Trigger Words For Remedial Law

Trigger Words for
REMEDIAL LAW
Compilation of previous BAR answers from

BAR Questions and Answers by U.P. Law
Complex and other review materials
Compiled and Arranged by:
Jofrey Q. Botor, Jr.

Trigger Words for Remedial Law
ACKNOWLEDGMENT
I created this “Trigger Words for Remedial Law” to aid BAR

reviewees, and BAR examinees to survive the rigorous pre-bar
review including pre-week review which in a way could be of help
in answering the actual BAR examinations.
The concept is not to place everything in here, rather to

place legal terms, topics, and scenarios that are previously used
in the BAR examinations and provide enough “trigger words” to
convince the examiners that you have what it takes to pass the
BAR examinations and be a member of the legal profession.
The legal terms, topics, and scenarios are arranged

alphabetically for easy search and understanding.
This is not intended to replace codals, annotated law books,

and other review materials but as a mere guide when everything
seems mixed up and you need a safe way out.
Everything contained herein is a compilation of previous BAR

answers from BAR Questions and Answers by U.P. Law Complex,
and other review materials by Bedan Red Book, “Jay-Arh”, and
Atty. Mike Rito emphasizing relevant legal terms, topics, and
scenarios that leads to a “trigger words” that we can all use.
Users must have already been knowledgeable about with laws
and jurisprudence before using this material as this will only
support and enhance of what you already know.
I am not a lawyer, but having read the questions and

answers to BAR examinations for Remedial Law several times, I
decided to make compilation and highlight those I think what was
important that we can all use for the purpose of BAR
examinations.
Page 2 of 62
My work is not error-free. I am also BAR reviewee myself

and hopefully one day to be a member of the legal profession. I
am limited by my own time as I have only myself in making this
material.
As mentioned above, this is alphabetically and not arranged

by topics. The format is dictionary type, and provides appropriate
response whenever the legal terms, topics or scenarios are
raised.
For all those who inspired and helped me to finish this work,
I am grateful.
- The AUTHOR -
Page 3 of 62
Accion Interdictal A judgment of acquittal is immediately

executory and no appeal can be made
A summary action to recover physical therefrom. Otherwise the Constitutional
possession of the real property. protection against double jeopardy would
be violated.
All cases of forcible entry and unlawful
detainer, irrespective of the amount of Action that Survive
damages or unpaid rentals sought to be
recovered should be brought to the When the action is for recovery of
Municipal Trial Court (MTC). However, if money arising from contract, and the
not brought within one (1) year from the defendant dies before entry of final
time the cause of action accrues, RTC has judgment in the court in which the action
jurisdiction. was pending at the time of such death, it
shall not be dismissed but shall be instead
Accion Publiciana be allowed to continue until entry of final
judgment.
A plenary action to recover the right of
physical possession of the real property. When the action is for recovery of
money arising from contract, express or
R.A. No. 7691, however, vested implied, and the defendant dies before
jurisdiction over specified accion entry of final judgment in the court in
publiciana with courts of the first level which the action is pending at the time of
(Metropolitan Trial Courts, Municipal Trial such death, it shall not be dismissed but
Courts in Cities, Municipal Trial Court, and shall instead be allowed to continue until
Municipal Circuit Trial Courts) in cases entry of final judgment.
where the assessed value of the real
property involved does not exceed An action to recover real property in
P20,000.00 outside Metro Manila, or in any event survives the death of the
Metro Manila, where such value does not defendant.
exceed P50,000.00.
Actionable Document
The Regional Trial Court (RTC) has
jurisdiction if the value of the property The oath is not required of the
exceeds P20,000 outside MM or exceeds defendant, because the issue raised by
P50,000 within MM. MTC has jurisdiction the latter does not impugn the
if the value of the value of the property genuineness and due execution of the
does not exceed the above amounts. document.
Accion Reinvindicatoria Defendant’s failure to deny under oath

the promissory note in his answer
An action to recover the right of amounted to an implied admission of its
physical possession of real property based genuineness and due execution, his
on ownership. allegation in his answer that he was
coerced into signing the promissory note
The RTC has jurisdiction if the value of tendered an issue which should be tried.
the property exceeds P20,000 outside
MM or exceeds P50,000 within MM. MTC The genuineness and due execution of
has jurisdiction if the value of the property the deed of sale can only be denied by the
does not exceed the above amounts. defendant under oath and failure to do so
is also an admission of the deed.
Acquittal
Page 4 of 62
The defendant is not required to deny

under oath the genuineness and due An action to impose a responsibility or
execution of the promissory note, because liability upon a person directly.
of the non-compliance by the plaintiff with
the order for production and inspection of Judgment is biding only upon parties
the original thereof. impleaded or their successors in interest.
The promissory note is an actionable Action for specific performance; action

document and the original or a copy for breach of contract.
thereof should have been attached to the
complaint. In such a case, the In Rem
genuineness and due execution of the
note, if not denied under oath, would be Directed against the thing itself.
deemed admitted.
Jurisdiction over the person of the
Actions defendant is not required.
Action vs. Cause of Action A proceeding to determine the state or

condition of a thing.
An ACTION is one by which a party
sues another for the enforcement or Judgment is binding on the whole
protection of a right, or the prevention or world.
redress of a wrong.
Probate proceeding; cadastral
A CAUSE OF ACTION is the act or proceeding.
omission by which a party violates a right
of another. Quasi in Rem
An action must be based on a cause of The court can render judgments as

action. long as it has jurisdiction over the res and
any of the modes of extra-territorial
The complaint cannot be amended if service of summons with prior leave of
the defect was based on lack of cause of court.
action.
Directed against particular persons.
In Personam
In an action strictly in personam, defendant is not required as long as
personal service on the defendant is the jurisdiction over the res is acquired.
preferred mode of service, that is, by
handing a copy of the summons to the A proceeding to subject the interest of
defendant in person. a named defendant over a particular
property to an obligation or lien burdening
Jurisdiction over the person of the it.
defendant is necessary for the court to
validly try and decide the case. Judgment biding upon particular
persons.
Directed against particular persons.
The defendant is sought to be held liable. Action for partition; action to foreclose
real estate mortgage.
defendant is required. Personal Action
Page 5 of 62
complainant is not admissible in evidence

Are those not affecting title to or to prove his guilt in both the civil and
possession of real property, or any criminal cases.
interest therein.
The obligation of the insurance
Real Action company is based on the contract of
insurance and is not admissible in
An action for nullification of the evidence against the accused because it
mortgage documents and foreclosure of was not offered by the accused but by the
the mortgage property is a real action that insurance company which is not his agent.
affects the title to the property, thus,
venue of the real action is before the court An illegally obtained extrajudicial
having jurisdiction over the territory in confession nullifies the intrinsic validity of
which the property lies. (Chua vs. Total the confession and renders it unreliable as
Office Products and Services, 30 evidence of the truth. (Moran, vol. 5, p.
September 2005) 257) It is the fruit of a poisonous tree.
Actions affecting title to or possession Admission by Adverse Party

of real property or an interest therein.
Procedure:
Administrator 1. At any time after issues have been
joined, a party may file and serve
Disqualification: upon any other party a written request
1. A minor for the admission by the latter of the
2. Not a resident of the Philippines genuineness of any material and
3. Is in the opinion of the court unfit to relevant document described in and
execute the duties of the trust by exhibited with the request or of the
reason of drunkenness, improvidence, truth of any material and relevant
or want of understanding or integrity, matter of fact set forth in the request.
or by reason f conviction of an offense Copies of the documents shall be
involving moral turpitude delivered with the request unless
4. Incompetent copies have already been furnished.
5. Refuses the trust 2. Each of the matters of which an
6. Fails to give a bond admission is requested shall be
deemed admitted unless, within a
Admissions and Confessions period designated in the request,
which shall not be less than fifteen
Statements spontaneously made by a (15) days after service thereof, or
suspect to news reporters on a televised within such further time as the court
interview are deemed voluntary and are may allow on motion, the party to
admissible in evidence. (People vs. whom the request is directed files and
Hipona, 18 February 2010) serves upon the party requesting the
admission a sworn statement either
In rape cases, the accused’s offer to denying specifically the matters of
marry the offended party is admissible in which an admission is requested or
evidence as an Implied admission of guilt setting forth in detail the reasons why
because rape cases are not allowed to be he cannot truthfully either admit or
compromised. (People vs. Domingo, 226 deny those matters.
SCRA 156) 3. Objections to any request for
admission shall be submitted to the
The offer by the defendant to pay the court by the party requested within the
hospitalization expenses of the period for and prior to the filing of his
Page 6 of 62
sworn statement as contemplated in cause of action is not allowed. (Swagman

the preceding paragraph and his Hotels and Travel, Inc. vs. Court of
compliance therewith shall be deferred Appeals, 455 SCRA 175)
until such objections are resolved,
which resolution shall be made as A complaint whose cause of action has
early as practicable. not accrued yet when filed, does not gain
4. Any admission made by a party any standing in court such that no
pursuant to such request is for the amendment, whether by amendment or
purpose of the pending action only and supplemental pleading, can cure the
shall not constitute an admission by deficiency. (Swagman Hotels and Travel,
him for any other purpose nor may the Inc. vs. Court of Appeals, 455 SCRA 175)
same be used against him in any other
proceeding. A plaintiff is entitled as a matter of
5. Unless otherwise allowed by the court right to amend the complaint before a
for good cause shown and to prevent a responsive pleading is served, without
failure of justice, a party who fails to leave of court, even if there is pending
file and serve a request for admission motion to dismiss. (Remington Industrial
on the adverse party of material and Sales Corporation vs. Court of Appeals,
relevant facts at issue which are, or 382 SCRA 499)
ought to be, within the personal
knowledge of the latter, shall not be While a complaint cannot be amended
permitted to present evidence on such to confer jurisdiction on a court where
facts. there was none (Calabig vs. Villanueva,
135 SCRA 300), the rule applies where a
Adoption and Custody of Minors responsive pleading has already been filed
because in such case, amendment should
The venue of a petition for the be by leave of court. If the court is
adoption of a minor residing in the without jurisdiction, it has no jurisdiction
province is the RTC of the place in which to grant leave of court.
the petitioner resides.
A motion to dismiss is not a responsive
Affidavit of Desistance pleading, therefore, amendment is a
matter of right.
On the probative value of an affidavit
of recantation, courts look with disfavor The corresponding pleading may still
upon recantations because they can easily be amended to conform to the evidence,
be secured from witnesses, usually because the written demand to vacate,
through intimidation or for a monetary made prior to the commencement of the
consideration, Recanted testimony is ejectment suit, was presented by the
exceedingly unreliable. There is always plaintiff in evidence without objection on
the probability that it will be repudiated. the part of the defendant.
(Molina vs. People. 259 SCRA 138)
The present rules allow amendments
Amendment of the Complaint substantially altering the nature of the
cause of action. (Heirs of Marcelino
Even though an amendment of the Pagobo v. Court of Appeals, 280 SCRA
complaint before answer is a matter of 870)
right, lack of a cause of action at the
commencement of a suit is not cured by This should only be true, however,
the accrual of a cause of action when the substantial change or alteration
subsequent thereto, such that an in the cause of action or defense shall
amendment setting up the after-accrued serve the higher interests of substantial
Page 7 of 62
justice and prevent delay and equally

promote the laudable objective of the Anti-Graft and Corrupt Practices Act
rules which is to secure a just, speedy and (R.A. No. 3019)
inexpensive disposition of every action
and proceeding. (Valenzuela v. Court of The requirement before a private
Appeals, 363 SCRA 779) person may be indicted is that such
private person must be alleged to have
Amendments impleading new acted in conspiracy with a public officer.
defendants retroact to the date of the
filing of the complaint because they do not An incumbent public officer against
constitute a new cause of action. (Verzosa whom any criminal prosecution under
vs. Court of Appeals, 299 SCRA 100) valid information for graft-related crime
such as malversation is pending in court,
Amendment of the Information shall be suspended from office.
The conviction of the accused shall not Since pre-suspension hearing is

be a bar to another prosecution for an basically a due process requirement, when
offense which necessarily includes the an accused public official is given an
offense charged in the former complaint adequate opportunity to be heard on his
or information when: possible defenses against the mandatory
1. The graver offense developed due to suspension under the law, then an
supervening facts arising from the accused would have no reason to
same act or omission constituting the complain that no actual hearing was
former charge; or conducted. (Miguel vs. The Honorable
2. The facts constituting the graver Sandiganbayan, 4 July 2012)
charge became known or were
discovered only after a plea was Preventive suspension is mandatory
entered in the former complaint or regardless of the respondent’s change in
information. position, although not automatic.
In order that the amended information It is mandatory after the

which downgrades the nature of the determination of the validity of the
offense could be validly made, the information in a pre-suspension hearing.
prosecution should file a motion to ask for (Segovia vs. Sandiganbayan, 288 SCRA
leave of court with notice to the offended 328)
party.
The purpose of suspension is to
Annulment of Judgment prevent the accused public officer from
frustrating or hampering his prosecution
It is resorted to in cases where the by intimidating or influencing witnesses or
ordinary remedies of new trial, appeal, tampering with evidence or from
petition for relief from judgment, or other committing further acts of malfeasance
appropriate remedies are no longer while in office.
available through no fault of the appellant
and is based on the grounds extrinsic Appeal
fraud, and lack of jurisdiction.
Modes:
An action for annulment may also be 1. Ordinary Appeal
filed on the ground of extrinsic fraud 2. Petition for Review
within four (4) years from its discovery, 3. Appeal by Certiorari
and if based on lack of jurisdiction, before
it is barred by laches or estoppel.
Page 8 of 62
The ordinary appeal under Rule 41 is respect to the subject matter thereof upon
brought to the Court of Appeals (CA) from the approval of the record on appeal filed
the Regional Trial Court (RTC), in the in due time.
exercise of its original jurisdiction, and
resolved questions of facts or mixed xxxx
questions of fact and law.
The accused who did not appeal can be
The petition for review under Rule 42 benefitted by the decision of the appellate
is brought to the CA from the RTC, acting court which is favorable to him, even
in the exercise of its appellate jurisdiction, though his appeal is denied because of his
and resolves questions of fact or mixed escape.
questions of fact and law.
Arraignment and Plea
The appeal by certiorari under Rule 45
is brought to the Supreme Court from a Plea of guilty to a lesser offense may
judgment or final order or resolution of be allowed if the lesser offense is
the CA or the RTC and resolves only necessarily included in the offense
questions of law. charged.
The trial court has lost jurisdiction Bail

after perfection of the appeal and so it can
no longer entertain a motion for The Revised Rules of Criminal
reconsideration. Procedure do not require the arraignment
of the accused as prerequisite to the
Appeal to the Supreme Court conduct of hearings in the bail petition. A
person is allowed to file a petition for bail
1. Appeal by Certiorari on pure questions as soon as he is deprived of his liberty by
of law under Rule 45 through a virtue of his arrest or voluntary surrender.
petition for review on certiorari; and (Serapio vs. Sandiganbayan, 2 January
2. Ordinary Appeal in criminal cases 2003)
through a notice of appeal from
convictions imposing reclusion An accused cannot seek any judicial
perpetua or life imprisonment or where relief if he does not submit his person to
a lesser penalty is involved but for the jurisdiction of the court.
0ffenses committed on the same
occasion or which arose out of the An application for or admission to bail
same occurrence that gave rise to the shall not bar the accused from challenging
more serious offense. Convictions the validity of his arrest or the legality of
imposing the death penalty are the warrant issued therefor, or from
elevated through automatic review. assailing the regularity or questioning the
absence of a preliminary investigation of a
Perfection of an Appeal charge against him, provided that he
raises them before entering his plea.
An appeal from the Regional Trial
Court (RTC) to the Court of Appeals is It is settled that an Order granting bail
deemed perfected as to the appellant is merely interlocutory which cannot attain
upon the filing of a notice of appeal in the finality. (Pobre vs. People, 8 July 2005)
RTC in due time or within the
reglementary period of appeal. The denial of bail pending appeal is a
matter of wise discretion since after
An appeal by record on appeal is conviction by the trial court, the
deemed perfected as to the appellant with presumption of innocence terminates and,
Page 9 of 62
accordingly, the constitutional right to bail judge may use in fixing a reasonable
ends. (Leviste vs. Court of Appeals, 17 amount of bail is the probability of the
March 2010) accused appearing in trial.
The accused must be “literally” placed As a Matter of Right

under the custody of the law before his
petition for bail could be entertained by Bail is a matter of right:
the court. (Miranda vs.Tuliao, 31 March 1. Before or after conviction by the
2006) Metropolitan Trial Court, Municipal
Trial Court, Municipal Trial Court in
In no case shall bail be allowed after Cities, or Municipal Circuit Trial Court;
the accused has commenced to serve 2. Before conviction by the Regional Trial
sentence. (People vs. Fitzgerald, 505 Court of an offense not punishable by
SCRA 573) death, reclusion perpetua or life
imprisonment;
The accused may apply for bail in the 3. If the charge involves a capital offense
RTC where the information was filed or in and the evidence of guilt is not strong.
the RTC where he was arrested, or if no
judge, thereof is available, with any As a Matter of Discretion
metropolitan trial judge, municipal trial
judge or municipal circuit trial judge Upon conviction by the Regional Trial
therein. Court of an offense not punishable by
death, reclusion perpetua, or life
The prosecution is only required to imprisonment.
present as much evidence as is necessary
to determine whether the evidence of the If the penalty of imprisonment exceeds
accused’s guilt is strong for purposes of six years but not more than 20 years, bail
bail. shall be denied upon a showing by the
prosecution, with notice to the accused, of
Under the Extradition Treaty and Law, the following or other similar
the application of the Secretary of Justice circumstances:
for a warrant of arrest need not be set for 1. That the accused is a recidivist, quasi-
hearing, and Juan cannot be allowed to recidivist or habitual delinquent, or has
post bail if the court would issue a warrant committed the crime aggravated by
of arrest. The provisions in the Rules of the circumstance of reiteration;
Court on arrest and bail are not basically 2. That the accused is found to have
applicable. (Government of the United previously escaped from legal
States of America vs. Puruganan, 389 confinement, evaded sentence, or has
SCRA 623) violated the conditions of his bail
without valid justification;
Bail may be given by: 3. That the accused committed the
1. A corporate surety, or offense while on probation, parole, or
2. Through a property bond; under conditional pardon;
3. Cash deposit; or 4. That the circumstances of the accused
4. Recognizance. or his case indicate the probability of
flight if released on bail; or
If bail is a matter of right, it cannot be 5. That there is undue risk that during
denied on the ground that there exists a the pendency of the appeal, the
high degree of probability that the accused may commit another crime.
accused will abscond or escape. What the
court can do is to increase the amount of Batas Pambansa Blg. 22 (BP 22)
the bail. One of the guidelines that the
Page 10 of 62
The criminal action for violation of BP established against him. (Bautista v.

