(Blue Notes 2021) Day 2 (2-Column Format)

ATENEO LAW SCHOOL
DEAN JOSE MARIA G. HOFILEÑA

Dean
DEAN MA. NGINA TERESA V. CHAN-GONZAGA

Associate Dean for Academic Affairs
ATENEO CENTRAL BAR OPERATIONS 2021
GRACE ANN Q. BAJO

TIMOTHY JACOB J. PALAFOX
Chairpersons
GRACE ANN Q. BAJO (Interim)
KATHLEEN KAE Z. ENDOZO MEG V. BUENSALIDO
ARISTEO RAPHAEL T. MARBELLA III MARIE KAYLA C. GALIT
Administrative Committee Heads Academic Committee Heads
MELISSA GABRIELLE P. REMULLA MA. CRISTINA S. ASUNCION

FREEDOM JUSTIN B. HERNANDEZ CARLOS ROSAURO N. MANALO
Administrative Committee Understudies Academic Committee Understudies
PRE-WEEK CORE TEAM
JOANNE MARIE R. VALLES

MARIA EON G. PENAFIEL
JENWIN ELLA M. BACCAY
The Law Pertaining to Private Personal
and Commercial Relations & Procedure
and Professional Ethics
PROCEDURE AND PROFESSIONAL ETHICS
(formerly Remedial Law, Legal Ethics, and Practical Exercises)
FA CU L TY A D V I S ER S
JUSTICE MAGDANGAL M. DE LEON ATTY. TANYA KARINA A. LAT

ATTY. AXEL RUPERT M. CRUZ ATTY. KLARISE ANNE C. ESTORNINOS-CAJUCOM
ATTY. ERDELYNE C. GO ATTY. OSCAR CARLO F. CAJUCOM
ATTY. CARLOS ROBERTO Z. LOPEZ ATTY. MARIA PATRICIA R. CERVANTES-POCO
ATTY. EUGENIO H. VILLAREAL ATTY. RICHIE AVIGALE R. PILARES
ATTY. GEORGE S.D. AQUINO ATTY. RICARDO M. PILARES III
ATTY. FRANCISCO ED. LIM Ethics / Practical Exercises
Remedial Law
SU BJE CT HE AD S
JAMES DON S. DIZON

JAMES PATRICK L. URQUIOLA
JAIMS GABRIEL L. ORENCIA
LESLIELYN L. NGO
Remedial Law
PRAMELA D. MENGHRAJANI
Legal & Judicial Ethics
MA. VERONICA S. PINE

Legal Forms
U ND E RS TU D I E S
LOUIE EMMANUEL G. PAGTAKHAN ANNE HILLARY PAULINE VILLENA

STEFFI GAYLE C. BULLECER Legal & Judicial Ethics
STEFFI MARTINA S. VALLE
JENWIN ELLA M. BACCAY LEA TIFFANY O. LAOHOO
Remedial Law Legal Forms
THE LAW PERTAINING TO PRIVATE PERSONAL AND
COMMERCIAL RELATIONS
(formerly Civil Law and Commercial Law)
FA CU L TY A D V I S ER S
DEAN CYNTHIA R. DEL CASTILLO DEAN JOSE MARIA G. HOFILEÑA

DEAN MELENCIO S. STA. MARIA, JR. DEAN FERDINAND M. NEGRE
ATTY. AMPARITA S. STA. MARIA ATTY. ELMORE O. CAPULE
ATTY. DAN KEVIN C. MANDOCDOC ATTY. IVY D. PATDU
ATTY. DANIEL NICHOLAS C. DARVIN ATTY. TAKAHIRO KENJIE C. AMAN
ATTY. TERESA S. VILLANUEVA-TIANSAY ATTY. CHRISTINE JOY K. TAN
ATTY. ROEL A. REFRAN ATTY. ROEL A. REFRAN
ATTY. VIVENCIO F. ABAÑO ATTY. FRANCIS JOSEPH H. AMPIL
ATTY. CHRISTINE JOY K. TAN Commercial Law
ATTY. JESS RAYMUND M. LOPEZ
ATTY. FRANCIS JOSEPH H. AMPIL
Civil Law
SU BJE CT HE AD S
JOANNE MARIE R. VALLES (Head) JONAH MAE M. SAMPANG

KARLA NIZZA BUTIU MARK JOSE P. VIVIT
KAYE DOMINIQUE TONO CARLO ANTON J. DEL MUNDO
ANGELICO J. CALDOZO SIEGFRED G. PEREZ
MA. KRISTINA LOPEZ DE LEON ALIYAH ROSH DY
PIERRE GEOFFREY L. MACALINO DIANNE P. MULINGTAPANG
GE-AN KATHLEENA SALUD MART AMIEL J. LAFORTEZA
BIANCA GEORGIA T. PALOMA TIMOTHY JACOB J. PALAFOX
JESSE BRIAN B. LUI TALISA MARI D. DELA ROSA
BRIAN KELVIN V. PINEDA ANNA YSABELLE A. VELUZ
IRISH SELENE S. AQUINO JIM MATTHEW O. HAM
Civil Law Commercial Law
UNDE RS TUDI E S
MARIA EON G. PENAFIEL JOHN DENNHEL Y. CRUZ ISABELLE BEATRIZ DLS. GINEZ
JAXYNNE ALEIX ALCALA RODRICH REY S. REBOLLOS LESLIE ANNE M. CASTILLO
MARTIN GERARD T. ERA JANINE THERESE CLAIRE P. ESPIRITU RIVER M. GADDI
NORLENE JAE M. ANDAYA ANTHONY JEFFERSON Y. JULIO ANGELIE MARIE PINTOR
JAZZMIN A. BENJAMIN JENNIKA C. CHUA AUBREYLAINE M. SALAZAR
JEWEL M. CULALA JESSA ANGELICA A. LAT JASMINE R. BRIONES
SERMAE ANGELA PASCUAL KARISSA MARIEL S. ENRIQUEZ IRISH MAE GARCIA
Civil Law Civil Law LUIS TEODORO B. PASCUA
JAYE MARIE C. MARTINEZ
Commercial Law
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ADMINSTRATIVE COMITTEE
CRE A TI V E S
JONATHAN DF. TORRES

NICOLE ANN C. PAGLICAWAN
JULIANNE BEATRICE N. ROSARIO
RIA ALEXANDRA D. CASTILLO
GAEL PAULINE R. MORALES
TE CH NI C AL FI NA N CE
JOSEPH BILL P. QUINTOS STEFI MONIKA S. SUERO

SAMANTHA J. MAGAOAY KATHLEEN C. ROMINA
FREEDOM JUSTIN B. HERNANDEZ SERMAE ANGELA G. PASCUAL
S PE CI A L PR OJE CT S LOGI S TI C S
AINA RAE L. CORTEZ CHRISTIAN GIO R. SENARLO

LUMINA ALINEA O. AQUINO MAEDEN M. BORCELANGO
ANNA MARIE GRACE M. ANTONIO IMI LIZA B. ESPINA
MARY STEPHANIE CABRERA CRUZ FRANCIS SABIN BELTRAN
CLARISSE MAE D. ZAPLAN ANTHONY JEFFERSON Y. JULIO
M ARK E TI N G PU BLI C R E L ATI O N S
DONN MARIE ISABELLE BALINA MELISSA GABRIELLE P. REMULLA

PRISHA LEIGH D. CRUZ DANELLA DIANE D. DIMAPILIS
ALITHEA C. SORIANO REYNALDO M. REVECHE
AARON C. CHENG GRACIELLA RACHEL D. ROBLES
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THE ATENEO CENTRAL BAR OPERATIONS 2020-2021
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TABLE OF CONTENTS
C. THE LAW PERTAINING TO PRIVATE PERSONAL AND COMMERCIAL
RELATIONS ..................................................................................................................... 2ii
A. CIVIL LAW ............................................................................................................................. 3
1. LEGAL PERSONALITY, CAPACITY TO ACT................................................................................... 3
2. MARITAL RELATIONSHIPS ............................................................................................................. 4
3. PROPERTY ..................................................................................................................................... 10
4. OBLIGATIONS ................................................................................................................................. 41
5. CONTRACTS ................................................................................................................................... 49
6. TORTS, QUASI-DELICTS ............................................................................................................... 65
7. DAMAGES ....................................................................................................................................... 71
B. COMMERCIAL LAW............................................................................................................ 74
1. CORPORATIONS ............................................................................................................................ 74
2. INTRA-CORPORATE DISPUTE ..................................................................................................... 91
3. INTELLECTUAL PROPERTY .......................................................................................................... 92
4. INSURANCE .................................................................................................................................... 95
5. DATA PRIVACY ACT OF 2012 ....................................................................................................... 98
D. PROCEDURE AND PROFESSIONAL ETHICS ...................................................... 106

A. REMEDIAL LAW ................................................................................................................ 107
1. CIVIL PROCEDURE ......................................................................................................................107
2. CRIMINAL PROCEDURE ..............................................................................................................141
3. APPEAL (RULES 41 & 45) ............................................................................................................168
4. ANNULMENT OF JUDGMENTS (RULE 47) .................................................................................172
5. SMALL CLAIMS .............................................................................................................................172
6. EVIDENCE .....................................................................................................................................173
7. SPECIAL CIVIL ACTIONS .............................................................................................................205
8. SPECIAL PROCEEDINGS ............................................................................................................208
B. ETHICS ............................................................................................................................... 231

1. QUALIFICATIONS FOR NEW LAWYERS ....................................................................................231
2. CODE OF PROFESSIONAL RESPONSIBILITY...........................................................................232
3. DISQUALIFICATION / INHIBITIONS FOR JUDGES ....................................................................243
4. DIRECT AND INDIRECT CONTEMPT..........................................................................................244
C. PRACTICAL EXERCISES ................................................................................................. 246

1. PARTS OF CONVEYANCING, AFFIDAVITS ................................................................................246
2. PARTS OF PLEADINGS, MOTIONS ............................................................................................256
The Law Pertaining to Private Personal and Commercial Relations vi

Procedure and Professional Ethics
THE LAW PERTAINING TO
PRIVATE PERSONAL AND
COMMERCIAL RELATIONS
formerly Civil Law and

Commercial Law
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C. THE LAW PERTAINING TO PRIVATE PERSONAL AND COMMERCIAL RELATIONS
TOPIC OUTLINE UNDER THE SYLLABUS:
A. CIVIL LAW
1. Legal personality, capacity to act
2. Marital relationships
3. Property
a. Concept of property
b. Ownership
c. Co-ownership
d. Right of accession
e. Easement & Possession
i. Possession
ii. Easement
f. Nuisance & Modes of Acquiring Ownership
i. Nuisance
ii. Modes of Acquiring Ownership
4. Obligations
5. Contracts
a. In general
b. Loans and mortgages
c. Interest
6. Torts, Quasi-delicts
7. Damages
B. COMMERCIAL LAW
1. Corporations
a. Kinds of corporations, including corporations sole
b. Composition of/membership in board of directors
c. Powers, duties, and prerogatives of boards of directors and stockholders
d. Articles of incorporation
e. By-laws
2. Intra -corporate dispute (concept)
3. Intellectual property
a. Copyright
b. Fair use principle
c. Moral and economic rights
4. Insurance
a. What can be insured
b. Claims for life insurance
5. Data Privacy Act of 2012 (Republic Act No. 10173)
a. Personal vs. sensitive personal information
b. Scope
c. Processing of personal information
d. Rights of the data subject
The Law Pertaining to Private Personal and Commercial Relations Page 2 of 269
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A. CIVIL LAW 1. LEGAL PERSONALITY, CAPACITY

TO ACT
Q: When does personality begin?
A. CIVIL LAW A: Personality is determined by birth; extinguished
1. Legal personality, capacity to act by death but commences from conception (P.D.
2. Marital relationships 603, amending Art. 40).
3. Property
a. Concept of property The conceived child shall be considered born for
b. Ownership all purposes favorable to it (provisional
c. Co-ownership personality), provided it be born later under the
d. Right of accession following conditions:
e. Easement • If it had an intra-uterine life of 7 months or
f. Nuisance more, it is alive at the time it is completely
4. Obligations delivered from the mother’s womb
5. Contracts • If it had an intra-uterine life of less than 7
a. In general months, only if it lives for at least 24 hours
b. Loans and mortgages after its complete delivery from maternal
c. Interest womb (Civil Code, Art. 41)
6. Torts, quasi-delicts
7. Damages Q: Who are juridical persons (Civil Code, Art.
44)?
A:
1. The State and its political subdivisions
2. Other corporations, institutions, and
entities for public interest or purpose
created by law
3. Corporations, partnerships, and
associations for private interest or
purpose
Q: What laws govern Juridical Persons? (Civil

Code, Art. 45):
1. The State, its political subdivisions,
and corporations, institutions, and
entities for public interest or purpose:
governed by the laws creating or
recognizing them.
2. Private corporations: governed by the
Revised Corp. Code (R.A. 11232)
3. Partnerships and associations: governed
by the provisions of the New Civil Code on
partnerships, except those registered with
the SEC which should be governed like
corporations
Q: What are the rights of a Juridical Person?

(Civil Code, Art. 46)
1. Acquire and possess property of all kinds
2. Incur obligations
3. Bring civil or criminal actions
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Q: What are the differences between Juridical 2. MARITAL RELATIONSHIPS

Capacity and Capacity to Act? (Civil Code, Art.
37) Q: What are the essential requisites of
A: marriage?
JURIDICAL CAPACITY TO ACT A: Legal capacity of the contracting parties who
CAPACITY must be a male and a female; and Consent freely
given in the presence of the solemnizing officer
Fitness to be the subject Power to do acts with (Family Code, Art. 2).
of legal relations legal effect
Q: What are the formal requisites of marriage?
Passive Active A:
1. Authority of solemnizing officer;
Inherent Not inherent; attained or 2. Valid marriage License (except in cases
conferred
where a marriage license is not required);
Lost only through death Lost through death and a. Valid only for 120 days from issue
other causes in any part of the Philippines
3. Marriage Ceremony where the contracting
Can exist without Cannot exist without parties appear before the solemnizing
capacity to act juridical capacity officer, with their personal declaration that
they take each other as husband and wife
Cannot be limited or Can be restricted, in the presence of not less than two
restricted modified, or limited witnesses of legal age (Family Code, Art.
4).
Q: What are the restrictions on Capacity to
Act? (MInD-ICIP) Q: Will the irregularity in the formal requisites
A: affect the validity of the marriage?
1. Minority A: No. An irregularity in the formal requisites (i.e.
2. Insanity authority of solemnizing officer, marriage license,
3. State of being Deaf-mute marriage ceremony) shall not affect the validity of
4. Imbecility the marriage.
5. Civil Interdiction
6. Prodigality - state of squandering money NOTE: The party responsible for the irregularity
or property with a morbid desire to shall, however, be civilly, criminally, and
prejudice the heirs of a person (Martinez administratively liable (Family Code, Art. 4).
v. Martinez, G.R. No. 445, 1902)
Q: Who are authorized to solemnize a
NOTE: But these do not exempt the incapacitated marriage?
person from certain obligations. A:
1. Incumbent member of the Judiciary (judge
Q: What circumstances modify or limit – within the court’s jurisdiction; Justices –
Capacity to Act? (FAT-DA-PAPIII) within Philippine territory)
A: 2. Any Priest, rabbi, imam or the minister of
1. Family relations any church or religious sect
2. Alienage a. Registered with the civil registrar
3. Trusteeship general;
4. State of being Deaf-mute b. Within limits of the written
5. Age authority of the church or sect;
6. Penalty and
7. Absence c. At least one of the contracting
8. Prodigality parties belongs to the church or
9. Insanity religious sect.
10. Insolvency 3. Ship Captain or airplane chief
11. Imbecility (Civil Code, Art. 39) a. At least one of the parties is in
articulo mortis;
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b. Between passengers or crew authenticated by the Philippine Consul in

members; and Japan as required by Sections 24 and 25 of
c. While the ship is at sea or the Rule 132. Is the RTC correct?
plane is in flight and also during A: Yes. In order for a divorce obtained abroad by
stopover at ports of call the alien spouse to be recognized in our
4. Military Commander of a unit to which a jurisdiction, our law on evidence requires that both
chaplain is assigned; the divorce decree and the national law of the alien
a. Chaplain is absent at the time of must be alleged and proven like any other fact.
marriage; This means that the foreign judgment and its
b. During military operations; authenticity must be proven as facts under our
c. Must be one in articulo mortis; rules on evidence, together with the alien's
and applicable national law to show the effect of the
d. Between persons within the zone judgment on the alien himself or herself. (Medina
of military operations or whether v. Koike, G.R. No. 215723, 2016).
members of the armed forces or
civilians Q: X was married to Y, a Japanese citizen. X
5. Consul-general, consul, or vice-consul and Y submitted a “Divorce by Agreement” in
between Filipino citizens abroad (Family Japan, which was eventually approved. Thus,
Code, Art. 7). X filed a petition for recognition of the divorce
decree before the RTC, which denied X’s
Q: What is the concept of Lex Loci petition, invoking the nationality principle
Celebrationis? under Article 26(2) of the FC. The decision was
A: All marriages solemnized outside the grounded on the fact that X admittedly initiated
Philippines, in accordance with the laws in force in the divorce proceedings and since X is a
the country where they were solemnized, and valid Filipino citizen whose national laws do not
there as such, shall also be valid in this country. allow divorce, then the divorce decree
obtained in Japan is not binding in the
EXCEPTIONS: If the marriage is contracted by Philippines. Is the RTC correct?
any party below 18, or if the marriage is A: No. Pursuant to Republic v. Manalo, foreign
incestuous, bigamous or polygamous; or is against divorce decrees obtained to nullify marriages
public policy; or involves a mistake in identity; or is between a Filipino and an alien citizen may
a subsequent marriage that is void under Art. 53; already be recognized in this jurisdiction,
or is void because of psychological incapacity, regardless of who between the spouses initiated
such marriage is void even if the country where it the divorce; provided, of course, that the party
is celebrated considers the same valid (Family petitioning for the recognition of such foreign
Code, Art. 26). Only the formal requisites on who divorce decree — presumably the Filipino citizen
are authorized to solemnize marriages, and the — must prove the divorce as a fact and
kind of ceremony to be performed are waived by demonstrate its conformity to the foreign law
Art. 26. BUT there should still be a solemnizing allowing it. In this case, X has yet to prove the fact
officer and a rite of solemnization, even if of her "Divorce by Agreement" obtained in Japan,
performed abroad. in conformity with prevailing Japanese laws on
divorce. (Morisono v. Morisono, G.R. No. 226013,
Q: X, a Filipino citizen, married Y, a Japanese 2018.)
national. Subsequently, pursuant to the laws of
Japan, they were divorced. X filed a petition for Q: There are certain marriages where the
judicial recognition of foreign divorce and requirement of a marriage license is not
declaration of capacity to remarry. X presented required. What are these marriages?
several foreign documents, including a duly A:
authenticated Divorce Certificate and two 1. Art. 27 - Where either or both of the
books on the Civil Code of Japan for years contracting parties are at the point of
2000 and 2009. The RTC denied X’s petition, death (marriage in articulo mortis)
ruling that X fell short of proving the national 2. Art. 28 - Where the residence of either
law, particularly on divorce, of Y. It observed party is so located that there is no means
that the books presented were not duly of transportation to enable such party to
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appear personally before the local civil declared psychologically incapacitated, because
registrar (marriage in a remote place) what is important is the presence of the totality of
3. Art. 33 - Marriage among Muslims or evidence that can sustain a finding of
among members of the ethnic cultural psychological incapacity. Further, in the Tan-
communities; if solemnized in accordance Andal case, the court ruled that psychological
with their customs, rites or practices. incapacity is neither a mental illness nor a
4. Art. 34 - Marriage of a man and a woman personality disorder that needs to be proven
who have lived together as husband and through expert opinion.
wife for at least 5 years and without legal
impediment to marry each other (5-Year Q: Under Tan-Andal v. Andal, G.R. No. 196359,
Cohabitation Rule). 2021), how is psychological incapacity
described?
Q: What kind of psychological incapacity is A: Psychological incapacity consists of clear acts
contemplated under Article 36? of dysfunctionality that show a lack of
A: The psychological incapacity contemplated in understanding and concomitant compliance with
Article 36 of the Family Code is incurable, not in one's essential marital obligations due to psychic
the medical, but in the legal sense; hence, the third causes. It is neither a medical illness nor a
Molina guideline is amended accordingly. This personality disorder. The decision also affirmed
means that the incapacity is so enduring and that juridical antecedence must still be established
persistent with respect to a specific partner, and and that the incapacity is relative to the other
contemplates a situation where the couple's spouse. The quantum of proof should be clear and
respective personality structures are so convincing evidence.
incompatible and antagonistic that the only result
of the union would be the inevitable and Q: X and Y were married in 1972. Then Y
irreparable breakdown of the marriage. "[A]n married Z in 1979. Z filed a declaration of nullity
undeniable pattern of such persisting failure [to be of marriage against Y on the ground of bigamy.
a present, loving, faithful, respectful, and Meanwhile, Y was able to secure a judgment
supportive spouse] must be established so as to declaring the 1972 marriage void due to the
demonstrate that there is indeed a psychological absence of a marriage license. Will Z’s petition
anomaly or incongruity in the spouse relative to the for declaration of nullity of marriage against Y
other." (Tan-Andal v. Andal, G.R. No. 196359, prosper?
2021) A: No, the requirement of a judicial decree of
nullity of a void marriage before contracting a
Q: When must psychological incapacity subsequent one does not apply to marriages that
manifest to be a ground for termination of were celebrated before the effectivity of the Family
marriage? Code, particularly if the children of the parties were
A: Art. 36 provides that psychological incapacity born while the Civil Code was in force. The first
must appear at the time of the celebration of the marriage of Y being void for lack of license, there
marriage, even if such incapacity becomes was no need for judicial declaration of its nullity
manifest only after its solemnization. All grounds before he could contract the second marriage with
of void marriages (nullity) must exist at the time of Z. Hence, the second marriage to Z is valid.
the celebration of the marriage. The same rule for Neither can Y be held liable for bigamy. Moreover,
voidable (annulment) marriages under Art. 45. the provisions of the Family Code cannot be
retroactively applied to the present case, for to do
Q: In a case for declaration of nullity of so would prejudice the vested rights of Y under the
marriage under Art. 36, the Court denied the Civil Code. (Castillo v. De Leon-Castillo, G.R. No.
petition on the ground that the expert opinions 189607, 2016)
on the psychological incapacity of the wife was
solely based on the husband’s version of the Q: What are the essential requisites for the
events. Is there a requirement of personal declaration of presumptive death under Art.
examination to declare a spouse as 41? (MR-BF)
psychologically incapacitated? A:
A: No. There is no requirement for one to be 1. That the absent spouse has been Missing
personally examined by a physician, in order to be for four consecutive years, or two
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consecutive years if the disappearance Q: What is the proper remedy for a judicial
occurred where there is danger of death declaration of presumptive death obtained
under the circumstances laid down in through extrinsic fraud?
Article 391 of the Civil Code; A: The proper remedy is an action to annul the
2. That the present spouse wishes to judgment. In case a judicial declaration of
Remarry; presumptive death was obtained by extrinsic fraud
3. That the present spouse has a well- wherein the person declared presumptively dead
founded Belief that the absentee is dead; has never been absent, for the purpose of not only
and terminating the subsequent marriage but also of
4. That the present spouse Files a summary nullifying the effects of the declaration of
proceeding for the declaration of presumptive death and the subsequent marriage,
presumptive death of the absentee. mere filing of an affidavit of reappearance would
(Republic vs Sareñogon, G.R. No. not suffice. (Santos v. Santos, G.R. No. 187061,
199194, 2016 (citing Republic v. Cantor, 2014)
G.R. No. 184621, 2013).
Q: What are the conditions for the termination
Q: X and Y were married. Y, a member of the of a subsequent marriage by reappearance of
AFP, left X and went to Sulu where he was the former spouse?
assigned. Since then, X heard no news from Y. A: It is subject to the following conditions: (1) the
After 33 years without communication and non-existence of a judgment annulling the
trying everything to locate him such as asking previous marriage or declaring it void ab initio; (2)
his parents, relatives, and neighbors about his recording in the civil registry of the residence of the
whereabouts, and with the firm belief that he is parties to the subsequent marriage of the sworn
already dead, X filed a petition to declare him statement of fact and circumstances of
presumptively dead for purposes of reappearance; (3) due notice to the spouses of the
remarriage. RTC and CA granted the petition subsequent marriage of the fact of reappearance;
ruling that X exerted efforts to find Y. The lapse and (4) the fact of reappearance must either be
of 33 years coupled with the fact that Y was undisputed or judicially determined. (Santos v.
sent on a combat mission to Jolo, Sulu gave Santos, G.R. No. 187061, 2014)
rise to X’s well-founded belief that Y was dead.
Is the CA correct? Q: What are the prescriptive periods for filing
A: No. There are 4 requisites for the absent an action for annulment?
spouse to be declared presumptively dead under A:
Art. 41; (1) absent spouse missing for 4 1. Within 5 years after attaining the age of 21
consecutive years or 2 consecutive years if the for party whose parent did not give
disappearance occurred where there is danger of consent or before the contracting party
death under circumstances in Art. 391 of CC, (2) reaches 21 for the parent, guardian, or the
that the present spouse wishes to remarry, (3) that person having substitute parental
present spouse has well-founded belief that authority, if the marriage was solemnized
absentee is dead, and (4) present spouse filed a where one of the contracting parties is 18
summary proceeding for the declaration of or over but below 21 without consent of
presumptive death of absentee. Under the third parents, guardian, or the person having
requisite, the present spouse has to prove that substitute parental authority.
his/her belief was the result of diligent and 2. Any time before death of either party or
reasonable efforts to locate the absent spouse. X’s during lucid interval or after gaining sanity
efforts do not suffice. This is because she could if the ground is UNSOUND MIND
have called AFP headquarters to request 3. Within 5 years after the discovery of
information about her husband, but failed to do so. FRAUD
Therefore, X’s efforts failed to satisfy the degree of 4. Within 5 years from the time the
diligence required to create “a well-founded belief” intimidation or undue influence
of his death. Also, her testimony as to her efforts disappeared or ceased if the ground is
were not corroborated by any additional witness VITIATION OF CONSENT (i.e. force,
nor were the resource persons named. (Republic intimidation and undue influence)
v. Tampus, G.R. No. 214243, 2016.) 5. Within 5 years after the celebration of
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marriage if the ground is IMPOTENCE or • Closed remedy (prescription).

STD which is found to be serious and
appears incurable (Family Code, Art. 47). Q: What governs property relations between
spouses?
Q: What are the grounds for legal separation A: The future spouses may, in the marriage
A: The grounds are: settlements, agree upon the regime of absolute
a. Repeated physical violence or grossly community, conjugal partnership of gains,
abusive conduct directed against complete separation of property, or any other
petitioner, a common child or a child of regime. In the absence of a marriage settlement,
the petitioner or when the regime agreed upon is void, the
b. Physical violence or moral pressure to system of absolute community of property as
compel the petitioner to change religious established in this Code shall govern. (Family
or political affiliation Code, Art. 75)
c. Attempt of respondent to corrupt or induce
the petitioner, a common child, or a child NOTE: Prior to the effectivity of the Family Code
of the petitioner, to engage in prostitution, on August 3, 1988, the system of conjugal
or connivance in such corruption or partnership of gains governed the property
inducement relations of husband and wife.
d. Final judgment sentencing respondent to
imprisonment of more than 6 years (even Q: What are the requisites for the
if pardoned) enforceability of marriage settlements? (WSB-
e. Drug Addiction or habitual alcoholism TC-CR)
f. Lesbianism or homosexuality A:
g. Subsequent bigamous marriage 1. In Writing
h. Sexual Infidelity or perversion 2. Signed by the parties
i. Attempt by respondent against the life of 3. Executed Before the celebration of
the petitioner marriage
j. Abandonment for more than 1 year 4. To fix the Terms and conditions of their
without justifiable cause (Family Code, property relations
Art. 55). 5. If the party executing the settlement is
under Civil interdiction or any other
Q: When does an action for legal separation disability, the guardian appointed by the
prescribe? court must be made a party to the
A: After five years from the time of the occurrence settlement
of the cause (Family Code, Art. 57). The time of 6. Registration (to bind 3rd persons) (Family
discovery of the ground for legal separation is not Code, Art. 77).
material in the counting of the prescriptive period
(STA. MARIA, Persons and Family Relations Law Q: What constitutes Conjugal Partnership of
366, 2010). Gains? (FOLCHIC)
A:
Q: Who has the power to fix the family 1. Fruits of conjugal property due or received
domicile? during the marriage and net fruits of
A: Both the husband and the wife. In case of separate property
disagreement, however, the court shall decide. 2. Those acquired through Occupation
(Family Code, Art. 69). 3. Livestock in excess of what was brought
to the marriage
Q: What are the grounds for court denial of legal 4. Those acquired during the marriage with
separation? Conjugal funds
A: Remember the Cs: 5. Share in Hidden treasure
• Condonation, 6. Those obtained from labor, Industry, work
• Consent, or profession of either or both spouse
• Connivance, 7. Those acquired by Chance (Family Code,
• Collusion, Art. 117).
• Co-guilt (both gave grounds for L/S) and
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Q: What are the exclusive properties of notary public should not facilitate the disintegration
spouses in a Conjugal Partnership of Gains? of a marriage and the family. In so doing a notary
(OGRE) public may be held accountable administratively
A: (Rodolfo Espinoso v. Juliet Omana, A.C. 9081,
1. That which is brought to the marriage as 2011).
his or her Own;
2. That which each acquires during the Q: When A and B married, they chose conjugal
marriage by Gratuitous title; partnership of gains to govern their property
3. That which is acquired by right of relations. After 3 years, B succeeded in getting
Redemption, by barter or by exchange her marriage to A declared null and void on
with property belonging to only one of the ground of the latter’s psychological incapacity.
spouses; and What liquidation procedure will they follow in
4. That which is purchased with Exclusive disposing of their assets?
money or wife of the husband (Family A: Their properties will be liquidated according to
Code, Art. 109). Art. 147. When a man and a woman who are
capacitated to marry each other, live exclusively
Q: Solomon sold his coconut plantation to with each other as husband and wife without the
Aragon, Inc. for P100 million, payable in benefit of marriage or under a void marriage, their
installments of P10 million per month with 6% wages and salaries shall be owned by them in
interest per annum. In the meantime, Solomon equal shares and the property acquired by both of
married Lorna and they chose the regime of them through their work or industry shall be
conjugal partnership of gains to govern their governed by the rules on co-ownership (Family
property relations in their ante-nuptial Code, Art.147).
agreement. To whom will Aragon’s monthly
installment payments go after the marriage? Q: In the property relations based on Art. 148,
A: The principal shall go to Solomon while the is there a presumption that the contributions
interests go to the conjugal partnership. The fruits, to the property between the man and woman
natural, industrial, or civil, due or received during are equal?
the marriage from the common property, as well A: This presumption will only apply if there is proof
as the net fruits from the exclusive property of of actual contribution from both parties and the
each spouse are included in the conjugal share of each is unknown or not proven. Art. 148
partnership properties (Family Code, Art. 117(3)). states that in the absence of proof to the contrary,
the contribution of the partners and corresponding
Q: When may a spouse assume sole powers of shares are presumed to be equal. Before this
administration? presumption can apply, there must be actual proof
A: Only in the event that one spouse is of contribution first from both parties.
incapacitated or otherwise unable to participate in
the administration of the conjugal properties.
These powers do not include disposition or
encumbrance without authority of the court or the
written consent of the other spouse.
NOTE: In the absence of such authority or

consent, the disposition or encumbrance shall be
void, but may be perfected as a binding contract
upon the acceptance by the other spouse or
authorization by the court before the offer is
withdrawn. (Family Code, Art. 124).
Q: Can an extrajudicial dissolution of the

conjugal partnership without judicial approval
be valid?
A: An extrajudicial dissolution of the conjugal
partnership without judicial approval is void. A
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3. PROPERTY places are included; (immovable by

incorporation)
a. CONCEPT OF PROPERTY 7. Fertilizer actually used on a piece of land;
(immovable by destination)
Q: What is a property? 8. Mines, quarries, and slag dumps, while the
A: All things which are or may be the object of matter thereof forms part of the bed, and waters
appropriation (Civil Code, Art. 414) either running or stagnant; (immovable by
nature)
Q: In general, what are the kinds of property? 9. Docks and structures which, though floating,
A: Immovable/Real Property, and are intended by their nature and object to
Movable/Personal Property (Civil Code, Art. 414) remain at a fixed place on a river, lake, or coast;
(immovable by destination)
Q: Can parties agree that a particular property 10. Contracts for public works, and servitudes and
shall be considered movable even though it is other real rights over immovable property.
really immovable; and vice versa? (immovable by analogy/law) (Civil Code, Art.
A: Yes, but this will only bind the contracting 415)
parties based on the principle of estoppel. Third
persons acting in good faith are not bound by the Q: In Art. 415 (1), is it relevant who places the
parties’ conventional characterization of the buildings, roads, and other constructions?
property (Davao Sawmill v. Castillo, 2000) A: No, the law does not distinguish. As long as it’s
adhered to the soil then it is an immovable
Q: What are immovable properties? property. (Civil Code, Art. 415(1))
A: The following are immovable properties:
1. Land, buildings, roads and constructions of all Q: In Art. 415 (1), is the intention of the person
kinds adhered to the soil; (immovable by who placed the buildings, roads, and other
nature) constructions relevant?
2. Trees, plants, and growing fruits, while they are A: No, the law does not distinguish. As long as it’s
attached to the land or form an integral part of adhered to the soil then it is an immovable
an immovable; (immovable by incorporation) property. (Civil Code, Art. 415(1))
3. Everything attached to an immovable in a fixed
manner, in such a way that it cannot be Q: In Art. 415 (2), is it relevant who places the
separated therefrom without breaking the trees, plants, and growing fruits?
material or deterioration of the object; A: No, the law does not distinguish. As long as
(immovable by incorporation) they are attached to the land or form an integral
4. Statues, reliefs, paintings or other objects for part of an immovable, then it is an immovable
use or ornamentation, placed in buildings or on property. (Civil Code, Art. 415(2))
lands by the owner of the immovable in such a
manner that it reveals the intention to attach Q: In Art. 415 (2), is the intention of the person
them permanently to the tenements; who placed the trees, plants, and growing
(immovable by incorporation) fruits relevant?
5. Machinery, receptacles, instruments or A: No, the law does not distinguish. As long as
implements intended by the owner of the they are attached to the land or form an integral
tenement for an industry or works which may part of an immovable, then it is an immovable
be carried on in a building or on a piece of land, property. (Civil Code, Art. 415(2))
and which tend directly to meet the needs of
the said industry or works; (immovable by Q: In Art. 415 (3), is it relevant who places the
destination) attachment to an immovable in a fixed
6. Animal houses, pigeon-houses, beehives, fish manner?
ponds or breeding places of similar nature, in A: No, the law does not distinguish. (Civil Code,
case their owner has placed them or preserves Art. 415(3))
them with the intention to have them
permanently attached to the land, and forming Q: In Art. 415 (3), is the intention of the person
a permanent part of it; the animals in these who places the attachment to an immovable in
a fixed manner relevant?
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A: No, the law does not distinguish. (Civil Code, to the land, and forming a permanent part of it
Art. 415(3)) (Civil Code, Art. 415(6))
Q: In Art. 415 (4), is it relevant who places the Q: Are mines, quarries and slag dumps
statues, reliefs, paintings or other objects for immovable properties in whatever form and in
use or ornamentation? whatever stage they are in?
A: Yes, the law provides that it must be placed in A: No, the law states that they are only considered
buildings or on lands by the owner of the immovable if they form part of the bed. (Civil Code,
immovable. (Civil Code, Art. 415(4)) Art. 415(8))
Q: In Art. 415 (4), is the intention of the person Q: Are submarine cables and electric
who places the statues, reliefs, paintings or transmission lines immovable or movable
other objects for use or ornamentation properties?
relevant? A: Immovable properties. The Supreme Court
A: Yes, the law provides that it must be placed in made a determination of the nature of submarine
such a manner that it reveals the intention to and undersea cables as immovable properties and
attach them permanently to the tenements (Civil therefore subject to realty tax. (Capitol Wireless
Code, Art. 415(4)). Inc. v. Provincial Treasurer of Batangas, G.R. No.
180110, May 30, 2016)
Q: In Art. 415(4) where must the statues,
reliefs, paintings, and other objects be placed? Q: What are considered as personal
A: They must be placed either in buildings or on properties?
lands (Civil Code, Art. 415(4)). A: The following things are deemed to be personal
property:
Q: In Art. 415(5), is it relevant who places the 1. Those movables susceptible of appropriation
machinery, receptacles, instruments or which are not included in the enumeration
implements? under Art. 415;
A: Yes, the law provides that it must be placed by 2. Real property which by any special provision of
the owner of the tenement (Civil Code, Art. law is considered as personalty;
415(5)). 3. Forces of nature which are brought under
control by science;
Q: In Art. 415(5) is the intention of the person 4. In general, all things which can be transported
who places the machinery, receptacles, from place to place without impairment of the
instruments or implements relevant? real property to which they are fixed.
A: No, the law does not distinguish. The law only 5. Obligations and actions which have for their
requires that it must directly meet the needs of the object movables or demandable sums; and
said industry or works (Civil Code, Art. 415(5)). 6. Shares of stock of agricultural, commercial and
industrial entities, although they may have real
Q: In Art. 415(6), is it relevant who places or estate. (Civil Code, Arts. 416-417)
preserves the animal houses, pigeon-houses,
beehives, fish ponds or breeding places of Q: What are the kinds of properties in relation
similar nature? to the person to whom it belongs in general?
A: Yes, the law requires that they must be placed A: Property is either of public dominion or of
by the owner of the animal houses, pigeon- private ownership. (Civil Code, Art. 419)
houses, beehives, fish ponds or breeding places
of similar nature. (Civil Code, Art. 415(6)) Q: What are the properties of public dominion?
A: The following things are property of public
Q: In Art. 415(6) is the intention of the person dominion:
who places the animal houses, pigeon-houses, 1. Those intended for public use, such as roads,
beehives, fish ponds or breeding places of canals, rivers, torrents, ports and bridges
similar nature relevant? constructed by the State, banks, shores,
A: Yes, the law states that the owner must have roadsteads, and others of similar character;
the intention to have them permanently attached 2. Those which belong to the State, without being
for public use, and are intended for some public
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service or for the development of the national 2. Gymnasium

wealth. (Civil Code, Art. 420) 3. Schools (Sta. Maria, Property, p. 28)
Q: For properties owned by the national Q: What is the difference between Property for
government, how many kinds do we have? Public Use and Property for Public Service?
A: We have three kinds: A:
1. For public use
2. For public service PUBLIC USE PUBLIC SERVICE
3. For development of the national wealth Those which may be Those which may only
(Civil Code, Art. 420) used by anybody such be used by certain
as roads and canals. duly authorized
Q: What are properties for public use? persons, although
A: The following are intended for public use: used for the benefit of
1. Roads the public.
2. Canals (Usero v. CA, G.R. No. 152115, 2005)
3. Rivers
4. Torrents Q: What are properties for the development of
5. Ports and bridges constructed by the national wealth?
State A: Those which belong to the State, without being
6. Banks for public use, and are intended for some public
7. Shores service or for the development of the national
8. Roadsteads; and wealth. (Civil Code, Art. 420) Specifically,
9. Others of Similar Character (Civil Code, patrimonial properties are properties owned by the
Art. 420) state in its private or proprietary capacity (PNOC
a. i.e. A creek comes within the v. National Grid Corporation, G.R. No. 224936,
purview of property of public 2019).
dominion. Evidenced by:
i. Barangay certification Examples of properties for the development of
that a creek exists in the national wealth are the following:
disputed strip of land 1. Properties acquired by the government in
ii. Certification from the execution or tax sales (PNOC v. National
Second Manila Grid Corporation, G.R. No. 224936,
Engineering District 2019);
Office where the subject 2. Mangrove lands and mangrove swamps
strip of land is located is (PNOC v. National Grid Corporation, G.R.
bounded by a tributary of No. 224936, 2019);
the cree; and 3. Marketplace (Privatization and
iii. Photographs showing the Management Office et. al. v. CTA et. al.,
abundance of water lilies. G.R. No. 211839, 2019);
(shows that there is a 4. Hotel Owned by the State Leased to Third
permanent stream of Persons (Privatization and Management
water or creek) (Usero v. Office et. al. v. CTA et. al., G.R. No.
CA, G.R. No. 152115, 211839, 2019);
2005) 5. Baguio City, the Wright Park, the
Secretary’s Cottage, the Senate
Q: What are properties for public service? President’s Cottage, the Mansion House
A: Those which belong to the State, without being and the public roads therein (Republic v.
for public use, and are intended for some public NCIP, G.R. No. 208480, 2019).
service or for the development of the national
wealth. (Civil Code, Art. 420) Q: Can a property that is originally of public
dominion become patrimonial?
Examples of properties for public service are the A: Yes, the Civil Code provides that when a
following: property of public dominion is no longer intended
1. Hospitals for public use or for public service, it shall form part
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of the patrimonial property of the State. (Civil

Code, Art. 422) Q: Does an owner have full rights over his/her
property without limitations?
Q: What are the 2 steps required for the A: No, the provision provides for a limitation. An
conversion of a property of public dominion to owner has the right to enjoy and dispose of a thing,
patrimonial property? without other limitations than those established by
A: law. (Civil Code, Art. 428)
1. There must be a declaration or a positive act
from the government that declares that the Q: What is the Doctrine of Self-Help?
property is no longer intended for public use or A: The owner or lawful possessor of a thing may
it is being withdrawn from public use. use force which is reasonably necessary to repel
2. A positive governmental act that the property is or prevent an actual or threatened unlawful
alienable and disposable such as a presidential physical invasion or usurpation of his property.
proclamation or an executive order; an (Civil Code, Art. 429)
administrative action; investigation reports of
Bureau of Lands investigators; and a legislative Q: What are the limitations to the doctrine of
act or a statute. (Heirs of Malabanan v. self-help?
Republic, G.R. No. 179987, April 29, 2009) A: The owner or lawful possessor may only:
1. Use such force as may be reasonably
EXCEPTIONS TO THE 2-STEP PROCESS necessary to repel or prevent an actual or
ABOVE: threatened unlawful physical invasion or
1. When the government agency is an end-user usurpation of his property; and
agency. If the land was transferred to an end- 2. Exercise such right only at the time of actual or
user agency that land becomes patrimonial threatened dispossession or immediately after
property of the State without the need to do the dispossession to regain possession of his
the 2-step process. property (German Management & Services,
2. When the land is made part of a Build- Inc. v. Court of Appeals, G.R. No. 76216, 1989)
Operate-Transfer (BOT) Law (Chavez v.
NHA, G.R. No. 164527, August 15, 2007) Q: What are the remedies of a person deprived
of possession of real property?
b. OWNERSHIP A:
1. An action for unlawful detainer;
Q: What is ownership? 2. A suit for forcible entry
A: It is the independent and general right of a 3. Accion Publiciana
person to the exclusive enjoyment and control of a 4. Accion Reivindicatoria (Eversley Childs
thing in his possession, enjoyment, disposition, Sanitarium vs. Spouses Barbarona, GR
and recovery, subject to the restrictions or 195814, April 4, 2018)
limitations established by law and the rights of
others (Civil Code, Art. 427-428). Q: What are the two summary ejectments and
explain them?
Q: Ownership may be exercised over what? A: There are two kinds of actions that fall under
A: Ownership may be exercised over things or summary ejectment, namely:
rights. (Civil Code, Art. 427) 1. Forcible Entry; and
2. Unlawful Detainer
Q: Is ownership equivalent to a certificate of
title? Forcible entry is the act of depriving a person of
A: No, Ownership is different from a certificate of the material or actual possession of a land or
title. Registration is not the equivalent of title, but building or of taking possession thereof by force,
is only the best evidence thereof. Title as a intimidation, threat, strategy or stealth, against the
concept of ownership should not be confused with will or without the consent of the possessor.
the certificate of title as evidence of such
ownership although both are interchangeable. Unlawful detainer is the act of unlawfully
(Alde v. Bernal et. al., G.R. No. 169336, March 18, withholding the possession of a land or building
2010) against or from a landlord, vendor, vendee or other
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persons, after the expiration or termination of the Q: May a land be half agricultural and half
detainer’s right to hold possession by virtue of a mineral?
contract, express or implied. (PLDT v. Citi- A: No, the rights over the land are indivisible and
Appliances et. al., G.R. 214546, October 9, 2019) that the land itself cannot be half agricultural and
half mineral. The classification must be
Q: When is there a disputable presumption of categorical; the land must either be completely
ownership? mineral or completely agricultural. (Republic v. CA,
A: Actual possession under claim of ownership G.R. No. L-43938, April 15, 1988)
raises a disputable presumption of ownership. The
true owner must resort to judicial process for the Q: What are the requirements for hidden
recovery of the property (Civil Code, Art. 433) treasures?
A:
Q: In order to successfully maintain an action 1. Hidden
to recover the ownership of real and personal 2. Unknown
properties, what are the 2 things that must be 3. Lawful ownership does not appear. (Civil
proved by the plaintiff? Code, Art. 439)
A: In order to successfully maintain an action to
recover the ownership of real and personal Q: What objects do hidden treasures include?
properties, the person who claims of having a A:
better right to it must prove two things: 1. Deposit of money
1. The identity of the property claimed; and 2. Jewelry
2. His title (Civil Code, Art. 434) 3. Other precious objects (Civil Code, Art.
439)
Q: In general, when you are not paid and there
is a taking for public purpose, what is your Q: What are the rules when it comes to hidden
remedy? treasures?
A: A:
GENERAL RULE: The property will still be 1. If the treasure is found by the owner in his
deemed expropriated by the State and the remedy or her own property, the treasure will
of the previous owner is just to get paid belong to him alone
2. If a person not the property owner finds it
EXCEPTION: Remedy of restoration of the in the property of another, the State or any
property to the owner. Recovery of possession of its subdivisions → ½ to the finder + ½
may be had when property has been wrongfully to owner of the property
taken or is wrongfully retained by one claiming to
act under the power of eminent domain or where a (Note: it must have been found by
rightful entry is made and the party condemning chance)
refuses to pay the compensation which has been
assessed or agreed upon; or fails or refuse to have 3. If NOT by chance aka deliberate
the compensation assessed and paid. (Republic undertaking to look for the treasure →
v. Vicente Lim, G.R. No. 161656, June 29, 2005) sharing will be on the basis of the
agreement of the owner and the finder.
Q: Are an owner’s rights over a piece of land UNLESS either of them waives his/her
divisible? right over the treasure.
A: No, the rights over lands are indivisible. The
owner of the parcel of land has rights not only to If no agreement as to the sharing → finder
the surface, but also to everything underneath and shall be entitled only for his efforts on a
the airspace above it up to a reasonable height. quantum meruit (amount that he
(PLDT v. Citi-Appliances et. al., G.R. 214546, deserves) basis UNLESS finder waives
October 9, 2019) his compensation (Civil Code, Art. 438).
4. If the finder is a TRESPASSER, he shall

not be entitled to any share of the treasure
(Civil Code, Art. 438).
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Q: What is the definition of "by chance"? Q: What are the kinds of co-ownership?
A: There are 2 schools of thought regarding “by A: The kinds of ownership are:
chance”: 1. Ordinary - right of partition exists
1. According to Spanish commentators this 2. Compulsory - no right of partition exists
means that there must be no purpose or (party wall)
intent to look for the treasure; 3. Legal - created by law
2. The phrase “by chance” was intended by 4. Singular/Particular - over particular/
the Code Commission to mean “by good specific thing
luck”, implying that one who intentionally 5. Incidental - exists independently of the will
looks for the treasure is embraced in the of the parties
provision. Meaning, Even if there is a 6. Universal - over universal things (co-heirs)
deliberate search, still “by chance” since 7. Contractual - created by contract
there is uncertainity of finding a treasure
(Paras, Book II Property, Ownership and Q: What are the rights of co-owners?
its Modifications, p. 196) A: The rights of co-owners are:
1. Ownership over the whole property
Q: What are the rules if the thing is found to be 2. Sale or Alienation
“of interest to science or the arts “? 3. Benefits / Fruits / Interest / Income
A: The State may acquire them at a just price to 4. Use or Possession
be divided in accordance with Art. 438, in which: 5. Management or Administration
1. When the finder is the owner of the
property then the owner will get all the Q: How is the right of sale or alienation
price. exercised?
2. If a 3rd party found it then ½ goes to the A:
finder and ½ goes to the owner. But if 1. Individual Interest
there is an agreement between the finder Right to alienate, assign or mortgage own part;
and the owner then the agreement of the except personal rights like right to use and
parties will govern. (Civil Code, Art. 438) habitation
c. CO-OWNERSHIP A co-owner cannot give valid consent to another

to build a house on co-owned property as such an
Q: What is co-ownership? act would be tantamount to making an alteration in
A: It is a form of ownership, which exists whenever the thing owned in common. Entry into the land
an undivided thing or right belongs to different without the knowledge of the other co-owners can
persons (Civil Code, Art. 484) be categorized as possession by stealth and W’s
act of getting only the consent of one co-owner can
Q: What are the elements of co-ownership? be considered as “strategy.” Thus, it would be a
(PUI) case of forcible entry. (Cruz v. Catapang, GR No.
A: 164110, 2008)
1. Plurality of subjects - many owners
2. Object of ownership must be Undivided 2. Entire Property
3. Recognition of Ideal shares; no one is an Any co-owner may file an action under Article 487
owner of a specific portion of the property not only against a third person but also against
until it is partitioned another co-owner who takes exclusive possession
and asserts exclusive ownership of the property.
Q: How is co-ownership created? (De Guia vs. CA, GR No. 120864, 2003)
A: It is created by:
1. Law A co-owner can sell an undivided part of the
2. Contracts property co-owned but its validity is limited to his
3. Succession share. Hence, there is no need for consent of the
4. Fortuitous event/chance (i.e., commixtion) other co-owners as to said sale. (Arambulo v.
5. Occupancy (i.e., two persons catch a wild Nolasco, GR No. 189420, 2014) Same rule applies
animal) in a mortgage by a co-owner of his share. (Rural
6. Donation
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Bank of Cabadbaran v. Nulecio-Yap, GR No.

178451, 2014) 4. Prescription
Q: What are the requisites of repudiation? General Rule: A co-owner cannot acquire the
A: whole property as against the other co-owners by
1. Unequivocal acts of repudiation of the co- acquisitive prescription. (Civil Code, Art. 494)
ownership amounting to an ouster of the
other co-owners; Exception: When there is valid repudiation –
2. Positive acts of repudiation have been prescription shall start from such repudiation.
made known; (Paras, supra, p. 365)
3. Evidence is clear and conclusive;
4. Open, continuous, exclusive, notorious Exception to the Exception: In constructive
possession (Santos v. Heirs of trusts, prescription does not run. (Jacinto v.
Crisostomo, 41 Phil. 342, 1921). Jacinto, L-17955, L-17957, 1962) (Paras, supra, p.
366)
3. Right of Redemption
Right to be adjudicated thing (subject to right of A co-owner cannot sell the property without the
others to be indemnified) other co-owners’ consent; otherwise, the selling
co-owner’s share shall be the only one valid.
Right to share in proceeds of sale of thing if thing (Paulmitan v. CA, GR No. 61584, 1992)
is indivisible and they cannot agree that it be
allotted to one of them While the husband is the recognized administrator
of the conjugal property under the Civil Code,
Note: To be exercised within 30 days from written there are instances when the wife may assume
notice of sale of undivided share of another co- administrative powers or ask for the separation of
owner to a stranger. property. Where the husband is absent and
incapable of administering the conjugal property,
Redemption of the whole property by a co-owner the wife must be expressly authorized by the
does not vest in him sole ownership over said husband or seek judicial authority to assume
property. Redemption within the period prescribed powers of administration. Thus, any transaction
by law by a co-owner will inure to the benefit of all entered by the wife without the court or the
co-owners. Hence, it will not put an end to existing husband’s authority is unenforceable. Being an
co-ownership. (Mariano v. CA, GR No. L-51283, unenforceable contract, the 2nd Contract is
1989) susceptible to ratification. The husband continued
remitting payments for the satisfaction of the
Co-owners have the right to alienate their pro obligation under the questioned contract. These
indiviso shares even without the knowledge or acts constitute ratification of the contract.
consent of another co-owner as long as the (Fabrigas v. San Francisco, GR No. 152346,
alienation covers only their shares interests in the 2005)
common property. Under the Civil Code, each co-
owner “shall have the full ownership of his party Q: What are the rules on the right to the
and may therefore alienate it.” The effect, Benefits / Fruits / Interest / Income?
however, of the alienation with respect to the co- A:
owners shall be limited only to the portion which 1. Right to benefits proportional to respective
may be allotted to him in the division upon the interest
termination of the co-ownership. (Tabasondra v. 2. Stipulation to the contrary is void
Constantino, GR No. 196403, 2016) 3. Right to full ownership of his part and fruits
A co-owner has no right to sell or alienate a
concrete, specific or determinate part of the thing Q: What are the elements of the right to use or
owned in common, because his right over the thing possession?
is represented by quota or ideal portion without A:
any physical adjudication. (Cabrera v. Ysaac G.R. 1. Right to use thing co-owned
No. 166790, 2014) 2. For purpose for which it is intended
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3. Without prejudice to interest of ownership 3. When partition is prohibited by Law. (Civil

4. Without preventing other co-owners from Code, Art. 494)
making use thereof. (Civil Code, 486) 4. When a physical partition would render
the property Unserviceable, but in this
Q: What are the rights available in the case, the property may be allotted to one
management or administration of property? of the co-owners, who shall indemnify the
A: others, or it will be sold, and the proceeds
1. Right to change purpose of co-ownership distributed. (Civil Code, Art. 495)
by agreement. (Civil Code, Art. 486) 5. When the legal Nature of the common
2. Right to bring action in ejectment in behalf property does not allow partition.
of other co-owner. (Civil Code, Art. 487)
3. Right to compel co-owners to contribute to Q: What are the obligations of co-owners?
necessary expenses for preservation of A:
thing and taxes. (Civil Code, Art. 488) 1. Share in charges proportional to
4. Right to exempt himself from obligation of respective interest; stipulation to contrary
paying necessary expenses and taxes by is void. (Civil Code, Art. 485)
renouncing his share in the pro indiviso 2. Pay necessary expenses and taxes – may
interest; but can’t be made if prejudicial to be exercised by only one co-owner. (Civil
co- ownership. (Civil Code, Art. 488) Code, Art. 490)
5. Right to make repairs for preservation of 3. Pay useful and luxurious expenses – if
things; can be made at will of one co- determined by majority
owner; receive reimbursement therefrom; 4. Duty to obtain consent of all if thing is to
notice of necessity of such repairs must be be altered even if beneficial; resort to court
given to co- owners, if practicable. (Civil if non-consent is manifestly prejudicial.
Code, Art. 489) (Civil Code, Art. 491)
6. Right to ask for partition anytime. (Civil 5. Duty to obtain consent of majority with
Code, Art. 494) regard to administration and better
7. Right of preemption enjoyment of the thing; majority means
majority in the interest not in the number
Q: How is co-ownership terminated? of co-owners; court intervention if
A: Co-ownership may be terminated through prejudicial – appointment of administrator.
partition. (Civil Code, Art. 492)
6. No prescription to run in favor co-owner as
Q: What is the rule on partition? long as he recognizes the co-ownership;
A: Generally, partition is demandable anytime. (Civil Code, Art. 494)
7. Co-owners cannot ask for physical
No co-owner shall be obliged to remain in the co- division if it would render thing
ownership. Each co-owner may at any time unserviceable; but can terminate co-
demand the partition of the thing owned in ownership. (Civil Code, Art. 495)
common, insofar as his share is concerned. (Art. 8. After partition, duty to render mutual
494) accounting of benefits and
reimbursements for expenses. (Civil
Q: What are the instances when partition Code, Art. 500)
cannot be demanded? (ADLUN) 9. Each co-owner has full ownership of his
A: A co-owner may not successfully demand a part and of the fruits and benefits
partition: pertaining thereto, and he may alienate,
1. If by Agreement (for a period not assign or mortgage the portion which may
exceeding 10 years, renewable) partition be allotted to him upon the termination of
is prohibited. (Civil Code, Art. 494) the co- ownership. It appears that while
2. When partition is prohibited by a Donor or there is a single certificate of title, the
testator (for a period not exceeding 20 three lots are distinguishable from each
years) – from whom the property came. other. (Civil Code, Art. 493)
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Q: What are the rights of third parties?

1. Creditors of assignees may take part in There is NO intervention of human
division and object if being effected beings.
without their concurrence, but cannot
impugn unless there is fraud or made They grow in their raw and
notwithstanding their formal opposition. unorganized state not previously
(Civil Code, Art. 497) dedicated to any purpose.
2. Non-intervenors – retain rights of Industrial Examples:
mortgage and servitude and other real Fruits 1. Rice Paddy
rights and personal rights belonging to 2. Mango Orchard
them before partition was made. (Civil 3. Vegetable Plantation
Code, Art. 499)
They are products already WITH
d. RIGHT OF ACCESSION THE INTERVENTION of men.
Q: What is Accession? They have been organized for a

A: Accession is the right of the owner of a thing, purpose by human beings
real or personal, to become the owner of Civil They are:
everything which is produced thereby, or which is Fruits 1. Rents of buildings
incorporated or attached thereto, either naturally 2. The price of leases of
or artificially. (Civil Code, Art. 440). lands and other property
3. The amount of perpetual
Q: What are the classifications of Accession? or life annuities
A: 4. Other similar income
1. Accession Discreta 5. Stock or cash dividends
2. Accession Continua (Sta. Maria, Property, p. 98 discussing Arts. 441
and 442 of the Civil Code)
Q: What is Accession Discreta?
A: It is the extension of the right of ownership of a Q: What are the rules on accession discreta?
person to the products of a thing which belongs to A:
such person. (Paras, Civil Code of the Philippines General Rule: All fruits belong to the owner of a
Annotated Property Articles, 414-773, 211, 2016) thing. (Civil Code, Art. 441)
Q: When does accession discreta take place? Exceptions:

A: It takes place with respect to: 1. Possession in good faith by another; (Civil
a) Natural Fruits – spontaneous products of Code, Art. 554 (1))
the soil and the young of animals. 2. Usufruct; (Civil Code, Art. 566)
b) Industrial Fruits – those produced by lands 3. Lease of rural lands; (Civil Code, Art.
of any kind through cultivation or labor. 1654)
c) Civil Fruits – rent of buildings, the price of 4. Pledge;
lease of lands and other property and the 5. Antichresis. (Civil Code, Art. 2132)
amount of perpetual or life annuities or
other similar income. (Civil Code, Art. 442) Q: What is Accession Continua?
A: Accession Continua is the extension of the right
Q: What are examples of (a) Natural Fruits, (b) of ownership of a person to that which is
Industrial Fruits and (c) Civil Fruits? incorporated or attached to a thing which belongs
A: to such person
Natural Examples:
Fruits 1. Mangoes Q: When does accession continua take place?
2. Apples A: Accession continua may take place:
3. Cabbage 1. With respect to real property
4. Piglets a. Accession industrial;
5. Chicks b. Accession natural
6. Ducklings 2. With respect to personal property
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a. Adjunction or conjunction; or OM may remove materials, provided no

b. Commixtion or confusion; substantial injury to work done.
c. Specification. (Paras, supra, p. 2. If the LO-BPS is in bad faith, he can
209-210) acquire the materials, provided there is full
payment plus damages. The OM, in good
Q: What are the principles governing faith, is entitled to full payment for value of
Accession Industrial? materials plus damages or OM may
A: remove materials even if there is
1. Accessory follows the principal. substantial injury to work done, plus
2. The incorporation or union must be damages
intimate that removal or separation cannot 3. If the LO-BPS is in good faith, he can
be effected without substantial injury to acquire the materials without paying for
either or both. the value thereof and will be entitled to
3. Good faith exonerates a person from damages due to defects or inferior quality
punitive liability but bad faith may give rise of materials. The OM in bad faith loses
to dire consequences. materials without indemnity and will be
4. Bad faith of one party neutralizes the bad liable for damages due to defects or
faith of the other. inferior quality of materials
5. No one should enrich himself at the 4. If both are in bad faith, LO-BPS can
expense of another (Paras, supra, p. 221) acquire the materials provided there is full
payment. The OM, in bad faith, is entitled
Q: What are the disputable presumptions as to to full payment for value of materials or
improvements on land? OM may remove materials, provided no
A: substantial injury to work done.
1. Works are made by the owner
2. Works are made at the owner’s expense Q: What is the exception to the rule on builders
(Civil Code, Art. 446) that possession as mere holder?
A: Rule does not apply where the builder, knowing
Q: What is planting? that the land is not his, does not claim ownership
A: Planting pertains to a perennial fact. Something over the land but possesses it as mere Holder,
that will grow and produce fruits year after year agent, usufructuary or tenant. (Paras, supra, p.
without having to be replanted. (Paras, supra, p. 243)
220-221)
Q: What is the exception to the exception
A planter may be required to buy the land. indicated above?
A:
Q: What is sowing? 1. Tenant whose lease is about to expire, but
A: Sowing pertains to an annual crop. Something still sows, not knowing that the crops will
that will grow and produce fruits and then you plant no longer belong to him.
again before it will produce fruits again. (Paras, 2. A person constructs a building on his own
supra, p. 221) land, and then sells the land but not the
building to another.
A sower may be required to pay rent. a. No question of good faith or bad
faith on the part of the builder can
Q: Under Article 455 of the Civil Code, what are be compelled to remove the
the rules regarding the constructions / building;
plantings by the landowner / builder / planter / b. New owner will not be required to
sower (LO-BPS) with the materials of another pay any indemnity for the building
(OM)? (Golengco v. Regalado, 48 O.G.
A: 5282)
1. If in good faith, the LO-BPS can acquire 3. Builder is a belligerent occupant (Republic
the materials, provided there is full v. Lara, 50 O.G. 5282)
payment. The OM, in good faith, is entitled 4. Builder, etc. is a co-owner even if later on,
to the full payment for value of materials during the partition, the portion of land
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used is awarded to another co-owner;

(Viuda de Arias v. Aguilar, 40 O.G., 1941)
Q: When does the rule apply?

A: For the rule to apply, the construction must be
of a permanent character, attached to the soil with
an idea of perpetuity.
If it is of a transitory character or is transferable,

there is no accession, and the builder must
remove the construction. (Alviola v. CA, GR No.
117642, 1998)
Q: What is the effect of a promise by the

landowner to donate the property to the
builder?
A: A mere promise by the landowner to donate the
property to the builder cannot convert the latter
into a builder in good faith. If at all, he is a mere
possessor by tolerance. A person whose
occupation of realty is by tolerance of its owners is
a not possessor in good faith. Hence, he is not
entitled to the value of the improvements built
thereon. (Verona Pada-Kilario v. CA, GR No.
134329, 2000)
Q: What is the rule when the landowner sells

the land to a third person who is in bad faith?
A: Builder must go against the third person. When
the third person has paid the landowner, the
builder may still file a case against the third
person.
The third person may file a third party complaint

against the landowner.
Q: What are the rules when BUILDER / PLANTER / SOWER (BPS) builds, plants, sows on the land
of another landowner?
A:
LANDOWNER (LO) BUILDER / PLANTER / SOWER (BPS)
A. GOOD FAITH
Option 1: To receive indemnity for necessary, useful and luxurious

To purchase whatever has been built, planted or sown expenses (if the LO wants to appropriate the luxurious
after paying indemnity which includes necessary improvements) with right of retention over the land
expenses, useful expenses and luxurious expenses (if without obligation to pay rent until full payment of
the LO wants to appropriate the luxurious indemnity.
improvements).
To remove useful improvements provided it does not
cause any injury (this is part of right of retention).
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If LO does not appropriate luxurious improvements, BPS

can remove the same provided there is no injury to the
principal thing (land or building).
Option 2: To purchase land at fair market value when value is not

To oblige the BP to buy the land or the S to pay the proper considerably more than that of the building or trees.
rent unless the value of the land is considerably more
than that of the building or trees. If BPS cannot pay purchase price of land, LO can require
BPS to remove whatever has been built, planted or sown.
If the value of land is considerably more than that of the

building or trees, BPS cannot be compelled to buy the
land. In such case, BPS will pay reasonable rent if LO
does not choose Option 1.
If BPS cannot pay the rent, LO can eject BPS from the
land.
B. GOOD FAITH BAD FAITH
Option 1: Loses whatever has been built, planted or sown without

To acquire whatever has been built, planted or sown indemnity and liable to pay damages.
without paying indemnity except necessary expenses for
preservation of land and luxurious expenses (should LO Entitled to reimbursement for necessary expenses for
want to acquire luxurious improvements) plus damages. preservation of land but no right of retention.
Entitled to reimbursement for useful expenses but cannot

remove useful improvements even if removal will not
cause injury.
Not entitled to reimbursement for luxurious expenses

except when LO wants to acquire luxurious
improvements (value of which will be the one at the time
LO enters into possession).
Entitled to remove luxurious improvements if it will not

cause injury and LO does not want to acquire them.
Option 2: Obliged to pay for land or proper rent and pay damages.
To oblige BP to buy land or S to pay proper rent plus
damages.
Option 3: Obliged to remove or demolish work done at his expense

To compel BPS to remove or demolish work done plus and pay damages.
damages.
C. BAD FAITH GOOD FAITH
To acquire whatever has been built, planted or sown by If LO acquires whatever has been built, planted or sown,
paying indemnity plus damages. BPS must be indemnified the value thereof plus
damages.
(If LO does not acquire whatever has been built, planted

or sown, BPS cannot insist on purchasing land).
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BPS can remove whatever has been built, planted or

sown regardless of whether or not it will cause injury and
will be entitled to damages
D. BAD FAITH BAD FAITH
Same as A Same as A
Q: What are the rules if there are three parties (landowner, builder/planter/sower, owner of
materials) involved?
A:
LANDOWNER BUILDER /PLANTER/ SOWER OWNER OF MATERIALS
(LO) (BPS) (OM)
A. GOOD FAITH
Option 1: To receive indemnity from LO with To receive indemnity from BPS who
To acquire whatever has been built, right of retention over land until full is primarily liable for materials; if BPS
planted or sown provided there is payment. is insolvent, to proceed against LO
payment of indemnity (which who is subsidiarily liable with no right
includes value of what has been built, of retention.
planted or sown plus value of
materials used).
Option 2: To buy land or to pay proper rent. To receive indemnity from BPS only
To oblige BP to buy land or S to pay (LO is not subsidiarily liable) with
proper rent unless value of land is right of retention until full payment.
considerably more than that of
building or trees. or
To remove materials if there will be

no injury on building or trees and will
have material rent lien against BPS
for payment of value of materials.
B. GOOD FAITH GOOD FAITH BAD FAITH
Same as A Same as A Whatever is the choice of LO, the

OM:
1. loses the materials in favor of
BPS, and
2. will have no right to receive
indemnity from BPS nor LO.
C. GOOD FAITH BAD FAITH BAD FAITH
Option 1: BPS loses what has been built (Since both BPS and OM are in bad
To acquire whatever has been built, planted or sown plus liable for faith, treat them both as if they are in
planted or sown without paying damages but is entitled to be good faith).
indemnity except necessary indemnified for necessary expenses
expenses for preservation of land and luxurious expenses (should LO Whatever is the choice of LO, OM
and luxurious expenses (should LO want to acquire luxurious has right to receive indemnity for
want to acquire luxurious improvements) and has no right of value of materials from BPS only (LO
improvements) plus damages. has no subsidiary liability for value of
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LANDOWNER BUILDER /PLANTER/ SOWER OWNER OF MATERIALS

(LO) (BPS) (OM)
removal even if removal will not materials because OM is considered

cause damage. in good faith only insofar as BPS is
concerned).
Option 2: To buy the land or pay proper rent If LO chooses Option 1, OM has no
To oblige BP to buy the land or S to and liable to pay damages to LO right to remove materials even if
pay proper rent plus damages. there will be no injury or damage.
If LO chooses Option 2, OM has right

of removal, provided there will be no
injury or damage.
Option 3: To demolish or remove what has Liable to pay for damages due to
To oblige BPS to demolish or remove been built, planted or sowed and defects or inferior quality of
what has been built, planted or liable for damages. materials.
sowed plus damages.
D. BAD FAITH GOOD FAITH GOOD FAITH
To acquire what has been built, To receive indemnity from LO plus To receive indemnity for value of
planted or sown by paying indemnity damages. materials principally from BPS and in
plus liable to pay damages. case BPS is insolvent, subsidiarily
from LO.
E. BAD FAITH GOOD FAITH BAD FAITH
Same as D Same as D No right to receive indemnity for

value of materials from BPS nor LO
(who ends up owning buildings or
trees).
Q: Can a lessee be a builder in good faith? Even if the lessor promised to sell, it would not
A: A lessee cannot be a builder in good faith. He make the lessee possessor or builder in good faith
is estopped to deny his landlord’s title, or to assert so as to be covered by the provisions of Art. 448
a better title not only in himself, but also in some of the Civil Code, if he improves the land. The latter
third person while he remains in possession of the cannot raise the mere expectancy of ownership of
leased premises and until he surrenders the land because the alleged promise to sell was
possession to the landlord. (Munar v. CA, GR No. not fulfilled nor its existence even proven. (Jurado,
100740, 1994); (Frederico Geminiano, et al. v. CA, Civil Law Reviewer, 2008)
et al., GR No. 120303, 1996)
Q: Who has the right of choice or right to
Estoppel applies even if the lessor had no title at choose the option between the land owner and
the time. The relation of lessor and lessee was the builder in good faith?
created and may be asserted not only by the A: The choice belongs to the land owner. This is a
original lessor, but also by those who succeed to rule that accords with the principle of accession
his title. As lessees, they knew that their that the accessory follows the principal and not the
occupation of the premises would continue only for other way around (Briones v. Macabagdal, GR No.
the life of the lease. They cannot be considered as 150666, 2010)
possessors nor builders in good faith. (Racaza v.
Susan Realty, Inc., GR No. L- 20330, 1966); (Vda. Note: Even as the option lies with the landowner,
De Bacaling v. Laguna, GR No. L-26694, 1973); the grant to him, nevertheless, is preclusive. He
(Santos v. CA, 221 SCRA 42, 1993) must choose one.[16] He cannot, for instance,
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compel the owner of the building to remove the Q: What are the rules when there is a contract
building from the land without first exercising either of lease?
option. It is only if the owner chooses to sell his A: A lessee is neither a builder in good faith nor in
land, and the builder or planter fails to purchase it bad faith that would call for the application of
where its value is not more than the value of the Articles 448 and 546 of the Civil Code. His rights
improvements, that the owner may remove the are governed by Article 1678 of the Civil Code
improvements from the land. The owner is entitled which reads:
to such remotion only when, after having chosen
to sell his land, the other party fails to pay for the “Art. 1678. If the lessee makes, in good faith,
same. (Briones v. Macabagdal, GR No. 150666, useful improvements which are suitable to the
2010) use for which the lease is intended, without
altering the form or substance of the property
Q: What are the options of the landowner if a leased, the lessor upon the termination of the
building has been built on his land in good lease shall pay the lessee one-half of the value
faith? of the improvements at that time. Should the
A: The owner of the land on which a building has lessor refuse to reimburse said amount, the
been built in good faith by another has the option lessee may remove the improvements, even
to buy the building or sell his land to the builder, he though the principal thing may suffer damage
cannot refuse to exercise either option. (Sarmiento thereby. He shall not, however, cause any
v. Agana, GR No. L-57288, 1984) more impairment upon the property leased
than is necessary.”
Q: How do you determine if the land owner,
builder/planter/sower, or the owner of the With regard to ornamental expenses, the lessee
materials are in good faith? shall not be entitled to any reimbursement, but he
A: One is considered in good faith if he is not may remove the ornamental objects, provided no
aware that there exists in his title or mode of damage is caused to the principal thing, and the
acquisition any flaw which invalidates it. It implies lessor does not choose to retain them by paying
honesty of intention, and freedom from knowledge their value at the time the lease is extinguished.
of circumstances which ought to put the holder
upon inquiry. Specifically, honesty belief in the Under Article 1678, the lessor has the option of
validity of one's right, ignorance of a superior claim paying one-half of the value of the improvements
and absence of intention to overreach another which the lessee made in good faith, which are
(Arangote v. Maglunob, G.R. No. 178906, 2009). suitable for the use for which the lease is intended,
and which have not altered the form and
Q: How does one be deemed a builder in good substance of the land. On the other hand, the
faith? lessee may remove the improvements should the
A: It is essential that a person asserts title to the lessor refuse to reimburse. (Sulo ng Nayon v.
land on which he builds, i.e., that he be a Nayong Pilipino, G.R. No. 170923, 2009)
possessor in the concept of owner, and that he be
unaware that there exists in his title or mode of Q: What are the principal forms of accession
acquisition any flaw which invalidates it. natural?
A: The principal forms are:
To illustrate, when X from the very beginning know 1. Alluvium (Civil Code, Art. 457)
that he is dealing with a person who possibly had 2. Avulsion (Civil Code, Art. 459)
no authority to sell the subject property 3. Change of course of rivers (Civil Code,
considering that there is palpable irregularity in the Arts. 461-462)
SPA’s acknowledgement, yet he relied on the SPA 4. Formation of islands (Civil Code, Art. 464-
without any further investigation on the seller’s 465)
capacity to sell and X proceeded with its purchase
and built a house thereon. In such case, X is Q: What is Alluvium?
considered a builder in bad faith as he was aware A: Alluvium is the accretion which the banks of
of a flaw or defect in his title or mode of acquisition rivers gradually receive from the effects of the
(The Heirs of Sarili v. Lagrosa, G.R. No. 193517, current of the waters and which belong to the
2014).
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owners of lands adjoining the said banks. (Art. Q: Do the rules on alluvion apply to man-made
457) accretions?
A: The rules on alluvion do not apply to man-made
Q: What is Accretion? or artificial accretions to lands that adjoin canals or
A: Accretion is the act or process by which a esteros or artificial drainage system. (Ronquillo v.
riparian land gradually and imperceptibly receives CA, GR No. L-43346, 1991)
addition made by the water to which the land is
contiguous. (Paras, supra, p. 265) Q: When are lands by accretion and alluvium
for part of the public domain?
Q: What are the essential elements of A: Lands added to the shores by accretions and
Alluvium? alluvium deposits caused by the action of the sea,
A: form part of the public domain. When they are no
1. Deposit or accumulation of soil or longer washed by the waters of the sea, and are
sediment must be Gradual and not necessary for the purposes of public utility, or
imperceptible. (Civil Code, Art. 457) for the establishment of special industries, or for
2. Accretion results from the effects or action the coastguard service, the Government shall
of the Current of the waters of the river. declare them to be the property of the owners of
(Gov’t of the Phils. v. Cabangis, 53 Phil. the estates adjacent thereto and as an increment
112, 1929) thereof.” (Lanzar v. Dir. Of Lands, GR No. L-
3. The land where accretion takes place 31934, 1977)
must be Adjacent to the bank of a river.
(Civil Code, Art. 457) Q: What is avulsion?
A: Avulsion refers to accretion which takes place
Q: Are both ownership and registration of when the current of a river, creek, or torrent
alluvium automatic? segregates from an estate on its bank a known
A: No, only ownership is automatic. Alluvial portion and transfers it to another estate, in which
deposits along the banks of a creek do NOT form case, the owner of the estate to which the
part of the public domain as the alluvial property segregated portion belonged, retain the ownership
automatically belongs to the owner of the estate to thereof. (Civil Code, Art. 459)
which it may have been added. The only restriction
provided for by law is that the owner of the Q: What are the essential elements of
adjoining property must register the same under avulsion?
the Torrens system; otherwise, the alluvial A:
property may be subject to acquisition through 1. Segregation and transfer must be caused
prescription by third persons. (Office of the City by the Current of a river, creek or torrent.
Mayor of Paranaque City v. Ebio et. al., G.R. No. (Civil Code, Art. 459)
178411, 2010) 2. Segregation and transfer must be Sudden
or abrupt. (Canas v. Tuason, 5 Phil. 688,
Q: What is the effect of registration? 1929)
A: Registration under the Torrens System does 3. The portion of land transported must be
not protect the riparian owner against the Known or identifiable. (Civil Code, Art.
diminution of the area of his registered land 459)
through gradual changes in the course of an
adjoining stream. (Viajar v. CA, GR No. 77294, Q: What is the period for the original owner in
1998) avulsion to retain or keep ownership over the
known and identifiable chunk of land?
Failure to register the acquired alluvial deposit by A: The owner must of the segregated portion must
accretion for 50 years subjected said accretion to make the removal within 2 years from the
acquisition through prescription by third persons. attachment to another land; otherwise, the non-
(Reynante v. CA, GR No. 95907,1992) removal will mean adjudication to the owner of the
property to which the portion was attached. (Civil
Code, Art. 459)
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Q: What are the rules regarding Uprooted A: Islands, which may be formed:
Trees? 1. On the seas within the jurisdiction of the
A: Philippines
1. If the owners do not claim within 6 months, 2. On lakes; and
the uprooted trees shall belong to the 3. On navigable or floatable rivers (Civil
owner of the land upon which the trees Code, Art. 464)
may be cast (Civil Code, Art. 460)
2. If the owners claim within 6 months, Q: What are rules regarding islands formed in
owners shall pay the expenses incurred in non-navigable or non-floatable rivers:
gathering them or putting them in a safe A:
place (Civil Code, Art. 460) 1. Belong to the owners of the margins or
banks of the river nearest to each of them
Q: What are the elements when it comes to the 2. If in the middle of the river, divided
change of course of a riverbed? longitudinally in halves (Civil Code, Art.
A: 465)
1. The old course of the creek;
2. The new course of the creek; and Q: What is the effect of the riverbeds that have
3. The change of course of the creek from dried up?
the old location to the new location by A: Riverbeds that dry up continue to belong to the
natural occurrence. (Civil Code, Art. 461) State as its property of public dominion, unless
there is an express law that provides that the
Q: What are the rights of the owner of the land dried-up riverbeds should belong to some other
occupied by new river course? person. (Republic vs. Santos III, GR No. 160453,
A: 2012)
1. Right to old bed ipso facto in proportion to
area lost Q: What is adjunction or conjunction?
2. Owner of the adjoining land to old bed: A: Adjunction or conjunction is the process
right to acquire the same by paying its whereby two (2) movable things owned by
value (Civil Code, Art. 461) different persons are joined together without bad
faith, in such a way that they form a single object.
Q: What are new riverbanks? (Civil Code, Art. 466)
A: Whenever a river, changing its course by
natural causes, opens a new bed through a private Q: What are the requisites of adjunction or
estate, this bed shall become of public dominion. conjunction?
(Civil Code, Art. 462) A:
1. The two things belong to Different owners.
New riverbed may itself be abandoned, due to 2. They form a Single object.
natural or artificial causes authorized by law. 3. They are Inseparable; that their
separation would impair their nature or
Owners will get back this previous property if the result in substantial injury to either
course of the river reverts to its original place. component. (Paras, supra, p. 265)
(Sanchez v. Pascual, 11 Phil. 395, 1969)
Q: What are the classes of adjunction or
Q: Instead of changing its course, the river conjunction?
divides itself into branches. What is the A:
applicable rule? 1. Inclusion (engraftment)
A: Art. 463 applies which states that whenever the 2. Soldadura (soldering)
current of a river divides itself into branches, a. Feruminatio – same metal
leaving a piece of land or part thereof isolated, the b. Plumbatura – different metal
owner of the land retains his ownership. He also 3. Tejido (weaving)
retains it if a portion of land is separated from the 4. Escritura (writing)
estate by the current. (Civil Code, Art. 463) 5. Pintura (painting) (Paras, supra, p. 291)
Q: What are the islands belonging to the State?
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Q: What is the rule on the principal and

accessory?
A: As a general rule, the owner of the principal
thing acquires the accessory, indemnifying the
former owner for its value. (Civil Code, Art. 466)
Q: How is the principal determined?

A: The test to determine the principal is that the
principal thing is deemed to be that to which the
other has been united as an ornament, or for its
use or perfection. (Civil Code, Art. 467.)
Q: What shall govern if the principal cannot be

determined?
A: If it cannot be determined: (Rule of Importance
and Purpose)
1. Greater value = If they are of unequal
value
2. Greater volume = If they are of equal value
3. Greater merits. (Civil Code, Art. 467 &
468)
Q: When is separation allowed?

A:
1. Separation without injury (Civil Code,
Art.469)
2. Separation with injury – accessory is
much more precious than the principal;
the owner of the former may demand its
separation even though the principal may
suffer injury. (Civil Code, Art.469)
3. Owner of principal in bad faith. (Civil
Code, Art.470 (2))
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Q: What are the rules as to ownership?

A:
OWNER OF PRINCIPAL (OP) OWNER OF ACCESSORY (OA)
GOOD FAITH / BAD FAITH GOOD FAITH
Acquires the accessory May demand reparation – If no injury will be caused

• indemnifies the former owner for its value
If value of accessory is greater than principal (even
if damages will be caused to principal) -- expenses
is to the one who caused the conjunction
GOOD FAITH BAD FAITH
• Owns the accessory • Loses the thing incorporated

• Right to damages • Indemnify the OP for the damages OP may
have suffered
BAD FAITH GOOD FAITH
Pay OA value of accessory or principal and Right to choose between:

accessory be separated PLUS • OP paying him its value or
• That the thing belonging to him be
Liability for damages separated even though it be necessary to
destroy the principal thing
Q: What are the kinds of mixtures? b. Liable for damages.

A:
1. Commixtion, which is the mixture of solids Q: What is specification?
a. Ex.: A volume of grain stored in an A: Specification refers to the imparting of a new
elevator which is made up of form to the material belonging to another; or the
contribution from different owners. making of the material of another into a thing of a
2. Confusion, which is the mixture of liquids different kind. (Civil Code, Art. 474)
a. Ex.: A volume of oil stored in a tank
which is made up of contribution from Q: In specification, what is the principal and
different owners. what is the accessory? And what are the rules?
A: The rule is that the accessory follows the
Q: What are the rules regarding commixtion or principal, with labor being considered the principal
confusion? and the materials as the accessory.
A:
1. Mixture by the will of the owners GENERAL RULE EXCEPTIONS
a. Rights governed by stipulations Principal in GOOD FAITH
b. Without stipulation: each acquires a Worker / principal may If the material is more
right or interest in proportion to the appropriate the new valuable than the new
value of his material. (Paras, supra, p. thing upon thing, the owner of the
297) indemnification for the materials may:
2. Mixture caused by an owner in good faith or materials 1. Appropriate the
by chance new thing but may
a. Each share shall still be in proportion pay for the work; or
to the value of their thing (Santos v. 2. Demand indemnity
Bernabe, 54 Phil. 19, 1929) for the materials
3. Mixture caused by owner in bad faith and damages
a. The actor forfeits his thing;
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GENERAL RULE EXCEPTIONS e.1. POSSESSION

Principal in BAD FAITH
Owner of materials Owner of materials Q: What is possession?
has the option to: cannot appropriate if A: It is the holding of a thing or the enjoyment of a
1. Appropriate the the value of the new right (Civil Code, Art. 523).
new thing without thing is more valuable
paying for labor; for artistic or scientific Q: What is actual possession?
OR reasons. A: Actual possession consists in the manifestation
2. Demand indemnity of acts or dominion of such a nature as a party
for materials and would naturally exercise over his own property
damages (Republic v. Metro Index Realty, G.R. No. 198585,
2012)
Q: When is a maker deemed in good faith?
A: One who, in good faith, employs the material of Q: What is the effect of actual possession
another in order to make a thing of a different kind under claim of ownership?
shall appropriate the thing transformed as his own, A: Actual possession under claim of ownership
indemnifying the owner of the material for its value. raises a disputable presumption of ownership. The
(Civil Code, Art. 474) true owner must resort to judicial proceedings for
the recovery of the property. (Civil Code, Art. 433)
Q: What are the options of the owner when the
material is of greater value than the Q: What is constructive possession?
transformed thing? A: It is the possession and cultivation of a property
A: The owner of the material may: under claim of ownership, provided that the
1. Appropriate the new thing to himself, after property is not in the adverse possession of
paying indemnity for the value of the work; another person (Republic v. Metro Index Realty,
or G.R. No. 198585, 2012).
2. Demand indemnity for the material. (Civil
Code, Art. 474) Q: What are the degrees of possession?
A:
Q: What are the rights of the owner if the maker 1. Mere holding or having without any right
is in bad faith? whatsoever (grammatical degree)
A: The owner of the material shall have the right 2. Possession with juridical title (juridical
to: possession)
1. Appropriate the work to himself, without 3. Possession with just title but not from the
paying anything to the maker; or real owner (real possessory right)
4. Possession with title of dominium, with a
2. Demand of the latter that he indemnify him just title from the owner.
for the value of the material and the
damages he may have suffered. (Civil Q: Distinguish possession in the concept of an
Code, Art. 474) OWNER from possession in the concept of a
HOLDER.
Q: Can the owner of the material appropriate A:
the work?
A: The owner of the material cannot appropriate POSSESSION
the work in case its value, for artistic or scientific In the Concept of an In the Concept of a
reasons, is considerably more than that of the OWNER HOLDER
material. (Civil Code, Art. 474) Possession by the Acknowledges in
owner himself or those another a superior
who claims and acts right which he believes
as an owner to be ownership,
whether his belief is
right or wrong. (e.g.
lessee, depositary,
agent, trustee).
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In the Concept of an In the Concept of a Publishing v. Spouses Santos, G.R. No. 80298,
OWNER HOLDER 1990)
Possession in one’s Possession in the
own name name of another e.2. EASEMENT
Can serve to acquire Cannot ripen into
ownership by ownership by Q: What are easements/servitudes?
prescription acquisitive A: An easement is a real right on another’s
prescription property, corporeal and immovable, whereby the
owner of the latter must refrain from doing or
Q: What are the rules in recovery of personal allowing somebody else to do or something to be
property in case the true owner has lost it or done on his property, for the benefit of another
been unlawfully deprived of it? person or tenement (Civil Code, Art. 613).
A: The possession of movable property acquired
in good faith is equivalent to a title. Nevertheless, An easement is also an encumbrance imposed
one who has lost any movable or has been upon an immovable for the benefit of another
unlawfully deprived thereof, may recover it from immovable belonging to a different owner or for the
the person in possession of the same. benefit of a community, or of one or more persons
to whom encumbered estate does not belong (Civil
If the possessor of a movable lost or which the Code, Art. 613).
owner has been unlawfully deprived, has acquired
it in good faith at a public sale, the owner cannot Q: What are the characteristics of easements?
obtain its return without reimbursing the price paid A: The characteristics of easements are:
therefor. (Civil Code, Art. 559) a. A real right – an action in rem is possible
1. Owner may recover without against the possessor of the servient
reimbursement estate
a. From possessor in bad faith b. Imposable only on another’s property
b. From possessor in good faith—if c. Jus in re aliena – real right that may be
owner has lost or has been alienated although the naked ownership is
unlawfully deprived maintained
2. Owner may recover but should reimburse d. Limitation or encumbrance on the servient
a. If the possessor acquired the estate for another’s benefit
object in good faith at a public e. There is inherence or inseparability from
sale or auction the estate to which it belongs
3. Owner cannot recover, even if he offers to f. Easements are inseparable from the
reimburse estate to which they actively or passively
a. If the possessor acquired it in belong (Art. 617); they are transmissible,
good faith and for value by cannot be alienated or mortgaged
purchase from a merchant’s independently of the estate, or assigned to
store, fairs, or markets in another immovable.
accordance with the Code of g. It is indivisible (even if the tenement be
Commerce divided)
b. If owner by his own conduct h. Partition of either the servient or dominant
precluded form denying the estate between two or more persons does
seller’s authority to sell not affect the existence of the easement
c. If possessor had obtained the i. It is intransmissible (unless the tenement
goods because he was an affected also be transmitted)
innocent purchaser for value and j. It is perpetual (as long as the dominant
holder of a negotiable document and servient estate exists unless sooner
of title extinguished by the causes enumerated in
the law). (Paras, supra, p. 646-647).
Q: What is the definition of “unlawfully
deprived”?
A: When a possessor of an object did not
voluntarily part with the said object. (EDCA
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Q: Who are the 2 parties in an easement?

