to file a bond conditioned only to pay debts of
themselves. [Sec. 6, Rule 79] the testator. But the court may require of the
executor a further bond in case of change in his
4. Powers and Duties of circumstances or for other sufficient cause.
[Sec. 2, Rule 81]
Executors and
Administrators; Restrictions Bonds of joint executors and
on the Powers administrators
The court may take a separate bond from each
Posting of bond executor or administrator, or a joint bond from
Before an executor or administrator enters all. [Sec. 3, Rule 81]
upon the execution of his trust, and letters
testamentary or of administration issue, he a. General Powers and Duties of
shall give a bond in such sum as the court Executors and Administrators
directs. [Sec. 1, Rule 81]
Have access to partnership books and
Purpose property at all times
The bond posted by the administrators and 1. Have access to, and may examine and
executors is intended as an indemnity to the take copies of, books and papers relating
creditors, the heirs and the estate to the partnership business
2. Examine and make invoices of the property
How liability on the bond is enforced belonging to such partnership
By motion or in a separate action [Festin 56, 3. Request the surviving partner/s to exhibit to
2011 Ed.] him all such books, papers, and property in
their hands or control [Sec. 1, Rule 84]
Conditions on the bond Failure to freely permit the exercise of these
a. Make and return to the court, within 3 rights, and to exhibit the books, papers, and
months, a true and complete inventory of property may subject any partner for contempt
all goods, chattel, rights, credits, and estate
of the deceased which shall come to his Keep buildings in tenantable repair
possession or knowledge or to the 1. Maintain the houses and other structures
possession of any other person for him and fences belonging to the estate, and
2. Deliver the same in such repair to the heirs [Sec. 1, Rule 85]
or devisees when directed so to do by the
court Prohibited from profiting by increase or
[Sec. 2, Rule 84] suffering loss by decrease in value
1. No executor/administrator shall profit by
When a property is part of an estate and the increase, or suffer loss by the decrease
subject to intestate proceedings before the or destruction, without his fault, of any part
courts, the administrator may only deliver of the estate
properties of the estate to the heirs upon order 2. He must account for the excess (when sold
of the court. Verily, once an action for the for more than appraisement)
settlement of an estate is filed with the court, 3. If sold for less, he is not responsible for
the properties included therein are under the loss, if sale justly made
control of the intestate court. And not even the 4. If settled claim for less than nominal value,
administrator may take possession of any he is entitled to charge in his account only
property that is part of the estate without prior the amount actually paid on the settlement
authority of the court. [Silverio, Jr. v. CA, G.R. [Sec. 2, Rule 85]
No. 178933 (2009)] 5. Not accountable for debts due the
deceased which remain uncollected
Right to possession and management of without his fault [Sec. 3, Rule 85]
the real and personal properties
1. So long as necessary for the payment of Accountable for income from realty used by
the debts and the expenses of him
administration [Sec. 3, Rule 84] If executor/administrator uses/occupies any
2. Administrator cannot exercise the right of part of real estate himself, he shall account for
legal redemption over a portion of the it
property owned in common sold by one of 1. as may be agreed upon between him and
the other co-owners since this is not within the parties interested, or
the powers of administrator [Caro v. CA, 2. as may be adjusted by the court with the
G.R. No. L-46001 (1982)] parties’ assent.
When the estate of a deceased is already the If the parties do not agree upon the sum to be
subject of a testate or intestate proceeding, the allowed, the same may be ascertained by the
administrator cannot enter into any transaction court, whose determination in this respect shall
involving it without any prior approval of the be final. [Sec. 4, Rule 85]
probate court. [Estate of Olave v. Reyes, G.R.
No. L-29407 (1983)] Accountable if he neglects or delays to
raise or pay money
b. Restrictions on Powers of Damages sustained are considered waste, and
Executors and Administrators may be charged and allowed against him in his
account, and s/he is liable on his/her bond if
Executor or administrator chargeable with s/he
all estate and income 1. Neglects
Chargeable in his account with the whole of the a. or unreasonably delays to raise money,
estate which has come into his possession, at by collecting debts or selling real or
the value of the appraisement contained in the personal estate of the deceased, or
inventory, with: b. to pay over money in his hands, and
1. Interest 2. The value of the estate is thereby lessened
2. Profit or unnecessary cost or interest accrues, or
3. Income of such estate and the persons interested suffer loss
4. Proceeds of as much of the estate as is [Sec. 5, Rule 85]
sold by him, at the price at which it was sold
Only necessary expenses shall be allowed Allowance to surviving spouse and children
1. Amount paid by executor/administrator for The widow and minor or incapacitated children,
costs awarded against him shall be allowed during the settlement of the estate, shall
in his administration account, unless it receive, under the direction of the court, such
appears that the action or proceeding in allowance as are provided by law. [Sec. 3, Rule
which the costs are taxed was prosecuted 83]
or resisted without just cause, and not in
good faith. [Sec. 6, Rule 85] It is the court hearing the settlement of the
2. When the executor is an attorney, he shall estate, not the guardianship court, that should
not charge against estate any professional execute the order for the payment of the
fees for legal services rendered. [Sec. 7, widow’s allowance considering that the
Rule 85] properties of the estate are within its
jurisdiction, to the exclusion of all the other
Necessary expenses of administration courts. [Heirs of Sy Bang v. Sy, G.R. Nos.
Such expenses as are entailed for the 114217 and 150797 (2009)]
preservation and productivity of the estate and
for its management for the purpose of Allowances for support under Section 3, rule 83
liquidation, payment of debts, and distribution should not be limited to the “minor or
of the residue among persons entitled thereto incapacitated” children of the deceased. Article
[Hermanos v. Abada, G.R. No. 13910 (1919)] 188 of the Civil Code provides that during the
liquidation of the conjugal partnership, the
Not considered as necessary expenses deceased’s legitimate spouse and children,
1. Expenses incurred by heir as occupant of regardless of their age, civil status or gainful
family home without paying rent (ex. salary employment, are entitled to provisional support
of house helper, light, water bills, gas, etc. from the funds of the estate. The law clearly
[De Guzman v. De Guzman-Carillo, G.R. limits the allowance to “widow and children”
No. L-29276 (1978)] and does not extend to grandchildren,
2. Expenses incurred by an executor or regardless of their minority or incapacity
administrator to produce a bond [Sison v. [Estate of Ruiz v. CA, G.R. No. 118671 (1996)]
Teodoro, G.R. No. L-9271 (1957)]
3. The administration bond should not be Executor or administrator to make
considered as part of the necessary inventory and render account
expenses, not being included among the
acts constituting the care, management, Inventory
and settlement of the estate [Ocampo v. Rendered within 3 months of appointment and
Ocampo, G.R. No. 187879 (2010)] includes an appraisal of all real and personal
estate of the deceased which has come into
Attorney’s fees his possession or knowledge [Sec. 1, Rule 83]
When an attorney assists the administrator or
executor personally in the execution of his The usage of the word “all” in Sec. 1, Rule 83
trust, the liability for the payment of attorney’s demands the inclusion of all the real and
fees rests on the executor or administrator. personal properties of the decedent in the
However, if the fees paid are beneficial to the inventory. However, the word “all” is qualified
estate and reasonable, he is entitled to by the phrase “which has come into his
reimbursement from the estate. [Uy Tioco v. possession or knowledge,” which signifies that
Imperial, G.R. No. L-29414 (1928); Quasha the properties must be known to the
Ancheta Peña and Nolasco Law Office v. LCN administrator to belong to the decedent or are
Construction Corp., G.R. No. 174873 (2008)] in her possession as the administrator. Sec. 1
allows no exception, for the phrase “true
inventory” implies that no properties appearing
to belong to the decedent can be excluded from
The preference laid down under Sec. 6, Rule administrator is certiorari under Rule 65 [Tan v.
78 refers to the appointment of a regular Gedorio, G.R. No. 166520 (2008)]
administrator, not to that of a special
administrator. [Pijuan v. De Gurrea, G.R. No. Regular Special
L-21917 (1966)] administrator administrator
Appointed by the
Conditions on the bond court in the following Appointed by the
More specifically, the bond is conditioned on court when
instances
the faithful execution of the administration of
a. Testator fails to a. there is delay in
the decedent’s estate requiring the special
name an granting letters
administrator to
executor in the testamentary or
a. Make and return true inventory in his
will administration
possession or knowledge
b. The by any cause
b. Render accounting when required by court
appointment b. the executor is a
c. Deliver estate of the deceased to the
was refused claimant of the
regular executor or administrator, or other
c. The will was estate, but only
authorized person
disallowed to portion where
[Sec. 4, Rule 81; Ocampo v. Ocampo, G.R. No.
d. No will (intestate there is a claim
187879 (2010)]
succession)
Cannot pay debts of
Powers and duties Should pay the
a. Take possession and charge of goods, the estate unless
debts of the estate
chattels, rights, credits, and estate of ordered by the court
deceased, and Interlocutory and is
Order of
b. Preserve the same for not appealable.
Appointment is final
executor/administrator afterwards Remedy is Rule 65
and appealable
appointed, and for that purpose may petition
commence and maintain suits as
administrator
6. Grounds for Removal of
c. May sell only such perishable and other
property as the court orders sold Administrator
d. Not liable to pay any debts of the deceased
unless so ordered by the court Removal of executor or administrator
[Sec. 2, Rule 80] Grounds
a. Neglects to
When powers cease 1. render his account and settle the estate
When letters testamentary/administration are according to law, or
granted on the estate of the deceased 2. perform an order or judgment of the
a. Special administrator shall deliver to court, or a duty expressly provided by
executor/administrator goods, chattels, these rules
money, and estate of the deceased in his b. Absconds
hands. c. Becomes insane, or
b. The executor/administrator may prosecute d. Becomes incapable or unsuitable to
final judgment suits commenced by such discharge the trust
special administrator. [Sec. 2, Rule 82]
[Sec. 3, Rule 80]
List enumerated is not exclusive. Court is
The appointment of a special administrator lies vested with ample discretion in removal of
entirely in the discretion of the court, and is not administrator for as long as there is evidence
appealable. Not being appealable, the only of any act or omission on the part of the
remedy against the appointment of a special administrator not conformable to or in
disregard of rules or orders of the court which For complaints against the general
it deems as sufficient or substantial to warrant competence of the administrator, the proper
removal of administrator. [Festin 62, 2011 Ed.] remedy is to seek the removal of the
administrator in accordance with Sec. 2, Rule
Examples of valid removal of an 82. While the provision is silent as to who may
administrator by probate court seek with the court the removal of the
a. Administrator who disbursed funds of administrator, a creditor, even a contingent
estate without judicial approval [Cotia v. one, would have the personality to seek such
Jimenez, G.R. No. L-12132 (1958)] relief. [Hilado v. CA, G.R. No. 164108 (2009)]
b. False representation by administrator in
securing his appointment [Cobarrubias v. Validity of acts
Dizon, G.R. No. L-225 (1946)] Lawful acts of the executor/administrator
c. Administrator who holds interest adverse to before removal/resignation are valid. [Sec. 3,
that of the estate or his conduct shows Rule 82]
unfitness to discharge the trust [Garcia v.
Vasquez, G.R. No. L-26615 (1970)] The acts of the executor or administrator, done
d. Administrator who has physical and mental in good faith prior to the revocation of the
inability and consequent unsuitability to letters, will be protected and a similar
manage the estate [De Borja v. Tan, G.R. protection will be extended to rights acquired
No. L-6476 (1955)] under a previous grant of administration. [Vda.
De Bacaling v. Laguna, G.R. No. L-26694
Temporary absence in the state does not (1973)]
disqualify one to be an administrator of the
estate. [Gonzales v. Aguinaldo, G.R. No. Powers of new executor or administrator
74769(1990)] a. Collect and settle the estate not
administered
Removal of Special Administrators b. Prosecute and defend actions commenced
The probate court may appoint or remove by or against the former
special administrators based on grounds other executor/administrator, and
than those enumerated in the Rules at its c. Have execution on judgments recovered in
discretion, such that the need to first pass upon the name of the former
and resolve the issues of fitness or unfitness executor/administrator
and the application of the order of preference d. Authority to sell granted by court to former
under Section 6 of Rule 78, as would be proper executor or administrator may be renewed
in the case of a regular administrator, do not without further notice or hearing
obtain. As long as the discretion is exercised [Sec. 4, Rule 82]
without grave abuse, and is based on reason,
equity, justice, and legal principles,
interference by higher courts is unwarranted. F. CLAIMS AGAINST
[Ocampo v. Ocampo, G.R. No. 187879 (2010)]
THE ESTATE
Effect of removal, death, or resignation
a. The remaining executor/administrator may Estate burdened with lien of creditors
administer the trust alone, unless the court Upon the death of the person, all his property
grants letters to someone to act with him is burdened with all his debts, his debts
b. If there is no remaining creating an equitable lien thereon for the
executor/administrator, administration may benefit of the creditors. And such lien continues
be to any suitable person until the debts are extinguished either by the
[Sec. 2, Rule 82] payment, prescription, or satisfaction in one of
the modes recognized by law. [Suiliong & Co.
v. Chio-Taysan, G.R. No. L-4777 (1908)]
Purpose of presentation of claims against Printed copy of the published notice shall be
estate filed in court within 10 days after its publication
1. To protect the estate of the deceased accompanied with affidavit setting forth the
2. Executor/administrator will be able to dates of first and last publication and name of
examine each claim, determine whether it newspaper where it was printed [Sec. 4, Rule
is a proper one which should be allowed 86]
3. To appraise the administrator and the
probate court of the existence of the claim Significance of Notice
so that a proper and timely arrangement Publication of notice is constructive notice to
may be made for its payment in full or by creditors and, thus, a creditor would not be
pro-rata portion in the due course of the permitted to file a claim beyond the period fixed
administration in the notice on the bare ground that he had no
[Estate of Olave v. Reyes, G.R. No. L-29407 knowledge of the administration proceedings.
(1983)] [Villanueva v. PNB, G.R. No. L-18403 (1963)]
realty under a contract that the deceased authorize the executor or administrator to
entered into while still alive. The proper party convey such property according to such
is one who is to be benefited or injured by contract, or with such modifications as are
the judgment, or one who is to be entitled to agreed upon by the parties and approved by
the avails of the suit [Heirs of Sandejas v. the court. [Liu v. Loy, G.R. No. 145982 (2003)]
Lina, G.R. No. 141634 (2001)]
Court approval is required in any disposition if
The disposal of estate property requires judicial the decedent’s estate per Rule 89. Reference
approval before it could be executed. Implicit in to judicial approval, however, cannot adversely
the requirement for judicial approval was that affect the substantive rights of heirs to dispose
the probate court could rescind or nullify the of their own pro indiviso shares in the co-
disposition of a property under administration heirship or co-ownership. In other words, they
that was effected without its authority [Spouses can sell their rights, interests or participation in
Lebin v. Mirasol, G.R. No. 164255 (2011)] the property under administration. [Heirs of
Spouses Sandejas v. Lina, G.R. No. 141634
Sale beneficial to interested persons (2001)]
Upon application of the executor or
administrator and on written notice to the heirs, OPPOSITOR MAY PREVENT SALE BY
devisees, and legatees, the court may GIVING BOND
authorize the sale of the whole or a part of the The authority to sell, mortgage, or otherwise
real or personal estate when beneficial to the encumber real or personal estate shall not be
heirs, although not necessary to pay debts, granted if any person interested in the estate
legacies, or expenses of administration. gives a bond, in a sum fixed by the court. [Sec.
3, Rule 89]
Proceeds derived from the sale shall be
assigned to the persons entitled to estate in the Conditions of bond
proper proportions To pay debts, expenses of administration, and
legacies within such time as court directs [Id.]
BUT the authority will not be granted if
inconsistent with the provisions of a will. [Sec. Who may claim on the bond
4, Rule 89] Such bond shall be for security of creditors, as
well as of executor/administrator, and may be
Sale, mortgage, or other encumbrance of prosecuted for the benefit of either [Id.]
realty acquired on execution or foreclosure
The court may authorize an executor or REGULATION FOR GRANTING AUTHORITY
administrator to sale, mortgage, or otherwise TO SELL, MORTGAGE, OR OTHERWISE
encumber real estate acquired by him on ENCUMBER ESTATE
execution or foreclosure sale, under the same a. The executor/administrator shall file a
circumstances and under the same regulations written petition setting forth
as prescribed in this rule. [Sec. 6, Rule 89] 1. Debts due from deceased, expenses
for administration, legacies
Deed of sale, mortgage or encumbrance 2. Value of personal estate
The deed executed by the executor or 3. Situation of estate to be sold,
administrator shall be valid as if executed by mortgaged, encumbered, and
the deceased in his lifetime. 4. Such other facts showing that sale etc.,
[Sec. 7-8, Rule 89] is necessary or beneficial
b. The court will fix the time and place for
For sales contracted by the decedent during hearing such petition and cause notice to
his lifetime, Sec. 8, Rule 89 applies. In such be given personally or by mail to persons
cases, the court having jurisdiction of the interested, and by publication if deemed
estate may, on application for that purpose, proper
c. The court may require the by the court - Creditor shall receive
executor/administrator to give additional payment to the same extent as the other
bond conditioned on an accounting for creditors if estate retained by
proceeds of sale, etc. executor/administrator is sufficient.
d. The court may authorize sale to be public 2. Claim not presented after becoming
or private absolute within 2 year period and
e. If estate is to be sold at auction, mode of allowed by the court – Assets retained
giving notice shall be governed by after claims have been paid shall be
provisions concerning notice of execution distributed to persons entitled by court
sale order; but assets already distributed may
f. Certified copy of the order of the court, plus still be applied to the payment of the
deed of executor/administrator for real established claim, and the creditor may
estate sold, mortgaged, or encumbered maintain an action against the distributees
shall be registered in registry of deeds to recover the debt, and such distributees
where property is located and their estates shall be liable for the debt
[Sec. 7, Rule 89] in proportion to the estate they have
respectively received from property of
Under Sec. 7, Rule 89, only the executor or deceased. [Sec. 5, Rule 88]
administrator of the estate may be authorized
by the intestate court to mortgage real estate Liability of heirs and distributees
belonging to the estate. Thus, the order of the Heirs are not required to respond with their own
estate court authorizing the heirs to mortgage property for the debts of their deceased
the realty of the estate is a nullity. [Orola, et al. ancestors. But after partition of an estate, the
v. The Rural Bank of Pontevedra, G.R. No. heirs and distributees are liable individually for
158566 (2005)] the payment of all lawful outstanding claims
against the estate in proportion to the amount
Settled is the rule that when an order or value of the property they have respectively
authorizing the sale or encumbrance of real received from the estate. [Gov’t of P.I. v.
property was issued by the testate or intestate Pamintuan, G.R. No. L-33139 (1930)]
court without previous notice to the heirs,
devisees, and legatees as required by the INSOLVENT DECEDENT
Rules, it is not only the contract itself which is
null and void but also the order of the court Order of payment if estate is insolvent
authorizing the same. [Pahamotang v. PNB, Executor/administrator shall pay the debts
G.R. No. 156403 (2005)] against the estate, observing Articles 1059 and
2239 to 2251 of the Civil Code (Preference of
CONTINGENT CLAIMS credits). [Sec. 7, Rule 88]
Estate to be retained to meet contingent
claims Dividends to be paid in proportion to claims
If court is satisfied that a contingent claim is If assets are not sufficient to pay credits of any
valid, it may order the executor/administrator to one class of creditors after paying preferred
1. Retain in his hands sufficient estate for the credits, each creditor within such class shall be
purpose of paying such contingent claim paid a dividend in proportion to his claim. No
when it becomes absolute creditor of any one class shall receive any
2. If estate insolvent - retain a portion equal payment until those of the preceding class are
to the dividend of the other creditors [Sec. paid. [Sec. 8, Rule 88]
4, Rule 88]
Insolvent non-resident
Payment of contingent claim His estate found in Philippines shall be so
1. If claim becomes absolute within 2 disposed of in a manner that will ensure that his
years limited for creditors and allowed creditors here and elsewhere may receive
each an equal share, in proportion to their When a disputed claim is finally settled, the
respective credits. [Sec. 9, Rule 88] court shall order the claim to be paid out of
assets retained to the same extent and in the
Insolvent resident with foreign creditors same proportion with the claims of other
and foreign claims proven in another creditors.
country [Sec. 12, Rule 88]
If executor/administrator in Philippines had
1. knowledge of presentation of such claims Instances when court may make further
in such country, and orders for distribution of assets
2. opportunity to contest such allowance 1. If whole of debts not paid on first
distribution, and
The court shall 2. If:
1. Receive a certified list of such claims, when a. Whole assets not distributed, or
perfected in such country b. Other assets afterwards come to hands
2. Add the same to the list of claims proved of executor/administrator
against the deceased person in the [Sec. 13, Rule 88]
Philippines so that a just distribution of the
whole estate may be made equally among Creditors to be paid in accordance with
all its creditors according to their respective terms of order
claims. When an order is made for distribution of
[Sec. 10, Rule 88] assets among creditors, executor/
administrator shall, as soon as the time of
Principle of reciprocity payment arrives, pay creditors the amounts of
The benefit of this and preceding sections shall their claims, or the dividend thereon, in
not be extended to creditors in another country accordance with the terms of such order [Sec.
if property of the deceased there found is not 14, Rule 88]
equally apportioned to creditors residing in
Philippines and other creditors, according to Time for paying debts and legacies
their respective claims [Sec. 10, Rule 88] General rule: Not exceeding 1 year in the first
instance
ORDER FOR PAYMENT OF DEBTS
Before expiration of time limited for payment of Exception: Court may extend the period, on
the debts, court shall order application of the executor/administrator after
1. payment, and hearing on notice to all interested persons, on
2. distribution of assets received by the the following conditions
executor/administrator for that purpose 1. Extension must not exceed 6 months for a
among the creditors, as the circumstances single extension, and
of the estate require and in accordance 2. The whole period allowed shall not exceed
with the provisions of this rule. 2 years
[Sec. 11, Rule 88] [Sec. 15, Rule 88]
If appeal taken from a decision of the court Extension of time for paying debts and
concerning a claim legacies
The court may When executor/administrator dies, and a new
1. Suspend order for payment, or administrator of same estate is appointed,
2. Order distribution among creditors whose court may extend time
claims are definitely allowed, leaving in the 1. Not exceeding 6 months at a time, and
hands of executor/administrator sufficient 2. Not exceeding 6 months beyond the time
assets to pay the claim disputed and which court might have allowed to original
appealed executor/administrator,
and notice shall be given of time and place for against the executor/administrator. [Sec. 1,
hearing such application, as required in the last Rule 87]
preceding section.
[Sec. 16, Rule 88] When an accused, a doctor, died pending
appeal of his conviction in a case arising from
Writ of execution the death of his patient, his criminal liability is
General rule: The probate court does not have extinguished. However, the recovery of the civil
the power to issue writs of execution. A writ of liability subsists as the same is not based on
execution is not the proper procedure for the delict but by contract and the reckless
payment of debts and expenses of imprudence he was guilty of. If the same act or
administration. The proper procedure is for the omission complained of arises from quasi-
court to order the sale of personal estate or the delict, as in this case, a separate civil action
sale of mortgaged of real property of the must be filed against the executor or
deceased and all debts or expenses of administrator of the estate of the accused
administration should be paid out of the pursuant to Sec. 1, Rule 87. [Cabugao v.
proceeds of the sale or mortgage [Aldamiz v. People, G.R. Nos. 163879 and 165805 (2014)]
Judge of CFI-Mindoro, G.R. No. L-2360 (1949)]
Executor or administrator may bring or
Exceptions: defend actions which survive death
1. To satisfy the distributive shares of For recovery or protection of property or rights
devisees, legatees, and heirs in of deceased [Sec. 2, Rule 87]
possession of the decedent’s assets, or
2. To enforce payment of expenses of the Covers injury to property i.e. not only limited to
partition, or injuries to specific property, but extends to
3. To satisfy the costs when a person is cited other wrongs by which personal estate is
for examination in probate proceedings injured or diminished. [Aguas v. Llenos, G.R.
[Festin 86, 2011 Ed.] No. L-18107 (1962)]
4. The creditor has filed a bond executed to [Agtarap v. Agtarap, G.R. Nos. 177099 and
the executor or administrator in an amount 177192 (2011)]
approved by the judge, conditioned to
indemnify the executor or administrator 1. Liquidation
against the costs and expenses incurred by
reason of such action General rule: Before an order of distribution or
assignment, it must be shown that the debts,
a. If executor/administrator failed to funeral expenses, and expenses of
commence such action administration, allowance to widow, and
1. Action must be inheritance tax chargeable to the estate have
i. With court permission been paid.
ii. In the name of
executor/administrator Exception: If the distributees give a bond
2. Creditor must file bond, conditioned to conditioned for the payment of said obligations.
indemnify the executor/administrator [Sec. 1, Rule 90; Estate of Ruiz v. CA, G.R. No.
against the cost and expenses incurred 118671 (1996)]
by such action
b. If conveyance or attempt is made in favor The part distributed must not be subject to any
of executor/administrator controversy or appeal. [Sec. 2, Rule 109]
1. No need for court permission
2. No need for bond
3. Action in the name of all creditors 2. Project of Partition
Such creditor shall have a lien upon any
judgment recovered by him in the action for A project of partition is merely a proposal for
such costs and other expenses incurred the distribution of the hereditary estate which
therein as the court deems equitable. the court may accept or reject. [Reyes v.
[Sec. 10, Rule 87] Barretto-Datu, G.R. No. L-17818 (1967); Vda.
De Kilayko v. Tengco, G.R. Nos. L-45425 and
L-45965 (1992)]
H. DISTRIBUTION AND
The executor/administrator has no duty to
PARTITION prepare and present the same under the Rules.
The court may, however, require him to present
Before there could be a distribution of the such project to better inform itself of the
estate, the following stages must be condition of the estate. [3 Moran 541, 1980 Ed.]
followed
1. Liquidation of estate i.e. payment of When order for distribution of residue made
obligations of deceased Court makes that distribution of the estate and
2. Declaration of heirs - to determine to determines the persons entitled thereto
whom the residue of the estate should be a. On application of executor/administrator or
distributed of person interested in estate
a. Determination of the right of a natural b. Hearing upon notice
child
b. Determination of proportionate shares Court shall assign the residue of the estate to
of distributees the persons entitled to the same, naming them
Afterwards, the residue may be distributed and and the proportions, or parts, to which each is
delivered to the heirs [3-A Herrera 173, 1996 entitled.
Ed.]
Such persons may demand and recover their
Payment of the inheritance tax, per se, does respective shares from the
not settle the estate of a deceased person.