22 included the corresponding civil action, Sarmiento, 138 SCRA 587)
and that no reservation to file such civil
action separately shall be allowed. Burden of Proof
Best Evidence Rule Burden of proof is the duty of a party

to present evidence on the facts in issue
This Rule is adopted for the prevention necessary to establish his claim or defense
of fraud and is declared to be essential to by the amount of evidence required by
the pure administration of justice. (Moran, law. (Bautista v. Sarmiento, 138 SCRA
Vol. 5, p. 12.) If a party is in possession of 587)
such evidence and withholds it, the
presumption naturally arises that the Buy-bust Operation
better evidence is withheld for fraudulent
purposes. (Francisco. Rules of Court, vol. The seizure of the firearm was valid
VII. Part I, pp, 121,122) because it was seized in the course of a
valid arrest in a buy-bust operation. A
Bill of Particulars search warrant was not necessary.
(People v. Salazar, 266 SCRA 607)
The Rules of Court authorizes the court
to either deny or grant said motion The motion to recover the firearm
outright (no hearing) upon the clerk of should be filed in the court where the
court bringing such motion to the criminal action is pending.
attention of the court.
Cause of Action
If the plaintiff failed to comply with the
order of the court, the Rules authorizes The plaintiff may sue the defendant in
the court to order the striking out of the one complaint asserting as many causes
pleading affected, hence, the dismissal of of action as he may have and since all the
the complaint. claims are principally for recovery of
money, the aggregate amount shall be the
Before responding to a pleading, a test of jurisdiction.
party may move for a bill or particulars of
any matter which is not averred with Certiorari
sufficient definiteness or particularity to
enable him properly to prepare his Under the Constitution
responsive pleading. If the pleading is a
reply, the motion must be filed within ten The certiorari jurisdiction of the
(10) days from service thereof. Supreme Court under the Constitution is
the mode by which the Court exercises its
If the order is not complied with, the expanded jurisdiction, allowing it to take
court may order the striking out of the corrective action through the exercise of
pleading or the portions thereof to which its judicial power.
the order was directed or make such other
order as it deems just. Constitutional certiorari jurisdiction
applies even if the decision was not
Burden of Evidence rendered by a judicial or quasi-judicial
body
Burden of evidence is the duty of a
party to go forward with the evidence to Under the Rules of Court (Rule 65)
overthrow prima facie evidence
Page 11 of 62
Is limited to cases involving a grave notice of the judgment, order or resolution

abuse of discretion amounting to lack or subject of the petition.
excess of jurisdiction on the part of any
branch or instrumentality of the A PETITION FOR REVIEW ON
government and there is no other claim CERTIORARI is governed by Rule 45 and
speedy remedy available to a party in the is filed from a judgment or final order of
ordinary course of law. the RTC, the Sandiganbayan or the Court
of Appeals, within fifteen (15) days from
It is a special civil action, is an original notice of the judgment appealed from or
action from the Regional Trial Court (RTC) of the denial of the motion for new trial or
or the Court of Appeals (CA) to the reconsideration filed in due time on
Supreme Court against any tribunal, board questions of law only.
or officer exercising judicial or quasi-
judicial functions raising the issue of lack More distinctions:
or excess of jurisdiction or grave abuse of 1. The first is a special civil action under
discretion amounting to lack or excess of Rule 65 of the Rules of Court, while
jurisdiction, there being no appeal or any the second is an appeal to the
plain, speedy and adequate remedy in the Supreme Court from the Court of
ordinary course of law. Appeals, Sandiganbayan and the RTC
under Rule 45.
If the decision or order does not state 2. The first can be filed only on the
findings of facts and of law, the same is grounds of lack or excess of
void. Appeal is not available. The proper jurisdiction or grave abuse of
remedy is certiorari under Rule 65. discretion tantamount to lack or
excess of jurisdiction, while the second
Petition for Certiorari (Rule 65) is based on the errors of law of the
lower court.
It is a remedy for the interlocutory 3. The first should be filed within sixty
order issued by the court and there is no (60) days from notice of the judgment,
speedy, plain, and adequate remedy order or resolution sought to be
under the course of law. assailed, while the second should be
filed within fifteen (15) days from
If the Regional Trial Court (RTC) notice of the judgment or final order or
denied the petition questioning the resolution appealed from, or of the
Metropolitan Trial Court’s (MeTC) denial to denial of the petitioner's motion for
suspend criminal proceedings, the remedy new trial or reconsideration filed in due
is to file notice of appeal, within 15 days time after notice of the judgment.
from final order, to the Court of Appeals. 4. The first cannot generally be availed of
as a substitute for a lost appeal.
Rule 65 vs. Rule 45 5. Under the first, the lower court is
impleaded as a party respondent,
A SPECIAL CIVIL ACTION FOR while under the second, the lower
CERTIORARI is governed by Rule 65 and court is not imp leaded.
is filed to annul or modify judgments,
orders or resolutions rendered or issued Chain of Custody
without or in excess of jurisdiction or with
grave abuse of discretion tantamount to The requirement is essential to ensure
lack or excess of jurisdiction, when there that doubts regarding the identity of the
is no appeal nor any plain, speedy and evidence are removed through the
adequate remedy in the ordinary course of monitoring and tracking of the movements
law, to be filed within sixty (60) days from of the seized drugs from the accused, to
the police, to the forensic chemist, and
Page 12 of 62
finally to the court. (People vs. Sitco, 14 that the change of name would
May 2010) prejudice public interest. (Republic vs.
Court of Appeals, 21 May 1992)
Nonetheless, non-compliance with the
procedure shall not render void and invalid Character Evidence
the seizure and custody of the drugs
when: 1) such non-compliance is attended The prosecution may introduce
by justifiable grounds; and 2) the integrity evidence of the good or even bad moral
and the evidentiary value of the seized character of the victim if it tends to
items are properly preserved by the establish in any reasonable degree the
apprehending team. (People vs. Dela probability or improbability of the offense
Cruz, 29 October 2008) charged.
Change of Name (Rule 103) Child and Family Cases
The touchstone for the grant of a The records of child and family cases
change of name is that there be “proper in the Family Code to handle Family Court
and reasonable cause” for which the cases shall be dealt with utmost
change is sought. Petitioner must show confidentiality.
not only some proper or compelling
reason therefore but also that he will be The identity of parties in child and
prejudiced by the use of his true and family cases shall not be divulged unless
official name. (Republic vs. Court of necessary and with authority of the judge.
Appeals, 21 May 1992)
Child Witness
The change of name does not define or
effect change in one’s existing family The testimony of a child may be taken
relations or in the rights and duties by live-link television if there is a
flowing therefrom. It does not alter one’s substantial likelihood that the child would
legal capacity, civil status or citizenship; suffer trauma from testifying in the
what is altered is only the name. (Republic presence of the accused, his counsel or
vs. Court of Appeals, 21 May 1992) the prosecutor as the case may be. The
trauma must of a kind which would impair
Grounds: the completeness or truthfulness of the
1. When the name is ridiculous, testimony of the child. (Rule on
dishonorable or extremely difficult to Examination of a Child Witness)
write or pronounce;
2. When the change results as a legal Civil Action
consequence, as in legitimization;
3. When the change will avoid confusion; A CIVIL ACTION is one by which a
4. When one has continuously used and party sues another for the enforcement or
been known since childhood by a protection of a right, or the prevention or
Filipino name, and was unaware of redress of a wrong.
alien parentage;
5. A sincere desire to adopt a Filipino Civil Liability
name to erase signs of former
alienage, all in good faith and without Not extinguished despite acquittal where:
prejudicing anybody; and 1. The acquittal is based on reasonable
6. When the surname causes doubt;
embarrassment and there is no 2. Where the court expressly declares
showing that the desired change of that the liability of the accused is not
name was for a fraudulent purpose or criminal but only civil in nature; and
Page 13 of 62
3. Where the civil liability is not derived

from or based on the criminal act of Conclusiveness of judgment precludes
which the accused is acquitted. the relitigation of a particular issue in
(Sapiera vs. Court of Appeals, 14 another action between the same parties
September 1999). on a different cause of action.
Complaint Correction or Cancellation of Entry

(Rule 108)
In criminal case, a complaint is a
sworn written statement charging a It is adversarial proceeding.
person with an offense, subscribed by the
offended party, any peace officer or other If what sought to be corrected is only
peace officer charged with the the record of such marriage in the Civil
enforcement of the law violated. Registry Office in order to reflect the truth
set forth by the evidence, and not the
Constitutional Commissions nullification of marriage as there was no
marriage on the first place. (Republic of
Commission on Audit (CoA) and the Philippines vs. Olaybar, 10 February
Commission on Elections (ComElec) 2014)
Decisions of CoA and ComElec can be Procedural Requirements:

elevated to the Supreme Court via special 1. Filing a verified petition;
civil action for certiorari under Rule 65. 2. Naming as parties all persons who
have or claim any interest which would
Civil Service Commission (CSC) be affected;
3. Issuance of an order fixing the time
Decisions of CSC are reviewable by and place of hearing;
petition for review under Rule 43 before 4. Giving reasonable notice to the parties
the Court of Appeals. named in the petition; and
5. Publication of the order once a week
Class Suit for three consecutive seeks in a
newspaper of general circulation.
Is filed in behalf of many persons so
numerous that it is impracticable to join Counterclaim
all as parties.
It is a pleading by which a defending
Competency party makes a claim against an opposing
party.
Refers to a witness who can perceive,
and perceiving, can make known his A COUNTERCLAIM is any claim which a
perception to others. defending party may have against an
opposing party.
Complaint
A counterclaim is against an opposing
A complaint is a sworn written party.
statement charging a person with an
offense, subscribed by the offended party, Distinguished from Cross Claim
any peace officer or other peace officer
charged with the enforcement of the law A cross-claim is any claim by one party
violated. against a co-party arising out of the
transaction or occurrence that is the
Conclusiveness of Judgment
Page 14 of 62
subject matter either of the original action Instances where the CA may act as a trial
or of a counterclaim therein. court:
1. In annulment of judgment;
A cross-claim is against a co-party. 2. When a motion for new trial is granted
by the CA;
Compulsory Counterclaim 3. A petition for habeas corpus shall be
set for hearing;
Payment of docket fees is not 4. In a petition for the writs of amparo
required. and habeas data, a hearing can be
conducted;
The dismissal of the complaint shall be 5. Under the Rues of Criminal Procedure,
without prejudice to the right of the the CA has the power to try case and
defendant to prosecute his counterclaim in conduct hearings, receive evidence,
the same or in a separate action. (Pinga and perform any and all acts
vs. Heirs of Santiago, 494 SCRA 393) necessary to resolve factual issues
cases which shall fall within its original
The compulsory counterclaim is and appellate jurisdiction;
deemed waived when he filed a motion to 6. New trial based on the ground of
dismiss the complaint instead of newly discovered evidence;
answering the same. (Financial Building 7. To resolve factual issues.
Corporation vs. Forbes Park Association
Inc. 338 SCRA 346) A Justice of a Division of the Court of
Appeals may issue TRO, as authorized
It is one which arises out of or is under Rule 58 which additionally requires
connected with the transaction or that the action shall be submitted on the
occurrence constituting the subject matter next working day to the absent members
of the opposing party's claim and does not of the division for their ratification,
require for its adjudication the presence of modification, or recall. (Heirs of the late
third parties of whom the court cannot Justice Jose B.L. Reyes vs Court of
acquire jurisdiction. Appeals, 338 vs. 282)
The counterclaim for attorney's fees The remedy to nullify a decision of the
and expenses of litigation is a compulsory Court of Appeals is a petition for review on
counterclaim because it necessarily arose certiorari in the Supreme Court under Rule
out of and is connected with the 45.
complaint. In an original action before the
Regional Trial Court (RTC), the The Court of Appeals has concurrent
counterclaim may be considered jurisdiction with the family courts and the
compulsory regardless of the amount. Supreme Court in petitions for habeas
corpus where the custody of minors is at
Permissive Counterclaim issue, notwithstanding the provision in the
Family Courts Act. (R.A. No. 8369) that
Payment of docket fees is required. family courts have exclusive jurisdiction in
such cases. (Thornton v. Thornton, 438
If it is raised in the Answer not SCRA 550)
predicted on the plaintiff’s claim or cause
of action. It would partake of an initiatory Court of Tax Appeals (CTA)
pleading which requires certification
against forum shopping. A decision of the CTA Division may be
appealed to the CTA en banc, within 30
Court of Appeals (CA) days from receipt by filing a petition for
review.
Page 15 of 62
Decision or ruling of CTA en banc may His admission made when he was
be filed with the Supreme Court a verified questioned after he was placed under
petition for review on certiorari under Rule arrest was in violation of his constitutional
45. right to be informed of his right to remain
silent and to have competent and
Cross Claim independent counsel of his own choice.
Hence, it is inadmissible in evidence.
A cross-claim is any claim by one party [Constitution, Art. III, sec. 12; R.A. 7438
against a co-party arising out of the (1992), Sec. 2; People vs. Mahinay, 302
transaction or occurrence that is the SCRA 455)
subject matter either of the original action
or of a counterclaim therein. The sworn statement is not admissible
in evidence because it was taken without
A cross-claim is a claim filed by one informing him of his custodial rights and
party against a co-party arising out of the without the assistance of counsel which
transaction or occurrence that is the should be independent and competent and
subject matter of the original action or a preferably of the choice of the accused.
counterclaim therein and may include a (People vs. Januario, 267 SCRA 608)
claim that the party against whom it is
asserted is or may be liable to the cross- Damages
claimant for all or part of a claim asserted
against the cross claimant. Awards for moral and exemplary
damages cannot be the subject of
A cross-claim is against a co-party. execution pending appeal. The execution
of any award for moral and exemplary
Distinguished from Counterclaim damages is dependent on the outcome of
the main case. Liabilities for moral and
A COUNTERCLAIM is any claim which a exemplary damages, as well as the exact
defending party may have against an amounts remain uncertain and indefinite
opposing party. pending resolution by the Court of Appeals
or Supreme Court. (RCPI v. Lantin, 134
A counterclaim is against an opposing SCRA 395; International School, Inc. vs.
party. Court of Appeals, 309 SCRA 474)
Credibility Dangerous Drugs Act
Refers to a witness whose testimony is The existence of the dangerous drug is

believable. a condition sine qua non for conviction.
(People vs. Danzil, 26 March 2010)
Custodial Investigation
Dead Man Statute
An admission of guilt during a
custodial investigation is a confession. To If death has closed the lips of one
be admissible in evidence, the party, the policy of the law is to close the
requirement are: lips of the other. (Goni vs. Court of
1. The confession must be voluntary; Appeals, L-77434. September 23, 1986,
2. The confession must be made with the 144 SCRA 222). This is to prevent the
assistance of competent and temptation to perjury because death has
independent counsel; already sealed the lips of the party.
3. The confession must be express; and
4. The confession must be in writing Death of Party
Page 16 of 62
purposes only of remarriage of the

Effect of the death of a party upon a present spouse, to avoid incurring the
pending action: crime of bigamy. Nonetheless, it is in the
1. When the claim in a pending action is nature of a special proceeding, being an
purely personal, the death of either of application to establish a status or a
the parties extinguishes the claim and particular fact in court.
the action is dismissed.
2. When the claim is not purely personal Decision of the Regional Trial Court
and is not thereby extinguished, the (RTC) granting the Declaration of
party should be substituted by his Presumptive Death in a special proceeding
heirs or his executor or administrator. is immediately final and executory, hence,
3. If the action is for recovery of money the remedy of the Office of the Solicitor
arising from contract, express or General (OSG) is to file petition for
implied, and the defendant dies before certiorari on the premise of grave abuse of
entry of final judgment in the court in discretion amounting to lack or excess of
which the action was pending at the jurisdiction.
time of such death, it shall not be
dismissed but shall instead be allowed Declaratory Relief
to continue until entry of final
judgment. A favorable judgment Any person interested under a deed,
obtained by the plaintiff shall be will, contract or other written instrument,
enforced in the manner provided in the whose rights are affected by a statute,
rules for prosecuting claims against executive order or regulation, ordinance,
the estate of a deceased person. or any other governmental regulation
may, before breach or violation thereof,
Decision bring an action in the appropriate Regional
Trial Court to determine any question of
It is necessary for the counsel to file a construction or validity arising, and for a
second notice of appeal after receiving the declaration of his rights or duties.
amended decision because a substantial
change was made to the original decision Default
when the monetary awards were reduced
in the amended decision and in effect the Default (before judgment): Remedies
amended decision superseded the original 1. File a motion under oath to set aside
decision. the order on default
2. Grounds: Fraud, Accident, Mistake,
A court is required to take into and Accident (FAME)
consideration only the legal issues and the 3. That he has meritorious defense
evidence admitted in the case. The
political stability and economic welfare of If it is denied, he may move to
the nation are extraneous to the case. reconsider, and if reconsideration is
They can have persuasive influence but denied, he may file the special civil action
they are not the main factors that should of certiorari for grave abuse of discretion
be considered in deciding a case. A tantamount to lack or excess of the lower
decision should be based on the law, rules court's jurisdiction.
of procedure, justice and equity. OR
He may file a petition for certiorari if
Declaration of Presumptive Death he has been illegally declared in default,
e.g. during the pendency of his motion to
Petition for Declaration of Presumptive dismiss or before the expiration of the
Death under Article 41 of the Family Code time to answer. (Matute vs. Court of
is a summary proceeding, authorized for
Page 17 of 62
Appeals, 26 SCRA 768; Acosta-Ofalia vs. The rule is applicable in Special