ACCORDING TO PURPOSE OF THE
A:
EASEMENT OF THE NATURE OR
1. Dominant Estate – the immovable in favor
LIMITATION
of which the easement is established
2. Servient Estate – the immovable which is
Positive Easement Negative Easement
subject of the easement (Civil Code, Art.
613). That which prohibits
One which imposes the owner of the
Q: What are the different classifications of upon the owner of the servient estate from
easement? servient estate the doing something
A: Easements may be classified as follows: obligation of allowing which he could
something to be done lawfully do if the
ACCORDING TO THE PARTY GIVEN THE or of doing it himself. easement did not
BENEFIT (Civil Code, Art. 616) exist. (Civil Code, Art.
616)
Real Easement Personal Easement
Q: What is the Doctrine of Apparent Sign?
A personal easement A: Doctrine of Apparent Sign: Easements are
An encumbrance on is an encumbrance on inseparable from the estate to which they actively
an immovable an immovable or passively pertain. The existence of the apparent
(servient estate) for (servient estate) in sign under Art. 624 is equivalent to a title. It is as if
the benefit or in favor favor a group of there is an implied contract between the two new
of another immovable persons or a owners that the easement should be constituted
(dominant estate) community (there is no since no one objected to the continued existence
(Civil Code, Art. 614) dominant estate). of the windows. (Amor v. Florentino, GR No. L-
(Civil Code, Art. 614) 48384, 1943)
ACCORDING TO THE MANNER IN WHICH
THEY ARE EXERCISED According to Right Given
1. Right to partially use the servient estate
Continuous Discontinuous
(Ex. Right of Way);
Easement Easement
2. Right to get specific materials or objects
Those the use of Those which are used from the servient estate;
which is or may be at intervals and
3. Right to participate in ownership (Ex.
incessant, without the depend upon the acts
easement of party wall)
intervention of any act of man. (Civil Code, 4. Right to impede or prevent the
of man (Civil Code, Art. 615) neighboring estate from performing a
Art. 615) specific act of ownership
ACCORDING TO WHETHER OR NOT THEIR
According to Source or Origin and
EXISTENCE IS INDICATED
Establishment of Easement
Non-Apparent 1. Voluntary – constituted by will or
Apparent Easement
Easement agreement of the parties or by a testator.
Those which are made Those which show no (Civil Code, Art. 619)
known and are external indication of 2. Mixed – created partly by agreement and
continually kept in their existence. (Civil partly by law
view by external signs Code, Art. 615) 3. Legal – constituted by law for public use
that reveal the use and or for private interest. (Civil Code, Art.
enjoyment of the 619)
same. (Civil Code, Art.
615) Q: How is it established?
A:
1. By law (Legal)
2. By the will of the owners (Voluntary)
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3. Through prescription (only for continuous Rights and Obligations of the Owners of the
and apparent easements) (Civil Code, Art. Dominant and Servient Estate
619)
Q: What are the rights of the dominant owner?
Resultantly, when the court says that an easement A:
exists, it is not creating one. For, even an 1. Exercise all rights necessary for the use of
injunction cannot be used to create one as there is the easement. (Civil Code, Art. 625)
no such thing as a judicial easement. The court 2. Make any works necessary for the use
merely declares the existence of an easement and preservation of the servitude; subject
created by the parties. (La Vista Association v. CA, to the following conditions: (Civil Code,
GR No. 95252, 1997) Art. 627)
a. The works shall be at his
Q: What are the modes of acquiring expense, are necessary for the
easements? use and preservation of the
A: Easement/Servitude may be acquired by: servitude;
1. Title, that is, by judicial acts like law, donation, b. They do not alter or render the
contact, will (Civil Code, Art. 620) servitude more burdensome;
2. Prescription of 10 years through adverse c. The dominant owner, before
possession or frequent exercises (Civil Code, making the works, must notify the
Art. 620). This applies only to continuous and servient owner; and
apparent easement, either: d. They shall be done at the most
a. Positive from the day the dominant convenient time and manner so
owner begins to exercise it, e.g. party as to cause the least
wall (b) Negative from the day in inconvenience to the servient
which notarial prohibition is made on owner
servient owner e.g. not to obstruct the 3. Renounce the easement totally if he
passage light desires to exempt himself from
3. Deed of recognition by servient owner, e.g. contribution to necessary expenses. (Civil
right of way (Civil Code, Art. 623). Code, Art. 628)
4. Final judgment, e.g. court declares existence 4. Ask for mandatory injunction to prevent
in an action filed for the purpose (Civil Code, impairment of his use of the easement.
Art. 623). (Resolme v. Lazo, GR No. L-8654, 1914)
Resultantly, when the court says that
an easement exists, it is not creating Q: What are the obligations of the dominant
one. For, even an injunction cannot be owner?
used to create one as there is no such A:
thing as a judicial easement. The 1. Notify the servient owner of works
court merely declares the existence of necessary for the use and preservation of
an easement created by the parties. the servitude. (Civil Code, Art. 627)
(La Vista Association v. CA, GR No. 2. Contribute to the necessary expenses if
95252, 1997) there are several dominant estates in
5. Apparent sign established by owner of two proportion to the benefits derived from the
adjoining estates. Then one estate is alienated works. (Civil Code, Art. 628)
and the easement continuous actively or 3. Cannot alter or impose added burden on
passively unless at the time of division, it is the easement. (Civil Code, Art. 627)
provided that the easement will cease or the a. Cannot use the easement except
sign removed before execution of deed (Civil for benefit originally contemplated
Code, Art. 624). b. In easement of right of way, he
cannot increase the agreed width
of the path nor deposit soil or
materials outside the boundaries
agreed upon
4. Choose the most convenient time and
manner in making the necessary works as
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to cause the least inconvenience to the 6. Redemption agreed upon by dominant and
servient owner. (Civil Code, Art. 627) servient owners, such as payment of certain
sum, doing of an act, or other prestation.
Q: What are the rights of the servient owner?
A: In co-ownership, there is no prescription for as
1. Retain ownership of the portion on which the long as one of the co-owner exercises the
easement is established, and may use it in easement (Civil Code, Art. 633).
such a manner as not to affect the exercise of
the easement. (Civil Code, Art. 630) Q: What is legal easement?
2. Change the place or manner of the use of the A: Legal Easements: Those imposed by law
easement, provided it be equally convenient. having for their object either public use or the
(Civil Code, Art. 629) interest of private persons. (Civil Code, Art. 634)
3. Use the property subject of the easement,
unless there is an agreement to the contrary. They shall be governed by the special laws and
(Civil Code, Art. 628) regulations relating thereto, and in the absence
thereof, by the Civil Code. (Civil Code, Art. 635)
The owner of the servient estate retains the
ownership of the portion on which the easement is Q: What are voluntary easements?
established and may use the same in such a A: Voluntary Easements: Those which may be
manner so as not to affect the exercise of the established by the owner of a tenement of piece of
easement. (Pilar Development Corporation v. land as he may deem suitable, and in the manner
Dumadag, GR No. 194336, 2013) and form which he may deem best, provided that
he does not contravene the laws, public policy, or
Q: What are the obligations of the servient public order. (Civil Code, Art. 688)
owner?
A: Q: What are the kinds of easement?
1. Contribute to the necessary expenses in case A:
he uses the easement, unless there is an 1. Public – for public or communal use
agreement to the contrary 2. Private – for the interest of private
2. Not to impair the use of the easement persons/private use, including those
3. In case of impairment, to restore conditions to relating to (Civil Code, Art. 637-687):
the status quo at his expense plus damages
(Civil Code, Arts. 627-630) Q: What are the kinds of private easements?
A: These are: (WALL-DRIP)
Q: What are the modes of extinguishment of 1. Waters
easement/servitude? 2. Right of Way
A: 3. Light and View
1. Merger in one person of the ownership of both 4. Party Wall
dominant and servient estates. 5. Drainage of Building Intermediate
2. Non-use for 10 years. Count: Distances Against Nuisance
a. Discontinuous Easement: from day 6. Lateral and Subjacent Support
not used,
b. Continuous Easement: from day an Q: What are easements relating to waters?
act contrary to easement happens A: Easement Relating to Waters: Lower estates
3. Dominant and/or servient estates fall into are obliged to receive:
condition wherein the easement cannot be 1. The waters which naturally and without
used, e.g. flood permanently submerging the the intervention of man descend from the
land. If the easement is revived, it has not yet higher estates; as well as
prescribed. 2. Stones or earth which they carry with them
4. Expiration of term or fulfillment of condition, in
conditional or temporary easement. Q: What acts cannot be done by owners of
5. Renunciation by dominant owner lower estates and higher estates?
A: Owner of the lower estate cannot construct
works, which will impede the easement, nor can
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the owner of the higher estate make works, which however to payment of indemnity to the owner of
will increase the burden the servient estate (Civil Code, Art. 649)
Q: Are banks of rivers and streams subject to Q: What are the requisites of easements of
the easement of public use? right of way?
A: Banks of rivers and streams, although of private A: Requisites: (OIL-PAN)
ownership, are subject throughout their entire 1. Claimant must be an Owner of enclosed
length and within a zone of 3 meters along their immovable or one w/ real right
margins, to the easement of public use in the 2. No adequate outlet to public highway
general interest of navigation, floatage, fishing and 3. Right of way is Absolutely necessary
salvage 4. Least prejudicial
5. Isolation not due to claimant’s own act
Q: Are estates adjoining the banks of 6. Proper indemnity
navigable and floatable rivers subject to
easements? Q: Upon whom does the burden of proof of
A: Estates adjoining the banks of navigable and providing the requisites lie?
floatable rivers are, subject to the easement of A: Burden of proof of proving the requisites is on
towpath, for the exclusive service of river the owner of the dominant estate.
navigation and floatage
Q: How is the existence of an easement of right
Q: When can compulsory easement for of way determined?
drawing of water and for watering animals be A: In determining the existence of an easement of
imposed? right of way, the requirement of "least prejudicial to
A: Compulsory easements for drawing of water the servient estate" trumps "distance between the
and for watering animals can be imposed for dominant estate and the public highway." Distance
reasons of public use in favor of a town or village, is considered only insofar as it is consistent to the
after payment of the proper indemnity requirement of least prejudicial. (Reyes v.
Valentin, G.R. No. 194488, 2015)
Q: What are the obligations connected to the
use of water? Q: What is the rule on indemnity?
A: Use of any water by anyone can be disposed by A: Not compulsory if the isolation of the immovable
having the water flow through the intervening is due to the proprietor’s own acts.
estates but is obliged to do the following:
1. Prove that he can dispose of the water and Q: How is legal or compulsory right of way
that it is sufficient for the use intended extinguished?
2. Show that the proposed right of way is the A:
most convenient and least onerous to 3rd 1. When the dominant estate is joined to another
persons estate (such as when the dominant owner
3. Indemnify the owner of the servient estate in bought an adjacent estate) which is abutting a
the manner determined by the laws and public road, the access being adequate and
regulations convenient
2. When a new road is opened giving access to
Q: What is the easement of aqueduct? the isolated estate
A: Easement of aqueduct is continuous and 3. In both cases: must substantially meet the
apparent even though the flow of water may not be needs of the dominant estate. Otherwise, the
continuous (Civil Code, Arts. 637-638) easement may not be extinguished.
4. Extinguishment NOT ipso facto; the servient
Q: What are easements of right of way? estate may demand; if he chooses not to, the
A: Easement of Right of Way: Right granted to a easement remains and he has no duty to
person or class of persons to pass over the land of refund indemnity
another by using a particular pathway therein, to 5. If extinguished, must return the amount
reach the former’s estates, which have no received as indemnity to the dominant owner
adequate outlet to a public highway, subject, without any interest. Interest shall be deemed
in payment for the rent.
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Q: Who retains ownership of the portion on indefinitely deprive the owner of his
which the easement is established? proprietary rights?
A: Article 630 expressly provides that “[t]he owner A: If the easement is intended to perpetually or
of the servient estate retains ownership of the indefinitely deprive the owner of his proprietary
portion on which the easement is established, and rights through the imposition of conditions that
may use the same in such manner as not to affect affect the ordinary use, free enjoyment and
the exercise of the easement.” Thus, the owners disposal of the property or through restrictions and
of the servient estate retained ownership of the limitations that are inconsistent with the exercise
road right-of-way even assuming that said of the attributes of ownership or when the
encumbrance was for the benefit of the owner of introduction of structures or objects which, by their
the dominant estate. (Mercader, Jr. vs. Bardilas, nature, create or increase the probability of injury,
GR No. 163157, 2016) death upon or destruction of life and property
found on the land is necessary, then the owner
Q: How much is to be returned should the right should be compensated for the monetary
of way no longer be necessary? equivalent of the land (National Power Corporation
A: Under the law, and unlike in purchase of a vs. Tiangco, GR No. 170846, 2007).
property, should the right of way no longer be
necessary because the owner of the dominant Q: if I buy a piece of land and it is surrounded
estate has joined it to another abutting on a public by other estates of the seller, is the seller
highway, and the servient estate demands that the obliged to provide a right of way? Is this with
easement be extinguished, the value of the or without indemnity?
property received by the servient estate by way of A: Yes, the seller is obliged without indemnity.
indemnity shall be returned in full to the dominant Whenever a piece of land acquired by sale,
estate. (De Guzman v. Filinvest Development exchange or partition, is surrounded by other
Corporation. GR No. 191710, 2015) estates of the vendor, exchanger, or co-owner, he
shall be obliged to grant a right of way without
Q: What kind of servitude is required to be indemnity. (Civil Code, Art. 652)
recognized by a private owner in favor of the
government? Note: In case of a simple donation, the donor shall
A: The only servitude which a private owner is be indemnified by the donee for the establishment
required to recognize in favor of the government is of the right of way. (Civil Code, Art. 652)
the easement of a public highway, way, private
way established by law, or any government canal Q: If the seller’s property was enclosed after I
or lateral that has been pre-existing at the time of bought the other properties of the seller which
the registration of the land. If the easement is not surrounded the subject enclosed property,
pre-existing and is sought to be imposed only after may the seller demand for me to provide a right
the land has been registered under the Land of way? Is this with or without indemnity?
Registration Act, proper expropriation proceedings A: Yes, the seller may demand a right of way after
should be had, and just compensation paid to the payment of indemnity to the buyer of the
registered owner. (Eslaban v. Vda. De Onorio, GR surrounding properties. (Civil Code, Art. 653)
No. 146062, 2001)
Note: The donor shall not be liable for indemnity
Q: Is the easement of right of way continuous? (Civil Code, Art. 653)
A: Easement of right of way is discontinuous. It
may be exercised only if a person passes or sets Q: What is the easement of light and view?
foot on somebody else’s land. An easement of A: Easement of Light and View: Period of
right of way of railroad tracks is discontinuous prescription for the acquisition shall be counted:
because the right is exercised only if and when a 1. From the time of opening of the window, if
train operation by a person passes over another’s through a party wall
property. (Bomedco v. Valdez, GR No. 124699, 2. From the time of the formal prohibition
2003) upon the proprietor of the adjoining land, if
window is through a wall on the dominant
Q: What is the right of the owner if the estate (Civil Code, Art. 668)
easement is intended to perpetually or
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Q: How can an easement of light and view be Q: What is nuisance per se?
acquired? A: Nuisance per se is one which is a nuisance at
A: An easement of light and view can be acquired all times and under any circumstances, regardless
through prescription of 10 years counting from the of location or circumstances, such as a house
time when the owner of the dominant estate constructed on a public street or a fishpond
formally prohibits, through a notarial instrument, obstructing creek.
the adjoining lot owner from blocking the view of a
window located within the dominant estate. Squatting is unlawful and the grant of the permits
(Alolino v. Flores,GR No. 198774, 2016) fosters moral decadence. The houses are public
nuisance per se and they can be summarily
Q: What is the doctrine of apparent sign under abated, even without the aid of the courts. The
Art. 624? squatters can, therefore, be ousted. (City of Manila
A: Originally no true easement exists here v. Gerardo Garcia, et al. GR No. L-26053, 1967)
because there is only one owner. Hence, before
the alienation, there is no true easement. Q: What are nuisance per accidens?
A: Nuisance per accidens becomes a nuisance by
However, after alienation there arises an reason of circumstances, location or surroundings.
easement if the sign continues to remain there It is not a nuisance by its nature but it may become
unless there is a contrary agreement. (Civil Code, so by reason of locality, surrounding, or
Art. 624) circumstances (e.g. slaughter house).
NOTE: There is no easement if the sign is Q: What are the liabilities?

removed or if there is an agreement to this effect A: He who creates a nuisance is liable for the
(Civil Code, art. 624). resulting damages and his liability continues as
long as the nuisance continues.
This article does not apply in case both estates or
both portions are alienated to the same owner, for Every successive owner or possessor of property
then there would be no true easement unless there who fails or refuses to abate a nuisance in that
is a further alienation, this time, to different property started by a former owner or possessor is
owners. liable therefor in the same manner as the one who
created it (Civil Code, Art. 696).
f.1. NUISANCE
Q: When can a successor to the property be
Q: What is a nuisance? held liable?
A: Nuisance – is any act, omission, establishment, A: The successor, to be held liable, must
business, condition of property, or anything else knowingly fail or refuse to abate the nuisance.
which:
1. Injures or endangers the health or safety of Q: Is there a prescription to legalize nuisance?
others A: Lapse of time cannot legalize any nuisance,
2. Annoys or offends the senses whether public or private (Civil Code, Art. 689).
3. Shocks, defies or disregards decency or
morality Q: What is the effect of lapse of time?
4. Obstructs or interferes with the free passage A: The action to abate a public or private nuisance
of any public highway or street, or any body of is not extinguished by prescription (Civil Code, Art.
water 1143[2]).
5. Hinders or impairs the use of property (Civil
Code, Art. 694) Q: What is the exception?
A: Arts. 698 and 1143(2) do not apply to
Based on case law, the term “nuisance” is deemed easements which are extinguished by obstruction
to be “so comprehensive that it has been applied and non- user for ten years. (See Civil Code, Art.
to almost all ways which have interfered with the 631).
rights of the citizens, either in person, property, the
enjoyment of his property, or his comfort.” (Rana
vs. Uy, GR No. 192861 & 192862, 2014)
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Q: What is an attractive nuisance?

A: As explained in the case of Hidalgo v. Q: What is the effect on successors?
Balandan, the doctrine may be stated, in short, as A: The successor, to be held liable, must
follows: One who maintains on his premises knowingly fail or refuse to abate the nuisance
dangerous instrumentalities or appliances of a
character likely to attract children in play, and who Q: What is the rule on criminal prosecution?
fails to exercise ordinary care to prevent children A: Criminal prosecution is only a remedy against a
from playing therewith or resorting thereto, is liable public nuisance. In private nuisance, criminal
to a child of tender years who is injured thereby, prosecution is NOT a remedy. However, if indeed
even if the child is technically a trespasser in the a crime has been committed, as defined by the
premises. Revised Penal Code, criminal prosecution can
proceed. (Paras, p. 751)
The principle reason for the doctrine is that the
condition or appliance in question although its Q: What is judgment with abatement?
danger is apparent to those of age, is so enticing A: Besides being held liable for damages or being
or alluring to children of tender years as to induce sentenced to the penalty, the Court may also order
them to approach, get on or use it, and this to abate the nuisance.
attractiveness is an implied invitation to such
children (Hidalgo v. Balandan, G.R. No. L-3422, Q: What is extrajudicial abatement?
1952). A: Any person injured by a private nuisance may
abate it by removing, or if necessary, by destroying
Q: What are the remedies against public the thing which constitutes the nuisance, without
nuisance? committing a breach of the peace or doing
A: The remedies against a public nuisance are: unnecessary injury. However, it is indispensable
1. Criminal prosecution under the Revised that the procedure for extrajudicial abatement of a
Penal Code or a local ordinance; public nuisance by a private person be followed.
2. Civil action, including damages; (Civil Code, Art. 706)
3. Abatement, summary and without judicial
proceedings Note: An extrajudicial abatement can only be
applied for if what is abated is a nuisance per se
Q: What is abatement? and not nuisance per accidens.
A: Abatement is the exercise of police power which
includes the right to destroy property regarded as Q: What are the requisites for extrajudicial
a public health and safety, and there is accordingly abatement?
no obligation for compensation. A: Requisites for extrajudicial abatement:
1. The nuisance must be specially injurious to the
Q: What are the remedies against private private person affected
nuisance? 2. No breach of peace or unnecessary injury is
A: The remedies against a private nuisance are committed
the same as in the case of public nuisance, except 3. Demand has been made upon the owner or
that criminal prosecution is not allowable. Hence possessor of the property to abate the
the only remedies are a civil action and abatement nuisance
without judicial proceedings (extrajudicial 4. Demand has been rejected
abatement) (Civil Code, Art. 705). 5. Abatement must be approved by the district
health officer and executed with the
Q: What is the effect on owners? assistance of the local police
A: Owner of nuisance property is not entitled to 6. Value of the destruction does not exceed
compensation. (Civil Code, Art. 436) P3,000 (Civil Code, Art. 704)
Q: What is the effect on subsequent owners? Q: When is a private person or a public official
A: Subsequent owner of the property, having full extrajudicially abating a nuisance be held
knowledge of the existence of the nuisance and liable for damages to the owner of the thing
did not remove the nuisance, is solidarily liable for abated?
the injuries and damages caused. A:
1. If he causes unnecessary injury;
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2. If an alleged nuisance is later declared by the e. If public nuisance, it must be specially

courts to be not a real nuisance. (Civil Code, injurious to him (Civil Code, Art. 704)
Art. 707)
Q: What is the right of a person to damages
Q: What is the procedure to be followed by the caused by a nuisance?
DPWH in order to satisfy the standards of due A: A person may maintain an action for damages
process pursuant to the AO issued by the caused by a nuisance. If the nuisance is temporary
President which states that the DPWH may or recurrent in character, each repetition of it gives
abate the billboards for being public nuisance rise to a new cause of action. The remedies of
if it is specially injurious to it? abatement and damages are cumulative; hence,
A: both may be demanded. Even if nuisance no
1. That demand be first made upon the owner or longer exists, the aggrieved person may still
possessor of the property to abate the pursue a civil action for damages suffered during
nuisance; the existence of the nuisance.
2. That such demand has been rejected;
3. That the abatement be approved by the district Q: What are the possible defenses against an
health officer and executed with the action for damages and/or abatement of a
assistance of the local police and nuisance?
4. That the value of the destruction does not A:
exceed three thousand pesos. (Department of 1. Estoppel
Public Works and Highways v. City a. One who voluntarily places himself in
Advertising Ventures Corp., G.R. No. 182944, a situation whereby he suffers an
2016). injury will not be heard to say that his
damage is due to a nuisance
Q: When may a private person sue on account maintained by another
of a public nuisance? 2. The non-existence of the nuisance
A: 3. Impossibility of abatement
a. Ordinarily, it is the mayor who must bring 4. Public necessity (Paras, p. 752)
the civil action to abate a public nuisance
b. But a private individual can also do so, if Q: Who may sue on private nuisance?
the public nuisance is SPECIALLY A: Any person injured by a private nuisance may
INJURIOUS to himself. file a civil action or cause the summary abatement
i. The action may be for injunction, thereof. Possession of the real estate alone is
abatement, or for damages. (Civil sufficient to sustain an action. Legal title is not
Code, Art. 703, Paras, p. 750) necessary.
Q: What are the requirements for abatement of f.2. MODES OF ACQUIRING OWNERSHIP
a public nuisance by a private person?
A: Q: What are the modes of acquiring
1. Any private person may abate a public ownership? (OLD TIPS)
nuisance which is specially injurious to him by A:
removing, or if necessary, by destroying the 1. Occupation;
thing which constitutes the same, without 2. Law;
committing a breach of the peace, or doing 3. Donation;
unnecessary injury. 4. Tradition;
2. But it is necessary that: 5. Intellectual Creation;
a. Demand has been made upon the 6. Prescription;
owner or possessor of the property to 7. Succession (Civil Code, Art. 712)
abate the nuisance
b. Demand has been rejected Q: What are the original modes of acquiring
c. Abatement be approved by the district ownership?
health officer and executed with the A:
assistance of the local police 1. Occupation
d. Value of the destruction does not 2. Acquisitive prescription
exceed P3,000 3. Law
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4. Intellectual creation (Acap v. CA, G.R. No. A:

118114, 1995) 1. Convey no title or ownership to the transferee
before the death of the transferor;
Q: What are the derivative modes of acquiring 2. Transfer should be revocable at will before the
ownership? donor’s death;
A: 3. Transfer should be void if the transferor should
1. Succession mortis causa; survive the transferee;
2. Tradition as a result of certain contracts 4. Specification in a deed of the causes whereby
such as sale, barter, donation, assignment the act may be revoked indicates that the
or mutuum (Acap v. CA, G.R. No. 118114, donation is inter vivos;
1995). 5. Designation of the donation as mortis causa
are not controlling criteria and should be
Q: What are the formal requisites of a contract construed together with the rest of the
of donation for immovable properties? instrument; and
A: The formal requisites are: 6. In case of doubt, the conveyance should be
1. To be valid, the donation must be: deemed donation inter vivos rather than mortis
a. In a public document; causa (Villanueva v. Spouses Branoco, G.R.
b. Specifying the property donated and 172804, 2011).
the value of the charges which the
donee must satisfy Q: What are donations inter vivos?
2. Acceptance must be done: A: When the donor intends that the donation shall
a. In the same deed of donation or in a take effect during the lifetime of the donor, though
separate public document; the property shall not be delivered until after the
b. During the lifetime of the donor. donor’s death. The fruits of the property from the
time of the acceptance of the donation, shall
If done in a separate instrument, the donor shall pertain to the donee, unless the donor provides
be notified in an authentic form and such step is otherwise (Civil Code, Art. 729).
noted in both instruments (Civil Code, Art. 749).
Q: When is a donation perfected?
Q: What are the formal requisites of a contract A: From the moment the donor knows of
of donation for movable properties? acceptance by the donee (Civil Code, Art. 734).
A: (Civil Code, Art. 748) The donee must accept the donation personally,
1. If the value of the property is P5,000 or less: or through an authorized person with a special
a. Orally, provided simultaneous power for the purpose, or with a general and
delivery, of the thing or of the sufficient power; otherwise, the donation shall be
document representing the right void (Civil Code, Art. 745). Acceptance must be
donated, whether actual or made during the lifetime of the donor and of the
constructive, is made; or donee (Civil Code, Art. 746).
b. In writing, without need of
simultaneous delivery Q: What are the classification of donations?
2. If the value of the property exceeds P5,000: A: Donations, according to its purpose or cause,
a. Both donation and acceptance must may be categorized as:
be made in writing. Otherwise, it is 1. Pure or Simple
void. • Where the underlying cause is
plain gratuity. This is donation in
Q: What are donations mortis causa? its truest form
A: Donations which are to take effect upon the 2. Remuneratory or Compensatory
death of the donor partake the nature of • One made for the purpose of
testamentary provisions and shall be governed by rewarding the donee for past
the rules on Succession (Civil Code, Art. 728). services, which services do not
amount to a demandable debt
Q: What are the distinguishing characteristics 3. Conditional or Modal
of donations mortis causa? • One where the donation is made
in consideration of future services
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or where the donor imposes

certain conditions, limitations or Q: When may a donation be revoked by reason
charges upon the donee, the of ingratitude?
value of which is inferior than that A:
of the donation given 1. If the donee should commit some offense
4. Onerous against the person, the honor or the
• That which imposes upon the property of the donor, or of his wife or
donee a reciprocal obligation or, children under his parental authority;
to be more precise, this is the kind 2. If the donee imputes to the donor any
of donation made for a valuable criminal offense, or any act involving
consideration, the cost of which is moral turpitude, even though he should
equal to or more than the thing prove it, unless the crime or the act has
donated been committed against the donee
(CJ Yulo and Sons v. Roman Catholic Church, G. himself, his wife or children under his
R 133705, 2005) authority;
3. If he unduly refuses him support when the
Q: What are the grounds to reduce or revoke a donee is legally or morally bound to give
donation in? support to the donor. (Civil Code, Art. 765)
A: Every donation inter vivos, made by a person
having no children or descendants, legitimate or Q: What are the prescriptive periods to reduce
legitimated by subsequent marriage, or or revoke a donation?
illegitimate, may be revoked or reduced as A:
provided in the next article, by the happening of
any of these events: 1 year from the time the
Renunciation of
1. If the donor, after the donation, should have donor had knowledge of
the action to
legitimate or legitimated or illegitimate the fact and it was
rescind a
children, even though they be posthumous; possible for him to bring
donation is based
2. If the child of the donor, whom the latter the action. (Civil Code,
on ingratitude
believed to be dead when he made the Art. 769)
donation, should turn out to be living; 10 years from the time
Reduction of
3. If the donor subsequently adopt a minor child. the right of action
inofficious
accrues (Civil Code, Art.
donations
The donation shall be revoked or reduced insofar 1144)
as it exceeds the portion that may be freely
disposed of by will, taking into account the whole
estate of the donor at the time of the birth,
appearance or adoption of a child.
Q: What are the other grounds to reduce a

donation?
A:
1. Inofficiousness
2. If insufficient property is left for the support
of the donor and his relatives (Civil Code,
Art. 771)
Q: What are the other grounds to revoke a

donation?
A: The other grounds to revoke a donation are:
1. Inofficiousness (Civil Code, Art. 760);
2. Failure to comply with the condition
imposed upon the donee (Civil Code, Art.
764); and acts of ingratitude by the donee
(Civil Code, Art. 765).
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4. OBLIGATIONS existed between the parties (Cangco v.

Manila Railroad Co., G.R. No. L-12191,
Q: What is an Obligation? Oct. 14, 1918);
A: An obligation is a juridical necessity to give, to 2. If the act that breaks the contract may also
do or not to do. (Civil Code, Art. 1156) be a tort (Air France v. Carrascoso, G.R.
No. L-21438, Sept. 28, 1966).
Q: What are the essential elements of an
obligation? (Civil Code, Art. 1156 – 1162) When the obligation is based on a contract,
(PAVO) without which the obligation does not exist, the
A: cause of action must be founded on the breach of
1. Passive Subject (obligor/debtor): person contract and cannot be based on quasi-delict
who has the duty of giving, doing or not (PSBA v. Court of Appeals, G.R. No. 84698, Feb.
doing; person bound to the fulfillment 4, 1992).
2. Active Subject (obligee/creditor): person
in whose favor the obligation is In Air France, what was punished was the
constituted; person entitled to make a company’s racist policy which emboldened the
demand manager to expel the Filipino from first class
3. Vinculum Juris/ Legal Tie: the efficient because a white man had a better right to the seat.
cause or the juridical tie between two Air France would apply if the act which breaches a
subjects by reason of which the debtor is contract was done in bad faith and amounts to a
bound in favor of the creditor to perform violation of Article 21 of the Civil Code.
the obligation. It can be established by
various sources of obligations (law, Q: What are the requisites to be in legal
contract, quasi-contracts, delicts, and delay/default?
quasi-delicts) and may arise either from A:
bilateral or unilateral acts of persons. 1. Obligation is Demandable
2. Debtor Delays performance
4. Object/ Subject Matter: the prestation or
3. Creditor Demands performance judicially
conduct which has to be observed by the
or extrajudicially (Civil Code, Art. 1169)
debtor/obligor; to be valid, it must be:
(LiPoDeM)
Q: Once the obligor incurs in delay, is he liable
a. Licit for payment of interest as an indemnity for
b. Possible damages?
c. Determinate/ Determinable A: Yes. If the obligation consists in the payment of
d. Must have pecuniary value a sum of money, and the debtor incurs in delay,
(DESIDERIO P. JURADO, COMMENTS the indemnity for damages, there being no
AND JURISPRUDENCE ON stipulation to the contrary, shall be the payment of
OBLIGATIONS AND CONTRACTS 457 the interest agreed upon, and in the absence of
(2010)) stipulation, the legal interest, which is six per cent
per annum. (Rivera v. Spouses Chua, G.R. No.
Q: When may a quasi-delict be used as a cause 184458, Jan. 14, 2015)
of action despite a pre-existing contractual
relation? Q: What are the four (4) instances when
A: demand is not necessary to constitute the
General Rule: Actions based on breach of debtor in default? (ELMU)
contract and actions based on quasi-delicts differ A:
in terms of conditions, defenses, and proof. They 1. When there is an Express stipulation to
cannot co-exist. (Orient Freight v. Keihin, G.R. No. that effect;
191937, Aug. 9, 2017) 2. Where the Law so provides;
3. When the period is the controlling Motive
Exceptions: or the principal inducement for the
1. When the same act which constitutes a creation of the obligation; and
breach of the contract would have
4. Where the demand would be Useless.
constituted the source of an extra-
contractual obligation had no contract
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In the first two, it is not sufficient that the law or Q: A’s warehouse was razed by fire. It had a
obligation fixes a date for performance; it must long-term supply contract for 10 years to
further state expressly that after the period lapses, deliver sugar to X, which provides that the
default will commence. (Civil Code, Art. 1169) former will deliver to the latter sugar every so
often. Due to the fire, A was not able to make
Q: What are the requisites of Fortuitous deliveries for a period of 1 year during the 10-
Events? (NIU) year period. Can A be compelled to deliver
A: sugar on the 11th year considering its failure to
1. Event must be Independent of obligor’s comply with its obligation for 1 year?
will; A: No. The occurrence of such a fortuitous event
2. Event is Unforeseeable or unavoidable will not extend the period of the contract beyond
3. Such event renders it Impossible for the its fixed period. This is because the obligor was
debtor to perform (not only makes it excused from performance during the period when
difficult, but impossible) the fortuitous events prevented it from performing
4. No contributory negligence (Lasam v. its obligations. (Victorias Planters Association v.
Smith, G.R. No. L-19495, Feb. 2, 1924) Victorias Milling, G.R. No. 6648, Jul. 25, 1955)
As a general rule, loss due to fortuitous events Q: What is a potestative condition?

shall extinguish the obligation. (CIVIL CODE, art. A: A condition that is dependent on the sole will of
1174) a party. A potestative suspensive condition
dependent on the sole will of the debtor is void. If
it is resolutory, it is valid. (EDGARDO L. PARAS, CIVIL
CODE OF THE PHILIPPINES ANNOTATED:
PRESCRIPTION; OBLIGATIONS AND CONTRACTS 201
(2016))
Q: What is the difference between suspensive or resolutory condition and term or period?
CONDITION TERM or PERIOD

Suspensive It may or may not happen, hence It is certain that it will happen; just uncertain
uncertain whether there is an obligation as to when it will happen.
Resolutory It is not certain if the obligation will It is certain that it will terminate at a future
terminate at all. time.
(HECTOR S. DE LEON & HECTOR M. DE LEON, JR., COMMENTS AND CASES ON OBLIGATIONS AND CONTRACTS
191 (2014))
Q: When shall a debtor/obligor lose the benefit 5. Debtor Attempts to abscond (mere
of the period (therefore may be compelled to attempt sufficient, because if actual
pay immediately)? (FAt-VISA): abscondment is to be awaited, creditor
1. Debtor becomes Insolvent (when his can no longer collect; and
assets are less than his liabilities) 6. With an Acceleration clause stipulation
Exception: When he gives security for the Applies to obligations payable in
obligation installments or based on amortization
2. Failure to create or establish the security schedule, where stipulation says that
promised; failure to pay one or some installments or
3. When Security established but is later amortizations will entitle creditor to
impaired (through fault of debtor) or totally accelerate payment – i.e., to call for the
lost (due to fault of debtor or fortuitous payment on the entire remaining unpaid
events). obligation. (Civil Code, Art. 1198)
Unless: Debtor provides another security
of equal value; Q: What are reciprocal obligations?
4. Violation of any undertaking on the basis A: Reciprocal obligations are those that arise from
of which, period is granted; the same cause, and in which each party is a
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debtor and a creditor of the other at the same time, PINEDA, OBLIGATIONS AND CONTRACTS 129
such that the obligations of one are dependent (2009))
upon the obligations of the other. They are to be
performed simultaneously, so that the Q: May an obligation be considered indivisible
performance by one is conditioned upon the even if the object is physically divisible?
simultaneous fulfillment by the other. Furthermore, A: Yes. Article 1225 of the New Civil Code states
neither party incurs in delay if the other does not that even though the object or service may be
comply or is not ready to comply in a proper physically divisible, an obligation is indivisible if so
manner with what is incumbent upon him. From provided by law or intended by the parties. The
the moment one of the parties fulfills his obligation, indivisibility of an obligation is tested against
delay by the other begins. (Civil Code, Art. 1169) whether it can be the subject of partial
performance. An obligation is indivisible when it
Q: When does the obligation arise in the cannot be validly performed in parts, whatever
following: may be the nature of the thing which is the object
A: thereof. The indivisibility refers to the prestation
1. Pure obligation: Upon demand (Civil Code, and not to the object thereof. (Civil Code, Art.1225;
Art. 1179) Hector S. De Leon & Hector M. De Leon, Jr.,
Comments and Cases on Obligations and
2. Obligations with Suspensive Condition Contracts 249, 2014; see also Lam v. Kodak, G.R.
No. 167615, Jan. 11, 2016)
General Rule: Only from the time the
condition is fulfilled, but the obligation Q: What is the effect of breach in joint
retroacts to the day of its constitution. (Civil indivisible obligations?
Code, Art. 1187) A: If one of the joint debtors fails to comply with his
undertaking, the obligation can no longer be
Exception: Regarding fruits and interests in fulfilled or performed. Consequently, it is
reciprocal obligations (even if the two converted into one of indemnity for damages.
reciprocal obligations are not of the same Innocent joint debtor shall not contribute to the
value), the parties are deemed as mutually indemnity beyond their corresponding share of the
compensated during the pendency of the obligation. (Civil Code, Art.1224)
condition.
Q: What is the rule on solidary obligations?
3. Obligations subject to a Resolutory A: It must be expressed in stipulation or provided
Condition/Period: No obligation to deliver by law or by nature of obligation. Otherwise, it will
fruits since performance or delivery is be considered a joint obligation/credit. The
immediate, subject to its resolution upon the presumption is that an obligation is always joint.
happening of the condition/period. (Civil Code, (Civil Code, Art.1207)
Art. 1187)
Words denoting solidarity include “jointly and
Q: What does a “day certain” refer to in severally” (most common); “individually and
obligations with a period or a term? collectively”; “severally”; “individually”;
A: “collectively”; “separately”; “distinctively”,
(a) A future AND certain event; or “individually liable” and “individually and jointly”.
(b) Payable when able, or when debtor promises (Ronquillo v. Court of Appeals, G.R. No. L-55138,
to pay when “his means permit him to do so” Sept. 28, 1984)
– period is to be fixed by the court, taking into
account intention of the parties (ERNESTO L.
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Q: Distinguish Indivisibility from Solidarity.

A:
INDIVISIBILITY SOLIDARITY
Refers to the prestation which constitutes the object of Refers to the legal tie and consequently to the
the obligation subjects or parties of the obligation
Plurality of subjects is NOT required Plurality of subjects is indispensable
225 (2014))
Q: Distinguish a Solidary Debtor from a Surety.

A:
SOLIDARY DEBTOR SURETY
With principal liability With primary liability: can be made to pay only
when principal debtor does not pay
Pays for full amount and can seek reimbursement If he pays the full amount, he may recover the
from other solidary debtors FULL amount from principal debtors
Extension of time granted to other solidary debtors w/o Extension of time granted to principal debtor w/o
his consent does not release him his consent releases him
Can be made to pay the full amount Can bind himself for less than the full amount of
the obligation
222-223 (2014))
Q: What is the rule on reimbursement among Q: What is the principle of constructive

solidary debtors under Article 1217 of the Civil fulfillment of a condition?
Code? A: When the obligor voluntarily or intentionally
A: Once creditor is paid in full, the obligation is prevents the fulfillment of the condition, the
extinguished, and the debtor who pays is entitled condition shall be deemed fulfilled. (Civil Code,
to reimbursement from others, as if joint (based on Art.1186)
agreed sharing or if not, equal). (Civil Code, Art.
1217) Q: What are the principal modes of
extinguishments of obligations? (PaL-
When one of the solidary debtors cannot, because CoCoCo-No)
of his insolvency, reimburse his share to the debtor A:
paying the obligation, such share shall be borne by 1. Payment or performance
all his co-debtors, in proportion to the debt of each. 2. Loss of the thing due
(Civil Code, Art. 1217) 3. Condonation or remission of debt
4. Confusion or merger of rights
Q: When may a penalty substitute damages? 5. Compensation
A: 6. Novation (Civil Code, Art. 1231)
General rule: The penalty fixed by the parties
takes the place of all damages and interests in Q: What is the principle of integrity of payment
case of breach. (Civil Code, Art. 1226) or performance of obligations?
A: As a general rule, a debt shall not be deemed
Exceptions: (StiRF) paid UNLESS the thing or service of which the
1. When by Stipulation of the parties, penalty, IN obligation consists of has been completely
ADDITION to interest, may be collected; delivered or rendered, as the case maybe. Civil
2. When the debtor is sued for Refusal to pay the Code, Art. 1233)
agreed penalty; and
3. When debtor is guilty of Fraud. (Civil Code, The exceptions are:
Art. 1226) 1. When the obligation has been
substantially performed in good faith (Civil
Code, Art. 1234);
2. When the obligee accepts performance
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despite its incompleteness or irregularity creditor cannot be compelled to accept them

and without expressing any protest or (unless such is stipulated as the mode of
correction (Civil Code, Art. 1235); payment).
3. In cases involving divisible obligations
capable of partial performance. (ERNESTO Creditor, however, has the option to accept
L. PINEDA, OBLIGATIONS AND CONTRACTS payment in checks of any kind. If the creditor
192-193 (2009)) accepts the check or no prompt objection to the
form of payment is made, there is valid tender of
Q: What is the principle of substantial payment and creditor can no longer claim later that
performance? payment is not in legal tender. (Pabugais v.
A: If the obligation has been substantially Sahijwani, G.R. No. 156846, Feb. 23, 2004)
performed in good faith, the obligor may recover
as though there had been a strict and complete Q: When can the delivery of a check produce
fulfillment, less damages suffered by the obligee. the effect of payment?
This is the basis of the rule that if the breach is only A: Only when they have been cashed, or when
slight, the obligee cannot resolve or cancel the through the fault of the creditor they have been
obligation. Generally, the courts will grant the impaired. (Civil Code, Art. 1249)
obligor a certain time to make up for the slight
breach. The “damages suffered by the obligee” NOTE: When payment in check is accepted, it
refers to the deficiency which the obligee is still produces the effect of payment only when the
entitled to collect. (Civil Code, Art. 1234; 4 ARTURO check is cleared (retroacts to the date the check
M. TOLENTINO, COMMENTARIES AND JURISPRUDENCE was deposited) and the funds are transferred to
ON THE CIVIL CODE OF THE PHILIPPINES 277 (1991)) the account of the creditor. Stale checks (those not
Substantial performance is applied only when the presented for payment within 6 months from date
obligor admits breaching the contract after of check) do not produce the effect of payment and
honestly and faithfully performing all the material debtor can be required to issue a new check or pay
elements thereof except for some technical in cash since the obligation is not yet deemed paid.
aspects or deficiency that cause no serious harm Debtor cannot however be liable for interest or
to the obligee. (International Hotel Corporation v. penalty and cannot be declared in default since
Joaquin Jr., G.R. No. 158361, Apr. 10, 2013). creditor could have immediately presented it for
payment. It is only in cases where the value is
Q: What are the requisites of substantial impaired through creditor’s fault (i.e., creditor
performance? (GoSTeM): misplaced the check and someone else encashed
A: it), that the debtor is deemed to have paid his
1. Attempt in Good faith to perform without obligation without having to issue a new check or
willful or intentional departure paying in cash. (Evangelista v. Screenex, Inc.,
2. Deviation is Slight G.R. No. 211564, Nov. 20, 2017)
3. Omission/Defect is Technical or
unimportant Q: Article 1176 provides that: “The receipt of
4. Must not be so Material that intention of the principal by the creditor, without
parties is not attained. (International Hotel reservation with respect to the interest, shall
Corporation v. Joaquin Jr., G.R. No. give rise to the presumption that said interest
158361, Apr. 10, 2013) has been paid.” Article 1253 states that: “If the
debt produces interest, payment of the
Q: A obtained a loan from B in the amount of principal shall not be deemed to have been
Php 200,000.00. On due date, A offered to pay made until the interests have been covered.”
the entire amount through a manager’s check. How are these two rebuttable presumptions
B refused demanding payment in cash. A reconciled?
countered by arguing that the manager’s A: Article 1176 should be treated as a general
check is good as cash. Can B be compelled to presumption subject to the more specific
accept the payment of B? presumption under Article 1253. Article 1176
A: No. Payment must be in legal tender (Civil applies when there is doubt as to whether interest
Code, Art. 1249). Personal checks, Cashier’s or is waived because the creditor accepts the
Managers checks are NOT legal tender, so a payment for the principal without reservation with
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respect to the interest. Here, the creditor is A: Dation in payment extinguishes the obligation
presumed to have waived the right to collect to the extent of the value of the thing delivered,
interest. Article 1254 has no issue on waiver of either as agreed upon by the parties or as may be
interest because it is a given under this Article that proved, unless the parties by agreement – express
the debt produces interest. The doubt is on or implied, or by their silence – consider the thing
whether the amount received by the creditor is as equivalent to the obligation, in which case the
payment for the principal or the interest. Article obligation is totally extinguished. (Tan Shuy v.
1253 resolves this doubt by providing a hierarchy: Maulawin, G.R. No. 190375, Feb. 8, 2012)
payments shall first be applied to the interest;
payment shall then be applied to the principal only Q: Differentiate Dation in Payment from
after the interest has been fully paid. (Marquez v. Cession in Payment
Elisan Credit Corporation, G.R. No. 194642, Apr. A:
6, 2015) Dation in Payment Cession in Payment
(Art. 1245) (Art. 1255)
Q: What is dacion en pago? One creditor Plurality of creditors
A: Dacion en pago or dation in payment is a mode NOT necessarily in Debtor must be
of extinguishing an obligation whereby the debtor state of financial insolvent
pays a monetary obligation with property. It is a difficulty
special form of payment because one element of Thing delivered is Universality of
payment is missing: Identity. (EDGARDO L. PARAS, considered as property of debtor is
CIVIL CODE OF THE PHILIPPINES ANNOTATED: equivalent of what is ceded
PRESCRIPTION; OBLIGATIONS AND CONTRACTS 380 performance
(2016)) Payment extinguishes Merely releases
obligation to the extent debtor up to the net
Q: What are the requisites of dacion en pago? of the value of the thing proceeds of things
(PAD) delivered as agreed ceded or assigned,
A: upon unless there is a
1. There must be the Performance of the contrary intention.
prestation in lieu of payment (animo solvendi) (HECTOR S. DE LEON & HECTOR M. DE LEON, JR.,
which may consist in the delivery of a COMMENTS AND CASES ON OBLIGATIONS AND
corporeal thing or a real right or a credit CONTRACTS 356-357 (2014))
against the third person
2. There must be some Difference between the Q: What is the effect of Impossibility of
prestation due and that which is given in Performance in Obligation to Do?
substitution (aliud pro alio) A: Debtor is released when the prestation
3. There must be an Agreement between the becomes legally or physically impossible
creditor and debtor that the obligation is
immediately extinguished (to the extent of
without fault on the part of the debtor. (Civil
Code, Art. 1266)
agreed valuation) by reason of the
performance of a prestation different from that
Q: What is the principle of Rebus Sic
due. (HECTOR S. DE LEON & HECTOR M. DE
Stantibus?
LEON, JR., COMMENTS AND CASES ON
OBLIGATIONS AND CONTRACTS 321 (2014)) A:The agreement is valid only if the same
conditions prevailing at time of contracting
Q: A Corporation bought several buses from B continue to exist at the time of performance.
Corporation for a total amount of Php 50 Obligor may be released in whole or in part if the
million. A Corporation was only able to pay conditions have changed so that it becomes
Php 10 million. To settle its outstanding manifestly beyond the intention of the parties. (4
balance, A Corporation offered to pay its ARTURO M. TOLENTINO, COMMENTARIES AND
obligation with a parcel of land worth Php 30 JURISPRUDENCE ON THE CIVIL CODE OF THE
million in the form of dacion en pago, which B PHILIPPINES 336 (1991))
Corporation accepted. Up to what extent did
the said dacion en pago extinguish A
Corporation’s obligation to B?
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Q: How does Art. 1267 of the Civil Code (i.e., only if both obligations are liquidated. (Lao v.
where an obligor is released in whole or in part Special Plans, Inc., G.R. No. 164791, June 29,
of his obligation when the service has become 2010)
so difficult as to be manifestly beyond the
contemplation of the parties) apply? (FoDAF) Q: Can a taxpayer’s tax due to the government
A: be offset or be compensated with the debt of
1. The event or change could not have been the government due to a taxpayer?
Foreseen at the time of the execution of A: No. Taxes cannot be subject to compensation
the contract for the simple reason that the government and the
2. The performance is extremely Difficult, but taxpayer are not creditors and debtors of each
NOT impossible (because if it is other. There is a material distinction between a tax
impossible, it is extinguished by and debt. Debts are due to the Government in its
impossibility) corporate capacity, while taxes are due to the
3. The event was not due to the Act of any of Government in its sovereign capacity. (United
the parties Airlines, Inc. v. Commissioner of Internal Revenue,
4. The contract is for a Future prestation (4 G.R. No. 178788, Sept. 29, 2010)
ARTURO M. TOLENTINO, COMMENTARIES
AND JURISPRUDENCE ON THE CIVIL CODE OF Q: A, as creditor, lent Php. 1,000.00 to B, the
THE PHILIPPINES 347 (1991)) debtor, due 15 days after the receipt of the
money by B. On due date, B failed to pay A. B
The difficulty of performance contemplated should offered that C be substituted in his place as the
be such that one party would be placed at a debtor. C consented, while A did not. Was
disadvantage by the unforeseen event. Mere there a valid substitution of the debtor?
inconvenience, or unexpected impediments, or A: No. Novation can be done without the
increased expenses did not suffice to relieve the knowledge or even against the will of the original
debtor from a bad bargain. (Tagaytay Realty v. debtor, but not without the consent of the creditor
Gacutan G.R. No. 160033, Jul. 1, 2015) (Interport Resources Corporation v. Securities
Specialist, In. G.R. No. 154069, June 6, 2016)
Q: What are the requisites of Compensation?
(LM-STD) Q: What are the requisites of novation? (VICN)
A: A:
1. Both parties must be Mutual creditors and 1. There must be a previous Valid obligation;
debtors - in their own right and as 2. Intent to extinguish the old and substitute
principals. it with the new obligation, whether
2. Both debts must consist in Sum of money expressed, or implied as when the two
or if consumable, of the same kind or obligations are inconsistent and cannot
quality. stand together.
3. Both debts are Due. 3. Capacity and consent of the parties to the
4. Both debts are Liquidated and new obligation; and
demandable (determined). 4. Valid New obligation. (Garcia, Jr. v. CA,
5. Neither debt must be retained in a G.R. No. 80201, Nov. 20, 1990)
controversy commenced by Third person
and communicated w/ debtor (neither debt Note: Novation is never presumed, there must be
is garnished). (Civil Code, Art. 1279) an express intention to novate. The creditor’s
acceptance of another check, which replaced an
NOTE: A claim is liquidated when the amount and earlier dishonored check, does not result in
time of payment is fixed. If acknowledged by the novation where there was no express agreement
debtor, although not in writing, the claim must be to establish that the debtor was already
treated as liquidated. When the defendant, who discharged from his liability. (Salazar v. J.Y.
has an unliquidated claim, sets it up by way of Brothers Marketing Corporation, G.R. No. 171998,
counterclaim, and a judgment is rendered Oct. 20, 2010)
liquidating such claim, it can be compensated
against the plaintiff’s claim from the moment it is
liquidated by judgment. Compensation takes place
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Q: What is Subrogation? (ERNESTO L. PINEDA, OBLIGATIONS AND CONTRACTS

A: It is defined as the transfer of all the rights of 341-343 (2009))
the creditor to a third person, who substitutes him
in all his rights. (4 ARTURO M. TOLENTINO, Q: In 1996, CJH Corp constructed hotels in
COMMENTARIES AND JURISPRUDENCE ON THE CIVIL Baguio. In 2001, CJH Corp. entered into a
CODE OF THE PHILIPPINES 401-402 (1991)) contractor’s agreement with CC Corp. CC was
to complete the interior and exterior painting
It may either be legal or convention. Legal works of unit 2E of CJH’s hotel for the price of
subrogation is that which takes place without Php 15.5M. This is inclusive of the price of two
agreement but by operation of law because of studio-type units at the hotel. The agreement
certain acts (Civil Code, Arts. 1300 & 1302). contained no date of the units’ turnover, but it
Conventional subrogation is that which takes place allowed CC to choose the units for offsetting.
by agreement of parties (Civil Code, Arts. 1300- CC chose units 102 and 104. In 2003, CC
1301). completed the painting works. CJH was only
able to pay the price, minus the value of the
Q: When is subrogation presumed? units. Therefore, CC demanded the execution
A: of the deed of sale and the delivery of titles of
1. Creditor pays another preferred creditor the units which CJH complied with. However,
even w/o debtor’s knowledge come 2008, CJH was still experiencing
2. 3rd person not interested in obligation construction delays and were therefore unable
pays w/ approval of debtor to actually transfer the units. CC filed a petition
3. Person interested in fulfillment of in court asking the latter to declare the
obligation pays debt even w/o knowledge contract as rescinded. On the other hand, CJH
of debtor (Civil Code, Art. 1302) argues that the court should just fix a period.
Decide.
Q: Distinguish expromision from delegacion. A: I will rule in favor of CC. Article 1191 of the New
A: Civil Code provides that the power to rescind
EXPROMISION DELEGACION obligations is implied in reciprocal ones in case
Intention: old debtor be released from the one of the obligors should not comply with what is
obligation incumbent upon him. Here, rescission is proper.
Consent of creditor required on both CJH and CC have reciprocal obligations since CC
Consent of creditor Consent of debtor has to complete the painting works while CJH has
and third person (initiates), creditor to pay a certain price and transfer the units.
and third person; However, despite repeated demands, CJH failed
need NOT be given to deliver the units because construction was not
simultaneously yet completed. Moreover, the obligation to fix a
Governed by the rules Same applies in the period under Article 1197 does not apply because
of payment by third absence of an the law requires that it can be inferred, from the
persons agreement nature and circumstances, that a period was
If w/o knowledge of Subrogation intended. In this case, it is clear that the obligation
debtor, beneficial to build the hotels has been dragging on for years
reimbursement, no and no period was intended by the parties since
subrogation CC had been repeatedly demanding for the
New debtor's Same UNLESS the transfer of the units. Therefore, the contract should
insolvency does NOT new debtor’s be rescinded (Camp John Hay Development v.
make old debtor liable insolvency already Charter Chemical, G.R. No. 198849, Aug. 7, 2019)
existed at the time of
the delegacion AND Q: PEZA entered into a contract with PS Corp.
(i) it was of public where the latter was to deliver two firetrucks
knowledge, or (ii) the within 45 days from the receipt of a purchase
old debtor knew of order from the former. The contract stipulated
the insolvency of the that failure to deliver the trucks on the
new debtor at the specified date will subject PS to a penalty of
time of delegacion. 0.1% of the total contract price for each day of
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delay. PEZA failed to deliver the trucks. The 5. CONTRACTS

contract was declared as rescinded by the
RTC. PEZA now asks the Court to grant a. IN GENERAL
damages based on the penalty clause provided
for in the contract. On the other hand, PS Q: When is a contract perfected?
argues that the penalty stipulation cannot be A:
recognized since the contract was rescinded, 1. Consensual contracts: As a general rule,
and therefore, only mutual restitution is contracts are perfected by mere consent of
required. Decide. the parties regarding the subject matter and
A: I will rule in favor of PEZA. Rescission under the cause of the contract. (Civil Code, Arts.
Article 1911 of the Civil Code results in mutual 1315, 1319) They are obligatory in whatever
restitution. Jurisprudence has long settled that the form they may have been entered into,
restoration of the contracting parties to their provided all the essential requisites for their
original state is the very essence of license for the validity are present. (Civil Code, Art. 1356)
negation of contractually stipulated liquidated 2. Real contracts: The exceptions are real
damages. Article 1191 itself clearly provides that contracts, which are perfected not merely by
the injured party may choose between fulfillment consent but by the actual or constructive
and rescission with the payment of damages in delivery of the object of the obligation. (Civil
either case. When the contracting parties, by their Code, Art. 1316) (e.g. commodatum, pledge,
own free acts of will, agreed on what these deposit)
damages ought to be, they established the law 3. Formal/Solemn contracts: When the law
between themselves. Therefore, the stipulation for requires that a contract be in some form to be
liquidated damages must be upheld. (PEZA v. valid (Civil Code, Art. 1356), this special form
Pilhino Sales Corp., G.R. No. 185765, Sept. 28, is necessary for its perfection. (e.g., donation
2016) of real property)
Q: What are the characteristics of a contract?

A:
1. Autonomy – freedom to stipulate; contracting
parties may establish such stipulations,
clauses, terms and conditions as they may
deem convenient;
Limitation: Must not be contrary to law,

morals, good customs, public order, or public
policy (Civil Code, Art. 1306)
2. Relativity – contracts are generally binding

only between the parties, their assigns, and
heirs except where the rights and obligations
arising from the contract are not transmissible
by their nature, or by stipulation or by provision
of law (Civil Code, Art.1311)
3. Obligatoriness – once a contract is perfected

(by mere consent), the parties are bound to
the fulfillment of what has been expressly
stipulated and compliance thereof must be in
good faith; they are also bound to all the
consequences which, according to their
nature, may be in keeping with good faith,
usage and law (Civil Code, Art. 1315)
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4. Mutuality – a contract must bind both 2. Special promise to answer for debt,
contracting parties; its validity or compliance default or miscarriage of another
cannot be left to the will of one of them (Civil 3. Agreement made in consideration of
promise to marry
Code, Art. 1308)
4. Agreement for sale of goods, chattels or
things in action at price not less than 500;
Q: Who are incapacitated to give consent? exception: auction when recorded sale in
(DD-MI) sales book
A: 5. Agreement for lease of property for more
1. Minors (Civil Code, Art. 1327). than one year and sale of real property
2. Insane or demented persons (Civil Code, regardless of price
Art. 1327), unless the contract was 6. Representation as to credit of another
entered into during a lucid interval (Civil
Code, Art. 1328) Q: What are causes which may vitiate the
3. Deaf-mutes who do not know how to write consent? (VIMFU)
(Civil Code, Art. 1327). A: A contract where consent is given through: (1)
4. In a state of Drunkenness or under a Mistake, (2) Violence, (3) Intimidation (4) Undue
hypnotic spell (Civil Code, Art. 1328) Influence; or (5) Fraud (Civil Code, Art. 1330)
Contracts entered into by the persons above are Q: What are simulated contracts?
in generally valid until annulled (voidable); A:
however, annulment cannot prosper when they 1. Absolute – the parties have no intention to be
have been ratified. (Civil Code, Art. 1390). bound at all (Civil Code, Art. 1345); void from
beginning (Civil Code, Art. 1346).
Q: X and Y, both minors, entered into a 2. Relative – the parties conceal their true
contract. Is the contract void? agreement (Civil Code, Art. 1345): the real
A: No. If both parties to a contract are incapable of agreement binds the parties when:
giving consent to a contract, the contract is a. where is no prejudice to 3rd persons;
unenforceable. (Civil Code, Art. 1403(3)). and
b. It is not contrary to law, moral, good
Q: What are the kinds of unenforceable customs, public order or public policy
contracts? (URA) (Civil Code, Art. 1346)
A:
1. Unauthorized or no sufficient authority – In absolute simulation, there is a colorable contract
Entered into in the name of another when: but the parties have no intention to be bound by it.
(Civil Code, Art. 1404) However, if the parties state a false cause in the
a. No authority conferred (Civil contract to conceal their real agreement, the
Code, Art. 1317) contract is relatively simulated and the parties are
b. In excess of authority conferred still bound by their real agreement. (Civil Code,
(ultra vires) (Civil Code, Art. 1317) Art. 1345; Valerio v. Refresca, G.R. No. 163687,
2. Curable by Ratification – Both parties Mar. 28, 2006)
incapable of giving consent (2 minor or 2
insane persons) (Civil Code, Art. 1407) Q: When can a thing be considered to be a
3. Curable by Acknowledgment – Failure to subject matter of a contract? (W-PLDT)
comply with Statute of Frauds. (Civil A:
Code, Art. 1405) 1. Within the commerce of man (Civil Code, Art.
1347) – either existing or in potency
Q: What are the unenforceable contracts under 2. Licit or not contrary to law, morals, good
the Statute of Frauds? customs, public order or public policy (Civil
A: The following contracts are unenforceable for Code, Art. 1347)
failure to comply with the Statute of Frauds: (Civil 3. Possible, legally or physically (Civil Code, Art.
Code, Art. 1403 (2)) 1348).
1. Agreement to be performed within a year 4. Determinate as to its kind or determinable
after making contract without need to enter into a new contract (Civil
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Code, Art. 1349)

5. Transmissible (Civil Code, Art.1347) However, an aggrieved party is not prevented from
extrajudicially rescinding a contract to protect its
Q: What are things which cannot be the subject interests, even in the absence of any provision
matter of a contract? (I-COFID) expressly providing for such right. When done
A: without prior judicial imprimatur, however, it may
1. Things which are Outside the commerce of still be subject to a possible court review. (Nissan
men (Civil Code, Art. 1347) Car Lease v. Lica Management, Jan. 13, 2016)
2. Intransmissible rights (Civil Code, Art. 1347)
3. Future inheritance, except in cases expressly NOTE: The act of party in treating a contract as
authorized by law (Civil Code, Art. 1347) cancelled or resolved on account of infractions by
4. Services Contrary to law, morals, good the other contracting party must be made known
customs, public order or public policy (Civil to the other and is always provisional, being ever
Code, Art. 1347) subject to scrutiny and review by the proper court.
5. Impossible things or services (Civil Code, Art. (U.P. v. delos Angeles, G.R. No. L-28602, Sept.
1348). 29, 1970)
6. Objects which are not possible of
Determination as to their kind (Civil Code, Art. Q: What is the Clean Hands Doctrine?
1349) A: States that “a litigant may be denied relief by a
court of equity on the ground that his conduct has
Q: When is a Cause of Consideration valid in been inequitable, unfair and dishonest, or
a contract? fraudulent, or deceitful as to the controversy in
A: issue.” Bad faith and fraud are allegations of fact
1. It must Exist at the time the contract is entered that demand clear and convincing proof.
into. (Civil Code, Arts. 1352 & 1409 [3]) (Department of Public Works and Highways v.
2. It must be True (Civil Code, Art .1353) Quiwa, G.R. No.183444, Feb. 8, 2012)
3. It must be Licit (Civil Code, Art. 1352)
However, an exception to this is if purpose has not
Q: What is a contract of adhesion? yet been accomplished and if damage has not
A: Its terms are prepared by only one party while been caused to any 3rd person.
the other party merely affixes his signature
signifying his admission thereto. It is binding as Q: Identify and differentiate the two types of
ordinary contracts the reason being that the party fraud in contracts.
who adheres to it is free to reject its entirety. It is A: Causal fraud and incidental fraud.
stricken down as void when the weaker party is
imposed upon in dealing with the dominant Causal fraud (Dolo Causante) is the use of
bargaining party and is reduced to the alternative insidious words or machinations by one of the
of taking it or leaving it, completely deprived of the contracting parties to induce the other party to
opportunity to bargain on equal footing. (Dio v. St. enter into a contract, which, without them, he
Ferdinand Memorial Park, Inc., G.R. No. 169578, would not have agreed to. (Civil Code, art. 1338) It
Nov. 30, 2006) is the deception employed by one party prior to or
simultaneous to the contract in order to secure the
Q: In rescission of contracts under Article consent of the other (Metropolitan Fabrics, Inc. v.
1191, must a party go to court to rescind? Prosperity Credit Resources, Inc., G.R. No.
A: Yes, except when there is a contractual 154390, Mar. 17, 2014).
stipulation authorizing a party to extrajudicially
rescind the contract. As a general rule, the power Incidental Fraud (Dolo Incidente) Deceptions or
to rescind an obligation must be invoked judicially misrepresentations which are not serious and
and cannot be exercised solely on a party’s own without which the other party would still have
judgment that the other has committed a breach of entered into the contract. It is not the cause which
the obligation. (Golden Valley v. Pinkian Mining induced the party to enter into a contract and
Company, G.R. No. 190080, June 11, 2014; see refers only to some particular or accident of the
also Nolasco v. Cuerpo, G.R. No. 210215, Dec. 9, obligations. (Geraldez v. CA, G.R. No. 108253,
2015) Feb. 23, 1994)
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contract is called commodatum; or

NOTE: In order that fraud may vitiate consent, it 2. One of the parties delivers to another
must be the causal (dolo causante), not merely the money or other consumable thing, upon
incidental (dolo incidente), inducement to the the condition that the same amount of the
making of the contract. (Ponce de Leon v. same kind and quality shall be paid, in
Rehabilitation Finance Corporation, G.R. No. which case the contract is simply called a
L24571, Dec. 18, 1970) loan or mutuum. (Art. 1933)
b. LOANS AND MORTGAGES Q: Distinguish loan from forbearance.

A: A loan is a contract where one delivers to
Q: What are credit transactions? another, either something not consumable so that
A: These include all transactions involving the the latter may use the same for a certain time and
purchase or loan of goods, services or money in return it, in which case the contract is called
the present with a promise to pay or deliver in the commodatum; or money or other consumable
future (contract of security). thing, upon the condition that the same amount of
the same kind and quality shall be paid, in which
Q: What are the 2 types of credit transactions? case the contract is simply called a loan or
1. Secured transactions – those supported mutuum. (Civil Code, Art. 1933)
by a collateral or an encumbrance of
property. Forbearance of money, goods, or credits refers to
2. Unsecured transactions – those arrangements other than loans, where a person
supported only by a promise to pay or the acquiesces to the temporary use of his money,
personal commitment of another such as goods or credit by another pending happening of
a guarantor or surety. certain events or fulfillment of certain conditions.
(Estores v. Supangan, 2012)
Q: What is a security?
A: It is something given, deposited or serving as a Q: What is the difference between a
means to ensure the fulfillment or enforcement of commodatum and a mutuum or loan?
an obligation or of protecting some interest in the A:
property.
COMMODATUM MUTUUM
Q: What are the 2 types of security?
1. Personal – when an individual becomes a As to object
surety or a guarantor.
2. Real or Property – when an encumbrance Ordinarily involves The subject matter is
is made on property (e.g., real estate something not money or other
mortgage, chattel mortgage over vessels consumable except consumable thing.
or aircrafts, or security interest over when the purpose of
movables). consumable goods is
merely for exhibition.
Q: What is a bailment? (Civil Code, Art. 1936)
A: It is the delivery of property of one person to
another in trust for a specific purpose, with a As to cause
contract, express or implied, that the trust shall be
faithfully executed and the property returned or Essentially gratuitous. May be gratuitous or with
duly accounted for when a special purpose is (Civil Code, Art. 1933) a stipulation to pay
accomplished or kept until the bailor reclaims it. Otherwise, it ceases to interest.
be commodatum.
Q: What is a contract of loan?
A: A contract of loan is a contract where: As to purpose
1. One of the parties delivers to another,
either something not consumable so that Use or temporary Consumption
the latter may use the same for a certain possession.
time and return it, in which case the
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COMMODATUM MUTUUM
Exceptions:
As to subject matter 1. If urgently need thing (may demand
return/temporary use); or
2. If the bailor may demand immediate return
Real or personal Personal property
of the thing if the bailee commits any acts
property
of ingratitude. (Civil Code, Art. 1948)
As to ownership of the thing
Q: Is the bailor obliged to refund extraordinary
Retained by the bailor Passes to the debtor expenses spent by the bailee in a
commodatum?
A: Bailor is obliged to refund extraordinary
As to return of the thing expenses provided the bailee informs the bailor
before incurring them, EXCEPT if they are so
urgent that reply cannot be awaited without
Same thing loaned Pay the same amount of danger.
the same kind and
quality However, if the extraordinary expenses arise on
occasion of actual use by bailee, even without
As to risk of loss fault, they shall be borne equally by bailor and
bailee, unless there is a stipulation to contrary.
Bailor since he is the Debtor/Bailee
owner
As to time of return Q: When is the bailee in a commodatum

entitled to the right of retention of the thing
Bailor may demand the Upon the lapse of the delivered?
return of the thing term agreed upon. A:
loaned before the General Rule: Bailee has no right of retention on
expiration of the term in the ground that the bailor owes him something.
case of urgent need
(Civil Code, Art. 1946), Exception: Art. 1951 on hidden defects (Bailor
or when the contract is who knows flaws but does not advise bailee is
precarium, in which liable to bailee for damages suffered because of
case, the bailor may flaws).
demand the return of
the thing at will. (Civil Q: What are the kinds of commodatum?
Code, Art. 1947) A:
1. Ordinary commodatum – bailee uses the thing
for a certain period of time.
Q: What are the obligations of a borrower in a 2. Precarium – bailor may demand the thing
simple loan or mutuum? loaned at will; exists in cases where:
A: The obligations of a borrower are the following: a. There is no stipulation as to the
1. Pay the creditor an equal amount of the duration of the contract or use of the
same kind and quality. (Civil Code, Art. thing loaned.
1953) b. Use of the thing is merely tolerated by
2. Pay interest, if stipulated in writing. (Civil the owner. (Civil Code, Art. 1947)
Code, Art. 1956)
Q: What are the principal obligations of a
Q: Can the bailor in a commodatum demand bailee in a commodatum?
return of the thing? A: The principal obligations of a bailee are:
A: 1. Take good care of the thing with the
General rule: No, bailor cannot demand return diligence of a good father of a family. (Civil
until after (a) expiration of period stipulated, or (b) Code, Art. 1163)
accomplishment of use for which commodatum 2. Use the thing loaned only for the purpose
was constituted. (Civil Code, Art. 1946)
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for which it was loaned and for no other danger. (Civil Code, Art. 1949, par. 1)
purpose. (Civil Code, Art. 1935) However, if the extraordinary expenses
3. Payment of the ordinary expenses for the arise on the occasion of the actual use by
use and preservation of the thing loaned. the bailee, even though he acted without
(Civil Code, Art. 1941) fault, they shall be borne equally by both
4. Payment of a portion of extraordinary the bailor and the bailee, unless there is a
expenses arising from the actual use of stipulation to the contrary. (Civil Code, Art.
the thing, which shall be borne by both the 1949, par. 2)
bailor and the bailee, even though the 3. Be liable for damages which the bailee
bailee acted without fault, unless there is may suffer for failure of the bailor to advise
a stipulation to the contrary. (Civil Code, the former of flaws (hidden defects) of the
Art. 1949, par. 2) thing loaned which are known to him.
5. Return and to not retain the thing loaned (Civil Code, Art. 1951)
except for damages mentioned in Art.
1951, Civil Code. Q: What is a Real Estate Mortgage?
A: Real [Estate] Mortgage is a contract whereby
Q: When is the bailee in a commodatum liable the debtor secures to the creditor the fulfillment of
for the loss of the thing which is the object of a principal obligation, specially subjecting to such
the contract, even if such loss is due to a security immovable property or real rights over
fortuitous event? immovable property in case the principal obligation
A: The bailee is liable for the loss of the thing, even is not complied with at the time stipulated. (Civil
if it should be through fortuitous event: Code, Arts. 2124-2131)
1. If he devotes the thing to any purpose
different from that for which it has been Q: Can a mortgage be constituted without any
loaned. prior principal obligation?
2. If he keeps it longer than the period A: No. A Mortgage, being a purely accessory
stipulated, or after the accomplishment of contract, like a guarantee cannot exist without a
the use which the commodatum has been valid obligation. (Art. 2052 & 2086; Manila Surety
constituted. & Fidelity Co. v. Velayo, G.R. No. L-21069)
3. If the thing loaned has been delivered with
the appraisal of its value, unless there is a Q: What kinds of obligations do mortgages
stipulation exempting the bailee from secure?
responsibility in case of a fortuitous event. A: A Contract of mortgage may secure all kinds of
4. If he lends or leases the thing to a third obligation, be they pure or subject to a suspensive
person, who is not a member of his or resolutory condition.
household.
5. If, being able to save either the thing to a Q: What is the effect of a promise to constitute
third person or his own thing, he chose to a mortgage?
save the latter. (Civil Code, Art. 1942) A: A promise to constitute a mortgage gives rise
only to a personal right binding upon the parties
Q: What are the obligations of a bailor in and creates no real right in the property. What
commodatum? exists is only a right of action to compel the
A: The obligations of a bailor are the following: fulfillment of the promise, but there is no mortgage
1. Respect the duration of the loan because yet.
the bailor is bound by the terms of the
contract of commodatum which is for a
certain time or accomplishment of a Q: What is the effect of the invalidity of the
purpose. (Civil Code, Art. 1946) mortgage on the principal obligation?
2. Refund to the bailee extraordinary A: The principal obligation remains valid and the
expenses incurred for the preservation of deed of mortgage remains as the evidence of the
the thing, provided the bailee brings the personal obligation. (Rural Bank of Cabadbaran,
same to the knowledge of the bailor before Inc. v. Melecio-Yap, G.R. No. 178451, 2014)
incurring them, except when the reply to
the notification cannot be awaited without
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Q: Can future property be the object of a real However, the amounts named as consideration in
estate mortgage? a contract of mortgage do not limit the amount for
A: No. In order to bring future property within the which the mortgage may stand as security if from
coverage of the mortgage, the mortgagor must the four corners of the instrument the intent to
execute a mortgage supplement after the secure future and other indebtedness can be
mortgagor acquires ownership of the properties or gathered. (Ramos vs. PNB, G.R. No. 178218,
after those properties come into existence. They 2011)
must be registered with the relevant Register of
Deeds. In the absence of clear and supportive evidence of
a contrary intention, a mortgage containing a
However, a stipulation subjecting to the mortgage dragnet clause will not be extended to cover future
lien, improvements which the mortgagor may advances, unless the document evidencing the
subsequently acquire, install, or use in connection subsequent advance refers to the mortgage as
with the real property already mortgaged providing security therefor.
belonging to the mortgagor is valid. (People’s
Bank and Trust Co. v. Dahican Lumber Co., G.R. Q: Distinguish a dragnet clause from an
No. L-17500, 1967) acceleration clause.
A: A dragnet clause is a stipulation in a REM
Q: What is the extent of a mortgage over an contract that extends the coverage of a mortgage
immovable property? to advances or loans other than those already
A: A real estate mortgage constituted on obtained or specified in the contract. A dragnet
immovable property is not limited to the property clause may refer to past or future debts. (Paradigm
itself but also extends to its: Development Corp. of the Philippines v. Bank of
1. Accessions the Philippine Islands, 2017) In turn, an
2. Improvements acceleration clause is a stipulation stating that,
3. Growing fruits on the occasion of the mortgagor’s default in
4. Rents or income paying an installment of a debt, the whole sum that
5. Proceeds of insurance should the property remains unpaid automatically becomes due and
be destroyed. payable. (Luzon Development Bank v. Conquilla,
6. Expropriation value of the property should 2005)
it be expropriated. (Civil Code, Art. 2127)
Q: What is the reliance on the security test?
To exclude them, it is necessary that there be an A: This test applies when there is a dragnet clause
express stipulation. But if the mortgaged estate in a mortgage contract but there is a mortgage
passes into the hands of a third person, the constituted on another property to secure a
mortgage does not extend to any machinery, subsequent loan.
object, chattel or construction which he may have
brought or placed there and which such third When the mortgagor takes another loan for which
person may remove whenever it is convenient for another security was given it could not be inferred
him to do so. that such loan was made in reliance solely on the
original security with the "dragnet clause," but
Q: What is a dragnet clause? rather, on the new security given. (See Prudential
A: It is one which is specifically phrased to Bank v. Alviar, G.R. No. 150197, 2005)
subsume all debts of past or future origins. A
mortgage which provides a dragnet clause is in the Q: Can the mortgage credit be alienated or
nature of a continuing guaranty and constitutes an assigned?
exception to the rule that an action to foreclose a A: Yes, and this may be done by the mortgagee
mortgage must be limited to the amount without the consent of the debtor, except if there
mentioned in the mortgage contract. (PCSO vs. is a stipulation against alienation. Alienation of the
New Dagupan Metro Gas Corp., G.R. No. 173171, mortgage credit is valid even if it is not registered.
2012) Registration is necessary only to affect third
persons. (Civil Code, Art. 2128)
As a general rule, a mortgage liability is usually
limited to the amount mentioned in the contract.
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Note that the sale or transfer of the mortgaged A: The action to recover a deficiency prescribes
property cannot affect or release the mortgage; after 10 years from the time the right of action
thus, the purchaser or transferee is necessarily accrues (Civil Code, Arts.1142 & 1144)
bound to acknowledge and respect the
encumbrance. (Garcia vs. Villar, G.R. No. 158891, Q: When does the right to file an action for
2012) collection of debt or foreclosure accrue?
A: In order that the debtor may be in default, it is
Q: Can the collateral be alienated during the necessary that: (a) the obligation be demandable
mortgage? and already liquidated; (b) the debtor delays
A: Yes. The law considers void any stipulation performance; and (c) the creditor requires the
forbidding the owner from alienating the performance judicially or extrajudicially, unless
immovable mortgaged. (Civil Code, Art. 2130) demand is not necessary.
Q: What is the concept of foreclosure? Thus, default only arises when demand to pay is
A: Foreclosure is the remedy available to the unnecessary, or when such demand is required
mortgagee by which he subjects the mortgaged and made by the mortgagee but is refused by the
property to the satisfaction of the obligation to mortgagor. Hence, it is at this point where the
secure which the mortgage was given. mortgagee obtains the right to file an action to
collect the debt or foreclose the mortgage.
NOTE: A foreclosure sale retroacts to the date of (Maybank Philippines., Inc. v. Spouses Tarrosa,
registration of the mortgage. Thus, a person who G.R. No. 213014, 2015)
takes a mortgage in good faith and for valuable
consideration, the record showing clear title to the Q: What is the rule with respect to the family
mortgagor, will be protected against equitable home?
claims on the title in favor of third persons of which A: The family home is exempt from execution,
he had no actual or constructive notice. (St. forced sale or attachment, except for debts
Dominic Corp., vs. IAC, G.R. Nos. 70623 & L- secured by mortgages on the premises before
48630, 1987) or after such constitution. (Art. 155, Family
Code; Fortaleza vs. Lapitan, G.R. No. 178288,
Q: Can mere inadequacy of the price nullify a 2012; Parcon-Song v Parcon, G.R. No. 199582.
foreclosure sale? July 7, 2020)
A: No. Mere inadequacy of the price obtained at
the sheriff’s sale will not be sufficient to set aside Q: What is the rule with respect to foreclosure
the sale unless “the price is so inadequate as to of mortgages over loans granted by Rural
shock the conscience of the court” taking into Banks?
consideration the peculiar circumstances A: Under the Rural Banks Act, the foreclosure and
attendant thereto. (Sulit vs. CA, G.R. No. 119247, executions of judgments thereon involving real
1997). properties levied upon by a sheriff shall be exempt
from publication where the total amount of the
Q: Can the accessions of the property also be loan, including interests due and unpaid, does not
foreclosed? exceed P10,000.00. (Menzon v. Rural Bank of
A: Yes. Absent an adverse claimant or any Buenavista, Inc., G.R. 178031, 2013)
evidence to the contrary, all accessories and
accessions accruing or attached to the mortgaged Q: What is judicial foreclosure and what is the
property are included in the mortgage contract and procedure for such?
may thus also be foreclosed with the principal A: It is the judicial action instituted in the proper
property in the case of nonpayment of the debt court which has jurisdiction over the area wherein
secured. (PNB vs. Maranon, G.R. No. 189316, the real property involved or a portion thereof is
2013) situated. It is quasi in rem in nature and survives
the death of the mortgagor. (Rule 68, Rules of
Q: What is the prescriptive period to recover Court)
the deficiency after foreclosure?
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The followings steps illustrate judicial foreclosure: 6. Remedy of party aggrieved by foreclosure is
(Rule 68) a petition to set aside sale and cancellation of
1. Court orders mortgagor to pay the writ of possession;
mortgage debt with interest and other 7. Republication is necessary for the validity of
charges within a period of not less than 90 a postponed foreclosure sale (parties have no
days nor more than 120 days from the right to waive the publication requirement).
entry of judgment; and a sale will be
conducted and the property will be NOTE: Unless the parties stipulate, personal
awarded to the highest bidder at public notice to the mortgagor in extrajudicial foreclosure
auction, should the mortgagor fail to pay proceedings is not necessary because Section 31
at the time directed; of Act No. 3135 only requires posting of the notice
2. The sale will be confirmed. This operates of sale in three public places and the publication of
to divest the rights of all parties in the that notice in a newspaper of general circulation.
action and to vest their rights to the (Ramirez v. TMBC, G.R. No. 198800, 2013)
purchase, subject to the right of
redemption allowed by law. NOTE: Extra-judicial foreclosure before a notary
3. The judgement will be executed. public is valid under Act No. 3135. (Tagunicar v.
4. Application of proceeds of sale to: Lorna Express,G.R. No. 138592, 2006).
a. Costs of the sale
b. Amount due the mortgagee;
c. Claims of junior encumbrances or Q: What is the procedure for Extra-judicial
persons holding subsequent Foreclosure?
mortgages in the order of their A: Procedure for Extra-judicial Foreclosure of Real
priority; and Estate Mortgage (Act No. 3135)(Act No. 1508,
d. The balance, if any, shall be paid A.M. N0. 99-10-05-0; January 15, 2000) (ARC-
to the mortgagor. DIP-RET)
5. Sheriff’s Certificate of sale is executed, 1. Filing of Application before the Executive
acknowledged and recorded to complete Judge through the Clerk of Court;
the foreclosure. 2. Clerk of Court will examine whether the
Requirements of the law have been
Q: What is the nature of Extra-judicial complied with, that is, whether the notice
Foreclosures? of sale has been posted for not less than
A: Extra-judicial Foreclosures are governed by 20 days in at least 3 public places of the
Act No. 3135, as amended. municipality or city where the property is
situated, and if the same is worth more
The following are the characteristics of the same: than P400.00, that such notice has been
1. Express authority to sell is given to the published once a week for at least 3
mortgagee; consecutive weeks in a newspaper of
2. Authority is not extinguished by death of general circulation in the city or
mortgagor or mortgagee; municipality;
3. Public sale should be made after proper 3. The Certificate of sale must be approved
notice (posting and publication); by the Executive Judge;
4. Surplus proceeds of foreclosure sale belong 4. In extrajudicial foreclosure of real
to the mortgagor or his assigns; mortgages in Different locations covering
5. Debtor has the right to redeem the property one indebtedness, only one filing fee
sold. Debtors who are natural persons can corresponding to such debt shall be
redeem within 1 year from registration of the collected;
certificate of sale with the Register of Deeds. 5. The Clerk of Court shall Issue certificate of
Debtors who are juridical persons can payment indicating the amount of
redeem within 3 months from foreclosure sale indebtedness, the filing fees collected, the
or before registration of the certificate of sale mortgages sought to be foreclosed, the
with the Register of Deeds, whichever is first. description of the real estates and their
(Section 47 of RA 8791 or the General respective locations;
Banking Law of 2000) 6. The notice of sale shall be Published in a
newspaper of general circulation;
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7. The application shall be Raffled among all A:

sheriffs; 1. Where there is Right to Redeem.
8. After the redemption period has Expired, a. General rule: Inadequacy of price is
the Clerk of Court shall archive the immaterial because the judgment
records; and debtor may redeem the property.
9. Previously, the rule was that no auction b. Exception: The price is so
sale shall be held unless there are at least inadequate as to shock the
Two participating bidders, otherwise the conscience of the court taking into
sale shall be postponed to another date. If consideration the peculiar
on the new date there shall not be at least circumstances. The sale will be set
2 bidders, the sale shall then proceed. The aside.
names of the bidders shall be reported by 2. Property may be sold for less than its fair
the Sheriff or the Notary Public who market value upon the theory that the lesser
conducted the sale to the Clerk of Court the price the easier for the owner to redeem.
before the issuance of the certificate of
sale. On January 30, 2001, the Supreme The value of the mortgaged property has no
Court issued a resolution amending bearing on the bid price at the public auction,
paragraph 5 of A.M. 99-10-05-0 explicitly provided that the public auction was regularly and
dispensing with the "two-bidder rule." honestly conducted.
Q: Can the mortgagee recover the deficiency? Q: Can the creditor waive the security?
A: It is settled that if the proceeds of the sale are A: Yes. The Mortgagee may waive right to
insufficient to cover the debt in an extrajudicial foreclose his mortgage and maintain a personal
foreclosure of mortgage, the mortgagee is entitled action for recovery of the indebtedness. However,
to claim the deficiency from the debtor. While Act. the remedies are alternative, not cumulative.
No. 3135 does not discuss the mortgagee’s right
to recover the deficiency, neither does it contain Options of the mortgagee in case the debtor-
any provision expressly or impliedly prohibiting mortgagor dies:
recovery. (BPI vs. Avenido, G.R. No. 175816,
1. To waive mortgage and claim entire debt
2011)
from the mortgagor’s estate as an
ordinary claim;
Q: What happens if the property is not 2. To judicially foreclose mortgage and
redeemed? prove any deficiency; or
A: After the expiration of the redemption period 3. To rely on the mortgage exclusively
without redemption having been made by without filing a claim for deficiency
petitioner, respondent became the owner thereof
and consolidation of title becomes a right. Being
Q: What is redemption?
already then the owner, respondent became
A: Redemption is a transaction by which the
entitled to possession. Petitioner already lost his
mortgagor reacquires or buys back the property
possessory right over the property after the
which may have passed under the mortgage or
expiration of the said period. (Spouses Gatuslao v.
divests the property of the lien which the mortgage
Yanson, G.R. No. 191540, 2015)
may have created.
Q: Is the stipulation of an Upset Price or “tipo”

Q: What are the Kinds of Redemption?
allowed?
A: Equity of redemption and right of redemption.
A: No. A stipulation of minimum price at which the
property shall be sold to become operative in the
(1) Equity of redemption: Right of the mortgagor
event of a foreclosure sale at public auction is null
to redeem the mortgaged property after his default
and void, for the property must be sold to the
in the performance of the conditions of the
highest bidder. (de Leon & de Leon, Jr, citing
mortgage but before confirmation of the sale.
Banco Espanol Filipino v. Donaldson, 5 Phil. 418)
a. Applies to judicial foreclosure of real
mortgage and chattel mortgage
Q: What is the effect of inadequacy of price in foreclosure.
a foreclosure sale?
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b. A second mortgagee acquires only the into an indivisible whole. (PBCOM v. Macadaeg,
equity of redemption vested in the 109 Phil. 981 (1960))
mortgagor, and his rights are strictly
subordinate to the superior lien of the first Q: Does the Doctrine of Indivisibility of
mortgagee. Mortgage still apply once the mortgage has
been extinguished by foreclosure?
NOTE: Redemption of property where the A: The doctrine of indivisibility of mortgage does
mortgagee is a banking institution is allowed within not apply once the mortgage is extinguished by a
1 year from the date of the registration of the complete foreclosure thereof. Nothing in the law
confirmation of sale. prohibits the piecemeal redemption of properties
sold at one foreclosure proceedings. (Yap vs. Dy,
(2) Right of redemption: right of the mortgagor to Sr., G.R. Nos. 171868 & 171991, 2011).
redeem the property within a certain period after it
was sold for the satisfaction of the debt. Q: How should redemption be performed?
a. Applies only to extrajudicial foreclosure of A: The general rule in redemption is that it is not
real mortgage. sufficient that a person offering to redeem
b. EXC: The right of redemption is also manifests his desire to do so; The statement of
available in judicial foreclosure, in cases intention must be accompanied by an actual and
where the mortgagee is a bank. (Section simultaneous tender of payment; In case of
47 of RA 8791 or the General Banking disagreement over the redemption price, the
Law of 2000) redemptioner may preserve his right of redemption
through judicial action, which in every case, must
NOTE: The right of redemption, as long as within be file within the one-year period of redemption.
the period prescribed, may be exercised (Torbela vs. Rosario, G.R. Nos. 140528 & 140553,
irrespective of whether or not the mortgagee has 2011)
subsequently conveyed the property to some other
party (Sta. Ignacia Rural Bank, Inc. v. CA, G.R.
No. 97872, 1994)
Q: What is the Doctrine of Indivisibility of

Mortgage?
A: Mortgage is indivisible, except:
1. Where each one of several things
guarantee a determinate portion of credit.
2. Where only portion of loan was released.
Example: X borrowed 80k from the bank
and he mortgaged his 100 ha. property.
Lender was only able to release 40k due
to CB restrictions. The Court held that the
bank can only foreclose on 50% of the
mortgaged land (50 hectares) (Central
Bank v. CA, G.R. No. L-45710, 1985)
3. Where there was failure of consideration.
NOTE: The rule that real property, consisting of

several lots which should be sold separately,
applies to sales in execution, and not to
foreclosure of mortgages.
Q: Does the placing of multiple mortgages in

one document make an indivisible whole?
A: The mere embodiment of a real estate
mortgage and a chattel mortgage in one document
does not have the effect of fusing both securities
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Q: What are the statutory periods of redemption?