Except in cases where the biological parent is Adoption, being in the best interest of the
the spouse of the adopter, all legal ties child, shall not be subject to rescission by
between the biological parent(s) and the the adopter(s). However, the adopter(s) may
adoptee shall be severed and the same shall disinherit the adoptee for causes provided in
then be vested on the adopter(s) Art. 919 of the Civil Code
[Sec. 16] [Sec. 19]
Vested rights acquired prior to rescission shall [Sec. 30; Sec. 9, R.A. 8043]
be respected. ↓
Annexes to the petition written and
The foregoing effects of rescission is without translated in the English language:
prejudice to the penalties imposable under the a. Birth certificate of petitioner;
RPC if the criminal acts are properly proven. b. Marriage contract, if married, and, if
[Sec. 20] applicable, the divorce decree, or
judgment dissolving the marriage;
3. Inter-country Adoption c. Sworn statement of consent of
petitioner’s biological or adopted
Procedure children above 10 years old;
[A.M. 02-6-02-SC] d. Physical, medical and psychological
An alien or a Filipino citizen permanently evaluation of the petitioner certified by
residing abroad shall allege in the petition: a duly licensed physician and
a. That he is at least 27 years old and at psychologist;
least 16 years older than the child to be e. ITRs or any authentic document
adopted, at the time of application, showing the current financial capability
unless the adopter is the parent by of the petitioner;
nature of the child or the spouse of f. Police clearance of petitioner issued
such parent; within 6 months before the filing of the
b. If married, the name of the spouse who petition;
must be joined as co-petitioner except g. Character reference from the local
when the adoptee is the legitimate child church/minister, the petitioner’s
of his spouse; employer and a member of the
c. That he has the capacity to act and immediate community who have known
assume all rights and responsibilities of the petitioner for at least 5 years;
parental authority under his national h. Full body postcard-size pictures of
laws, and has undergone appropriate petitioner and his immediate family
counseling from an accredited taken at least 6 months before filing the
counselor in his country; petition
d. That he has not been convicted of a [Sec. 31; Sec. 10, R.A. 8043]
crime involving moral turpitude; ↓
e. That he is eligible to adopt under his The court, after finding that the petition is
national law; sufficient in form and substance and a
f. That he is in a position to provide proper case for inter-country adoption, shall
proper care and support; immediately transmit the petition to the Inter-
g. That he agrees to uphold the basic Country Adoption Board for appropriate
rights of the child under Philippine laws, action
and UNCRC, and to abide by the rules [Sec. 32]
and regulations under R.A. 8043;
h. That he comes from a country with The Inter-Country Adoption Board shall
whom the Philippines has diplomatic issue a clearance that the child cannot be
relations and whose government adopted locally, and when the Board is
maintains a similarly authorized and ready to transmit the child to the authorized
accredited agency and that adopted is and accredited inter-country adoption
allowed under his national laws; and agency, the adoptive parent(s) shall
i. That he possesses all the qualifications personally fetch the child in the Philippines.
and none of the disqualifications
provided in R.A. 8043 and in other A supervised trial custody shall be done for
applicable Philippine laws a period of 6 months from the time of
placement of the child to the adoptive
c. ‘Best Interest of the Child’ Restrictive custody is, at best, nominal restraint
Standard which is beyond the ambit of habeas corpus. It
is neither actual nor effective restraint that
Inter-country adoption is allowed only when the would call for the grant of the remedy prayed
same shall prove beneficial to the child’s for. It is a permissible precautionary measure
interest and shall serve and protect his/her to assure the PNP authorities that the police
fundamental rights. [De Leon 340, 2015] officers concerned are always accounted for
[Ampatuan v Judge Macaraig, G.R. No.
182497 (2010)]
If imprisonment or restraint is without any legal for what cause, and by what authority such
authority, such fact shall appear [Sec. 3, Rule transfer was made
102]
When the return considered evidence, and
Who may apply when only a plea
a. The party for whose relief it is intended, or Custody under
b. By some person on his behalf [Sec. 3, Rule warrant of Restraint is by
102] commitment in private authority
pursuance of law
Some person – any person who has a legally
The return shall be
justified interest in the freedom of the person
considered only as a
whose liberty is restrained or who shows some The return shall be
plea of the facts
authorization to make the application [Velasco considered prima
v. CA, G.R. No. 118644 (1995)] therein set forth,
facie evidence of
and the party
the cause of
claiming the custody
2. Contents of the Return restraint
must prove such
Form facts
a. Written and signed by the person who [Sec. 13, Rule 102]
makes it
b. Sworn by the person who makes it if 3. Peremptory Writ and
1. The prisoner is not produced, and Preliminary Citation
2. In all other cases, unless the return is
made and signed by a sworn public Distinction between the writ and the
officer in his official capacity [Sec. 11, privilege of the writ
Rule 102]
The writ of habeas corpus is a process that is
tantamount to a summons to appear before the
By whom made: The person or officer who has court issuing it for an inquiry into the cause of
the person under restraint, or in whose custody the restraint complained of. Its issuance does
the prisoner is found [Sec. 10, Rule 102] not amount to an adjudication of the issue of
legality of the restraint. It is just an order to
Contents appear and explain.
a. Whether he has or has not the party in his
custody or power, or under restraint The privilege of the writ, on the other hand, is
b. If he has the party in his custody or power, the writ issued to enforce the court’s decision
or under restraint, the authority and the true on the merits finding the restraint illegal and
and whole cause thereof, set forth at large, directing the release from custody of the
with a copy of the writ, order execution, or detained individual.
other process, if any, upon which the party
is held Preliminary citation Peremptory writ
c. If the party is in his custody or power or is
A written document
restrained by him, and is not produced,
which unconditionally
particularly the nature and gravity of the
Requires the commands the
sickness or infirmity of such party by
respondent to appear respondent to have
reason of which he cannot, without danger,
and show cause why the body of the
be bought before the court or judge
the peremptory writ detained person
d. If he has had the party in his custody or
power, or under restraint, and has should not be granted before the court at a
transferred such custody or restraint to time and place
another, particularly to whom, at what time, therein specified
[Lee Yick Hon v. Collector of Customs, G.R. warrant of arrest [In the matter of the
No. L-16779 (1921)] petition for habeas corpus of Datukan
Malang Salibo v. Warden, G.R. No. 197597
The order to present an individual before the (2015)]
court is a preliminary step in the hearing of the f. When detention was by virtue of a final
petition. This order is NOT a ruling on the judgment, the writ of habeas corpus may
propriety of the remedy or on the substantive not issue [Adonis v. Tesoro, G.R. No.
matters covered by the remedy. Thus, the 182855 (2013)]
order to produce the body is not equivalent to
a grant of the writ of habeas corpus. [In the When WHC is proper
Matter of the Petition for Habeas corpus of a. Remedy for reviewing proceedings for
Alejano v. Cabuay, G.R. No. 160792 (2005)] deportation of aliens [De Bisschop v.
Galang, G.R. No. L-18365 (1963)]
Quantum of proof for the issuance or non- b. Where the court has no jurisdiction to
issuance of the privilege impose the sentence [Banayo v. President
When respondents' defense to a petition for of San Pablo, G.R. No. 1430 (1903)]
habeas corpus is that they released the c. Where a person is deprived of liberty due
detainees for whom the petition was filed, but to mistaken identity. In such cases, the
the allegation of release is disputed by person is not under any lawful process and
petitioners, and it is not denied that the is continuously being illegally detained. [In
detainees have not been seen or heard from re Datukan Malang Salibo, (2015)].
since their supposed release, the
respondents have the burden in law of 5. When Writ Disallowed or
proving by clear and convincing evidence
that they released the detainees. [Dizon v. Discharged
Eduardo, G.R. No. L-59118 (1988)]
a. When restraint is by lawful order or process
[Mangila v. Judge Pangilinan, G.R. No.
4. When Not Proper or 160739 (2013); Adonis v. Tesoro, G.R. No.
Applicable 182855 (2013); Ampatuan v. Judge
Macaraig, G.R. No. 182497 (2010)]
When WHC is NOT proper b. The person alleged to be restrained of his
a. For asserting or vindicating the denial of liberty is in the custody of an officer
right to bail [Enrile v. Salazar, G.R. No. 1. Under process issued by the court or
92163 (1990)] judge or by virtue of a judgment or
b. Where the petitioner has the remedy of order of a court of record, and
appeal or certiorari [Galvez v. CA, G.R. No. 2. Said court had jurisdiction to issue the
114046 (1994)] process, render the judgment or make
c. For correcting errors in the appreciation of the order, or
facts or law [Sotto v. Director of Prisons, c. Jurisdiction appears after the writ is
G.R. No. L-18871 (1962) allowed despite any informality or defect in
Exception: If error affects court’s the process, judgment, or order [Sec. 4,
jurisdiction making the judgment void Rule 102]
[Herrera] d. If it appears that the prisoner was lawfully
d. For enforcing marital rights including committed, and is plainly and specifically
venture and living in conjugal dwelling charged in the warrant of commitment with
[Ilusorio v. Bildner, G.R. No. 139789 an offense punishable by death [Sec. 14,
(2001)] Rule 102]
e. When restrained under a lawful process or e. Where the person in whose behalf the writ
order of the court, petitioner’s remedy is to is sought is out on bail [Mangila v.
file a motion to quash the information or the Pangilinan, G.R. No. 160739 (2013)]
The grant of the writ depends on the Considering that the writ is made enforceable
concurrence of the following requisites: (1) that within a judicial region, petitions for the
the petitioner has the right of custody over the issuance of the writ of habeas corpus, whether
minor; (2) that the rightful custody over the they be filed under Rule 102 or pursuant to
minor is being withheld from the petitioner by Section 20 of A.M. No. 03-04-04-SC, may
the respondents; and (3) that it is to the best therefore be filed with any of the proper RTCs
interest of the minor concerned to be in the within the judicial region where enforcement
custody of petitioner and not that of the thereof is sought [Tujan-Militante v. Cada-
respondents Deapera, G.R. No. 210636 (2014)]
[Masbata v. Relucio, G.R. No. 235498 (2018)
Procedure
Who may file A verified petition is filed alleging:
Any person claiming rightful custody of a minor a. The personal circumstances of the
[Sec. 2] petitioner and of the respondent;
b. The name, age and present
Where filed; where enforceable whereabouts of the minor and his or her
A verified petition shall be filed with the Family relationship to the petitioner and the
Court of the province or city where the respondent;
petitioner resides or where the minor may be c. The material operative facts constituting
found, or with the CA or the SC. deprivation of custody; and
d. Such other matters which are relevant to
If filed with the Family Court where the the custody of the minor
petitioner resides, or where the minor may be
found, the writ is enforceable within the judicial The verified petition shall be accompanied
region where the Family Court belongs. by a certificate against forum shopping,
which the petitioner must sign personally
If filed with the CA or the SC, or with any of its [Sec. 4]
members, the writ shall be enforceable ↓
anywhere in the Philippines. Upon issuance of If sufficient in form and substance, court
the writ by the SC or CA, it may be made shall direct the clerk of court to issue
returnable to a Family Court or to any regular summons, which shall be issued together
court within the region where the petitioner with a copy of the petition personally on
resides or where the minor may be found. respondent [Sec. 5]
↓
If the presiding judge of the Family Court is Within 5 days the respondent shall file a
absent, then the petition may be filed with a verified answer [Sec. 7]
regular court, provided that the regular court
shall refer the case to the Family Court as soon Note: A motion to dismiss is not allowed
as the presiding judge returns to duty. except on the ground of lack of jurisdiction
over the subject matter or over the parties.
If there are no Family Courts in the area, then Any other ground that might warrant the
the petition may be filed with the regular courts dismissal of the petition may be raised as an
affirmative defense in the answer [Sec. 6]
The writ is returnable to the Family Court, or to ↓
any regular court within the judicial region Upon filing of answer or expiration of period
where the petitioner resides or where the minor to file it, court may order a social worker to
may be found, for hearing and decision on the make a case study of the minor and the
merits. parties and to submit a report and
recommendation at least 3 days before the
Upon return of the writ, the court shall decide scheduled pre-trial [Sec. 8]
the issue on custody of minors. [Sec. 20]
Except in cases where the biological parent is Adoption, being in the best interest of the
the spouse of the adopter, all legal ties child, shall not be subject to rescission by
between the biological parent(s) and the the adopter(s). However, the adopter(s) may
adoptee shall be severed and the same shall disinherit the adoptee for causes provided in
then be vested on the adopter(s) Art. 919 of the Civil Code
[Sec. 16] [Sec. 19]
Vested rights acquired prior to rescission shall [Sec. 30; Sec. 9, R.A. 8043]
be respected. ↓
Annexes to the petition written and
The foregoing effects of rescission is without translated in the English language:
prejudice to the penalties imposable under the a. Birth certificate of petitioner;
RPC if the criminal acts are properly proven. b. Marriage contract, if married, and, if
[Sec. 20] applicable, the divorce decree, or
judgment dissolving the marriage;
3. Inter-country Adoption c. Sworn statement of consent of
petitioner’s biological or adopted
Procedure children above 10 years old;
[A.M. 02-6-02-SC] d. Physical, medical and psychological
An alien or a Filipino citizen permanently evaluation of the petitioner certified by
residing abroad shall allege in the petition: a duly licensed physician and
a. That he is at least 27 years old and at psychologist;
least 16 years older than the child to be e. ITRs or any authentic document
adopted, at the time of application, showing the current financial capability
unless the adopter is the parent by of the petitioner;
nature of the child or the spouse of f. Police clearance of petitioner issued
such parent; within 6 months before the filing of the
b. If married, the name of the spouse who petition;
must be joined as co-petitioner except g. Character reference from the local
when the adoptee is the legitimate child church/minister, the petitioner’s
of his spouse; employer and a member of the
c. That he has the capacity to act and immediate community who have known
assume all rights and responsibilities of the petitioner for at least 5 years;
parental authority under his national h. Full body postcard-size pictures of
laws, and has undergone appropriate petitioner and his immediate family
counseling from an accredited taken at least 6 months before filing the
counselor in his country; petition
d. That he has not been convicted of a [Sec. 31; Sec. 10, R.A. 8043]
crime involving moral turpitude; ↓
e. That he is eligible to adopt under his The court, after finding that the petition is
national law; sufficient in form and substance and a
f. That he is in a position to provide proper case for inter-country adoption, shall
proper care and support; immediately transmit the petition to the Inter-
g. That he agrees to uphold the basic Country Adoption Board for appropriate
rights of the child under Philippine laws, action
and UNCRC, and to abide by the rules [Sec. 32]
and regulations under R.A. 8043;
h. That he comes from a country with The Inter-Country Adoption Board shall
whom the Philippines has diplomatic issue a clearance that the child cannot be
relations and whose government adopted locally, and when the Board is
maintains a similarly authorized and ready to transmit the child to the authorized
accredited agency and that adopted is and accredited inter-country adoption
allowed under his national laws; and agency, the adoptive parent(s) shall
i. That he possesses all the qualifications personally fetch the child in the Philippines.
and none of the disqualifications
provided in R.A. 8043 and in other A supervised trial custody shall be done for
applicable Philippine laws a period of 6 months from the time of
placement of the child to the adoptive
c. ‘Best Interest of the Child’ Restrictive custody is, at best, nominal restraint
Standard which is beyond the ambit of habeas corpus. It
is neither actual nor effective restraint that
Inter-country adoption is allowed only when the would call for the grant of the remedy prayed
same shall prove beneficial to the child’s for. It is a permissible precautionary measure
interest and shall serve and protect his/her to assure the PNP authorities that the police
fundamental rights. [De Leon 340, 2015] officers concerned are always accounted for
[Ampatuan v Judge Macaraig, G.R. No.
182497 (2010)]
If imprisonment or restraint is without any legal for what cause, and by what authority such
authority, such fact shall appear [Sec. 3, Rule transfer was made
102]
When the return considered evidence, and
Who may apply when only a plea
a. The party for whose relief it is intended, or Custody under
b. By some person on his behalf [Sec. 3, Rule warrant of Restraint is by
102] commitment in private authority
pursuance of law
Some person – any person who has a legally
The return shall be
justified interest in the freedom of the person
considered only as a
whose liberty is restrained or who shows some The return shall be
plea of the facts
authorization to make the application [Velasco considered prima
v. CA, G.R. No. 118644 (1995)] therein set forth,
facie evidence of
and the party
the cause of
claiming the custody
2. Contents of the Return restraint
must prove such
Form facts
a. Written and signed by the person who [Sec. 13, Rule 102]
makes it
b. Sworn by the person who makes it if 3. Peremptory Writ and
1. The prisoner is not produced, and Preliminary Citation
2. In all other cases, unless the return is
made and signed by a sworn public Distinction between the writ and the
officer in his official capacity [Sec. 11, privilege of the writ
Rule 102]
The writ of habeas corpus is a process that is
tantamount to a summons to appear before the
By whom made: The person or officer who has court issuing it for an inquiry into the cause of
the person under restraint, or in whose custody the restraint complained of. Its issuance does
the prisoner is found [Sec. 10, Rule 102] not amount to an adjudication of the issue of
legality of the restraint. It is just an order to
Contents appear and explain.
a. Whether he has or has not the party in his
custody or power, or under restraint The privilege of the writ, on the other hand, is
b. If he has the party in his custody or power, the writ issued to enforce the court’s decision
or under restraint, the authority and the true on the merits finding the restraint illegal and
and whole cause thereof, set forth at large, directing the release from custody of the
with a copy of the writ, order execution, or detained individual.
other process, if any, upon which the party
is held Preliminary citation Peremptory writ
c. If the party is in his custody or power or is
A written document
restrained by him, and is not produced,
which unconditionally
particularly the nature and gravity of the
Requires the commands the
sickness or infirmity of such party by
respondent to appear respondent to have
reason of which he cannot, without danger,
and show cause why the body of the
be bought before the court or judge
the peremptory writ detained person
d. If he has had the party in his custody or
power, or under restraint, and has should not be granted before the court at a
transferred such custody or restraint to time and place
another, particularly to whom, at what time, therein specified
[Lee Yick Hon v. Collector of Customs, G.R. warrant of arrest [In the matter of the
No. L-16779 (1921)] petition for habeas corpus of Datukan
Malang Salibo v. Warden, G.R. No. 197597
The order to present an individual before the (2015)]
court is a preliminary step in the hearing of the f. When detention was by virtue of a final
petition. This order is NOT a ruling on the judgment, the writ of habeas corpus may
propriety of the remedy or on the substantive not issue [Adonis v. Tesoro, G.R. No.
matters covered by the remedy. Thus, the 182855 (2013)]
order to produce the body is not equivalent to
a grant of the writ of habeas corpus. [In the When WHC is proper
Matter of the Petition for Habeas corpus of a. Remedy for reviewing proceedings for
Alejano v. Cabuay, G.R. No. 160792 (2005)] deportation of aliens [De Bisschop v.
Galang, G.R. No. L-18365 (1963)]
Quantum of proof for the issuance or non- b. Where the court has no jurisdiction to
issuance of the privilege impose the sentence [Banayo v. President
When respondents' defense to a petition for of San Pablo, G.R. No. 1430 (1903)]
habeas corpus is that they released the c. Where a person is deprived of liberty due
detainees for whom the petition was filed, but to mistaken identity. In such cases, the
the allegation of release is disputed by person is not under any lawful process and
petitioners, and it is not denied that the is continuously being illegally detained. [In
detainees have not been seen or heard from re Datukan Malang Salibo, (2015)].
since their supposed release, the
respondents have the burden in law of 5. When Writ Disallowed or
proving by clear and convincing evidence
that they released the detainees. [Dizon v. Discharged
Eduardo, G.R. No. L-59118 (1988)]
a. When restraint is by lawful order or process
[Mangila v. Judge Pangilinan, G.R. No.
4. When Not Proper or 160739 (2013); Adonis v. Tesoro, G.R. No.
Applicable 182855 (2013); Ampatuan v. Judge
Macaraig, G.R. No. 182497 (2010)]
When WHC is NOT proper b. The person alleged to be restrained of his
a. For asserting or vindicating the denial of liberty is in the custody of an officer
right to bail [Enrile v. Salazar, G.R. No. 1. Under process issued by the court or
92163 (1990)] judge or by virtue of a judgment or
b. Where the petitioner has the remedy of order of a court of record, and
appeal or certiorari [Galvez v. CA, G.R. No. 2. Said court had jurisdiction to issue the
114046 (1994)] process, render the judgment or make
c. For correcting errors in the appreciation of the order, or
facts or law [Sotto v. Director of Prisons, c. Jurisdiction appears after the writ is
G.R. No. L-18871 (1962) allowed despite any informality or defect in
Exception: If error affects court’s the process, judgment, or order [Sec. 4,
jurisdiction making the judgment void Rule 102]
[Herrera] d. If it appears that the prisoner was lawfully
d. For enforcing marital rights including committed, and is plainly and specifically
venture and living in conjugal dwelling charged in the warrant of commitment with
[Ilusorio v. Bildner, G.R. No. 139789 an offense punishable by death [Sec. 14,
(2001)] Rule 102]
e. When restrained under a lawful process or e. Where the person in whose behalf the writ
order of the court, petitioner’s remedy is to is sought is out on bail [Mangila v.
file a motion to quash the information or the Pangilinan, G.R. No. 160739 (2013)]
The grant of the writ depends on the Considering that the writ is made enforceable
concurrence of the following requisites: (1) that within a judicial region, petitions for the
the petitioner has the right of custody over the issuance of the writ of habeas corpus, whether
minor; (2) that the rightful custody over the they be filed under Rule 102 or pursuant to
minor is being withheld from the petitioner by Section 20 of A.M. No. 03-04-04-SC, may
the respondents; and (3) that it is to the best therefore be filed with any of the proper RTCs
interest of the minor concerned to be in the within the judicial region where enforcement
custody of petitioner and not that of the thereof is sought [Tujan-Militante v. Cada-
respondents Deapera, G.R. No. 210636 (2014)]
[Masbata v. Relucio, G.R. No. 235498 (2018)
Procedure
Who may file A verified petition is filed alleging:
Any person claiming rightful custody of a minor a. The personal circumstances of the
[Sec. 2] petitioner and of the respondent;
b. The name, age and present
Where filed; where enforceable whereabouts of the minor and his or her
A verified petition shall be filed with the Family relationship to the petitioner and the
Court of the province or city where the respondent;
petitioner resides or where the minor may be c. The material operative facts constituting
found, or with the CA or the SC. deprivation of custody; and
d. Such other matters which are relevant to
If filed with the Family Court where the the custody of the minor
petitioner resides, or where the minor may be
found, the writ is enforceable within the judicial The verified petition shall be accompanied
region where the Family Court belongs. by a certificate against forum shopping,
which the petitioner must sign personally
If filed with the CA or the SC, or with any of its [Sec. 4]
members, the writ shall be enforceable ↓
anywhere in the Philippines. Upon issuance of If sufficient in form and substance, court
the writ by the SC or CA, it may be made shall direct the clerk of court to issue
returnable to a Family Court or to any regular summons, which shall be issued together
court within the region where the petitioner with a copy of the petition personally on
resides or where the minor may be found. respondent [Sec. 5]
↓
If the presiding judge of the Family Court is Within 5 days the respondent shall file a
absent, then the petition may be filed with a verified answer [Sec. 7]
regular court, provided that the regular court
shall refer the case to the Family Court as soon Note: A motion to dismiss is not allowed
as the presiding judge returns to duty. except on the ground of lack of jurisdiction
over the subject matter or over the parties.
If there are no Family Courts in the area, then Any other ground that might warrant the
the petition may be filed with the regular courts dismissal of the petition may be raised as an
affirmative defense in the answer [Sec. 6]
The writ is returnable to the Family Court, or to ↓
any regular court within the judicial region Upon filing of answer or expiration of period
where the petitioner resides or where the minor to file it, court may order a social worker to
may be found, for hearing and decision on the make a case study of the minor and the
merits. parties and to submit a report and
recommendation at least 3 days before the
Upon return of the writ, the court shall decide scheduled pre-trial [Sec. 8]
the issue on custody of minors. [Sec. 20]
The court may also issue a provisional order Filing of pre-trial brief which shall contain the
awarding custody of the minor. As far as following:
practicable, the following order of a. A statement of the willingness of the
preference shall be observed: parties to enter into agreements that
a. Both parents jointly; may be allowed by law, indicating its
b. Either parent, taking into account all terms;
relevant considerations, especially the b. A concise statement of their respective
choice of the minor over seven years of claims together with the applicable laws
age and of sufficient discernment, and authorities;
unless the parent chosen is unfit; c. Admitted facts and proposed
c. The grandparent, or if there are several stipulations of facts;
grandparents, the grandparent chosen d. The disputed factual and legal issues;
by the minor over seven years of age e. All the evidence to be presented, briefly
and of sufficient discernment, unless the stating or describing its nature and
grandparent chosen is unfit or purpose;
disqualified; f. The number and names of the witnesses
d. The eldest brother or sister over twenty- and their respective affidavits which
one years of age, unless he or she is shall serve as the affiant's testimony on
unfit or disqualified; direct examination; and
e. The actual custodian of the minor over g. Such other matters as the court may
twenty-one years of age, unless the require to be included in the pre-trial
former is unfit or disqualified; or brief
f. Any other person or institution the court
may deem suitable to provide proper Failure to file it or to comply with its required
care and guidance for the minor contents shall have the same effect as
[Sec. 13] failure to appear at the pre-trial [Sec. 10]
↓
The court shall provide in its order awarding
Pre-trial where the parties may agree on the
provisional custody appropriate visitation
custody of the minor. If parties disagree,
rights to the non-custodial parent/s, unless
court may refer to a mediator who has 5
the court finds said parent/s unfit or
days to effect an agreement between the
disqualified [Sec. 15]
parties. If still not settled, court to proceed
with pre-trial conference
↓
Within 15 days after filing of answer or
Failure to appear at pre-trial
expiration of period to file it, the court shall
a. If petitioner fails to appear personally,
issue an order
the case shall be dismissed, unless his
1. Fixing a date for the pre-trial conference;
counsel or a duly authorized
2. Directing the parties to file and serve
representative appears in court and
their respective pre-trial briefs in such
proves a valid excuse for the non-
manner as shall ensure receipt thereof
appearance
by the adverse party at least 3 days
b. If respondent has filed his answer but
before the date of pre-trial; and
fails to appear at the pre-trial, the
3. Requiring the respondent to present the petitioner shall be allowed to present his
minor before the court
evidence ex parte. The court shall then
render judgment on the basis of the
Notice of order shall be served separately to
pleadings and the evidence thus
the parties and their counsels. Pre-trial is presented
mandatory [Sec. 9]
[Secs. 11-12]
↓
↓
3. the currency and accuracy of the data Effect of failure to file return
or information held, and The court, justice, or judge shall proceed to
c. Other allegations relevant to the resolution hear the petition ex parte [Sec. 14]
of the proceeding
Procedure for hearing
A general denial of the allegations in the Hearing on the petition shall be summary. BUT
petition shall not be allowed [Sec. 10] The court, justice, or judge may call for a
preliminary conference to simplify the issues
When to file return and determine the possibility of obtaining
Respondent must file a verified written return stipulations and admissions from the parties
within 5 working days from service of the writ, [Sec. 15]
together with supporting affidavits. The 5-day
period may be reasonably extended by the 6. Instances When Defenses
Court for justifiable reasons [Sec. 10]
May Be Heard in Chambers
Prohibited pleadings and motions
a. Motion to dismiss a. Where the respondent invokes the defense
b. Motion for extension of time to file return, that the release of the data or information
opposition, affidavit, position paper and in question shall compromise national
other pleadings security or state secrets, or
c. Dilatory motion for postponement b. When the data or information cannot be
d. Motion for a bill of particulars divulged to the public due to its nature or
e. Counterclaim or cross-claim privileged character
f. Third-party complaint [Sec. 12]
g. Reply
h. Motion to declare respondent in default Judgment
i. Intervention The court shall render judgment within 10 days
j. Memorandum from the time of petition is submitted for
k. Motion for reconsideration of interlocutory decision [Sec. 16]
orders or interim relief orders, and
Petition for certiorari, mandamus or Appeal
prohibition against any interlocutory order Any party may appeal from the final judgment
[Sec. 13] or order to the Supreme Court under Rule 45,
5 working days from the date of notice of the
To whom returnable adverse judgment [Sec. 19]
If issued by
a. SC or any of its justices - before such Court 7. Consolidation
or any justice thereof, or CA/SB or any of
its justices, or the RTC of the place where When a criminal action is filed subsequent
the petitioner or respondent resides/has to the filing of a petition for the writ, the latter
jurisdiction over the place where the data shall be consolidated with the criminal action
or information is gathered, stored or
collected When a criminal action and a separate civil
b. CA/SB or any of its justices - before such action are filed subsequent to a petition for a
court or any justice thereof, or RTC (same writ of habeas data, the petition shall be
with scenario SC issued and then returned consolidated with the criminal action [Sec. 21]
in RTC)
c. RTC - returnable before such court or judge
[Sec. 4]
8. Effect of Filing Criminal the act complained of, or order the deletion,
destruction, or rectification of the erroneous
Action data or information AND (b) grant other
relevant reliefs as may be just and equitable;
When a criminal action has been commenced, otherwise, the privilege of the writ shall be
no separate petition for the writ shall be filed. denied [Sec. 16]
The reliefs under the writ shall be available to An indispensable requirement before the
an aggrieved party by motion in a criminal case privilege of the writ may be extended is the
showing, at least by substantial evidence, of
Procedure under this Rule shall govern the an actual or threatened violation of the right to
disposition of the reliefs available under the writ privacy in life, liberty or security of the victim
of habeas data [Sec. 22] [Roxas v. Arroyo, G.R. No. 189155 (2010)]
Comparative table of the writs of habeas corpus, amparo, and habeas data
Habeas corpus Amparo Habeas data
Involves the right to
privacy in life, liberty
a. All cases of illegal
confinement and Involves right to life, or security violated or
detention by which liberty and security threatened by an
any person is violated or threatened unlawful act or
deprived of his with violation by an omission of a public
liberty unlawful act or omission official or employee, or
b. Deprivation of of a public official or of a private individual or
Nature, scope, rightful custody of employee or a private entity engaged in the
function any person including individual or entity gathering, collecting or
minors from the storing of data or
person entitled Covers extralegal information regarding
[Sec. 1]
killings and enforced the person, family,
disappearances or home and
Actual violation before
threats thereof [Sec. 1] correspondence of the
writ issues.
aggrieved party [Sec.
