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GENERAL PRINCIPLES determining technical and intricate matters of fact

JUDICIAL POWER (Villaflor vs. CA 280 SCRA 297).
1. It includes the duty of the courts of justice to
settle actual controversies involving rights which
are legally demandable and enforceable,
2. and ​to determine whether or not there has CIVIL PROCEDURE
been a grave abuse of discretion amounting --------------------------------------------------------------------------
to lack or excess of jurisdiction on the part Actions
of any branch or instrumentality of the A cause of action is the act or omission by which a party
Government (Sec. 1 Art. VIII 1987 Const.) violates a right of another.
(Extended judicial review power found under Rule Requisites
65) 1) Existence of ​legal right ​of the plaintiff;
2) ​Correlative duty ​on the part of the defendant to
SUBSTANTIVE LAW REMEDIAL LAW respect the right of the plaintiff;
It is that part of law that It refers to the law that 3) An act or omission of the defendant in ​violation o ​ f
creates, defines or provides the means or plaintiff’s legal right
regulates rights methods whereby causes 4) Damage (optional)
concerning life, liberty or of action may be
property, or the powers of effectuated, wrongs SPLITTING THE CAUSE OF ACTION
agencies or redressed and reliefs It is the act of dividing a single or indivisible cause of
instrumentalities for the obtained action into several parts or claims and bringing several
administration of public ( ADJECTIVE LAW) actions thereon. ​It is not allowed.
affairs.
Makes vested rights NO vested rights GR: ​A contract embraces only one cause of action even
Prospective in application Retroactive if it contains several stipulations.
Cannot be enacted by the Supreme Court is expressly Exception: ​A contract to do several things at several
Supreme Court empowered to promulgate times is divisible, and judgment for single breach of a
procedural rules subject to continuing contract is not a bar to a suit for subsequent
certain limitations that the breach (eg. promissory note payable in installments)
rules cannot diminish, Exception to exception:
increase or modify  There is an ​acceleration clause ​in the contract;
substantive rights.  All the obligations are already mature at the time of
-------------------------------------------------------------------------- the commencement of the action; if not included may be
Jurisdiction barred.
Requisites For Valid Exercise of Jurisdiction
DOCTRINE OF ANTICIPATORY BREACH
1. Must have jurisdiction over the parties.
An UNQUALIFIED and POSITIVE REFUSAL to perform
2. Must have jurisdiction over the subject matter of a contract , though the same is not yet due, may, if the
the controversy. renunciation goes into the whole of the contract, be
3. Must have jurisdiction over the ​res (​ thing or tested as a complete breach which will entitle the injured
property under litigation). party to bring his action at once (Blossom and Co. vs.
4. Must have jurisdiction over the issues. Manila Gas Corp. 55 Phil 226)

DOCTRINE OF ADHERENCE TO JURISDICTION VENUE OF REAL ACTIONS​.

(Aka ​Continuity of Jurisdiction)​ Actions affecting title to or possession of real property, or
Once jurisdiction is acquired, the court retains it until the interest therein, shall be commenced and tried in the
final termination of the case. proper court which has jurisdiction over the area wherein
GR: ​Law enacted during the pendency of a case which the real property involved, or a portion thereof, is
transfers jurisdiction to another court does not affect situated.
cases prior to its enactment. Forcible entry and detainer actions shall be commenced
EXCEPTIONS: ​(RCRT) and tried in the municipal trial court of the municipality or
1. When the law expressly provides for a ​retroactive city wherein the real property involved, or a portion
application. thereof, is situated.
2. When change of jurisdiction is ​curative i​ n nature.
3. When the law (penalizing law) is ​repealed. PLEADING:AMENDMENT
4. When the proceeding is already ​terminated, Jurisdiction must be conferred by the contents of the
abandoned, or avoided. original complaint. Amendments are not proper and
should be denied where the court has no jurisdiction
EXCLUSIONARY RULE over the original complaint and the purpose of the
The court first acquiring jurisdiction excludes all others. amendment is to confer jurisdiction on the court.
DOCTRINE OF PRIMARY JURISDICTION (Rosario v. Carandang, G.R. No. L-7076, April 28,
Courts will not resolve a controversy involving a question 1955) ​While a plaintiff is entitled to amend the complaint
before a responsive pleading is served ​(Sec. 2, Rule 10,
which is within the jurisdiction of an administrative
1997 Rules of Civil Procedure​; Remington Industrial
tribunal especially where the question demands the
Sales Corporation v. Court of Appeals, G.R. No.
exercise of sound administrative discretion requiring the
133657, May 29, 2002​), ​still, a complaint cannot be
special knowledge and experience of said tribunal in
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amended to confer jurisdiction on a court where there 6. Res judicata