A:
EXTRAJUDICIAL FORECLOSURE
JUDICIAL FORECLOSURE
PERIODS OF (Act no. 3135)
REDEMPTION
Banks Non-Banks Banks Non-Banks
Individual debtors 1 year from 1 year from 1 year from N/A [Equity of
/ mortgagors registration of the registration of the registration of the Redemption
certificate of sale certificate of sale with certificate of sale with Only]
with Registry of Registry of Deeds. Registry of Deeds.
Deeds.
Juridical persons 3 months after 3 months after 1 year from N/A [Equity of
as debtors / foreclosure or foreclosure or before registration of the Redemption
mortgagors before registration of certificate of sale with Only]
registration of certificate of Registry of Deeds.
certificate of foreclosure
foreclosure whichever is earlier
whichever is
earlier (General
Banking Law,
Sec. 47)
The right of legal redemption must be exercised within specified time limits. However, the statutory period
of redemption can be extended by agreement of the parties. (Republic vs. Marawi-Marantao General
Hospital, G.R. No. 158920, 2012)
As a rule, the period of redemption is not tolled by the filing of a complaint or petition for annulment of the
mortgage and the foreclosure sale conducted pursuant to the said mortgage.
Q: How do you determine the Redemption

Price? NOTE: Redemption price in this case is reduced
A: by the income received from the property.
1. Mortgagee is not a bank (Act No. 3135 in
relation to Sec. 28, Rule 39 of Rules of Court) Q: What are Junior Mortgagees?
a. Purchase price of the property; A: After the foreclosure sale, there remains in the
b. 1% interest per month on the second mortgagee a mere right of redemption. His
purchase price; remedy is limited to the right to redeem by paying
c. Taxes paid and amount of off the debt secured by the first mortgage.
purchaser’s prior lien, if any, with the
same rate of interest computed from He is entitled to the payment of his credit the
the date of registration of sale, up to excess of the proceeds of the auction sale (in
the time of redemption. judicial foreclosure).
2. Mortgagee is a bank (Section 47, General
Banking Act of 2000) In case the credit of the first mortgagee has
a. Amount due under the mortgage absorbed the entire proceeds of the sale, the
deed; second mortgage is extinguished, since the
b. Interest at the rate specified in mortgage cannot be enforced beyond the total
mortgage; value of the mortgaged property.
c. Cost and expenses incurred by bank
from sale and custody less income
derived
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Q: What is a Mortgagee in Possession? court conditioned that he will pay all the damages
A: One who has lawfully acquired actual or which the bank may suffer by the enjoining or the
constructive possession of the premises restraint of the foreclosure proceeding.” (The
mortgaged to him, standing upon his rights as General Banking Law of 2000, Section 47)
mortgagee and not claiming under another title, for
the purpose of enforcing his security upon such Q: What is the distinction between Redemption
property or making its income help to pay his debt. and Repurchase?
A: The right to redeem becomes functus oficio at
The rights of the first mortgage creditor or the end of the redemption period, and its exercise
mortgage over the mortgaged properties are after the period is not really one of redemption but
superior to those of a subsequent attaching a repurchase. Distinction must be made because
creditor and other junior mortgagees. (Lee vs. redemption is by force of law; the purchaser at
Bangkok Bank Public Company, Ltd. G.R. No. public auction is bound to accept redemption.
173349, 2011) Repurchase however of foreclosed property, after
redemption period, imposes no such obligation.
Q: What are the Rights and Obligations of the After expiry, the purchaser may or may not re-sell
Mortgagee in Possession? the property but no law will compel him to do so.
A: And, he is not bound by the bid price; it is entirely
1. Similar to an antichresis creditor – entitled to within his discretion to set a higher price, for after
retain such possession until the indebtedness all, the property already belongs to him as owner.
is satisfied and the property redeemed.
2. Without right to reimbursement for useful Q: What are the Essential Requisites of
expenses Mortgage? (FAVFAP):
A:
Q: What is a Writ of Possession? 1. Constituted to secure the Fulfillment of a
A: Order whereby the sheriff is commanded to principal obligation;
place in possession of real or personal property 2. Mortgagor be the Absolute owner of the
the person entitled thereto such as when a thing pledged or mortgaged;
property is extrajudicially foreclosed. 3. Mortgagor has Free disposal of the
property, and in the absence thereof, that
The issuance of the writ of possession in an he be legally authorized for the purpose;
extrajudicial foreclosure is merely a ministerial 4. Cannot exist without a Valid obligation;
function. 5. When the principal obligation becomes
due, the thing in which the mortgage
The purchaser at the foreclosure sale is entitled as consists may be Alienated for the
of right to a writ of possession. payment to the creditor; and
6. Appears in a Public document duly
Before lapse of redemption period – file an ex recorded in the Registry of Property to be
parte application and file a bond [validly constituted].
NOTE: If the instrument is not recorded,
After lapse of redemption period – file an ex parte the mortgage is nevertheless binding
application and no need for a bond (PBCom v. between the parties.
Yeung, G.R. No. 179691, 2013)
Q: What is the Doctrine of Mortgagee in Good
“Purchaser at the auction sale concerned whether Faith?
in a judicial or extrajudicial foreclosure shall have A: Under the Doctrine of “Mortgagee in Good
the right to enter upon and take possession of Faith”, even if the mortgagor is not the owner of
such property immediately after the date of the the mortgaged property, the mortgage contract
confirmation of the auction sale and administer the and any foreclosure sale arising therefrom are
same in accordance with law. Any petition in court given effect by reason of public policy; Even if the
to enjoin or restrain the conduct of foreclosure mortgagor is not the rightful owner of, or does not
proceedings instituted pursuant to this provision have a valid title to, the mortgaged property, the
shall be given due course only upon the filing by mortgagee in good faith is, nonetheless, entitled to
the petitioner of a bond in an amount fixed by the protection. (Torbela vs. Rosario, G.R. Nos.
140528 &140553, 2011)
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When a mortgagee relies upon what appears on discovery of any anomaly, or anything that would
the face of a Torrens title and lends money in all arouse suspicion, the bank should not be liable.
good faith on the basis of the title in the name of Such is the case when the TCT is clean, bearing
the mortgagor, only thereafter to learn that the no annotations evidencing any trust, lien, or
latter’s title was defective, being thus an innocent encumbrance on the property, not forged or fake.
mortgagee for value, his or her right or lien upon There is also no showing that the bank was aware
the land mortgaged must be respected and of any defect or any other conflicting right on the
protected. (Mahinay vs. Gako, Jr., G.R. Nos. title when the property was mortgaged to it. In fact,
165338 & 179375, 2011) the investigation of the property would still fail to
bring any doubt as to the validity of the TCT (i.e.,
BUT: A bank whose business is impressed with the title owners were in actual possession of the
public interest is expected to exercise more care property). (Parcon-Song v Parcon, G.R. No.
and prudence in its dealings than a private 199582. July 7, 2020)
individual, even in cases involving registered
lands. A bank cannot assume that, simply because Q: Can an entrustee mortgage property held in
the title offered as security is on its face free of any trust?
encumbrances of lien, it is relieved of the A: An entrustee under a trust receipt does not
responsibility of taking further steps to verify the have a right to mortgage the property held in trust.
title and inspect the properties to be mortgaged. This is because the entrustor, not the entrustee, is
the owner of the property in trust. A mortgage must
In order for a mortgagee to invoke the doctrine of be executed by the absolute owner of the chattels
mortgagee in good faith, the impostor must have to be valid (DBP vs. Prudential Bank, 2005;Art.
succeeded in obtaining a Torrens title in his name 2085 (2)).
and thereafter in mortgaging the property. Where
the mortgagor is an impostor who only pretended Q: Can a person mortgage conjugal property
to be the registered owner, and acting on such without the consent of his or her spouse?
pretense, mortgaged the property to another, the A: Real estate mortgage over a conjugal property
mortgagor evidently did not succeed in having the is void if the non-contracting spouse did not give
property titled in his or her name, and the consent (PNB v. Venancio Reyes, Jr., G.R. No.
mortgagee cannot rely on such pretense as what 212483, 2016)
appears on the title is not the impostor's name but
that of the registered owner. (Ruiz v. Dimailig, G.R. Generally, mortgage of a conjugal property by one
No. 204280, 2016) of the spouses without the consent of the other
spouse is valid only as to ½ of the entire property.
BUT: SC has held in a case that while the bank
failed to exercise greater care in conducting the Q: What is a Legal mortgage?
ocular inspection of the properties offered for A: The persons in whose favor the law establishes
mortgage, its omission did not prejudice any a mortgage have no other right than to demand the
innocent third parties because the cause of the execution and the recording of the document in
mortgagors' defective title was the simulated sale which the mortgage is formalized.
between the buyer/mortgagor and seller (the latter
questioning the validity of the mortgage). Thus, no Q: What are the incidents of Registration of
amount of diligence in the conduct of the ocular Mortgage?
inspection could have led to the discovery of the A:
complicity between the ostensible 1. Mortgagee entitled to registration of mortgage
mortgagors/buyer and the true owners/seller. In as a matter of right.
fine, the bank can hardly be deemed negligent. 2. Proceedings for registration do not determine
Thus, the bank was considered as a mortgagee in validity of mortgage or its effect.
good faith (Philippine Banking Corporation v. Dy, 3. Registration is without prejudice to better right
G.R. No. 183774, 2012) of third parties.
4. Mortgage deed once duly registered forms
ALSO: SC has held that a bank should not part of the records for the registration of the
necessarily be made liable if it did not investigate property mortgaged.
or inspect the property. If the circumstances reveal 5. Mortgage by surviving spouse of his/her
that an investigation would still not yield a undivided share of conjugal property can be
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registered.
NOTE: The nullity of the stipulation does not affect
Q: What are the Essential Requisites Common validity and efficacy of the principal contract.
to Mortgage Contracts? (FARVAS)
A: c. INTEREST
1. Constituted to Secure the fulfillment of a
principal obligation; Q: What are the two types of interest?
2. Mortgagor be the Absolute owner of the thing A: The two types of interest are the following:
mortgaged; 1. Monetary or conventional interest – refers
3. The persons constituting the mortgage have to the compensation set by the parties for
the Free disposal of their property, and in the the use or forbearance of money; and
absence thereof, that they be legally 2. Compensatory interest – interest that may
authorized for the purpose; be imposed by law or by courts as penalty
4. Cannot exist without a Valid obligation; for damages. (Hun Hyung Park v. Eung
5. Debtor Retains the ownership of the thing Won Choi, G.R. No. 220826, March 27,
given as a security; and 2019)
6. When the principal obligation becomes due,
the thing in which the mortgage consists may NOTE: Compensatory/penalty/indemnity interest
be Alienated for the payment to the creditor. refers to damages paid arising from delay in
paying a fixed sum of money or delay in assessing
NOTE: Third persons who are not parties to the and paying damages. (Sps. Abella v. Sps. Abella,
principal obligation may secure the latter by G.R. No. 195165, July 08, 2015)
mortgaging their own property (Art. 2085;
Chinabank vs. QBRO Fishing Enterprises, G.R. Q: When will interest due and unpaid earn
No. 184556, 2012) interest?
A: Generally, interest due and unpaid shall not
Q: What are the rights of the Creditor where the earn interest, except:
Debtor fails to comply with his obligation? 1. Interest due shall earn legal interest from
A: the time it is judicially demanded, although
1. Creditor is merely entitled to move for the sale the obligation may be silent upon this
of the thing mortgaged with the formalities point. (Civil Code, Art. 2212)
required by law in order to collect. 2. If there is agreement to this effect. (Civil
2. Creditor cannot appropriate to himself the Code, Art. 1959)
thing nor can he dispose of the same as
owner. NOTE: Interest on interest refers to interest due on
conventional interest. (Sps. Abella v. Sps. Abella,
Q: What are the requisites of Pactum G.R. No. 195165, July 08, 2015)
Commissorium?
A: Q: When will the debtor be liable for interest
1. There should be a mortgage; and even in the absence of stipulation to pay
2. There should be a stipulation for an automatic interest?
appropriation by the creditor of the property in A: Generally, no interest shall be due unless it has
the event of nonpayment.(Pen v. Julian, G.R. been expressly stipulated in writing. (Civil Code,
No. 160208, January 11, 2016) Art. 1956) In the following instances, interest is
due even if not expressly stipulated:
1. If the obligation consists in the payment of
Q: What is the effect of Pactum a sum of money, and the debtor incurs in
Commissorium? delay, the indemnity for damages, there
A: Stipulation is null and void - stipulation where being no stipulation to the contrary, shall
thing mortgaged shall automatically become the be the payment of the interest agreed
property of the creditor in the event of nonpayment upon, and in the absence of stipulation,
of the debt within the term fixed. The essence of the legal interest, which is six per cent per
pactum commissorium is that ownership of the annum (Civil Code, Art. 2209); or
security will pass to the creditor by the mere 2. Interest due shall earn legal interest from
default of the debtor. (Spouses Solitarios v. the time it is judicially demanded, although
Spouses Jaque, G.R. No. 199852, 2014)
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the obligation may be silent upon this unless compounded interest is expressly
point. (Civil Code, Art. 2212) stipulated by law or regulation.
Q: What is the legal interest rate? Interest due on the principal amount accruing as
A: Beginning July 1, 2013, the rate of interest on of judicial demand shall SEPARATELY earn legal
the loan or forbearance on money, goods, or interest at the prevailing rate prescribed by the
credits and the rate allowed in judgments, in the Bangko Sentral ng Pilipinas, from the time of
absence of stipulation, shall be 6% per annum judicial demand UNTIL FULL PAYMENT.
(BSP Circular No. 799).
(3) When the obligation, not constituting a loan or
However, judgments that became final and forbearance of money, goods, credits or
executory before July 1, 2013 shall continue to judgments, is breached, an interest on the amount
apply the previous legal rate of 12% per annum of damages awarded may be imposed in the
(NACAR v. Gallery Frames Inc., G.R. No. 189871, discretion of the court at the prevailing legal
2013). interest prescribed by the Bangko Sentral ng
Pilipinas, pursuant to Articles 2210 and 2011 of the
Q: What are the rules in the computation of Civil Code. No interest, however, shall be
legal interest? adjudged on unliquidated claims or damages until
A: The Supreme Court, in Lara’s Gifts & Decors v. the demand can be established with reasonable
Midtown Industrial Sales, G.R. No. 225433, 2019, certainty.
modified the new guidelines on the imposition of
interest as provided in Eastern Shipping Lines v. Accordingly, where the amount of the claim or
CA, G.R. No. 97412, 1994 and NACAR v. Gallery damages is established with reasonable certainty,
Frames, G.R. No. 189871, 2013: the prevailing legal interest shall begin to run from
the time the claim is made extrajudicially or
(1) When the obligation is breached, and it judicially (Civil Code, Art. 1169) UNTIL FULL
consists in the payment of a sum of money, i.e., a PAYMENT, but when such certainty cannot be so
loan or forbearance of money, goods, credits or reasonably established at the time the demand is
judgments, the interest due shall be that which is made, the interest shall begin to run only from the
stipulated by the parties in writing, provided it is not date of the judgment of the trial court (at which time
excessive and unconscionable, which, in the the quantification of damages may be deemed to
absence of a stipulated reckoning date, shall be have been reasonably ascertained) UNTIL FULL
computed from default, i.e., from extrajudicial or PAYMENT.
judicial demand in accordance with Article 1169 of
the Civil Code, UNTIL FULL PAYMENT, without The actual base for the computation of the interest
compounding any interest unless compounded shall, in any case, be on the principal amount
interest is expressly stipulated by the parties, by finally adjudged, without compounding any
law or regulation. interest unless compounded interest is expressly
stipulated by law or regulation.
Interest due on the principal amount accruing as
of judicial demand shall SEPARATELY earn legal Q: Must the manner of compounding the
interest at the prevailing rate prescribed by the interest also be in writing?
Bangko Sentral ng Pilipinas, from the time of A: In a loan agreement, compounding of interest
judicial demand UNTIL FULL PAYMENT. has to be in writing to be valid. Payment of
monetary interest shall be due only if: (1) there
(2) In the absence of stipulated interest, in a loan was an express stipulation for the payment of
or forbearance of money, goods, credits or interest; and (2) the agreement for such payment
judgments, the rate of interest on the principal was in writing. The first requirement does not only
amount shall be the prevailing legal interest entail reducing in writing the interest rate to be
prescribed by the Bangko Sentral ng Pilipinas, earned but also the manner of earning the same,
which shall be computed from default, i.e., from if it is to be compounded. (Albos v. Embisan, G.R.
extrajudicial or judicial demand in accordance with No. 210831, 2014)
Article 1169 of the Civil Code, UNTIL FULL
PAYMENT, without compounding any interest
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Q: What is a usury? pay the correct amount of indebtedness and the

A: It may be defined as contracting for or receiving debtor’s failure to pay such. (Heirs of Espiritu v.
something in excess of the amount allowed by law Sps. Landrito, G.R. No. 169617, April 4, 2007)
for the loan or forbearance of money, goods or
chattels. (De Leon, citing Tolentino v. Gonzales, 6. TORTS, QUASI-DELICTS
50 Phil. 558 (1927)).
Q: What is a “quasi-delict”?
While it is true that the interest ceilings set by the A: Whoever by act or omission causes damage to
Usury Law are no longer in force, it has been held another, there being fault or negligence, is obliged
that PD 1684 and CB Circular 905 merely allow to pay for the damage done. Such fault or
contracting parties to stipulate freely on any negligence, if there is no pre-existing contractual
adjustment in the interest rate on a loan by relation between the parties, is called a quasi-
forbearance of money but do not authorize a delict and is governed by the provisions of this
unilateral increase of the interest rate by one party Chapter. (Civil Code, Art. 2176)
without the other's consent (PNB v. CA, G.R. No.
L-26001, 1968). Q. What are the elements of a quasi-delict?
A: (DFA-CONOPRE)
Q: When is the Usury Law’s effectivity 1. Damage suffered by plaintiff
suspended? 2. Fault or Negligence of the defendant, or
A: The Monetary Board of Central Bank issued CB some other person whose acts he must
Circular 905, effective January 1, 1983, removed respond
the ceilings on interest rate on loans or 3. Connection of cause and effect between
forbearance of money, goods, or credit. The the fault or negligence of the defendant
Circular did not repeal nor in any way amend the and the damages incurred by the plaintiff
Usury Law but simply suspended the latter’s 4. No pre-existing contractual relation
effectivity. Interest can now be charged as lender between the parties
and borrower may agree upon. (Medel v. Court of (Andamo v. International Appellate Court
Appeals, G.R. No. 131622, November 27, 1998) G.R. No. 74761, 1990)
Q: Distinguish escalation clauses from floating Q. What is a tort?
rate of interest clauses. A: Acts that give rise to civil liability but are not
A: Escalation clauses are stipulations which necessarily the consequences of crimes or
allow for the increase (as well as the mandatory contractual obligations. (Paras, Pre-week
decrease) of the original fixed interest rate. In turn, Handbook in Civil Law, p. 588, 2012)
floating rate of interest refers to the variable
interest rate stated on a market-based reference Q: Explain the differences between tort and
rate agreed upon by the parties. The former refers breach of contract.
to the method by which fixed rates may be A: Their differences are as follows:
increased, while the latter pertains to the interest 1) Negligence is direct, substantive, and
rate itself that is not fixed. (Security Bank Corp. v. independent in TORT while in BREACH
Spouses Mercado, 2018) OF CONTRACT, negligence is merely
incidental to the performance of the pre-
Q: What is the effect of failing to pay a debt existing contractual obligation;
with usurious/ unconscionable interest on the
2) In TORT, the defense of a “good father of
validity of a foreclosure?
a family” is complete insofar as parents,
A: If the foreclosure arises out of the failure to pay
guardians, and employers are concerned
a mortgage indebtedness that has been grossly
while this is not a complete defense in
inflated by unconscionable interest, the
BREACH OF CONTRACT;
foreclosure sale cannot be given any effect. A
foreclosure must be conditioned on the debtor’s
3) There is no presumption of negligence in
TORT and it is incumbent upon the
failure to pay the correct amount of the unpaid
plaintiff to prove the negligence of a
obligation, which cannot include unconscionable
defendant while in BREACH OF
interest charges. However, the terms of the
CONTRACT, negligence is presumed
mortgage remain effective, and foreclosure
from the breach itself and the burden is on
proceedings may be instituted after a demand to
the defendant to prove that there was no
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negligence in carrying out its obligations although farther in time in relation to the injury, if
(Orient Freight v. Keihin-Everett, G.R. No. the happening of it sets other foreseeable events
191937, 2017) into motion resulting ultimately in the damage.
(Abrogar v. Cosmos Bottling Co., G.R. No.
Q: What is the test for determining negligence? 164749, 2017)
A: Did the defendant in doing the alleged negligent
act use that reasonable care and caution which an Q: Differentiate between proximate cause and
ordinarily prudent person would have used in the contributory negligence.
same situation? If not, then he is guilty of A:
negligence. (Picart v. Smith, G.R. No. L-12219, Proximate Contributory
1918) Cause Negligence
Q: When is negligence presumed? When his When his
A: Negligence is presumed in the following cases: negligence negligence
1. When res ipsa loquitur applies; contributes to the contributes only to
2. When the principle of negligence per se principal his own injury, in
applies (negligence as a matter of law, or Nature
occurrence as conjunction with
where the defendant has violated a one of its the occurrence
statute, ordinance, or traffic regulation); determining
3. When the defendant is a person who may factors
be held vicariously liable under Art. 2180
(proving that the elements of quasi-delict Plaintiff cannot Plaintiff can
are present as to the tortfeasor); and recover recover but liability
4. When death or injury results from the Effect of defendant is
defendant’s possession of dangerous mitigated (Civil
weapons or substances, such as Code, Art. 2179,)
firearms or poison, unless the defendant
proves that his possession of these is
indispensable to his business. (Civil Code, Q: What is an efficient intervening cause?
Art. 2188) A: An intervening cause, to be considered
efficient, must be one not produced by a wrongful
Q: Is good faith a complete defense in tort act or omission, but independent of it, and
cases? adequate to bring the injurious results.
A: No. Good faith is irrelevant in negligence cases,
particularly, in cases involving quasi-delicts under Any cause intervening between the first wrongful
Art. 2176. It is irrelevant for purposes of cause and the final injury which might reasonably
determining liability. It is relevant only for purposes have been foreseen or anticipated by the original
of determining the extent of recoverable damages. wrongdoer is not such an efficient intervening
But for purposes of determining liability, good faith cause as will relieve the original wrong of its
is not a defense in negligence cases. Further, the character as the proximate cause of the final
presence of good faith does not foreclose a injury. (Abrogar v. Cosmos Bottling Co., G.R. No.
violation of Articles 19 and 21 of the Civil Code on 164749, 2017)
abuse of rights. (Orient Freight v. Keihin-Everett,
G.R. No. 191937, 2017) Q: Define the doctrine of last clear chance.
A: Also known as the “Doctrine of Discovered
Q: What is proximate cause? Peril” or the “Doctrine of Supervening
A: Proximate cause is that cause, which, in natural Negligence.” Where both parties are guilty of
and continuous sequence, unbroken by any negligence, but the negligent act of one succeeds
efficient intervening cause, produces the injury that of the other by an appreciable interval of time,
and without which the result would not have the person who has the last fair chance to avoid
occurred. (Vda. de Bataclan v. Medina, G.R. No. the impending harm and fails to do so is
L-10126, 1957) chargeable with the consequences, without
reference to the prior negligence of the other party.
The negligence need not be the event closest in (Picart v. Smith Jr., G.R. No. L- 12219, 1918).
time to the injury; a cause is still proximate,
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In cases where the doctrine of last clear chance is Q: Define res ipsa loquitur.
applicable, the person who has the last clear A: The thing or transaction speaks for itself. This
chance is entirely liable without reference to the rule allows a disputable presumption or inference
negligence of the other party. No of negligence to arise against a defendant when
apportionment/mitigation of liability. (Philippine these requirements are present:
National Railways Corporation v. Natividad, G.R. 1) The accident is of such nature that it does
No. 190022, 2012) not ordinarily occur unless the defendant
was negligent;
Q: Define assumption of risk in quasi-delict 2) The thing or instrumentality that caused
cases. the injury was under the exclusive
A: One who voluntarily exposes himself to an management or control of the defendant;
obvious, known and appreciated danger assumes and
the risk of injury that may result therefrom. Volenti 3) The injury suffered by the plaintiff must not
Non Fit Injuria – No wrong is done to him who have been due to any voluntary action or
consents. contribution on his part. (D.M Consunji v.
Court of Appeals, G.R. No. 137873, 2001)
As a defense in negligence cases, the doctrine
requires the concurrence of three elements, NOTE: The doctrine is based on the theory of
namely: necessity, or the fact that no direct evidence is
1. The plaintiff must know that the risk is available to the plaintiff to prove the defendant’s
present; negligence (this is considered in some cases to be
2. He must further understand its nature; and a 4th requirement). (Huang V. Philippine Hoteliers,
3. His choice to incur it must be free and Inc. G.R. No. 180440, 2012)
voluntary.
Q: Define Damnum Absque Injuria.
Only an ordinary, known, or normal risk is covered A: Damage without injury. In order that an award
by the doctrine of assumption of risk. of damages may be proper, the damage sustained
by the plaintiff must proceed from some legal injury
The doctrine only applies to ordinary risks caused by the defendant. In other words, there
associated with an activity (e.g., death is not an must be damnum et injuria, or the concurrence of
ordinary risk associated with a marathon, and three (3) elements:
therefore, it cannot be argued that a person who 1) Injury, or the illegal invasion of the
dies because he is hit by a vehicle while running a plaintiff’s legal right by the defendant;
marathon assumed the risk of death). Also, a 2) Damage, which is the hurt or harm
person who does not comprehend the risk sustained by the plaintiff; and
involved in a known situation because of his youth, 3) Damages, which is the compensation
or lack of information or experience, will not be awarded by the courts for the damage
taken to consent to assume the risk. (Abrogar v. suffered by the plaintiff on account of the
Cosmos Bottling Co., G.R. No. 164749, 2017) injury inflicted by the defendant. (Spouses
Custodio v. Court of Appeals, G.R. No.
Q: What is the controlling rule in breach of 116100, 1996)
contracts simultaneously giving rise to an
obligation based on quasi-delict? Q: Define vicarious liability.
A: Not every act that results in a breach of contract A: Obligations arising from quasi-delict are
simultaneously gives rise to an obligation based demandable not only for one’s own acts or
on quasi-delict. In situations where the contractual omissions, but also for those of persons for whom
relation is indispensable to hold a party liable, one is responsible. Article 2180 of the Civil Code
there must be a finding that the act or omission provides that a person is not only liable for
was done in bad faith/gross negligence and in one's own quasi-delictual acts, but also for
violation of Article 21 to give rise to an action those persons for whom one is responsible
based on tort. (Orient Freight International Inc. v. for. (Spouses Jayme v. Apostol, G.R. No. 163609,
Keihin-Everett Forwarding Company, Inc. G.R. 2008)
No. 191937, 2017)
This is based on the theory of imputed negligence
where certain persons should exercise either
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absolute or limited control or influence over the assigned tasks, even though the former
tortfeasor are disputably presumed negligent in are not engaged in any business or
their supervision of the tortfeasor. This disputable industry.
presumption of negligence may be overcome 4. The State is responsible in like manner
when the persons sought to be held vicariously when it acts through a special agent; but
liable prove that they observed ordinary diligence not when the damage has been caused by
to prevent damage, or in the selection and the official to whom the task done properly
supervision of their employees (in the case of pertains.
employers). (Professional Services, Inc. v. Agana, 5. Teachers or heads of establishments of
G.R. Nos. 126297, 126467, & 127590, 2007) arts and trades, for damages caused by
their pupils and students or apprentices,
Q: Distinguish vicarious liability from so long as they remain in their custody.
respondeat superior. (Civil Code, Art. 2180)
A: Persons who are vicariously liable are held
liable for their own negligence in failing to diligently The responsibility treated of in this article shall
supervise the tortfeasor, and not for the cease when the persons mentioned prove that
negligence of the tortfeasor per se. Vicarious they observed all the diligence of a good father of
liability is not based on the common law concept a family to prevent damage.
of respondeat superior where persons are
conclusively presumed negligent on account of the Q: Discuss the summary of rules when a child
negligence of the tortfeasor, and where the commits a tort.
negligence of the tortfeasor is considered to be the A:
negligence of his master (Example: agency, 1. Establish or look at the age of the child.
breach of contract, and subsidiary liability in case 2. General rule if the child is below 18:
of crimes). (Delsan Transport v. C&A The parents or persons exercising
Construction, G.R. No. 156034, 2003; Light Rail substitute parental authority are
Transit Association v. Navidad, G.R. No. 145804, vicariously liable.
2003) 3. Except: When the child is in the
supervision, instruction or custody of the
Q: Who are vicariously liable under Art. 2180? persons or entities exercising special
A: The obligation imposed by article 2176 is parental authority. In which case, the
demandable not only for one’s own acts or person or entity exercising special
omissions, but also for those of persons for whom parental authority shall be held directly
one is responsible. and primarily liable.
4. Exception to the exception: If the parents
1. The father and, in case of his death or exercising special parental authority is
incapacity, the mother, are responsible for insolvent or they establish that they
the damages caused by the minor children observed due diligence to prevent
who live in their company. damage, then the parents or persons
exercising substitute parental authority will
NOTE: Because vicarious liability is based be subsidiarily liable.
on parental authority, with the introduction 6. General rule if the child is 18-21: Then
of the Family Code, parental authority is the parents will be liable under Art.
now jointly exercised by the parents. 2180(2).
Therefore, the order of preference
established in 2180(2) no longer applies. Q: What is the nature of the liability of parents
(Libi v. IAC, G.R. No. 70890, 1992) when a child commits a tort?
A: The nature of the liability of parents is not
2. Guardians are liable for damages caused merely subsidiary. Their liability is primary. This is
by the minors or incapacitated persons whether or not the damage caused by their minor
who are under their authority and live in child arose from quasi-delict or from a criminal act.
their company. This is also the reason why parents can avoid
3. Employers shall be liable for the damages liability if they will be able to show that they have
caused by their employees and household acted with the diligence required by law. Because
helpers acting within the scope of their if their liability is merely subsidiary, they can never
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pose the defense of diligence of a good father of a circumstances of the persons, time, and place. If
family. (Libi v. IAC, G.R. No. 70890, 1992) the law or contract does not state the diligence to
be observed, that which is expected of a good
Q: Enumerate the people exercising substitute father of a family (or ordinary diligence) shall be
parental authority in order of preference. required. (Civil Code, Art. 1173)
(GGEsC)
A: Q: Define strict liability tort.
1. Judicially appointed guardian A: Torts where the defendant may be held liable
2. Surviving grandparent pursuant to Art. 214 although he did not act with fault or negligence
of the Family Code (Example: Under Article 2183, possessors or
3. Eldest sibling over 21 unless unfit or users of animals are held liable even though the
disqualified animals escaped or were lost). (Civil Code, Arts.
4. Actual custodian over 21 and unless unfit 2183, 2187, & 2193).
or disqualified.
Q. When is the driver of a motor vehicle
NOTE: For foundlings, abandoned, neglected, or presumed negligent?
abused (FANA) children under Art. 217 of the A:
1. At the time of the mishap, he was violating any
Family Code, the orphanage or institution in
traffic regulation. (Civil Code, Art. 2185)
charge of the foundling abandoned, neglected, 2. He had been found guilty of reckless driving or
or abused child shall exercise substitute parental violating traffic regulations at least twice within
authority. (Civil Code, Art. 2180) the next preceding two months. (Civil Code,
Art. 2185)
Q: What must the plaintiff generally prove
against the employer in order make him liable Q. When does presumption of negligence arise
against common carriers?
for the acts/omissions of employees?
A:
A:
• Common carriers, by reason of the nature
1. That the employee is liable under Art. 2176;
of their business, should observe
2. An employer-employee relationship exists;
extraordinary diligence in the vigilance
and
over the goods they carry (Civil Code, Art.
3. That the employee was acting within the
1733)
scope of his assigned tasks. (De Llana v.
Biong, G.R. No. 182356, 2013) • In case of loss of the goods, the common
carrier is presumed to have been at fault
or to have acted negligently. (Civil Code,
Q: What is the defense of the employer to
Art. 1735)
prevent liability for the acts/omissions of • In case of death of or injuries to
employees? passengers, common carriers are
A: In order to overcome the presumption of presumed to have been at fault or to have
negligence that arises against an employer by acted negligently. (Civil Code, Art, 1756)
virtue of the tort committed by the employee, both
have to be established: Q: Clinic A conducts medical examinations of
1. Due diligence in the selection; and prospective OFWs, while Agency B is engaged
2. Due diligence in the supervision. in the business of deploying OFWs. In January
2008, Agency B referred Mr. C to Clinic A for
Evidence of one or successfully proving one is as the conduct of medical tests (including for
good as successfully proving nothing. Proof of only Hepatitis). Clinic A gave Mr. C a clean bill of
due diligence in the selection, but not in health, and Agency B deployed him to Saudi
Arabia. Upon Mr. C’s arrival in Saudi Arabia in
supervision, will not absolve liability. (Safeguard
March 2008, and he was again tested for
Security v. Tangco, G.R. No. 165732, 2006) Hepatitis. He tested positive and was
repatriated. Agency B claimed that Clinic A
Q: Define standard of care. was negligent in conducting Mr. C’s medical
A: The diligence required by the nature of the examination, and should be held liable for
obligation, and corresponds with the
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expenses incurred by Agency B in deploying take a picture of them. The Birdie suit is made
Mr. C. Is Clinic A liable under Article 2176? of thick leather. The person inside the costume
A: No. Agency B failed to prove Clinic A’s can only see and hear through Birdie’s
negligence in conducting the medical tests in “mouth”, which means that his abilities to see
January 2008. Negligence is defined as the failure and hear are impaired. Birdie also had “wings”
to observe for the protection of the interests of instead of “hands”. Mother said “pa-picture”
another person, that degree of care, precaution, and, without waiting for the person inside the
and vigilance which the circumstances justly Birdie suit to acknowledge her statement and
demand, whereby such other person suffers injury. hold the baby, Mother let go of her baby and
Here, Mr. C tested positive for Hepatitis in March stepped back from the chair. The baby fell and
2008, or 2 months after the tests conducted by was injured. Mother sued Restaurant for
Clinic A. Agency B failed to prove that Mr. C damages based on quasi-delict. Is Restaurant
already had Hepatitis as at January 2008, which liable?
should have been detected by Clinic A. It is A: No. It was Mother’s own negligence that was
possible that Mr. C contracted Hepatitis after the the immediate and proximate cause of her baby’s
tests administered by Clinic A. Thus, Agency B injury. As mentioned in the facts, the Birdie suit is
failed to prove Clinic A’s negligence, and is thus made of thick leather, and the person inside the
not entitled to recover any damages from Clinic A. costume can only see and hear through Birdie’s
(St. Martin Polyclinic, Inc. v. LWV Construction “mouth”, which means that his abilities to see and
Corp., G.R. No. 217426, 2017) hear are impaired. Birdie also had “wings” instead
of “hands” which means that the person inside the
Q: Dr. B operated on A to correct A’s fractured costume could not securely hold persons or
jaw. Due to not having the right size of screws, objects handed to him. Mother did not even wait
Dr. B cut the screws he had on hand to fit. The for the person inside the Birdie costume to
right-sized screws were available for acknowledge her request, and she was thus
purchase, but Dr. B did not inform A because negligent in leaving her baby on the chair
he assumed the latter would not be able to expecting that the person inside the costume
afford them. After the operation, A was in would hold her baby. (Spouses Latonio v.
excruciating pain. X-rays showed that one of McGeorge Food Industries, Inc., G.R. No. 206184,
the screws used by Dr. B hit A’s molar. A thus 2017)
went to Dentists C who removed and replaced
the screws used by Dr. B. A demanded Q: KE Inc. and MS entered into an agreement
reimbursement from Dr. B for the expenses he with the former providing trucking services to
incurred in connection with the operation the latter. KE subsequently subcontracted the
performed by Dentist C. Dr. B refused to pay. A services to OF Inc. One day, MS called KE’s
thus filed a civil case for damages against Dr. sales manager about a column which the
B. Did Dr. B violate the doctrine of informed former saw in a newspaper tabloid, narrating
consent? the police interception of a stolen truck filled
A: Yes, because: (1) he had the duty of disclosing with MS’ products. KE subsequently asked OF
to A the risks of using the larger screws; (2) he about the incident but the latter downplayed it.
failed to disclose these risks to A, because he Dissatisfied, KE independently investigated
assumed that A could not afford the more the incident and discovered that the truck and
expensive smaller/correct screws; (3) had been its contents had gone missing. OF thereafter
informed that the larger screws are not appropriate admitted that its previous report was
and that an additional operation might be required erroneous and the theft was proven. MS pre-
to replace the screws Dr. B intended to use, A terminated its agreement with KE on the
would not have agreed to the operation; and (4) A ground of loss of confidence. KE filed a case
experienced pain and could not heal properly against OF for damages. Can OF be held liable
because one of the screws used by Dr B hit his under Article 2176 of the Civil Code?
molar. (Rosit v. Davao Doctors Hospital, G.R. No. A: No. According to jurisprudence, where there is
210445, 2015) a pre-existing contractual obligation between the
parties, the breaching party may not be held liable
Q: Mother placed her 8-month old baby (who for tort but for breach of contract (except when the
could not yet stand on his own) on a chair in said breach would also give rise to an extra-
front of Birdie (the mascot) so that she could contractual liability had there been no contract).
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The general rule applies in this case as the facts exists a cause of action, which consists of 3
reveal that OF’s duty to investigate arose because elements, namely:
of its subcontracting agreement with KE. OF’s 1. a right in favor of the plaintiff by whatever
negligence did not create the vinculum juris with means and under whatever law it arises or
KE which should have given rise to the tort. Thus, is created;
OF cannot be held liable fort tort under Article 2. an obligation on the part of defendant to
2176 but it should be held for breach of contract. respect such right; and
3. an act or omission on the part of such
Q: May a hospital be held liable for the defendant violative of the right of the
negligence committed by its doctors, who are plaintiff.
not its employees?
A: Yes. The court as applied the doctrine of 7. DAMAGES
agency by estoppel to hold hospitals liable for the
negligent acts of physicians. This doctrine applies Q: What are the kinds of damages?
when: A: Damages may be:
1. The hospital represents that a physician or 1. Actual or compensatory;
doctor is its employee or agent (example: 2. Moral;
displaying the doctor’s name in the 3. Nominal;
hospital lobby); and 4. Temperate or moderate;
2. The patient relies on such 5. Liquidated; or
representations. (Professional Services, 6. Exemplary or corrective. (Civil Code, Art.
Inc. v. Agana, G.R. No. 126297, 2007) 2197)
Q: What are the elements of the “Doctrine of Q: What are the kinds of actual damages?
Informed Consent”? A:
A: The elements are: 1. Civil indemnity for death (Civil Code, Art.
1. The physician had a duty to disclose 2206)
material risks; 2. Lost profits (Civil Code, Art. 2200)
2. He failed or inadequately disclosed those 3. Attorney’s fees
risks; 4. Value of the loss sustained (Civil Code,
3. As a direct and proximate result of the Art. 2199)
failure to disclose, the patient consented 5. Interest (Civil Code, Art. 2210)
to the treatment, which he or she would 6. Injury to business standing or commercial
otherwise not have consented to; and credit (Civil Code, Art. 2205 (2))
4. The patient was injured by the proposed 7. Temporary or permanent loss of earning
treatment. (Li v. Soliman, G.R. No. capacity. (Civil Code, Art. 2205 (1))
165279, 2011)
In actions based on torts or quasi-delicts, actual
Q: Define the doctrine of attractive nuisance. damages include all the natural and probable
A: One who maintains on his premises dangerous consequences of the act or omission complained
instrumentalities or appliances of a character likely of. There are two kinds of actual or compensatory
to attract children i n play, and who fails to exercise damages:
ordinary care to prevent children from playing 1. Daño Emergentee - The loss of what a
therewith or resorting thereto, is liable to a child of person already possesses.
tender years who is injured thereby, even if the 2. Lucro Cesante - The failure to receive as
child i s technically a trespasser in the premises. a benefit that would have pertained to him.
(Jarco Marketing Corp. v. Court of Appeals, G.R. (PNOC Shipping v. Court of Appeals, G.R.
No. 129792, 1999; Hidalgo Enterprises, Inc. v. No. 107518, 1998)
Balandan, G.R. No. L-3422, 1952)
Q: When are nominal damages awarded?
Q: When does the action based on quasi-delict A: Nominal damages are adjudicated in order that
prescribe? a right of the plaintiff, which has been violated or
A: Must be instituted within 4 years from the day invaded by the defendant, may be vindicated or
the quasi-delict is committed. (Civil Code, Art. recognized, and not for the purpose of
1146). The right of action accrues when there
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indemnifying the plaintiff for any loss suffered by Q: Is the award of damages completely barred
him. (Civil Code, Art. 2221) in the absence of competent proof?
A: Hearsay evidence, whether objected to or not,
Q: What are liquidated damages? has no probative value. Accordingly, damages
A: Those agreed upon by the parties to a contract, may not be awarded on the basis of hearsay
to be paid in case of breach thereof. (Civil Code, evidence.
Art. 2226,)
However, the absence of competent proof on the
Q: When may liquidated damages be reduced? actual damage suffered, a plaintiff is entitled to
A: nominal damages which, as the law says, is
1. Iniquitous or unconscionable adjudicated in order that a right of the plaintiff,
2. Partial or irregular performance (Civil Code, which has been violated or invaded by defendant,
Art. 1229) may be vindicated and recognized, and not for the
purpose of indemnifying the plaintiff for any loss
Q: What are temperate or moderate damages? suffered. (Civil Code, Art. 2221)
A: More than nominal but less than compensatory
where some pecuniary loss has been suffered but Q: May loss of earning capacity be awarded as
its amount cannot be proved with certainty due to damages for the death of a minor child who has
the nature of the case. (Civil Code, Art. 2224) no history of earnings?
A: Yes. Art. 2206 (1) of the CC provides that
In cases where the resulting injury might be damages for Loss of Earning Capacity (LEC) shall
continuing and possible future complications be assessed and awarded by the court “unless the
directly arising from the injury, while certain to deceased on account of permanent physical
occur are difficult to predict, temperate damages disability not caused by the defendant, had no
can and should be awarded on top of actual or earning capacity at the time of his death”.
compensatory damages; in such cases there is no Damages for LEC may be awarded to a minor’s
incompatibility between actual damages and heirs although he had no history of earnings
temperate damages. because compensation of this nature is awarded
not for the loss of time or earnings, but for the loss
of the deceased’s power or ability to earn money.
Q: What are exemplary damages? (Spouses Pereña v. Spouses Zarate, G.R. No.
A: Imposed by way of example or correction for 157917, 2012)
the public good, in addition to the moral,
temperate, liquidated damages or compensatory Q: What damages may be awarded in cases of
damages. (Civil Code, Art. 2229) death?
A: The damages that may be awarded include the
Q: Who has the burden of proof to recover following: (CALSIME)
damages? 1) Civil indemnity, which is the award given to
A: To enable an injured party to recover actual or the heirs as a form of compensation for the
compensatory damages, he is required to prove death of the victim. Its grant is mandatory and
the actual amount of loss with reasonable degree does not require proof other than the fact of
of certainty premised upon competent proof and death as the result of the crime or quasi-delict,
on the best evidence available. The burden of and the fact that the accused was responsible
proof is on the party who would be defeated if no therefor. The Civil Code fixes a minimum
evidence would be presented on either side. He amount of P3,000 and does not fix a
must establish his case by a preponderance of maximum. (People v. Oandasan, Jr., G.R. No.
evidence. A court cannot merely rely on 194605, 2016)
speculations, conjectures, or guesswork as to the 2) Actual damages (e.g., for hospitalization,
fact and amount of damages as well as hearsay or funeral expenses, etc.). If the amount of these
uncorroborated testimony whose truth is suspect. expenses is not fully substantiated through
(Heirs of Justiva v. Gustilo, G.R. No. L-16396, receipts, temperate damages may be
1963) awarded in lieu of actual damages. (Art. 2224,
CC; Lim v. Tan, G.R. No. 177250, 2016)
3) Actual damages for Loss of earning capacity
(LEC), which are computed as follows:
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Damages for LEC =2/3(80-X) multiplied by Net ———— end of topic ————
Annual Income where:
a) “X” is the deceased or permanently
incapacitated person’s age at the time
of the accident; and
b) “Net Annual Income” is equivalent to a
person’s Gross Annual Income less
Necessary and Living Expenses (in
the absence of evidence, it is
presumed that Necessary and Living
Expenses are equal to half a person’s
Gross Annual Income).
● The formula may be modified
at the court’s discretion, as
when a minor who was not yet
earning is involved.
c) “X” may be fixed at 21, instead of the
person’s age at the time of his death
or permanent incapacity. Courts may
presume that persons graduate from
college at the age of 21, and it is only
then that they would start earning a
livelihood
d) “Net Annual Income” may be
computed on the basis of the
prevailing minimum wage for workers
in the non-agricultural sector at the
time of the minor’s death or
permanent incapacity. (Spouses
Pereña v. Spouses Zarate, G.R. No.
157917, 2012; and Abrogar v.
Cosmos Bottling Co., G.R. No.
164749, 2017)
4) Support for a period not exceeding 5 years to
persons whom the deceased was obliged to
support (Art. 2206 [2], CC);
5) Interest, which may be awarded in the
discretion of the court (Art. 2211);
6) Moral damages (but only to the spouse,
legitimate and illegitimate ascendants and
descendants) (Art. 2206 [3], CC);
7) Exemplary damages.
Q: A criminal case for libel was filed on day 1.

May a civil case for the recovery of damages
based on the same act constituting the crime
of libel be filed on day 2?
A: Yes. Article 33 provides an independent civil
action in cases of fraud, defamation, and physical
injuries. This action may proceed simultaneously
and independently of the criminal action. The
outcome of this independent civil action does not
depend on the outcome of the criminal case,
subject only to the prohibition against double
recovery. (Civil Code, Art. 33)
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B. COMMERCIAL LAW 1. CORPORATIONS
TOPIC OUTLINE UNDER THE SYLLABUS: a. KINDS OF CORPORATIONS,

INCLUDING CORPORATION SOLE
B. COMMERCIAL LAW
1. Corporations Q: What is the definition of a Corporation?
a. Kinds of corporations, including A: It is an artificial being created by operation of
corporations sole law, having the right of succession and the
b. Composition of/membership in powers, attributes and properties expressly
board of directors authorized by law or incident to its existence.
c. Powers, duties and prerogatives (Revised Corporation Code [“RCC”], Sec.2)
of boards of directors and
stockholders Q: What are the attributes of a corporation?
d. Articles of incorporation (AOS-P)
e. By-laws A:
2. Intra -corporate dispute (concept) a. Artificial being with separate and distinct
3. Intellectual property personality;
a. Copyright b. Created by Operation of law;
b. Fair use principle c. Has the right of Succession;
c. Moral rights d. Has the Powers and attributes conferred
4. Insurance by law or incident to its existence. (RCC,
a. What can be insured Sec. 2)
b. Claims for life insurance
5. Republic Act No. 10173 (Data Privacy Act
Q: What are the Classes of Corporations?
of 2012)
A:
In Relation to the State

PUBLIC PRIVATE
CORPORATION CORPORATION
Government owns or Organized by private

holds the controlling persons alone or with
interest; the Government;
Created by a special Generally, created

law constituting its under a general law
charter; (e.g., RCC);
For a public purpose. Generally, for profit.
Government Owned or Controlled Corporation

(GOCC) refers to any agency organized as a stock
or nonstock corporation, 1 vested with functions
relating to public needs whether governmental or
proprietary in nature, and owned by the
Government of the Republic of the Philippines
directly or through its instrumentalities either
wholly or, where applicable as in the case of stock
1
As these terms are defined in the Corporation
Code and whether formed under the Revised
Corporation Code or by special charter.
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corporations, to the extent of at least a majority of

its outstanding capital stock. As To Existence of Stocks
Stock corporations are those which have capital
Government Instrumentality refers to stock divided into shares and are authorized to
instrumentalities or agencies of the government, distribute to the holders of such shares, dividends,
which are neither corporations nor agencies or allotments of the surplus profits on the basis of
integrated within the departmental framework, but the shares held.
vested by law with special functions or jurisdiction,
endowed with some if not all corporate powers, Nonstock corporations are those where no part
administering special funds, and enjoying of its income is distributable as dividends to its
operational autonomy usually through a charter. members, trustees, or officers
Cited in Republic v. Heirs of Bernabe, G.R. No.
237663, [October 6, 2020]) but the doctrinal basis
STOCK NON-STOCK
of which is in Manila International Airport Authority
(RCC, Sec. 3) (RCC, Sec. 86-87)
v. Court of Appeals [G.R. No. 155650, July 20,
2006, 495 SCRA 591]. Those which have One where no part of its
capital stock divided into income is distributable
As to Place of Incorporation shares and are as dividends to its
1. Domestic – one incorporated under laws of the authorized to distribute members, trustees or
Philippines to the holders of such officers;
2. Foreign – one formed, organized or existing shares, dividends or
under any laws other than those of the allotments of the surplus
Philippines, and whose laws allow Filipino profits on the basis of the
citizens and corporations to do business in its shares held;
own country. (RCC, Sec. 140)
Free transferability of Membership and all
As To Legal Status stocks; rights arising therefrom
1. De jure corporation – Corporation are purely personal and
organized in accordance with non-transferable
requirements of law; (unless otherwise
2. De facto corporation (RCC, Sec. 19) provided in the articles
a. A corporation claiming in good of incorporation)
faith to be a corporation under the
Corporation Code but where there Incorporators may be Juridical persons may
exists a flaw in its incorporation, any person, partnership, be members of a non-
or it falls short of the requirements association or stock corporation,
provided by law. corporation (RCC, sec. provided that they have
b. Elements: (LAGI) 10); a representative for the
i. Valid Law under which purposes of qualifying
incorporated; Natural persons who are them as incorporators;
ii. Assumption of corporate licensed to practice a
powers; profession, and
iii. Attempt in Good faith to partnerships or
incorporate or “colorable associations organized
compliance;” and for the purpose of
iv. Issuance of certificate of practicing a profession,
incorporation. (Arnold shall not be allowed to
Hall v. Piccio, G.R. No. L- organize as a
2598, 1950) corporation unless
3. Corporation by estoppel - There is a otherwise provided
corporation by estoppel when persons under special laws;
assume to act as a corporation knowing it
to be without authority to do so. (RCC, Non-voting stocks may Members may be
Sec. 20; Macasaet v. Co, Jr. G.R. No. still vote on certain denied entirely of their
156759, 2013) matters (RCC, sec. 6); voting rights in the
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NOTE: A stock corporation may be converted into

STOCK NON-STOCK
a non-stock corporation by mere amendment of
(RCC, Sec. 3) (RCC, Sec. 86-87)
the articles of incorporation. On the other hand, a
articles of incorporation non-stock corporation must be dissolved first and
or by-laws; thereafter, the members may organize the stock
corporation. (See VILLANUEVA, PHILIPPINE
Proxy representation Proxy representation CORPORATE LAW 901-902 (2013))
cannot be denied; may be denied in
articles of incorporation As To Control
or by-laws; a. Holding company – one that controls
another as a subsidiary or affiliate by the
Delinquency of stock Right to vote or be power to elect its management; one which
automatically suspends voted upon is holds shares in other companies for
the right to vote or be suspended only when purposes of control rather than for mere
voted upon; the delinquent investment. (SEC Opinion No. 15-15)
stockholder is b. Affiliate company – one that is subject to
disenfranchised under common control of a parent or holding
the articles of company and operated as part of a
incorporation or by- system. (SEC Opinion No. 15-15)
laws; c. Parent and subsidiary companies – when
a corporation has a controlling financial
Quorum is determined Quorum is determined interest in one or more corporations, the
by the number of by the number of actual one having control is known as the “parent
outstanding voting living members with company” and the controlled corporations
stocks; voting rights; are known as the “subsidiary companies”.
Only cumulative voting GR: straight voting As To Purpose of Incorporation

EX: cumulative voting, a. Municipal corporation
only if in articles of b. Religious corporation
incorporation or by- c. Educational corporation
laws d. Charitable, Scientific or Vocational
corporation
The number of directors The number of trustees e. Business corporation
in the Board of Directors in the Board of
must not be more than Trustees may exceed As To Number of Members
15 directors; 15 trustees; a. Aggregate – a corporation which consists
of many persons united to form a body
Board appoints the Board appoints the politic and corporate (IEMELIF v. Lazaro,
officers officers. Members may G.R. No. 184088, 2010).
also directly elect b. Corporation sole – Formed by one person
officers, unless who may be the chief archbishop, bishop,
otherwise provided in minister, rabbi, or other presiding elder of
the articles of any religious denomination, sect or
incorporation of by- church. (RCC, Sec. 108)
laws c. Close Corporation - a corporation where
stockholders of record shall not exceed
Dissolution = corporation Dissolution = twenty (20) (RCC, Sec. 95)
can no longer carry on its corporation can no d. One Person Corporation - a corporation
business enterprise longer carry on its with a single stockholder. Only a natural
operations as a person, trust, or an estate may form a One
corporation. If it does, it Person Corporation. (RCC, Sec. 115)
will only be deemed an
ordinary association Q: What is a non-stock corporation?
without juridical A: A non-stock corporation is one where no part of
personality. its income is distributed as dividends to its
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members, trustees, or officers, subject to the restrictions on transfer permitted by Title

provisions of the Corporation Code on dissolution. XII of the RCC; and
(RCC, Secs. 86 – 87) 3. The corporation shall not list in any stock
exchange or make any public offering of
Requisites: any of its stock of any class.
1. Does not have a capital stock divided into
shares NOTE: A corporation shall not be deemed a close
2. No part of its income is distributable as corporation when at least two-thirds (2/3) of its
dividends to its members voting stock or voting rights is owned or controlled
3. They must be formed or organized for sny by another corporation which is not a close
of the purposes specified in Sec. 87 corporation within the meaning of the Revised
Corporation Code. (RCC, Sec. 95)
Q: What are the purposes provided by law for
non-stock corporations? Q: What is a corporation sole and its
A: A non-stock corporation may be formed or nationality?
organized for the following purposes: A: It is a special form of corporation, usually
a. Charitable, associated with the clergy and consists of one
b. Religious, person only and his successors, which is
c. Educational, incorporated by law for the purpose of
d. Professional, administering and managing, as trustee, the
e. Cultural, affairs, property and temporalities of any religious
f. Recreation, denomination, sect or church to give some legal
g. Fraternal, capacities and advantages.
h. Literary,
i. Scientific, A corporation sole does not have any nationality
j. Social, but for purposes of applying our nationalization
k. Civic Service, laws, nationality is determined by the nationality of
l. Similar purposes, like trade, industry, the members (Roman Catholic Apostolic Church
agriculture and like chambers, or v. LRC, G.R. No. 8451, 1957).
m. Any combination of thereof (RCC, Sec.
87) Q: What is the composition of a Corporation
Sole?
Q: What is the treatment of profits earned by a A: A corporation sole may be formed by the chief
non-stock corporation? archbishop, bishop, priest, minister, rabbi, or other
A: The mere fact that a non-stock corporation may presiding elder of such religious denomination,
earn profit does not make it a profit-making sect or church, for the purpose of administering
corporation, where such profit is used to carry out and managing, as trustee, the affairs, property and
the purposes set forth in the Articles of temporalities of any religious denomination, sect
Incorporation and is not distributed to its or church. (RCC, Sec. 108)
incorporators, members, trustees, or officers.
(SEC Opinion, 13 November 1990, XXIV SEC Q: What laws would govern educational
Quarterly Bulletin 63) corporations?
A: Educational corporations shall be governed by:
Q: What are the characteristics of a close 1. Special laws (e.g. “Education Act of
corporation? 1982”)
A: A close corporation, within the meaning of the 2. General provisions of the Revised
RCC, is one whose articles of incorporation Corporation Code (RCC, Sec. 105)
provides that:
1. All the corporation’s issued stock of all
classes, exclusive of treasury shares,
shall be held of record by not more than a
specified number of persons, not
exceeding twenty (20);
2. All the issued stock of all classes shall be
subject to one or more specified
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b. COMPOSITION OF / MEMBERSHIP IN director shall thereby cease to be a

BOARD OF DIRECTORS director. (RCC, Sec. 22)
Q: What is the doctrine of “Centralized b. He must not be disqualified under the

Management”? RCC (RCC, Sec. 26)
A: The corporate powers of corporations shall be c. He must possess other qualifications as
exercised, all business conducted and all property may be prescribed in the by-laws of the
of such corporations controlled and held by the corporation. (Gokongwei, Jr. v. SEC, G.R.
board of directors or trustees to be elected from No. L-45911, 1979)
among the holders of stocks, or where there is no d. He must be of legal age
stock, from among the members of the corporation
(RCC, Sec. 22). Q: Is it valid to amend By-Laws in order to
place additional qualifications for members of
Q: How many members are in the Board of the Board of Directors?
Directors (stock) or Trustees (nonstock)? A: It is valid to amend By-Laws to place more
A: qualifications for members of the Board of
1. For Stock Corporations – Shall not be more Directors other than those required in the
than 15 (RCC, Sec. 13) Corporation Code. The law only provides for
2. For Non-Stock Corporations – minimum qualifications that corporations are free
a. Ordinary Non-Stock – May be more to expand. As held in Gokongwei v. SEC (G.R. No.
than 15 (RCC, Sec. 13) L-45911, 1979), every corporation has the
b. Educational corporations and inherent power to adopt by-laws for internal
religious society – Not less than 5 nor government and to regulate the conduct and
more than 15 (RCC, Sec. 106 & 114) relationships of its members even in the absence
of enabling specific provisions in the charter.
Note: There is no more minimum number of
directors or trustees prescribed in the RCC, except Q: What are the Disqualifications of Directors,
for educational corporations and religious Trustees, or Officers?
societies which, under Sections 106 and 114 of the A: A person shall be disqualified from being a
RCC, shall have not less than 5 nor more than 15 director, trustee, or officer of any corporation if,
trustees. within five (5) years prior to the election or
appointment as such, the person was:
Q: What is the term of a director or trustee? a. Convicted by final judgment:
(RCC, Sec. 22) i. Of an offense punishable by
A: Directors shall be elected for a term of one (1) imprisonment for a period
year from among the holders of stocks registered exceeding six (6) years;
in the corporation’s books ii. For violating the Revised
Corporation Code; and
Trustees shall be elected for a term not exceeding iii. For violating “The Securities
three (3) years from among the members of the Regulation Code”;
corporation. b. Found administratively liable for any
offense involving fraudulent acts; and
Each director/trustee shall hold office until the c. By a foreign court or equivalent foreign
successor is elected and qualified. regulatory authority for acts, violations or
misconduct similar to those enumerated in
Q: What are their qualifications? paragraphs (a) and (b) above. (RCC, Sec.
a. Must own at least one (1) share of the 26)
capital stock of the corporation in his own
name or must be a member in the case of Q: Are these grounds exclusive?
non-stock corporations A: No, the foregoing is without prejudice to
qualifications or other disqualifications, which the
Any director who ceases to be the owner SEC or the Philippine Competition Commission
of at least one (1) share of the capital may impose in its promotion of good corporate
stock of the corporation of which he is a governance or as a sanction in its administrative
proceedings. (RCC, Sec. 26)
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A: A director or trustee elected to fill a vacancy and

Q: When are independent directors required? shall serve only for the unexpired term of the
(RCC, Sec. 22) predecessor in office. (RCC, Sec. 28)
A: The board of the following corporations vested
with public interest shall have independent Q: What are the requisites for the removal of a
directors constituting at least twenty percent (20%) Director? (MN-2/3-C)
of such board: A:
a. Corporations covered by “The Securities a. Regular meeting or special Meeting of the
Regulation Code”, namely: stockholders or members called for the
i. those whose securities are registered purpose;
with the SEC, b. Previous Notice to the stockholders or
ii. corporations listed with an exchange members of the intention to remove;
or with assets of at least Fifty million c. Removal must be by a vote of the
pesos (P50,000,000.00) and having stockholders representing at least 2/3 of
two hundred (200) or more holders of the OCS or at least 2/3 of the members,
shares, each holding at least one as the case may be;
hundred (100) shares of a class of its d. Director may be removed with or without
equity shares; Cause, unless he was elected by the
b. Banks and quasi-banks, NSSLAs, minority, in which case, it is required that
pawnshops, corporations engaged in money there is cause for removal. (RCC, Sec. 27)
service business, pre-need, trust and
insurance companies, and other financial Q: When are elections for vacancies in the
intermediaries; and board held? (RCC, Sec. 28)
c. Other corporations engaged in business A:
vested with public interest similar to the above, a. Due to term expiration - the election shall
as may be determined by the SEC, be held no later than the day of such
considering such factors: expiration at a meeting called for that
i. such as the extent of minority purpose.
ownership; b. Result of removal - the election may be
ii. type of financial products or securities held on the same day of the meeting
issued or offered to investors, authorizing the removal and this fact must
iii. public interest involved in the nature of be so stated in the agenda and notice of
business operations, and said meeting.
iv. other analogous factors. c. In all other cases, the election must be
held no later than forty-five (45) days from
Q: What are the requirements of independent the time the vacancy arose.
directors? (ISES)
A: Q: When can a vacancy caused NOT by
1. Independent of management and free from removal or expiration of term be filled? (RCC,
any relationship which could materially Sec. 28)
interfere with the exercise of independent A: It may be filled by:
judgment as a director a. the vote of at least a majority of the
2. a Shareholder remaining directors or trustees, if still
3. Elected by the shareholders present or constituting a quorum;
entitled to vote in absentia during the election b. if not, said vacancies must be filled by the
of directors. stockholders or members in a regular or
4. Subject to rules and regulations governing special meeting called for that purpose.
their qualifications, disqualifications, voting
requirements, duration of term and term limit, Q: When can an Emergency Action by an
maximum number of board memberships and Emergency Board be resorted to? (RCC, Sec.
other requirements that the SEC will prescribe 28)
(RCC, Sec. 22) A: Requirements:
a. If the vacancy prevents the remaining
Q: What is the term of a replacement director directors from constituting a quorum; and
or trustee elected to fill a vacancy? b. emergency action is required to prevent
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grave, substantial, and irreparable loss or impliedly, in the law. (Umale v. ASB Realty, G.R.
damage to the corporation No. 181126, June 15, 2011)
In the above circumstances, the vacancy may be Q: How is the power to extend or shorten the
temporarily filled from among the officers of the corporate term exercised?
corporation by unanimous vote of the remaining A: There should be a written notice of
directors or trustees. stockholders/members meeting. The vote needed
are board majority (in board meeting) and ratified
Q: What are the effects when Emergency by 2/3 of OCS or members in a meeting – mere
Action is taken? (RCC, Sec. 28) written assent is not enough. (RCC, Sec. 36)
A:
a. The vacancy may be temporarily filled Note: as a general rule, corporations now have
from among the officers of the corporation perpetual existence, as stated in Sec. 11 of the
by unanimous vote of the remaining RCC; therefore, the power to shorten or extend
directors or trustees. corporate term is an exception and is only
b. The action by the designated director or available if there is a fixed or specified term in the
trustee shall be limited to the emergency Articles of Incorporation.
action necessary,
c. The term shall cease within a reasonable Q: How is the power to increase or decrease
time from the termination of the capital stock exercised? (RCC, Sec. 37)
emergency or upon election of the A:
replacement director or trustee, whichever 1. Approved by majority of the board
comes earlier. 2. Approved by at least 2/3 of OCS in a
d. The corporation must notify the SEC meeting
within three (3) days from the creation of 3. With notice of the proposal and meeting
the emergency board, stating therein the given to stockholders
reason for its creation. 4. With prior approval of the SEC
5. Accompanied by a sworn statement of the
Q: What is the rule on the alien membership in treasurer showing that the 25-25 rule has
Board of Directors? been complied with
A: P.D. No. 715: “election of aliens as members of
the board of directors of governing body of Q: What is the 25-25 rule (25%-25%)?
corporations or associations engaging in partially A: An application for the increase of capital stock
nationalized activity shall be allowed in proportion shall not be accepted by the SEC unless
to their allowable participation or share in the accompanied by a sworn statement of the
capital of such entities.” treasurer showing that:
1. At least 25% of the increase in capital
Non-Filipino citizens may become members of the stock must be subscribed; and
board of directors of a bank to the extent of the 2. At least 25% of amount subscribed has
foreign participation in the equity of said bank. been paid in actual cash or property.
(General Banking Law, Sec. 15) (RCC, Sec. 37)
c. POWERS, DUTIES, AND Note: the 25-25 rule applies only when increasing
PREROGATIVES OF BOARDS OF the capital stock. The 25-25 rule has been retained
DIRECTORS AND STOCKHOLDERS by the RCC in the increase of capital stock but it
has been removed in the filing of the original
Q: What is the theory of general capacity? articles of incorporation.
A: The general capacity theory maintains that a
corporation is said to hold such powers as are not Q: What is bonded indebtedness?
prohibited or withheld from it by general law. A: Bonded indebtedness refers to the secured
(RCC, Sec. 35) indebtedness or those secured by real or personal
property that are covered by certificates. They
Q: What is the theory of specific capacity? refer to negotiable corporate bonds secured by
A: As a creature of law, the power and attributes mortgage on property (Sec 3(A) Memorandum
of the corporation are those set out expressly or Circular No 6, Series of 2008)
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Q: How is the power to incur, create, increase Q: What are the differences between Pre-
bonded indebtedness exercised? (RCC, Sec. emptive Right and Right of First Refusal?
37) A:
A:
1. Approved by majority of the board PRE-EMPTIVE RIGHT OF FIRST
2. Approved by at least 2/3 of members in a RIGHT REFUSAL
meeting Generally may be Arises only by virtue of
3. With notice of the proposal and meeting exercised, subject to contractual
given to stockholders limitations in the RCC stipulations or by law
4. With prior approval of the SEC Covers unissued
Covers shares already
shares offered for
Q: What is the rule regarding the shareholder’s issued
subscriptions
preemptive rights? Can only be exercised
A: May be exercised by by the owner and not
General rule: Stockholders have the pre-emptive mere trustee or mere trustee or
right to subscribe to all issues or disposition of conservator (Republic conservator, since it is
shares of any class in proportion to their v. Sandiganbayan, an act of ownership
shareholdings G.R. No. 107789, (Republic v.
2003) Sandiganbayan, G.R.
Unless: No. 107789, 2003)
• Denied by the Articles of Incorporation or Right claimed against
amendment thereto; Right exercisable
the Corporation,
• Shares are issued in compliance with laws against the seller-
where the stockholder
requiring minimum stock ownership by the stockholder
must pay
public
• Shares issued in good faith in exchange Q: How is the power to sell or dispose
for property for corporate purposes corporate assets exercised?
approved by 2/3 of the OCS A: A written notice of the stockholder/member
• Shares in payment of previously meeting proposing said action must be served
contracted debts approved by 2/3 of OCS personally, and such matters must be voted by the
(RCC, Sec. 38) Board of Directors or Trustees, or both the board
and the stockholders/members, as the case may
Q: What is preemptive right? be. (RCC, Sec. 39)
A: Preemptive right is the shareholders’ right to
subscribe to all issues or dispositions of shares of Q: What are the votes required in disposing
any class in proportion to his present corporate assets?
stockholdings, the purpose being to enable the A:
shareholder to retain his proportionate control in If it is Not All or Substantially All, Majority Vote
the corporation. by Board of Directors or Trustees ONLY
This right may be denied by the articles of if it is All or Substantially All Corporate Assets
incorporation or an amendment thereto. (RCC, Including its Goodwill, it needs a:
Sec. 38) 1. Majority Vote by Board of Directors or
Trustees; and
Q: What is the right of first refusal? 2. 2/3 of OCS or members (RCC, Sec. 39).
A: The right of first refusal provides that a
stockholder who may wish to sell or assign his Q: When is the disposition a sale of all or
shares must first offer the shares to the substantially all corporate assets?
corporation or to the existing stockholders of the A: If thereby the corporation would be rendered
corporation. Only when the corporation or the incapable of continuing the business or
other stockholders do not or fail to exercise their accomplishing the purpose for which it was
option, is the offering stockholder at liberty to incorporated. (RCC, Sec. 39)
dispose of his shares to third parties. (Villanueva,
Philippine Corporate Law 422-23 (2013))
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Q: What are stock dividends? 2. It is for a legitimate corporate purpose or

A: Stock dividends are earnings which are purposes, including the following cases:
distributed to stockholders in the form of shares of a. To eliminate fractional shares
stock. It involves the conversion of arising out of stock dividends;
surplus/undivided profits into capital. b. To collect or compromise an
indebtedness to the corporation,
The declaration of stock dividends is akin to a arising out of unpaid subscription,
forced purchase of stocks. By declaring stock in a delinquency sale, and to
dividends, a corporation ploughs back a portion of purchase delinquent shares sold
its entire unrestricted retained earnings either to its during said sale;
working capital or for capital asset acquisition or c. To pay dissenting or withdrawing
investments. It cannot be said that no stockholders entitled to payment
consideration is involved in the issuance of stock for their shares under the
dividends. When the dividend is distributed, it provisions of the Corporation
ceases to be a property of the corporation as the Code. (RCC, Sec. 40)
entire or portion of its unrestricted retained
earnings is distributed pro rata to corporate Q: What are the requirements in the power to
shareholders. (PLDT v NTC, G.R. No. 153685, invest corporate funds in another corporation
December 4, 2007). or business?
A:
Q: What are the two tests to determine if the 1. Board majority in meeting
sale is of all or substantially all corporate 2. 2/3 of OCS or members –
assets? Stockholders/members’ approval not
A: Net Asset Value Test - The determination of needed if investment in stock of other
whether or not the sale involves all or substantially corporations is reasonably necessary to
all of the corporation’s properties and assets must accomplish primary purpose
be computed based on its net asset value, as 3. Written notice of proposed investment and
shown in its latest financial statements. time and place of meeting sent to
stockholder
Incapacity Test - A sale or other disposition shall 4. Dissenting stockholders have appraisal
be deemed to cover substantially all the corporate rights (RCC, Sec. 41)
property and assets if thereby the corporation
would be rendered incapable of continuing the Q: How is the power to declare dividends
business or accomplishing the purpose for which exercised?
it was incorporated. (RCC, Sec. 39) A: Only Board action is needed, except if it is stock
dividends where ⅔ vote of the stockholders is
Q: What are treasury shares? needed. (RCC, Sec. 42)
A: Shares of stock which have been issued and
fully paid for, but subsequently reacquired by the Q: What are the requirements to the power to
issuing corporation through purchase, redemption, enter into management contract?
donation, or some other lawful means are A: This needs approval of:
Treasury Shares (i.e., a corporation buying back 1. Board of Directors of both managing and
its own shares, also known as stock buyback). managed corporation
2. Majority of outstanding shares or
Such shares may again be disposed of for a members of both managed and managing
reasonable price fixed by the board of directors corporation
(RCC, Sec. 9) subject to stockholders’ preemptive 3. But 2/3 vote of outstanding
rights. stock/members of managed corporation
necessary in the ff:
Q: What are the requirements to the power of ▪ Where stockholders of both managing
the corporation to acquire its own shares? and managed corporation (the
A: common stockholders) own or control
1. Corporation has unrestricted retained more than 1/3 or the outstanding stock
earnings in its books to cover the shares of managing corporation
to be purchased or acquired,
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▪ Where majority of directors in both Q: What is the Doctrine of Apparent Authority?

corporations are the same A: If a corporation knowingly permits one of its
officers, or any other agent, to act within the scope
Q: What are the rules governing the power to of an apparent authority, it holds him out to the
enter into management contract? public possessing the power to so do those acts;
A: and thus, the corporation will, as against anyone
General Rule: Contract may not exceed 5 years who has in good faith dealt with it through such
per term agent, be estopped from denying the agent’s
authority. (Francisco v. GSIS, G.R. No. L-18287,
Exception: Contracts relating to exploration, 1963)
development, exploitation or utilization of natural
resources, where pertinent laws or regulations will Q: Can an officer of a corporation be a third
govern. (RCC, Sec. 43) person in contract with the said corporation be
allowed to invoke Doctrine of Apparent
Q: How are the corporate powers exercised by Authority?
the shareholders? A: Yes. While it is true that the doctrine cannot be
A: Generally, the vote requirement (either a invoked by one who is not a third party, an officer
majority or ⅔) of the shareholders or members are of a corporation can actually be a third person in
joined with or is a ratification of a majority vote by contract with the corporation. (People’s Aircargo v.
the Board of Directors. Court of Appeals, G.R. No. 117847, 1998)
Q: How are the corporate powers exercised by Q: What are the applicable types of Ultra Vires
the Board? cases?
A: The Board of Directors is the main agency by A:
which all corporate powers and authority are 1. First type: Acts done beyond the powers
exercised. Generally, a majority vote of the Board of the corporation as provided for in the
is needed. law or its articles of incorporation (Sec. 44)
2. Second type: Acts or contracts entered
Q: How are the corporate powers exercised by into on behalf of the corporation by
the officers? persons without corporate authority, even
A: The officers shall manage the corporation and though the contract is within the powers of
perform such duties as may be provided in the the corporation (Manila Metal Container
bylaws and/or as resolved by the board of Corp. v. PNB, G.R. No. 166862, 2006)
directors. (RCC, Sec. 24) and
3. Third type: Acts or contracts, which are
Q: What are ultra vires acts? per se illegal as being contrary to law.
A: These are acts done by a corporation outside
of those conferred by the corporation code or by Q: What are the consequences of ultra vires
its AOI and those that are not necessary or acts?
incidental to the exercise of the powers so A:
conferred. (RCC, Sec. 45) 1. Executed contract – Courts will not set
aside or interfere with such contracts;
Q: What is required to ratify an ultra vires act? 2. Executory contracts – No enforcement
A: The corporation may ratify the unauthorized even at the suit of either party (void and
acts of its corporate officer. The substance of the unenforceable);
doctrine is confirmation after conduct, amounting 3. Partly executed and partly executory –
to a substitute for a prior authority. Ratification can Principle against unjust enrichment shall
be made either expressly or impliedly like silence apply.
or acquiescence and acceptance of benefits
(Yasuma v. Heirs of Cecilio De Villa, G.R. No. Q: What is the trust fund doctrine?
150350, 2006). A: The subscriptions to the capital stock of a
corporation constitute a fund to which the creditors
Illegal acts cannot be ratified. have a right to look for satisfaction of their claims
and that the assignee in insolvency can maintain
an action upon any unpaid stock subscription in
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order to realize assets for the payment of its debts. A:

(Phil. Trust Co. v. Rivera, G.R. No. L-19761, 1923) POLITICAL / CONTROL RIGHTS
a. Right to attend meetings and to vote
Q: What is the coverage of the trust fund b. Right to inspect the books of the
doctrine? corporation
A: In case of Solvency: The coverage of the trust
fund doctrine is only up to the extent of the “capital ECONOMIC / BUSINESS RIGHTS
stock” of the corporation. In this sense, the a. Right to receive dividends
unrestricted retained earnings do not constitute b. Right to receive distributions upon
part of the capital stock. liquidation of the corporation
c. Pre-emptive rights
In case of Insolvency: The trust fund doctrine is not d. Appraisal rights
limited to reaching the stockholders’ unpaid
subscriptions. The scope of the doctrine when the Q: What is a proxy and its requisites?
corporation is insolvent encompasses not only the A: Section 57 of the RCC provides that
capital stock, but also other property and assets stockholders and members may vote in person or
generally regarded in equity as a trust fund for the by proxy in all meetings of stockholders or
payment of corporate debts. (Halley v. Printwell, members.
G.R. No. 157549, 2011)
Requisites: (WSF)
Releasing Subscribers: where the corporation 1. The proxy shall be in Writing;
released the subscribers to the capital stock from 2. Signed by the stockholder or member; and
their subscriptions without valuable consideration. 3. Filed before the scheduled meeting with
(Ong yong v. Tiu, G.R. No.144476, 2003) the corporate secretary (RCC, Sec. 57)
Q: What is the trust fund doctrine in relation to Q: Can a proxy holder be voted for as a director
watered stocks? or trustee?
A: The Trust Fund Doctrine is the basis for the A: It depends. Proxies who are not stockholders or
prohibition on issuing watered stock. members cannot be elected as a director or
A Corporation has no power to release an original trustee. (Lim v. Moldex Land, Inc., G.R. No.
subscriber of its capital stock from the obligation of 206038, 2017)
paying for his shares, without a valuable
consideration for such release; and as against Q: What are voting trust agreements?
creditors, a reduction of the capital stock can take A: A stockholder confers upon a trustee the right
place only in the manner and under the conditions to vote and other rights pertaining to the shares for
prescribed by the statute or the charter or the a period not exceeding 5 years at any one time.
articles of incorporation (Philippine Trust Corp. v. (RCC, Sec. 58)
Rivera, G.R. No. L-19761, 1923).
Requisites: (WNTF)
Q: What are the fundamental rights of a. In Writing
stockholders and members? b. it is Notarized
A: The following are important rights of c. Specifying the Terms and conditions
stockholders, which continue to exist even when d. A certified copy must be Filed with the
the shares have been sequestered: corporation and with the SEC. (RCC, Sec.
a. Right to attend meetings and to vote 58)
b. Right to receive dividends
c. Right to receive distributions upon Exception: If the voting trust was a requirement
liquidation of the corporation for a loan agreement, period may exceed 5 years
d. Right to inspect the books of the but shall automatically expire upon full payment
corporation
e. Pre-emptive rights (Cojuangco, Jr. vs. of the loan. (RCC, Sec. 58)
Roxas, G.R. No. 91925, 1991)
Q: What are the differences between Proxy and
Q: How are the rights and powers classified in Voting Trust Agreement?
relation to the shareholders? A:
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VOTING TRUST c. Incur, Create Bonded Indebtedness;

PROXY
AGREEMENT d. Deny pre-emptive right;
Trustee votes as Proxy holder votes as e. Sell, dispose, lease, encumber all or
owner agent substantially all of corporate assets;
Agreement must be Proxy need not be f. Investing another corporation, business
notarized notarized other than the primary purpose;
Trustee acquires legal Proxy has no legal title g. Declare stock dividends
title to the shares of to the shares of the h. Enter into management contract if
the transferring principal (1) a stockholder or stockholders
stockholder; only representing the same interest of
beneficial title remains both the managing and the managed
with the stockholder corporations own or control more
Trustee may vote in Proxy must vote in than 1/3 of the total outstanding
person or by proxy person capital entitled to vote of the
unless the agreement managing corporation; or
provides otherwise (2) a majority of the members of the
Trustee is not limited Proxy can only act at a board of directors of the managing
to act at any particular specified corporation also constitute a majority
meeting stockholder’s meeting of the members of the board of the
(if not continuing) managed corporation;
Trustee can vote and Proxy can only vote in i. Amend the Articles of Incorporation
exercise all the rights the absence of the
of the stockholder owners of the stock Q: What are the appraisal rights of the
even when the latter is stockholders?
present A: The right to withdraw from the corporation and
Agreement must not Proxy cannot exceed demand payment of the fair value of his shares
exceed 5 years at any 5 years at any one after dissenting from certain corporate acts
one time, except when time involving fundamental changes in corporate
the same is made a structure. (RCC, sec. 80).
condition of a loan
Agreement is Revocable anytime, Q: When is the right [of appraisal] available?
irrevocable except if coupled with A:
interest a. Extension or shortening of corporate term;
(RCC, Sec. 36)
b. In case any amendment to the articles of
Q: When is a majority stockholders’ vote
incorporation has the effect of changing or
required?
restricting the rights of any stockholders or
A:
a. To enter into management contract if any class of shares, or of authorizing
preferences in any respect superior to
of the two instances stated below are
absent; those of outstanding shares of any class;
(RCC, Sec. 80)
i. Where stockholders of both
c. Investing of corporate funds for any
managing and managed
purpose other than the primary purpose;
corporation (the common
(RCC, Sec. 80)
stockholders) own or control more
d. Sell or dispose all or substantially all
than 1/3 or the outstanding stock
assets of corporation; (RCC, Sec. 80)
of managing corporation
e. Merger or consolidation. (RCC, Sec. 80)
ii. Where majority of directors in
both corporations are the same
(RCC, sec. 43)
Q: How is the right [of appraisal] exercised?
b. To adopt, amend or repeal the by-laws.
(RCC, Sec. 81)
A:
Q: When is a 2/3 stockholders’ vote required?
1. A written demand on the corporation
A:
within 30 days after the vote was taken
a. Extend or shorten corporate term;
(failure to do so means waiver); (RCC,
b. Increase/Decrease Corporate Stock;
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Sec. 81) written request, its most recent financial

2. From the time of demand, all rights statement (RCC, Sec. 74).
accruing to such shares including voting
and dividend rights shall be suspended Note: the first three are the formulation of the old
except the right of such stockholder to code. Under the RCC, inspection rights covers
receive payment of the fair value of “corporate records, regardless of the form in which
stockholder’s shares. (RCC, Sec. 82) they are stored” (see RCC, Sec. 73).
3. Ten (10) days from demand, the
dissenting stockholder must submit his Q: What are the grounds for not allowing
certificates of stocks for notation that such inspection by a Stockholder?
certificates represent dissenting shares. A:
(RCC, Sec. 85) a. If the person demanding to examine the
4. The price to be paid is the fair value of the records has improperly used any
shares on the date the vote was taken; information secured for prior examination,
(RCC, Sec. 81) b. He is not acting in good faith,
5. The fair value shall be agreed upon by the c. A requesting party who is not a
corporation and the dissenting stockholder or member of record, or is a
stockholders within 60 days from the date competitor shall have no right to inspect or
the vote was taken. In case there is no demand reproduction of corporate
agreement, the fair value shall be records. (RCC, Sec. 73)
determined by a majority of the 3
distinguished persons one of whom shall Q: What are the three Three-Fold Duties of
be named by the stockholder another by Directors?
the corporation and the third by the two A:
who were chosen; (RCC, Sec. 81) 1. Duty of Obedience – To direct the affairs
6. The right of appraisal is extinguished of the corporation only in accordance with
when: (RCC, Sec. 83) the purposes for which it was organized
a. He withdraws the demand with (RCC, Sec. 24)
the corporation’s consent; 2. Duty of Loyalty – Directors or trustees
b. The proposed action is shall not acquire any personal or
abandoned; pecuniary interest in conflict with their duty
c. The SEC disapproves of such as such directors or trustees. (RCC, Secs.
action where approval is 30 & 33)
necessary 3. Duty of Diligence – Directors and/or
d. The SEC determines that such trustees shall not willfully and knowingly
dissenting stockholder is not vote for or assent to patently unlawful acts
entitled to the appraisal right. of the corporation or act in bad faith or with
7. If the dissenting stockholder is not paid gross negligence in directing the affairs of
within 30 days from the award, he shall the corporation (RCC, Sec. 30)
automatically be restored to all his rights
as stockholder. (RCC, Sec. 82) Q: What is the doctrine of corporate
opportunity?
Q: What is the right to inspect? A: A director or corporate officer who, by virtue of
A: Corporate records, regardless of the form in his office, acquires for himself a business
which they are stored, shall be open to inspection opportunity which should belong to the
by any director, trustee, stockholder or member of corporation, is guilty of disloyalty and should,
the corporation in person or by a representative at therefore, account to the latter for all such profits
reasonable hours on business days, and a by refunding the same, notwithstanding that he
demand in writing may be made by such director, risked his funds in the venture. (Gokongwei, Jr. v.
trustee or stockholder at their expense, for copies SEC, G.R. No. L-45911, 1979)
of such records or excerpts from said records.
(RCC, Sec. 73). Q: What are the requisites for the Doctrine of
Corporate Opportunity to apply? (ANI)
Also, a corporation shall furnish a stockholder or A:
member, within 10 days from receipt of their 1. Corporation is financially Able to
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undertake the business opportunity. HOWEVER, personal liability of a corporate

2. From the Nature of the business director, trustee or officer along (although not
opportunity, it is in line with corporation’s necessarily) with the corporation may so validly
business and is of practical advantage to attach, as a rule, only when: (ABCAWAL)
the corporation a. He Assents to a patently unlawful act of
3. Corporation has an Interest or a the corporation (RCC, Sec. 30)
reasonable expectancy. b. Bad faith or gross negligence in directing
4. By embracing the opportunity, the self- its affairs (RCC, Sec. 30)
interest of the officer or director will be c. Conflict of interest resulting in damage to
brought in to seize the opportunity for the corporation, its stockholders or other
himself. (Gokongwei, Jr. v. SEC, G.R. No. persons (RCC, Secs. 30 & 33)
L-45911, 1979) d. He attempts to Acquire, or acquires any
interest adverse to the corporation in
Q: What is the “Business Judgment Rule”? respect of any matter which has been
A: It provides that questions of policy or reposed in them in confidence (liable as a
management are left solely to the honest decision trustee for the corporation under Sec.
of officers and directors of a corporation and the 30(2))
courts are without authority to substitute their e. He consents to the issuance of Watered
judgment for the judgment of the board of stocks or, having knowledge thereof, he
directors; so long as it acts in good faith its orders does not forthwith file with the corporate
are not reviewable by the courts or the SEC. (PSE secretary his written objection thereto
v. CA, G.R. No. 125469, 1997) (RCC, Sec.64);
f. He Agrees to hold himself personally and
The rule has two consequences: solidarily liable with the corporation;
a. The resolution, contracts and transactions g. He is made personally liable by a specific
of the Board, cannot be overturned or set provision of Law. (RCC, Sec. 158; Tramat
aside by the stockholders, members or the Mercantile v. Court of Appeals, G.R. No.
courts; and 111008, 1994.)
b. Directors and duly authorized officers
cannot be held personally liable for acts or Q: What is the rule for the responsibility for
contracts done with the exercise of their crimes of directors/trustee?
business judgment. (VILLANUEVA, A:
PHILIPPINE CORPORATE LAW 316 General rule: The Board being generally a policy-
(2013)) making body, directors as such cannot be held
liable under a criminal statute making those in
Q: What are the exceptions to the Business charge of the management of the corporation
Judgment Rule? (EFC) liable for the criminal acts done in pursuit of
A: corporate operations.
1. When the Corporation Code Expressly
provides otherwise; Exception: To be held criminally liable for the acts
2. When the directors or officers acted with of a corporation, there must be a showing that its
Fraud, gross negligence or in bad faith; officers, directors, and shareholders actively
and participated in or had the power to prevent the
3. When the directors or officers act against wrongful act. (SEC v. Price Richardson Corp.,
the corporation in a Conflict of interest G.R. No. 197032, 2017)
situation. (RCC, Sec. 30)
Q: What is the special fact doctrine?
Q: What is the rule on liability of Directors, A: Under the Special Facts Doctrine, although a
Trustees and Officers? director does not stand in fiduciary relation to the
A: stockholder, he is under legal obligation to make
General Rule: Corporate personality is a shield fair and full disclosure of pertinent official
against personal liability of corporate officers. information where special circumstances exist,
(Consolidated Bank v. Court of Appeals, G.R. No. giving rise to the obligation to disclose. (Soledad
141767, 2001) M. Cagampang, The Fiduciary Duties of Corporate
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Directors Under Philippine Law, 46 Phil. L. J., 513, attached copies of stock certificates indorsed
562 [1971]) in his favor on the dorsal portion of the original
holders. Y Corp. claimed that X was not a
Q: P held shares of stock of R, a domestic stockholder. To verify X’s stock ownership, the
corporation. R decided to amend its articles of RTC asked X to produce his stock certificates.
incorporation to remove stockholders’ pre- After X failed to produce his stock certificates,
emptive rights to newly issued shares of stock the RTC dismissed the complaint. Is the
but the petitioners voted against it and presentation of a stock certificate a condition
demanded payment of their shares at P2/share sine qua non for proving one’s shareholding in
based on book value. However, R found that a corporation?
the fair value was unacceptable and insisted it A: No. Although a stock certificate is prima facie
should only be P0.41/share considering it had evidence that the holder is a shareholder of the
no unrestricted retained earnings to cover the corporation, the possession of the certificate is not
amount. Due to the disagreement, an appraisal the sole determining factor of one’s stock
committee was constituted. The committee ownership. A stock certificate is merely the paper
reported its valuation of P2.5/share and so P representative or tangible evidence of the stock
demanded payment based on that. Still, R itself and of the various interests therein. The
refused to pay the dissenting stockholders. certificate is not stock in the corporation but is
Can payment be made to any dissenting merely evidence of the holder’s interest and status
stockholder in case the R has no available in the corporation, his ownership of the share
unrestricted retained earnings? represented thereby, but is not in law the
A: No. As a general rule, a stockholder who equivalent of such ownership. It expresses the
dissents from a certain corporate action has the contract between the corporation and the
right to demand payment of the fair value of his or stockholder, but it is not essential to the existence
her shares and that is known as right of appraisal. of a share in stock or the creation of the relation of
(RCC, Sec. 80) Notwithstanding the foregoing, no shareholder to the corporation. There are other
payment shall be made to any dissenting competent means of establishing one’s
stockholder unless the corporation has shareholdings in a corporation, such as official
unrestricted retained earnings in its books to cover receipts of payments for subscriptions of shares,
the payment. In case the corporation has no copies duly certified by the SEC stating that the
available unrestricted retained earnings in its corporation had issued shares in favor of the
books, Sec. 82 of the RCC provides that if the complainant, and the General Information Sheet.
dissenting stockholder is not paid the value of his (Insigne v. Abra Valley Colleges, G.R. No. 204089,
shares within 30 days after the award, his voting 2015)
and dividend rights shall immediately be restored.
The trust fund doctrine backstops the requirement d. ARTICLES OF INCORPORATION
of unrestricted retained earnings to fund the
payment of the shares of stocks of the withdrawing Q: What is the nature and function of the
stockholders. The creditors of a corporation have Articles of Incorporation?
the right to assume that the board of directors will A: It is a basic contract document in Corporate
not use the assets of the corporation to purchase Law which defines the charter of the corporation.
its own stock for as long as the corporation has
outstanding debts and liabilities. There can be no Q: What are the contents of the Articles of
distribution of assets among the stockholders Incorporation? (NPPTI15DSCO)
without first paying corporate debts. Thus, any A:
disposition of corporate funds and assets to the a. The Name of the corporation;
prejudice of creditors is null and void. (Turner v. b. The specific Purpose or purposes for
Lorenzo Shipping Corporation, G.R. No. 157479, which the corporation is being
November 24, 2010) incorporated. Where a corporation has
more than one stated purpose, the articles
Q: X filed a complaint against Y Corp. praying of incorporation shall state which is the
that he be allowed to inspect Y Corp.’s primary purpose and which is/are the
corporate books and records, minutes of secondary purpose or purposes:
meetings, and financial statements. X claimed Provided, that a non-stock corporation
to be a bona fide stockholder of Y Corp. and may not include a purpose which would
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change or contradict its nature as such; under oath by the corporate secretary and
c. The place where the Principal office of the a majority of the directors or trustees
corporation is to be located, which must stating the fact that said amendment or
be within the Philippines; amendments have been duly approved by
d. IF not elected perpetual existence, the the required vote of stockholders or
Term for which the corporation is to exist; members, as the case may be. (RCC,
e. The names, nationalities and residences Sec. 15)
of the Incorporators;
f. The number of directors or trustees, which Q: What are the Non-Amendable Items?
shall not be more than fifteen (15); (N3TMW)
g. The names, nationalities and residences A:
of persons who shall act as Directors or 1. Names of incorporators
trustees until the first regular directors or 2. Names of incorporating directors/trustees
trustees are duly elected and qualified in 3. Names of original subscribers to capital
accordance with the Corporation Code; stock and subscribed and paid-up capital
h. If it be a stock corporation, the amount of 4. Treasurer-in-trust elected by original
its authorized capital stock in lawful subscribers
money of the Philippines, the number of 5. Members who contributed to the initial
Shares into which it is divided, and in case capital of non-stock corporation
the share are par value shares, the par 6. Witnesses and acknowledgments
value of each, the names, nationalities
and residences of the original subscribers, e. BY-LAWS
and the amount subscribed and paid by
each on his subscription, and if some or all Q: What are By-laws?
of the shares are without par value, such A: Regulations, ordinances, rules or laws adopted
fact must be stated; by an association or corporation or the like for its
i. If it be a non-stock corporation, the internal governance, including rules for routine
amount of its Capital, the names, matters such as calling meetings and the like (San
nationalities and residences of the Miguel Corp. v. Mandaue Packing Products Plants
contributors and the amount contributed Union-FFW, G.R. No. 152356, 2005).
by each; and
j. Such Other matters as are not Q: What are the requisites of a valid By-Laws?
inconsistent with law and which the (RARN)
incorporators may deem necessary and A:
convenient. (RCC, Sec. 13) a. It must be consistent with the Revised
Corporation Code, other pertinent laws
Q: What are the requisites for amending the and regulations.
Articles of Incorporation? (LM2/3LCC) b. It must be consistent with the Articles of
A: Incorporation.
a. A Legitimate purpose for the amendment; c. It must be Reasonable and not arbitrary or
b. Majority vote of directors or trustees oppressive.
c. The vote or written assent of the d. It must Not disturb vested rights, impair
stockholders representing at least two- contract or property rights of stockholders
thirds (2/3) of the OCS, without prejudice or members or create obligations
to the appraisal right of dissenting unknown to law.
stockholders if available, or if it be a non-
stock corporation, two-thirds (2/3) of the Q: What are the contents of the by-laws?
members. (M2Q2P2VESO2)
d. The original and amended articles A:
together shall contain all provisions a. The time, place and manner of calling and
required by Law to be set out in the conducting regular or special Meetings of
articles of incorporation. the directors or trustees;
e. Indication in the articles, by underscoring, b. The time and manner of calling and
the Change or changes made. conducting regular or special Meetings
f. A Copy of amended articles duly certified and mode of notifying the stockholders or
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members thereof; - Majority of the OCS or majority of the

c. The required Quorum in meetings of members in case of non- stock
stockholders or members and the manner corporation, in a meeting duly called for
of voting therein; the purpose
d. The directors’ or trustees’ Qualifications, 2) The board may be delegated to have the
duties and responsibilities, the guidelines power to amend or repeal any by- laws or
for setting the compensation of directors adopt new by- laws, by a vote of:
or trustees and officers, and the maximum - 2/3 of the shareholders representing the
number of other board representations OCS; or
that an independent director or trustee - 2/3 of the members in a non- stock
may have which shall, in no case, be more corporation.
than the number prescribed by the SEC; Such power of the Board may be revoked by
e. The form for Proxies of stockholders and majority vote of the OCS or majority of the
members and the manner of voting them; members in a non- stock corporation (RCC, Sec.
f. The Penalties for violation of the bylaws; 47)
g. The modes by which a stockholder,
member, director, or trustee may attend Q: What are the requirements for the
meetings and cast their Votes; amendments to be effective?
h. The time for holding the annual Election of A: Whenever the bylaws are amended or new
directors or trustees and the mode or bylaws are adopted, the corporation shall file with
manner of giving notice thereof; the SEC
i. In the case of stock corporations, the a. amended or new bylaws and,
manner of issuing Stock certificates; b. if applicable, the stockholders’ or
j. The manner of election or appointment members’ resolution authorizing the
and the term of office of all Officers other delegation of the power to amend and/or
than directors or trustees; and adopt new bylaws, duly certified under
k. Such Other matters as may be necessary oath by the corporate secretary and a
for the proper or convenient transaction of majority of the directors or trustees.
its corporate affairs for the promotion of
good governance and anti-graft and The amended or new by-laws shall only be
corruption measures. (RCC, Sec. 46) effective upon the issuance by the SEC of a
certification that the same is in accordance with
Q: What are the binding effects of the by-laws? this Code and other relevant laws. (RCC, Sec. 47)
A:
As to the corporation and its components – Q: What are the effects of the non-use of the
Binding not only upon the corporation but also on corporate charter?
its stockholder, members and those having A:
direction, management and control of its affairs. a. If a corporation does not formally organize
They have the force of contract between the and commence its business within five (5)
members/stockholders. years from the date of its incorporation, its
certificate of incorporation shall be
As to third persons – Not binding unless there is deemed revoked as of the day following
actual knowledge. Third persons are not even the end of the five-year period.
bound to investigate the content because they are b. If a corporation has commenced its
not bound to know the by-laws which are merely business but subsequently becomes
provisions for the government of a corporation and inoperative for a period of at least five (5)
notice to them will not be presumed (China consecutive years, the SEC may, after
Banking Corp. v. CA, G.R. No. 118332 1997). due notice and hearing, place the
corporation under delinquent status.
Q: How are by-laws amended? (RCC, Sec. 21)
A:
1) With stockholders or members approval Q: What is the remedy to lift the delinquent
- Majority vote of the members of the status when a corporation is found guilty of
Board; and continuous non-operation for 5 years?
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A: The corporation shall have a period of 2 years 2. INTRA-CORPORATE DISPUTE

to resume operations. Otherwise, certificate of (CONCEPT)
incorporation will likewise be revoked. (RCC, Sec.
21) Q: What are the two tests to determine
existence of intra-corporate dispute?
A: Relationship test and nature of controversy test.
(1) Relationship Test

A dispute is intra-corporate if it is:
1. Between the corporation, partnership or
association and the public;
association and the state insofar as its
franchise, permit or license to operate is
concerned;
association and its stockholders, partners,
members or officers; and
4. Among the stockholders, partners or
associates themselves (Philippine
Communications Satellite Corp. v.
Sandiganbayan, G.R. No. 203023, 2015)
(2) Nature of the Controversy Test

The dispute itself must be intrinsically connected
with the regulation of the corporation, partnership
or association.
The controversy “must not only be rooted in the

existence of an intra-corporate relationship, but
must also refer to the enforcement of the parties’
correlative rights and obligations under the
Corporation Code as well as the internal and
intracorporate regulatory rules of the corporation.”
(Dy Teban Trading Inc. v. Dy, G.R. No. 161803,
2008)
Q: Who has the jurisdiction to settle intra-

corporate disputes?
A: Section 5 of the Securities Regulation Code
transferred the jurisdiction of the (SEC) over
intra-corporate disputes to RTCs designated by
the Supreme Court as commercial courts. The
existence of an intra-corporate dispute must be
clearly alleged in the complaint. However, the SEC
shall retain jurisdiction over pending cases
involving intracorporate disputes submitted for
final resolution.
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3. INTELLECTUAL PROPERTY and other materials which are original

by reason of the selection or
a. COPYRIGHT coordination or arrangement of their
contents. (Sec. 173.1, IP Code)
(3) Published Edition of Work (IP Code,
Q: What works can be protected by a
Sec. 174)
copyright?
A:
Q: What are non-copyrightable works?
(1) Original Literary or Artistic Works
A: No protection shall extend to any:
a. Books, pamphlets, articles and other
(1) Idea, procedure, system, method or
writings;
operation, concept, principle, discovery or
b. Periodicals and newspapers;
mere data;
c. Lectures, sermons, addresses,
(2) News of the day and other miscellaneous
dissertations prepared for oral delivery,
facts having the character of mere items
whether or not reduced in writing or
of press information; or
other material form;
(3) Official text of a legislative, administrative
d. Letters;
or legal nature, as well as any official
e. Dramatic or dramatico-musical
translation thereof. (Sec. 175, IP Code)
compositions; choreographic works or
entertainment in dumb shows;
Q: When does copyright protection begin?
f. Musical compositions, with or without
A: From the moment of their creation. (Sec. 172.1,
words;
IP Code)
g. Works of drawing, painting,
architecture, sculpture, engraving,
Q: What is the term for copyright protection?
lithography or other works of art;
A:
models or designs for works of art;
TYPE OF
h. Original ornamental designs or models TERM OF PROTECTION
WORK
for articles of manufacture, whether or
not registrable as an industrial design, During the life of the author
Copyrightable
and other works of applied art; and for 50 years after his
Works in
i. Illustrations, maps, plans, sketches, death. (Sec. 213.1, IP
General
charts and three-dimensional works Code)
relative to geography, topography, During the life of the last
architecture or science; Joint surviving author and for fifty
j. Drawings or plastic works of a scientific Authorship (50) years after his death.
or technical character; (Sec. 213.2, IP Code)
k. Photographic works including works Fifty (50) years from the
produced by a process analogous to date on which the work was
photography; lantern slides; first lawfully published.
l. Audiovisual works and
cinematographic works and works Anonymous or Note: If before the expiration
produced by a process analogous to Pseudonymous of the said period, the
cinematography or any process for Works author’s identity is revealed
making audio-visual recordings; or is no longer in doubt, the
m. Pictorial illustrations and provisions of Subsections
advertisements; 213.1. and 213.2 shall
n. Computer programs; and apply, as the case may be.
o. Other literary, scholarly, scientific and (Sec. 213. 3, IP Code)
artistic works. (Sec. 172.1, IP Code) Twenty-five (25) years from
Works of
(2) Derivative Works the date of making. (Sec.
Applied Art
a. Dramatizations, translations, 213. 4, IP Code)
adaptations, abridgments, Fifty (50) years from
arrangements, and other alterations of publication of the work and,
literary or artistic works; and Photographic
if unpublished, fifty (50)
Works
b. Collections of literary, scholarly or years from the making.
artistic works, and compilations of data (Sec. 213. 5, IP Code)
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TYPE OF productions, whereby he is invested, for a limited