1]
May not be suspended
except in cases of Shall not diminish, Shall not diminish,
invasion or rebellion increase or modify increase or modify
Limitations
when public safety substantive rights [Sec. substantive rights [Sec.
requires it [Sec. 15, Art. 23] 23]
III, 1987 Const.]
Petition filed by the Any aggrieved party
aggrieved party or by any may file a petition.
qualified person or entity
in the following order: However, in cases of
a. Any member of the extralegal killings and
immediate family enforced
b. Any ascendant, disappearances, the
By a petition signed and descendant or petition may be filed by
verified by the party for collateral relative of (also successive):
the aggrieved within a. Any member of the
whose relief it is
Who may file the 4th civil degree of immediate family
intended, or by some
affinity or of the aggrieved
person on his behalf consanguinity
[Sec. 3] b. Any ascendant,
c. Any concerned descendant or
citizen, organization, collateral relative
association or of the aggrieved
institution party within the
fourth civil degree
Filing by the aggrieved of consanguinity or
suspends the right of all affinity
others [Sec. 2] [Sec. 2]
How executed on the day specified in Respondent files the Respondent files the
and returned the writ, unless person return [Sec. 9] return [Sec. 10]
directed to be produced
is sick or infirm, and
cannot, without danger,
be brought therein.
Officer shall then make
the due return of the writ,
with the day and cause
of the caption and
restraint according to the
command thereof
[Sec. 8]
Within 5 working days
When to file On the day specified on Same as Amparo [Sec.
after service of the writ
return the writ [Sec. 8] 10]
[Sec. 9]
When the person to be Within 5 working days a. Lawful defenses
Contents of such as national
produced is imprisoned after service of the writ,
return security, state
or restrained by an the respondent shall file a
secrets, privileged
h. Motion to declare
respondent in default
i. Intervention
j. Memorandum
k. Motion for
reconsideration of
interlocutory orders or
interim relief orders
l. Petition for certiorari,
mandamus, or
prohibition
[Sec. 11]
Substantial evidence
a. if respondent is a
private individual or
Clear and convincing entity, ordinary Substantial evidence
Burden of
evidence [Dizon v. diligence required to prove the
proof/Standard
Eduardo, G.R. No. L- b. if public official or allegations in the
of diligence
59118 (1988)] employee, petition [Sec. 16]
extraordinary
diligence
[Sec. 17]
Yes. If warrant of Public official or employee
commitment is in cannot invoke the
Presumption of
pursuance with law, it presumption that official
official duty
serves as prima facie duty has been regularly
cause of restraint. performed [Sec. 17]
Upon filing of the petition
or at any time before final
judgment, the court,
justice or judge may grant
any of the following
reliefs:
Interim reliefs a. temporary protection
order
b. inspection order
c. production order
d. witness protection
order
[Sec. 14]
Within 10 days from the Within 10 days from the
time the petition is time the petition is
Judgment
submitted for decision submitted for decision
[Sec. 18] [Sec. 16]
5 working days from
Within 48 hours from 5 working days from the
Appeal the date of notice of
notice of the judgment of date of notice of adverse
adverse judgment to
P. CHANGE OF NAME
[Rule 103]
1. Differences Under Rule 103, R.A. No. 9048 and Rule 108
[De Leon 537-540]
sought to be corrected or
changed is kept
If already migrated to
another place within
the Philippines: Local
civil registrar of place
where interested party is
presently residing or
domiciled
Filipino citizens
presently residing or
domiciled in foreign
countries: Philippine
Consulate
a. Births
b. Marriage
c. Deaths
d. Legal separations
e. Judgments of
a. Correction of clerical
annulments of
or typographical
marriage
errors, and
f. Judgments declaring
b. Change of
marriages void from
1. First name or
Correction of clerical or the beginning
nickname
typographical errors in g. Legitimations
2. Day and month
any entry in civil registry h. Adoptions
in date of birth,
documents, except i. Acknowledgments of
Coverage or
corrections involving natural children
3. Sex of a person
change in sex, age, j. Naturalization
where it is
nationality and status of a k. Election, loss or
patently clear
person recovery of
that there was a
citizenship
clerical or
l. Civil interdiction
typographical
m. Judicial
error or mistake
determination of
in the entry
filiation
n. Voluntary
emancipation of a
minor
o. Changes of name
Where to Court of Appeals, under Civil Registrar General Court of Appeals, under
Appeal Rule 109 Rule 109
Copies of order shall be served upon the The subsequent marriage shall be
known heirs, legatees, devisees, creditors, automatically terminated by the recording of
and other interested persons, at least 10 the affidavit of reappearance of the absent
days before day of hearing [Sec. 4-5] spouse, unless there is a judgment annulling
↓ the previous marriage or declaring it void ab
Publication of court order fixing date and initio [Art. 42, FC]
place of hearing, at least once a week for 3
consecutive weeks in a newspaper of
general circulation in the province or city
where absentee resided [Sec. 3]
↓
surname and citizenship is not merely clerical. administrative petition for change of name
When the corrections will result in changes in is first filed and subsequently denied. In
the status from “legitimate” to “illegitimate” and sum, the remedy and the proceedings
the citizenship from “Chinese” to “Filipino”, the regulating change of first name are primarily
petitioner should have impleaded not only the administrative in nature, not judicial [Silverio v.
local civil registrar but also her parents and Republic, G.R. No. 174689 (2007)]
siblings as they are affected by the changes or
corrections. This does not mean, however, that the trial
courts are divested of its authority or
It is clear therefore that when the petition for jurisdictions over petitions for correction of
cancellation or correction of an entry in the civil entries and change of first name or nickname.
register involves substantial and controversial It only means that the local civil registrar has
alterations, including those on citizenship, primary, not exclusive, jurisdiction over such
legitimacy or paternity or filiation, or legitimacy petitions for correction of clerical errors and
of marriage, a strict compliance with the change of first name or nickname. RA 9048
requirements of Rule 108 is mandated, failing was enacted to give the people an option to
in which the petition must be dismissed. have the erroneous entries in their civil records
[Republic v. Lagunsay Uy, G.R. No. 198010 corrected via an administrative proceeding
(2013)] before the local civil registrar that is less
expensive and more expeditious.
Such failure, however, may be excused
a. where there is the publication of the notice Nonetheless, it would be inappropriate to apply
of hearing, and earnest efforts were made the procedure prescribed in RA 9048 to
by petitioners in bringing to court all petitions for the correction of entries in the civil
possible interested parties registry before the courts. The promulgation of
b. where the interested parties themselves rules of procedure for courts of justice is the
initiated the corrections proceedings exclusive domain of the Supreme Court [Re
c. when there is no actual or presumptive Final Report On The Judicial Audit Conducted
awareness of the existence of the At The Regional Trial Court, Br. 67, Paniqui,
interested parties, or Tarlac, Adm. Matter No. 06-7-414-RTC (2007)]
d. when a party is inadvertently left out
If one wants to either
The procedure recited in Rule 103 regarding ● Change one’s first name or nickname and
change of name and in Rule 108 concerning the ground therefor is one of those stated
cancellation or correction of entries in civil in Sec. 4, R.A. 9048, or
registry are separate and distinct. They may ● Cancel and or correct any entries in the civil
not be substituted one for the other. If both registry that is clearly a clerical or
reliefs are to be sought in the same typographical error
proceedings all the requirements of Rule 103 Then the REMEDY is R.A. 9048.
and 108 must be complied with [Republic v.
Valencia, G.R. No. L-32181 (1986)] If application is denied, one can either
● appeal the decision to the proper judicial
Grounds for cancellation or correction court, or
Upon good and valid grounds [Sec. 2] ● avail of Rule 103 or Rule 108, filing the
appropriate petition before the proper court
EFFECT OF R.A. 9048
The intent and effect of the law is to exclude HOWEVER, if one wants to change one’s
the change of first name from the coverage of name (first name, surname or both) and the
Rules 103 (Change of Name) and 108 ground therefor is one of those allowed by law
(Cancellation or Correction of Entries in the and jurisprudence, REMEDY is Rule 103.
Civil Registry) of the ROC, until and unless an
Multiple appeals
Permitted in special proceedings as practical
recognition of the possibility that material
issues may be finally determined at various
stages of the special proceedings. [Aranas v.
Mercado, G.R. No. 156407 (2014)]
CRIMINAL
PROCEDURE
REMEDIAL LAW
A. GENERAL MATTERS
Exception: Those
crimes mentioned in
Art. 2, RPC are not
covered by this rule
In determining
whether the court
has jurisdiction over
an offense, the
penalty to be
considered is that
which may, under
law, be imposed for
the offense and not
b. RTC c. Sandiganbayan
Jurisdiction Jurisdiction
Exclusive original jurisdiction in criminal 1. Violations of R.A. 3019
cases not within the exclusive jurisdiction of 2. Violations of R.A. 1379
any court, tribunal or body, EXCEPT those 3. Violations of Book 2, Title VII, Section 2,
under the exclusive and concurrent jurisdiction Chapter 2 of the RPC (Indirect Bribery,
of the Sandiganbayan [Sec. 20, B.P. 129] Corruption of Public officials, etc.), where
Appellate jurisdiction over cases decided by one or more of the accused are officials
first-level courts within its territorial jurisdiction occupying the following positions in the
[Sec. 22, B.P. 129, as amended by R.A. 7691]
government, at the time of the commission
of the offense:
Jurisdiction over criminal cases under specific
a. Officials of the executive branch
laws such as:
1. Criminal and civil aspects of written occupying the positions of regional
defamation [Art. 360, RPC] direction and higher, otherwise
2. Criminal cases commenced by information classified as Grade “27” and higher of
against a child upon determination of R.A. 6758 (see enumeration in RA
probable cause by the prosecutor [Sec. 33, 10660)
R.A. 9344, as amended by R.A. 10630] b. Members of Congress and officials
where there are no family courts [Sec. 4(g), thereof classified as “Grade 27” and up
R.A. 9344] under R.A. 6758 (see enumeration in
3. Violence against women and children, in RA 10660)
the absence of an RTC designated as a 4. Other offenses, simple or complex, with
Family Court where the offense was other crimes committed by the above-
committed [R.A. 9262 (Anti-VAWC Act)] mentioned public officials and employees
4. Designated special courts over cases in in relation to their office.
violation of R.A. 9165 (Dangerous Drugs 5. Criminal cases filed pursuant to and in
Act) [Sec. 90, R.A. 9165] connection with EO 1, 2, 14, 14-A (1986)
5. Violations of intellectual property rights [SC
An offense is deemed committed in relation to
Admin-Circ. No. 03-03 (2003)]
his office when:
6. Money laundering cases [Sec. 5, R.A.
1. The office is a constituent element of the
9160] EXCEPT those committed by public
crime as defined in the statute
officers and private persons in conspiracy
2. The offense be intimately connected with
with such public officers, as jurisdiction is
the office of the offender
with the Sandiganbayan
3. The fact that the offense was committed in
relation to the office must be alleged in the
For offenses cognizable by the Sandiganbayan
Information [People v. Magallanes, G.R.
where the information a) does not allege any
damage to the government or any bribery; or b) No. 118013-14 (1995)]
the alleged damage to the government or the
bribery arising from the or closely related Failure to allege that the offense was
transactions are of an amount not exceeding committed in relation to the office or was
P1 million [Sec. 4, P.D. 1606, as amended by necessarily connected with the discharge of
R.A. 10660] their functions vests jurisdiction with the RTC.
[People v. Cawaling G.R. No. 117970 (1998)]
Requirements
a. Must include both guilty The offender must not have been None
parties, if both alive pardoned by any of a and b in the
b. Must not have consented preceding column
to the offense or
pardoned the offenders
c. c. Marital relationship
must still be subsisting
[Pilapil v. Ibay-Somera,
G.R. No. 80116, (1989)].
EVENTS THAT MAY OCCUR AFTER THE [People v. de Guzman, [G.R. No. 185843
FILING OF THE CASE (2010)]
a. Death of offended party
Pardon distinguished from Consent
Death after filing the complaint would not
Pardon Consent
deprive the court of jurisdiction. The death of
the offended party in private crimes is essential Definition
solely for the initiation of the action. [People v.
Diego, G.R. No. 1626 (1937)] Refers to past acts Refers to future acts
It is not one of the causes for extinguishment of In order to absolve In order to absolve
criminal liability enumerated in Art. 89 of the the accused from the accused from
Revised Penal Code. liability, it must be liability, it is sufficient
extended to both even if granted only
b. Desistance by offended party
offenders to the offending
spouse
Desistance does not bar the People of the
Philippines from prosecuting the criminal
action, but it operates as a waiver of the right When given
to pursue civil indemnity [People v. Amaca,
G.R. No. 110129 (1995)]. Given after the Given before the
commission of the commission of the
c. Pardon by offended party
crime but before the crime
institution of the
General rule: A pardon by the offended party
criminal action
does not extinguish criminal action but civil
liability with regard to the interest of the injured In adultery and concubinage
party is extinguished by his express waiver
[Art. 23, RPC]. If there is more than one
May be done Can only be done
accused, the pardon must be extended to all
expressly or expressly
offenders.
impliedly
Exception: Seduction, abduction and acts of
lasciviousness shall not be prosecuted if the There is implied
offender has been expressly pardoned by the pardon when the
offended party or her parents, grandparents or offended party
guardian [Art. 344, RPC] [Sec. 5, Rule 110] continued to live with
his spouse even
When should pardon be done after the commission
General rule: Pardon must be made before the of the offense. There
filing of the criminal complaint in court [People is no implied pardon
v. Bonaagua, G.R. No. 18897 (2011)] when the wife
continues living in
Exception: In rape, marriage between the the conjugal home
offender and the offended party would be after her arrest only
effective as pardon even when the offender
in order to take care
has already commenced serving his sentence
f. The prosecution of the civil liability has not EXTENT OF PROSECUTOR’S CONTROL
been reserved or waived.
Prior to filing After filing
Who subscribes
Effect of lack of presence of the fiscal
Although the private prosecutor had previously
been authorized to present the evidence for the Subscribed by: Subscribed by the
prosecution, the absence of the City Fiscal at a. offended party; prosecutor
the hearing means that the prosecution of the b. any peace officer;
case was NOT under the control of the City or *Indispensable
Fiscal; thus, it follows that the evidence c. other officer requirement.
presented by the private prosecutor at said charged with the
hearing could not be considered as enforcement of the
evidence for the plaintiff [People v. Beriales, law violated.
G.R. No. L-39962 (1976)]
Where filed
Note: OCA Circular No. 39-02 [stating in toto
Sec. 5, Rule 110, as amended by A.M. No. 02- May be filed in court or Filed with the court
2-07-SC]: However, in MTCs or MCTCs when the prosecutor’s office
the prosecutor assigned thereto or to the [Sec. 1, Rule 110]
case is not available, the offended party,
any peace officer, or public officer charged Oath Requirement
with the enforcement of the law violated
may prosecute the case. This authority shall
Must be “sworn,” hence Requires no oath
cease upon actual intervention of the
under oath
prosecutor or upon elevation of the case to the
*Fiscal filing the
RTC.
information is
acting under the
oath of his office
Test for sufficiency of the information If the true name of the accused is thereafter
Whether the crime is described in intelligible disclosed by him or appears in some other
terms with such particularity as to apprise the manner to the court, such name shall be
accused with reasonable certainty of the inserted in the complaint or information and
offense charged [Lazarte v. Sandiganbayan, record. [Sec. 7, Rule 110]
G.R. No. 180122 (2009)]
John Doe Informations
General rule: A defective information cannot When the information does not sufficiently
support a judgment of conviction describe the accused and all are described as
“John Does,” the arrest warrants against them
Exception: Where the defect in the information are void. [Pangandaman v. Casar, G.R. No. L-
was cured by evidence during the trial and no 71782 (1988)]
objection appears to have been raised
[Abunado v. People, G.R. No. 159218 (2004)] Mistake in the name of the accused
Mistake does not necessarily amount to a
mistake in the identity of the accused
especially when sufficient evidence is adduced during trial or may even be corrected by a
to show that the accused is pointed to as one formal amendment of the information.
of the perpetrators of the crime. [People v.
Amodia, G.R. No. 173791 (2009)] Exception: Fatal when discrepancy is so great
that it induces the perception that the
b. Name of the offended party information and the evidence are no longer
pertaining to one and the same offense. The
The complaint or information must state the defective allegation in the information is struck
name and surname of the person against down for violating the right of the accused to be
whom or against whose property the offense informed [People v. Delfin, G.R. No. 201572
was committed, or any appellation or nickname (2014)]
by which such person has been or is known. If
there is no better way of identifying him, he d. Place of commission
must be described under a fictitious name.
a. In crimes against property, if the name of General rule: The complaint or information is
the offended party is unknown, the property sufficient if it can be understood from its
must be described with such particularity allegations that the offense was committed or
as to properly identify the offense charged some of its essential ingredients occurred at
b. If the true name of the person against some place within the jurisdiction of the court.
whom or against whose property the
offense was committed is thereafter Exception: If the particular place where it was
disclosed or ascertained, the court must committed constitutes an essential element of
cause such true name to be inserted in the the offense charged or is necessary for its
complaint or information and the record identification [Sec. 10, Rule 110]
c. If the offended party is a juridical person, it
is sufficient to state its name, or any name 6. Designation of Offense
or designation by which it is known or may
be identified, without need of averring that The designation of the offense given by the
it is a juridical person. [Sec. 12, Rule 110] statute must be stated in the complaint or
information with the averment of acts or
c. Date of commission omissions constituting the offense and the
attendant qualifying and aggravating
General rule: It is not necessary to state the circumstances. If there is no designation of the
precise date the offense was committed. The offense, reference shall be made to the section
offense may be alleged to have been or subsection of the statute punishing it. [Sec.
committed on a date as near as possible to 8, Rule 110]
the actual date of the commission.
Enough to describe with sufficient
Exception: When it is an essential element of particularity
the offense (e.g., abortion, bigamy) [Sec. 11, Specific acts of accused do not have to be
Rule 110] described in detail in the information, as it is
enough that the offense be described with
Variance in alleged date from proven in trial sufficient particularity to make sure the
General rule: Allegation in an information of a accused fully understands what he is being
date different from the one established during charged with [Guy v. People, G.R. No. 166794-
trial is not fatal to the prosecution. It is just 96 (2009)]
deemed supplanted by evidence presented
fall within the exemptions [People v. San Juan, d. Crimes susceptible of being committed in
G.R. No. L-22944 (1968)] various modes
i. The allegations in the information
When habitual delinquency is alleged would be regarded as a description
The information must specify: of only one offense and information
a. Date of the commission of the previous is not rendered defective [Jurado v.
crimes
Suy Yan, G.R. No. L-20714 (1971)]
b. The date of last conviction or release
e. Crimes of which another offense is an
[People v. Venus, G.R. No. 45141 (1936)]
ingredient
f. When a single act violates different
Where complex crime is charged
Allegations do not necessarily have to charge statutes [Loney v. People, G.R. No.
a complex crime as defined by law. It is 152644 (2006)]
sufficient that the information contains
allegations which show that one offense was a Remedy to duplicity of offense
necessary means to commit the other [People Accused must move for the quashal of the
v. Alagao, G.R. No. L-20721 (1966)] information before arraignment. [Sec. 1 and 3,
Rule 117]
8. Duplicity of the Offense;
Failure to file motion to quash
Exception Accused is deemed to have waived the
objection and may be convicted of as many
Duplicity of the offense is the joinder of two or offenses are charged and proved. [Sec. 3, Rule
more separate and distinct offenses in one and 120]
the same information or complaint [Loney v.
People, G.R. No. 152644 (2006)]
9. Amendment or Substitution
General rule: A complaint or information must of Complaint or Information
charge only one offense.
Amendment
Exception: Multiple offenses may be charged A change in either the form or substance of the
when the law prescribes a single punishment same offense in the Information. It is not a new
for various offenses [Sec. 13, Rule 110]: charge; it just supersedes the original
a. Complex crimes - E.g., Acts committed in Information but relates back to the date at
furtherance of rebellion are crimes in which the original information was filed
themselves but absorbed in the single [Teehankee Jr. v. Madayag, G.R. No. 103102
crime of rebellion [Enrile v. Salazar, G.R. (1992)]
No. 92163 (1990)]
Not all defects in an information may be cured
b. Special complex crimes
by an amendment. An Information which is void
c. Continuous crimes (Requisites:)
ab initio cannot be amended to obviate a
i. Plurality of acts performed ground for quashal. An amendment which
separately during a period of time operates to vest jurisdiction is impermissible
ii. Unity of penal provisions violated [Leviste v. Alameda G.R. No. 182677 (2010)]
iii. Unity of criminal intent [People v.
Ledesma, G.R. No. L-41522
(1976)]
case, the court shall commit the accused to Offense The amended Involves a
answer for the proper offense and dismiss the
involved information different
original case upon the filing of the proper
refers to the offense which
information [Sec. 19, Rule 119, ROC]
same offense does not
charged in the include those
Limitations of substitution
a. At any time before judgment [Sec. 14, Rule original provided in
110] information or the original
b. The accused cannot be convicted of the to an offense charge;
offense charged or of any other offense which is cannot invoke
necessarily included therein [Sec. 19, Rule included in the double
119] original jeopardy
c. The accused would not be placed in double charge; can
jeopardy [Sec. 14, Rule 110] invoke double
jeopardy
Amendment and Substitution
Distinguished Double Can be Cannot be
Amendment Substitution jeopardy invoked only if invoked.
as the new Substitution
Applicabi- The same Involves Defense information is presupposes
lity attempted, different a substantial that the new
frustrated, offense amendment information
necessarily and it was involves a
includes or done after the different
included plea offense which
offense does not
include or is
Scope Formal or Substantial not included in
substantial changes the original
changes charge.
When the offense The accused will Those In the proper court of the
proved is GREATER be convicted of committed on first port of entry or of
than the offense the offense board a any municipality or
charged charged vessel in the territory through which
[Sec. 4, Rule course of its such vessel passed
120] voyage during its voyage, subject
to the generally accepted
When the offense The case should principles of international
proved is DIFFERENT be dismissed law [Sec. 15, Rule 110]
and NOT and a new
NECESSARILY Information Piracy, which May be instituted
INCLUDED/INCLUDES should be filed, has no anywhere [People v. Lol-
the offense charged charging the territorial lo and Saraw, G.R. No.
proper offense. limits 17958 (1922)]
[Sec. 14, Rule
110] Libel If one of the offended
parties is a private
individual:
10. Venue of Criminal Actions a. Where the libelous
article is printed and first
General rule: Venue is criminal cases is published, or
jurisdictional. In all criminal prosecutions, the b. Where said
action must be instituted and tried in the courts individual actually
of the municipality or territory where:
resides
a. The offense was committed, or
b. Any of its essential ingredients occurred
If one of the offended
[Sec. 15(a), Rule 110].
parties is a public official:
a. Where the official
Exceptions:
holds office at the time of
Crime Venue the commission of the
offense
Felonies Proper court where 1. If the office is in
under Art. 2, criminal action was first Manila, then CFI Manila
RPC filed [Sec. 15, Rule 110] 2. If the office is any
other city or province,
Those In the court of any then file where he holds
committed on municipality or territory office
a railroad where such train, aircraft, b. Where the libelous
train, aircraft, or other vehicle passed article is printed and first
or any other during its trip, including published
public or place of departure and
private vehicle arrival [Sec. 15, Rule
in the court of 110]
its trip
Exception: When the offended party: offended party from the accused, if any,
a. Waives the civil action EXCEPT, when enforcement of civil liability by
b. Reserves the right to institute it separately a separate civil action has been reserved or
c. Institutes the civil action prior to the waived. [Sec. 2, Rule 120, ROC]
criminal action; [Sec. 1, Rule 111]
b. Reservation of right to file civil
Civil liability of employer in a criminal action
action
At most, the employer can only be held When reservation shall be made
subsidiarily liable for the delict committed by 1. Before the prosecution starts to present its
his employee. [Art. 102, 103, RPC] The evidence, and
employer cannot be held vicariously liable, 2. Under circumstances affording the
under Art. 2180, in the criminal action. offended party a reasonable opportunity to
[Maniago v. CA, G.R. No. 101809 (1996)] make such reservation. [Sec. 1(2), Rule
111]
2. When Civil Action May
Proceed Independently Note: Failure of the court to adjudge as to civil
liability amounts to the reservation of the right
to a separate civil action.
a. Independent civil actions
Effect of reservation of right
Independent civil actions those that are
The prescriptive period of the civil action that
separate and distinct from and shall proceed
was reserved shall be tolled. [Sec. 2, Rule 111]
independently of the criminal action. Only a
preponderance of evidence shall be required in
When reservation to file separately not
such cases: [Sec. 3, Rule 111]
allowed
a. When the accused in a criminal
1. B.P. 22 cases [Sec. 1(b), Rule 111]
prosecution is acquitted on the ground that
2. Cases cognizable by the Sandiganbayan
his guilt has not been proved beyond
[Sec. 4, P.D. 1606, as amended by R.A.
reasonable doubt, a civil action for
10660]
damages for the same act or omission may
3. Tax cases [Sec. 7(b)(1), RA 9282]
be instituted [Art 29, NCC]
b. Cases involving violation of constitutional
Note: In such cases, only the civil liability
rights, defamation, fraud, physical injuries,
arising from the crime charged (cause of action
refusal or failure to render aid or protection
arising from the delict) is deemed instituted.
by the members of the police or the
[Sarmiento v. CA, G.R. No. 122502 (2002)]]
prosecuting attorney, quasi-delict) [Sec. 3,
Rule 111] [Art. 32, 33, 34, 35 and 2176,
NCC] c. Separate action filed by the
accused
Prohibition on double recovery
In no case may the offended party recover No counterclaim, cross-claim or third-party
damages TWICE for the same act or omission complaint may be filed by the accused in the
charged in the criminal action. [Sec. 3, Rule criminal case, but any cause of action which
111] could have been the subject thereof may be
litigated in a separate civil action [Sec. 1, Rule
Note: The judgment of the court must state the 111]
civil liability or damages to be recovered by the
Effect
Prejudicial question where administrative 3. If the amounts are not so alleged but
and criminal cases, but no civil case, any of these damages are
involved subsequently awarded by the court, the
In San Miguel Properties, Inc. v. Perez [G.R. filing fees based on the amount
No. 166836 (2013)] the SC held that the awarded shall constitute a first lien on
administrative case before the HLURB case the judgment. [Sec. 1, Rule 111]
raises a prejudicial question that sufficed to b. Estafa – offended party shall pay in full the
suspend the criminal proceedings since the filing fees based on the amount involved
action before the HLURB was “civil in nature” [See Sec. 20, Rule 141]
and could not be instituted elsewhere except in
the HLURB whose jurisdiction over the action
was exclusive and original. D. PRELIMINARY
INVESTIGATION
6. Rule on Filing Fees in Civil
Action Deemed Instituted 1. Nature of Right
With the Criminal Action
Definition
General rule: An inquiry or proceeding to determine
a. Actual Damages - no filing fees required whether there is sufficient ground to
b. Moral, exemplary, nominal, temperate engender a well-founded belief that a crime
damages: has been committed and the respondent is
1. If amount is specified in the probably guilty thereof, and should be held
complaint/information - the for trial [Sec. 1, Rule 112, as amended by
corresponding filing fees shall be paid A.M. No. 05-8-26-SC].
by the offended party upon the filing Nature
thereof in court. What it is What it is not
2. If amount is not specified in the 1. Merely Not a trial of the case
complaint/information, the filing fees inquisitorial, and on the merits” and
shall constitute a first lien on the it is often the only does not place the
judgment awarding such damages means of persons against
[Sec. 1, Rule 111] discovering the whom it is taken in
persons who jeopardy [Paderanga
Exceptions: may reasonably v. Drilon, G.R. No.
a. Violations for B.P.22 be charged with 96080 (1991)]
1. The offended party shall pay in full the a crime, to
filing fees based on the amount of the enable the
check involved, which shall be prosecutor to
considered as the actual damages prepare his
claimed. complaint or
2. Where the complaint or information information
also seeks to recover liquidated, moral, 2. This is a
nominal, temperate or exemplary substantive right.
damages, the offended party shall pay To deny the
additional filing fees based on the accused’s claim
amounts alleged therein. to a PI would be
to deprive him of
Statutory basis of the right to The right cannot be raised for the first time on
preliminary investigation appeal [Pilapil v. Sandiganbayan, G.R. No.