Sundiam, 85 SCRA 412) Proceedings. (Matute vs. CA, 31 January
1969)
Default (after judgment but before its
finality): Remedies This remedy would allow the
1. Motion for New Trial evaluation of the sufficiency of
a. Fraud prosecution’s evidence without the need of
b. Accident presenting defense evidence. It may be
c. Mistake done through the court’s initiative or upon
d. Excusable Negligence motion of the accused and after the
e. Newly Discovered Evidence prosecution rested its case.
2. Motion for Reconsideration
a. Excessive Damages Distinctions: Criminal from Civil
b. Insufficient Evidence
c. Decision or Final Order being 1. In criminal cases, demurrer to the
Contrary to Law evidence requires leave of court,
3. Appeal (if the motion is denied) otherwise, the accused would lose his
right to present defense evidence if
Default (after finality of judgment): filed and denied; in civil cases, no
Remedies leave of court is required for filing such
1. Petition for Relief from Judgment demurrer.
a. Fraud 2. In criminal cases, when such demurrer
b. Accident is granted, the dismissal of the case is
c. Mistake not appealable inasmuch as the
d. Excusable Negligence dismissal would amount to an
2. Annulment of Judgment acquittal, unless made by a court
a. Extrinsic Fraud acting without or in excess of
b. Lack of Jurisdiction jurisdiction; in civil cases, when such
3. Certiorari demurrer is granted, the dismissal of
a. Judgment is void the case can be appealed by the
b. Judicial Record plaintiff.
3. In criminal cases, the accused loses
After a defendant is declared in his right to present his defense-
default, the court shall proceed to render evidence in the trial court when he
judgment granting the claimant such relief filed the demurrer without prior leave
as his pleading may warrant, unless the of court; while in civil cases, the
court in its discretion requires the defendant loses his right to present his
claimant to submit evidence, which may defense-evidence only if the plaintiff
be delegated to the clerk of court. appealed such dismissal and the case
is before the appellate court already
The party in default cannot take part since the case would be decide only on
in the trial but shall be entitled to notice of the basis of plaintiff’s evidence on
subsequent proceedings. record.
A party may be declared in default In a civil case, the defendant has the
when he fails to answer within the time right to file a demurrer to evidence
allowed therefor, and upon motion of the without leave of court. If his demurrer is
claiming party with notice to the denied, he has the right to present
defending party, and proof of such failure. evidence. If his demurrer is granted and
on appeal by the plaintiff, the appellate
Demurrer to Evidence court reverses the order and renders
Page 18 of 62
judgment for the plaintiff, the defendant Failure to appear at the deposition-taking,
loses his right to present evidence. despite notice, the lawyer shall proceed as
follows:
In a criminal case, the accused has
to obtain leave of court to file a demurrer 1. Find out why he failed to appear at the
to evidence. If he obtains leave of court deposition taking, despite notice;
and his demurrer to evidence is denied, he 2. If failure was for valid reason, then set
has the right to present evidence in his another date for taking the deposition.
defense. If his demurrer to evidence is 3. If failure to appear at deposition taking
granted, he is acquitted and the was without valid reason, then file a
prosecution cannot appeal. motion/application in the court where
the action is pending, for and order to
If the accused does not obtain show cause for his refusal to submit to
leave of court and his demurrer to the discovery; and
evidence is denied, he waives his right to 4. For the court to issue appropriate
present evidence and the case is decided Order for non-compliance with the
on the basis of the evidence for the show-cause order, aside from
prosecution. contempt of court.
The court may also dismiss the Depositions Pending Action

action on the ground of insufficiency of the
evidence on its own initiative after giving The complainant can take the
the prosecution the opportunity to be testimony of defendant and present the
heard. documents as exhibits by taking his
deposition through oral examination or
xxxx written interrogatories. He may also file a
motion for the production or inspection of
The Court had the discretion to deny documents.
the demurrer to the evidence, because
although the evidence presented by the Derivative Suit
prosecution at the hearing for bail was not
strong, without any evidence for the Is a suit in equity that is filed by a
defense, it could be sufficient for minority shareholder in behalf of a
conviction. corporation to redress wrongs committed
against it, for which the directors refuse to
The trial court should inquire as to why sue, the real party in interest being the
the accused filed the demurrer without corporation itself. (Lint v. Lim-Yu, 352
leave and whether his lawyer knew that SCRA 216)
the effect of filing it without leave is to
waive the presentation of the evidence for Distribution and Partition of the
the accused. (People vs. Fores, 269 SCRA Estate
62)
The assignment of the two lots was
Without any evidence from the premature because the debts of the estate
accused, the prima facie evidence of the had not been fully paid.
prosecution has been converted to proof
beyond reasonable doubt. Declaration of heirship in a settlement
proceeding is not necessary. It can be
Deposition made in the ordinary action for partition
wherein the heirs are exercising the right
pertaining to the decedent, their
Page 19 of 62
predecessor-in-interest, to ask for Is a party’s reaction to a statement or

partition as co-owners. action by another person when it is
reasonable to treat the party’s reaction as
Even if real property is involved, no an admission of something stated or
publication is necessary, because what is implied by the other person.
sought is the mere segregation of the co-
owner’s Linda’s share in the property. Bar by Prior Judgment
Diversion Bar by prior-judgment is the doctrine

of res judicata, which bars a second action
Stages: when there is identity of parties, subject
1. Court-Annexed Mediation (CAM) matter and cause of action.
2. Judicial Dispute Resolution (JDR)
3. Appeals Court Mediation (ACM) Exhaustion of Administrative Appeal
During CAM, the judge refers the The proper procedure to question the
parties to the Philippine Mediation Center defect in an ECC is to follow the DENR
(PMC) for the mediation of their dispute administrative appeal process. (Paje vs.
by trained and accredited mediators. If Casiño, 3 February 2015)
CAM fails, the JDR is undertaken by the
JDR judge, acting as a mediator- Single Larceny
conciliator-early neutral evaluator. The
third case is during appeal, where covered The taking of several things, whether
cases are referred to ACM. belonging to the same or different owners,
at the same time and place. It applies in
Double Jeopardy theft cases.
Reckless Imprudence is a single quasi- Documentary Evidence

offense by itself and not merely a means
to commit other crimes, such that Consists of writings or any material
conviction or acquittal of such quasi- containing letters, words, numbers,
offense already bars subsequent figures, symbols or other modes of written
prosecution for the same quasi-offense, expressions, offered as proof of their
regardless of its various resulting acts. contents.
A judgment of acquittal is immediately Dying Declaration

executory and no appeal can be made
therefrom. Otherwise the Constitutional The statement is admissible as a dying
protection against double jeopardy would declaration if the victim subsequently died
be violated. and his answers were made under the
consciousness of impending death.
The prosecution can re-file the
information for murder in substitution of The fact that he did not sign the
the information for homicide because no statement point to the accused as his
double jeopardy has as yet attached. assailant, because he was in critical
(Galvez vs. Court of Appeals, 237 SCRA condition, does not affect its admissibility
685) as a dying declaration. A dying declaration
need not be in writing. (People vs.
Doctrines Viovicente, 286 SCRA 1)
Adoptive Admission The requisites for the admissibility of a

dying declaration are:
Page 20 of 62
1. The declaration is made by the withholding of possession bring an action

deceased under the consciousness of in the proper Municipal Trial Court (MTC)
his impending death; where the property is located.
2. The deceased was at the time
competent as a witness; Grounds:
3. The declaration concerns the cause 1. The plaintiff has prior physical
and surrounding circumstances of the possession of the property
declarant's death; and 2. The defendant deprived him of such
4. The declaration is offered in a possession by means of FISTS
(criminal) case wherein the declarant's
death is the subject of inquiry. NOTE: There must be first an amicable
settlement of the controversy before the
Ejectment appropriate Lupon or Barangay Chairman.
Execution shall issue immediately upon Unlawful Detainer

motion, unless:
1. The defendant perfects an appeal to It is not required that the plaintiff be in
the Regional Trial Court (RTC); prior physical possession of the land
2. Files a sufficient supersedeas bond to subject of the action.
pay the rents, damages and costs
accruing up to the time of the The judgment of the Municipal Trial
judgment appealed from; Court against the defendant is
3. Deposits monthly with the RTC during immediately executory upon motion
the pendency of the appeal the unless an appeal has been perfected, a
amount of rent due from time to time. supersedeas bond has been filed and the
periodic deposits of current rentals. If any,
There is no effect. The ejectment case as determined by the judgment will be
involves possession de facto only. The made with the appellate court.
action to enforce the option to purchase
will not suspend the action of ejectment Electronic Document
for non-payment of rentals. (Willman Auto
Supply Corp. vs. Court of Appeals, 208 An electronic document is also the
SCRA 108) equivalent of an original document under
the Best Evidence Rule, if it is a printout
Inasmuch as all actions of forcible or output readable by sight or other
entry and unlawful detainer are subject to means, shown to reflect the data
summary procedure and since the accurately.
counterclaim is only permissive, it cannot
be entertained by the Municipal Court. The authenticity of any private
electronic document must be proved by
The lessor can contest his ejectment evidence that it had been digitally signed
on the ground that there was no prior and other appropriate security measures
demand to vacate the premises. (Casilan have been applied.
vs.Tomassi, l0 SCRA 261; Lesaca
vs.Cuevas. 125 SCRA 335) An electronic document shall be
regarded as the equivalent of an original
Forcible Entry document under the Best Evidence Rule if
it is a printout or output readable by sight
A person deprived of the possession of or other means, shown to reflect the data
any land or building by force, intimidation, accurately.
strategy, threat, stealth (FISTS) may at
anytime within one (1) year after such Electronic Evidence
Page 21 of 62
An electronic document shall be

The Rules on Electronic Evidence regarded as the equivalent of an original
applies only to civil actions, quasi-judicial document under the Best Evidence Rule if
proceedings and administrative it is a printout or output readable by sight
proceeding, not to criminal actions. (Ang or other means, shown to reflect the data
vs. Court of Appeals, 20 April 2010) accurately.
Escheat Electronic Evidence
The action to recover escheated The Rules on Electronic Evidence

property must be filed within five (5) applies only to civil actions, quasi-judicial
years or be forever barred. proceedings and administrative
proceeding, not to criminal actions. (Ang
The venue of the escheat proceedings vs. Court of Appeals, 20 April 2010)
of a parcel of land in this case is the place
where the deceased last resided. Hearsay Rule
Evidence The hearsay rule is a rule of evidence

to the effect that a witness can testify only
Character Evidence to those facts which he knows of his own
knowledge or derived from his own
The prosecution may introduce perceptions.
evidence of the good or even bad moral
character of the victim if it tends to Consists of testimony that is not based
establish in any reasonable degree the on personal knowledge of the person
probability or improbability of the offense testifying.
charged.
The newspaper clipping is admissible
Documentary Evidence in evidence. Regardless of the truth or
falsity of a statement, the hearsay rule
Consists of writings or any material does not apply and the statement may be
containing letters, words, numbers, shown where the fact that it is made is
figures, symbols or other modes of written relevant. Evidence as to the making of
expressions, offered as proof of their such statement is not secondary but
contents. primary, for the statement itself may
constitute a fact in issue or be
Electronic Document circumstantially relevant as to the
existence of such fact. (Gotesco
An electronic document is also the Investment Corporation vs. Chatto, 210
equivalent of an original document under SCRA 18)
the Best Evidence Rule, if it is a printout
or output readable by sight or other The certification is admissible in
means, shown to reflect the data evidence. A written statement signed by
accurately. an officer having the custody of an official
record or by his deputy that after diligent
The authenticity of any private search no record or entry of a specified
electronic document must be proved by tenor is found to exist in the records of his
evidence that it had been digitally signed office, accompanied by a certificate as
and other appropriate security measures above provided, is admissible as evidence
have been applied. that the records of his office contain no
such record or entry.
Page 22 of 62
Exceptions to hearsay evidence: If the evidence was offered without

1. Dying Declaration objection, it was deemed admitted.
2. Declaration against Interest
3. Act or Declaration about Pedigree Previous Conduct
4. Family Reputation or Tradition
Regarding Pedigree Evidence that one did or did not do a
5. Common Reputation certain thing at one time is not admissible
6. Part of the Res Gestae to prove that he did or did not do the
7. Entries in the Course of Business same or a similar thing at another time;
8. Entries in Official Records but it may be received to prove a specific
9. Commercial Lists and the Like intent or knowledge, identity, plan,
10. Learned Treatises system, scheme, habit, custom or usage,
11. Testimony or Deposition at a Former and the like.
Proceeding
The Rules do not allow the prosecution
The baptismal certificate can show to adduce evidence of bad moral character
filiation or prove pedigree. It is one of the of the accused pertinent to the offense
other means allowed under the Rules of charged, except on rebuttal and only if it
Court and special laws to show pedigree. involves a prior conviction by final
(Trinidad vs. Court of Appeals, 289 SCRA judgment.
188; Heirs of Ignacio Conti vs. Court of
Appeals, 300 SCRA 345) Secondary Evidence
Entries in the family bible may be Photocopies in the hands of the parties
received as evidence of pedigree. are not duplicate original copies because
there are photocopies which were not
The certification by the civil registrar signed (Mahilum vs. Court of Appeals, 17
of the non-availability of records is needed SCRA 482). They constitute secondary
to justify the presentation of secondary evidence.
evidence, which is the photocopy of the
birth certificate of Jocelyn. (Heirs of The rules provide that when the
Ignacio Conti vs. Court of Appeals, 300 original document is lost or destroyed, or
SCRA 345) cannot be produced in court, the offerer,
upon proof of its execution or existence
Photocopies of official receipts and and the cause of its unavailability without
affidavits are not admissible without proof bad faith on his part, may prove its
of loss of the originals. contents by a copy, or by a recital of its
contents in some authentic document, or
Hearsay evidence may be defined as by the testimony of witnesses in the order
evidence that consists of testimony not stated.
coming from personal knowledge. Hearsay
testimony is the testimony of a witness as Examination
to what he has heard other persons say
about the facts in issue. Cross Examination
Opinion Evidence The cross-examination of a witness is

an absolute right, not a mere privilege of
Is expert evidence based on personal the party against whom he is called.
knowledge skill, experience, training of
the person testifying and evidence of an If a party is deprived of the
ordinary witness on limited matters. opportunity of cross examination without
fault on his part, as in case of illness and
Page 23 of 62
death of a witness after a direct

examination, he is entitled to have the To reach the bank deposit belonging to
direct testimony stricken from the records. the judgment obligor but under the
(People vs. Manchetti, 6 August 1980) assumed name, a motion may be filed for
a court order requiring the proper bank
Re-Direct Examination officer to appear in court for examination
under oath as to such bank deposit, and
On redirect examination, questions on subsequently move for a court order
matters not dealt with during the cross- authorizing the filing of an action against
examination may be allowed by the court such bank for the recovery of the
in its discretion. judgment obligor’s deposit/interest therein
and to forbid a transfer or other
Re-Cross Examination disposition of such deposit/interest within
120 days from notice of the order.
The opponent in re-cross examination
may also ask questions on such other The plaintiff can enforce the judgment
matters as may be allowed by the court in by another action reviving the Judgment
its discretion. because it can no longer be enforced by
motion as the five-year period within
Execution, Satisfaction, and Effects of which a judgment may be enforced by
Judgments motion has already expired.
The execution of judgment by mere Executor

motion is allowed by the Rules only within
five (5) years from entry of judgment; Disqualification
thereafter, and within ten (10) years from 1. A minor
entry of judgment, an action to enforce 2. Not a resident of the Philippines
the judgment is required. 3. Is in the opinion of the court unfit to
execute the duties of the trust by
No judgment obligor shall be required reason of drunkenness, improvidence,
to appear before a court, for the purpose or want of understanding or integrity,
of examination concerning his property or by reason f conviction of an offense
and income, outside the province or city in involving moral turpitude
which such obligor resides. 4. Incompetent
5. Refuses the trust
If a judgment directs a party to 6. Fails to give a bond
execute a conveyance of land or personal
property, or to deliver deeds, other He is not obliged to file with the proper
documents, or to perform, any other court a petition for probate of the
specific act in connection therewith, and testator’s last will and testament. He is
the party fails to comply within the time only obliged to deliver the will within
specified, the court may direct the act to twenty (20) days after he knows of the
be done at the cost of the disobedient death of the testator.
party by some other person appointed by
the court and the act when so done shall Expropriation
have like effect as if done by the party.
The present Rule of Procedure
A writ of execution is valid for five (5) governing expropriation requires the
years from its issuance, the sheriff should defendant to file an Answer, which must
be informed and requested to garnish or be filed on or before the time stated in the
levy on execution of the bank deposits summons. Defendant’s objections and
belonging to the judgment obligor.
Page 24 of 62
defenses should be pleaded in his Answer property involved as certified to under

not in a motion (to dismiss). oath by the parties concerned.
The expropriation here is governed by If there is only one heir, he may

Rep. Act No. 8974 which requires 100% adjudicate to himself the entire estate by
payment of the zonal value of the means of an affidavit filed in the office of
property as determined by the BIR, to be the register of deeds.
the amount deposited. Before such
deposit is made, the national government The parties or the sole heir shall file
has no right to take the possession of the simultaneously abound with the register of
property under expropriation. deeds, in an amount equivalent to the
value of the personal property as certified
Extension of Time to under oath by the parties and
conditioned upon the payment of any just
A motion for extension of time to file claim that may be filed later.
an Answer may be filed ex parte and need
not be set for hearing. (Amante vs. Facts
Suñga, 64 SCRA 192)
Adjudicative
Extrajudicial Confession
Facts found in a court decision.
The accused can testify by repeating
his earlier uncounseled extrajudicial Legislative
confession, because he can be subjected
to cross-examination. Facts mentioned in a statute or in an
explanatory note.
An illegally obtained extrajudicial
confession nullifies the intrinsic validity of Family Courts
the confession and renders it unreliable as
evidence of the truth. (Moran, vol. 5, p. Family courts have authority and
257) It is the fruit of a poisonous tree. jurisdiction to resolve the constitutionality
of a statute. This authority is embraced in
Extrajudicial Settlement of Estate the general definition of judicial power to
determine the valid and binding laws in
Extrajudicial settlement of an estate of conformity with the fundamental law.
a deceased is allowed only when the (Garcia vs. Hon. Drilon, 25 June 2013)
deceased left no last will and testament
and all debts, if any, are paid. Filing Fees
It by agreement between or among Recapitulating the rules on indigent

the heirs of the deceased may be had only litigants, therefore, if the applicant for
when the decedent left no will. exemption meets the salary and property
requirements under Section 19 of Rule
If the decedent left no will and no 141, then the grant of the application is
debts, and the heirs are all of age, the mandatory. On the other hand, when the
parties may, without securing letters of application does not satisfy one or both
administration, divide the estate among requirements, then the application should
themselves by means of a public not be denied outright; instead, the court
instrument or by stipulation in a pending should apply the indigency test under
action for partition and shall file a bond Section 21 of Rule 3 and use its sound
with the register of deeds in an amount discretion in determining the merits of the
equivalent to the value of the personal
Page 25 of 62
prayer for exemption. (Algura vs. City of Judgments of foreign courts are given
Naga, 30 October 2006) recognition in our courts, hence:
1. In case of judgment upon a specific
Rule 141, SEC. 19. Indigent thing, the judgment is conclusive upon
litigants exempt from payment of the title to the thing, unless otherwise
legal fees. INDIGENT LITIGANTS repelled by evidence of lack of
(A) WHOSE GROSS INCOME AND THAT jurisdiction, want of due notice to the
OF THEIR IMMEDIATE FAMILY DO party, collusion, fraud, or clear
NOT EXCEED AN AMOUNT DOUBLE mistake of law or fact; and
THE MONTHLY MINIMUM WAGE OF AN 2. In case of judgment against a person,
EMPLOYEE AND (B) WHO DO NOT OWN the judgment is presumptive evidence
REAL PROPERTY WITH A FAIR MARKET of a right as between the parties and
VALUE AS STATED IN THE CURRENT TAX their successors in interest by
DECLARATION OF MORE THAN THREE subsequent title, unless otherwise
HUNDRED THOUSAND (P300,000.00) repelled by evidence on grounds above
PESOS SHALL BE EXEMPT FROM stated.
PAYMENT OF LEGAL FEES. NOTE: Judgments of foreign courts may
only be enforced in the Philippines through
Rule 3, SEC. 21. Indigent party. A an action validly heard in the Regional
party may be authorized to litigate his Trial Court. Thus, it is actually the
action, claim or defense as an indigent if judgment of the Philippine court enforcing
the court, upon an ex parte application the foreign judgment that shall be
and hearing, is satisfied that the party is executed.
one who has no money or property
sufficient and available for food, shelter An action upon a judgment must be
and basic necessities for himself and his brought within ten (10) years from the
family. time the right of action accrues. It is
merely an action in a domestic court to
Forcible Invasion into the Body enforce a foreign judgment. Foreign
judgments should be treated in the same
In the past, Supreme Court has manner as domestic judgments.
already declared many invasive and
involuntary procedures (i.e examination of Foreign Law
women’s genitalia, expulsion of morphine
from one’s mouth, DNA testing) as A written foreign law may be
constitutionally sound. (Agustin vs. Court evidenced by an official publication thereof
of Appeals, 15 June 2005) or by a copy attested by the officer having
the legal custody of the record, or by his
Foreclosure of Real Estate Mortgage deputy, and accompanied. If the record is
not kept in the Philippines, with a
The foreclosure action should be certificate that such officer has the
brought in the proper court of the custody, if the office in which the record is
province where the land or any part kept is in a foreign country, the certificate
thereof is situated. may be made by a secretary of the
embassy or legation, consul general,
When the plaintiff commenced suit to consul, vice-consul, or consular agent or
collect on the promissory note, he waived by any officer in the foreign service of the
his right to foreclose the mortgage. Philippines stationed in the foreign country
in which the record is kept, and
Foreign Judgments authenticated by the seal of his office.
(Zalamea v. CA, 228 SCRA 23)
Page 26 of 62
Fruit of the Poisonous Tree