was none to begin with. 7. Prescription;
8. Failure to state a cause of action
KATARUNGANG PAMBARANGAY LAW (KPL) 9. Claim or demand has been paid, waived, abandoned,
No complaint, petition, action, or proceeding involving or otherwise extinguished;
any matter within the authority of the Lupon shall be filed 10. Claim is unenforceable under Statute of Frauds;
or instituted directly in court or any other government 11. Non-compliance of a condition precedent.
office for adjudication ​UNLESS:
1. There has been a CONFRONTATION BETWEEN GROUND FOR MOTION TO DISMISS UNDER RULE
THE PARTIES before the Lupon Chairman or the ON SUMMARY PROCEDURE (like cases for Unlawful
Pangkat; and Detainer and Forcible Entry cases)
2. That no conciliation or settlement has been reached 1. Lack of jurisdiction
OR unless the settlement has been repudiated the 2. Failure to comply with conciliation proceeding
parties thereto. 3.

CASES NOT COVERED BY THE KPL COUNTERCLAIM

(Substantive exceptions): NATURE OF A COUNTERCLAIM
1. Where one party is the GOVERNMENT or any A Counterclaim is in the ​nature of a cross-complaint​.
subdivision or instrumentality thereof; Although it may be alleged in the answer, it is ​not part
2. Where one party is a PUBLIC OFFICER or employee, of the answer​. Upon its filing, the same proceedings are
and the dispute relates to the performance of his official had as in the original complaint. For this reason, it must
functions; be answered within 10 days from service.
3. Offenses punishable by imprisonment exceeding 1
year or a fine exceeding 5,000 pesos; COMPULSORY COUNTERCLAIM​.
4. Offenses where there is no private offended party; A compulsory counterclaim is one which, being
5. Where the dispute involves real properties located in cognizable by the regular courts of justice, arises out of
different cities or municipalities, UNLESS the parties or is connected with the transaction or occurrence
thereto agree to submit their differences to amicable constituting the subject matter of the opposing party's
settlement upon an appropriate Lupon; claim and does not require for its adjudication the
6. Disputes involving parties who actually reside in presence of third parties of whom the court cannot
barangays of different cities or municipalities, acquire jurisdiction. Such a counterclaim must be within
the jurisdiction of the court both as to the amount and
EXCEPT; the nature thereof except that in an ​original action
a) Where such barangay units adjoin each other; and before the Regional Trial Court, the counter-claim
b) The parties thereto agree to submit their differences may be considered compulsory regardless of the
to amicable settlement by an appropriate lupon. AMOUNT.
7. Such other classes of disputes which the PRESIDENT
may determine in the interest of justice; COMPULSORY PERMISSIVE
8. Where one of the parties is a juridical entity. COUNTERCLAIM CONTERCLAIM
Arises out of or is Does not arise out of nor
The court at any time of the trial, motu proprio, refer the necessarily connected is it necessarily
case concerned, to the lupon for amicable settlement with the transaction or connected with the
non-criminal cases not falling within the authority of the occurrence that is the subject matter of the
latter. subject matter of the opposing party’s claim
opposing party’s claim
JOINDER Does not require the It may require the
presence of third parties, presence of third parties
The rule on JOINDER OF CAUSES OF ACTION is that
whom the court for its
a party may in one pleading assert, in the alternative or
cannot acquire jurisdiction, adjudication over whom
otherwise join as many causes of action as he may have
for its adjudication the court cannot acquire
against an opposing party, provided that the rule on
jurisdiction
joinder of parties is complied with;
1.] the joinder shall not include special civil actions or Barred if not set up in the Not barred if not set up
actions governed by special rules, but may include action in the action
causes of action pertaining to different venues or
jurisdictions provided one cause of action falls within the Need not be answered Must be answered,
jurisdiction of a RTC and venue lies therein; and otherwise , the plaintiff
2.] the aggregate amount claimed shall be the test of (now defendant of the
jurisdiction where the claims in all the causes of action counterclaim) may be
are principally declared in default

GROUNDS FOR MOTION TO DISMISS (Rule 16) A plaintiff who fails or chooses not to answer a
1. No jurisdiction over the person of the defendant; compulsory counterclaim may not be declared in default,
2. No jurisdiction over the subject matter of the claim; principally because the issues raised in the counterclaim
3. Improper venue; are deemed automatically joined by the allegations in the
4. No legal capacity to sue; complaint (Goyola vs. Goyola, 35 SCRA 557)
5. Litis pendentia;
DEFAULT
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ELEMENTS OF A VALID DECLARATION OF CLASS SUIT