This is NOT a constitutional right; rather, the 101978 (1993)]
right thereto is of statutory character and
may be invoked only when specifically When right not deemed waived
created by statute. It is not a fundamental a. Failure to appear before the prosecutor
right and may be waived expressly or by during the clarificatory hearing or when
silence [Marinas v. Siochi, G.R. Nos. L- summoned, when the right was invoked at
25707 (1981)] the start of the proceeding [Larranaga v.
CA, G.R. No. 130644 (1998)]; or
Waiver of right b. When the accused filed an application for
The right to PI is a personal right which the bail and was arraigned over his objection
accused may waive either expressly or by and the accused demanded that PI be
implication but at all times must be conducted [Go v. CA, G.R. No. 101837
unequivocal. The waiver, whether express or (1992)]
implied, must be in a clear and unequivocal
manner [Larranaga v. CA. G.R. No. 130644 2. Purposes of Preliminary
(1998)] Investigation
Mere failure of a defendant and/or his counsel The following are the specific purposes of
to appear during PI cannot be construed as a preliminary investigation [IPA]:
waiver [Larranaga v. CA, G.R. No. 130644 a. To Inquire concerning the commission of a
(1998)] crime and the connection of the accused
with it. This is so that:
When the accused waives his right to PI, the i. the accused may be informed of the
fiscal may forthwith file the corresponding nature and character of the crime
information with the proper court [People v. charged against him, and,
Perez, G.R. No. L-15231 (1960)]
ii. if there is probable cause for believing c. Other officers as Election Code.
him guilty, that the State may take the may be [Sec. 2(6), Art.
necessary steps to bring him to trial; authorized by IX-C,
b. To Preserve the evidence and keep the law Constitution;
witnesses within the control of the State; [Sec. 2, Rule 112, Section 265,
and as amended by A.M. BP881
c. To determine the Amount of bail, if the No. 05-8-26-SC] (Omnibus
offense is bailable. [Callo-Claridad v. Election Code),
Esteban, G.R. No. 191567 (2013)] as amended by
Section 43,
3. Who May Conduct RA9369] [
Determination of Existence of b. Ombudsman:
over cases
Probable Cause public officers
and employees
Probable cause
[Section 15[1],
Probable cause pertains to facts and
RA6770
circumstances sufficient to support a well-
(Ombudsman
founded belief that a crime has been
Act of 1989)]
committed and the accused is probably guilty
c. Presidential
thereof. [Shu v. Dee, G.R. No. 182573 (2014)]
Commission on
Good
Quantum of Evidence
Governance with
The quantum of evidence now required in PI is
assistance of the
such evidence sufficient to “engender a well-
OSG: over
founded belief” as to the fact of the commission cases
of a crime and the respondent's probable guilt
investigated by
thereof. A PI is not the occasion for the full and
it) [EO14,
exhaustive display of the parties’ evidence. (1986)]
[Estrada v. Ombudsman, G.R. No. 212140
(2015)]
JUDICIAL DETERMINATION v. EXECUTIVE
Hearsay evidence is admissible during PI [De
DETERMINATION OF PROBABLE CAUSE
Lima v. Guerrero, G.R. No. 229781 (2017),
Executive Judicial
citing Estrada v. Ombudsman, G.R. No. Determination Determination
212140 (2015)] Ascertains To ascertain
whether a whether a
Who May Conduct Preliminary criminal case warrant of
Investigation must be filed in arrest should
As Provided by the As Provided by court. The be issued
Rules of Court Law public against the
a. Provincial/city a. COMELEC: over Nature prosecutor is accused [Sec.
prosecutors and all election given a broad 2, Art. III,
their assistants offenses discretion to Constitution]
b. National and punishable determine
regional state under the whether
prosecutors Omnibus probable cause
exists and to
it as such [Alvizo v. Sandiganbayan, GR. No. [Sec. 4, Rule 112, as amended by A.M. No. 05-
101689 (1983)] 8-26-SC]
4. The resolution of the Secretary of Justice When warrant of arrest shall not issue
may also be reviewed by the Court of A warrant of arrest shall not issue if the
Appeals through a petition for certiorari accused is already under detention pursuant to
under Rule 65 of the Rules of Court, solely a warrant issued by the municipal trial court or
on the ground that the SOJ committed if the complaint or information was filed
grave abuse of discretion amounting to pursuant to Sec. 6, Rule 112 (When accused
lack of jurisdiction [Argovan v. San Miguel lawfully arrested without warrant) or is for an
Corporation, G.R. No. 188767, (2013)]. offense penalized by fine only. The court shall
then proceed in the exercise of its original
5. In criminal cases, the ruling of the jurisdiction [Sec. 5(c), Rule 112, as amended
Ombudsman shall be elevated to the by A.M. No. 05-8-26-SC]
Supreme Court by way of Rule 65, solely
under the ground of grave abuse of 7. Cases Not Requiring
discretion [Villanueva v. Ople, G.R. No.
Preliminary Investigation nor
165125 (2005)].
Covered By the Rule on
6. When Warrant of Arrest May Summary Procedure
Issue If the complaint is filed directly with the
prosecutor involving an offense punishable by
The PI conducted by the judge which is
an imprisonment of less than 4 years, 2
properly called preliminary examination is for
months and 1 day, the procedure outlined in
the determination of probable cause for the
Sec. 3(a), Rule 112, as amended by A.M. No.
issuance of warrant of arrest [P/Supt. Cruz v.
05-8-26-SC shall be observed. The prosecutor
Judge Areola, A.M. No. RTJ-01-1642 (2002)]
shall act on the complaint based on the
affidavits and other supporting documents
When the RTC/MTC may issue a Warrant of
submitted by the complainant within ten (10)
Arrest
days from its filing [Sec. 8(a), Rule 112, as
a. Within 10 days from the filing of the
amended by A.M. No. 05-8-26-SC]
complaint or information, the judge shall
personally evaluate the resolution of the
Sec. 3(a), Rule 112, as amended by A.M. No.
prosecutor and its supporting evidence.
05-8-26-SC states that:
b. He may immediately dismiss the case if the
a. The complaint shall state the address of
evidence on record clearly fails to establish
the respondent and shall be accompanied
probable cause.
by affidavits of the complainant and his
c. If he finds probable cause, he shall issue
witnesses, as well as other supporting
a warrant of arrest or a commitment order
documents to establish probable cause.
when the complaint or information was filed
b. They shall be in such number of copies as
pursuant to Sec. 7 of Rule 112, as
there are respondents, plus 2 copies for the
amended by A.M. No. 05-8-26-SC.
official file. The affidavits shall be
d. In case of doubt on the existence of
subscribed and sworn to before any
probable cause, the judge may order the
prosecutor or government official
prosecutor to present additional evidence
authorized to administer oath, or, in their
within 5 days from notice and the issue
absence or unavailability, before a notary
must be resolved by the court within 30
public, each of whom must certify that he
days from the filing of the complaint or
personally examined the affiants and that
information. [Sec. 5(a), Rule 112, as
amended by A.M. No. 05-8-26-SC]
In the absence of an inquest prosecutor, the The inquest proceedings must be terminated
offended party or peace officer may directly file within the period prescribed under the
the complaint in court [Sec. 6, Rule 112, as provisions of Art. 125, RPC. [Sec. 3, DOJ Circ.
amended by A.M. No. 05-8-26-SC] No. 61 (1993)]
Where a warrantless arrest is made under the accordance with Sec. 7 of Rule 112 [Sec. 5,
in flagrante and hot pursuit exceptions, the 2nd par., Rule 113]
person arrested without a warrant shall be
forthwith delivered to the nearest police station General rule: PI is required to be conducted
or jail and shall be proceeded against in before a complaint/information is filed for an
offense where the penalty prescribed by law is
Effect
The legality of the arrest affects only the
jurisdiction of the court over the person of the
accused [People v. Nuevas, G.R. No. 170233
(2007)]
Waiver
Any objection involving the arrest or the
procedure in the court’s acquisition of
jurisdiction over the person of an accused must
be made before he enters his plea; otherwise
the objection is deemed waived. Accordingly,
an application for or admission to bail shall
not bar the accused from challenging the
validity of his arrest or the legality of the warrant
issued, provided that it was raised before he
enters his plea. [Sec. 26, Rule 114]
3. Method of Arrest
By Officer without By Private Person
By officer with Warrant
Warrant (Citizen’s Arrest)
1. Execute the warrant General rule: The 1. The private person
within 10 days from its officer shall inform the shall inform the
receipt. In case of his person to be arrested person to be arrested
failure to execute the of: of the intention to
warrant, the head of the 1. His authority; and arrest him and the
office to whom the 2. The cause of the cause of the arrest
warrant was issued shall arrest except in the same
state the reasons cases as those for
therefor. [Sec. 4, Rule Exceptions: arrest by an officer
113] 1. When the person to without a warrant
2. General Rule: The be arrested is [Sec. 9, Rule 113]
officer shall inform the engaged in the 2. The private person
person to be arrested of commission of the must deliver the
the cause of the arrest offense; arrested person to
and the fact that a 2. When he is pursued the nearest police
warrant has been issued immediately after station or jail, and he
for his arrest. its commission; shall be proceeded
3. When he has against in
Exception: This does not escaped, flees or accordance with
Duties of the apply: forcibly resists Sec. 7, Rule 112
Arresting a. When the person to be before the officer [Sec. 5, Rule 113]
Person arrested flees; has the opportunity Otherwise, the
b. When he forcibly resists to so inform him; or private person may
before the officer has 4. When the giving of be held liable for
opportunity to so inform such information illegal detention [Art.
him; will imperil the 125, RPC]
c. When the giving of such arrest.
information will imperil [Sec. 8, Rule 113]
the arrest [Sec. 7, Rule
113]
R.A. 8177 and R.A. 7659) prohibited the 3. When a Matter of Discretion
imposition of the death penalty.
Upon conviction by the RTC of an offense not
Generally not applicable to extradition punishable by death, reclusion perpetua, or life
proceedings imprisonment, admission to bail is
General rule: Right to bail is available only in discretionary [Sec. 5, Rule 114]
criminal proceedings and does not apply to
extradition proceedings because extradition The application for bail may be filed in and
courts do not render judgments of conviction or acted upon by the RTC despite the filing of
acquittal [Gov. of USA v. Purganan and notice of appeal, provided that it has not
Jimenez, G.R. No. 148571 (2002)] transmitted the original record to the appellate
court [Sec. 5, Rule 114]
Exception: Only upon clear and convincing
evidence: If the RTC decision changed the nature of the
a. That once granted, the applicant will not be offense from non-bailable to bailable, the
flight risk or will not pose danger to the application for bail can only be filed with and
community; and resolved only by the appellate court [Sec. 5,
b. That there exists special humanitarian and Rule 114]
compelling circumstances [Gov. of USA v.
Purganan and Jimenez, G.R. No. 148571 If the conviction by the trial court is for a capital
(2002)] offense, the accused convicted of a capital
offense is no longer entitled to bail, and can
Exception to the exception: When the only be released when the conviction is
accused is a minor, he is entitled to bail reversed by the appellate court [Sec. 13, Article
regardless of whether the evidence of guilt is III, Constitution]
strong
If the penalty imposed by the trial court is
Note: Bail is a matter of discretion in extradition imprisonment exceeding 6 years, the accused
proceedings [Govt. of HK Special shall be denied bail or his bail shall be
Administrative Region v. Olalia, G.R. No. cancelled upon showing by the prosecution,
153675 (2007)] with notice to the accused, of any of the
following [Sec. 5, Rule 114]:
When not available a. Recidivism, quasi-recidivism, or habitual
Right to bail is not available: delinquency or commission of a crime
a. After a judgment of conviction has become aggravated by reiteration of the accused
final; if he applied for probation before b. The accused previously escaped from
finality, he may be allowed temporary legal confinement, evaded sentence or
liberty under his bail; violated bail conditions without valid
b. After the accused has commenced to serve justification
his sentence [Sec. 24, Rule 114] c. Commission of offense while under
c. To military personnel accused under probation, parole or conditional pardon
general courts martial [Comendador v. de d. Probability of flight;
Villa, G.R. No. 93177 (1991)] e. Undue risk of the commission of another
crime during the pendency of the appeal
[Sec. 5, Rule 114]
Upon conviction of the RTC, the bail posted be granted bail if it is shown that: (1) the
earlier as a matter of right loses its force and detainee will not be a flight risk or a danger to
the accused must file a new and separate the community; and (2) there exist special,
petition for bail. humanitarian, and compelling circumstances.
The SC further explained that bail for the
In deportation proceedings, bail is provisional liberty of the accused, regardless of
discretionary upon the Commissioner of the crime charged should be allowed
Immigration and Deportation [Harvey v. independently of the merits charged, provided
Defensor-Santiago, G.R. No. 82544 (1990)] his continued incarceration is injurious to his
health and endanger his life.
Note: In Enrile v. People [G.R. No. 213847
(2015)], the Court ruled that an accused should
c. Penalty for the offense charged repudiates the same in a sworn statement
d. Character and reputation of the accused or in open court as having been extracted
e. Age and health of the accused through force or intimidation;
f. Weight of the evidence against the c. When accused is found to have previously
accused escaped legal confinement, evaded
g. Probability of the accused appearing at the sentence, or jumped bail;
trial d. When accused is found to have violated
h. Forfeiture of other bail Section 2, R.A. 6036, which provides that
i. Fact that accused was a fugitive from the violation of the accused of the sworn
justice when arrested statement (required instead of bail) binding
j. Pendency of other cases where the himself, pending final decision of his case,
accused is on bail to report to the Clerk of the Court hearing
[Sec. 9, Rule 114] his case periodically every two weeks shall
justify the court to order his immediate
The amount should be high enough to assure arrest, if the failure of the accused to report
the presence of the accused when required but is not justified;
no higher than is reasonably calculated to fulfill e. When accused is a recidivist or habitual
this purpose. [Yap Jr. v. CA, G.R. No. 141529 delinquent or has been previously
(2001)] convicted for an offense to which the
law/ordinance attaches an equal/greater
6. When Bail Not Required penalty or for two/more offenses to which it
attaches a lighter penalty
When bail is not required f. When accused committed the offense
a. When a person has been in custody for a while on parole or under conditional
period equal to or more than the possible pardon;
maximum imprisonment of the offense g. When accused has previously been
charged pardoned for violation of municipal/city
b. If the maximum penalty is destierro, he ordinance for at least two times [Sec. 1,
shall be released after 30 days of R.A. 6036].
preventive imprisonment [Sec. 16, Rule
114]. 7. Increase or Reduction of Bail
c. In cases where a person is charged with
violation of a municipal/city ordinance, a After the accused is admitted to bail, the court
light felony and/or criminal offense, the may, upon good cause, increase or decrease
penalty of which is not higher than 6 the amount [Sec. 20, Rule 114]
months imprisonment and/or a fine of
P2,000, or both, where it is established that Increased bail
he is unable to post the required cash or The accused may be committed to custody if
bail bond [Sec. 1, R.A. 6036]. NOTE: The he does not give bail in the increased amount
title of R.A. 6036 reads “arresto mayor” within a reasonable period [Sec. 20, Rule 114]
instead of “6 months”.
Reduced bail
When bail is nonetheless required A person in custody for a period equal to or
a. When accused was caught committing the more than the minimum of the principal penalty
offense in flagrante; prescribed for the offense charged may be
b. When accused confesses to the released on a reduced bond [Sec. 16, Rule
commission of the offense unless he later 114]
Rationale
prosecution to prove his guilt and the
Its importance is based on the constitutional
precise degree of culpability [Sec. 3,
right of the accused to be informed. It is at this
Rule 116]
stage that the accused, for the first time, is
given the opportunity to know the precise
If the accused does not enter any plea or
charge that confronts him [Kummer v. People,
makes a conditional plea, a plea of not guilty
G.R. No. 174461 (2013)]
is entered by the court [Sec. 1(c), Rule 116]
Plea
Pertains to the matter which the accused, on
his arraignment, alleges in answer to the Arraignment
charge against him
WHERE MADE: Arraignment is made before
1. How Made the court where the complaint or information
was filed or assigned for trial. [Sec. 1(a), Rule
Procedure of Arraignment 116]
The court shall issue an order directing the HOW AND BY WHOM MADE: The
public prosecutor to submit the record of the arraignment shall be made in open court by the
PI to the branch Clerk of Court for the latter judge or clerk by furnishing the accused with a
to attach the same to the record of the case. copy of the complaint or information, reading
↓ the same in the language or dialect known to
him, and asking him whether he pleads guilty
The court shall inform the accused of his or not guilty. The prosecution may call at the
right to counsel and ask him if he desires to trial witnesses other than those named in the
have one. Unless the accused is allowed to complaint or information [Sec. 1(a), Rule 116]
defend himself in person or has employed
counsel of his choice, the court must assign When held
a counsel de oficio to defend him. [Sec. 6, General rule: The accused should be
Rule 114] arraigned within 30 days from the date the
↓ court acquires jurisdiction over his person [Sec.
1(g), Rule 116]
a. If the accused pleads not guilty, either:
1. The accused admits the act or Exceptions: Unless a shorter period is
omission charged in the complaint or provided by special law or Supreme Court
information but interposes a lawful circular [Sec. 1(g), Rule 116]
defense, the order of trial may be a. When an accused is under preventive
modified. [Sec. 11(e), Rule 119] detention, his case should be raffled within
2. He raises a negative defense, that is, 3 days from filing and accused shall be
he denies the charge, in which case arraigned within 10 days from receipt by
regular trial proceeds. the judge of the records of the case [RA
b. If the accused pleads guilty: 8493 (Speedy Trial Act)];
1. For a non-capital offense, the court b. Where the complainant is about to depart
may receive evidence to determine from the Philippines with no definite date of
the penalty to be imposed [Sec. 4, return, the accused should be arraigned
Rule 116] without delay [R.A. 4908]
2. For a capital offense, the court shall
conduct a searching inquiry into the
voluntariness and full
comprehension of the consequences
of his plea and shall require the
Instances that are excluded in computing understand the charge against him and
the 30 day period for arraignment to plead intelligently. In such case, the
1. Time of the pendency of the motion to court shall order his mental
quash examination and, if necessary, his
2. Time of the pendency of the motion for a confinement for such purpose;
bill of particulars 2. Existence of a prejudicial question;
3. Other causes justifying suspension of the 3. A petition for review of the resolution
arraignment [Sec. 1(g), Rule 116] of the prosecutor is pending at either
the DOJ Secretary or the Office of the
If the accused is under preventive detention President for a period of suspension
The pre-trial conference of his case shall be not exceeding 60 days from filing of
held within 10 days after arraignment. petition with the reviewing office. [Sec.
11, Rule 116]
Presence of the offended party c. Motion to quash the complaint or
The private offended party shall be required to information: on any of the grounds under
appear in the arraignment for the purpose of: Sec. 3, Rule 117 in relation to Sec. 1, Rule
a. Plea bargaining 117
b. Determination of civil liability, and d. Challenge the validity of the arrest or
c. Other matters requiring his presence legality of the warrant or assail the
regularity or question the absence of PI of
The court may allow the accused to enter a the charge [Sec. 26, Rule 114]
plea of guilty to a lesser offense which is If the accused does not question the legality of
necessarily included in the offense charged the arrest or search, this objection is deemed
with the conformity of the trial prosecutor alone waived [People v. Racho y Raquero, G.R. No.
when the offended party failed to appear 186529 (2010)]
despite due notice.
[Sec. 1(f), Rule 116; Part B(2), A.M. No. 03-1- Specific rules
09-SC] a. Accused must personally appear during
arraignment and enter his plea; counsel
Duty of the court before arraignment cannot enter plea for the accused. [Sec.
The court shall: 1[b], Rule 116]
a. Inform the accused of his right to counsel; b. Accused is presumed to have been validly
b. Ask him if he desires to have one; and arraigned in the absence of proof to the
c. Must assign a counsel de officio to defend contrary. [see Sec. 3(m), Rule 131]
him, unless the accused: c. If the accused has not been validly
1. Is allowed to defend himself in person; arraigned, the judgment is void. [Riano
or 394, 2016 Ed., citing Taglay v. Daray, G.R.
2. Has employed a counsel of his choice No. 164258, (2012)]. Note that trial in
[Sec. 6, Rule 116] absentia may be conducted only after valid
arraignment. [Sec. 14(2), Art. III,
Before arraignment and plea, the accused Constitution]
may avail of any of the following: d. If accused went into trial without being
a. Motion for bill of particulars: to enable arraigned, subsequent arraignment will
him to properly plead and prepare for trial cure the error provided that the accused
[Sec. 9, Rule 116] was able to present evidence and cross
b. Motion to suspend arraignment: upon examine the witnesses of the prosecution
motion by the proper party, the arraignment during trial.
shall be suspended in the ff. cases:
1. Accused appears to be suffering from If an information is amended in substance
unsound mental condition which which changes the nature of the offense (not
effectively renders him unable to fully merely as to form), arraignment on the
in formal complaints and information in information: WON the facts alleged which are
qualifying the acts constituting the offense, hypothetically admitted would establish the
or essential elements of the crime defined by law.
3. If he does not clearly understand the
consequences by way of a heavy and even 3. Evidence aliunde or matters extrinsic of the
a capital penalty flowing from his admission information are not to be considered.
of his guilt of the crime [People v. De EXCEPT when admissions made by the
Ocampo Gonzaga, G.R. No. L-48373 prosecution [People v. Dela Rosa, G.R.
(1984)] No. L-34112 (1980)],
Exception: If the accused appears guilty Note: A motion to quash based on double
beyond reasonable doubt from the evidence jeopardy or extinction of the criminal action or
adduced by the prosecution and defense liability, may, by their nature, be based on
matters outside of the allegations of the
When improvident plea may be withdrawn information or complaint [Riano]
At any time before judgment of conviction
becomes final, the court may permit an Form and contents
improvident plea of guilty to be withdrawn and 1. In writing
be substituted by a plea of not guilty [Sec. 5, 2. Signed by the accused or his counsel, and
Rule 116] 3. Distinctly specify the factual and legal
grounds
The withdrawal of a plea of guilty is not a matter [Sec. 2, Rule 117]
of right of the accused but of sound discretion
of the trial court [People v. Lambino, G.R. No. When filed
L-10875 (1958)] General rule: At any time before entering his
plea, the accused may move to quash the
The reason for this is that trial has already complaint or information [Sec. 1, Rule 117]
begun and the withdrawal of the plea will
change the theory of the case and put all past Exception: When the grounds relied upon the
proceedings to waste. motion are:
1. Failure to charge an offense
Moreover, at this point, there is a presumption 2. Lack of jurisdiction over the offense
that the plea was made voluntarily. charged
3. Extinction of the offense or penalty
4. Accused has been previously convicted, or
H. MOTION TO QUASH in jeopardy of being convicted, or acquitted
of the offense charged
Nature of motion to quash (MTQ) They shall not be deemed waived if the
1. Mode by which an accused assails the accused failed to file MTQ or to allege them in
validity of a criminal complaint or the motion. [Sec. 9, Rule 117]
information filed against him for
insufficiency on its face in point of law or Need not be resolved before issuing
defects which are apparent in the face of warrant of arrest
the information [Riano 328, 2011 Ed.] The judge had no positive duty to first resolve
the MTQ before issuing a warrant of arrest.
