Practice Court 1 PJA
Practice Court 1 PJA
PRACTICE
COURT 1
as lectured by Atty. Rickson Buenviaje,
with excerpts from Riano’s book
PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
DISCLAIMER
Some of the contents of the above have been paraphrased and questions propounded differently in
order to tailor the author‟s learning method.
Answers to some questions are likewise tailored to the personal preference of the author.
The 2020 Amendments to the Rules of Civil Procedure were not used in this work. Hence, notice of
hearing and explanation still appears in this work. Likewise, the verification and certification against
forum shopping observes the previous provision on the matter. However, the verification and
certificate against forum shopping under the amendments has been provided in the last portion of
this work due to Atty. Buenviaje‟s instruction to use such in writing pleadings for the exam.
I do not guaranty the absolute correctness of this work due to human errors and failure to
understand the question or concept perfectly. I apologize in advance for any error you may
encounter in this work.
However, please see to it that the error is an opportunity to learn, as Dean Jose Sundiang puts it
“The beauty of an error is to correct it, and not to perpetuate it.”
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PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
TABLE OF CONTENTS
FRAMEWORK OF CIVIL PROCEDURE …………………………………………..... 1
Stages in Civil Procedure …………………………………………………………………. 2
CAUSE OF ACTION …………………………………………………………………. 2
Elements of cause of action ………………………………………………………………... 2
Act v. omission …………………………………………………………………………….. 2
Is it enough that there is an act or omission for the ROC to come into play? ………………. 2
Is Cause of Action synonymous with Right of Action? ……………………………………... 2
Cause of Action v. Right of Action ………………………………………………………… 2
Where no cause of action exists, can there be a right of action? …………………………….. 2
Is the right of action restricted to the plaintiff only? ………………………………………... 2
When will the Rules of Court begin to apply ……………………………………………….. 2
When can a complaint be filed? …………………………………………………………….. 3
Is verification confined to the kinds of pleadings under the ROC …………………………. 3
PREPARATION OF COMPLAINT ……………………………………………….. 3
Rules considered …………………………………………………………………………… 3
Rule 2; Cause of Action …………………………………………………………………….. 3
Rule 3; Parties to Civil Actions ……………………………………………………………... 3
Indispensable parties ……………………………………………………………………….. 3
Rule 4; Venue of Actions …………………………………………………………………... 3
Venue in criminal v. civil actions …………………………………………………………… 3
Venue of real actions v. personal actions …………………………………………………… 3
Rule 6; Kinds of Pleadings …………………………………………………………………. 4
Pleadings allowed …………………………………………………………………………... 4
Rule 7; Parts of a Pleading ………………………………………………………………….. 4
Rule 8; Manner of Making Allegations in Pleadings ………………………………………… 4
Rule 9; Effect of Failure to Plead …………………………………………………………... 4
Rule 10; Amended and Supplemental Pleadings ……………………………………………. 4
Rule 11; When to File Responsive Pleadings ……………………………………………….. 4
Rule 13; Filing and Service of Pleadings and Other Papers …………………………………. 4
FILING AND SERVICE ………………………………………………………. ……… 4
What is included under the filing of the complaint? ………………………………………… 4
Filing v. service …………………………………………………………………………….. 4
To whom should filing be made ……………………………………………………………. 5
After the OCC found the pleadings filed to be sufficient, what is his duty? ………………… 5
How much docket fees should be paid? ……………………………………………………..5
What proof is needed in order to consider one as an indigent party? ……………………….. 5
Assume that the party failed to pay correct and full docket fees,
should the court dismiss it outright? ………………………………………………………... 5
INTERIM REMEDIES AFTER FILING AND SERVICE ………………… …….. 5
Motion to dismiss ………………………………………………………………………… 5
Dismissal upon notice by plaintiff …………………………………………………….. 5
Rule as to the nature of the dismissal ………………………………………… ……….. 6
Two-dismissal rule ……………………………………………………………………. 6
Class suit ……………………………………………………………………………….. 6
Dismissal upon motion of plaintiff ……………………………………………………. 6
Rule as to counterclaims ……………………………………………………………… 6
Rule as to the nature of the dismissal ………………………………………………… 6
Class suit ……………………………………………………………………………….. 6
Dismissal due to fault of plaintiff; ……………………………………………………… 7
Grounds ……………………………………………………………………………….. 7
Who may file? …………………………………………………………………………. 7
Rule as to the nature of the dismissal ………………………………………………… 7
Amendments ……………………………………………………………………………… 7
Amendments as a matter of right .,……………………………………………………. 7
Requisites ……………………………………………………………………………… 8
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PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Responsive pleading …………………………………………………………………… 8
Reply …………………………………………………………………………………… 8
Motion to dismiss ……………………………………………………………………… 8
May the party amend as a matter of right after amending it before? ……………. ………… 8
Amendments by leave of court ………………………………………………………… 8
Requisites ………………………………………………………………………………. 8
Substantial amendment ………………………………………………………………… 8
Formal amendments ……………………………………………………………………. 8
Rule as to formal amendments ……………………………………………………….. 9
SUMMONS ……………………………………………………………………. ……… 9
Modes of service ………………………………………………………………………….. 9
Personal service or in person on defendant …………………………………………… 9
Modes under personal service/in person on defendant ……………………………. 9
Tender …………………………………………………………………………………. 9
Substituted service ………………………………………………………………………. 9
When is substituted service available? …………………………………………………. 9
Conditions ……………………………………………………………………………… 9
Alias summons …………………………………………………………………………… 10
Remedies available ……………………………………………………………………… 10
INTERIM REMEDIES AFTER SERVICE OF SUMMONS ……………… ……… 10
Grounds of motion to dismiss ……………………………………………………………... 10
Motion for bill of particulars ………………………………………………………………...10
Bill of particulars v. motion to dismiss ……………………………………………………... 11
Answer including affirmative defense of Motion to Dismiss ………………………………. 11
ANSWER ………………………………………………………………………………. 11
Effect of filing answer ……………………………………………………………………… 11
INTERIM REMEDIES AFTER FILING OF ANSWER ………………………… 11
Motion for judgment on the pleadings ………………………………………………… 11
Grounds ………………………………………………………………………………….. 11
To whom is judgment on the pleadings available? ……………………………….. ………. 11
Motion for summary judgment ………………………………………………………….. 11
Ground ……………………………………………………………………………………. 12
Who may avail? ……………………………………………………………………………. 12
PRE-TRIAL …………………………………………………………………………… 12
What is prepared and filed by the parties? ………………………………………………….. 12
What is issued by the court? ………………………………………………………………... 12
Rule as to pre-trial order ……………………………………………………………………. 12
TRIAL ………………………………………………………………………………….. 12
Assume that the plaintiff has two (2) witnesses,
how would the examination proceed? ………………………………………………………. 12
After the examination of witnesses, what should the plaintiff do? ………………………….. 12
What are the remedies available to the defendant after the formal offer? …………………… 12
Pleading filed in case of opposition or objection …………………………………………… 12
Assume the objection is sustained, what are the remedies available to the plaintiff? …………12
Assume the objection is overruled or no objection is posed,
what should the plaintiff do? ……………………………………………………………….. 13
After resting its case, what is the remedy available to the defendant? ……………………….. 13
Is a demurrer available to the plaintiff? ……………………………………………………... 13
Consider that no demurrer to evidence has been filed by the defendant,
and the latter has two (2) witnesses, how should examination proceed? ……………………. 13
What are the remedies available to the plaintiff after such examination? ……………………. 13
What are the remedies available to the defendant after such examination? …………………. 13
Direct examination …………………………………………………………………………. 13
Continuous examination rule ……………………………………………………………….. 13
Example of examination during trial with two (2) witnesses each ………………………….. 13
DECISION …………………………………………………………………………….. 14
POST-JUDGMENT …………………………………………………………………… 14
Remedies ……………………………………………………………………………………14
When is compromise allowed ………………………………………………………………. 14
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PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Considering that procedural law governs the procedure in court,
what is the purpose of substantive law? …………………………………………………….. 14
COMPLAINT ……………………………………………………………………………. 15
Basic principles …………………………………………………………………………… 15
Purpose of a complaint …………………………………………………………………… 15
Matters required to appear in a complaint ………………………………………………… 15
PARTS OF A PLEADING ……………………………………………………………. 15
CAPTION ………………………………………………………………………………… 15
What appears in a caption? ………………………………………………………………… 15
Rule as to names of parties ………………………………………………………………… 15
THE BODY ………………………………………………………………………………. 16
What appears in the body? ………………………………………………………………… 16
Rule as to causes of actions joined in one complaint ………………………………………. 16
Paragraphs ………………………………………………………………………………… 16
Importance of numbering of paragraphs …………………………………………………… 16
What are facts needed as present in a complaint? ………………………………………….. 16
Ultimate facts ……………………………………………………………………………… 16
Does the requirement of ultimate facts applicable to the plaintiff alone? ………………….. 17
Can conclusions be stated as allegations? ……………………………………………………17
Is it required that evidentiary facts appear in the complaint? ……………………………… 17
Relief ………………………………………………………………………………………. 17
General prayer ………………………………………………………………………………17
Basis for grant of general prayers …………………………………………………………... 17
Can the court grant a prayer not specifically prayed for? …………………………………… 17
SIGNATURE AND ADDRESS …………………………………………………………. 17
Which kind of pleadings must be signed? ………………………………………………….. 17
Which kind of pleadings must be dated? …………………………………………………… 18
Who may sign the pleading? ……………………………………………………………….. 18
When may a counsel sign for the party? ……………………………………………………. 18
Considering the above, what would be advisable
before the counsel signs the complaint? ……………………………………………………. 18
What if the party or his counsel did not sign the pleading? …………………………............. 18
Exceptions to effects of unsigned pleading ………………………………………………….18
What if the counsel‟s legal researcher signed the pleading? …………………………………. 18
Effect of counsel‟s signature (Warranties of counsel‟s signature) …………………………… 18
Student Practice Rule ………………………………………………………………………. 18
When is an address required in pleadings? ……………………..…………………………… 18
Purpose of including address in complaint …………………………………………………. 18
Is a post office box (P.O. Box) address allowed? …………………………………………… 18
Directly delivered to party v. P.O. Box …………………………………………………….. 19
Disciplinary action of lawyers ………………………………………………………………. 19
Is the date on the pleading the basis of reckoning period? ………………………………….. 19
Rule as to date of filing …………………………………………………………………….. 19
A pleading is due on Friday.
Counsel mailed it through registered mail on Thursday,
and subsequently arrived to opposing party on Monday.
The opposing party avers that the same was filed after the allowed period.
Is he correct? ………………………………………………………………………………. 19
As counsel in Manila, your pleading is due today.
However, due to heavy traffic in EDSA,
you were still in traffic at 430PM. Is all hope for your client lost? …………………………. 19
VERIFICATION ………………………………………………………………………… 19
Rule as to verification …………………………………………………………………….. 19
Examples of when verification required …………………………………………………… 19
Are “initiatory pleadings” restricted to first pleadings filed? ………………………………. 20
How is verification done? …………………………………………………………………. 20
When will a pleading required to have a verification
amount to an unsigned pleading? …………………………………………………………... 20
CERTIFICATION AGAINST FORUM SHOPPING ………………………………… 20
When required……………………………………………………………………………… 20
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PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
If without certification ……………………………………………………………………. 20
That there is no certification, the plaintiff now requests that he be
allowed to amend the pleading. Can the defect be cured? ………………………………….. 21
Effect of false certification ………………………………………………………………… 21
Effect of non-compliance with the undertakings ………………………………………….. 21
Effect of wilful and deliberate forum shopping ……………………………………………. 21
Who signs the verification and certificate of forum shopping? …………………………….. 21
COMPLAINT WRITING ……………………………………………………………… 21
Formula for complaint …………………………………………………………………….... 21
Checklist …………………………………………………………………………………… 21
Designation of parties ……………………………………………………………………… 21
Is the IBP No. and Roll No. the same? ……………………………………………………... 22
Effect of MCLE No. omission ……………………………………………………………... 22
When Jurat is needed ……………………………………………………………………….. 22
For identification purposes in the jurat,
may the notary public accept a community tax certificate? ………………………………….. 22
Is an acknowledgment necessary in all complaints? ………………………………………… 22
Is copy furnished necessary? ………………………………………………………………... 22
Is a notice of hearing necessary? ……………………………………………………………. 22
Sample ………………………………………………………………………………………………. 23
MOTION ………………………………………………………………………………… 22
Definition ……………………………………………………………………………….. 22
Is a motion a pleading? ………………………………………………………………….. 22
Pleading v. motion ………………………………………………………………………. 26
Kinds of motion ………………………………………………………………………… 26
Ex parte motion ………………………………………………………………………….. 26
Examples of ex parte motions ……………………………………………………………. 26
Is a motion to set case for pre-trial limited to be filed by the party? ………………. ……… 26
Litigated motion …………………………………………………………………………. 26
Examples of litigated motions …………………………………………………………… 26
Ex parte v. litigated motions ……………………………………………………….. ……… 26
May a non-debatable issue covered by an ex parte motion be
debatable and be subjected to hearing? …………………………………………….. ……… 27
Presumption as to written motions ………………………………………………………. 27
Can a motion not expressly provided for under the Rules be filed? ………………. ………. 27
Motion for Judicial Determination of Probable Cause …………………………….. ……… 27
Form of motions …………………………………………………………………………. 27
Examples of motions made in open court …………………………………………. ………. 27
Contents of a motion ……………………………………………………………………. 28
Examples of motions which requires affidavits ……………………………………. ………. 28
Requisites of valid motions ………………………………………………………………. 28
Effect of failure to do the above …………………………………………………………. 28
Notice rules ………………………………………………………………………………. 28
Omnibus motion rule ……………………………………………………………………. 28
Exceptions to omnibus motion rule ……………………………………………………… 29
Motion day ……………………………………………………………………………….. 29
MOTION WRITING ………………………………………………………………….. 29
Formula ……………………………………………………………………………………..29
Checklist …………………………………………………………………………………… 29
Rule as to verification of motions …………………………………………………………... 29
Sample ……………………………………………………………………………………... 31
PRE-TRIAL ……………………………………………………………………………… 33
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PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Definition ……………………………………………………………………………......... 33
Purpose …………………………………………………………………………………… 33
Who must appear in pre-trial? ……………………………………………………………. 33
Purpose of requiring attendance of party and counsel ……………………………………. 33
Can the authority be in the form of an authorization letter? ………………………. ……… 34
Effect of failure to appear ………………………………………………………………… 34
Assuming defendant failed to appear, will the court
automatically render judgment in favor of the plaintiff? ………………………….. ………. 34
“Last pleading” …………………………………………………………………………… 34
Can a party move to reset the pre-trial conference? ……………………………….. ………. 34
Pre-trial in civil v. criminal cases ………………………………………………………….. 34
Components of pre-trial …………………………………………………………………. 35
Pre-trial conference ………………………………………………………………………. 35
Philippine Mediation Center ……….…………………………………………………….. 35
Effect of agreement or non-agreement in the PMC ………………………………. ………. 35
Judicial Dispute Resolution ………………………………………………………………. 35
Effect of agreement or non-agreement in the JDR ……………………………….. ………. 35
Rationale for re-raffling of case after failure of JDR ……………………………… ……… 36
PRE-TRIAL BRIEF WRITING ……………………………………………………… 36
Formula ……………………………………………………………………………………..36
Contents …………………………………………………………………………………….36
Effect of failure to file pre-trial brief ………………………………………………………... 36
Is copy furnished required? ………………………………………………………………… 36
Is notice of hearing required? ………………………………………………………………. 36
Is an acknowledgment required? …………………………………………………………….36
Is a verification and certification against forum shopping required? ………………………... 36
Is a jurat required? …………………………………………………………………………... 36
Additional requirement in case of corporations ……………………………………………. 36
Sample ……………………………………………………………………………………... 37
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PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Caveat as to language ………………………………………………………………...……… 41
Documents in the JA ………………………………………………………………………. 41
Is it necessary that documents in the JA be original? ………………………………. ……… 41
Objects in JA ……………………………………………………………………………….. 41
Contents of a JA …………………………………………………………………... ………. 41
Effects of lawyer‟s signature in JA (Warranties of lawyer‟s signature in JA) ………………… 42
Procedure in courts ………………………………………………………………………… 42
Proponent asked his witness
“In relation to this case, did you execute a Judicial Affidavit?”.