DEFAULT: Requisites of a (clue words only) (C-A-N-S)
1. The court must have acquired jurisdiction over the a. ​C​ommon or General interest in the subject matter;
person of the defendant; Note: ​There is no class suit when the individual interests
2. Defendant fails to answer within the time allowed; of numerous persons are identifiable. There is no
3. There must be a motion to declare the defendant in common or general interest.
default; b. ​Nu ​ merous persons making it impractical to bring
4. There must be notice to the defendant together to court;
5. There must be proof or such failure to answer. c. ​S​ufficient​ number of persons representing the class;
d. The representative sues or defends for the benefit of
NO DEFAULT IN THE FOLLOWING: all​.
1. Annulment of marriage;
2. Declaration of Nullity of Marriage; DEATH OF A PARTY
3. Legal separation; ​(Ratio: (constitutional mandate of Whenever a party to a pending action dies, and the
protection of marriage as the basic social institution) claim is not thereby extinguished, it shall be the duty of
4. Special civil actions of CPM (no answer is required his counsel to inform the court within thirty (30) days
but instead ​order to comment​); and after such death of the fact thereof, and to give the name
5. Under Summary Procedure. and address of his legal representative or
representatives. Failure of counsel to comply with his
RELIEFS FROM ORDER OF DEFAULT: duty shall be a ground for disciplinary action.
1. A motion to set aside the order of default; The heirs of the deceased may be allowed to be
2. If denied, and denial is tainted with GRAVE ABUSE substituted for the deceased, without requiring the
OF DISCRETION, petition for certiorari under Rule 65. appointment of an executor or administrator and the
3. Wait for the judgment by default and then Appeal the court may appoint a guardian ​ad litem ​for the minor
judgment heirs.
The court shall forthwith order said legal representative
RIGHTS OF PARTY DECLARED IN DEFAULT or representatives to appear and be substituted within a
Entitled to notice of: period of thirty (30) days from notice.
a) Motion to declare him in default
b) Order declaring him in default; SUMMONS
c) Subsequent proceedings;
Substituted Service of Summon
d) Service of final orders or judgments
For substituted service to be valid, it is necessary to
establish the following;
ORDER OF DEFAULT JUDGMENT BY 1. The impossibility of personal service of summons
DEFAULT within a reasonable time;
Issued by the court on Rendered by the court 2. The efforts exerted to locate the person to be served;
plaintiff’s motion for following the order of and
failure of the defendant default or after it 3. Service upon a person of sufficient age and discretion
to file his responsive received, ​ex parte​, residing in the same place as defendant or some
pleading seasonably plaintiff’s evidence competent person in charge of the office or regular place
Interlocutory- not Final- appealable of business.
appealable In substituted service, the sheriff’s return must show
that an effort or attempt was exerted to personally serve
Parties the summons on the defendant and that the same had
A real party in interest is the party who stands to be failed (Venturanza vs. CA, 156 SCRA 305)
benefited or injured by the judgment in the suit, or the
party entitled to the avails of the suit. Unless otherwise Dwelling house or ​RESIDENCE ​refers to the place
authorized by law or these Rules, every action must be where the person named in the summons is living ​at the
prosecuted or defended in the name of the real party in time when the service is made, ​even though he may
interest. be temporarily out of the country at the time. Service on
a person at the place where he was a visitor – not
INDESPENSABLE NECESSARY PARTIES considered to have been left at the residence or place or
PARTIES abode, where he has another place at which he
Must be joined under any Should be joined ordinarily stays and he intends to return. (Dumagas vs
condition, their presence whenever possible, the Jensen, L-158407, Jan. 17, 2005, 448 SCRA 663, 2​nd
being a sine qua non for action can proceed even Div.)
the exercise of judicial in their absence Invalid service of summons. This issue shall be
power raised at the very start.
Non- joinder of an The case may be Note: ​Presumption of regularity of performance of official
indispensable party makes determined in court but duty does not apply in substituted service of summons.
the judgment void the judgment will not The duty to be performed has the direct bearing on the
resolve the entire acquisition of jurisdiction over the person of the
controversy if a defendant.
necessary party is not
joined PRE-TRIAL (Discussion infra)
DEMURRER TO EVIDENCE (Discussion infra)
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Can involve questions of The query involves the