2. Hypothetical admission of the facts alleged Sec. 5(a), Rule 112 required the judge to
in the information evaluate the prosecutor's resolution and its
supporting evidence within a limited period of
Note: Fundamental test in determining only 10 days [De Lima v. Guerrero, G.R. No.
sufficiency of the material averments in an 229781 (2017)]
d. Officer who filed the Vague or broad allegations are generally not
information had no authority to grounds for a MTQ. The correct remedy is to
do so file for a bill of particulars [Sec. 9, Rule 116;
Enrile v. People, G.R. No. 213455 (2015)]
Authority to file and prosecute criminal cases is
The accused may, before arraignment, move
vested in:
for a bill of particulars to enable him properly to
1. Prosecutor
plead and prepare for trial. The motion shall
a. Prosecutor must have territorial
specify the alleged defects of the complaint or
jurisdiction to conduct PI of the offense
information and the details desired [Sec. 9,
[Cudia v. CA, G.R. No. 110315 (1998)]
Rule 116]
b. Prior written authority or approval of the
provincial or city prosecutor or chief
state prosecutor or the Ombudsman or f. More than one offense is
his deputy must first be obtained [Sec. charged
4, Rule 112]
2. Any peace officer, or public officer charged General rule: A complaint or information must
with the enforcement of the law, in charge only one offense [Sec. 13, Rule 110]
Municipal Trial Courts or Municipal Circuit
Trial Courts when the prosecutor assigned Exceptions:
thereto or to the case is not available [Sec. 1. When the law prescribes a single
5, Rule 110] punishment for various offenses [Sec. 13,
3. Commission on Elections regarding Rule 110]
violations of election laws [Sec. 2(6), Art. 2. Complex and compound crimes, except
IX-C, Constitution] where one offense was committed to
4. By the graft investigating officer for any conceal another
information filed in the Sandiganbayan, 3. An offense incidental to the gravamen of
with prior approval of the Ombudsman the offense charged
5. By duly deputized prosecutors and legal 4. A specific crime set forth in various counts,
officers of the COMELEC for election each of which may constitute a distinct
offenses [Sec. 265, Art. XXII, Omnibus offense
Election Code] 5. If the accused fails to object; the court may
convict as many as are charged and
Lack of authority of the officer is not cured by proved and impose on him the penalty for
silence, acquiescence, express consent or each (Rule 120, Section 3) [People v.
even by amendment. [Cudia v. CA, G.R. No. Villamor, G.R. No. 124441 (1998)]
110315 (1998)]
g. Criminal action or liability has
e. Complaint or information does been extinguished
not conform substantially to the
prescribed form When criminal liability is extinguished:
1. Death of the accused, but liability for
The formal and substantial requirements are pecuniary penalties is extinguished only if
provided for in Secs. 6-12, Rule 110. death occurs before final judgment;
2. Service of sentence, which must be by
General rule: Lack of substantial compliance virtue of a final judgment and in the form
renders the accusatory pleading nugatory. prescribed by law;
3. Amnesty;
Exception: Mere defects in matter of form may 4. Absolute pardon;
be cured by amendment [Sec. 4, Rule 117] 5. Prescription of the crime;
6. Prescription of the penalty;
General Rule There is identity between the two There can still be double jeopardy
offenses not only when the although the first offense is
second offense is exactly the punishable under an ordinance,
same as the first, but also when while the second is punishable
the second offense is an attempt under a law [Art. III, Sec. 21,
to or frustration of or is necessarily CONST.]
included in the offense charged in
the first information. [Teehankee
Jr. v. Madayag, G.R. 103102
(1992)].
The Court is not mandated to apply Sec. 8 Its main objective is to achieve an expeditious
retroactively simply because it is favorable to resolution of the case. This proceeding is
the accused. [People v. Lacson, G.R. No. mandatory in criminal cases and is conducted
149453 (2003)] before trial [Sec. 1, Rule 118]
What to file?
Motion for permanent dismissal [Prof. Sanidad]
c. Render and promulgate judgment of Note: The accused is not required to attend
conviction, including the civil liability or (unless ordered by the court) and is merely
damages duly established by the evidence required to sign the written agreement arrived
[Item B.5, A.M. No. 03-1-09-SC] at in the pre-trial conference, if he agrees to the
contents of such. The complainant is also not
General rule: Court approval is required. required to appear during pre-trial. It is the
prosecutor who is required to appear at the pre-
Exception: Agreements not covering matters trial [People v. Judge Tac-An, G.R. No. 148000
referred to in Sec. 1, Rule 118 (supra), need (2003)]
not be so approved [Item B.8, A.M. No. 03-1-
09-SC] The court may impose proper sanctions or
penalties, if counsel for the accused or the
Effect prosecutor to enforce the mandatory character
The stipulations become binding on the parties of the pre-trial in criminal cases:
who made them. They become judicial a. Does not appear at the pre-trial
admissions of the fact or facts stipulated conference; and
[Bayas v. Sandiganbayan, G.R. No. 143689-91 b. Does not offer an acceptable excuse for his
(2002)]) lack of cooperation [Sec. 3, Rule 118]
accused resorts to tactical maneuvers, he b. The prosecution files the motion before
waives his right to speedy trial. [People v. Resting its case
Jardin, G.R. Nos. L-33037-42 (1983)] c. The prosecution is required to present
evidence and the sworn statement of each
Right to Speedy Trial v. Right to Speedy proposed state witness at a Hearing in
Disposition of Cases support of the discharge
Right to Speedy d. The court is Satisfied that the conditions
Right to Speedy required by the Rules are present. [Sec.
Disposition of
Trial 17, Rule 119]
Cases
Reckoning Point
Requisites as to the Testimony to be a State
First day of trial Date when the case
Witness [ANCoMM]
is submitted for
a. Absolute necessity for the testimony of the
decision accused whose discharge is requested
Application • He alone has the knowledge of the
N/A When considering crime, and not when his testimony
delay for the purpose would simply corroborate or strengthen
of dismissal on the the evidence in the hands of the
ground of violation of prosecution [Flores v. Sandiganbayan,
right to speedy G.R. No. L-63677 (1983)];
disposition, delay b. There is No other direct evidence available
“pre-trial” may be for the proper prosecution of the offense,
considered (i.e., except the testimony of the said accused
c. The testimony can be substantially
delay during
Corroborated in its material points
preliminary
d. The accused does not appear to be the
investigation) Most guilty
[Cosculluela v. e. The accused has not, at any time, been
Sandiganbayan, convicted of any offense involving Moral
G.R. No. 191411 turpitude [Sec. 17, Rule 119]
(2013)]
6. Effects of Discharge of
Burden of proof
a. The accused has the burden of proving the
Accused as State Witness
ground of denial of right to speedy trial for
the motion. Effects of Discharge as State Witness
b. The prosecution has the burden of going a. Evidence adduced in support of the
forward with the evidence to establish the discharge shall automatically form part of
exclusion of time under Sec. 3, Rule 119. the trial [Sec. 17, Rule 119]
[Sec. 9, Rule 119] • Note: If the motion to discharge is
denied, the sworn statement is
inadmissible as evidence.
5. Requisites for Discharge of b. Discharge operates as an acquittal and a
the Accused to Become a bar to further prosecution for the same
State Witness offense [Sec. 18, Rule 119]
Exception: When the accused fails or refuses
Requisites for Discharge to be Proper to testify against his co-accused
[TRHS]
a. Two or more persons are jointly charged Notes:
with the commission of any offense. ● Any error in asking for and in granting the
discharge cannot deprive the one
Demurrer in a Civil Case v. Criminal Case Cases to which the Guidelines Apply
Civil Criminal 1. Newly filed criminal cases, including those
Case Case governed by Special Laws and Rules, in
Failure of Insufficiency of the First and Second Level Courts, the
plaintiff to evidence Sandiganbayan and the Court of Tax
Premise show that he Appeals as of Sept 1, 2017
2. Pending criminal cases with respect to the
is entitled to
remainder of the proceedings
relief
Requires no May be filed with Note: These guidelines are not applicable to
Leave of
leave of or without leave cases covered by the Rule on Summary
Court
court of court Procedure
Denial of Accused may
demurrer lose his right to b. Prohibited and Meritorious
does not present Motions
Right to
make the evidence if he
present
defendant filed the Prohibited Motions [JPreReQBAS]
evidence
lose his right demurrer The following motions are prohibited and shall
to present without leave of be denied outright before the scheduled
evidence court
Exception to the exception: Where there are appeal, in his name and not in the name of
facts that supervened after the filing of the the People.
information which change the nature of the
offense. The Court is not precluded from expressing
disapproval of certain acts
b. Acquittal General rule: The court has authority to
express disapproval of certain acts even if
The judgment of acquittal shall state whether: judgment is for acquittal.
1. The evidence of the prosecution absolutely
failed to prove the guilt of the accused; or Exception: The court is not permitted to
2. Merely failed to prove his guilt beyond censure the accused in a judgment for acquittal
reasonable doubt. – no matter how light, a censure is still a
punishment.
In either case, the judgment shall determine if
the act or omission complained from which the 3. Promulgation of Judgment;
civil liability might arise did not exist.
[Sec. 2, Rule 120]
Instances of Promulgation of
Judgment in Absentia
M. APPEAL
1. Effect of an Appeal
An appeal in a criminal proceeding throws the whole case open for review and it becomes the duty of
the appellate court to correct an error as may be found in the appealed judgment WON it is made the
subject of assignment of errors [People v. Calayca, G.R. No. 121212 (1999)]
2. Where to Appeal
For cases decided by Appeal to
Regional Trial Court
MTC/MeTC/MCTC
[Sec. 2(a), Rule 122]
Court of Appeals or Supreme Court (in proper
RTC cases provided by law)
[Sec. 2(a), Rule 122]
RTC or MTC/MeTC/ MCTC (if it is government
Sandiganbayan
duty-related, i.e., filed under E.O. 1, 2, 4 and 14-
[Sec. 4 (c) PD 1606 as amended by RA 8249]
A)
Supreme Court
Court of Appeals
[Sec. 2(a), Rule 122]
Period to File
Decided by Appeal to Mode
Appeal
RTC (1) Filing of notice Within 15 days from
MTC/MeTC/MCTC
[Sec. 3(a), Rule 122] of appeal with the (a) promulgation of
Court of Appeals court which the judgment, or (b)
[Sec. 3(a), Rule 122] rendered the order from notice of the
RTC (original appealed from, and final order appealed
jurisdiction) (2) serving a copy from.
thereof to the
adverse party The period to appeal
RTC (appellate Court of Appeals Petition for review shall be suspended
jurisdiction) [Sec. 3(b), Rule 122] (Rule 42) from the time a MNT
RTC (where penalty Court of Appeals (1) Filing of notice or MR is filed until
imposed is [Sec. 3(c), Rule 122] of appeal with the notice of the order
(a) reclusion court which overruling the
perpetua, (b) life motion has been
Who may appeal shall file seven (7) copies of his brief with the
clerk of court which shall be accompanied by
General rule: Any party may appeal from a proof of service of two (2) copies thereof
judgment or final order [Sec. 1, Rule 122] upon the appellee [Sec. 3, Rule 124]
↓
Exceptions:
Brief for the appellee
a. A party may not appeal if the accused will
Within thirty (30) days from receipt of the
be placed in double jeopardy by such
brief of the appellant, the appellee shall file
action [Sec. 1, Rule 122];
seven (7) copies of the brief of the appellee
b. If the judgment is for conviction and the
with the clerk of court which shall be
accused fails to appear during
accompanied by proof of service of two (2)
promulgation without justifiable cause, he
copies thereof upon the appellant [Sec. 4,
would lose the remedy to appeal [Sec. 6,
Rule 124]
Rule 120]
↓
a. Procedure in the lower courts Reply to appellee’s brief
(MeTC/MTC/MCTC and RTC) Within twenty (20) days from receipt of the
Brief of the appellee, the appellant may file
General rule: The procedure to be observed in a reply brief traversing matters raised in the
the MeTC/MTC/MCTC shall be the same as former but not covered in the brief of the
that in the RTC. appellant [Sec. 4, Rule 124]
If failure to file brief on time is the ground, (4) PROMPT DISPOSITION OF APPEAL
appellant must be given notice to give him
opportunity to reason out why his appeal Appeals of accused who are under detention
should not be dismissed [Baradi v. People, shall be given precedence in their disposition
G.R. No. L-2658 (1948)] over other appeals. The Court of Appeals shall
hear and decide the appeal at the earliest
However, dismissal is proper despite lack of practicable time with due regard to the rights of
notice: the parties. The accused need not be present
1. If appellant has filed a MFR or motion to set in court during the hearing of the appeal [Sec.
aside the order dismissing the appeal, in 9, Rule 124]
which he stated the reason why he failed to
file his brief on time and the appellate court (5) REVERSAL OR MODIFICATION OF
denied the motion after considering reason JUDGMENT ON APPEAL
[Baradi v. People, G.R. No. L-2658 (1948)]
2. If the appeal was dismissed without notice General rule: No judgment shall be reversed
but appellant took no steps to have the or modified.
appeal reinstated. Such action amounts to
abandonment [Salvador v. Reyes, G.R. Exception: When the CA, after an examination
No. L-2606 (1949)] of the record and of the parties’ evidence, is of
the opinion that error was committed and such
(b) Appellant escapes, jumps bail, or flees error injuriously affected the appellant’s
The CA may also, upon motion of the appellee substantial rights
or motu proprio, dismiss the appeal if the [Sec. 10, Rule 124]
appellant escapes from prison/confinement,
jumps bail or flees to a foreign country during When it involves credibility of witnesses,
the pendency of the appeal [Sec. 8, Rule 124] appellate courts will not generally disturb the
TC’s findings [People v. Cabiling, G.R. No. L-
Likewise, when accused flees after the case 38091 (1976)]
has been submitted for decision, he is deemed
to have waived his right to appeal [People v. Ratio: The TC is in a better position to decide
Ang Gioc, G.R. No. L-48547 (1941)] the question, having seen and heard the
witnesses themselves [People v. Cabiling,
However, the appeal will not be dismissed G.R. No. L-38091 (1976)]
despite escape
1. In one exceptional case, the appellant took (6) SCOPE OF THE CA’S JUDGMENT
advantage of a mass jailbreak (because,
according to his counsel de oficio he was The CA may:
innocent and wanted to elude an unjust 1. Reverse/affirm/modify the judgment;
punishment) but was recaptured two hours 2. Increase/reduce the penalty imposed by
after, the SC ruled that these the TC;
circumstances were not sufficient to justify 3. Remand the case to the RTC for new trial
dismissal of the appeal which, upon the or retrial;
conclusion arrived at by the Court on the 4. Dismiss the case [Sec. 11, Rule 124]
merits, would entail a clear miscarriage of
justice [People v. Valencia, G.R. No. L- (7) CA’S POWER TO RECEIVE EVIDENCE
1369 (1949)]
The CA has power to try cases and conduct 2. The motion shall conform to Sec. 4, Rule
hearings, receive evidence and perform any 121 [Sec. 14, Rule 124];
and all acts necessary to resolve factual issues 3. If the CA grants a MNT, it may either:
in cases: a. Conduct the hearing and receive
1. Falling within its original jurisdiction; evidence;
2. Involving claims for damages arising from b. Refer the trial to the court of origin
provisional remedies; [Sec. 15, Rule 124]
3. Where the court grants a new trial based
only on the ground of newly-discovered
evidence
[Sec. 12, Rule 124] Motion For New Trial
RTC [Rule 121] CA [Rule 124]
CA’s trials and hearings must be continuous Grounds
and completed within three months, unless a. Errors of law or a. Newly-
extended by the Chief Justice. [Sec. 9, BP 129 irregularities discovered
as amended by RA 7902] prejudicial to the evidence
substantial rights material to his
(8) POST-CA JUDGMENT of the accused defense
have been
Certification or appeal of cases to the SC committed
Whenever the CA finds that the penalty of during the trial;
death, reclusion perpetua, or life imprisonment b. New and
should be imposed in a case, the court, after material
discussion of the evidence and the law evidence has
involved, shall render judgment imposing the been discovered
penalty of death, reclusion perpetua, or life
When Filed
imprisonment as the circumstances warrant.
Filed after Filed after appeal
However, it shall refrain from entering the
judgment and forthwith certify the case and judgment, but from lower court is
elevate the entire record thereof to the before finality of perfected but before
Supreme Court for review [Sec. 13, Rule 124] conviction judgment
Case remanded?
Judgment transmitted and filed in the TC CA can either
When the CA’s entry of judgment is issued, a No. Cannot remand conduct the
certified true copy of the judgment shall be to lower court in its evidentiary hearing
attached to the original record. These shall be exercise of appellate by itself, or it will
remanded to the clerk of the court from which jurisdiction remand the case to
the appeal was taken [Sec. 17, Rule 124]
the court of origin
Motion for New Trial during the pendency of
Reconsideration of CA judgment
appeal
MFR may be filed within 15 days from notice of
1. Appellant may file MNT on the ground of
the CA judgment or final order, with copies
newly discovered evidence material to his
served on the adverse party, setting forth the
defense any time:
grounds in support thereof. The mittimus shall
a. After the appeal from the lower court
be stayed during the MFR’s pendency [Sec.
has been perfected; but
16, Rule 124]
b. Before the CA judgment convicting him
becomes final;
Note: This is not available to the State in case in the judgment appealed from, whether or not
the CA reverses the conviction of the accused they were assigned as errors [People v.
since double jeopardy shall have attached. Olfindo, G.R. No. L-22679 (1924)]
[Villareal v. Aliga, G.R. No. 166995 (2014)]
It may examine the judgment as to the
General rule: No party shall be allowed a qualification of the crime and the degree of the
second MFR of a judgment or final order [Sec. penalty imposed [Macali v. Revilla, G.R. No. L-
16, Rule 124; Sec. 11, BP 129] 25308 (1926)]
Exception: Where the first MFR resulted in a It may also assess and award civil indemnity
reversal or substantial modification of the [Quemuel v. CA, G.R. No. L-22794 (1946)]
original decision or final resolution. In this case,
the party adversely affected by the Modes by which a case may reach the SC
reversal/modification may himself file a MFR of Automa Ordinary Petition for
the latest judgment of the court, because with tic appeal Review on
respect to him, said motion is a first pleading of review Certiorari
that nature Automati It is available It is available
c review when: when
Note: Again, this is not available to the State if
is not a a. In cases a. The
the first MFR resulted in setting aside of
matter of where the constitution
judgment of conviction. [Villareal v. Aliga, G.R.
No. 166995 (2014)] right on CA ality or
the part imposes validity of
Applicable Civil Procedure Rules of the reclusion any treaty,
Provisions of Rules 42, 44-46 and 48-56 accused, perpetua, executive
relating to procedure in the CA and the SC in but a life agreement,
original and appealed civil cases, shall be matter of imprisonme law,
applied to criminal cases insofar as they are law. nt or a ordinance
applicable and not inconsistent with the lesser or executive
provision of this Rule [Sec. 18, Rule 124] It is penalty, it order or
available shall render regulation is
c. Procedure in the Supreme when the and enter in question
Court RTC judgment [Sec.
decision imposing 5(2)(a), Art.
Uniform procedure is such VIII, 1987
appeale penalty. Constitution
General rule: The procedure in the SC in
d to CA The ]
original and in appealed cases shall be the
same as in the CA. and the judgment b. When
latter is may be validity of
Exception: The Constitution or law otherwise of the appealed to law is
provides. opinion the SC by questioned
[Sec. 1, Rule 125] that the notice of by an
penalty appeal with accused
What the SC may do on review imposed the CA. convicted
In a criminal case, an appeal to the SC throws should [Sec. 13 (c), under it by
open the whole case for review and it becomes be Rule 124] the TC, the
its duty to correct such errors as may be found death. SC cannot
Exception: For compelling reasons, which Issuance and form of search warrant
must be stated in the application, it may also be If the judge is satisfied of the existence of facts
filed: upon which the application is based or that
a. If the place of the commission of the crime there is probable cause to believe that they
is known, any court within the judicial exist, he shall issue the warrant, which must be
region where the crime was committed substantially in the form prescribed the Rules
b. Any court within the judicial region where [Sec. 6, Rule 126]
the warrant shall be enforced
Thus, the search warrant must be in writing and
However, if the criminal action has already contain
been filed, the application shall only be made a. Name of person against whom it is directed
in the court where the criminal action is pending b. Offense for which it was issued
[Sec. 2, Rule 126] c. The place to be searched, and
d. The description of the specific things to be
Under A.M. No. 03-8-02-SC, Executive Judges seized
and, whenever they are on official leave of e. A directive to law enforcement officers to
absence or are not physically present in the search and seize and for them to bring in
station, the Vice-Executive Judges of Manila court the things seized
and Quezon City RTCs shall have authority to f. Signature of the judge issuing it
act on applications for search warrants
involving The absence of such requisites will cause the
a. Heinous crimes search warrant’s downright nullification [Santos
b. Illegal gambling v. Pryce Gases, Inc., G.R. No. 165122 (2007)]
c. Illegal possession of firearms and
ammunitions
d. Violations of the Comprehensive
Dangerous Drugs Act of 2000
e. Violations of the Intellectual Property Code
Note: Probable cause to arrest does not Although there is no hard-and-fast rule
necessarily involve a probable cause to search governing how a judge should conduct his
and vice-versa. investigation, it is axiomatic that the
examination must be probing and exhaustive,
5. Personal Examination by not merely routinary, general, peripheral,
Judge of the Applicant and perfunctory or pro forma. The judge must not
simply rehash the contents of the affidavit but
Witnesses must make his own inquiry on the intent and
justification of the application [Yao v. People,
The Rules require the judge to comply with a G.R. No. 168306 (2007)]
specific procedure in the conduct of the
examination of the complainant and the Examination under oath
witnesses he may produce The judge must examine under oath or
a. The examination must be personally affirmation the complainant and the witness he
conducted by the judge; may produce [Sec. 2, Art. III, Constitution]
b. The examination must be in the form of
searching questions and answers; Oath includes any form of attestation by which
c. The complainant and the witnesses shall a party signifies that he is bound in conscience
be examined on those facts personally to perform an act faithfully and truthfully.
known to them; [Alvarez v. CFI, G.R. No. 45358 (1937)]
d. The statements must be in writing and
under oath; and Mere affidavits of the complainant or his
e. The sworn statements of the complainant witnesses are not sufficient. The examining
and the witnesses, together with the judge has to take depositions in writing of the
affidavits submitted, shall be attached to complaint or his witnesses, and attach the
the record. same to the record [Prudente v. Judge Dayrit,
[Sec. 5, Rule 126] G.R. No. 82870 (1989)]
Items (1) to (3), (5) to (7) and (8)(a) are enumerated in Veridiano v. People [G.R. No. 200370 (2017)]
The other items are sanctioned by the SC in other cases. See the discussion below.
Requisites Notes
Search Even without a warrant, the person arrested When an arrest is made, it is
Incidental to may be searched for: reasonable for the arresting officer to
Lawful Arrest 1. Dangerous weapons search the person arrested in order to
2. Anything which may have been used in remove any weapon that the latter
the commission of an offense, or might use in order to resist arrest or
3. Anything which may constitute proof in the effect his escape. Otherwise, the
commission of the offense [Sec. 13, Rule officer’s safety might well be
126] endangered, and the arrest itself
frustrated.
The arrest must precede the search;
generally, the process cannot be reversed. In addition, it is entirely reasonable for
Nevertheless, a search substantially the arresting officer to search for and
contemporaneous with an arrest can precede seize any evidence on the arrestee’s
the arrest if the police have probable cause to person in order to prevent its
make the arrest at the outset of the search [Sy concealment or destruction [People v.
v. People, G.R. No. 182178 (2011) citing Calantiao, G.R. No. 203984 (2014),
People v. Racho (erroneously referred to as citing Valeroso v. CA, G.R. No.
Rancho), G.R. No. 186529 (2010)] 164815 (2009)]
Search of a When a vehicle is stopped and subjected to an Peace officers may lawfully conduct
Moving extensive search, such a warrantless search searches of moving vehicles without
Vehicle should be constitutionally permissible only if need of a warrant as it is impracticable
Consented the officers conducting the search have to secure a judicial warrant before
Search reasonable or probable cause to believe, searching a vehicle since it can be
before the search, that either: quickly moved out of the locality or
1. the motorist is a law-offender; or jurisdiction in which the warrant may
2. they will find the instrumentality or be sought [People v. Tuazon, G.R.
evidence pertaining to a crime in the No. 175783 (2007)]
vehicle to be searched
[Caballes v. CA, G.R. No. 136292 (2002)] However, these searches would be
limited to visual inspection and the
vehicles or their occupants cannot be
subjected to physical or body
searches, except where there is
probable cause to believe that the
occupant is a law offender or the
contents of the vehicles are
instruments or proceeds of some
criminal offense.
to privacy
Checkpoints; Searches conducted in checkpoints are valid Routine inspections are not regarded
Body Checks as long as they are warranted by the as violative of an individual’s right
in Airport exigencies of public order and conducted in a against unreasonable search
way least intrusive to motorists. 1. Where the officer merely draws
aside the curtain of a vacant
Although the general rule is that motorists and vehicle which is parked on the
their vehicles as well as pedestrians passing public fair grounds
through checkpoints may only be subjected to 2. Officer simply looks into a vehicle
a routine inspection, vehicles may be stopped 3. Officer flashes a light therein
and extensively searched when there is without opening car’s doors
probable cause which justifies a reasonable 4. Occupants not subjected to a
belief of the men at the checkpoints that either physical search
the motorist is a law offender or the contents 5. Inspection is limited to visual
of the vehicle are or have been instruments of search or visual inspection, or
some offense [People v. Vinecario, G.R. No. 6. Routine check is conducted in a
141137 (2004)] fixed area
[Caballes v. CA, G.R. No. 136292
(2002)]
Plain View 1. Police must have prior justification to a Limitations
Situation prior valid intrusion i.e., based on the valid 1. It may not be used to launch
warrantless arrest in which the police are unbridled searches and
legally present in the pursuit of their official indiscriminate seizures
duties 2. It does not extend to a general
2. Evidence was inadvertently discovered by exploratory search made solely to
the police who have a right to be where find evidence of defendant’s guilt
they are [People v. Musa, G.R. No. 96177
3. Evidence must be immediately and (1993)]
apparently illegal (i.e., drug
paraphernalia) Rationale
4. Plain view justified mere seizure of The doctrine is a recognition of the
evidence without further search fact that when the police come across
[People v. Martinez, G.R. No. 191366 (2010)] immediately recognizable
incriminating evidence not named in
the warrant, they should not be
required to close their eyes to it,
regardless of whether it is evidence of
the crime they are investigating or
evidence of some other crime. The
doctrine is also a recognition of the
fact that it would be needless
inconvenience to require the police to
obtain another warrant [US v. Gray,
484 F.2d 352 (6th Cir., 1978)]
Stop and Stop and frisk is a limited protective search of Dual purpose of stop-and-frisk
Frisk outer clothing for weapons [Malacat v. CA, 1. The general interest of effective
Situation G.R. No. 123595 (1997)] crime prevention and detection
and
Where a police officer observes unusual 2. The more pressing interest of
conduct, which leads him reasonably to safety and self-preservation
conclude in the light of his experience that which permit the police officer to
criminal activity may be afoot, and that a take steps to assure himself that
person with whom he is dealing may be armed the person with whom he deals is
and presently dangerous, he is entitled to not armed with a deadly weapon
conduct a stop and frisk search. that could unexpectedly and
fatally be used against the police
officer.
[Malacat v. CA, G.R. No. 123595
(1997)]
Enforcement For the enforcement of customs duties and General rule: The CMTA does not
of Customs tariff laws, the Collector of Customs is require a warrant for such searches
Law authorized to effect searches and seizure
[General Travel Services v. David, G.R. No. L- Exception: In the search of a dwelling
19259 (1966)] house, a search warrant is required
[Sec. 220, CMTA]
The Customs Modernization and Tariff Act
(CMTA) authorizes customs officers to: Note: RTCs are devoid of any
1. Enter, pass through or search any land, competence to pass upon the validity
enclosure, warehouse [Sec. 219, CMTA] or regularity of seizure and forfeiture
2. Inspect/search/examine any vessel or proceedings conducted by the Bureau
aircraft and any of Customs and to enjoin or otherwise
trunk/package/box/envelope or any interfere with these proceedings. It is
person on board, or stop and examine any the Collector of Customs, sitting in
vehicle/beast/person suspected of seizure and forfeiture proceedings,
holding/conveying any dutiable/prohibited who has exclusive jurisdiction to hear
article introduced into the Philippines and determine all questions touching
contrary to law [Sec. 221, CMTA] on the seizure and forfeiture of
dutiable goods [Asian Terminals, Inc.
v. Bautista-Ricafort, G.R. No. 166901
(2006)]
d. File a motion to return things The judge may be held liable for
seized a. Knowingly rendering an unjust interlocutory
order [Art. 206, RPC]
The venue where the motion will be filed b. Inexcusable negligence or ignorance [Art.
follows the same rules as in a motion to quash. 205, RPC]
An accused may file a motion to suppress It may also result in civil liability for
evidence if he is not among the persons who a. Violation of rights and liberties [Art. 32(9),
can file a motion to quash. CC]
b. Malicious prosecution and acts referred to
General rule: Goods seized by virtue of an Art. 32 [Art. 2218, CC]
illegal warrant must be returned.