As the adverse counsel, how would you object? ……………………………………………. 42
In the above problem, the Judge stated
“Objection sustained, reform.” As the proponent, how would you reform your question? …. 42
After the question has been allowed, the witness said “Yes”.
The proponent asked “Is it a judicial affidavit?”.
As adverse counsel, how would you object? ……………………………………………….. 42
As proponent, how would you reform the question? ……………………………………… 42
Considering that the judge allowed the question, and the witness answered
“I executed a judicial affidavit.” How would you present the judicial affidavit? …………….. 42
As proponent, how would you attach the documents mentioned in the JA as exhibits? ……. 43
As proponent, after all exhibits, let‟s say up to O have been attached,
what should you do next? ………………………………………………………………….. 43
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PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
FRAMEWORK OF CRIMINAL PROCEDURE ……………………………………… 57
Stages ………………………………………………………………………………………. 58
ACT OR OMISSION ….................................................................................................. 58
Felony ……………………………………………………………………………………… 58
What is the importance of felony in criminal procedure? …………………………. 58
Is it enough that there is a felony in order for the
Rules of Court to come into play? ………………………………………………… 58
Is it correct to say that all criminal acts are found
in the Revised Penal Code (RPC)? ………………………………………………….58
Is it required that the SPL is strictly penal in nature (e.g. RA 9165)
in order to be considered as such? ……………………………………………….... 58
What is the initiatory pleading in criminal cases? …………………………………………… 59
Designation of parties in the complaint-affidavit …………………………………………… 59
Where should the initiatory pleading be filed? ……………………………………………… 59
When filing in OP mandatory ……………………………………………………………… 59
Is the filing in the OP in case of chartered cities an absolute rule? …………………………. 60
Procedure in the Office of the Prosecutor ………………………………………………. 60
Preliminary Investigation …………………………………………………………. 60
Purpose of preliminary investigation ……………………………………………… 60
What is the tagalog term of preliminary investigation? …………………................... 60
Probable cause …………………………………………………………................... 60
Threshold in determining necessity of PI ………………………………................... 61
If PI is not necessary, how can the case be filed? ……………………….................... 61
Imposable penalty v. imposed penalty ………………………………….................... 61
In case the IP determines that PI is not necessary, what happens next? …………... 61
In case the IP determines the necessity of PI, what will be issued? ………………... 61
Subpoena …………………………………………………………………………... 61
Pleading to be filed after issuance of subpoena ……………………………………... 61
Pleading to answer counter-affidavit ……………………………………………… 61
Pleading to answer reply-affidavit ………………………………………………… 61
Pleading to answer rejoinder-affidavit …………………………………………….. 61
Pleading filed to answer sur-rejoinder ……………………………………………... 61
Summary of pleadings during hearing in the OP ………………………………….. 61
Where should the finding or absence of probable cause be stated? ……………….. 62
If the IP determines that there is no PC, what happens next? …………………….. 62
If the IP determines that there is PC, what happens next? ……………………….. 62
Remedy against the IP‟s resolution ………………………………………………... 62
Considering that motions need not be verified,
is the rule applicable to a motion for reconsideration filed in the OP?........................ 62
In case the motion for reconsideration was denied by the OP,
will the complainant or respondent do not have any available recourse? …………. 62
Assume that the resolution found a probable cause against the respondent,
what will the IP do? ………………………………………………………………. 62
Designation of parties in the information ………………………………………… 62
Procedure in the Office of the Ombudsman ……………………………………………. 62
Jurisdiction of the Office of the Ombudsman …………………………………….. 62
Procedure in Lupon Tagapamayapa ……………………………………………………. 63
When Lupon required …………………………………………………………….. 63
Exception to same residence rule …………………………………………………. 63
Restriction as to lawyers …………………………………………………………... 64
Common types of cases brought to the Lupon …………………………………… 64
Where should a compromise agreement be executed? ……………………………. 64
After the Lupon issues a certificate to file action,
where should the complaint-affidavit be filed? ……………………………………. 64
In Flagrante Delicto ……………………………………………………………………… 64
Is there an instance where despite no complaint-affidavit filed,
an information was prepared by the IP? ………………………………………….. 64
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PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Is it enough that the accused was caught red handed? …………………………….. 64
Remedy of offender ………………………………………………………………. 65
What if the offender files the motion for conduct of preliminary investigation
on the 7th day upon learning of the filing? ………………………………………... 65
ISSUANCE OF WARRANT OF ARREST …………………………………………….. 65
Where should the complaint-affidavit or information be filed? …………………………….. 65
Jurisdiction of trial courts ……………………………………………………………….. 65
Is it correct to say that all cases falling under the jurisdiction of the MTC
did not undergo preliminary investigation? ………………………………………... 65
Why is direct filing only available to the MTC? …………………………………..... 65
Will all cases prior requiring filing to the Lupon all be filed to the MTC? ………..... 66
Summary of thresholds …………………………………………………………..... 66
After the complaint or information has been filed in the proper court,
what should the judge do? ………………………………………………………... 66
Is the determination of probable cause by the prosecutor
and the judge one and the same? ………………………………………………….. 66
If the judge found probable cause, what should he do next? ……………………..... 66
Jurisdiction of Sandiganbayan ………………………………………………………….. 66
Assume that a criminal case has been filed with the Ombudsman,
upon finding of probable cause where should the information be filed? …………. 68
PROVISIONAL REMEDIES TO THE WARRANT OF ARREST (AIRRS) ………. 68
Attachment ………………………………………………………………………………… 69
Is preliminary attachment in civil cases and attachment
in criminal cases one and the same? ………………………………………………. 69
Preliminary injunction ……………………………………………………………………… 69
Receivership ……………………………………………………………………………….. 69
Replevin …………………………………………………………………………………… 70
Support pendente lite ………………………………………………………………………… 70
BAIL ………………………………………………………………………………………. 70
Kinds of bail ………………………………………………………………………………... 70
Can a cash deposit be in check? …………………………………………………………….. 70
What should be the value for the property bond? …………………………………………... 70
Surety bond ………………………………………………………………………………… 70
Recognizance ………………………………………………………………………………. 70
Classifications of bail ……………………………………………………………………….. 71
Bail as a matter of right …………………………………………………………………….. 71
Why is the phrase “…of an offense not punishable by death, reclusion perpetua,
or life imprisonment” under (b) of the aforesaid section is not present under (a)
as to the MTC? …………………………………………………………………… 71
In case of the RTC, why is bail only a matter of right before conviction? ………… 71
Discretionary bail …………………………………………………………………………... 71
To what court does discretionary bail apply? ……………………………………… 72
Summary …………………………………………………………………………………… 72
Remedies …………………………………………………………………………………… 72
Assume that the crime is not punishable by death, reclusion perpetua,
or life imprisonment, but the RTC ordered upon conviction that it is not bailable,
as counsel for the accused would you tell your client that no bail is possible? ……. 72
Assume that bail was subsequently granted,
however your client‟s money is not enough,
is there any other recourse aside from paying the whole amount? ………………… 72
After bail has or has not been availed of, what comes next? ……………………………….. 72
REMEDIES AVAILABLE FROM FILING OF
INFORMATION/COMPLAINT IN COURT UP TO
PRIOR TO ARRAIGNMENT AND PRE-TRIAL …………………………………… 73
Rationale for the remedies ………………………………………………………………….. 73
Bill of particulars v. motion to quash ……………………………………………………….. 73
Motion to question validity of arrest ………………………………………………………... 73
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Motion for conduct of preliminary investigation …………………………………………… 74
Effect of filing a motion for conduct of PI ………………………………………………… 74
Considering that the above has been waived, would bail be waived as well? ………………... 74
Period for conduct of PI …………………………………………………………………… 74
Effect if motion filed after the period of five (5) days from filing of the information ……… 74
Meritorious motions ………………………………………………………………………... 74
If the motion has no plausible ground and/or without
supporting documents and evidence, what is the effect? ……………………………………. 75
Rule as to motion for postponement ……………………………………………………….. 75
ARRAIGNMENT AND PRE-TRIAL …………………………………………………. 75
Are arraignment and pre-trial conducted separately? ……………………………………….. 75
When arraignment and pre-trial set ………………………………………………………… 75
In case of a non-detained accused, how can the court acquire jurisdiction? ………………… 75
Cases referred to the Philippine Mediation Center (PMC) ………………………………….. 75
Period to conduct mediation ……………………………………………………………….. 76
Effect of failure of mediation or period to mediate expired ………………………………… 76
TRIAL …………………………………………………………………………………….. 76
Period to conduct trial ……………………………………………………………………… 76
Examination of witnesses …………………………………………………………………... 76
Is there an instance when reverse trial, where the accused presents first, is allowed? ………. 76
REMEDY AFTER TRIAL ………………………………………………………………. 76
Demurrer to evidence …………………………………………………………………….. 76
Ground for a demurrer to evidence ………………………………………………..76
Effect of demurrer to evidence …………………………………………………… 76
Kinds of demurrer to evidence …………………………………………………… 76
Effect of denial of demurrer with leave of court v. without leave of court ………... 77
PROMULGATION OF JUDGMENT …………………………………………………. 77
Period to promulgate judgment …………………………………………………………….. 77
POST-JUDGMENT REMEDIES ……………………………………………………… 77
Grounds of motion for new trial …………………………………………………………… 77
Grounds of motion for reconsideration ……………………………………………………. 77
When should a motion for reconsideration or new trial be filed? …………………………… 77
Who may file the motion for new trial or reconsideration? …………………………………. 78
Appeal ………………………………………………………………………………………78
What order can be appealed? ……………………………………………………………….. 78
Who may file an appeal? ……………………………………………………………………. 78
When can an appeal be disallowed? ………………………………………………………… 78
In the judgment, the accused was acquitted. Subsequently an appeal was set against him.
Can the court entertain the appeal? …………………………………………………………. 78
People v. Alejandro …………………………………………………………………………….78
Is a petition for annulment of judgment or relief from judgment available in criminal cases? .. 78
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What if the information was filed due to being caught in the act,
is a certification still necessary? ……………………………………………………………... 81
TEST OF SUFFICIENCY ……………………………………………………………… 81
Place of commission ……………………………………………………………………... 81
Rationale ………………………………………………………………………….. 81
Rule ………………………………………………………………………………. 81
Example of general allegation …………………………………………………….. 81
Crimes which require specific place of commission ………………………………. 81
Date of commission ……………………………………………………………………… 82
Rule ………………………………………………………………………………. 82
Example of general allegation …………………………………………………….. 82
Crimes which require specific date of commission ………………………………. 82
Names of offended party and accused ………………………………………………….. 82
Rationale ………………………………………………………………………….. 82
Rule as to the name of the accused ……………………………………………….. 82
How can the name of the accused be deemed sufficient? ………………………… 82
Examples of names used in case it cannot be ascertained ………………………… 82
How about the use of the name Juan Dela Cruz? ………………………………… 82
Rule as to name of the offended party ……………………………………………. 83
How can the name of the offended party be deemed sufficient? …………………. 83
Prohibition on duplicity of offense ……………………………………………………… 83
Rule as to number of acts complained of in the information ……………………… 83
An information was prepared by the investigating prosecutor
wherein it concluded that there is a probable cause that the
accused committed the illegal possession, sale, and use of drugs.
Is the information valid considering that the said acts belong to one statute,
which is RA 9165? ………………………………………………………………... 83
Mr. A and Mrs. B are spouses, married on 24 March 1980 in Makati City.
Their marriage brought them one (1) child.
Mr. A, being a businessman, went to business trips often.
During one business trip, Mr. A met Ms. C, and they fell deeply in love.
Due to their strong affection for each other,
they got married on 15 August 2019 in Baguio City.