Certiorari ​(Modes, R45 vs. R65) interpretation of the law calibration of the whole
CERTIORARI UNDER CERTIORARI UNDER with respect to certain set evidence considering
RULE 45 RULE 65 of facts mainly the credibility of
Petition based on Petition raises the issue witnesses, existence and
questions of law as to whether the lower relevancy of specific
court acted without surrounding
jurisdiction or in excess circumstances and
of jurisdiction or with relation to each other and
grave abuse of discretion the whole probabilities
Mode of appeal An original action
Involves the review of the Directed against an
judgment or final order on interlocutory order of the Judgment
the merits court or where there is no SUMMARY JUDGMENT JUDGMENT
appeal or any other plain, JUDGMENT ON THE BY DEFAULT
speedy or adequate PLEADINGS
remedy Based on the Based solely on Based on the
Filed within the Filed not later than 60 pleadings, the pleadings complaint and
reglementary period (15 days from notice of depositions, evidence, if
days) judgment, order or admissions and presentation is
resolution appealed from affidavits required
Stays the judgment Does not stay the Available to both Generally Available to
appealed from challenged proceeding plaintiff and available only to plaintiff
unless a writ of defendant the plaintiff,
preliminary injunction or a unless
TRO issued defendant
The petitioner and the The parties are the presents a
respondent are the aggrieved party, the counterclaim
original parties to the lower court or There is no The answer fails No issues as
action, and the lower quasi-judicial agency and genuine issue to tender an there is no
court or quasi-judicial the prevailing party between the issue or there is answer filed by
agency is not impleaded parties ( there an admission of defendant
Motion for Motion for may be issues the material
reconsideration is not reconsideration or for but are , allegations
required – Neypes Rule new trial is required. If however,
applies MR or MNT is filed, the irrelevant)
period shall not only be 10-day notice 3-day notice 3-day notice
interrupted but another required required rule applies
60 days shall be given to Maybe On the merits On the merits
the petitioner (SC interlocutory or
Administrative Matter on the merits
02-03) Available only in Available in any Available in
The court is in the Court exercises original actions to action except in any action
exercise of its appellate jurisdiction recover a debt; annulment of except
jurisdiction and power of or for a marriage, or annulment of
review liquidated sum legal separation marriage or
Filed in SC only Filed in the RTC, CA, SC of money or for legal
declaratory relief separation

Questions of Law Questions of Fact

Doubt as to what the law Doubt or difference as to Fresh Period Rule - ​a party litigant may either file his
is on certain facts the truth or falsehood of notice of appeal within 15 days from receipt of the
facts, or as to probative decision of the RTC, or file it within 15 days from receipt
value of evidence of the order denying his motion for new trial or
presented reconsideration (Neypes vs. CA, GR No. 141524, Sept.
No need to evaluate the Needs evaluation of 14, 2005)
evidence evidence
Provisional Remedies
THE FOLLOWING ARE THE PROVISIONAL
REMEDIES PROVIDED BY THE RULES:
1. Preliminary Attachment;
2. Preliminary Injunction;
3. Receivership;
4. Repliven;
5. Support ​pendent lite​.
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The institution of the criminal action shall interrupt the