TERM OF PROTECTION
WORK period, with the sole and exclusive privilege of
Fifty (50) years from date of multiplying copies of the same and publishing and
publication and, if selling them. Trade name, on the other hand, is
Audio-visual any designation which (a) is adopted and used by
unpublished, from the date
Works person to denominate goods which he markets, or
of making. (Sec. 213. 6, IP
Code) services which he renders, or business which he
conducts, or has come to be so used by other, and
Q: What reliefs may be availed of when there is (b) through its association with such goods,
copyright infringement? services or business, has acquired a special
A: When the work of the author of a copyrighted significance as the name thereof, and (c) the use
work is infringed, the author has the following of which for the purpose stated in (a) is prohibited
reliefs against the infringer: neither by legislative enactment nor by otherwise
(1) An injunction to restrain such defined public policy. (Juan v. Juan, G.R. No.
infringement; (Sec. 216.1(a), IP Code) 221732, 2017)
(2) To be paid to the copyright proprietor or
his assigns or heirs such actual damages; Q: Are hatch doors copyrightable?
(Sec. 216.1(b), IP Code) and A: No. A hatch door, by its nature is an object of
(3) Such other terms and conditions, utility. It is not primarily an artistic creation but
including the payment of moral and rather an object of utility designed to have
exemplary damages, which the court may aesthetic appeal. It is intrinsically a useful article,
deem proper. (Sec. 216.1(e), IP Code) which, as a whole, is not eligible for copyright. The
only instance when a useful article may be the
Q: Is news of the day or actual event subject of copyright protection is when it
copyrightable? incorporates a design element that is physically or
A: No, because Sec. 175 of the IP Code provides conceptually separable from the underlying
that no protection shall extend to news of the day. product. This means that the utilitarian article can
(Sec. 175, IP Code) function without the design element. In such an
instance, the design element is eligible for
Q: Is video footage of the news or actual event copyright protection.
copyrightable?
A: Yes, because the video footage of news is an (Ex. A belt, being an object utility with the function
expression of the news. Under the idea/expression of preventing one's pants from falling down, is in
dichotomy, idea is not copyrightable but itself not copyrightable. However, an ornately
expression is copyrightable. designed belt buckle which is irrelevant to or did
not enhance the belt's function hence,
“News or the event itself is not copyrightable. conceptually separable from the belt, is eligible for
However, an event can be captured and presented copyright. It is copyrightable as a sculptural work
in a specific medium. As recognized by this court with independent aesthetic value, and not as an
in Joaquin, television “involves a whole spectrum integral element of the belt's functionality.) (Olaño
of visuals and effects, video and audio.” News v. Lim Eng Co, G.R. No. 195835, 2016)
coverage in television involves framing shots,
using images, graphics, and sound effects. It b. FAIR USE PRINCIPLE
involves creative process and originality.
Television news footage is an expression of the Q: What is the doctrine of fair use?
news.” (ABS-CBN v. Gozon, G.R. No. 195956, A: Fair use is a privilege to use the copyrighted
2015) material in a reasonable manner without the
consent of the copyright owner or as copying the
Q: Are marks the same as a copyright? theme or ideas rather than their expression. Fair
A: No. By their very definitions, copyright and use is an exception to the copyright owner’s
trade or service name are different. Copyright is monopoly of the use of the work to avoid stifling
the right of literary property as recognized and the very creativity which that law is designed to
sanctioned by positive law. An intangible, foster. (ABS-CBN Corp. v. Gozon, G.R. No.
incorporeal right granted by statute to the author 195956, 2015)
or originator of certain literary or artistic
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Q: What is the four-factor test to determine Q: What are the moral rights of the author of a
whether or not there is fair use? copyrighted work?
A: A:
(1) The purpose and character of the use –
whether its nature is commercial or non- Right of Attribution – Right to Alter or Publish
profit educational purposes; – Right Against Distortion of his work – Right
(2) The nature of the copyrighted work; against Attribution of work not his own
(3) The amount and substantiality of the
portion used in relation to the copyrighted (1) To require that the authorship of the works
work as a whole; be attributed to him, in particular, the right
(4) The effect of the use upon the potential that his name, as far as practicable, be
market for or value of the copyrighted indicated in a prominent way on the
work. (Sec. 185.1, IP Code) copies, and in connection with the public
use of his work;
Q: In what acts may fair use be considered? (2) To make any alterations of his work prior
A: to, or to withhold it from publication;
The fair use of a copyrighted work for criticism, (3) To object to any distortion, mutilation or
comment, news reporting, teaching [CCNT] other modification of, or other derogatory
including multiple copies for classroom use, action in relation to, his work which would
scholarship, research, and similar purposes is not be prejudicial to his honor or reputation;
an infringement of copyright. (Sec. 185.1, IP and
Code). (4) To restrain the use of his name with
respect to any work not of his own creation
c. MORAL AND ECONOMIC RIGHTS or in a distorted version of his work. (Sec.
193, IP Code)
Q: What are the copyright or economic rights
of the copyright holder? Q: What is copyright infringement?
A: The copyright or economic rights shall consist A: Unauthorized commission of any of the
of the exclusive right to carry out, authorize or economic or moral rights of the copyright holder
prevent the following acts: not subject to fair use. (NBI – Microsoft Corp. v.
1. Reproduction of the work [e.g. Hwang, G.R. No. 147043, 2005)
photocopying];
2. Dramatization, translation, adaptation, Q: Who is liable for infringement?
abridgment, arrangement or other A: One who –
transformation of the work;
3. The first public distribution of the original 1. Directly commits an infringement;
and each copy of the work by sale or other
forms of transfer of ownership; [first sale Q: May corporate directors and officers
doctrine] as such be held liable for copyright
4. Rental of the original or a copy of an infringement?
audiovisual or cinematographic work, a A: No. Corporate directors are liable for
work embodied in a sound recording, a copyright infringement only if they actively
computer program, a compilation of data participated in its commission. Mere
and other materials or a musical work in membership in the Board or being
graphic form, irrespective of the President per se does not mean
ownership of the original or the copy which knowledge, approval, and participation in
is the subject of the rental; the act alleged as criminal. There must be
5. Public display of the original or a copy of a showing of active participation, not
the work; simply a constructive one. (ABS-CBN
6. Public performance of the work; and Corp. v. Gozon, G.R. No. 195956, 2015)
7. Other communication to the public of the
work [internet/social media/broadcasting] 2. Benefits from the infringing activity of another
(Sec. 177, IP Code) person who commits an infringement if the person
benefiting has been given notice of the infringing
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activity and has the right and ability to control the 4. INSURANCE
activities of the other person;
a. WHAT CAN BE INSURED
3. With knowledge of infringing activity, induces,
causes or materially contributes to the infringing
conduct of another. (Sec. 216, IP Code) Q: What may be insured?
A: Any contingent or unknown event, whether past
Q: Is good faith (lack of knowledge of OR intent or future, which may damnify a person having an
to commit infringement), a defense in insurable interest, or create a liability against him,
copyright infringement? may be insured against, subject to the provisions
A: No, one does not need to know that he or she of this chapter. (Insurance Code, Sec. 3)
is copying a work without consent to violate
copyright law. The Intellectual Property Code Q: Is the consent of the spouse necessary for
requires strict liability for copyright infringement the validity of an insurance policy taken out by
whether for a civil action or a criminal prosecution; a married person on his or her life or that of his
it does not require mens rea or culpa. (ABS-CBN or her children?
Corp. v. Gozon, G.R. No. 195956, 2015) A: No. The law provides that the consent of the
spouse is NOT necessary for the validity of an
insurance policy taken out by a married person on
his or her life or that of his or her children.
(Insurance Code, Sec. 3)
Q: Is there a difference between insurance

against liability to a third person and liability
against actual loss?
A: Yes. Where the contract provides for indemnity
against liability to third persons, then third persons
to whom the insured is liable, can sue the insurer.
Where the contract is for indemnity against actual
loss or payment, then third persons cannot
proceed against the insurer, the contract being
solely to reimburse the insured for liability actually
discharged by him thru payment to third persons,
said third persons’ recourse being thus limited to
the insured alone. (Guingon v. Del Monte, G.R. L-
22042, August 17, 1967)
Q: Can insurance be obtained for the drawing

of any lottery, or for or against any chance or
ticket in a lottery drawing a prize?
A: No. As stated in Sec. 4, “The preceding section
does not authorize an insurance for or against the
drawing of any lottery, or for or against any chance
or ticket in a lottery drawing a prize.” (Insurance
Code, Sec. 4)
Q: A person has an insurable interest on the

life and health of whom?
A:
a. Himself, of his spouse and of his children;
b. Any person on whom he depends wholly
or in party for education or support, or in
whom he has pecuniary interest;
c. Any person under a legal obligation to him
for the payment of money, or respecting
property or services, of which death or
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illness might delay or prevent the 3. Otherwise contingently on the

performance; and continuance or cessation of life.
d. Any person upon whose life any estate or (Insurance Code, Sec. 182)
interest vested in him depends.
(Insurance Code, Sec. 10) Q: In the case of a minor who is an insured or
a beneficiary under a contract of life insurance,
Q: What is insurable interest in a property? who can exercise any rights under the policy
A: like receive the proceeds of the policy, among
a. Every interest in property, whether real or others?
personal; or A: The judicial guardian of the minor. In the
b. Any relation thereto; or absence of a judicial guardian, the father, or in the
c. Liability in respect thereof, of such nature absence or incapacity of the father, the mother of
that a contemplated peril might directly the minor. There is no necessity for a court
damnify the insured. (Insurance Code, authority or the giving of the bond if the interest of
Sec. 13) the minor does not exceed P500,000 or in such
reasonable amount as may be determined by the
Q: What may insurable interest in a property Commissioner. (Insurance Code, Sec. 182)
consist of?
A: Q: What if the father or mother are both absent
a. An existing interest; or incapacitated?
b. An inchoate interest founded on an A: The grandparent, the eldest brother or sister at
existing interest; or least 18 years of age, or any relative who has
c. An expectancy, coupled with an existing actual custody of the minor insured or beneficiary
interest in that out of which the expectancy shall act as a guardian without the need of a court
arises. (Insurance Code, Sec. 14) order or judicial appointment as such guardian, as
long as such person is not disqualified or
Q: When must insurable interest in the incapacitated. Payment made pursuant to this
property exist? section shall relieve the insurer of any liability.
A: When the insurance takes effect, and when the (Insurance Code, Sec. 182)
loss occurs, but need not exist in the meantime.
(Insurance Code, Sec. 19) Q: Is an insurer liable in a life insurance
contract when the insured commits suicide?
Q: When must insurable interest in the life or A: Yes. However, only when it is committed after
health of a person insured exist? the policy has been in force for a period of two (2)
A: It must exist when the insurance takes effect, years from the date of its issue or of its last
but need not exist thereafter or when the loss reinstatement, unless the policy provides a shorter
occurs. (Insurance Code, Sec. 19) period. Also, in cases where the suicide was
committed in the state of insanity regardless of the
b. CLAIMS FOR LIFE INSURANCE date of commission. (Insurance Code, Sec. 183)
Q: What is a life insurance? Q: What is the incontestability clause in

A: Life insurance is insurance on human lives and relation to life insurance?
insurance appertaining thereto or connected A: After a policy of life insurance made payable on
therewith. It also includes every contract or the death of the insured shall have been in force
undertaking for the payment of annuities including during the lifetime of the insured for a period of two
contracts for the payment of lump sums under a (2) years from the date of its issue or of its last
retirement program where a life insurance reinstatement, the insurer cannot prove that the
company manages or acts as a trustee for such policy is void ab initio or is rescindable by reason
retirement program. (Insurance Code, Sec. 181) of the fraudulent concealment or
misrepresentation of the insured or his agent.
Q: When is an insurance on life made payable? (Insurance Code, Sec. 48)
A:
1. On the death of the person; or Q: Can an insurer prove that the insurance
2. On his surviving a specified period; or policy is void ab initio or rescindable by reason
of fraudulent concealment or
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misrepresentation after 2 years from the the Monetary Board, unless such failure or refusal
issuance of the insurance policy? to pay is based on the ground that the claim is
A: No. An insurer has 2 years from the issuance fraudulent. (Insurance Code, Sec. 248)
of the insurance policy, to investigate and verify
whether the policy was obtained by fraud, Q: What constitutes as engaging in unfair
concealment, or misrepresentation. The death of claim settlement practices?
the insured within the two-year period will render A: Any of the following acts by an insurance
the right of the insurer to rescind the policy company, if committed without just cause and
nugatory. As such, the incontestability period will performed with such frequency as to indicate a
now set in. (Sun Life of Canada v. Sibya, G.R. general business practice, shall constitute unfair
211212, June 08, 2016) claim settlement practices:
1. Knowingly misrepresenting to claimants
Q: How is an accident insurance different to an pertinent facts or policy provisions relating
insurance on life? to coverage at issue;
A: In an accident insurance, the insured’s 2. Failing to acknowledge with reasonable
beneficiary has the burden of proof in promptness pertinent communications
demonstrating that the cause of death is due to the with respect to claims arising under its
covered peril. Once that fact is established, the policies;
burden then shifts to the insurer to show any 3. Failing to adopt and implement
excepted peril that may have been stipulated by reasonable standards for the prompt
the parties. An “accident insurance” is not thus to investigation of claims arising under its
be likened to an ordinary life insurance where the policies;
insured’s death, regardless of the cause thereof, 4. Not attempting in good faith to effectuate
would normally be compensable. The latter is akin prompt, fair and equitable settlement of
in property insurance to an “all risk” coverage claims submitted in which liability has
where the insured, on the aspect of burden of become reasonably clear; or
proof, has merely to show the condition of the 5. Compelling policyholders to institute suits
property insured when the policy attaches and the to recover amounts due under its policies
fact of loss or damage during the period of the by offering without justifiable reason
policy and where, thereafter, the burden would be substantially less than the amounts
on the insurer to show any “excluded peril.” (Vda. ultimately recovered in suits brought by
de Gabriel vs. CA, G.R. No. 103883 , November them. (Insurance Code, Sec. 247 par. a)
14, 1996)
Q: What is the penalty for engaging in unfair
Q: How are life insurance claims settled? claim settlement practices?
A: A: If it is found, after notice and an opportunity to
● The proceeds of a life insurance policy be heard, that an insurance company has violated
shall be paid immediately upon maturity of this section, each instance of noncompliance with
the policy, unless such proceeds are paragraph (a) may be treated as a separate
made payable in installments or as an violation of this section and shall be considered
annuity, in which case the installments, or sufficient cause for the suspension or revocation
annuities shall be paid as they become of the company's certificate of authority.
due (Insurance Code, Sec. 247 par. c)
● In case of a policy maturing by the death
of the insured, the proceeds thereof shall
be paid within sixty (60) days after
presentation of the claim and filing of the
proof of death of the insured. (Insurance
Code, Sec. 248)
Q: What is the penalty for refusal or failure to

pay the claim within the time prescribed?
A: It will entitle the beneficiary to collect interest on
the proceeds of the policy for the duration of the
delay at the rate of twice the ceiling prescribed by
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5. DATA PRIVACY ACT OF 2012 order or an act of Congress to be kept

(R.A. No. 10173) classified
a. Sensitive personal information is
A. PERSONAL v. SENSITIVE PERSONAL personal information, that is
INFORMATION specifically considered by law to
be sensitive in nature.
Q: What is a personal information? b. Note that the law also covers
A: Refers to any information whether recorded in privileged information.
a material form or not, from which the identity of an (Sec. 3(l), DPA)
individual is apparent or can be reasonably and
directly ascertained by the entity holding the Q: Why is it important to distinguish between
information, or when put together with other personal that is not sensitive and sensitive
information would directly and certainly identify an personal information?
individual. (Sec. 3(g), DPA). A: Processing of sensitive personal information
(SPI) involves greater risk of harm for data
Note: The DPA protects only the personal subjects. There are differences in treatment under
information of individual persons, called data the law:
subjects. Under the law, these refer to individuals 1. Sensitive personal information requires
whose personal information is processed. (Sec. stronger data protection or security
3(c), DPA). measures;
2. The criteria to allow processing of
Example: A company ID number is personal sensitive personal information is stricter;
information because it is about an identifiable 3. When what is involved in a personal data
person. It can be put together with records of a breach is sensitive personal information,
company’s Human Resource Department to mandatory breach notification is generally
directly identify an individual. required;
4. Penalties for violation of the Data Privacy
In Breyer v. Germany, the Court of Justice of the Act will be higher if sensitive personal
European Union ruled that a dynamic internet information is involved.
protocol address (IP address) may be considered
personal data. (because additional information B. SCOPE
may be made available by the internet service
provider to identify a person) Q: What is the scope of the Act? (Sec. 4, DPA)
A: In general, the DPA applies to the processing
Q: What is a sensitive personal information? of all types of personal information and to any
A: It refers to personal information about: natural and juridical person involved in personal
1. About an individual’s race, ethnic origin, information processing, including personal
marital status, age, color, and religious, information controllers and processors who:
philosophical or political affiliations; a. Use equipment that are located in the
2. About an individual’s health, education, Philippines, regardless if found or
genetic or sexual life of a person, or to any established in Philippines
proceeding for any offense committed or b. Maintain an office, branch, or agency in
alleged to have been committed by such the Philippines
person, the disposal of such proceedings,
or the sentence of any court in such NOTE: Publishers, editors or duly accredited
proceedings; reporters of any newspaper, magazine or
3. Issued by government agencies peculiar periodical of general circulation are given
to an individual which includes, but not protection from being compelled to reveal the
limited to: source of any news report or information
a. Social Security numbers appearing in said publication which was related in
b. Previous or current health records confidence to such publisher, editor, or reporter
c. Licenses or its denials (Sec. 5 RA 10173 in relation to RA 53)
d. Suspension or revocation
e. Tax returns
4. Specifically established by an executive
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Q: What is processing? was an officer or employee of a

A: Refers to any operation performed on the government institution that relates to the
personal data including, but not limited to: position or functions of the individual
collection, recording, organization, storage, including:
updating or modification, retrieval, consultation, a. Fact that the individual or is or
use, consolidation, blocking, erasure or was an officer or employee of the
destruction. (Sec. 3(j), DPA) government institution;
b. The title, business address and
Q: What are the types of personal information? office telephone number of the
A: Personal Information, Sensitive Personal individual;
Information, Privileged Information (privileged c. The classification, salary range
communication as defined by Rules of Court or and responsibilities of the position
law) held by the individual;
d. Name of the individual on a
Q: Who are the natural and juridical persons document prepared by the
involved in personal information processing? individual in the course of
A: employment with the government
1. Personal Information Controllers – 2. Information about an individual who is
refers to a natural or juridical person, or or was performing service under
any other body who controls the contract for a government institution
processing of personal data, or instructs that relates to the services performed,
another to process personal data on its including:
behalf; does not refer to the employee in a. Terms of the contract
charge of computer systems, encoders, or b. Name of the individual given in
the head of IT department. (Sec. 3(h), the course of the performance of
DPA) services
2. Personal Information Processors – 3. Information relating to any discretionary
refers to any natural or juridical person or benefit of a financial nature, such as:
any other body to whom a personal Granting of a license or permit given by
information controller may outsource or the government to an individual, including
instruct the processing of personal data the name of individual and exact nature of
pertaining to a data subject. (Sec 3(i), the benefit
DPA) 4. Personal information processed for
journalistic, artistic, literary or
Example: A customer ordering from a fast food research purposes
chain will call a hotline number being operated by 5. Information necessary in order to carry
a call center, to be able to order from the fast food out the functions of public authority
chain. The customer is the data subject, the fast a. Processing of personal data for
food chain the PIC, and the call center the PIP. The the performance by the
fast food chain (PIC) outsourced to the call center independent
(PIP) processing of personal information of b. Central monetary authority
customer. c. Law enforcement and regulatory
agencies, of their constitutionally
Q: Does the Act have extraterritorial and statutorily mandated
application? functions
A: 6. Information necessary for banks and
GENERAL RULE: The law has extraterritorial other financial institutions under the
application to the extent that a particular company jurisdiction of the central monetary
has links to the Philippines, with due consideration authority or Bangko Sentral ng
to international law and comity. (Sec. 6, DPA; Sec. Pilipinas, to comply the Anti-Money
4, IRR) (e.g., Processing done in Philippines, Laundering Act and other applicable
Company doing business in Philippines) laws
7. Personal information originally
EXCEPTIONS: (Sec. 5, IRR) collected from residents of foreign
1. Information about any individual who is or jurisdictions in accordance with the laws
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of those foreign jurisdictions, including any Q: What is the proportionality rule?

applicable data privacy laws, which is A: Processing shall be adequate, relevant,
being processed in the Philippines suitable, necessary, and not excessive in relation
to a declared and specified purpose. Personal
Those outside the scope refer to information shall be processed only if the purpose
information only. The National Privacy of the processing could not be reasonably be
Commission has opined that entities or fulfilled by other means. (Sec. 18(c), IRR)
agencies processing personal information
remain to be covered by the DPA, and are Personal Information must, be: (Sec. 11, DPA;
subject to requirements of implementing Sec. 19, IRR)
security measures even if the particular a. Collected for specified and legitimate
information being processed is outside the purposes determined and declared
scope. before, or as soon as reasonably
practicable after collection, and later
Example: Banks remain covered by the processed in a way compatible with such
DPA and must secure the personal declared purposes only;
information they hold, even if part of the b. Processed fairly and lawfully;
information they have are outside the c. Accurate, relevant and, where necessary
scope of the DPA (Ex. Reporting for purposes for which it is to be used, be
suspicious transactions under AMLA) kept up to date;
C. PROCESSING OF PERSONAL NOTE: Inaccurate or incomplete data

INFORMATION must be rectified, supplemented,
destroyed or their further processing
1. General Data Privacy Principles restricted
Q: What are the rules on the processing of d. Adequate and not excessive in relation to
personal information? the purposes for which they are collected
A: and processed;
General Rule: (Sec. 18, IRR) Processing of e. Retained only for as long as necessary for
personal information shall be allowed, subject to the fulfillment of the purposes for which
the following: the data was obtained or for the
a. Compliance with requirements of this act establishment, exercise or defense of
and other laws allowing disclosure of legal claims, or for legitimate business
information to the public purposes, or as provided by law;
b. Adherence to the principles of f. Kept in a form which permits identification
transparency, legitimate purpose, and of data subjects for no longer than is
proportionality. (General Data Privacy necessary for the purposes for which data
Principles) were collected and processed
● Provided, personal information
Q: What is the rule on transparency? collected for other purposes may lie
A: Data subject must be aware of the nature, processed for historical, statistical
purpose and extent of the processing of his or her or scientific purposes, and in cases
personal data. Any information relating to the laid down in law may be stored for
processing of personal data should be easy to longer periods
access and understand. (Sec. 18(a), IRR) ● Adequate safeguards are
guaranteed by said laws
Q: What is the legitimate purpose rule? authorizing their processing
A: Processing of information shall be compatible
with a declared and specified purpose which must Personal information controller must ensure
not be contrary to law, morals, or public policy. implementation of personal information
(Sec. 18(b), IRR) processing principles set out herein
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Q: What are the criteria for lawful processing? 1. Such regulations guarantee the
(Sec. 12, DPA) protection of sensitive personal and
A: Processing of personal information (not privileged information
sensitive or privileged) shall be permitted only if: 2. Consent of the data subjects are not
a. Not otherwise prohibited by law; and required by law or regulation
b. When at least one of the following c. Processing is necessary to protect the life
conditions exist: and health of the data subject or another
1. Data subject has given consent; person, and the data subject is not legally or
2. Processing is necessary and is related physically able to express his or her consent
to the fulfillment of a contract with data prior to the processing;
subject; d. Processing is necessary to achieve lawful
3. Necessary for compliance with a legal and noncommercial objectives of public
obligation to which personal organizations and associations;
information controller is subject; 1. Only confined to the bona fide
4. Necessary to protect vitally important members of these organizations
interests of data subject; 2. Sensitive information are not
5. Necessary in order to respond to transferred to third parties
national emergency, comply with 3. Consent of data subject was obtained
public order and safety, or to fulfill prior to processing
functions of public authority e. Processing is necessary for Medical
6. Necessary for purposes of legitimate treatment, carried out by a medical
interests pursued by the personal practitioner or institution, and an adequate
information controller or by a third party level of protection of personal information is
to whom data is disclosed, EXCEPT ensured;
where such interests are overridden by f. Personal information necessary for the
fundamental rights and freedoms of the protection of lawful rights and interests of
data subject natural or legal persons in court
proceedings, or the establishment, exercise
Consent of the data subject must be freely given, or defense of legal claims, or when provided
specific, and informed, where the data subject to government or public authority
agrees to the collection and processing of
personal information about and/or pertaining to Q: Can the processing of personal information
him or her. (Sec. 3(b), DPA). be subcontracted?
A: Yes, a personal information controller may
2. Criteria for Processing of Sensitive subcontract the processing of personal
Personal Information and Privileged information. (Sec. 14, DPA)
Information
Note: The personal information controller must
Q: What are the rules on the processing of ensure that proper safeguards are in place to
sensitive personal information and privileged ensure the confidentiality of the personal
information? (Sec. 13, DPA) information processed, prevent its unauthorized
A: use, and comply with processing requirements.
GENERAL RULE: Generally, processing of
sensitive personal information and privileged
information shall be prohibited
EXCEPT in the following cases:

a. Data subject has given consent, specific to
the purpose prior to the processing, or in the
case of privileged information, all parties to
the exchange have given consent prior to
processing;
b. Processing is provided for by existing laws
and regulations;
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Q: Differentiate Subcontracting and Outsourcing Data Sharing

Outsourcing from Data Sharing the subcontracting similar
A: agreement. relationships;
• Data sharing for
Outsourcing Data Sharing The agreement shall commercial
Definition (Sec. 3(f), IRR). stipulate, in particular, purposes,
The disclosure or The disclosure or that the personal including direct
transfer of personal transfer to a third information controller marketing, shall be
data by a personal party of personal data shall: covered by a data
information controller under the custody of a • Process the sharing
to a personal personal information personal data only agreement.2
information controller or personal upon the • The data subject
processor; information processor. documented shall be provided
instructions of the with the following
In the case of the personal information prior to
latter, such disclosure information collection or before
or transfer must have controller data is shared.3
been upon the • Ensure that an • Further processing
instructions of the obligation of of shared data
personal information confidentiality is shall adhere to the
controller concerned. imposed on data privacy
persons principles laid
The term excludes authorized to down in the Act,
Outsourcing process the these Rules, and
Requirements personal data other issuances of
Outsourcing (Sec. 20, IRR) • Implement the Commission.
Agreement (Sec. 44, appropriate
IRR) Data Sharing shall be security measures Data collected from
allowed when it is and comply with parties other than the
The agreement must expressly authorized the DPA, its IRR, data subject for
set out: by law. and other purpose of research
• Subject matter and issuances of the shall be allowed when
duration of the Data Sharing shall be National Privacy the personal data is
processing allowed in the private Commission publicly available, or
• The type of sector if the data • Not engage has the consent of the
personal data and subject consents to another processor data subject for
categories of data data sharing, and the without prior purpose of research:
subjects following conditions instruction from Provided, that
• The obligations are complied with: the personal adequate safeguards
and rights of the • Consent for data information are in place, and no
personal sharing shall be controller decision directly
information required even • Assist the personal affecting the data
controller, and when the data is to information subject shall be made
• The geographic be shared with an controller, by on the basis of the
location of the affiliate or mother appropriate data collected or
processing under company, or technical and processed. The rights
2
The data sharing agreement shall establish adequate c) Categories of personal data concerned;
safeguards for data privacy and security and uphold rights of d) Intended recipients or categories of recipients of the
data subjects. It shall be subject to review by the Commission, personal data;
on its own initiative or upon complaint of data subject; e) Existence of the rights of data subjects, including the right
3
to access and correction, and the right to object;
a) Identity of the personal information controllers or personal f) Other information that would sufficiently notify the data
information processors that will be given access to the subject of the nature and extent of data sharing and the
personal data; manner of processing.
b) Purpose of data sharing;
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Outsourcing Data Sharing Outsourcing Data Sharing

organizational of the data subject • Immediately
measures and to shall be upheld inform the
the extent without compromising personal
possible, fulfill the research integrity. information
obligation to controller if, in its
respond to Data sharing between opinion, an
requests by data government agencies instruction
subjects relative to for the purpose of a infringes the Act,
the exercise of public function or these Rules, or
their rights provision of a public any other issuance
• Assist the personal service shall be of the
information covered a data Commission.
controller in sharing agreement.
ensuring • Any or all Q: When can the principle of privileged
compliance with government communication be invoked?
the Act, these agencies party to A: Personal information controllers may invoke the
Rules, other the agreement principle of privileged communication over
relevant laws, and shall comply with privileged information that they lawfully control or
other issuances of the Act, these process. Subject to existing laws and regulations,
the Commission Rules, and all any evidence gathered on privileged information is
• At the choice of the other issuances of inadmissible. (Sec. 15, DPA)
personal the Commission,
information including putting in D. RIGHTS OF THE DATA SUBJECT
controller, delete place adequate
or return all safeguards for Q: What are the rights of data subjects?
personal data to data privacy and A: Rights of data subjects, in general, include:
the personal security. a. Right to be informed on matters pertaining
information • The data sharing to the processing of personal data,
controller after the agreement shall including intended changes to the
end of the be subject to processing;
provision of review of the b. Right to object to the processing of
services relating to Commission, on its personal data;
the processing own initiative or c. Right to access upon demand;
• Make available to upon complaint of d. Right to correct errors and inaccuracies in
the personal data subject. the personal data being processed;
information e. Right to erasure or blocking of personal
controller all data when no longer necessary for the
information purpose of collection, and when rights of
necessary to data subjects are already being violated;
demonstrate f. Right to data portability, or the right to
compliance with request for copies of his or personal data
the obligations laid which are being processed by electronic
down in the Act, means in commonly used formats; (Sec.
and allow for and 18, DPA)
contribute to g. Right to damages when the data subject
audits, including is injured by an unlawful or unauthorized
inspections, processing, or by other acts violating his
conducted by the or her rights; and
personal h. Right to file a complaint with the National
information Privacy Commission (Sec. 16, DPA)
controller or
another auditor DPA also has provisions on transmissibility of
mandated by the rights of data subject to lawful heirs and assigns of
latter the data subject at any time after the death of the
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data subject, or when the data subject is

incapacitated or incapable of exercising rights
(Sec. 17, DPA)
Limitation of rights of data subject: depending on

circumstances, rights of data subjects may not
apply or may be limited for:
1. Scientific and statistical research
2. Investigations in relation to any criminal,
administrative or tax liabilities (Sec. 37,
IRR)
————- end of topic ———
PROCEDURE AND
PROFESSIONAL
ETHICS
formerly Remedial Law, Legal
Ethics, and Practical Exercises
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D. PROCEDURE AND PROFESSIONAL ETHICS
TOPIC OUTLINE UNDER THE SYLLABUS: r.Petition for relief from judgment
s.Execution, satisfaction, and
A. REMEDIAL LAW effect of judgments
1. Civil Procedure 3. Appeal (Rules 41, 45)
a. General provisions 4. Annulment of judgments (Rule 47)
b. Actions 5. Small claims
c. Cause of action 6. Evidence
d. Parties to civil actions a. General concepts
e. Venue b. Judicial notice and judicial
f. Pleadings admissions
g. Summons c. Object evidence
h. Motions d. Documentary evidence
i. Dismissal of actions e. Testimonial evidence
j. Pre-trial f. Offer and objection
k. Intervention 7. Special civil actions
l. Subpoena a. Expropriation
m. Computation of time b. Certiorari
n. Modes of discovery c. Prohibition
o. Trial d. Mandamus
p. Demurrer to evidence e. Quo warranto
q. Judgment and final orders 8. Special proceedings
r. Post-judgment remedies a. Habeas Corpus
s. Execution, satisfaction, and b. Habeas Data
effect of judgments c. Writ of Amparo
2. Criminal Procedure d. Rules Of Procedure for
a. General matters Environmental Cases
b. Prosecution of offense i. Civil Procedures In
c. Prosecution of civil actions Environmental Cases
d. Preliminary investigation ii. Writ of Kalikasan
e. Arrest iii. Writ of Continuing
f. Search and seizure Mandamus
g. Bail iv. Criminal Procedure In
h. Arraignment and plea Environmental Cases
i. Motion to quash B. ETHICS
j. Pre-trial 1. Qualifications for New Lawyers (includes
k. Trial those who reacquire citizenship)
l. Judgment 2. Code of Professional Responsibility
m. New trial or reconsideration (including duties incorporated in the
n. Appeal Lawyer’s Oath)
o. Cybercrime warrants 3. Disqualifications / Inhibitions for Judges
p. Provisional remedies in criminal 4. Direct and Indirect Contempt
cases C. PRACTICAL EXERCISES
q. Appeal & annulment of 1. Parts of conveyancing, affidavits
judgments 2. Parts of pleadings, motions
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A. REMEDIAL LAW 1. CIVIL PROCEDURE
TOPIC OUTLINE UNDER THE SYLLABUS: A. GENERAL PROVISIONS
A. REMEDIAL LAW Q: What are the cases where the Rules of Court
1. Civil Procedure (“Rules”) are applicable? What are the cases
2. Criminal Procedure where the Rules are not applicable?
3. Appeal (Rules 41, 45) A: Cases where Rules are applicable:
4. Annulment of judgments (Rule 47) 1. Civil cases;
5. Small claims 2. Criminal cases;
6. Evidence 3. Special Proceedings; and
7. Special civil actions 4. Cases where the Rules apply by analogy or in
a. Expropriation a suppletory character and whenever
b. Certiorari practicable and convenient.. (Secs. 3 & 4,
c. Prohibition Rule 1).
d. Mandamus
e. Quo warranto NOTE: Suppletory is defined as "supplying
8. Special proceedings deficiencies." It means that the provisions in
a. Habeas corpus the Rules of Court will be made to apply only
b. Habeas data where there is an insufficiency in the
c. Writ of amparo applicable rule. (GSIS v. Villaviza, G.R. No.
d. Rules of Procedure for 180291, 2010)
Environmental Cases
Cases where Rules are not available
1. Election cases;
2. Land registration;
3. Cadastral;
4. Naturalization; and
5. Insolvency proceedings; (Sec. 4, Rule 1).
B. ACTIONS
Q: Distinguish civil actions from special

proceedings.
A:
CIVIL ACTIONS SPECIAL
PROCEEDINGS
One by which a party Remedy by which

sues another for the party seeks to
enforcement or establish the status or
protection of a right or right of a party, or a
the prevention or redress particular fact. (Sec. 3
of a wrong. (Sec. 3 (c), Rule 1).
(a)(1), Rule 1).
Q: What are criminal actions?

A: A criminal action is one by which the State
prosecutes a person for an act or omission
punishable by law. (Sec. 3 (b), Rule 1).
Q: What is a real action?

A: A real action affects title to or possession of real
property or an interest therein (Rule 4, Sec. 1).
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Where a complaint is entitled as one for specific 1. A proceeding to determine the state or
performance but nonetheless prays for the condition of a thing;
issuance of a deed of sale for a parcel of land, its 2. An action directed against the thing itself;
primary objective and nature is one to recover the 3. An action where jurisdiction over the
parcel of land itself and, thus, is deemed a real person of the defendant is not required;
action. In such a case, the action must be filed in and
the proper court where the property is located 4. It results in a judgment that is binding
(Gochan v. Gochan, G.R. No. 146089, 2001). against the whole world.
(Frias v. Alcayde, G.R. No. 194262, Feb. 28,
An action to recover the deficiency after 2018).
extrajudicial foreclosure of a real property
mortgage is a personal action because it does not Q: How is jurisdiction acquired in actions in
affect title to or possession of real property, or any rem?
interest therein (BPI Family v. Yujuico, G.R. A: In an action in rem, jurisdiction over the res (or
175796, 2015). thing) is acquired either: (a) by the seizure of the
property under legal process, whereby it is brought
Q: What is a personal action? into actual custody of the law; or (b) as a result of
A: Personal actions are all other actions not the institution of legal proceedings, in which the
involving title to or possession of real property or power of the court is recognized and made
any interest therein. (Sec. 2, Rule 4; see also effective. (Alba v. Court of Appeals, G.R. No.
Pamaran v. Bank of Commerce, G.R. No. 205753, 164041, Jul. 29, 2005).
2016).
Q: What are actions in personam?
Based on the allegations of the complaint, if the A: Actions in personam are:
respondent seeks the nullification of promissory 1. Actions imposing a responsibility or
notes, continuing surety agreements, checks and liability upon a person directly.
mortgage agreements for being executed against 2. These are directed against a particular
their will and vitiated by irregularities, not the person.
recovery of the possession or title to the properties 3. These are actions where jurisdiction over
burdened by the mortgages, then the action is the person of the defendant is required.
personal in nature and not real, therefore, the 4. These are actions where judgment is
proper venue would be governed by Rule 4 binding only upon the parties impleaded or
Section 2(b) of the Rules of Court. (BPI v their successors in interest.
Hontanosas, G.R. No. 157163, Jun. 25, 2014). (Frias v. Alcayde, G.R. No. 194262, Feb. 28,
2018).
Q: Distinguish local from transitory actions.
A: Q: How is jurisdiction acquired in actions in
personam?
LOCAL TRANSITORY
A: Where the action is in personam, that is, one
Its venue depends Its venue depends brought against a person on the basis of her
upon the location of the upon the residence of personal liability, jurisdiction over the person of the
property involved in the the plaintiff or the defendant is necessary for the court to validly
litigation. It is filed in defendant at the try and decide the case. Service of summons
the court where the option of the plaintiff. upon the defendants is essential in order for the
property or any part An example of such court to acquire jurisdiction over their persons.
thereof is situated. action is recovery of a (Velayo-Fong v. Spouses Velayo, G.R. No.
sum of money. 155488, Dec. 6, 2006).
A real action is a local A personal action is a Q: What are actions quasi in rem?
action. (Sec. 1, Rule 4; transitory action. A:
supra) (Sec. 2, Rule 4, a. It is a proceeding, the purpose of which is
supra) to subject the interest of a named defendant
over a particular property to an obligation or
lien burdening it.
Q: What are actions in rem? b. Directed against particular persons.
A: An action in rem is:
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c. Jurisdiction over the person of the defendant

FAILURE TO STATE LACK OF CAUSE OF
is not required as long as jurisdiction over
A CAUSE OF ACTION
the res is acquired.
ACTION
d. Judgment is binding upon the particular
persons. (Id.) Insufficiency of the Insufficiency of the
allegations in the factual basis for the
Q: How is jurisdiction acquired in actions pleading. action.
quasi in rem?
A: Similar to an action in rem, in actions quasi in Raised before a Raised after the plaintiff
rem, jurisdiction over the person of the defendant responsive pleading has rested its case.
is not a prerequisite to confer jurisdiction on the has been filed.
court provided that the court acquires jurisdiction
over the res. (Banco Do Brasil v. Court of Appeals, Remedy is to raise Remedy is to file a
G.R. Nos. 121576-78, Jun. 16, 2000). the same as an Demurrer to Evidence
affirmative defense in under Rule 33, Sec. 1.
C. CAUSE OF ACTION the answer. (see Sec.
12, Rule 8).
Q: Distinguish cause of action from right of (Asia Brewery, Inc. v. Equitable PCI Bank, G.R.
action. No. 190432, Apr. 25, 2017).
A:
CAUSE OF ACTION RIGHT OF ACTION NOTE: Under the 2019 Amendments to the Rules
on Civil Procedure (“2019 Amendments”), failure
An act or omission of Right to commence to state a cause of action is now an affirmative
one party in violation of and maintain an defense (see Sec. 12, Rule 8).
the legal rights of action. It springs from
another. a cause of action but Q: What is the test of sufficiency of a cause of
does not accrue until action?
all the facts which A: The test of the sufficiency of the facts alleged in
constitute the cause the complaint as constituting a cause of action is
of action have whether or not admitting the facts alleged, the
occurred. court could render a valid verdict in accordance
with the prayer of the complaint. (see Misamis
Formal statement of A remedial right Occidental II Cooperative v. David, G.R. No.
operational facts that belonging to persons. 129928, Aug. 25, 2005)
give rise to remedial
rights. Q: What is the effect of splitting a single cause
of action?
Governed by Governed by A: A party may not institute more than one suit for
substantive law. procedural law. a single cause of action. If two or more suits are
instituted on the basis of the same cause of action,
The reason for the The remedy afforded. the filing of one or a judgment upon the merits in
action.
any one is available as a ground for the dismissal
Not affected by May be lost or waived of the others on the ground of res judicata or litis
affirmative defenses. due to affirmative pendentia. (Secs 3 & 4, Rule 2; Sec. 12, Rule 15).
defenses.
If the first action is pending when the second
(Multi-Realty Development Corp. v. Makati action is filed, the latter may be dismissed based
Tuscany Condominium Corp., G.R. No. 146726, on LITIS PENDENTIA. (Id.)
Jun. 16, 2006; Turner v. Lorenzo Shipping Corp.).
If a final judgment had been rendered in the first
Q: Distinguish failure to state a cause of action action when the second action is filed, the latter
from lack of cause of action. may be dismissed based on RES JUDICATA. (Id.)
A:
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Q: What is a joinder of causes of action? absent parties but even as to those present
A: A party may in one pleading assert, in the (MWSS v. Court of Appeals, G.R. No. 126000,
alternative or otherwise, as many causes of action Oct. 7, 1998)
as he may have against an opposing party, subject
to the following conditions: However, it is not a ground for automatic dismissal
1. The party joining the causes of action shall of complaint; hence, the court should order an
comply with the rules on joinder of parties; amendment impleading the indispensable parties.
2. The joinder shall not include special civil The case would be dismissed if there is refusal to
actions or actions governed by special comply with the directive of the court for the joinder
rules; of an indispensable party to the case (Contreras
3. Where the causes of action are between vs. Rovila Water Supply, G.R. No. 168979, 2013).
the same parties but pertain to different
venues or jurisdictions, the joinder may be Q: Who is a necessary party?
allowed in the Regional Trial Court A: A necessary party is one who is not
provided one of the causes of action falls indispensable but who ought to be joined as a
within the jurisdiction of said court and the party if complete relief is to be accorded as to
venue lies therein; and those already parties, or for a complete
4. Where the claims in all the causes action determination or settlement of the claim subject of
are principally for recovery of money, the the action; he should nevertheless be joined
aggregate amount claimed shall be the whenever possible. (Sec. 8, Rule 3; Law Firm of
test of jurisdiction (Sec. 5, Rule 2). Laguesma Magsalin Consulta and Gastardo v.
Commission on Audit, G.R. No. 185544, 2015)
Q: What is a misjoinder of causes of action?
A: There is misjoinder of causes of action when In an action for reconveyance, the property owners
the conditions for joinder under Section 5, Rule 2 against whom such action is filed is an
are not met. (Spouses Perez v. Hermano, G.R. indispensable party. On the other hand, the seller
No. 147417, Jul. 8, 2005). from whom the owners acquire the property is only
a necessary party. (Spouses Aboitiz v. Spouses
When there is a misjoinder of causes of action, the Po, G.R. Nos. 208450 & 208497, June 5, 2017)
erroneously joined cause of action can be
severed from the rest of the causes of action and Q: What is the effect of the non-joinder of a
may proceed separately upon motion by a party necessary party?
or upon the court’s own initiative. (Sec. 6, Rule 2). A: The non-inclusion of a necessary party does
NOT prevent the court from proceeding in the
D. PARTIES TO CIVIL ACTIONS action, and the judgment rendered therein shall be
without prejudice to the rights of such necessary
Q: Who is a real party-in-interest? party. (Sec. 9, Rule 3; Agro Conglomerates, Inc. v.
A: A real party-in-interest is one who stands to be CA, G.R. No. 117660, Dec. 18, 2000).
benefited or injured by the judgment in the suit, or
the party entitled to the avails of the suit. (Sec. 2, Whenever a necessary party is not joined, the
Rule 3). pleader shall set forth his:
1. Name, if known; and
Q: Who is an indispensable party? 2. Shall state why he is omitted. (Sec. 9,
A: A real party-in-interest without whom NO FINAL Rule 3).
DETERMINATION can be had of an action. They
are those with such an interest in the controversy Should the court find the reason for the omission
that a final adjudication cannot be made, in his unmeritorious, it may order the inclusion of the
absence, without injuring or affecting that interest omitted necessary party if jurisdiction over his
(Sec. 7, Rule 3). person may be obtained. (Id.).
Q: What is the effect of the non-joinder of The failure to comply with the order for his
indispensable parties? inclusion, without justifiable cause, shall be
A: The absence of an indispensable party renders deemed a waiver of the claim against the
all subsequent actions of the court null and void necessary party. (Id.).
for want of authority to act, not only as to the
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Q: Is substitution of a party allowed? Only when the party fails to obey the order of
A: Yes. In case of death of a litigant during the dropping or adding parties can the court order the
pendency of an action. The heirs of the deceased dismissal of the case. (Sec. 3, Rule 17).
may be allowed to be substituted for the deceased,
without requiring the appointment of an executor Q: What is a class suit?
or administrator and the court may appoint a A: A class suit is a representative suit insofar as
guardian ad litem for the minor heirs (Sec. 16, Rule the persons who institute it represent the entire
3). class of persons who have the same interest or
who suffered the same injury. However, unlike
Q: Are alternative defendants allowed? representative suits, the persons instituting a class
A: Yes. Where the plaintiff cannot definitely suit are not suing merely as representatives. They
identify who among two or more persons should themselves are real parties in interest directly
be impleaded as a defendant, he may join all of injured by the acts or omissions complained of.
them as defendants in the alternative, although a (Paje v. Casiño, G.R. No. 207257, Feb. 3, 2015).
right to relief against one may be inconsistent with
a right of relief against the other (Sec. 13, Rule 3). Q: What are the requisites of a class suit?
A: For a class suit to prosper, the following must
Q: When is a joinder of a party compulsory? concur:
A: It is mandatory to implead indispensable parties 1. Subject matter of the controversy of
to the suit. If it appears to the court that an common or general interest to many
indispensable party has not been joined, it is its persons;
duty to stop the trial and order the inclusion of such 2. Persons are so numerous that it is
party. The responsibility to implead rests on the impracticable to join all as parties;
plaintiff, and the defendant has no right to compel 3. The parties actually before the court are
the plaintiff to prosecute the action against a party sufficiently numerous and
if he does not wish to do so, but the latter is to representative; and
suffer the consequences of any error he might 4. The representatives sue or defend for the
commit in exercising his option. (Uy v. CA, GR. benefit of all. (Juana Complex I
157065, Jul. 11, 2006). Homeowners Association v. Fil-Estate
Land, G.R. No. 152272, Mar. 5 2012).
Q: When is a joinder of a party permissive?
A: A permissive joinder of parties is allowed when Q: What are the effects of the death of a party
the following is complied with: to a pending action?
1. The right to relief should arise out of the A:
SAME transaction or series of Effect on the attorney-client relationship
transactions; and Attorney-client relationship is terminated upon the
2. That there exists a question of law or fact client's death. A dead client has no personality and
common to ALL parties. (Sec. 6, Rule 3; cannot be represented by an attorney. Neither
Central Bank Board of Liquidators v. does the counsel become the counsel of the heirs
Banco Filipino Savings and Mortgage of the deceased, unless said heirs engage his
Bank, G.R. No. 173399, Feb. 21, 2017). services. (Borlongan v. Buenaventura, G.R. No.
167234, Feb. 27, 2006; Lawas v. Court of Appeals,
Q: When is a party misjoined? G.R. No. L-45809, Dec. 12, 1986).
A: A party is misjoined when he is made a party to
the action although he should not be impleaded. Effect on the case when death extinguishes the
(Sec. 11, Rule 3) claim
Obligations that are personal or are identified with
Q: What is the effect of misjoinder or non- the persons themselves are extinguished by
joinder of parties? death. Thus, the substitution is not necessary and
A: Neither of the two is a ground for the dismissal would not be ordered if the death would extinguish
of an action, as parties may be dropped or added the action. The proper course is for the court to
by order of the court or on motion of any party OR dismiss the case. (See Stronghold Insurance Co.,
on its own initiative at any stage of the action and Inc. v. Republic-Asahi Glass Corp., G.R. No.
on such terms as are just. (Sec. 11, Rule 3). 14756, 2006, see also RIANO, 2019, p. 263).
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Duty of counsel when death does not extinguish E. VENUE

the claim
Whenever a party to a pending action dies, and the Q: What is the venue for real actions?
claim is not thereby extinguished, it shall be the A: The venue for real actions shall be in the proper
duty of his counsel to: court which has jurisdiction over the area wherein
1. Inform the court within 30 days after such the real property involved, or a portion thereof, is
death of the fact thereof, and situated. (Sec. 1, Rule 4).
2. Give the name and address of his legal
representative or representatives. Forcible entry and detainer actions shall be
Failure of counsel to comply with this duty shall be commenced and tried in the municipal trial court
a ground for disciplinary action. (Sec. 16, Rule 3). (or metropolitan trial courts, municipal circuit trial
court, and municipal trial court in cities, collectively
The heirs of the deceased may be allowed to be as “MTCs”) of the municipality or city wherein the
substituted for the deceased, without requiring the real property involved, or a portion thereof, is
appointment of an executor or administrator and situated. (Id.; see also Sec. 33 (2), Batas
the court may appoint a guardian ad litem for the Pambansa Blg 129 (“B.P. 129”).
minor heirs. (Id.).
Where a complaint is entitled as one for specific
Q: What is the effect of non-substitution of the performance but nonetheless prays for the
legal heirs? issuance of a deed of sale for a parcel of land, its
A: Non-compliance with the rule on substitution of primary objective and nature is one to recover the
a deceased party renders the proceedings and parcel of land itself and, thus, is deemed a real
judgment of the trial court infirm, because the trial action. In such a case, the action must be filed in
court acquired no jurisdiction over the persons of the proper court where the property is located
the legal representatives or of the heirs on whom (Gochan v. Gochan, G.R. No. 146089, 2001).
the trial and judgment would be binding on. (Brioso
v. Rili-Mariano, G.R. No. 132765, Jan. 31, 2003). An action to recover the deficiency after
extrajudicial foreclosure of a real property
The court may order the opposing party, within a mortgage is a personal action because it does not
specified time, to procure the appointment of an affect title to or possession of real property, or any
executor or administrator for the estate of the interest therein (BPI Family v. Yujuico, G.R.
deceased in cases when: 175796, 2015).
1. If no legal representative is named by the
counsel for the deceased party; or Q: What is the venue for personal actions?
2. If the legal representative so named shall A: The venue for personal actions shall be, at the
fail to appear within the specified period. election of the plaintiff:
(Sec. 16, Rule 3) 1. Where the plaintiff or any of the principal
plaintiffs resides;
Nevertheless, formal substitution of heirs is not 2. Where the defendant or any of the
necessary when the heirs themselves voluntarily principal defendants resides; or
appeared, participated in the case and presented 3. In the case of a non-resident defendant,
evidence in defense of deceased defendant. (Vda. where he may be found. (Sec. 2, Rule 4).
de Salazar v. CA, G.R. No. 121510, Nov. 23,
1995). Q: What is the venue for personal actions when
there is more than one plaintiff in a case?
Q: What is the rule if the deceased has no A: When there is more than one plaintiff in a
heirs? personal action case, the residences of the
A: Where the deceased has no heirs, the court principal parties should be the basis for
shall require the appointment of an executor or determining proper venue. Eliminate the qualifying
administrator; if the heir is a minor, a guardian ad term “principal” [in the Rules] and the purpose of
litem. (Sec. 16, Rule 3) the Rule would be defeated where a nominal or
formal party is impleaded in the action since the
latter would not have the degree of interest in the
subject of the action which would warrant and
entail the desirably active participation expected of
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litigants in a case (Marcos-Araneta v. Cam, GR F. PLEADINGS

No. 154096, 2008).
Q: What are the kinds of pleadings?
Q: What is the venue for actions against non- A: (C4ART)
resident defendants? 1. Complaint;
A: If the defendant does not reside or is not found 2. Counterclaim;
in the Philippines and the action affects the 3. Cross-claim;
personal status of the plaintiff or property of the 4. Complaint-in-intervention;
said defendant located in the Philippines, the 5. Answer;
action may be commenced in the court of the place 6. Reply (Sec. 2, Rule 6);
where: 7. Third (fourth, etc. -party complaint).
1. The plaintiff resides;
2. The property or any portion thereof is Q: What is a complaint?
situated or found. (Sec. 3, Rule 4) A: A complaint is the pleading alleging the
plaintiff’s cause or causes of action. The names
Q: When do the rules on venue not apply? and residences of the plaintiff and defendant must
A: The rules on venue are not applicable in any of be stated in the complaint. (Sec. 3, Rule 6)
the following cases:
1. Where a specific rule or law provides Q: What is an answer?
otherwise; or A: An answer is a pleading in which a defending
2. Where the parties have validly agreed in party sets forth his defenses. It may be an answer
writing before the filing of the action on the to a complaint, a counterclaim or a cross-claim.
exclusive venue thereof. (Sec. 4, Rule 4). (Sec. 4, Rule 6, RIANO, 2019, p. 323)
Q: May the parties validly stipulate on the Q: What are negative defenses?
venue of an action? A: Negative defenses refer to the specific denial of
A: The parties may stipulate on the venue as long the material fact or facts alleged in the pleading of
as there is an agreement to that effect which is: the claimant essential to his cause or causes of
1. In writing; action. (Sec. 5(a), Rule 6)
2. Made before the filing of the action; and
3. Exclusive as to the venue. (Sec. 4(b), Rule Q: What is a negative pregnant?
4; see also FERIA, 2013, p. 310-312). A: A negative pregnant is a form of negative
expression which carries with it an affirmation or at
Q: When is a stipulation on the venue least an implication of some kind favorable to the
considered as restrictive? When is it adverse party. It is a denial pregnant with an
considered permissive? admission of the substantial facts alleged in the
A: Written stipulations as to venue are either pleading. (Valdez v. Dabon, Jr., A.C. No. 7353,
mandatory (restrictive) or permissive. In November 16, 2015).
interpreting stipulations, inquiry must be made as
to whether or not the agreement is restrictive in the NOTE: A negative pregnant is a judicial admission,
sense that the suit may be filed only in the place i.e., an oral or written admission made by a party
agreed upon or merely permissive in that the in the course of the proceedings in the same case
parties may file their suits not only in the place which does not require proof. (see Sec. 4, Rule
agreed upon but also in the places fixed by the 129; see also Republic v. Sandiganbayan, G.R.
rules. (Supena v. Dela Rosa, A.M. No. RTJ-93- No. 189590, 2018)
1031, Jan. 28, 1997).
Q: What is a counterclaim?
Examples of qualifying or restrictive words: A: A counterclaim is any claim, which a defending
"exclusively" and "waiving for this purpose any party may have against an opposing party. (Rule
other venue," "shall only" preceding the 6, Sec. 6) It is in itself a distinct and independent
designation of venue, "to the exclusion of the cause of action and when filed, there are two
other courts," or words of similar import. (Auction simultaneous actions between the same parties.
in Malinta, Inc. v. Luyaben, G.R. No. 173979, Feb. (Padilla v. Globe Asiatique Realty Holdings
12, 2007). Corporation, G.R. No. 207376, August 6, 2014).
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Q: What is the difference between

COMPULSORY PERMISSIVE
counterclaims filed with the MTC and the RTC?
COUNTERCLAIM COUNTERCLAIM
A: A counterclaim filed in the Municipal Trial Court
or in the Metropolitan Trial Court must be within No requirement for the May require for its
the court’s jurisdiction both as to the nature and to presence of third adjudication the
the amount of the claim. (Sec. 7, Rule 6). parties whom the court presence of third
cannot acquire parties over whom the
A counterclaim filed in the RTC may be deemed jurisdiction over for its court cannot acquire
compulsory regardless of the amount, but it must adjudication. (Alba, Jr. jurisdiction. (Alba, Jr. v.
be within its jurisdiction as to nature – i.e., the RTC v. Malapajo, G.R. No. Malapajo, G.R. No.
cannot try an unlawful detainer case as a 198752, 2016) 198752, 2016)
counterclaim, but it may take cognizance of a
counterclaim involving an amount below its Does not require the Requires the payment
jurisdictional threshold. (Sec. 7, Rule 6). payment of docket of docket fees. (Sy-
fees. (Sy-Vargas v. Vargas v. Estate of
Q: Differentiate compulsory counterclaim from Estate of Ogsos, G.R. Ogsos, G.R. No.
permissive counterclaim. No. 221062, 2016). 221062, 2016).
A:
COMPULSORY PERMISSIVE Failure to answer a Must be answered by
COUNTERCLAIM COUNTERCLAIM compulsory the party against whom
counterclaim is not a it is interposed.
It arises out of or is It does not arise out of ground for a Otherwise, the party
necessarily connected or is it necessarily declaration of may be declared in
with the transaction or connected with the default. All new default. (see
occurrence that is the subject matter of the matters raised in the Sarmiento v. Juan,
subject matter of the opposing party’s claim. answer containing the 1983, as cited in
opposing party’s claim. (Alba, Jr. v. Malapajo, compulsory RIANO, 2019, p. 354)
(Alba, Jr. v. Malapajo, G.R. No. 198752, counterclaim are
G.R. No. 198752, 2016) deemed controverted.
2016) (see Sec. 10, Rule 6;
see also Gojo v.
It shall be contained in It may be set up as an Goyala, G.R. No. L-
the answer. If not set independent action 26768, 1970)
up it shall be barred. and will not be barred
(see Sec. 8, Rule 11) if not contained in the
Q: What is the effect on the counterclaim when
answer to the
the complaint itself is dismissed?
complaint. (Alba, Jr. v.
A: (1) When the defendant files an answer raising
Malapajo, G.R. No.
therein an affirmative defense, as well as a
198752, 2016)
counterclaim, and upon hearing of the affirmative
It is not an initiatory It is an initiatory defenses, the court dismisses the case – The
pleading. (Cruz-Agana pleading. (Cruz-Agana dismissal of the complaint shall be without
v. Santiago-Lagman, v. Santiago-Lagman, prejudice to the prosecution of the counterclaim in
G.R. No. 139018, G.R. No. 139018, the same or a separate action;
2005) 2005)
(2) When the plaintiff himself files a motion to
Does not require Should be dismiss his complaint after the defendant has
certification against accompanied by a pleaded his answer with a counterclaim, and the
forum shopping. (Alba, certification against court grants the motion - Again, the dismissal shall
Jr. v. Malapajo, G.R. forum shopping. (Alba, be without prejudice to the right of the defendant
No. 198752, 2016) Jr. v. Malapajo, G.R. to prosecute his counterclaim in a separate action
No. 198752, 2016) unless within 15 days from notice of the motion he
manifests his preference to have his counterclaim
resolved in the same action. (Sec. 2, Rule 17).
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(3) When complaint is dismissed through the defendant must belong to the original
plaintiff’s fault and at a time when a counterclaim defendant;
has already been set up - The dismissal is without 3. The claim of the original defendant against
prejudice to the right of the defendant to prosecute the third-party defendant must be based
his counterclaim in the same or separate action. upon the plaintiffs claim against the
(Sec. 3, Rule 17). original defendant; and
4. The defendant is attempting to transfer to
Q: What is a cross-claim? the third-party defendant the liability
A: A cross-claim is any claim by one party against asserted against him by the original
a co-party arising out of the transaction or plaintiff. (Philtranco Services v. Paras,
occurrence that is the subject matter either of the G.R. No. 161909, 25 April 2012).
original action or of a counterclaim therein. Such
cross-claim may cover all or part of the original Q: What are the instances when a third (fourth,
claim. (Sec. 8, Rule 6). etc.) party complaint will be denied of
admission?
Q: What are the requisites of a cross-claim? A: Under Rule 6, Sec. 11 of the 2019
A: Requirements: Amendments, the third-party complaint shall be
1. A claim by one party against a co-party; denied admission, and the court shall require the
2. Must arise out of the transaction or defendant to institute a separate action, where:
occurrence that is the subject matter 1. The third-party defendant cannot be
either of the original action or of a located within 30 calendar days from the
counterclaim; and grant of such leave;
3. The cross-claimant is prejudiced by the 2. Matters extraneous to the issue in the
claim against him by the opposing party. principal case are raised; or
(Sec. 8, Rule 6). 3. The effect would be to introduce a new
and separate controversy into the action.
Q: What is the remedy when a party fails to set (Sec. 11, Rule 6)
up a counterclaim or cross-claim?
A: An AMENDED ANSWER is proper when the Q: What is a complaint-in-intervention?
pleader fails to set up a counterclaim or cross- A: A complaint-in-intervention is a pleading filed by
claim at the time the original answer was filed due an intervenor who asserts a claim against either or
to oversight, inadvertence, or excusable all of the original parties to an action. (Sec. 3, Rule
neglect. (Sec. 10, Rule 11; FERIA, 2013, p. 379). 19)
A SUPPLEMENTAL ANSWER is proper if the NOTE: If the purpose of the motion for intervention
counterclaim or cross-claim matures or is acquired is to assert a claim against either or all of the
AFTER the answer is filed. (Sec. 9, Rule 11; original parties, the pleading shall be called a
FERIA, 2013, p. 379). COMPLAINT-IN-INTERVENTION. Meanwhile, if
the purpose is to unite with the defending party in
Q: What is a third (fourth, etc.) party resisting a claim against the latter, the pleading is
complaint? called an ANSWER-IN-INTERVENTION. (Sec. 3,
A: A claim that a defending party may, with leave Rule 19)
of court, file against a person not a party to the
action, in respect of his opponent’s claim, for: Intervention is a remedy by which a third party,
1. Contribution; who is not originally impleaded in a proceeding,
2. Indemnity; becomes a litigant for purposes of protecting his or
3. Subrogation; or her right or interest that may be affected by the
4. Any other relief. (Sec. 11, Rule 6) proceedings. (Neptune Metal Scrap Recycling,
Inc. v. Manila Electric Co., G.R. No. 204222, July
Q: What are the requisites for a third (fourth, 4, 2016)
etc.) party complaint?
A: Q: What is an intervenor?
1. The party to be impleaded must not yet be A: An intervenor is a person who has a legal
a party to the action; interest in the matter in litigation, or in the success
2. The claim against the third-party of either of the parties, or an interest against both,
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or is so situated as to be adversely affected by a A: If a party does not file such reply, all the new
distribution or other disposition of property in the matters alleged in the answer are deemed
custody of the court or of an officer thereof. (Sec. controverted or denied. No admission follows from
1, Rule 19). the failure to file a reply. (Sec. 10, Rule 6)
Q: What are the requisites for a complaint-in- NOTE: The defendant may file a rejoinder if the
intervention? latter is solely based on the actionable document
A: The following are the requisites for intervention: attached to the reply. (Sec. 10, Rule 6)
1. A person has legal interest:
a. In the matter in litigation; Q: When is a motion for extension to file a
b. In the success of any of the parties; pleading allowed?
c. An interest against the parties; or A: As a general rule, a motion for extension to file
d. He is so situated as to be adversely any pleading is prohibited and considered a mere
affected by a distribution or scrap of paper. (Sec. 11, Rule 11).
disposition of property in the custody
of the court or an officer thereof. (Rule Exception: A defendant may, for meritorious
19, Sec. 1, Mactan-Cebu International reasons, be granted an additional period of not
Airport Authority v. Heirs of Miñoza, more than 30 calendar days to file an answer. A
G.R. No. 186045, Feb. 2, 2011) defendant is only allowed to file 1 motion for
2. The intervention will not unduly delay or extension of time to file an answer. (Id.).
prejudice the adjudication of the rights of the
original parties; The court, however, may allow any other pleading
3. The intervenor’s rights may not be fully to be filed after the time fixed by the Rules. (Id.).
protected in a separate proceeding. (Asia's
Emerging Dragon Corp. v. Department of Q: How should allegations be made in
Transportation and Communications, G.R. pleadings?
Nos. 169914 Mar. 24, 2008); an A: Under the 2019 Amendments, every pleading
4. The motion to intervene is filed before shall contain in a methodical and logical form, a
rendition of judgment. (Sec. 2, Rule 19). plain, concise and direct statement of the
ultimate facts, including the evidence on which
Q: What is a reply? the party pleading relies for his or her claim or
A: A reply is a pleading, the office or function of defense, as the case may be. If a cause of action
which is to deny, or allege facts in denial or or defense relied on is based on law, the
avoidance of new matters alleged in, or pertinent provisions thereof and their
relating to, an actionable document. It is the applicability to him or her shall be clearly and
responsive pleading to an answer. (Rule 6, Sec. concisely stated. (Sec. 1, Rule 8; see also Sec.
10; RIANO, 2019, p. 367). 6, Rule 7).
Q: When is the filing of a reply allowed? Moreover, the 2019 Amendments require the
A: The plaintiff may file a reply only if the following to be contained in the pleadings:
defending party attaches an actionable 1. Designation of the pleading;
document to his or her answer. If the plaintiff 2. Allegation of the party’s claims and
wishes to interpose any claim arising out of the defenses;
new matters so alleged, such claims shall be set 3. Reliefs prayed for;
forth in an amended or supplemental complaint. 4. Date of the pleading (Sec. 2, Rule 7);
(Sec. 10, Rule 6) 5. Names of witnesses who will be
presented to prove a party’s claim or
Q: What is an actionable document? defense;
A: An actionable document is a document upon 6. Summary of the witnesses’ intended
which an action or defense is based. (Rule 8, Sec. testimonies, as supported by judicial
7). affidavits attached to the pleading; and
7. Documentary and object evidence in
Q: What is the effect of the failure to file a support of the allegations contained in
reply? the pleading. (Sec. 6, Rule 7)
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Q: What are ultimate facts? practicable, setting forth the substance of the
A: The ultimate facts are the essential facts matters upon which he/she relies to support
constituting the plaintiff's cause of action. A fact is his/her denial. (Sec. 10, Rule 8; UA vs. Wallem
essential if they cannot be stricken out without Philippines Shipping, Inc G.R. No. 171337. July
leaving the statement of the cause of action 11, 2012).
inadequate. (Zuñiga-Santos v. Santos-Gran, G.R.
No. 197380, 2014) Q: What are the types of specific denial?
A: Under Rule 8, Sec.10, there are three modes of
Q: What are evidentiary facts? specific denial:
A: Evidentiary facts are those which are necessary 1. Absolute Denial - by specifying each
to prove the ultimate fact or which furnish evidence material allegation of the fact in the
of the existence of some other facts. (Locsin v. complaint, the truth of which the defendant
Sandiganbayan, G.R. No. 134458, Aug. 9, 2007) does not admit, and whenever practicable,
setting forth the substance of the matters
Q: How do you plead an actionable document? which he will rely upon to support his
A: In pleading an actionable document, the denial;
pleader must: 2. Partial Denial - by specifying so much of
1. Set forth in the pleading the substance of an averment in the complaint as is true
the instrument or the document, and and material and denying only the
2. Attach the original or the copy of the remainder (Partial Denial); and
document to the pleading as an exhibit 3. Denial by Disavowal of Knowledge - by
and which shall form part of the pleading, stating that the defendant is without
(Sec. 7, Rule 8). knowledge or information sufficient to form
a belief as to the truth of a material
Q: How do you contest an actionable averment in the complaint, which has the
document? effect of a denial. (Republic v. Gimenez,
A: An actionable document can be contested: G.R. No. 174673, Jan. 11, 2016).
1. By specific denial under oath (i.e., denial
must be verified); and Q: What is the effect of failure to make a
2. By setting forth what is claimed to be the specific denial?
facts. (Sec. 8, Rule 8). A:
General Rule: Allegations NOT specifically
Specific denial under oath is not required when: denied are deemed admitted (Rule 8, Sec. 11).
1. The adverse party does not appear to be
a party to the instrument; or Exceptions:
2. The compliance with an order for an 1. Allegations as to the amount of
inspection of the original instrument is unliquidated damages;
refused. (Id.). 2. Allegations immaterial as to the cause of
action; and
If the defending party attaches an actionable 3. Conclusions of law and fact in a pleading.
document to his or her answer, the plaintiff may file (Sec. 8, Rule 11; RIANO, 2019, p. 331;).
a reply. (Sec. 10, Rule 6).
Q: When does a specific denial require an
Q: What is the effect if the defendant fails to oath?
deny under oath? A: When an action or defense is based on an
A: Save for the aforementioned exceptions, failure actionable document, the denial must be under
to specifically deny under oath an actionable oath and must set forth what he or she claims to
document results in the admission of the be the facts. (Sec. 8, Rule 8)
genuineness and due execution of the instrument
by the adverse party. (Sec. 8, Rule 8) NOTE: The 2019 Amendments do not require
anymore the denial under oath of allegations of
Q: What is a specific denial? usury.
A: A specific denial is made by specifying each
material allegation of fact, the truth of which the
defendant does not admit and, whenever
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Q: What are affirmative defenses? Q: How are affirmative defenses resolved?

A: An affirmative defense is an allegation of a new A:
matter which, while hypothetically admitting the (1) For affirmative defenses under the first
material allegations in the pleading of the claimant paragraph of Section 5 (b) of Rule 6 – the court
would nevertheless prevent or bar recovery by may conduct a summary hearing within 15
him. (Sec. 5(b), Rule 6) calendar days from the filing of the answer. Such
affirmative defenses shall be resolved by the court
Under the 2019 Amendments, the affirmative within 30 calendar days from the termination of the
defenses can be classified into three groups: summary hearing. (Sec. 12 (d), Rule 8);
1. Affirmative defenses under the first (2) For affirmative defenses under the second
paragraph of Section 5 (b) of Rule 6, which paragraph of Section 5 (b) of Rule 6 - the court
are: may motu propio resolve them (including
a. Fraud; prescription) when such defenses appear from the
b. Statute of limitations (Prescription); pleadings or the evidence on record. (Sec. 1, Rule
c. Release; 9);
d. Payment;
e. Illegality; (3) For affirmative defenses under Section 12 (a),
f. Statute of frauds; Rule 8 - the court shall motu propio resolve them
g. Estoppel; within 30 days from the filing of the answer. (Sec.
h. Former recovery; 12 (c), Rule 8).
i. Discharge in bankruptcy; and
j. Any other matter by way of confession Kindly see the table below for the summary of
and avoidance. rules regarding affirmative defenses.
Rule 6, Sec. Rule 6, Sec. Sec. 12 (a),
2. Affirmative defenses under the second
5(b) par. 1 5(b) par. 2 Rule 8
paragraph of Section 5 (b) of Rule 6, which
are: 1. Fraud; 1. Lack of 1. Lack of
a. That the court has no jurisdiction over 2. Statute of jurisdictio jurisdiction
the subject matter; limitations; n over the over the
b. That there is another action pending 3. Release; subject person of the
between the same parties for the 4. Payment; matter; defendant
same cause (i.e., litis pendentia); 5. Illegality; 2. Res 2. Improper
c. That the action is barred by prior 6. Statute of judicata; venue;
judgment (i.e., res judicata). frauds; 3. Litis 3. Lack of
7. Estoppel; pendentia capacity to
NOTE: Under the 2019 Amendments, the above 8. Former sue of the
affirmative defenses, including prescription, are recovery; plaintiff;
also the grounds for a motion to dismiss under 9. Discharge in 4. Failure to
Section 12 (a) of Rule 15. bankruptcy; state a cause
and of action;
3. Affirmative defenses under Section 12 10. Any other 5. Non-
matter by compliance
(a), Rule 8, which are:
way of with condition
a. That the court has no jurisdiction over
confession precedent
the person of the defending party; and
b. That venue is improperly laid; avoidance
c. That the plaintiff has no legal capacity
to sue; Court may Resolved by Resolved by the
d. That the pleading asserting the claim conduct a the court court motu propio
states no cause of action; and summary motu propio within 30 days
e. That a condition precedent for filing hearing within when the from filing the
the claim has not been complied with. 15 days from grounds answer.
filing the (including
answer and prescription)
resolve the appear from
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declare the defending party in default;

Rule 6, Sec. Rule 6, Sec. Sec. 12 (a),
4. The claiming party must prove that the
5(b) par. 1 5(b) par. 2 Rule 8
defending party has failed to answer
same within 30 the pleadings within the period provided by the Rules of
days from the or the Court;
termination of evidence on 5. The defending party must be notified of
the summary record. the motion to declare him in default;
hearing. 6. There must be a hearing of the motion to
declare the defending party in default.
These These These affirmative There is no motu propio declaration of a
affirmative affirmative defenses are not party as being in default.
defenses are defenses are grounds for a (Sec. 3, Rule 9; FERIA, 2013 p. 383, citing Sps.
not grounds for grounds for a motion to Delos Santos v. Carpio, G.R. No. 153696, Sep. 11,
a motion to motion to dismiss. 2006; see also Momarco Import Co., Inc. v.
dismiss except dismiss. Villamena, G.R. No. 192477, Jul. 27, 2016).
for statute of
limitations/ Q: What is the effect of an order of default?
prescription.
A: The party in default loses his standing in court,
i.e., he/she can no longer take part in the trial.
Q: What is the effect of failure to raise an Nonetheless, he/she is entitled to notices of
affirmative defense? subsequent proceedings and may participate in
A: the trial as a witness.(Sec. 3 (a), Rule 9; see also
General Rule: Failure to raise the affirmative Cavili v. Florendo, G.R. No. 73039, 1987).
defenses at the earliest opportunity shall constitute
waiver thereof. (Sec. 12 (b), Rule 8). Q: What are the actions that the court may
undertake after an order of default?
Exception: the following affirmative defenses are A: The court, upon its own discretion may:
not deemed waived: 1. Proceed to render judgment; OR
1. Lack of jurisdiction over the subject 2. Require the plaintiff to present his
matter; evidence ex parte according to judicial
2. Litis pendentia; discretion. The reception of the evidence
3. Res judicata may be done by the court or delegated to
4. Prescription or Statute of limitations. (Sec. the clerk of court. (Sec. 3, Rule 9).
1, Rule 9).
A declaration of default is NOT an admission of the
NOTE: See also Sec. 3, Rule 17 on dismissal due truth or the validity of the plaintiff’s claims.
to fault of the plaintiff for: (Monarch Insurance v. CA, G.R. No. 92735, Jun.
1. Failure to appear on the date of the 8, 2000)
presentation of his/her evidence in chief;
2. Failure to prosecute his/her action for an Q: What are the remedies against an order of
unreasonable length of time; or default?
3. Failure to comply with the Rules or any A:
order of the court. 1. Remedy after notice of order and before
judgment – File a motion under oath to set aside
Q: When will a defendant be declared in the order of default and properly show:
default?
A: The following are the requisites before a a. The failure to answer was due to fraud,
defendant can be declared in default: accident, mistake, or excusable
1. The court has validly acquired jurisdiction negligence (FAME); and
over the person of the defending party,
either by service of summons or voluntary i. Fraud – the fraud in this case must be
appearance; extrinsic, i.e., fraud which prevents the
2. The defending party failed to file the aggrieved party from having a trial or
answer within the time allowed therefore; presenting his case to the court, or is
3. The claiming party must file a motion to used to procure the judgment without
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fair submission of the controversy. 3. Remedy after judgment becomes final and
(Villanueva v. Nite, G.R. No. 148211, executory – File a petition for relief from judgment
2006); under Rule 38.
ii. Accident - the accident in this case
must be something which ordinary 4. Grave abuse of discretion amounting to lack
prudence could not have guarded or excess of jurisdiction and no plain, speedy,
against and by reason of which the party and adequate remedy available for those
applying has probably been impaired in improperly declared in default – Petition for
his rights. (DE LEON, Appellate Certiorari under Rule 65
Remedies, 2018, p. 20);
iii. Mistake – mistake, in this instance, NOTE: The remedies of the motion to set aside
refers to mistake of fact and not of law, order of default, motion for new trial, and petition
which ordinary prudence could not have for relief from judgment are mutually exclusive, not
guarded against. (Viking Industrial alternative or cumulative. (Lui Enterprises, Inc. v.
Corp. v. Court of Appeals, G.R. No. Zuellig Pharma Corp., G.R. No. 193494, Mar. 12,
143794, 2004); 2014).
iv. Excusable negligence - negligence to
be "excusable" must also be one which Q: What are the requisites for a motion to set
ordinary diligence and prudence could aside order of default?
not have guarded against and by reason A: The defendant's motion to set aside order of
of which the rights of an aggrieved party default must satisfy the following conditions:
have probably been impaired. The test 1. The defendant must challenge the default
of excusable negligence is whether a order before judgment by filing a motion
party has acted with ordinary prudence under oath.
while transacting important business. 2. The defendant must have been prevented
(Philippine Phosphate Fertilizer Corp. v. from filing his answer due to fraud,
Commissioner of Internal Revenue, accident, mistake or excusable
G.R. No. 141973, 2005); negligence;
3. The defendant must have a meritorious
NOTE: Extrinsic fraud, accident, defense. (Sec. 3 (b), Rule 9; Lui
mistake, and excusable negligence — Enterprises, Inc. v. Zuellig Pharma Corp.,
relate to factors that are extraneous to a G.R. No. 193494, Mar. 12, 2014).
defendant, that is, grounds that show 4. The motion to lift order of default must be
that a defendant was prevented, by appended an affidavit showing the
reasons beyond his or her influence, invoked ground, and another,
from timely filing an answer. (Spouses denominated affidavit of merit, setting
Manuel v. Ong, G.R. No. 205249, 2014). forth facts constituting the party's
meritorious defense or defenses.
b. The party declared in default must have a (Spouses Manuel v. Ong, G.R. No.
meritorious defense (i.e. the motion to lift 205249, Oct. 15, 2014).
order of default must be appended an
affidavit of merit showing the invoked Q: What is the extent of relief granted to the
ground, and another, denominated plaintiff in case a judgement is rendered
affidavit of merit, setting forth facts against the defendant declared in default?
constituting the party's meritorious A: A judgment rendered against a party declared
defense or defenses.) (Sec. 3 (b), Rule 9; in default shall not:
Spouses Manuel v. Ong, G.R. No. 1. Exceed the amount prayed for;
205249, Oct. 15, 2014) 2. Be different in kind from that prayed for;
3. Award unliquidated damages.
2. Remedy after judgment and before it (Sec. 3(d), Rule 9).
becomes final and executory – File a motion for
new trial under Rule 37 and/or appeal from the
judgment as being contrary to law or evidence
(Lina v. CA, G.R. No. L-63397, 1985).
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Q: What are the cases when declaration of record. (Manchester Development Corporation vs.
default is not allowed? CA, GR no. 75919, 1987)
A:
1. Annulment of marriage; Exception: Notwithstanding the mandatory nature
2. Declaration of nullity of marriage; of the requirement of payment of appellate docket
3. Legal Separation; (Sec. 3(e), Rule 9). fees, we also recognize that its strict application is
4. Special civil actions of certiorari, qualified by the following:
prohibition and mandamus where 1. Failure to pay those fees within the
comment instead of an answer is required reglementary period allows only
to be filed (Sec. 6, Rule 65); and discretionary, not automatic, dismissal;
5. Cases under Rules on Summary 2. Such power should be used by the court
Procedure (Sec. 19, Revised Rule on in conjunction with its exercise of sound
Summary Procedure, as amended); discretion in accordance with the tenets of
6. Cases under Rules on Small Claims (Sec. justice and fair play, as well as with a great
16, Revised Rules of Procedure for Small deal of circumspection in consideration of all
Claims Cases, as amended). attendant circumstances.
7. Cases under the Rules on the Writ of (Heirs of Reinoso, Sr. v. Court of Appeals, G.R.
Amparo (Sec. 11, Rule on the Writ of No. 116121, Jul. 18, 2011)
Amparo); and
8. Cases under the Rules on the Writ of Q: What is the rule when a party pays
Habeas Data (Sec. 13, Rules on the Writ insufficient docket fees?
of Habeas Data). A: If the amount of docket fees paid is insufficient
considering the amount of the claim, the clerk of
Q: What is filing? court of the lower court involved or his duly
A: Filing is the act of submitting the pleading or authorized deputy has the responsibility of making
other paper to the court. (Sec 2, Rule 13). a deficiency assessment. The party filing the case
will be required to pay the deficiency, but
Q: What is service? jurisdiction is not automatically lost. (Rivera v. Del
A: Service is the act of providing a party with a Rosario, G.R. No. 144934, Jan. 15, 2004).
copy of the pleading or any other court
submission. (Id.). It can also be made by the court. Q: When will the docket fees constitute a lien
(see Secs. 13 and 18, Rule 13). on the judgment?
A: Where the court in its final judgment awards a
A party is not considered as having been served claim not alleged, or a relief different from, or more
with the judgment merely because he heard the than that claimed in the pleading, the party
judge dictating the said judgment in open court; it concerned shall pay the additional fees which shall
is necessary that he be served with a copy of the constitute a lien on the judgment in satisfaction of
signed judgment that has been filed with the clerk said lien. The clerk of court shall assess and
in order that he may legally be considered as collect the corresponding fees. (Sec. 2, Rule 141).
having been served with the judgment. (Ago v.
Court of Appeals, G.R. No. L-17898, 1962) The above rule applies only to damages arising
after the filing of the complaint or similar pleading,
Q: What are the rules on the payment of docket for then it will not be possible for the claimant to
fees? specify nor speculate as to the amount thereof.
A: (GSIS v. Caballero, G.R. No. 158090, 2010).
General Rule: The court requires that all
complaints, petitions, answers, and similar But the general rule remains that the amount of
pleadings must specify the amount of damages any claim for damages, therefore, arising on or
being prayed for both in the body of the pleading before the filing of the complaint or any pleading
and in the prayer, and said damages shall be should be specified and the corresponding docket
considered in the assessment of the filing fees in fees be paid. (Ayala Corp. v. Madayag, G.R. No.
any case. Any pleading that fails to comply with 88421, Jan. 30, 1990).
this requirement shall not be accepted nor
admitted or shall otherwise be expunged from the
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Q: What is the rule when plaintiff fails to pay PLEADING PERIOD TO FILE RECKONED
the additional docket fees arising from the FROM
amended or supplemental complaint?
A: The failure to pay the docket fee corresponding discretion of
to the increased claim for damages under the the court
amended complaint does not divest the court of its
jurisdiction. The unpaid docket fee should be
considered a lien on the judgment. (PNOC
Shipping and Transport Corp. v. Court of Appeals, Answer to 20 days. Service of the
G.R. No. 107518, Oct. 8, 1998). counterclaim counterclaim/
or cross- cross-claim.
Q: What are the periods for filing pleadings? claim
A:
Answer to 30 days, Service of the
PLEADING PERIOD TO FILE RECKONED third-party unless summons.
FROM complaint otherwise
specified by
Answer 30 days, unless Service of the court.
otherwise summons
specified by the Reply 15 days. Service of the
court. pleading
responded to.
Answer of a 1. 30 days, if 1. Service of
defendant with agent, summons to Answer to 20 days, Notice of the
foreign officer, or the agent, supplemental unless order admitting
private resident officer or complaint otherwise fixed the
juridical entity agent. resident agent; by the court. supplemental
or complaint.
2. 60 days if
summons 2. Receipt of (See Secs. 1 – 11, Rule 11)
was served the foreign
to a entity, if Q: What are the modes of filing pleadings?
government summon is A: Filing of pleadings and other court submissions
official served to the shall be made by:
designated government 1. By personal filing;
by law to official 2. By registered mail;
receive the designated by 3. By accredited courier;
same. law to receive 4. By electronic mail or other electronic
summons. means, as authorized by the court in
places where it is electronically equipped.
Answer if Time specified Notice of the
(Sec. 3, Rule 13).
summons are by the order of extraterritorial
served the court but service/
through must not be publication of Q: How is personal filing done and when is it
extraterritorial less than 60 summons. deemed made?
service or days. A: Personal filing is made by submitting personally
publication the original thereof, plainly indicated as such, to
the court. (Sec. 3 (a), Rule 13).
Answer to 30 days. Service of the
amended amended It is deemed filed based on the clerk of court’s
complaint as complaint. endorsement on the pleading of the date and
a matter of hour of filing. (Sec. 3, Rule 13).
right
When a pleading is sent through private courier,
Answer to 15 days. Notice of the the date of actual receipt of the court is considered
amended order admitting as the date of filing. (Heirs of Miranda v. Miranda,
complaint as the amended
GR No. 179638, Jul. 8, 2013).
a matter of complaint.
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Q: How is filing by registered mail done and served upon the lead counsel if one is
when is it deemed made? designated, or upon any one of them if
A: Filing by registered mail is made by sending the there is no designation of a lead
pleading or other court submission to the court via counsel. (Sec. 2, Rule 13.)
registered mail. It is required that the envelope
shall be attached to the record of the case. (Sec. 3 Q: How are judgments, final orders,
(b), Rule 13). resolutions, or court-issued orders served?
A: Judgments, final orders, resolutions, or other
The date of the mailing of motions, pleadings, court orders shall be served either:
and other court submissions, and payments or 1. By personally service;
deposits, shall be deemed as the date of filing, 2. By registered mail;
payment, or deposit as shown by either: 3. By accredited courier, upon ex parte
1. The post office stamp on the envelope; or motion of any party in the case courier at
2. The registry receipt. (Id.). his or her expense; or
4. By publication, when a party summoned
Thus, the date of filing is determinable from the by publication has failed to appear in the
above two sources. If the date stamped on one is action, at the expense of the prevailing
earlier than the other, the former may be accepted party.
as the date of filing. This presupposes, however, (Sec. 13, Rule 13).
that the envelope or registry receipt and the dates
appearing thereon are duly authenticated before Q: When is conventional service (i.e., personal
the tribunal where they are presented. service or registered mail) required?
(Government Service Insurance System v. A: The following orders, pleadings, and other
National Labor Relations Commission, G.R. No. documents must be served or filed personally or
180045, Nov. 17, 2010). by registered mail when allowed:
1. Initiatory pleadings and initial responsive
Q: What are the different modes of service? pleadings, such as an answer;
A: Pleadings, motions, notices, orders, judgments, 2. Subpoenae, protection orders, and writs;
and other court submissions shall be served: 3. Appendices and exhibits to motions, or
1. By personal service; other documents that are not readily
2. By registered mail; amenable to electronic scanning may, at
3. By substituted service; (Sec. 8, Rule 13). the option of the party filing such, be
4. By accredited courier; filed and served conventionally; and
5. By electronic mail, facsimile transmission, 4. Sealed and confidential documents or
or other electronic means; and records. (Sec. 14, Rule 13).
6. By other means as provided for in
international conventions where the The above submissions may not be filed
Philippines is a party. (Sec. 5, Rule 13). electronically, unless with the express
permission of the court. (Id.).
Q: To whom must service be made?
A: Q: How is an amendment made?
1. If the party appears without a counsel – A: Pleadings may be amended by:
service is to be made upon such party; 1. Adding or striking out an allegation of a
2. If the party appears by counsel - service party;
upon such party shall be made upon his or 2. Adding or striking out the name of a party;
her counsel, unless service upon the 3. Correcting a mistake in the name of a
party and the party's counsel is ordered party;
by the court; 4. Correcting a mistaken or inadequate
3. If one counsel appears for several parties allegation;
– same as above, but such counsel shall 5. Correcting a mistaken or inadequate
only be entitled to one copy of any paper description in any other respect. (Sec. 1,
served by the opposite side; Rule 10).
4. If several counsels appear for one party -
such party shall be entitled to only one Q: When is amendment considered as a matter
copy of any pleading or paper to be of right?
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A: An amendment is considered as a matter of Q: When is amendment needed to conform to

right if it is made at any time before a responsive or authorize presentation of evidence
pleading is served or, in the case of a reply, at applicable?
any time within 10 calendar days after it is A: Under the 2019 Amendments, no amendment
served. (Sec. 2, Rule 10). of such pleadings is necessary to conform them
with the evidence. (Sec 5, Rule 10).
In amendments as a matter of right, there is no
need to file a motion for leave to amend the When issues not raised by the pleadings are tried
pleading. But a party may amend his pleading with the express or implied consent of the parties,
ONCE as a matter of right. Subsequent they shall be treated in all respects as if they had
amendments must be WITH LEAVE of court. (Id.). been raised in the pleadings. (Id.)
A motion to dismiss is not the responsive pleading Q: Differentiate amended pleading from a
contemplated by the Rule. (Bautista v. Maya-Maya supplemental pleading.
Cottages Inc., G.R. No. 148361, Nov. 29, 2005). A:
AMENDED SUPPLEMENTAL
Pleader has a right to amend his complaint before
PLEADING PLEADING
a responsive pleading is served even if it is to
correct a jurisdictional defect. (RIANO, 2019, p. Refers to facts existing Refers to facts arising
377). at the time of the after the filing of the
commencement of the original pleading.
Q: When is leave of court required in action.
amendment?
A: Leave of court is required for an amendment Takes the place of the Taken together with
when: original pleading. the original pleading.
1. The amendment is made after service of a
responsive pleading; AND
Can be made as a Always with leave of
2. It involves a substantial amendment. (Sec.
matter of right when no court.
3, Rule 10).
responsive pleading
has yet been filed.
Q: What are the requisites for an amendment
by leave of court? When an amended A supplemental
A: pleading is filed, a new pleading does not
1. There must be a motion filed in court; copy of the entire require the filing of a
2. Notice to the adverse party; pleading must be filed. new copy of the entire
3. Opportunity to be heard afforded to the pleading.
adverse party; and
4. Motion must not be intended: An answer must be The filing of an
a. To cause delay; filed by the defendant; answer is not
b. To confer jurisdiction to the court; but an answer earlier mandatory.
or filed may serve as the
c. To cure a pleading which stated answer to the amended
no cause of action from the pleading.
beginning. (Sec. 3, Rule 10).
(See Secs. 1 – 8, Rule 10)
Q: What is a formal amendment?
A: A defect in the designation of the parties and Q: What happens when the supplemental
other clearly CLERICAL or TYPOGRAPHICAL complaint introduces a new cause of action?
errors may be summarily corrected by the court at A: When the cause of action stated in the
ANY stage of the action, at its initiative or on supplemental complaint is different from the
motion, provided so prejudice is caused thereby to causes of action mentioned in the original
the adverse party (Sec. 4, Rule 10). complaint, the court should not admit the
supplemental complaint; the parties cannot
introduce new and independent causes of action.
(Leobera v. CA; G.R. No. 80001; Feb. 27, 1989).
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G. SUMMONS all. Here the property itself is in fact the sole thing
which is impleaded and is the responsible object
Q: What is the nature and purpose of which is the subject of the exercise of judicial
summons? power. Upon acquisition of jurisdiction over the
A: Summons is a writ by which the defendant is property, the court can validly hear the case. (El
notified of the action brought against him/her. Banco Español-Filipino v. Palanca, G.R. No. L-
(Cano-Gutierrez v. Gutierrez, G.R. No. 138584, 11390, Mar. 26, 1918).
2000) Its purpose is two-fold: to acquire
jurisdiction over the person of the defendant Q: What is the duty of the defendant’s counsel
and to notify the defendant that an action has who makes a special appearance to question
been commenced so that he may be given an the validity of a summons which was
opportunity to be heard on the claim against him. improperly served?
(RIANO, 2019, p. 391). A: Under the 2019 Amendments, where the
summons is improperly served and a lawyer
Q: What is the nature and purpose of summons makes a special appearance on behalf of the
in relation to actions in personam, in rem, and defendant to, among others, question the validity
quasi in rem of service of summons, the counsel shall be
A: In actions in personam, that is, one brought deputized by the court to serve summons on his or
against a person on the basis of her personal her client (Sec. 13, Rule 14).
liability, jurisdiction over the person of the
defendant is necessary for the court to validly Q: What is the effect of the defendant’s
try and decide the case. Service of summons voluntary appearance in an action?
upon the defendants is essential in order for the A: The defendant's voluntary appearance in the
court to acquire jurisdiction over their persons. action shall be equivalent to service of summons,
(Velayo-Fong v. Spouses Velayo, G.R. No. and filing a motion to dismiss constitutes voluntary
155488, Dec. 6, 2006). appearance, except on the ground of lack of
jurisdiction over the person of the defendant.
An action in rem is an action against the thing itself (Sec. 23, Rule 14).
instead of against the person. Meanwhile, an
action quasi in rem is where an individual is named Q: Who may validly serve summons?
as defendant and the purpose of the proceeding is A: The summons may be served by:
to subject his interest therein to the obligation or 1. Sheriff;
loan burdening the property. This is so inasmuch 2. Sheriff’s deputy; or
as, in in rem and quasi in rem actions, jurisdiction 3. Other proper court officers;
over the person of the defendant is not a 4. Plaintiff, upon authorization of the court in
prerequisite to confer jurisdiction on the court cases where:
provided that the court acquires jurisdiction a. Failure of the above to serve the
over the res. (Banco Do Brasil v. Court of summons, in which case it shall
Appeals, G.R. Nos. 121576-78, Jun. 16, 2000). be served together with the
sheriff;
Jurisdiction over the res is acquired either (a) by b. Summons is to be served outside
the seizure of the property under legal process, the court’s judicial region;
whereby it is brought into actual custody of the law; (Rule 14, Sec. 3);
or (b) as a result of the institution of legal 5. Counsel of the defendant, whereby he
proceedings, in which the power of the court is makes a special appearance to contest
recognized and made effective. (Alba v. Court of the improper service of summons and was
Appeals, G.R. No. 164041, Jul. 29, 2005). thereafter deputized by the court to serve
summons. (Sec. 13, Rule 14).
Q: How can the court hear an action in
personam case without acquiring jurisdiction Q: How long is the validity of summons?
over the person of the defendant? A: Under the 2019 Amendments, summons shall
A: If the defendant is a non-resident, who remains remain valid until duly served, unless it is recalled
beyond the range of the personal process of the by the court. Hence, there is no need to issue an
court and he refuses to come in voluntarily, the alias summons upon the failure of the sheriff to
court never acquires jurisdiction over the person at serve the summons. (Sec. 4, Rule 14).
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Note: upon motion by the plaintiff, the court may A: Substituted service is effected by:
issue an alias summons in case of loss or 1. Leaving copies of the summons at the
destruction of the summons. (Id.). defendant’s residence to a person:
a. At least 18 years of age;
Q: What is substituted service? b. With sufficient discretion; and
A: Substituted service can only be made if c. Must be residing therein.
personal service CANNOT be made within a 2. By leaving copies of the summons at the
reasonable time for justifiable causes. (Rule 13, defendant's office or regular place of
Sec. 8) business with some competent person.
A competent person includes, but is not
Q: How is personal service done? limited to, one who customarily receives
A: Personal service of summons is made by: correspondences for the defendant;
1. Handing a copy thereof to the defendant 3. If the server is refused entry upon making
in person and informing the defendant his authority or purpose known, by
that he or she is being served; or, leaving copies of the summons to the
2. If he or she refuses to receive and sign following:
for it, by leaving the summons within a. Any officer of the homeowner’s
the view and in the presence of the association or condominium
defendant (tendering the summons). corporation;
(Sec. 6, Rule 14). b. Chief security officer in charge of
the community or building where
Note: Personal service of summons is technically the defendant may be found.
called “service in person on defendant”. Personal 4. If allowed by the court, by sending an
service actually refers to personal service of court electronic mail to the defendant. (Sec. 6,
submissions under Rule 13, Sec. 6. (See Sec. 5, Rule 14).
Rule 14; RIANO, 2019, p. 410)
Q: What are the requirements for extra-
Q: When can substituted service of summons territorial service of summons?
be made? A: Extraterritorial service of summons is allowed
A: Substituted service can be made if the when:
defendant cannot be served personally for: 1. The defendant is a non-resident;
1. At least 3 attempts; and 2. He or she is not found in the
2. On 2 different dates. (Sec. 6, Rule 14). Philippines;
3. The action is either in rem or quasi in rem,
There is failure of service after unsuccessful which are:
attempts to personally serve the summons on the a. That which affects the personal
defendant in his or her address indicated in the status of the plaintiff;
complaint. (Sec. 4, Rule 14). The service of b. That which relates to or the
summons must be completed within 30 calendar subject matter of which is
days from issuance of summons by the clerk of property within the Philippines,
court and receipt thereof by the sheriff or process in which the defendant claims a
server, or person authorized by the court. (Sec. 20, lien or interest, actual or
Rule 14). contingent;
c. That in which the relief demanded
Note: The Supreme Court’s ruling in Manotoc v. consists, wholly or in part, in
CA (G.R. No. 130974, Aug. 16, 2006) CA as excluding the defendant from
regards the number of unsuccessful attempts of an interest in property located
personal service of summons before resorting to in the Philippines; or
substituted service, as well as the specific details d. That in which the defendant
required in the return, are now codified by the 2019 property has been attached in the
Amendments under Secs. 6 and 20 of Rule 14. Philippines; and
4. Leave of court is secured. (Sec. 17, Rule
Q: How is substituted service of summons 14).
made?
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Note that in extraterritorial service, jurisdiction over H. MOTIONS

the person of the defendant is not acquired.
Nevertheless, summons must still be served to Q: Differentiate a motion from a pleading.
satisfy the requirements of due process. A:
(Gomez v. CA, G.R. No. 127692, Mar. 10, 2004).
PLEADING MOTION
Q: How is extraterritorial service of summons
effected? Written statements of An application, other
A: Extraterritorial service may be effected by: the respective claims than a pleading, made
1. Personal service; and defenses of the to a court or judge for
2. As provided in international conventions parties submitted to the purpose of
where the Philippines is a party; the court for obtaining a rule or
3. By publication in a newspaper of general appropriate order directing some
circulation in places and time as the court judgment. (Sec. 1, act to be done in favor
may order and a copy of the summons Rule 6). of the applicant. (Sec.
shall be sent by registered mail to the 1, Rule 15; Donton v.
defendant’s last known address; and Loria).
4. Any other manner as the court may deem
sufficient. (Sec. 17, Rule 14). May be initiatory (see Cannot be initiatory as
Sec. 2, Rule 6). motions are made in a
Example: by electronic mail or messaging, so long case already filed in
as the court determines it as sufficient. (see Sec. court (see Rimbunan
6 (d) in relation to Sec. 17, Rule 14) Hijau Group v. Oriental
Wood Processing G.R.
Q: How is service of summons made on No. 152228, Sep. 23,
domestic private juridical entities? 2005).
A: Service of summons upon a domestic private
Must be written (Sec. May be written or oral
juridical entity may be made in the following
1, Rule 6). when made in open
hierarchical order:
court or in the course
1. To the juridical entity’s president,
of a hearing or a trial
managing partner, general manager,
(Sec. 2, Rule 15).
corporate secretary, treasurer, or in-
house counsel, wherever they may be Must be filed before May be filed after
found; judgment because it judgment (e.g., motion
is subject to for new trial or
Note: This list is exclusive. (Paramount adjudication. (Sec. 1, reconsideration, see
Insurance Corp. v. A.C. Ordoñez Corporation, Rule 6). Rule 37).
G.R. No. 175109, Aug. 6, 2003)
2. In the absence or unavailability of the Q: What is the omnibus motion rule?