Can Mrs. B file a case against Mr. A? …………………………………………………… 84
Would the exact place where the crime of bigamy
was committed need to be specifically stated? ……………………………………………….84
In case the investigating prosecutor determined that a case may be filed,
and is to prepare an information,
where should the information be filed and addressed to? …………………………………... 84
What if instead of Baguio, it was filed in Makati? ………………………………………….... 84
SAMPLES ………………………………………………………………………………… 85
Complaint-affidavit ………………………………………………………………………. 85
Information ……………………………………………………………………………….. 86
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Grounds to avail private prosecutor ……………………………………... 89
Authority required ………………………………………………………. 89
Can the private prosecutor prosecute the case even
in the absence of the public prosecutor? ………………………………… 89
Up to when is the authority of the private prosecutor valid? …………….. 89
Required signature in case filed by private prosecutor ……………………89
Rationale for requiring signature of assistant city prosecutor ……………. 89
Copy furnish …………………………………………………………….. 89
Motions filed by defense …………………………………………………………………. 89
Who may file? …………………………………………………………………….. 89
Would there be a difference in the pleading based on the counsel of the accused? .. 89
When will there be a difference in the pleadings based
on the counsel of the prosecution? ………………………………………………... 89
Required persons furnished in case adverse counsel is public prosecutor …………. 89
Required persons furnished in case adverse counsel is private prosecutor ………… 90
Rationale for requiring a copy furnished to the assistant city prosecutor …………. 90
Entry of appearance ……………………………………………………………………… 90
When is an entry of appearance necessary in criminal cases? ……………………… 90
Withdrawal as Counsel …………………………………………………………………… 90
Additional requirement in case of motion to withdraw as counsel …………………90
Can such motions be filed via notice? ……………………………………………...90
FORMAL OFFER OF EVIDENCE (FOE) …………………………………………… 90
Relevance of judicial affidavit rule (JAR) …………………………………………………… 90
JAR in criminal cases ………………………………………………………………………. 90
Summary of applicability of JAR in criminal cases ………………………………………….. 90
FOE submitted by public prosecutor …………………………………………………… 90
Signature required ………………………………………………………………… 90
Is there a need for an approval of the city or assistant city prosecutor? …………… 90
Copy furnished …………………………………………………………………… 90
FOE submitted by private prosecutor …………………………………………………... 90
Signature required ………………………………………………………………… 91
Copy furnished …………………………………………………………………… 91
FOE submitted by defense ………………………………………………………………. 91
Would the enumeration of exhibits be the same with the prosecution? …………... 91
Copy furnished …………………………………………………………………… 91
COMMENT/OPPOSITION …………………………………………………………… 91
Rules ……………………………………………………………………………………….. 91
SAMPLES ………………………………………………………………………………… 92
Motion by public prosecutor …………………………………………………………….. 92
Motion (withdrawal as counsel) by private prosecutor ………………………………… 94
Entry of appearance ……………………………………………………………………… 96
FOE by public prosecutor ……………………………………………………………….. 97
FOE by private prosecutor ………………………………………………………………. 100
FOE by accused, furnished to public prosecutor ………………………………………. 102
FOE by accused, furnished to private prosecutor ……………………………………… 104
Comment/Opposition by accused, furnished to public prosecutor …………………... 106
Comment/Opposition by accused, furnished to private prosecutor ………………...... 108
Comment/Opposition by public prosecutor …………………………………………… 110
Comment/Opposition by private prosecutor …………………………………………… 112
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and you are about to use the left side pages, where should you start? ……………………… 114
Where should the question number be placed? …………………………………………….. 114
Assume that the question number is stated as “III”, how should it be written? …………….. 114
Paragraphs …………………………………………………………………………………. 114
What if your answer is on the 2nd to the last line,
and you still have a few more words to write,
should you write on the last line at the bottom of the page? ……………………………….. 114
Subquestions ………………………………………………………………………………. 114
Purpose of writing answers to subquestions in separate pages …………………………….. 114
Enumerations ……………………………………………………………………………… 114
Can a symbol, such as “*” be used in enumerating? ……………………………………….. 114
Assume that the question is “What are the seven (7) elements of (concept)”,
and unfortunately you forgot one of the elements, what would be advisable? ……………… 114
Assume that you still have three answers left to the enumeration,
can you use an arrow directing to the blank portion of
the booklet and continue from there? ……………………………………………………… 115
Definitions …………………………………………………………………………………. 115
Assume that in answering the question, you forgot to put a certain phrase
that would make the construction of the sentence correct, how would you correct it? ………115
Assume that you wrote a wrong phrase which completely alters your supposed answer,
what should you do? ………………………………………………………………………... 115
Assume that by mistake, upon checking your answers,
you skipped a page, what should you do? …………………………………………………... 115
Distinctions ………………………………………………………………………………… 115
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FRAMEWORK OF CIVIL No, there must be enforcement made
PROCEDURE through the filing of the initiatory
pleading.
Stages in Civil Procedure
Q: Is Cause of Action synonymous with
1. Cause of Action; Right of Action?
2. Drafting of complaint;
3. Filing and Service; No
4. Raffle
5. Summons; Cause of Action (CoA) v. Right of Action
6. Answer; (RoA)
7. Pre-trial; CoA RoA
8. Trial NATURE Substantive Procedural
9. Judgment
DEFINITION Act or omission Right to file a
10. Post-judgment by which a party suit or to
11. Execution violates the right institute an
of another action
CAUSE OF ACTION
Q: Where no cause of action exists, can
2.02. Cause of action, defined; there be a right of action?
A cause of action is the act or omission by
which a party violates a right of another No. Instead, right of action can only
exist if there is a cause of action
Elements of cause of action
Q: Is the right of action restricted to the
1. Legal right in favor of plaintiff; plaintiff only?
2. Correlative legal duty of the defendant
to respect such rights; and No, as it refers to a “party”, hence,
3. Act or omission by such defendant in even the defendant.
violation of the right of the plaintiff
with a resulting injury or damage to Q: When will the Rules of Court (ROC)
the plaintiff for which the latter may begin to apply?
maintain an action for the recovery of
relief from the defendant Upon the filing of the initiatory
pleading such as a complaint,
Act v. omission information or complaint-affidavit, or
petition, as the case may be:
Act is positive in nature, hence the CASE PLEADING
Civil Complaint
doing of something. Criminal If Preliminary Complaint-
Investigation affidavit
Omission is negative in nature, hence (when the
the refusal or failure to do something crime has the
penalty of at
least 4 years, 2
Q: Is it enough that there is an act or months, and 1
omission for the ROC to come into play day)
If Direct Filing Information
Special Proceeding Petition
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Q: When can a complaint be filed? Indispensable parties
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the case of a non-resident defendant where he This is in accordance to due process
may be found, at the election of the plaintiff. requirements, as to inform the adverse
party of the case against him.
Hence, venue of actions shall be:
Rule 9; Effect of Failure to Plead
1. If real actions;
a. Where property situated; To know the legal repercussions of
or such failure
b. Where portion situated
2. If personal actions, at the Rule 10; Amended and Supplemental
election of the plaintiff; Pleadings
a. Where plaintiff or any
principal plaintiff resides; As to make the counsel know when
or the amending or supplementing is
b. Where defendant or any available
principal defendant
resides; or Rule 11; When to File Responsive
c. In case of a non-resident Pleadings
defendant, where he may
be found To know legal repercussions when
there is failure to do so
Rule 6; Kinds of Pleadings
Rule 13; Filing and Service of Pleadings
To enable the counsel to know the and Other Papers
allowed pleadings in civil actions
As to make the counsel aware of the
Pleadings allowed methods and means allowed by law,
and those which should be complied
6.02. Pleadings allowed; with
The claims of a party are asserted in a
complaint, counterclaim, cross-claim, third FILING AND SERVICE
(fourth, etc.)-party complaint, or complaint-
in-intervention. Q: What is included under the filing of the
complaint?
The defences of a party are alleged in the
answer to the pleading asserting a claim a) Payment
against him. a. Docket fees
b. Filing fees
An answer may be responded to by a reply. b) Filing
c) Service
Rule 7; Parts of a Pleading
Filing v. service
In order for the counsel to know what
should appear in a pleading. Filing is the act of presenting the
pleadings or other paper to the clerk
Rule 8; Manner of Making Allegations in of court.
Pleadings
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Service is the act of providing the No, in practice, the court still raffles
adverse party the copy of the pleading. the case, and gives the plaintiff ample
time to pay the same.
Q: Considering the table below, to whom
should filing be made? However, in case the defendant
objected on the ground of non-
Branch Clerk payment of full and correct docket
fees, the court orders the plaintiff fails
Branch Clerk to pay.
Office of the Clerk
TRIAL COURT
of Court
Branch Clerk Only after the failure to comply with
the order will the court resort to
Branch Clerk dismissal.
Q: Assume that the party failed to pay Under this mode of dismissal, the
correct and full docket fees, should the dismissal itself is the notice, NOT the
court dismiss it outright? confirmation issued by the court.
Hence, this dismissal is a matter of
right.
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Rule as to the nature of the dismissal action unless within fifteen (15) days from
notice of the motion he manifests his
GR: Without prejudice preference to have his counterclaim resolved
ER: If stated in the notice; or in the same action. Unless otherwise specified
Two-dismissal rule in the order, a dismissal under this paragraph
shall be without prejudice. A class suit shall
Two-dismissal rule not be dismissed or compromised without the
approval of the court.
Under the last portion of the
provision, the dismissal by notice shall Under this mode of dismissal, the
be with prejudice under the following plaintiff needs the approval of the
requisites: court, as the answer or the motion for
summary judgment has already been
a) Plaintiff twice dismissed the filed.
action BY NOTICE;
b) Based on or including the Those that does not fall under
same claim; and dismissal upon notice, shall fall under
c) In a court of competent this provision
jurisdiction
Rule as to counterclaims
Notice that under the third requisite, it
must be in a court of competent The dismissal under this provision is
jurisdiction. Hence, if it is wrongly limited ONLY TO THE
filed in a court which has no COMPLAINT. Hence, the
jurisdiction, the rule would not apply. counterclaim remains, and the
defendant may prosecute:
Class suit
GR: In a separate action
Take note that under the next section, ER: Manifests his intent to
class suit cannot be dismissed without prosecute the counterclaim in
the approval of the court. the same action within fifteen
(15) days from receipt of the
Hence, dismissal upon notice cannot notice
be made in case of a class suit
Rule as to the nature of the dismissal
17.02. Dismissal upon motion of plaintiff;
Except as provided in the preceding section, a GR: Without prejudice
complaint shall not be dismissed at the ER: If stated in the order
plaintiffs instance save upon approval of the
court and upon such terms and conditions as Class suit
the court deems proper. If a counterclaim has
been pleaded by a defendant prior to the Under the last portion of the
service upon him of the plaintiffs motion for provision, a class suit can ONLY be
dismissal, the dismissal shall be limited to the DISMISSED or COMPROMISED
complaint. The dismissal shall be without with the APPROVAL OF THE
prejudice to the right of the defendant to COURT.
prosecute his counterclaim in a separate
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Hence, class suit cannot be dismissed Rule as to the nature of the dismissal
by notice.
GR: With prejudice
17.03. Dismissal due to fault of plaintiff; ER: Declared by court
If, for no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his NOTICE MOTION FAULT
evidence in chief on the complaint, or to Nature Matter of Upon court‟s Available
right discretion upon
prosecute his action for an unreasonable presence
length of time, or to comply with these Rules of ground
or any order of the court, the complaint may
be dismissed upon motion of the defendant Who may Plaintiff Plaintiff Court or
or upon the court‟s own motion, without file defendant
prejudice to the right of the defendant to When Before After service Upon
prosecute his counterclaim in the same or in a filed service of of answer or presence
separate action. This dismissal shall have the answer or motion for of the
effect of an adjudication upon the merits, motion for summary ground
unless otherwise declared by the court. summary judgment
judgment
Under this mode of dismissal, the Prejudice GR: Without GR: Without GR: With
court motu proprio or upon motion of ER: If stated ER: If ER:
the defendant may move for such, in the notice declared by Declared
under specific grounds court by court
Grounds
Amendments
a) Failure to appear, without justifiable
reason on the date of the presentation 10.01. Amendments in general;
of his evidence in chief; Pleadings may be amended by adding or
b) Failure to prosecute his action for an striking out an allegation or the name of any
unreasonable length of time (non- party, or by correcting a mistake in the name
prosequitur); of a party or a mistaken or inadequate
c) Failure to comply with the Rules; or allegation or description in any other respect,
d) Failure of the plaintiff to comply with so that the actual merits of the controversy
the court‟s order may speedily be determined, without regard to
technicalities, and in the most expeditious and
Q: Who may file? inexpensive manner.
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Requisites 10.03. Amendments by leave of court;
Except as provided in the next preceding
a) Before a responsive pleading served; Section, substantial amendments may be made
and only upon leave of court. But such leave may
b) Availed only once be refused if it appears to the court that the
motion was made with intent to delay. Orders
Responsive pleading of the court upon the matters provided in this
Section shall be made upon motion filed in
As it refers to a responsive pleading, court, and after notice to the adverse party,
the right is available to: and an opportunity to be heard.
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b) Clerical errors; or Tender
c) Typographical errors
It is available in case of refusal to
Rule as to formal amendments accept by the defendant.
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a. Competence; and b) That the court has no jurisdiction over
b. In-charge thereof the subject matter of the claim;
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Bill of particulars v. motion to dismiss ANSWER
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pleading in answer thereto has been served, TRIAL
move with supporting affidavits, depositions
or admissions for a summary judgment in his Q: Assume that the plaintiff has two (2)
favor upon all or any part thereof. witnesses, how would the examination
proceed?
35.02. Summary judgment for defending
party; It would be done in the following
A party against whom a claim, counterclaim, manner:
or cross-claim is asserted or a declaratory
relief is sought may, at any time, move with Witness 1: Direct (D)
supporting affidavits, depositions or Re-direct (RD)
admissions for a summary judgment in his Cross (X)
favor as to all or any part thereof. Re-cross (RX)
Ground Witness 2: D
RD
No genuine issue X
RX
Q: Who may avail?
Q: After the examination of witnesses,
Any party asserting a claim or relief. what should the plaintiff do?
Hence, it may be the plaintiff or
defendant He should do a formal offer of
exhibit/ evidence
PRE-TRIAL
Q: What are the remedies available to the
Q: What is prepared and filed by the defendant after the formal offer?
parties?
He may:
Pre-trial brief
a) Waive his right to object; or
Q: What is issued by the court? b) Oppose/object
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Q: Assume the objection is overruled or Q: What are the remedies available to the
no objection is posed, what should the defendant after such examination?
plaintiff do?
It is the same as plaintiff‟s remedies
He must rest its case
Direct examination
Q: After resting its case, what is the
remedy available to the defendant? Note that it is now subject to the
Judicial Affidavit Rule (JA)
He may do any of the following:
Continuous examination rule
a) File a demurrer to evidence; or a) Civil cases
b) Present rebuttal evidence a. Lower courts; 90 days
b. SC and CA; perpetual
Q: Is a demurrer available to the plaintiff? b) Criminal cases
a. Trial
No, as the provision only provides for i. Ordinary; 180 days
the plaintiff. ii. Dangerous drugs;
60 days
Furthermore, considering the b. Decision
circumstances, it is the plaintiff who i. Ordinary; 90 days
has the burden of proving his case, ii. Dangerous drugs;
but not the defendant. 15 days
POST-JUDGMENT
Remedies
a) If final;
a. Petition for annulment of
judgment
b. Petition for relief from
judgment; or
c. Petition for certiorari
b) Not final
a. Motion for reconsideration;
b. Appeal
As an exception, annulment of
marriage CANNOT be compromised
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COMPLAINT CAPTION
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THE BODY Q: What appears in the body?
c) Relief. – The pleading shall specify the Only ultimate facts. It is not
relief sought, but it may add a general necessary that it be a narration or
prayer for such further or other relief exhaustive of all matters.
as may be deemed just or equitable.