Malice or bad faith is not required.
Exception: The illegality of the search warrant
does not call for the return of the things seized, Not only official actions, but all persons who are
the possession of which is prohibited by law responsible for the violation are liable for
[Castro v. Pabalan, G.R. No. L-28642 (1976)] damages [MHP Garments v. CA, G.R. No.
86720 (1994)]
e. Motion to suppress evidence
Waiver of immunity against unreasonable
search and seizure
This refers to a motion to suppress as evidence
The constitutional immunity against
the objects illegally taken pursuant to the
unreasonable searches and seizure is a
exclusionary rule, which states that any
evidence obtained through unreasonable personal right that may be waived
expressly/impliedly only by the person whose
searches and seizures shall be inadmissible for
right is being invaded or one who is expressly
any purpose in any proceeding
authorized to do so in his behalf [Pasion v.
Locsin, G.R. No. L-45950 (1938)]
CIVIL AND CRIMINAL LIABILITY FROM
UNREASONABLE SEARCH AND SEIZURE
The following offenses may result from Requisites
a. It must appear that the right exists
unreasonable search and seizure
b. The person involved had knowledge
a. Violation of domicile [Art. 128, RPC]
(actual or constructive) of the existence of
b. Search warrant maliciously obtained [Art.
such right
129, RPC]
c. Searching domicile without witnesses [Art. c. The person had an actual intention to
relinquish the right
130, RPC]
d. Unjust interlocutory order [Art. 206, RPC] [Pasion v. Locsin, G.R. No. L-45950 (1938)]
1. Within 30 days from the filing of the return, that the reasons for the off-site search are
attaching a copy of the return to the notice; stated in the initial return
or
2. From the lapse of 48-hour period to file Remedy of Person whose devices have
the return, if no return was filed. The notice been searched and seized off-site
shall state the details of the interception The concerned individual may, upon motion,
activities, including the contents of the seek the return of the said items from the court
intercepted communication or computer issuing the WSSCED provided that a forensic
data. image of the data subject of the WSSECD has
already been made.
Remedy of the Person Involved
Within 10 days from notice, the person whose What Activities are Allowed During the
communication or computer data have been Implementation of the WSSECD
intercepted may challenge, by motion, the 1. Interception of communications and
legality of the interception before the issuing computer data may be conducted during
court. the implementation of the WSSECD which
shall:
f. Search, Seizure, and a. limited to communications and
Examination of Computer Data computer that are reasonably related to
the subject matter of WSSECD; and
Warrant to Search, Seize and Examine b. the activities are fully disclosed which
Computer Data (WSSECD) shall be duly explained in the initial
It is an order in writing issued in the name of return.
the People of the Philippines, signed by a 2. Law enforcement may order any person
judge, upon application of law enforcement who has knowledge of the functioning of
authorities, authorizing the latter to search the the computer data therein, to provide
particular place for items to be seized and/or necessary information to enable the
examined. undertaking of the search, seizure and
examination
Content of Application for a WSSECD
The content shall state the essential fact similar Initial Return of WSSECD
to WDCD except that the subject matter is the The authorized law enforcement shall submit
computer data sought to be searched, seized within 10 days from issuance of WSSECD an
and examined, and all other items related initial return which contains:
thereto. 1. A list of all items that were seized, with a
detailed identification of the devices of the
Further, it shall contain an explanation of the computer system seized;
search and seizure strategy to be 2. Statement on whether a forensic image of
implemented taking into account the nature of the computer data was made on-site, and
the computer data involved, the computer or if not, the reason for making forensic image
computer system’s security features, and/or off-site;
other relevant circumstances. 3. Statement on whether the search was
conducted on-site, and not, the reasons for
Off-site and On-site Principle conducting the search and seizure off-site;
General rule: Law enforcement shall endeavor 4. Statement on whether interception was
to first make a forensic image of the computer conducted during the implementation of the
data on-site as well as limit their search to the WSSECD, together with (a) a detailed
place specified in the warrant. identification of all the interception activities
that were conducted; (b) the hash value/s
Exception: Off-site search may be conducted of the communications or computer data
provided that a forensic image is made, and intercepted; and (c) an explanation of the
said item’ reasonable relation to the forensic examination the computer data
computer data subject of WSSECD; contained therein.
5. List of all the actions taken to enforce the
WSSECD, from the time the law Content of WECD
enforcement officers reached the place to It shall state the essential facts similar to
be seized until they left the premises with WDCD except that the subject matter is the
the seized items and reached the place computer sought to be examined.
where the items seized were stored and
secured for examination; and The application shall disclose the
6. A reasonable estimation of how long the circumstances surrounding the lawful
examination of the items seized will be acquisition of the computer device or computer
concluded and the justification therefor. system containing the said computer data.
Period to Examine Seized Items After Initial Initial and Final Return of WECD
Return The initial and final return of WECD shall be
The Court shall issue an order fixing the period similarly governed by the procedures under
to conclude the examination of all the items WSSECD.
seized. The period may be extended not
exceeding 30 days, upon motion, for g. Custody of Computer Data
justifiable reasons.
Upon filing of the return for WDCD or WICD,
or the final return for a WSSECD or WECD
Final Return on the WSSECD with the issuing court, the following are likewise
Within 48-hours after the expiration of the submitted:
period to examine seized items after the initial 1. All computer data shall be simultaneously
return, the law enforcement officer shall: deposited in a sealed package with the
1. Submit a final return in the WSSECD to issuing court;
the issuing court; and 2. A complete and verified inventory of all the
2. Simultaneously turn-over the custody of other items seized
the seized computer data, as well as all 3. Affidavit of the duly authorized law
other items seized and/or the enforcement.
communications or computer data
intercepted in relation thereto. Duty of the Prosecutor When Criminal
Action is Instituted
Warrant to Examine Computer Data (WECD) Within 10 days from the time of the criminal
It refers to a warrant applied for by law action is instituted, it is the duty of the
enforcement authorities before searching a prosecutor, or his/her duly authorized
computer device or computer system (for the representatives, once a criminal action is
purpose of obtaining for forensic examination instituted, to file a motion before the issuing
the computer data) which was obtained via a court to:
lawful warrantless arrest or by any other lawful 1. Move for the immediate transmittal of the
method. records, and
It is available when: 2. Move for the transfer of the intercepted,
1. The law enforcement authority acquires disclosed, searched, seized, and/or
possession of a computer device or examined computer data and items,
computer system; including the complete and verified
2. Through a lawful warrantless arrest, or inventory thereof to the court
other lawful method; Within 5 days, the court shall act upon the
3. The law enforcement authority shall first motion filed.
apply for WECD before searching for
Access and Use of Computer Data How Destruction of Computer Data is Made
General Rule: The package containing the 1. Made in the presence of the Branch Clerk-
computer data deposited in the issuing court of-Court, or in his/her absence, in the
shall not presence of any other person duly
1. be opened, or designated by the court to witness the
2. the recordings replayed, or same
3. its contents revealed, or, 2. The accused or the person from whom the
4. in any manner as used as evidence items were seized, or his/her
representative or counsel, or law
Exception: The court may grant so upon filing enforcement agency may be allowed to
a motion for the purpose stating: witness.
1. the relevance of the computer data sought
to be opened, replayed, revealed, or used Provided, they appear during the
as evidence; and scheduled date of destruction upon written
2. the names of the persons who will be notice to them by the Branch Clerk of
allowed to have access thereto, if the Court.
motion is granted. 3. Within 24 hours from the destruction of
3. Must include proof of service of copies sent data, the Branch Clerk of Court or the
to the person/s whose computer data is witness duly designated by court shall
subject of the motion. issue a sworn certification as to the fact
of destruction
Within 10 days from receipt of notice thereof, 4. The Branch Clerk of Court shall file the said
the person must file comment thereto. After certificate with the same court
which, the court shall rule on the motion, unless 5. The storage device or other items turned
a clarificatory hearing is needed. over to the court’s custody shall be
destroyed by:
h. Destruction of Computer Data a. Shredding
b. Drilling of four holes through the
Duty of Service Providers and Law device,
Enforcement Authorities to Destroy c. Prying the platters apart, or
The service providers and law enforcement d. Other means that will sufficiently make
authorities, as the case maybe, shall it inoperable.
immediately and completely destroy the
computer data subject of preservation and O. PROVISIONAL
examination upon expiration of the periods
provided in Sec. 13 and 15 of RA 10175.
REMEDIES IN CRIMINAL
1. Sec 13: Service providers preserve the CASES
data for a minimum of 6 months, unless a
one-time extension of another 6 months is 1. Nature
ordered by the law enforcement authority,
or in the event that that the data was used Provisional remedies in civil actions, insofar as
as evidence in which case the data is they are applicable, may be availed of in
preserved until the final termination of the connection with the civil action deemed
case. instituted with the criminal action [Sec. 1, Rule
2. Sec 15: After lapse of the time period 127]
specified in the warrant, unless the court
granted extension of time to complete If the civil action is suspended on account of
examination for no longer than 30 days filing of the criminal action, the court with which
(from the time of the court’s approval). the civil case is filed is not thereby deprived of
its authority to issue auxiliary writs that do not
go into the merits of the case [Ramcar, Inc v. [Sec. 2, Rule 127]
de Leon, G.R. No. L-1329 (1947)]
Issuance and implementation
Provisional remedies are not available The writ may be issued ex parte before
when acquisition of jurisdiction over the accused
a. Offended party has waived the civil claim [Cuarter v. CA, G.R No. 102448 (1992))
b. Offended party has reserved the civil claim
c. Offended party has already instituted a However, it may be implemented only after
separate civil action acquisition of jurisdiction over the person of the
d. Criminal action carries with it no civil accused [Gonzalez v. State Properties, G.R.
liability. No. 140765 (2001)]
Note: If civil action has been waived, reserved, A public prosecutor has the authority to apply
or instituted separately, the provisional remedy for preliminary attachment to protect the
applicable should be applied for in the separate interest of the offended party, particularly
civil action instituted [Riano 571, 2011 Updated considering that the corresponding civil liability
Ed.] of the culprits is to be determined therein, no
reservation having been made of the right to
2. Kinds of Provisional enforce it in a separate civil action [Santos v.
Judge Flores, G.R. No. L-18251 & L-18252
Remedies (1962)]
The accused may present evidence to prove No notice to the adverse party or hearing on
his defense and damages, if any, arising from the application is required before a writ of
the issuance of a provisional remedy in the preliminary attachment may issue as a hearing
case [Sec. 11(b), Rule 119] would defeat the purpose of the provisional
remedy. The time which such hearing would
a. Preliminary attachment take could be enough to enable the defendant
to abscond or dispose of his property before a
When proper writ of attachment may issue [Mindanao
The offended party may have the property of Savings and Loan Assoc. v. CA, G.R. No.
the accused attached as security for the 84481 (1989)]
satisfaction of any judgment that may be
recovered from the accused in the following b. Injunction
cases:
1. When the accused is about to abscond General rule: Criminal prosecution may not be
from the Philippines stayed or restrained by injunction, preliminary
2. When the criminal action is based on a or final.
claim for money or property embezzled or
fraudulently misapplied or converted to the Exceptions:
use of the accused who is a 1. To afford adequate protection to the
public/corporate officer, attorney, factor, constitutional rights of the accused
broker, agent or clerk, in the course of his 2. When necessary for the orderly
employment as such, or by any other administration of justice or to avoid
person in a fiduciary capacity, or for a willful oppression or multiplicity of actions;
violation of duty 3. When there is a pre-judicial question which
3. When the accused has concealed, is sub judice
removed or disposed of his property, or is 4. When the acts of the officer are without or
about to do so in excess of authority
4. When the accused resides outside the 5. Where the prosecution is under an invalid
Philippines law, ordinance or regulation
EVIDENCE
REMEDIAL LAW
b. Uniformity of Application
The end The means to an end One must adduce during trial the factum
result probans or the evidentiary facts by which the
factum probandum or the ultimate fact can be
established. [Dela Llana vs. Biong, G.R. No.
Note: evidence is a relative term; it signifies a 182356 (2018)]
relation between facts: the factum probans and
factum probandum [Wigmore, Principles of
5. Admissibility of Evidence
Judicial Proof, 5, as stated in Riano 11, 2016
Ed.]
Evidence is admissible when it is relevant to
the issue and not excluded by the Constitution,
4. Distinguish: Factum Probans the law or these Rules [Sec. 3, Rule 128]
v. Factum Probandum
Admissibility does not concern weight
Admissibility of evidence should not be
Factum probans Factum
equated with weight of evidence. The
probandum
admissibility of evidence depends on its
Evidentiary fact Ultimate fact relevance and competence, while the weight of
evidence pertains to evidence already admitted
and its tendency to convince and persuade.
Fact by which the factum Fact sought to Thus, a particular item of evidence may be
probandum is to be be established admissible, but its evidentiary weight depends
established on judicial evaluation within the guidelines
provided by the Rules of Court [Dela Llana v.
Materials evidencing the Proposition Biong, G.R. No. 182356 (2013)]
proposition
Admissibility of evidence refers to the question
of whether or not the circumstance (or
evidence) is to be considered at all. On the
other hand, the probative value of evidence
refers to the question of whether or not it
proves an issue [PNOC Shipping and
Transport Corporation v. C.A., G.R. No.
107518 (1998)]
b. Relevance of Evidence and its failure to satisfy some other rule which
Collateral Matters would be applicable to it if offered for another
purpose does not exclude it. [Francisco 11,
Relevancy 1996 Ed.]
Evidence is relevant when it has “such a
relation to the fact in issue as to induce belief d. Conditional Admissibility
in its existence or non-existence” [Sec. 4, Rule
128] Where the evidence at the time of its offer
appears to be immaterial or irrelevant unless it
(e.g., evidence as to the age of a person who is connected with the other facts to be
has been raped is relevant in a situation where subsequently proved, such evidence may be
the age would qualify the offence to statutory received on condition that the other facts will be
rape) proved thereafter; otherwise, the evidence
already given shall be stricken out [2 Regalado
Determinable by the rules of logic and human 705, 2008 Ed.]
experience [2 Regalado 704, 2008 Ed.]
Example: a copy of a writing may not be
Collateral matters considered competent evidence until the
Matters other than the fact in issue and which original is proven to be lost or destroyed
are offered as a basis for inference as to the
existence or non-existence of the facts in issue Conditional admissibility requires no bad faith
[2 Regalado 708, 2008 Ed.] on the part of the proponent.
Note: none of these rules apply in the g. Positive and Negative Evidence
Philippines because there is no law or Rule that
allows it [Prof. Avena]
Positive Negative evidence
evidence
f. Direct and Circumstantial
Evidence Witness affirms Witness states he/she
that a certain did not see or does not
Direct Circumstantial evidence state of facts did know of the occurrence
evidence exist or that a of a fact
certain event
Proves the Proof of facts from which, happened.
fact in taken collectively, the
[2 Regalado 703, 2008 Ed.]
dispute existence of a particular fact
without the in dispute may be inferred
aid of any as a necessary or probable h. Competent and Credible
inference or consequence Evidence
presumption
[Francisco 2, 1996 Ed.] Competent Credible Evidence
Evidence
Requisites to warrant a conviction based on
Not excluded by Refers to probative
circumstantial evidence
the Constitution, value or convincing
a. there is more than one circumstance;
the law, or the weight
b. the facts from which the inferences are
Rules [Sec. 3,
derived are proven; and Rule 128] Weight involves the
c. the combination of all the circumstances is effect of evidence
such as to produce conviction beyond admitted, its tendency to
reasonable doubt [Sec. 4, Rule 133] convince and persuade.
It is not determined
The totality of the evidence must constitute an mathematically by the
unbroken chain showing the guilt of the numerical superiority of
accused beyond reasonable doubt [People v. the witnesses testifying
Matito, G.R. No. 144405 (2004)] to a given fact, but
depends upon its
Note: Circumstantial evidence is not a weaker practical effect in
form of evidence vis-a-vis direct evidence inducing belief on the
[People v. Matito, G.R. No. 144405 (2004)] part of the judge trying
the case [Francisco 11,
1996 Ed.]
Burden of proof is the duty of a party to In both civil and criminal cases, the burden of
present evidence on the facts in issue evidence lies with the party who asserts an
necessary to establish his or her claim or affirmative allegation [2 Regalado 817, 2008
defense by the amount of evidence required by Ed.]
law. Burden of proof never shifts. [Sec. 1, Rule
131] Example:
• In civil cases, the burden of proof is on In a case for collection of a sum of money, if
the party who would be defeated if no the defendant asserts that she has paid, then
evidence were given on either side, the she has the burden of proving that she had, not
plaintiff with respect to his complaint, on the creditor that she had not. While the
the defendant with respect to his creditor had needed to prove the existence of
counterclaim, and the cross-claimant, a debt, the burden shifts to the debtor because
with respect to his cross-claim. [2 she alleged an affirmative defense, which
Regalado 816, 2008 Ed.] admits the creditor’s allegation [Vitarich v.
• In criminal cases, the burden of proof Losin, G.R. No. 181560 (2010)]
rests on the prosecution [Boac v.
People, G.R. No. 180597 (2008)] Equipoise Rule or Equipoise Doctrine
The doctrine refers to the situation where the
Burden of evidence is the duty of a party to evidence of the parties are evenly balanced or
present evidence sufficient to establish or there is doubt on which side the evidence
rebut a fact in issue to establish a prima facie preponderates. In this case, the decision
case. Burden of evidence may shift from one should be against the party with the burden of
party to the other in the course of the
proof [Rivera v. C.A., G.R. No. 115625 (1998); essentially an common logic or
Marubeni v. Lirag, G.R. No. 130998, (2001)] inference probability
In criminal cases, the equipoise rule provides e.g. Inference of In the absence of a
that where the evidence is evenly balanced, guilt upon discovery legal provision or
the constitutional presumption of innocence of bloodied garment ruling, there is no
tilts the scales in favor of the accused [Malana in possession of presumption of law.
v. People, G.R. No. 173612, (2008)] accused
e.g. Presumption of
7. Presumptions innocence in favor of
the accused,
Presumptions are inferences as to the presumption of
existence of a fact not actually known, arising negligence of a
from its usual connection with another which is common carrier
known, or a conjecture based on past
experience as to what course human affairs Conclusive Disputable
ordinarily take. [University of Mindanao, Inc. v.
Bangko Sentral ng Pilipinas, G.R. No. 194964-
65 (2016)] Inferences which Satisfactory if
the law makes so uncontradicted, but
A presumption can rest only upon ascertained peremptory that it may be contradicted
facts. It cannot be based on other will not allow them and overcome by
presumptions, assumptions, probabilities or to be overturned by other evidence [Sec.
inferences [Francisco, 52] any contrary proof 3, Rule 131]
however strong
Presumptions are not allegations, nor do they [Datalift Movers v.
supply their absence. Presumptions are Belgravia Realty,
conclusions. They do not apply when there are G.R. No. 144268
no facts or allegations to support them (2006)]
[University of Mindanao, Inc. v. Bangko Sentral
ng Pilipinas, G.R. No. 194964-65 (2016)] a. Conclusive Presumptions
i. By his or her own declaration, act or person deprived of land or of any estate
omission; or interest therein by such adjudication
ii. He or she intentionally and or confirmation of title obtained by
deliberately led another to believe a actual fraud, to file in the proper court a
particular thing is true; petition for reopening and review of the
iii. To act upon such belief; and decree of registration [Sec. 32, P.D.
iv. The litigation arises out of such 1529]
declaration act or omission ii. The child shall be considered
b. A tenant is not permitted to deny the title legitimate although the mother may
of his or her landlord at the time of the have declared against its legitimacy or
commencement of the relation of landlord may have been sentenced as an
and tenant between them adulteress. [Art. 167, FC]. Factum
probans that the child was conceived
These conclusive presumptions are based or born during the marriage of its
upon the doctrine of estoppel in pais, see Arts. parents conclusively establishes the
1431-1439, Civil Code [2 Regalado 820, 2008 factum probandum of the legitimate
Ed.] status of that child, Art. 167 is saying
that any factum probans presented and
Once a contract of lease is shown to exist offered to prove the truth of the latter
between the parties, the lessee cannot by any
declaration (of the mother) will be
proof, however strong, overturn the conclusive
inadmissible in evidence.
presumption that the lessor has a valid title to
b. SC issuances
or a better right of possession to the subject
premises than the lessee [Santos v. National
Statistics Office., G.R. No. 171129, (2011)] b. Disputable Presumptions
What a tenant is estopped from denying is the a. Person is innocent of crime or wrong;
title of his landlord at the time of the b. Unlawful act is done with an unlawful
commencement of the landlord-tenant relation. intent;
If the title asserted is one that is alleged to have c. Person intends the ordinary consequences
been acquired subsequent to the of his or her voluntary act;
commencement of that relation, the d. Person takes ordinary care of his or her
presumption will not apply. Hence, the tenant concerns;
may show that the landlord's title has expired e. Evidence willfully suppressed would be
or been conveyed to another or himself; and he adverse if produced;
is not estopped to deny a claim for rent, if he f. Money paid by one to another was due to
has been ousted or evicted by title paramount the latter;
[Ermitaño v Paglas, G.R. No. 174436 (2013)]
g. Thing delivered by one to another
belonged to the latter;
Sources of conclusive presumptions other
h. Obligation delivered up to the debtor has
than the Rules of Court:
a. Law been paid;
i. The decree of registration and the i. Prior rents or installments had been paid
certificate of title issued shall become when a receipt for the later ones is
incontrovertible, upon the expiration of produced;
the one-year period within which any
Both > 15 and <60 The older When there is gross disregard of the
y/o, of the same sex procedural safeguards set forth in Republic Act
No. 9165 (Comprehensive Dangerous Drugs
One < 15 or > 60 y/o, The one between Act of 2002), serious uncertainty is generated
and the other those ages as to the identity of the seized items that the
between those ages prosecution presented in evidence. Such doubt
cannot be remedied by merely invoking the
n. As between 2 or more persons called to presumption of regularity in the performance of
succeed each other: If there is a doubt as official duties [People v. Lagahit, G.R. No.
200877 (2014)]
to which of them died first, whoever alleges
the death of one prior to the other, shall
prove the same.
c. Presumptions in civil actions
1. In the absence of proof, they shall
and proceedings; against an
accused in criminal cases
be considered to have died at the
same time.
Civil actions and proceedings
[Sec. 3, Rule 131] In all civil actions and proceedings not
otherwise provided for by the law or these
No presumption of legitimacy or Rules, a presumption imposes on the party
illegitimacy against whom it is directed the burden of going
There is no presumption of legitimacy or forward with evidence to rebut or meet the
illegitimacy of a child born after 300 days presumption.
following the dissolution of marriage or the
separation of spouses. Whoever alleges the If presumptions are inconsistent, the
legitimacy or illegitimacy of such child must presumption that is founded upon weightier
prove his or her allegation [Sec. 4, Rule 131] considerations of policy shall apply.
9. Geographical divisions [Sec. 1, Rule 129] 3. It must be known to be within the limits of
the jurisdiction of the court
Note: It is grave abuse of discretion if the court
does not allow the taking of judicial notice. The principal guide in determining what facts
[Prof. Avena] may be assumed to be judicially-known is that
of notoriety. Hence, it can be said that judicial
Since we consider the act of cancellation by notice is limited to facts evidenced by public
President Macapagal-Arroyo of the proposed records and facts of general notoriety.
ZTE- NBN Project during the meeting of Moreover, a judicially-noticed fact must be one
October 2, 2007 with the Chinese President in not subject to a reasonable dispute in that it is
China as an official act of the executive either (1) generally known within the territorial
department, the Court must take judicial jurisdiction of the trial court; or (2) capable of
notice of such official act without need of accurate and ready determination by resorting
evidence. [Suplico v. NEDA, G.R. No. 178830 to sources whose accuracy cannot reasonably
(2008)] be questionable. [Expertravel & Tours, Inc. v.
CA and Korean Airlines, GR No. 152392
The Management Contract entered into by (2005)]
petitioner and the Philippine Ports Authority is
clearly not among the matters which the courts Things of “common knowledge,” of which
can take judicial notice of. It cannot be courts take judicial notice, may be matters
considered an official act of the executive coming to the knowledge of men generally in
department. The PPA was only performing a the course of the ordinary experiences of life,
proprietary function when it entered into a or they may be matters which are generally
Management Contract with the petitioner. accepted by mankind as true and are capable
[Asian Terminals v. Malayan Insurance, G.R. of ready and unquestioned demonstration.
No. 171406 (2011)] [State Prosecutors v, Muro, A.M. No. RTJ-92-
876 (1994)]
The RTC declared that the discrepancy arose
from the fact that Barrio Catmon was Judicial notice is not judicial knowledge. The
previously part of Barrio Tinajeros. The RTC mere personal knowledge of the judge is not
has authority to declare so because this is a the judicial knowledge of the court, and he is
matter subject to mandatory judicial notice. not authorized to make his individual
Geographical divisions are among matters that knowledge of a fact, not generally or
courts should take judicial notice of [B.E. San professionally known, the basis of his action.
Diego, Inc. v. C.A., G.R. No. 159230 (2010)] [Ibid]
Note: With Respect to the Court’s Own Acts determine whether or not the appeal was
and Records taken on time,
A court will take judicial notice of its own acts 2. To determine whether or not the case
and records in the same case, of facts pending is a moot one or whether or not a
established in prior proceedings in the same previous ruling is applicable in the case
case, of the authenticity of its own records of under consideration.
another case between the same parties, of the 3. The other case had been decided by the
files of related cases in the same court, and of same court, involving the same subject
public records on file in the same court matter, with the same cause of action, and
[Republic v. C.A., G.R. No. 119288 (1997)] was between the same parties (which was
With Respect to Records of Other Cases not denied), and constituted res judicata on
the current cause before the court [Tiburcio
General rule: v. PHHC, G.R. No. L-13479, (1959)]
As a general rule, courts are not authorized to
take judicial notice of the contents of the In this case, the requisite of notoriety is belied
records of other cases, even when such cases by the necessity of attaching documentary
have been tried or are pending in the same evidence, i.e., the Joint Affidavit of the
court, and notwithstanding the fact that both stallholders, to prove the alleged practice of
cases may have been tried or are actually paying goodwill money in a particular area
pending before the same judge. [People v. [Latip v. Chua, G.R. No. 177809 (2009)]
Hernandez, G.R. No. 108028 (1996)]
The classification of the land is obviously
Exceptions: essential to the valuation of the property. The
In the absence of objection, and as a matter of parties should thus have been given the
convenience to all parties, a court may properly opportunity to present evidence on the nature
treat all or any part of the original record of a of the property before the lower court took
case filed in its archives as read into the record judicial notice of the commercial nature of a
of a case pending before it, when: portion of the subject landholdings [LBP v.