foregoing, to their respective A: The omnibus motion rule is a procedural
secretaries; principle which generally provides that every
3. If service cannot be made to the foregoing motion that attacks a pleading, judgment, order or
persons or their secretaries, to the person proceeding shall include ALL objections THEN
who customarily receives the AVAILABLE and all objections not so included
correspondence for the defendant at shall be deemed WAIVED. (Sec. 1, Rule 9; Sec. 9,
his principal office; and Rule 15).
4. Should there be refusal on the above-
mentioned person to receive the Q: What are the exceptions to the omnibus
summons despite at least 3 attempts on 2 motion rule?
different dates, service may be made A: The following grounds, although not raised, are
electronically if allowed by the court. not deemed waived:
(Sec. 12, Rule 14). 1. Lack of jurisdiction over subject matter;
2. Litis pendentia;
3. Res judicata; and
4. Prescription. (Sec. 1, Rule 9)
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Q: What are litigious motions? 6. Motion for postponement intended for delay,
A: Litigated (Litigious) motions are those which the save for certain exceptions.
Rules call for the service of copy thereof upon the (Sec. 12, Rule 15).
opposing party and which may be set for hearing.
(Sec. 5, Rule 15; Tabujara III v. Gonzales-Asdala, Q: What are the grounds that may be raised in
A.M. No. RTJ-08-2126, Jan. 20, 2009). a motion to dismiss?
A: A motion to dismiss can only be filed based on
The following are litigious motions: any of the following grounds:
1. Motion for bill of particulars; 1. Lack of jurisdiction of the court over the
2. Motion to dismiss; subject matter;
3. Motion for new trial; 2. Litis pendentia;
4. Motion for reconsideration; 3. Res judicata; or
5. Motion for execution pending appeal; 4. Prescription. (Sec. 12 (a), Rule 15).
6. Motion to amend after a responsive pleading
has been filed; Q: What are the periods for filing motions?
7. Motion to cancel statutory lien; A:
8. Motion for an order to break in or for a writ of TYPE OF PERIOD TO FILE
demolition; MOTION
9. Motion for intervention;
10. Motion for judgment on the pleadings; Motion for bill Filed before responding to a
11. Motion for summary judgment; of particulars pleading.
12. Demurrer to evidence;
13. Motion to declare defendant in default; and But if the pleading is a reply, it
14. Other similar motions. (Sec. 5 (a), Rule 15). is filed 10 days from the
service of reply. (Sec. 1, Rule
Q: What are non-litigious motions? 12)
A: Non-litigious motions are motions which the
court may act upon without prejudicing the rights Motion to At any time during the course
dismiss of the proceedings.
of adverse. (Sec. 4, Rule 15).
NOTE: the grounds for a
The following are non-litigious motions: motion to dismiss are not
1. Motion for the issuance of an alias summons; covered by the Omnibus
2. Motion for extension to file answer; Motion Rule. (see Sec. 1, Rule
3. Motion for postponement; 9 in relation to Sec. 9, Rule 15)
4. Motion for the issuance of a writ of execution;
5. Motion for the issuance of an alias writ of Motion for new In the MTC/RTC: Within the
execution; trial period for taking an appeal,
6. Motion for the issuance of a writ of possession; i.e., within 15 days (via notice
7. Motion for the issuance of an order directing of appeal) or 30 days (via
the sheriff to execute the final certificate of record on appeal) from the
sale; and notice of the judgment or final
8. Other similar motions. (Id.). order. (Sec. 1, Rule 37 in
relation to Sec. 2, Rule 40 &
Q: What motions are prohibited? Sec. 3, Rule 41)
A: The following are prohibited motions:
1. Motion to dismiss, except for certain grounds; In the CA: At any time after the
2. Motion to hear affirmative defenses; appeal from the lower court
3. Motion for reconsideration of the court's action has been perfected and before
on the affirmative defenses; the Court of Appeals loses
4. Motion to suspend proceedings without a jurisdiction over the case
temporary restraining order or injunction (Sec. 1, Rule 53)
issued by a higher court; Motion for In the MTC/RTC: Within the
5. Motion for extension of time to file pleadings, reconsideration period for taking an appeal,
affidavits or any other papers, except a motion i.e., within 15 days (via notice
for extension to file an answer; of appeal) or 30 days (via
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TYPE OF PERIOD TO FILE TYPE OF PERIOD TO FILE

MOTION MOTION
record on appeal) from the Motion to After the period to file an
notice of the judgment or final declare answer has lapsed and the
order. (Sec. 1, Rule 37 in defendant in defendant fails to file his or her
relation to Sec. 2, Rule 40 & default answer. (See Sec. 3 Rule 9)
Sec. 3, Rule 41)
NOTE: A defendant has 30
In the CA: Within fifteen (15) days from the service of
days from the notice of final summons to file his or her
judgment or resolution (Sec. 1, answer. (See Sec. 1, Rule 11)
Rule 52) Motion for After the summons was lost or
Motion for While the trial court has issuance of an destroyed. (Sec. 4, Rule 14)
execution jurisdiction over the case and alias summons
pending appeal is in possession of either the
original record or the record on Motion for Before end of period to file
appeal (Sec. 2, Rule 39) extension to file answer. (See Sec. 11, Rule 11
Motion to Upon leave of court. (See Sec. answer in relation to Sec. 1, Rule 11).
amend after a 3, Rule 10)
responsive
pleading has Motion for After the expiration of the
been filed issuance of writ period to appeal from a
of execution judgment or order that
Motion for At any time before rendition of
disposes of the action or
intervention judgment by the trial court.
proceeding and no appeal
(Sec. 2, Rule 19)
therefrom has been duly
perfected. (Sec. 1, Rule 39).
Motion for When it appears that an
judgment on answer fails to tender an NOTE: It must also be made
the pleadings issue, or otherwise admits the within 5 years from date of
material allegations of the entry of final judgment (Sec. 6,
adverse party's pleading. Rule 39)
(Sec. 1, Rule 34)
Motion for For claimant: At any time after Q: When can a motion to suspend proceedings
summary the pleading in answer has be filed?
judgment been served. (Sec. 1, Rule 35) A: Under the 2019 Amendments, a motion to
suspend proceedings cannot be filed unless
For defendant: At any time supported by a temporary restraining order or an
during the course of the injunction coming from a higher court. (Sec. 12 (d),
proceedings. (Sec. 2, Rule 35) Rule 15).
NOTE: The phrase "anytime Q: When can a motion for extension to file
after the pleading in answer pleadings or other submissions be filed?
thereto has been served" in A: A motion for extension can only be filed for an
Section 1, Rule 35 means "at answer. A defendant may, for meritorious reasons,
any stage of the litigation." be granted an additional period of not more than
(Republic v. Sandiganbayan, thirty (30) calendar days to file an answer and is
G.R. No. 152154, 2003). only allowed to file one (1) motion for extension
Demurrer of After the plaintiff has of time to file an answer. (Sec. 11, Rule 11)
evidence completed the presentation of
his evidence. (Sec. 1, Rule 33) A motion for extension to file any pleading, other
than an answer, is prohibited and considered a
mere scrap of paper. The court, however, may
allow any other pleading to be filed after the time
fixed by these Rules. (Id.)
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Q: What is a motion for bill of particulars? 3. Does not comply with the Rules of
A: It is a motion which seeks to clarify matters in Court or any order of the court.
the complaint which are vague, ambiguous, or not (Sec. 3, Rule 17).
averred with sufficient definiteness.
Note: the court may otherwise provide that the
It applies to ANY PLEADING which in the dismissal shall be without prejudice. It is only when
perception of the movant contains ambiguous the trial court's order is either silent on the matter,
allegations. (Sec. 1, Rule 12; Virata vs. or states otherwise, that the dismissal will be
Sandiganbayan, G.R. No. 106527, 1993) considered an adjudication on the merits. (Ching
v. Cheng, G.R. No. 175507, Oct. 8, 2014).
Q: When can a bill of particulars be applied
for? Q: When will a dismissal through a motion to
A: A motion for a bill of particulars must be filed dismiss or dismissal based on an affirmative
BEFORE responding to a pleading. (Sec. 1, Rule defense be considered as with prejudice?
12) A: Subject to the right of appeal, an order granting
a motion to dismiss or an affirmative defense
If the pleading is a reply, the motion must be filed based on the following shall bar the refiling of the
within 10 calendar days from service thereof. (Id.). same action:
1. Res judicata;
Q: What is the effect of the filing of a bill of 2. Prescription; or
particulars on the period to file a responsive 3. The claim or demand of the plaintiff has been:
pleading? a. Paid;
A: Filing of bill of particulars stays the period to file b. Waived;
a responsive pleading. (Sec. 5, Rule 12). c. Abandoned;
d. Extinguished; or
Movant may file his responsive pleading within the e. Unenforceable under the Statute of
period to which he is entitled (balance of Frauds. (Sec. 13, Rule 15).
reglementary period) at the time the bill of
particulars is filed, which shall NOT be less than Q: What are other examples of dismissals with
FIVE (5) DAYS in any event AFTER: prejudice?
1. Service of the bill of particulars upon him; A: The following dismissal shall likewise bar the
or refiling of the same action:
2. Notice of the denial of his motion. (Id.). 1. Willful and deliberate forum shopping by the
party or his or her counsel (Sec. 5, Rule 7);
I. DISMISSAL OF ACTIONS 2. Plaintiff’s misrepresentation that he or she has
served summons to the defendant, in cases
Q: What is a dismissal with prejudice? where plaintiff is authorized by the court to
A: A dismissal with prejudice bars the refiling of serve summons. (Sec. 3, Rule 14);
the complaint and, when the law permits, is subject 3. Failure of the plaintiff or counsel to appear,
to the right of appeal. (Heirs of Sadhwani v. without valid cause, during the pre-trial, court-
Sadhwani, G.R. No. 217365, Aug. 14, 2019). annexed mediation, and judicial dispute
resolution (Secs. 3 and 5, Rule 18);
Q: What are the instances when a complaint 4. Failure of the party to file his or her pre-trial
may be dismissed due to the fault of the brief (Sec. 5 and 6, Rule 18);
plaintiff? 5. Dismissal by notice of the plaintiff where such
A: The complaint may be dismissed upon motion notice provides that the dismissal is with
of the defendant or upon the court's own motion prejudice (Sec. 1, Rule 17);
and shall have the effect of an adjudication on 6. Dismissal by notice of the plaintiff covered by
the merits, unless otherwise declared by the the two-dismissal rule (Id.);
court, if for no justifiable cause the plaintiff: 7. Dismissal by motion of the plaintiff and the
1. Fails to appear on the date of the court orders that it is with prejudice. (Sec. 2,
presentation of his or her evidence in Rule 17).
chief on the complaint;
2. Fails to prosecute his or her action for an Q: When is dismissal of a complaint by notice
unreasonable length of time; or of the plaintiff allowed?
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A: A complaint may be dismissed by the plaintiff Q: When can a dismissal of a counterclaim,

by filing a notice of dismissal at any time before: cross-claim, or third-party claim by notice be
1. Service of the answer; or made?
2. Motion for summary judgment. A: A voluntary dismissal of the counterclaim,
(Sec. 1, Rule 17). cross-claim, or third-party claim by notice of the
claimant can be made before:
After the notice has been filed, the court shall issue 1. Service of a responsive pleading
an order confirming the dismissal. (Id.). thereto;
2. Service of a motion for summary
Note: Complaint may be dismissed by notice judgment; or
under this Rule if motion to dismiss (and not 3. In the absence of a responsive pleading
answer) is filed by defendant. and motion for summary judgment, before
the introduction of evidence. (Sec 4.
Note: In case of a class suit, dismissal of the Rule 17).
action requires approval of the court. (Sec. 2, Rule
17). Note: The provisions under Rule 17 apply to the
dismissal of any counterclaim, cross-claim or third-
Q: When will a dismissal by notice be with party complaint. (Sec 4. Rule 17).
prejudice/without prejudice?
A: Dismissal by notice of the plaintiff is without J. PRE-TRIAL
prejudice to the refiling of the same action,
except: Q: What are the effects when a party and his or
1. The notice expressly provides that the her counsel fails to appear during pre-trial?
dismissal is with prejudice; or A: If the plaintiff AND counsel failed to appear
2. The dismissal is covered by the two- without valid cause when so required:
dismissal rule. (Sec. 1, Rule 17). 1. The case shall be dismissed with
prejudice unless otherwise ordered by the
Q: What is the two-dismissal rule? court (Sec. 5, Rule 18); OR
A: The two-dismissal rule provides that the 2. The party shall be deemed to waive any
dismissal by notice operates as an adjudication of objections to the faithfulness of the
the merits (i.e., with prejudice) when: reproductions marked, or their
merits when: genuineness and due execution. (Sec. 2,
1. Filed by the same plaintiff; Rule 18).
2. The same plaintiff has once dismissed an
action in a competent court by notice; If the defendant AND counsel failed to appear
3. The second action is based on or without valid cause when so required:
including the same claim as the first 1. The plaintiff will be allowed to present
action. evidence ex-parte within ten (10) calendar
4. The second action was also dismissed by days from termination of pre-trial, and the
mere notice of the plaintiff. (Sec. 1, Rule court shall render judgment on the basis
17). of the evidence offered. (Sec. 5, Rule 18);
AND
Q: When is dismissal by motion required? 2. The party shall be deemed to waive any
A: If an answer or a motion for summary judgment objections to the faithfulness of the
has already been served, a complaint shall be reproductions marked, or their
dismissed only upon motion of the plaintiff and by genuineness and due execution. (Sec. 2,
approval of the court, based on such terms and Rule 18).
conditions as the it deems proper. (Sec. 2, Rule
17). Q: What is the effect of failure to file a pre-trial
brief?
The dismissal by motion of the plaintiff is without A: Failure to file the pre-trial brief shall have the
prejudice to the refiling of the same, unless the same effects as failure to appear at the pre-trial.
order of dismissal specifies that it is with prejudice. (Sec. 6, Rule 18).
(Sec. 2, Rule 17).
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K. INTERVENTION 3. Interrogatories to parties (Rule 25);

4. Admission by adverse party (Rule 26);
See discussions on complaint-in-intervention 5. Production or inspection of documents or
under Pleadings (Heading F). things (Rule 27);
6. Physical and mental examination of
L. SUBPOENA persons (Rule 28);
Q: When can subpoena duces tecum be Q: What is a deposition?

quashed? A: A deposition is the testimony of a witness taken
A: A subpoena duces tecum may be quashed upon oral question or written interrogatories, not in
upon motion promptly made at or before the time open court, but in pursuance of a commission to
specified therein: take testimony issued by a court, or under a
1. If it is unreasonable and oppressive general law or court rule on the subject, and
2. The relevancy of the books, documents, reduced to writing and duly authenticated, and
or things does not appear intended to be used in preparation and upon the
3. If the person in whose behalf the trial of a civil or criminal prosecution. (People vs.
subpoena is issued fails to advance the Webb, G.R. No. 176389, 1999).
reasonable cost of the production thereof
4. That the witnesses’ fees and kilometrage Q: From whom and when are depositions
allowed by the Rules were not tendered taken?
when the subpoena was served (Sec. 4, A: For depositions pending an action or appeal,
Rule 21) the testimony of any person, whether a party or
not, may be taken by deposition upon ex parte
Q: When may subpoena ad testificandum be motion of a party. For persons confined in prison,
quashed? their depositions may be taken only by leave and
A: under such terms of the court. (Sec. 1, Rule 23).
1. It is shown that the witness is not bound
thereby NOTE: The 2019 Amendments deleted the phrase
2. The witness fees and kilometrage allowed “By leave of court after jurisdiction has been
by the Rules were not tendered when the obtained over any defendant or over property
subpoena was served (Sec. 4, Rule 21). which is the subject of the action, or without such
leave after an answer has been served…” Thus,
M. COMPUTATION OF TIME the requirement of leave of court is now replaced
with an ex parte motion. (Id.)
Q: What is the correct rule on the computation
of time according to A.M. 00-2-14-SC? For depositions before action (also known as
A: When the due date falls on a Saturday, Sunday, deposition in perpetuam rei memoriam), the
or legal holiday, in which case, the filing of the said testimonies of the following may be taken by
pleading on the next working days is deemed on deposition:
time. Any extension of time to file the required 1. Any person who wants to perpetuate
pleading should be counted from the expiration of his/her own testimony; or
the period regardless of the fact that said due date 2. Any person who wants to perpetuate the
is a Saturday, Sunday, or legal holiday (Reinier testimony of another person.
Pacific International vs. Guevarra, G.R. No. Such person may perpetuate his/her testimony or
157020, 2013). that of another by filing a verified petition in the
court of the place of the residence of any expected
N. MODES OF DISCOVERY adverse party. (Sec. 1, Rule 24)
Q: What are the modes of discovery under the Q: What are depositions by written
Rules of Court? interrogatories?
A: The following are the modes of discovery under A: These are depositions that are conducted
the Rules of Court: through written questions rather than through oral
1. Depositions pending action (Rule 23); examination. (Sec. 1, Rule 23).
2. Depositions before action or pending
appeal (Rule 24);
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Q: What are written interrogatories to adverse A: There is an implied admission if the party to
parties? whom the request is made does not file and serve
A: Its purpose is to elicit material and relevant a sworn statement either:
facts from any adverse party, which may amount 1. Denying specifically the matters of which
to admission. (Sec. 1, Rule 25). an admission is requested; or
2. Setting forth the reasons why he or she
Q: How are written interrogatories made? cannot truthfully admit or deny those
A: Upon ex parte motion, any party desiring to matters.
elicit material and relevant facts from any adverse The sworn statement must be filed and served
party shall file and serve, upon the latter, written within the period designated in the request for
interrogatories. (Sec. 1, Rule 25). admission but shall not be less than fifteen (15)
calendar days after service of the request. (Sec. 2,
NOTE: The 2019 Amendments now explicitly Rule 26).
provide that written interrogatories shall be made
upon ex parte motion. (Id.) Note: A party should not be compelled to admit
matters of fact already admitted by his pleading
Unless thereafter allowed by the court for good and to make a second denial of those already
cause shown and to prevent a failure of justice, a denied in his answer to the complaint. (Po v. CA,
party not served with written interrogatories may 164 SCRA 668, 670 (1988).
not be compelled by the adverse party to give
testimony in open court, or to give a deposition Q: What is production or inspection of
pending appeal. (Sps. Afulugencia v. Metrobank, documents or things?
G.R. No. 185145, 2014). A: Upon motion of any party showing good
cause therefor, the court in which an action is
Q: Differentiate written interrogatories to pending may:
adverse party from deposition by written 1. Order any party to produce and permit the
interrogatories. inspection and copying or photographing,
A: by or on behalf of the moving party, of any
designated documents, papers, books,
WRITTEN DEPOSITION BY
accounts, letters, photographs,
INTERROGATORIES WRITTEN
objects or tangible things, not
TO ADVERSE INTERROGATORIES
privileged, which constitute or contain
PARTIES
evidence material to any matter
Purpose is to elicit facts Purpose is the same involved in the action and which are in
from any adverse party. as other types of his possession, custody or control, or
The answers may depositions. 2. Order any party to permit entry upon
constitute judicial designated land or other property in his
admissions. possession or control for the purpose of
inspecting, measuring, surveying, or
Directed to an adverse Directed to any photographing the property or any
party. person, including the designated relevant object or operation
adverse party. thereon. (Rule 27, Sec. 1).
Written interrogatories Written interrogatories
The order shall specify the time, place and manner
are served to the are served to the
of making the inspection and taking copies and
adverse party. officer who shall take
photographs, and may prescribe such terms and
the deposition.
conditions as are just. (Id.)
Interrogatories are Officer shall take the
answered fully in oral responses of the Q: When can a physical and mental
writing. deponent to the examination of a person be ordered?
written interrogatories. A: When the mental or physical condition of a
party is in controversy, the court, UPON MOTION
(RIANO, 2019, p.492). FOR GOOD CAUSE SHOWN, may order the party
to submit to a physical or mental examination by a
Q: When can there be an implied admission by physician.
an adverse party?
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The party examined MAY request the party Q: What is the remedy in case a party wants to
causing the examination to be made to deliver to contest the denial of a demurrer to evidence?
him a copy of a detailed report of the examining A: In case of the denial of the demurrer and the
physician (Secs. 1-3, Rule 28). case was decided against the defendant, the
remedy is to appeal from the judgment raising as
O. TRIAL error the denial of the demurrer. (Sec. 2, Rule 33).
Q: What are the grounds for the postponement Note: Under the 2019 Amendments, the order
of trial? denying the demurrer to evidence shall not be:
A: 1. Subject of an appeal; or
1. Illness of a party or counsel, provided: 2. Petition for certiorari, prohibition, or
a. An affidavit or sworn certification mandamus before judgment. (Id.).
is presented which shows that the
presence of such party or counsel Q: What is the effect if a demurrer of evidence
at the trial is indispensable; and is granted?
b. The character of the illness is A: The court, upon granting the demurrer, shall
such as to render the non- dismiss the case. (Sec. 1, Rule 33). A dismissal on
attendance excusable (Sec. 3, the basis of a demurrer to evidence is similar to a
Rule 30); judgment; it is a final order ruling on the merits of
2. Other physical inability of the witness to a case. (Republic v. De Borja, G.R. No. 187448,
appear or testify Jan. 9, 2017).
3. Acts of God; or
4. Force majeure. (see Sec. 12 (f), Rule 15). Q: What is the effect if upon appeal, the grant
of a demurrer is reversed?
Q: What is the effect of parties agreeing to A: If on appeal, the order granting the motion for
submit the case for judgment based on the demurrer is reversed, the defendant loses his right
facts agreed upon? to present evidence. (Sec. 1, Rule 33). In such
A: The case will then be submitted for judgment case, the appellate court should not remand the
on the facts agreed upon WITHOUT need for case back to the trial court. Instead, it should
introduction of evidence. render judgment on the basis of the evidence
submitted by the plaintiff. (Radiowealth Finance
If the parties agree only on some of the facts, trial Corp. v. Del Rosario, G.R. No. 138739, Jul. 6,
shall be held as to the disputed facts. (Sec. 7, Rule 2000).
30)
Q: Compare demurrer to evidence in a civil
P. DEMURRER TO EVIDENCE case and in a criminal case.
A:
Q: What is a demurrer to evidence? CIVIL CASE CRIMINAL CASE
A: After the plaintiff has completed the
presentation of his evidence, the defendant may
move for dismissal on the ground that upon the NO need for leave of Leave of court is
facts and the law, the plaintiff has shown NO court for defendant to NECESSARY so that
RIGHT TO RELIEF (Sec. 1, Rule 33). file demurrer to the accused could
evidence. present his evidence if
The evidence contemplated by the rule on his demurrer is denied.
demurrer is that which pertains to the merits of
the case. (Celino v. Heirs of Alejo and Teresa If court finds plaintiff’s If court finds
Santiago, G.R. No. 161817, Jul. 30, 2004). evidence insufficient, prosecution’s evidence
demurrer will be insufficient, demurrer
Q: What is the effect of a denial of a demurrer granted and will be granted and
to evidence? complaint will be judgment will be
A: If the defendant’s motion is denied, the dismissed. This rendered acquitting the
defendant shall have the right to present dismissal is accused. The judgment
evidence. (Sec. 1, Rule 33). appealable. is not appealable
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CIVIL CASE CRIMINAL CASE Q. JUDGMENTS AND FINAL ORDERS
Q: What are the requisites of a valid

based on double judgement?
jeopardy. A: The requisites of a valid judgment are:
1. In writing;
If plaintiff appeals and Judgment is NOT 2. Personally and directly prepared by the
the judgment is appealable by reason judge;
reversed, the of the double jeopardy 3. State clearly and distinctly the facts and
appellate court will rule. the law on which it is based;
decide the case on 4. Signed by the judge;
the basis of plaintiff’s 5. Filed with the clerk of court. (Sec. 1, Rule
evidence and the 36).
defendant loses his
right to present Q: When can a judgment after pre-trial be
evidence. made?
A: The court shall motu proprio include in the pre-
If court denies If court denies trial order that the case be submitted for
demurrer, defendant demurrer, either of the summary judgment or judgment on the
will present his following will happen: pleadings, without need of position papers or
evidence memoranda, should there/it be:
1. If demurrer was 1. No more controverted facts;
WITH express leave of 2. No more genuine issue as to any material
court, accused may fact;
present evidence; 3. Absence of an issue; or
4. That the answer fails to tender an issue.
2. If demurrer was
WITHOUT leave of This is without prejudice to a party moving for
court, accused can no judgment on the pleadings or summary judgment
longer present under Rules 34 and 35, respectively. (Sec. 10,
evidence and the case Rule 18)
is submitted for
decision based on Q: What is a judgment upon a compromise and
prosecution’s what are its effects?
evidence. A: A compromise judgment is a decision rendered
by a court sanctioning the agreement between the
The court cannot, on The court, after the parties concerning the determination of the
its own make a prosecution has rested controversy at hand. (Diamond Builders
demurrer. its case, shall inquire Conglomeration v. Country Bankers Insurance
from the accused if he Corp., G.R. No. 171820, Dec. 13, 2007).
desires to move for
leave of court to file a Judgment upon a compromise is immediately
demurrer or proceed executory upon the signing of the compromise
with the presentation of agreement in the absence of a motion to set aside
his evidence. (Revised on the ground of fraud, mistake, etc. Hence, it has
Guidelines for the effect of res judicata. (World Machine
Continuous Trial in Enterprises v. IAC, G.R. No. 72019, 1990).
Criminal Cases).
Q: When is judgment on the pleadings
(RIANO, 2019, p.516).
allowed?
A: The court may render a judgment on the
pleadings upon motion of the claimant that the
answer:
1. Fails to tender an issue; or
2. Otherwise admits the material allegations of
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the adverse party’s pleading. (Sec. 1, Rule 34) fact except as to the amount of damages. (Ley
Construction and Development Corp. v. Union
An answer fails to tender an issue if it does not Bank of the Philippines, G.R. No. 133801, Jun. 27,
comply with the requirements of a specific denial 2000).
as set out in Sections 8 (actionable document
denial under oath) and 10 (specific denial) [of Rule Q: What are the requisites for a summary
8]. Failure to deny such would result in the judgment?
admission of the material allegations of the A: For a summary judgment to be proper, the
adverse party’s pleadings. (Asian Construction v. movant must establish two requisites:
Sanneadle, G.R. No. 181676, June 11, 2014) 1. There must be no genuine issue as to any
material fact, except for the amount of
The answer admits the material allegations of the damages; and
adverse party’s pleading by: 2. The party presenting the motion for
1. Expressly admitting the truth of such summary judgment must be entitled to a
allegations; judgment as a matter of law. (Rivera v.
2. Failing to make a specific denial of the Solidbank Corporation, G.R. No. 163269,
material allegations; or April 19, 2006)
3. Omitting to deal with the material
allegations at all. (Medical Enterprises, A genuine issue is an issue of fact which requires
Inc. v. Wesleyan University Philippines, the presentation of evidence as distinguished from
G.R. No. 207970, January 20, 2016; a sham, fictitious, contrived or false claim. The trial
RIANO, 2019, p. 544) court can determine a genuine issue on the basis
of the pleadings, admissions, documents,
Q: What are the cases where judgment on the affidavits, or counter affidavits submitted by the
pleadings cannot apply? parties. (Smart Communications, Inc. v. Aldecoa,
A: In the following cases, a judgment on the G.R. No. 166330, September 11, 2013)
pleadings will not apply:
1. Declaration of nullity of marriage; Q: When can a claimant move for a summary
2. Annulment of marriage; and judgment?
3. Legal separation; A: A party seeking to recover upon a claim,
counterclaim, or cross-claim or to obtain a
NOTE: for items 1 to 3, the material facts alleged declaratory relief may, at any time AFTER the
in the complaint shall always be proven. The pleading in answer thereto has been served, may
purpose is to prevent collusion between the move with supporting affidavits, depositions or
parties. (Sec. 1, Rule 34, see Articles 48 and 60 admissions for summary judgment in his favor
of the Family Code) upon all or any part thereof. (Sec. 1, Rule 35).
4. Cases involving unliquidated damages; The phrase "anytime after the pleading in answer
5. Cases where a pleading contains a thereto has been served" in Section 1, Rule 35
conclusion of law since it is the court means "at any stage of the litigation." Whenever it
which makes such conclusions; and becomes evident at any stage of the litigation that
6. Cases where the pleading contains non- no triable issue exists, or that the defenses raised
material averments or allegations. by the defendants are sham or frivolous, plaintiff
may move for summary judgment. (Republic v.
NOTE: for numbers 4 to 6, there can be no Sandiganbayan, G.R. No. 152154, Jul. 15, 2003).
deemed admission for failure to make a specific
denial in the answer. (RIANO, 2019, p. 331, see Q: What is the difference between judgment on
Sec. 11, Rule 8) the pleadings and summary judgments?
A:
Q: What is summary judgment?
A: A summary judgment, also called accelerated
judgment, is proper where, upon a motion filed
after the issues had been joined and on the basis
of the pleadings and papers filed, the court finds
that there is no genuine issue as to any material
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The date of the finality of the judgment or final

JUDGMENT ON THE SUMMARY
order shall be deemed to be the DATE OF ITS
PLEADINGS JUDGMENT
ENTRY. (Sec. 2, Rule 36)
There is an absence of There is an issue, but
Q: What is a memorandum decision?
a factual issue in the the same is not a
A: The judgment or final resolution of the appellate
case because the genuine issue.
court may adopt by reference the findings of facts
answer tenders no Controversy is only
and conclusions of law contained in the decision
issue at all or there is as to the amount of
of the trial court (Solid Homes v. Laserna, G.R. No.
an admission of damages but not as
166051, 2008).
material allegations. to any material fact.
Solely based on the Based on the As long as the memorandum decision (1) states
pleadings. pleadings, the nature of the case; (2) summarizes the facts
depositions, with references to the record; (3) contains a
admissions, and statement of the applicable laws and
affidavits. jurisprudence; and (4) contains the tribunal’s
assessment and conclusions on the case, the
Available only to a Available to both constitutional requirement of a valid judgment will
claiming party like a plaintiff and not be transgressed. (Oil and Natural Gas
plaintiff or a defendant. Commission v. Court of Appeals, G.R. No.
counterclaimant. 114323, Jul. 23, 1998).
On the merits May be interlocutory, Q: What is the doctrine on immutability of

if partial, or on the judgments?
merits. A: A decision that has acquired finality becomes
immutable and unalterable, and may no longer be
Can only be initiated If filed by the modified in any respect, even if the modification is
when an answer has PLAINTIFF, it must meant to correct erroneous conclusions of fact and
already been filed. be filed at any time law, and whether it be made by the court that
after an answer is rendered it or by the Highest Court of the land. Any
served; act which violates this principle must immediately
be struck down. (Sps. Valarao v. MSC and Co.,
If filed by G.R. No. 185331, Jun. 8, 2016).
DEFENDANT, it may
be filed at any time Q: What are exceptions to immutability of
even before there is judgment?
an answer. A: The exceptions to the immutability of final
judgments are:
(RIANO, 2019, pp. 547-548)
1. Correction of clerical errors;
2. Nunc pro tunc entries which cause no
Q: What is rendition of judgment?
prejudice to any party;
A: Rendition of a judgment is the filing of the same
with the clerk of court. (Ago v. Court of Appeals,
"Nunc pro tunc" is a Latin phrase that
G.R. No. L-17898, October 31, 1962) It is not the
means "now for then." A judgment nunc
writing or signing of the judgment which
pro tunc is made to enter into the record
constitutes rendition of the judgment. (Castro v.
an act previously done by the court, which
Malazo, A.M. No. 1237-CAR, 1980).
had been omitted either through
inadvertence or mistake. It neither
Q: When is entry of judgment made?
operates to correct judicial errors nor to
A: If no appeal or motion for new trial or
"supply omitted action by the court." Its
reconsideration is filed within the reglementary
sole purpose is to make a present record
period, the judgment or final order shall be entered
of a "judicial action which has been
by the Clerk in the Book of Entries of Judgment.
actually taken." (Mercury Drug Corp. v.
Spouses Huang, G.R. No. 197654, 2017)
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3. Void judgments; and necessarily adjudicated, or necessarily implied in

4. Whenever circumstances transpire after the final judgment, although no specific finding
the finality of the decision rendering its may have been made in reference thereto, and
execution unjust and inequitable. although such matters were directly referred to in
(Ocampo v. RPN-9/Radio Philippines the pleadings and were not actually or formally
Network, Inc., G.R. No. 192947, 2015) presented. (Smith Bell & Co. vs. CA, G.R. No.
56294, May 20, 1991)
Q: What is res judicata?
A: According to the doctrine of res judicata, an Q: What is the doctrine of the law of the case?
existing final judgment or decree rendered on the A: Law of the case has been defined as the
merits, and without fraud or collusion, by a court of opinion delivered on a former appeal. It means that
competent jurisdiction, upon any matter within its whatever is once irrevocably established as the
jurisdiction, is conclusive of the rights of the parties controlling legal rule of decision between the same
or their privies, in all other actions or suits in the parties in the same case continues to be the law
same or any other judicial tribunal of concurrent of the case whether correct on general principles
jurisdiction on the points and matters in issue in or not, so long as the facts on which such decision
the first suit. (Agustin v. Spouses Delos Santos, was predicated continue to be the facts of the case
G.R. No. 168139, Jan. 20, 2009) before the court. (Radio Communications of the
Philippines v. CA, G.R. No. 139762, Apr. 26, 2006)
Q: What are the two aspects of res judicata?
A: Q: Differentiate res judicata from the law of the
1. Bar by Prior Judgment – the judgment or case.
final order is a bar to the prosecution of a A:
subsequent action based on the same
RES JUDICATA LAW OF THE CASE
claim or cause of action. (see Sec. 39(b),
Rule 47)
2. Conclusiveness of Judgment – the Involves the preclusion Involves the
judgment or final order precludes the re- to the subsequent controlling legal rule
litigation of particular issues or facts on a action involving the irrevocably
different demand or cause of action. (see same parties and established on a
Sec. 39(c), Rule 47) (San Pedro v. same cause of action former appeal which
Binalay, G.R. 126207, Aug. 25, 2005) OR the finality of the shall govern the
issues or facts settled parties in the same
Q: What are the elements of res judicata – bar in the case. case.
by prior judgment?
A: To be an absolute bar to the subsequent action, Applies to a Applies only to the
the following requisites must concur: subsequent case. same case.
1. There must be a final judgment or order;
2. The court rendering it must have Relates to issues of Relates to questions
jurisdiction over the subject matter and the fact and law. of law
parties;
3. It must be a judgment or order on the (Spouses Sy v. Young, G.R. No. 169214, Jun. 19,
merits; and 2013).
4. There must be between the two cases
identity of parties, subject matter and
causes of action. (Id.)
Q: What is res judicata – conclusiveness of

judgment?
A: The general rule precluding the relitigation of
material facts or questions which were in issue and
adjudicated in former action are commonly applied
to all matters essentially connected with the
subject matter of the litigation. Thus, it extends to
questions necessarily involved in an issue, and
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R. POST-JUDGMENT REMEDIES Q: Differentiate a denial of an MR of an

interlocutory order and a denial of an MR of a
1. Motion for new trial or reconsideration final order.
A:
Q: What are the grounds for a motion for
DENIAL OF A DENIAL OF A
reconsideration?
MOTION FOR MOTION FOR
A: (DED) RECONSIDERATION RECONSIDERATION
1. Damages awarded are excessive; OF AN OF A FINAL ORDER
2. Evidence is insufficient to justify the INTERLOCUTORY
decision or final order; and ORDER
3. Decision or final order is contrary to law
(Rule 37, Sec. 1). Not appealable via Appealable via
ordinary appeal; ordinary appeal.
Q: What are the grounds for a motion for new certiorari is proper
trial? (FAME & NDE) remedy.
A: A motion for new trial may be filed upon any
of the following grounds: Example: MR of an Example: MR of an
1. Fraud, accident, mistake or excusable order denying bill of order of dismissal of a
negligence which ordinary prudence particulars. complaint.
could not have guarded against and by
reason of which such aggrieved party has (Sps. Mendiola v. CA, G.R No. 159746, 2012).
probably been impaired in his rights; or
2. Newly discovered evidence, which he 2. Appeal
could not, with reasonable diligence, have
discovered and produced at the trial, and See discussions on Appeals under Heading 3.
which if presented would probably alter APPEAL (RULES 41, 45)
the result (Rule 37, Sec. 1).
3. Petition for relief from judgment
NOTE: For criminal procedure, a new trial can be
granted only Q: What is a Petition for Relief from judgment?
1. On motion of the accused; or A: A petition for relief from judgment is a remedy
2. On motion of the court but with the available ONLY to those PARTIES in the case
consent of the accused (Rule 121, Sec. 1). which is only allowed in exceptional cases when
there is NO OTHER AVAILABLE ADEQUATE
Q: What are the requisites of newly discovered REMEDY and for the following grounds -- fraud,
evidence? accident, mistake or excusable negligence. It is
A: filed with the same court which rendered the
1. New evidence discovered after trial judgment. (Tuason v. CA, G.R. No. 116607, 1996).
2. Such evidence could not have been
previously discovered and produced at the Q: What are the grounds for availing the
trial even with reasonable diligence remedy?
3. It is new and material evidence A: A petition for Relief may be filed based on the
4. If introduced and admitted, it would following grounds:
probably change judgment (Ybiernas vs. 1. When a judgment or final order is entered
Tanco-Gabaldon, G.R.178925, 2011). into, or any other proceeding is thereafter
taken against the petitioner in any court
NOTE: Newly discovered evidence need not be through fraud, accident, mistake or
newly created evidence. It may and does excusable negligence; or
commonly refer to evidence already in existence 2. When the petitioner has been prevented
prior or during trial, but which could not have been from taking an appeal by fraud, accident,
secured and presented during the trial despite mistake or excusable negligence (City of
reasonable diligence on the part of the litigant Dagupan v. Maramba, G.R. No. 17441,
(Tumang v CA, G.R. Nos. 8234647, 1989). 2014).
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Q: What is the time to file a petition for relief of Q: What are the requisites of execution
judgment? pending appeal?
A: The petition shall be filed within sixty (60) days A:
after the petitioner learns of the judgment, final 1. Motion for execution filed by the prevailing
order or proceeding, and NOT more than six (6) party;
months after such judgment or final order was 2. Notice of the motion to adverse party; and
entered, or such proceeding was taken (Rule 38, 3. Good reasons stated in a special order
Sec. 3). after due hearing. (Rule 39, Sec. 2)
4. Annulments of judgment Q: Against whom can a writ of execution be

issued against?
See discussions on Annulment of Judgments A: A writ of execution can only be issued against
under Heading 4. ANNULMENT OF JUDGMENTS a party and not to strangers to a case or those who
(RULE 47). did not have his day in court (Olongapo City v.
Subic Water and Sewerage Co., Inc., G.R. No.
S. EXECUTION, SATISFACTION, AND 171626, 2014).
EFFECT OF JUDGMENTS
Q: Is an appeal from the decision in an action
Q: How should a judgment be executed? for revival of judgment allowed?
A: Judgment should be executed on motion within A: Yes. The party aggrieved may appeal the
five (5) years from entry; or by filing an decision but only insofar as the merits of the action
independent action for revival of judgment after for revival is concerned. The original judgment,
five (5) years but before ten (10) years from entry. which is already final and executory, may no
The revived judgment may be enforced by motion longer be reversed, altered, or modified (Heirs of
five (5) years from date of its entry; or by action, Miranda v. Miranda, G.R. No. 179638, 2013).
after the lapse of five (5) years, before it is barred
by the statute of limitations (Rule 39, Sec. 6). Q: What is the remedy of the third party
claimant to prevent the inclusion of his
Q: When does execution of judgment by property in the execution sale?
motion prescribe? A:
A:
General rule: In 5 years; If issued, valid until 1. He may avail of “terceria” by serving on the
satisfied fully. levying officer an affidavit of his title or right of
possession over the levied property, and
Exception: When delay caused by actions of serving also a copy to the judgment creditor;
judgment debtor and/or is incurred for his benefit
or advantage (Olongapo City v. Subic Water and Note: Terceria is a remedy available to a third
Sewerage, G.R. No. 171626, 2014). person other than the judgment obligor or his
agent who claims a property levied on.
Q: Is execution a matter of right? (Fermin v. Esteves, G.R. No. 147977, 2008)
A: Execution is a matter of right on motion either
upon judgment or order that disposes of the action 2. He may file a case for damages against the
or proceeding, upon expiration of the period to bond issued by the judgment debtor within 120
appeal therefrom and no appeal has been duly days from the date of the filing of the bond.
perfected, or when an appeal has been duly (Sec. 16, Rule 39);
perfected and resolved with finality. (Rule 39, Sec.
1). 3. He may file "any proper action" to vindicate his
claim to the property. (Id.)
Q: Is there discretionary execution?
A: Yes, in two instances. Execution of a judgment Note: A "proper action" is entirely distinct and
or a final order pending appeal and execution of separate from that in which the judgment is
several, separate, or partial judgments (Rule 39, being enforced, filed with the court of
Sec. 2). competent jurisdiction. Such a "proper action"
may have for its object the recovery of
ownership or possession of the property
seized by the sheriff, as well as damages
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from the allegedly wrongful seizure and 2. CRIMINAL PROCEDURE

detention of the property.
A. GENERAL MATTERS
The availment of the remedy of terceria is not
a condition sine qua non to the filing of a Q: What are the cases where the Rules of Court
"proper action." An independent action may be (“Rules”) are applicable? What are the cases
resorted to even before or without need of where the Rules are not applicable?
filing a claim in the court which issued the writ. A: Cases where Rules are applicable:
(Naguit v. Court of Appeals, G.R. No. 137675,
2000) Q. How should the Rules of Criminal Procedure
be construed?
A: These Rules shall be liberally construed in
order to promote their objective of securing a just,
speedy and inexpensive disposition of every
action and proceeding (Rule 1, Sec. 6)
Q. Distinguish jurisdiction over the subject

matter and jurisdiction over the person:
A:
JURISDICTION JURISDICTION
OVER OVER THE PERSON
SUBJECT MATTER OF THE ACCUSED
Derived from the law Acquired either by his

arrest or his voluntary
appearance in court.
It can never be May be acquired by

acquired solely by consent of the accused
consent of the or by waiver of
accused. The parties objections or failure to
cannot waive it. invoke the objection
Objection that the If he fails to make his

court has no objection in time, he
jurisdiction over the will be deemed to have
subject matter may be waived it.
made at any stage of
the proceeding and the
right to make such
objection is never
waived, even on
appeal.
Q: Which officers in the executive department

are under the jurisdiction of the
Sandiganbayan?
A: Only Regional Directors with Salary Grade 27
and higher fall within the exclusive jurisdiction of
the Sandiganbayan. Yet, those that are classified
as Salary Grade 26 and below may still fall within
the jurisdiction of the Sandiganbayan, provided
that they hold the positions enumerated by law.
The specific inclusion constitutes an exception to
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the general qualification. (Duncano v. In Manila and other chartered cities, the complaint
Sandiganbayan, G.R. No. 191894, 2015) shall be filed with the Office of the Prosecutor
unless otherwise provided in their charters. In
Q: Which court has jurisdiction over private contrast, for criminal offenses outside Metro
individuals charged as co-principals, Manila, the complaint/information must be filed
accomplices or accessories with public with the provincial prosecutor or Municipal Trial
officers or employees? Courts. (Rule 110, Sec. 1, Revised Rules of
A: In case private individuals are charged as co- Criminal Procedure)
principals, accomplices or accessories with public
officers or employees, including those employed in Q: Who may conduct a preliminary
government-owned or controlled corporations, investigation?
they shall be tried jointly with said public officers A: Provincial or City Prosecutors and their
and employees in the proper courts which shall Assistants; Judges of the Municipal Trial Courts
exercise exclusive jurisdiction over them. (Disini v. and Municipal Circuit Trial Courts; National and
Sandiganbayan, G.R. Nos. 169823-24, 2013) Regional State Prosecutors; Other officers as may
be authorized by law (e.g. COMELEC Officials, the
Q: May a trial court deny a motion for Ombudsman, the Chairman of the PCGG, etc.)
redetermination of probable cause on the (Rule 112, Secs. 1-2)
ground of lack of jurisdiction over the person
of the accused? Q: Who may file a criminal complaint?
A: The trial court clearly erred in denying A: The offended party, any peace officer, or other
petitioner’s motion for redetermination of probable public officer charged with the enforcement of the
cause due to lack of jurisdiction over the person of law violated. (Rule 110, Sec. 3)
the accused, when the motion was filed prior to his
arrest. Custody of the law is not required for the Q: Who may prosecute criminal actions?
adjudication of reliefs other than an application for A: All criminal actions commenced by complaint or
bail. (David v. Agbay, G.R. No. 199113, 2015) information shall be prosecuted under the direction
and control of the prosecutor.
Q: When does a Court have territorial
jurisdiction? The private Prosecutor May Prosecute the Case in
A: The offense must have been committed or any Case of:
of its essential ingredients took place within the 1. Heavy work schedule of the public
territorial jurisdiction of the court. In criminal cases, prosecutor; or
venue is an essential element of jurisdiction, thus, 2. In the event of lack of public prosecutors.
cannot be waived (Navaja v. De Castro, G.R. No. Provided:
182926, 2015). 1. Authorized in writing by the Chief
of the Prosecution Office or the
B. PROSECUTION OF OFFENSES Regional State Prosecution; and
2. Subject to the approval of the
Q: How are criminal actions instituted? Court.
A: For Offenses Where a Preliminary Investigation Once so authorized, private prosecutors shall
is required: Instituted by filing the complaint with continue to prosecute the case up to the end of
the proper officer for preliminary investigation. trial unless the authority is revoked or withdrawn.
(Sec 1, Rule 110, Revised Rules of Criminal (Sec 5, Rule 110, Revised Rules of Criminal
Procedure) Procedure amended by A.M. No. 02-2-07-SC)
Preliminary investigation is required for offenses Q: What is the effect if the information is filed
where the penalty prescribed by law is AT LEAST by someone not authorized by law?
4 years, 2 months and 1 day (prision correccional A: The court does not acquire jurisdiction. The
max) of imprisonment without regard to the fine. accused’s failure to assert lack of authority on the
part of the prosecutor in filing the information does
For all other offenses: Instituted DIRECTLY with not constitute a waiver thereof. (People v. Garfin,
the Municipal Trial Court and Municipal Circuit G.R. No. 153176, 2004. Quisay v. People G.R. No.
Trial Court or the complaint is filed with the Office 216920, 2016).
of the Prosecutor.
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Q: What crimes cannot be prosecuted de COMPLAINT INFORMATION

officio?
A: Private offenses (concubinage, adultery, charged with the
seduction, abduction, acts of lasciviousness); enforcement of the
law.
Q: Who may prosecute private offenses?
A: Filed either in the Filed in court.
1. Adultery and Concubinage – Municipal Trial Court or
a. Only by the offended spouse who with the provincial/city
should have the status, capacity, and prosecutor’s office.
legal representation at the time of
filing of the complaint regardless of Needs to be sworn Requires no oath.
age Merely requires that it
b. Both guilty parties must be included in be an accusation “in
the complaint. writing.”
c. The offended party did not consent to
the offense nor pardoned the Q. What constitutes a sufficient complaint or
offenders. information?
2. Seduction, Abduction and Acts of A: A complaint or information is sufficient if it states
Lasciviousness – Prosecuted exclusively the: (NDANAP)
and successively by the following persons in 1. Name of the accused;
this order: 2. Designation of the offense by a statute
a. By the offended woman; 3. Acts or omission complained of as
b. By the parents, grandparents or legal/ constituting the offense;
judicial guardians in that successive 4. Name of the offended party;
order, if the offended party is a minor 5. Approximate date of the commission of
or of age but suffers from physical or the offense; and
mental disability; 6. Place where the offense was committed.
c. By the State pursuant to the doctrine
of parens patriae, when the offended Q: What constitutes a sufficient designation of
party dies or becomes incapacitated an offense?
before she could file the complaint A: The Information or Complaint must state or
and she has no known parents, designate the following whenever possible:
grandparents or guardians. 1. The designation of the offense given by
3. Defamation imputing to a person any of the the statute. (If there is no designation of
foregoing crimes of concubinage, adultery, the offense, reference shall be made to
seduction, abduction, rape or acts of the section or subsection of the statute
lasciviousness – Only by the party or parties punishing it)
defamed (Revised Penal Code, Art. 360) 2. The statement of the acts or omissions
constituting the offense, in ordinary,
If the offended party is of legal age and does not concise and particular words.
suffer from physical or mental disability, she alone 3. The specific qualifying and aggravating
can file the complaint to the exclusion of all. (Rule circumstances must be stated in ordinary
110, Sec. 5) and concise language. (Rule 110, Sec. 8)
4. The qualifying and aggravating
Q. Distinguish Complaint from Information: circumstances to be; otherwise, these will
A: not be appreciated. (People v. Lapore,
COMPLAINT INFORMATION G.R. No. 191197, 2015)
Subscribed by the Subscribed by the Q: Can an accused be convicted of an offense

offended party, any prosecutor. It does not not clearly charged in the complaint or
peace officer or other have to be subscribed information?
officer charged with the by the offended party A: As a rule, an accused cannot be convicted of
enforcement of the law or any peace officer or an offense that is not clearly charged in the
violated. other peace officer complaint or information. To convict him of an
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offense other than that charged in the complaint or AMENDMENT SUBSTITUTION

information would be violative of the Constitutional
right to be informed of the nature and cause of the
accusation. (Patula v. People, G.R. No. 164457, When an amendment Another preliminary
2012) is only as to form, investigation is
there is no need for entailed and the
EXCEPTION: Crimes which necessarily includes another preliminary accused has to plead
or are included in the offenses charged in the investigation and the anew to the new
complaint. retaking of the plea of information.
the accused.
Q. Is the designation of the offense by the
Prosecutor controlling? An amended Requires or
A: No. What is controlling is not the title of the information refers to presupposes that the
complaint, nor the designation of the offense the same offense new information
charged or the particular law or part thereof charged in the original involves a different
allegedly violated, these being mere conclusions information or to an offense which does
of law made by the prosecutor, but the description offense which not include or is not
of the crime charged and the particular facts necessarily includes necessarily included
therein recited. (Consigna v. People. G.R. No. or is necessarily in the original charge,
175750-51, 2014). included in the original hence the accused
charge, hence cannot claim double
Q: Must the elements of the crime be alleged in substantial jeopardy.
the information? amendments to the
A: Yes. Every element of the offense must be information after the
stated in the information. What facts and plea has been taken
circumstances are necessary to be included cannot be made over
therein must be determined by reference to the the objection of the
definitions and essentials of the specified crimes. accused, for if the
The requirement of alleging the elements of a original would be
crime in the information is to inform the accused of withdrawn, the
the nature of the accusation against him so as to accused could invoke
enable him to suitably prepare his defense. The double jeopardy.
presumption is that the accused has no
independent knowledge of the facts that constitute Q. Can an Information be amended before
the offense. (People v. Valdez, G.R. No. 175602, arraignment?
2013) A: Yes, amendments in form and substance must
be made before the accused enters his plea,
Q. Differentiate amendment from substitution. without leave of court.
A:
AMENDMENT SUBSTITUTION EXCEPTION: The amendment must be done (a)
upon motion of the prosecutor, (b) with notice to
the offended party and (c) with leave of court,
May involve either Involves substantial when the amendment:
formal or substantial change from original 1. Downgrades the offense charged; or
changes. charge. 2. Excludes from the Information a co-
accused (M. DE LEON).
Amendment before Substitution of
the plea has been information must be Q. Can an Information be amended after
entered can be with leave of court as arraignment?
effected without leave the original A: Yes, but only for formal amendment and only
of court. information has to be with leave of court and without causing prejudice
dismissed.
to the rights of the accused
When a fact supervenes which changes the nature

of the crime charged in the information or
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upgrades it to a higher crime, in which case, there C. PROSECUTION OF CIVIL ACTIONS

is a need for another arraignment of the accused
under the amended information (Rule 110, Sec. Q: When may civil action proceed
14). independently?
A:
Q. When is an Accused considered prejudiced General Rule: Independent civil actions under
by an Amendment? Articles 32 (violation of civil and political rights), 33
A: (defamation, fraud, physical injuries), 34 (refusal of
1. Whether a defense under the information police officer to render aid) and 2176 (quasi-delict)
as it originally stood would be available of the Civil Code:
after the amendment is made; and 1. May be brought by the offended party;
2. Whether any evidence defendant might 2. Proceed independently of criminal action;
have would be equally applicable to the and
information in the new form as in the other 3. Require only a preponderance of
(People v. Borromeo, G.R. No. L-62737 evidence (Rule 111, Sec. 3)
June 29, 1983).
Exception: A plaintiff cannot recover damages
Q. When are amendments formal or twice for the same act or omission of the
substantial? defendant. (Civil Code, Art. 2177)
A: An amendment is merely formal if it did not
change the essence of the offense or cause Q: What is the rule on the implied institution of
surprise as to deprive the petitioner of the civil action with criminal action?
opportunity to meet the new information. If the A:
amendment only states with precision something General Rule: The institution or filing of the
that was already included in the original criminal action includes therein the institution of
Information, it is merely a formal amendment. civil action for recovery of civil liability arising from
(Omar Villarba v. CA, G.R. No. 227777, 2020) the offense charged. (Rule 111, Sec. 1)
The amendment is substantial “when a defense of Exception/s: When the offended party:
the accused, under the original complaint or 1. Waives the civil action;
information, would no longer be available after the 2. Reserves his right to institute the civil
amendment is made, and when any evidence the action separately; or
accused might have would be inapplicable to the 3. Institutes the civil action prior to the
complaint or information, as amended. (Kummer criminal action. (Rule 111, Sec. 1)
v. People, G.R. No. 174461, 2013)
Q: What civil action is deemed instituted with
Q: What are the rules on venue? the criminal action?
A: Penal laws are territorial. The criminal action A: The civil action for the recovery of civil liability
shall be instituted in the court of the municipality or that is deemed instituted with the criminal action
territory where the offense or any of its essential refers only to that arising from the offense
elements occurred. charged. This does NOT include other sources of
civil liability, such as civil liability ex contractu.
Q: May venue be waived in criminal cases? (Solidum v. People, G.R. No. 192123, 2014)
A: No. It is an essential element of jurisdiction.
(Navaja v De Castro, G.R. No. 182926, 2015) Q. When can the civil action be reserved?
A:
Q: What determines the venue in a criminal 1. Before the prosecution starts to present its
action? evidence; and
A: The jurisdiction of a court over the criminal case 2. Under circumstances affording the
is determined by the allegations in the complaint offended party a reasonable opportunity to
or information. What must thus be followed is the make such reservation (Rule 111, Sec. 1).
venue alleged in the information (Evangelista v.
People, G.R. No. 163267, 2010). Q. What instances bar the reservation of the
civil action?
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A: omission from which the civil liability may arise did

1. Criminal action for violation of B.P. 22 and not exist. (Coscuella v. Sandiganbayan. G.R. No.
EstafA: Unless a separate civil action has been 191411, 2013)
filed before the institution of the criminal action, no
such civil action can be instituted after the criminal Q: What is the effect of the death of the
action has been filed as the same has been accused on civil and criminal liability?
included therein. Where the civil action has been A:
filed separately before the criminal action, it may Before Arraignment
be consolidated upon application with the court The criminal action shall be dismissed without
trying the latter case. prejudice to the offended party’s filing any civil
action against the estate of the deceased.
NOTE: The civil liability arising from the act of
issuing a bouncing check can be the subject of After Arraignment and During the Pendency of
both civil actions deemed instituted with the estafa the Criminal Action
case and the BP 22 violation. In the crimes of both
estafa and violation of BP 22, Rule 111 of the General Rule: Death extinguishes the civil liability
Rules of Court expressly allows, even arising from delict or the offense.
automatically, the institution of a civil action
without need of election by the offended party. Exception: Where civil liability is predicated on
(Rodriguez v. Ponferrada, G.R. Nos. 155531-34, other sources of obligations such as law, contract,
2005) quasi-contract, and quasi-delict (Asilo v. People
G.R. Nos. 159017-18, 2011) - Independent civil
2. A claim arising from an offense which is action
cognizable by the SB – a civil action filed prior to
the criminal action has to be transferred to the After Final Judgment
subsequently filed criminal action for joint hearing The action is enforced as a money claim against
(P.D. No.1606 as amended by R.A. No. 8249, Sec. the estate. (Rule 86)
4);
Q: What is a prejudicial question?
NOTE: The filing of the criminal action shall be A: One which arises in a case, the resolution of
deemed to necessarily carry with it the filing of the which is a logical antecedent of the issue involved
civil action, and no right to reserve the filing of such in the criminal case and the cognizance of which
civil action separately from the criminal action shall pertains to another tribunal. (Zapata v. Montesa,
be recognized. However, where the civil action G.R. No. L-14534, 1962)
had heretofore been filed separately but judgment
has not been rendered, and a criminal case is filed Q. When can an accused move for the
before the Sandiganbayan or appropriate court, suspension of the criminal action based upon
said civil action shall be transferred thereto. a prejudicial question
Otherwise, the civil action shall be abandoned. A: A petition for suspension of the criminal action
(P.D. No. 1606, as amended by R.A. No. 10660, based upon the pendency of a prejudicial question
Sec. 4) in a civil action may be filed in the office of the
prosecutor or the court conducting the preliminary
3. Tax cases (R.A. No. 9282, Sec. 7[b][1]); and investigation. Even during preliminary
investigation, a petition for suspension based on
4. Civil actions, which can be filed and prosecuted prejudicial question can be filed before the
independently of the criminal action, namely, those investigating officer.
provided in Articles 32, 33, 34 and 2176 of the Civil
Code. When the criminal action has been filed in court for
trial, the petition to suspend shall be filed in the
Q: Does the acquittal of the accused bar the same criminal action at any time before the
filing of a civil case against the accused? prosecution rests (Rule 111, Sec. 6).
A: The acquittal of petitioner does not bar the
offended party from pursuing a subsequent civil Q: What are the elements of a prejudicial
case based on the delict, UNLESS, the judgment question?
of acquittal expressly declares that the act or
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A: The elements are: merely inquisitorial, and is often the only means of
1. The civil case involves facts intimately discovering whether a person may be reasonably
related to those upon which the criminal charged with a crime, to enable the prosecutor to
prosecution prepare the information. It is not yet a trial on the
would be based; merits, for its only purpose is to determine whether
2. In the resolution of the issue or issues a crime has been committed and whether there is
raised in the civil action, the guilt or probable cause to believe that the accused is
innocence of the accused would guilty thereof. What is required is only that the
necessarily be determined; and evidence be sufficient to establish probable cause
3. Jurisdiction to try said question must be that the accused committed the crime charged, not
lodged in another tribunal. (People v. that all reasonable doubt of the guilt of the accused
Arambulo, G.R. No. 186597, 2015) be removed. (Enrile and Enrile v. Judge
Manalastas, et al., G.R. No. 166414, 2014)
Q: Is there a prejudicial question if the civil and
criminal action can proceed independently? Q: Is preliminary investigation covered by the
A: There is no prejudicial question if the civil and Due Process clause of the Constitution?
the criminal action can, according to law, proceed A: No. The right to a preliminary investigation is
independently of each other. Under Rule 111, personal. It is afforded to the accused by statute,
Section 3 of the Revised Rules on Criminal and can be waived, either expressly or by
Procedure, in the cases provided in Articles 32, 33, implication. (Benedicto v. CA, G.R. No, 125359,
34 and 2176 of the Civil Code, the independent 2001)
civil action may be brought by the offended party.
It shall proceed independently of the criminal Q: When is it required?
action and shall require only a preponderance of A:
evidence. In no case, however, may the offended General Rule: BEFORE the filing of a complaint
party recover damages twice for the same act or or information for an offense where the penalty
omission charged in the criminal action. (Consing, prescribed by law is at least 4 years, 2 months and
Jr. vs. People, G.R. No. 161075, 2013) 1 day without regard to the fine.
Q: Must a civil case precede the criminal case Exception: If the accused was arrested by virtue
for the doctrine of prejudicial question to of lawful arrest without warrant (Rule 112, Sec. 1)
apply?
A: Q: When may an appeal against the findings in
General Rule: There must be a previously a Preliminary Investigation be brought to the
instituted civil action and a subsequent criminal Secretary of Justice?
action for the doctrine of prejudicial question to A: Within 15 days from receipt of the decision of
apply. the Chief State Prosecutor, Regional State
Prosecutors and Provincial/City Prosecutors, or
Exception: The Supreme Court has relaxed this from the denial of the motion for
rule in terms of scope and application, extending it reconsideration/reinvestigation if one has been
to a previously instituted administrative case and a filed. (2000 NPS Rules on Appeal, Sec. 3)
subsequent civil case (Quiambao v. Osorio, G.R.
No. L-48157, 1998) and also a previously Q: On what grounds may the Secretary of
instituted administrative case and a subsequent Justice Review the findings of the
criminal case (San Miguel Properties, Inc. vs. Sec. Investigating Prosecutor in a preliminary
Hernando Perez, G.R. No. 166836, 2013). investigation?
A: Decisions of the Chief State Prosecutor,
D. PRELIMINARY INVESTIGATION Regional State Prosecutors and Provincial/City
Prosecutors may only be appealed from to the
Q: What is the nature of a preliminary DOJ on grounds of manifest error or grave abuse
investigation? of discretion. (2008 NPS Manual, Part IV, Sec. 4).
A: The preliminary investigation, which is the
occasion for the submission of the parties’ A motion for reinvestigation may be filed on
respective affidavits, counter-affidavits and grounds that new and material evidence has been
evidence to buttress their separate allegations, is discovered which petitioner could not, with
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reasonable diligence, have discovered during the A: Inquest is an informal and summary
preliminary investigation and which if produced investigation conducted by a public prosecutor in
and admitted would probably change the criminal cases involving persons arrested and
resolution. (2008 NPS Manual, Part IV, Sec. 7). detained without the benefit of a warrant of arrest
issued by the court for the purpose of determining
Q: Can the courts rule on the validity of the whether or not said persons should remain under
Secretary of Justice’s determination of the custody and correspondingly charged in court.
existence of lack of probable cause? (DOJ Department Circular No. 61, 1993)
A: No. The settled policy is that the courts will not
interfere with the executive determination of Q: When may a warrant of arrest be issued?
probable cause for the purpose of filing an A: The judge, upon the filing of the complaint or
information, in the absence of grave abuse of information with the court, finds probable cause,
discretion. That abuse of discretion must be so he/she shall issue a warrant of arrest or a
patent and gross as to amount to an evasion of a commitment order (if the accused had already
positive duty or a virtual refusal to perform a duty been arrested) and hold him/her for trial. If the
enjoined by law or to act at all in contemplation of judge is satisfied that there is no necessity for
law, such as where the power is exercised in an placing the accused under custody, he/she may
arbitrary and despotic manner by reason of issue summons instead of warrant of arrest.
passion or hostility. (Metropolitan Bank and Trust
Co. V. Tobias, G.R. No. 177780, 2012) If the judge does not find probable cause, he may
either dismiss the case or give the prosecutor a
Q: Can the Secretary of Justice conduct period of 10 days to file additional evidence. If the
automatic review of the Provincial judge dismisses the case, he must state the basis
Prosecutor's affirmance of former resolutions of his dismissal.
issued by previous investigating prosecutors
without conducting an actual reinvestigation However, if the evidence on record shows that,
of the case? more likely than not, the crime charged has been
A: Yes. The Secretary of Justice is empowered to committed and that respondent is probably guilty
review the actions of the Provincial Fiscal during of the same, the judge should not dismiss the case
the preliminary investigation or the reinvestigation and thereon, order the parties to proceed to trial.
by virtue of Section 4, Rule 112 of the Rules of (People vs. Young, GR No. 213910, 2016)
Court which recognizes the Secretary of Justice's
power to review the actions of the investigating Q: Distinguish Probable cause to be
prosecutor, even motu proprio. (Fortaleza v. determined by Prosecutor vis-à-vis bya Judge.
Gonzales, G.R. No. 179287, 2016) A: Determination of probable cause is either
executive or judicial in nature. The first pertains to
Q. If the Secretary of Justice reverses an the duty of the public prosecutor during preliminary
Investigating Prosecutor’s findings in a investigation for the purpose of filing an
Preliminary Investigation, and the Prosecutor information in court. At this juncture, the
subsequently moves for the withdrawal of the investigating prosecutor evaluates if the facts are
Information, is the Court bound to grant the sufficient to engender a well-founded belief that a
motion? crime has been committed and that the accused is
A: Once a complaint or information is filed in Court probably guilty thereof.
any disposition of the case as its dismissal or the
conviction or acquittal of the accused rests in the On the other hand, judicial determination of
sound discretion of the Court. Although the fiscal probable cause refers to the prerogative of the
retains the direction and control of the prosecution judge to ascertain if a warrant of arrest should be
of criminal cases even while the case is already in issued against the accused. At this stage, the
Court he cannot impose his opinion on the trial judge makes a preliminary examination of the
court. The Court is the best and sole judge on what evidence submitted, and on the strength thereof,
to do with the case before it. (Crespo v. Mogul, and independent from the findings of the public
G.R. No. L-53373, 1987) prosecutor, determines the necessity of placing
the accused under immediate custody in order not
Q. What is an Inquest? to frustrate the ends of justice. (People v. Young,
GR 213910, 2016)
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he must sign a waiver of the provisions of Article

Q: Can a judge issue a warrant of arrest even 125 of the RPC.
though the preliminary investigation is not yet 1. If the accused allows himself to be
finished? arraigned without asking for a preliminary
A: Section 6(b) of Rule 112 also states that the investigation, he is deemed to have
investigating judge could issue a warrant of arrest waived the right to such PI.
during the preliminary investigation even without 2. If the complaint or information was filed
awaiting its conclusion should he find after an without PI, the accused may, within 5 days
examination in writing and under oath of the from the time he learns of the filing of the
complainant and the witnesses in the form of information, ask for a preliminary
searching questions and answers that a probable investigation with the same right to
cause existed, and that there was a necessity of adduce evidence in his favor in the
placing the respondent under immediate custody manner prescribed in this Rule. (5–day
in order not to frustrate the ends of justice. period is MANDATORY; failure to file
(Mangila v. Pangilinan, G.R. No. 160739, 2013) within the said period amounts to a
waiver)
Q. Who conducts an Inquest? 3. Where the information was amended
A: The inquest is conducted by a public prosecutor without a new PI having been conducted,
who is assigned inquest duties as an Inquest the 5-day period is computed from the
Officer and is to discharge his duties, unless time the accused learns of the filing of said
otherwise directed, only at the police amended information (Rule 112, Sec. 7).
stations/headquarters of the PNP in order to
expedite and facilitate the disposition of inquest Q. Can an inquest prosecutor investigate the
cases. (Sec. 2, Part II, Manual for Prosecutors). accused for a crime other than that which
caused the arrest?
Q. What are the duties of an Inquest Officer? A: Inquest prosecutors can only conduct an
A: inquest for the offense that was alleged in the
1. To determine if the arrest of the detained arrest report. If they conduct an inquest for any
person is valid; other offense, they overstep their authority,
2. If found valid he shall: rendering the second inquest void. (Beltran v.
a. Ask the detainee if he desires to People, G.R. No. 175013, 2007)
avail of himself preliminary
investigation Q: What is the effect of absence of preliminary
b. If he does, he shall be made to investigation?
execute a waiver of the provision A: The absence of a preliminary investigation does
of Art. 125 of the RPC. not impair the validity of the information or
3. If the arrest was not made in accordance otherwise render it defective. Neither does it affect
with the law and/or the Rules, he shall: the jurisdiction of the court or constitute a ground
a. Recommend the release of the for quashing the information. The trial court,
person arrested or detained instead of dismissing the information, should hold
b. Note down the disposition on the in abeyance the proceedings and order the public
referral document;\Prepare a brief prosecutor to conduct a preliminary investigation.
memorandum indicating the (Villaflor v. Viva, G.R. No. 134744, 2001)
reasons for the action taken
4. Forward the same, together with the E. ARREST
record of the case to the City or Provincial
Prosecutor for appropriate action (Sec. 9 Q: When is a warrantless arrest valid and
DOJ Circular No. 61). lawful?
A:
Q. Under what conditions may an accused who 1. When in the presence of the arresting
underwent an inquest request a preliminary officer, the person to be arrested has
investigation? committed, is actually committing or is
A: Before the filing of a complaint or information, attempting to commit an offense (in
the person arrested without a warrant may ask for flagrante delicto) (Rule 113, Sec. 5[a])
a preliminary investigation by a proper officer, but 2. When an offense has just been committed
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and he has probable cause to believe of such a valid warrantless arrest?

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

arrest in flagrante delicto? What are the effects
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Q: How is an arrest made? 5. When giving of such information will

A: imperil the arrest (Rule 113, Sec. 9).
1. By actual restraint of the person to be
arrested; or Q: What is the effect of the failure to raise an
2. By his/her submission to the custody of objection to the irregularity of arrest before
the person making the arrest. (Rule 113, arraignment?
Secs. 1- 2) A: An accused is estopped from assailing any
irregularity of his arrest if he fails to raise this issue
Q: What are the methods of arrest? or to move for the quashal of the information
A: against him on this ground before arraignment.
Any objection involving a warrant of arrest or the
(1) By an officer with a warrant procedure by which the court acquired jurisdiction
Inform the person to be arrested of the: over the person of the accused must be made
1. Cause of the arrest and before he enters his plea; otherwise, the objection
2. The fact that a warrant has been issued is deemed waived. (Salvador V. Rebellion v.
for his arrest (Rule 113, Sec. 7). People, G.R. No. 175700, 2010)
Exceptions: Q: Are routine baggage inspections conducted

1. When a person flees; or by port authorities, done without a search
2. When a person forcibly resists before warrant, unreasonable per se? Is it the same as
the officer has opportunity to so a customs search?
inform him; or A: With port security personnel's functions having
3. When the giving of such information the color of state-related functions and deemed
will imperil his arrest (Rule 113, Sec. agents of government, the Bill of Rights applies in
7). this case.
(2) By an officer without a warrant Searches pursuant to port security measures are
Inform the person to be arrested of: not unreasonable per se. The security measures
1. His authority and of x-ray scanning and inspection in domestic ports
2. The cause of the arrest (Rule 113, Sec. 8). are akin to routine security procedures in airports.
The reason behind it is that there is a reasonable
Exceptions: reduced expectation of privacy when coming into
1. When the person is engaged in the airports or ports of travel.
commission of an offense; or
2. Pursued immediately after its Travelers are often notified through airport public
commission; or address systems, signs and notices in their airline
3. Has escaped, flees; or tickets that they are subject to search and, if any
4. Forcibly resists before the officer prohibited materials or substances are found, such
has opportunity to so inform him; or would be subject to seizure. These
5. When giving of such information will announcements place passengers on notice that
imperil the arrest (Rule 113, Sec. 8). ordinary constitutional protections against
warrantless searches and seizures do not apply to
(3) By a private person routine airport procedures.
Inform the person to be arrested of:
1. Intention to arrest him and It is also important to note that routine baggage
2. The cause of the arrest (Rule 113, Sec. 9). inspections are different from a customs search.
Although customs searches usually occur within
Exceptions: ports or terminals, it is important that the search
1. The person to be arrested is engaged must be for the enforcement of customs laws.
in the commission of an offense; (Dela Cruz v. People, G.R. No. 209387, 2016)
2. Pursued immediately after its
commission; Q: Can an anonymous tip be the basis of a
3. Has escaped, flees; warrantless search?
4. Forcibly resists before the officer has A: Exclusive reliance on an unverified, anonymous
opportunity to so inform him; or tip cannot engender probable cause that permits a
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warrantless search of a moving vehicle that goes reasonable effort, ascertain and identify the place
beyond a visual search (People v. Sapla, G.R. No. intended and distinguish it from other places in the
244045, 2020) community. Any designation or description known
to the locality that points out the place to the
F. SEARCH AND SEIZURE exclusion of all others, and on inquiry leads the
officers unerringly to it, satisfies the constitutional
Q: What is the nature of a search warrant? requirement. (Laud v. People, G.R. No. 199032,
A: A search warrant is an order in writing issued in 2014)
the name of the People of the Philippines, signed
by the judge and directed to a peace officer, Q: When does a search warrant particularly
commanding him to search for personal property describe the things to be seized?
described therein and bring it before the court. A:
(Rule 126, Sec. 1) a. The description therein is as specific as
the circumstances will ordinarily allow
Q: Is an application for a search warrant a (People v. Rubio, 57 Phil. 384, 1932)
criminal action? b. The description expresses a conclusion of
A: No. A warrant such as a warrant of arrest or a fact- not of law- by which the warrant
search warrant merely constitutes a court process. officer may be guided in making the
It is in the nature of a criminal process akin to a search and seizure (idem., dissent of
writ of discovery. It is a special and peculiar Abad Santos, J.) or
remedy, drastic in its nature, and made necessary c. Things described are limited to those
because of a public necessity. In American which bear direct relation to the offense for
jurisdictions, from which we have taken our jural which the warrant is being issued. (Sec. 2,
concept and provisions on search warrants, such Rule 126, Revised Rules of Court; Laud v.
warrant is definitively considered merely as a People, G.R. No. 199032, 2014)
process, generally issued by a court in the
exercise of its ancilliary jurisdiction. (Pilipinas Shell Q: Where is the application for a search
Petroleum Corp., et al. v. Romars International warrant filed?
Gases., G.R. No. 189669, 2015) A: Before any court w/in whose territorial
jurisdiction a crime was committed. (De Joya v.
Q: When can a search warrant or warrant of Marquez, citing Regalado, Remedial Law
arrest be issued? Compendium, Vol. 1, pp. 7-9; Sps. Marimla v.
A: No search warrant or warrant of arrest shall People, G.R. No. 158467, 2009)
issue except upon probable cause to be
determined personally by the judge after Exceptions:
examination under oath or affirmation of the 1. Before any court w/in the judicial region
complainant and the witnesses he may produce, where the crime was committed if the
and particularly describing the place to be place of the crime is known. (A.M. No. 00-
searched and the persons or things to be seized. 5-03-SC as cited in Sps. Marimla v.
(PHIL. CONST. art. III, § 2) People, G.R. No. 158467, 2009)
2. Before any court w/in the judicial region
Q: What are the purposes of the constitutional where the warrant shall be enforced. (A.M.
provision against unlawful searches and No. 00-5- 03-SC as cited in Sps. Marimla
seizure? v. People, G.R. No. 158467, 2009)
A: To prevent the officers of the law from violating
private security in person and property and illegally Note: In both exceptions, filing in such
invading the sanctity of the home; and give remedy courts requires compelling reasons stated
against such usurpations when attempted or in the application.
committed. (PLDT v. Razon, G.R. No. 179408,
2014) 3. Application shall be made only in the court
where the criminal action is pending, if
Q: How must be the place described in order criminal action has already been filed.
for a warrant to be issued? (Sec. 2, Rule 126, Revised Rules of
A: A description of a place to be searched is Criminal Procedure)
sufficient if the officer with the warrant can, with
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Q: What are the exceptions to the requirement Q: What are the forms of bail?
of a search warrant? A: These are:
A: 1. Corporate surety (bond issued by an
1. Search incidental to lawful arrest authorized agent of a corporation
2. Seizure of evidence in “plain view” authorized by law to act as surety);
3. Search of a moving vehicle 2. Property bond (an undertaking constituted
4. Consented warrantless search as a lien on the property given as security
5. Customs search for bail;
6. Stop and frisk (Terry searches) 3. Cash deposit; and
7. Checkpoints 4. Recognizance (release of any person in
8. Exigent and emergency circumstances custody or detention for the commission of
9. Search of vessels and aircraft an offense who is unable to post bail due
10. Inspection of buildings and other premises to abject poverty). (Rule 114, Sec. 1)
for the enforcement of fire, sanitary and
building regulations (People v. Bacla-an Q: Distinguish Bail Bond from Recognizance
Lapitaje, G.R. No. 132042, February 19, A:
2003)
BAIL BOND RECOGNIZANCE
11. Inventory searches (Colorado v. Bertine,
479 US 367).
An obligation given by An obligation of
the accused with one or record, entered into
Q: What are the remedies against the issuance
more sureties and before some court or
of a Search Warrant?
made payable to the magistrate duly
A:
proper officer with the authorized to take it,
1. Motion to Quash the Search Warrant
condition to be void with the condition to
2. Motion to Suppress Evidence the object
upon performance by do some particular act
illegally taken
the accused of such
3. Replevin, if the objects are legally
acts as he may legally
possessed
be required to perform.
4. Certiorari, where the search warrant is a
patent nullity.
5. File a complaint for damages under Art. Q: What are the bail-negating circumstances?
32, in relation to Art. 2219 (6) and (10) of A: If the penalty imposed by the trial court is
the Civil Code; imprisonment exceeding 6 years, the accused
6. File an administrative case under Section shall be denied bail or his bail be cancelled upon
41 of R.A. No. 6975 a showing by the prosecution of the following:
1. Accused is a recidivist, quasi-recidivist or
Q: What are the exceptions to the fruit of the habitual delinquent or has committed the
poisonous tree doctrine? crime aggravated by the circumstance of
A: reiteration; [Recidivist]
1. Evidence obtained independently from the 2. That he has previously escaped from legal
misconduct (Nix v. Williams, 467 US 431, confinement, evaded sentence or violated the
1984) condition of his bail without valid justification;
2. Evidence subject to inevitable discovery [Escaped]
(Nix, supra.) 3. That he committed the offense while under
3. Attenuated taint (Nardone v. US. 308 US probation, parole or conditional pardon;
388, 1939). [Probation]
4. That the circumstances of his case indicate
G. BAIL the probability of flight if released on bail;
[Flight- risk] or
Q: What is Bail? 5. That there is undue risk that he may commit
A: It is the security given for the release of a another crime during the pendency of the
person in custody of the law, furnished by him or a appeal. [Crime-risk] (Rule 114, Sec. 5)
bondsman, to guarantee his appearance before
any court as required under the conditions
hereinafter specified. (Rule 114, Sec. 1)
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Q: When is bail a matter of right? prosecution refuses to present evidence

A: to show that the guilt of the accused is
1. Before or after conviction by the MTC; and strong for the purpose of enabling the
2. Before conviction by RTC for all offenses court to exercise its sound discretion;
punishable by a penalty lower than 3. Decide whether the guilt of the accused is
reclusion perpetua, death, or life strong based on the summary of evidence
imprisonment. (Rule 114, Sec. 4) of the prosecution;
4. If the guilt of the accused is not strong,
Q: When is bail a matter of discretion? discharge the accused upon the approval
A: of the bailbond (Enrile v. Sandiganbayan,
1. Before conviction, in offenses punishable G.R. No. 213847, 2015)
by death, reclusion perpetua or life
imprisonment Q: What are the conditions for bail?
2. After conviction by the RTC of a non- A:
capital offense. (Rule 114, Sec. 5) 1. The accused shall appear before the
proper court whenever required by the
Q: When is hearing for bail mandatory? court of these Rules;
A: Although in theory, the only function of bail is to 2. The failure of the accused to appear at the
ensure the appearance of the accused at the time trial without justification and despite due
set for the arraignment and trial; and in practice, notice shall be deemed a waiver of his
bail serves the further purpose of preventing the right to be present thereat. In such case,
release of an accused who may be dangerous to the trial may proceed in absentia; and
society or whom the judge may not want to 3. The bondsman shall surrender the
release, a hearing upon notice is mandatory accused to the court for execution of the
before the grant of bail, whether bail is a matter of final judgment.
right or discretion. With more reason is this true in
criminal prosecutions of a capital offense, or of an The undertaking shall be effective upon
offense punishable by reclusion perpetua or life approval, and unless cancelled, shall remain
imprisonment. in force at all stages of the case until
promulgation of the judgment of the Regional
Even if the accused did not file an application for Trial Court, irrespective of whether the case
bail and even if the public prosecutor had was originally filed in or appealed to it. (Rule
recommended bail, a hearing should still be held. 114, Sec. 2)
Such hearing is separate and distinct from the
initial hearing to determine the existence of Q: Is arraignment required before the granting
probable cause. (Atty. Franklin G. Gacal v. Judge of bail?
Jaime I. Infante, A.M. No. RTJ-04-1845, 2011) A: No. Bail does not require arraignment. As long
as there is deprivation of liberty or voluntary
Petitions for Bail must be resolved within the non- surrender, one can apply for bail. (Serapio v.
extendible period of 30 days, except in drug cases Sandiganbayan, G.R. No. 148468, 2003)
which shall be 20 days. (Continuous Trial
Guidelines, A.M. No. 15-06-10-SC, 11(a)). The trial court could ensure the presence of the
accused at the arraignment precisely by granting
Q: What are the duties of a trial judge in a bail and ordering his presence at any stage of the
petition for bail in offenses punishable by proceedings such as arraignment. (Rule 114, Sec.
reclusion perpetua, life imprisonment, or 2)
death?
A: Requiring arraignment would place the accused in
1. In all cases, whether bail is a matter of a position where he has to choose between 1)
right or of discretion, notify the prosecutor filing a motion to quash and thus delay his release
of the hearing of the application for bail or on bail and; 2) foregoing the filing of a motion to
require him to submit his recommendation quash so that he can be arraigned at once and
2. Where bail is a matter of discretion, thereafter be released on bail. These scenarios
conduct a hearing of the application for certainly undermine the accused’s constitutional
bail regardless of whether or not the right not to be put on trial except upon valid
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complaint or information sufficient to charge him application for admission to bail shall not bar the
with a crime and his right to bail. (Lavides v. Court accused from:
of Appeals, G.R. No. 129670, 2000) 1. Challenging the validity of his arrest; or
2. The legality of the warrant issued
Q: Distinguish custody of law from jurisdiction therefore; or
over the person. 3. From assailing the regularity or
A: questioning the absence of a preliminary
JURISDICTION investigation of the charge against him.
CUSTODY OF LAW
OVER THE PERSON
Required before the Required for the PROVIDED: That the accused raises
court can act upon the adjudication of other them before entering his plea. The court
application for bail reliefs shall resolve the matter as early as
Accomplished by Acquired upon his practicable, but not later than the start of
either arrest or arrest or voluntary the trial of the case. (Rule 114, Sec. 26)
voluntary surrender appearance
One can be under the One can be subject to Q: What happens when an accused who is
custody of the law but the jurisdiction of the granted bail fails to appear before the court
not yet subject to the court over his person, who requires his appearance?
jurisdiction of the court and yet not be in the A: When bail is granted, the accused must appear
over his person, such custody of the law, whenever the court requires his presence;
as when a person such as when an otherwise, his bail shall be forfeited. This
arrested by virtue of a accused escapes authorizes the court to cancel the bail bond. Any
warrant files a motion custody after his trial motion for bail pending appeal will also be denied
before arraignment to has commenced because of violation of the conditions of the
quash the warrant previous bail. Once an accused escapes from
prison or confinement, jumps bail or flees to a
Jurisdiction over the person of the accused is foreign country, he loses his standing in court.
acquired upon his arrest or voluntary appearance. Unless he surrenders or submits to the jurisdiction
One can be under the custody of the law but not of the court, he is deemed to have waived any
yet subject to the jurisdiction of the court over his right.
person, such as when a person is arrested by
virtue of a warrant files a motion before Q: What happens when an accused violates
arraignment files a motion before arraignment to the conditions of bail while pending appeal?
quash the warrant. On the other hand, one can be A: The Court may, at the instance of the appellee
subject to the jurisdiction of the court over his or its own motion, dismiss the appeal. (Rule 124,
person yet not be in the custody of the law, such Sec. 8)
as when an accused escapes custody after his trial
has commenced. Being in the custody of the law Q: What factors may the Court consider in
signifies restraint on the person, [it] is literally setting the amount of bail?
custody over the body of the accused. (David v. A:
Agbay, G.R. No, 199113, 2015). 1. Financial ability of the accused to give
bail;
Custody of the law is required before the court can 2. Nature and circumstances of the offense;
act upon the application for bail, but is not required 3. Penalty for the offense charged;
for the adjudication of other reliefs sought by the 4. Character and reputation of the accused;
defendant where the mere application therefor 5. Age and health of the accused;
constitutes a waiver of the defense of lack of 6. Weight of the evidence against the
jurisdiction over the person of the accused. (M. DE accused;
LEON) 7. Probability of the accused appearing at
the trial;
Q: Is the application for bail a bar to objections 8. Forfeiture of other bail;
on illegal arrest, lack of or irregular preliminary 9. The fact that the accused was a fugitive
investigation? from justice when arrested; and
A: Bail is not a bar to objections on illegal arrest, 10. Pendency of other cases where the
lack of or irregular preliminary investigation. An accused is on bail (Rule 114, Sec. 9).
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Q: Where may Bail be filed? arraigned within 10 days from receipt by the
A: Bail, Where Filed judge of the records of the case. [R.A. 8493
1. May be filed with the court where the case is Speedy Trial Act]
pending: (e.g., if a case for homicide is 2. Where the complainant is about to depart from
pending before Branch 1 of RTC Manila, the the Philippines with no definite date of return,
accused should post/file bail in Branch 1); the accused should be arraigned without
2. In the absence or unavailability of the judge delay. [R.A. 4908]
thereof, with the regional trial judge or any first 3. Cases under R.A. 7610 (Child Abuse Act), the
court judge in the province, city or municipality; trial shall be commenced within 3 days from
3. If the accused was arrested in a province, city arraignment.
or municipality other than where the case is 4. Cases under the Dangerous Drugs Act.
pending, bail may be filed with the RTC of the 5. Cases under SC AO 104-96, i.e., heinous
said place or if no judge is available, with any crimes, violations of the Intellectual Property
first court judge therein; Rights Law, these cases must be tried
4. Where bail is a matter of discretion or the continuously until terminated within 60 days
accused seeks to be released on from commencement of the trial and to be
recognizance, it may only be filed in the court decided within 30 days from the submission of
where the case is pending, whether on trial or the case.
appeal;
5. Any person not yet charged in court may apply Q: What is plea bargaining?
for bail with any court in the province, city or A: Plea Bargaining is the process whereby the
municipality where he is held; accused, the offended party and the prosecution
6. If the accused was convicted and the nature of work out a mutually satisfactory disposition of the
the offense changed from non-bailable to case subject to the court’s approval. It usually
bailable, the application can be made with and involves the defendant’s pleading guilty to a lesser
resolved by the appellate court (Rule 114, offense or to only one or some of the counts of a
Sec. 17) multi-count indictment in return for a lighter
sentence than that for the graver charge. (Daan v.
H. ARRAINGMENT AND PLEA Sandiganbayan, G.R. No. 163972-77, 2008)
Q: What is Arraignment? NOTE: Acceptance of an offer to plead guilty is not

A: Arraignment means the proceeding in a a demandable right but depends on the consent of
criminal case, whose object is to fix the identity of the offended party and the prosecutor. It is further
the accused, to inform him of the charge and to addressed to the sound discretion of the trial court.
give him an opportunity to plead, or to obtain from (Estipona v. Lobrigo, G.R. No. 226679, 2017)
the accused his answer, in other words, his plea to
the information. (People v. Pillado, G.R. No. L- Q: When may accused enter a plea of guilty to
7254, 1954) a lesser offense?
A:
Q: When should arraignment be held? Plea to Lesser Offense During Arraignment.
A: Accused should be arraigned within 30 days During arraignment, the accused may enter a plea
from the date the court acquires jurisdiction over of guilty to a lesser offense PROVIDED there is
his person, unless a shorter period is provided for consent of the offended party AND of the
by law. The time of the pendency of a motion to prosecutor to the plea of guilty to a lesser offense
quash or a bill of particulars or other causes that is necessarily included in the offense charged.
justifying suspension of arraignment shall be The accused may also enter a plea of guilty to a
excluded in computing the period. (Rule 116, Sec. lesser offense if the offended party was notified
1[g]) and did not appear in the arraignment of the
accused. (Rule 116, Sec. 2)
Q: What are the instances where the law
provides a shorter period of time? Plea to lesser offense after arraignment but
A: before trial. After arraignment but before trial, the
1. When an accused is under preventive accused may still be allowed to plead guilty to a
detention, his case should be raffled within 3 lesser offense after withdrawing his previous plea
days from filing and the accused shall be
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of not guilty. No amendment to the complaint or A:

information is necessary. (Rule 116, Sec. 2) 1. Plea of guilty was compelled by violence
or intimidation
Plea to lesser offense after trial has begun. 2. Accused did not fully understand the
After the prosecution has rested its case, a change meaning and consequences of his plea
of plea to a lesser offense may be granted by the 3. Insufficient information to sustain
judge, with the approval of the prosecutor and the conviction of the offense charged
offended party if the prosecution does not have 4. Information does not charge an offense
sufficient evidence to establish the guilt of the 5. Court has no jurisdiction
accused for the crime charged. The judge cannot
on its own grant the change of plea. (People vs. Q: Must a Court remand the case for further
Kayanan, G.R. No. L-39355, 1978) proceedings if there is a finding of an
improvident plea?
Q: What should the court do when the accused A: It depends. Where there is an improvident plea
pleads guilty to a capital offense: of guilt, but the prosecution was able to prove
A: beyond reasonable doubt the guilt of the accused,
1. Conduct a searching inquiry into the no remand is necessary for so long as there is no
voluntariness and full comprehension of procedural unfairness or irregularity.
the consequences of the plea.
2. Require prosecution to present evidence Where there is an improvident plea of guilt, but the
to prove the guilt and precise degree of prosecution was unable to prove beyond
culpability of the accused reasonable doubt the guilt of the accused, remand
3. Ask the accused if he desires to present for further proceedings is necessary.
evidence in his behalf and allow him to do
so if he desires. (Rule 116, Sec. 3) EXCEPTION: Where the prosecution was still
unable to prove beyond reasonable doubt despite
Q: What are the elements of a searching multiple chances to do so, no remand is
inquiry? necessary, and acquittal should follow. (PP v.
A: Pagal, G.R. No. 241257, 2020)
1. Judge must convince himself that accused
is entering the plea voluntarily and Q: What are the grounds for suspension of
intelligently. arraignment?
2. Judge must convince himself that there A:
exists a rational basis for the finding of 1. There exists a prejudicial question
guilt based on accused’s testimony. 2. Accused appears to be suffering from an
3. Inform the accused of the exact length of unsound mental condition which renders him
imprisonment and the certainty that he will unable to understand the charge against him
serve it in a national penitentiary (People and to plead intelligently thereto.
v. Dayot, G.R. No. 88281, July 20, 1990). 3. There is a petition for review pending before
the DOJ or Office of the President, however
Q: What is an improvident plea? the period of suspension shall not exceed 60
A: It is a plea without information as to all the days counted from the filing of the petition for
circumstances affecting it; based upon a mistaken review.
assumption or misleading information or advice. In
such a case, conviction will be set aside if the plea NOTE: While the pendency of a petition for review
of guilty is the sole basis for the judgment. is a ground for suspension of the arraignment, the
However, the court may validly convict the Rules on Criminal Procedure limits the deferment
accused if such conviction is supported by of the arraignment to a period of 60 days reckoned
adequate evidence of guilt independent of the plea from the filing of the petition with the reviewing
itself. office. It follows, therefore, that after the expiration
of said period, the trial court is bound to arraign the
Q: In what instances is there an improvident accused or to deny the motion to defer
plea? arraignment. The trial court has to set the date of
arraignment even before the lapse of 60 days.
(Aguinaldo vs. Ventus, G.R. No. 176033, 2015)
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I. MOTION TO QUASH MOTION TO QUASH DEMURRER TO