Ultimate facts
d) Date. – Every pleading shall be dated
Facts which are essential to party‟s
cause of action or defense
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Q: Does the requirement of ultimate facts Q: Can the court grant a prayer not
applicable to the plaintiff alone? specifically prayed for?
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Q: Which kind of pleadings must be Q: What if the counsel’s legal researcher
dated? signed the pleading?
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Directly delivered to party v. P.O. Box Q: As counsel in Manila, your pleading is
due today. However, due to heavy traffic
In direct delivery, the party is ensured in EDSA, you were still in traffic at
to receive the letter at the soonest 430PM. Is all hope for your client lost?
possible time.
No, you may still proceed to the SM
On the other hand, the practice in a Mall of Asia (MOA) in Pasay.
P.O. Box, is that it is collected first in
bunches before it sent to recipients. In MOA, the mailing service is until
Hence, delay is apparent under this 10:00PM
mode.
VERIFICATION
Disciplinary action of lawyers
7.04. Verification;
1. Deliberately filing an unsigned Except when otherwise specifically required
pleading; by law or rule, pleadings need not be under
2. Signs a pleading in violation of the oath , verified or accompanied by affidavit.
Rules;
3. Alleges scandalous or indecent matter; A pleading is verified by an affidavit that the
or affiant has read the pleading and that the
4. Fails to promptly report change of allegations therein are true and correct of his
address personal knowledge or based on authentic
records.
Q: Is the date on the pleading the basis of
reckoning period? A pleading required to be verified which
contains a verification based on “information
No, it merely provides for the date and belief” or upon “knowledge, information
when said pleading was made. and belief,” or lacks a proper verification,
shall be treated as an unsigned pleading.
The date for computation of the
reckoning period shall be the date that Rule as to verification
appears on the stamp of the court.
GR: NOT required
Rule as to date of filing ER: If required by law or rule
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Q: That there is no certification, the COMPLAINT WRITING
plaintiff now requests that he be allowed
to amend the pleading. Can the defect be Formula for complaint (C)
cured?
C = FR+OR
No, amendment cannot cure the
defect as expressly stated under the Where:
provision.
FR = Formal requirements
Effect of false certification OR = Other requirements
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(when the Q: For identification purposes in the jurat,
crime has may the notary public accept a
the penalty
of at least 4
community tax certificate?
years, 2
months, and No, under the 2004 Rules on Notarial
1 day) Evidence, community tax certificate
If Direct Plaintiff Accused does not amount to identification.
Filing
Special Proceeding Petitioner Respondent
Q: Is an acknowledgment necessary in all
complaints?
Q: Is the IBP No. and Roll No. the same?
No, an acknowledgment is necessary
No, they are different.
only in cases there are transfer of
rights. (e.g. conveyance, SPA)
Roll No. does not change from the
moment it was given.
Q: Is copy furnished necessary?
(Pagkapasa mo, i-memorize mo roll
No, as it is still in the stage of filing
number mo kasi di na magbabago
Q: Is a notice of hearing necessary?
yan, cellphone number nga kaya nyo
imemorize)
Not yet, as it still in the stage of filing.
On the other hand the IBP No, as a
Q: Mr. A and Mr. B, residents of Manila
general rule, changes from time to
and Caloocan, respectively, entered into a
time, UNLESS lifetime membership
loan agreement dated 14 February 2019,
has been elected.
where Mr. B borrowed Php500,000 from
Mr. A.
Effect of MCLE No. omission
Under the loan agreement, it shall be paid
At the first instance, a fine will be
in five (5) installments starting from
imposed.
March and ending in July 2019, and in
case of failure to pay any of the
However, in subsequent violations,
installments, the whole amount shall be
disbarment may be bestowed.
immediately demandable. As a security, a
promissory note dated 14 February 2019
When Jurat is needed (JURATIN MO!)
was executed by Mr. B.
ACSV:
As of 14 March 2019, no payment was
made which prompted Mr. A to send a
1. Affidavit;
demand letter, demanding the whole
2. Certification;
obligation.
3. Sworn Statement; and
4. Verification
As no payment was made after demand,
Mr. A engaged the services of Atty.X, with
office at Makati, for the amount of
Php500,000. What case would be filed?
3. On 14 February 2019, Defendant borrowed the amount of Php500,000 from the Plaintiff, In citing
evidenced by a “Loan Agreement” and secured by a “Promissory Note” executed by the documents,
be specific
defendant and both dated on the same day. A copy of the Loan Agreement and the and include
Promissory Note are attached as Annex A and B, respectively; details such as
BODY the date and
number, if
4. Under the Loan Agreement, payment shall be done through five (5) installments, starting any.
March and ending on July, and the failure to pay any of the installments shall make the
ALLEGATION
Annex C;
7. Despite the receipt of the demand letter, defendant failed to pay, which prompted the
plaintiff to file this complaint; There is no hard and fast rule in the manner making allegations. As long as the cause of action
will be proven, then it is enough. If however, it is still insufficient, then go on in alleging.
8. (Provision of law)
For example, in a case for collection of sum of money, the following must be present:
FOR EXAM PURPOSES: 1. Existence of an agreement;
2. Terms and conditions of said agreement;
Place the specific provision IF 3. Demand;
KNOWN, if not, state (Provision 4. Failure to pay despite demand
of Law)
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PRAYER
SHOPPING
AGAINST FORUM
CERTIFICATION
FORUM
SHOPPING claim is pending therein;
5. If there is such other pending action or claim, a complete statement of the present status
thereof; and
6. If I should thereafter learn that the same or similar action or claim has been filed or is
pending, he shall repost that fact within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
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JURAT
SUBSCRIBED AND SWORN to before me this (Date) at (Place where signed), affiant, Mr.
A, exhibiting to me his (Identication Card with details)
Doc. No. __
Page No. __
Book No. __
Series of __
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MOTION Ex parte motion
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Q: May a non-debatable issue covered by the rights of the
an ex parte motion be debatable and be adverse party
subjected to hearing?
Q: Can a motion not expressly provided
Yes. Consider the following example for under the Rules be filed?
on a motion for extension of time or
for postponement. Yes, motions are not restricted to
those stated under the Rules.
The above motions have already been
prayed for twice or thrice, it then As long as counsel can substantiate his
becomes debatable for delay motion, it is sufficient to be filed.
resolution of the case. Hence, the
above motions are: Motion for Judicial Determination of
Probable Cause
GR: Ex parte motions;
ER: Litigated, in case of This is a prohibited pleading in a
delay in the resolution criminal case as of 1 September 2017
of the case under the Rules on Revised
Guidelines in Continuous Trial.
Presumption as to written motions
Determination of probable cause is
15.04. Hearing of motions; NOT a judicial function, but rather an
Except for motions which the court may act executive function.
upon without prejudicing the rights of the
adverse party, every written motion shall be Form of motions
set for hearing by the applicant.
15.02. Motions must be in writing;
Every written motion required to be heard All motions shall be in writing except those
and the notice of the hearing thereof shall be made in open court or in the course of a
served in such a manner as to ensure its hearing or trial.
receipt by the other party at least three (3)
days before the date of hearing, unless the Hence:
court for good cause sets the hearing on
shorter notice. GR: In writing;
ER: Made in open court; or
Written motions shall be presumed as In the course of a hearing or
litigated motions, except when the trial
court may act upon it without
prejudicing the rights of the adverse Examples of motions made in open court
party (ex parte). Hence, written
motions are: 1. Recess;
2. Continuance
GR: Litigated motions; 3. To strike;
ER: Ex parte, when the 4. To confer with my client;
court may act upon it 5. To exclude the public;
without prejudicing 6. To transfer markings
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Atty. Rickson Buenviaje PJA
Contents of a motion later than ten (10) days after the filing of the
motion.
15.03. Contents;
A motion shall state the relief sought to be 15.06. Proof of service necessary;
obtained and the grounds upon which it is No written motion set for hearing shall be
based, and if required by these Rules or acted upon by the court without proof of
necessary to prove facts alleged therein, shall service thereof.
be accompanied by supporting affidavits and
other papers. Hence, the following shall be required:
Requisites of valid motions On the other hand, the ten (10) day
notice rule, is the giving of notice to
15.04. Hearing of motions; the court as to enable them to prepare
Except for motions which the court may act and set the hearing in the Calendar of
upon without prejudicing the rights of the Cases. It is likewise for the benefit of
adverse party, every written motion shall be the adverse party.
set for hearing by the applicant.
Omnibus motion rule
Every written motion required to be heard
and the notice of the hearing thereof shall be 15.08. Omnibus motion;
served in such a manner as to ensure its Subject to the provisions of Section 1 of Rule
receipt by the other party at least three (3) 9, a motion attacking a pleading, order,
days before the date of hearing, unless the judgment, or proceeding shall include all
court for good cause sets the hearing on objections then available, and all objections
shorter notice. not so included shall be deemed waived.
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from the pleadings or the evidence on record MOTION WRITING
that the court has no jurisdiction over the
subject matter, that there is another action Formula
pending between the same parties for the
same cause, or that the action is barred by a M = FR + OR + R.15
prior judgment or by statute of limitations, the
court shall dismiss the claim. Checklist
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Atty. Rickson Buenviaje PJA
Mr. B is represented by Atty. Z of XYZ As the due date for the responsive
law firm in Ortigas. pleading is in two (2) days, Atty. Z
foresees the impossibility of filing of said
Summons was properly served to Mr. B on responsive pleading. What would Atty. Z’s
1 December 2019. recourse be?
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Atty. Rickson Buenviaje PJA
Republic of the Philippines
National Judicial Capital Region
Regional Trial Court, Branch 2
Quezon City
Mr. A,
Plaintiff, While in this case, the
defendant is the movant, the
placement of their remains as
to how they were designated in
v. the complaint. Civil Case No. 1234
FOR: Sum of Money
Hence, the defendant‟s name
Mr. B, DOES NOT appear first
despite being the movant.
Defendant.
x-----------------------------------------------------------------------------------------------------------------x
MOTION
PRAYER
(sgd)
A law firm
XYZ Law Firm is a juridical
Ortigas Center, Quezon City person.
Email
Contact No. As a
By: Atty. Z juridical
person, it
Roll No. cannot
IBP No. sign, hence
PTR No. the counsel
MCLE Compliance No. must do so
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Atty. Rickson Buenviaje PJA
Notice of Hearing and Copy Furnished To: or Notice of Hearing: Of the two,
Branch Clerk of Court, RTC, Br.2 Branch Clerk of Court, RTC, Br.2 the former
Quezon City Quezon City is much
efficient
considering
Atty. X Atty. X the
ABC Law Firm ABC Law Firm repetitive
Ortigas Ortigas stating of
recipients.
Copy Furnished To:
Copy
Branch Clerk of Court, RTC, Br.2 furnished
Quezon City may be to
the
Atty. X defendant
himself OR
ABC Law Firm
his counsel
Ortigas if
represented
IF LITIGATED MOTION IF EX PARTE MOTION
In litigated Mr. A Mr. A
motions, it
is necessary Greetings! Greetings!
to inform
the adverse
party of the Please take note that the Motion will be Please take note that the Motion will be
hearing submitted for the consideration of this submitted for the consideration of this
date and Court on (date and time) Court upon receipt hereof:
time.
(sgd) (sgd)
Atty. Z Atty. Z
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Q: Can the authority be in the form of an evidence to the exclusion of any
authorization letter? objections from the defendant.
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Atty. Rickson Buenviaje PJA
Affidavit of Philippine Mediation Center (PMC)
Desistance)
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Atty. Rickson Buenviaje PJA
Republic of the Philippines
National Capital Judicial Region
Regional Trial Court, Br. 2
Quezon City
Mr. A,
Plaintiff,
PRE-TRIAL BRIEF
Plaintiff is willing to amicably settle the case upon terms beneficial to both parties;
1. On 14 February 2019, Mr. A and Mr. B entered into a “Loan Agreement” where the
latter borrowed Php500,000, and secured with a “Promissory Note” executed on the
same day;
2. That under the “Loan Agreement”, payment shall be made in five (5) installments
starting from March and ending in July, and failure to pay any installments shall make the
whole amount demandable;
4. A demand letter was sent to Mr. B, but no response nor payment was made
Kaya nyo na
gumawa nang III. Issues to be tried
issue, mga
jowa nyo nga 1. Whether or not ______________________________
lagi nyo
ginagawan 2. Whether or not ______________________________
issue 3. Whether or not ______________________________
1. Mr. A;
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Furthermore,
The plaintiff reserves the right to present additional witnesses that may be presented in the In pre-trial,
if purpose is course of the trial only those
stated, the stated under
adverse party V. Documents the pre-trial
will be able to brief may
prepare. appear.
1. Loan Agreement dated 14 February 2019; The above
2. Promissory Note dated 14 February 2019; witnesses are to
3. Demand Letter dated _______________ authenticate these
documents
PRAYER
(sgd)
ABC Law Firm
Ortigas Center, Quezon City
Email
Contact No.
By: Atty. X
Roll No.
IBP No.
PTR No.
MCLE Compliance No.
Copy furnished:
Atty. Z
XYZ Law Firm
Ortigas Center, Quezon City
EXPLANATION
A copy of this Motion was served to the other counsel via Registered Mail due to lack of manpower
(sgd)
Atty. X
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PRESENTATION OF WITNESSES In civil cases, as per Atty. Buanviaje,
AND JUDICIAL AFFIDAVIT RULE he never had personally experienced a
reverse trial in civil cases.
Example of examination during trial with
two (2) witnesses each In practice, the court trying the case in
instances when an affirmative defense
P’s WITNESS D’s WITNESS is stated in the answer, the court does
1 W1: D (JA) W1: D (JA) 5 any of the following:
RD RD
X X 1. Through a position paper; or
RX RX 2. Defense simultaneously heard
2 W2: D (JA) W2: D (JA) 6 with plaintiff‟s presentation
RD RD
X X When evidence offered
RX RX
3 Formal offer Formal offer 7 It depends on the nature of the
evidence:
D’s Remedy: P’s Remedy:
Object Object 1. Testimonial; prior to calling
through through witness to take his stand; or
comment/ comment/ 2. Documentary and object; after the
opposition opposition testimony of the witness
P’s remedy in D’s remedy in Q: Are there instances when the party may
case objection case objection be allowed to introduce evidence after
sustained: sustained: resting its case?