PRELIMINARY ATTACHMENT​ - It may be sought at the running period of prescription of the offense charged
commencement of an action or at any time before entry unless otherwise provided in special laws.
judgment where property of an adverse party may be In Panaguiton v DOJ, ​filing of the complaint in the
attached as security for the satisfaction of any judgment, prosecution’s office interrupts the running of the
where this adverse party is about to depart from the prescriptive period for violation of special laws as BP22.
Philippines, where he has intent to defraud or has In Zaldivia vs. Reyes, En Banc, filing of complaint in the
committed fraud, or is not found in the Philippines. An court for violation of ordinance interrupts the running of
affidavit and a bond is required before the preliminary prescriptive period and not filing of complaint in the
attachment issues. It is discharged upon the payment of prosecutor’s office.
a counterbond.;
The institution of a criminal action depends upon the
GARNISHMENT​- is a manner of satisfying or executing sound discretion of the prosecutor. But once the case is
judgment where the sheriff may levy debts, credits, filed in court, the same can no longer be withdrawn or
royalties, commissions, bank deposits, and other dismissed without the tribunal’s approval. Should the
personal property not capable of manual delivery that fiscal find it proper to conduct a reinvestigation of the
are in the control or possession of third persons and are case at such stage, the permission of the court must be
due the judgment obligor. Notice shall be served on third secured (Crespo vs. Mogul, 151 SCRA 462).
parties. The third party garnishee must make a written
report on whether or not the judgment obligor has PRIVATE CRIMES
sufficient funds or credits to satisfy the amount of the The crimes of adultery and concubinage shall not be
judgment. If not, the report shall state how much fund or prosecuted except upon ​a complaint ​filed by the
credits the garnishee holds for the judgment obligor. offended spouse. The offended party cannot institute
Such garnish amounts shall be delivered to the judgment criminal prosecution without including the guilty parties, if
oblige-creditor (Rule 39, Sec.9 [c]). both alive, nor, in any case, if the offended party has
consented to the offense or pardoned the offenders.
PRELIMINARY INJUNCTION. NATURE Note that the doctrine of parens patriae does not
Suit for injunction is an action in personam. In the early apply.
case of Auyong Hian vs. Court of Tax Appeals [59 SCRA
110 [1974]), it was held that a restraining order like an DEMURRER DEMURRER
injunction, operates upon a person. It is granted in the CIVIL CASES CRIMINAL CASES
exercise of equity of jurisdiction and has no in rem effect Defendant need not Maybe filed with or without
to invalidate an act done in contempt of an order of the ask for leave of court leave of court. Leave of
court except where by statutory authorization, the decree court is necessary so that
is so framed as to act in rem on property. (Air Materiel the accused could present
Wing Savings and Loan Association, Inc. vs. manay, 535 his evidence if demurrer is
SCRA 356 [2007]). denied
If the court finds If the court finds the
REPLEVIN plaintiff’s evidence prosecution’s evidence
Replevin or delivery of personal property consists in insufficient, it will insufficient, it will grant the
the delivery, by order of the court, of personal grant the demurrer demurrer by rendering
property by the defendant to the plaintiff, upon the by dismissing the judgment acquitting the
filing of a bond. (​ Calo v. Roldan, 76 Phil. 445 [1946]) case. The judgment accused. Judgment of
of dismissal is acquittal is not appealable.
appealable. If plaintiff Double jeopardy sets-in
appeals and
judgment is reversed
by the appellate
CRIMINAL PROCEDURE court, it will decide
the case on the basis
REQUISITES OF A COMPLAINT: of the plaintiff’s
1. It must be in writing and under oath; evidence with the
2. It must be in the name of the People of the consequences that
Philippines; the defendant
3. It must charge a person with an offense; already loses his
4. It must be subscribed by the offended party, by any right to present
peace officer or public officer charged with the evidence. There is
enforcement of the law violated. no ​res judicata i​ n
dismissal due to
REQUISITES OF INFORMATION: demurrer
1. It must be in writing; The plaintiff files a The court may deny the
2. it must charge a person of an offense; motion to deny motion
3. It must be subscribed by the prosecutor; and motion to demurrer
4. It must be filed in court. evidence

CRIMINAL PROSECUTION: PRESCRIPTION

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If court denies the If court denies the consider matters stated in