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

GROUNDS EFFECT
cannot be invoked despite the presence of a
prior conviction?
• Criminal action or Court must state, in
A: When Double Jeopardy shall NOT apply
liability has been its order granting
despite a prior conviction:
extinguished the motion, the
1. Graver offense developed due to
• Averments would release of the
supervening facts arising from the same
constitute a legal accused if he is in
act or omission constituting the former
excuse or custody or the
charge
justification cancellation of his
2. Facts constituting graver charge were
• Accused has been bond if he is on bail
discovered only after a plea was entered
previously in the former complaint or information
convicted or 3. Plea of guilty to a lesser offense was
acquitted of the made without consent of the prosecutor
offense charged and of the offended party except if they fail
to appear in any of these cases, where the
Court has no Court should
accused satisfies or serves the whole or in
jurisdiction over the remand or forward part the judgment, he shall be credited
offense the case to the with the same in the event of conviction for
proper court, not to the graver offense (Rule 117, Sec. 7)
quash the complaint 4. Prior conviction was not made by a
or information competent court.
Q: May certiorari be brought against a denial of In a case, MeTC took cognizance of the
a Motion to Quash? Information for reckless imprudence resulting in
A: A petition for certiorari is not the proper remedy parricide while the criminal case for parricide was
absent any showing of arbitrariness or grave still pending before the RTC.
abuse of discretion. The remedy is for the movant
to go to trial without prejudice to reiterating the As the offense of reckless imprudence resulting in
defenses invoked in the motion to quash. In case parricide was included in the charge for intentional
of conviction, he may appeal and assign as error parricide pending before the RTC, the MeTC
the denial of the motion to quash. (Lalican v. clearly had no jurisdiction over the criminal case
Vergara, G.R. No. 108619, July 31, 1997) filed before it, the RTC having retained jurisdiction
over the offense to the exclusion of all other courts.
Q: What are the requisites required to invoke The requisite that the judgment be rendered by a
double jeopardy? court of competent jurisdiction is therefore absent.
A: (Heirs of Jane Honrales vs. Honrales, G.R. No.
1. First Jeopardy must have attached 182651, 2010)
a. Accused must have been convicted or
acquitted, or the case against him was When an accused appeals from the sentence of
dismissed or terminated without his the trial court, he waives the constitutional
express consent safeguard against double jeopardy and throws the
b. Made by a court of competent whole case open to the review of the appellate
jurisdiction court. (People v. Torres, G.R. No. 189850, 2014).
c. Valid complaint or information
d. Accused has been arraigned
2. First jeopardy must have been validly Q: What are the requisites of a provisional
terminated dismissal?
3. The second jeopardy must be for the same A:
offense or the second offense includes or is 1. Consent of the Prosecutor
necessarily included in the offense charged in 2. Consent of the accused;
the first information or is an attempt or 3. Notice to the Offended Party; and
frustration thereof. (Rule 117, Sec. 7) 4. The Public Prosecutor is served with a
copy of the order of provisional dismissal.
(Rule 117, Sec. 8)
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Q: Are there exceptions to the general rule on 3. Marking for identification of evidence
provisional dismissals? 4. Waiver of objections to admissibility of
A: Yes. The general rule provides that a criminal evidence
case that results in an acquittal with the consent or 5. Modification of the order of trial if the
upon motion of the accused will not constitute accused admits the charge but interposes
double jeopardy. The exceptions would include the a lawful defense
following: 6. Such matters as will promote a fair and
1. Insufficiency of evidence expeditious trial of the criminal and civil
2. Denial of the right to a speedy trial aspects of the case (Rule 118, Sec. 1)
(Philippine Savings Bank v. Bermoy,
G.R. No. 151912, September 26, 2005) All proceedings during the pre-trial shall be
recorded, the transcripts prepared and the minutes
Q: When does a provisional dismissal become signed by the parties and/or their counsels. (I-B[9],
final? A.M. No. 03-1-09-SC)
A:
Q: Who is in charge of questioning in pre-trial?
PENALTY PERIOD OF
A: During the pre-trial, the judge shall be the one
NON-REVIVAL
to ask questions on issues raised therein and all
questions must be directed to him to avoid
Penalty is 6 years and 1 year after issuance
hostilities between parties. (I-B[7], A.M. No. 03-1-
below, or a fine of any of order
09-SC)
amount, or both
Penalty exceeds 6 2 years after issuance K. TRIAL

years of order
Q: What are the instances when presence of
the accused is required by law?
J. PRE-TRIAL A: Accused is required to be present during:
1. At arraignment and plea, whether of
Q: Where is pre-trial mandatory? innocence or of guilt;
A: It is mandatory in: 2. During trial, whenever necessary for
1. Sandiganbayan identification purposes;
2. Regional Trial Court 3. Whenever required by the court for
3. Metropolitan Trial Court, Municipal Trial purposes of identification; and at
Court in Cities, Municipal Trial Court, 4. Promulgation of sentence. Exception: In
Municipal Circuit Trial Court (Rule 118, light offenses, when the accused may
Sec. 1) appear by counsel or representative.
(People v. De Grano, G.R. No. 167710,
Q: What are the purposes of pre-trial? 2009)
A:
1. To simplify the issues Q: What is the effect of failure to comply with
2. To shape up the testimonial and the period to conduct trials?
documentary evidence A: Subject to the delays provided for in the Speedy
3. To clear the desks for trial Trial Act of 1998, Rule 119, and the Continuous
Trial Guidelines, the case against the detained
Pre-trial is not a mere technicality in court accused may be dismissed on ground of denial of
proceedings for it serves a vital objective: the the right to speedy trial in the event of failure to
simplification, abbreviation, and expedition of trial, observe the prescribed time limits (Section 9, A.M.
if not indeed its dispensation. (Tolentino v. Heirs of No. 12-11-2-SC, 2014).
Laurel-Ascalon, G.R. No. 181368, 2012)
Accused has the burden of proving the motion
Q: What are the matters considered during BUT the prosecution has the burden of going
pre- trial? forward with the evidence to establish the
A: The matters considered in a pre-trial are: exclusion of time.
1. Plea bargaining
2. Stipulation of facts
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Substantial compliance with the time limitation

FOR THE
prescribed by the law for the resolution of the case FOR THE ACCUSED
PROSECUTION
by the prosecutor is part of the procedural due
process guaranteed by the Constitution. Not only
EXAMINATION BEFORE WHOM
under the broad umbrella of the due process
clause, but under the constitutional guarantee of
• Any judge in the PH • Before the court or
“speedy disposition” of cases as embodied in
Section 16 of the Bill of Rights, the inordinate delay • Any lawyer good judge where the
standing case is pending
is violative of the petitioner's constitutional rights.
(Tatad v. Sandiganbayan, G.R. No. 72335-39, designated by the
1988). judge
• An inferior court if
Q: When can a trial be suspended on account ordered by a
of the absence of a witness? superior court
A: A motion to postpone is prohibited except upon
grounds of, among others, physical inability of the Q: What are the requisites of a trial in absentia?
witness to appear and testify. However, the A:
moving party shall be warned that the presentation 1. Accused has already been arraigned
of evidence must still be concluded on the date 2. Accused has been duly notified of the trial
previously agreed upon. (Continuous Trial or hearings
Guidelines. Part III(2)(d)). 3. Absence of the accused is unjustified
(Bernardo v. People, G.R. No. 166980,
Q: How may witnesses be compelled to April 4, 2007)
testify?
A: When the court is satisfied, upon proof or oath, Q: Who are State Witnesses?
that a material witness will not testify when A: One of two or more persons jointly charged with
required, it may, upon motion of either party: the commission of a crime but who is discharged
1. Order witness to post bail with his consent as such accused so that he may
2. If a witness refuses to post bail, the court be a witness for the State (PP v. Ferrer, 1996).
shall commit him to prison until he
complies or testifies (Rule 119, Sec. 14). Q: What are the requisites for being
discharged as a State Witness?
Q: When can witnesses be examined before A: For an accused to be discharged to be a state
trial? witness, the following elements must concur:
A:
1. There is absolute necessity for the
FOR THE testimony of the accused whose
FOR THE ACCUSED discharge is requested
PROSECUTION
GROUNDS / WITNESS IS: Note: Absolute necessity exists for the

testimony of an accused sought to be
discharged when he or she alone has
• Sick, infirm or • Sick, infirm or knowledge of the crime. In more concrete
unavailable unavailable terms, necessity is not there when the
• Resides more than • About to depart testimony would simply corroborate or
100km from the from the PH with otherwise strengthen the prosecution’s
place where the no definite date of evidence. (Jimenez v. People, G.R. No.
hearing is to be return 209195, 2014)
conducted and has
no means to attend 2. No other direct evidence available for the
the same prosecution
• Other similar 3. Testimony of said accused can be
circumstances substantially corroborated in its material
points
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The rules require that the testimony of the Q: Distinguish Demurrers in Civil and Criminal
accused sought to be discharged be cases:
substantially corroborated in its material A:
points, and not on all points. (Jimenez v.
People, G.R. No. 209195, 2014)
CIVIL CASE CRIMINAL CASE
4. Accused does not appear to be the most
Based on plaintiff’s Predicated upon
guilty; AND
failure to prove his insufficiency of evidence
entitlement to relief
Note: By jurisprudence, "most guilty" refers to
the highest degree of culpability in terms of
Requires no prior leave May be filed with or
participation in the commission of the offense
of court without leave of court
and does not necessarily mean the severity of
the penalty imposed. While all the accused
may be given the same penalty by reason of Defendant may still If denied, accused may
conspiracy, yet one may be considered to adduce evidence if adduce evidence only if
have lesser or the least guilt taking into denied the demurrer was filed
account his degree of participation in the with leave of court
commission of the offense. (Jimenez v.
Plaintiff may appeal if No appeal if granted
People, G.R. No. 209195, 2014)
granted, and if
reversed, defendant is
5. Accused has never been convicted of a
deemed to have
crime involving moral turpitude (Rule 119,
waived his right to
Sec. 17).
present his evidence
Q: What is a demurrer to evidence?
It is the defendant who The court may, in its own
A: A motion to dismiss filed by the accused after
invokes a demurrer by initiative, dismiss the
the prosecution has rested its case; the grounds
moving for the action after giving the
being insufficiency of the evidence of the
dismissal of the case. prosecution an
prosecution. (Sec, 23, Rule 119, Revised Rules of
The court does not do opportunity to be heard.
Criminal Procedure)
so on its own initiative.
Q: What is the effect of a grant of a demurrer to
evidence? L. JUDGMENT
A: It has long been settled that the grant of a
demurrer is, as regards the guilt of the accused, Q: What are the contents of a judgment of
tantamount to an acquittal. An acquitted defendant conviction?
is entitled to the right of repose as a direct A:
consequence of the finality of its acquittal. (People 1. Legal qualification of the offense
v. Lagos, G.R. No. 184658, March 6, 2013) constituted by the acts committed by the
accused
Q: What is the effect of a grant of a demurrer to 2. Aggravating and mitigating circumstances
evidence? 3. Participation of the accused whether as
A: principal, accomplice or accessory
4. Penalty imposed
WITH LEAVE OF WITHOUT LEAVE OF 5. Civil liability or damages, unless reserved
COURT COURT or waived (Rule 120, Sec. 2)
Accused may still Accused waives the right Well-entrenched in jurisprudence is the rule that
adduce evidence in his to present evidence and the conviction of the accused must rest, not on the
defense. submits the case for weakness of the defense, but on the strength of
judgment. (Rule 119, the prosecution. The burden is on the prosecution
Sec. 23). to prove his guilt beyond reasonable doubt. (Chua
v. Court of Appeals, 520 SCRA 729, 2007)
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Judgment is not rendered defective just because An offense charged necessarily includes the
of the absence of a declaration of guilt beyond offense proved when some essential elements of
reasonable doubt in the dispositive portion (D' the former, as alleged in the complaint or
Aigle v. People, G.R. No. 174181, June 27, 2012). information, constitute the latter.
Q: What are the contents of a judgment of An offense charged is necessarily included in the
Acquittal? offense proved when the essential ingredients of
A: It must state whether or not evidence of the the former constitute the latter.
prosecution:
1. Absolutely failed to prove guilt If there is variance, the accused can only be
2. Merely failed to prove guilt beyond convicted of the lesser offense which is included in
reasonable doubt the graver offense. (People v. Pareja, G.R. No.
202122, 2014)
In either case, judgment shall determine if the act
or omission from which the civil liability might arise Q: When does a judgment become final?
did not exist (Rule 120, Sec. 2) A: Judgment becomes final after:
1. Lapse of period for appeal
In both cases, the judgment must be in writing, in 2. Sentence partially or totally served
the official language, personally and directly 3. Accused waives in writing his right to
prepared by the judge, signed by the judge and appeal
contains clearly and distinctly a statement of the 4. Accused has applied for probation
facts and the law upon which it is based. (Rule
120, Sec. 1) Exception is when the death penalty is
imposed. (Teodoro vs. Court of Appeals and
Q: What are the rules on judgment for two or People, G.R. No. 103174, 1996)
more offenses charged in the complaint or
information? Q: What are the effects of the accused’s failure
A: Accused may file a motion to quash. If accused to appear at the promulgation of judgment?
fails to object to it before trial, the accused is A: The accused who fails to appear at the
deemed to have waived the defect and the court promulgation of the judgment of conviction loses
may convict him of as many offenses as charged the remedies available under the Rules of Court
and proved, and impose a penalty for each against the judgment, specifically: (a) the filing of
offense. (Rule 120, Section 3) a motion for new trial or for reconsideration (Rule
While Sec. 13 of Rule 110 frowns upon multiple 121), and (b) an appeal from the judgment of
offenses being charged in a single information, the conviction (Rule 122).
failure to raise this issue during arraignment
amounts to a waiver, and the objection can no However, the Rules of Court permits him to regain
longer be raised on appeal. (Abalos v. People, his standing in court in order to avail himself of
G.R. No. 136994, 2002) these remedies within 15 days from the date of
promulgation of the judgment conditioned upon:
Q: What is the rule for judgment in case of (a) his surrender; and (b) his filing of a motion for
variance between allegation and proof? leave of court to avail himself of the remedies,
A: stating therein the reason for his absence. Should
General Rule: The accused may be convicted the trial court find that his absence was for a
only of the crime with which he is charged. justifiable cause, he should be allowed to avail
himself of the remedies within 15 days from notice
Exception: Rule on Variance. When there is of the order finding his absence justified and
variance between the crime charged and the crime allowing him the available remedies from the
proved, and the offense as charged is included or judgment of conviction (Rule 120, Sec. 6)
necessarily includes offense proved, the accused (Salvador v. Chua, G.R. No. 212865, 2015)
shall be convicted of the offense proved which is
included in the offense charged, or of the offense Q: What is the period for moving for the
charged which is included in the offense proved. modification of Judgment?
(People v. Chi Chan Liu, G.R. No. 189272, 2015) A: A judgment of conviction may be modified or set
aside upon motion of the accused, before the
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judgment becomes final or before appeal is The rule does not provide for a motion for new
perfected. (Rule 120, Sec. 7). trial by the prosecution as the reopening of the
case would result in double jeopardy.
Q: Distinguish Modification of Judgment from
New Trial. Q: What are the grounds for reconsideration?
A: A: A motion for reconsideration may be filed upon
any of the following grounds:
1. Errors of law.
MODIFICATION OF NEW TRIAL
2. Errors of fact in the judgment.
JUDGMENT
Q: When may a new trial be granted on the
No new hearings or Irregularities are
basis of newly discovered evidence?
proceedings of any expunged from the
A: The following elements must concur
kind or change in the record and/or new
1. New evidence discovered after trial
record or evidence. A evidence is
2. It could not have been previously
simple modification is introduced.
discovered and produced at the trial even
made on the basis of
with reasonable diligence
what is on record.
3. It is new and material evidence
4. If introduced and admitted, it would
Q: May an accused apply for probation after probably change judgment (Ybiernas v.
perfecting an appeal? Tanco- Gabaldon, G.R. No. 179825,
A: No application for probation shall be 2011)
entertained or granted if the defendant has
perfected the appeal from the judgment of NOTE: A new trial may not be had on the basis of
conviction (Sec. 1, RA 10707). Appeal and evidence which was available during trial but was
probation are mutually exclusive remedies. Implicit not presented due to its negligence. (People v.
in an application for probation is an admission of Senit, G.R. No. 192914, 2016)
guilt (Almero v. PP, G.R. No. 188191, 2014).
Q: Does the Neypes Rule apply to criminal
EXCEPTION: When a judgment of conviction cases?
imposing a non-probationable penalty is appealed A: Yes. A party shall have a fresh period of 15
or reviewed, and such judgment is modified days to file a notice of appeal to the RTC from
through the imposition of a probationable penalty, receipt of the order denying a motion for new trial
the defendant shall be allowed to apply for or motion for reconsideration. (Neypes vs. CA,
probation based on the modified decision before G.R. No. 141524, 2005) This rule applies in
such decision becomes final (Sec. 1, RA 10707). criminal cases under Section 6 of Rule 122 of the
Revised Rules of Criminal Procedure. (Yu vs.
M. NEW TRIAL OR RECONSIDERATION Tatad, G.R. No. 170979, 2011)
Q: What are the grounds for a new trial? N. APPEAL

A: A motion for new trial may be filed upon any of
the following grounds: Q: Who may appeal?
1. Errors of law during trial A: Any party may appeal from a judgment or final
2. Irregularities prejudicial to the substantial order, unless the accused will be placed in double
rights of the accused during trial jeopardy. Note that since the rule refers to “any
3. New and material evidence has been party,” the prosecution may appeal provided the
discovered accused will not be placed in double jeopardy.
(Sec. 1, Rule 122, Revised Rules on Criminal
NOTE: A new trial can be granted only Procedure)
1. On motion of the accused; or
2. On motion of the court but with the Q: Can the prosecution appeal a judgment of
consent of the accused. acquittal?
A: The prosecution cannot appeal from a
judgment of acquittal because a verdict of that
nature is immediately final and to try him on the
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merits, even in an appellate court, is to put him a A:

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

Finally, the private offended party need 2.4).
not fear a forfeiture of his right to file this
separate civil action by prescription, in P. PROVISIONAL REMEDIES IN
cases where during the prosecution of the CRIMINAL CASES
criminal action and prior to its extinction,
the private offended party instituted Q: What are the provisional remedies available
together therewith the civil action. In such to criminal cases?
case, the statute of limitations on the civil A:
liability is deemed interrupted during the 1. Attachment (Rule 57)
pendency of the criminal case, 2. Injunction (Rule 58)
conformably with provisions of Article 3. Receivership (Rule 59)
1155 of the Civil Code, that should thereby 4. Replevin (Rule 60)
avoid any apprehension on a possible 5. Support pendente lite (Rule 61)
deprivation of right by prescription.
(People v. Lipata, G.R. No. 200302, 2016) To avail of a provisional remedy in a criminal
action, it must be one with a corresponding civil
O. CYBERCRIBE WARRANTS liability, which must be one arising from the
offense charged. If the civil action has been
Q: Where may applications for the issuance of waived, reserved, or instituted separately, a
a cyber-crime warrant be filed? provisional remedy may not be availed of in the
A: In the same venue where criminal actions for criminal action. Instead, the provisional remedy
violation of the Cybercrime Act may be filed, should be applied for in the separate civil action
namely, before a cybercrime court of the province instituted. (Rule 127, Sec. 1)
or city where –
(i) The offense or any of its elements is Q: When is attachment proper?
committed A:
(ii) Any part of the computer system used 1. Accused is about to abscond from the
is situated Philippines;
(iii) Any of the damage caused to a 2. Criminal action is based on a claim of money
natural or juridical person took place or property embezzled or fraudulently
(Section 2.1). misapplied or converted;
3. When the accused has concealed, removed,
Note: All other crimes committed by, or disposed of his property, or is about to do
through, and with the use of ICT shall be so; and
filed before the regular or other specialized 4. When the accused resides outside the
regional trial courts. Philippines. (Rule 127, Sec. 2)
5. Note that under R.A. 9208, or the Anti-
However, the cybercrime courts in Quezon Trafficking in Persons Act, the court may
City, the City of Manila, Makati City, Pasig motu propio issue attachment and injunction.
City, Cebu City, Iloilo City, Davao City and
Cagayan De Oro City shall have the Q. APPEAL & ANNULMENT OF
special authority to act on applications and JUDGMENTS
issue warrants which shall be enforceable
nationwide and outside the Philippines. See discussions on APPEALS (Rules 41, 45)
(Sec. 2.2). under Heading III and Heading IV for
ANNULMENT OF JUDGMENTS (Rule 47).
Q: Who may apply for a cyber-crime warrant?
A: Law enforcement authorities who must be R. PETITION FOR RELIEF FROM
personally examined by the judge in the form of JUDGMENT
searching questions and answers, in writing and
under oath; the applicant and the witnesses he
Q: What is a Petition for Relief from judgment?
may produce, on facts personally known to them
A: A petition for relief from judgment is a remedy
and attach to the record their sworn statements,
available ONLY to those PARTIES in the case
which is only allowed in exceptional cases when
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there is NO OTHER AVAILABLE ADEQUATE or advantage (Olongapo City v. Subic Water and
REMEDY and for the following grounds -- fraud, Sewerage, G.R. No. 171626, 2014).
accident, mistake or excusable negligence. It is
filed with the same court which rendered the Q: Is execution a matter of right?
judgment. (Tuason v. CA, G.R. No. 116607, 1996). A: Execution is a matter of right on motion either
upon judgment or order that disposes of the action
Q: What are the grounds for availing the or proceeding, upon expiration of the period to
remedy? appeal therefrom and no appeal has been duly
A: A petition for Relief may be filed based on the perfected, or when an appeal has been duly
following grounds: perfected and resolved with finality. (Rule 39, Sec.
1. When a judgment or final order is entered 1).
into, or any other proceeding is thereafter
taken against the petitioner in any court Q: Is there discretionary execution?
through fraud, accident, mistake or A: Yes, in two instances. Execution of a judgment
excusable negligence; or or a final order pending appeal and execution of
2. When the petitioner has been prevented several, separate, or partial judgments (Rule 39,
from taking an appeal by fraud, accident, Sec. 2).
mistake or excusable negligence (City of
Dagupan v. Maramba, G.R. No. 17441, Q: What are the requisites of execution
2014). pending appeal?
A:
Q: When must a petition for relief from 1. Motion for execution filed by the prevailing
judgment be filed? party;
A: The petition shall be filed within sixty (60) days 2. Notice of the motion to adverse party; and
after the petitioner learns of the judgment, final 3. Good reasons stated in a special order after
order or proceeding, and NOT more than six (6) due hearing. (Rule 39, Sec. 2)
months after such judgment or final order was
entered, or such proceeding was taken (Rule 38, Q: Against whom can a writ of execution be
Sec. 3). issued against?
A: A writ of execution can only be issued against
Note: “such proceeding” refers to filing of motion a party and not to strangers to a case or those who
for execution. did not have his day in court (Olongapo City v.
Subic Water and Sewerage Co., Inc., G.R. No.
S. EXECUTION, SATISFACTION, AND 171626, 2014).
EFFECT OF JUDGMENTS
Q: Is an appeal from the decision in an action
for revival of judgment allowed?
Q: How should a judgment be executed? A: Yes. The party aggrieved may appeal the
A: Judgment should be executed on motion within decision but only insofar as the merits of the action
five (5) years from entry; or by filing an for revival is concerned. The original judgment,
independent action for revival of judgment after which is already final and executory, may no
five (5) years but before ten (10) years from entry. longer be reversed, altered, or modified (Heirs of
The revived judgment may be enforced by motion Miranda v. Miranda, G.R. No. 179638, 2013).
five (5) years from date of its entry; or by action,
after the lapse of five (5) years, before it is barred Q: What is the remedy of the third party
by the statute of limitations (Rule 39, Sec. 6). claimant to prevent the inclusion of his
property in the execution sale?
Q: When does execution of judgment by A:
motion prescribe? 1. He may avail of “terceria” by serving on
A: the levying officer an affidavit of his title or right
General rule: In 5 years; If issued, valid until of possession over the levied property, and
satisfied fully. serving also a copy to the judgment creditor;
Exception: When delay caused by actions of Note: Terceria is a remedy available to a third
judgment debtor and/or is incurred for his benefit person other than the judgment obligor or his
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agent who claims a property levied on. 3. APPEAL (RULES 41 & 45)
(Fermin v. Esteves, G.R. No. 147977, 2008)
Q: What matters are appealable?
2. He may file a case for damages against A: An appeal may be taken only from judgments
the bond issued by the judgment debtor within or final orders that completely dispose of the case.
120 days from the date of the filing of the bond. (Bergornia v. CA,G.R. No. 189151, 2012).
(Sec. 16, Rule 39);
Q: What matters are not appealable?
3. He may file "any proper action" to A: (RID-CES-WP)
vindicate his claim to the property. (Id.) 1. An order denying a petition for Relief or
any similar motion seeking relief from
Note: A "proper action" is entirely distinct and judgment;
separate from that in which the judgment is 2. An Interlocutory order;
being enforced, filed with the court of 3. An order disallowing or Dismissing an
competent jurisdiction. Such a "proper action" appeal;
may have for its object the recovery of 4. An order denying a motion to set aside a
ownership or possession of the property judgment by Consent, confession or
seized by the sheriff, as well as damages compromise on the ground of fraud,
from the allegedly wrongful seizure and mistake or duress, or any other ground
detention of the property. vitiating consent;
5. An order of Execution;
The availment of the remedy of terceria is not 6. A judgment or final order for or against
a condition sine qua non to the filing of a one or more of Several parties or in
"proper action." An independent action may be separate claims, counterclaims, cross-
resorted to even before or without need of claims, and third party complaints, while
filing a claim in the court which issued the writ. the main case is ending, unless the court
(Naguit v. Court of Appeals, G.R. No. 137675, allows an appeal therefrom; and
2000) 7. An order dismissing an action Without
Prejudice (Rule 41, Sec. 1).
Q: What are the available remedies in case

there is no appeal?
A: The aggrieved party may file an appropriate
special civil action as provided in Rule 65 (Rule 41,
Sec. 1).
Q: What is the Fresh Period Rule: Neypes

Rule?
A: A party shall have a FRESH PERIOD of 15
days to file a notice of appeal to the RTC from
receipt of the order denying a motion for new trial
or motion for reconsideration. This rule shall apply
to Rules 40, 41, 42, 43 and 45 (Neypes v. CA,
G.R. No. 141524, 2005) and in criminal cases
under Section 6 of Rule 122 of the Revised Rules
of Criminal Procedure (Yu vs. Tatad, G.R. No.
170979, 2011).
Note: The period is 30 days if record on appeal is

required. (Rule 37, Sec. 1; Rule 40, Sec. 2; Rule
41, Sec. 3)
Q: What is the rule regarding issues raised on

appeal?
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A:
Non-extendible, but MR/MNT will
General Rule: Issues not raised before the trial
trigger fresh period from receipt of
court cannot be raised for the first time on appeal.
order of denial
(DE LEON, 2018, p. 16, citing Hipolito v. Cinco,
G.R. No. 174143, 2011)
(See Sec. 3, Rule 41; DE LEON,
2018, pp. 61-62)
Exception: the following are allowed to be raised
for the first time on appeal: Within 15 days from notice of the
1. Grounds not assigned as errors but judgment or final order or resolution
affecting jurisdiction over the subject appealed from, or of the denial of the
matter; Rule 45 petitioner's motion for new trial or
2. Matters not assigned as errors on appeal Petition reconsideration (Sec. 2, Rule 45).
but are evidently plain or clerical errors for review
within contemplation of law; on Extendible for 30 days on justifiable
3. Matters not assigned as errors on appeal certiorari reasons upon motion duly filed and
but consideration of which is necessary in from RTC, served, with full payment of the
arriving at a just decision and complete CA, CTA docket and other lawful fees and the
resolution of the case or to serve the En Banc deposit for costs before the
interests of justice or to avoid dispensing to the SC expiration of the reglementary period
piecemeal justice;
4. Matters not specifically assigned as errors (See. Sec. 2, Rule 45; DE LEON, p.
on appeal but raised in the trial court and 162)
are matters of record having some bearing
on the issue submitted which the parties
failed to raise or which the lower court Q: Differentiate notice of appeal from record of
ignored; appeal.
5. Matters not assigned as errors on appeal A:
but closely related to an error assigned; NOTICE OF APPEAL RECORD ON
and APPEAL
6. Matters not assigned as errors on appeal
but upon which the determination of a An appeal by notice of The record on appeal
question properly assigned, is dependent. appeal is a mode that enables the trial court
(Spouses Devisfruto v. Greenfell, G.R. envisions the elevation to continue with the
No. 227725, 2020) of the original records to rest of the case
the appellate court as to because the original
Q: What is the Harmless Error Rule in appellate obstruct the trial court in records remain with
decisions? its further proceedings.. the trial court even as
A: The Court at every stage of proceedings must it affords the appellate
disregard any error or defect which does not affect court the full
substantial rights of parties (Rule 51, Sec. 6). opportunity to review
and decide the
Q: What are the periods of appeal under Rules appealed matter.
41 and 45?
A: Mode of appeal Mode of appeal
generally required for required in actions or
GR: 15 days or 30 days (if record on most actions. proceedings where
appeal is required) from notice of multiple appeals are
final judgment or final order allowed, such as
Rule 41
Appeal estate proceedings,
EXC: 48 hours for habeas corpus eminent domain, and
from RTC
cases foreclosure of
(original)
to CA mortgage.
Full payment of appeal fees within
the period to appeal
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NOTICE OF APPEAL RECORD ON ORDINARY APPEAL APPEAL BY

APPEAL (RULE 41) CERTIORARI
(RULE 45)
Must be filed within 15 Must be filed within 30
days from the notice of days from the notice appeals where
the judgment or final of the judgment or the law or the
order. final order. Rules so
require.
Deemed perfected Deemed perfected
upon filing of the notice upon approval of the (See Sec. 3, Rule 41,
of appeal in due time. record of appeal filed DE LEON,, 2018, p.
in due time. 57-58)
(DE LEON,, 2018, p. 57-58, citing Lebin vs.
Questions of fact or Question of law only
Mirasol, G.R. No. 164255, 2011; Sec. 9, Rule 41)
mixed questions of from judgment or final
fact and law. (Sec. 2 order rendered by RTC
Q: Differentiate the modes of appeal under
Rules 41 and 45. (a), Rule 41) in the exercise of its
A: original jurisdiction.
(Sec. 2 (c), Rule 41)
ORDINARY APPEAL APPEAL BY
(RULE 41) CERTIORARI Questions of fact, law,
(RULE 45) or both from decisions
of the CA,
Appeal to the Court of Appeal to the Supreme Sandiganbayan, or CTA
Appeals in cases Court in all cases en banc. (Sec. 1, Rule
decided by the RTC in decided by the RTC in 45)
its original its original jurisdiction
jurisdiction. (Sec. 2 where only questions
(a), Rule 41) of law are raised or Q: Differentiate Rule 45 from Rule 65.
involved. (Sec. 2 (c), A:
Rule 41) APPEAL BY CERTIORARI AS AN
CERTIORARI ORIGINAL ACTION
Appeal to SC from the (RULE 45) (RULE 65)
CA, Sandiganbayan,
CTA en banc, where Petition based only on Petition raises the issue
questions of fact, law, questions of law as to whether the lower
or both are raised. which the appellant court acted with grave
(Sec. 1, Rule 45) desires the appellate abuse of discretion
court to resolve. amounting to lack or
By NOTICE OF By PETITION FOR excess of jurisdiction.
APPEAL with the REVIEW ON
court which rendered CERTIORARI filed with Involves review of the May be directed against
the judgment or final the Supreme Court in judgment, award or an interlocutory order of
order appealed from accordance with Rule final order on the the court prior to appeal
(i.e., RTC) and 45 and serving a copy merits. from the judgment or
serving a copy thereof thereof upon the where there is no
upon the adverse adverse party. (Sec. 1, appeal or any other
party. Rule 45) plain, speedy or
adequate remedy.
RECORD OF
APPEAL shall be
required only in:
1. Special
proceedings;
2. Multiple or
separate
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APPEAL BY CERTIORARI AS AN APPEAL BY CERTIORARI AS AN

CERTIORARI ORIGINAL ACTION CERTIORARI ORIGINAL ACTION
(RULE 45) (RULE 65) (RULE 45) (RULE 65)
Must be made within May be filed not later It is a continuation of proceeding of lower
the reglementary than 60 days from the proceedings in the courts.
period for appeal. notice of the judgment, lower court.
order or resolution It is an original action.
sought to be assailed, (RIANO, 2019, pp. 610 – 612)
or 60 days from receipt
of denial of a motion for
reconsideration.
Note that, as a general

rule, before a party can
file a petition for
certiorari under Rule 65,
he/she must first file a
motion for
reconsideration with the
lower court.
Stays the judgment, Does not stay the
award or order challenged proceeding
appealed from unless a writ of
preliminary injunction or
a temporary restraining
order shall have been
issued by the higher
court.
The petitioner and The parties are the
respondent are the aggrieved party
original parties to the (petitioner) against the
action, and the lower lower court or quasi-
court or quasi-judicial judicial agency (public
agency is not to be respondent) and the
impleaded. prevailing party in the
lower court (private
respondent).
The prior filing of a A motion for
motion for reconsideration is, as a
reconsideration is not general rule, a condition
required. precedent. The
purpose is to give the
lower court an
opportunity to correct
itself.
The appellate court is The higher court
in the exercise of its exercises original
appellate jurisdiction jurisdiction under its
and power of review. power of control and
supervision over the
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4. ANNULMENT OF JUDGMENTS 5. SMALL CLAIMS

(RULE 47)
Q: What is the scope and applicability of the
Q: What is a petition for annulment of Rules for Small Claims Cases?
judgment? A: The Rules of Procedure for Small Claims Cases
A: It is a remedy in law independent of the case shall govern the procedure in the Metropolitan
where the judgment sought to be annulled was Trial Courts (MeTCs), Municipal Trial Courts in
rendered. Consequently, an action for annulment Cities (MTCCs), Municipal Trial Courts (MTCs),
of judgment may be availed of even if the judgment and Municipal Circuit Trial Courts (MCTCs)
to be annulled had already been fully executed or involving all actions that are purely civil in nature
implemented (Bulawan v. Aquende, G.R. No. where the claim or relief prayed for by the plaintiff
182819, 2011; Diona v. Balangue, G.R. No. is solely for payment or reimbursement of sum
173559, 2013). of money. The claims or demands may be:
1. For money owed under a contract of
Q: What are the grounds for a petition for lease, loan, services, sale, or mortgage;
annulment of judgment? 2. For liquidated damages arising from
A: contracts;
1. Extrinsic fraud; 3. Enforcement of a barangay amicable
2. Lack of jurisdiction (Rule 47, Section 2); settlement; or
3. Lack of due process (under jurisprudence, 4. Arbitration award involving a money claim
see Diona v. Balangue, G.R. No. 173559, covered by this Rule pursuant to the Local
2013). Government Code. (Sec. 5, Revised
Rules of Procedure for Small Claims
Q: What are the time periods to file a petition Cases, as amended)
for annulment of judgment?
A: These Rules shall govern the procedure in actions
1. If based on EXTRINSIC FRAUD – the before the MTCs for payment of money where the
action must be filed within four (4) years value of claim does not exceed the jurisdictional
from its discovery; amount of P400,000.00 for the MeTCs and
2. If based on LACK OF JURISDICTION – P300,000.00 for the MTCCs, MTCs, and MCTCs,
the action must be filed before laches or exclusive of interest and cost. (Sec. 2, Revised
estoppel can set in as an equitable bar Rules of Procedure for Small Claims Cases, as
to the action (Sec. 3, Rule 47); amended)
3. f based on DENIAL OF DUE PROCESS –
the action does not prescribe. Lack of Q: What is the venue for small claims cases?
due process renders the judgment void. A: For small claims cases, the regular rules of
An action to declare the nullity of a void venue shall apply, at the election of the plaintiff, in
judgment does not prescribe. (Sps. the MeTC, MTCC, MTC, and MCTC:
Benatiro vs. Heirs of Cuyos, G.R. No. 1. Where the plaintiff resides;
161220, 2008) 2. Where the defendant resides; or
3. Where he may be found, in the case of a
non-resident defendant.
However, if the plaintiff is engaged in the business

of lending, banking and similar activities, in the city
where the defendant resides, if the plaintiff has a
branch in that city. (Sec. 7, Revised Rules of
Procedure for Small Claims Cases, as amended)
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6. EVIDENCE Q: Distinguish between Burden of Proof and

Burden of Evidence.
A:
A. GENERAL CONCEPTS
BURDEN OF BURDEN OF
Q: Distinguish between Proof and Evidence. PROOF EVIDENCE
A:
Obligation of a party to Duty of a party to go
present evidence on forward with the
PROOF EVIDENCE the facts in issue evidence to overthrow
necessary to establish any prima facie
The result or the The medium or
his claim or defense by presumption against
probative effect of means by which a fact
the amount of him
evidence. When the is proved or
evidence required by
requisite quantum of disproved.
law
evidence of a particular
fact has been duly The burden of proof is Generally determined
admitted and given fixed by the pleadings by the developments
weight, the result is of the trial or by
called the proof of such provisions of
fact. substantive law or
procedural rules which
EXAMPLE: In Gumabon v. PNB, the Court ruled may relieve the party
that the one who alleges payment has the burden from presenting
of proving it. The burden of proving that the debt evidence on the facts
had been discharged by payment rests upon the alleged.
debtor once the debt’s existence has been fully
established by the evidence on record. When the Does not generally May shift from one
debtor introduces some evidence of payment, the shift during the course side to the other as
burden of going forward with the evidence – as of the trial. trial unfolds.
distinct from the burden of proof – shifts to the (Bautista v. Sarmiento, G.R. No. L-45137,
creditor. Consequently, the creditor has a duty to September 23, 1985)
produce evidence to show non-payment.
(Gumabon v. PNB, 2016). Q: What the degree of proof required for
successful prosecution?
Q: Distinguish between Factum Probans and A:
Factum Probandum. 1. In Civil Cases - preponderance of evidence is
A: Evidence signifies a relationship between two required. (Rule 133, Sec. 1)
facts. (Riano) 2. In Criminal Cases –
a) To sustain conviction – Evidence of
FACTUM FACTUM guilt beyond reasonable doubt.
PROBANS PROBANDUM b) Preliminary investigation – probable
cause - engenders a well-founded
The probative or The fact to be proved. belief of the fact of the commission of
evidentiary fact The fact which is in a crime.
tending to prove the issue and to which the c) Issuance of warrant of arrest–
fact in issue or the evidence is directed. It Probable cause (i.e., that there is
FACTUM is the fact or reasonable ground to believe that a
PROBANDUM. It is proposition to be criminal offense has been committed
the material established. and that the accused committed the
evidencing the offense). (Rule 133, Sec. 2)
proposition. 3. In Administrative Cases – Substantial
evidence. (Rule 133, Sec. 5)
(Riano) 4. In Extradition Cases – clear and convincing
evidence (Government of Hong Kong v.
Olalia, G.R. No. 153675, 2007)
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Q: What are the requisites for admissibility of establish the probability or improbability of the fact
evidence? in issue (Rule 128, Sec. 4).
A:
1. Relevant – Relevant to the issue NOTE: What the Rules prohibit is evidence of
2. Competent – Not excluded by the Rules irrelevant collateral facts. (Regalado, p. 708)
on Evidence, the law and the Constitution
(Rule 128, Sec. 3) Q: What are collateral matters?
A: Collateral matters are matters other than the
Q: What are the components of relevant facts in issue and which are offered as basis for
evidence? inference as to the existence or non-existence of
A: the facts in issue. (Regalado, p. 708)
1. Material – evidence offered upon a matter
properly in issue. It is directed towards a Q: What is multiple admissibility?
fact within the range of allowable A: When proffered evidence is admissible for two
controversy. or more purposes. It may be admissible for one
2. Probative – tendency of evidence to purpose but inadmissible for another or vice versa.
establish the proposition that it is offered It may also mean that it may be admissible against
to prove. one party but not against another. (Riano, citing
People v. Salafranca, 666 SCRA 501, 511)
Q: What is relevancy?
A: Evidence is relevant if it has such a relation to Q: What is conditional admissibility?
the fact in issue as to induce belief in its existence A: Evidence may be conditionally admitted subject
or non-existence (Rule 128, Sec. 4). to the condition that its relevancy and competency
be established at a later time. If the connection is
NOTE: To be admissible, evidence should BOTH not shown as promised, the court may, upon
be a.) relevant; and b.) competent. (Rule 128, Sec. motion of the adverse party, strike out from the
3; Regalado, p. 704) record the evidence that was previously
conditionally admitted. (Riano)
Q: What is competent evidence?
A: Evidence that is not excluded by the Q: What is curative admissibility?
Constitution, the law, or the Rules. (Rule 128, Sec. A: When a party is allowed to present inadmissible
3) evidence over the objection of the opposing party,
such opposing party may be allowed to introduce
NOTE: In People v. Sapla, the Supreme Court otherwise inadmissible evidence to contradict the
settled the doctrine that exclusive reliance on an previously admitted inadmissible evidence and to
unverified and anonymous tip cannot engender remove any prejudice caused by its admission.
probable cause that permits a warrantless search (Riano)
of a moving vehicle that goes beyond a visual
search. (People v. Sapla, G.R. No. 244045, June Q: When is Circumstantial Evidence sufficient
16, 2020) for conviction?
A: Circumstantial Evidence is sufficient for
Q: What is material evidence? conviction if:
A: Material evidence is evidence directed to prove a. There is more than one circumstance;
a fact in issue as determined by the rules of b. The facts from which the inferences are
substantive law and pleadings. (Regalado, p. 702) derived are proven; and
c. The combination of all the circumstances
Q: Is evidence on collateral matters is such as to produce a conviction beyond
admissible? reasonable doubt. (Rule 133, Sec. 4)
A:
General Rule: Evidence on collateral matters is Q: What are the Effects of Presumptions?
not allowed. A: A party in whose favor the legal presumption
exists may invoke such presumption to establish a
Exception: Evidence on collateral matters may be fact in issue and need not introduce evidence to
admitted if it tends in any reasonable degree to prove the fact for the presumption is prima facie
proof of the fact presumed. (Diesel Construction
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Co. v. UPSI Property Holdings Inc., G.R. No. The rule is that charges of misconduct against
154937, 2008) judges should be proven by clear and convincing
evidence, otherwise they should be dismissed.
A presumption shifts the burden of evidence or (Pesole v. Rodriguez, A.M. No. 755-MJ, 1978)
the burden of going forward with the evidence. It
imposes on the party against whom it is directed Q: How can these different types of quantum
the burden of going forward with evidence to meet of evidence be summarized?
or rebut the presumption. However, it does not A:
shift the burden of proof. (REGALADO, p.819)
QUANTUM OF
Note: Establish basic fact first, then presumption FOR WHICH CASES
EVIDENCE
may apply.
Proof Beyond Criminal cases
Example: In theft, you must first prove beyond
Reasonable Doubt
reasonable doubt the basic fact of taking, then the
(Rule 133, Sec. 2)
presumption of intent to gain may follow
Clear and Convincing Extradition cases
Q: What is Proof Beyond Reasonable Doubt? Evidence (Gov’t of HK Charges filed against
A: Proof beyond reasonable doubt does not mean v. Olalia, G.R. No. judges and justices
such a degree of proof as excluding the possibility 153675, 2007)
of error, produces absolute certainty.
Preponderance of Civil cases
Moral certainty only is required, or that degree of Evidence (Rule 133,
proof which produces conviction in an Sec. 1)
unprejudiced mind. (Rule 133, Sec. 2)
Substantial Evidence Administrative Cases,
Q: What is Preponderance of Evidence? (Rule 133, Sec. 5) Quasi-Judicial Bodies,
A: It does not mean absolute truth; rather, it means Writ of Amparo
that the testimony of one side is more believable
than that of the other side, and that the probability Totality of Evidence Judicial Declaration of
of truth is on one side than on the other. (Rivera v. (Tan-Andal v. Andal, Nullity of Marriage on
Court of Appeals, G.R. No. 115625, 1998) G.R. No. 196359, May the ground of
11, 2021) Psychological
Q: What is Substantial Evidence? Incapacity.
A: In cases filed before administrative and quasi-
judicial bodies, a fact may be deemed established
if it is supported by substantial evidence. Q: What is the totality of evidence doctrine in
cases of judicial declaration of nullity of
Substantial evidence is that amount of relevant marriage on the ground of psychological
evidence which a reasonable mind might accept incapacity?
as adequate to justify a conclusion. (Rule 133, A: Personal examination of the allegedly
Sec. 5) psychologically incapacitated spouse is not
required for a declaration of nullity of marriage due
Q: What is Clear and Convincing Evidence? to psychological incapacity. So long as the totality
A: Evidence is clear and convincing if it produces of evidence sufficiently proves the psychological
in the mind of the trier of fact a firm belief or incapacity of one or both of the spouses, a decree
conviction as to allegations sought to be of nullity of marriage may be issued. (Tan-Andal v.
established. (Black’s Law Dictionary, 5th ed., 596) Andal, G.R. No. 196359, May 11, 2021)
This is a greater burden than preponderance of

evidence, the standard applied in most civil trials,
but less than evidence beyond a reasonable
doubt, the norm for criminal trials. (Black’s Law
Dictionary, 8th ed., 596)
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B. JUDICIAL NOTICE AND JUDICIAL

ADMISSIONS Q: When is Judicial Notice Discretionary?
A:
Q: When is Judicial Notice Mandatory? 1. The matter is one of public or common
A: knowledge
1. Existence and territorial extent of states 2. The matter must be capable of
2. Their political history, Forms of unquestionable demonstration
government and symbols of nationality, 3. The matter is one that is ought to be
3. The law of nations known to judges because of their judicial
4. The admiralty and maritime courts of the functions. (Rule 129, Sec. 2)
world and their seals
5. The political constitution and history of the Q: Distinguish between judicial notice taken
Philippines, during trial and that taken after trial but before
6. The official acts of legislative, executive judgment or on appeal.
and judicial departments of the A:
Philippines, STAGE DURING AFTER THE TRIAL
7. The laws of nature, TRIAL AND BEFORE
8. The measure of time JUDGMENT, OR
9. The geographical divisions (Rule 129, ON APPEAL
Sec. 1)
How to take The court, on its own initiative, OR
Q: When is Judicial Notice Discretionary? judicial on the request of a party
A: notice?
1. The matter is one of public or common
knowledge (NOTORIOUS) Kind of Any matter Matter is decisive of
a) Things of common knowledge are matter a material issue in
matters coming to the knowledge of the case
men generally in the course of the
ordinary experiences of life, or they (Rule 129, Sec. 3)
may be matters which are generally
accepted by mankind as true and are Q: What is the rule on Judicial Notice of
capable of ready and unquestioned records of other cases?
demonstration. (Riano, p.94 citing A:
Expertravel and Tours, Inc. v. Court of General Rule: Courts are not authorized to take
Appeals, 459 SCRA 147) judicial notice of the contents of the records of
2. The matter must be capable of unquestionable other cases, even when such have been tried or
demonstration are pending in the same court and with the same
3. The matter is one that is ought to be known to judge. (Riano, citing Land Bank of the Philippines
judges because of their judicial functions. v. Yatco, G.R. No. 172251, January 15, 2014)
(Rule 129, Sec. 2)
a) Judicial notice is not judicial Exceptions:
knowledge. The mere personal 1. A party clearly makes reference to the
knowledge of the judge is not the records of another case and there is no
judicial knowledge of the court, and he objection by the other party;
is not authorized to make his 2. Judicial notice is at the request or with the
individual knowledge of a fact, not consent of the parties; or
generally or professionally known, the 3. The original or part of the records of the
basis of his action. (Latip v. Chua, case are actually withdrawn from the
G.R. No. 177809, October 16, 2009) archives and are admitted as part of the
record of the case pending. (Riano, citing
NOTE: The principal guide in determining what Tabuena v. CA, 196 scra 650; People v.
facts may be assumed to be judicially known is Mendoza, 204 SCRA 288; Jumamil v.
that of notoriety. (Latip v. Chua, G.R. No. 177809, Café, 470 SCRA 475; Calamba Steel
October 16, 2009) Center Inc. v. Commissioner of Internal
Revenue, 457 SCRA 482)
4. Courts have also taken judicial notice of
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proceedings in other cases that are A:

closely connected to the matter in
PRE-TRIAL IN PRE-TRIAL IN
controversy. These cases "may be so
CIVIL CASES CRIMINAL CASES
closely interwoven, or so clearly
interdependent, as to invoke a rule of
Admissions in pre- [The admission] must
judicial notice." (Trinidad v. People, GR
trial, as well as those be:
No. 239957, February 18, 2019)
made during the 1) Reduced in
depositions, writing; and
Q: Distinguish between Mandatory and
interrogatories or 2) Signed by both
Discretionary Judicial Notice?
requests for admission the accused and
A:
are deemed judicial counsel.
MANDATORY DISCRETIONARY admissions since they (Rule 118, Sec. 2)
JUDICIAL NOTICE JUDICIAL NOTICE are made in the course
of the proceedings of
Court is compelled to Court not compelled the case. (Riano)
take judicial notice
By own initiative of At the court’s own Q: What is adoptive admission?

the court initiative or on request A: An adoptive admission is a party’s reaction to a
of any of the parties statement or action by another person when it is
reasonable to treat the party’s reaction as an
No hearing Hearing required admission of something stated or implied by the
other person. The basis for admissibility of
(Rule 129, Secs. 1-2) admissions made vicariously is that arising from
the ratification or adoption by the party of the
Q: What are the elements of Judicial statements which the other person had made. In
Admissions? (PPP) the Angara Diary, Estrada’s options started to
A: dwindle when the armed forces withdrew its
1. Must be made by a Party to a case; and support. Thus, Executive Secretary Angara had to
2. Must be made in the course of the ask Senate President Pimentel to advise petitioner
Proceedings in the same case. to consider the option of dignified exit or
3. No Particular form is required, thus a resignation. Estrada did not object to the
judicial admission may be verbal or suggested option but simply said he could never
written. (Riano) leave the country. His silence on this and other
related suggestions can be taken as an admission
NOTE: Judicial admissions may be made by either by him. (Estrada v. Desierto, G.R. Nos. 146710-
a party or his counsel. (Adolfo v. Adolfo, G.R. No. 15, 2001)
201427, 2015)
C. OBJECT EVIDENCE
Q: How may judicial admissions be
contradicted? Q: What is the nature of Object Evidence?
A: A: Objects as evidence are those addressed to the
General Rule: A judicial admission is conclusive senses of the court. When an object is relevant to
upon the party making it and does not require the fact in issue, it may be exhibited to, examined,
proof or viewed by the court. (Rule 130, Sec. 1)
Exceptions: Judicial admissions may be Q: What is the chain of custody rule in

contradicted ONLY by showing that: Dangerous Drug-related cases?
1. The admission was made through A: The basic requirement on the proper disposition
PALPABLE MISTAKE of confiscated, seized, and/or surrendered
2. NO ADMISSION was made. (Rule 129, dangerous drugs enjoins the members of the
Sec. 4) apprehending team having initial custody and
control of the illicit drugs to conduct the 1.)
Q: What is the difference between admissions marking; 2.) inventory; and 3.) photograph taking
in pre-trial in civil and criminal cases? of the seized illegal drugs immediately after the
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seizure in the presence of: a.) the accused or the Q: When can a person file for a DNA testing
person/s from whom such items were confiscated order?
and/or seized, or his/her representative or A: A person who has a legal interest in the litigation
counsel; b.) a representative from the media; c.) a may file an application for DNA testing order
representative from the DOJ; and d.) any elected before the appropriate court, at any time (Rule on
public official. (People v. Del Rosario, G.R. No. DNA Evidence, Sec. 4).
231885, September 23, 2020).
Q: What are the requisites for a DNA testing
Q: Does the chain of custody rule apply only in order to be issued?
buy-bust cases? A: For the order to be issued:
A: No. A plain reading of the law shows that it 2. A biological sample exists that is relevant
applies as long as there has been a seizure and to the case;
confiscation of drugs. There is nothing in the 3. The biological sample: (i) was not
statutory provision which states that it is only previously subjected to the type of DNA
applicable when there is a warrantless seizure in a testing now requested; or (ii) was
buy-bust operation. Thus, it should be applied in previously subjected to DNA testing, but
every situation when an apprehending team the results may require confirmation for
seizes and confiscates drugs from an accused, good reasons;
whether through a buy-bust operation or through a 4. The DNA testing uses a scientifically valid
search warrant. (Tumabini v. People, G.R. technique;
224495, February 19, 2020) 5. The DNA testing has the scientific
potential to produce new information that
Q: What is the chain of custody rule in is relevant to the proper resolution of the
Dangerous Drug-related cases? case; and
A: The identity of the dangerous drugs should be 6. The existence of other factors, if any,
established beyond doubt by showing that the which the court may consider as
items offered in court were the same substance potentially affecting the accuracy of
involved in the buy-bust operation. (Riano, citing integrity of the DNA testing. (Sec. 4, Rule
People v. Dahil, G.R. No. 212196). The purpose of on DNA Evidence)
the chain of custody is to prove that the object 7. There must be a prima facie showing of
found or confiscated in the crime scene is the very relationship or paternity (Lucas v. Lucas,
same object offered in evidence in court. (Riano) G.R. No. 190710 (June 6, 2011)
Q: What is the effect of non-compliance with Q: Can the court motu propio order DNA
the doctrine of chain of custody? testing?
A: A: Yes. The Court may motu propio order a DNA
General Rule: Non-compliance is fatal; the testing (Rule on DNA Evidence, Sec. 4).
accused’s arrest becomes illegal.
Q: Is a court order always required before
Exception: Non-compliance is not fatal and will undertaking a DNA testing?
not make the accused’s arrest illegal nor render A: No. The last paragraph of Sec. 4 of the Rule on
the items seized as inadmissible, provided: DNA Evidence allows a testing without a prior
1. There is justifiable ground; and court order if done before a suit or proceeding is
2. The integrity and evidentiary value of the commenced at the request of any party, including
items are properly preserved (R.A. No. law enforcement agencies. This also means that a
9165, Sec. 21; People v. Dela Cruz, G.R. litigation need not exist prior to DNA testing. Thus,
No. 205414, 2016) a court order shall be required only if there is a
pending litigation, but not before the litigation
Q: What is DNA evidence? (Riano, p.145)
A: “DNA evidence” constitutes the totality of the
DNA profiles, results and other genetic information Post-convicting DNA testing does not also require
directly generated from DNA testing of biological a prior court order.
samples (Rule on DNA Evidence, Sec. 3c)
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Q: Is the court order granting DNA testing A: In assessing the probative value of DNA
appealable? evidence, courts should consider the following
A: No. The order is immediately executory under data:
Sec. 5. The remedy would be to file a petition for 1. How the samples were collected,
certiorari under Rule 65, but this shall not, in any 2. How they were handled,
way, stay the implementation thereof, unless a 3. Possibility of contamination,
higher court issues an injunctive order. (Riano, 4. Procedure followed in analyzing the
p.145). samples,
5. Whether proper standards of procedure
Q: Is there a post-conviction DNA testing? were followed in conducting the tests,
A: Yes. A person convicted under a final and 6. Qualification of the analyst who conducted
executory judgement may still avail himself of DNA the test. (People v. Vallejo G.R. No.
testing. The test after his conviction is termed 144656, 2002)
“post-conviction” DNA testing. Significantly, Sec. 6
of the Rule allows post-conviction DNA testing. It Q: What must the court consider in evaluating
may be available to (a) the prosecution, or (b) the the reliability of a DNA testing methodology?
person convicted by a final and executory A: In evaluating whether the DNA testing
judgement, provided that the following methodology is reliable, the court shall consider
requirements are met: the following:
1. A biological sample exists 1. The falsifiability of the principles or
2. Such sample is relevant to the case; and methods used, that is, whether the theory
3. The testing would probably result in the or technique can be and has been tested;
reversal or modification of the judgement 2. The subjection to peer review and
of conviction (Riano, page 147 citing Sec. publication of the principles or methods;
6 of the Rule on DNA Evidence) 3. The general acceptance of the principles
or methods by the relevant scientific
Q: What must be filed if the post-conviction community;
DNA testing result is favorable to the accused? 4. The existence and maintenance of
A: If the results of the DNA testing are favorable to standards and controls to ensure the
the convict, he may file a petition for a writ of correctness of data generated;
habeas corpus with the court of origin. The court 5. The existence of an appropriate reference
shall then conduct a hearing and in case the court population database; and
finds, after due hearing, that the petition is 6. The general degree of confidence
meritorious, it shall reverse or modify the attributed to mathematical calculations
judgement of conviction and order the release of used in comparing DNA profiles and the
the convict, unless his detention is justified for a significance and limitation of statistical
lawful cause. calculations used in comparing DNA
profiles. (Sec. 8, Rule on DNA evidence)
The petition shall be filed with the court of origin as
a rule. However, the rule also allows the petition to D. DOCUMENTARY EVIDENCE
be filed either with the Court of Appeals or with the
Supreme Court, or with any member of said Q: What is a documentary evidence?
courts. A hearing may be conducted by the latter A: Document as evidence consists of writings,
courts or by any member thereof or instead of recording, photographs or any material containing
conducting a hearing, may instead remand the letters, words, sounds, numbers, figures, symbols,
petition to the court of origin and issue the or their equivalent, or other modes of written
appropriate orders. (Riano, p. 147 citing Sec. 10, expressions offered as proof of their contents.
Rule on DNA evidence) (Rule 130, Sec. 2).
Note: The petition for a writ of habeas corpus may Q: What is the Original Document Rule?
also be filed by the prosecution. (formerly the best evidence rule)
A: The best evidence rule operates as a rule of
Q: What are the guidelines in assessing the exclusion, that is, secondary evidence cannot be
probative value of DNA evidence? introduced as the original writing itself must be
produced in court, subject to exceptions. The best
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evidence rule applies only when the subject of the

inquiry is the contents of a document. The rule NOTE: If data is stored in a computer or
requires that the original of the writing must be similar device – any printout or other output
produced. (National Power Corporation v. Codilla, readable by sight or other means, shown to
G.R. No. 170491, 2007) reflect the data accurately, is an original.
NOTE: Do not use the old term “best evidence.” 3. A duplicate can also be considered an original
Use the proper and new term “original if it is a counterpart produced by the same
document”. impression as the original, or from the same
matrix, or by means of photography,
NOTE: The rule now also applies if the contents of mechanical or electronic re-recording, or by
a writing, reading, photograph or other record is chemical reproduction, or by other equivalent
the subject of inquiry. (Rule 130, Sec.2) Even a techniques which accurately reproduce the
DUPLICATE is now considered an original of a original. (Rule 130, Sec. 4)
document if it is a counterpart produced by:
a. the same impression as the original; Q: When is a duplicate inadmissible?
b. from the same matrix; A:
c. by means of photography; General rule: A duplicate is admissible to the
d. mechanical or electronic re-recording; same extent as an original.
e. chemical reproduction;
f. or by other equivalent techniques which Exception: Unless (1) a genuine question is
accurately reproduce the original. (Rule raised as to the authenticity of the original, or (2) it
130, Sec. 4) is unjust or inequitable to admit the duplicate in lieu
of the original. (Rule 130, Sec. 4c)
Q: When is the original document rule not
applicable? Q: When may secondary evidence be admitted
A: when original is lost, destroyed or cannot be
1. When the original has been lost or produced in court?
destroyed, or cannot be produced in court, A:
without bad faith on the part of the offeror; 1. Proof of the existence and the due
2. When the original is in the custody or execution of the original;
under the control of the party against 2. Loss, destruction or unavailability of all
whom the evidence is offered, and the such originals without bad faith on the part
latter fails to produce it after reasonable of offeror. (Rule 130, Sec. 5)
notice;
3. When the original consists of numerous NOTE: The correct order of proof is as follows-
accounts or other documents which existence, execution, loss, and contents (EELC)
cannot be examined in court without great (MCMP Construction vs. Monark, G.R. No. 20100,
loss of time and the fact sought to be 2014).
established from them is only the general
result of the whole; and NOTE: Please review Rule 130 Secs. 5 and 6 in
4. When the original is a public record in the relation to Secondary Evidence.
custody of a public officer or is recorded in
a public office. Q: What is the diligent search rule in relation to
5. When the original is not closely related to admissibility of secondary evidence?
a controlling issue. (Rule 130, Sec. 3) A: Secondary evidence is inadmissible unless it is
first shown that there is diligent and unavailing
Q: What is an original document? search of the party interested. (Government v.
A: Martinez, G.R. No. 11889, January 10, 1918)
1. The original of a document is the document
itself or any counterpart intended to have the A reasonably probability of its loss is sufficient, and
same effect by a person executing or issuing this may be shown by a bona fide and diligent
it. search, fruitlessly made, for it in places where it is
2. The original of a photograph includes the likely to be found. (Paylago v. Jarabe, G.R. No. L-
negative or any print therefrom. 20046, March 27, 1968)
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NOTE: This is also known as HIGH INTENSITY A: An electronic document shall be regarded as
SEARCH. the equivalent of an original document under the
Best Evidence Rule if it is a printout or output
Q: To what type of proceedings and actions do readable by sight or other means, shown to reflect
the Rules on Electronic Evidence apply? the data accurately. (REE, Rule 4, Sec. 1)
A: The Rules apply to civil actions and
proceedings, as well as quasi-judicial and Q: When is a copy or duplicate of a document
administrative cases. (REE, Rule 1, Sec. 2) It has regarded as original under the REE?
also been held that they apply to criminal actions. A: When –
(People v. Enojas, G.R. No. 204894, 2014) 1. It is in two or more copies executed at or
about the same time with identical
Q: What is an electronic document? contents; or
A: It is information or the representation of 2. It is a counterpart produced by the same
information, data, figures, symbols, or other impression as the original, or from the
modes of written expression, described or same matrix, or by mechanical or
however represented, by which a right is electronic re-recording, or by chemical
established, or an obligation extinguished, or by reproduction, or by other equivalent
which a fact may be proved and affirmed, which is techniques which accurately reproduces
received, recorded, transmitted, stored, the original
processed, retrieved or produced electronically.
(REE, Rule 2, Sec. 1(h)) Such copies or duplicates shall be regarded as the
equivalent of the original. (REE, Rule 4, Sec. 2)
Q: What is an electronic data message?
A: It is information generated, sent, received or Q: When are business records considered as
stored by electronic, optical, or similar means. exception to the hearsay rule?
(REE, Rule 2, Sec. 1(g)) A: A memorandum, report, record or data
compilation of acts, events, conditions, opinions,
For purposes of the REE, the term “electronic or diagnoses, made by electronic, optical or other
document” may be used interchangeably with similar means is an exception to the hearsay rule
electronic data message.” (REE, Rule 2, Sec 1(h)) provided that the following are shown by the
testimony of the custodian or other qualified
Q: What is the “functional equivalent” principle witness:
in relation to electronic evidence? 1. That it was made at or near the time of or
A: The REE provides that electronic evidence is from transmission or supply of
deemed to be the functional equivalent of paper information;
based documents. As such, whenever a rule of 2. That it was made by a person with
evidence refers to the term writing, document, knowledge thereof;
record, instrument, memorandum or any other 3. That it was kept in the regular course or
form of writing, such term shall be deemed to conduct of a business activity; and
include an electronic document as defined in these 4. That such was the regular practice to
Rules. (REE, Rule 3, Sec. 1) make the memorandum, report, record, or
data compilation by electronic, optical or
Q: When is an electronic document similar means (REE, Rule 8, Sec. 1)
admissible?
A: An electronic document is admissible in This exception (to the hearsay rule) may be
evidence if: overcome by evidence of the untrustworthiness of
1. It complies with the rules on admissibility the source of information or the method or
prescribed by the Rules of Court and circumstances of the preparation, transmission or
related laws; and storage thereof. (REE, Rule 8, Sec. 2)
2. It is authenticated in the manner
prescribed by these Rules. (REE, Rule 3, NOTE: Rule 130, Sec. 45 also contains the same
Sec. 2) exception of business records for documents
made by “writing, typing, electronic, optical, or
Q: What is the Original Document Rule under other similar means.” The same conditions apply
the REE? for business records exception under such rule.
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Q: How is the admissibility and evidentiary a person who was a party to the same or has
weight of an electronic document established? personal knowledge thereof.” (Vidallon-Magtolis v.
A: All matters relating to the admissibility and Salud, A.M. No. CA-05- 20-P, 2005)
evidentiary weight of an electronic document may
be established by an affidavit stating facts of: Q: How should ephemeral evidence be
1. direct personal knowledge of the affiant; or proven?
2. based on authentic records A: Ephemeral evidence shall be proven by the
testimony of a person who was a party to the same
The affidavit must affirmatively show the or has personal knowledge thereof. (REE, Rule
competence of the affiant to testify on the matters 11, sec. 2)
contained therein. (REE, Rule 9, Sec. 1)
In the absence or unavailability of such witnesses,
Q: What must be done before a private other competent evidence may be admitted. (REE,
electronic document offered as authentic is Rule 11, sec. 2)
received in evidence?
A: Before any private electronic document offered A recording of the telephone conversation or
as authentic is received in evidence, its ephemeral electronic communication shall be
authenticity must be proved. (REE, Rule 5, Sec. 2) covered by REE, Rule 11, Sec. 1 (on Audio, video
and similar evidence).
Q: How are private electronic documents
authenticated? Note: If the foregoing communications are
A: By any of the following means: recorded or embodied in an electronic document,
1. By evidence that it had been digitally then the provisions of Rule 5 on authentication of
signed by the person purported to have electronic documents shall apply. (REE, Rule 11,
signed the same; Sec. 2)
2. By evidence that other appropriate
security procedures or devices as may be Q: When is audio, photographic, and video
authorized by the Supreme Court or by evidence admissible?
law for authentication of electronic A: Audio, photographic and video evidence of
documents were applied to the document; events, acts or transactions shall be admissible
or provided: (REE, Rule 11, Sec. 1)
3. By other evidence showing its integrity 1. It shall be shown, presented or displayed
and reliability to the satisfaction of the to the court; and
Judge. (REE, Rule 5, Sec. 2) 2. It shall be identified, explained or
authenticated by the person who made
Q: Is an electronically notarized document the recording or by some other person
considered a public document? competent to testify on the accuracy
A: Yes. A document electronically notarized in thereof
accordance with the rules promulgated by the
Supreme Court shall be considered as a public Q: What is the parol evidence rule?
document and proved as a notarial document A: When the terms of an agreement have been
under the Rules of Court. (REE, Rule 5, Sec. 3) reduced to writing, it is considered as containing
all the terms agreed upon and there can be, as
Q: What is an ephemeral electronic between the parties and their successors in
communication? interest, no evidence of such terms other than the
A: It refers to telephone conversations, text contents of the written agreement. (Rule 130, Sec.
messages, chatroom sessions, streaming audio, 10)
streaming video, and other electronic forms of
communication the evidence of which is not Q: When can parol evidence be introduced?
recorded or retained. (REE, Rule 2, Sec. 1(k)) A: A party may present evidence to modify,
explain or add to the terms of the written
Text messages have been classified as agreement if he puts in issue in his pleading any
“ephemeral electronic communication” under of the following:
Section 1(k), Rule 2 of the Rules on Electronic 1. An intrinsic ambiguity, mistake or
Evidence, and “shall be proven by the testimony of imperfection in the written agreement;
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2. The failure of the written agreement to

PAROL EVIDENCE ORIGINAL
express the true intent and agreement of
RULE DOCUMENT RULE
the parties thereto;
3. The validity of the written agreement; or
Precludes the Precludes the
4. The existence of other terms agreed to by
admission of other admission of
the parties or their successors in interest
evidence to prove the secondary evidence if
after the execution of the written
terms of a document the original document
agreement. (Rule 130, Sec. 10)
other than the is available.
contents of the
NOTE: The term “agreement” includes wills. (Rule
document itself for the
130, Sec. 10)
purpose of varying the
terms of the writing.
Q: What is the Partial Integration rule?
A: When a writing is on its face incomplete, said Can be invoked only Can be invoked by any
writing is only a partial integration of the by the parties to the litigant to an action
agreement of the parties; hence, parol evidence is document and their whether or not said
not barred to prove matters not covered by the successors-in- litigant is a party to the
writing. Parol evidence is, however, barred when interest. document involved.
the writing is a total integration of the agreement.
(Riano, p.176) Applies to written Applies to all forms of
agreements writings
Q: What are the conditions required before (contracts), including
parole evidence of collateral agreements may wills.
be introduced?
A: Before an oral agreement is received to vary a When the subject of When the subject of
written contract, at least three conditions must be the inquiry is the terms the inquiry is the
present: of the agreement, one contents of a writing,
1. It must be clear that it is a collateral; must, as a rule, read he must look at the
2. It must not contradict, express or implied, the agreement itself original writing. This is
the main written contract; and not seek guidance the original document
3. It must be one that the parties would not on sources outside the rule.
ordinarily be expected to embody in the writing.
main written agreement. It must not be so
closely and clearly connected with the Sources outside the
main or principal transaction as to be writing are considered
actually part and parcel of it. (Mitchell v. parol evidence, and
Lath, 247 N.Y. 377, 160 N.E. 646, 1928) are inadmissible.
NOTE: The parole evidence rule does not (Riano)

preclude the admission of extrinsic evidence of a
valid prior or contemporaneous parole agreement Q: How do you authenticate a private
which is collateral both in form and substance. document?
(Francisco, p. 380) A: Before any private document offered as
authentic is received in evidence, its due execution
Q: Distinguish between the Parol Evidence and authenticity must be proved either:
Rule and Original Document Rule. 1. By anyone who saw the document or
A: written; or
2. By evidence of the genuineness of the
PAROL EVIDENCE ORIGINAL signature or handwriting of the maker.
RULE DOCUMENT RULE
Any other private document need only be identified
It presupposes that Establishes a as that which it is claimed to be. (Rule 132, Sec.
the original document preference for the 20)
is available in court original document
over secondary Q: When is evidence of authenticity of a private
evidence thereof. writing not required?
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A: acknowledgment being prima facie evidence of the

1. Ancient Documents execution of the instrument or document involved
2. When the genuineness and authenticity of (Rule 132, Sec. 30).
an actionable document have not been
specifically denied under oath by the A public document duly acknowledged before a
adverse party under Sec. 8 of Rule 8 of notary public, under his hand and seal with his
the Rules of Court certificate thereto attached, is admissible in
3. When the genuineness and authenticity of evidence without further proof of its due execution
the document have been admitted under and delivery until some question is raised as to the
Sec. 4 of Rule 129 verity of said acknowledgment and certificate
4. When the document is not being offered (Antillon v. Barcelon, G.R. No. L-12483, 1917).
as authentic as implied from Sec. 20, Rule
132 of the Rules of Court, which requires Q: How are alterations to a document
authentication only when the document is explained?
offered as “authentic” (Riano, page. 193) A:
1. The alteration was made by another,
Q: What is the effect if a document is a public without his concurrence; or
document? 2. It was made with the consent of the parties
A: Public documents are admissible without affected by it; or
further proof of their genuineness and due 3. It was otherwise properly or innocently
execution. (Rodriguez v. YOHDC, G.R. No. made; or
199451, August 15, 2018) 4. The alteration did not change the meaning
or language of the instrument.
Q: What is the ancient document rule?
A: Where a private document is more than 30 If he fails to do that, the document shall not be
years old, is produced from the custody in which it admissible in evidence (Rule 132, Sec. 31).
would naturally be found if genuine, and is
unblemished by any alterations or circumstances E. TESTIMONIAL EVIDENCE
of suspicion, no other evidence of its authenticity
need be given. (Rule 132, Sec. 21) Q: What are the disqualifications of a witness?
A:
Q: How is lack of record proved? 1. Disqualification by reason of marriage;
A: A written statement signed by an officer having (Rule 130 Sec. 23)
the custody of an official record or by his deputy 2. Disqualification by reason of privileged
that after diligent search no record or entry of a communications; (Rule 130, Sec. 24)
specified tenor is found to exist in the records of 3. Parental and filial privilege; (Rule 130,
his office, accompanied by a certificate as above Sec. 25) and
provided, is admissible as evidence that the 4. Trade Secrets (Rule 130, Sec. 26)
records of his office contain no such record or
entry (Rule 132, Sec. 28). NOTE: The law presumes that every person is of
sound mind, in the absence of proof to the
Q: How is judicial record impeached? contrary. (Torres v. Lopez, G.R. No. L-24569,
A: Any judicial record may be impeached by 1926)
evidence of:
1. Want of jurisdiction in the court or judicial Q: What is the rule on child witnesses?
officer; A: Every child is now presumed qualified to be a
2. Collusion between the parties; or witness. To rebut this presumption, the burden of
3. Fraud of the party offering the record, in proof lies on the party challenging the child’s
respect to the proceedings (Rule 132, competency. Only when substantial doubt exists
Sec. 29). regarding the ability of the child to perceive,
remember, communicate, distinguish truth from
Q: How are notarial records proved? falsehood, or appreciate the duty to tell the truth in
A: Every instrument duly acknowledged or proved court will the court, motu proprio or on motion of a
and certified as provided by law, may be presented party, conduct a competency examination of a
in evidence without further proof, the certificate of
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child. (Rule on Examination of a Child Witness,

MARITAL MARITAL
A.M. No. 004-07-SC)
DISQUALIFICATION PRIVILEGED
RULE COMMUNICATION
Q: When can a child become a witness?
A: For a child witness to be competent, it must be
cease just because
shown that he has the capacity of (1) observation,
the marriage has
(2) of recollection, and (3) of communication.
ended.
(People v. Mendoza, G.R. No. 113791, 1996)
Requires that the No such requirement
Q: What are privileged communications under spouse against whom as it applies
the Rules of Court? the testimony is offered regardless of whether
A: is a party to the action. the spouses are
1. Husband and Wife parties or not.
2. Attorney and Client
3. Physician and Patient The prohibition is What is prohibited is
4. Priest and Penitent directed at testimony the examination of a
5. Public Officers (Rule 130, Sec. 24) against the other. spouse as to matters
received in
Q: What is the distinction between the Marital (Rule 130, Sec. 23) confidence by one
Disqualification Rule and the Marital from the other during
Communications Privilege? the marriage.
A: (Rule 130, Sec. 24a)
MARITAL MARITAL Q: What are the requisites of Attorney-Client

DISQUALIFICATION PRIVILEGED Privilege?
RULE COMMUNICATION A:
1. There must be a communication made by the
Does NOT refer to Refers to confidential client to the attorney, OR advice given by the
confidential communications attorney to his client; (No particular form is
communications received by one required under the Rules)
between spouses. spouse from the other 2. The communication or advice must be given in
during the marriage. confidence; and
3. The communication or advice must be given
Includes facts, Applies only to either:
occurrences, or confidential a. In the course of professional
information even prior information received employment; or
to the marriage. during the marriage. b. With a view to professional
The scope of this rule is employment
broader because it (This contemplates preliminary
prevents testimony for negotiations, even if later on the attorney-
or against the spouse client relationship is not perfected)
on any fact and not
merely a disclosure of Attorney’s secretary, stenographer, clerk or other
confidential persons assisting the attorney are also covered by
information. the rule and cannot be examined concerning any
fact the knowledge of which has been acquired in
The rule can no longer The spouse affected such capacity without the consent of the client
be invoked once the by the disclosure of AND their employer.
marriage is dissolved. the information or
It may be asserted only testimony may object NOTE: Also covered is a “person reasonably
during the marriage. even after the believed by the client to be licensed to engage in
dissolution of the the practice of law” (Rule 130, Sec. 24b).
marriage. The
privilege does not Q: When does the attorney-client privilege not
apply?
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A: Under the Rules, the privilege does not apply: 2. The confession must be of a penitential
1. In furtherance of crime or fraud (future character. (Rule 130, Sec. 24)
crime-fraud);
2. Claimants through same deceased client; Q: What are the requisites for public officers
3. Breach of duty by lawyer or client; Privilege?
4. Document attested by the lawyer; and A:
5. Joint Clients (Rule 130, Sec. 24b) 1. The communication must have been made to
a public officer;
Q: When is the identity of a client privileged? 2. The communication was made in official
(LAST LINK DOCTRINE) confidence; and
A: 3. Public interest would suffer by the disclosure
1. Where a strong probability exists that of the information (Rule 130, Sec. 24[e])
revealing the client's name would
implicate that client in the very activity for Q: What is the Presidential Communications
which he sought the lawyer's advice. Privilege?
2. Where disclosure would open the client to A: There is a Recognized Presumptive
civil liability, his identity is privileged. Presidential Communications Privilege - it was the
3. Where the government's lawyers have no President herself, through Executive Secretary
case against an attorney's client unless, Ermita, who invoked executive privilege on a
by revealing the client's name, the said specific matter involving an executive agreement
name would furnish the only link that between the Philippines and China, which was the
would form the chain of testimony subject of the three. (Neri v. Senate Committee,
necessary to convict an individual of a G.R. No. 180643, 2008)
crime, the client's name is privileged.
(Regala v Sandiganbayan, 1996) Q: What are the elements of the Presidential
Communications Privilege?
Q: What are the requisites for disqualification A:
by reason of Physician and Patient privilege? 1. Must relate to a “quintessential and non-
A: delegable presidential power;”
1. The privilege is claimed in a civil case; 2. Must be authored or “solicited and received”
2. The person against whom the privilege is by a close advisor of the President or the
claimed is one duly authorized to practice President himself; and
medicine, surgery or obstetrics; 3. Privilege may be overcome by a showing of
3. Such person acquired the information adequate need such that the information
while he was attending to the patient; sought “likely contains important evidence”
4. The information was necessary to enable and by the unavailability of the information
him to act in that capacity; and elsewhere (Neri v. Senate Committee, G.R.
5. The information was confidential and if No. 180643, 2008)
disclosed would blacken the reputation of
the patient. (Krohn v. CA, 1994) Q: What is the Newsman’s Privilege (R.A. 1477,
Sec. 1)?
NOTE: The 2019 amendments to the Rules of A: Without prejudice to his liability under the civil
Evidence has removed the requirement that the and criminal laws, any publisher, owner, or duly
information involved “would blacken the reputation recognized or accredited journalist, writer,
of the patient”. reporter, contributor, opinion writer, editor,
columnist, manager, media practitioner involved in
Q: What are the requisites for Priest and the writing, editing, production, and dissemination
Penitent Privilege? of news for mass circulation, of any print,
A: broadcast, wire service organization, or electronic
1. The confession must be made to the minister mass media, including cable TV and its variants,
or priest in his professional character, and in cannot be compelled to reveal the source of any
the course of discipline enjoined by the rules news item, report or information appearing or
of practice of the denomination to which the being reported or disseminated through said
priest or minister belongs; and media, which was related in confidence to the
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abovementioned media practitioners. (R.A. No. All privileged and confidential information obtained
53, as amended by R.A. 11458, Sec. 1) in CAM or JDR shall be inadmissible as evidence
for any purpose in any other proceedings.
Q: Is there an exception to the Newsman’s
Privilege? However, evidence or information that is otherwise
A: Yes. Unless the court or the House of admissible does not become inadmissible solely
Representatives or the Senate or any committee by reason of its use in CAM or JDR (Guidelines for
of Congress finds that such revelation is the Conduct of CAM and JDR in Civil Cases, A.M.
demanded by the security of the State. (R.A. No. No. 19-10-SC, Part D, Sec. 7).
53, as amended by R.A. 11458, Sec. 1)
Q: What is Judicial Privilege?
Q: What is the Privileged Communication in A: At the most basic level and subject to the
Labor Conciliation Proceedings (Labor Code, principle of comity, Members of the Court, and
Art. 233) Court officials and employees may not be
A: Information and statements made at compelled to testify on matters that are part of the
conciliation proceedings shall be treated as internal deliberations and actions of the Court in
privileged communication and shall not be used as the exercise of their adjudicatory functions and
evidence in the Commission. Conciliators and duties, while testimony on matters external to their
similar officials shall not testify in any court or body adjudicatory functions and duties may be
regarding any matters taken up at conciliation compelled by compulsory processes. (Per Curiam
proceedings conducted by them. (Labor Code, Art. Supreme Court Decision in connection with the
233) letter of the House Prosecution Panel to subpoena
Justices of the Supreme Court, 2013)
Q: Define the concept of Secrecy of Bank
Deposits (R.A. 1405, Sec. 2) To summarize these rules, the following are
A: All deposits of whatever nature with banks or privileged documents or communications, and are
banking institutions in the Philippines including not subject to disclosure:
investments in bonds issued by the Government of 1. Court actions such as the result of the
the Philippines, its political subdivisions and its raffle of cases and the actions taken by
instrumentalities, are hereby considered as of an the Court on each case included in the
absolutely confidential nature and may not be agenda of the Court's session on acts
examined, inquired or looked into by any person, done material to pending cases, except
government official, bureau or office, except upon where a party litigant requests information
written permission of the depositor, or in cases of on the result of the raffle of the case,
impeachment, or upon order of a competent court pursuant to Rule 7, Section 3 of the
in cases of bribery or dereliction of duty of public Internal Rules of the Supreme Court;
officials, or in cases where the money deposited or 2. Court deliberations or the deliberations of
invested is the subject matter of the litigation. (R.A. the Members in court sessions on cases
1405, Sec. 2) and matters pending before the Court;
3. Court records which are "predecisional"
Q: Define the privilege in Court-Annexed and "deliberative" in nature, in particular,
Mediation and Judicial Dispute Resolution documents and other communications
cases. which are part of or related to the
A: Any and all matters discussed, or deliberative process, i.e., notes, drafts,
communications made, including requests for research papers, internal discussions,
mediation, and documents presented during CAM internal memoranda, records of internal
or JDR proceedings, shall be privileged and deliberations, and similar papers.
confidential. 4. Confidential Information secured by
justices, judges, court officials and
If personal notes are taken for guidance, the notes employees in the course of their official
shall be destroyed. Should such records exist, the functions, mentioned in (2) and (3) above,
same shall also be privileged and confidential. are privileged even after their term of
office.
5. Records of cases that are still pending for
decision are privileged materials that
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cannot be disclosed, except only for Pennswell, Inc., G.R. No. 172835, 2007)
pleadings, orders and resolutions that
have been made available by the court to Q: What happens if the privileged
the general public. communication comes to the hands of third
6. The principle of comity or inter- persons?
departmental courtesy demands that the A: The 2019 amendments introduced a new
highest officials of each department be provision that the communication shall remain
exempt from the compulsory processes of privileged even in the hands of a third person who
the other departments. may have obtained the information, PROVIDED
7. These privileges belong to the Supreme that the original parties to the communication took
Court as an institution, not to any justice reasonable precaution to protect its confidentiality.
or judge in his or her individual capacity. (Rule 130, Sec. 24)
Since the Court is higher than the
individual justices or judges, no sitting or Q: What are the rights of a witness?
retired justice or judge, not even the Chief A:
Justice, may claim exception without the 1. To be protected from irrelevant, improper, or
consent of the Court. (In re: Production of insulting questions, and from harsh or insulting
Court Records, 2012) demeanor;
2. Not to be detained longer than the interests of
Q: What is the rule with regard to parental and justice require;
filial privilege? 3. Not to be examined except only as to matters
A: No person may be compelled to testify against pertinent to the issue;
his parents, other direct ascendants, children and 4. Not to give an answer which will tend to
other direct descendants. (Rule 130, Sec. 25) subject him/her to a penalty for an offense
unless otherwise provided by law (Right
Q: Distinguish parental privilege from filial against self-incrimination);
privilege. 5. Not to give an answer which will tend to
A: degrade his/her reputation, unless it be the
1. Parental Privilege: A parent cannot be very fact at issue or to a fact from which the
compelled to testify against his child or fact in issue would be presumed. But a witness
direct descendants must answer to the fact of his previous final
2. Filial Privilege: A child may not be conviction for an offense. (Right Against Self-
compelled to testify against his parents or Degradation) (Rule 132, Sec. 3)
other direct ascendants
Q: Distinguish the right against self-
Q: What are the factors in determining if an incrimination of an accused and of an ordinary
information is a trade secret and hence witness.
protected from disclosure? A:
A: ACCUSED ORDINARY
1. The extent to which the information is WITNESS
known outside of the employer’s business;
2. The extent to which the information is He cannot be He may be compelled
known by employees and others involved compelled to testify or to testify by subpoena,
in the business; produce evidence but he will have the
3. The extent of measures taken by the even by subpoena or right to refuse to
employer to guard the secrecy of the other process or order answer an
information; of the court. incriminating question
4. The value of the information to the at the time it is asked to
employer and to competitors; him.
5. The amount of effort or money expended
by the company in developing the
information; and
6. The extent to which the information could
be easily or readily obtained through an
independent source. (Air Philippines vs.
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documents, records, or writings necessary for the

ACCUSED ORDINARY
prosecution of the offense or offenses for which he
WITNESS
has been admitted on the ground of the right
He can refuse outright He does not have a against self-incrimination. (R.A 6981, Sec. 14)
to take the stand as a right to disregard a
witness subpoena, decline to Q: How is a witness examined?
appear before the A:
court at the time 1. In open court; and
appointed, or refuse to 2. Under oath or affirmation. (Rule 132, Sec. 1)
testify altogether. The
witness receiving a Q: How shall the witness give his answer?
subpoena must obey. A: The answers shall be given orally,
It is only when the
incriminating question EXCEPT if:
is addressed that he 1. The witness is incapacitated to speak;
may refuse to answer. 2. The question calls for a different mode of
(Rosete v. Lim, GR No. answer. (Rule 132, Sec. 1)
136051, June 8, 2006)
NOTE: However, check the Judicial Affidavit Rule
Invocation of the right The offense involved is which now allows the testimonies of witnesses to
may be with reference one for which he may be in affidavits.
to: be tried in another
• the offense case. Q: Give the order in the examination of an
involved in the individual witness.
same case (Regalado, Evidence, A: The order in which an individual witness may
wherein he is 842) be examined is as follows:
charged, or 1. Direct-examination by the proponent;
• an offense for 2. Cross-examination by the opponent;
which he may be 3. Re-direct examination by the proponent;
charged and tried 4. Re-cross-examination by the opponent.
in another case (Rule 132, Sec. 4)
(Regalado,
Evidence, 842) Q: What is the scope of cross-examination?
A:
1. On any relevant matter, with sufficient
Q: Distinguish “use” and “transactional”
fullness and freedom to test the witness’s
immunity.
accuracy and truthfulness and freedom
A:
from interest or bias, or the reverse
“USE” IMMUNITY “TRANSACTIONAL” 2. All important facts bearing upon the issue
IMMUNITY (Rule 132, Sec. 6)
Prohibits the use of the Grants immunity to the NOTE: The 2019 amendment of 132, Sec. 6 now
witness’s compelled witness from expanded the coverage of cross-examination on
testimony and its fruits prosecution for an “any relevant matter”. However, Rule 115, Sec. 1
in any manner in offense to which his (d) provides that the scope of the cross-
connection with the compelled testimony examination of an accused shall only be on
criminal prosecution of relates. This second “matters covered by his/her direct examination”.
the witness. immunity is broader.
(Galman v. Pamaran, G.R. Nos. L-71208-09 and In People v. Ayson, G.R. No. 85215, 1989, the
L-71212-13, 1985) Supreme Court ruled that if an accused chooses
to testify, then he may be cross-examined as any
NOTE: Under R.A. 6981 (Witness Protection, other witness. He may be cross-examined as to
Security and Benefit Act), A witness admitted into any matters stated in his direct examination or
the witness protection program cannot refuse to connected therewith.
testify or give evidence, produce books,
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Although there is no definitive case on this matter A: Evidence that the witness has been convicted
yet, one can cite the 2019 amendment of Rule by final judgment of a crime shall be admitted if (a)
132, Sec. 6 as basis to say that the accused who the crime was punishable by a penalty in excess
testifies may indeed be cross-examined “on any of one year; or (b) the crime involved moral
relevant matter” because he “may be cross- turpitude, regardless of the penalty. (Rule 132,
examined as any other witness.” Sec. 12)
Q: What is a leading question? NOTE: Evidence of a conviction is not admissible

A: It is a question which suggests to the witness if the conviction has been the subject of an
the answer which the examining party desires. It is amnesty or annulment of conviction. (Rule 132,
not allowed, Sec. 12)
EXCEPT: General Rule: The adverse party’s witness cannot

1. On cross-examination; be impeached by evidence of particular wrongful
2. On preliminary matters; acts.
3. When there is difficulty in getting direct
and intelligible answers from a witness Exception: It may be shown by the examination
who is ignorant, or a child of tender years, of the witness or the record of the judgment that
or is of feeble mind, or a deaf-mute; the adverse party’s witness has been convicted of
4. Of an unwilling or hostile witness; or an offense.
5. Of a witness who is an adverse party or an
officer, director, or managing agent of a Q: Can a party impeach his own witness?
public or private corporation or of a A:
partnership or association which is an General Rule: A party producing a witness is not
adverse party. (Rule 132, Sec. 10) allowed to impeach his/her own witness’
credibility.
Q: What is a misleading question?
A: It is a question which assumes as true a fact not Exceptions:
yet testified to by the witness, or contraray to that 1. If the witness has become an unwilling or
which he or she has previously stated. It is not hostile witness.
allowed. (Rule 132, Sec. 10) 2. If the witness is [a] an adverse party or [b]
an officer, director or managing agent of a
Q: What is impeachment of a witness? public or private corporation or of a
A: To impeach a witness means to call into partnership or association which is an
question the veracity of the witness or by showing adverse party (Rule 132, Sec. 13)
that the witness is unworthy of belief. 3. If the witness is not voluntarily offered but
is required by law to be presented by the
Destroying credibility is vital because it is linked proponent, as in the case of subscribing
with a witness’s ability and willingness to tell the witnesses to a will (Fernandez v. Tantoco,
truth. (Riano, 373) G.R. No. 25489, 1926)
Q: How can an adverse party’s witness be Q: When can a witness be considered as a

impeached? hostile or unwilling witness?
A: A: A witness will be considered hostile or unwilling
1. Contradictory evidence; upon:
2. Evidence that his or her general reputation 1. Declaration by the court;
for truth, honesty, or integrity is bad 2. Adequate showing of his/her adverse
3. Evidence that he/she has made at other interest, unjustified reluctance to testify, or
times statements inconsistent with his/her his/her having misled the party into calling
present testimony. (PRIOR him/her to the witness stand. (Rule 132,
INCONSISTENT STATEMENTS) (Rule Sec. 13)
132, Sec. 11)
Q: How can a party impeach his own witness?
Q: When can impeachment be done by A:
evidence of conviction of a crime? 1. Evidence contradictory to witness’
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testimony; or A: A witness may be allowed to refresh his or her

2. Evidence of prior inconsistent statements memory respecting a fact, by anything written or
of the witness. recorded by himself or herself, or under his or her
direction at the time when the fact occurred, or
Note: The rule provides that the unwilling or immediately thereafter, or at any time when the
hostile witness or adverse party may be fact was fresh in his or her memory and he or she
impeached in the same manner as if he or she was knew that the same was correctly written or
an adverse party witness, except by evidence of recorded; but in such the case the writing or record
his or her bad character. must be produced and may be inspected by the
adverse party, who may, if he or she chooses,
But, where the witness is an unwilling or hostile cross-examine the witness upon it, and may read
witness so declared by the court or is an adverse it in evidence.
party witness, the cross-examination shall only be
on the subject matter of his examination-in-chief. A witness may also testify from such writing or
(Rule 132, Sec. 13) record, although he or she retains no recollection
of the particular facts, if he or she is able to swear
Q: What is the rule on good character of a that the writing or record correctly stated the
witness? transaction when made; but such evidence must
A: Evidence of the good character of a witness is be received with caution (Rule 132, Sec. 16)
not admissible until such character has been
impeached. (Rule 130, Sec. 54c) PRESENT PAST
RECOLLECTION RECOLLECTION
Q: Distinguish between impeaching through REFRESHED RECORDED
contradictory evidence and through prior
inconsistent statements.
A: Stimulus attempts to Where the witness
revive current cannot recall the incident,
CONTRADICTORY PRIOR memory — document but a written record
EVIDENCE INCONSISTENT need not be admitted adopted by witness at the
STATEMENTS into evidence time is admitted in place
because the of witness’s testimony —
Contradictory evidence Prior inconsistent
testimony is the the document is the
refers to other statements refer to
evidence evidence itself
testimony of the same statements, oral or
witness, or other documentary, made by
evidence presented by the witness sought to Q: When does the rule on examination of a
him in the same case. be impeached on child witness apply?
(Regalado, Evidence, occasions other than A: Unless otherwise provided, this Rule shall
851) the trial in which he is govern the examination of child witnesses who are
testifying. (Regalado, victims of crime, accused of a crime, and
Evidence, 851) witnesses to crime.
…witnesses have It shall apply in all criminal proceedings and

given conflicting non-criminal proceedings involving child
testimonies, which are witnesses. (Sec. 1, A.M. 004-07 SC; the Rule on
inconsistent with their Examination of a Child Witness)
present testimony and
which would Q: What is the rule on hearsay exception in
accordingly cast a child abuse cases?
doubt on their A: A statement made by a child describing any act
credibility. (Villalon v. or attempted act of child abuse, not otherwise
IAC, G.R. No. 73751, admissible under the hearsay rule, may be
1986) admitted in evidence in any criminal or non-
criminal proceeding subject to the following rules:
1. Before such hearsay statement may be
Q: When is a witness allowed to refer to a
admitted, its proponent shall make known
memorandum?
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to the adverse party the intention to offer

such statement and its particulars to Q: What is the sexual abuse shield rule?
provide him a fair opportunity to object. A:
General Rule: The following evidence is not
If the child is available, the court shall, admissible in any criminal proceeding involving
upon motion of the adverse party, require alleged sexual child abuse:
the child to be present at the presentation a. Evidence offered to prove that the alleged
of the hearsay statement for cross- victim engaged in other sexual behavior;
examination by the adverse party. and
b. Evidence offered to prove the sexual
When the child is unavailable, the fact of predisposition of the alleged victim
such circumstance must be proved by the
proponent and his hearsay testimony shall Exception: Evidence of specific instances of
be admitted only if corroborated by other sexual behavior by the alleged victim to prove that
admissible evidence. a person, other than the accused, was the source
2. In ruling on the admissibility of such of the semen, injury, or other physical evidence
hearsay statement, the court shall (This is admissible) (Sec. 30 of the Rule on
consider the time, content, and Examination of a Child Witness)
circumstances thereof which provide
sufficient indicia of reliability. Factors to be Q: What are the two (2) types of Admissions?
considered: A:
a. Whether there is a motive to lie 1. JUDICIAL ADMISSION – An Admission,
b. The general character of the verbal or written, made by the party in the
declarant child course of the proceedings in the same case,
c. Whether more than one person does not require proof. The admission may be
heard the statement contradicted only by showing that it was made
d. Whether the statement was one made in a judicial proceeding under
spontaneous consideration. (Rule 129 Sec. 4)
e. The timing of the statement and 2. EXTRAJUDICIAL ADMISSION - one made
the relationship between the out of court or in a judicial proceeding other
declarant child and witness than the one under consideration. (Perry v.
f. Cross-examination could not Simpson, Conn. 313 cited in Riano)
show the lack of knowledge of the
declarant child
JUDICIAL EXTRAJUDICIAL
g. The possibility of faulty
ADMISSION ADMISSION
recollection of the declarant child
is remote
Rule 129, Sec. 4 Rule 130, Sec. 27
h. The circumstances surrounding
the statement are such that there Made in course of the Out-of-court
is no reason to suppose the proceedings in the declaration
declarant child misrepresented same case
the involvement of the accused
3. The child witness shall be considered Does not require Requires proof; must
unavailable under the following situations: proof; deemed be formally offered in
a. Is deceased, suffers from physical automatically part of evidence
infirmity, lack of memory, mental the record
illness, or will be exposed to
severe psychological injury; or
b. Is absent from the hearing and the
proponent of his statement has
been unable to procure his
attendance by process or other
reasonable means (Sec. 28 of the
Rule on Examination of a Child
Witness)
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7. When offered without objection or there is

JUDICIAL EXTRAJUDICIAL
waiver.
ADMISSION ADMISSION
Q: What are the two branches of the res inter
Conclusive upon the Rebuttable
alios acta rule?
admitter
A:
1. The rights of a party cannot be prejudiced
BUT may be
by an act, declaration, or omission of
contradicted by
another (Rule 130, Sec. 29)
showing that:
2. Similar Acts Rule: Evidence of one’s
a. It was made
previous conduct or similar acts at one
through palpable
time is not admissible to prove that he did
mistake
or did not do the same or a similar act at
b. The imputed
another time (Rule 130, Sec. 35)
admission was not,
in fact, made
This rule only applies to extrajudicial declarations
Admissible, even if it is Admissible, only if it is (People v. Raquel, G.R. No. 119006, 2006)
a self-serving not a self-serving
declaration declaration Q: What are the exceptions to the res inter alios
acta rule (1st branch)?
A:
Q: What is the Rule on Admissions by a Party? 1. Admission by a Co-Partner or Agent (Rule
A: The act, declaration, or omission of a party as 130, Sec. 30);
to a relevant fact may be given in evidence against 2. Admission by a Co-Conspirator (Rule 130,
him. (Rule 130, Sec. 27) Sec. 31);
3. Admission by Privies (Rule 130, Sec. 32);
Q: Are Self-Serving Declarations admissible? 4. Admission by Silence (Rule 130, Sec. 33;
A: Self-serving declarations are not admissible. A see Tan Siok Kuan v. Returta, G.R. No.
self-serving declaration is one that is made by a 175085, 2016, J. Perez); and
party, out of court and in his favor. It does not 5. Interlocking Confessions (People v. Muit,
include the testimony he gives as a witness in G.R. No. 181043, 2008)
court. (People v. Omictin, G.R. No. 188130, 2010) 6. Statements made by an employee against
his employer are admissible against the
Q: When are self-serving admissions latter, where the statements while in
admissible? employ and where they concerned a
A: matter within the scope of his
1. Diaries, if it is against interest, or if it is in the employment. (Mahlandt v. Wild Canid
nature of books of accounts. Letters Survival & Research Center, 588 F.2d
prepared not in anticipation of litigation are 626, 8th Cir. 1978)
not considered self-serving declarations.
(See Rule 130 Sec. 5) Q: What is the rule on admissions by a third
2. Part of the res gestae, including party?
spontaneous statements and verbal acts. A: The rights of a party cannot be prejudiced by an
(See Rule 130 Sec. 42) act, declaration, or omission of another, except as
3. When in the form of complaint and hereinafter provided. (Rule 130, Sec. 29)
exclamations of pain and suffering.
4. When part of a confession offered by the Example: After a murder, Accused goes to his
prosecution. (such as those favorable to the neighbor and tells her, “Napatay namin ni Jose si
accused, e.g. I shot him because he was Juan”. His neighbor can testify on this fact in a
going to stab me.) murder case against Accused; the declaration may
5. When the credibility of a party has been be given in evidence as an admission only against
assailed on the ground that his testimony is Accused. It is not admissible against Jose.
a recent fabrication.
6. When offered by the opponent.
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HOWEVER: If the Accused testifies and explains NOTE: Applicable only to extrajudicial acts or
the participation of Jose, then the testimony is declaration but NOT to testimony given on the
admissible against Jose. stand at the trial where the defendant has the
opportunity to cross-examine the declarant.
NOTE: Sec. 28 [now Sec. 29], Rule 130 refers to (People v. Serrano, G.R. No. L-7973, 1959)
the first branch of the res inter alios acta rule. The
second branch can be found in Sec. 35, Rule Q: What is the rule on admission by privies?
130—similar acts as evidence. (Regalado 2008 A:
ed., 758) General Rule: In order for an admission of a
former owner of property to be admissible against
Q: What is the rule on admission by a co- his successor in title, it must have been made at
partner or agent? the time when the title was still held by the
A: The act or declaration of a partner or agent of declarant. (Rule 130, Sec. 33)
the party may be given in evidence against his co-
partner or agent provided that the following Exception: The declaration made subsequent to
requisites are present: the transfer of the property shall be admissible:
1. That the partnership or agency be 1. Where the declaration was made in the
previously proven by evidence other than presence of the transferee and he
the admission itself. acquiesces in the statements or asserts
2. The act or declaration refers to a matter no rights where he ought to speak. (Rule
within the scope of his authority or the 130, Sec. 33)
partner or agent was authorized by the 2. Where the evidence establishes a
party to make a statement concerning the continuing conspiracy to defraud which
subject conspiracy exists between the vendor and
3. The act or declaration was made during the vendee. (Rule 130, Sec. 31)
the existence of the partnership or
agency. (Rule 130, Sec. 30) NOTE: The act of a predecessor is not binding on
the successor if the acts/declarations made by the
NOTE: The same rule applies to the act or predecessor acknowledging ownership or offering
declaration of a joint owner, joint debtor, or other to purchase the property from a third party were
person jointly interested with the party. made before the predecessor held title to the land.
1. There exists a joint interest between the (City of Manila v. Del Rosario, G.R. No. 1284,
joint owner, joint debtor, or other person 1905)
jointly interested with the party;
2. The existence of the joint interest must Q: What is admission by silence?
first be made to appear by evidence other A: An act or declaration made in the presence and
than the act or declaration itself; within the hearing or observation of a party who
3. The act or declaration was made while the does or says nothing when the act or declaration
interest was subsisting; and is such as naturally to call for action or comment if
4. The act relates to the subject matter of the not true, and when proper and possible for him to
joint interest (Rule 130, Sec. 30) do so, may be given in evidence against him or
her. (Rule 130, Sec. 33)
Q: What is the rule on admission by a
conspirator? Q: Is admission by silence applicable in
A: The act or declaration of a conspirator may be criminal cases?
given in evidence against the co-conspirator A: Yes. The rule allowing silence of a person to be
provided the following requisites are present: taken as an implied admission of the truth of the
1. That the conspiracy be first proved by statements uttered in his presence is applicable in
evidence other than the act or declaration criminal cases. (People v. Paragsa, G.R. No. L-
itself. 44060, 1978)
2. That the act or declaration was in
furtherance of the conspiracy. Q: What must be shown in order for admission
3. That the act or declaration was made by privies to be admissible?
during the existence of the conspiracy. A: It must appear that:
(Rule 130, Sec. 31) 1. He heard and understood the statement;
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2. He was at liberty to interpose a denial; transposed into a judicial admission or confession.