MR; or MR; or
Tender of Tender of Yes, in cases of rebuttal evidence.
excluded excluded
evidence evidence However, Atty. Buanviaje stated to
4 Rest its case Rest its case 8 not rely on introducing evidence
through rebuttal as it is harder to do
D’s remedy: so in practice.
Demurrer;
or Hence, he suggested offering all
Present available evidence during the party‟s
rebuttal presentation of evidence.
evidence
Q: Where is Judicial Affidavit Rule (JAR)
Q: Are there instances when defendant applicable?
presents first?
It is in lieu of direct testimony.
Yes, in criminal cases when a reverse (Nothing more, nothing less)
trial is conducted (e.g. self-defense)
Q: As judicial affidavit (JA) is in lieu of a
direct testimony, would objections
applicable to the latter available to the
former?
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Yes, objections are likewise available Q: Considering that both pre-trial
considering that JAR takes the place conference and pre-trial proper are both
of direct testimony components of the pre-trial, to which
should the reckoning period be?
Objections to JA
According to Atty. Buanviaje, the
It may be done in any of the following answer is not clear as to which one
manner: should be the reckoning period for the
five (5) days.
1. With particularity and with
reference to JA He thus suggested to ask the court,
a. “Question 4 is being through the clerk or other court
objected to on the ground officers, as to what is their practice in
that _______”; or previous cases.
2. When witness called to take his
stand, which must be after the Limitations in use of JA
formal offer of his testimony (No
offer, nothing to object to) 1. Nature of case;
2. Offer;
3. Service; and
When JA required to be filed 4. Language
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(NOTE: Notice that JA is applicable Limitation as to language of JA
in the MTC as it has jurisdiction over
crimes which have penalties that do It should be in a language known to
not exceed six (6) years. the witness, which may be English,
Filipino, or any other dialect.
Be reminded that that four (4) years,
two (2) months, and one (1) day is In cases of any other dialect, a
relevant only as to the preliminary translation to English or Filipino must
investigation, but NOT as to be attached.
jurisdiction.)
Caveat as to language
Limitations in offer of JAR
Atty. Buanviaje suggested to weigh in
The offer should be orally made, as it the intellectual capacity of the witness.
is in lieu of direct testimony.
Hence, use words that are at par with
Limitations as to mode of service the witness‟ knowledge as to avoid any
doubt as to fabrication in the mind of
The service of the JA must be: the trier.
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Q: As proponent, how would you attach
the documents mentioned in the JA as
exhibits?
W: Yes
BENCH
BAR
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INCIDENTAL PLEADINGS Q: A complaint was filed, is there a need
to file a notice of appearance as counsel?
Pleadings discussed
No, as the pleading filed shall be
1. Demand letter; deemed as the entry of appearance
2. Notice of:
a. Appearance as counsel When notice of appearance as counsel
(Entry of appearance); required
b. Withdrawal as counsel;
c. Dismissal 1. In civil cases;
3. Special power of attorney; a. Counsel for defendant;
4. Formal offer of evidence and b. For new counsels after
comment/opposition original counsel withdrew
2. In criminal cases; private
DEMAND LETTER prosecutor
A demand is necessary in some cases Yes, but it must comply with the
as a condition sine qua non prior to the requirements of a motion
filing of a complaint
Additional requirement in case of
Q: Practitioners are arguing as to where withdrawal of appearance
should a demand to pay and vacate is
required, in a forcible entry case or to an In these cases, the conformity of the
unlawful detainer case. To which should it client should be included
apply?
Notice of Dismissal
As said by Atty. Buanviaje, as taught
by Atty. Brondial, apply the demand 17.01. Dismissal upon notice by plaintiff;
to pay and vacate in BOTH cases A complaint may be dismissed by the plaintiff
by filing a notice of dismissal at any time
Q: Is the service requirement under the before service of the answer or of a motion
Rules necessary to be complied with? for summary judgment. Upon such notice
being filed, the court shall issue an order
No, it is not a pleading confirming the dismissal. Unless otherwise
stated in the notice, the dismissal is without
NOTICE prejudice, except that a notice operates as an
adjudication upon the merits when filed by a
Notice of Appearance as Counsel and plaintiff who has once dismissed in a
Withdrawal as Counsel competent court an action based on or
including the same claim.
Q: When is a notice of appearance as
counsel or withdrawal as counsel When available
available?
It is available before service of the:
It is available at any stage of the
proceeding
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1. Answer; or e) The limitation of the number of
2. Motion for summary judgment witnesses;
f) The advisability of a preliminary
Q: What if the dismissal is by Sec.2, Rule reference of issues to a
17? commissioner;
g) The propriety of rendering
It should be via motion judgment on the pleadings, or
summary judgment, or of
SPECIAL POWER OF ATTORNEY dismissing the action should a
valid ground therefor be found to
Q: In civil cases, when required? exist;
h) The advisability or necessity of
When a client cannot attend pre-trial suspending the proceedings; and
i) Such other matters as may aid in
“Magic words” the prompt disposition of the
action.
“…do hereby name, constitute, and
appoint…” Q: Is an acknowledgment needed?
45 | P a g e
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Atty. Rickson Buenviaje PJA
In writing Quezon City
a demand (Contact Number)
letter, it is (E-mail Address)
a matter of
personal
style. 8 March 2020
What Mr. B
should be Makati
included
are those
which Re: Demand to pay and vacate
normally
appear in Dear Mr. B:
letters.
As this
Under our lease agreement, monthly rentals of Php7,500.00 shall be paid every 15th day of
case is the month. However, your last payment was made on 15 December 2019. As of today, you failed to
possibly pay the rentals for the months of January, February, and March, amounting to Php22,500.00.
for an
unlawful Due to the foregoing, I hereby make a final demand to pay the Php22,500.00 and to vacate
detainer
case, the
the property within fifteen (15) days from receipt of this letter.
following
should Failure to pay and vacate would lead to my filing of a complaint for unlawfully detaining my
appear: property.
The
demand to
I hope you comply with the demands set forth.
pay and
vacate;
The Sincerely, It may also
amount
involved; happen
Period to that the
comply Mr. A one
writing is
the
counsel.
46 | P a g e
PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Republic of the Philippines
National Capital Judicial Region
Regional Trial Court, Br. __
Quezon City
Mr. A,
Plaintiff,
Mr. B,
Defendant.
x--------------------------------------x
ENTRY OF APPEARANCE
Please take note of this entry of appearance of the undersigned lawyer as counsel for the
defendant.
It is thus requested that the pleadings, notices, orders, and other papers be served to the
address indicated hereunder.
A prayer may be
RESPECTFULLY SUBMITTED. included, but
“respectfully submitted
is sufficient.
8 March 2020, Quezon City
However, both can be
included as well (sgd)
Atty. Z
Counsel for Defendant
Quezon City
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
ALWAYS include a MCLE Compliance __
Copy furnished: copy furnish as to
Atty. X inform the other
Counsel for the Plaintiff counsel “AKO ANG
Quezon City KALABAN MO”
47 | P a g e
PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Republic of the Philippines
National Capital Judicial Region
Regional Trial Court, Br. __
Quezon City
Mr. A,
Plaintiff,
Mr. B,
Defendant.
x--------------------------------------x
WITHDRAWAL AS COUNSEL
Please take note that effective ______ the undersigned lawyer is withdrawing as counsel for
the plaintiff.
RESPECTFULLY SUBMITTED.
A prayer may be
included, but
8 March 2020, Quezon City “respectfully submitted
is sufficient.
(sgd)
However, both can be Atty. X
included as well
Counsel for Plaintiff
Quezon City
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
ALWAYS include a MCLE Compliance __
Copy furnished: copy furnish as to
Atty. Y inform the other
Counsel for the Defendant counsel “DI NA AKO
Quezon City ANG KALABAN
MO”
With my conformity:
Mr. A
48 | P a g e
PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Republic of the Philippines
National Capital Judicial Region
Regional Trial Court, Br. __
Quezon City
Mr. A,
Plaintiff,
Mr. B,
Defendant.
x--------------------------------------x
NOTICE OF DISMISSAL
a) A case for collection for sum of money was filed against Mr. B in this court;
c) As of the date of filing of this Notice of Dismissal, no answer was served to Mr. A
and/or his counsel;
d) Under Sec.1 of Rule 17 of the Rules of Court, the plaintiff may move to dismiss the case
via a notice of dismissal prior to the service of the answer or motion for summary
judgment.
PRAYER
(sgd)
Atty. X
Counsel for Plaintiff
Quezon City
(Contact No.)
(E-mail address)
49 | P a g e
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Atty. Rickson Buenviaje PJA
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
Copy furnished:
Branch Clerk of Court
Regional Trial Court
Br. __, Quezon City
Atty. Z
Counsel for the Defendant
Quezon City
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Atty. Rickson Buenviaje PJA
SPECIAL POWER OF ATTORNEY
WITNESSETH:
WHEREAS, the principal cannot attend the pre-trial of Civil Case No. 1234;
WHEREAS, the agent is the counsel for the principal in Civil Case No.1234;
ALWAYS
INCLUDE “…do
Thus, in consideration of the foregoing, the principal do hereby name, constitute, and hereby name,
appoint Atty. X as agent to do the following acts: constitute, and
appoint…”
a) The possibility of an amicable settlement or of a submission to alternative modes
of dispute resolution;
b) The simplification of issues;
c) The necessity or desirability of amendments to the pleadings;
d) The possibility of obtaining stipulations or admissions of facts an of documents
Rule 18 to avoid unnecessary proof;
e) The limitation of the number of witnesses;
f) The advisability of a preliminary reference of issues to a commissioner;
g) The propriety of rendering judgment on the pleadings, or summary judgment, or
of dismissing the action should a valid ground therefor be found to exist;
h) The advisability or necessity of suspending the proceedings;
i) Such other matters as may aid in the prompt disposition of the action; and
ALWAYS
j) All other acts necessary to accomplish the purpose for which this Special Power
INCLUDE of Attorney has been constituted for
(sgd) (sgd)
Mr. A Atty. X
(sgd) (sgd)
Witness Witness
51 | P a g e
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Atty. Rickson Buenviaje PJA
ACKNOWLEDGMENT
Before me, this ___ day of ____, ___, the following personally appeared and exhibited to
me their competent evidence of identity, known to me to be the same persons who executed the
foregoing instrument, and that the same is made as their free and voluntary act:
IN WITNESS WHEREOF, I have hereunto signed my hand and affixed my notarial seal,
the day, year, and place above written.
(sgd)
Notary Public
Commission expires on __
Quezon City
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
Doc No.__
Page No.__
Book No.__
Series of __
52 | P a g e
PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Republic of the Philippines
National Capital Judicial Region
Regional Trial Court, Br. __
Quezon City
Mr. A,
Plaintiff,
Mr. B,
Defendant.
x--------------------------------------x
“D” Return Card dated _______ To prove that Mr. B received the demand
letter
53 | P a g e
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Atty. Rickson Buenviaje PJA
PRAYER
(sgd)
Atty. X
Address
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
MCLE Compliance No._
Copy furnished:
Atty. Z
Counsel for the Defendant
Quezon City
54 | P a g e
PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Republic of the Philippines
National Capital Judicial Region
Regional Trial Court, Br. __
Quezon City
Mr. A,
Plaintiff,
Mr. B,
Defendant.
x--------------------------------------x
COMMENT/OPPOSITION
“B” Promissory Note dated ______ No promissory note has been executed by
the defendant; and
“D” Return Card dated _______ The signature appearing thereon does not
belong to the defendant
PRAYER
(sgd)
Atty. Z
Address
55 | P a g e
PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
MCLE Compliance No._
Copy furnished:
Atty. X
Counsel for the Plaintiff
Quezon City
56 | P a g e
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Atty. Rickson Buenviaje PJA
E Compromise ACT OR OMISSION
X Agreement PUNISHABLE BY
E LUPON
C TAGAPAMAYAPA LAW
Certificate to
U File Action <1 year; or
T <Php5,000
I
O < DIRECT COMPLAINT- IN FLAGRANTE
N 4y, FILING AFFIDAVIT DELICTO
2m,
1d =/> 4y, 2m, 1d; and
Chartered Cities
OTHER OFFICE OF D
AGENCIES THE I
PROSECUTOR S
R
FRAMEWORK
Raffle E OF
G
<
4y,
INVESTIGATING
PROSECUTOR
A CRIMINAL
R
2m, D PROCEDURE
1d E
< 4y, 2m, 1d =/> 4y, 2m, 1d D
No Preliminary Preliminary Inquest
Investigation Investigation Proceedings
SUBPOENA
No Probable Probable
Cause Cause
RESOLUTION
INTERIM
REMEDY:
DISMISSED INFORMATION
Motion for
Conduct of
FILING Preliminary
Investigation
INTERIM REMEDIES: Regional Trial Court >6y
Municipal Trial Court <6y
Motion for Reconsideration; and Sandiganbayan
INTERIM
Petition for Review to the
REMEDIES:
Secretary of Justice
Raffle
Bill of Particulars;
Motion to Quash; and
Motion to Question
INTERIM Validity of Arrest
REMEDIES: No Probable Probable
Cause Cause
Preliminary Attachment; POST-JUDGMENT
Preliminary Injunction; REMEDIES:
Receivership; DISMISSED WARRANT
Replevin; and INTERIM REMEDY:
OF ARREST Motion for Reconsideration;
Support pendente lite Motion for New Trial; and
Demurrer to evidence
Appeal
INTERIM BAIL
REMEDIES:
57 | P a g e
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FRAMEWORK OF CRIMINAL 1. The felony is brought to the
PROCEDURE attention of law enforcement
agencies; or
Stages 2. Arrest
58 | P a g e
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prescription of the offense charged unless the OP in chartered cities regardless
otherwise provided in special laws. of imposable penalty, unless otherwise
provided.
Q: What is the initiatory pleading in
criminal cases? If the Investigating Prosecutor (IP)
then determines that there is no need
It would depend, as it may be a to conduct preliminary investigation,
complaint-affidavit or information. direct filing will be resorted to the
court.