1. With the knowledge of the opposing party, Honeycomb Farms, G.R. No. 166259 (2012)]
reference is made to it for that purpose, by
name and number or in some other manner It can be considered of public knowledge and
by which it is sufficiently designated; or judicially noticed that the scene of the rape is
2. The original record of the former case or not always nor necessarily isolated or secluded
any part of it, is actually withdrawn from the for lust is no respecter of time or place. [People
archives by the court's direction, at the v. Tundag, G.R. Nos. 135695-96. (2000)]
request or with the consent of the parties,
and admitted as a part of the record of the Laws of nature involving the physical sciences,
case then pending [US v Claveria, G.R. No. specifically biology, include the structural
G.R. No. 9282 (1915)]. make-up and composition of living things. The
Court may take judicial notice that a person’s
Courts may also take judicial notice of organs were in their proper anatomical
proceedings in other causes because of their: locations [Atienza v. Board of Medicine, G.R.
1. Close connection with the matter in No. 177407 (2011)]
controversy. Ex: In a separate civil action
against the administrator of an estate The distance between places may be taken as
arising from an appeal against the report of a matter of judicial notice [Maceda v. Vda. De
the committee on claims appointed in the Macatangay, G.R. No. 164947 (2006)]
administration proceedings of the said
estate, the court took judicial notice of the The Court may take judicial notice of the
record of the administration proceedings to assessed value of property. [Bangko Sentral
ng Pilipinas v. Legaspi, G.R. No. 205966 There are averments made in pleadings which
(2016)] are not deemed admissions even if the adverse
party fails to make a specific denial of the same
3. Judicial Admissions like immaterial allegations [Sec. 11, Rule 8],
conclusions, as well as the amount of
In General liquidated damages [Sec. 11, Rule 8] [Riano
To be a judicial admission, the same: 89, 2016 Ed.]
a. May be oral or written;
b. Must be made by a party to the case; and Note: The theory of adoptive admission has
c. Must be made in the course of the been adopted by the court in this jurisdiction.
proceedings in the same case. An adoptive admission is a party’s reaction to
[Sec. 4, Rule 129] a statement or action by another person
Note: The admission, to be judicial, must be when it is reasonable to treat the party’s
made in the course of the proceedings in the reaction as an admission of something
same case. Thus, an admission made in stated or implied by the other person. The
another judicial proceeding will not be deemed basis for admissibility of admissions made
a judicial admission in the case where the vicariously is that arising from the ratification or
admission is not made. Instead, it will be adoption by the party of the statements which
considered an extrajudicial admission for the other person had made.
purposes of the other proceeding where such
admission is offered [Riano 87, 2016 Ed.] In the Angara Diary, Estrada’s options started
to dwindle when the armed forces withdrew its
Judicial admissions may be made in support. Thus, Executive Secretary Angara
a. the pleadings filed by the parties, had to ask Senate President Pimentel to advise
b. in the course of the trial, either by verbal or the petitioner to consider the option of
written manifestations or stipulations, or dignified exit or resignation. Estrada did not
c. in other stages of the judicial proceeding; object to the suggested option but simply said
ex. stipulation of facts in a pre-trial he could never leave the country. [Estrada v.
conference [People v. Hernandez, G.R. Desierto, G.R. Nos. 146710-15 (2001)]
No. 108028 (1996)], allegations in motions
not specifically denied [Republic v. de Judicial Proceeding [Sec. 3, Rule 1]
Guzman, G.R. No. 175021 (2011)], pre- a. Civil – includes special civil actions
trial, depositions, written interrogatories or b. Criminal
requests for admission [2 Regalado 836- c. Special Proceeding
837, 2008 Ed.]
Examples of statements made that are not
Note: judicial admissions
a. Admissions made by a party pursuant to a a. Statements made during preliminary
request for admission is for the purpose of investigation
the pending action only [Sec. 3, Rule 26] b. Statements during Court-Annexed
b. In criminal cases, all agreements or Mediation
admissions made or entered during the
pre-trial conference shall be reduced in Note: Execution of judgment is part of a judicial
writing and signed by the accused and proceeding. The Court retains control over the
counsel, otherwise, they cannot be used case until the full satisfaction of the final
against the accused [Sec. 2, Rule 118] judgment [People v. Gallo, G.R. No. 124736
However, in the civil case instituted with the (1999)]
criminal case, such admission will be
admissible against any other party.
g. A showing that the testimony elicited was Audio, photographic and video evidence of
voluntarily made without any kind of events, acts or transactions shall be admissible
inducement provided it shall be:
[Torralba v. People, G.R. No. 153699 (2005)] 1. shown, presented or displayed to the court,
and
3. Categories of Object 2. identified, explained or authenticated
i. by the person who made the recording,
Evidence or
ii. by some other person competent to
Two classifications: testify on the accuracy thereof.
a. Actual physical or “autopic” evidence – [Sec. 1, Rule 11, Rules on Electronic Evidence]
those which have a direct relation or part in
the fact or incident sought to be proven and Note: reenactments are object evidence
those brought to the court for personal because they are exhibited, examined and
examination by the presiding magistrate; viewed by the court. E.g. a person who hears a
man cat-call a woman, and mimics the cat-call
Objects that in court is reenacting the event. He is not
have readily testifying because he was not declaring
E.g., gun with
identifiable anything nor making a statement. [Prof. Avena]
a serial
marks; or
number
Unique 4. Chain Of Custody In Relation
objects Exhibit
Car with a To Sec 21 Of The
identifiable
dent on its left Comprehensive Dangerous
visual or
bumper
physical Drugs Act Of 2002
peculiarities
Objects with no “Chain of Custody” means the duly recorded
unique authorized movements and custody of seized
E.g.,sachet of drugs or controlled chemicals or plant sources
characteristic
shabu with of dangerous drugs or laboratory equipment of
Objects but are made
initials of the each stage, from the time of
made readily
police officer seizure/confiscation to receipt in the forensic
unique identifiable by
who retrieved laboratory to safekeeping to presentation in
law enforcers
it court for destruction. [Sec. 1(b), Dangerous
upon retrieval or
confiscation Drugs Board Resolution No. 1 (2002)]
Objects with no
Non- identifying E.g., narcotic As a method of authenticating evidence, the
unique marks and substances, chain of custody rule requires that the
objects cannot be bodily fluids admission of an exhibit be preceded by
marked evidence sufficient to support a finding that the
matter in question is what the proponent claims
[People v. Olarte, G.R. No. 233209 (2019)]
it to be. It would include testimony about every
b. Demonstrative Evidence
Those which represent the actual or physical link in the chain, from the moment the item was
object (or event in case of pictures or videos) picked up to the time it is offered into evidence,
being offered to support or draw an inference in such a way that every person who touched
or to aid in comprehending the verbal the exhibit would describe how and from whom
testimony of a witness. [People v. Olarte, G.R. it was received, where it was and what
No. 233209 (2019)] happened to it while in the witness' possession,
the condition in which it was received and the
condition in which it was delivered to the next appellant. [People v. Olarte, G.R. No. 233209
link in the chain. These witnesses would then (2019)]
describe the precautions taken to ensure that
there had been no change in the condition of 5. DNA Evidence
the item and no opportunity for someone not in
the chain to have possession of the same. When a crime is committed, material is
[Mallillin v. People, 576 Phil. 576 (2008)] collected from the scene of the crime or from
the victim’s body for the suspect’s DNA. This is
As a general rule, four links in the chain of the evidence sample. The evidence sample is
custody of the confiscated item must be then matched with the reference sample taken
established: from the suspect and the victim. The purpose
a. first, the seizure and marking, if of DNA testing is to ascertain whether an
practicable, of the illegal drug recovered association exists between the evidence
from the accused by the apprehending sample and the reference sample. The
officer; samples collected are subjected to various
b. second, the turnover of the illegal drug chemical processes to establish their
seized by the apprehending officer to the profile. The test may yield three possible
investigating officer; results:
c. third, the turnover by the investigating a. Exclusion – The samples are different and
officer of the illegal drug to the forensic therefore must have originated from
chemist for laboratory examination; and different sources. This conclusion is
d. fourth, the turnover and submission of the absolute and requires no further analysis or
marked illegal drug seized from the discussion;
forensic chemist to the court. [People v. b. Inconclusive – It is not possible to be sure,
Gayoso, G.R. No. 206590 (2017)] based on the results of the test, whether
the samples have similar DNA types. This
Note: If the proffered evidence is unique, might occur for a variety of reasons
readily identifiable, and relatively resistant to including degradation, contamination, or
change, that foundation need only consist of failure of some aspect of the protocol.
testimony by a witness with knowledge that the Various parts of the analysis might then be
evidence is what the proponent claims; repeated with the same or a different
otherwise, the chain of custody rule has to be sample, to obtain a more conclusive result;
resorted to and complied with by the proponent or
to satisfy the evidentiary requirement of c. Inclusion – The samples are similar, and
relevancy. And at all times, the source of could have originated from the same
amorphous as well as firmly structured objects source. In such a case, the samples are
being offered as evidence must be tethered to found to be similar, the analyst proceeds to
and supported by a testimony. determine the statistical significance of the
similarity [People v. Vallejo, G.R. No.
In the case at hand, the chain of custody rule 144656 (2002)].
does not apply to an undetonated grenade (an
object made unique), for it is not amorphous Obtaining DNA samples from an accused in a
criminal case or from the respondent in a
and its form is relatively resistant to change. A
paternity case, contrary to the belief of
witness of the prosecution need only identify
respondent in this action, will not violate the
the hand grenade, a structured object, based right against self-incrimination. [Herrera v.
on personal knowledge that the same Alba, G.R. No. 148220 (2005)]
contraband or article is what it purports to be —
that it came from the person of accused-
“DNA evidence” constitutes the totality of the Exception: DNA testing may be done without
DNA profiles, results and other genetic a prior court order, at the behest of any party
information directly generated from DNA (including law enforcement agencies), before a
testing of biological samples. suit or proceeding is commenced [Sec. 4, Rule
on DNA Evidence]
“DNA testing” means verified and credible
scientific methods which include the extraction Note: The death of the petitioner (putative
of DNA from biological samples, the generation father) does not ipso facto negate the
of DNA profiles and the comparison of the application of DNA testing for as long as there
information obtained from the DNA testing of exist appropriate biological samples of his
biological samples for the purpose of DNA. The term “biological sample” means any
determining, with reasonable certainty, organic material originating from a person’s
whether or not the DNA obtained from two or body, even if found in inanimate objects, that is
more distinct biological samples originates susceptible to DNA testing. This includes
from the same person (direct identification) or blood, saliva, and other body fluids, tissues,
if the biological samples originate from related hairs and bones. [Ong v. Diaz, G.R. No.
persons (kinship analysis). 1717113 (2007)]
[Sec. 3, AM No. 06-11-5-SC or Rule on DNA
Evidence] c. Post-conviction DNA testing;
remedy
b. Application for DNA testing
order Post-conviction DNA testing may be available,
without need of prior court order, to the
The appropriate court may, at any time, either prosecution or any person convicted by final
motu proprio or on application of any person and executory judgment provided that:
who has a legal interest in the matter in 1. a biological sample exists;
litigation, order a DNA testing. 2. such sample is relevant to the case; and
Such order shall issue after due hearing and 3. the testing would probably result in the
notice to the parties upon a showing of the reversal or modification of the judgment of
following: conviction. [Sec. 6, Rule on DNA Evidence]
1. A biological sample exists that is relevant
to the case; The medical evidence clearly established that
2. The biological sample: (i) was not Carmela was raped and, consistent with this,
previously subjected to the type of DNA semen specimen was found in her. It is true
testing now requested; or (ii) was that Alfaro identified Webb in her testimony as
previously subjected to DNA testing, but Carmela's rapist and killer but serious
the results may require confirmation for questions had been raised about her credibility.
good reasons; At the very least, there exists a possibility that
3. The DNA testing uses a scientifically valid Alfaro had lied. xxx If, on examination, the DNA
technique; of the subject specimen does not belong to
Webb, then he did not rape Carmela. It is that
simple. [Lejano v. People, G.R. No. 176864
(2010)].
Remedy if the results are favorable to the Note: The provisions of the Rules of Court
convict concerning the appreciation of evidence shall
The convict or the prosecution may file a apply suppletorily. [Sec. 7, Rule on DNA
petition for a writ of habeas corpus in the Evidence]
court of origin if the results of the post-
conviction DNA testing are favorable to the e. Rules on evaluation of
convict. reliability of the DNA testing
methodology
In case the court, after due hearing finds the
petition to be meritorious, if shall reverse or
In evaluating the results of DNA testing, the
modify the judgment of conviction and order
court shall consider the following:
the release of the convict, unless continued
1. The evaluation of the weight of matching
detention is justified for a lawful cause. DNA evidence or the relevance of
mismatching DNA evidence;
A similar petition may be filed either in the
2. The results of the DNA testing in the light
Court of Appeals or the Supreme Court, or with
of the totality of the other evidence
any member of said courts, which may conduct
presented in the case; and that
a hearing thereon or remand the petition to the
3. DNA results that exclude the putative
court of origin and issue the appropriate orders. parent from paternity shall be conclusive
[Sec. 10, Rule on DNA Evidence]
proof of non-paternity. If the value of the
Probability of Paternity is less than 99.9%,
d. Assessment of probative value the results of the DNA testing shall be
of DNA evidence and considered as corroborative evidence. If
admissibility the value of the Probability of Paternity is
99.9% or higher there shall be a
In assessing the probative value of the DNA disputable presumption of paternity. [Sec.
evidence presented, the court shall consider 9, Rule on DNA Evidence]
the following:
1. The chain of custody, including how the It is not enough to state that the child’s DNA
biological samples were collected, how profile matches that of the putative father. A
they were handled, and the possibility of complete match between the DNA profile of the
contamination of the samples; child and the DNA profile of the putative father
2. The DNA testing methodology, including does not necessarily establish paternity. For
the procedure followed in analyzing the this reason, following the highest standard
samples, the advantages and adopted in an American jurisdiction, trial courts
disadvantages of the procedure, and should require at least 99.9% as a minimum
compliance with the scientifically valid value of the Probability of Paternity (“W”) prior
standards in conducting the tests; to a paternity inclusion. W is a numerical
3. The forensic DNA laboratory, including estimate for the likelihood of paternity of a
accreditation by any reputable standards- putative father compared to the probability of a
setting institution and the qualification of random match of two unrelated individuals.
the analyst who conducted the tests. If the Due to the probabilistic nature of paternity
laboratory is not accredited, the relevant inclusions, W will never equal to 100%.
experience of the laboratory in forensic [Herrera v. Alba, G.R. No. 148220 (2005)]
casework and credibility shall be properly
established; and
4. The reliability of the testing result, as
provided in Sec. 8 [Sec. 7, Rule on DNA
Evidence]
Note: 2019 Amendments expanded the The best evidence rule (now original document
definition of documentary evidence. rule) does not apply to all types of evidence. It
does not comprehend object and testimonial
2. Requisites for Admissibility evidence. [Riano, 133, 2016 Ed.]
Note: 2019 Amendments made substantial Due execution of the document should be
changes to Sec. 4, Rule 130 proved through the testimony of either:
a. the person or persons who executed it;
Carbon copies are deemed duplicate b. the person before whom its execution was
(originals). [People v Tan, G.R. No. L-14257 acknowledged; or
(1959); Skunac v. Sylianteng, G.R. No. 205879 c. any person who was present and saw it
(2014)] executed and delivered, or who, after its
execution and delivery, saw it and
d. Secondary Evidence; recognized the signatures, or by a person
Summaries to whom the parties to the instruments had
previously confessed the execution thereof
The following are the exceptions to the original [Director of Lands v. C.A., G.R. No. L-29575
document rule: (1971))
1. When the original is unavailable When more than one original copy exists, it
must appear that all of them have been lost,
a. When the original has been lost or destroyed, or cannot be produced in court
destroyed, or cannot be produced in court; before secondary evidence can be given of any
b. Upon proof of its execution or existence one. A photocopy may not be used without
and the cause of its unavailability; and accounting for the other originals. [Citibank v.
c. Without bad faith on the offeror’s part Teodoro, G.R. No. 150905 (2003)].
What to present to prove contents (in this The general rule concerning proof of a lost
order) instrument is, that reasonable search shall be
a. A copy; made for it in the place where it was last known
b. A recital of its contents in some authentic to have been, and, if such search does not
document; or discover it, then inquiry should be made of
c. The testimony of witnesses persons most likely to have its custody, or who
[Rule 130, Sec. 5] have some reasons to know of its
whereabouts. [Tan v. CA, G.R. No. L-56866
(1985)]
4. Electronic Evidence
2. When the original is in the
custody or control of the Scope
adverse party OR original
General Rule: The Rules on Electronic
cannot be obtained by local
Evidence (A.M. No. 01-7-01-SC) shall apply
judicial processes or
whenever an electronic document or electronic
procedures
data message is offered or used in evidence
What to present to prove contents
Same as when lost, destroyed, or cannot be Exception: when otherwise provided [Sec. 1,
produced in court [Sec. 6, Rule 130] Rule 1, Rules on Electronic Evidence]
c. Authentication of electronic General Rule: Hearsay rule does not apply to:
documents and electronic 1. A memorandum, report, record or data
signatures compilation of acts, events, conditions,
opinions, or diagnoses
Burden of proof 2. made by electronic, optical or other similar
The person seeking to introduce an electronic means
document in any legal proceeding has the 3. at or near the time of or from transmission
burden of proving its authenticity in the manner or supply of information
provided in this Rule. [Sec. 1, Rule 5, REE] 4. by a person with knowledge thereof
5. kept in the regular course or conduct of a
Manner of authentication of private business activity and
electronic document offered as authentic 6. such was the regular practice to make the
a. by evidence that it had been digitally memorandum, report, record, or data
signed by the person purported to have compilation by electronic, optical or similar
signed the same; means and
b. by evidence that other appropriate 7. shown by the testimony of the custodian or
security procedures or devices as may other qualified witnesses [Sec. 1, Rule 8,
be authorized by the Supreme Court or by REE]
law for authentication of electronic
documents were applied to the document; Exception: The presumption may be
or overcome by evidence of the untrustworthiness
c. by other evidence showing its integrity of the source of information or the method or
and reliability to the satisfaction of the circumstances of the preparation, transmission
judge. or storage thereof. [Sec. 2, Rule 8, REE]
[Sec. 2, Rule 5, REE]
e. Audio, photographic, video and
Proof of electronically notarized document ephemeral evidence
A document electronically notarized in
accordance with the rules promulgated by the Audio, photographic and video evidence of
Supreme Court shall be considered as a public events, acts or transactions
5. Parol Evidence Rule Exception: If the facts in the pleadings all lead
to the fact that it is being put in issue then the
Parol evidence Parol Evidence exception may apply [Sps.
Any evidence aliunde, whether oral or written, Paras v. Kimwa Corporation, G. R. No. 171601
which is intended or tends to vary or contradict (2015)]
a complete and enforceable agreement
embodied in a document [2 Regalado 730, In sum, two (2) things must be established for
2008 Ed.]. parol evidence to be admitted:
1. That the existence of any of the four (4)
a. Application of the Parol exceptions has been put in issue in a
Evidence Rule party's pleading or has not been objected
to by the adverse party; and
General Rule 2. That the parol evidence sought to be
When the terms of an agreement (including presented serves to form the basis of the
wills) have been reduced to writing, it is conclusion proposed by the presenting
considered as containing all the terms agreed party. [Sps. Paras v. Kimwa Corporation,
upon and there can be, as between the parties G. R. No. 171601 (2015)]
and their successors in interest, no evidence of
such terms other than the contents of the
written agreement [Sec. 10, Rule 130]
Applies to all kinds of Applies only to in force between the Philippines and the
writings, recordings, documents country of source
photographs, or any contractual in nature Note: This is a new addition to the original
material containing and to wills provision.
letters, words, 4. Public records, kept in the Philippines, of
sounds, numbers, private documents required by law to be
figures, symbols, or entered therein
their equivalent, or [Sec. 19, Rule 132]
other modes of
written expression A public document enjoys the presumption of
offered as proof of regularity. It is a prima facie evidence of the
their contents truth of the facts stated therein and a
conclusive presumption of its existence and
Can be invoked by Can be invoked only due execution. To overcome this presumption,
any party to an action when the there must be clear and convincing evidence
regardless of WON controversy is [Chua v. Westmont Bank, G.R. No. 182650
such party between the parties (2012)].
participated in the to the written
writing involved agreement, their A public document is self-authenticating and
privies or any party requires no further authentication in order to be
directly affected presented as evidence in court [Patula v.
thereby People, G.R. No. 164457 (2012)]
[2 Regalado 731, 2008 Ed.]
Private Documents
All other writings are private. [Sec. 20, Rule
6. Authentication and Proof of 130]
Documents
A private document is any other writing, deed,
a. Meaning of Authentication or instrument executed by a private person
without the intervention of a notary or other
Proving that the objects and documents person legally authorized by which some
presented in evidence are genuine and what it disposition or agreement is proved or set forth
purports to be. [Patula v. People, G.R. No. 164457 (2012)]
Note: this Section was substantially amended 3. Any conduct constructed as implied
in the 2019 Revised Rules consent.
[Herrera]
i. Husband and Wife
The objection to the competency of the spouse
Also known as marital privilege must be made when he or she is first offered
as a witness. The incompetency is waived by
Rationale failure to make a timely objection to the
Confidential nature of the privilege; to preserve admission of spouse’s testimony [People v.
marital and domestic relations Pasensoy, G. R. No. 140634 (2002)]
Elements Marital
1. The husband or the wife Marital Privilege
Disqualification
2. During or after the marriage [Sec. 24(a)]
[Sec. 22]
3. Cannot be examined One spouse should Neither of the
4. Without the consent of the other be a party to the spouses need to be
5. As to any communication received in
case; a party;
confidence by one from the other during
the marriage Applies only if the
[Sec. 24(a), Rule 130] marriage is existing Does not cease even
at the time the after the marriage is
Except: Spouse may testify for or against the testimony is offered; dissolved; and
other even without the consent of the latter and
1. In a civil case by one against the other, or Constitutes a total Prohibition is limited
2. In a criminal case for a crime committed by prohibition on any to testimony on
one against the other or the latter’s direct testimony against confidential
descendants or ascendants. the spouse of the communications
[Sec. 24(a), Rule 130] witness between spouses
A widow of a victim allegedly murdered may
ii. Attorney and Client
testify as to her husband’s dying declaration as
to how he died since the same was not
Elements
intended to be confidential [US v. Antipolo,
As regards an attorney or any person
G.R. No. L-13109 (1918)]
reasonably believed by the client to be
licensed to engage in the practice of law
Scope: “Any communication”
1. Without the consent of his client
Includes utterances, either oral or written, or
2. Cannot be examined as to
acts [Herrera]
a. Any communication made by the client
to him/her, or
When not applicable
b. His/her advice given thereon in the
1. When the communication was not intended
course of, or with a view to,
to be kept in confidence
professional employment
2. When the communication was made prior
[Sec 24(b), Rule 130]
to the marriage
3. Waiver of the privilege
As regards an attorney’s secretary,
[Herrera]
stenographer, clerk, or other persons
assisting the attorney
Waiver
1. Without the consent of the client and
1. Failure of the spouse to object; or
his/her employer
2. Calling spouse as witness on cross
2. Cannot be examined
examination
3. Without the consent of the patient e. Where the patient examines the
4. Cannot be examined as to physician as to matters disclosed in a
a. Any confidential communication made consultation
between the patient and his/her f. Also check Rule 28 on Physical and
physician or psychotherapist Mental Examination [Rules on Civil
b. For the purpose of diagnosis or Procedure]
treatment [Herrera]
i. Of the patient’s physical, mental, or
emotional condition Physician allowed to testify as an expert
ii. Including drug or alcohol addiction A doctor is allowed to be an expert witness
when he does not disclose anything obtained
Note: this privilege also applies to persons, in the course of his examination, interview and
including members of the patient’s family, who treatment of a patient. [Lim v. C.A., G.R. No.
have participated in the diagnosis or treatment 91114 (1992)]
of the patient under the direction of the
physician or psychotherapist. [Sec. 24(c), Rule Autopsical information
130] If the information was not acquired by the
physician in confidence, he may be allowed to
Physician-patient relationship need not be testify thereto. But if the physician performing
entered into voluntarily. the autopsy was also the deceased’s
physician, he cannot be permitted either
When not applicable directly or indirectly to disclose facts that came
1. Communication was not given in to his knowledge while treating the living
confidence patient [Herrera, citing US Case Travelers’
2. Communication was irrelevant to the Insurance Co. v. Bergeron]
professional employment
3. Communication was made for an unlawful Duration of privilege
purpose The privilege survives the death of the patient.
4. Communication was intended for the [Riano, 212, 16th Ed.]
commission/concealment of a crime
5. Communication was intended to be made Hospital Records during discovery
public/divulged in court procedure
6. When there was a waiver To allow the disclosure during discovery
7. When the doctor was presented as an procedure of the hospital records would be to
expert witness and only hypothetical allow access to evidence that is inadmissible
problems were presented to him [Lim v. without the patient’s consent. Disclosing them
C.A., G.R. No. 91114 (1992)] would be the equivalent of compelling the
physician to testify on privileged matters he
Waiver gained while dealing with the patient, without
1. Express waiver – may only be done by the the latter’s prior consent. [Chan v. Chan, G.R.
patient No. 179786 (2013)]
2. Implied waiver
a. By failing to object iv. Priest and Penitent
b. When the patient testifies
c. A testator procures an attending doctor Elements
to subscribe his will as an attesting 1. A minister or priest or person reasonably
witness believed to be so
d. Disclosure of the privileged information 2. Without the consent of the affected person
either made or acquiesced by the 3. Cannot be examined as to any
privilege holder before trial a. communication; or
b. confession made to; or
Transcript deemed prima facie correct i. the answer is the very fact in issue;
A transcript of the record of the proceedings ii. the answer is a fact from which the
made by the official stenographer, stenotypist fact in issue would be presumed
or recorder and certified as correct by him shall b. Exception to the exception: he/she
be deemed prima facie a correct statement of must answer to the fact of his/her
such proceedings [Sec. 2, Rule 132] previous final conviction for an offense
[Sec. 3, Rule 132]
Exclusion and separation of witnesses
The court, motu proprio or upon motion, shall OBLIGATION
order witnesses excluded so that they cannot A witness must answer questions, although
hear the testimony of other witnesses his/her answer may tend to establish a claim
against him/her. [Sec. 3, Rule 132]
However, this rule does NOT AUTHORIZE
exclusion of: One-Day Examination of Witness Rule
a. a party who is a natural person; A witness has to be fully examined in one (1)
b. a duly designated representative of a day only. It shall be strictly adhered to subject
juridical entity which is a party to the case; to the courts' discretion during trial on whether
c. a person whose presence is essential to or not to extend the direct and/or cross-
the presentation of the party’s cause; or examination for justifiable reasons. [A.M. No.
d. a person authorized by a statute to be 03-1-09-SC]
present.
b. Order in the Examination of an
The court may also cause witnesses to be kept Individual Witness
separate and to be prevented from conversing
with one another, directly or through 1. Direct examination by the proponent;
intermediaries, until all shall have been 2. Cross-examination by the opponent;
examined. [Sec. 15] 3. Re-direct examination by the proponent;
4. Re-cross examination by the opponent.
a. Rights and Obligations of a [Sec. 4, Rule 132]
Witness
Direct examination — examination-in-chief of
RIGHTS a witness by the party presenting him/her on
1. To be protected from irrelevant, improper, the facts relevant to the issue [Sec. 5, Rule
or insulting questions, and from harsh or 132]
insulting demeanor;
2. Not to be detained longer than the interests Cross-examination — the witness may be
of justice require; cross examined by the adverse party on any
3. To only be examined as to matters relevant matter with sufficient fullness and
pertinent to the issue; freedom
4. Not to give an answer which will tend to • Purpose: to test the witness’ accuracy,
subject him/her to a penalty for an offense truthfulness and freedom from interest or
a. Unless: otherwise provided by law bias, or the reverse; and to elicit all
important facts bearing upon the issue
Example of this right: Sec. 8, R.A. 1379 and [Sec. 6, Rule 132]
other immunity statutes which grant the
witness immunity from criminal prosecution Right to cross-examination
for offenses admitted Cross-examination is the most reliable and
effective way known of testing the credibility
5. Not to give an answer which will tend to and accuracy of testimony. This is an essential
degrade his/her reputation element of due process. [Herrera, citing Alford
a. Exceptions: v. US (1931)]
same subject may be inquired into by the Exception: the court shall conduct a
other competency examination of a child, motu
b. When a detached act, declaration, proprio or on motion of a party when it finds that
conversation, writing or record is given in substantial doubt exists regarding the child’s
evidence, any other act, declaration, ability to:
conversation, writing or record necessary 1. Perceive
to its understanding may also be given in 2. Remember
evidence 3. Communicate
[Sec. 17, Rule 132] 4. Distinguish from falsehood, or
5. Appreciate the duty to tell the truth in court
Right to inspect writing shown to witness [Sec. 6]
Whenever a writing is shown to a witness, it
may be inspected by the adverse party [Sec. Proof of necessity
18, Rule 132] The party seeking a competency examination
must present proof of its necessity. The age of
f. Examination of a child witness the child, by itself, is not a sufficient basis. [Sec.