3. The statement was in respect to some (People v. Buntag, G.R. No. 123070, 2004)
matter affecting his rights or in which he
was then interested, and calling, naturally, Q: What is the rule on admissibility of
for an answer; extrajudicial confessions?
4. The facts were within his knowledge; and A: To be admissible, it is necessary that:
5. The fact admitted or the inference to be 1. The confession must involve an express
drawn from his silence would be material and categorical acknowledgement of guilt.
to the issue. (People v. Paragsa, G.R. No. 2. The facts admitted must be constitutive of
L-44060, 1978) a criminal offense.
3. The confession must have been given
Q: Distinguish an admission from confession. voluntarily.
A: 4. The confession must have been
intelligently made, the accused realizing
ADMISSION CONFESSION
the importance or legal significance of his
act.
A statement of fact Involves an 5. There must have been no violation of
which does not involve acknowledgement of Section 12, Art. III of the 1987
an acknowledgement guilt or liability Constitution. (People v. Muleta, G.R. No.
of guilt or liability 130189, 1999)
May be express or Must be express NOTE the guidelines in confessions in custodial
tacit investigations and interrogations.
May be made by third Can be made only by Q: Are extra-judicial confessions binding
persons and, in certain the party himself and, against a co-accused?
cases, are admissible in some instances, are A: The extrajudicial confession of an accused is
against a party (see admissible against his binding only upon himself and is not admissible
Rule 130, Sec. 40, on co-accused (e.g., against his co-accused. (People v. Lising, G.R.
declarations against interlocking No. 106210-11, 1998)
interest) confessions)
Q: When are extra-judicial confessions binding
In a confession, there is an acknowledgment of against a co-accused?
guilt. On the other hand, the term admission is A:
usually applied in criminal cases to statements of 1. If the co-accused impliedly acquiesced in
fact by the accused which do not directly involve or adopted the confession by not
an acknowledgment of his guilt or of the criminal questioning its truthfulness, as where it
intent to commit the offense charged. The rights of was made in his presence and he did not
an accused are not confined to the period prior to remonstrate against his being implicated
the filing of an information but are available at that by it; (waiver) ((People v. Raquel, G.R.
stage when a person is under investigation for the No. 119005, December 2, 1996; People v.
commission of an offense. Amajul, G.R. Nos. 14626-27, February 28,
1961)
These rights are available to a person at any time 2. If the co-accused persons voluntarily and
before arraignment whenever he is investigated independently executed identical
for the commission of an offense. (People v. confessions without conclusions;
Maqueda, G.R. No. 112983, 1995) Confessions corroborated by other
evidence and without contradiction by the
Q: When is an extrajudicial admission or co-accused who was present
confession transposed into a judicial (INTERLOCKING CONFESSIONS)
admission or confession? 3. Where the co-accused admitted the facts
A: Where an extrajudicial admission or confession stated by the confessant after being
is repeated during trial and the other accused is apprised of such confession;
accorded the opportunity to cross-examine the 4. If the confession is used only as a
admitter, such admission or confession is corroborating evidence against the other
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co-accused charged as co-conspirators; NOTE: Rule 130, Sec. 35 is the second branch of
5. Where the confession is used as the res inter alios acta rule and applies to both civil
circumstantial evidence to show the and criminal cases. This is also known as
probability of participation by the co- “propensity evidence”.
conspirator;
6. Where the co-conspirator used as Q: What is the criteria for introduction of habit
circumstantial evidence corroborated by evidence or pattern of conduct?
other evidence of record. (People v. A:
Lising, G.R. No. 106210-11, 1998) 1. Adequacy of sampling
2. Uniformity of response
Q: What is the doctrine of interlocking
confessions? NOTE: After all, habit means a course of behavior
A: The rule that an extrajudicial statement is of a person regularly represented in like
evidence only against the person making it, also circumstances. It is only when examples offered to
recognizes various exceptions. One such establish pattern of conduct or habit are numerous
exception worth noting is the rule that where enough to lose an inference of systematic conduct
several extrajudicial statements had been (i) made that examples are admissible. (Boston Bank v.
by several persons charged with an offense and Manalo, G.R. No. 158149, February 9, 2006)
(ii) there could have been no collusion with
reference to said several confessions, (iii) the facts Q: What is character evidence?
that the statements are in all material respects A: Character is defined to be the possession by a
identical, is confirmatory of the confession of the person of certain qualities of mind and morals,
co-defendants and is admissible against other distinguishing him from others. It is the opinion
persons implicated therein. generally entertained of a person derived from the
common report of the people who are acquainted
They are also admissible as circumstantial with him; his reputation. (Francisco, p. 213 citing
evidence against the person implicated therein to People v. Lee, 382 SCRA 596, 2002)
show the probability of the latter’s actual
participation in the commission of the crime and NOTE: Please study the rules on admissibility of
may likewise serve as corroborative evidence if it character evidence under Rule 139, Sec. 54
is clear from other facts and circumstances that
other persons had participated in the perpetration Q: What are the Similar Acts Rule in special
of the crime charged and proved. (People v. laws?
Lising, G.R. Nos. 106210-11, 1998). A:
1) RAPE SHIELD (SEC. 6, R.A. No. 8505): In
Q: What is the rule on similar acts as evidence? prosecutions for rape, evidence of the
A: complainant’s past sexual conduct, opinion
General Rule: Evidence that one did or did not do thereof, or of his/her reputation shall not be
a certain thing at one time is not admissible to admitted:
prove that he did or did not do the same or similar
thing at another time. (Rule 130, Sec. 35) Exception: Unless, and only to the extent that the
court finds, that such evidence is relevant and
Exceptions: Similar acts may be received as material to the case.
evidence to prove. (SIPPS-HCU)
1. A Specific intent or knowledge 2) RULE ON EXAMINATION OF CHILD
2. Identity WITNESSES (Sec. 30): The following evidence is
3. Plan not admissible in any criminal proceeding involving
4. System alleged sexual child abuse:
5. Scheme a) Evidence offered to prove that the alleged
6. Habit victim engaged in other sexual behavior;
7. Custom and
8. Usage; and b) Evidence offered to prove the sexual
9. The like. predisposition of the alleged victim
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Exception: Evidence of specific instances of 6. An unaccepted offer of plea of guilty to a

sexual behavior by the alleged victim to prove that lesser offense;
a person, other than the accused, was the source 7. Those covered by Katarungang
of the semen, injury, or other physical evidence. Pambarangay Law;
(This is admissible.) 8. B.P. 22 cases;
9. Any statement made in the course of plea
Q: What is the Rule on Compromises in civil bargaining with the prosecution, which
cases? does not result in a plea of guilty or which
A: results in a plea of guilty later withdrawn.
General Rule: An offer of compromise is not an
admission of any liability and is NOT admissible in Q: What is the good Samaritan doctrine?
evidence against the offeror. A: An offer to pay or the payment of medical,
hospital or other expenses occasioned by an injury
Exception: When such offer is clearly not only to is not admissible in evidence as proof of civil or
buy peace but amounts to an admission of liability, criminal liability for the injury.
the offered compromise being directed only to the
amount paid (El Varadero de Manila v. Insular The offer of compromise which naturally, under the
Lumber, G.R. No. 21911, September 15, 1924). general rules of evidence, must be excluded,
except that as the amounts named in the offers to
Rule on Compromise Negotiations: accept certain sums in settlement appear to have
Neither is evidence of conduct nor statements been arrived at as a fair estimate of value, they are
made in compromise negotiations admissible. relevant. (El Veradero v. Insular, G.R. No. 21911,
1924)
Exception:
1. Evidence otherwise discoverable; Q: What is Hearsay?
2. Offered for another purpose, such as A: A statement other than one made by the
proving bias or prejudice of a witness, declarant while testifying at a trial or hearing,
negativing a contention of undue delay or offered to prove the truth of the facts asserted
proving an effort to obstruct a criminal therein.
investigation or prosecution. (Rule 130,
sec. 28) A statement is:
1. An oral or written assertion or
Q: What is the rule on compromises in criminal 2. A non-verbal conduct of a person, if it is
cases? intended by him or her as an assertion
A: (Rule 130, Sec. 37)
General Rule: an offer of compromise by the
accused may be received in evidence as an Hearsay evidence is inadmissible except as
implied admission of guilt. otherwise provided in these Rules.
Exceptions: NOTE: The statement must be offered to prove the

1. Plea of guilty later withdrawn; truth of the matter asserted (TOMA) to be covered
2. Tax cases – payment of any internal by the hearsay rule. (Rule 130, Sec. 37)
revenue tax may be compromised, and all
criminal violations may likewise be Q: What are the elements of hearsay?
compromised (Sec. 204, NIRC) A:
1. There must be an out-of-court statement,
EXC: Those already filed in court & those whether oral or written, or a conduct
involving fraud intended as an assertion, and
3. Offer to pay or the payment of medical, 2. The statement made out of court is
hospital, or other expenses occasioned by repeated and offered by the witness to
an injury prove the truth of the matters asserted in
4. Those involving quasi-offenses or criminal the statement.
negligence; (Rule 130, Sec. 28)
5. Those allowed by law to be compromised; Q: When is a statement not hearsay? (NON-
(Rule 130, Sec. 28) HEARSAY STATEMENTS)
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A: A statement is NOT hearsay if the declarant c. A person in whose behalf a case is

testifies at the trial or hearing and is subject to prosecuted
cross-examination concerning the statement, and → TESTIFIES on a matter of fact
the statement is: occurring before the death of the
1. Inconsistent with the declarant’s deceased or before the person became
testimony and was given under oath of unsound mind,
subject to the penalty of perjury at a trial, 4. Any statement of the deceased or the person
hearing or other proceeding, or in a of unsound mind, may be received in
deposition evidence if:
2. Consistent with the declarant’s testimony a. The statement was made upon the
and is offered to rebut an express or personal knowledge of the
implied charge against the declarant of deceased or person of unsound mind
recent fabrication or improper influence or b. At a time when the matter had been
motive; or recently perceived by him or her and
3. One of identification of a person made c. While his or her recollection was
after perceiving him or her (Rule 130, Sec. clear.
37)
Such statement, however, may be inadmissible if
Q: What are the exceptions to the hearsay made under circumstances indicating its lack of
rule? TRUSTWORTHINESS (Rule 130, Sec. 39).
A:
1. Dying declarations; NOTE: The previous version of this provision was
2. Statement of decedent or person of the former Rule 130, Sec. 23 on disqualifications
unsound mind; by reason of death or insanity of adverse party
3. Declaration against interest; (Dead man’s rule)
4. Act or declaration about pedigree;
5. Family reputation or tradition regarding The former Dead Man’s rule has now been
pedigree; superseded.
6. Common reputation;
7. Part of res gestae; The former Dead Man’s rule prohibited the
8. Records of regularly conducted business survivor from testifying against the deceased or
activity; person of unsound mind; the Dead Man’s Statute
9. Entries in official records; put the two parties on equal footing: Where death
10. Commercial lists and the like; has sealed the lips of the dead, the law seals the
11. Learned treatises; lips of the living.
12. Testimony or deposition at a former
proceeding; BUT now, a party, a party’s assignor or a person
13. Residual exception (Rule 130, Secs. 38- in whose behalf a case is being prosecuted in an
50) action demanding or claiming against the
executor, administrator or other representative of
Q: What is the rule on the statement of the deceased or the person of unsound mind, can
decedent or person of unsound mind? now TESTIFY on a matter of fact occurring before
A: the death of the deceased or before the person
1. In an action: became of unsound mind.
a. Against an executor or
administrator or other representative Q: Distinguish Declarations Against Interest
of a deceased person or and Admissions.
b. Against a person of unsound mind A:
2. Upon a claim or demand against the estate
of such deceased person or against such
person of unsound mind,
3. Where a:
a. Party or
b. Assignor of a party or
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Q: Distinguish Act or declaration about

DECLARATIONS
pedigree (Sec. 41) and Family reputation or
AGAINST INTEREST ADMISSIONS
tradition regarding pedigree (Sec. 42).
(Rule 130, Sec. 40)
A:
Exception to the Admissions of a party
hearsay rule; are NOT covered by SECTION 41 SECTION 42
admissible the Hearsay Rule (see
Estrada v. Desierto) Act or declaration Family reputation or
about pedigree tradition regarding
Secondary evidence; Primary evidence; pedigree
admissible only if the admissible even if the
declarant is dead or declarant is available Actor/Declarant is The witness testifies
unable to testify as a witness deceased or unable to as to the reputation or
testify tradition regarding
The fact asserted in A party’s admission pedigree within the
the declaration must need not have been family (the
have been at the time made against his actors/declarants may
it was made so far interest at the time it be dead or alive).
contrary to the was made.
declarant’s own Witness need not be a Witness is a member
interest that a member of the family of the family
reasonable man in his
position would not Relation of the The witness himself is
have made that actor/declarant and the one to whom the
declaration unless he the person subject of fact relates; it is not
believed it to be true the inquiry must be necessary for him to
established by establish by
NOT necessary that The declarant or independent evidence independent evidence
the person declarant someone identified in his relationship to his
be a party to the interest is a party to family
action; it is admissible the action
in an action where his
Q: What is the rule on res gestae?
declaration is relevant
A: Statements made by a person while a startling
May be admitted Used only against the occurrence is taking place or immediately prior or
against himself or his party admitting and subsequent thereto, under the stress of
successor-in-interest those identified with excitement caused by the occurrence with respect
and against 3rd him in legal interest to the circumstances thereof, may be given in
persons evidence as part of the res gestae. So, also,
statements accompanying an equivocal act
The declarant must be An admission is made material to the issue, and giving it a legal
first accounted for as by the party himself, significance, may be received as part of the res
dead, absent from the primary evidence and gestae (Rule 130, Sec. 44)
jurisdiction, or competent though he
otherwise unavailable is present in court and Q: What are the 2 types of res gestae
as a witness ready to testify utterances?
A:
Declarations against May be made at any 1) Spontaneous Statements
interests must have time, before or during Requisites:
been made ante litem the trial a. There must be a startling occurrence;
motam (before the b. The statement must be made before the
controversy) declarant had the time to contrive or
devise a falsehood, and
c. The statement must concern the
occurrence in question and its immediate
attending circumstances. (People v.
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Estibal, G.R. No. 208749, 2014)

RES GESTAE DYING
DECLARATION
2) Verbal Acts – utterances which accompany
some equivocal act or conduct to which it is
The rule of res gestae The trustworthiness
desired to give a legal effect.
has its justification in of a dying declaration
Requisites:
the spontaneity of the is based upon its
a. Act or occurrence characterized must be
statement (Regalado, being given under the
equivocal;
2008 ed.) awareness of
b. Verbal acts must characterize or explain
impending death
the equivocal act;
(Regalado, 2008 ed.)
c. Equivocal act must be relevant to the
issue; and It may precede, Confined to matters
d. Verbal acts must be contemporaneous accompany or follow surrounding or
with equivocal act (Talidano v. Falcom, the events occurring as occurring after the
G.R. No. 172031, 2008) a part of the principal homicidal act (People
act (People v. Peralta, v. Peralta, G.R. No.
Q: Distinguish spontaneous statements and G.R. No. 94570, 1994) 94570, 1994)
verbal acts.
A:
Q: What is the rule on residual exception?
SPONTANEOUS VERBAL ACTS A: A statement not specifically covered by any of
STATEMENTS the foregoing exceptions, having equivalent
circumstantial guarantees of trustworthiness,
Res gestae is the Res gestae is the
is admissible if the court determines that:
startling occurrence equivocal act
a. The statement is offered as evidence of a
material fact;
Statement may be Statement must be
b. The statement is more probative on the
made prior, or contemporaneous
point for which it is offered than any other
immediately after, the with or must
evidence which the proponent can
startling occurrence accompany the
procure through reasonable efforts; and
equivocal act
c. The general purposes of these rules and
(Riano) the interests of justice will be best served
by admission of the statement into
Q: Distinguish Res Gestae and Dying evidence.
Declaration.
A: However, a statement may not be admitted under
this exception unless the proponent makes known
RES GESTAE DYING
to the adverse party, sufficiently in advance of the
DECLARATION
hearing, or by the pre-trial stage in the case of a
trial of a main case, to provide the adverse party
It is the event itself A sense of impending
with fair opportunity to prepare to meet it, the
which is speaking death takes the place
proponent’s intention to offer the statement and
through the witness of an oath and the law
the particulars of it, including the name and
(People v. Peralta, regards the declarant
address of the declarant. (Rule 130, Sec. 50)
G.R. No. 94570, 1994) as testifying (People
v. Peralta, G.R. No.
Q: What is the Doctrine of Independently
94570, 1994)
Relevant Statements?
A statement as part of Made only by the A: Where the statements or writings attributed to a
the res gestae may be victim (Regalado, person who is not on the witness stand are being
that of the killer himself 2008 ed.) offered not to prove the truth of the facts stated
during or after the therein but only to prove that those statements
killing or that of a third were actually made, or those writings were
person (Regalado, executed, such evidence is not covered by the
2008 ed.) hearsay evidence rule. The witness who testifies
thereto is competent because he heard the same
or saw the execution of the document, as these
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are matters of fact derived from his own perception Q: What is the weight or probative value of
and the purpose is only to prove either that the expert testimony?
statement was made or the tenor thereof. A: The court is not bound by the opinion of an
(Regalado citing People v. Cusi, G.R. No. L- expert such as a handwriting expert. Expert
20986, 1965; Cornejo, Sr. v. Sandiganbayan, G.R. opinion evidence is to be considered or weighed
No. 58831, 1987; Sebastian, Sr. v. Garchitorena. by the court, like any other testimony, in light of its
et al., G.R. No. 114026, 2000) own general knowledge and experience upon the
subject of inquiry. (Dizon v Tuazon, G.R. No.
The doctrine on independently relevant 172167, 2008)
statements states that conversations
communicated to a witness by a third person may NOTE: Please review the guidelines that may be
be admitted as proof that, regardless of their truth used to determine the weight to be given to opinion
or falsity, they were actually made. Evidence as to of expert witness under Rule 133, Sec. 5.
the making of such statements is not secondary
but primary, for in itself it (a) constitutes a fact in Q: When may the opinion of an ordinary
issue or (b) is circumstantially relevant to the witness for which proper basis is given be
existence of such fact. (Republic v. Heirs of received in evidence? (LAY OPINION)
Alejaga, G.R. No. 146030, 2002) A:
1. The identity of a person about whom he
Q: What are the two classes of Independently has adequate knowledge
Relevant Statements? 2. A handwriting with which he has sufficient
A: familiarity; and
1. Those statements which are the very facts in 3. The mental sanity of a person with whom
issue. he is sufficiently acquainted.
2. Those statements which are circumstantial
evidence of the facts in issue. The witness may also testify on his impressions of
the emotion, behavior, condition or appearance of
Examples: a person. (Rule 130, Sec. 53)
• Statement of a person showing his state
of mind; Q: Is the testimony of a handwriting expert
• Statement of a person showing his mandatory?
physical condition; A: No. Handwriting experts, while probably useful,
• Statement of a person to infer a state of are not indispensable in examining or comparing
mind of another person; handwriting. This is so since under Section 22,
• Statements which may identify the date, Rule 132, the handwriting of a person may be
place and person in question; proved by any witness who believes it to be the
• Statements to show a lack of credibility of handwriting of such person, because he has seen
a witness. (Estrada v. Desierto, G.R. Nos. the person write, or has seen writing purporting to
146710-15, 2001) be his upon which the witness has acted or been
charged, and has thus acquired knowledge of the
Q: Are opinions admissible in evidence? handwriting of such person. The said section
A: The opinion of a witness is not admissible. further provides that evidence respecting the
handwriting may also be given by a comparison,
Exceptions: made by the witness or the court, with writings
1. Opinion of expert witness (Rule 130, admitted or treated as genuine by the party against
Section 52) whom the evidence is offered or proved to be
2. Opinion of ordinary witness (Rule 130, genuine to the satisfaction of the judge. (People v.
Section 53) Godoy, G.R. Nos. 115908-09, December 6, 1995)
Q: What are the rules on expert witnesses? Q: When can character evidence be admitted?
A: The opinion of a witness on a matter requiring A: The general rule is character is not admissible
special knowledge, skill, experience or training in for the purpose of proving action in conformity
which he shown to possess, may be received in therewith on a particular occasion. (Rule 30,
evidence. (Rule 130, Sec. 52) Section 54).
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EXC: Character evidence may only be admissible (2) CIVIL CASES

in evidence in: Evidence of the moral character of a party in a civil
case is admissible only when pertinent to the issue
(1) CRIMINAL CASES of character involved in the case. (Rule 130, Sec.
a. As to the character of the accused – 54[b])
i. The accused may prove his or her
good moral character, which is General Rule: The moral character of a party to a
pertinent to the moral trait civil case is not a proper subject of inquiry.
involved in the offense charged.
(Rule 130, Sec. 54[a][2]). Exception: In cases where, because of the nature
of the action, the character of a party becomes a
For example, the accused in a matter in issue.
murder case may present
evidence that he has a reputation (3) CRIMINAL AND CIVIL CASES
for being a peaceful person. Evidence of the good character of a witness is not
admissible until such character has been
ii. The prosecution may not prove impeached. (Rule 130, Sec. 54[c])
his or her bad moral character
pertinent to the moral trait In all cases in which evidence of character or trait
involved in the offense charged, of character of a person is admissible, proof may
unless on rebuttal. (Rule 130, be made by testimony as to reputation or by
Sec. 54[a][2]) testimony in the form of an opinion. On cross-
examination, inquiry is allowable into relevant
In rebuttal, the prosecution may specific instances of conduct. (Rule 130, Sec. 54,
present evidence that the second par.)
accused has a reputation for
being a quarrelsome person. In cases in which character or trait of character of
a person is an essential element of a charge, claim
b. As to the Character of the Offended or defense, proof may also be made of specific
Party instances of that person’s conduct (Rule 130, Sec.
The character of the offended party may 54, third par.)
be proved if it tends to establish in any
reasonable degree the probability or Q: What is the reckoning period for the
improbability of the offense charged. (Rule determination of the character of the person?
130, Sec. 54[a][1]) A: Settled is the principle that evidence of one’s
character or reputation must be confined to a time
For example, in a murder case, the not too remote from the time in question. In other
accused, invoking self-defense, can words, what is to be determined is the character or
present evidence that the offended party reputation of the person at the time of the trial and
(the victim) was of a quarrelsome prior thereto, but NOT at a period remote from the
disposition. commencement of the suit. (CSC v. Belagan, G.R.
No. 132164, 2004)
Sexual abuse shield rule in child sexual abuse
cases Q: When may a witness be excluded and
The following evidence, however is not admissible separated?
in any criminal proceeding involving alleged child A: The court, motu proprio or upon motion, shall
sexual abuse under the “sexual abuse shield” rule: order witnesses excluded so that they cannot hear
1. Evidence to prove that the alleged victim the testimony of other witnesses.
engaged in other sexual behavior; and
2. Evidence offered to prove the sexual EXCEPT: This rule does not authorize exclusion
predisposition of the alleged victim (Riano, of:
p. 367 citing Sec. 30 of the Rule on 1. A party who is a natural person;
Examination of a Child Witness) 2. A duly designated representative of a
juridical entity which is a party to the case;
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3. A person whose presene is essential to accused. (People v. Vivencio De Roxas et al.,

the presentation of the party’s cause; or G.R. No. L-16947, 1962)
4. A person authorized by a s tatute to be 4. Evidence which have not been formally
present. (Rule 132, Sec. 15) offered, but 1) have been duly identified by
testimony duly recorded, and 2) have been
NOTE: The court may also cause witnesses to be incorporated to the records of the case.
kept a.) separate; and b.) prevented from (Guyamin v. Flores, G.R. No. 202189, April 25,
conversing with one another, directly or through 2017)
intermediaries, until all shall have been examined.
(Rule 132, Sec. 15) Q: When to make an offer?
A:
Q: When does the Judicial Affidavit Rule apply
in criminal cases?
TESTIMONIAL DOCUMENTARY
A:
EVIDENCE AND OBJECT
1. Where the maximum of the imposable
EVIDENCE
penalty does not exceed six years.
2. Where the accused agrees to the use of
The offer must be It shall be offered after
judicial affidavits, irrespective of the
made at the time the the presentation of a
penalty involved; or
witness is called to party’s testimonial
3. With respect to the civil aspect of the
testify. (Rule 132, Sec. evidence. (Rule 132,
actions, whatever the penalties involved.
35) Sec. 35)
(Judicial Affidavit Rule, Sec. 9)
Q: What is the legal significance of a judicial NOTE: The Rules of Court now mandate that all
affidavit under the Judicial Affidavit Rule? evidence be offered orally. (Rule 132, Sec. 35)
A: The judicial affidavits shall take the place of the
witnesses’ direct testimonies. (Judicial Affidavit Q: What are the rules on objections in relation
Rule, Sec. 2(1)) to the type of evidence offered?
A:
Q: May a court allow the late submission of a
judicial affidavit?
WHEN OFFERED WHEN IT MAY BE
A: Yes. Generally, a party who fails to submit the
OBJECTED TO
required judicial affidavits and exhibits on time
shall be deemed to have waived their submission. OBJECT EVIDENCE
The court may, however, allow only once the late
submission of the same provided, the delay is for When the same is Should be made either
a valid reason, would not unduly prejudice the presented for its view at the time it is
opposing party, and the defaulting party pays a or evaluation, as in presented in an ocular
fine of not less than P 1,000 nor more than P 5,000 ocular inspection or inspection or
at the discretion of the court. (Sec. 10, A.M. No. demonstrations, or demonstration or when
12-8-8-SC). when the party rests his it is formally offered
case (after the
F. OFFER AND OBJECTION presentation of a
party’s testimonial
Q: What are the exceptions to the formal offer evidence [Rule 132,
rule? Sec. 35]) and the real
A: evidence consists of
1. The same must have been duly identified by objects exhibited in
testimony duly recorded, and court.
2. The same must have been incorporated in the
records of the case. (People v Libnao, G.R.
No. 13860, 2003)
3. Exhibits which were not formally offered by the
prosecution but were repeatedly referred to in
the course of the trial by the counsel of the
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Q: What are the exceptions on the rule on

WHEN OFFERED WHEN IT MAY BE
striking out an answer?
OBJECTED TO
A: A motion to strike out the answer is available as
a remedy where:
TESTIMONIAL EVIDENCE
1. Where a witness answers a question
When witness is called As to the qualification before the adverse party had the
to the witness stand, of the witness – should opportunity to voice fully its objection to
before he/she testifies be made at the time he the same
is called to the stand 2. Where a question not objectionable, but
and immediately after the answer is not responsive
the opposing party 3. Where a witness testifies without a
offers his/her question being posed
testimony. 4. Where witness testifies beyond limits set
by the court
If otherwise qualified - 5. Where the witness does a narration
objection should be instead of answering the question (Rule
raised when grounds 132, Sec. 39)
therefor become
reasonably apparent or Q: What is tender of excluded evidence?
after the answer is A: Where the court refuses to permit the counsel
given if the to present evidence which he thinks is competent,
objectionable features material and necessary to prove his case, the
became apparent by method to properly preserve the record to the end
reason of such answer. that the question may be saved for the purpose of
review during appeal, is through the making of an
DOCUMENTARY EVIDENCE offer of proof. (Jose Catacutan v. People, G.R. No.
175991, August 31, 2011)
Formally offered by the At the time it is formally
proponent after the offered. (Francisco, Q: What is the rule on Tender of Excluded
presentation of his/her supra) Evidence?
last witness and before A:
he rests his case. 1. If the excluded evidence is
(Francisco, supra) documentary or object - the offeror may
have the same attached to or made part of
the record. (Rule 132, Sec. 40)
NOTES: 2. If the evidence excluded is oral – the
1. An objection to evidence cannot be made offeror may state for the record the name
in advance of the offer of the evidence and other personal circumstances of the
sought to be introduced. witness and the substance of the
2. Objection to evidence cannot be raised for proposed testimony. (Rule 132, Sec. 40)
the first time on appeal. (People v. Jimmy
Gabuya y Adlawan, G.R. No. 195245,
February 16, 2015)
Q: What is the rule on repetition of objection?

A: When it becomes reasonably apparent in the
course of the examination of a witness that the
questions being propounded are of the same class
as those to which objection has been made,
whether such objection was sustained or
overruled, it shall not be necessary to repeat the
objection, it being sufficient for the adverse party
to record his/her continuing objection to such class
of question. (Rule 132, Sec. 37)
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7. SPECIAL CIVIL ACTIONS public respondent’s evaluation of the evidence and

factual findings based thereon (RIANO, 2019, pp.
A. EXPROPRIATION 648 – 649, citing Francisco v. Loyola Plans, Inc.
G.R. No. 194134, 2016 and Almargo v. PAL, G.R.
Q: What is expropriation? No. 204803, 2018).
A: It is a process by which the power of eminent
domain is carried out; taking as of private owned Q: What is the purpose of certiorari?
property, by government under eminent domain A: That the judgment, order, or resolution subject
(Barangay Sindalan v. CA, G.R. No. 150640, of the petition for certiorari be annulled or
2007). modified (Rule 65, Sec. 1).
Q: What are the two stages in an action for Q: What are the requisites of a valid Certiorari?
Expropriation? A:
A: 1. Tribunal, board, or officer exercises
Stage 1: Determination of the plaintiff’s authority to judicial or quasi-judicial functions;
exercise the power of eminent domain and the 2. Tribunal, board, or officer has acted
propriety of its exercise in the context of the facts without or in excess of jurisdiction or
involved in the suit. with grave abuse of discretion; and
3. There is no appeal or any plain, speedy,
Stage 2: Determination by the court of the just and adequate remedy in the ordinary
compensation for the property sought to be taken course of law (Rule 65, Sec. 1).
(Suguitan v. City of Mandaluyong, 123 SCRA 73,
2000). Q: What are the grounds?
A: That the public respondent acted either with:
Q: What is the scope of expropriation? 1. Lack of jurisdiction
A: Expropriation is not limited to the acquisition of 2. Excess of jurisdiction
real property with a corresponding transfer of title 3. Grave abuse of discretion amounting to
or possession. The right-of-way easement lack or excess of jurisdiction (Rule 65,
resulting in a restriction or limitation on property Sec.1)
rights over the land traversed by transmission lines
also falls within the ambit of the term Q: Is a motion for reconsideration required
“expropriation” (National Power Corporation vs. before filing a petition for certiorari?
Vda. De Capin, G.R. No. 175176, 2008). A:
General Rule: Yes, the settled rule is that a
motion for reconsideration is a condition sine qua
B. CERTIORARI non for the filing of a petition for certiorari. Its
purpose is to grant an opportunity for the court to
Q: What is a writ of certiorari?
correct any actual or perceived error attributed to
A: A writ directed against any tribunal, board, or it.
officer exercising judicial or quasi-judicial
functions, to annul or nullify a proceeding because Exceptions: (When MR not required)
the entity or person either acted without/in excess 1. Where the order is a patent nullity, as
of jurisdiction, or with grave abuse of discretion where the court a quo has no jurisdiction
amounting to lack or excess of jurisdiction, by a
2. Questions raised have been raised and
person who has no appeal, nor any plain, speedy,
passed upon by the lower court or are the
and adequate remedy in the ordinary course of law same as those raised and passed upon in
(Rule 65, Sec. 1). the lower court
3. Urgent necessity for the resolution of the
Q: What is the nature of certiorari? question and any further delay would
A: A petition for certiorari is a special civil prejudice the interests of the government
action/original action and not a mode of appeal. or the petitioner or the subject matter of
the action is perishable
The sole office of a certiorari is the correction of 4. A motion for reconsideration would be
errors of jurisdiction, including the commission of
useless
grave abuse of discretion amounting to lack of 5. Petitioner was deprived of due process
jurisdiction and does not include correction of
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and there is extreme urgency for relief Reterta v. Sps. Lorenzo Mores, G.R. No. 159941,
6. In a criminal case, relief from an order of 2011).
arrest is urgent and the granting of such
relief by the trial court is improbable Q: Is certiorari the proper remedy for assailing
7. The proceedings in the lower court are a an order DENYING a motion to dismiss?
nullity for lack of due process A: As a rule, the denial of a motion to dismiss is
8. The proceedings was ex parte or in which not appealable since it is merely an interlocutory
the petitioner had no opportunity to object order. However, if the denial is issued without
9. Issue raised is purely of law or where jurisdiction, or with excess of jurisdiction, or in
public interest is involved grave abuse of discretion amounting to lack of
10. Judicial intervention is urgent excess of jurisdiction, it may be the subject of
11. Its application may cause great and R65 Certiorari (Banez v. Concepcion, G.R. No.
irreparable damage 159508, 2012). (Also, the proper remedy,
12. Failure of a high government official from technically, is prohibition)
whom relief is sought to act on the matter
13. The issue of non-exhaustion of The remedy against an interlocutory order not
administrative remedies has been subject of an appeal is an appropriate special civil
rendered moot action under Rule 65, provided that the
14. Special circumstances warrant immediate interlocutory order is rendered without or in excess
and more direct action (Republic v. Bayao, of jurisdiction or with grave abuse of discretion
G.R. No. 179492, 2013). (Aranas v. Mercado, G.R. No. 156407, 2014).
Q: Is a motion for reconsideration still required C. PROHIBITION

before a petition for certiorari may be instituted
even if it is prohibited by the agency? Q: What is a writ of prohibition?
A: Yes. While a government agency may prohibit A: A writ directed against any tribunal, board, or
altogether the filing of a motion for reconsideration officer exercising judicial or quasi-judicial or
with respect to its decisions, the fact remains that ministerial functions, to desist from further
certiorari requires the filing of a motion for proceeding in the action or matter specified
reconsideration, which is the tangible because the entity or person either acted
representation of the opportunity given to the office without/in excess of jurisdiction, or with grave
to correct itself. abuse of discretion amounting to lack or excess of
jurisdiction, by a person who has no appeal, nor
Thus, regardless of the proscription against the any plain, speedy, and adequate remedy in the
filing of the motion for reconsideration, it may be ordinary course of law (Rule 65, Sec. 2).
filed on the assumption that rectification of the
decision or order must be obtained, and before a Q: What are the requisites of a valid
petition for certiorari may be instituted (Philtranco prohibition?
Service Enterprises v. Philtranco Service Union, A:
G.R. No. 180962, 2014). 1. There must be a controversy
2. Respondent is exercising judicial, quasi-
Q: Is certiorari the proper remedy for assailing judicial, or ministerial functions;
an order GRANTING a motion to dismiss? 3. Respondent acted without or in excess
A: No. The proper remedy is to file an appeal. of jurisdiction, or acted with grave
abuse of discretion; and
X filed an action for quieting of title. Y filed a motion 4. There must be no appeal or other plain,
to dismiss. The RTC granted the said motion. X speedy, and adequate remedy (Rule 65,
filed a motion for reconsideration, but the RTC Sec. 2).
denied the same. X assailed the dismissal via
petition for certiorari. The Court held that the order Q: What is the purpose of prohibition?
granting Y’s motion to dismiss was a final and not A: The office of the writ of prohibition is to
an interlocutory order, against which the proper command a tribunal or board to desist from
remedy was an appeal. Certiorari is not a committing an act threatened to be done without
substitute for appeal (Heirs of Sps. Teofilo M. jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction.
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Consequently, the writ will not lie to enjoin acts directed by mandamus to act but not to act in one
already done. (Tolentino v. Commission on way or another. Available to compel action, when
Elections, G.R. No. 148334, 2004) refused, even in matters involving judgment and
discretion, but not to direct the exercise of
Exceptions: In specific cases wherein, the SC judgment in a particular matter.
allowed a writ of prohibition even when the act is
already fait accompli: When there is gross abuse of discretion, manifest
1. Where it would prevent the creation of a injustice, or palpable excess of authority. (Riano,
new province by those in the corridors of 2016 citing Dejuras v. Villa, G.R. No. 173428,
power who could avoid judicial 2010; MA Jimenez Enterprises v. Ombudsman,
intervention and review by merely G.R. No. 155307, 2011).
speedily and stealthily completing the
commission of such illegality (Tan v. E. QUO WARRANTO
Comelec, G.R. No. 73155, 1986).
2. Where it would provide a complete relief Q: What is quo warranto?
by not only preventing what remains to be A: Nature of a quo warranto proceeding:
done but by undoing what has been done, 1. It is a direct, not a collateral attack, on the
such as terminating a preliminary matter assailed.
investigation instead of filing a motion to 2. It is a proceeding against a public officer,
quash (Aurillo v. Rabi, G.R. No. 120014, not in his official capacity, because no
2002). official power or right or duty is sought, but
3. Where the acts sought to be enjoined because the officer’s title to the office is
were performed after the injunction suit is being questioned.
brought (Versoza v. Martinez, G.R. No. 3. It is a proceeding of a public nature filed
119511, 1998). by a prosecuting attorney ex officio such
as by the Solicitor General or fiscal. (But it
D. MANDAMUS is personal in nature as to the person
claiming office.) (Topacio v. Ong, G.R. No.
Q: What is a writ of mandamus? 179895, 2008).
A: A writ directed against any tribunal, corporation,
board, or officer who unlawfully neglects the Q: To whom may the action for quo warranto
performance of an act which the law specifically be filed?
enjoins as a duty resulting from an office, trust, or A: The action is brought against:
station, or unlawfully excludes another from the 1. A person who usurps, intrudes into, or
use or enjoyment of a right or office to which such unlawfully holds or exercises a public
is entitled for it to do the act required to be done to office, position or franchise;
protect the rights of the petitioner and to pay 2. A public officer who does or suffers an act
damages. because the entity or person either which, by the provision of law, constitutes
acted without/in excess of jurisdiction, or with a ground for the forfeiture of his office; or
grave abuse of discretion amounting to lack or 3. An association which acts as a
excess of jurisdiction, by a person who has no corporation within the Philippines without
appeal, nor any plain, speedy, and adequate being legally incorporated or without
remedy in the ordinary course of law (Rule 65, lawful authority so to act (Rule 66, Sec. 1).
Sec. 3).
Q: Is quo warranto a valid remedy to remove an
Q: What are the grounds for mandamus? impeachable officer?
A: The officer had an imperative duty to perform A: Yes. While the Constitution mentions the list of
the act required and the officer unlawfully neglects impeachable officers, the wording of provision
the performance of the duty enjoined by law (Rule implied that impeachment is not the only remedy
65, Sec. 3 & Eng v. Lee, G.R. No. 176831, 2010). for removing said officers. (Republic v. Sereno,
G.R. No. 237428, 2018).
Q: When is mandamus available to a
discretionary duty?
A: Act sought to be performed involves the
exercise of discretion, respondent may only be
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8. SPECIAL PROCEEDINGS
Q: SPECIAL WRITS DISTINGUISHED
HABEAS CORPUS AMPARO HABEAS DATA
ESSENCE The writ of habeas corpus involves the right The writ of Amparo involves the right to life, The writ of habeas data involves the right to
to liberty. It extends to all cases of illegal liberty, and security. privacy in life, liberty, or security.
confinement or detention by which any
person is deprived of his liberty, or by which
the rightful custody of any person is
withheld from the person entitled to.
AVAILABILITY It is a writ directed to the person detaining The writ of Amparo is available to one whose It is a remedy available to those whose right to
another, commanding him to produce the right to life, liberty, and security are violated or privacy in life, liberty, or security is violated or
body of the prisoner at the designated time threatened with violation by an unlawful act or threatened by an unlawful act or omission of a
and place, with the day and cause of his omission of a public official or employee, or of public official or employee, or of a private
capture and detention, to do, submit to, and a private individual or entity. individual or entity engaged in the gathering,
receive whatever the court or judge collecting, or storing of data or information
awarding the writ shall consider in that The writ covers extralegal killings and enforced regarding the person, family, home, and
behalf. disappearances or threats thereof. correspondence of the aggrieved party.
AVAILABLE • Deprivation of liberty; and A violation or threatened violation by an A violation or threatened violation by the right
AGAINST • Withholding of the rightful custody unlawful act or omission of: to privacy in life, liberty, or security by an
of the person • A public official unlawful act or omission of:
• A public employee • A public official
• A private individual or entity • A public employee
• A private individual
Engaged in the gathering, collecting, or storing

of data or information regarding the person,
family, home, and correspondence of the
aggrieved party
COVERAGE All cases of illegal confinement or detention • Extrajudicial killings Gathering, collecting, storing of data or
by which any person is deprived of his • Enforced disappearances information regarding:
liberty • Person
• Family
The rightful custody of any person is • Home
withheld from the person entitled thereto • Correspondence
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WHO MAY FILE Party for whose relief it is intended, or by Aggrieved party, or any qualified person or General Rule: Aggrieved Party
some person on his behalf entity in the following order:
• Any member of the immediate family, Exception: In cases of extralegal killings and
namely: the spouse, children, and enforced disappearances, the petition may be
parents of the aggrieved party filed by:
• Any ascendant, descendant, or
collateral relative of the aggrieved party Any member of the immediate family of the
within the fourth civil degree of aggrieved party, namely, the spouse, children,
consanguinity or affinity, in default of and parents
those mentioned in the preceding
paragraph, or
• Any concerned citizen, organization,
association, or institution, if there is no
known member of the immediate family
or relative of the aggrieved party
VENUE • Regional Trial Court where the • Regional Trial Court of the place where • Regional Trial Court where the
person is detained the threat, act, or omission was petitioner or respondent resides, or
• Sandiganbayan committed or any of its elements that which has jurisdiction over the
• Court of Appeals occurred place where the data or information is
• Supreme Court • Sandiganbayan gathered, collected, or stored, at the
• Or any Justice of the three • Court of Appeals option of the petitioner
preceding courts • Supreme Court • Sandiganbayan
• Or any Justice of the three preceding • Court of Appeals
courts • Supreme Court
• When the actions concern public data
files of government offices
ENFORCEABILITY If issued by the Sandiganbayan, Court of Anywhere in the Philippines Anywhere in the Philippines
Appeals, Supreme Court:
• Anywhere in the Philippines
Issued by the Regional Trial Court:

• Judicial District
WHERE WRIT Issued by the Regional Trial Court or judge Issued by the Regional Trial Court or judge Issued by the Regional Trial Court or judge
RETURNED thereof: thereof: thereof:
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• Before such court or judge • Before such court or judge • Before such court or judge
Issued by the Sandiganbayan, Court of Issued by the Sandiganbayan, Court of Issued by the Sandiganbayan, Court of
Appeals, or any of its justices: Appeals, or any of its justices: Appeals, or any of its justices:
• Before such court or justice thereof • Before such court or justice thereof • Before such court or justice thereof
• Any Regional Trial Court where the • Any Regional Trial Court of the place
threat, act, or omission was committed where the petitioner or respondent
or any of its elements occurred resides, or that which has jurisdiction
over the place where the data or
Issued by the Supreme Court or any of its information is gathered, collected, or
justices: stored
• Before such court or justice thereof
• Before the Court of Appeals or the Issued by the Supreme Court or any of its
Sandiganbayan or any of its justices justices:
• Any Regional Trial Court where the • Before such court or justice thereof
threat, act, or omission was committed • Before the Court of Appeals or the
or any of its elements occurred Sandiganbayan or any of its justices
• Any Regional Trial Court of the place
where the petitioner or respondent
resides, or that which has jurisdiction
over the place where the data or
information is gathered, collected, or
stored
WHEN TO On any day at any time On any day and at any time Only indigent petitioner is exempt form docket
FILE/DOCKET and other lawful fees
FEES Exempt from docket and other lawful fees
CONTENTS OF • Person in whose behalf the application • Personal circumstances of the petitioner • Personal circumstances of the petitioner
PETITION is made is imprisoned or restrained on • Name and personal circumstances of the and respondent
his liberty respondent responsible for the threat, act, • Manner the right to privacy is violated or
• Officer or name of the person by or omission, or, if the name is unknown or threatened and how it affects the right to
whom he is so imprisoned or uncertain, the respondent may be life, liberty, or security of the aggrieved
restrained; or, if both are unknown or described by an assumed appellation party
uncertain, such officer or person may • Right to life, liberty, and security of the • Actions and recourses taken by the
be described by an assumed aggrieved party violated or threatened with petition to secure the data or information
appellation, and the person who is violation by an unlawful act or omission of • Location of the files, registers, or
served with the writ shall be deemed the respondents, and how such threat or databases, the government office, and the
the person intended violation is committed with the attendant
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circumstances detailed in supporting person in charge, in possession, or in

affidavits control of the data or information if known
• Investigation conducted, if any, specifying • Reliefs prayed for, which may include the
the names, personal circumstances, and updating, rectification, suppression, or
addresses of the investigating authority or destruction of the database or information
individuals, as well as the manner and or files kept by the respondent
conduct of the investigation, together with • In cases of threats, the relief may include
any report a prayer for an order enjoining the act
• Actions and recourses taken by the complained of; and
petitioner to determine the fate or • Such other relevant reliefs as are just and
whereabouts of the aggrieved party and equitable
the identity of the person responsible for • The petition shall be inwriting and must be
the threat, act, or omission, and verified.
• Relief prayed for
• The petition must be signed and verified
ISSUANCE OF Writ shall be issued if it appears that the Writ shall be issued if on its face it ought to Writ shall be issued if on its face it ought to
THE WRIT writ ought to issue issue issue
The clerk of the court shall issue the writ The clerk of court shall issue the writ under the The clerk of court shall issue the writ under the
under the seal of the court; or in case of seal of the court; or in case of urgent necessity, seal of the court and cause it to be served
emergency, the judge may issue the writ the justice or the judge may issue the writ under within three days from the issuance; or, in case
under his own hand and may deputize any his or her own hand and may deputize any of urgent necessity, the justice or judge may
person to serve it. officer or person to serve it. issue the writ under his or her own hand and
may deputize any officer or person serve it.
SUMMARY Not applicable Not later than seven days from the date the writ Not later than ten working days from the date
HEARING was issued the writ was issued
HOW WRIT IS • By leaving the original with the person The writ shall be served upon the respondent The writ shall be served upon the respondent
SERVED to whom it is directed and preserving by a judicial officer or by a person deputized by by a judicial officer or by a person deputized by
a copy on which to make return of the court, justice, or judge who shall retain a the court, justice, or judge who shall retain a
service copy on which to make a return of service. In copy on which to make a return of service. In
• If that person cannot be found, or has case the writ cannot be served personally on case the writ cannot be served personally on
not the prisoner in his custody, then the respondent, the rules on substituted service the respondent, the rules on substituted
the service shall be made on any other shall apply service shall apply.
person having or exercising such
custody
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RETURN • The return or statement shall be Within 72 hours after service of the writ, the • Verified written return, together with
signed by the person who makes it respondent shall file a verified written return supporting affidavits within five 5 working
• The return shall also be sworn by him together with supporting affidavits days from service of the writ
if the prisoner is not produced • The period may be reasonably extended
• In all other cases unless the return is by the Court for justifiable reasons
made and signed by a sworn public
officer in his official capacity
EFFECT OF Hearing of the petition shall proceed ex parte Hearing of the petition shall proceed ex parte
FAILURE TO FILE The court may also grant the petitioner such
A RETURN relief as the petition may warrant unless the
court in its discretion requires the petitioner to
submit evidence
PROHIBITED • Motion to dismiss • Motion to dismiss

PLEADINGS AND • Motion for extension of time to file return, • Motion for extension of time to file return,
MOTIONS opposition, affidavit, position paper, and opposition, affidavit, position paper, and
other pleadings other pleadings
• Dilatory motion for postponement • Dilatory motion for postponement
• Motion for bill of particulars • Motion for bill of particulars
• Counter claim or cross-claim • Counterclaim or cross-claim
• Third party complaint • Third party complaint
• Reply • Reply
• Motion to declare defendant in default • Motion to declare respondent in default
• Intervention • Intervention
• Memorandum • Memorandum
• Motion for reconsideration of interlocutory • Motion for reconsideration of interlocutory
orders or interim relief orders; and orders or interim relief orders; and
• Petition for certiorari, mandamus, or • Petition for certiorari or mandamus or
prohibition against any interlocutory order prohibition against any interlocutory order
AVAILABLE • Temporary protection order

INTERIM RELIEFS • Inspection order
• Production order
• Witness Protection Order
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JUDGMENT • When the court or judge has examined The court shall render judgment within ten (10) The court shall render judgment within ten
the cause of capture and restrain of days from the time the petition is submitted for days from the time the petition is submitted for
the prisoner, and is satisfied that he is decision. If the allegations in the petition are decision
unlawfully imprisoned or restrained, proven by substantial evidence, the court shall
he shall forthwith order his discharge grant the privilege of the writ and such reliefs as If the allegations in the petition are proven by
from confinement may be proper and appropriate; otherwise, the substantial evidence, the court shall enjoin the
• Such discharge shall not be effective privilege shall be denied act complained of, or order the deletion,
until a copy of the order has been destruction, or rectification of the erroneous
served on the officer or the person data or information and grant other relevant
detaining such prisoner reliefs as may be just and equitable, otherwise,
• If the officer or person detaining the the privilege of the writ shall be denied
prisoner does not desire to appeal, the
prisoner shall be forthwith released Upon its finality, the judgment shall be
enforced by the sheriff or any lawful officers as
may be designated by the court, justice, or
judge within five working days.
APPEAL 48 hours from notice of judgment appealed Any party may appeal from the final judgment Any party may appeal from the final judgment
from by ordinary appeal (notice of appeal) or order to the Supreme Court under Rule 45. or order of the Supreme Court under Rule 45,
The appeal may raise questions of fact or law The appeal may raise questions of fact or law
or both or both
The period of appeal shall be five working days The period of appeal shall be five working days
from the date of notice of adverse judgment from the date of notice of the judgment or final
order
INSTITUTION OF The Rules do not preclude the filing of separate The Rules do not preclude the filing of separate
SEPARATE ACTION criminal, civil, or administrative actions criminal, civil, or administrative actions
EFFECT OF When a criminal action has been commenced, When a criminal action has been commenced,
FILING CRIMINAL no separate petition for the writ shall be filed. no separate petition for the writ shall be filed.
ACTION
The reliefs under the writ shall be available by The reliefs under the writ shall be available by
motion in the criminal case motion in the criminal case
CONSOLIDATION When a criminal action is filed subsequent to When a criminal action is filed subsequent to
the filing of a petition for the writ, the latter shall the filing of a petition for the writ, the latter shall
be consolidated with the criminal action be consolidated with the criminal action.
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When a criminal action and a separate civil When a criminal action and a separate civil
action are filed subsequent to a petition for a action are filed subsequent to a petition for a
writ of Amparo, the latter shall be consolidated writ of habeas data, the petition shall be
with the criminal action. consolidated with the criminal action.
After consolidation, the procedure under this After consolidation, the procedure under this
Rule shall continue to govern the disposition of Rule shall continue to govern the disposition of
the reliefs in the petition. the reliefs in the petition.
Q: What are the periods for appeal for the different special proceedings?
PROCEEDING DEADLINE TO FILE AN APPEAL
Special Proceedings 15 days from notice of the order or judgment appealed from OR 30 days from notice of the order or judgment appealed from if the
case involves multiple appeals
Writ of Habeas corpus 48 hours from service of judgment
Writ of Amparo 5 working days from notice of judgment
Writ of Habeas Data 5 working days from notice of judgment
Writ of Kalikasan 15 days from notice of judgment or denial of motion for reconsideration
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A. HABEAS CORPUS preserved, and not destroyed. (Mangila v. Judge

Pangilinan, G.R. no. 160739, 2013).
Q: What is the purpose of the Writ of Habeas
Corpus? Exception: It does not, however, follow that if
A: The object of the writ of habeas corpus is to certiorari is available, an application for a writ of
inquire into the legality of the detention, and, if the habeas corpus will absolutely be barred. Writ of
detention is found to be illegal, to require the Habeas Corpus may, nevertheless, be available
release of the detainee (Mangila v. Judge in EXCEPTIONAL CASES, for the writ should not
Pangilinan, G.R. No. 160739, 2013). be considered subservient to procedural
limitations which glorify form over substance. It
Q: When is habeas corpus proper? must be kept in mind that although the question
A: most often considered in both habeas corpus and
1. All cases of illegal confinement/detention certiorari proceedings is whether an inferior court
by which any party is deprived of his has exceeded its jurisdiction, the former involves
liberty; a collateral attack on the judgment and reaches
2. If the rightful custody of a person is the body but not the record, while the latter
withheld from the one entitled to it. assails directly the judgment and reaches the
3. As a post-conviction remedy, it may be record but not the body. (Velasco v. Court of
allowed when, as a consequence of a Appeals, G.R. No. 118644, 1995)
judicial proceeding, any of the following
exceptional circumstances is attendant: NOTE: In a case where there is a conviction but
a. there has been a deprivation of a a violation of right against self-incrimination is
constitutional right resulting in indeed violated, the Writ of Habeas Corpus shall
the restraint of a person; issue. Said void judgment of conviction may be
b. the court had no jurisdiction to challenged by an attack through Habeas Corpus.
impose the sentence; or This writ may issue even if another remedy which
c. the imposed penalty has been is less effective may be availed of by the
excessive, thus voiding the defendant. Thus, failure by the accused to appeal
sentence as to such excess. (Go does not preclude a recourse to the writ. The writ
vs. Dimagiba, G.R. No. 151876, may be granted upon a judgment already final.
June 21, 2005) (Chavez v. Court of Appeals, G.R. No. L-29169,
4. Invasion or rebellion, when public safety 1968)
requires it. (Article VII, Section 18 of the
1987 Constitution) Q: Is physical restraint required to avail of the
writ of habeas corpus as a remedy?
Q: Is habeas corpus proper when other A: NO. Actual physical restraint is not required;
remedies are available? any restraint which will prejudice freedom of
A: As a general rule, NO. The inquiry in a habeas action is sufficient (Moncupa v. Enrile, G.R. No.
corpus proceeding is addressed to the question 63345, 1986).
of whether the proceedings and the assailed
order are, for any reason, null and void. The writ Q: Can the writ of habeas corpus be availed of
is not ordinarily granted where the law provides if restraint is voluntary?
for other remedies in the regular course, and in A:
the absence of exceptional circumstances. General rule: Writ of Habeas Corpus shall NOT
Moreover, habeas corpus should not be granted issue if the restraint is voluntary. (Sombong v.
in advance of trial. The orderly course of trial must CA, G.R. No. 111876, 1996);
be pursued and the usual remedies exhausted
before resorting to the writ where exceptional Exception: Writ of Habeas Corpus is a proper
circumstances are extant. In another case, it was remedy to enable parents to regain custody of a
held that habeas corpus cannot be issued as a minor, even if the minor is in the custody of a 3rd
writ of error or as a means of reviewing errors of person of his own free will. (Sombong v. CA, G.R.
law and irregularities not involving the questions No. 111876, 1996)
of jurisdiction occurring during the course of the
trial, subject to the caveat that constitutional
safeguards of human life and liberty must be
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Q: Where is the writ enforceable? person - the return is considered only a PLEA of
A: If granted by the Supreme Court or the Court FACTS, and the party claiming the custody must
of Appeals, it shall be enforceable anywhere in prove such facts. Failure to reply to the return or
the Philippines and made returnable before any controvert the return is NOT fatal to the petition.
court; or if granted by the Regional Trial Court, it (Rule 102, Sec. 13)
is enforceable only within his judicial district and
returnable only to itself (Rule 102, Sec. 2). Q: What if the party subject of the petition is
lawfully imprisoned”?
NOTE: The Supreme Court, the Court of Appeals A: If it appears that the prisoner was LAWFULLY
and Regional Trial Courts have CONCURRENT committed AND is charged with an offense
jurisdiction to issue Writs of Habeas Corpus. ((In punishable by death, he shall NOT be released,
Re: In the Matter of the Issuance of a Writ of discharged or bailed.
Habeas Corpus of Raymundo Reyes and Vincent
Evangelista, G.R. No. 251954, 2020). If he is LAWFULLY imprisoned AND is charged
with an offense NOT punishable by death, he
Family Courts have EXCLUSIVE ORIGINAL MAY be recommitted to imprisonment OR
JURISDICTION to issue Writ of Habeas Corpus admitted to bail in the discretion of the judge.
involving the custody of minors (R.A. 8369). (Rule 102, Sec. 14)
Q: What is the instance where an MTC judge Q: Distinguish peremptory writ of habeas
may issue a writ of habeas corpus? corpus from preliminary citation.
A: In the absence of ALL Regional Trial Court A:
judges in a province or city, Municipal Trial Court
judges MAY hear and decide petitions for a Writ PEREMPTORY PRELIMINARY
of Habeas Corpus in that province or city. (B.P. WRIT CITATION
129)
A peremptory writ is a A writ of preliminary
Q: Can the Sandiganbayan issue a writ of written document citation requires the
habeas corpus? unconditionally respondent to appear
A: YES, but the Sandiganbayan may grant the commanding the and show cause why
writ only if it is in aid of its appellate jurisdiction respondent to have the peremptory
(Festin, Special Proceedings: A Foresight to the the body of the should not issue. If
Bar Exam, 2nd Ed. 2011). detained person the person is detained
before the court at a under governmental
Q: What is the effect of failure to file a reply to time and place authority and the
the return? specified therein. illegality of his
A: Issued if the cause of detention is not patent
(1) If the return is filed by an officer who is the the detention appears from the petition for
respondent detaining the person concerned - if to be patently illegal. the writ, the court
the prisoner is in custody under a warrant of Noncompliance with issues the citation to
commitment (public authority) in pursuance of this is punishable. the government
law, the return is considered PRIMA FACIE officer having custody
EVIDENCE of the legality of the commitment, to show cause why
imprisonment or restraint. (Rule 102, Sec. 13) the habeas corpus
writ should not issue.
Thus, the failure of petitioners to file a reply to the (Lee Yick Hon v.
return or controvert the matters stated in the Collector of Customs,
return, WARRANTS DISMISSAL of the petition. 41 Phil 548)
Unless the allegations in the return are
controverted, they are DEEMED to be true or
admitted (Florendo v. Javier, G.R. No. L-36101, Q: What is the first step in a habeas corpus
1979) petition?
A: In a habeas corpus petition, the order to
(2) If the return is filed by an officer in case the present an individual before the court is a
prisoner is restrained by a private authority or preliminary step in the hearing of the petition. The
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respondent must produce the person and explain action, in which the court can still inquire
the cause of his detention. However, this order is into the nature of his involuntary restraint
not a ruling on the propriety of the remedy or on (Villavicencio v. Lukban, G.R. No. L-
the substantive matters covered by the remedy. 14639, 1919; Moncupa v. Enrile, G.R.
No. L-63345, 1986)
Thus, the order to produce the body is not 2. Where there are grounds for grave
equivalent to a grant of the writ of habeas corpus doubts about the alleged release of the
(In the Matter of the Petition for Habeas Corpus detainees, [such as] where the standard
of Alejano vs. Cabuay, G.R. No. 160792, 2005) and prescribed procedure in effecting the
release has not been followed (Dizon v.
Q: What are the instances when the writ of Eduardo, L-59118, 1988).
habeas corpus is not proper?
A: Q: When is the writ disallowed/discharged?
1. For asserting or vindicating denial of right A: The Writ Is NOT ALLOWED when:
to bail (Galvez v. CA, G.R. No. 114046, 1. a. Person is in custody of an officer
1994); i. Under process issued by
2. For correcting errors in appreciation of a court or judge; or
facts or appreciation of law – where the ii. By virtue of a judgment;
trial court had no jurisdiction over the or
cause, over the person of the accused, iii. By virtue of an order of
and to impose the penalty provided for by the court;
law, the mistake committed by the trial b. AND that the court or judge HAD
court, in the appreciation of the facts JURISDICTION to issue the process,
and/or in the appreciation of the law render the judgment, or make the
cannot be corrected by habeas corpus order.
(Sotto v. Director of Prisons, G.R. No. L- 2. Jurisdiction appears after writ is allowed
18871, 1962); 3. Person is charged with or convicted of an
3. Once a person detained is duly charged offense in the Philippines
in court, he may no longer file a petition 4. Person is suffering imprisonment under
for habeas corpus. His remedy would be lawful judgment (Rule 102, Sec. 4)
to quash the information or warrant.
(Rodriguez v. Judge Bonifacio, A.M. NO. Q: What is the remedy in case of denial of
RTJ-99-1510, 2000); petition for Writ of Habeas Corpus?
4. Even granting that a person was illegally A: Recourse to the Supreme Court via a petition
arrested, the petition for a Writ of Habeas for certiorari from the decision of the CA
Corpus will NOT prosper because the dismissing his petition for writ of habeas corpus is
detention falls under a “legal process” by inappropriate. The petitioner should file an
virtue of the complaint filed against him. ordinary appeal from the judgment of any court in
(Velasco v. CA, G.R. No. 116884, 1995); habeas corpus cases within 48 hours from notice
5. If the accused was illegally detained, the of the judgment appealed from (Caballes v. CA,
proper remedy would be the quashal of G.R. No. 163108, 2005).
the warrant of arrest and NOT a Writ of
Habeas Corpus. (Ilagan v. Enrile, G.R. Q: What are the rules on custody of minors
No. 70748, 1985) and writ of habeas corpus in relation to
custody of minors (A.M. No. 03-04-04-sc)
Q: What is the effect of the release of detained A: The mother who has custody of the child
person on the petition? cannot refuse to present the child to the court
A: after the issuance of the writ on the basis of the
General Rule: The release, whether permanent child of tender years doctrine. It is not legal basis
or temporary, of a detained person, renders the to deprive the father of custody. Also, such
petition for habeas corpus moot and academic. petition did not grant custody to the father but
merely required the mother to bring the child to
Exceptions: Petition May Prosper court to determine custody. (Salientes v. Abanilla,
1. When there are restraints attached to his G.R. No. 162734, 2006)
release which precludes freedom of
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Q: What is the purpose writ of habeas corpus 2. Either parent, taking into account all
in Rules on Custody of Minors? relevant considerations especially the
A: In cases involving minors, the purpose of a choice of the minor over seven (7) years
petition for habeas corpus is not limited to the of age and of sufficient discernment,
production of the child before the court. The main unless parent chosen is unfit;
purpose of the petition for habeas corpus is to 3. The grandparent, if there are several,
determine who has the rightful custody over the then the grandparent chosen by the
child. (Bagtas v. Hon. Santos, et al., G.R. No. minor over seven (7) years of age and of
166682, 27 November 2009) sufficient discernment, unless
grandparent chosen is unfit or
Q: When is a writ of habeas corpus proper in disqualified;
relation to the custody of minors? 4. The eldest brother or sister over twenty-
A: A writ of habeas corpus is proper in cases one (21) years of age, unless he or she
where rightful custody is withheld from a person is unfit or disqualified
entitled thereto. (Salientes v. Abanilla, 2006) 5. The actual custodian of the minor over
twenty-one (21) years of age, unless the
Q: What are the requisites for petitions for former is unfit or disqualified; or
custody of minors and the issuance of the writ 6. Any other person or institution the court
of habeas corpus in relation to custody of may deem suitable to provide proper
minors? care and guidance for the minor. (Sec.
A: 13, A.M. NO. 03-04-04-SC)
1. That the petitioner has the right of
custody over the minor; B. HABEAS DATA
2. That the rightful custody of the minor is
being withheld from the petitioner by Q: When is a writ of habeas data available?
respondent; and A: The Writ of Habeas Data is available when the
3. That it is to the best interest of the minor right of any person to privacy in life, liberty or
concerned to be in the custody of security is violated or threatened by an unlawful
petitioner and not that of the respondent. act or omission of a public official or employee, or
(Sombong v. CA, G.R. No. 111876, of a private individual or entity engaged in the
1996) gathering, collecting or storing of data or
information regarding the person, family, home
Q: What is the effect of failure to appear at the and correspondence of the aggrieved party (Sec.
pre-trial? 1, A.M. No. 08-1-16-SC).
A: If the petitioner fails to appear personally at the
pre-trial, the case shall be dismissed, unless his NOTE: Habeas data cannot be invoked when the
counsel or a duly authorized representative respondents are not gathering, collecting, or
appears in court and proves a valid excuse for the storing data or information (Castillo v. Cruz, G.R.
non-appearance of the petitioner. No. 182165, 2009).
If the respondent has filed his answer but fails to NOTE: Habeas data is NOT LIMITED to cases of
appear at the pre-trial, the petitioner shall be enforced disappearances and extralegal killings
allowed to present his evidence ex parte. The (Vivares v. St. Theresa’s College, G.R. No.
court shall then render judgment on the basis of 202666, 2004)
the pleadings and the evidence thus presented
(Sec. 11) Q: Under what conditions will a writ of habeas
data lie?
Q: What is the order of preference for the A: In order for the privilege of the writ to be
provisional order awarding custody? granted, there must exist a nexus between the
A: After and answer has been filed or the right to privacy on the one hand, and the right to
expiration of the period to file it, the court may life, liberty or security on the other (Manila Electric
issue a provisional order awarding the custody of Company v. Lim, G.R. No. 184769, 2010)
the minor. The following order of preference shall
be observed as far as practicable: Q: What is the meaning of “engaged” in
1. Both parents jointly; gathering, collecting, or storing of data?
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A: To "engage" means "to do or take part in A: Substantial evidence is required to prove the
something." It does not necessarily mean that the allegations in the petition. (Sec. 16, A.M. No. 08-
activity must be done in pursuit of a business. 1-16-SC)
Whether such undertaking carries the element of
regularity, as when one pursues a business, and C. WRIT OF AMPARO
is in the nature of a personal endeavor, for any
other... reason or even for no reason at all, is Q: When is a writ of Amparo available?
immaterial and such will not prevent the writ from A: The remedy of Writ of Amparo is available to
getting to said person or entity. (Vivares v. St. those whose right to life, liberty and security is
Theresa’s College, G.R. No. 202666, 2004) violated or threatened with violation by an
unlawful act or omission of a public official or
Q: Give instances when the writ of habeas employee or a private individual or entity. It
data is not applicable. covers extra-legal killings and enforced
A: The writ of habeas data cannot be invoked in disappearances or threats thereof. (Sec. 1, A.M.
labor disputes where there is no unlawful violation No. 07-9-12-SC).
of the right to life, liberty, or security (Meralco v.
Lim, G.R. No. 184768, 2010) Q: What is the limitation of the Writ of
Amparo?
The writ of habeas data will not issue to protect A: The Writ of Amparo covers extra-legal killings
purely property or commercial concerns, nor and enforced disappearances or threats thereof
when the grounds invoked in support of the (Sec. 1, A.M. No. 07-9-12-SC).
petitions therefor are vague and doubtful. (Lee v.
Ilagan, G.R. No. 203254, 2014) Q: Does the writ of Amparo cover impairment
of the right to travel?
Q: What are the contents of the return of the A: The writ of Amparo does not cover impairment
writ of habeas data? of the right to travel. For it to be granted, petitioner
A: The return shall contain the following: must show that his right to travel was curtailed to
1. Lawful defenses such as national such an extent as to threaten his right to life,
security, state secrets, privileged liberty and security for which there is no readily
communications, confidentiality of the available recourse or remedy. (Reyes v. CA, G.
source of information of media and R. No. 182161, 2009)
others;
2. In case of respondent in charge, in Q: What are extralegal killings?
possession or in control of the data or A: They are killings committed without due
information subject of the petition: process of law (i.e. without legal safeguards or
a. A disclosure of the data or judicial proceedings). (Secretary of National
information about the petitioner, Defense v. Manalo, G.R. No. 180906, 2008)
the nature of such data or
information, and the purpose for Q: What are enforced disappearances?
its collection A: Enforced disappearances are attended by the
b. The steps or actions taken by the following circumstances:
respondent to ensure the 1. Arrest/detention/abduction of a person
security and confidentiality of the by a government official or organized
data or information groups or private individuals acting with
c. The currency and accuracy of the in/direct acquiescence of the State;
the data or information held; and 2. Carried out by or with the authorization,
3. Other allegations relevant to the support or acquiescence of the State or a
resolution of the proceeding. (Sec. 10, political organization;
A.M. No. 08-1-16-SC) 3. Refusal of the State to disclose the fate
or whereabouts of the person concerned,
Q: What quantum of proof is needed in the or refusal to acknowledge the deprivation
application for issuance of the writ of habeas of liberty, which places such persons
data? outside the protection of the law.
4. Intention is to remove the person from
the protection of law for a prolonged
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period of time. (Navia v. Paradico, G.R. A: No. The Amparo petitioner needs only to
No. 18446, 2012) properly comply with the substance and form
requirements of a Writ of Amparo petition, and
Q: What is included under the term “any prove the allegations by substantial evidence. an
threat”? Amparo proceeding is summary in nature
A: The term “any threat” cannot be taken to mean (Section 13), and the use of substantial evidence
every conceivable threat in the mind that may as the required level of proof reveal the clear
cause one to fear for his life, liberty, or security. intent of the framers of the Amparo Rule to have
In the context of the Amparo rule, only actual the equivalent of an administrative proceeding,
threats, as may be established from all the facts albeit judicially conducted, in addressing Amparo
and circumstances of the case, can qualify as a situations. (Razon v. Tagitis, G.R. No. 182498,
violation that may be addresses under the Rule 2009).
on the Writ of Amparo. (In re: Ladaga, G.R. No.
189689, 2013) Q: Distinguish Privilege of the writ of Amparo
from Actual Order called Amparo
Q: Give instances which do not fall under A: The privilege includes availment of the entire
threat to life, liberty, or security. procedure outlined in A.M. No. 07-9-12-SC, the
A: The threatened demolition of a dwelling by Rule on the Writ of Amparo. (Sec. De Lima v.
virtue of a final judgment of the court is not Gatdula, G.R. No. 204528, 2013)
included among the enumeration of rights for a
writ of Amparo. Their claim to their dwelling, The writ of Amparo was conceived to provide
assuming they still have any despite the final and expeditious and effective procedural relief
executory judgment adverse to them, does not against violations or threats of violation of the
constitute right to life, liberty and security. (Canlas basic rights to life, liberty, and security of persons;
v. NAPICO, G.R. No. 182795, 2008). the corresponding Amparo suit, however, is not
an action to determine criminal guilt requiring
The writ of Amparo is not available against a proof beyond reasonable doubt or administrative
Barangay Captain’s alleged trespass of liability requiring substantial evidence that will
petitioner’s property since it is merely a violation require full and exhaustive proceedings. (The
of petitioner’s property rights (Sps. Pador v. Secretary of National Defense v. Manalo, G.R.
Arcayan, G.R. No. 183649, 2013) No. 180906, 2008)
The restriction on the petitioner’s right to travel as Q: What are the two roles of the writ of
a consequence of the pendency of the criminal Amparo?
case filed against him was not unlawful, and thus A: The writ of Amparo serves both preventive and
not a valid ground to invoke issuance of Writ of curative roles in addressing the problem of
Amparo. (Reyes v. CA, G.R. No. 182161, 2009) extralegal killings and enforced disappearances.
The writ of Amparo is not available in order for a It is preventive in that it breaks the expectation of
biological mother to recover custody of child from impunity in the commission of these offenses;
the DSWD. There is no enforced disappearance.
When what is involved is the issue of child It is curative in that it facilitates the subsequent
custody and the exercise of parental rights over a punishment of perpetrators as it will inevitably
child, who, for all intents and purposes, has been yield leads to subsequent investigation and
legally considered a ward of the State, the action.
Amparo rule cannot be properly applied (Caram
v. Segui, G.R. No. 193652, 2014). In the long run, the goal of both the preventive
and curative roles is to deter the further
The writ of Amparo cannot be availed of by an commission of extralegal killings and enforced
alien detained by the Bureau of Immigration by disappearances (Secretary of Defense v.
virtue of legal process. (Mison v. Gallegos, G.R. Manalo, G.R. No. 180906, 2008).
Nos. 210759, 211403, and 211590, 2015)
Q: Will the writ of Amparo issue when the
Q: Is complete detail of violation of victim’s government is not involved?
rights required?
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A: Government Involvement an indispensable petitioner has substantially complied with the

requirement. To fall within the ambit of A.M. No. requirement by submitting a verified petition
07-9-12-SC in relation to RA 9851, the sufficiently detailing the facts relied upon, the
disappearance must be attended by some strict need for the sworn statement that an
government involvement. This hallmark of State affidavit represents is essentially fulfilled.
participation differentiates an enforced
disappearance case from an ordinary case of a The failure to attach the required affidavits was
missing person. (Navia v. Pardo, G.R. No. fully cured when the respondent and her witness
184467, 2012) personally testified in the hearings to swear to
and flesh out the allegations of the petition. Thus,
Q: Differentiate between a production order even on this point, the petition cannot be faulted.
under the writ of Amparo and a search (Razon v. Tagitis, G.R. No. 184298, 2009)
warrant.
A: The production order under the Amparo Rule Q: What is the effect when respondent’s
should not be confused with a search warrant for denial is not supported by affidavits?
law enforcement under Article III, Section 2 of the A: The petition cannot be denied. Section 17 of
1987 Constitution. This Constitutional provision is the Rules for the Writ of Amparo requires that the
a protection of the people from the unreasonable respondent, who is a public official or employee,
intrusion of the government, not a protection of must prove that extraordinary diligence as
the government from the demand of the people required by applicable laws, rules and regulations
such as respondents. was observed in the performance of duty. When
the petitioner has categorically stated that police
Instead, the Amparo production order may be cars have driven by her house with alarming
likened to the production of documents or things regularity after she identified her husband's body,
under Section 1, Rule 27 of the Rules of Civil respondent’s blanket denial without affidavits
Procedure. (The Secretary of National Defense v. from his police officers is not enough to the deny
Manalo, G.R. No. 180906, 2008) the issuance of the Writ. Respondent’s failure to
exert the extraordinary diligence expected of him
WRIT OF AMPARO SEARCH WARRANT hints at a motive against the petitioner. (Sanchez
PURPOSE v. Darroca, G.R. No. 242257, October 15, 2019)
Protective: To protect
a person’s right to life, Q: What are the contents of the return of the
liberty, or security writ of Amparo?
WHERE FILED A: The Return Shall Contain:
SC, CA, SB, or RTC RTC / MTC within 1. Lawful defenses;
where threat or act whose territorial 2. The steps or actions taken to determine the
committed jurisdiction / judicial fate or whereabouts of the aggrieved party;
region a crime was 3. All relevant information in the possession of
committed the respondent pertaining to the threat, act or
PERSON INITIATING omission against the aggrieved party; and
Private / public Peace officer or law 4. If the respondent is a public official or
person enforcement agency employee, the return shall further state acts:
SEIZURE OF PERSONALTY a. To verify identity of aggrieved party
Under IO & PO, Personal property is b. To recover and preserve evidence
personality is not seized c. To identify and collect witness
seized but inspected statements
or copied d. To determine cause, manner,
location, and time of death or
disappearance
Q: Is the lack of supporting affidavits an
e. To identify and apprehend persons
automatic ground for dismissal of the petition
involved
for the writ of Amparo?
f. Bring suspected offenders before a
A: The requirement for supporting affidavits,
competent court (Sec. 9, A.M. No.
however, should not be read as an absolute one
07-9-12-SC)
that necessarily leads to the dismissal of the
petition if not strictly followed. Where, the
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Q: What happens to the petition for the writ of Q: How is the doctrine of command
Amparo if the court cannot proceed for a valid responsibility used in Amparo Proceedings?
cause? A: The doctrine of command responsibility may
A: The court shall not dismiss the petition, but be used to determine whether respondents are
shall archive it, if upon its determination it cannot accountable for and have the duty to address the
proceed for a valid cause such as the failure of abduction [of Rodriguez in this case] in order to
petitioner or witnesses to appear due to threats enable the courts to devise remedial measures to
on their lives. (Sec. 20, A.M. No. 07-9-12-SC) protect his rights (Rodriguez v. Macapagal-
Arroyo, G.R. No. 181805, 2011).
Q: What is the quantum of proof in application
for issuance of writ of Amparo? Amparo proceedings determine responsibility, or
A: Quantum of Proof in Application for Issuance the extent the actors have been established by
of Writ of Amparo: substantial evidence to have participated in
1. Establish claims by substantial evidence whatever way, by action or omission, in an
2. If respondent is a private individual or enforced disappearance; and accountability, or
entity, he must prove that ordinary the measure of remedies that should be
diligence was observed in the addressed to those who:
performance of duty 1. Exhibited involvement in the enforced
3. If public official or employee, he must disappearance without bringing the level
prove that extraordinary diligence was of their complicity to the level of
observed in the performance of duty. He responsibility defined above;
cannot invoke the presumption that 2. Are imputed with knowledge relating to
official duty has been regularly performed the enforced disappearance and who
to evade responsibility or liability. (Sec. carry the burden of disclosure; or
17, A.M. No. 07-9-12-SC) 3. Carry, but have failed to discharge, the
burden of extraordinary diligence in the
Q: May hearsay evidence be considered in investigation of the enforced
Amparo proceedings? disappearance.
A: The fair and proper rule is to consider all the
pieces of evidence adduced in their totality, and Thus, although there is no determination of
to consider any evidence otherwise inadmissible criminal, civil or administrative liabilities, the
under our usual rules to be admissible if it is doctrine of command responsibility may
consistent with the admissible evidence adduced. nevertheless be applied to ascertain
In other words, we reduce our rules to the most responsibility and accountability within these
basic test of reason—i.e., to the relevance of the foregoing definitions (Id.).
evidence to the issue at hand and its consistency
with all other pieces of adduced evidence. Thus, Q: What is the remedy in case of denial of
even hearsay evidence can be admitted if it petition for writ of Amparo?
satisfies this basic minimum test. (Rodriguez v. A: Ordinary appeal.
Macapagal-Arroyo, G.R. no. 191805, 2013) 1. The period of appeal shall be five (5)
working days from the date of notice of
Though hearsay evidence is generally the adverse judgment.
considered inadmissible under rules of evidence, 2. Appeal shall be made directly to the
such may be considered in a writ of Amparo Supreme Court under Rule 45 where
proceeding if required by the unique questions of fact or of law or both may be
circumstances of the case. It is the totality of the raised (Sec. 19, A.M. No. 07-9-12-SC).
obtaining situation that must be taken into
consideration to determine if a petitioner is Q: Is Writ of Amparo the proper remedy for
entitled to a Writ of Amparo. Police surveillance child custody?
because of the petitioner’s relationship with a A: No. If the child is not missing but the parent is
suspected member of the NPA, creates a real merely asserting her parental authority over the
threat to life, liberty, or security. (Sanchez v. child and contesting custody over him, the Writ of
Darroca, G.R. No. 242257, October 15, 2019) Amparo is not the proper remedy (Infant Juliian
Yusa y Caram v. Segui, G.R. No. 193652, 2014).
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Q: What interim reliefs may a court grant (Rule 2, Sec. 2).

under the rule on the writ of Amparo?
A: Q: What pleadings and motions are allowed?
1. Temporary Protection Order
2. Inspection Order A:
3. Production Order 1. Complaint;
4. Witness Protection Order (Sec. 14, A.M. 2. Answer;
No. 07-9-12-SC) 3. Compulsory counterclaim;
4. Cross-claim;
D. RULES OF PROCEDURE FOR 5. Motion for Intervention;
ENVIRONMENTAL CASES 6. Motion for Discovery; and
7. Motion for Reconsideration of Judgment
Q: Can all RTCs, MeTCs, MTCCs, MTCs, and (Rule 2, Sec. 1)
MCTCs try, hear, and decide environmental
cases? In highly meritorious cases, these additional
A: No. The courts referred to in Rule 1, Sec. 2 are pleadings are allowed:
those designated as special courts to try, hear, 1. Motion for Postponement;
and decide environmental cases under 2. Motion for New Trial; and
Administrative Order No. 23-2008 and those 3. Petition for Relief from Judgment (Rule 2,
designated thereafter. (Annotations to A.M. No. Sec. 1)
09-6-8-SC, p. 101)
Note: The enumeration in this section is
Civil Procedures in Environmental Cases exclusive and must be read in conjunction with
Rule 2, Sec. 2. (Annotations to A.M. No. 09-6-8-
Q: Can a TRO or writ of preliminary injunction SC, p. 107)
be issued against actions of government
agencies for the enforcement of For the pleadings in highly meritorious cases, the
environmental laws? satisfaction of these conditions is required since
A: these motions are prone to abuse during
General Rule: No court can issue a TRO or writ litigation. Motion for intervention is permitted in
of preliminary injunction against lawful actions of order to allow the public to participate in the filing
government agencies that enforce environmental and prosecution of environmental cases, which
laws or prevent violations thereof. are imbued with public interest. Petitions for
certiorari are likewise permitted since these raise
Exception: The Supreme Court (Rule 2, Sec. 10) fundamental questions of jurisdiction.
(Annotations to A.M. No. 09-6-8-SC, p. 109)
Q: What is the effect of evidence not
presented during pre-trial? Note: While the enumeration of prohibited
A: pleadings have been adopted in part from the
General Rule: Evidence not presented during the Rule on Summary Procedure in response to the
pre-trial shall be deemed waived. question of delay which often accompanies
regular cases, summary procedure is not adopted
Exception: Newly-discovered evidence (Rule 3, in its entirety given the complex and wide range
Sec. 5). of environmental cases. Procedural safeguards
have been introduced for truly complex cases
Q: What pleadings and motions are which may necessitate further evaluation from the
prohibited? court. (Annotations to A.M. No. 09-6-8-SC, p.
A: 108)
1. Motion to Dismiss the Complaint;
2. Third-Party Complaint; Q: What is a Temporary Protection Order
3. Motion for Bill of Particulars; (TEPO)?
4. Reply and Rejoinder; A: A protection order issued by the court directing
5. Motion for Extension of Time to File or enjoining any person or government agency to
Pleadings (except to File Answer) perform or desist from performing an act in order
6. Motion to Declare Defendant in Default to protect, preserve or rehabilitate the
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environment. It can be availed if the matter is of 3. Require the violator to submit a program
(1) extreme urgency and (2) the applicant will of rehabilitation or restoration of the
suffer grave injustice and irreparable injury. (Rule environment, the costs of which shall be
2, Sec. 8). borne by the violator, or to contribute to a
special trust fund for that purpose subject
Q: When will a Temporary Environmental to the control of the court (Rule 5, Sec.
Protection Order (TEPO) be issued? 1).
A: If it appears from the verified complaint with a
prayer for the issuance of an Environmental Q: Is the judgment executory pending appeal?
Protection Order (EPO) that the matter is of A: Yes, any judgment directing the performance
extreme urgency and the applicant will suffer of acts for the protection, preservation or
grave injustice and irreparable injury. (Rule 2, rehabilitation of the environment shall be
Sec. 8). executory pending appeal unless restrained by
the appellate court (Rule 5, Sec. 2)
Q: What are the actions where a TEPO is
prayed for? Q: When will the process of execution
A: It may be granted in a petition for a writ of terminate?
kalikasan and in a petition for a writ of continuing A: Upon a sufficient showing that the decision or
mandamus. It is issued in order to (1) expedite order has been implemented to the satisfaction of
the proceedings and (2) to preserve the rights of the court in accordance with Section 14, Rule 39
the parties pending litigation. (Rule 8, Sec. 5). of the Rules of Court (Rule 5, Sec. 5).
Q: Can a TEPO be issued ex parte? Q: Is the court allowed to convert the TEPO to
A: Yes, a court may issue ex parte a TEPO a permanent EPO or issue a writ of continuing
effective for only seventy-two (72) hours from mandamus?
date of the receipt of the TEPO by the party or A: Yes. In the judgment, the court may convert
person enjoined. Within said period, the court the TEPO to a permanent EPO or issue a writ of
where the case is assigned, shall conduct a continuing mandamus. The writ of continuing
summary hearing to determine whether the mandamus serves to direct the performance of
TEPO may be extended until the termination of acts which shall be effective until the judgment is
the case. (Rule 2, Sec. 8). fully satisfied. (Rule 5, Sec. 3).
Q: Who may issue ex parte a TEPO? Q: Who monitors the performance of acts
A: until the judgment is fully satisfied?
1. The executive judge of the multiple-sala A:
court before raffle or 1. The court or
2. The presiding judge of a single-sala. 2. Appropriate government agency (Rule 5,
(Rule 2, Sec. 8). Sec. 3).
Q: For how long is the TEPO effective? Q: How will the acts be monitored?
A: Only for seventy-two (72) hours from date of A: By requiring the party concerned to submit
the receipt of the TEPO by the party or person written reports on a quarterly basis or sooner as
enjoined. Within said period, the court where the may be necessary, detailing the progress of the
case is assigned, shall conduct a summary execution and satisfaction of the judgment. The
hearing to determine whether the TEPO may be other party may, at its option, submit its
extended until the termination of the case. (Rule comments or observations on the execution of
2, Sec. 8). the judgment (Rule 5, Sec. 3).
Q: What are the reliefs in a citizen’s suit? Q: What is a strategic lawsuit against public
A: If warranted, the court may grant to the plaintiff participation or SLAPP?
proper reliefs which shall include the following: A: Strategic lawsuit against public participation
1. Protection, preservation or rehabilitation (SLAPP) refers to an action whether civil, criminal
of the environment; or administrative, brought against any person,
2. Payment of attorney’s fees, costs of suit institution or any government agency or local
and other litigation expenses government unit or its officials and employees,
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with the intent to harass, vex, exert undue A: The party filing the action assailed as a SLAPP
pressure or stifle any legal recourse that such shall prove by preponderance of evidence that
person, institution or government agency has the action is not a SLAPP and is a valid claim
taken or may take in the enforcement of (Rule 6, Sec. 3).
environmental laws, protection of the
environment or assertion of environmental rights Q: Within what period should the resolution of
(Rule 1, Sec. 4[g]). the defense of a SLAPP be?
A: It shall be resolved within thirty (30) days after
It is a legal action filed to harass, vex, exert undue the summary hearing (Rule 6, Sec. 4).
pressure or stifle any legal recourse that any
person, institution or the government has taken or Q: What may the court award when it
may take in the enforcement of environmental dismisses the action?
laws, protection of the environment or assertion A: It may award damages, attorney’s fees and
of environmental rights (Rule 6, Sec. 1). costs of suit under a counterclaim if such has
been filed and the dismissal shall be with
Q: How is the SLAPP as a defense alleged? prejudice (Rule 6, Sec. 4).
A: The defendant may file an answer interposing
as a defense that the case is a SLAPP and shall Q: What is the effect if the court rejects the
be supported by documents, affidavits, papers defense of a SLAPP?
and other evidence; and, by way of counterclaim, A: If the court rejects the defense of a SLAPP, the
pray for damages, attorney’s fees and costs of evidence adduced during the summary hearing
suit. shall be treated as evidence of the parties on the
merits of the case. The action shall proceed in
The court then shall direct the plaintiff or adverse accordance with the Rules of Court (Rule 6, Sec.
party to file an opposition showing the suit is not 4)
a SLAPP, attaching evidence in support thereof,
within a non-extendible period of five (5) days Q: Distinguish between Writ of Kalikasan v.
from receipt of notice that an answer has been Writ of Continuing Mandamus
filed. A:
The defense of a SLAPP shall be set for hearing

Writ of Kalikasan Writ of Continuing
by the court after issuance of the order to file an
opposition within fifteen (15) days from filing of Mandamus
the comment or the lapse of the period (Rule 6,
SUBJECT MATTER
Sec. 2).
Available against an Directed against:
Q: What is the nature of the hearing on the
unlawful act or (a) the unlawful neglect
defense of a SLAPP?
omission of a public in the performance of
A: It shall be summary in nature. The parties must
official or employee, or an act which the law
submit all available evidence in support of their
private individual or specifically enjoins as a
respective positions (Rule 6, Sec. 3).
entity, involving duty resulting from an
environmental damage office, trust or station in
Q: What is the quantum of evidence required
of such magnitude as connection with the
of the party seeking the dismissal of the
to prejudice the life, enforcement or
case?
health or property of violation of an
A: The party seeking the dismissal of the case
inhabitants in two or environmental law rule
must prove by substantial evidence that his act
more cities or or regulation or a right
for the enforcement of environmental law is a
provinces therein; or
legitimate action for the protection, preservation
and rehabilitation of the environment (Rule 6,
Magnitude of (b) the unlawfully
Sec. 3).
environmental damage exclusion of another
is a condition sine qua from the use or
Q: What is the quantum of evidence required
non in a petition for the enjoyment of such right
of the party filing the action assailed as a
issuance of a Writ of and in both instances,
SLAPP?
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Writ of Kalikasan Writ of Continuing Writ of Kalikasan Writ of Continuing

Mandamus Mandamus
kalikasan and must be there is no other plain, DISCOVERY MEASURES

contained in the speedy and adequate
verified petition. remedy in the ordinary
Incorporates the Does not contain any
course of law
procedural provision for discovery
environmental right of measures
WHO MAY FILE
access to information
Natural or juridical Only the one who is through the use of
person, entity personally aggrieved discovery measures
authorized by law, by the unlawful act or such as ocular
people’s organization, omission inspection order and
non-governmental production order
organization, or any
DAMAGES FOR PERSONAL INJURY
public interest group
accredited by or
registered with any No damages may be Allows damages for the
government agency, awarded. malicious neglect of the
on behalf of persons performance of the
whose right to a A party who avails of legal duty of the
balanced and healthful this petition but who respondent, identical to
ecology is violated or also wishes to be Rule 65, Rules of Court
threatened to be indemnified for injuries
violated suffered may file
another suit for the
RESPONDENT recovery of damages
since the Rule on the
May be a private Only the government or Writ of kalikasan allows
individual or entity its officers for the institution of
separate actions.
EXEMPTION FROM DOCKET FEES
(A.M. No. 09-6-8-SC, p. 142)
Both are exempted Both are exempted
Writ of Kalikasan
VENUE Q: What is a writ of kalikasan?