In cases where the imposable penalty
is at least four (4) years, two (2) Further, in cases where the imposable
months, and one (1) day (4,2,1), a penalty is imprisonment which does
complaint-affidavit shall be filed first not exceed one (1) year, or does not
to the Office of the Prosecutor (OP). exceed which does not exceed five
thousand pesos (Php5,000), the
On the other hand, in case it is less complaint-affidavit must be filed
than 4,2,1, an information or first with the Lupon Tagapamayapa
complaint-affidavit may be filed (Lupon).
directly with the court, most
commonly known as “direct filing”. There are also cases where the
complaint-affidavit must be filed in
(NOTE: DO NOT BE other agencies, such as the Office of
CONFUSED, while the provision the Ombudsman (OMB) where there
states that it is a “complaint”, in is a charge against a public officer or
practice, it is a “complaint-affidavit” employee.
which is filed in cases of criminal
cases. A complaint is for a civil case.) INITIATORY CONDITION WHERE
PLEADING FILED
Designation of parties in the complaint- Complaint- At least 4,2,1 OP
affidavit affidavit Chartered cities OP
Less than 4,2,1 OP/MTC
The parties shall be referred to as the Public officer OMB
or employee
complainant and respondent
Imprisonment Lupon
of less than 1
Q: Where should the initiatory pleading yr; or
be filed? Fine less than
5k
In case a complaint-affidavit is to be Information Less than 4,2,1 OP/MTC
filed, it shall be filed in the OP.
When filing in OP mandatory
On the other hand, when the
complaint-affidavit or information Filing the complaint-affidavit or
is to be directly filed, it may be filed information with the OP is mandatory
with the Municipal Trial Court (MTC). in the following cases:
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2. In case of chartered cities Sec.1. Preliminary investigation defined;
when required;
Q: Is the filing in the OP in case of Preliminary investigation is an inquiry or
chartered cities an absolute rule? proceeding to determine whether there is
sufficient ground to engender a well-founded
No, the provision went further to belief that a crime has been committed and
state that “…unless otherwise the respondent is probably guilty thereof.
provided in their charters.”
Except as provided in Section 7 of this Rule, a
Procedure in the Office of the Prosecutor preliminary investigation is required to be
conducted before the filing of a complaint or
The procedure is as follows: information for an offense where the penalty
prescribed by law is at least four (4) years, two
a) Upon filing in the OP, he (2) months, and one (1) day without regard to
examines the complaint-affidavit if the fine.
it is sufficient:
a. If sufficient; it will be As defined, PI is:
raffled to an investigating
prosecutor (IP); a) An inquiry or proceeding;
b. If not sufficient; it will be b) To determine whether there is
disregarded sufficient ground to engender a
b) The IP now determines the well-founded belief;
necessity of a preliminary c) That a crime has been committed;
investigation (PI): and
a. PI necessary; IP now d) The respondent is probably guilty
issues a subpoena to call thereof
the complainant and
respondent. (NOTE: The last three enumerations
b. PI not necessary; direct pertain to probable cause)
filing is now resorted to.
c) During the PI, the IP will Purpose of preliminary investigation
determine if there is probable
cause (PC): To determine if there is probable
d) After his determination, the IP cause
shall issue a resolution stating
therein the action to be taken: Q: What is the tagalog term of preliminary
a. PC present; an investigation?
information shall now be
prepared by the IP; Paunang pagsisiyasat
b. PC absent; the IP shall
dismiss the complaint- Probable cause
affidavit
e) The information shall then be Such fact as are sufficient to engender
filed with the court having a well-founded belief that a crime has
jurisdiction been committed and that the
respondent is probably guilty thereof
Preliminary Investigation
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Threshold in determining necessity of PI The IP shall issue a subpoena
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Any criminal complaint relating the immediately final and
following may be brought to the executory; or
Office of the Ombudsman (OMB): b. Certificate to file action
(CFA); if no settlement
1. Violation of: has been reached
a. Anti-graft and corrupt 5. Actions after issuance:
practices law (RA 3019 as a. Execution, in case of a
amended) compromise agreement; or
b. Forfeiture of illegally b. Filing of the complaint-
acquired wealth (RA 1379 affidavit with the CFA
as amended) attached, to the OP or the
c. RA 6713 MTC as the case may be
d. Crimes committed by
public officers (Title VII, When Lupon required
Chapter II, Sec.2, RPC);
i. Bribery; Filing with the Lupon is required over
1. Direct; criminal cases which has for its
2. Indirect; imposable penalty imprisonment not
3. Qualified exceeding 1 year, or fine not
ii. Corruption of exceeding Php5,000, and must comply
public officials; to the following:
and
2. Other offenses committed by 1. The dispute is between parties
public officers and employees in actually residing in the same city
relation to office or municipality;
2. There must be a private offended
Procedure in Lupon Tagapamayapa party;
3. Any of the parties must not be:
The following is the procedure a. Government or any
observed in the Lupon Tagapamayapa subdivision or
(Lupon): instrumentality;
b. Public officer or employee
1. The complaint-affidavit is filed where the dispute relates
with the Lupon; to his official functions;
2. The Lupon shall evaluate the
sufficiency of the complaint: Exception to same residence rule
a. If sufficient: the Lupon
shall issue a subpoena calling As an exception, it may be allowed:
the parties thereto;
b. If not sufficient: the 1. In case of real property disputes,
Lupon shall dismiss the by agreement of the parties;
complaint 2. In case of residents from
3. After the subpoena has been served, barangays of different
a hearing shall be conducted; municipalities or cities:
4. Issuance of: a. The barangay units must
a. Compromise agreement; adjoin each other; and
if a settlement has been b. Parties agreed to submit
reached, which is
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Restriction as to lawyers 2. Filing with the OP, in case of
chartered cities
No lawyers must appear in behalf of
the parties. IN FLAGRANTE DELICTO
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No, as a general rule, a prosecutor Jurisdiction of trial courts
must conduct inquest.
The MTC shall have jurisdiction over
However, as an exception, in cases offenses punishable with
where an investigating prosecutor is imprisonment not exceeding six (6)
unavailable, the offended party or the years regardless of fine, or only by a
peace officer may directly file it to the fine not exceeding Php4,000, or both.
court. Hence:
Conversely, the RTC shall have
GR: Inquest jurisdiction over cases where the
ER: No prosecutor penalty is imprisonment exceeding 6
available years, or only by a fine exceeding
Php4,000, or both.
Remedy of offender
Q: Is it correct to say that all cases falling
He may file any of the following: under the jurisdiction of the MTC did not
undergo preliminary investigation?
a) Motion for conduct of preliminary
investigation No, as there is an allowance between
a. Within 5 days upon the necessity of a PI and the threshold
learning of the filing; or of the MTC‟s jurisdiction, there is a
b) Motion to question validity of possibility that cases underwent PI
arrest before the filing to the MTC
Q: What if the offender files the motion for Notice that between 4,2,1 and 6, there
conduct of preliminary investigation on is an allowance to make the existence
the 7th day upon learning of the filing? of PI possible.
The remedy will no longer be Q: Why is direct filing only available to the
available. MTC?
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1. Direct; 7. Other city
2. Indirect; department
3. Qualified heads;
ii. Corruption of iii. Officials of the
public officials; diplomatic service
b) Where one or more of the accused occupying the
are officials occupying the position of
following positions in the 1. Consul;
government, whether in a and
permanent, acting or interim 2. Higher;
capacity, at the time of the iv. Philippine army
commission of the offense: and air force:
a. Officials of the executive 1. Colonels;
branch occupying the 2. Naval
position of regional captains;
director and higher (AKA and
Grade „27‟ of RA 6758), 3. All officers
including: of higher
i. Provincial: rank;
1. Governors; v. Officers of the
2. Vice- PNP while
governors; occupying the
3. Members position of:
of the 1. Provincial
sangguniang director;
panlalawiga and
n; 2. Senior
4. Treasurers; super
5. Assessors; intendent;
6. Engineers; 3. Or higher;
and vi. City and
7. Other provincial:
provincial 1. Prosecutors;
department 2. Their
heads; assistants,
ii. City vii. Office of the
1. Mayors; Ombudsman:
2. Vice- 1. Officials;
mayors; 2. Prosecutors;
3. Members and
of the 3. Special
sangguniang prosecutor;
panlungsod; viii. GOCC/ State
4. Treasurers; universities/
5. Assessors; Educational
6. Engineers; institutions/
and Foundations:
1. Presidents;
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2. Directors; president Ferdinand E.
3. Trustees; Marcos, Mrs. Imelda R.
or Marcos, members of their
4. Managers immediate family, close
b. Members of Congress relatives, subordinates,
and officials thereof close and/or business
(classified as Grade „27‟ associates, dummies,
and higher under the agents and nominees (EO
CPCA of 1989); 14)
c. (3) Members of the d. Amending executive order
judiciary without no. 14 (EO 14-A)
prejudice to the provisions e) Private individuals in conspiracy
of the Constitution; with the above officials
d. Chairmen and members of
the Constitutional Q: Assume that a criminal case has been
Commissions, without filed with the Ombudsman, upon finding
prejudice to the provisions of probable cause where should the
of the Constitution; and information be filed?
e. All other national and
local officials (classified as It would depend.
Grade „27‟ and higher
under the CPCA of 1989) If the offense charged falls under the
c) Other offenses or felonies jurisdiction of the SB, it then should
committed in relation to their be filed with the SB.
office by the public officials and
employees, whether simple or On the other hand, if it does not fall
complexed with other crimes; within the jurisdiction of the SB, it
d) Criminal cases under executive should be filed with regular courts. In
orders (EO): this case, courts recognize the
a. Creating the Presidential concurrent power to investigate by the
Commission on Good OMB with other agencies.
Government (EO 1)
b. Regarding the funds, Provisional remedies to the Warrant of
moneys, assets, and Arrest (AIRRS)
properties illegally
acquired or 127.01. Availability of provisional
misappropriated by former remedies; The provisional remedies in civil
President Ferdinand actions, insofar as they are applicable, may be
Marcos, Mrs. Imelda availed of in connection with the civil action
Romualdez Marcos, their deemed instituted with the criminal action.
close relatives,
subordinates, business The following are the provisional
associates, dummies, remedies available to the WoA:
agents, or nominees (EO
2) a) Attachment;
c. Defining the jurisdiction b) Preliminary Injuction;
over cases involving the c) Receivership;
ill-gotten wealth of former
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d) Replevin; or incurring the obligation
e) Support Pendente Lite upon which the action is
brought, or in the
Attachment performance thereof”
c) When the accused has concealed, a) When it appears from the verified
removed, or disposed of his property, application, and such other proof as
or is about to do so; and the court may require, that the party
applying for the appointment of a
d) When the accused resides outside the receiver has an interest in the property
Philippines. or fund which is the subject of the
action or proceeding, and that such
Q: Is preliminary attachment in civil cases property or fund is in danger of being
and attachment in criminal cases one and lost, removed, or materially injured
the same? unless a receiver be appointed to
administer and preserve it;
No, notice that one of the grounds
under Sec.1 of Rule 57 on Preliminary b) When it appears in an action by the
Attachment has been removed under mortgagee for the foreclosure of a
Attachment, to wit: mortgage that the property is in
danger of being wasted or dissipated
“(d) In an action against a or materially injured, and that its value
party who has been guilty of a is probably insufficient to discharge
fraud in contracting the debt the mortgage debt, or that the parties
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have so stipulated in the contract of accompanied by affidavits, depositions or
mortgage; other authentic documents in support thereof.
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Classifications of bail Hence, in no way that the MTC can
order imprisonment exceeding its
Bail may be: jurisdiction.
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violated the conditions of his bail
without valid justification; a) Petition for bail; and
b) Motion to reduce bail
c) That he committed the offense while
under probation, parole, or Q: Assume that the crime is not
conditional pardon; punishable by death, reclusion perpetua,
or life imprisonment, but the RTC ordered
d) That the circumstances of his case upon conviction that it is not bailable, as
indicate the probability of flight if counsel for the accused would you tell
released on bail; or your client that no bail is possible?
e) That there is undue risk that he may No, as a petition for bail is still
commit another crime during the available.
pendency of the appeal.
As a counsel one must still attempt to
The appellate court may, motu proprio or on ask for such through a petition for
motion of any party, review the resolution of bail.
the Regional Trial Court after notice to the In this instance, bail is not a matter of
adverse party in either case. right, but it does not automatically
mean that bail is absolutely banned, as
Q: To what court does discretionary bail it may be requested from the court as
apply? long as the penalty is not death,
reclusion perpetua, or life
To the RTC only, after conviction of imprisonment
an offense not punishable by death,
reclusion perpetua, or death. Q: Assume that bail was subsequently
granted, however your client’s money is
It would not apply to the MTC not enough, is there any other recourse
because it is always available as a aside from paying the whole amount?
matter of right.
Yes, the recourse is through a motion
Summary to reduce bail.
This is available only in cases of Effect if motion filed after the period of
inquest. five (5) days from filing of the information
Within five (5) days from knowledge It amounts to a waiver of the right to
of the filing of the information in a preliminary investigation
court, the accused may move for such
motion. Meritorious motions
Effect of filing a motion for conduct of PI While it may seem that almost any
kind of motion may be filed as a
It amount to a waiver the provisions remedy, such as to delay time, it must
of Article 125 of the Revised Penal conform to requirements to be
Code: considered as a meritorious motion,
as follows:
Delay in the delivery of detained persons
to the proper judicial authorities; a) It alleges plausible grounds:
The penalties provided in the next preceding b) Supported by:
article shall be imposed upon the public a. Relevant documents;
officer or employee who shall detain any and/or
person for some legal ground and shall fail to b. Competent evidence
deliver such person to the proper judicial
authorities within the period of; twelve (12) It may include any of the following
hours, for crimes or offenses punishable by motions to:
light penalties, or their equivalent; eighteen
(18) hours, for crimes or offenses punishable a) Withdraw information;
by correctional penalties, or their equivalent b) Downgrade the charge in the
and thirty-six (36) hours, for crimes, or original information;
offenses punishable by afflictive or capital c) Exclude an accused originally
penalties, or their equivalent. In every case, charged therein;
the person detained shall be informed of the d) Quash a warrant of arrest;
cause of his detention and shall be allowed e) Quash information;
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f) Suspend arraignment on the On the other hand, in case of a non-
ground of unsound mental detained accused, it must be set
condition (Rule 116.01) within thirty (30) calendar days from
g) Suspend proceeding on the the date the court acquires
ground of a prejudicial question jurisdiction.
(Rule 116.11);
h) Dismiss, on the ground of SLAPP ACCUSED WHEN SET RECKONING
PERIOD
Detained Within 10 From court‟s
Q: If the motion has no plausible ground calendar days receipt of case
and/or without supporting documents
and evidence, what is the effect? Non-detained Within 30 From the date
calendar days court acquires
It is to be treated as an jurisdiction
unmeritorious motion.
Q: In case of a non-detained accused, how
As such, it shall be denied outright can the court acquire jurisdiction?