(A.M. No. 004-07-SC) 6(a)]
i. Applicability of the rule Burden of proof lies with the party challenging
the child’s competence. [Sec. 6(b)]
Unless otherwise provided, this rule shall
govern the examination of a child witness who Conduct of examination
are: 1. Conducted only by the judge
1. victims of a crime; 2. Counsel for the parties may submit
2. accused of a crime; and questions to the judge
3. witnesses to a crime a. It is discretionary upon the judge if he
will ask the child the submitted
Where applicable: all criminal and non-criminal questions [Sec. 6(d)]
proceedings involving child witnesses [Sec. 1,
Rule on Examination of a Child Witness] Developmentally appropriate questions
The questions asked shall:
ii. Meaning of “child witness" 1. be appropriate to the age and
developmental level of the child;
Child witness—any person who at the time of 2. not be related to the issues at trial; and
giving testimony is: 3. focus on the ability of the child to
1. below the age of 18 years; or remember, communicate, distinguish
2. in child abuse cases, may be over 18 but is between truth and falsehood, and
found by the court unable to fully take care appreciate the duty to testify truthfully.
of himself or protect himself from abuse, [Sec. 69(d)]
neglect, cruelty, exploitation, or
discrimination because of a physical or Continuing duty to assess competence
mental disability or condition The court has the duty of continuously
[Sec. 4 (a), Rule on Examination of a Child assessing the competence of the child
Witness] throughout his testimony [Sec. 6(f)]
Rights of the accused during trial, especially v. timing of the statement and the
the right to counsel and confront and cross- relationship between the declarant
examine the child, shall NOT BE VIOLATED child and witness
during the deposition. vi. cross-examination could not show
the lack of knowledge of the
If, at the time of the trial, the court finds that the declarant child
child is unable to testify for a reason stated in vii. possibility of faulty recollection of
Sec. 25(f) of this Rule or is unavailable for any the declarant child is remote
reason described in Rule 23, Sec 4(c) of the viii. the circumstances surrounding the
1997 Rules of Civil Procedure, the court may statement are such that there is no
admit into evidence the videotaped deposition reason to suppose the declarant
of the child in lieu of his testimony at the trial. child misrepresented the
[Sec. 27] involvement of the accused [Sec.
28(b)]
vii. Hearsay exception in child abuse
cases When a child is considered unavailable:
a. He/she is deceased, suffers from mental
Applicability: Any criminal and non-criminal infirmity, lack of memory, mental illness, or
proceeding will be exposed to severe psychological
injury; or
A statement made by a child describing any act b. He/she is absent from the hearing and the
or attempted act of child abuse, not otherwise proponent of his statement has been
admissible under the hearsay rule, may be unable to procure his attendance by
admitted in evidence subject to the following process or other reasonable means [Sec.
rules: 28(c)]
1. Before the hearsay statement may be
admitted, its proponent shall make known Condition for admissibility if child is
to the adverse party the intention to offer unavailable: His/her hearsay testimony must
such statement and its particulars be corroborated by other admissible evidence
a. Reason: to provide him a fair [Sec. 28(d)]
opportunity to object
b. if the child is available: the court shall, viii. Sexual abuse shield rule
upon motion of the adverse party,
require the child to be present at the General Rule: The following evidence is
presentation of the hearsay statement inadmissible in any criminal proceeding
for cross-examination involving alleged child sexual abuse:
c. if the child is unavailable: the fact of 1. Evidence offered to prove that the alleged
unavailability must be proved by the victim engaged in other sexual behavior;
opponent [Sec. 28(a)] and
2. The court shall consider the time, content 2. Evidence to prove the sexual
and circumstances of the hearsay predisposition of the alleged victim
statement which provide sufficient indicia
of reliability Exception: Evidence of specific instances of
a. factors to consider: sexual behavior by the alleged victim to prove
i. motive to lie that a person other than the accused was
ii. general character of declarant child the source of the semen, injury, or other
iii. whether more than one person physical evidence shall be ADMISSIBLE
heard the statement
iv. whether the statement was
spontaneous
Note: the res inter alios acta rule only applies The word “joint” must be construed according
to extrajudicial declarations (admissions and to its meaning in the common law system, that
confessions). However, when the declarant is, in solidum for the whole. [Jaucian v. Querol,
repeats his extrajudicial declaration in open G.R. No. L-11307 (1918)]
court and his co-accused are given the
opportunity to cross-examine him, the A mere community of interests between
declaration becomes admissible against the several persons is not sufficient to make the
co-accused. admissions of one admissible against all.
[Herrera]
d. Admission by a Co-Partner or
Agent Just like in partnership and agency, the interest
must be a subsisting one unless for the
Requisites for Admissibility admission to be admissible. [Herrera]
1. The act or declaration
2. Of a partner or agent e. Admission by a Conspirator
a. authorized by the party to make a
statement concerning the subject; or Requisites for Admissibility
b. within the scope of his/her authority 1. The act or declaration
3. During the existence of the partnership or 2. Of a conspirator
agency, 3. In furtherance of the conspiracy and during
4. May be given in evidence against such its existence,
party 4. May be given in evidence against the co-
5. After the partnership or agency is shown by conspirator
evidence other than such act or declaration 5. After the conspiracy is shown by evidence
(evidence aliunde) other than such act or declaration
[Sec. 30, Rule 130] (evidence aliunde)
[Sec. 31, Rule 130]
This rule also applies to the act or declaration
of a joint owner, joint debtor, or other persons An exception to the res inter alios acta rule is
jointly interested with the party [Sec. 30, Rule an admission made by a conspirator under
130] Sec. 30, Rule 130. [People v. Cachuela, G.R.
No. 191752 (2013)]
c. Exceptions to the Hearsay Rule The law considers the point of death as a
situation so solemn and awful as creating an
1. Dying declaration obligation equal to that which is imposed by an
2. Statement of decedent or person of oath administered by the court. [People v.
unsound mind Cerilla, G.R. No. 177147 (2007)]
3. Declaration against interest
4. Act or declaration about pedigree The admissibility of an ante mortem declaration
5. Family reputation or tradition regarding is not affected by the fact that the declarant
pedigree died hours or several days after making his
6. Common reputation declaration. It is sufficient that he believes
7. Part of the res gestae himself in imminent danger of death at the time
8. Records of regularly conducted business of such declaration [Herrera, citing People v.
activity Ericta 77 SCRA 199]
9. Entries in official records
10. Commercial lists and the like The rule is that, in order to make a dying
11. Learned treatises declaration admissible, a fixed belief in
12. Testimony or deposition at a former trial inevitable and imminent death must be entered
13. Residual exception by the declarant. It is the belief in impending
death and not the rapid succession of death in
i. Dying Declaration point of fact that renders a dying declaration
admissible. The test is whether the declarant
Also known as “antemortem statement” or has abandoned all hopes of survival and
“statement in articulo mortis” [People v. looked on death as certainly impending.
Mendoza, G.R. No. 142654 (2001)]
Objections to the dying declaration
Requisites for Admissibility May be premised on any of the requisites for its
a. Declaration of a dying person admissibility embodied in Sec. 38, Rule 130.
b. Declaration was made under the [Riano 302, 2016 Ed.]
consciousness of an impending death
c. Declaration may be received in any case Dying declarations are admissible in favor of
wherein his/her death is the subject of the defendant as well as against him [US v.
inquiry, as evidence of the cause and Antipolo, 37 Phil. 726 (1918)]
surrounding circumstances of such death
[Sec. 38, Rule 130]
d. Declarant would have been competent as
a witness had he survived [Geraldo v
People, G.R. No. 173608 (2008)); and
e. Declarant should have died [People v.
Macandog, G.R. No. 129534 and 1411691
(2001)]
Definition: The definite opinion of the vii. Part of the Res Gestate
community in which the fact to be proved is
known or exists. It means the general or Res gestae — “things done”
substantially undivided reputation, as Res gestae, as an exception to the hearsay
distinguished from a partial or qualified one, rule, refers to those exclamations and
although it need not be unanimous [2 statements made by either the participants,
Regalado, 787, 2008 Ed.] victims, or spectators to a crime immediately
before, during, or after the commission of the
Requisites for Admissibility crime, when the circumstances are such that
a. Common reputation existed ante litem the statements were made as a spontaneous
motam reaction or utterance inspired by the
b. Reputation pertains to: excitement of the occasion and there was no
1. boundaries of or customs affecting opportunity for the declarant to deliberate and
lands in the community to fabricate a false statement [DBP Pool of
2. events of general history important to Accredited Insurance Companies v. Radio
the community Mindanao Network, Inc., G.R. No. 147039
3. marriage, or (2006)]
4. moral character
[Sec. 43, Rule 130] A dying declaration can be made only by the
victim, while a statement as part of the res
Note: The 30-year rule was removed in the gestae may be that of the killer himself after or
Amended Rules during the killing [2 Regalado 788, 2008 Ed.,
citing People v. Reyes, G.R. Nos. L-1846–48
Other Admissible Evidence (1949)]
a. Monuments
b. Inscriptions in public places A statement not admissible as dying
[Sec. 43, Rule 130] declaration because it was not made under
consciousness of impending death, may still be
Pedigree may be established by reputation in admissible as part of res gestae if made
the family, but not in the community [Secs. 42- immediately after the incident [People v.
43, Rule 130] Gueron, G.R. No. L-29365 (1983)]
(“Business records as exception to the hearsay b. the penalty which is usually affixed to a
rule under the Rules on Electronic Evidence”) breach of that duty;
c. the routine and disinterested origin of most
If the entrant is available as a witness, the such statements; and
entries will not be admitted, but they may d. the publicity of record which makes more
nevertheless be availed of by said entrant as a likely the prior exposure of such errors as
memorandum to refresh his memory while might have occurred
testifying on the transactions reflected therein [Herce, Jr. v Municipality of Cabuyao, Laguna,
[Cang Yui v. Gardner, G.R. No. L-9974 (1916)] GR. No. 166645 (2005)]
Entries in the payroll, being entries in the A sheriff’s return is an official statement by a
course of business, enjoy the presumption of public official in the performance of a duty
regularity [Sapio v. Undaloc Construction, G.R. specially enjoined by law and is prima facie
No. 155034 (2008)] evidence of the facts therein stated. Being an
exception to the hearsay rule, the sheriff need
Reason for rule not testify in court as to the facts stated in said
The duty of the employees to communicate return [Manalo v Robles Trans.Co., GR. No. L-
facts is of itself a badge of trustworthiness of 8171, (1956)]
the entries [Security Bank and Trust Company
v. Gan, G.R. No. 150464 (2006)] Entries in official records are merely prima
facie evidence of the facts therein stated [Sec.
These entries are accorded unusual reliability 46, Rule 130]
because their regularity and continuity are
calculated to discipline record keepers in the Entries in a police blotter are not conclusive
habit of precision [LBP v. Monet’s Export and proof of the truth of such entries [People v.
Manufacturing Corp., G.R. No. 184971 (2010)] Cabuang, G.R. No. 103292 (1993)]
therein, but only to prove that such were The opinion of a witness on a matter requiring
actually made. special knowledge, skill, experience, training,
or education, which he/she shown to possess,
These are not covered by the hearsay rule may be received in evidence [Sec. 52, Rule
[People v. Cusi, G.R. No. L-20986 (1965)] 130]
These are statements which are relevant Expert witness is one who has made the
independently of whether they are true or not subject upon which he gives his opinion a
[Estrada v. Desierto, G.R. No. 146710 (2001)] matter of particular study, practice or
observation and he must have particular and
Two classes of independently relevant special knowledge on the subject [People v.
statements: Dekingco, G.R. No. 87685 (1990)]
1. Statements which are the very facts in
issue, and ADMITTING EXPERT TESTIMONY
2. Statements which are circumstantial
evidence of the facts in issue. They include Question in admitting expert testimony
the following: Whether the opinion called for will aid the fact
a. Statement of a person showing his finder in resolving an issue, or whether the
state of mind, that is, his mental judge is as well qualified as the witness to draw
condition, knowledge, belief, intention, its own or his own deductions from the
ill will and other emotions; hypothetical facts [Herrera]
b. Statements of a person which show his
physical condition, as illness and the Court discretion to exclude or include
like; expert evidence
c. Statements of a person from which an If men of common understanding are capable
inference may be made as to the state of comprehending the primary facts and
of mind of another, that is, the drawing correct conclusions from them, expert
knowledge, belief, motive, good or bad testimony may be excluded by the Court
faith, etc. of the latter; [Herrera]
d. Statements which may identify the
date, place and person in question; and Competency of witness is a preliminary
e. Statements showing the lack of question before testimony is admitted
credibility of a witness [Estrada v. It must be shown that the witness is really an
Desierto, G.R. No. 146710 (2001)] expert; determination of competency is a
preliminary question [Herrera]
6. Opinion Rule
The competence of an expert witness is a
Opinion is an inference or conclusion drawn matter for the trial court to decide upon in the
from facts observed [Black’s Law Dictionary] exercise of its discretion. The test of
qualification is necessarily a relative one,
General rule: The opinion of witness is not depending upon the subject matter of the
admissible [Sec. 51, Rule 130] investigation, and the fitness of the expert
witness. In our jurisdiction, the criterion
Exceptions: remains to be the expert witness' special
a. Expert witness [Sec. 52, Rule 130] knowledge, experience and practical
b. Ordinary witness [Sec. 53, Rule 130] training that qualify him/her to explain
highly technical medical matters to the
Court.
a. Opinion of Expert Witness;
Weight given It is the specialist's knowledge of the
requisite subject matter, rather than his/her
c. Criminal and civil cases 1. The parties shall file with the court and
serve on the adverse party, personally or
Evidence of the witness’ good character is not by licensed courier service, not later than
admissible until such character has been five days before pre-trial or preliminary
impeached conference or the scheduled hearing with
respect to motions and incidents, the
In all cases in which evidence of character or a following
trait of character of a person is admissible, a. The judicial affidavits of their
proof may be made by: witnesses, which shall take the place of
1. Testimony as to reputation; or such witnesses' direct testimonies; and
2. Testimony in the form of an opinion b. The parties' documentary or object
evidence, if any, shall be marked and
On cross-examination, inquiry is allowable into attached to the judicial affidavits
relevant specific instances of conduct. 2. Should a party or a witness desire to keep
the original document or object evidence in
In cases where the character or trait of his possession, he may, after the same has
character is an essential element of a charge, been identified, marked as exhibit, and
claim, or defense, proof may also be made of authenticated, warrant in his judicial
specific instances of that person’s conduct. affidavit that the copy or reproduction
[Sec. 54(c), Rule 130] attached to such affidavit is a faithful copy
or reproduction of that original. In addition,
the party or witness shall bring the original
document or object evidence for
comparison during the preliminary
conference with the attached copy,
reproduction, or pictures, failing which the
latter shall not be admitted. This is without
prejudice to the introduction of secondary b. Neither he nor any other person then
evidence in place of the original when present or assisting him coached the
allowed by existing rules. witness regarding the latter's answers.
[Sec. 2] A false attestation shall subject the lawyer
mentioned to disciplinary action, including
c. Contents disbarment.
[Sec. 4]
Shall be prepared in the language known to the
witness and, if not in English or Filipino, d. Offer and objection
accompanied by a translation in English or
Filipino [Sec. 3] Offer of and objections to testimony in
judicial affidavit
1. The name, age, residence or business 1. The party presenting the judicial affidavit of
address, and occupation of the witness his witness in place of direct testimony shall
2. The name and address of the lawyer who state the purpose of such testimony at the
conducts or supervises the examination of start of the presentation of the witness.
the witness and the place where the 2. The adverse party may move to disqualify
examination is being held the witness or to strike out his affidavit or
3. A statement that the witness is answering any of the answers found in it on ground of
the questions asked of him, fully conscious inadmissibility.
that he does so under oath, and that he 3. The court shall promptly rule on the motion
may face criminal liability for false and, if granted, shall cause the marking of
testimony or perjury any excluded answer by placing it in
4. Questions asked of the witness and his brackets under the initials of an authorized
corresponding answers, consecutively court personnel, without prejudice to a
numbered, that tender of excluded evidence under Section
a. Show the circumstances under which 40 of Rule 132 of the Rules of Court.
the witness acquired the facts upon [Sec. 6]
which he testifies
b. Elicit from him those facts which are Examination of the witness on his judicial
relevant to the issues that the case affidavit
presents; and 1. The adverse party shall have the right to
c. Identify the attached documentary and cross-examine the witness on his judicial
object evidence and establish their affidavit and on the exhibits attached to the
authenticity in accordance with the same.
Rules of Court 2. The party who presents the witness may
5. The signature of the witness over his also examine him as on re-direct.
printed name 3. In every case, the court shall take active
6. A jurat with the signature of the notary part in examining the witness to determine
public who administers the oath or an his credibility as well as the truth of his
officer who is authorized by law to testimony and to elicit the answers that it
administer the same needs for resolving the issues.
[Sec. 3] [Sec. 7]
7. A sworn attestation at the end, executed by
the lawyer who conducted or supervised Oral offer of and objections to exhibits
the examination of the witness, to the effect 1. Upon the termination of the testimony of his
that: last witness, a party shall immediately
a. He faithfully recorded or caused to be make an oral offer of evidence of his
recorded the questions he asked and documentary or object exhibits, piece by
the corresponding answers that the piece, in their chronological order, stating
witness gave; and
the purpose or purposes for which he offers documentary and object evidence
the particular exhibit. previously marked as Exhibits 1, 2, 3, and
2. After each piece of exhibit is offered, the so on. These affidavits shall serve as direct
adverse party shall state the legal ground testimonies of the accused and his
for his objection, if any, to its admission, witnesses when they appear before the
and the court shall immediately make its court to testify.
ruling respecting that exhibit. [Sec. 9]
3. Since the documentary or object exhibits
form part of the judicial affidavits that f. Effect of non-compliance
describe and authenticate them, it is
sufficient that such exhibits are simply cited Non-compliant
by their markings during the offers, the Consequence
behavior
objections, and the rulings, dispensing with Deemed to have waived
the description of each exhibit. their submission
[Sec. 8]
Note: Court may allow,
e. Application in criminal cases only once late submission,
Party’s failure provided
This Judicial Affidavit Rule shall apply to all 1. the delay (a) is for a
to submit
criminal actions: valid reason, (b)
1. Where the maximum of the imposable would not prejudice
penalty does not exceed six years; the opposing party
2. Where the accused agrees to the use of and
judicial affidavits, irrespective of the 2. the defaulting party
penalty involved; or pays a fine.
3. With respect to the civil aspect of the Witness’ failure
actions, whatever the penalties involved to appear at the Affidavit shall not be
are scheduled considered by the court
[Sec. 9] hearing
Deemed to have waived
Procedure Counsel’s
his client’s right to cross-
1. The prosecution shall submit the judicial failure to
examine the witnesses
affidavits of its witnesses not later than five appear
there present
days before the pre-trial, serving copies ·of Judicial affidavit cannot be
the same upon the accused. admitted as evidence
2. The complainant or public prosecutor shall
attach to the affidavits such documentary The court may, however,
or object evidence as he may have, allow only once the
marking them as Exhibits A, B, C, and so subsequent submission of
on. Non-
compliance the compliant replacement
3. No further judicial affidavit, documentary,
with content affidavits before the
or object evidence shall be admitted at the
and attestation hearing or trial provided
trial.
requirements 1. the delay (a) is for a
4. If the accused desires to be heard on his
valid reason, (b)
defense after receipt of the judicial would not prejudice
affidavits of the prosecution, he shall have the opposing party
the option to submit his judicial affidavit as and
well as those of his witnesses to the court 2. the defaulting party
within ten days from receipt of such pays a fine.
affidavits and serve a copy of each on the [Sec. 10]
public and private prosecutor, including his
There is nothing in the provisions of the Judicial Why Formal Offer is Necessary
Affidavit Rule, which prohibits a defendant from Parties are required to inform the courts of the
filing a demurrer to evidence, if he truly purpose of introducing their respective exhibits
believes that the evidence adduced by the to assist the latter in ruling on their admissibility
plaintiff is insufficient. [Lagon v. Velasco, G.R. in case an objection thereto is made. [Star Two
No. 208424 (2018)] v. Ko, G.R. No. 185454 (2011)]
The provisions of the Rules of Court and other A formal offer is necessary because it is the
rules of procedure in the investigative or quasi- duty of a judge to rest his findings of facts and
judicial bodies covered by this rule are his judgment only and strictly upon the
repealed or modified insofar as these are evidence offered by the parties to the suit. It is
inconsistent with the provisions of this Rule a settled rule that the mere fact that a particular
[Sec. 11] document is identified and marked as an
exhibit does not mean that it has thereby
already been offered as part of the evidence of
F. OFFER AND a party. [Parel v. Prudencio, G.R. 146556
(2006).
OBJECTION
No evidentiary value can be given to pieces of
1. Offer of Evidence evidence not formally offered [Dizon v. CTA,
G.R. No. 140944 (2008)]
General rule: The court shall consider no
evidence which has not been formally offered. However, where the absence of an offer of
The purpose for which the evidence is offered testimonial evidence was not objected to as
must be specified [Sec. 34, Rule 132] when the witness was cross-examined by the
adverse party despite failure to make an offer
Exception: of the testimony, the court must consider the
testimony.
5. To give trial court an opportunity to correct questions being propounded are of the same
its own errors and at the same time warn class as those to which objection was
the court that a ruling adverse to the sustained or overruled, it shall not be
objector may supply a reason to invoke a necessary to repeat the objection, it being
higher court’s appellate jurisdiction; and sufficient for the adverse party to record his/her
6. To avoid a waiver of inadmissibility continuing objection to such class of
[Riano] questions [Sec. 37, Rule 132]
Objections must be specific enough to A court may, motu proprio, treat the objection
adequately inform the court the rule of as a continuing one [Keller v. Ellerman &
evidence or of substantive law that authorizes Bucknall Steamship, G.R. No. L-12308 (1918)]
the exclusion of evidence [Riano]
Objection prior to the formal offer is premature
MANNER and could not be considered by the Court as
Objection to offer of evidence must be made basis for a continuing one [Interpacific Transit
ORALLY immediately after the offer is made v. Aviles, G.R. No. 86062 (1990)]
[Sec. 35, Rule 132]
Where a continuing objection had been
When to Object interposed on prohibited testimony, the
What to object to When to object objection is deemed waived where the
Testimony of a Immediately as soon objecting counsel cross-examined the witness
witness for lack of as the witness on the very matters subject of the prohibition
formal offer begins to testify [De Abraham v. Recto-Kasten, G.R. No. L-
16741 (1962)]
A question Must be made as
propounded in the soon as the grounds
course of oral become reasonably 5. Ruling
examination apparent
General rule: The ruling of the court must be
The grounds for objection must be specified
given immediately after the objection is made.
in any case.
[Sec. 36, Rule 132] Exception: The court desires to take a
reasonable time to inform itself on the question
Waiver of Objection presented; but the ruling shall always be made
When there is failure to point out some defect, during the trial and at such time as will give the
irregularity or wrong in the admission or party against whom it is made an opportunity to
exclusion of evidence. Such failure may take meet the situation presented by the ruling.
various forms and may either be expressed or [Sec. 38, Rule 132]
implied [Riano 353, 2016 Ed.]
A reasonable time must not extend beyond the
Effect of waiver ninety (90)-day reglementary period from the
Although hearsay evidence may be admitted date of submission of the formal offer of
because of lack of objection, it is nonetheless evidence [Beltran v. Paderanga, AM No. RTJ-
without probative value, unless the proponent 03-1747 (2003)]
can show that the evidence falls within the
exception to the hearsay evidence rule [Bayani The reason for sustaining or overruling an
v. People, G.R. No. 155619 (2007)] objection need not be stated. However, if the
objection is based on two or more grounds, a
4. Repetition of an Objection ruling sustaining the objection on one or some
of them must specify the ground/s relied upon
When it becomes reasonably apparent in the [Sec. 38, Rule 132]
course of examination of a witness that the
6. Striking Out an Answer The SC had advised trial courts to allow the
rejected [documentary] evidence to be
Motion to Strike attached to the record to enable the appellate
A motion to strike out goes to admissibility and court to examine the same and determine
not to weight; evidence should not be stricken whether the exclusion of the same was proper
out because of its little probative value or not [Herrera, citing Banez v. C.A., G.R. No.
[Herrera] L-30351 (1974)]
1. Court may sustain an objection and order If an exhibit sought to be presented in evidence
the answer, testimony, or narration to be is rejected, the party producing it should ask
stricken off the record if: the courts permission to have the exhibit
a. the witness answers the question attached to the record. Any evidence that a
before the adverse party had the party desires to submit for the consideration of
opportunity to object; a higher court must be formally offered by him
b. a question is not objectionable, but the otherwise it is excluded and rejected and
answer is not responsive; cannot even be taken cognizance of on appeal
c. the witness testifies without a question [Catacutan v. People, G.R. No. 175991 (2011)]
being posed;
d. the witness testifies beyond limits set Before tender of excluded evidence is made,
by the court; or the evidence must have been formally offered
e. the witness does a narration instead of before the court. And before formal offer of
answering the question; AND evidence is made, the evidence must have
f. such objection is found to be been identified and presented before the court
meritorious. [Yu v. C.A., G.R. No. 154115 (2005)]
2. The court may also, upon motion, order the
striking out of answers, which are
How to Tender Evidence case. Any such opportunity, however, for the
Kind of How to tender the ultimate purpose of the admission of additional
evidence evidence evidence is already addressed to the sound
Offeror may have the same discretion of the court [Republic v.
Documentary attached or made part of Sandiganbayan, G.R. No. 152375 (2011)
the record
Offeror may state for the
record the name and other
personal circumstances of
Testimonial
the witness and the
substance of the proposed
testimony
[Sec. 40, Rule 132]
Rationale
1. to allow the court to know the nature of the
testimony or the documentary evidence
and convince the trial judge to permit the
evidence or testimony; and
2. even if he is not convinced to reverse his
earlier ruling, the tender is made to create
and preserve a record for appeal
[Riano 360, 2016 Ed.]