demurrer, defendant demurrer: sec. 2 Rule 118
will present his 1. Demurrer was WITH
evidence LEAVE, accused may
present his evidence; MOTION TO QUASH Grounds:​ (Sec. 3, Rule 117)
2. WITHOUT LEAVE, (a) ​Facts charged ​do not constitute an offense​;
accused could no longer (b) ​Court trying the case has ​no jurisdiction over the
present his evidence and offense​ charged;
submits the case for (c) ​That the court trying the case has ​no jurisdiction
decision based on the over the person​ of the accused;
prosecution’s evidence (d) Officer who filed the information ​had no authority to
do so;
Only by motion of Court may motu proprio (e) ​Does not conform ​substantially to the prescribed
defendant dismiss/acquit form​;
Upon motion of the a. Upon motion of the (f) More than one offense is charged except when a
defendant accused, with or without single punishment for various offenses is prescribed by
leave of court. law;
(g) Criminal action or liability has been extinguished​;
PRE-TRIAL (h) ​That it contains averments which, if true, would
PRE-TRIAL IN CIVIL PRE-TRIAL IN CRIMINAL constitute a legal excuse or justification; and
CASES CASES (i) ​That the accused has been previously convicted or
The presence of the The accused is merely acquitted of the offense charged, or the case against him
defendant is required, required to sign the was dismissed or otherwise terminated without his
unless he is duly written agreement arrived express consent. (Double jeopardy)
represented at the at in the pre-trial PREJUDICIAL QUESTION​. ​Elements
pre-trial conference by conference, if he is in (a) ​the previously instituted civil action involves an issue
his counsel with the conformity with it. Unless similar or intimately related to the issue raised in the
requisite authority to otherwise required by the subsequent criminal action, and
enter into a court, his presence (b) ​the resolution of such issue determines whether or
compromise therefore is not not the criminal action may proceed.
agreement, failing in indispensable.
either of which the NOTE: This is aside from DOUBLE JEOPARDY
case will proceed as if the consideration that the Requisites for the first jeopardy to attach
the defendant has accused may waive the 1.The complaint or information or other formal charge
been declared in right to be present at any was sufficient in form and substance to sustain a
default stage of the proceeding conviction;
except at arraignment, 2. The court had jurisdiction;
promulgation of judgment, 3. The accused had been arraigned and pleaded; and
or required by the court 4. He was convicted or acquitted or the case was
for purposes of dismissed without his express consent.
identification. When all this circumstances are present, they
The presence of the The presence of the constitute a BAR to second prosecution for:
plaintiff is required at private offended party is 1. The same offense;
the pre-trial unless not required at the 2. An attempt to commit such offense;
excused therefrom for pre-trial. Instead, he is 3. A frustration of said offense;
valid reasons or if he required to appear at the 4. Any offense which is necessarily included or
is represented by a arraignment of the necessarily includes the first offense.
person fully accused for the purposes
authorized in writing to of plea WARRANTLESS ARREST
perform the acts bargaining, determination ​ rrest without warrant;​ ​when lawful.​ — A
Section 5​. A
specified in sec. 4, of civil liability, and other peace officer ​or a ​private person ​may, without a
Rule 18. matters requiring is warrant, arrest a person:
Absent such presence. (a) When, in his ​presence​, the person to be arrested
justification, the case Should he fail to appear has committed, is actually committing, or is attempting to
may be dismissed therein, and the accused commit an offense;
with or with out offers to plead to a lesser (b) When an ​offense has just been committed​, and he
prejudice. offense necessarily has probable cause to believe based on personal
included in the offense knowledge of facts or circumstances that the person to
charged, he may be be arrested has committed it; and
allowed to do so with the (c) When the ​person to be arrested is a prisoner w ​ ho
conformity of the has escaped from a penal establishment or place where
prosecutor alone. he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being
No pre-trial brief but only transferred from one confinement to another.
requires the attendance at
the pre-trial conference to SEARCH WARRANT
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Section 4. ​Rule 126.​ — A search warrant shall not issue the judgment of the appellate court is favorable and
except upon probable cause in connection with one applicable to the latter. Sec. 11 or Rule 122.
specific offense to be determined personally by the
judge after examination under oath or affirmation of the This is true in Probation Law as amended by RA. 10707.
complainant and the witnesses he may produce, and If there are several accused and only one appealed from
particularly describing the place to be searched and the a non-probationable penalty, and on appeal or review, a
things to be seized which may be anywhere in the probationable penalty is imposed, the other co-accused
Philippines. who did not appeal may apply for probation. Sec 4.
WHEN MAY THERE BE A SEARCH WITHOUT A PROVISIONAL DISMISSAL
WARRANT: A case shall not be provisionally dismissed ​except with
1. In ​times of war​, within the area of military operation the express consent of the accused and with notice to
(exceptional circumstances); the offended party.
2. As an ​incident of a lawful arrest ​subject to the The provisional dismissal of offenses punishable by
following requisites: imprisonment ​not exceeding six (6) years ​or a fine of
a. Arrest must be lawful; any amount, or both, shall become permanent ​one (1)
b. Search and search and seizure must be year ​after issuance of the order without the case having
contemporaneous with the arrest; been ​revived​. With respect to offenses punishable by
c. Search must be within the permissible area or within imprisonment of ​more than six (6) years​, their
the immediate control of the accused; provisional dismissal shall become permanent ​two (2)
3. Under ​plain view doctrine​—prohibited articles open years ​after issuance of the order without the case
to eye and hand; having been revived.
REQUISITES:
a) Prior valid intrusion based on the valid warrantless
arrest in which the police are legally present in the Evidence
pursuit of their official functions; Evidence is the means, ​sanctioned by these rules​, of
b) The evidence is inadvertently discovered; ascertaining in a ​judicial proceeding ​the ​truth ​respecting
c) Evidence is immediately apparent without any further a matter of fact​.
search;
d) Apparent illegality of the evidence. EVIDENCE ADMISSIBILITY
Evidence is admissible when it is ​relevant ​to the issue
BAIL AS A MATTER OF RIGHT VS. DISCRETIONARY and ​is not excluded ​by the law of these rules.
Bail ​is a matter of right (a) before or after conviction by
the inferior courts; (b) before conviction by the RTC of an ​RELEVANT​---has a logical connection with the fact in
offense not punishable by death, reclusion perpetua or issue or if it establishes directly or indirectly the
life imprisonment., when the evidence of guilt is not existence or non-existence of the facts in issue.
strong (Sec. 4, Rule 114, 2000 Rules of Criminal Relevancy is determined by logic and common sense.
Procedure). Bail is discretionary: Upon conviction by the Component of Relevant Evidence:
RTC of an offense not punishable by death, reclusion a. ​Materiality​--- whether the evidence is offered upon a
perpetua or life imprisonment (Sec. 5, Rule 114, 2000 matter properly in issue;