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b. Threatening to publish and
offer to present such (NOTE: Refer back to the discussion
publication for a on the Judicial Affidavit Rule in the
compensation; Civil Procedure portion of this work,
c. Prohibited publication of as the JA requirement is different in
acts referred to in the criminal cases)
course of official
proceedings; Q: Is there an instance when reverse trial,
d. Grave Oral defamation; where the accused presents first, is
e. Oral defamation; allowed?
f. Simple slander by deed;
g. Incriminating innocent Yes, when the accused presents
person; exculpatory evidence (e.g. self-
h. Intriguing against honor; defense)
i. Cyber-liber;
j. Criminal negligence; REMEDY AFTER TRIAL
k. Intellectual property rights
cases After the prosecution presented its
evidence, the defense may file a
Period to conduct mediation demurrer to evidence
In no case, that the entire trial period It may be filed in case the defense
shall exceed: deems that the prosecution has
insufficient evidence to warrant a
CASE DAYS conviction beyond reasonable doubt.
Regular 180 days
Drug cases 60 days Effect of demurrer to evidence
Environmental cases 2 months
Intellectual property 60 days each It is akin to a motion to dismiss
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Regular 90 days
1. With leave of court; or Drug cases 15 days
2. Without leave of court Environmental cases 90 days
Intellectual property 60 days each
Effect of denial of demurrer with leave of
court v. without leave of court POST-JUDGMENT REMEDIES
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At any time before a judgment of conviction No, as it places the accused in double
becomes final, the court may, on motion of jeopardy.
the accused or at its own instance but with the
consent of the accused, grant a new trial or Q: A criminal case for rape was filed
reconsideration. against Lino Alejandro (Lino).
It should be filed before the judgment The trial court acquitted Lino on the
becomes final, hence within fifteen ground that the private offended party did
(15) days from promulgation. not testify.
Q: Who may file the motion for new trial However, on the same day, the prosecutor
or reconsideration? who worked the case filed a manifestation
that the files stating the testimony of the
It may be by any of the following: private offended party were misplaced in
another folder for a case against Lino by
1. Accused; or another private offended party.
2. Court, with consent of the
accused The trial court recalled the order, and held
Lino as guilty. Is the trial court correct?
Appeal
No, a judgment of acquittal may only
122.01. Who may appeal; be assailed in a petition for
Any party may appeal from a judgment or certiorari under Rule 65 of the
final order, unless the accused will be placed Rules.
in double jeopardy.
In this case, merely a manifestation
was filed to the court to correct the
Q: What order can be appealed?
error.
It may be an order not yet final, or a
This, however, does not change the
final order
fact that a judgment of acquittal had
already been promulgated. As such,
Q: Who may file an appeal?
double jeopardy will attach.
It may be filed by any party
Indeed, a judgment of acquittal is
(complainant or accused)
final, unappealable, and immediately
executory upon its promulgation.
Q: When can an appeal be disallowed?
(People v. Alejandro)
If it places the accused in double
Q: Is a petition for annulment of
jeopardy.
judgment or relief from judgment
available in criminal cases?
Q: In the judgment, the accused was
acquitted. Subsequently an appeal was set
No, as these remedies are available
against him. Can the court entertain the
only to civil cases.
appeal?
Be it noted that both petitions are
equitable remedies.
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COMPLAINT-AFFIDAVIT/ Read in whole, it means “Republic of
INFORMATION the Philippines, specifically for the city
of…”
Complaint-affidavit
Information
110.03. Complaint defined;
A complaint is a sworn written statement 110.04. Information defined;
charging a person with an offense, subscribed An information is an accusation in writing
by the offended party, any peace officer, or charging a person with an offense, subscribed
other public officer charged with the by the prosecutor and filed with the court.
enforcement of the law violated.
Hence, it is an:
Hence, it is a:
a) Accusation;
a) Sworn: b) In writing;
b) Written statement; and c) Subscribed
c) Charging a person with an offense
Q: Who may subscribe the information?
Q: Who may subscribe the complaint-
affidavit? Only the prosecutor can
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Q: On the signature part, will the absence However, for purposes of this class,
of the other requirements render a the tests are as follows:
defective information?
a) Place of commission;
No, as the title alone suffice as OR b) Date of commission;
c) Names:
Q: What if the information was filed due a. Accused;
to being caught in the act, is a b. Offended party; and
certification still necessary? d) Prohibition on duplicity of offense
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It may include any of the following: For proper and efficient
administration of justice.
a) Trespass to dwelling;
b) Robbery; As such, it would be material
c) Libel; especially in the civil aspect of the case
d) BP 22 cases; where the named persons shall be the
e) Violation of domicile; parties to the case.
f) Piracy in the high seas
Rule as to the name of the accused
Date of commission
110.07. Name of the accused;
Rule The complaint or information must state the
name and surname of the accused or any
110.11. Date of commission of the offense; appellation or nickname by which he has been
It is not necessary to state in the complaint or or is known. If his name cannot be
information the precise date the offense was ascertained, he must be described under a
committed except when it is a material fictitious name with a statement that his true
ingredient of the offense. The offense may be name is unknown.
alleged to have been committed on a date as
near as possible to the actual date of its Hence, the rule is follows:
commission.
GR: Must be stated
Hence, similar to the place of
commission the rule is as follows: ER: Fictitious, if it cannot
be ascertained
GR: General allegation
sufficient Q: How can the name of the accused be
deemed sufficient?
ER: Specific, if material to
the offense charged If it states any of the following:
Crimes which require specific date of Examples of names used in case it cannot
commission be ascertained
It may include any of the following: The courts usually use the “Does”,
a) Infanticide; such as John Doe, or Jane Doe.
b) Physical injuries
Q: How about the use of the name Juan
Names of offended party and accused Dela Cruz?
Rationale
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As per Atty. Buenviaje, the practice of ER: Fictitious, it there is no better
using Juan Dela Cruz should be way to identify him
refrained.
Q: How can the name of the offended
Juan Dela Cruz is a common name in party be deemed sufficient?
the Philippines, and it would not fulfill
the rationale of proper and efficient Same as the rule on the name of the
administration of justice. accused, if it states any of the
following:
Rule as to name of the offended party
a) Name and surname; or
110.12. Name of the offended party; b) To which he is known as, by:
The complaint or information must state the a. Appellation; or
name and surname of the person against b. Nickname
whom or against whose property the offense
was committed, or any appellation or Prohibition on duplicity of offense
nickname by which such person has been or is
known. If there is no better way of identifying 110.13. Duplicity of the offense;
him, he must be described under a fictitious A complaint or information must charge but
name. one offense, except when the law prescribes a
single punishment for various offenses.
a) In offenses against property, if the
name of the offended party is Rule as to number of acts complained of
unknown, the property must be in the information
described with such particularity as to
properly identify the offense charged. In case of an information, it should
follow the “one is to one” (1:1) rule,
b) If the true name of the person against which means 1 information for 1 act
whom or against whose properly the or omission.
offense was committed is thereafter
disclosed or ascertained, the court However, as an exception, more than
must cause the true name to be one act may be included in the
inserted in the complaint or information if it is a complex crime.
information and the record. Hence the rule is as follows:
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that the accused committed the illegal in Baguio City. Can Mrs. B file a case
possession, sale, and use of drugs. Is the against Mr. A?
information valid considering that the said
acts belong to one statute, which is RA Yes, Mrs. B may file a criminal case of
9165? bigamy.
No, an information must include only Q: Would the exact place where the crime
1 act. of bigamy was committed need to be
specifically stated?
While it is true that illegal possession,
use, and sale of drugs are crimes No, as the gravamen of bigamy is the
penalized under RA 9165, they fact of the second marriage despite the
constitute different offenses and existence of a first marriage.
penalties.
In such a case, the place of the second
Hence, there must 1 information for marriage would not be material to the
each of the acts complained of, one crime.
for the sale, another for the use, and
another for the illegal possession. Q: In case the investigating prosecutor
determined that a case may be filed, and
Q: Mr. A and Mrs. B are spouses, married is to prepare an information, where should
on 24 March 1980 in Makati City. Their the information be filed and addressed to?
marriage brought them one (1) child. It should be in the RTC of Baguio, as
the crime was committed in Baguio.
Mr. A, being a businessman, went to
business trips often. During one business Q: What if instead of Baguio, it was filed
trip, Mr. A met Ms. C, and they fell deeply in Makati?
in love.
It would lead to the dismissal of the
Due to their strong affection for each case, as venue is jurisdictional.
other, they got married on 15 August 2019
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Republic of the Philippines }
Makati } S.S.
COMPLAINT-AFFIDAVIT
I, Mrs. B, Filipino, of legal age, married, residing at _______, after being sworn in
accordance with law, states that:
5. A second marriage was celebrated, without the first marriage having been dissolved
SUBSCRIBED AND SWORN to before me this (Date) at Makati City, affiant, Mrs. B,
exhibiting to me her (Identication Card with details)
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Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
INFORMATION
The undersigned prosecutor accuses Mr. A. of the crime of bigamy defined and penalized
under Article __ of the Revised Penal Code, committed as follows:
That on or about 15 August 2019 in Baguio City and within the jurisdiction of this
Honorable Court, accused Mr. A did then and there wilfully, unlawfully, and feloniously
contracted a second marriage with Ms. C without the first marriage with Mrs. B having been
legally dissolved, to the damage and prejudice of Mrs. B.
CONTRARY TO LAW
(Date).(Place)
(SGD)
(Name of prosecutor)
Assistant City Prosecutor
APPROVED BY:
(Name of prosecutor)
City Prosecutor
CERTIFICATION
I hereby certify that a preliminary investigation has been conducted in this case, the
witnesses having been examined under oath, that on the basis of the sworn statement and other
evidence submitted before, there is reasonable ground to believe that the offense charged has been
committed and the accused is probably guilty thereof.
(SGD)
(Name of prosecutor)
Assistant City Prosecutor
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SUBSCRIBED AND SWORN to before me this (Date) at (Place), affiant, (Name of
prosecutor), exhibiting to me his (Identication Card with details)
WITNESSES:
_____________
_____________
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OTHER PLEADINGS private prosecutor may be authorized in
writing by the Chief of the Prosecution Office
Q: Is it different from pleadings in civil or the Regional State Prosecutor to prosecute
cases? the case subject to the approval of the court.
Once so authorized to prosecute the criminal
No, it is similar. However, there action, the private prosecutor shall continue
would be variations to it considering to prosecute the case up to end of the trial
the signatories and rules to follow even in the absence of a public prosecutor,
unless the authority is revoked or otherwise
Pleadings tackled withdrawn.
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Motions filed by private prosecutor It is required for cases shall be
prosecuted by the prosecutor, to wit:
Grounds to avail private prosecutor
A private prosecutor may be availed “All criminal actions either
of in the following cases: commenced by complaint or
by information shall be
1. Heavy workload of public prosecuted under the direction
prosecutors; or and control of a public
2. Lack of public prosecutors prosecutor. (Rule 110.5)”
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In these cases, the furnishing to the In cases using JAR, the offeror must
public prosecutor would suffice offer it orally
In the same vein, the following The same rules shall apply as with the
signatures are required in case of a motions, according to who handles
private prosecutor: the case:
Q: Would the enumeration of exhibits be The previously stated rules shall apply
the same with the prosecution? as to the signatures and copy
furnished
No, the accused uses numbers (e.g.
1,2,3,4) instead of the prosecution‟s
letters (e.g. A,B,C,D)
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Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
No need to 1. (Facts);
state personal 2. (Legal basis);
circumstances 3. (Ground anchored upon)
of the parties PRAYER
(Date). (Place)
(sgd) No OR required
(Name of Prosecutor) in case of public
Assistant City Prosecutor prosecutor
Notice of Hearing and Copy Furnished To: or Notice of Hearing: Of the two,
Branch Clerk of Court, RTC, Br.__ Branch Clerk of Court, RTC, Br.__ the former
Baguio City Baguio City is much
efficient
considering
Atty. __ Atty. __ the
(Law firm) (Law firm) repetitive
(Place) (Place) stating of
recipients.
Copy Furnished To:
Copy
Branch Clerk of Court, RTC, Br.__ furnished
Baguio City may be to
the
defendant
himself OR
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if
represented
PRACTICE COURT 1 2019-2020, 2nd Sem
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Atty. __
(Law firm)
(Place)
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Atty. Rickson Buenviaje PJA
Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
PRAYER
(Date). (Place)
(sgd) OR always
Atty. __ required in
Counsel for Accused case of
(Address) motions filed
(Contact No.) by the
accused,
(E-mail address) whether by a
PTR No. __ PAO or
IBP No. __ private lawyer
Roll No. __
MCLE Compliance No. __
Please take note that the Motion will be submitted for the consideration of this Court upon
receipt hereof:
(sgd)
Atty. __
EXPLANATION
A copy of this Motion was served to the other counsel via Registered Mail due to lack of manpower
(sgd)
Atty.__
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Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
Please take note of this entry of appearance of the undersigned lawyer as counsel for the
plaintiff.
It is thus requested that the pleadings, notices, orders, and other papers be served to the
address indicated hereunder.
A prayer may be
RESPECTFULLY SUBMITTED. included, but
“respectfully submitted
is sufficient.
(Date), (Place)
However, both can be
included as well (sgd)
Atty. __
Counsel for Plaintiff
(Place)
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
Copy furnished:
Atty.__
Counsel for the Accused
(Address)
With my conformity:
All pleadings filed in case of a private
(Name of prosecutor) prosecutor should be with conformity
(Designation) from the public prosecutor
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Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
PRAYER
(Date), (Place)
(sgd)
(Name of prosecutor)
(Designation)
Copy furnished:
Atty. __
Counsel for the Accused
Quezon City
EXPLANATION
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A copy of this Formal Offer of Evidence was filed and served to the other counsel via
Registered Mail due to lack of manpower
(sgd)
(Name of prosecutor)
(Designation)
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Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
Prosecution, by counsel, under the direct control and supervision of the public prosecutor
submits this formal offer as follows:
PRAYER
(Date), (Place)
(sgd)
Atty. __
Counsel for Plaintiff
(Place)
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
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MCLE Compliance __
Copy furnished:
Atty.__
Counsel for the Accused
(Address)
With my conformity:
(Name of prosecutor)
(Designation)
EXPLANATION
A copy of this Formal Offer of Evidence was filed and served to the other counsel via
Registered Mail due to lack of manpower
(sgd)
Atty. __
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Atty. Rickson Buenviaje PJA
Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
PRAYER
(Date), (Place)
(sgd)
Atty. __
Counsel for Accused
(Place)
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
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Copy furnished:
(Name of prosecutor)
(Designation)
Office of the City Prosecutor
(Address)
EXPLANATION
A copy of this Formal Offer of Evidence was filed and served to the other counsel via
Registered Mail due to lack of manpower
(sgd)
Atty. __
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Atty. Rickson Buenviaje PJA
Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
PRAYER
(Date), (Place)
(sgd)
Atty. __
Counsel for Accused
(Place)
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
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Copy furnished:
Atty.__
Counsel for Plaintiff
(Name of prosecutor)
(Designation)
Office of the City Prosecutor
(Address)
EXPLANATION
A copy of this Formal Offer of Evidence was filed and served to the other counsel via
Registered Mail due to lack of manpower
(sgd)
Atty. __
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Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
COMMENT/OPPOSITION
PRAYER
(sgd)
Atty. __
Address
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
MCLE Compliance No._
Copy furnished:
(Name of prosecutor)
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(Designation)
Office of the City Prosecutor
(Address)
EXPLANATION
A copy of this Comment/ Opposition was filed and served to the other counsel via Registered Mail
due to lack of manpower
(sgd)
Atty. __
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Atty. Rickson Buenviaje PJA
Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
COMMENT/OPPOSITION
PRAYER
(sgd)
Atty. __
Address
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
MCLE Compliance No._
Copy furnished:
Atty.__
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Counsel for Plaintiff
(Name of prosecutor)
(Designation)
Office of the City Prosecutor
(Address)
EXPLANATION
A copy of this Comment/ Opposition was filed and served to the other counsel via
Registered Mail due to lack of manpower
(sgd)
Atty. __
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Atty. Rickson Buenviaje PJA
Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
COMMENT/OPPOSITION
PRAYER
(Date), (Place).