Global injunction
Said documents having been signed by
the accused while under custodial Under the rules of comity, utility and
investigation, imply an “admission” convenience, nations have established a
without the benefit of counsel. usage among civilized states by which
final judgments of foreign courts of
Applies only where the primary source is competent jurisdiction are reciprocally
shown to have been unlawfully obtained or was respected and rendered efficacious under
the result of an illegal act. (People vs. Alicando, certain conditions that may vary in
different countries. (St. Aviation Services
251 SCRA 293)
Co., Pte., Ltd. v. Grand International
Airways, Inc., 505 SCRA 30; Asiavest
An illegally obtained extrajudicial Merchant Bankers [M] Berhad v. Court of
confession nullifies the intrinsic validity of Appeals, 361 SCRA 489)
the confession and renders it unreliable as
evidence of the truth. (Moran, vol. 5, p. Guardianship
257) It is the fruit of a poisonous tree.
The venue for the appointment of an
Garnishment administrator over land and building of an
American citizen residing in California,
Is a manner of satisfying or executing declared Incompetent by an American
judgment where the sheriff may levy Court, is the RTC of the place where his
debts, credits, royalties, commission, bank property or part thereof is situated.
deposits, and other personal property not
capable of manual delivery that are in the Incapable of Pecuniary Estimation
control or possession of third persons and
are due the judgment obligor. Cases:
1. Actions for specific performance
Serving a notice of garnishment, 2. Actions for support which will require
particularly before summons is served, is the determination of the civil status
not proper. 3. The right to support the plaintiff
4. Those for the annulment of decisions
A motion to discharge on the ground of lower courts
that the writ was improvidently issued will 5. Those for the rescission or reformation
not lie, since such a motion would be of contracts
tantamount to trial on the merits of the 6. Interpretation on contractual
action which cannot be ventilated at a stipulation
mere hearing of the motion instead of a
regular trial. xxx
Distinguished from Attachment 7. Foreclosure or mortgage or annulment
of judgment
ATTACHMENT is a provisional remedy 8. Questioning the validity of mortgage
that effects a levy on property of a party 9. Annulling a deed of sale or
as security for the satisfaction of any reconveyance and to recover the price
judgment that may be recovered, while paid for rescission
GARNISHMENT is a levy on debts due the
judgment obligor or defendant and other xxx
credits, including bank deposits, royalties
and other personal property not capable of 10. Rescission of Contract (De Ungria vs.
manual delivery under a writ of execution Court of Appeals, 25 July 2011)
or a writ of attachment.
Page 27 of 62
11. Annulment of Extrajudicial Foreclosure Exceptions to hearsay evidence:

(Russell vs. Vestil, 304 SCRA 738) 1. Dying Declaration
12. The Action for Partition depends on a 2. Declaration against Interest
determination of the Hereditary Rights 3. Act or Declaration about Pedigree
of heirs, which is not capable of 4. Family Reputation or Tradition
pecuniary estimation. (Russell vs. Regarding Pedigree
Vestil, 304 SCRA 738) 5. Common Reputation
13. Action for Injunction 6. Part of the Res Gestae
7. Entries in the Course of Business
A may institute the proceedings in the 8. Entries in Official Records
RTC in accordance with the rules of venue 9. Commercial Lists and the Like
because the enforcement of the Judgment 10. Learned Treatises
is a personal action incapable of pecuniary 11. Testimony or Deposition at a Former
estimation. Proceeding
Hearsay Evidence Rule The baptismal certificate can show

filiation or prove pedigree. It is one of the
The hearsay rule is a rule of evidence other means allowed under the Rules of
to the effect that a witness can testify only Court and special laws to show pedigree.
to those facts which he knows of his own (Trinidad vs. Court of Appeals, 289 SCRA
knowledge or derived from his own 188; Heirs of Ignacio Conti vs. Court of
perceptions. Appeals, 300 SCRA 345)
Consists of testimony that is not based Entries in the family bible may be
on personal knowledge of the person received as evidence of pedigree.
testifying.
The certification by the civil registrar
The newspaper clipping is admissible of the non-availability of records is needed
in evidence. Regardless of the truth or to justify the presentation of secondary
falsity of a statement, the hearsay rule evidence, which is the photocopy of the
does not apply and the statement may be birth certificate of Jocelyn. (Heirs of
shown where the fact that it is made is Ignacio Conti vs. Court of Appeals, 300
relevant. Evidence as to the making of SCRA 345)
such statement is not secondary but
primary, for the statement itself may Photocopies of official receipts and
constitute a fact in issue or be affidavits are not admissible without proof
circumstantially relevant as to the of loss of the originals.
existence of such fact. (Gotesco
Investment Corporation vs. Chatto, 210 Hearsay evidence may be defined as
SCRA 18) evidence that consists of testimony not
coming from personal knowledge. Hearsay
The certification is admissible in testimony is the testimony of a witness as
evidence. A written statement signed by to what he has heard other persons say
an officer having the custody of an official about the facts in issue.
record or by his deputy that after diligent
search no record or entry of a specified Housing and Land Use Regulatory
tenor is found to exist in the records of his Board (HLURB)
office, accompanied by a certificate as
above provided, is admissible as evidence The HLURB that has jurisdiction over
that the records of his office contain no an action for specific performance filed by
such record or entry. a subdivision homeowner, who is a lot-
buyer or the latter’s successor-in-interest,
Page 28 of 62
against a subdivision developer. (Manila curt has the duty to make an independent
Bankers vs. Ng Kok Wei, 418 SCRA 454) assessment of the merits of the motion.
The court must itself be convinced that
Independent Civil Action there is indeed no sufficient evidence
against the accused. (Tamargo vs.
Is an action which is entirely distinct Awingan, et. al. 9 January 2010)
and separate from the criminal action.
Such civil action shall proceed In Metropolitan Manila and in
independently of the criminal prosecution chartered cities, the case has to be
and shall require only preponderance of commenced only by Information.
evidence.
An information is an accusation in
Both substantive law (Art. 33 of the writing charging a person with an offense
Civil Code) and procedural law (Rule 111, subscribed by the prosecutor and filed
Sec. 3, Rules of Criminal Procedure) with the court.
provide for the two actions to proceed
independently of each other, therefore, no An information is an accusation in
suspension of action is authorized. writing charging a person with an offense
subscribed by the prosecutor and filed
Independently Relevant Statement with the court.
The statement may be received not as Injunction

evidence of the truth of what was stated
but only as to the tenor thereof and the As a general rule, injunction will not lie to
occurrence when it was said, restrain a criminal prosecution except:
independently of whether it was true or 1. To afford adequate protection to the
false. constitutional rights of the accused;
2. When necessary for the orderly
Indirect Contempt administration of justice or to avoid
oppression or multiplicity of actions;
The charge of indirect contempt is 3. When double jeopardy is clearly
initiated through a verified petition. apparent;
4. Where the charges are manifestly false
Indispensable Party and motivated by the lust for
vengeance;
Non-joinder of an indispensable party 5. Where there is clearly no prima facie
is not a ground for the dismissal of the case against the accused and a motion
action. to quash on that ground has been
denied. (Roberts, Jr. vs. Court of
In a suit to nullify an existing Torrens Appeals, 254 SCRA 307 and Brocka vs.
Certificate of Title (TCT) in which a real Enrile, 192 SCRA 183)
estate mortgage is annotated, the
mortgagee is an indispensable party. Inquest
(Metrobank vs. Hon. Alejo, 10 September
2001) In the absence or unavailability of an
inquest prosecutor, the complaint may be
Information filed by the offended party or a peace
officer directly with the proper court on
It is well-settled that when the trial the basis of the affidavit of the offended
court is confronted with a motion to party or arresting officer or person.
withdraw an Information (based on a
resolution of the DOJ Secretary), the trial Interlocutory Order
Page 29 of 62
on motion and for good cause shown,

Is an order which decides some point extends or shortens the time.
or matter between the commencement 3. Objections to any interrogatories may
and end of the suit but it is not the final be presented to the court within ten
decision on the whole controversy. It (10) days after service thereof, with
leaves something to be done by the court notice as in case of a motion; and
before the case is finally decided o the answers shall be deferred until the
merits. (Metropolitan Bank & Trust Co. vs. objections are resolved, which shall be
Court of Appeals, 356 SCRA 563; Gallardo at as early a time as is practicable.
vs. People, 456 SCRA 494) 4. Should a party fail to file and serve
written interrogatories on an adverse
It is not a final and appealable order. party, he cannot compel the latter to
give testimony in open court or to give
Interpleader deposition pending appeal, unless
allowed by the court for good cause
Is a special civil action which is filed shown and to prevent failure of justice.
whenever conflicting claims upon the (Spouses Vicente Afulugencia and
same subject matter are or may be made Leticia Afulugencia, 5 February 2014)
against a person who claims no interest
whatever in the subject matter, or an
interest which in whole or in part is not
disputed by the claimants, he may bring Joinder of Causes of Action
an action against the conflicting claimants
to compel them to interplead and litigate The rule on JOINDER OF CAUSES OF
their several claims among themselves. ACTION is that a party may in one
pleading assert, in the alternative or
The jurisdiction for an action for otherwise join as many causes of action as
Interpleader depends upon the amount in he may have against an opposing party,
dispute. provided that the rule on joinder of parties
is complied with;
Interrogatories to Parties 1. The joinder shall not include special
civil actions or actions governed by
Procedure: special rules, but may include causes
1. Any party desiring to elicit material of action pertaining to different venues
and relevant facts from any adverse or jurisdictions provided one cause of
parties shall file and serve upon the action falls within the jurisdiction of a
latter written interrogatories to be RTC and venue lies therein; and
answered by the party served or, if the 2. The aggregate amount claimed shall
party served is a public or private be the test of jurisdiction where the
corporation or a partnership or claims in all the causes of action are
association, by any officer thereof principally for the recovery of money.
competent to testify in its behalf.
2. The interrogatories shall be answered Judicial Foreclosure
fully in writing and shall be signed and
sworn to by the person making them. The buyer in the auction sale is
The party upon whom the entitled to a writ of possession even
interrogatories have been served shall before the expiration of the redemption
file and serve a copy of the answers on period upon filing of the ex parte petition
the party submitting the for issuance of a writ of possession and
interrogatories within fifteen (15) days posting of the appropriate bond.
after service thereof, unless the court,
Page 30 of 62
It is settled that the buyer in a scheduled promulgation was for justifiable

foreclosure sale becomes the absolute cause, they may be allowed to avail of
owner of the property purchased if it is said remedies within fifteen (15) days
not redeemed within a period of one (1) from notice thereof. (People vs. De Grano,
year after the registration of the certificate 5 June 2009)
of sale. (LZK Holdings and Development
Corporation vs. Planters Development Judgment or Fallo
Bank, 27 April 2007)
Is the final disposition of the Court
A transferee or successor-in-interest of which is reflected in the dispositive portion
the auction buyer by virtue of the contract of the decision.
of sale between them, is considered to
have stepped into the shoes of the auction Judgment for Money
buyer. (Sps. Gallent vs. Velasquez, 6 April
2016) It may only be enforced against the
estate of the deceased defendant in the
Only one action for foreclosure need probate proceedings, by way of a claim
be filed as only one contract of mortgage filed with the probate court.
had been constituted. (Bank of P.I. vs.
Green, 57 Phil. 712) Judgment Nunc Pro Tunc
In judicial foreclosure by banks such An order of the court requiring a

as DBP, the mortgagor or debtor whose retroactive re-dating of an order,
real property has been sold on foreclosure judgment or document filing be entered or
has the right to redeem the property sold recorded in a judgment.
within one year after the sale (or
registration of the sale). However, the Judgment on the Pleadings
purchaser at the auction sale has the right
to obtain a writ of possession after the When the answer fails to tender an
finality of the order confirming the sale. issue, or otherwise admits the material
(Sec. 3 of Rule 68; Sec. 47 of RA 8791. allegations of the adverse party’s
The General Banking Law of 2000). The pleading.
motion for writ of possession, however,
cannot be filed ex parte. There must be a If it does not deny the material
notice of hearing. allegations in the complaint or admits said
material allegations of the adverse party’s
The deficiency claim of the bank may be pleadings by admitting the truthfulness
enforced against the mortgage debtor. thereof and/or omitting to deal with them
at all, a judgment on the pleadings is
Judgement appropriate. (Basbas vs. Sayson, 24
August 2011)
If the judgment is for conviction and
the failure of the accused to appear was When it appears, however, that not all
without justifiable cause, he shall lose the the material allegations of the complaint
remedies available against the judgment were admitted in the answer, because
and the court shall order his arrest. some of them were either denied or
disputed, and the defendant has set up
If they surrendered and filed a motion certain special defenses which, if proven,
for leave to avail of their post judgment would have the effect of nullifying
remedies within fifteen (15) days from plaintiff’s main cause of action, judgment
promulgation of judgment, and they have on the pleadings cannot be rendered.
proven that their absence at the (PNB vs. Aznar, 30 May 2011)
Page 31 of 62
in question. (U.S. v. Blanco, 37 Phil. 126;

The failure of the defendant to answer U.S. v. Hernandez, 31 Phil. 342)
a request for admission results to an
implied admission of all the matters which The RTC may not generally take
an admission is requested. judicial notice of foreign laws (In re Estate
of Johnson, 39 Phil. 156; Fluemer vs. Hix,
A motion must be filed by the adverse 54 Phil. 610), which must be proved like
party. The court cannot motu proprio any other matter of fact (Sy Joc Lieng v.
render judgment on the pleadings. Sy Quia, 16 Phil. 137) except in a few
instances, the court in the exercise of its
In annulment of marriage, even if the sound judicial discretion, may take notice
defendant admits all the allegations of foreign laws when Philippine courts are
therein contained, the material facts evidently familiar with them, such as the
alleged in the complaint must always be Spanish Civil Code, which had taken effect
proved. in the Philippines, and other allied
legislation. (Pardo vs. Republic, 85 Phil.
Judicial Affidavit Rule (A.M. No. 12-8- 324; Delgado vs. Republic, L-2546)
8-SC)
The RTC may take judicial notice of
Judicial Affidavit Rule shall apply only Rules and Regulations issued by quasi-
to criminal actions where the maximum of judicial bodies implementing statutes,
the imposable penalty does not exceed six because they are capable of
(6) years. unquestionable demonstration. (Chattamal
vs. Collector of Customs, G.R. No. 16347,
However, it applies to with respect to November 3,1920)
the civil aspect of the actions, regardless
of the penalties involved. The RTC may take judicial notice of the
fact that rape may be committed even in
The judicial affidavit is not required to public places. The "public setting" of the
be orally offered as separate documentary rape is not an indication of consent.
evidence, because it is filed in lieu of the (People vs. Tongson, 194 SCRA 257)
direct testimony of the witness. It is
offered, at the time the witness is called The Supreme Court has taken judicial
to testify, and any objection to it should notice of the fact that a man overcome by
have been made at the time of the perversity and beastly passion chooses
witness was presented. neither the time, place, occasion nor
victim. (People vs. Barcelona, 191 SCRA
Judicial Notice 100)
The RTC may motu proprio take Three instances when a Philippine
judicial notice of the street name of court can take judicial notice of a foreign
methamphetamine hydrochloride is shabu, law:
considering the chemical composition of 1. When the Philippine courts are
shabu. (People v. Macasling, 222 SCRA evidently familiar with the foreign law
630) (Moran. Vol. 5, p. 34, 1980 edition);
2. When the foreign law refers to the law
In the absence of statutory authority, of nations; and
the RTC may not take judicial notice of 3. When it refers to a
ordinances approved by municipalities published treatise, periodical or
under their territorial jurisdiction, except pamphlet on the subject of law if the
on appeal from the municipal trial courts, court takes judicial notice of the fact
which took judicial notice of the ordinance that the writer thereof is recognized in
Page 32 of 62
his profession or calling as expert on having jurisdiction to impose the

the subject. maximum and most serious penalty
imposable on an offense forming part of
Judicial Settlement the complex crime. (Cuyos vs. Garcia, 160
SCRA 302)
If the decedent is an inhabitant of the
Philippines at the time of' his death, Since the Provincial Prosecutor had no
whether a citizen or an alien, the venue authority to file the information, the court
shall be in the RTC in the province in did not acquire jurisdiction over the
which he resides at the time of his death, person of the accused and over the
not in the place where he used to live. subject matter of the offense charged.
(Jao v. Court of Appeals, 382 SCRA 407) (Cudia vs. Court of Appeals, 284 SCRA
173) Hence, this ground is not waived if
If he is an inhabitant, of a foreign not raised in a motion to quash and could
country, the RTC of any province or city in be raised at the pretrial.
which he had estate shall be the venue.
The court first taking cognizance of the An action for specific performance or,
case shall exercise jurisdiction to the in the alternative, for damages in the
exclusion of all other courts. When the amount of 180,000.00 falls within the
marriage is dissolved by the death of the jurisdiction of Metropolitan Trial Courts,
husband or wife, the community property Municipal Trial Courts, Municipal Trial
shall be inventoried, administered and Court in Cities, or Municipal Circuit Trial
liquidated, and the debts thereof paid, in Court. Although an action for specific
the testate or intestate proceedings of the performance is not capable of pecuniary
deceased spouse. If both spouses have estimation, since the alternative demand
died, the conjugal partnership shall be for damages is capable of pecuniary
liquidated in the testate or intestate estimation, it is within the jurisdiction of
proceedings of either. the Metropolitan Trial Courts in Metro
Manila. (Cruz vs. Tan, 87 Phil. 6270
Jurisdiction
Jurisdiction of Courts (MTC, RTC, FC,
In criminal cases, jurisdiction over the CA, SB, SC)
person of the accused can only be
obtained through arrest or voluntary What determines the jurisdiction of the
surrender. (Dimatulac vs. Villon, 297 court is the nature of the action pleaded
SCRA 679) as appearing from the allegations in the
complaint. (Navida vs. Hon. Dizon, Jr., 30
Is the power of the court to decide a May 2011)
case on the merits.
Where the main cause of action is the
It may not be conferred upon a court claim for damages, the amount thereof
by consent through waiver. shall be thereof shall be considered in
determining the jurisdiction of the court.
It should merely dismiss the (Adm. Circular No. 09-94, 14 June 1994)
complaint. Under the Rules, the court may
dismiss the action or claim, deny the Metropolitan Trial Court (MeTC),
motion or order the amendment of the Municipal Trial Court in Cities (MTCC),
pleading but not to forward the case to Municipal Trial Court (MTC), Municipal
another court. Circuit Trial Court (MCTC)
Jurisdiction over the whole complex Civil Cases:

crime must be lodged with the trial court
Page 33 of 62
1. Civil actions and probate proceedings, ascertained by the claimant does not
testate and intestate, including the exceed P100,000.
grant of provisional remedies in proper
cases, where the value of the personal Regional Trial Court (RTC)
property, estate, or amount of the
demand does not exceed P300,000 Civil Cases:
outside Metro Manila (MM) or does not 1. Matters incapable of pecuniary
exceed P400,000 in MM, exclusive of estimation.
interest, damages of whatever kind, 2. Title to, possession of, or interest in,
attorney’s fees, litigation expenses, real property with assessed value
and costs. exceeding P20,000 outside MM, or
2. Forcible entry and unlawful detainer exceeds P50,000 in MM.
3. Violation of Rental Law 3. Probate proceedings where the gross
4. Title to, or possession, real property, value of the estate exceeds P300,000
or any interest there where the outside MM, or exceeds P400,000 in
assessed value of the property or MM.
interest therein does not exceed 4. Admiralty or maritime cases where the
P20,000 outside MM or does not demand or claim exceeds P300,000
exceed P50,000 in MM. outside MM, or exceeds P400,000 in
5. All cases of Summary Procedure MM.
6. Small Claims 5. Other actions involving property
valued at more than P300,000
Criminal Cases: outside MM, or more than P400,000
1. Summary proceedings for violations of in MM.
city or municipal ordinances committed 6. Over cases not falling within the
within their respective territorial jurisdiction of any court, tribunal,
jurisdiction, including traffic laws. person or body exercising judicial or
2. Offenses punishable with quasi-judicial functions
imprisonment not exceeding six (6) 7. To hear and try intra-corporate
years irrespective of the amount of controversies
fine, and regardless of other imposable 8. Actions affecting ambassadors, other
accessory or other penalties, including public ministers and consuls
the civil liability arising from such 9. Petitions for certiorari, prohibition and
offenses or predicated thereon, mandamus against lower courts and
irrespective of the kind, nature, value bodies in petitions for quo warranto,
or amount thereof. habeas corpus, and writ of continuing
3. Damage to property through criminal mandamus on environmental cases.
negligence 10. Petitions for writs of habeas data and
4. Fine not more than P4,000 amparo
5. Cases covered by Summary Procedure
6. B.P. 22 Criminal Cases:
1. Offenses punishable with
Special Jurisdiction: Over petition for imprisonment exceeding six (6) years
writ of habeas corpus and application for irrespective of the amount of fine, and
bail if the RTC Judge in area is not regardless of other imposable
available. accessory or other penalties, including
the civil liability arising from such
Delegated jurisdiction: To hear and offenses or predicated thereon,
decide cadastral and land registration irrespective of the kind, nature, value
cases where there is no controversy or amount thereof.
provided the value of the land to be 2. Fine exceeding P4,000
3. Libel
Page 34 of 62
4. Violation of Comprehensive Drugs Act 3. To issue writs of certiorari, prohibition

of 2002 and mandamus against lower courts
5. Money Laundering except those under and bodies and writs of quo warranto,
Sandiganbayan habeas corpus, whether or not in aid
6. Criminal cases not within the exclusive of its appellate jurisdiction, and writ of
jurisdiction of the Sandiganbayan continuing mandamus on
environmental cases.
Family Court (FC) 4. Petitions for writs of amparo and
habeas data.
1. Petitions for guardianship, custody of 5. Appellate jurisdiction by way of
children, and habeas corpus involving ordinary appeal from the RTC and the
children Family Courts.
2. Petitions for adoption of children and 6. By way of petition for review from the
the revocation thereof RTC rendered by the RTC in the
3. Complaints for annulment of marriage, exercise of its appellate jurisdiction.
declaration of nullity of marriage, legal 7. By way of petition for review from the
separation, and those relating to decisions, resolutions, orders or
status and property relations of awards of the CSC and other bodies
husband and wife or those living mentioned in Rule 43 and the Office of
together under different status and the Ombudsman in administrative
agreements, and petitions for disciplinary cases.
dissolution of conjugal partnership of 8. Over decisions of MTCs in cadastral or
gains land registration cases pursuant to its
4. Petitions for support and/or delegated jurisdiction; this is because
acknowledgment decisions of MTCs in these cases are
5. Summary judicial proceedings brought appealable in the same manner as
under the Family Code decision of the RTCs.
6. Petitions for declaration of status of
children as abandoned, dependent or Sandiganbayan (SB)
neglected children, petitions for
voluntary or involuntary commitment 1. Violations of Anti-graft and Corrupt
of children, the suspension, Practices Act
termination or restoration of parental 2. Violations of Anti Ill Gotten Wealth Act
authority and other cases 3. Bribery where one or more of the
7. Petitions for the constitution of the principal accused are occupying the
family home following positions in the government,
8. In areas where there are no Family whether in permanent, acting or
Courts, the above-enumerated cases interim capacity at the time of the
shall be adjudicated by the RTC. commission of the offense:
9. Violence Against Women and their
Children (VAWC) cases a. "Officials of the executive branch
10. Cases where a minor is involved occupying the positions of regional
director and higher, otherwise
Court of Appeals (CA) classified as Grade '27' and
higher, of the Compensation and
1. In actions for the annulment of the Position Classification Act of 1989
judgments of the RTC. (Republic Act No. 6758),
2. To issue writs of certiorari, prohibition specifically including:
and mandamus against RTC, CSC,
other quasi-judicial agencies, and the i. "Provincial governors, vice-
NLRC, and writ of kalikasan. governors, members of the
sangguniang panlalawigan and
Page 35 of 62
provincial treasurers, 5. Civil and criminal cases filed pursuant

assessors, engineers and other to and in connection with EO Nos. 1, 2,
provincial department heads; 14-A (Sec. 4, 8249)
ii. "Mayors, vice-mayors, 6. Petitions for writs of habeas data and
members of the sangguniang amparo
panlungsod, city treasurers,
assessors engineers and other Supreme Court (SC)
city department heads;
iii. "Officials of the diplomatic 1. Petitions for certiorari, prohibition,
service occupying the position mandamus against the CA, COMELEC,
of consul and higher; COA, CTA, Sandiganbayan,
iv. "Philippine army and air force Ombudsman [this is actually the mode
colonels, naval captains, and all of review (in criminal cases only; not
officers of higher rank; in administrative cases which are
v. "Officers of the Philippine appealable to CA under Rule 43)].
National Police while occupying 2. Petitions for certiorari, prohibition and
the position of provincial mandamus against the RTC, CSC,
director and those holding the quasi-judicial agencies, and writ of
rank of senior superintendent kalikasan (which may be filed with SC
or higher; or CA), all subject to the doctrine of
vi. "City and provincial prosecutors hierarchy of courts.
and their assistants, and 3. Petitions for quo warranto, and writs of
officials and prosecutors in the habeas corpus, all subject to hierarchy
Office of the Ombudsman and of courts.
special prosecutor; 4. Petitions for writs of amparo and
vii. "Presidents, directors or habeas data.
trustees, or managers of 5. In cases affecting ambassadors, public
government-owned or - ministers and consuls.
controlled corporations, state 6. Petition for review on certiorari (appeal
universities or educational by certiorari under Rule 45) against
institutions or foundations; CA, Sandiganbayan, RTC on pure
questions of law; and in cases
b. "Members of Congress and officials involving the constitutionality or
thereof classified as Grade'27'and validity of a law or treaty, international
up under the Compensation and or executive agreement, law,
Position Classification Act of 1989; presidential decree, proclamation,
c. "Members of the judiciary without order, instruction, ordinance or
prejudice to the provisions of the regulation, legality of a tax, impost,
Constitution; assessment, toll or penalty,
d. "Chairmen and members of jurisdiction of a lower court; and CTA
Constitutional Commissions, in its decisions rendered en banc.
without prejudice to the provisions
of the Constitution; and Factual Issues May Be Resolved Under
e. "All other national and local the following Circumstances:
officials classified as Grade'27'and 1. When the findings are grounded
higher under the Compensation entirely on speculation, surmises or
and Position Classification Act of conjectures
1989. 2. When the inference made is manifestly
mistaken, absurd or impossible
4. Other offenses or felonies committed 3. When there is grave abuse of
by the public officials and employees discretion
Page 36 of 62
4. When the judgment is based on property must be situated also in the

misapprehension of facts same city or municipality.
5. When the findings of facts are
conflicting The execution of settlement or
6. When in making its findings the CA agreement may only be made within the
went beyond the issues of the case, or period of six (6) months. Otherwise, the
its findings are contrary to the prevailing party should move to execute
admissions of both the appellant and the settlement or agreement in the
the appellee appropriate city or municipal court.
7. When the findings are contrary to the
trial court The object of the Katarungang
8. When the findings are conclusions Pambarangay Law is to effect an amicable
without citation of specific evidence on settlement of disputes among family and
which they are based barangay members at the barangay level
9. When the facts set forth in the petition without judicial recourse and consequently
as well as in the petitioner’s main and help relieve the courts of docket
reply briefs are not disputed by the congestion.
respondent
10. When the findings of fact are premised The conciliation proceedings under the
on the supposed absence of evidence Katarungang Pambarangay Law, lawyers
and contradicted by the evidence on are prohibited from appearing for the
record parties. Parties must appear in person
11. When the CA manifestly overlooked only except minors or incompetents who
certain relevant facts not disputed by may be assisted by their next of kin who
the parties, which, if properly are not lawyers.
considered, could justify a different
conclusion The Lupon of each barangay shall have
the authority to bring together the parties
Jurisdiction Over the Person actually residing in the same municipality
or city for amicable of all disputes except:
Jurisdiction over the person of a 1. Where one party is the government or
plaintiff is acquired by the court upon the any subdivision or instrumentality
filing of plaintiff’s complaint therewith. thereof
Residency or citizenship is not a 2. Where one party is a public officer or
requirement for filing a complaint. employee, and the dispute relates to
the performance of his official
Just Compensation functions
3. Offenses punishable by imprisonment
It’s determination is a judicial function exceeding one (1) year of a fine
and Congress may not supplant or prevent exceeding P5,000
the exercise of judicial discretion to 4. Offenses where there is no private
determine just compensation. (EPZA vs. offended party
Dulay, 149 SCRA 305) 5. Where the dispute involves real
properties located in different cities or
Katarungang Pambarangay municipalities unless the parties
thereto agree to submit their
The required conciliation/mediation differences to amicable settlement by
before the proper Barangay as mandated an appropriate lupon
by the Local Government Code governs 6. Disputes involving parties who actually
only when the parties to the dispute reside reside in barangays of different cities
in the same city or municipality, and if or municipalities, except where such
involving real property, as in this case, the barangay units adjoin each other and
Page 37 of 62
the parties thereto agree to submit A petition for issuance of letters of

their differences to amicable administration may be contested on either
settlement by an appropriate lupon of two grounds: (1) the incompetency of
7. Such other classes of disputes which the person for whom letters are prayed
the President may determine in the therein; and (2) the contestant’s own
interest of justice or upon the right to the administration.
recommendation of the Secretary of
Justice A petition for letters of administration
8. Any complaint by or against may be filed by any “interested person”.
corporations, partnerships, or judicial
entities. The reason is that only Unless it is shown that the court
individuals shall be parties to a gravely-abused its discretion in appointing
barangay conciliation proceedings the illegitimate child as administrator,
either as complainants or respondents instead of the spouse, the appointment is
9. Disputes where urgent legal action is valid. While the spouse enjoys preference,
necessary to prevent injustice from it appears that the spouse has neglected
being committed or further continued, to apply for letters of administration within
specifically: thirty (30) days from the death of the
a. A criminal case where the accused decedent. (Gaspay, Jr. vs. Court of
is under police custody or Appeals, 238 SCRA 163)
detention
b. A petition for habeas corpus by a Levy on Execution
person illegally detained or
deprived of his liberty or ne acting Is a manner of satisfying or executing
in his behalf judgment where the sheriff may sell
c. Actions coupled with provisional property of the judgment obligor if he is
remedies, such as preliminary unable to pay all or part of the obligation
injunction, attachment, replevin in cash, certified bank check or any other
and support pendente lite manner acceptable to the obligee. If the
d. Where the action may be barred by obligor does not chose which among his
a statute of limitations property may be sold, the sheriff shall sell
10. Labor disputes or controversies arising personal property first and then real
from employer-employee relationship property second.
11. Where the dispute arises from CARL
12. Actions to annul judgment upon a The option to immediately choose
compromise which can be directly filed which property or part thereof may be
in court levied upon, sufficient to satisfy the
judgment, is vested by law upon the
Lawyer-Client Privilege judgment obligor.
The subject on which the counsel Libel

would be examined has been made public
in the affidavit he offered and thus, no The venue for the civil action shall be
longer privileged, aside from the fact that the place where the defamatory article
it is in respect of what the counsel was printed and first published.
witnessed during the incident and not to
the communication made by the client to The civil action for damages in cases
him or the advice he gave thereon in his of written defamation may be filed
professional capacity. separately in the Regional Trial Court were
the libelous article was printed and first
Letters of Administration published, regardless of the amount of
damages being claimed.
Page 38 of 62
strained between spouses because there

Litis Pendentia is no more harmony, peace or tranquility
to be preserved.
The question of who between the
spouses should have custody of their Their child may not be compelled to
minor child could also be determined in testify but is free to testify
the petition for declaration of nullity of against either of them.
their marriage which is already pending.
In other words, the petition filed, praying Miranda Rights
for custody of the minor child is
unnecessary and violates only the cardinal The uncounselled extrajudicial
rules of procedure against multiplicity of confession without a valid waiver of
suits. Hence, the latter suit may be abated Miranda Rights, is inadmissible, as well as
by a motion to dismiss on the ground of any information derived therefrom.
litis pendentia. (Yu v. Yu, 484 SCRA 485)
The accused was not informed of his
Mandamus right to be warned and he was not
informed of the Miranda Rights particularly
Mandamus does not lie to compel the the right to remain silent. Additionally, it
performance of a discretionary duty. does not appear that the counsel present
(Paloma vs. Mora, 23 September 2005) is his counsel of his choice.
Mandamus is available to enforce the Waiver of the right to a lawyer must

accused’s constitutional right to a speedy be done in writing and in the presence of
trial which was capriciously denied to him. independent counsel. (People vs Mahinay,
302 SCRA 455; People vs. Espiritu, 302
There is absolutely no justification for SCRA 533)
postponing an arraignment of the accused
nineteen (19) times and over a period of The sworn statement is not admissible
two (2) years. The numerous, in evidence because it was taken without
unreasonable postponements of the informing him of his custodial rights and
arraignment demonstrate an abusive without the assistance of counsel which
exercise of discretion. (Lumanlaw v. should be independent and competent and
Peralta, 482 SCRA 396) preferably of the choice of the accused.
(People vs. Januario, 267 SCRA 608)
The remedy applies only where
petitioner’s right is founded clearly in law, Modes of Discovery
now when it is doubtful.
In the absence of special provisions,
Marital Disqualification the rules provided for in ordinary civil
actions shall be, as far as practicable,
It prohibits one spouse from testifying applicable in special proceedings.
for or against the other without the
latter’s consent except in civil case by one Modes of Discovery:
against the other, or in a criminal case for 1. DEPOSITION. By leave of court after
a crime committed by one spouse against jurisdiction has been obtained over
the other or the latter’s directs descendant any defendant or over property which
or ascendant. is the subject of the action, or without
such leave after an answer has been
It is well-settled that the marital served, the testimony of any person,
disqualification rule does not apply when whether a party or not, may be taken,
the marital and domestic relations are so at the instance of any party, by
Page 39 of 62
deposition upon oral examination or Motion to Dismiss the Complaint (Civil

written interrogatories. Case)
2. INTERROGATORIES TO PARTIES.
Under the same conditions, any party Nonjoinder and misjoinder of parties is
shall file and serve upon any adverse not a ground for dismissal of actions.
party written interrogatories regarding
material and relevant facts to be It should merely dismiss the
answered by the party served. complaint. Under the Rules, the court may
3. ADMISSION BY ADVERSE PARTY. At dismiss the action or claim, deny the
any time after issues have been motion or order the amendment of the
joined, a party may file and serve pleading but not to forward the case to
upon any other party a written request another court.
for the admission by the latter of the
genuineness of any material and Grounds for Motion to Dismiss:
relevant document or of the truth of 1. That the court has no jurisdiction over
any material and relevant matter of the person of the defending party;
fact. 2. That the court has no jurisdiction over
4. PRODUCTION OR INSPECTION OF the subject matter of the claim;
DOCUMENTS OR THINGS. Upon 3. That venue is improperly laid;
motion of any party showing good 4. That the plaintiff has no legal capacity
cause therefore, a court may order any to sue;
party to produce and permit the 5. That there is another action pending
inspection and copying or between the same parties for the same
photographing of any designated cause;
documents, etc. or order any party to 6. That the cause of action is barred by a
permit entry upon designated land or prior judgment or by the statute of
property for inspecting, measuring, limitations;
surveying, or photographing the 7. That the pleading asserting the claim
property or any designated relevant states no cause of action;
object or operation thereon. 8. That the claim or demand set forth in
the plaintiff's pleading has been paid,
5. PHYSICAL AND MENTAL EXAMINATION waived, abandoned, or otherwise
OF PERSONS. in an action in which the extinguished;
mental or physical condition of a party 9. That the claim on which the action is
is in controversy, the court in which founded is unenforceable under the
the action is pending may in its provisions of the statute of frauds; and
discretion order him to submit to a 10. That a condition precedent for filing
physical or mental examination by a the claim has not been complied with.
physician.
Motion Motion to Quash the Information