A: It is a remedy available to a natural or juridical
a) Supreme Court; or a) Regional Trial person, entity authorized by law, people’s
b) Any of the stations Court exercising organization, non-governmental organization, or
of the Court of jurisdiction over any public interest group accredited by or
Appeals the territory where registered with any government agency, on
the actionable behalf of persons whose constitutional right to a
neglect or balanced and healthful ecology is violated, or
omission threatened with violation by an unlawful act or
occurred omission of a public official or employee, or
b) Court of Appeals; private individual or entity, involving
or environmental damage of such magnitude as to
c) Supreme Court prejudice the life, health or property of inhabitants
in two or more cities or provinces. (Rule 7, Sec.
1)
Q: What is the nature of writ of kalikasan?

A: It is an extraordinary remedy that deals with
damage that transcends political and territorial
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boundaries. Magnitude is measured by the 3. Allow the violation of any environmental

degree of environmental damage that prejudices law, rule, or regulation; or
the life, health or property of inhabitants in two or 4. Commit any act resulting to
more cities or provinces. (A.M. No. 09-6-8-SC, p. environmental damage of such
133) magnitude as to prejudice the life, health,
or property of inhabitants of two or more
Q: What acts are covered by the writ? cities (Rule 7, Sec. 8)
A: The unlawful act or omission of a public official
or employee, or private individual or entity, All defenses not raised are deemed waived. A
involving environmental damage of such general denial of allegations in the petition shall
magnitude as to prejudice the life, health or be considered an admission thereof (Rule 7, Sec.
property of inhabitants in two or more cities or 8)
provinces. (A.M. No. 09-6-8-SC, p. 133)
Q: What is the effect of failure to file a return?
Q: What are the requisites for the writ to A: In case the respondent fails to file a return, the
issue? court shall proceed to hear the petition ex parte
A: (Rule 7, Sec. 10)
1. There is an actual or threatened violation
of the constitutional right to a balanced Q: What reliefs may be granted under the writ
and healthful ecology; of kalikasan?
2. The actual or threatened violation arises A:
from an unlawful act or omission of a 1. Directing respondent to permanently
public official or employee, or private cease and desist from committing acts or
individual or entity; and neglecting the performance of a duty in
3. The actual or threatened violation violation of environmental laws resulting
involves or will lead to an environmental in environmental destruction or damage;
damage of such magnitude as to 2. Directing the respondent public official,
prejudice the life, health or property of government agency, private person or
inhabitants in two or more cities or entity to protect, preserve, rehabilitate or
provinces (Segovia v. The Climate restore the environment;
Change Commission, G.R. No. 211010, 3. Directing the respondent public official,
2017) government agency, private person or
entity to monitor strict compliance with
Q: What must the petitioner prove? the decision and orders of the court;
A: 4. Directing the respondent public official,
1. Environmental law, rule or regulation government agency, or private person or
violated or threatened to be violated; entity to make periodic reports on the
2. 2, Act or omission complained of; and execution of the final judgment; and
3. The environmental damage of such 5. Such other reliefs which relate to the right
magnitude as to prejudice the life, health of the people to a balanced and healthful
or property of inhabitants in two or more ecology or to the protection,
cities or provinces (Rule 7, Sec. 2). preservation, rehabilitation or restoration
of the environment, except the award of
Q: How effect does the filing of the petition for damages to individual petitioners (Rule 7,
the Writ of Kalikasan have on other actions? Sec. 15)
A: The filing of a petition for the issuance of the
writ of kalikasan shall not preclude the filing of Q: What is the mode of appeal?
separate civil, criminal or administrative actions A: Within fifteen (15) days from the date of notice
(Rule 7, Sec. 16) of the adverse judgment or denial of motion for
reconsideration, any party may appeal to the
Q: What must the return contain? Supreme Court under Rule 45 of the Rules of
A: The respondent must state all defenses to Court. The appeal may raise questions of fact
show that he did not: (Rule 7, Sec. 16)
1. Violate
2. Threaten to violate
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Q: What pleadings and motions are petitioner by reason of the malicious

prohibited? neglect to perform the duties of the
A: respondent, under the law, rules or
1. Motion to dismiss; regulations.
2. Motion for extension of time to file return;
3. Motion for postponement; The petition shall also contain a sworn
4. Motion for a bill of particulars; certification of non-forum shopping. (Rule 8, Sec.
5. Counterclaim or cross-claim; 1)
6. Third-party complaint;
7. Reply; and Criminal Procedure in Environmental Cases
8. Motion to declare respondent in default.
(Rule 7, Sec. 9) Q: Who may file a complaint for violations of
environmental and other related laws, rules
NOTE: A motion for intervention is excluded from and regulations?
this enumeration. (A.M. No. 09-6-8-SC, p. 136) A:
1. Offended Party
Writ of Continuing Mandamus 2. Peace officer
3. Any public officer charged with the
Q: What is a writ of continuing mandamus? enforcement of an environmental law
A: When any agency or instrumentality of the (Rule 9, Sec. 1)
government or officer thereof:
1. Unlawfully neglects the performance of Q: When is the civil action for violation of
an act which the law specifically enjoins environmental laws not deemed instituted
as a duty resulting from an office, trust or with the criminal action?
station in connection with the A: When a criminal action is instituted, the civil
enforcement or violation of an action for the recovery of civil liability arising from
environmental law rule or regulation or a the offense charged, shall be deemed instituted
right therein, or with the criminal action, unless the complainant:
2. Unlawfully excludes another from the use 1. Waives the civil action,
or enjoyment of such right and there is no 2. Reserves the right to institute it
other plain, speedy and adequate separately or
remedy in the ordinary course of law. 3. Institutes the civil action prior to the
criminal action. (Rule 10, Sec. 1)
It may be availed of to compel the performance of
an act specifically enjoined by law. It permits the Q: When should the reservation to institute a
court to retain jurisdiction after judgment in order separate civil action be made?
to ensure the successful implementation of the A: During arraignment (Rule 10, Sec. 1)
reliefs mandated under the court’s decision.
Q: To whom shall damages accrue where
For this purpose, the court may compel the there is no private offended party?
submission of compliance reports from the A: The damages awarded in cases where there
respondent government agencies (A.M. No. 09- is no private offended party, less the filing fees,
6-8-SC, p. 142) shall accrue to the funds of the agency charged
with the implementation of the environmental law
The person aggrieved thereby may file a verified violated. The award shall be used for the
petition in the proper court: restoration and rehabilitation of the environment
1. Alleging the facts with certainty, attaching adversely affected. (Rule 10, Sec. 1)
thereto supporting evidence, specifying
that the petition concerns an Q: When is an arrest without warrant valid?
environmental law, rule or regulation, and A: A peace officer or an individual deputized by
2. Praying that judgment be rendered the proper government agency may, without a
commanding the respondent to do an act warrant, arrest a person:
or series of acts until the judgment is fully 1. When, in his presence, the person to be
satisfied, and arrested has committed, is actually
3. To pay damages sustained by the committing or is attempting to commit an
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offense; or and irreversible damage to the environment that

2. When an offense has just been is scientifically plausible but uncertain, actions
committed, and he has probable cause to shall be taken to avoid or diminish that threat.
believe based on personal knowledge of (Rule I, Sec. 4(f))
facts or circumstances that the person to
be arrested has committed it. (Rule 11, Q: When is the precautionary principle
Sec 1) applicable?
A: When there is a lack of full scientific certainty
Q: When should the accused be set for in establishing a causal link between human
arraignment? activity and environmental effect, the court shall
A: The court shall set the arraignment of the apply the precautionary principle in resolving the
accused within fifteen (15) days from the time it case before it. (Rule 20, Sec. 1)
acquires jurisdiction over the accused, with notice
to the public prosecutor and offended party or The precautionary principle shifts the burden of
concerned government agency that it will evidence of harm away from those likely to suffer
entertain plea-bargaining on the date of the harm and onto those desiring to change the
arraignment. (Rule 15, Sec. 1) status quo. Its application is generally limited to
cases where there is doubt in the evidence
Q: In cases where the prosecution and available. (A.M. No. 09-6-8-SC, p. 158)
offended party or concerned government
agency agree to the plea offered by the The precautionary principle shall only be relevant
accused, what must the court do? if there is concurrence of three elements, namely:
A: uncertainty, threat of environmental damages,
1. Issue an order which contains the plea- and serious or irreversible harm.
bargaining arrived at;
2. Proceed to receive evidence on the civil In situations where the threat is relatively certain,
aspect of the case, if any; and or that the causal link between an action and
3. Render and promulgate judgment of environmental damage can be established, or the
conviction, including the civil liability for probability of occurrence can be calculated, only
damages. (Rule 15, Sec.2) preventive, not precautionary measures may be
taken.
Q: When must the court set the case for pre-
trial conference? Neither will the principle apply if there is no
A: After the arraignment, the court shall set the indication of threat of environmental harm, or if
pre-trial conference within thirty (30) days. It may the threatened harm is trivial or easily reversible.
refer the case to the branch clerk of court, if (City Government of Davao v. CA, G.R. No.
warranted, for a preliminary conference to be set 189305, Aug 16, 2016)
at least three (3) days prior to the pre-trial. (Rule
16, Sec. 1) Although the precautionary principle allows lack
of full scientific certainty in establishing a
Q: When should the court issue the pre-trial connection between serious or irreversible harm
order? and the human activity, its application is still
A: The court shall issue a pre-trial order within ten premised on empirical studies. Scientific analysis
(10) days after the termination of the pre-trial, is still a necessary basis for effective policy
setting forth the actions taken during the pre-trial choices under the precautionary principle. The
conference, the facts stipulated, the admissions principle cannot be used in sustaining the ban
made, evidence marked, the number of against aerial spraying if little or nothing is known
witnesses to be presented and the schedule of of the exact or potential dangers it may bring to
trial. The order shall bind the parties and control the health of the residents within the plantations
the course of action during the trial. (Rule 16, and the integrity of the environment. (City
Sec. 7) Government of Davao v. CA, G.R. No. 189305,
2016)
Q: What is the precautionary principle?
A: Precautionary principle states that when When these features — uncertainty, the
human activities may lead to threats of serious possibility of irreversible harm, and the possibility
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of serious harm — coincide, the case for the

precautionary principle is strongest.
When in doubt, cases must be resolved in favor

of the constitutional right to a balanced and
healthful ecology. Parenthetically, judicial
adjudication is one of the strongest fora in which
the precautionary principle may find applicability.
(International Service for the Acquisition of Agri-
Biotech Applications v. Greenpeace, G.R. No.
209271, Dec 8, 2015)
Q: What are the standards for the application

of the precautionary principle?
A: The following factors, among others, may be
considered:
1. Threats to human life or health;

2. Inequity to present or future generations;
or
3. Prejudice to the environment without
legal consideration of the environmental
rights of those affected. (Rule 20, Sec. 2)
————- end of topic ————
ATENEO CENTRAL
BAR OPERATIONS 2020/21 CIVIL LAW
B. ETHICS 1. QUALIFICATIONS FOR NEW

LAWYERS
TOPIC OUTLINE UNDER THE SYLLABUS: (INCLUDES THOSE WHO REACQUIRE
CITIZENSHIP)
B. ETHICS
1. Qualifications for new lawyers (includes Q: What are the qualifications for admission to
those who reacquire citizenship) the bar under Sections 2, 5 and 6 of Rule 138
2. Code of Professional Responsibility of the ROC? (F21-Good-Resident-MEBORO)
(including duties incorporated in the A:
Lawyer's Oath) 1. Filipino citizen;
3. Disqualifications/inhibitions for judges 2. At least 21 years of age;
4. Direct and indirect contempt 3. Of GOOD moral character; and,
4. A RESIDENT of the Philippines.
He must also show that (MEBORO):

1. No charges of Moral turpitude are filed or
pending against him;
2. Possesses the required Educational
qualifications (including a 4-year pre-law
degree in an authorized or recognized
university or college).
a. Must have already earned a
bachelor’s degree in Arts or
Sciences (PRE-LAW);
b. LAW course - completed courses
in Civil Law, Commercial Law,
Remedial Law, Criminal Law,
Public International Law, Political
Law, Labor and Social
Legislation, Medical
Jurisprudence, Taxation, Legal
Ethics
3. Pass the Bar examinations (Secs. 14 &
17).
4. Taken an Oath before the Supreme Court;
5. Signed and registered in the Roll of
Attorneys; and
6. Other qualifications as may be prescribed
by the Supreme Court. (In Re: Cunanan,
94 Phil. 534, 1954)
Q: What happens to a Filipino lawyer who

became a citizen of another country and later
reacquired Filipino citizenship under R.A. No.
9225?
A: The Filipino lawyer remains a member of the
Philippine Bar. However, the right to resume the
practice of law is NOT automatic.
R.A. No. 9225 provides that a person reacquiring

Filipino citizenship, who intends to practice law in
the Philippines, must apply with the Office of the
Bar Confidant for a license or permit to engage in
such practice, together with the following
requirements:
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1. Petition for reacquisition of Philippine 2. CODE OF PROFESSIONAL

citizenship; RESPONSIBILITY
2. Order for reacquisition of Philippine
(INCLUDING DUTIES INCORPORATED IN
citizenship;
3. Oath of Allegiance to the Republic of the THE LAWYER’S OATH)
Philippines;
4. Identification Certificate (IC) issued by the Q: State the Lawyer’s Oath
Bureau of Immigration; A:
5. Certificate of Good Standing issued by the I, __________________, do solemnly swear that I
IBP; will maintain allegiance to the Republic of the
6. Certification from the IBP indicating Philippines;
updated payments of annual membership
dues; I will support its constitution and obey the laws as
7. Proof of payment of professional tax; and well as the legal orders of the duly constituted
8. Certificate of compliance issued by the authorities therein;
MCLE Office;
9. Retaking of the lawyer’s oath. (In Re: I will do no falsehood, nor consent to the doing of
Petition to Re-acquire the Privilege to any in court;
Practice Law in the Philippines, B.M. No.
2112, July 24, 2012) I will not willingly nor wittingly promote or sue any
groundless, false or unlawful suit, or give aid nor
consent to the same;
I will delay no man for money or malice, and will

conduct myself as a lawyer according to the best
of my knowledge and discretion, with all good
fidelity as well to the court as to my clients
and I impose upon myself these voluntary

obligations without any mental reservation or
purpose of evasion. So help me God.
Q: What are the FOUR-FOLD DUTIES of a

lawyer? (SPCC)
A: Lawyers have duties to:
1. Society – to be an exemplar for
righteousness, ready to render legal aid,
foster social reforms, guardian of due
process, aware of special role in the
solution of special problems, and be
always ready to lend assistance in the
study and solution of social problems
(Canons 1-6, CPR);
2. Legal Profession (fellow lawyers) – to
observe candor, fairness, courtesy and
truthfulness, avoid encroachment on the
business of other lawyers, and uphold the
honor of the profession. (Canons 7-9,
CPR);
3. Court – as an officer of the court, to
respect or defend against criticisms,
uphold authority and dignity, obey orders
and processes, and assist in the
administration of justice (Canons 10-13,
CPR); and,
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4. Client, in that order – to be devoted to the compromise. (De Ysasi v. NLRC, G.R. NO.
client’s interest within legal and ethical 104599, 1994)
bounds (Canons 14-22, CPR) (Cruz v.
Aliño-Hormachuelos, A.M No. CA-04-38, Q: When may a lawyer bind his client without
2004). special power of attorney?
A: A lawyer can bind his client without special
CHAPTER I - LAWYER AND SOCIETY power from the latter only in matters of procedure.
The lawyer, may, therefore, be disciplined for
CANON 1: UPHOLDING THE CONSTITUTION compromising, settling, dismissing, waiving or
AND OBEYING THE LAW disposing of his client’s cause, property, interest
without prior subsequent authority from the client
DUTIES OF A LAWYER TO SOCIETY, IN because any of such steps does not involve
GENERAL matters of procedure.
1. Maintain allegiance to the Republic of the
Philippines; CANON 2: MAKING LEGAL SERVICES
2. Uphold the Constitution; and, AVAILABLE
3. Obey the laws of the land.
SUMMARY OF RULES UNDER CANON 2
SUMMARY OF RULES UNDER CANON 1 1. Not to reject the cause of the defenseless
1. Not to engage in unlawful, dishonest, (Rule 2.01, CPR);
immoral, or deceitful conduct (Rule 1.01, 2. Not to refuse to render legal advice (Rule
CPR); 2.02, CPR);
2. Not to counsel or abet illegal activities 3. Not to solicit legal business (Rule 2.03,
(Rule 1.02, CPR); CPR); and,
3. Not to, for any corrupt motive or interest, 4. Not to charge lower rates to attract
encourage any suit or proceeding or delay business (Rule 2.04, CPR).
any man’s cause (Rule 1.03, CPR); and,
4. Encourage clients to avoid, end or settle a Q: What is AMBULANCE CHASING?
controversy if it will admit of a fair A: It is the solicitation of almost any kind of legal
settlement (Rule 1.04, CPR). business by an attorney, personally or through an
agent, in order to gain employment. (Linsangan v.
Q: May a lawyer be suspended or disbarred for Tolentino, A.C. No. 6672, 2009)
a misconduct committed in his private affairs?
A: Yes. A lawyer may be suspended or disbarred It is an act of chasing victims of accidents for the
for any misconduct, even if it pertains to his private purpose of talking to the said victims (or relatives)
activities, as long as it shows him to be wanting in and offering his legal services for the filing of a
moral character, honesty, probity or good case against the person(s) who caused the
demeanor. (Manaois v. Deciembre, A.C. No. 5364, accident(s). This term however has evolved to
2008) include all acts of barratry and not only limited to
scenarios where there is an accident.
Additionally, it has been ruled by the Supreme
Court that a lawyer may be disciplined for Q: What is BARRATRY?
misconduct committed either in his professional or A: It is an offense of frequently exciting and stirring
private capacity. The test is whether his conduct up quarrels and suits, either at law or otherwise. (4
shows him to be wanting in moral character, Bla. Com. 134; Co. Litt. 368) It is a lawyer’s act of
honesty, probity, and good demeanor, or whether fomenting suits among individuals and offering his
it renders him unworthy to continue as an officer of legal services to one of them.
the court. (Navarro v. Solidum Jr., A.C. No. 9872,
2014) CANON 3: USE OF TRUE AND FAIR
INFORMATION IN MAKING LEGAL SERVICES
Q: Can a lawyer compromise the case without AVAILABLE
the client’s consent?
A: As a general rule, no. A lawyer needs special SUMMARY OF RULES UNDER CANON 3
authority from the client to enter into a 1. Not to use false statement regarding his
qualification of service (Rule 3.01, CPR);
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2. Not to use false or misleading firm names 5. Ordinary simple professional Card. It may
(Rule 3.02, CPR); contain only a statement of his name, the
3. Partner who accepts public office should name of the law firm which he is
withdraw from the firm; exception (Rule connected with, address, telephone
3.03, CPR); and, number and the special branch of law
4. Not to seek media publicity (Rule 3.04, practiced (Id.); and,
CPR). 6. Advertisements or simple announcements
of the Existence of a lawyer or his law firm
Q: Are lawyers allowed to advertise their posted anywhere it is proper such as his
services? place of business or residence except
A: No, advertisements are not allowed. A lawyer courtrooms and government buildings.
cannot advertise his talent as a shopkeeper
advertises his wares. (In Re Tagorda, 53 Phil 37, CANONS 4 AND 5: PARTICIPATING IN LEGAL
1929) DEVELOPMENT BY INITIATING OR
SUPPORTING LAW REFORM AND THE
Q: What is the most worthy and effective ADMINISTRATION OF JUSTICE (Canon 4) AND
advertisement possible of a lawyer’s services? BY PARTICIPATING IN LEGAL EDUCATION
A: It is the establishment of a well-merited (Canon 5)
reputation for professional capacity and fidelity to
trust. Q: Based on Canon 5, what are the three-fold
obligations of a lawyer?
Q: What acts are considered INDIRECT A:
advertisements for professional employment? 1. SELF – to continue improving his
A: knowledge of the laws;
1. Furnishing or inspiring newspaper 2. PROFESSION – to take an active interest
comments; in the maintenance of high standards of
2. Procuring one’s photograph to be legal education; and,
published in connection with causes in 3. PUBLIC – to make the law a part of their
which the lawyer has been engaged or social consciousness.
concerning the manner of their conduct,
the magnitude of the interest involved, the CANON 6: APPLICABILITY OF CODE TO
importance of the lawyer's position; and, GOVERNMENT LAWYERS
3. All other self-laudation.
Q: Is the rule on advertisements absolute? 1. Duty of prosecutor to see that justice is
A: No. The following are considered permissible done (Rule 6.01, CPR);
advertisements: (Yellow Legal RACE) 2. Not to use public position to promote
1. Yellow pages/telephone directories private interest (Rule 6.02, CPR); and,
containing the firm name, addresses and 3. Former officials may not accept certain
contact numbers; employment (Rule 6.03, CPR).
2. Advertisements or announcement in any
Legal publication, including books, Q: What does Rule 6.03 entail?
journals, and legal magazines; A: Lawyers in the government service are
3. Reputable law lists, in a manner prohibited to engage in the private practice of their
consistent with the standards of conduct profession unless authorized by the constitution or
imposed by the canons, of brief law, provided that such practice will not conflict or
biographical and informative data, are tend to conflict with their official functions.
allowed (Ulep v. Legal Clinic, Inc., B.M.
No. 553, 1993); CHAPTER II - THE LAWYER AND THE LEGAL
4. A simple Announcement of the opening of PROFESSION
a law firm or of changes in the partnership,
associates, firm name or office address, CANON 7: UPHOLD THE DIGNITY AND
being for the convenience of the INTEGRITY OF THE PROFESSION
profession, is not objectionable (Id.);
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1. Not to make/use false statement in

application to the Bar (Rule 7.01, CPR); SUMMARY OF RULES UNDER CANON 10
2. Not to support unqualified applicant to the 1. Not to do any falsehood (Rule 10.01,
Bar (Rule 7.02, CPR); and, CPR);
3. Always conduct one’s self ethically and 2. Not to misquote or misrepresent (Rule
morally (Rule 7.03, CPR). 10.02, CPR); and,
3. Not to misuse rules of procedure (Rule
CANON 8: RELATIONSHIP WITH OTHER 10.02, CPR).
LAWYERS – CHARACTERIZED BY
COURTESY, CANDOR, AND FAIRNESS CANON 11: OBSERVING AND MAINTAINING
RESPECT DUE THE COURTS AND JUDICIAL
SUMMARY OF RULES UNDER CANON 8 OFFICERS
1. Use temperate language (Rule 8.01,
CPR); and, SUMMARY OF RULES UNDER CANON 11
2. Not encroach upon the business of 1. To appear in proper attire (Rule 11.01,
another (Rule 8.02, CPR). CPR);
2. To be punctual (Rule 11.02, CPR);
Q: Is lack of intention excusable? 3. To abstain from offensive language (Rule
A: NO. Lack or want of intention is no excuse for 11.03, CPR);
the disrespectful language employed. Counsel 4. To not attribute to a judge improper
cannot escape responsibility by claiming that his motives (Rule 11.04, CPR); and,
words did not mean what any reader must have 5. To submit grievances to proper authorities
understood them as meaning. (Rheem of the (Rule 11.05, CPR).
Philippines v. Ferrer, G.R. No. L-22979, 1967)
Q: Can lawyers be found guilty for direct
CANON 9: PREVENTING UNAUTHORIZED contempt for using contumacious language in
PRACTICE OF LAW their pleadings (motion for reconsideration)?
A: YES. Canon 11 of the CPR mandates all
SUMMARY OF RULES UNDER CANON 9 attorneys to observe and maintain the respect due
1. Not to delegate legal work to non-lawyers to the courts and to judicial officers and to insist on
(Rule 9.01, CPR); and, similar conduct by others. Rule 11.03 of the CPR
2. Not to divide fees with non-lawyers (Rule also says that a lawyer shall abstain from
9.02, CPR). scandalous, offensive or menacing language or
behavior before the Courts. An imputation in a
Q: Who are NOT allowed to be a partner or pleading of gross ignorance against a court or its
associate of a law firm? judge, especially in the absence of any evidence,
A: One who: is a serious allegation, and constitutes direct
1. Is not a lawyer; contempt of court. Derogatory, offensive or
2. Is disbarred; malicious statements contained in pleadings or
3. Has been suspended from the practice of written submissions presented to the same court
law; and, or judge in which the proceedings are pending are
4. Foreign lawyer, unless licensed by the treated as direct contempt because they are
SC. equivalent to a misbehavior committed in the
presence of or so near a court or judge as to
Q: Can a lawyer delegate his authority? interrupt the administration of justice. This is true,
A: NO. A lawyer cannot delegate his authority even if the derogatory, offensive or malicious
without client’s consent even to a qualified person. statements are not read in open court. (Habawel
v. CTA, G.R. No. 174759, 2011)
CHAPTER III - THE LAWYER AND THE
COURTS Q: What is the TEST that should be used in
criticizing a judge’s decision?
CANON 10: RELATIONSHIP WITH THE A: The test for criticizing a judge’s decision is,
COURTS – CHARACTERIZED BY CANDOR, therefore, whether or not the criticism is bona fide
FAIRNESS, AND GOOD FAITH TO THE or done in good faith, and does not spill over the
COURTS
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walls of decency and propriety. (Habawel v. CTA, 2. Not to publicly discuss pending cases
G.R. No. 174759, 2011) (Rule 13.02, CPR); and,
3. Not to invite judicial interference (Rule
CANON 12: ASSISTING THE COURT IN 13.03, CPR).
SPEEDY AND EFFICIENT ADMINISTRATION
OF JUSTICE Q: What is the SUB JUDICE RULE?
A: The sub judice rule restricts comments and
SUMMARY OF RULES UNDER CANON 12 disclosures pertaining to the judicial proceedings
1. To appear in proper attire (Rule 12.01, in order to avoid prejudging the issue, influencing
CPR); the court, or obstructing the administration of
2. To be punctual (Rule 12.02, CPR); justice. A violation of this rule may render one
3. To abstain from offensive language (Rule liable for indirect contempt under Sec. 3(d), Rule
12.03, CPR); 71 of the Rules of Court. (Romero v. Estrada, G.R.
4. Not to attribute to a judge improper No. 174105, 2009)
motives (Rule 12.04, CPR);
5. To submit grievances to proper authorities CHAPTER IV - THE LAWYER AND THE CLIENT
(Rule 12.05, CPR);
6. Not to assist a witness to misrepresent ATTORNEY-CLIENT RELATIONSHIP
(Rule 12.06, CPR);
7. Not to harass a witness (Rule 12.07, Q: What is the NATURE of the relationship
CPR); and, between lawyers and their clients? (SHF)
8. To avoid testifying for a client (Rule 12.08, A: The relationship between lawyers and their
CPR). clients is:
1. Strictly personal;
Q: What is FORUM SHOPPING? 2. Highly confidential; and,
A: Forum shopping exists when as a result of an 3. Fiduciary.
adverse opinion in one forum:
1. A party seeks favorable opinion (other Q: What are the three (3) ways in which an
than by appeal or certiorari) in another; or, attorney-client relationship is created?
2. When he institutes two or more actions or A:
proceedings grounded on the same cause 1. ORAL – counsel is employed without a
of action, on the gamble that one or the written agreement, but the conditions and
other would make a favorable disposition. amount of attorney’s fees are agreed upon
(Benguet Electric Corp. v. Flores, A.C. verbally
4058, 1998) 2. EXPRESS – when the terms and
conditions including the amount of fees,
It is also the omission to disclose pendency of an are explicitly stipulated in a written
appeal or the prior dismissal of his case by a court document which may be a private or
of concurrent jurisdiction. It constitutes direct public document. Written contract of
contempt. (Section 5, Rule 7, 1997 Rules of Court) attorney’s fees is the law between the
lawyer and the client.
The most important factor in determining the 3. IMPLIED – when there is no agreement,
existence of forum-shopping is the vexation whether oral or written, but the client
caused to the courts and to party-litigants by a allowed the lawyer to render legal services
party who asks different courts to rule on the same not intended to be gratuitous without
related causes, asking the same relief. (Roxas v. objection, and the client is benefited by
CA, G.R. No. 139227, 2001) reason thereof.
CANON 13: AVOIDING IMPROPRIETY THAT Q: When does an attorney-client relationship

TENDS TO INFLUENCE THE COURT exist?
A: An attorney-client relationship is said to exist
SUMMARY OF RULES UNDER CANON 13 when a lawyer acquiesces or voluntarily permits
1. Not to extend hospitality to a judge (Rule the consultation of a person, who in respect to a
13.01, CPR); business or trouble of any kind, consults a lawyer
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with a view of obtaining professional advice or the services of a counsel are necessary to secure
assistance. (Virgo v. Amorin, A.C. No. 7861, 2009) the ends of justice.
Q: What is the concept of RETAINER? Q: Can a lawyer decline an appointment as

A: A retainer refers to: counsel de oficio?
1. The act of the client by which he engages A: No. A lawyer shall not decline, except for
the services of an attorney to render legal serious and sufficient cause, an appointment as
advice, or to defend or prosecute his counsel de oficio or as amicus curiae or a request
cause in court; or from the Integrated Bar of the Philippines or any of
2. The fee a client pays to an attorney when its chapters for rendition of free legal aid. (Rule
he is retained, a “retaining fee”, paid to 14.02, CPR)
insure and secure his future services and
to compensate (Hilado v. David, G.R. No. General Rule: A lawyer is not obligated to
L-961, 1949) counsel for being forbidden represent any person who wishes to be his client
from acting as counsel for the other party. (Enriquez v. Gimenez, G.R. No. L-12817, 1960)
Q: What are the two (2) KINDS of retainer Exceptions:

agreements? What are its purposes? 1. A lawyer may not refuse to represent an
A: indigent client unless he is relieved by the
1. GENERAL RETAINER – The purpose is court for sufficient cause. (People v.
to secure beforehand the services of an Irisuilo, G.R. No. L-1473, 1948; Ledesma
attorney for any legal problem that may v. Climaco, G.R. No. L-23815, 1974)
afterward arise. a. He is not in a position to carry out
2. SPECIAL RETAINER - The purpose is to the work effectively or
a particular case or service. (Agpalo, competently; or
Legal and Judicial Ethics, p.186) b. There exists a conflict of interest
between him and the prospective
CANON 14: CREATION OF ATTORNEY client.
CLIENT-RELATIONSHIP 2. A government lawyer is called upon to
represent the government, any of its
SUMMARY OF RULES UNDER CANON 14 agencies or any officer thereof unless he
1. Not to decline to represent unpopular is disqualified to act as counsel.
clients (Rule 14.01, CPR); (Enriquez, Sr. v. Gimenez, G.R. No. L-
2. Not to decline appointment by the court or 121817; Reyes v. Cornista, G.R. No. L-
by IBP (Rule 14.02, CPR); 55555, 1953; Municipality of Bocaue v.
3. To refuse to represent indigent on valid Manotok, G.R. No. L-6528, 1953; Aquador
grounds (Rule 14.03, CPR); v. Enerio, G.R. No. L-20388, 1971; Callejo
a. Not in a position to carry out the v. Court of Appeals, G.R. No. 156413,
work effectively or competently; 2004)
or,
b. Labors under a conflict of interest CANON 15: OBSERVING CANDOR, FAIRNESS,
between: AND LOYALTY IN DEALING WITH CLIENTS
i. Him/her and the
prospective client; or, SUMMARY OF RULES UNDER CANON 15
ii. Present client and the 1. OBSERVE CANDOR, FAIRNESS, AND
prospective client; LOYALTY TO CLIENTS
4. To observe the same standard with all a. To ascertain possible conflicts of
clients (Rule 14.04, CPR). interest (Rule 15.01, CPR); and,
b. To preserve the secrets of a
Q: What is COUNSEL DE OFICIO? prospective client (Rule 15.02,
A: He is the lawyer assigned by the court to render CPR);
professional aid, free of charge, to any party in a 2. PROHIBITION AGAINST
case if upon investigation it appears that the party REPRESENTING CONFLICTING
is destitute and unable to employ a lawyer and that INTERESTS
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a. Not to represent conflicting (Northwestern University v. Arquillo, A.C.

interests (Rule 15.03, CPR); and, No. 6632, 2005)
b. May act as a mediator, conciliator,
or arbitrator with the written Q: What are the EXCEPTIONS TO THE RULE
consent of all concerned (Rule ON CONFLICT OF INTEREST? (WANA)
15.04, CPR). A:
3. CANDID ADVICE AND LAWFUL 1. Before the controversy reaches the court
PERFORMANCE OF DUTIES and where all the parties concerned
a. To give candid advice on merits of express their Written consent to the
a case (Rule 15.05, CPR); representation after full disclosure of facts;
b. Not to undertake influence- (Nakpil v. Valdes, A.C. No. 2040, 1998)
peddling (Rule 15.06, CPR); 2. With the written consent of All concerned,
c. To impress upon clients a lawyer may act as a mediator,
compliance with laws (Rule 15.07, conciliator, or arbitrator in setting disputes;
CPR); and, (Rule 15.04, CPR)
d. To make clear whether he/she is 3. Where No true attorney-client relationship
acting in another capacity (Rule is attendant; and,
15.08, CPR). 4. With the written consent of a former client,
a lawyer, with full disclosure to a
Q: What is the RULE REGARDING CONFLICT prospective client, Accepts employment
OF INTERESTS? from the latter against the former.
A: It is generally the rule based on sound public (Bautista v. Gonzales, A.M. No. 1625,
policy that an attorney cannot represent adverse 1990)
interests. It is highly improper to represent both
sides of an issue. (Nakpil v. Valdez, A.C. No. 2040, Q: Does the attorney-client privilege apply
1998) solely to lawyers?
A: NO. The rule of confidentiality and attorney-
Q: What are the four (4) SEPARATE TESTS in client privilege also applies to an attorney's
determining whether there is conflict of secretary, stenographer or clerk, who in such
interest when lawyers represent two or more capacity has acquired confidential information
clients? (COPI) from the attorney's client.
A:
1. In accepting the new relation, the lawyer Q: What is the DURATION of attorney-client
will be called upon to use Confidential privilege?
information acquired through their A: It is a perpetual duty that continues even after
connection against a client. (Quiambao v. the attorney-client relationship has been
Bamba, A.C. No. 6708, 2005) terminated (Canon 21, CPE; Canon 37, CPR) and
2. When in representation of one client, a even after the death of the client. Once
lawyer is required to fight for an issue or professional confidence is reposed, it cannot be
claim, but is also duty bound to Oppose it divested by either event.
for another client;
3. When the acceptance of the new retainer Q: What are the EXCEPTIONS to the perpetuity
will require an attorney to perform an act of attorney-client privilege?
that may Injuriously affect the first client or A:
when called upon in a new relation to use 1. When removed by the client himself;
against the first one any knowledge (Agpalo, Legal and Judicial Ethics, p.266,
acquired through their professional 2009)
connection; 2. When removed after the death of the client
4. When the acceptance of the new relation by his heir or legal representative;
would Prevent the full discharge of an (Agpalo, Legal and Judicial Ethics, p.266,
attorney's duty to give undivided fidelity 2009)
and loyalty to the client or would invite 3. When a supervening act done pursuant to
suspicion of unfaithfulness or double the purpose of the communication causes
dealing in the performance of that duty. such communication to lose its privileged
character such as:
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a. Communication sent by client 2. Any of the four (4) elements of Art. 1491
through his attorney once it has are missing.
reached a third party recipient;
(Uy Chico v. Union Life Q: Due to the relation of trust or their peculiar
Assurance Society, G.R. No. L- control either directly or indirectly and even at
9231, 1915) and, a public or judicial auction, who are the people
b. The contents of a pleading before prohibited from acquiring property under
it is filed. (Agpalo, Legal and litigation? (GAPE-JO)
Judicial Ethics, p. 266, 2009) A:
1. Guardians;
CANON 16: LAWYER AS TRUSTEE OF 2. Agents
CLIENT’S MONIES AND PROPERTIES 3. Public officers and employees
4. Executors and administrators
SUMMARY OF RULES UNDER CANON 16 5. Judicial officers and employees
1. To account for client’s funds (Rule 16.01, 6. Others specially disqualified by law. (Art.
CPR); 1491, Civil Code)
2. Not to commingle client’s funds (Rule
16.02, CPR); Q: What is the duty of a lawyer who holds his
3. To deliver funds to client, subject to lien client’s money on the latter’s behalf?
(Rule 16.03, CPR); and, A: A lawyer shall account for all money or property
4. Not to borrow from, nor lend money to, collected or received for or from the client. (Rule
client (Rule 16.04, CPR). 16.01, CPR)
Civil Code, ARTICLE 1491 Q: What is the effect if the lawyer fails to return
The following persons cannot acquire or purchase, the money that he held for his client?
even at a public or judicial auction, either in person A: Failure to deliver upon demand gives rise to the
or through the mediation of another: xxx presumption that he has misappropriated the
(5) … lawyers, with respect to the property and funds for his own use to the prejudice of the client
rights which may be the object of any litigation in and in violation of the trust reposed in him.
which they may take part by virtue of their (Arellano University v. Mijares, A.C. No. 8380,
profession. 2009)
Q: What are the ELEMENTS OF ARTICLE CANON 17: LAWYER’S DUTY OF ENTIRE
1491(5) of the Civil Code? (CAPI) DEVOTION TO CLIENT’S CAUSE –
A: CHARACTERIZED BY TRUST AND
1. The attorney takes part as Counsel in the CONFIDENCE
case;
2. There is an Attorney-client relationship; Q: What is the EFFECT OF DECEIT OR
3. The attorney by himself or through MISREPRESENTATION?
another Purchases or acquires such A: A lawyer may be suspended or disbarred for
property or interest; and, deceit or misrepresentation to the prejudice of or
4. The property or interest of the client must as a means to defraud his client. Implicit in these
be In litigation. fraudulent acts are bad faith on the part of the
lawyer and material damage to the client, which
Note: Acquisition includes mortgage of property in are the requisites that should concur to justify the
litigation to lawyer. In this case, acquisition is suspension or disbarment of the lawyer on the
merely postponed until foreclosure but the effect is ground deceit or misrepresentation.
the same.
CANON 18: LAWYER’S DUTY OF ENTIRE
Q: What are the EXCEPTIONS to this DEVOTION TO CLIENT’S CAUSE –
prohibition? CHARACTERIZED BY COMPETENCE AND
A: DILIGENCE
1. Property is acquired by lawyer through a
contingent fee arrangement; and, SUMMARY OF RULES UNDER CANON 18
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1. To render service only when qualified to a. The Customary charges for

do so (Rule 18.01, CPR); similar services and the schedule
2. Not to handle a case without adequate of fees of the IBP chapter to which
preparation (Rule 18.02, CPR); and, he belongs;
3. Not to neglect matters entrusted to him b. The Amount involved in the
(Rule 18.03, CPR). controversy and the benefits
resulting to the client from the
Q: What is the EFFECT OF NEGLIGENCE in the services;
performance of duties? c. The Time spent and the extent of
A: The failure to exercise due diligence or the the services rendered or required;
abandonment of the client’s cause makes the d. The Skill demanded;
lawyer unworthy of the trust which the client has e. The Importance of the subject
reposed in him. There is no hard and fast rule as matter;
to what is gross misconduct in the performance of f. The Novelty and difficulty of the
the lawyer’s duty to his client. That question questions involved;
depends upon the circumstances of the case, the g. The Probability of losing other
nature of the act done and the motive which employment as a result of
induced him to do the act charged. acceptance of the proffered case;
h. The Contingency or certainty of
CANON 19: LAWYER’S DUTY OF compensation;
REPRESENTATION WITH ZEAL i. The Character of the
employment, whether occasional
SUMMARY OF RULES UNDER CANON 19 or established; and,
1. To employ only fair and honest means j. The professional Standing of the
(Rule 19.01, CPR); lawyer.
2. To rectify client’s fraud (Rule 19.02, CPR); 2. Entitled to fees based on work performed
and, (Rule 20.02, CPR);
3. Not to allow clients to dictate on the law 3. Not to receive fee from another without
(Rule 19.03, CPR). client’s consent (Rule 20.03, CPR); and,
4. To avoid controversies with clients
Q: What are the effects of the negligence of concerning fees (Rule 20.04, CPR).
lawyers on their client’s cases?
A: As a general rule, the client is bound by the Q: What is a CHAMPERTOUS CONTRACT?
negligence of his/her counsel. The only exception A: It is an agreement wherein a lawyer conducts
is when the negligence of the counsel is so gross the litigation on his own account, bearing all the
that the client is deprived of due process. expenses, and the client agrees to pay a portion of
(Encarnacion v. People, G.R. No. 189955, 2014) the proceeds of a judgment as lawyer’s fees. It is
void for being obnoxious to the law and public
This is known as the DOCTRINE OF IMPUTED policy.
KNOWLEDGE.
Q: What is a CONTINGENT FEE CONTRACT?
Q: What are the EXCEPTIONS TO THE A: It is one wherein the lawyer agrees to be paid
DOCTRINE OF IMPUTED KNOWLEDGE? depending on the success of his efforts (not
A: necessarily for the same money or payment
1. Reckless imprudence (deprives client of subject of the case).
due process); and,
2. Results in outright deprivation of one’s Q: What are the two (2) KINDS of attorney’s
property through technicality. lien?
A:
CANON 20: ATTORNEY’S FEES 1. CHARGING LIEN - an equitable right to
have fees and lawful disbursements due a
SUMMARY OF RULES UNDER CANON 20 lawyer for his services in a suit secured to
1. Guides in determining amount of fees him out of the judgment for the payment of
(Rule 20.01, CPR) (CATS IN PCCS); money and executions issued in
pursuance thereof in the particular suit.
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2. RETAINING LIEN – a right merely to 4. To disclose affairs of client to partners

retain the funds, documents and papers (Rule 21.04, CPR);
as against the client until the attorney is 5. To adopt measures against disclosure of
fully paid. client’s secrets (Rule 21.05, CPR);
6. To avoid indiscreet conversation about
Q: What are the REQUISITES OF A CHARGING client’s affairs (Rule 21.06, CPR); and,
LIEN? (FERN-C) 7. Not to reveal his/her having been
A: consulted (Rule 21.06, CPR).
1. Favorable judgment secured by the
counsel for his client which judgment is a Q: Are all types of communication between the
money judgment; lawyer and the client confidential?
2. Existence of a lawyer-client relationship; A: NO. The mere establishment of a client-lawyer
3. Attorney Rendered services; relationship does not raise a presumption of
4. Nothing in the records of the case through confidentiality. There must be intent or that the
the filing of an appropriate motion of the communication relayed by the client to the lawyer
statement of the lawyer’s claim for be treated as confidential. (Mercado v. Atty
attorney’s fee with copies furnished to the Vitriolo, A.C. No. 5108, 2005)
client and adverse party; and,
5. Attorney has a Claim for attorney’s fees or Q: What are the REQUISITES FOR PRIVILEGED
advances. COMMUNICATION to exist? (R-Con-Prof)
A:
Q: What are the REQUISITES OF A RETAINING 1. There exists an attorney-client
LIEN? (PUR) Relationship, or a prospective attorney-
A: client relationship, and it is by reason of
1. Lawful Possession by the lawyer of the this relationship that the client made the
client’s funds, documents and papers in communication;
his professional capacity; 2. The client made the communication in
2. Unsatisfied claim for attorney’s fees; and, Confidence; and,
3. Attorney-client Relationship. 3. The legal advice must be sought from the
attorney in his Professional capacity.
Q: What is QUANTUM MERUIT? (Jimenez v. Atty. Francisco, A.C. No.
A: It means as much as the lawyer deserves or 10548, 2014)
such amount as his services merit.
Q: What are the EXCEPTIONS for the non-
Q: How are Attorney’s Fees determined based disclosure of communications?
on Quantum Meruit? (TINS) A:
A: 1. Consent or waiver by the client;
1. Time spent and extent of the services 2. When disclosure is required by law;
rendered or required; 3. When disclosure is made to protect the
2. Importance of the subject matter; lawyer’s rights (i.e. to collect his fees or
3. Novelty and difficulty of questions defend himself); and,
involved; and, 4. When such communications are made in
4. Skill demanded of a lawyer. contemplation of a crime or the
perpetuation of a fraud.
CANON 21: PRESERVING CLIENT’S
CONFIDENCE Q: What are the EXCEPTIONS TO THE
EXCEPTIONS?
SUMMARY OF RULES UNDER CANON 21 A:
1. Not to reveal client’s confidence (Rule 1. Announcements of intention of a client to
21.01, CPR); commit a crime;
2. Not to use client’s secrets without the 2. Client jumped bail and lawyer knows his
latter’s consent (Rule 21.02, CPR); whereabouts;
3. Not to give information from files (Rule 3. Client is living somewhere under an
21.03, CPR); assumed name; and,
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4. Communication involves the commission 6. Death of the lawyer, unless it is a Law

of future fraud or crime. Firm, in which case, the other partners
may continue with the case;
Note: Crimes/frauds “already committed” fall 7. Death of the client as the relationship is
within the attorney-client privilege. personal, and one of agency
8. Discharge or dismissal of the lawyer by
CANON 22: WITHDRAWING SERVICES FOR A the client, for the right to dismiss a counsel
GOOD CAUSE is the prerogative of the client, subject to
certain limitations;
SUMMARY OF RULES UNDER CANON 22 9. Disbarment or suspension of the lawyer
1. To withdraw only for good cause (MI from the practice of law;
VIDEO) (Rule 22.01, CPR); and, 10. Declaration of the presumptive death of
a. When the Mental or physical the lawyer (Art. 390, Civil Code; Art. 41,
condition of the lawyer renders it Family Code “FC” for brevity)
difficult for him to carry out the
employment effectively; Q: How does a LAWYER terminate the
b. When his Inability to work with co- attorney-client relationship?
counsel will promote the best A: By procuring the written consent of his client or
interest of the client; by permission of the court after due notice and
c. When the client insists that the hearing, the attorney ensures that the name of the
lawyer pursue conduct Violative new attorney is recorded. If he cannot get the
of the canons and rules; written consent, he must make an application to
d. When the client pursues an Illegal the court, as the relation does not terminate until
or immoral course of conduct in there is a withdrawal of the record. He must serve
connection with the matter he is a copy of his petition upon his client and the
handling; adverse party at least 3 days before the date set
e. When the client Deliberately fails for hearing. (Visitacion v. Manit, G.R. No. L-27231,
to pay the fees for the services or 1969)
fails to comply with the retainer
agreement; Q: Is the procedure the same when the CLIENT
f. When the lawyer is Elected or terminates the relationship?
appointed to a public office; and, A: NO. A client has the absolute right to discharge
g. Other similar cases. his attorney at any time with or without cause or
2. Not be prejudiced by such withdrawal to even against his consent.
attorney’s lien (Rule 22.02, CPR).
Q: When is the attorney-client relationship

TERMINATED? (IF-CAW-D5)
A:
1. Intervening Incapacity or incompetence of
the client during the pendency of the case,
for then the client loses his capacity to
contract, or to control the subject matter of
the action. The guardian may authorize
the lawyer to continue his employment;
2. Full termination of the case;
3. Conviction for a crime and imprisonment
of the lawyer for quite some time;
4. Appointment or election of a lawyer to the
government position which prohibits
private practice of law;
5. Withdrawal of the lawyer under Rule
22.01;
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3. DISQUALIFICATION / INHIBITIONS FOR JUDGES

Q: What are the different grounds for disqualifications/inhibitions for judges?
A:
NEW CODE OF JUDICIAL CONDUCT RULES OF COURT

(CANON 3, SEC. 5) (RULE 137)
MANDATORY Judges shall disqualify themselves from No judge or judicial officer shall sit in any
participating in any proceedings in which case in which:
they are unable to decide the matter
impartially, or in which it may appear to a
reasonable observer that they are unable to
decide the matter impartially. Such
proceedings include, but are not limited to,
instances where:
(a) The judge has actual bias or prejudice

concerning a party or personal knowledge
of disputed evidentiary facts concerning the
proceedings;
(b) The judge previously served as a lawyer

or was a material witness in the matter in
controversy;
(c) The judge, or a member of his or her

family, has an economic interest in the
outcome of the matter in controversy;
(d) The judge served as executor, he has been executor, administrator,

administrator, guardian, trustee or lawyer in guardian, trustee or counsel;
the case or matter in controversy, or a
former associate of the judge served as
counsel during their association, or the
judge or lawyer was a material witness
therein;
(e) The judge’s ruling in a lower court is the he has presided in any inferior court
subject of review; when his ruling or decision is the subject
of review, without the written consent of
all parties in interest, signed by them and
entered upon the record;
(f) The judge is related by consanguinity or he is related to either party within the
affinity to a party litigant within the sixth civil sixth degree of consanguinity or affinity,
degree or to counsel within the fourth civil or to counsel within the fourth degree,
degree; or computed according to the rules of the
civil law;
(g) The judge knows that his or her spouse he, or his wife or child is pecuniarily
or child has a financial interest, as heir, interested as heir, legatee, creditor or
legatee, creditor, fiduciary, or otherwise, in otherwise;
the subject matter in controversy or in a
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NEW CODE OF JUDICIAL CONDUCT RULES OF COURT

(CANON 3, SEC. 5) (RULE 137)
party to the proceeding, or any other

interest that could be substantially affected
by the outcome of the proceedings;
WAIVER Instead of withdrawing from the proceeding, Objections to the disqualification can be
a judge who is subject to mandatory waived by written consent of all parties
disqualification can disclose on the records in interest, signed by them and entered
the basis of disqualification. If, based on upon the record.
such disclosure, the parties and lawyers all
agree in writing, independently of the
judge's participation, that the reason for the
inhibition is immaterial or unsubstantial, the
judge may then participate in the
proceeding. The agreement must be signed
by all parties and lawyers and incorporated
in the record of the proceedings. (Sec. 6)
VOLUNTARY A judge may, in the exercise of his sound

discretion, disqualify himself from sitting
in a case, for just or valid reasons other
than those mentioned above.
4. DIRECT AND INDIRECT CONTEMPT court, including the act of a person who,
after being dispossessed or ejected from
Q: What is direct contempt? any real property by the judgment or
A: A person may be punished for direct contempt process of any court of competent
when he is guilty of misbehavior in the presence of jurisdiction, enters or attempts or induces
or so near a court as to obstruct or interrupt the another to enter into or upon such real
proceedings before the same, including disrespect property, for the purpose of executing acts
toward the court, offensive personalities toward of ownership or possession, or in any
others, or refusal to be sworn or to answer as a manner disturbs the possession given to
witness, or to subscribe an affidavit or deposition the person adjudged to be entitled thereto;
when lawfully required to do so. 2. The Rescue, or attempted rescue, of a
person or property in the custody of an
Q: What is the penalty for direct contempt? officer by virtue of an order or process of
A: Direct contempt is punished by a fine not a court held by him.
exceeding two thousand pesos or imprisonment 3. Any Abuse of or any unlawful interference
not exceeding ten (10) days, or both, if it be a with the processes or proceedings of a
Regional Trial Court or a court of equivalent or court not constituting direct contempt
higher rank, or by a fine not exceeding two under section 1 of this Rule;
hundred pesos or imprisonment not exceeding 4. Misbehavior of an officer of a court in the
one (1) day, or both, if it be a lower court. (Rule 71, performance of his official duties or in his
Sec.1, ROC) official transactions;
5. Assuming to be an attorney or an officer
Q: What is indirect contempt? of a court, and acting as such without
A: A person guilty of any of the following acts may authority;
be punished for indirect contempt: (DRAMA-FID) 6. Failure to obey a subpoena duly served;
1. Disobedience of or resistance to a lawful
writ, process, order, or judgment of a
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7. Any Improper conduct tending, directly or

indirectly, to impede, obstruct, or degrade
the administration of justice;
8. Disobedience of or resistance to a lawful
writ, process, order, or judgment of a
court, including the act of a person who,
after being dispossessed or ejected from
any real property by the judgment or
process of any court of competent
jurisdiction, enters or attempts or induces
another to enter into or upon such real
property, for the purpose of executing acts
of ownership or possession, or in any
manner disturbs the possession given to
the person adjudged to be entitled thereto.
(Rule 71, Sec.3, ROC)
Q: What is the penalty for indirect contempt?

A: If the respondent is adjudged guilty of indirect
contempt committed against a RTC or a court of
equivalent or higher rank, he may be punished by
a fine not exceeding thirty thousand pesos or
imprisonment not exceeding six (6) months, or
both. If he is adjudged guilty of contempt
committed against a lower court, he may be
punished by a fine not exceeding five thousand
pesos or imprisonment not exceeding one (1)
month, or both. If the contempt consists in the
violation of a writ of injunction, temporary
restraining order or status quo order, he may also
be ordered to make complete restitution to the
party injured by such violation of the property
involved or such amount as may be alleged and
proved. (Rule 71, Sec. 7, ROC).
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C. PRACTICAL EXERCISES 1. PARTS OF CONVEYANCING,

AFFIDAVITS
A. CONTRACT OF SALE
C. PRACTICAL EXERCISES
1. Parts of conveyancing, affidavits Q: What are the parts of a typical deed of sale?
2. Parts of pleadings, motions (TAF-CAS-SA)
A:
1. Title
2. Announcement
3. First Party
4. Consideration
5. Act or Conveyance
6. Second Party
7. Signature of Parties/ Witnesses)
8. Acknowledgment
Form: Deed of Sale of Personal Property (Motor Vehicle)

DEED OF ABSOLUTE SALE
OF A MOTOR VEHICLE
KNOW ALL MEN BY THESE PRESENTS:
This Deed of Absolute Sale (the “AGREEMENT”) is made and executed into this [day] of [Month] [Year]
at [Place], by and between:
ELON MUSKETEER Filipino, of legal age, married, and with address at [Address], (“SELLER”)
And
BANG HYUNGA, Filipino, of legal age, married, and with address at [Address], (“BUYER”)
WITNESSETH: That –
WHEREAS:
A. SELLER is the registered owner of a motor vehicle in fee simple as shown by Certificate of
Registration No. [xxx], a copy of which is hereto attached as Annex “A” and specifically described
as follows:
MAKE: ENGINE NO:
SERIES: SERIAL/CHASIS
NO.:
TYPE OF BODY: PLATE NO.:
YEAR MODEL: FILE NO.:
B. BUYER intends to buy the Motor Vehicle.
NOW, WHEREFORE, premises considered, the Parties hereby agree as follows:

1. The SELLER hereby sells, assigns, conveys, and transfers absolutely and unconditionally unto
the BUYER the Motor Vehicle, and the BUYER accepts the same, on an as-is-where-is basis;
2. The BUYER shall pay for the Motor Vehicle the amount of [INSERT AMOUNT IN WORDS]
PESOS (PhP XXX.00);
3. The BUYER shall bear all expenses for the execution and registration of this deed of sale.
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IN WITNESS WHEREOF, the parties have signed this contract on this __th day of [Month] [Year] at
[Place of Signing]
By: By:
ELON MUSKETEER BANG HYUNGA

SELLER BUYER
Note: If the Buyer and/or Seller is married, marital consent must be

secured; thus, the Deed must also indicate this. Hence, add the
following:
With my consent:
NAME OF SPOUSE OF BUYER/SELLER

Seller (Buyer)’s Wife/Husband
SIGNED IN THE PRESENCE OF
[WITNESS 1 NAME] [WITNESS 2 NAME]
[INSERT ACKNOWLEDGMENT]
Form: Deed of Sale of Registered Real Property

REPUBLIC OF THE PHILIPPINES )
City of __________ ) S.S.
DEED OF ABSOLUTE SALE
This Deed of Absolute Sale (“Deed”) is entered into this [day] of [Month] [Year] at [Place], between:
MARITES SANTOS, of legal age, single/married to (Name of spouse if any), Filipino, and with residence
and postal address at (Address of Seller), hereinafter referred to as the “SELLER”
and
BOGART AND MARITES INC., a corporation organized and existing under the laws of the Republic of
the Philippines, with business address at (Address of Buyer), duly represented herein by its Position of
Authorized Representative), (Name of Authorized Representative), and hereinafter referred to as the
“BUYER”
(the Seller and the Buyer are hereinafter collectively referred to as the “Parties”)
WITNESSETH: That –
WHEREAS:
A. SELLER is the registered owner in fee simple of a parcel of land with improvements covered by
[Transfer or Original Certificate] Title No. [XX], issued by the Register of Deeds of
[City/Municipality] (the “Property”); and
B. BUYER intends to buy the Property.
NOW, WHEREFORE, premises considered, the Parties hereby agree as follows:
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1. SELLER shall SELL, TRANSFER, and CONVEY absolutely and unconditionally to BUYER the
Property or certain parcel(s) of land, together with the buildings and improvements thereon
situated in the City of Makati, and more particularly described as follows:
[Technical Description of property; specify metes and bounds of the property with approximate
area thereof, as indicated on the face of the title]
2. BUYER shall pay for the Property the amount of [AMOUNT IN WORDS] PESOS (PhP XXX.00).
IN WITNESS WHEREOF, the parties have signed this contract on this __th day of [Month] [Year] at
[Place of Signing]
By: By:
MARITES SANTOS BOGART AND MARITES INC.,

SELLER
Represented by: KRIZZY
FERMIN
BUYER
Note: If the Buyer and/or Seller is married, marital consent must be

secured; thus, the Deed must also indicate this. Hence, add the
following:
With my consent:
NAME OF SPOUSE OF BUYER/SELLER

Seller(Buyer)’s Wife/Husband
SIGNED IN THE PRESENCE OF
[WITNESS 1 NAME] [WITNESS 2 NAME]
c. Difference of rules on conveyance of real property versus personal property.

SALE OF REAL PROPERTY SALE OF PERSONAL PROPERTY
For transactions involving real rights to be General Rule: An agreement for the sale of goods,
enforceable, they must be in writing and chattels, or things in action, at a price not less than
subscribed by the parties charged. As a general P500, must be in writing, or else it is unenforceable.
rule, evidence of the agreement cannot be (Civil Code, Art. 1403 (2) (d))
received without the writing. (Civil Code, Art. 1403
(2) (e)) Exceptions:
1. If the buyer accepts and receives part of
A contract involving real rights which is in writing such goods and chattels, or the evidences,
and subscribed by the parties, but is not found in a or some of them, of such things in action or
public instrument, is valid. Thus, as a general rule, pays at the time some part of the purchase
a defective notarization does not affect the validity money, the contract becomes enforceable.
of a contract. However, the instrument becomes a 2. When a sale is made by auction and entry
private instrument which must be proved following is made by the auctioneer in his sales book,
the rules in Sections 20-22 of Rule 132 of the Rules at the time of the sale, of the amount and
of Court. (Teoco v. Metrobank, G.R. No. 162333, kind of property sold, terms of sale, price,
2008) names of the purchasers and person on
whose account the sale is made, then the
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SALE OF REAL PROPERTY SALE OF PERSONAL PROPERTY

For deeds, conveyances, encumbrances, sale is also enforceable. (Civil Code, Art.
discharges, powers of attorney and other voluntary 1403 (2)(d))
instruments involving real property to be
registrable with the Register of Deeds, the
Property Registration Decree requires the
following:
1. The transaction must be contained in a
public instrument
2. The instrument must be signed by the
person/s executing the same in the
presence of at least two witnesses, who
shall likewise sign it
3. The instrument must be acknowledged to
be the free act and deed of the person/s
executing the same before a notary public
or other authorized public officer
4. Where the instrument consists of two or
more pages, including the page whereon
acknowledgment is written, each page of
the copy which is to be registered, except
the page where the signatures already
appear at the foot of the instrument, shall be
signed on the left margin by the person/s
executing the instrument and their
witnesses, and all the pages sealed with the
notarial seal, and this fact as well as the
number of pages shall be stated in the
acknowledgment.
5. Where the instrument acknowledged relates
to a sale, transfer, mortgage or
encumbrance of two or more parcels of
land, the number thereof shall likewise be
set forth in said acknowledgment. (P.D.
1529, Sec. 112)
B. CONTRACT OF LEASE
Form: Contract of Lease
CITY OF MAKATI ) S.S.
CONTRACT OF LEASE
This Agreement is made and entered into at the City of Makati, this __th day of [MONTH], [YEAR], by
and between:
GANDARA PARK, of legal age, married to CARDIO DALISAY (LESSOR), and resident of Makati City,
and
CHAROT SANTOS, of legal age, single and resident of Quezon City (LESSEE)
WITNESSETH that:
1. In consideration of a monthly rental of [AMOUNT IN WORDS] PESOS (PhP XXX.00) and the
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covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment located at
[ADDRESS] covered by Tax Declaration No. [XXX] for a period of TWELVE (12) MONTHS from
signing of this contract.
2. The LESSEE covenants, as follows:

2.1. To pay the rentals on or before the fifth day of each month, without need of demand at the
residence of LESSOR;
2.2. To keep the premises in good and habitable condition, making the necessary repairs inside and
outside the house;
2.3. Not to make major alterations and improvements without the written consent of the LESSOR
and in the event of such unauthorized major alterations and improvements, surrendering
ownership over such improvements and alterations to the LESSOR upon expiration of this
lease;
IN WITNESS WHEREOF, the parties have signed this contract on the __th day of [MONTH] [YEAR] in
[PLACE OF SIGNING].
(sgd.) (sgd.)
GANDARA PARK CHAROT SANTOS
Lessor Lessee
With my consent:
(sgd.)
CARDIO DALISAY
SIGNED IN THE PRESENCE OF:
_____________________________ _____________________________
WITNESS 1 WITNESS 2
C. AFFIDAVITS
Q: What are the parts of an AFFIDAVIT? (2) For Judicial affidavits
A: General Rule: Every pleading stating a party’s
claims or defenses shall, in addition to those
(1) For all kinds of affidavit: mandated by Section 2, Rule 7, state the
(PaTi-VenO-ReSiJu) (+ Notarial Certificate) following:
1. Party/ies a. Names of witnesses who will be
2. Title presented to prove a party’s claim or
3. Venue defense;
4. Oath b. Summary of the witnesses’ intended
5. Recitals (which must be based on testimonies, provided that the judicial
personal knowledge) affidavits of said witnesses shall be
6. Signature attached to the pleading and form an
7. Jurat integral part thereof. Only witnesses
whose judicial affidavits are attached to
the pleading shall be presented by the
parties during trial.
Rule: Except if a party presents meritorious

reasons as basis for the admission of additional
witnesses, no other witness or affidavit shall be
heard or admitted by the court (Rules of Court,
Rule 7, Sec. 6).
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Form: Basic Template for All Affidavits

CITY OF ______________________) S.S.
AFFIDAVIT
I, ARIANA VENTI of legal age with address at [address], after being sworn in accordance with law, do
hereby depose and state that:
1. [INSERT RECITAL OF FACTS ATTESTED TO OR AFFIRMED IN THE AFFIDAVIT. NOTE THAT

THESE “FACTS” SHOULD BE BASED ON THE AFFIANT’S PERSONAL KNOWLEDGE.]
2. [ x x x ]
3. [ x x x ]
I have nothing further to say at this time.
IN WITNESS WHEREOF, I have affixed my signature on this [date] in the [place].
(sgd.)
ARIANA VENTI
Affiant
[INSERT JURAT]
Form: Judicial Affidavit

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH #, [Venue]
Mavie Taehyung,
Plaintiff,
- versus – Civil Case No. 16-228
For: Damages
Kalinda Sharma,
Defendant.
x------------------------------------------------x
JUDICIAL AFFIDAVIT
OF MAVIE PERIPERI
I, Mavie Taehyung, Filipino, of legal age, single, residing at 888 Katipunan Avenue, Quezon
City, after having been duly sworn to in accordance with law, and consciously knowing that I am under
oath, and with understanding that I may face criminal liability for false testimony or perjury, I hereby
answer the following questions from Atty. Jin Demaisip with office address at 123 Fairview, Quezon City,
who conducted this examination in her office.
OFFER OF TESTIMONY
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The following testimony of affiant, Ms. Mavie Taehyung is being offered to identify the Contract
of Sale entered into between Ms. Mavie Taehyung and Ms. Kalinda Sharma; and other matters in relation
thereto.
TESTIMONY PROPER
1. Q: Please state your name and personal circumstances.
A: I am Mavie Taehyung, Filipino, single, 23 years of age and with residence at 888 Katipunan
Avenue, Quezon City.
2. Q: What is your present occupation?
A: I am an associate at Stern, Lockhart and Gardner.
3. Q: How did you meet Ms. Kalinda Sharma?
A: We went to law school together.
4. Q: What took place between you and Ms. Kalinda Sharma?
A: We entered into a Contract of Sale on June 19, 2020 over 18 units of iPhone Xs.
5. Q: What was the consideration?
A: I was to pay P20,000 for each unit.
6. Q: I am showing you a document consisting of one page which has been marked as Exhibit “A”.
How is this document related to the Contract of Sale dated June 19, 2020 you mentioned?
A: They are the same.
(Manifestation: Your Honor, the witness submitted and identified the Contract of Sale dated June 19,
2020. Let the same be marked as Exhibit “A”)
7. Q: When were these iPhone units to be delivered?
A: These were to be delivered after Ms. Kalinda Sharma encashes my cheque.
8. Q: What happened after the encashment of the cheque?
A: Ms. Kalinda Sharma delivered 18 units of iPhone Xs to me, but they were not in working
condition.
9. Q: What did you do upon realizing these iPhone X units were not working?
A: I demanded that these units be replaced.
10. Q: After demanding for replacement, what did Ms. Kalinda Sharma do?
A: She refused to replace them.
11. Q: After her refusal to replace them, what did you do?
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A: I asked that my money be returned instead.
12. Q: After asking for the return of your money, what did Ms. Kalinda Sharma do?
A: She refused to return my money.
13. Q: What happened after Ms. Kalinda Sharma’s refusal to return your money?
A: I filed this civil case for damages.
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of November, 2020 at Makati City.
Mavie Taehyung
Affiant
[INSERT JURAT + NOTARIAL CERTIFICATE]

SWORN ATTESTATION
I, [NAME OF LAWYER], with office address at [INSERT ADDRESS] attest under oath that:
1. I faithfully recorded the questions asked and the corresponding answers given by the witness,
MAVIE TAEHYUNG;
2. I faithfully recorded the questions I asked KATY PERIPERI and the corresponding answers she
gave us; and
3. Neither I nor any other person present, coached KATY PERIPERI regarding her answers.
[NAME OF LAWYER]
———————————-
Affiant
[INSERT JURAT + NOTARIAL CERTIFICATE]
Q: What are the parts of a Notarial Certificate?

A: Parts of a Notarial Certificate. (PINo-DARNA or PIANo-NARD)
1. Name
2. Notary Public for Venue
3. Appointment No.
4. Date of expiry
5. Address/Regular Place of Work or Business
6. Roll No.
7. IBP No.
8. PTR No.
Notarial acts executed by a notary public always feature the above notarial certificate. (Rule II, Sec. 8 of
2004 Rules on Notarial Practice)
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Form: Notarial Certificate

Signature of Notary Public]
CORONA V. IRUS
Notary Public for Makati City
Appointment No. 234 until Dec. 31, 2019

874 Swallow St., Makati City
Roll No. 12345
IBP No. 225; issued Jan. 2, 2017; IBP Makati Chapter
PTR No. 24; issued Jan. 3, 2017; Makati City
Differences between a Jurat and an Acknowledgement.

JURAT ACKNOWLEDGEMENT
“Jurat” refers to an act in which an individual on a "Acknowledgment" refers to an act in which an
single occasion: individual on a single occasion:
1. appears in person before the notary public 5. appears in person before the notary public
and presents an instrument or document; and presents an integrally complete
2. is personally known to the notary public or instrument or document;
identified by the notary public through 6. is attested to be personally known to the
competent evidence of identity as defined by notary public or identified by the notary public
these Rules; through competent evidence of identity as
3. signs the instrument or document in the defined by these Rules; and
presence of the notary; and 7. represents to the notary public that the
4. takes an oath or affirmation before the notary signature on the instrument or document was
public as to such instrument or document. voluntarily affixed by him for the purposes
(Rule II, Section 6 of 2004 Rules on Notarial stated in the instrument or document,
Practice) declares that he has executed the instrument
or document as his free and voluntary act and
deed, and, if he acts in a particular
representative capacity, that he has the
authority to sign in that capacity. (Rule II, Sec.
1 of 2004 Rules on Notarial Practice)
Form: Jurat
JURAT
Subscribed and sworn to before me, a Notary Public in and for Makati City, affiant exhibiting to me her
Passport issued at DFA Manila and expiring on November 20, 2020, who was identified by me through
competent evidence of identity to be the same person who presented the foregoing instrument, signed
the instrument in my presence, and who took an oath before me as to such instrument.
Witness my hand and seal this 14th day of December 2020.
[INSERT NOTARIAL CERTIFICATE]
Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.
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Form: Acknowledgment
ACKNOWLEDGMENT
Before me, a Notary Public in and for Makati City, personally appeared John Doe, with CTC No. 213,
issued by the City of Makati on January 10, 2020, exhibiting to me his Passport issued at DFA Manila
and expiring on November 20, 2020, who was identified by me through competent evidence of identity
to be the same person who presented the foregoing instrument, and who acknowledged to me that his
signature on the instrument was voluntarily affixed by him for the purposes stated therein, and affirmed
that such instrument is his free and voluntary act and deed.
This instrument consists of ___ pages, including the page whereon this acknowledgment is written, and
has been signed by the parties and their instrumental witnesses on each and every page thereof.
Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.
Form: Oath or Affirmation

OATH
Sworn to before me this 27th day of June, 2020, in Makati City, Philippines, Corona V. Irus exhibiting to
me his Passport issued at DFA Manila and expiring on November 20, 2020, who was identified by me
through competent evidence of identity to be the same person who presented the foregoing instrument
and avowed, under penalty of law, to the whole truth of its contents.
Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.
Form: Copy Certification

COPY CERTIFICATION
This is to certify that I was presented with an instrument entitled “Deed of Sale” which is neither a vital
record, a public record, nor publicly recordable; that I copied the instrument; and that I compared the
copied instrument with the original copy and I hereby certify that the copy is accurate and complete.
ATENEO CENTRAL
BAR OPERATIONS 2021
Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.
Q: Is Notarization via videoconferencing allowed?

A: Yes, under the 2020 Interim Rules on Remote Notarization. In the said rules, notarization of documents
through videoconferencing in areas under community quarantine is allowed. The said Interim Rules shall
apply if one, or both the notary public and the person seeking notarial service (“principal”) are residing,
holding office, or located in an area under community quarantine (whether enhanced, modified enhanced,
general, or modified general community quarantine).
HOWEVER, the application of the Interim Rules shall be limited to the notarization of paper documents and
instruments with handwritten signatures or marks through the use of videoconferencing facilities and shall
not apply to the execution of notarial wills. (2020 Interim Rules on Remote Notarization)
2. PARTS OF PLEADINGS, MOTIONS 5. Attorney’s details (i.e. name, address, contact

information, Roll No., IBP Receipt No., PTR
A. Relevant parts of a pleading. No., and MCLE Compliance or Exemption
Certificate No.)
Under Rules of Court, Rule 7, Sections 1-5: 6. Plus which, depending on the pleading or
1. Caption motion involved, may include one or more of
The caption sets forth: the following:
o the name of the court, a. A Verification and/or Certification of
o the title of the action, and Non-Forum Shopping;
o the docket number if assigned. b. Notice of Hearing (for litigous motions,
2. Body in the discretion of the court)
The body of the pleading sets forth: c. Proof of Service
o its designation, i. Copy/ies Furnished
o the allegations of the party's ii. Affidavit of Service/Filing –
claims or defenses, required only when a
o the relief prayed for, and pleading/motion is served
o the date of the pleading. and/or filed other than by
3. Signature and address personal service or filing
4. Verification (Rule 13, Secs. 12 and 13)
5. Certification against forum shopping
D. Basic requirements for a motion.
B. Contents of a motion. A motion must:
A motion shall state the relief sought to be 1. Be in writing, except those made in open
obtained and the grounds upon which it is based, court or in the course of a hearing or trial.
and if required by these Rules or necessary to 2. State the relief sought and the grounds
prove facts alleged therein, shall be accompanied for it.
by supporting affidavits and other papers. (Rules 3. (For Litigious motions) Served in such a
of Court, Rule 15, Sec. 3) manner as to ensure receipt by the other
party. There must be proof of service.
C. Parts of motions and pleadings: (Rules of Court, Rule 15, Secs. 2 to 6)
CapTiBRA-Plus(FoHeaSe):
1. Caption
2. Title
3. Body
4. Relief
ATENEO CENTRAL
BAR OPERATIONS 2021
Form: Motion for Extension of Time

SUPREME COURT
MANILA
JOLLY B. SANTOS,
Plaintiff,
- versus – G.R. No. 222222
(CA-G.R. No. 87000; Civil
Case No. 18-143)
RONALD M. ROSALES,
Defendant.
x------------------------------------------------x
MOTION FOR EXTENSION OF TIME

Defendant RONALD M. ROSALES (“Defendant”), by his undersigned counsel, respectfully states:
1. On 5 April 2019, Defendant received a copy of the Court of Appeals’ Resolution dated 27
March 2020 denying Defendant’s Motion for Reconsideration dated 28 November 2019 of the CA’s
Judgment dated 20 September, 2019 in CA-G.R. No. 87000 entitled Jolly B. Santos v. Ronald Rosales,
which found Defendant liable for damages in the amount of P143,000,000.00.
2. Defendant, therefore, has until 20 April 2020 within which to file a Petition for Review on
Certiorari of the CA’s Decision.
3. However, undersigned counsel is presently saddled with heavy volume of equally-urgent work
and assignments on other similarly important cases. In addition, there are intervening holidays, from April
18 to 21.
4. Undersigned counsel, therefore, needs additional time to prepare a petition for review on
certiorari.
5. Defendant is constrained and respectfully moves that he be granted an additional period of

thirty (30) days from 20 April 2020, or until 20 May 2020, within which to file a petition for review on
certiorari.
6. Defendant hereby pays all the required docket and other fees.
7. This motion is not intended for delay but is solely caused by the foregoing considerations.
PRAYER
WHEREFORE, it is respectfully prayed that Defendant be given an additional period of thirty (30) days
from 20 April 2020, or until 20 May 2020, within which to file a petition for review on certiorari.
Other just and equitable reliefs are likewise prayed for.

[Venue], [Date],
[NAME of COUNSEL]
Attorney for Defendant
[OFFICE ADDRESS]
Roll No. XXXX
PTR No. XXXX/ [Place]/ [Date]
Copies furnished:
ATENEO CENTRAL
BAR OPERATIONS 2021
Court of Appeals [BY HAND]

Former Special Seventeenth Division
Ma. Orosa St., Ermita
1000 Manila City
Atty. Mike Ross [BY HAND]

Counsel for Plaintiff
123 New York, Cubao
Quezon City
[Note: The second paragraph in the Prayer must be excluded when questioning the court’s jurisdiction.]
Q: When is a Motion to Dismiss allowed?

A Motion to Dismiss is only allowed on the following non-waivable grounds:
1. That the court has no jurisdiction over the subject matter of the claim;
2. That there is another action pending between the same parties for the same cause;
3. That the cause of action is barred by a prior judgment
4. That the cause of action is barred by the statute of limitations (Rules of Court, Rule 9, Sec. 1)
Form: Motion to Dismiss

MAKATI CITY
BRANCH 143
JOLLY B. SANTOS,
Plaintiff,
For: Damages
RONALD M. ROSALES,
Defendant.
x------------------------------------------------x
MOTION TO DISMISS
RONALD ROSALES (“Defendant”), by his undersigned counsel, respectfully moves for the
dismissal of this case on the following grounds:
I. [Insert Ground/s] The cause of action is barred by prior judgment.
Discussion
I. [Insert Arguments]
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that the Honorable Court DISMISS
the Complaint in its entirety.
Other just and equitable reliefs are likewise prayed for.
[Venue], [Date],
[NAME of COUNSEL]
ATENEO CENTRAL
BAR OPERATIONS 2021

[OFFICE ADDRESS]
Roll No. XXXX
Copies furnished:
Atty. ABC [BY HAND]

Counsel for the Plaintiff
[Insert address]
Branch Clerk of Court [BY HAND]

Regional Trial Court of Makati City,
Branch 143
EXPLANATION
(Pursuant to Section 17, Rule 13 of the A.M. No. 19-10-20-SC)
In compliance with the rule above, counsel respectfully manifests that copies of this Motion to Dismiss
were filed and served upon the foregoing parties by private courier in lieu of personal service, due to
[insert reason/s such as: temporary lack of manpower, distance, traffic, and lack of material time due to
COVID-19 pandemic].
[Note: Disregard the “Explanation” if personally served]
Q: What is a Motion to Declare [a party] in Default

A: If the defending party fails to answer within the time allowed therefor, the court shall, upon motion of the
claiming party with notice to the defending party, and proof of such failure, declare the defending party in
default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his
pleading may warrant, unless the court in its discretion requires the claimant to submit evidence. Such
reception of evidence may be delegated to the clerk of court. (Rules of Court, Rule 9, Sec. 3)
Form: Motion to Declare in Default

MAKATI CITY
BRANCH 143
Jolly B. Santos,
Plaintiff,
For: Damages
Ronald M. Rosales,
Defendant.
x------------------------------------------------x
MOTION TO DECLARE DEFENDANT IN DEFAULT
Jolly B. Santos ("Plaintiff“), by counsel and unto this Honorable Court, respectfully moves for
Ronald M. Rosales (“Defendant”) to be declared in default. Plaintiff respectfully states:
1. The records of the Honorable Court show that Defendant was served with copy of the
summons and of the complaint on 20 March 2020.
ATENEO CENTRAL
BAR OPERATIONS 2021
2. Upon verification, however, the records show that Defendant has failed to file his Answer
within the reglementary period specified by the Rules of Court despite the service of the summons and
the complaint;
PRAYER
WHEREFORE, it is respectfully prayed that the Defendant, [NAME], be DECLARED IN

DEFAULT pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as
the complaint may warrant.
Defendant also respectfully prays for other just and equitable reliefs.
[Venue], [Date],
[NAME of COUNSEL]
[OFFICE ADDRESS]
Roll No. XXXX
Notice of Hearing and
Copies furnished:
Atty. XYZ [BY HAND]

Counsel for the Defendant
[Insert address]
Branch Clerk of Court [BY HAND]

Regional Trial Court of Makati City,
Branch 143
EXPLANATION
(Pursuant to Section 17, Rule 13 of the A.M. No. 19-10-20-SC)
In compliance with the rule above, counsel respectfully manifests that copies of this Motion to
Dismiss were filed and served upon the foregoing parties by private courier in lieu of personal service,
due to [insert reason/s such as: temporary lack of manpower, distance, traffic, and lack of material time
due to COVID-19 pandemic].
[Note: Disregard the “Explanation” if personally served]
Q: What are the differences between litigious and non-litigious motions?

A: Under Rules of Court, Rule 15, Sec. 4 & 5:
LITIGIOUS MOTIONS NON-LITIGIOUS MOTIONS
Non litigious motions are those that the court may As for litigious motions as provided under the new
act on without prejudicing the rights of the adverse Section 5, there must be service on the other party
party, and in which case, the motion shall not be of the motion by any of the modes of service
set for hearing and shall just be resolved by the recognized under the rules. Note that electronic
court within 5 calendar days from receipt thereof. means of service requires the consent of the other
party or upon direction of the court. (Rule 13,
Section 9). There must also be proof of notice of
the written motion on the other party. Without that
proof of service, the court will not act on such
motion.
Motion for Bill of Particulars Motion for Issuance of an Alias Summons
Motion to Dismiss Motion for Extension to File Answer
Motion for New Trial Motion for Postponement
ATENEO CENTRAL
BAR OPERATIONS 2021
LITIGIOUS MOTIONS NON-LITIGIOUS MOTIONS

Motion for Reconsideration Motion for the Issuance of an Alias Writ of
Execution
Motion for Execution Pending Appeal Motion for the Issuance of a Writ of Possession
Motion to Amend after a Responsive Pleading has Motion for the Issuance of an Order Directing the
been Filed Sheriff to Execute the Final Certificate of Sale
Motion to Cancel Statutory Lien Other Similar Motions
Motion for an Order to Break in for a Writ of
Demolition
Motion for Intervention
Motion for Judgment on the Pleadings
Demurrer to Evidence
Motion to Declare Defendant in Default
Other Similar Motions
Verification and Certificate of Non-Forum Shopping
Rules for verification

● General Rule: Pleadings need not be verified. (Rules of Court, Rule 7, Sec. 4)
● Exception: When explicitly required by law or the Rules of Court. (Rules of Court, Rule 7, Sec. 4)
Q: What are the differences between a verification and a certification against non-forum shopping?
A:
VERIFICATION CERTIFICATION AGAINST FORUM SHOPPING
If signed by the wrong party, this is a formal defect If signed by the wrong party, this is a substantive
defect
Does not necessarily render the pleading fatally General Rule: Not curable despite subsequent
defective. submission or correction thereof
The court may order its submission or correction or Exception: When there is a need to relax the Rule
act on the pleading if the attending circumstances on the ground of "substantial compliance" or
are such that strict compliance with the Rule may presence of "special circumstances or compelling
be dispensed with in order that the ends of justice reasons
may be served thereby.
Executed by the party-pleader General Rule: Must be executed by the party-

pleader, not by his counsel.
Exception: If there are reasonable or justifiable

reasons, & the party-pleader is unable to sign, he
must execute a Special Power of Attorney
designating his counsel of record to sign on his
behalf.
(Vda. de Formosa v. Philippine National Bank, G.R. No. 154704, 2011 & Fuji Television Network v. Espiritu,
G.R. No. 204944-45, 2014)
Form: Verification (In General)

VERIFICATION
I, JINIT JACKSON, of legal age, with residence at [ADDRESS], after having been duly sworn in
accordance with law, do hereby depose and state that:
1. I am the Plaintiff in the pleading entitled “Petition for Relief from Judgment”;
2. I have cause its preparation;
ATENEO CENTRAL
BAR OPERATIONS 2021
3. I have read it and the allegations therein are true and correct based on my personal knowledge
or based on authentic records;
4. The pleading is not filed to harass, cause unnecessary delay, or increase the cost of litigation;
5. The factual allegations therein have evidentiary support or, if specifically so identified, will
likewise have evidentiary support after a reasonable opportunity for discovery.
IN WITNESS WHEREOF, I have signed this verification on __th [MONTH] [YEAR].
(sgd.)
JINIT JACKSON
Affiiant
[INSERT JURAT]
Form: Verification (Specific Denial Under Oath of An Actionable Document) (Rule 8, Sec. 8)
VERIFICATION
I, ELVIS SUPRESLY, of legal age, with residence at [ADDRESS], do hereby depose and state that:
1. I am the defendant in the case filed by JINIT JACKSON for ejectment;

2. In response, I have caused the preparation of this Answer with Counterclaim;
3. I have read its contents and affirm that they are true and correct to the best of my own personal
knowledge and authentic documents in our possession;
4. I certify that the pleading is not filed to harass, cause unnecessary delay, or needlessly increase
the cost of litigation;
5. I certify that the factual allegations therein have evidentiary support or, if specifically so identified,
will likewise have evidentiary support after a reasonable opportunity for discovery; and
6. I specifically deny the genuineness and due execution as well as the binding effect of the
actionable documents pleaded by plaintiff;
IN WITNESS WHEREOF, I have signed this verification on __th [MONTH] [YEAR].
(Sgd.)
ELVIS SURPRESLY
Affiant
[INSERT JURAT]
Form: Certification Against Forum Shopping

CERTIFICATION AGAINST FORUM SHOPPING
I, GARY VEE, of legal age, and resident of [ADDRESS], after having been duly sworn in accordance
with law, do hereby depose and state that: I am the plaintiff in the case entitled VEE v. VENDETTA;
1. I hereby certify that I have not earlier commenced any action or filed any claim involving the
same issues before any other court, tribunal or quasi-judicial agency;
2. To the best of my knowledge, there is no such pending action or claim;
3. If I should learn that a similar action or claim has been filed or is pending before any other court,
tribunal, or quasi-judicial agency, I shall report such fact to this Honorable Court within five (5)
days from the discovery.
IN WITNESS WHEREOF, I have signed this certification on __th [MONTH] [YEAR].
(Sgd.)
GARY VEE
ATENEO CENTRAL
BAR OPERATIONS 2021
Affiant
[INSERT JURAT]
Form: Verification and Certification Against Forum Shopping of a Corporation

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, RUFFA GO, of legal age, do hereby state that:
1. I am the President of GO GO GO! Corporation and in such capacity, caused this Complaint to
be prepared;
2. I was authorized by the Board of Directors of GO GO GO! Corporation to file this suit, as
evidenced by the attached board resolution;
3. I have read it and the allegations therein are true and correct based on my personal knowledge
or based on authentic documents;
4. I certify that it is not filed to harass, cause unnecessary delay, or needlessly increase the cost of
litigation;
5. I certify that the factual allegations therein have evidentiary support or, if specifically so identified,
will likewise have evidentiary support after a reasonable opportunity for discovery; and
6. I hereby certify that I have not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the best of his [or her]
knowledge, no such other action or claim is pending therein and if there is such other pending
action or claim, I shall submit complete statement of the present status thereof, and finally, if I
should thereafter learn that the same or similar action or claim has been filed or is pending, I
shall report that fact within five (5) calendar days therefrom to the court.
IN WITNESS WHEREOF, I have signed this instrument on 19 July 2020.
(Sgd.)
RUFFA GO
Affiant
[INSERT JURAT]

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ATENEO LAW SCHOOL

DEAN JOSE MARIA G. HOFILEÑA

DEAN MA. NGINA TERESA V. CHAN-GONZAGA

ATENEO CENTRAL BAR OPERATIONS 2021

GRACE ANN Q. BAJO

MELISSA GABRIELLE P. REMULLA MA. CRISTINA S. ASUNCION

PRE-WEEK CORE TEAM

JOANNE MARIE R. VALLES

JUSTICE MAGDANGAL M. DE LEON ATTY. TANYA KARINA A. LAT

JAMES DON S. DIZON

MA. VERONICA S. PINE

LOUIE EMMANUEL G. PAGTAKHAN ANNE HILLARY PAULINE VILLENA

DEAN CYNTHIA R. DEL CASTILLO DEAN JOSE MARIA G. HOFILEÑA

JOANNE MARIE R. VALLES (Head) JONAH MAE M. SAMPANG

JONATHAN DF. TORRES

JOSEPH BILL P. QUINTOS STEFI MONIKA S. SUERO

AINA RAE L. CORTEZ CHRISTIAN GIO R. SENARLO

M ARK E TI N G PU BLI C R E L ATI O N S

DONN MARIE ISABELLE BALINA MELISSA GABRIELLE P. REMULLA

THE ATENEO CENTRAL BAR OPERATIONS 2020-2021

All Rights Reserved

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

Ad maiorem Dei gloriam.

D. PROCEDURE AND PROFESSIONAL ETHICS ...................................................... 106

B. ETHICS ............................................................................................................................... 231

C. PRACTICAL EXERCISES ................................................................................................. 246

The Law Pertaining to Private Personal and Commercial Relations vi

formerly Civil Law and

C. THE LAW PERTAINING TO PRIVATE PERSONAL AND COMMERCIAL RELATIONS

TOPIC OUTLINE UNDER THE SYLLABUS:

A. CIVIL LAW 1. LEGAL PERSONALITY, CAPACITY

Q: What laws govern Juridical Persons? (Civil

Q: What are the rights of a Juridical Person?

Q: What are the differences between Juridical 2. MARITAL RELATIONSHIPS

b. Between passengers or crew authenticated by the Philippine Consul in

marriage if the ground is IMPOTENCE or • Closed remedy (prescription).

NOTE: In the absence of such authority or

Q: Can an extrajudicial dissolution of the

3. PROPERTY places are included; (immovable by

service or for the development of the national 2. Gymnasium

of the patrimonial property of the State. (Civil

4. If the finder is a TRESPASSER, he shall

c. CO-OWNERSHIP A co-owner cannot give valid consent to another

Bank of Cabadbaran v. Nulecio-Yap, GR No.

3. Without prejudice to interest of ownership 3. When partition is prohibited by Law. (Civil

Q: What are the rights of third parties?

Q: What is Accession? They have been organized for a

Q: When does accession discreta take place? Exceptions:

a. Adjunction or conjunction; or OM may remove materials, provided no

used is awarded to another co-owner;

Q: When does the rule apply?

If it is of a transitory character or is transferable,

Q: What is the effect of a promise by the

Q: What is the rule when the landowner sells

The third person may file a third party complaint

Option 1: To receive indemnity for necessary, useful and luxurious

LANDOWNER (LO) BUILDER / PLANTER / SOWER (BPS)

If LO does not appropriate luxurious improvements, BPS

Option 2: To purchase land at fair market value when value is not

If the value of land is considerably more than that of the

B. GOOD FAITH BAD FAITH

Option 1: Loses whatever has been built, planted or sown without

Entitled to reimbursement for useful expenses but cannot