(sgd)
(Name of prosecutor)
(Designation)
Copy furnished:
Atty.__
Counsel for Accused
EXPLANATION
A copy of this Comment/ Opposition was filed and served to the other counsel via
Registered Mail due to lack of manpower
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(sgd)
(Name of prosecutor)
(Designation)
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Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
COMMENT/OPPOSITION
Prosecution, by counsel, under the direct control and supervision of the public prosecutor
submits this comment/opposition as follows:
PRAYER
(Date), (Place).
(sgd)
Atty. __
Address
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
MCLE Compliance No._
Copy furnished:
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Atty. Rickson Buenviaje PJA
Atty.__
Counsel for Accused
With my conformity:
(Name of prosecutor)
(Designation)
Office of the Prosecutor
(Address)
EXPLANATION
A copy of this Comment/ Opposition was filed and served to the other counsel via
Registered Mail due to lack of manpower
(sgd)
Atty. __
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BAR TECHNIQUES Paragraphs
The following as discussed are tips for a) For the first line:
the bar exams and even in answering a. Place a space between the
the law school exams question number and the
first line (2nd line after the
Where to put answers question number);
b. Indent the first line
Only on the right side of the booklet b) Use margins;
c) Do not write on the last line
Q: Upon receiving the booklet, would you
start on the very first right page? Q: What if your answer is on the 2nd to the
last line, and you still have a few more
No, the bar exam booklet indicates words to write, should you write on the
the page where you should start. last line at the bottom of the page?
Usually it has the words “Begin
answering here” No, rather write on the next page
Q: Assuming all the right side pages has Purpose of writing answers to
been used, and you are about to use the subquestions in separate pages
left side pages, where should you start?
In case of error, the space left on the
Start at the left side of the last right page may be used to write a new
side page of the booklet, going answer
towards the front end of the booklet
Enumerations
Q: Where should the question number be
placed? One line should be for one
answer/enumeration only (1:1 Rule)
At the 2nd line of the booklet
Q: Can a symbol, such as “*” be used in
Q: Assume that the question number is enumerating?
stated as “III”, how should it be written?
No, use numbers or letters (e.g. 1, 2,
It should be written as it appeared in 3, a, b, c)
the questionnaire.
Q: Assume that the question is “What are
Hence, do not use “3” or “Three”. the seven (7) elements of (concept)”, and
unfortunately you forgot one of the
elements, what would be advisable?
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Answer it in paragraph form: Q: Assume that you wrote a wrong phrase
which completely alters your supposed
The seven (7) elements of answer, what should you do?
(concept) are _____; _____:
_____; _____: _____; and Erase the answer per line by using a
_____: horizontal line striking the words in
the middle.
By using this method, the examiner
may believe that you have written Hence, do not do the following:
seven (7) but actually has written only
six (6) a) Using an “X” mark across the
page; or
However, if you know the answer by b) Writing at the left page (this is
heart, use the numbered answer, as it reserved in cases of no more right
may impress the examiner. hand pages)
Q: Assume that you still have three Q: Assume that by mistake, upon
answers left to the enumeration, can you checking your answers, you skipped a
use an arrow directing to the blank page, what should you do?
portion of the booklet and continue from
there? Write an answer, either the one
immediately preceding or after the
No, just use the next page blank page, and stop midway through
writing the whole answer, and erase it
Definitions properly (horizontal lines).
Do not use symbols such as “-“, “:”, This way, the presumption would be
“=”, etc. Di naman formula yan. that you have written a wrong answer
and merely changed it by using the
Just turn the symbols into words (e.g. other page.
Marriage is…)
Distinctions
Q: Assume that in answering the question,
you forgot to put a certain phrase that In answering distinction, define each
would make the construction of the term in one paragraph each. Normally
sentence correct, how would you correct distinction would just be adverse of
it? each other, so the answer would be
sufficient. Hence:
Erase it as a whole and create a new
answer. “Term A
is______________________
Hence, do not merely place a sign _______________________.
pointing upwards and writing such
words at the top portion before or On the other hand, term b is
after the lacking word/s ________________________
______________________.”
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REMINDERS support after a reasonable
opportunity for discovery
This portion pertains to those Atty.
Buenviaje mentioned to take note for The signature of the affiant shall further
purposes of the final exams serve as a certification of the truthfulness
of the allegations in the pleading.
Amended verification, certification against
forum shopping, and warranties of A pleading required to be verified that
lawyer’s signature contains a verification based on “information
and belief,” or upon “knowledge, information
Memorize the new provision, as when and belief,” or lacks a proper verification,
Atty. requires a pleading which shall be treated as an unsigned pleading.
requires such parts, it must be stated
as amended Certification against forum shopping
Verification Sec.5. Certification against forum
shopping;
Sec.4. Verification; The plaintiff or principal party shall certify
Except when otherwise specifically required under oath in the complaint or other initiatory
by law or rule, pleadings need not be under pleading asserting a claim for relief, or in a
oath or verified. sworn certification annexed thereto and
simultaneously filed therewith:
A pleading is verified by an affidavit of an
affiant duly authorized to sign said
a) that he or she has not theretofore
verification. The authorization of the
commenced any action or filed any
affiant to act on behalf of a party, whether
claim involving the same issues in any
in the form of a secretary’s certificate or a
court, tribunal or quasi-judicial agency
special power of attorney, should be
and, to the best of his or her
attached to the pleading, and shall allege
knowledge, no such other action or
the following attestations:
claim is pending therein;
b) if there is such other pending action
a) The allegations in the pleading or claim, a complete statement of the
are true and correct based on present status thereof; and
his or her personal knowledge,
or based on authentic c) if he or she should thereafter learn
documents; that the same or similar action or
claim has been filed or is pending, he
b) The pleading is not filed to or she shall report that fact within five
harass, cause unnecessary (5) calendar days therefrom to the
delay, or needlessly increase the court wherein his or her aforesaid
cost of litigation; and complaint or initiatory pleading has
been filed.
c) The factual allegations therein
have evidentiary support or, if
The authorization of the affiant to act on
specifically so identified, will
behalf of a party, whether in the form of a
likewise have evidentiary
secretary’s certificate or a special power of
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attorney, should be attached to the extending, modifying, or
pleading. reversing existing
jurisprudence;
Failure to comply with the foregoing
requirements shall not be curable by mere 3. The factual contentions have
amendment of the complaint or other evidentiary support or, if
initiatory pleading but shall be cause for the specifically so identified, will
dismissal of the case without prejudice, unless likely have evidentiary support
otherwise provided, upon motion and after after availment of the modes of
hearing. The submission of a false discovery under these rules;
certification or non-compliance with any of and
the undertakings therein shall constitute
indirect contempt of court, without prejudice 4. The denials of factual
to the corresponding administrative and contentions are warranted on
criminal actions. If the acts of the party or his the evidence or, if specifically
or her counsel clearly constitute willful and so identified, are reasonably
deliberate forum shopping, the same shall be based on belief or a lack of
ground for summary dismissal with prejudice information.
and shall constitute direct contempt, as well as
a cause for administrative sanctions. If the court determines, on motion or
motu proprio and after notice and
Warranties of lawyer’s signature hearing, that this rule has been violated, it
may impose an appropriate sanction or
Section 3. Signature and address; refer such violation to the proper office for
a) Every pleading and other written disciplinary action, on any attorney, law
submissions to the court must be signed firm, or party that violated the rule, or is
by the party or counsel representing him responsible for the violation. Absent
or her. exceptional circumstances, a law firm
shall be held jointly and severally liable for
b) The signature of counsel constitutes a a violation committed by its partner,
certificate by him or her that he or she associate, or employee. The sanction may
has read the pleading and document; that include, but shall not be limited to, non-
to the best of his or her knowledge, monetary directive or sanction; an order to
information, and belief, formed after an pay a penalty in court; or, if imposed on
inquiry reasonable under the motion and warranted for effective
circumstances: deterrence, an order directing payment to
1. It is not being presented for any the movant of part or all of the reasonable
improper purpose, such as to attorney’s fees and other expenses directly
harass, cause unnecessary resulting from the violation, including
delay, or needlessly increase the attorney’s fees for the filing of the motion
cost of litigation; for sanction. The lawyer or law firm
cannot pass on the monetary penalty to
2. The claims, defenses, and other the client.
legal contentions are warranted
by existing law or Jurisdiction of the Court of Tax Appeals
jurisprudence, or by a non- (CTA)
frivolous argument for
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It has exclusive appellate 1. Criminal cases involving violations
jurisdiction over the following: of the National Internal Revenue
Code and the Tariff and Customs
a) Decisions of the Commissioner of Code;
Internal Revenue in cases
involving disputed assessments, 2. Decisions of the Regional Trial
refunds of internal revenue taxes, Courts (RTC) in local tax cases;
fees or other charges, penalties
imposed in relation thereto, or 3. Decisions of the Central Board of
other matters arising under the Assessment Appeals (CBAA) in
National Internal Revenue Code cases involving the assessment and
or other law or part of law taxation of real property; and
administered by the Bureau of
Internal Revenue; 4. Collection of internal revenue
taxes and customs duties the
b) Decisions of the Commissioner of assessment of which have already
Customs in cases involving become final.
liability for customs duties, fees or
other money charges; seizure, Jurisdiction of Court of Appeals (CA) in
detention or release of property criminal cases
affected; fines, forfeitures or other
penalties imposed in relation It has exclusive appellate
thereto; or other matters arising jurisdiction over the following cases:
under the Customs Law or other
law or part of law administered by 1. Appeal; from the RTC in cases
the Bureau of Customs; commenced therein, except those
appealable to the Supreme Court
c) In automatic review cases where or the Sandiganbayan; and
such decisions of the Commission
of Customs favorable to the 2. Petition for Review; from the
taxpayer is elevated to the RTC in cases appealed thereto
Secretary of Finance; and from the lower courts and not
appealable to the Sandiganbayan
d) Decisions of the Secretary of
Trade and Industry, in the case of Jurisdiction of the Supreme Court in
non-agricultural product, criminal cases
commodity or article, or the
Secretary of Agriculture, in the It has exclusive appellate
case of agricultural product, jurisdiction over the following cases
commodity or article, in
connection with the imposition of 1. Appeal:
the Anti-Dumping Duty, a. From the RTC:
Countervailing and Safeguard i. in all criminal cases
Duty. involving offenses
for which the
Furthermore, its original appellate penalty is reclusion
jurisdiction has been expanded to perpetua or life
include the following: imprisonment;
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ii. those involving Republic of the Philippines
other offenses Court of Tax Appeals
which, although Quezon City
not so punished, __th Division
arose out of the
same occurrence Republic of the Philippines
or which may have Sandiganbayan
been committed by Quezon City
the accused on the __th Division
same occasion.
b. Automatic review in
The CTA and SB are both seated in
criminal cases where the Quezon City.
death penalty is imposed.
2. Petition for Review on Certiorari In the same vein, there are cases
a. From the CA; which must be heard en banc
b. From the SB; and
c. From the RTC where only En banc cases of SC
an error or question of law
is involved
Sec.3. Court en banc matters and cases;
The Court en banc shall act on the following
Exclusive appellate jurisdiction of
matters and cases:
Sandiganbayan (SB)
Over appeals, from the RTC in cases a) cases in which the constitutionality
under P.D. 1606 (as amended by P.D. or validity of any treaty,
1861) whether or not the cases were international or executive
decided by them in the exercise of agreement, law, executive order,
their original or appellate jurisdictions presidential decree, proclamation,
order, instruction, ordinance, or
Writing caption of appellate courts regulation is in question;
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f) cases where the penalty appropriate for transfer to the
recommended or imposed is the Court en banc;
dismissal of a judge, the
disbarment of a lawyer, the n) Cases that the Court en banc
suspension of any of them for a deems of sufficient importance to
period of more than one year, or a merit its attention; and
fine exceeding forty thousand
pesos; o) all matters involving policy
decisions in the administrative
g) cases covered by the preceding supervision of all courts and their
paragraph and involving the personnel.
reinstatement in the judiciary of a
dismissed judge, the reinstatement En banc cases of CA
of a lawyer in the roll of attorneys,
or the lifting of a judge‟s Sec.2. Matters Cognizable by the Court
suspension or a lawyer‟s En Banc;
suspension from the practice of The Court shall sit in en banc to, among other
law; things:
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d) Discuss and thresh out divergent
views on any particular question En banc cases of SB
of law so as to reach a consensus
thereon or to minimize, if not Over matters pertaining to conduct of
completely avoid, conflict of its affairs
decisions and resolutions of the
different Divisions of the Court Note
on the interpretation and
application of any question or In the pleading for an appeal, the
provision of law; following must appear:
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Republic of the Philippines
Regional Trial Court
__ Judicial Region
Baguio, Br. __
NOTICE OF APPEAL
Accused Mr. A, by counsel, respectfully gives notice to this Honourable Court that he is
appealing the conviction rendered by this court dated ____ to the Court of Appeals.
(Date), (Place).
(sgd)
Atty. __
Address
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
MCLE Compliance No._
Copy furnished:
(Name of prosecutor)
(Designation)
Office of the City Prosecutor
(Address)
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