(Criminal Case)
A motion is a mere application for
relief other than by a pleading. Grounds to Quash the Information:
1. That the facts charged do not
Motion for Reconsideration constitute an offense;
2. That the court trying the case has no
Motion for reconsideration must jurisdiction over the offense charged;
contain notice of hearing, otherwise, it is 3. That the court trying the case has no
defective. jurisdiction over the person of the
accused;
Page 40 of 62
4. That the officer who filed the

information had no authority to do so; The effect of the non-joinder of a
5. That it does not conform substantially necessary party may be stated as follows:
to the prescribed form; The court may order the inclusion of an
6. That more than one offense is charged omitted necessary party if jurisdiction
except when a single punishment for over his person may be obtained. The
various offenses is prescribed by law; failure to comply with the order for his
7. That the criminal action or liability has inclusion without justifiable cause to a
been extinguished; waiver of the claim against such party.
8. That it contains averments which, if The court may proceed with the action but
true, would constitute a legal excuse the judgment rendered shall be without
or justification; and prejudice to the rights of each necessary
9. That the accused has been previously party.
convicted or acquitted of the offense
charged, or the case against him was Newly Discovered Evidence
dismissed or otherwise terminated
without his express consent. Requisites:
1. The evidence was discovered after the
Multiplicity of Suits trial
2. Such evidence could not have been
The law abhors the multiplicity of discovered and produced at the trial
suits. with reasonable diligence
3. Tat it is material, not merely
Municipal Trial Court (MTC) cumulative, corroborative or
impeaching, and is of such weigh that,
Decisions of the MTC in the exercise of if admitted will probably change the
its original jurisdiction can be appealed to judgment. (Commissioner of Internal
the Regional Trial Court (RTC) under Rule Revenue vs. A. Soriano Corporation,
40. 267 SCRA 313)
The judgment of the MTC in the Nolle Prosequi

exercise of its delegated jurisdiction in
land registration cases shall be appealable Is a Latin phrase meaning “will no
in the same manner as decisions of the longer prosecute” or a variation on the
RTC. Thus, an ordinary appeal to the same. It amounts to a dismissal of
Court of Appeals (CA) by filing a notice of charges by the prosecution.
appeal is the appropriate remedy.
When a criminal case is dismissed on
It is settled that forcible entry and nolle prosequi before the accused is
unlawful detainer cases are within the placed on trial and before he is called on
exclusive original jurisdiction of the MTC. to plead, this is not equivalent to an
acquittal and does not bar a subsequent
Inferior courts have jurisdiction to prosecution for the same offense. (Galvez
resolve questions of ownership only vs. Court of Appeals, 237 SCRA 685.
whenever it is necessary to decide the
question of possession in an ejectment Non-Human Evidence
case. (Serrano vs. Spouses Gutierrez, 10
November 2006) The law permits it on the ground that
machines and animals, unlike humans,
See Jurisdiction of Courts. lack a conscious motivation to tell
falsehoods, and because the workings of
Necessary Party machines can be explained by human
Page 41 of 62
witnesses who are then subject to cross- Decision of the Regional Trial Court
examination by opposing counsel. (RTC) granting the Declaration of
Presumptive Death in a special proceeding
Object Evidence is immediately final and executory, hence,
the remedy of the Office of the Solicitor
Are those addressed to the senses of General (OSG) is to file petition for
the court. certiorari on the premise of grave abuse of
discretion amounting to lack or excess of
Objections jurisdiction.
Two (2) kinds: Ombudsman

1. The evidence being presented is not
relevant to the issue; Decisions in administrative cases can
2. The evidence is incompetent or be appealed by petition for review under
excluded by the law or the rules Rule 43 before the Court of Appeals (CA).
An example of the first is when the Decisions in criminal cases can be filed
prosecution offers as evidence the alleged with the Supreme Court under certiorari of
offer of an Insurance company to pay for Rule 65.
the damages suffered by the victim in a
homicide case. The Ombudsman is expressly
authorized to issue an order of preventive
An example of the second is the suspension of not more than six (6)
evidence obtained in violation of the months without pay. (Lastimosa vs.
Constitutional prohibition against Vasquez)
unreasonable searches and seizures and
confessions and admissions in violation of The Ombudsman may utilize the
the rights of a person under custodial personnel of his office and/or designate or
Investigation. deputize any fiscal, state prosecutor or
lawyer in the government service to act as
Offer a special investigator or prosecutor to
assist in the investigation and prosecution
Testimonial evidence is formally of certain cases. Those designated or
offered at the time the witness is called to deputized to assist him herein provided
testify. shall be under his supervision and control.
Documentary evidence is formally One-Day Examination of Witness Rule

offered after the presentation of the (A.M. No. 03-1-09-SC)
testimonial evidence.
A witness has to be fully examined in
The same is true with object evidence. one (1) day only. This rule shall be strictly
It is also offered after the presentation of adhered to subject to the court’s
the testimonial evidence. discretion during trial on whether or not to
extend the direct and/or cross-
Office of the Solicitor General (OSG) examination for justifiable reasons.
In the discharge of its task, the Opinion of the Court

primordial concern of the OSG is to see to
it that the best interests of the Is contained in the body of the
government is upheld. (COMELEC vs. decision that serves as guide or
Quijano-Padilla, 389 SCRA 353) enlightenment to determine the ratio
decidendi of the decision.
Page 42 of 62
Order of Execution How may the Heirs Impugn the Filiation?

1. If the husband should die before the
An Order of Execution issued by the expiration of the period fixed for
Regional Trial Court (RTC) may be bringing his action;
questioned by filing a petition for certiorari 2. If he should die after the filing of the
under Rule 65 before the Court of complaint, without having desisted
Appeals. therefrom;
3. If the child was born after the death of
Parol Evidence Rule the husband.
It is an oral agreement not included in Petition for Relief from Judgment

the document.
It is available only when the judgment
When the terms of an agreement are or order in question is already final and
reduced in writing, it is deemed to contain executory, i.e., no longer appealable. As
all the terms agreed upon and no evidence an extraordinary remedy, a petition for
of such terms can be admitted other than relief from judgment may be availed only
the contents of the said written in exceptional cases where no other
agreement. (Financial Building remedy is available.
Corporation vs. Rudlin International
Corporation, 4 October 2010) The dismissal of petition for relief also
dissolves the writ of preliminary injunction
It is designed to give certainty to a staying the enforcement of the judgment,
transaction which has been reduced to even if the dismissal is not yet final.
writing, because written evidence is much (Golez vs. Leonidas, 107 SCRA 187)
more certain and accurate than that which
rests on fleeting memory only. (Francisco, A petition for relief may be filed on the
Rules of Court Vol. VII, Part I. p. 154) grounds of fraud, accident, mistake or
excusable negligence within a period of
Partition sixty (60) days after the petitioner learns
of the judgment or final order and not
The widow and her children cannot file more than six (6) months after such
a separate petition for partition pending judgment or final order was entered
the probate of the will. Partition is part of (Soriano v. Asi, 100 Phil. 785)
the testate estate proceeding. (Vda. de
Kilayko vs. Tengco, 207 SCRA 600) Physician-Patient Communication
Declaration of heirship in a settlement It involves only persons authorized to

proceeding is not necessary. It can be practice medicine, surgery or obstetrics.
made in the ordinary action for partition
wherein the heirs are exercising the right Pre-Trial
pertaining to the decedent, their
predecessor-in-interest, to ask for It is a policy of the Rules that parties
partition as co-owners. should be afforded reasonable opportunity
to bring about a complete determination
Even if real property is involved, no of the controversy between them,
publication is necessary, because what is consistent with substantial justice. The
sought is the mere segregation of the co- matter is addressed to the sound and
owner’s Linda’s share in the property. judicious discretion of the trial court.
Paternity Filiation
Page 43 of 62
The offer is not a judicial admission of 2. The pre-trial in a criminal case does
guilt because it has not been reduced in not consider the possibility of a
writing or signed by the accused. compromise, which is one important
aspect of the pre-trial in a civil case.
Judgment by default is not allowed by 3. In a criminal case, a pre-trial
mere failure of the defendant to appear. agreement is required to be reduced to
The only consequence is that the plaintiff writing and signed by the accused and
can present his evidence ex parte and the his counsel; while in a civil case, the
court may render judgment on the basis agreement may be contained in the
thereof. pretrial order.
Remedies: Precautionary Principle

1. Motion for Reconsideration
2. Motion for New Trial It states that when human activities
3. Appeal may lead to threats of serious and
4. Petition for Relief from a Judgment of irreversible damage to the environment
Default that is scientifically plausible but
5. Annulment of Judgment uncertain, actions shall be taken to avoid
6. Petition for Certiorari or diminish that threat.
If in the pretrial agreement signed by Prejudicial Question

the accused and his counsel, the accused
admits the documentary evidence of the In order for a prejudicial question to
prosecution, it does not violate his right exist, the civil action must precede the
against self-incrimination. (Bayas vs. filing of the criminal action. (Dreamwork
Sandiganbayan, 391 SCRA415) Construction, Inc. vs. Janiola, 30 June
2009)
After the last pleading, the plaintiff has
the duty to promptly move ex parte that Elements:
the case be set for pre-trial. The reason is 1. The previously instituted civil action
that it is the plaintiff who knows when the involves an issue similar or intimately
last pleading has been filed and it is the related to the issue raised in the
plaintiff who has the duty to prosecute. subsequent criminal action; and
2. The resolution of such issue
The reason for the rule against the determines whether or not the criminal
admission of an offer of compromise in action may proceed.
civil case as an admission of any liability is
that parties are encouraged to enter into Is an issue involved in a civil action
compromises. Courts should endeavor to which is similar or intimately related to
persuade the litigants in a civil case to the issue raised in the criminal action, the
agree upon some fair compromise. (Art. resolution of which determines whether or
2029, Civil Code). During pre-trial, courts not the criminal action may proceed.
should direct the parties to consider the
possibility of an amicable settlement. Preliminary Attachment
Criminal Case vs. Civil Case The Rules do not require prior service
of summons for the proper issuance of a
1. The pre-trial in a criminal case is writ of attachment.
conducted only "where the accused
and counsel agree"; while the pre-trial To be properly executed, it must only
in a civil case is mandatory. be served simultaneously or at least after
Page 44 of 62
the service of summons to the defendant. Although the property of an

(Torres vs. Satsatin, 25 November 2009) incompetent under guardianship is in
custodia legis, it may be attached as in
It is not correct to contend that the fact it is provided that in such case, a
defendant’s filing of a counterbond copy of the writ of attachment shall be
constitutes a waiver of his right to proceed filed with the proper court and notice of
against the attachment bond for the the attachment served upon the custodian
damages he suffered from the of such property.
unwarranted attachment.
A claim, for damages may be made on
It may be issued ex parte or upon account of improper, irregular or
motion with notice and hearing. excessive attachment, which shall be
heard with notice to the adverse party and
The fact that the writ of attachment was his surety or sureties. (Javellana vs. D.O.
served ahead of the summons did not Plaza Enterprises Inc., 32 SCRA 281)
affect the jurisdiction of the court over his
person. The effect is that the writ is not Preliminary Injunction
enforceable. All that is needed to be done
is to re-serve the writ. (Onate vs. A writ of preliminary injunction may
Abrogar, 241 SCRA 659) not be issued ex parte. As provided in the
Rules, no preliminary injunction shall be
The judgment against the surety is not granted without hearing and prior notice
sound if due notice was not given to him to the party or person sought to be
of the applicant for damages. Moreover, enjoined. The reason is that a preliminary
the judgment against the surety cannot injunction may cause grave and
exceed the amount of its counterbond. irreparable injury to the party enjoined.
An order of attachment may be issued Preliminary Investigation

ex-parte orupon motion with notice and
hearing. The reason why the order may be The lack of preliminary investigation is
issued ex parte is: that requiring notice to not a ground for a motion to quash.
the adverse party and a hearing would Preliminary investigation is only a
defeat the purpose of the provisional statutory right and can be waived. The
remedy and enable the adverse party to accused should instead file a motion for
abscond or dispose of his property before reinvestigation within five (5) days after
a writ of attachment issues. (Mindanao he learns of the filing in Court of the case
Savings and Loan Association, Inc. vs. against him.
Court of Appeals, 172 SCRA 480)
Is a provisional remedy. It may be
Distinguished from Garnishment sought at the commencement of an action
or at any time before entry judgment
ATTACHMENT is a provisional remedy where property of an adverse party may
that effects a levy on property of a party be attached as security for the satisfaction
as security for the satisfaction of any of any judgment, where this adverse party
judgment that may be recovered, while is about to depart from the Philippines,
GARNISHMENT is a levy on debts due the where he has intent to defraud or has
judgment obligor or defendant and other committed fraud, or is not found in the
credits, including bank deposits, royalties Philippines. Affidavit and bond is required.
and other personal property not capable of It is discharged upon payment of a
manual delivery under a writ of execution counterbond.
or a writ of attachment.
Preponderance of Evidence
Page 45 of 62
any advice or treatment given by him or

It means that the evidence as a whole any information which he may have
adduced by one side is superior to that of acquired in his professional capacity.
the other. This is applicable in civil cases.
(Sec. 1 of Rule 133; Municipality of Probable Cause
Moncada v. Cajuigan, 21 Phil, 184)
The determination of probable cause is
Decision of the Regional Trial Court within the discretion of the prosecutor.
(RTC) granting the Declaration of The remedy is an appeal to the Secretary
Presumptive Death in a special proceeding of Justice.
is immediately final and executory, hence,
the remedy of the Office of the Solicitor Processual Presumption
General (OSG) is to file petition for
certiorari on the premise of grave abuse of If a foreign law was pleaded as
discretion amounting to lack or excess of part of the defense of defendant but no
jurisdiction. evidence was presented to prove the
existence of said law, the presumption is
Priest-Confessor Communication that the wordings of the foreign law are
the same as the local law. (Northwest
The disqualification requires that the Orient Airlines vs. Court of Appeals, 241
same were made pursuant to a religious SCRA 192; Moran, Vol. 6. page 34, 1980
duty enjoined in the course of discipline of edition; Lim vs. Collector of Customs, 36
the sect or denomination to which they Phil. 472). This is known as the
belong and must be confidential and PROCESSUAL PRESUMPTION.
penitential in character.
Production or Inspection of Material
Privileged Communication Evidence
Under the Rule on privileged It authorizes the defense to inspect,

communication, the husband or the wife, copy or photograph any evidence of the
during or after the marriage, cannot be prosecution in its possession after
examined without the consent of the other obtaining permission from the court.
as to any communication received in (Webb vs. De Leon, 247 SCRA 652).
confidence by one from the other during
the marriage except in a civil case filed The defendant has the right to inspect
by one against the other, or in criminal and verify the original of the promissory
case for a crime committed by one note so that he could intelligently prepare
against the other or the latter’s direct his answer.
descendants or ascendants.
Promulgation of Judgment
Privileged communication applies only
in civil cases and not in a criminal case. Requites:
1. A valid notice of promulgation of
The notes, memoranda, and writings judgment;
made by counsel in pursuance of is 2. Said notice was duly furnished to the
professional duty, form part of his private accused personally or thru counsel;
and confidential files in the cases handled 3. Accused failed to appear on the
by him, hence, privileged. scheduled date of promulgation of
judgment despite due notice;
As a doctor who used to treat his 4. Such judgment be recorded in the
patient, he is disqualified to testify against criminal docket;
his patient over the latter’s objection as to
Page 46 of 62
5. Copy of said judgment had been duly for the offended party to give her consent
served upon the accused or his thereto.
counsel.
Provisional dismissal shall become
In the absence of the accused, the permanent one (1) year in the case of
promulgation shall be made by recording penalty not more than six (6) years or two
the Judgment in the criminal docket and a (2) years in the case of penalty exceeding
copy thereof served upon the accused or six (6) years after issuance of the order.
counsel.
Provisional Remedies
The trial court cannot order the arrest
of the accused if the judgment is one of The provisional remedies under the
acquittal and, in any event, his failure to Rules are:
appear was with justifiable cause since he 1. Preliminary attachment;
had to attend to another criminal case 2. Preliminary injunction;
against him. 3. Receivership;
4. Replevin; and
Prosecution of Civil Action 5. Support pendente lite.
If the judgment of acquittal in the Publication

criminal case finds that the act or
omission from which the civil liability may The publication of the settlement does
arise does not exist, the court may receive not constitute constructive notice to the
it in evidence over the objection by the heirs who had no knowledge or did not
Complainant. take part in it because the same was
notice after the fact of execution. The
Prosecution of Offenses requirement of publication is intended for
the protection of creditors and was never
The aggravating circumstance of intended to deprive heirs of their lawful
unlawful entry in the complainant’s abode participation in the decedent’s estate. She
has to be specified in the information; can file the action therefor within four (4)
otherwise, it cannot be considered as years after the settlement was registered.
aggravating.
Quasi-Judicial Agencies
In case of a minor, to file the
complaint herself independently of her Housing and Land Use Regulatory
grandparents, because she is not Board (HLURB)
incompetent or incapable to doing so upon
grounds other than her minority. The HLURB that has jurisdiction over
an action for specific performance filed by
If she was prevented by her a subdivision homeowner, who is a lot-
grandparents to file charges for rape, any buyer or the latter’s successor-in-interest,
witness may files a complaint against the against a subdivision developer. (Manila
offender. Bankers vs. Ng Kok Wei, 418 SCRA 454)
Provisional Dismissal National Labor Relations Commission

(NLRC)
The provisional dismissal of the case
was proper because the accused gave his The mode of review is via a special
express consent thereto and the offended civil action for certiorari under Rule 65,
party was notified. It was not necessary but pursuant to the hierarchy of courts
enunciated in the case of St. Martin’s
Page 47 of 62
Funeral Homes vs. NLRC, the same should The jurisdiction for an action for
be filed in the Court of Appeals. Replevin depends upon the value of the
personal property.
Question of Fact
Remedial Law
When the doubt or difference arises as
to the truth or falsehood of alleged facts. It is a branch of public law which
(Ramos vs. Pepsi-Cola Bottling Co. of the prescribes the procedural rules to be
Phil., 19 SCRA 289) observed in litigations, whether civil,
criminal, or administrative, and in special
Question of Law proceedings, as well as the remedies or
reliefs available in each case.
When the doubt or difference arises as
to what the law is on a certain state of Prescribes the method of enforcing
facts. (Ramos vs. Pepsi-Cola Bottling Co. rights or obtaining redress for their
of the Phil., 19 SCRA 289) invasion. (Bustos v. Lucero, 81 Phil. 540,
650)
Quo Warranto
Implemented in our system of
When the Solicitor General commences government through the pillars of the
the action for quo warranto, it may be judicial system, including the prosecutory
brought in a RTC in the City of Manila, as service, our courts of justice and quasi
in this case, in the Court of Appeals or in judicial agencies.
the Supreme Court.
Remedies
Receivership
Motion to Dismiss (granted); Lack of
The Rules provide that receivership is Cause of Action
proper in an action by the mortgagee for 1. File a Motion for Reconsideration (MR),
the foreclosure of a mortgage when it if denied, file an appeal; or
appears that the property is in danger of 2. File an MR, if denied, file a petition for
being wasted or dissipated or materially certiorari under Rule 65; or
injured and that its value is probably 3. File an MR, if denied, simply refile the
insufficient to discharge the mortgage Complaint; or
debt. 4. Amend the Complaint.
Replevin Motion to Dismiss (denied)