Rules of Criminal Procedure). b. ​Probativeness​--- the tendency of the evidence to
BAIL IN RELATION TO EXTRADITION establish the proposition that it is offered to prove.
While extradition is not a criminal prosecution, it is
characterized by deprivation of liberty when one is under COMPETENT​--- if ​not excluded by law​ o
​ r the Rules​.
provisional arrest. The means employed to attain the Competency is determined by the constitution and the
purpose of extradition is the same machinery for criminal laws.
cases. While extradition law does not provide for the
right to bail, there is no prohibition thereon. Hence bail is WHAT ARE EXCLUDED BY LAW OR RULES (​a.k.a.
available provided the person is not a flight risk and EXCLUSIONARY RULES (rights protected)
circumstances warrant. (Gov. of Hongkong vs. Olalia) 1. right against unreasonable search and seizure;
2. right to privacy and inviolability of communication;
JUDGMENT: EFFECT OF FAILURE TO APPEAR ON 3. right of a person under investigation of an offense;
PROMULGATION 4. right against self-incrimination.
If the judgment is for conviction and the failure of
the accused to appear was without justifiable cause, Best Evidence Rule and Exceptions
he shall lose the remedies available in these rules
When the subject of inquiry is the contents of a
against the judgment and the court shall order his
document, no evidence shall be admissible other than
arrest. Within fifteen (15) days from promulgation of
the original document itself, except in the following
judgment, however, the accused may surrender and file
cases:
a motion for leave of court to avail of these remedies. He
(a) When the original has been lost or destroyed, or
shall state the reasons for his absence at the scheduled
cannot be produced in court, without bad faith on the
promulgation and if he proves that his absence was for a
part of the offeror;
justifiable cause, he shall be allowed to avail of said
(b) When the original is in the custody or under the
remedies within fifteen (15) days from notice. (Sec. 6.
control of the party against whom the evidence is
Rule 120)
offered, and the latter fails to produce it after reasonable
---------------------
notice;
An appeal taken by one or more of several accused shall
(c) When the original consists of numerous accounts or
not affect those who did not appeal, except insofar as
other documents which cannot be examined in court
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without great loss of time and the fact sought to be 11. Testimony or Deposition at Former Proceeding.
established from them is only the general result of the
whole; and Res inter alios acta ​Things done between strangers
(d) When the original is a public record in the custody of ought not to injure those who are not parties to it
a public officer or is recorded in a public office.
Opinion Rule ​The opinion of witness is not admissible,
BURDEN OF BURDEN OF EVIDENCE except if the opinion is about:
PROOF a) the i​dentity ​of a person about whom he has adequate
Does not shift and Shifts from party to party knowledge;
remains throughout depending upon the (b) A ​handwriting ​with which he has sufficient
the entire case exigencies of the case in the familiarity; and
exactly where the course of the trial (c) The ​mental sanity ​of a person with whom he is
pleadings originally sufficiently acquainted.
placed it
Generally Generally determined by the The witness may also testify on his ​impressions ​of the
determined by the developments of the trial, or emotion, behavior, condition or appearance of a person.
pleadings filed by by the provisions of
the party substantive law or procedural Parol Evidence Rule
rules which may relieve the
The parol evidence rule, embodied in Section 9, Rule
party from presenting
130 of the Rules of Court holds that when the terms of
evidence
an agreement have been reduced into writing, it is
considered as containing all the terms agreed upon and
there can be, between the parties and their
Preponderance ​- ​That which is of greater weight or successors-in-interest, no evidence of such terms other
more convincing than that which is offered in opposition than the contents of the written agreement. (Leighton
to it. Contractors Phils. Inc., vs. CNP industries, Inc., G.R. No.
Substantial - ​Required to reach a conclusion in an 160972, March 9, 2010). Evidently, parol evidence only
administrative proceedings or to establish a fact before applies to written agreements or contractual documents.
administrative/quasi-judicial bodies. Such relevant
evidence as a reasonable mind might accept as Disqualification by reason of marriage:
adequate to support a conclusion. During their marriage, neither the husband nor the wife
Proof of guilt beyond reasonable doubt - may testify for or against the other without the consent of
That which is the logical and inevitable result of the the affected spouse, except in a civil case by one
evidence on record, exclusive of any other against the other, or in a criminal case for a crime
consideration, of the moral certainty of the guilt of the committed by one against the other or the latter's direct
accused or that degree of proof which produces a descendants or ascendants.
conviction in an unprejudiced mind. Privilege Communication (Marital)
The husband or the wife, during or after the marriage,
CLEAR AND CONVINCING EVIDENCE cannot be examined without the consent of the other as
This is adduced to overcome a prima facie case or a to any communication received in confidence by one
disputable presumption. That degree of proof which will from the other during the marriage except in a civil case
produce in the mind of the trier of facts a firm belief or by one against the other, or in a criminal case for a crime
conviction as to the allegations sought to be established. committed by one against the other or the latter's direct
descendants or ascendants.
Hearsay Evidence and its exceptions
Two concepts of hearsay evidence: Any evidence, Disqualification by Disqualification by
whether oral or documentary, is hearsay if its probative REASON OF REASON OF MARITAL
value is not based on the personal knowledge of the MARRIAGE (sec. 23) PRIVILEGED (sec. 24 [a])
witness but on the knowledge of some other person not Can be invoked only Can be claimed whether
on the witness stand (Regalado, p. 736). when one of the or not the other spouse is
Hearsay evidence also includes all assertions which spouses is a party to the a party to the case
have not been subject of cross-examination by the case
adverse party at the trial in which they are being offered Applies only if marriage Can be claim even if after
against him (Herrera, vol. V., p.564). is still existing when the the marriage is dissolved
Exceptions: testimony is offered
1. Dying Declaration; Constitutes a total Applies only to confidential
2. Declaration Against Interest; prohibition for or against communications between
3. Act or Declaration About Pedigree; the spouse of the the spouses
4. Family Reputation or Tradition Regarding Pedigree; witness
5. Common Reputation; The objection would be The married person is on
raised on the ground of the stand but the objection
6. Res Gestae;
marriage. The married of the privileged is raised
7. Entries in the Ordinary Course of Business;
witness would not be when confidential marital
8. Entries in Official Records;
allowed to take the communication is inquired
9. Commercial Lists; stand at all because of into
10. Learned Treatises; the disqualification.
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Even if the testimony is where the ​assessed value of the property involved is
for or against the less than Twenty thousand pesos (P20,000.00) or for
objecting spouse, the civil actions in Metro Manila, where such the value is
spouse cannot testify less than Fifty thousand pesos (50,000.00)