1. File a Motion for Reconsideration (MR),
The court shall issue an order and the if denied, file a petition for certiorari
corresponding writ upon the filing of such under Rule 65; or
affidavit and approval of the bond. There 2. File an Answer.
are no requirements of prior notice and
hearing. Before Finality of Decision
1. A motion for reconsideration;
Replevin or delivery of personal 2. A motion for new trial;
property consists in the delivery, by order 3. Appeal.
of the court, of personal property by the
defendant to the plaintiff, upon the filing After Finality of Decision
of a bond. (Calo vs. Roldan, 76 Phil. 445) 1. Petition for relief from judgment;
2. Annulment of judgment;
3. Petition for certiorari.
Page 48 of 62
Decision of the Regional Trial Court

(RTC) granting the Declaration of The Essential Requisites of Res
Presumptive Death in a special proceeding Judicata are:
is immediately final and executory, hence, 1. The judgment or order rendered must
the remedy of the Office of the Solicitor be final;
General (OSG) is to file petition for 2. The court rendering the same must
certiorari on the premise of grave abuse of have jurisdiction of the subject matter
discretion amounting to lack or excess of and of the parties;
jurisdiction. 3. It must be a judgment or order on the
merits; and
Reply 4. There must be between the two cases
identity of parties, identity of subject
A reply is generally optional. If it is not matter, and identity of causes of
filed, the new matters alleged in the action. (San Diego vs. Cardona, 70
answer are deemed controverted. Phil. 281)
However, since the contract of lease
attached to the answer is the basis of the Res Judicata in Prion Grey
defense, by not filing a reply denying
under oath the genuineness and due Is the criminal concept of double
execution of said contract, the plaintiff is jeopardy, as “res judicata” is the doctrine
deemed to have admitted the genuineness of civil law. (Trinidad vs. Office of the
and due execution thereof. (Toribio vs. Ombudsman, 4 December 2007)
Bidin, 134 SCRA 162 [1985])
Reverse Trial
Res Gestae
It is one where the defendant or the
A statement made under the influence accused present evidence ahead of the
of a startling event is an exception being plaintiff or prosecution and the latter is to
part of res gestae. present evidence by way of rebuttal to the
former’s evidence.
Res Inter Alios Acta
This kind of trial may take place in a
The rights of a party cannot be civil case when the defendant’s Answer
prejudiced by the act, declaration or pleads new matters by way of affirmative
omission of another. defense, to defeat or evade liability for
plaintiff’s claim which is not denied but
However, this rule will not apply if the controverted.
admission was made by a co-partner, co-
agent, conspirator, and privies and they In a criminal case, a reverse trial may
have been cross-examined in the trial take place when the accused made known
proper. to the trial court, on arraignment, that he
adduce affirmative defense of a justifying
The offer to settle not being made by or exempting circumstances and thus
the accused or with his participation is not impliedly admitting the act imputed to
admissible against him under the rule of him. The trial court may then require the
res inter alios acta. accused to present evidence first, proving
the requisites of the justifying or
It does not apply if the testimony is exempting circumstance he is invoking,
made in an open court and was subjected and the prosecution to present rebuttal
to cross examination. evidence controverting the same.
Res Judicata Rules of Court
Page 49 of 62
may seize an article which is the “subject

The Rules of Court should be liberally of an offense.”
construed in order to promote their
objective of securing a just, speedy and The quashal of the search warrant did
inexpensive disposition of every action not affect the validity of the seizure of the
and proceeding. “unlicensed firearm.”
Sandiganbayan The name of the person in the search

warrant is not important. It is not even
The Sandiganbayan has jurisdiction necessary that a particular person be
over crimes committed by a consul or implicated (Mantaring vs. Roman, 259
higher official in the diplomatic service. SCRA 158), so long as the search is
conducted in the place where the search
Search Warrant will be served.
An application for search warrant may Secretary of Justice

be filed in any court within the judicial
region where the crime was committed. The court is not bound by the
Resolution of the Secretary of Justice.
If an application is filed before the (Crespo vs. Mogui, 151 SCRA 462)
Executive Judge and Vice Executive
Judges of the Regional Trial Courts of Self-Incrimination
Manila or Quezon Cities, the same shall be
enforceable anywhere in the Philippines. The right against self-incrimination
(A.M. No. 99-10-09-SC, 25 January 2000) refers to compulsory testimonial
compulsion and does not include the body
The judge must, before issuing the of the accused s evidence when it may be
warrant, examine personally in the form material. (U.S. vs. Tan Teng, 23 Phil. 145)
of searching questions and answers, in
writing and under oath, the complaint and If in the pretrial agreement signed by
the witnesses he may produce on facts the accused and his counsel, the accused
personally known to them and attach to admits the documentary evidence of the
the record their sworn statements, prosecution, it does not violate his right
together with the affidavits submitted. against self-incrimination. (Bayas vs.
Sandiganbayan, 391 SCRA415)
The general rule is that a search
warrant must be served in the day time. Extracting a blood sample and cutting
By way of exception, a search warrant a strand from the hair of the accused are
may be made at night when it is positively purely mechanical acts that do not involve
asserted in the affidavit that the property is discretion nor require his intelligence.
is on the person or in the place ordered to
be searched. (Alvares vs. CFI of Tayabas) The pair of short pants, which fit the
accused well, is circumstantial evidence of
A search warrant shall be valid only for his guilt, although standing alone it cannot
ten (10) days from its date. be the basis of conviction. The accused
cannot object to the court requiring him to
The search warrant should particularly put the short pants on. It is not part of his
describe the person or things to be seized. right against self-incrimination because it
is a mere physical act.
Possession of an “unlicensed firearm”
is a criminal offense and the police officer Settlement of Estate
Page 50 of 62
The rule on special proceedings

ordinarily require that the estate of the Jurisdiction:
deceased should be judicially administered 1. MeTC, MTCC, MCTC, and MTC shall
thru an administrator or executor, except: have jurisdiction over actions for
1. Extrajudicial settlement of estate payment of money where the value of
2. Whenever the gross value of the the claim does not exceed P300,000
estate of a deceased person, whether exclusive of interest and costs
he died testate or intestate, does not 2. Actions covered are (a) purely civil in
exceed ten thousand pesos (P10,000) nature where the claim or relief prayed
for by the plaintiff is solely for
Extrajudicial Settlement of Estate payment or reimbursement of sum of
money, and (b) the civil aspect of
Extrajudicial settlement of an estate of criminal actions, either filed before the
a deceased is allowed only when the institution of the criminal action, or
deceased left no last will and testament reserved upon the filing of the criminal
and all debts, if any, are paid. action in court.
3. Claims for money owed under the
It by agreement between or among contracts of lease, loan, service, sale,
the heirs of the deceased may be had only or mortgage
when the decedent left no will. 4. For damages arising from fault or
negligence, quasi-contract, or contract
If the decedent left no will and no 5. The enforcement of a barangay
debts, and the heirs are all of age, the amicable settlement or an arbitration
parties may, without securing letters of award involving a money claim
administration, divide the estate among
themselves by means of a public Solicitor General
instrument or by stipulation in a pending
action for partition and shall file a bond In criminal proceedings, the Solicitor
with the register of deeds in an amount General has the authority to represent the
equivalent to the value of the personal people on appeal in the Court of Appeals
property involved as certified to under or in the Supreme Court. (Cariño vs. de
oath by the parties concerned. Castro, 30 April 2008)
If there is only one heir, he may When the Solicitor General commences
adjudicate to himself the entire estate by the action for quo warranto, it may be
means of an affidavit filed in the office of brought in a RTC in the City of Manila, as
the register of deeds. in this case, in the Court of Appeals or in
the Supreme Court.
The parties or the sole heir shall file
simultaneously abound with the register of Special Proceeding
deeds, in an amount equivalent to the
value of the personal property as certified A SPECIAL PROCEEDING is a remedy
to under oath by the parties and by which a party seeks to establish a
conditioned upon the payment of any just status, a right or a particular fact.
claim that may be filed later.
Special Prosecutor
Small Claims (A.M. No. 8-8-7-SC)
The Special Prosecutor has the power
Decision in a small claims cases is final and authority, under the supervision and
and appealable, hence, petition for control of the Ombudsman, to conduct
certiorari should be filed before the preliminary investigation and prosecute
Regional Trial Court (RTC). criminal cases before the Sandiganbayan
Page 51 of 62
and perform such other duties assigned to prohibitory or mandatory. (Garcia vs.
him by the Ombudsman. (Calingin vs. Mojica, 314 SCRA 207)
Desierto, 529 SCRA 720)
Stop and Frisk Rule or Searches
Absent a clear delegation of authority
from the Ombudsman to the Special A stop and frisk situation must precede
Prosecutor to file the information, the a warrantless arrest. (Valdez vs. People,
latter would have no authority to file the 23 November 2007)
same. The Special Prosecutor cannot be
considered an alter ego of the It is necessary for law enforcement,
Ombudsman as the doctrine of qualified that is, enforcers should be given the legal
political agency does not apply to the arsenal to prevent the commission of the
office of the Ombudsman. offenses. (People of the Philippines vs.
Victor Cogaed, 30 July 2014)
Specific Performance
The police officer may be liable for
Those who contravene the tenor of the damages when the right to be secure in
obligation are liable for damages. one’s person, house, papers and effects
against unreasonable searches and
Speedy Trial seizure is impaired.
The right to a speedy trial is And because the mere possession,

guaranteed by the Constitution to every with animus, of dangerous drug (the
citizen accused of a crime, more so when shabu) is a violation of the law (R.A.
is under preventive imprisonment. 9165), the suspect is in a continuing state
of committing a crime while he is illegally
Splitting a Cause of Action possessing the dangerous drug, thus
making the arrest tantamount to an arrest
The rule against splitting a cause of in flagrante: so the arrest is legal and
action and its effect are that if two or correspondingly, the search and seizure of
more suits are instituted on the basis of the shabu and the concealed knife may be
the same cause of action, the filing of one regarded as incident to a lawful arrest.
or a judgment upon the merits in any one
is available as a ground for the dismissal Subpoena
of the others.
The defendant can refuse to comply
If two or more suits are instituted on with the subpoena duces tecum on the
the basis of the same cause of action, the ground that he resides more than 100
filing of one or a judgment on the merits kilometers from the place where he is to
in any one is available as a ground for the testify.
dismissal of the others.
Substantial Evidence
Status Quo Order
Is that amount of relevant evidence
May be issued motu proprio on which a reasonable mind might accept as
equitable considerations, and does not adequate to justify a conclusion. This is
require the posting of a bond. applicable in case filed before
administrative or quasi-judicial bodies.
It is more in the nature of a cease and
desist order, since it neither directs the Substantive Law
doing or undoing of acts as in the case of
Page 52 of 62
Is that part of the law which creates, 10. Interpleader

defines and regulates rights and 11. Reply
obligations, the violation of which gives 12. Third Party Complaint
rise to cause of action. (Bustos v. Lucero,
81 Phil. 540, 650) Although summary procedure requires
merely the submission of position papers,
Support the evidence submitted with the position
paper must be admissible in evidence.
Res judicata is not a defense in an Photocopies of official receipts and
action for support even if the first case affidavits are not admissible without proof
was dismissed with prejudice on a joint of loss of the originals.
motion to dismiss. The plaintiff’s mother
agreed to the dismissal of the complaint Cases Covered
for support in view of the defendant’s
answer denying his paternity with a Civil Cases:
counterclaim for damages. This was in the 1. All cases of forcible entry and unlawful
nature of a compromise of the right of detainer, irrespective of the amount of
support which is prohibited by law. (De damages or unpaid rentals sought to
Asis vs. Court of Appeals, 303 SCRA 176) be recovered. Where the attorney’s
fees are awarded, the same shall not
Support Pendente Lite exceed P20,000.
2. All other cases, except probate
In criminal actions where the civil proceedings where the total amount of
liability included support for the offspring the plaintiff’s claim does not exceed
as a consequence of the crime and the P100,000 outside MM or P200,000 in
civil aspect thereof has not been waived or MM, exclusive of interest and cost.
reserved or instituted prior to its filing, the
accused may be ordered to provide Criminal Cases:
support pendente lite to the child born to 1. Violations of traffic law, rules and
the offended party allegedly because of regulations
the crime. 2. Violation of the rental law
3. Violations of municipal or city
Summary Procedure ordinances
4. Violations of B.P. 22 or Bouncing
Prohibited Pleadings: Checks Law
1. Motion for extension of time to file 5. All other criminal cases where the
pleadings, affidavits or any other penalty prescribed by law for the
paper offense charged is imprisonment not
2. Motion for New Trial, or for exceeding six (6) months, or a fine not
reconsideration of a judgment, or for exceeding P1,000, or both, irrespective
opening of trial of other imposable penalties,
3. Motion to Dismiss (except of lack of accessory or otherwise, or of the civil
jurisdiction over the subject matter, or liability arising therefrom: Provided,
failure to comply to refer to Lupon) however, that in offenses involving
4. Motion to Declare Defendant in Default damage to property through criminal
5. Motion for Bill of Particulars negligence, this Rule shall govern
6. Memoranda where the imposable fin does not
7. Petition for Certiorari, mandamus, or exceed P10,000.
prohibition against any interlocutory
order issued by the court Rules n Summary Procedure does not
8. Petition for Relief from Judgment apply to a civil case where the plaintiff’s
9. Dilatory Motions for Postponement cause of action is pleaded in the same
Page 53 of 62
complaint with another cause of action residence; or on a competent person

subject to the ordinary procedure; not t a in charge of defendant’s office or
criminal case where the offense charged is regular place of business. (Manotoc vs.
necessarily related to another criminal CA, 16 August 2006)
case subject to the ordinary procedure.
Publication
Summons
In any action where the defendant is
Modes: designated as an unknown owner, or the
1. Personal service like, or whenever his whereabouts are
2. Substituted service unknown and cannot be ascertained by
3. Publication (by leave of court) diligent inquiry, service may, by leave of
court, be effected upon him by publication
Personal Service in a newspaper of general circulation and
in such places and for such time as the
In an action strictly in personam, court may order. This rule applies to any
personal service on the defendant is the action whether in personam, in rem, or
preferred mode of service, that is, by quasi in rem.
handing a copy of the summons to the
defendant in person. Serving summons by publication is
allowed, however, the required sending of
There must be at least three (3) the copy of the summons and the order of
attempts on at least two (2) different the Court by registered mail to the last
dates to serve the summons. known address of the defendant.
If he cannot be personally served with Extra-territorial Service

summons within a reasonable time,
substituted service may be made. Grounds:
1. The defendant does not reside and is
If no proper service of summons is not found in the Philippines;
made, the reglementary period to file a 2. The action affects the personal status
responsive pleading was not tolled. of the plaintiff or relates to;
3. The subject of which is, property
Substituted Service within the Philippines, in which the
defendant has or claims a lien or
This can be availed of if the defendant, interest, actual or contingent;
for excusable reasons, cannot be served 4. In which the relief demanded consists,
with the summons within a “reasonable wholly or in part, in excluding the
period. defendant from any interest therein;
5. The property of the defendant has
There must be showing that “earnest been attached within the Philippines.
efforts” were exerted to personally serve
the summons on the defendant before Service may, by leave of court, be
substituted service can be resorted to. effected out of the Philippines by personal
service; or by publication and order of
Requirements: the court shall be sent by registered mail
1. Impossibility of prompt personal to the last known address of the
service; defendant, or in any other manner the
2. Specific details in the return; court may deem sufficient.
3. Substituted service effected on a
person of suitable age and discretion Facsimile
residing at defendant’s house or
Page 54 of 62
Service of summons by facsimile a summary judgment cannot take place of

applies only to foreign private juridical a trial. (Smart Communications vs.
entity that is not registered in the Aldecoa, 11 September 2013)
Philippines has no resident agent in the
country and does not apply to individuals. Tax Declarations
The purpose of the summons is to Tax Declaration are not by themselves

inform the defendant of the complaint evidence of ownership.
filed against him and to enable the court
to acquire jurisdiction over his person. Temporary Restraining Order (TRO)
The effect of the absence of summons Is an interlocutory order issued to

on a judgment would make the judgment preserve the status quo, and is granted to
null and void because the court would not a party until the hearing of the application
have jurisdiction over the person of the for preliminary injunction.
defendant, but if the defendant voluntarily
appeared before the court, his appearance The duration of the TRO issued by the
is equivalent to the service of summons. executive judge of a Regional Trial Court
(RTC) is seventy-two (72) hours from
Summons must be served on an issuance, which is issued only if there is of
additional defendant impleaded in the extreme urgency and the applicant will
action so that the court can acquire suffer grave injustice and irreparable
jurisdiction over him, unless he makes a injury, and the duration of the TRO issued
voluntary appearance. by him as the judge assigned to the case,
may be effective for a total of twenty
A defendant who was substituted for (20) days, including the original period of
the deceased need not be served with 72 hours.
summons because it is the court which
orders him as the legal representative of It is issued upon application of a party
the deceased to appear and substitute the and upon the posting of the required
deceased. bond.
Summons on a domestic corporation A Justice of a Division of the Court of

through its cashier and director are not Appeals may issue TRO, as authorized
valid under the present rules. They have under Rule 58 which additionally requires
been removed from those who can be that the action shall be submitted on the
served with summons for a domestic next working day to the absent members
corporation. Cashier was substituted by of the division for their ratification,
treasurer. modification, or recall. (Heirs of the late
Justice Jose B.L. Reyes vs Court of
Summary Judgment Appeals, 338 vs. 282)
For a summary of judgment to be Terry Search Rule

proper, the movant must establish that
there must be no genuine issue as to any See Stop and Frisk Rule or Searches.
material fact, except for the amount of
damages, and the party presenting the Third Party Claim
motion must be entitled to a judgment as
a matter of law. If the real property has been attached,
the remedy is to file a third-party claim.
When the facts pleaded by the parties The third-party claimant should make an
are disputed or contested, proceedings for affidavit of his title to the property
Page 55 of 62
attached, stating the grounds of his title

thereto, and serve such affidavit upon the Venue
sheriff while the latter has possession of
the attached property, and a copy thereof Venue can be waived or if there
upon the attaching party. appears no objection from the defendant.
Totality Rule Refers to the place where the suit may

be filed.
Where the claims in all the causes of
action are principally for recovery of sum In criminal actions, venue is
of money, the aggregate amount of the jurisdictional. It cannot be waived.
claim shall be the test of jurisdiction.
The stipulation in the loan agreement
Trade Secrets that "the parties agree to sue and be sued
in the City of Manila" does not make
Trade secrets may not be the subject Manila the "exclusive venue thereof."
of compulsory disclosure by reason of
their confidential and privileged character. Verification and Certification of Non-
Forum Shopping
Trial in Absentia
The signature of any of the principal
Requisites: petitioners or principal parties, would
1. Accused’s arraignment; constitute a substantial compliance with
2. His due notification of the trial; the rule on verification and certification of
3. His unjustifiable failure to appear non-forum shopping. There should exist a
during trial (Bernardo vs. People, 4 commonality of interest among the
April 2007). parties, or where the parties filed the case
as a collective, raising only one common
Unreasonable Searches and Seizure cause of action or presenting a common
defense, then the signature of one of the
Since the confiscated items were found petitioners or complainants, acting as
in a pace other than the one described in representative, is sufficient compliance.
the search warrant, it can be considered (Marcos-Araneta vs. CA, 22 August 2008)
as fruits of an invalid warrantless search,
the presentation of which as an evidence It is enough that the notary public who
is a violation of petitioner’s constitutional notarized the verification and certification
guaranty against unreasonable searches of non-forum shopping is clothed with
and seizure. (Del Castillo vs. People of authority to administer oath in that State
the Philippines, 30 January 2012) or foreign country.
Vallejo Standard Certification of Non-Forum Shopping
In assessing the probative value of The certification against forum

DNA evidence, courts should consider shopping is only required in a complaint or
among other things, the following data: other initiatory pleading.
how the samples were collected, how they
were handled, the possibility of Substantive law (Art. 33, Civil Code)
contamination of the samples, whether and Sec. 3, Rule 111, Revised Rules of
the proper standards and procedures were Criminal Procedure, expressly authorize
followed in conducting the tests and the the filing such action for damages entirely
qualification of the analyst who conducted separate and distinct from the criminal
tests. (People vs. Vallejo, 382 SCRA 192) action.
Page 56 of 62
This requirement is mandatory. It is There is no law or rule that requires

not curable by mere amendment of the the judge to issue a prior Order finding
complaint but the dismissal of the case probable cause before the issuance of a
shall be without prejudice. warrant of arrest.
One party may validly question a The person arrested without a warrant
decision in a regular appeal and at the shall forthwith delivered to the nearest
same time assail the execution pending police station or jail.
appeal via certiorari without violating the
rule against forum shopping. (Philippine If the offender was arrested in
Nails and Wires Corporation vs. Malayan flagrante delicto, an inquest proceeding
Insurance Company, Inc., 14 February should be conducted and thereafter a case
2003) may be filed in court even without the
requisite preliminary investigation.
The counsel cannot sign the anti-forum
shopping certification because it must be Quashal of a Warrant
executed by the plaintiff or principal party
himself. (Escorpizo vs. University of It is well settled that adjudication of a
Baguio, 306 SCRA 497) motion to quash a warrant of arrest
requires neither jurisdiction over the
Forum Shopping person of the accused nor custody of law
over the body of the accused.
Is the act of filing multiple suits
involving the same parties for the same If the motion to quash is denied, the
cause of action, either simultaneously or accused may file a motion for
successively, for the purpose of obtaining reconsideration. If the same is denied, the
a favorable judgment. (Executive accused may resort to a petition for
Secretary, 298 SCRA 735) certiorari under Rule 65 directly to the
Supreme court.
Viatory Right
Warrant of Distraint and Levy
The viatory right of a witness refers to
his right not to be compelled to attend Is remedy available to local
upon a subpoena, by reason of the governments and the BIR in tax cases to
distance from the residence of the witness satisfy deficiencies or delinquencies in
to the place where he is to testify. It is inheritance and estate taxes, and real
available only in civil cases. (People vs. estate taxes. Distraint is the seizure of
Montejo, 21 SCRA 722) personal property to be sold in an
authorized auction sale. Levy is the
The defendant can refuse to comply issuance of a certification by the proper
with the subpoena duces tecum on the officer showing the name of the taxpayer
ground that he resides more than 100 and the tax, fee, charge or penalty due
kilometers from the place where he is to him. Levy is made by writing upon said
testify. certificate the description of the property
upon which levy is made.
Warrant of Arrest
Under the Extradition Treaty and Law,
In the issuance of warrant of arrest, the application of the Secretary of Justice
the mandate of the Constitution is for the for a warrant of arrest need not be set for
judge to personally determine the hearing, and Juan cannot be allowed to
existence of probable cause. post bail if the court would issue a warrant
Page 57 of 62
of arrest. The provisions in the Rules of

Court on arrest and bail are not basically Any objection to the illegality of the
applicable. (Government of the United arrest of the accused without a warrant is
States of America vs. Puruganan, 389 deemed waived when he pleaded not
SCRA 623) guilty at the arraignment without raising
the question. It is too late to complain
Warrant of Seizure about a warrantless arrest after trial is
commenced and completed and a
Is normally applied for with a search judgment of conviction rendered against
warrant, in criminal cases. The warrant of the accused. (People vs. Cabiles, 284
seizure must particularly describe the SCRA 199)
things to be seized.
A warrantless arrest requires that the
An application for search and seizure crime has in fact just been committed and
warrant shall be filed with the following: the police arresting has personal
(a) Any court within whose territorial knowledge of facts that the person to be
jurisdiction a crime was committed. (b) arrested has committed it.
For compelling reasons stated in the
application, any court within the judicial Will
region where the crime was committed if
the place of the commission of the crime The will of an alien who is abroad
is known, or any court within the judicial produces effect in the Philippines is made
region where the warrant shall be in accordance with the formalities
enforced. prescribed by law of the place where he
resides, or according to the formalities
Warrantless Arrest observed in his country. (Palaganas vs.
Palaganas, 26 January 2011)
The requirement that an offense has
just been committed means that there Jurisdictional Facts in a petition for
must be a large measure of immediacy probate:
between the time the offense was 1. That a person died leaving a will;
committed and the time of the arrest. 2. In case of a resident, that he resided
within the territorial jurisdiction of the
If there was an appreciable lapse of court; and
time between the arrest and the 3. In the case of a non-resident, that he
commission of the crime, a warrant of left an estate within such territorial
arrest must be secured. jurisdiction.
In any case, personal knowledge by The law favors testacy over intestacy,
the arresting officer is an indispensable hence, the probate of the will cannot be
requirement to the validity of a valid dispensed with.
warrantless arrest.
The authority of the probate court is
The arresting officer is required to generally limited only to a determination
deliver the person arrested without a of the extrinsic validity of the will.
warrant “to the nearest police station or
jail”. Probate of a will is mandatory.
(Guevarra vs. Guevarra, 74 Phil. 479)
If the accused is arrested without
warrant, he is entitled a preliminary A person having custody of the will, he
investigation. He can move for a has the duty to deliver the will to the
reinvestigation. court having jurisdiction or to the executor
Page 58 of 62
named in the will within twenty (20) days 1. Parties or assignors of parties to a
upon learning the death of the testator. case
2. Persons in whose behalf a case is
No will shall pass shall pass either real prosecuted
or personal estate unless it is proved and 3. Against an executor or administrator
allowed in the proper court. 4. Person of unsound mind
An order denying the probate of a will After formally submitting his evidence,
may be overturned after the period to the plaintiff can recall a witness with leave
appeal therefrom has lapsed by filing a of court. The court may grant or withhold
Petition for Relief or an action for leave in its discretion as the interests of
Annulment of Judgment. justice may require.
If a will is found in the course of Child Witness

intestate proceedings and it is submitted
for probate, the intestate proceedings will The testimony of a child may be taken
be suspended until the will is probated. by live-link television if there is a
Upon the probate of the will, the intestate substantial likelihood that the child would
proceedings will be terminated. suffer trauma from testifying in the
presence of the accused, his counsel or
In order that a lost or destroyed will the prosecutor as the case may be. The
may be allowed, the following must be trauma must of a kind which would impair
complied with: the completeness or truthfulness of the
1. The execution and validity of the same testimony of the child. (Rule on
should be established; Examination of a Child Witness)
2. The will must have been in existence
at the time of the death of the Witness Protection, Security and
testator, or shown to have been Benefit Act
fraudulently or accidentally destroyed
in the lifetime of the testator without Advice the client to ask for a
his knowledge; and reinvestigation and convince the
3. Its provisions are clearly and distinctly prosecutor for him to move for the
proved by at least two credible discharge of the client as a state witness,
witnesses. or the accused can apply as a state
witness.
The allowance of the will from which
no appeal was taken is conclusive as to its The right to prosecute vests the
due execution. Due execution includes a prosecutor with a wide range of discretion,
finding that the will is genuine and not a including what and whom to charge.
forgery. Accordingly, the due execution of (Soberano vs. People, 472 SCRA 125)
the will cannot again be questioned in a
subsequent proceeding, not even in a Competency
criminal action for forgery of the will.
Refers to a witness who can perceive,
Witness and perceiving, can make known his
perception to others.
A witness may testify on his
impressions of the emotion, behavior, Credibility
condition or appearance of a person.
Refers to a witness whose testimony is
Disqualification: believable.
Page 59 of 62
Witness Protection, Security and threatened violation of the victim’s rights.

Benefit Act It is sufficient that there be an allegation
of real threat against petitioner’s life,
Advice the client to ask for a liberty, and/or security. (Gen. A. Razon,
reinvestigation and convince the Jr. vs. Tagitis, 3 December 2009)
prosecutor for him to move for the
discharge of the client as a state witness, Is a remedy available to any person
or the accused can apply as a state whose right to life, liberty, and security is
witness. violated or threatened with violation by an
unlawful act or omission of a public official
The right to prosecute vests the or employee, or of a private individual or
prosecutor with a wide range of discretion, entity. The writ shall cover extralegal
including what and whom to charge. killings and enforced disappearances or
(Soberano vs. People, 472 SCRA 125) threats thereof.
Writ of Amparo (A.M. No. 07-9-12-SC) Writ of Continuing Mandamus
It is a remedy available to any person Is a writ issued by a court in an

whose right to life, liberty and security has environmental case directing any agency
been violated or is threatened with or instrumentality of the government or
violation by an unlawful act or omission of officer thereof to perform an act or series
a public officer or employee or of a private of acts decreed by final judgment which
individual or entity. The writ covers shall remain effective until judgment is
extralegal killings, enforced fully satisfied.
disappearances or threats.
Writ of Habeas Corpus
The filing of a petition by an
immediate member of the family of the The writ of habeas corpus shall extend
aggrieved party already suspends the to all cases of illegal confinement or
right of all other authorized parties to file detention by which any person is deprived
similar petitions. of liberty.
When a criminal action and separate If the Family Court denies the petition
civil action are filed subsequent to a in relation to custody of a minor child, the
petition for a writ of amparo, the latter remedy is to file a notice of appeal, within
shall be consolidated with the criminal 48 hours from notice of judgment or final
action. order to the Court of Appeals.
Judgment of the Regional Trial Court The Sandiganbayan may grant

(RTC) denying a petition for Writ of petitions for Habeas corpus only in aid of
Amparo may be appealed to the Supreme its appellate jurisdiction (R.A. 7975, as
Court (SC) within five (5) working days amended by R.A 8249), not in the
from notice of adverse judgment by way exercise of “original” jurisdiction.
of a petition for review on certiorari under
Rues 45. Is a remedy available to any individual
who is deprived of liberty or whose rightful
The motion to dismiss must be denied custody of any person is withheld, by
on the ground that it is a prohibited unlawful confinement or detention.
pleading.
The period for appeal for habeas
The Rule does not require the petition corpus shall be 48hours from the notice of
to allege a complete detail of the actual or the judgment appealed from.
Page 60 of 62
public official or employee, or of a private

It does not authorize a court to individual or entity engaged in the
discharge by writ of habeas corpus a gathering, collecting, or storing of data or
person charged with or convicted of an information regarding the person, family,
offense in the Philippines, or of a person home and correspondence of the
suffering imprisonment under lawful aggrieved party.
judgment.
Writ of Injunction (Final)
The writ of habeas corpus issued by
the Family Court in Angeles City may not It may be granted if after trial of the
be legally enforced in Cebu City, because action, it appears that the applicant is
the writ is enforceable only within the entitled to have the act or acts complained
judicial region to which the Family Court of permanently enjoined.
belongs, unlike the writ granted by the
Supreme Court or Court of Appeals which Writ of Kalikasan
is enforceable anywhere in the Philippines.
The filing of a petition for the issuance
The father of the deceased husband of Writ of Kalikasan shall not preclude the
has the personality to institute the petition filing of a separate civil, criminal, or
for habeas corpus of two minor girls, administrative actions; thus, the petitioner
because the grandparent has the right of can later file a complaint for damages with
custody as against the mother of the two the Regional Trial Court.
minor girls who is a prostitute.
The following may file a petition for
The petition for habeas corpus may be Writ of Kalikasan:
filed by "some person in his behalf." 1. Natural or juridical persons
2. Entity authorized by law
Writ of Habeas Data (A. M. No. 08-1- 3. PO’s, NGO’s, or any public interest
16-SC) group accredited by or registered with
any government agency on behalf of
There must be showing that the right persons whose constitutional right to a
to privacy in life, liberty, or security is balanced and healthful ecology is
violated or threatened by an unlawful act violated.
or omission. The company must be shown
to be engaged in the gathering, collecting Reliefs under Writ of Kalikasan
storing of data or information regarding 1. Directing respondent to permanently
the person, family, home and cease and desist from committing acts
correspondence of the aggrieved party. or neglecting the performance of a
duty in violation of environmental laws
If the petition is denied by the regional resulting in environmental destruction
Trial Court (RTC), the remedy is to file or damage.
verified petition for review on certiorari 2. Directing the respondent or public
under Rule 45, the appellant may raise official, government agency, private
questions of fact or law or both, within 5 person or entity to protect, preserve,
work days from date of notice of the rehabilitate or restore environment.
judgment or final order to the Supreme 3. Directing the respondent public official,
Court. government agency, private person or
entity to monitor strict compliance with
Is a remedy available to any persons the decision and orders of the court.
whose right to privacy in life, liberty, or 4. Directing the respondent public official,
security is violated or threatened with government agency, or private person
violation by unlawful act or omission of a or entity to make periodic reports on
Page 61 of 62
the execution of the final judgment; The dismissal of petition for relief also
and dissolves the writ of preliminary injunction
5. Such other reliefs which relate to the staying the enforcement of the judgment,
right of the people to a balanced and even if the dismissal is not yet final.
healthful ecology or to the protection, (Golez vs. Leonidas, 107 SCRA 187)
preservation, rehabilitation or
restoration of the environment, except As injunction as the main action is
the award of damages to individual brought specifically to obtain a judgment
petitioner. perpetually restraining or commanding the
performance of an act after trial. (Del Mar
Writ of Mandamus vs. PAGCOR, 346 SCRA 485)
It may be issued to control the A suit for injunction cannot aptly be

exercise of discretion when, in the filed with the Supreme Court to stop the
performance of duty, there is undue delay President of the Philippines from entering
that can be characterized as a grave into a peace agreement with the National
abuse of discretion resulting in manifest of Democratic Front, which is a purely
injustice. (Lumanlaw vs. Peralta, Jr., 13 political question. (Madarang v.
February 2006) Santamaria, 37 Phil. 304). The President
of the Philippines is immune from suit.
The COMELEC cannot be compelled by
a writ of mandamus to discharge a duty
that involves the exercise of judgment and
discretion, especially where disbursement
of public funds is concerned. (COMELEC
vs. Quijano-Padilla)
Writ of Preliminary Injunction
The requisites for the issuance:

1. A right in esse or a clear and
unmistakable right to be protected
2. A violation of that right
3. There is an urgent and permanent act
and urgent necessity for the writ to
prevent serious damage
It may not be issued without the

posting of a bond, unless exempted by the
trial court.
Is an ancillary remedy presupposes

the existence of a principal or a main
action. (Vallangca vs. Court of Appeals,
173 SCRA 42)
Its main action is to preserve the

status quo until the merits can be heard
and resolved. (Urbanes vs. Court of
Appeals)
Page 62 of 62

Trigger Words For Remedial Law

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What are the different types of actions that can be filed to recover possession of real property?

What are the different types of actions that can be filed to recover possession of real property?

What are the requisites for the issuance of a writ of preliminary injunction?

What are the requisites for the issuance of a writ of preliminary injunction?

Trigger Words for

Compilation of previous BAR answers from

Compiled and Arranged by:

Jofrey Q. Botor, Jr.

I created this “Trigger Words for Remedial Law” to aid BAR

The concept is not to place everything in here, rather to

The legal terms, topics, and scenarios are arranged

This is not intended to replace codals, annotated law books,

Everything contained herein is a compilation of previous BAR

I am not a lawyer, but having read the questions and

My work is not error-free. I am also BAR reviewee myself

As mentioned above, this is alphabetically and not arranged

Accion Interdictal A judgment of acquittal is immediately

Accion Reinvindicatoria Defendant’s failure to deny under oath

The defendant is not required to deny

The promissory note is an actionable Action for specific performance; action

Action vs. Cause of Action A proceeding to determine the state or

An action must be based on a cause of The court can render judgments as

complainant is not admissible in evidence

Actions affecting title to or possession Admission by Adverse Party

sworn statement as contemplated in cause of action is not allowed. (Swagman

justice and prevent delay and equally

The conviction of the accused shall not Since pre-suspension hearing is

In order that the amended information It is mandatory after the

The trial court has lost jurisdiction Bail

The accused must be “literally” placed As a Matter of Right

The criminal action for violation of BP established against him. (Bautista v.

Best Evidence Rule Burden of proof is the duty of a party

Is limited to cases involving a grave notice of the judgment, order or resolution

Change of Name (Rule 103) Child and Family Cases

3. Where the civil liability is not derived

Complaint Correction or Cancellation of Entry

Decisions of CoA and ComElec can be Procedural Requirements:

Credibility Dangerous Drugs Act

Refers to a witness whose testimony is The existence of the dangerous drug is

purposes only of remarriage of the

Appeals, 26 SCRA 768; Acosta-Ofalia vs. The rule is applicable in Special

The court may also dismiss the Depositions Pending Action

predecessor-in-interest, to ask for Is a party’s reaction to a statement or

Diversion Bar by prior-judgment is the doctrine

Reckless Imprudence is a single quasi- Documentary Evidence

A judgment of acquittal is immediately Dying Declaration

Adoptive Admission The requisites for the admissibility of a

1. The declaration is made by the withholding of possession bring an action

Execution shall issue immediately upon Unlawful Detainer

An electronic document shall be

Escheat Electronic Evidence

The action to recover escheated The Rules on Electronic Evidence

Evidence The hearsay rule is a rule of evidence

Exceptions to hearsay evidence: If the evidence was offered without

Opinion Evidence The cross-examination of a witness is

death of a witness after a direct

The execution of judgment by mere Executor

defenses should be pleaded in his Answer property involved as certified to under

The expropriation here is governed by If there is only one heir, he may