RULE 129, Sec. 4 RULE 130, Sec. 26 Totality Rule: where there are several claims or causes
of action between the same or different parties,
Judicial admission Extra-judicial
embodied in the same complaint, the amount of the
admission
demand shall be the totality of the claims in all the
In the course of a Out of court
causes of action, irrespective of whether the causes of
proceeding in the same declaration
action arose out of the same or different transactions
case
Does not require proof Requires proof
Conclusive upon the Rebuttable MAY THE ALL KNOWING, THE GREATEST
admitter
Admissible even if Admissible only if
AND THE SOURCE OF EVERYTHING
self-serving disserving GRANT YOUR DESIRE
Subject to Not subject to
cross-examination cross-examination.

Witness (Competence and Examination)

A witness can testify only to those facts which he knows
of his personal knowledge; that is, which are derived
from his own perception

BP 129: Jurisdiction

JURISDICTION IN CIVIL CASES​.

​REGIONAL TRIAL COURTS​: Civil Cases
(1) ​Incapable of pecuniary estimation​;
(2) In all civil actions which involve the ​title to, or
possession of, real property, or any interest therein​,
where the ​assessed value of the property involved
exceeds Twenty thousand pesos (P20,000.00) or for
civil actions in Metro Manila, where such the value
exceeds Fifty thousand pesos (50,000.00) except
actions for forcible entry into and unlawful detainer of
lands or buildings, original jurisdiction over which is
conferred upon Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts;
(3) In the issuance of writs of certiorari, prohibition,
mandamus, quo warranto, habeas corpus and injunction
which may be enforced in any part of their respective
regions;
(4) In actions affecting ambassadors and other public
ministers and consuls;and
(5) In all cases not within the exclusive jurisdiction of any
court, tribunal, person or body exercising jurisdiction or
any court, tribunal, person or body exercising judicial or
quasi-judicial functions.

FIRST LEVER COURTS: Civil Cases

1, Courts of the first level have jurisdiction over civil
actions where the demand is for sum of money not
exceeding P300,000.00 or in Metro Manila,
P400,000.00, exclusive of interest, damages, attorney’s
fees, litigation expenses and costs: this jurisdiction
includes admiralty and marine cases. And where the
main cause of action is the claim for damages, the
amount thereof shall be considered in determining the
jurisdiction of the court (Adm. Circular No. 09-94, June
14, 1994).
2 Forcible entry and unlawful detainer; and
3 All civil actions which involve the ​title to, or
possession of, real property, or any interest therein​,